14.27.030 Exemptions.
A. Exemptions. Unless otherwise indicated in this section, the practices described in this section are exempt from the core requirements, even if such practices meet the definition of new development or redevelopment.
1. Forest Practices. Forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timberland to other uses, are exempt.
2. Commercial Agriculture. 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.
3. Pavement Maintenance. The following pavement maintenance practices are exempt from the core requirements, but shall use appropriate BMPs to minimize erosion and sediment transport: pothole and square cut patching, grinding/inlays, 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, and vegetation maintenance. The following pavement maintenance practices are not categorically exempt:
a. Removing and replacing a paved surface to base course or lower, or repairing the pavement base. If impervious surfaces are not expanded, Core Requirements Nos. 1 through 5 apply.
b. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces and are subject to the core requirements that are triggered when the thresholds identified for new or redevelopment projects are met.
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 and are subject to the core requirements that are triggered when the thresholds identified for new or redevelopment projects are met.
4. Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Core Requirement No. 2: Construction Stormwater Pollution Prevention. (Ord. 1525 §1 (part), 2017).