13.40.030 Exemptions, exceptions, and adjustments.
Exemptions, exceptions, and adjustments to the provisions of this chapter are listed below.
A. Exemptions. The following land uses and land-disturbing activities are exempt from the provisions of this chapter:
1. Forest practices regulated under Title 222 WAC, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of the minimum requirements.
2. Commercial agriculture practices that involve working land for production are generally exempt. However, land conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt.
3. Construction of drilling sites, waste management pits, and associated access roads, and construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events.
4. The following pavement 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 drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance.
The following pavement maintenance practices are considered new or redevelopment, and therefore are not categorically exempt. The extent to which this exemption applies is explained for each circumstance.
a. Removing and replacing a paved surface to base course or a lower level, or repairing the pavement base: these are considered replaced hard surfaces. If hard surfaces are not expanded, Minimum Requirements Nos. 1 through 5 apply. However, in most cases, only Minimum Requirement No. 2, Construction Stormwater Pollution Prevention Plan, shall be required. Where appropriate, project proponents are encouraged to look for opportunities to use permeable and porous pavements.
b. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders are considered new hard surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new development projects are met.
c. Resurfacing by upgrading from dirt to gravel, a bituminous surface treatment (“chip seal”) asphalt, or concrete; or upgrading from gravel to chip seal, asphalt, or concrete; or upgrading from a chip seal to asphalt or concrete: these are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new development projects are met.
5. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2 (Construction Stormwater Pollution Prevention Plan).
6. With respect to replaced impervious surfaces, a project may be exempt from compliance with Minimum Requirement No. 6 (Runoff Treatment), Minimum Requirement No. 7 (Flow Control), or Minimum Requirement No. 8 (Wetlands Protection) should the city adopt a plan and schedule that fulfills those requirements through a regional drainage control plan (e.g., via a regional facility or facilities, stream restoration, or basin-specific development requirements).
B. Exceptions. Exceptions to the minimum requirements may be granted by the director following legal public notice of an application for an exception, legal public notice of the director’s decision on the application, and written findings of fact that documents the director’s determination to grant an exception. The department shall keep records, including the written findings of fact, of all local exceptions to the minimum requirements for a period of five years.
Project-specific design exceptions based on site-specific conditions do not require prior approval of the Washington State Department of Ecology (Ecology). However, the city must seek prior approval from Ecology for any jurisdiction-wide exception.
1. The director may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the director must consider and document with written findings of fact the following:
a. The current (preproject) use of the site; and
b. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
c. The possible remaining uses of the site if the exception were not granted; and
d. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
e. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
f. The feasibility for the owner to alter the project to apply the minimum requirements.
2. In addition, any exception must meet the following criteria:
a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
C. Adjustments. Adjustments to the minimum requirements may be granted by the director; provided, that a written finding of fact is prepared, that addresses the following:
1. The adjustment provides substantially equivalent environmental protection; and
2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met. (Ord. 3443 § 1, 2023; Ord. 2833 § 2, 2010)