ARTICLE 7.1.  SITE DISTURBANCES, STORMWATER CONTROL AND SHORELINE DEVELOPMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432
8.7.101: APPLICABILITY:
8.7.102: APPLICATION AND INFORMATION REQUIREMENTS:
8.7.103: GRADING:
8.7.104: EROSION AND SEDIMENTATION CONTROL:
8.7.105: STORMWATER DETENTION AND CONVEYANCE:
8.7.106: STORMWATER TREATMENT:
8.7.107: GROUNDWATER AND SPRINGS:
8.7.108: STREAM PROTECTION BUFFERS:
8.7.109: SHORELINE MANAGEMENT AREA:
8.7.110: HAZARDS:
8.7.111: INSPECTION:
8.7.112: MAINTENANCE:
8.7.113: PROHIBITED CONDUCT:
8.7.114: ADMINISTRATION:
8.7.115: RISK ASSESSMENTS:

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.101: APPLICABILITY: linklink


A. Permit Required: Except as exempted under subsection B of this section, a site disturbance permit shall be required for the following activities:

1. Construction of all new driveways, private roads, or infrastructure authorized through the subdivision or conditional use permit process;

2. Conversion of roads from one use to another (such as a logging road to a private road, etc.) regardless of the level of improvement required on the road;

3. Excavation for the construction of structures;

4. Creation of a new commercial or industrial access or parking lot, or grading and paving of an existing commercial or industrial access or parking lot;

5. All other excavation and grading activity.


B. Exemptions: The following activities are exempt from the requirements of this article:

1. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, to the extent approved for operation under applicable federal, state, Panhandle health district, and county regulations.

2. Agricultural practices in common local usage.

3. Activities governed by and subject to the Idaho forest practices act, title 38, chapter 13, Idaho Code (IFPA) which are solely for the purpose of enabling or engaging in a "forest practice", as defined in subsection 38-1303(1), Idaho Code.

4. Cemetery graves.

5. Emergency situations involving immediate danger to life or property, substantial fire hazards, or other public safety hazards as subsequently determined by the county, or during the period covered by an emergency declaration by the county.

6. Operation of a refuse disposal or landfill site which is constructed and operated under permits from appropriate federal, state and local agencies.

7. In any twelve (12) month period, excavation or placement of fill less than fifty (50) cubic yards in volume which is outside of any stream protection buffer or shoreline management area.

8. Private road or driveway maintenance where work is limited to the travelway, no cut or fill slopes are created, and no drainage features are created or modified.

9. Excavation of test holes for soil testing activities, provided that no access road will be created for test hole excavation, and the total excavation is less than fifty (50) cubic yards.

10. Grading, excavating and placement of fill on a site that has less than ten percent (10%) slope, and is more than five hundred feet (500') from surface water as defined by this article, and that results in disturbance of less than one-third (1/3) of the parcel, or sites over the Rathdrum Prairie Aquifer which are greater than five hundred feet (500') from surface water. This exemption shall not apply to commercial or industrial developments or for subdivision infrastructure development.

11. Grading, excavating, or placement of fill which is subject to the regulations and permitting authority of the U.S. army corps of engineers, the federal energy regulatory commission, the Idaho department of lands, the Idaho department of environmental quality, and/or the Idaho department of water resources. Grading activities that are related to such projects, but which are not subject to the aforementioned agencies' regulations or permitting authority, are not exempt.

12. Abatement of noxious weeds.


C. BMPs: Activities exempted pursuant to subsection B of this section shall employ BMPs to prevent sediment from leaving the site.


D. Utility Providers: Site disturbing activities conducted by utility providers shall be regulated as follows:

1. Major installation projects where utility service is regional in nature, e.g., intending to serve more than one subdivision or intending to upgrade existing service to multiple subdivisions, or commercial or industrial projects, shall comply with all applicable requirements of this article, unless otherwise exempt.

2. All other work conducted by utility providers shall be exempt from the requirements of this article, but shall use BMPs to prevent sediment from leaving the site. (Ord. 493, 6-9-2016)

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The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.102: APPLICATION AND INFORMATION REQUIREMENTS: linklink


A. Applications: All applications for a site disturbance permit shall be submitted to the department on a form provided by the department. At a minimum, the following information shall be required:

1. Property owner's name and applicant's name if different from the owner;

2. Legal description of property including parcel number;

3. A written description of the work to be done, including an estimate of the amount of earth to be moved;

4. A site plan, drawn to scale, including property boundaries, north arrow, adjacent roads, location of proposed work, and distances to property lines or prominent features of the land.


B. Site Inspection: Upon receipt of a completed application, the department will perform a site inspection to determine the risk categories as outlined in section 8.7.115 of this article. Using the outcome of risk assessment and the nature, location, and time of year of the project, the director shall determine whether the project is high, moderate or low risk.


C. Site Disturbance Plans: A site disturbance plan shall be required for all high and moderate risk sites. The required elements of site disturbance plans shall be outlined in the plan criteria manual adopted by the director.

1. Plans prepared by a design professional shall be required in the following circumstances:

a. Site disturbing activities governed by this article on high risk sites.

b. All commercial and industrial development.

c. When required under subsection 8.7.101D of this article.

d. Subdivision infrastructure development.

2. Plans for moderate risk sites may be prepared by a design professional, contractor, or property owner.

3. The director may waive the submission of plans for minor improvements if the standards set forth in this article can be met by existing site conditions.


D. Interagency Coordination: The director may request comment from affected agencies where appropriate. Where coordinated permits are necessary, signoffs from permitting agencies or copies of other permits may be required. Permit authorities may include, but are not limited to:

1. Public highway agencies for work within public rights of way, including approach permits;

2. U.S. army corps of engineers;

3. Idaho department of lands for encroachments into navigable waters, logging activity under the IFPA, and surface mining activity;

4. U.S. environmental protection agency for site disturbing activity where an NPDES permit is required;

5. Coeur d'Alene Tribe for site disturbing activity within the boundaries of the Coeur d'Alene Indian Reservation; and

6. Idaho department of water resources for work within stream channels. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145968
8.7.103: GRADING: linklink


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 the design professional can demonstrate 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 director.


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 the design professional can demonstrate 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%) (2.5 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 director may waive the benching requirement for minor fills which are not intended to support a road, driveway, or structure. In high risk areas, 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 free of organic material except as may be determined by a design professional to be suitable. 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 the design professional has demonstrated 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(s) shall be determined by the design professional. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145969
8.7.104: EROSION AND SEDIMENTATION CONTROL: linklink


A. Erosion and sedimentation control BMPs for all sites must be sufficient to prevent sediment from leaving the site.


B. Stabilized construction entrances and driveways shall be required for all construction sites to minimize sediment tracking onto roadways. Such entrances and driveways shall be a minimum of six inches (6") thick, with a minimum rock size of three inches (3"), and a length sufficient to minimize off site tracking of sediment. Parking of vehicles shall be restricted to paved or stabilized areas.


C. The erosion and sedimentation control BMPs must be installed or otherwise in effect, and the boundary of the area to be disturbed must be clearly marked, as indicated in the approved plan, prior to any site disturbance.


D. All surfaces where bare soil is exposed during clearing and grading operations, including spoil piles, shall be covered or otherwise protected from erosion when it will not be worked for more than four (4) days.


E. The property owner, contractor, and design professional shall be responsible for the design and construction of revised temporary erosion and sedimentation control if application of the approved plan fails. The applicant shall immediately notify the director of alterations to plans.


F. All cut and fill slopes shall be revegetated or otherwise protected from erosion to the greatest extent practicable. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145970
8.7.105: STORMWATER DETENTION AND CONVEYANCE: linklink


A. Stormwater conveyance mechanisms must be sized to convey runoff from a 50-year storm event without causing flooding or other damage to public or private property, the stormwater management system, or other improvements.


B. Culvert size within public rights of way shall be determined by the public highway agency with jurisdiction. All other culvert sizing shall be done by an appropriate design professional.


C. Stormwater systems shall provide for sufficient storage volume and detention time to result in no increase in the peak rate of runoff from the site for a 25-year storm. Runoff from impervious and pervious surfaces shall be considered in meeting this requirement.


D. Where treatment of stormwater runoff is required prior to infiltration over the Rathdrum Prairie Aquifer, the runoff shall be conveyed to treatment areas with limited infiltration prior to treatment. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145971

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.106: STORMWATER TREATMENT: linklink

Treatment of the first one-half inch (1/2") of stormwater runoff from all impervious surfaces shall be required prior to discharge of the stormwater overland or to ground or surface waters.


A. Subdivisions: Stormwater management plans will be developed for subdivisions utilizing calculations that include the runoff from the future developed portions of each lot. Stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce an anticipated treatment efficiency of:

Pollutant   Treatment Efficiency  
Total phosphorus (P)   70%  
Total nitrogen (N)   70%  
Metals   70%  
Suspended solids   90%  


B. Commercial Or Industrial Development: Stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce an anticipated treatment efficiency of:

1. Areas over the Rathdrum Prairie Aquifer:

Pollutant   Treatment Efficiency  
Total P   85%  
Total N, metals   80%  
Suspended solids   95%  
Dissolved solids   50%  
Organic chemicals   60%  
Bacteria   99%  

2. Areas not over the Rathdrum Prairie Aquifer: Same anticipated treatment efficiency as listed in subsection A of this section.


C. Development Of Public And Private Roads: Stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce the same anticipated treatment efficiency as listed in subsection A of this section.


D. Residential Development On Individual Parcels:

1. Nonwaterfront Parcels: For nonwaterfront parcels of record which were lawfully created prior to January 1, 1997, stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce the following anticipated treatment efficiencies based on the ratio of total impervious area to total parcel size:

Impervious Area   Pollutant   Treatment Efficiency  
0 - 4%   Stormwater treatment not required  
4 - 8%   Total P, total N, and metals   40%  
Suspended solids   90%  
9 - 15%   Total P, total N, and metals   60%  
Suspended solids   90%  
16 - 35%   Total P, total N, and metals   80%  
Suspended solids   90%  

Impervious area ratios greater than thirty five percent (35%) shall be prohibited except on residential parcels which are sixteen thousand (16,000) square feet or less. Such parcels shall meet the same anticipated treatment efficiency standard for an impervious area of sixteen (16) to thirty five percent (35%).

2. Lots Created After January 1, 1997: Lots created after January 1, 1997, shall comply with the anticipated treatment efficiency standards listed in subsection A of this section, or in the case of waterfront lots, subsection D3 of this section.

3. Waterfront Parcels: For residential development on parcels with frontage on a recognized lake or the Coeur d'Alene or Spokane Rivers, stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce the following anticipated treatment efficiency:

Pollutant   Treatment Efficiency  
Total P, total N, and metals   80%  
Suspended solids   90%  

4. Replacement, Additions Or Alterations To Site Improvements: For replacement, or additions or alterations to existing site improvements where no stormwater system has previously been required, stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce no net increase in the pollutant export from the site's previously existing conditions. For additions or alterations to existing improvements on a site with a previously approved and implemented stormwater system, the stormwater treatment level shall be based on the total impervious area on the site as outlined in subsection D1 of this section.


E. Treatment Efficiency: On site postconstruction testing of BMP treatment efficiency will not be required by the county. The stormwater management plans must show that the proposed BMPs are anticipated to meet or exceed the treatment efficiencies listed above. Expected treatment efficiencies shall be included in the county's "Manual Of Best Management Practices" or the "Plan Criteria Manual". The development of the BMP list and required range of removal effectiveness is not intended to limit the use of new or innovative treatment procedures that may be developed through the creativity of the design professional preparing the stormwater management plan. New approaches and procedures will be considered and approved with the submittal of the appropriate support data that confirms the effectiveness of the proposed new treatment method, its use related to site constraints, and the maintenance burden it will produce if adopted and utilized. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145972
8.7.107: GROUNDWATER AND SPRINGS: linklink

Springs and other groundwater sources that are encountered during grading or excavation activity shall be returned to subsurface flow where possible or conveyed through the site by an appropriate means of conveyance that shall be nonerosive, avoids sediment transport, and dissipates energy, all to be conducted in accordance with best management practices. For high risk sites, the design professional shall ensure that the groundwater will not interfere with the implementation or function of the planned stormwater or erosion control improvements. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145973

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.108: STREAM PROTECTION BUFFERS: linklink


A. Purpose: The purpose of stream protection buffers is to ensure that prior to, during, and after construction operations, streambeds, streamside vegetation and other existing physical characteristics are protected in order to maintain water quality and to protect property and aquatic habitat.


B. Applicability: The requirements for stream protection buffers shall apply to all class 1 streams, class 2 streams, and naturally occurring drainage swales, but shall not apply to the shorelines of any recognized lake or the Coeur d'Alene River or Spokane River.


C. Dimensions:

1. Class 1 stream protection buffer: The area encompassed by a slope distance of seventy five feet (75') on each side of the ordinary high water mark.

2. Class 2 stream protection buffer: The area encompassed by a minimum slope distance of thirty feet (30') on each side of the ordinary high water mark.

3. Naturally occurring drainage swale protection buffer: The area encompassed by a minimum slope distance of five feet (5') on each side of the top of a naturally occurring drainage swale. In no case shall this protection buffer have a total width greater than thirty feet (30').

4. For parcels legally created prior to January 1, 1997, the width of any stream protection buffer may be reduced to forty percent (40%) of the dimension of the parcel which is intersected by the stream.


D. Standards:

1. Application of fertilizer to turf grass and storage of chemicals which may adversely impact water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds, are prohibited in stream protection buffers.

2. No mechanical ground disturbance shall be permitted within stream protection buffers except at identified and permitted stream or river crossings. Only the use of hand tools shall be allowed when necessary to develop or establish a permitted use or activity unless they are to be performed within an identified and permitted crossing. When disturbance is necessary across or inside a stream protection buffer, it shall be done in such a manner as to minimize stream bank vegetation and channel disturbance. The extent of any such disturbance shall be clearly indicated in a site disturbance plan.

3. When a stream protection buffer must be crossed, adequate structures to carry water flow shall be installed. Crossings and their approaches shall be at right angles to the channel or otherwise configured to minimize the disturbance within the stream protection buffer or shoreline protection buffer. Construction of hydraulic structures in river channels shall conform to the requirements of the stream channel protection act, title 42, chapter 38, Idaho Code. All temporary crossings shall be removed immediately after use.

4. Shading, wildlife cover, and water filtering effects of vegetation shall be maintained along all stream protection buffers as outlined in the IFPA and the rules pertaining to the Idaho forest practices act, IDAPA 20.02.01 (IFPA rules).

5. Large organic debris (LOD) shall be maintained along all stream protection buffers as outlined in the IFPA and the IFPA rules.

6. Site improvements or conditions which lie within a stream protection buffer may be replaced or altered in a manner which complies with the following standards:

a. No addition or alteration encroaches farther into the stream protection buffer than the preexisting improvements; and

b. Site disturbing activity within the stream protection buffer is minimized to the greatest extent possible; and

c. All other requirements of this article are met.

7. One stairway or walkway, associated stairway landings, and a tram may encroach within a stream protection buffer. Stairways and walkways shall not exceed four feet (4') in width. Stairway landings shall not exceed six feet (6') in width or length. Such structures shall not be constructed in a manner that is substantially parallel to the stream, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes.

8. Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement is permitted.

9. Installation of water intake lines, power lines, and similar linear infrastructure is permitted, provided that site disturbing activities within the stream protection buffer are minimized and remediated to the greatest extent possible.

10. Planting of native vegetation in conjunction with any remediation or modification activity permitted pursuant to this section is encouraged.


E. Development Exceptions Within A Stream Protection Buffer:

1. Mechanical ground disturbances not associated with development and not otherwise permitted in subsection D of this section may be permitted within a stream protection buffer, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work were performed by hand.

2. Development and associated mechanical ground disturbances may be permitted within a stream protection buffer for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or bank stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must make the following findings:

a. The risk to water quality will be less than or equal to the risk if the work were performed by hand;

b. The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or bank stabilization problem, or to complete the necessary maintenance, repair or replacement; and

c. Agencies with jurisdiction have been provided the opportunity to review and comment. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145974

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.109: SHORELINE MANAGEMENT AREA: linklink


A. Purpose: The shoreline management area is an area of concern for Kootenai County because certain activities within this area have the potential to impact water quality of adjacent water bodies due to their proximity. Therefore, special consideration of this area is provided herein to ensure that prior to, during, and after construction operations, water quality, aquatic habitat, and property are protected, while recognizing the rights of property owners to have appropriate use of their property and to be able to protect their property from erosion.


B. Applicability And Dimensions: A shoreline management area of twenty five feet (25') in slope distance landward of the ordinary high water mark of all recognized lakes, the Coeur d'Alene River, and the Spokane River, is hereby established. The shoreline management area shall be maintained as set forth in this section.


C. Ordinary High Water Marks:

1. For purposes of this article, ordinary high water marks shall be considered to be the following elevations according to the North American vertical datum of 1988 (NAVD88):

Lake   Elevation  
Coeur d'Alene Lake    2,128.71  
Fernan Lake   2,135.1  
Hauser Lake   2,190.9  
Hayden Lake   2,242.9  
Pend Oreille Lake   2,066.5  
Spirit Lake   2,446.0  
Twin Lakes   2,315.8  

Note:
1. Equivalent to 2,128.0 per Avista (WWP) datum.

2. The ordinary high water marks for all other water bodies shall be determined by on site inspection of evidence of historical water levels.


D. Prohibited Activities:

1. Application of fertilizer to turf grass and storage of chemicals which may adversely affect water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds.

2. Mechanical ground disturbances, except as permitted in this section.


E. Permitted Activities: The following improvements and activities, including associated mechanical ground disturbances, are permitted within the shoreline management area:

1. Construction of stairways, walkways, stairway landings, and trams.

a. Except as permitted in subsection E1b of this section, one stairway or walkway, associated stairway landings, and a tram shall be allowed to encroach within a parcel's shoreline management area. One additional stairway or walkway, associated stairway landings, and a tram shall be permitted whenever a parcel exceeds two hundred fifty feet (250') of shoreline frontage as determined by the Kootenai County assessor or an Idaho licensed surveyor. One more additional stairway or walkway, associated stairway landings, and a tram shall be permitted for each two hundred fifty feet (250') of shoreline frontage thereafter.

b. Stairways, walkways, stairway landings and trams associated with a commercial marina or community dock, as those terms are defined in the rules for the regulation of beds, waters, and airspace over navigable lakes in the state of Idaho, IDAPA 20.03.04, or other commercial use permitted through the Idaho department of lands, shall be permitted to enable access to dock facilities as approved by IDL.

c. Stairways and walkways within the shoreline management area shall not exceed four feet (4') in width. Stairway landings within the shoreline management area shall not exceed six feet (6') in width or length. Stairways, walkways and stairway landings within the shoreline management area which are associated with a commercial marina, community dock, or other IDL permitted commercial use may exceed these dimensions only to the extent necessary to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.

d. Such structures shall not be constructed in a manner that is substantially parallel to the shoreline, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes or to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.

2. The repair, replacement, alteration, and relocation of existing site improvements, including, without limitation, landscaping, retaining walls, and shoreline protection revetments. If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.

3. Installation of water intake lines, pump houses, power lines, and similar linear infrastructure.

4. Removal of structures or debris created or deposited by wildfire, flooding, or other acts of nature.

5. Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement.

6. The use of mechanical and other equipment for removal of dead or dying trees, shoreline debris, and other similar activities related to routine maintenance.

7. Seating, picnic and barbecue areas, and recreational equipment which do not cause more than a de minimis disturbance of the shoreline management area.

8. Shoreline erosion control measures, including, without limitation, the following:

a. Willow wall construction;

b. Willow walls with a brush layer base;

c. Live cribwall construction;

d. Cordon construction;

e. Live fascine construction;

f. Cedar bender board fencing;

g. The use of coir fiber rolls (a natural fiber extracted from the husk of coconut) and native or noninvasive plant materials; or

h. The use of six (6) to twelve inch (12") cobble and angular stone along with overhanging native or noninvasive plant materials to keep the sun from heating rocks and water.

If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.

9. Routine pruning, trimming, and other well recognized horticultural and silvicultural practices.

10. The trimming of shrubs and removal of branches from trees for the purpose of creating a view corridor. Such activities may occur no lower than three feet (3') above ground level for shrubs, and no higher than one-third (1/3) of the height of each individual tree then existing within the parcel's shoreline management area. Such activities may encompass no more than one-third (1/3) of the linear footage of a parcel's shoreline management area.

11. Pervious pavers, wood or composite decking, and similar types of construction which do not concentrate runoff.

12. Planting of native vegetation in conjunction with any remediation or vegetation modification activity permitted pursuant to this section is encouraged.


F. Development Exceptions Within The Shoreline Management Area:

1. Mechanical ground disturbances not associated with development and not otherwise permitted in subsection E of this section may be permitted within the shoreline management area, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work was performed by hand.

2. Development and associated mechanical ground disturbances may be permitted within the shoreline management area for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or shoreline stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must make the following findings:

a. The risk to water quality will be less than or equal to the risk if the work was performed by hand; and

b. The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or shoreline stabilization problem, or to complete the necessary maintenance, repair or replacement; and

c. Agencies with jurisdiction have been provided the opportunity to review and comment. (Ord. 493, 6-9-2016)

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The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.110: HAZARDS: linklink

Whenever the director determines that an existing excavation, embankment, fill, or roadway on private property has become a hazard to life and limb; endangers other property, adversely affects the safety, use, or stability of a public or private access, drainage channel, or adjacent or contiguous properties, the director may require the property owner to eliminate the hazard. The director shall give notice in writing to the owner or other person or agent in control of the property. Within the period specified in the notice, the owner or their agent shall have the hazard corrected. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145976

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.111: INSPECTION: linklink


A. General: All activities subject to the permitting requirements of this article shall be subject to inspection by the department. An approved set of plans must be available for review on site whenever work is in progress. It shall be the permittee's responsibility to keep the department notified of the progress of the project and call for all required inspections.


B. High Risk Sites:

1. At a minimum, two (2) inspections shall be required for high risk sites:

a. After erosion and sedimentation controls have been installed, prior to ground disturbance; and

b. After the project has been completed, including revegetation.

2. For sites which are active during the winter, two (2) additional inspections shall be required:

a. After the site has been prepared for the winter (typically in September or October); and

b. Sometime in January or February to ensure that the erosion and sedimentation control measures are adequate and maintained.

3. The permittee's design professional shall perform the inspections and submit inspection reports to the director.


C. Moderate Risk Sites: For moderate risk sites, the director shall determine what inspections are necessary. The director, or their designee, shall conduct the inspections for moderate risk sites.


D. Other Sites Where Risk Has Not Been Determined: For sites where notification is required or other situations where the site risk has not been evaluated, the director shall determine what inspections are necessary, if any. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145977

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.112: MAINTENANCE: linklink

Maintenance requirements and responsibility shall be clearly identified for all projects where BMPs are employed, including BMPs for erosion and sedimentation control and stormwater management. When a stormwater system is designed to service more than one parcel, a maintenance agreement between all parties which benefit from the system must be established, including assurance of adequate funding. Easements across private property for maintenance access to community stormwater systems shall also be required where necessary. All maintenance agreements must be approved by the director.

In the event that appropriate maintenance of any stormwater system is not conducted, the county shall have the option of requiring the property owner or association to provide for maintenance, or take other enforcement measures as outlined in chapter 8, article 8.6 of this title. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145978

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.113: PROHIBITED CONDUCT: linklink

The following actions shall be violations of this article:


A. Where a permit is required, failure to obtain a permit prior to the start of grading activity;


B. Failure to call for inspections as required by this article;


C. Once grading activity has begun, failure to complete the grading activity and install the necessary erosion and sedimentation control, stormwater management, and slope stabilization measures, in a timely manner;


D. Failure to maintain temporary and permanent erosion and sedimentation control measures, the stormwater management system, or slope stabilization measures;


E. Conduct work on a site which exceeds the scope of work outlined in the approved plans;


F. Damage or otherwise impede the function of a stormwater system;


G. Export sediment from a site in a manner not authorized by this article;


H. Continue work at a site after a stop work order has been placed;


I. Discharge stormwater in a manner not authorized by this article;


J. Failure to correct a hazard as outlined in section 8.7.110 of this article; and


K. Engaging in construction activities within a stream protection buffer or shoreline management area other than those permitted in section 8.7.108 or 8.7.109 of this article. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145979

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.114: ADMINISTRATION: linklink


A. General: The director shall administer the provisions of this article in a manner consistent with other provisions of this code. The board of county commissioners may, by resolution, adopt design standards, plan criteria, best management practices, administrative procedures, fee schedules, etc., intended to implement the requirements and standards set forth in this article. Changes in the supporting documents may be accomplished by subsequently adopted resolution.


B. Outside Review Assistance: The director may request a second opinion from a design professional regarding any permitted or proposed work under this article at any time. The cost of such a second opinion shall be borne by the county.


C. Duration Of Permit: Permits shall expire if the work authorized by the permit is not started within one hundred eighty (180) days of issuance of the permit, or if work is suspended or abandoned at any time after the work has started for a period of one hundred eighty (180) days. The director may grant onetime extension for an additional one hundred eighty (180) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work authorized by the permit. The director may set specific time limits to the permit for project initiation and completion for environmental reasons or for coordination with other permitted site work.


D. Financial Guarantees:

1. The owner of any parcel where work will be performed pursuant to an approved site disturbance plan shall provide a financial guarantee to ensure that erosion, sediment control, and stormwater management improvements will be completed, as set forth in this subsection.

a. The owner shall provide a financial guarantee to the department before a site disturbance permit may be issued for development of subdivision infrastructure, commercial and industrial development, or development within a high risk site.

b. For all other work to be completed in accordance with an approved site disturbance plan, the director may require the owner to provide a financial guarantee for any work not completed at the time of final inspection.

2. The design professional shall provide an estimate of the cost to implement the improvements to be covered by the financial guarantee based on then current local construction costs. The amount of the financial guarantee shall be as determined by the director, but shall not exceed one hundred fifty percent (150%) of the estimated cost.

3. Before a financial guarantee can be released, the design professional must submit a letter to the department approving the construction and certifying its completion.

4. If the required improvements have not been completed by the specified date, the department may contract to have the work completed with the money from the appropriate financial guarantee. The department may also take additional enforcement measures as provided by law. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145980

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.7.115: RISK ASSESSMENTS: linklink


A. Erosion Risk Assessment: Erosion risk shall be determined as follows:

1. Slope: Slope, measured in percent, as an average across the area to be disturbed.

Gradient   Point Value  
≤10%   1  
>10% and ≤25%   5  
>25%   10  

2. Soil K Factor: Soil K factor, for water erosion susceptibility, as indicated in the "Soil Survey Of Kootenai County Area, Idaho", or other supplementary study. The highest K factor within the proposed disturbed soil profile will be used. Soil type from the soil survey will be verified on site by physical description.

K Factor   Point Value  
≤0.2   1  
>0.2 and ≤0.4   3  
>0.4   5  

3. Proximity To Surface Water: Proximity to surface water or any feature which conveys water to surface water. Surface water includes all lakes, rivers, streams, wetlands, and similar features. Conveyance features may include natural or manmade ditches. Ponds, springs, or similar features that are contained within the property shall not be considered surface water features. Distance is measured along the slope from the closest boundary of the proposed disturbance to the conveyance or surface water feature.

Distance   Point Value  
>500'   1  
>200' and ≤500'   5  
≤200'   10  

4. Disturbed Area: Amount of disturbed area, expressed as a percentage of the parcel area. Areas to be disturbed during installation of utilities must be included.

Disturbed Portion   Point Value  
≤33%   1  
>33% and ≤66%   5  
>66%   10  

5. Buffer Strip: If the project has a usable buffer strip which provides the appropriate level of treatment for the type of project proposed, subtract ten (10) points.

6. Risk Category: The points for each factor shall be added and the risk category shall be determined from the point total as follows:

Point Total   Risk Category  
0 - 9   Low risk  
10 - 20   Moderate or high risk1  
>20   High risk  

Note:
1. The director will make this determination based on experience in the area.


B. Stormwater Risk Assessment: Stormwater risk shall be determined as follows:

1. Slope: Slope, measured in percent, as an average across the area to be disturbed.

Gradient   Point Value  
≤5%   0  
>5% and ≤10%   3  
>10% and ≤15%   6  
>15% and ≤25%   10  
>25%   15  

2. Soil Permeability: Soil permeability, measured in inches per hour as indicated in the "Soil Survey Of Kootenai County Area, Idaho", or other supplementary study. The lowest permeability in the soil horizon shall be used. Soil type from the soil survey will be verified on site by physical description.

Permeability   Point Value  
≥0.5   0  
<0.5   5  

3. Proximity To Surface Water: Proximity to surface water or any feature which conveys water to surface water. Surface water includes all lakes, rivers, streams, wetlands, and similar features. Conveyance features may include natural or manmade ditches. Ponds, springs, or similar features that are contained within the property shall not be considered surface water features. Distance is measured along the slope from the closest boundary of the proposed disturbance to the conveyance or surface water feature.

Distance   Point Value  
>500'   0  
>200' and ≤500'   5  
≤200'   10  

4. Impervious Surfaces: Impervious area ratio, expressed as a percentage of the parcel area covered with impervious surfaces.

Coverage   Point Value  
<20%   0  
≥20% and <40%   5  
≥40%   10  

5. Total Impervious Area: Total impervious area, expressed in square feet.

Coverage   Point Value  
≥20,000 sq. ft.   5  
<20,000 sq. ft.   0  

6. Drainage Crossing: Drainage crossing proposed. If the project requires crossing a conveyance channel or drainage, add five (5) points.

7. Buffer Strip: If the project has a usable buffer strip which provides the appropriate level of treatment for the type of project proposed, subtract ten (10) points.

8. Risk Category: The points for each factor shall be added and the risk category shall be determined from the point total as follows:

Point Total   Risk Category  
0 - 14   Low to moderate risk  
≥15   High risk  

(Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98432#s1145981