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<br />Sec. 34-220. Applicability. <br /> <br />(a) This division shall apply to new development and significant redevelopment within the <br />city (i) of any kind by a private individual or entity, except for the construction of major <br />thoroughfares and major collector streets designated on the City's Major Thoroughfare <br />and Freeway Plan and any public utilities in the rights-of-way for such thoroughfares and <br />streets, or (ii) of a structure, parking or storage area, or park or recreational facility by a <br />governmental entity. <br /> <br />(b) If the use of a parcel that was previously excluded from the definition of new <br />development because it was development on an existing undeveloped and undivided <br />parcel of five acres or more of one dwelling unit and one or more accessory structures <br />changes to a commercial activity that is not a home occupation, or the property is further <br />subdivided, the owner of the parcel shall at that time comply with all requirements of this <br />article. <br /> <br />(c) This division shall not apply to demolition authorized by action of City Council pursuant <br />to Chapter 82 of this Code.. <br /> <br />Sec. 34-221. General requirements. <br /> <br />(a) Subject to the limitation in subsection (c) of this section, all new development and <br />significant redevelopment subject to this article shall either obtain and continuously <br />maintain a storm water quality permit or file an industrial activity certification. If a parcel <br />subject to the requirements of this section is located partially in the city and partially in <br />the unincorporated area of Harris County and storm water from any portion of the parcel <br />drains into the MS4, a SWQ permit or lAC shall be required for the parcel. If a parcel <br />subject to the requirements of this subsection is located partially in the city and partially <br />in the unincorporated area of a county other than Harris County, a SWQ permit or lAC <br />shall be required for the parcel. <br /> <br />(b) The SWQ permit is in addition to any other construction permit required for the new <br />development or significant redevelopment. <br /> <br />(c) Subject to the limitations in this subsection, the obligation to have and comply with a <br />SWQ permit shall continue in perpetuity and shall run with all the land covered by the <br />original SWQ permit. The owner of the land shall have the obligation to have and comply <br />with a SWQ permit unless that obligation is transferred to another person pursuant to this <br />Code. If pursuant to this Code the obligation to comply is transferred to a homeowners' <br />association or a person other than the city, the homeowners' association or the other <br />person shall have the obligation to maintain and comply with a SWQ permit. Ifpursuant <br />to this Code, the obligation to comply is transferred to the city, the obligation to obtain <br />and continuously maintain a SWQ permit for the land covered by the SWQ permit shall <br />cease. <br /> <br />13 <br />