Bonner County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 7
ENVIRONMENTAL STANDARDS
12-700: PURPOSE:
The purpose of this chapter is to:
A. Preserve and manage the county's natural resources, including pure water, clean air and diverse wildlife, to attain the greatest long term public benefit.
B. To protect its community from the loss of lives and property and to reduce public and private financial losses due to flood, fire, mass wasting, avalanches and excessive slopes by setting standards for development within hazard areas and discouraging development in high hazard areas. (Ord. 501, 11-18-2008)
SUBCHAPTER 7.5 - FLOOD DAMAGE PREVENTION1
(Rep. by Ord. 565, 5-3-2017)
12-710: PURPOSE:
The purpose of this subchapter is:
A. To preserve both the quality and quantity of Bonner County water resources.
B. To reduce erosion and sedimentation into waterways. (Ord. 501, 11-18-2008)
12-711: SHORELINE SETBACKS:
A. The following shoreline setbacks shall apply in all zoning districts:
1. For lakes, sloughs, ponds or other similar basins, or the Clark Fork or Pend Oreille rivers, or intermittent streams as shown on the national hydrography dataset (NHD), no structure shall be located closer than forty feet (40'), measured horizontally from the "shoreline", as defined in Section 12-819 of this title.
2. For rivers, streams, creeks or other similar flowing bodies of water, excluding the water bodies identified in subsection A1 of this section, no structure shall be located closer than seventy five feet (75'), measured horizontally from the applicable natural or ordinary water mark of any stream as shown on the NHD published by the United States geological survey, or by actual land survey or field inspection.
B. Shoreline Setback Exceptions:
1. Placement of constructed trams, rails, uncovered steps, stairs or walkways, any of which shall be four feet (4') or less in width and installed to provide access to the shoreline, are permitted within the shoreline setback. Such structures shall not be constructed in a manner that is parallel to the shoreline that would create a boardwalk along the waterfront (except where steep slopes require switchback designs).
2. For all parcels or lots where implementation of a seventy five foot (75') shoreline setback would result in a remaining building envelope of less than one hundred feet (100'), the shoreline setback may be reduced to a minimum of forty feet (40') as needed to allow for a maximum building envelope depth of one hundred feet (100'). The shoreline setback shall only be reduced to the minimum necessary to achieve the one hundred foot (100') building envelope. This exception shall apply only to dimensional constraints, but shall not apply to topographical, environmental or other constraints. This exception shall not apply to the following streams or rivers: Pack and Priest rivers; Hellroaring, Twin, Lightning, Grouse, Rapid Lightning, Trestle and Cocolalla creeks. (Ord. 501, 11-18-2008)
12-712: FENCE RESTRICTIONS NEAR WATER:
A. Fences or walls, excluding seawalls, taller than thirty six inches (36"), shall not be located closer than forty feet (40') from the shoreline.
B. Fences that are generally perpendicular to the shoreline may be permitted per subsection A of this section, but may only be placed along property lines. Fences in other locations within forty feet (40') of shorelines, including those placed parallel to shorelines, shall be prohibited.
C. The fencing restrictions shall not apply to fences erected for the pasturing of livestock. (Ord. 501, 11-18-2008)
12-713: IMPERVIOUS SURFACE STANDARDS NEAR WATER:
The maximum "impervious surface", as defined in section 12-809 of this title, within "shore land" areas, as defined in section 12-819 of this title, which are defined as those lands extending landward for two hundred feet (200') in all directions as measured on a horizontal plane from any shoreline, shall be thirty five percent (35%).
A. Exceptions:
1. Submerged lands shall be excluded from the lot size calculations above. Building location permits or building permit applications shall clearly show all existing and proposed impervious surfaces within the shoreline area and calculate the applicable percentage.
2. Developments may exceed these requirements by up to fifty percent (50%), provided all structures are not located closer than seventy five feet (75') from the shoreline. For example, the maximum percentage of impervious area may be increased from thirty five percent (35%) of the shore land area to fifty two and one-half percent (521/2%) of the shore land area, provided all structures are not closer than seventy five feet (75') from the shoreline. (Ord. 527, 5-16-2012)
12-714: SHORELINE VEGETATIVE BUFFER:
A. Areas: Vegetation buffer management areas include all lands within forty feet (40') from shorelines.
B. Delineated On Final Plat: Shoreline vegetation buffer management areas shall be delineated on the final plat of any subdivision. Applicants for shore land subdivisions may be required to plant vegetation as provided in appendix B of this title in shoreline vegetation buffer management areas prior to final plat approval. Exceptions may be made for areas that contain no cultivatable soil, such as pebble beach areas or rock outcroppings.
C. Water Quality Standards: To maintain water quality, reduce the potential for nutrients entering the waterways and to protect fish and wildlife habitat and drinking water standards, within shoreline vegetation buffer management areas, one of the following standards shall be met:
1. Preferred option: Noninvasive vegetation shall be left intact in existing natural condition within the shoreline vegetative buffer. The vegetative buffer may be enhanced with the planting of additional native and nonnative beneficial forbs, reeds, sedges, grasses, vines, shrubs, trees, ferns, perennials or ground cover listed in appendix B of this title.
2. Alternative option: Noninvasive vegetation shall be established and maintained within the shoreline vegetative buffer. The vegetative buffer strip shall consist of any combination of native and nonnative beneficial forbs, reeds, sedges, grasses, vines, shrubs, trees, ferns, perennials or ground cover listed in appendix B of this title. The planting shall be sufficiently dense to provide close growing vegetation designed to receive overland flow and hold and stabilize soils.
D. Trees: In addition, in vegetative buffers adjacent to perennial streams, trees shall be retained in accord with the following:
1. Standing trees, including conifers, hardwoods and snags, shall be left within forty feet (40') of the ordinary high water mark on each side of all perennial streams, in the following minimum numbers of standing trees per one thousand feet (1,000') of stream on each side:
TREE RETENTION STANDARDS FOR STREAM CORRIDORS
Tree Diameter Breast Height (dbh) (Measured At 4.5' Above Mean Ground Level On Standing Trees) | Perennial Stream Width | ||
Over 20' | 10' - 20' | Under 10' | |
3" - 7.9" | 200 | 200 | 200 |
8" - 11.9" | 42 | 42 | 42 |
12" - 19.9" | 21 | 21 | - |
20"+ | 4 | - | - |
a. Snags will be counted as standing trees in each diameter class if snag height exceeds one and one-half (11/2) times the distance between the snag and the stream's ordinary high water mark. Not more than fifty percent (50%) of any class may consist of snags.
b. Trees should only be pruned up to one-third (1/3) of their height in order to maintain optimum tree health. If defensible space is a high priority, up to one-half (1/2) of the tree height may be pruned. (Ord. 501, 11-18-2008)
E. Exceptions: The shoreline vegetation standards shall not apply to the following:
1. Placement of trams, rails, uncovered steps, stairs, walkways four feet (4') or less in width to provide access to the shoreline. These structures shall not be constructed in a manner that is parallel to the shoreline that would create a boardwalk along the waterfront, except where steep slopes require switchback designs.
2. Replacement of lawn areas with native vegetation.
3. Removal of trees infected by a pathogen or attacked by insects that threaten the surrounding trees.
4. Removal of trees that are potentially hazardous to public health or safety due to the risk of falling, and structural instability cannot be remedied due to nonmanmade, natural caused injury, such as weather or animal related damage.
5. Shoreline property owners are encouraged to plant native vegetation where none exists, in areas that contain cultivatable soils.
6. Exceptions may be made for areas that contain no cultivatable soil, such as pebble beach areas or rock outcroppings. (Ord. 512, 1-6-2010)
12-720.1: PURPOSE:
The purpose of this subchapter is to protect property, surface water and groundwater against significant adverse effects from excavation, filling, clearing, unstable earthworks, soil erosion, sedimentation and stormwater runoff, and to provide maximum safety in the development and design of building sites, roads and other service amenities. (Ord. 501, 11-18-2008)
12-720.2: APPLICABILITY:
The provisions of this subchapter shall be applicable to:
A. All new subdivisions subject to the provisions of chapter 6 of this title, as amended, and all new planned unit developments subject to the provisions of chapter 2, subchapter 2.5 of this title, as amended, except as provided for in subsection 12-720.3J of this subchapter;
B. Commercial and industrial site development and commercial or industrial planned unit developments subject to the provisions of this title, as amended, and building permits for commercial and industrial uses subject to the provisions of title 11 of this code, except as provided for in subsection 12-720.3K of this subchapter;
C. All public projects, including road construction, undertaken by Bonner County, or undertaken by any other political subdivision of the state of Idaho or public agency over which Bonner County asserts jurisdiction through this title and title 11 of this code, as amended; (Ord. 501, 11-18-2008)
D. New building construction which occurs within three hundred feet (300') of any lake, slough, pond, river, stream or intermittent stream shown on the national hydrography dataset (NHD), as published by the United States geological survey, or by actual survey, and which is subject to the provisions of title 11 of this code, as amended;
E. New building construction or development which occurs on or within three hundred feet (300') of a slope with fifteen percent (15%) or greater incline as determined from the applicable seven and one-half (7.5) minute quadrangle map published by the United States geological survey or by actual survey, and which is subject to the provisions of title 11 of this code, as amended; (Ord. 524, 1-11-2012)
F. Land disturbing activities which are a part of, accessory to, or preparatory to any of the activities listed in subsections A through E of this section;
G. Conversion of roads from one use to another (such as a logging road to a private road, private road to a public road, etc.), regardless of level of improvement required on the road; and
H. All other "excavation", defined as the mechanical removal of more than fifty (50) cubic yards of rock, natural soil or fill in any configuration, and grading (except those specifically exempted in section 12-720.3 of this subchapter). (Ord. 501, 11-18-2008)
12-720.3: ACTIVITIES TO WHICH THIS SUBCHAPTER IS NOT APPLICABLE:
The provisions of this subchapter shall not be applicable to any activity not specifically enumerated in section 12-720.2 of this subchapter, and shall not be applicable to:
A. Road construction which proceeds in compliance with and is restricted by the Idaho forest practices act, Idaho Code title 38, chapter 13;
B. Agricultural activities and practices specifically exempted from the local planning act at Idaho Code section 67-6529, to include the construction or use of ranch or farm roads used for access to fields, pastures or woodland;
C. Road or highway construction within the jurisdiction of any public highway agency other than Bonner County, and over which Bonner County may not assert use or control pursuant to provisions at Idaho Code title 40;
D. Installation, repair, replacement or maintenance of septic tanks which proceeds under the terms of a permit issued by the Panhandle health district;
E. Stream channel alterations which proceed under the terms of a permit issued by the Idaho department of water resources pursuant to Idaho Code title 42, chapter 38; (Ord. 501, 11-18-2008)
F. Traditional uses and activities carried out in conjunction with a residential use, including, but not limited to, such activities as gardening, yard maintenance, tree planting and reforestation, snow removal, maintenance of existing road or driveway, etc.; (Ord. 524, 1-11-2012)
G. Drilling of wells which proceed under the terms of permits issued by the Idaho department of water resources;
H. Land clearing and similar activities which occur as a part of fire suppression, or for the purpose of constructing fire breaks in forest lands;
I. Land clearing of rights of way by utility companies for the purpose of utility transmission and servicing of utility owned equipment;
J. Subdivisions in which all lots contain five (5) acres or greater, and no additional "impervious surface", as defined in section 12-809 of this title, are created. For subdivisions in which all lots contain five (5) acres or greater and new impervious surface is limited to driveways and roads only, the driveways and roadways only shall be subject to this subchapter; and
K. Applications for conditional use permits, industrial and commercial site plan reviews, planned unit developments and variances that do not result in the creation of additional "impervious surface", as defined in section 12-809 of this title. (Ord. 501, 11-18-2008)
12-720.4: GENERAL PROVISIONS, VIOLATIONS:
A. For all activities to which this subchapter is applicable as set forth at section 12-720.2 of this subchapter, it shall be unlawful for any person, group, association, entity or body corporate to proceed to conduct any activity or initiate construction on any structure, including excavation, site preparation or leveling, without first complying with the provisions of this subchapter.
B. No person shall damage, harm, fail to install or complete, or otherwise impair the grass infiltration areas, or any portion of a grading/stormwater management system, without prior approval from the county.
C. The failure to maintain any component of a grading/stormwater management system in accord with an approved grading/stormwater management plan shall be deemed a violation of the provisions of this subchapter. (Ord. 501, 11-18-2008)
12-721.1: ADMINISTRATION:
A. The planning director shall administer the provisions of this subchapter and shall perform all duties imposed upon the planning director within this subchapter.
B. In addition to the specific duties as may be set forth in other sections, the planning director shall:
1. Examine all permit applications submitted to the Bonner County planning department to determine whether the provisions of this subchapter apply. The planning director will receive all applications relating to the administration of this subchapter.
2. Direct applications into the relevant and proper procedural manner for review.
3. Maintain on file all applications, records of proceedings, final decisions, final grading/stormwater management plans, administrative exceptions issued, variances and records of appeals as are required by this subchapter.
4. Use as guidelines for examining all erosion control plans, preliminary grading/stormwater management plans and final grading/stormwater management plans, the handbook of best management practices for stormwater management and erosion and sedimentation control, and the stormwater management plan criteria and engineering standards prepared for the Panhandle health district, and the interagency stormwater committee by Kennedy Engineers, Spokane, WA, April 1992. The handbooks shall be used for guidance purposes only, not as a regulatory standard, and shall be made available to the public at the offices of the Bonner County planning department, the Bonner County clerk and at all public libraries within Bonner County.
5. Assist applicants to comply with the provisions of this subchapter.
6. Designate such assistants as the planning director may find necessary to fulfill these duties in a timely manner. (Ord. 501, 11-18-2008)
12-721.2: ADMINISTRATIVE EXCEPTIONS:
It shall be the duty of the planning director to exercise sound professional judgment in the issuance of administrative exceptions and to determine that such exceptions are within the purposes set forth in this subchapter:
A. The planning director may issue an administrative exception from the provisions of this subchapter, in whole or in part, for applications for building location permits or building permits for additions, remodeling or restoration of existing structures which would otherwise be subject to the provisions of this subchapter as set forth at section 12-720.2 of this subchapter.
B. The planning director may issue an administrative exception from the provisions of this subchapter to accommodate unique topographical, existing impervious surfaces, vegetative, geological or hydrological conditions.
C. The planning director may issue an administrative exception from the provisions of this subchapter when an applicant can demonstrate that the site located within three hundred feet (300') of a body of water is so situated topographically that the natural drainage from the site flows away from the body of water.
D. The planning director may issue an administrative exception in whole or in part from the provisions of this subchapter for commercial and industrial site development, and commercial or industrial planned unit developments listed at subsection 12-720.2B of this subchapter, for development which is part of an approved conditional use permit that includes an approved grading/stormwater management plan pursuant to section 12-724.1 of this subchapter.
E. The planning director may issue an administrative exception in whole or in part from the provisions of this subchapter for new residential building construction listed at subsections 12-720.2D and E of this subchapter, for lots which are part of an approved subdivision that includes an approved lot specific grading/stormwater management plan pursuant to section 12-724.1 of this subchapter. (Ord. 501, 11-18-2008; amd. Ord. 607, 7-22-2020)
12-722.1: PROCEDURES FOR NEW SUBDIVISIONS:
A. At the time of application for a new subdivision as set forth at chapter 6 of this title, the applicant shall cause a grading/stormwater management plan to be developed for the subdivision application. The grading/stormwater management plan and the preliminary plat of the subdivision shall be reviewed concurrently by the Zoning Commission.
B. No final plat for a subdivision shall be approved until the grading/stormwater management plan for the subdivision is also approved by the board.
C. No final plat shall be signed by the board until the requirements at section 12-727.1 of this subchapter have been met.
D. A set of final drawings illustrating the actual placement of the components of the grading/stormwater management system shall be filed with the planning director prior to final plat approval and prior to the release of any bond or financial surety for the grading/stormwater management system. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)
12-722.2: PROCEDURES FOR CONCURRENT REVIEW OF APPLICATIONS OTHER THAN FOR NEW SUBDIVISIONS OR BUILDING LOCATION PERMITS OR BUILDING PERMITS:
Any application which is not an application for a subdivision or a building location permit or building permit, but which is subject to the procedural requirements set forth in this title, as amended, shall be reviewed following the procedures set forth in this section. This section is applicable to applications for conditional use permits, industrial and commercial site plan reviews, planned unit developments and variances which are included at section 12-720.2 of this subchapter.
A. A grading/stormwater management plan shall be submitted concurrently with the application to be processed through this title. The planning director shall review the grading/stormwater management plan to determine compliance of the plan with this subchapter.
B. At the time of review of the application, the grading/stormwater management plan shall also be reviewed.
C. No final approval of an application shall occur unless a grading/stormwater management plan for the application is approved. (Ord. 501, 11-18-2008)
12-722.3: PROCEDURES FOR PROCESSING OF INDIVIDUAL BUILDING LOCATION PERMIT OR BUILDING PERMIT APPLICATIONS:
Unless an administrative exception has been issued, all grading, stormwater management, or erosion control plans for building location permits or building permits to which this subchapter is applicable, as set forth at section 12-720.2 of this subchapter, shall be processed as set forth in this section:
A. For a building permit or building location permit which would result in land disturbing activity at the site equal to or greater than four thousand (4,000) square feet of area, the applicant shall submit a grading/stormwater management plan as required at section 12-724.1 of this subchapter, prior to land disturbing activities.
B. For building location permits or building permits which would result in less than four thousand (4,000) square feet of land disturbing activity at the site, the applicant shall submit a grading/erosion control plan as required at section 12-724.2 of this subchapter, prior to land disturbing activities. (Ord. 524, 1-11-2012)
C. The planning director shall review the grading/stormwater management plan or the grading/erosion control plan for compliance with the provisions of this subchapter.
1. If the planning director finds the erosion control plan or the grading/stormwater management plan in compliance with the provisions of this subchapter, the building location permit or building permit shall also be deemed to be in compliance.
2. If the planning director finds that the erosion control plan or the preliminary grading/stormwater management plan is not in compliance with the provisions of this subchapter, the planning director shall notify the applicant in writing of the changes that need to be made to the drawings or the plan to bring it into compliance. Changes to a plan or drawings shall not require reapplication.
D. Grading/erosion control plans and grading/stormwater management plans shall be retained on file with the building location permit or building permit application. (Ord. 501, 11-18-2008)
12-722.4: PROCEDURES FOR REVIEW OF PUBLIC PROJECTS:
A. Public projects which require zoning review and approval shall be processed as at section 12-722.2 of this subchapter.
B. Public projects which require only a building location permit or building permit shall be processed as at section 12-722.3 of this subchapter. (Ord. 501, 11-18-2008)
C. Public projects which do not require zoning review and which do not require building location permits or building permits shall conform to the following procedures:
1. A grading/stormwater management plan shall be prepared by the applicant for the public project and submitted to the planning director for review, prior to the commencement of any land disturbing activity associated with the project.
2. The planning director shall review the grading, stormwater management, or erosion plan for compliance with the provisions of this subchapter.
3. If the planning director finds the plan in compliance with the provisions of this subchapter, the director shall provide written approval to the applicant. The approval shall expire if development has not commenced within two (2) years of the date of approval.
4. If the planning director finds that the plan is not in compliance with the provisions of this subchapter, the planning director shall notify the applicant in writing of changes required to bring the plan into compliance. The filing of these changes shall not require reapplication. (Ord. 524, 1-11-2012)
12-722.5: PROCEDURES FOR REVIEW OF OTHER PROJECTS:
1. For commercial or industrial site development or conversion of roads from one use to another, a grading/stormwater management plan shall be submitted to the planning department.
2. For preparatory activities listed at subsection 12-720.2F of this subchapter, the corresponding type of stormwater or grading plan required for the eventual land use shall be submitted to the planning department.
3. For fill, excavation and grading to which this subchapter is applicable, the following plan is required:
a. For sites not on or within three hundred feet (300') of a fifteen percent (15%) or greater slope or sites which are not within three hundred feet (300') of any lakes, sloughs, ponds, rivers, streams or intermittent streams as shown on the NHD, the following applies:
(1) No grading or stormwater plan is required for fill, grading or excavation which is greater than fifty (50) cubic yards but less than one hundred (100) cubic yards.
(2) A grading/erosion plan is required for fill, grading or excavation which involves between one hundred (100) cubic yards and five hundred (500) cubic yards of material.
(3) A grading/stormwater plan is required for fill, grading or excavation which exceeds five hundred (500) cubic yards of material.
b. For sites on or within three hundred feet (300') of a fifteen percent (15%) or greater slope or within three hundred feet (300') of any lakes, sloughs, ponds, rivers, streams or intermittent streams as shown on the NHD, the following applies:
(1) A grading/erosion plan shall be submitted for fill, grading or excavation which is greater than fifty (50) cubic yards but less than one hundred (100) cubic yards.
(2) A grading/stormwater plan shall be filed for fill, grading or excavation which is one hundred (100) cubic yards or greater.
B. The grading, stormwater management, or erosion control plan and requisite fee shall be submitted to the planning department.
C. The planning director shall review the grading, stormwater management, or erosion plan for compliance with the provisions of this subchapter.
1. If the planning director finds the plan in compliance with the provisions of this subchapter, the director shall provide written approval to the applicant. The approval shall expire if the use has not commenced within two (2) years from the date of approval.
2. If the planning director finds that the plan is not in compliance with the provisions of this subchapter, the planning director shall notify the applicant in writing of the changes that need to be made to the drawings or the plan to bring it into compliance. The filing of these changes shall not require reapplication. (Ord. 524, 1-11-2012)
12-723.1: GRADING STANDARDS:
A. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical (2:1), unless a design professional can demonstrate to the planning director substantial evidence that steeper slopes are feasible, taking into account safety, stability, erosion control, revegetation and overall water quality impacts. Subsurface drainage shall be provided as necessary for stability. All engineering reports are subject to review by the planning director or designee.
B. Fill slopes shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical (2:1), unless a design professional can demonstrate to the planning director substantial evidence that steeper slopes are feasible, taking into account safety, stability, erosion control, revegetation and overall water quality impacts. Fill slopes shall not be constructed on natural slopes of forty percent (40%) (21/2 horizontal to 1 vertical) or steeper, without special treatment or design. In addition, the toe of fill slopes shall not be closer to the top of existing or planned downhill cut slopes than the height of that cut (e.g., if an 8 foot cut is planned, the toe of the uphill fill slope shall not be closer than 8 feet to the top of that cut), unless the design professional has demonstrated that comparable stability can be achieved with lesser setbacks.
C. Prior to placement of fill, the ground surface shall be prepared to receive fill by removing vegetation, topsoil, forest duff and any other unsuitable material. The area to receive fill shall be scarified to provide a bond with the new fill. Fill shall not be placed until the area is prepared by constructing a level or slightly insloped toe bench into competent material at the base of the new fill. The planning director may waive the benching requirement for minor fills which are not intended to support a road, driveway or structure where the project design professional provides adequate evidence the fill is not at risk for slippage or movement. In high risk areas where slopes exceed fifteen percent (15%), or where highly erosive soils, seepage areas or known areas of subsidence exist, the position, width and configuration of the bench shall be determined by a design professional. Fill slopes and the transition zone into natural terrain shall be configured to a generally smooth, planar configuration so that runoff traverses the area as sheet flow and is not concentrated. Fill material shall be composed of mineral soil that is free of organic material. Roadway fills shall be placed in lifts and compacted to a minimum of ninety five percent (95%) of the maximum density as determined by the AASHTO T-99 or ASTM D-698 compaction procedure, or as specified in the design professional's report.
D. Except where roads or driveways cross property lines, the tops and toes of cut and fill slopes shall be set back from property boundaries one-half (1/2) of the height of the slope with a minimum of five feet (5') and a maximum of twenty feet (20'), unless a design professional has demonstrated to the planning director that smaller setbacks provide a sufficient measure of safety and stability for activities which may occur on adjacent property.
E. Terracing shall be required on all cut or fill slopes which exceed fifty feet (50') in height. Spacing, width and drainage requirements of the terrace shall be determined by a design professional. (Ord. 501, 11-18-2008)
12-723.2: GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT CONTROL:
Unless otherwise lawfully excused from compliance with the standards set forth in this subchapter, all development to which this subchapter is applicable shall comply with the following requirements and methods for stormwater management control:
A. Stormwater, in accordance with the performance standards set forth herein, shall be directed by nonerosive means to a stormwater management system identified in the handbook of best management practices for stormwater management and erosion and sedimentation control, and the stormwater management plan criteria and engineering standards prepared for the Panhandle health district and the interagency stormwater committee by Kennedy Engineers, Spokane, WA, April 1992, or by implementation of measures shown by a design professional to have an effective design capability which equals or exceeds the standards of this subchapter.
B. All development subject to this subchapter shall be carried out such that the runoff of stormwaters shall not be accelerated or concentrated beyond predevelopment levels beyond the exterior property lines or project boundaries. Exceptions for joint management of stormwater with adjoining property owners will be allowed by the planning director if an acceptable joint agreement is presented as a part of the grading/stormwater management plan.
C. Stormwater runoff shall be managed through compliance with the design standards and best management practices, or by implementation of measures shown by a design professional to have an effective design capability which equals or exceeds the standards of this subchapter.
D. Each applicant who proposes and implements a grass covered retention area for the collection or treatment of stormwater in accordance with this subchapter shall also establish the necessary maintenance system, including an acceptable plan for sustained functioning of the collection and treatment system. (Ord. 501, 11-18-2008)
12-724.1: CONTENTS OF GRADING/STORMWATER MANAGEMENT PLAN:
A grading/stormwater management plan shall bear the stamp or signature of a design professional and shall include:
A. A project summary or site plan showing the entire area covered by the application, any construction sites, existing drainage patterns, constraining environmental conditions and areas proposed or likely to be covered by impervious surfaces at completion of the project.
B. Construction quality drawings of all physical features of a proposed stormwater management system, to include a grading plan and the dimensions clearly shown for all conveyances, retention basins and swales designed for collection, treatment and infiltration of stormwater runoff.
C. Calculations which include, at a minimum: the extent of impervious surfaces, the capacity of conveyances and retention basins; and the design storm yield expected at the site.
D. A proposed construction schedule for the stormwater management system.
E. A proposed system of maintenance of the various elements of the stormwater management system, designating specifically any portions which are to be conveyed to a group, association or political subdivision for maintenance.
F. An erosion control plan.
G. For any injection wells or dry wells subject to the provisions of Idaho Code title 42, chapter 39, that registration for such wells has been obtained from Panhandle health district or other jurisdiction which may supersede, as provided by the state of Idaho.
H. For any stream channel alterations subject to the provision of Idaho Code title 42, chapter 38, that a permit for such alterations has been obtained from the Idaho department of water resources.
I. The operation and maintenance plan. (Ord. 501, 11-18-2008)
12-724.1.2: CONTENTS OF GRADING PLAN:
A grading plan shall include the following:
A. All areas to be disturbed.
B. Cut and fill limits for roadways, parking lots, buildings and all other proposed improvements.
C. Grade break, drainage channels and other stormwater conveyance channels, showing construction quality grading and layout.
D. All existing and proposed structures with finished floor elevation stated.
E. Point elevation details for all grade breaks, angle points, curve points and tie-in points at existing surfaces.
F. Location, elevation, width and configuration of any benches, terraces, retaining walls or other slope treatments. (Ord. 501, 11-18-2008)
12-724.2: CONTENTS OF GRADING/EROSION CONTROL PLANS:
A. Drawings of an appropriate scale, not to exceed one hundred feet to the inch (1" = 100') showing the areas of land disturbing activities, surface water bodies and watercourses, utilities, easements, areas subject to clearing, grading and for stockpiling of topsoil.
B. Location of temporary erosion and sedimentation control measures.
C. Location of permanent erosion and sedimentation control measures.
D. A proposed construction and revegetation schedule.
E. Maintenance and repair responsibility.
F. Calculations which include at a minimum the extent of impervious surfaces and the capacity of retention basins or other erosion and sedimentation control measures. (Ord. 501, 11-18-2008)
12-724.3: CONTENTS OF OPERATION AND MAINTENANCE PLANS:
A. An inspection schedule for the grading/stormwater management system to assure its continued operation as designed.
B. The person, organization, political subdivision or corporation responsible for the continued operation and maintenance of the grading/stormwater management system.
C. The contact person.
D. Financial arrangements for the support of continued maintenance of the grading/stormwater management system. (Ord. 501, 11-18-2008)
12-724.4: OPTIONAL PRELIMINARY GRADING/STORMWATER MANAGEMENT AND EROSION CONTROL PLAN:
For preliminary plats, conditional use permits, variances or planned unit developments subject to the requirements of this subchapter, an optional preliminary grading/stormwater management and erosion control plan may be submitted at the time of application in lieu of the plans required at sections 12-724.1 through 12-724.3 of this subchapter, subject to the following:
A. The optional preliminary grading/stormwater management and erosion control plan shall bear the stamp or signature of a design professional and shall contain the following:
1. A project summary describing the proposed improvements to the site and identifying the existing site characteristics, including slope, soil type and ground cover.
2. A site plan at a scale not to exceed one inch equals two hundred feet (1" = 200'), indicating the location of proposed roadways, any proposed grassed infiltration areas, surface water, seasonal drainages, wetlands or other environmentally sensitive areas. The site plan shall include flow arrows to indicate slope and sufficient topographic information to show the contours of the land. (Use of USGS map is acceptable, provided the scale corresponds to the site plan scale.)
3. Calculations for each drainage area showing the total proposed impervious surface, capacity of conveyances, grassed infiltration areas and retention basins and the design storm yield expected at the site.
4. Photographs of the site, including the proposed road approach.
5. A statement from the design professional confirming the site is capable of being developed consistent with the performance standards of this subchapter.
B. Bonner County planning department shall review the optional preliminary grading/stormwater management and erosion control plan using the procedures set forth at section 12-268 of this title. Upon completion of the review, the preliminary plan shall be considered by the governing body concurrently with the corresponding land use application.
C. Once Bonner County has approved the preliminary plan and corresponding application and prior to any development, the applicant shall submit to the planning department the required fees and final grading/stormwater management and erosion control plan that meets the applicable requirements of sections 12-723.1 through 12-726 of this subchapter.
D. The planning director or designee shall review the final plan and inform the applicant in writing whether the plan is complete and approved or incomplete. If the plan is incomplete, the director shall advise the applicant in writing of the required information or revisions needed to complete the plan.
E. The planning director shall issue a written "notice to proceed" once the final plan has been approved. No construction or development of the site shall occur until the notice to proceed has been issued.
F. Any determination made by the planning director in the administration of this section may be appealed to the board, pursuant to section 12-261 of this title.
G. Failure to submit the final plan or obtain the notice to proceed prior to initiation of construction is a violation of this subchapter and is subject to the enforcement actions, fees and fines of this title. (Ord. 524, 1-11-2012)
12-725: MODIFICATIONS OF GRADING/STORMWATER MANAGEMENT PLANS AND EROSION CONTROL PLANS DURING CONSTRUCTION:
During any aspect of site preparation, development or construction, if field conditions prove to be substantially different from conditions assumed by the design professional in the creation of a grading/stormwater management plan or grading/erosion control plan, such that stormwater or erosion controls may not function as planned, the design professional or owner may apply to the planning director for permission to make a minor modification in the plan. If the planning director finds that the modification is necessary and in substantial accord with the approved plan, the planning director shall notify the design professional or owner in writing, and construction can proceed. Any such minor modifications approved by the planning director shall be shown on the final drawings of the grading/stormwater management plan on file with the planning director. Any major modifications, as determined by the county engineer or planning director, shall be considered pursuant to the provisions for modifications of permits at section 12-266 of this title. (Ord. 501, 11-18-2008)
12-726: PERFORMANCE STANDARDS:
The following performance standards shall be applicable to all design, construction, implementation and maintenance of stormwater management systems as required by this subchapter:
A. Treatment System: All stormwater from impervious areas shall be directed to a stormwater management system identified in the handbook of best management practices for stormwater management and erosion and sedimentation control, and the stormwater management plan criteria and engineering standards, prepared for the Panhandle health district and the interagency stormwater committee by Kennedy Engineers, Spokane, WA, April 1992, or by implementation of measures shown by a design professional to have an effective design capability which equals or exceeds the standards of this subchapter. Stormwater treatment systems shall be sized to hold and treat the first one-half inch (1/2") of stormwater from impervious surfaces.
B. Collection And Conveyance System: No stormwater shall be collected or concentrated, except within a channel or artificial watercourse protected against erosion and containing energy dissipation measures to prevent erosion on adjoining lands. Existing watercourses and streams shall be protected from disturbance and erosion during site development. Any site development shall preserve installed components of a stormwater management system if they exist. All disturbed soils shall be protected from erosion during the course of construction.
C. Disposal System: The disposal component of a stormwater management system shall have the capacity to collect, convey and provide detention for a twenty five (25) year design storm, without damage to the stormwater management system or adjacent land and improvements.
D. For new subdivisions, planned unit developments, commercial and industrial development and public projects, as set forth at section 12-720.2 of this subchapter, there shall be no increase in the peak rate of runoff from the site when compared with the dissipation of stormwater from the site prior to the start of any construction, for the first one-half inch (1/2") of runoff. Within project boundaries, sufficient retention capacity shall be constructed to retain stormwater flow from the first one-half inch (1/2").
E. Certification: Certification in the Panhandle stormwater and erosion education program is encouraged for all contractors, developers, and excavators involved in site disturbance activities within two hundred feet (200') of the shoreline.
F. Weed, Pesticide Free Materials: Use of weed free and pesticide free materials is encouraged when natural materials are called for in stormwater/erosion control plans. (Ord. 501, 11-18-2008)
12-727.1: INSPECTIONS:
A. Grading/Stormwater Management Plans: At a minimum, two (2) inspections shall be required: 1) after erosion and sedimentation controls have been installed, prior to ground disturbance; and 2) after the project has been completed, including revegetation. For sites which are active during the winter, two (2) additional inspections shall be required; 3) after the site has been prepared for the winter (typically in September or October); and 4) sometime in January or February to ensure that the erosion and sedimentation control measures are adequate and maintained. The permittee's design professional shall perform the inspections and submit inspection reports to the planning director or designee.
B. Grading/Erosion Control Plans: A minimum of one inspection shall be conducted by the planning department or the permittee's design professional. The planning director shall determine whether additional inspections are necessary based on the nature of the project. The permittee's design professional (when applicable) or the planning director, or their designee, shall conduct the inspections. (Ord. 501, 11-18-2008)
12-727.2: GUARANTEE OF INSTALLATION:
A. For subdivisions, applicants must meet the requirements of section 12-644 of this title.
B. For all other developments requiring grading/stormwater management plans, the applicant shall enter into a surety agreement with the county agreeing to complete the improvements in accordance with surety agreement conditions and the grading/stormwater management plans. A cash deposit, certificate of deposit, corporate surety bond written by an insurance company licensed in Idaho having a rating from AM Best & Company of "A" or better, letter of credit issued and backed by a federal or state chartered bank, is required equivalent to one hundred percent (100%) of the design professional's estimated cost of construction of the improvements for the purpose of guaranteeing completion of the work. Prior to release of the financial guarantee, the developer's design professional shall submit a letter to the county, approving the construction and certifying its completion.
C. If the required improvements have not been completed by the specified date, the county may contract to have the work completed with the money from the financial guarantee. The county may also take additional enforcement measures as provided by law. (Ord. 501, 11-18-2008)
12-728: VARIANCES, APPLICATION FOR, NOTIFICATION, PROCEDURE:
A. It shall be the duty of the planning director to determine when an applicant's request for variation from the standards of this subchapter is beyond the scope of an administrative exception as set forth at section 12-721.2 of this subchapter. The planning director shall inform the applicant that the request must be processed as a variance, pursuant to subchapter 2.3 of this title, and subject to the filing fee as set forth in section 12-265 of this title.
B. An applicant for a variance shall show that the site character is topographically, physiographically, vegetatively or geologically so unique that the strict imposition of the standards of this subchapter would:
1. Defeat the purposes of this subchapter; or
2. Be less efficient in the collection, conveyance, detention, retention or treatment of stormwaters than the proposed alternative; or
3. Create an undue hardship.
C. No variance shall be issued where such variance would impose a burden upon adjacent landowners or divert untreated stormwaters onto adjacent lands. (Ord. 501, 11-18-2008)
12-729: INVESTIGATION, VIOLATION, ENFORCEMENT, REMEDIES AND PENALTIES:
A. Investigation: The planning director shall cause investigations to be made upon the request of the board or any public agency when any violation of the provisions of this subchapter is alleged to have occurred. The planning director shall make every effort to contact the property owner, and in no case shall be authorized to conduct warrantless searches of private property in the absence of consent from the property owner or occupier. The prosecuting attorney may seek to obtain a search warrant upon a showing of probable cause to suspect a violation or the existence of a reasonable program of inspection of the terms of a stormwater management system.
B. Violation: Whenever the planning director determines that any person is in violation of any provision of this subchapter, the planning director may commence an administrative enforcement action by issuing a written notice of violation. The notice of violation shall identify the alleged violation with specificity and shall inform the person to whom it is directed of an opportunity to confer with the planning director in a compliance conference. A written response may be required within fifteen (15) days of receipt of the notice of violation by the person to whom it is directed.
1. The planning director shall schedule a compliance conference which shall provide an opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance.
2. If the parties cannot reach agreement for remedying damages and/or assuring future compliance, the board of county commissioners may seek civil enforcement through court action.
C. Any person determined in a civil enforcement action to have violated any provision of this subchapter shall be liable for a civil penalty of three hundred dollars ($300.00) per day, and each violation of each provision of this subchapter may be deemed a separate violation.
D. The planning director, with the consent of the board, may pursue civil action to compel future compliance or to enjoin any continuing violation. (Ord. 501, 11-18-2008)
12-730: PURPOSE:
The purpose of this subchapter is to provide measures to protect and maintain wetlands. (Ord. 501, 11-18-2008)
12-731: WETLANDS RECONNAISSANCE REQUIRED:
A reconnaissance by a design professional accepted or authorized by the army corps of engineers to determine wetland boundaries shall be required for the following activities:
A. All subdivisions containing mapped wetland as determined from the U.S. fish and wildlife service national wetland inventory maps.
B. All building location permits, building permits or conditional use permits proposed for sites containing mapped wetland as determined from the U.S. fish and wildlife service national wetland inventory maps. The following developments are exempt from this requirement:
1. Building location permits or building permits where the applicant can demonstrate on a site plan that the proposed building site is not within a wetland as determined from the U.S. fish and wildlife service national wetland inventory maps.
2. Conditional use permit applications where the applicant can demonstrate on a site plan that the proposed building site is not within a wetland as determined from the U.S. fish and wildlife service national wetland inventory maps or where the development will not create additional impervious surface.
C. Land disturbing activities which are a part of, accessory to, or preparatory to new subdivisions, commercial or industrial site development, new residential construction, or all public projects over which Bonner County asserts jurisdiction through title 11 of this Code or this title, within a mapped wetland as determined from the U.S. Fish and Wildlife Service national wetland inventory maps. (Ord. 501, 11-18-2008)
12-732: WETLANDS DELINEATION REQUIRED:
A professional wetlands delineation shall be submitted at the time of application for:
A. All subdivisions featuring lots containing a wetland based on a wetlands reconnaissance as required in section 12-731 of this subchapter. Exception: Subdivisions where all building sites are delineated on the plat are outside of a wetland based on the wetlands reconnaissance.
B. All development sites and land disturbing activities that are within a wetland based on the wetlands reconnaissance. (Ord. 501, 11-18-2008)
12-733: WETLAND BUFFERS AND SETBACKS:
A. The Governing Body may require buffer areas adjacent to wetlands in new subdivisions, conditional use permit or zone change sites, based on the type of wetland as determined by Idaho Department of Fish and Game, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers or the applicant's design professional.
B. Building setbacks to wetlands of a minimum of forty feet (40'), unless it can be demonstrated by the wetlands professional that the wetlands are of a low quality, have low levels of function as wetlands and are heavily disturbed, as determined by the U.S. Army Corps of Engineers or the applicant's certified wetland delineator. Setbacks to low quality wetlands may be reduced to not less than twenty feet (20').
C. Vegetation conservation requirements no greater than specified in section 12-714 of this chapter. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2008)
12-740: PURPOSE:
The purpose of this subchapter is to provide measures to protect and maintain wildlife and fisheries habitat. (Ord. 501, 11-18-2008)
12-741: WILDLIFE PROTECTION STANDARDS FOR NEW SUBDIVISIONS:
Wildlife mitigation measures may be required in new subdivisions based on input from the Idaho Department of Fish and Game or U.S. Fish and Wildlife Service, including, but not limited to:
A. Requiring applicants to cluster residential lots per the conservation subdivision standards set forth in chapter 6, subchapter 6.3 of this title to maximize the common open space area in a way that minimizes impacts to wildlife corridors/areas.
B. Requiring increased or additional vegetation conservation areas and/or building setbacks, wildlife corridors, open space or other features, where applicable, to protect critical wildlife habitat. (Ord. 501, 11-18-2008)
12-760: PURPOSE:
The purpose of this subchapter is to protect the community from the loss of lives and property and to reduce public and private financial losses due to slope slippage. (Ord. 501, 11-18-2008)
12-761: CONCEPTUAL ENGINEERING PLAN REQUIRED:
When land disturbing activity is proposed in areas where the natural slope equals or exceeds thirty percent (30%), the Planning Director, Hearing Examiner, board or Zoning Commission may require a conceptual engineering plan as part of a subdivision, conditional use permit or variance application. The plan shall be developed by an Idaho licensed civil engineer, and shall depict proposed building sites, road and driveway grades, profiles and cross sections, and the slope and location of cuts and fills. The purpose of this plan is to demonstrate the feasibility of the proposed subdivision design and to illustrate the nature and extent of earthwork required for site preparation and construction. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)
12-762: GEOTECHNICAL ANALYSIS REQUIRED:
A. A geotechnical analysis shall be required for proposed building sites, roads, driveways or other development, where any of the following conditions apply:
1. Where the natural slope equals or exceeds thirty percent (30%);
2. Where soils are highly erodible, or where there are scarps, slumps, seeps or other geologic features exist that may be unstable, as determined by the Planning Director, Hearing Examiner, Zoning Commission or Board;
3. Where there is historic knowledge of sloughing, landslides, slumps or other hazardous geological features.
B. The geotechnical analysis shall be stamped and signed by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering. The geotechnical analysis shall be submitted prior to construction and shall explain the geologic and hydrologic features of the area, shall evaluate the suitability of the site for intended uses, shall identify potential problems relating to the geology and hydrology, shall summarize the data upon which conclusions are based, and shall propose mitigation measures. (Ord. 501, 11-18-2008; amd. Ord. 590, 6-12-2019; Ord. 661, 3-18-2022)
12-763: HYDROLOGICAL ANALYSIS REQUIRED:
(Reserved) (Ord. 501, 11-18-2008)