EN-OI: no land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than 10%, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the community. In addition, the following standards must be met.
(A) Surface water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. Existing natural surface drainage should be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water drainage system which shall be integrated into the drainage pattern of surrounding properties. Swales are required to be placed in an easement to prohibit future filling or constructing. On-site detention for a 100 year storm event shall be required unless written statement by County Surveyor that it is not necessary to prevent harm to adjoining properties. All drainage plans shall be reviewed and approved by the Building Commissioner or the County Surveyor.
(B) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the Building Commissioner, County Highway Department, the County Drainage Board or state’s Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.
(C) Permanent structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within 75 feet of the centerline of any regulated tile ditch, or within 75 feet of the existing top edge of any regulated open ditch or tile, or platted regulated subdivision easement unless approved by the Building Commissioner, County Drainage Board and County Surveyor.
(D) Preservation of natural/historic features. Existing natural and historic features which would add value to development of natural or human-made assets of the county such as trees, streams, vistas, lakes, historical landmarks and similar irreplaceable assets, when possible shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff and conserve the natural cover and soil.
(E) Landscaping. Any part or portion of a non-farm parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or site plan and shall be in keeping with natural surroundings.
(F) Cut/fill grade. No cut or fill grade shall exceed a slope of 3:1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.
(G) Erosion prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within 30 days after the removal or destruction of said natural cover to prevent erosion.
(H) Alterations to shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the state’s Department of Natural Resources and Army Corp of Engineers, and the provisions of this chapter are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed and ditch excavation within one-half mile of a water body.
(I) Retention, detention and pond edges. All retention, detention and pond edges must be maintained with a buffer of natural plantings within 20 feet of the peak elevation. The use of “rip-rap” or any other engineered hard edges are not permitted, except around inlets arid outlets. However, the use of rip-rap or any other engineered hard edges shall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility or pond.
(J) Code compliance/hazardous waste. All development must be in compliance with I.C. Title 13, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires and other applicable chapters of said title.
(K) Code compliance/environmental quality. All development must be in compliance with I.C. Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management and other applicable chapters of said title.
(L) Waste disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters shall be deposited, located, stored or discharged on any lot in a way that would be likely to runoff, seep or wash into surface or ground water.
(M) Fuel storage. No highly flammable or explosive liquids, solids or gasses specified by the state’s Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devises or heating appliances located and operated on the same lot as the tanks or drums of fuel.
(N) Debris/refuse. Debris, refuse, trash, construction material, garbage, litter, unfinished buildings and rotting wood shall not accumulate on any property, in any zoning district.
(O) Treatment of fill. Material used for fill where permitted by this chapter and/or by the IDEM, IDNR or other governmental agency shall be promptly covered and seeded.
(P) View requirements. Where a proposed structure will eliminate more than 50% of an adjacent structure’s view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the 50% view or exposure may be maintained.
(Q) Improvement location permit requirements. The following activities are permitted with no improvement location permit required; provided, all other applicable standards are met.
(1) Normal plowing and preparing the land for farming, gardens and yards.
(2) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation.
(3) Earth movements related to farming and other agricultural activity.
(4) Drain tile laying and ditch cleaning.
(R) Projects affecting regulated drains. Regulated drains are under the jurisdiction of the County Drainage Board. The County Drainage Board or County Surveyor shall review and approve all development or projects directly affecting a regulated open ditch or tile per I.C. 36-9-27-13 of the state’s Drainage Code.
(Ord. 2002-05, passed 12-30-2002, § 7.10)