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501.3.1.2 (5.3.1.2) Prohibited Development Activity. There shall be no site disturbance or development of the following:
a. Land located within specific flood hazard areas as regulated in accordance with the Flood Hazard Regulations and Waterways Overlay Districts of the City Development Code.
Exceptions:
1. Development of low-impact trails shall be allowed anywhere within a flood zone.
2. Development of building structures shall be allowed in alluvial "AO" designated flood zones, provided that such structures include engineered flood-proofing up to an elevation that is at least as high as the minimum lowest floor elevation determined by the authority having jurisdiction (AHJ) and provided that the site includes drainage paths constructed to guide floodwaters around and away from the structures.
3. Where new buildings, structures, substantial improvements, or site development are allowed to be constructed within flood hazard areas, they shall comply with flood hazard provisions of the International Building Code and/or International Residential Code as applicable and adopted, and regulated in accordance with the Flood Hazard Regulations of the City Development Code.
b. Land within 150 ft. of any fish and wildlife habitat conservation area or as applicable to other conservation areas specified in the City Development Code.
Exceptions:
1. Development of low-impact trails shall be allowed, provided that such trails are located at least 15 ft. from the fish and wildlife habitat conservation area.
2. Site disturbance or development shall be allowed for habitat enhancement measures.
3. Where buildings, structures, substantial improvements, or site development are allowed to be constructed near or within conservation areas, they shall comply with the Flood Hazard Regulations, Waterways Overlay Districts, Hillside and Foothills Developments Standards and Tree Protection Zones of the City Development Code, as applicable.
c. Land within 100 ft. of any wetland.
Exceptions:
1. Development of low-impact trails shall be allowed, provided that such trails are located at least 15 ft. from the wetland.
2. Site disturbance or development shall be allowed for habitat enhancement measures or for restoration of the functions of the wetland.
3. Where buildings, structures, substantial improvements, or site development are allowed to be constructed near or within wetlands, they shall comply with the Waterways Overlay Districts of the City Development Code and in accordance with the requirements of the United States Army Corps of Engineers.
(Ord. 9-23, 3-7-2023)
Repeal section 501.3.2 (5.3.2), Predesign Site Inventory and Assessment, and replace with the following:
501.3.2 (5.3.2) Stormwater Pollution Prevention Plan and Predesign Site Inventory and Assessment. Regardless of the size of the site, a written Stormwater Pollution Prevention Plan (SWPPP) that meets the minimum requirements as prescribed in the most current version of the IDEQ, IPDES Construction General Permit (CGP) for Discharge Activities, and a Predesign Site Inventory and Assessment shall be submitted and approved prior to construction. The implementation of an approved SWPPP shall be in compliance with the rules, regulations and standards prescribed in the Construction Site Erosion Control Ordinance of Boise
City Code during all phases of construction. In addition to the CGP requirements, the plan must also include the following as appendices to the SWPPP as applicable:
a. Location of any prohibited development areas identified in Section 501.3.1.2 (5.3.1.2) that are located on or adjacent to the building project site.
b. Identification of and removal plan of invasive plant species on the site.
c. Identification of native plant species on the site, and percentage of existing native or adapted plants protected on the site.
d. Identification and management of site features designated for preservation (i.e., vegetation, trees, soil, waterways, unique features).
(Ord. 9-23, 3-7-2023)
Repeal section 501.3.3.2 (5.3.3.2), Greenfield Sites, and replace with the following:
501.3.3.2 (5.3.3.2) Greenfield Sites. A minimum of 15% of the site shall be retained with existing native plants and/or adapted plants, or be redeveloped as vegetated area, or have a combination of both. Such vegetated areas can include bioretention facilities, rain gardens, filter strips, grass swales, vegetated level spreaders, constructed wetlands, planters, and open space with plantings.
A minimum of 60% of the vegetated area shall consist of biodiverse planting of native plants, adaptive plants, and/or low water use vegetation, other than turfgrass.
Exception: The following areas shall not be included in the 60% calculations: dedicated sports/athletic fields, recreational fields, parks, golf courses, driving ranges, areas dedicated for production of food for human consumption, burial grounds, vegetated pavers, minimum fire lanes required by the jurisdiction, and similar at the discretion of the code official.
(Ord. 9-23, 3-7-2023)
Repeal section 501.3.4 (5.3.4), Stormwater Management, and replace with the following:
501.3.4 (5.3.4) Stormwater Management. Stormwater management systems shall comply with Title 10, Public Utilities, Chapter 6, Stormwater Management and Discharge Control, of City Code.
(Ord. 9-23, 3-7-2023)
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