A. Regulated Activities: Land disturbing activities that meet the thresholds under the manual for application of the minimum requirements, new development and redevelopment are regulated activities and shall provide for stormwater management consistent with the minimum requirements unless exempted in subsection B of this section. The Director has the authority to approve or disapprove stormwater facilities required based on the minimum requirements; provided that, compliance with the minimum requirements and related regulations, standards and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment.
1. Roadway Redevelopment: The following roadway maintenance practices are considered redevelopment and are subject to the requirements of this article:
a. Removing and replacing a paved surface to base course or lower, or repairing the roadway base.
b. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces.
c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete. These are considered new impervious surfaces.
B. Exemptions: The following activities are exempt from the requirements of this article:
1. Commercial Agriculture Practices: Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt.
2. Forest Practices: Forest practices regulated under Washington Administrative Code title 222, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of this article.
3. Regulations: Development undertaken by the Washington State Department of Transportation in State highway rights-of-way is regulated by Washington Administrative Code 173-270, the Puget Sound Highway Runoff Program.
4. Road Maintenance: The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading stormwater drainage systems, crack sealing, resurfacing with in kind material without expanding the road prism, and vegetation maintenance.
5. Underground Projects: Underground utility projects that replace the ground surface with in kind material or materials with similar runoff characteristics. However, stormwater management in accordance with Minimum Requirement 2, construction stormwater pollution prevention, is still required.
6. Exemptions From Flow Control: New development or redevelopment projects may be exempt from flow control subject to subsection 9-5A-9E of this article.
7. New Development/Redevelopment: All other new development and redevelopment are subject to the general requirements, as a minimum, in section 9-5A-9 of this article.
C. Exempt Applicants: An applicant receiving an exemption or whose activities are exempt from the requirements of this article:
1. Is not authorized to cause illicit discharges, including spills, of oil or hazardous substances;
2. Is not relieved from responsibilities and liabilities under State and Federal laws and regulations pertaining to those illicit discharges; and
3. Is not authorized to allow discharges that would violate standards in the NPDES Phase II permit. (Ord. 911, 8-31-2011)