A. Applicability: The provisions of this chapter shall be applicable to:
1. All new subdivisions and new phases of existing subdivisions.
2. All development, construction, reconstruction, additions, or modifications, except as provided elsewhere in this chapter.
3. Public road construction undertaken by any political subdivision of the State of Idaho or public agency over which the City of Dover asserts jurisdiction.
4. Grading, paving, excavation, fill, stockpiling of soils or overburden, or similar land-disturbing or earthwork activities, except as provided elsewhere in this chapter.
5. Any modifications to existing stormwater/erosion control systems.
6. 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;
7. Construction or development which occurs on or within three hundred feet (300') of land with a slope of eight percent (8%) 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;
8. Construction or development which occurs adjacent to a new or existing road with a slope of eight percent (8%) or greater;
9. Land disturbing activities that are a part of, accessory to, or preparatory to any of the activities listed in subsections 1 through 8 of this section.
B. Exceptions: The provisions of this chapter shall not be applicable to:
1. Stream channel alterations that proceed under the terms of a permit issued by the Idaho Department of Water Resources pursuant to title 42, chapter 38, Idaho Code. Upland disturbances not covered by the state permit are subject to this chapter.
2. Agricultural activities such as plowing, mowing, harvesting, or other activities that allow the landowner full and complete use of agricultural land for production of any agricultural product.
3. Traditional residential uses such as landscaping, gardening, snow removal, tree planting, routine driveway or road maintenance, and driveway or road maintenance on private property that does not drain to waters of the United States, its tributaries, adjacent parcels or the public right-of way. Any item listed in this exception that may violate the Clean Water Act or require an EPA NPDES permit are not exempt. Other residential uses in this section may require a permit and IDEQ BMP mitigation.
4. Any logging activity that proceeds in accord with the Idaho Forest Practices Act and does not violate the Clean Water Act or require an EPA National Pollutant Discharge Elimination System (NPDES) permit.
C. Administrative Exceptions: The city engineer, or the administrator in consultation with the city engineer, may grant administrative exceptions or variations to the requirements of this chapter for the following:
1. Minor variations to the standards set forth herein to accommodate unique topographical, vegetative, geological, or hydrological conditions.
2. Exceptions for minor additions, remodeling, or restoration of an existing structure.
3. Joint stormwater management. Exceptions for joint management of stormwater adjoining property owners may be allowed if a joint management agreement approved by the city engineer is presented as a part of the stormwater management plan. The approved joint stormwater management agreement shall be recorded with Bonner County.
4. Minor subdivisions, as defined by title 11 of this Code, that will not result in the creation of new roads, pathways, sidewalks or similar infrastructure impervious surfaces. (Ord. 170, 11-12-2020)