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(1) New development or redevelopment activities that result in less than 10,000 square feet of new, replaced, or new plus replaced hard surfaces where no portion of the project site will drain, either directly or indirectly, to any existing or planned municipal separate storm sewer system (MS4), shall be eligible for an exception from certain requirements of this chapter as described in subsection (2) of this section. All other applicable requirements of this chapter shall apply, based on the thresholds for the project site.

For this exception to apply:

(a) The proposed new development and redevelopment activities must occur outside of all critical areas, together with the buffers of and setbacks from critical areas, except that such activities may occur within floodplains and aquifer recharge areas of low or moderate sensitivity to groundwater contamination; and

(b) The applicant shall clearly establish with accurate supporting documentation showing to the satisfaction of the director, that the project meets the criteria set forth in subsection (3) of this section.

(2) Projects that meet the requirements of subsection (1) of this section shall be excepted from the following:

(a) The requirements of SCC 30.63A.525 relating to on-site stormwater management feasibility analysis and on-site stormwater management BMPs described in Vol. I, Section 2.5.5 of the Drainage Manual, with the exception of BMP T5.13 (Post-Construction Soil Quality and Depth), and any requirements pursuant to SCC 30.63A.400 that pertain solely to implementation of SCC 30.63A.525 (except for implementation of BMP T5.13).

(b) The recording of drainage easements for on-site stormwater management BMPs pursuant to SCC 30.63A.595.

(c) Requirements related to operation and maintenance manuals for on-site stormwater management BMPs set forth in SCC 30.63A.575(4).

(3) For the purposes of this chapter, a project site does not drain, either directly or indirectly, to any existing or planned MS4 if the following criteria are met:

(a) Stormwater runoff generated from the project site will either flow directly to a receiving water body or be totally contained on the project site and dispersed through infiltration and/or evaporation; and

(b) Stormwater leaving the project site through infiltration will not migrate to a component of the MS4 through groundwater flow or otherwise indirectly to the existing or planned MS4. (Added by Ord. 15-102, Jan. 11, 2016, Eff date Jan. 22, 2016).