A. Purpose: Standards relating to protection of the area's water resources are designed to help resolve conflicts between development and conservation of significant city wetlands, streams, and riparian corridors. The intent of this section is to allow reasonable economic use of property while establishing clear and objective standards to:
1. Protect significant wetlands and streams;
2. Manage development in designated riparian corridors;
3. Maintain and enhance water quality;
4. Preserve native plant cover;
5. Encourage stream bank protection from erosion;
6. Maintain and enhance fish and wildlife habitats; and
7. Conserve scenic, recreational, and educational values of water resource areas identified in this chapter.
B. General Provisions: All applications for development that may impact designated water resources shall be subject to review by the site plan review committee. A permit shall be required for all structures and all development, including grading, excavation, fill, and other activities; except that no city permit shall be required for allowed vegetation management (state or federal permits may still be required). The appropriate permit shall be obtained before construction or development begins in an area or on a parcel affecting delineated water resources within the RPO. An application shall not be deemed complete until the applicant has addressed all applicable development standards. For construction or development in significant riparian corridors, the permit application shall include an erosion control plan that identifies the specific measures to be implemented before, during, and after construction to protect the riparian area and adjacent upland areas from erosion, siltation, and the effects of deleterious construction materials.
C. Applicability: The provisions of this section shall apply to all development that may physically alter lands identified as protected water resources, including open water, significant wetlands, and riparian corridors, as designated on the official city of Pocatello zoning map, comprehensive plan natural features overlay map, national wetland inventory (NWI) maps, and/or other maps as referenced and incorporated or as amended. Riparian corridors within the city include, but are not limited to, the Portneuf River and its tributaries.
D. Setback Requirements:
1. Significant Wetlands: A minimum fifty foot (50') setback shall be maintained from the edge of all wetlands identified on either city of Pocatello zoning or comprehensive plan maps and/or NWI maps. Site specific delineations may be necessary to determine the exact location of the boundary of the significant wetland. Qualified individuals using a method acceptable to the U.S. army corps of engineers (COE) shall perform site specific delineations. Where a wetland delineation is prepared, the mapping it contains shall replace that of the NWI for the purposes of this section.
2. Significant Riparian Corridors: A minimum fifty foot (50') setback shall be maintained from the edge of all riparian corridors identified on city of Pocatello zoning or comprehensive plan maps, except for channelized portions of the Portneuf River (see subsection 17.04.160E of this chapter). A significant riparian corridor shall consist of the water area and banks of the riparian area. Where a significant riparian corridor includes all or portions of a significant wetland, the width shall be measured from the farthermost edge of the wetland and/or riparian area.
E. Restricted Uses And Activities: The following uses and activities shall be restricted in significant wetlands, significant aquifer areas, associated buffers and significant riparian corridors, and shall not be undertaken without the appropriate review and approval per city, state, and/or federal regulations.
1. Excavation solely for the purpose of removal of gravel, aggregate, sand, minerals, or other inorganic or organic materials shall not be permitted;
2. Removal of native plant species without approved replacement or mitigation;
3. Placement of new structures or impervious surfaces not associated with permitted development;
4. Grading and placement of fill not associated with permitted development;
5. Application or use of pesticides, herbicides, soil amendments, or fertilizers;
6. The placement of garbage, lawn or yard debris, or other unauthorized materials; and
7. Storage of materials detrimental to water quality including, but not limited to, caustic substances, acidic substances, petroleum products, herbicides, pesticides, etc., in quantities greater than fifty (50) gallons, unless a containment plan has been submitted to and approved by the designated city official.
F. Development Standards:
1. General: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities potentially affecting designated water resources. If a conflict occurs between these standards and the underlying zoning district or other terms of this chapter or this code, the more restrictive standards shall apply. Development may also be subject to specific standards in subsequent sections of this chapter.
2. Standards:
a. Within fifty feet (50') of any protected water resource, excavation and vegetation removal shall be prohibited on slopes of twenty five percent (25%) or greater, except where necessary to construct public facilities or to improve slope stability;
b. Cuts and/or fills, when permitted, shall be subject to the following standards:
(1) All fill material shall be clean and free of contaminants, such as any inorganic matter (concrete slabs, rebar, etc.) and significant organic matter (tree limbs, refuse, waste debris, etc.);
(2) Cuts and/or fills shall be designed in a manner that does not increase the potential for flooding on adjacent or nearby flood prone lands, and avoids restricting the flow of water to or through other land and protected resources; and
(3) Cut and/or fill slopes shall be revegetated within the immediate growing season with native plant species or approved alternatives according to a city approved revegetation plan to stabilize the slopes.
G. Vegetation Management Standards: Planting of new vegetation within a significant wetland, associated buffers, or riparian corridor shall be permitted in accordance with current city standards or as approved by city staff for the following:
1. The planting is part of an approved restoration, enhancement, mitigation, or erosion control plan; or
2. The planting is part of a landscape plan using appropriate native species or approved alternatives, and the plan is approved by the city in conjunction with approval of a building permit; or
3. The planting is part of an approved plan to replace dead or damaged plants that were either part of a maintained landscape or part of the existing native plant community. (Ord. 2846 § 1, 2008)