Chapter 16.15
REGULATED AND EXEMPT ACTIVITIES
Sections:
16.15.010 Regulated activities.
16.15.030 Application of title to regulated activities.
16.15.010 Regulated activities.
The following projects or activities are subject to the provisions of this title:
(1) Single-family residential; or
(2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or
(3) Projects that propose 7,000 square feet or more of land disturbing activity; or
(4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or
(5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or
(6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or
(7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, “new pollutant(s)” means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or
(8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value of the structure or improvement. The appraisal shall be conducted by a state-certified real estate appraiser; or
(9) Projects proposing $100,000 or more of improvements to an existing high-use site.
(Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in Section 1.1.1.)
Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Nonconforming water quality improvements.
(Ord. No. 10-652, §§ 3, 4, 4-6-10; Ord. No. 09-630, § 8, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-6.)
16.15.020 Exemptions.
The following activities are exempt from the provisions of this title:
(1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and
(2) Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the requirements of this title.
(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-7.)
16.15.030 Application of title to regulated activities.
Prior to the director’s approval that the requirements of this title have been met, the city shall not grant any permission or approval, including but not limited to the following approvals, for projects involving any regulated activity:
(1) Binding site plan (BSP);
(2) Building permit (residential or commercial);
(3) Clearing and grading/land surface modification;
(4) Experimental design adjustment;
(5) Franchise for utility or other right-of-way use;
(6) Preapplication adjustment;
(7) Right-of-way use permit;
(8) Right-of-way improvement modification;
(9) Shoreline substantial development permit;
(10) Short subdivision (short plat) approval;
(11) Single-family residential building permit;
(12) Site plan approval;
(13) Use process I, III, or IV approval;
(14) Special use permit;
(15) Subdivision (plat) approval (preliminary or final);
(16) Zoning reclassification;
(17) Zoning variance.
Regulated activities may be conducted only after the applicant has demonstrated compliance with all the elements of the appropriate level of drainage review as required by this title, obtained the director’s approval, and obtained other permits or approvals as may be required by the Federal Way Revised Code.
(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-8.)