A. Purpose: The purpose of the sensitive lands standards is to:
1. Implement the natural resources goals and policies of the comprehensive plan as they relate to those properties so designated.
2. Protect, maintain, and enhance wildlife habitat, significant natural and archaeological features, and other sensitive lands within the city.
3. Protect, restore, and enhance hydrologic, ecologic, and open space functions of sensitive lands for the benefit of the community.
4. Protect, restore, and enhance the natural beauty and distinctive character of sensitive lands as community assets.
5. Enhance the value of properties near sensitive lands by utilizing these areas as a natural amenity.
B. Applicability: The provisions of this section shall be applied to any property or parcels containing sensitive lands as identified herein and/or as depicted on the comprehensive plan natural features overlay map. These provisions shall apply regardless of whether or not a building permit, development permit, land division, or other authorization is required. These provisions do not provide any exemption from any state or federal regulations that may apply. The city of Pocatello has designated the following as sensitive lands:
1. Wildlife habitat protection areas:
a. Mule deer winter range; and
b. Migration corridors.
2. Significant natural and archaeological features, including:
a. Mapped basalt cliffs;
b. Edson Fichter nature conservation area;
c. Areas containing petroglyphs or other prehistoric or archaeological resources;
d. Idaho State University's Red Hill;
e. City Creek conservation area; and
f. Other areas worthy of conservation because of their intrinsic natural or cultural characteristics, ecological functions, scenic qualities or distinctive character which have been designated as sensitive lands by the city through the comprehensive plan amendment process described in section 17.02.120 of this title.
C. Uses And Activity Restrictions:
1. Permitted Uses: Permitted and conditionally permitted uses shall be as governed by the underlying zoning district, except as modified herein. Further, the following activities and maintenance thereof are permitted outright within areas designated as sensitive lands, provided applicable permits are obtained after review by the appropriate city personnel.
a. Habitat restoration and rehabilitation activities.
b. Restoration and enhancement of native vegetation.
c. Wetland restoration and rehabilitation activities.
d. Renovation or alterations to existing structures that do not involve removal of vegetation, grading, excavation, or deposition of fill.
e. Maintenance and repair of existing roadways provided the project does not extend outside previously disturbed areas.
f. Tree removal upon approval by the city urban forester. In all cases where tree removal is necessary, replacement trees of minimum one and one-half inch (1.5") caliper shall be provided at the rate of one replacement tree for every four inches (4") of caliper of the total trees removed. Replacement trees shall be native or adapted species or as approved by the city's urban forester or designee.
2. Exceptions: No permit shall be required for the following activities within areas designated as sensitive lands:
a. Farm practices, other than initial construction or addition to existing structures, in existence at the date of adoption of these provisions.
b. Nonmotorized recreational uses and activities, such as hiking, climbing, bicycling, horseback riding, etc.
c. Emergency actions that must be undertaken immediately to protect public health, safety or to protect public or private property.
d. Uses or activities for which approval or a valid permit was obtained prior to the adoption of this chapter.
3. Prohibited Uses: The following uses and activities shall be prohibited within areas designated as sensitive lands:
a. Excavation solely for the purpose of removal of gravel, aggregate, sand, minerals, or other inorganic or organic materials;
b. Removal of native plant species without approved replacement or mitigation;
c. Discarding garbage, lawn or yard debris, animal carcasses, or other materials;
d. Any use that would result in removal or destruction of historic or prehistoric features, including petroglyphs; and
e. Any other use prohibited by this title or other requirements of this code.
D. Development Proposal Submittals: Applicants with properties within designated sensitive lands areas must include the following additional information in their submittal:
1. A description of how the proposal is designed to respond to site constraints identified in the information provided above and in the site analysis and any proposed mitigation.
2. A preliminary grading plan including a line showing limits of areas to be disturbed and the total number of acres to be disturbed.
3. Erosion and sediment control plan.
4. Vegetation protection plan, including a revegetation plan based on existing vegetation, and a slope stabilization plan, with a proposed time line for completion.
5. Finished grade of all proposed streets and roadways.
6. Location of significant natural and archaeological features described in subsection B2 of this section, and those areas designated on the Pocatello comprehensive plan natural features overlay map.
7. Location of mule deer winter range and migration corridors as shown on the natural features overlay map of the comprehensive plan or as designated by the Idaho department of fish and game.
8. Location of land where slope exceeds twenty five percent (25%) and land where slope exceeds forty five percent (45%).
9. South and west facing slopes.
10. Location of concentrated areas of native big game plant food species as defined by the Idaho department of fish and game.
E. Development Standards: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities affecting designated sensitive lands areas. 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. The standards are intended to encourage development that is compatible with sensitive lands. Approval shall only be granted when the applicant satisfactorily demonstrates that the development proposal meets the following standards:
1. Site Plan And Building Design:
a. Grading plans shall address how the proposal preserves the natural topography and existing vegetation.
b. Development shall not be located immediately on identified significant natural features.
c. Site plans shall address how the proposal protects wildlife habitat by concentrating development, where possible, outside of the designated wildlife habitat protection overlay area or migration corridors identified by the Idaho fish and game department.
d. Site plans shall address how the proposal preserves the hillsides by concentrating development away from hillside areas where possible.
e. Fencing, where utilized, shall be wildlife friendly and as recommended by the Idaho fish and game department.
f. Feeding of big game shall be prohibited.
g. All garbage and pet food shall be secured.
h. Pets shall be restrained or confined pursuant to the provisions of title 6, chapter 6.04 of this code.
i. Open burning and fireworks of any kind are prohibited.
j. If located within a wildland-urban interface area, use of firewise building materials and landscaping principles shall be required per city fire department regulations.
k. Nonresidential landscaping shall include native species of the sagebrush steppe plant community, and nonvegetative ground cover shall not exceed fifty percent (50%) of the total landscape areas. Exceptions must be city approved, drought tolerant, and adapted to site conditions.
2. Transportation Facilities Standards: The following standards shall apply to transportation facilities and structures affecting designated sensitive lands, including roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths:
a. Transportation facilities and structures shall not bisect principal wildlife migration routes unless otherwise approved by the city.
b. Dimensional standards for sidewalks, parking, and streets and access roads crossing sensitive lands shall be no wider than minimum legal requirements according to this code to serve their intended purposes in order to minimize site disturbance.
c. "T" type or other turning and backing cul-de-sacs may be substituted for circular turnarounds, if approved by the city's development engineering services and fire departments.
3. Utility Development Standards: The following standards shall apply to utility facilities and structures affecting designated sensitive lands:
a. Utility maintenance roads in or crossing sensitive lands shall not be wider than is necessary to provide adequate service and access to the subject utilities as determined by the utility provider and approved by city development engineering services staff; and
b. For underground utilities, the following additional standards shall apply:
(1) Topsoil and sod shall be stockpiled during trench construction or maintenance, and shall be replaced on top of the trench after construction is complete;
(2) Common trenches, to the extent allowed by the building code, shall be used in order to minimize disturbance of sensitive lands;
(3) Materials removed or excavated during trenching, boring, or drilling shall be deposited away from the sensitive lands, unless they are to be returned to the trench as backfill or incorporated into the project. Excessive materials shall be immediately removed from sensitive lands unless approved for reuse within the project according to approved plans; and
(4) The ground elevation of sensitive lands shall not be altered as a result of utility trench construction outside of right of way. The finished elevation shall match adjacent lands.
4. Density Limitations: Any portion of a project site that lies within designated wildlife winter range or migration corridors shall be limited to one-half (1/2) the density that the underlying zoning designation would allow, except as described in subsections E5, E6, and E7 of this section or as is otherwise determined by annexation agreement.
5. Density Transfer: The density remaining after the deduction is taken for lands in the wildlife habitat protection overlay area may be clustered on a portion of the site if the project retains open space that is accepted by and dedicated to a public agency, or in certain circumstances a homeowners' association, for the wildlife winter range or migration corridors.
6. Density Bonuses: If a project retains open space in the manner and for the purposes described in subsection E5 of this section, a density bonus of five percent (5%) shall be awarded for every ten percent (10%) of the property which is dedicated for the purposes described in subsection 17.05.140B5 of this title (i.e., if maximum density is 100 dwelling units, applicant may build 105 units if 10 percent of the property is dedicated to an entity as described in subsection E5 of this section; applicant may build 110 dwelling units if 20 percent of the property is dedicated).
7. Clustering: Minimum lot sizes may be waived by up to fifty percent (50%) and building sites may be clustered if thirty percent (30%) or more of the site is maintained as open space in the manner and for the purposes described in subsection E6 of this section. If the development contains individual lots, all required setbacks must be maintained. (Ord. 3075, 2021: Ord. 2896, 2011: Ord. 2846 § 1, 2008)