A. Applicability: The provisions of this chapter shall be applicable to:
1. All new subdivisions and new phases of existing subdivisions.
2. All new construction, reconstruction, additions, or modifications, except as provided elsewhere in this chapter.
3. All public projects, including road construction undertaken by any other political subdivision of the State of Idaho or public agency over which the City of Kootenai asserts jurisdiction.
4. Grading, paving, excavation, fill, or similar land- disturbing or earthwork activities, except as provided elsewhere in this chapter.
5. Any modifications to existing stormwater/erosion control systems.
6. Land disturbing activities which are a part of, accessory to, or preparatory to any of the activities listed in subsections A1 through A5 of this section.
B. Exceptions: The provisions of this chapter shall not be applicable to:
1. Road or highway construction within the jurisdiction of any public highway agency other than the City of Kootenai, and over which the City of Kootenai may not assert use or control pursuant to provisions of title 40, Idaho Code.
2. 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.
3. Agricultural activities specifically exempt from the Local Land Use Planning Act at Idaho Code section 67-6529.
4. Traditional residential uses such as landscaping, gardening, snow removal, tree planting, and routine driveway or road maintenance.
5. Any logging activity that proceeds in accord with the Idaho Forest Practices Act.
C. Administrative Exceptions: The City Engineer, or the Administrator in consultation with the City Engineer, may issue administrative exceptions in whole or in part to this chapter, when in their sound professional judgment, the exception is minor, and the resulting development will meet the purposes of section 7-2-1 of this chapter. The administrative exceptions from the provisions of this chapter may include:
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. (Ord. 214, 5-2-2017)