Section
General Provisions
151.01 Authority
151.02 Purpose
151.03 Definitions
151.04 Abbreviations
151.05 Applicability
151.06 Basis for establishment of standards
151.07 Administration
151.08 Duties of Development Services Department
151.09 Remedies
151.10 Abrogation and greater restrictions
151.11 Interpretation
151.12 Severability
151.13 Disclaimer of liability
Stormwater Management Approval Process
151.20 Submittal requirements and procedures
151.21 Standards for stormwater quantity management
151.22 Standards for stormwater pollution prevention plans for land disturbances
151.23 Stormwater quality management for post-construction
151.24 Reserved
151.25 Storage of pollutants
151.26 Required assurances
151.27 Construction maintenance and inspection
151.28 Project termination
151.29 Stormwater management facilities post-construction maintenance and inspection
Enforcement
151.90 Compliance
151.99 Penalty
GENERAL PROVISIONS
(A) The State Legislature has authorized the Town Council to adopt regulations designed to promote public health, safety, and general welfare of its citizens pursuant to I.C. 36-7-4-201, including the adoption of stormwater management regulation ordinances.
(B) This chapter sets forth the administrative procedures, standards, and enforcement remedies which shall be used by the Town of Brownsburg for stormwater management to meet the requirements of Phase II of the National Pollutant Discharge Elimination System (NPDES) program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management's (IDEM's) Municipal Separate Storm Sewer System General Permit MS4GP), and IDEM's Construction Stormwater General Permit (CSGP).
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
It is the general purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to stormwater conditions in residential, commercial, and industrial development. This chapter is designed to accomplish the following:
(A) To protect human life and improve public health.
(B) To promote the use of low-impact development (LID) practices and green infrastructure components to help protect and restore water quality and reduce the quantity of stormwater runoff throughout the town.
(C) To reduce the risk of stormwater damage to properties and structures through the implementation of stormwater management facilities and practices and to ensure that adequate stormwater infrastructure is installed.
(D) To protect local waterways from unmitigated stormwater runoff and the potentially damaging pollutants and erosion associated with runoff.
(E) To ensure that drainage easements are under the control of the town to enforce the protection of those drainage facilities from filling and other damage by the adjacent property owners.
(F) To ensure that the natural flow of water shall not be obstructed by any man-made land improvement.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
Words and phrases in this chapter shall be construed according to their common and accepted meanings. Words and phrases defined herein shall be construed according to the respective definition given unless the context clearly indicates or requires a different meaning. Technical words and phrases that are not defined in this chapter, but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.
AGRICULTURAL CONSERVATION PRACTICES. Practices that are constructed on agricultural land for the purposes of controlling soil erosion and sedimentation. These practices include, but are not limited to grass waterways, sediment basins, terraces, and grade stabilization structures.
AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile.
BEST MANAGEMENT PRACTICE (BMP). BMP can refer to a structural measure (erosion control measure, wetland, pond, hydrodynamic separator, filter, etc.) or non-structural measure (restrictive zoning, reduced impervious area, inspections, etc.). BMPs are designed for the benefit of water quality and quantity control. For the purposes of this chapter, BMPs refer to structural water quality BMPs.
BUSINESS DAY. Monday through Friday excluding holidays.
CERTIFIED PROFESSIONAL. An individual who is trained and experienced in the principles of stormwater management, including erosion and sediment control as is demonstrated by completion of state registration, or professional certification that enable the individual to make judgments regarding stormwater management, treatment, and design.
CONCRETE WASHOUT. The rinsing of chutes, hoppers, wheelbarrows, and hand tools that are used to handle concrete, mortar, stucco, grout, or other mixtures of cement. Concrete washout water is a wastewater slurry containing metals and is caustic or corrosive, having a high pH.
CONSTRUCTION. Building, clearing and grubbing, grading, excavating, demolition, and other activities resulting in land disturbance.
CONSTRUCTION ACTIVITY. Land-disturbing activities and land-disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance.
CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of ingress or egress to a project site for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.
CONTOUR. An imaginary line on the surface of the land that connects points of equal elevation.
CONTOUR INTERVAL. The vertical distance between contour lines.
CONTOUR MAP. A map that shows the shape of the surface features of the ground by use of contour lines.
CONTRACTOR OR SUBCONTRACTOR. An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
CROSS SECTION. A drawing that shows the features that would be exposed by a vertical cut through a man-made or natural structure.
DEMOLITION. Solid waste resulting from the demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block, and unsegregated concrete.
DEPOSITION. An accumulation of sediments, gravel, or debris caused by the slowing of wind or water.
DESIGN STANDARD. Requirements which may be established by regulatory agencies or legislative
bodies which must be met by designers of water management systems.
DESIGNER. Professional engineers, land surveyors, or architects in the land development planning profession.
DETENTION. Any process that detains stormwater runoff, holding back stormwater runoff in temporary storage. A basin, facility, pond, or BMP may be used for detention purposes.
DEVELOPER. Any person financially responsible for construction activity; or an owner of property who sells or leases, or offers for sale or lease, any lots in a multiple lot project.
DEWATERING. The act of draining rainwater and/or ground water from excavations, stormwater measures, building foundations, vaults, and trenches.
DITCH MAINTENANCE. To restore a conveyance system to its originally constructed channel capacity and to perform the function for which it was originally constructed. Maintenance includes cleaning (removal of accumulated sediments, debrushing, and mowing), spraying, removing obstructions, and conducting minor repairs.
DISCHARGE. The flow from a watershed, point source, or stormwater facility into a stormwater conveyance system. The rate of flow may be measured in cubic feet per second.
DOMESTIC WASTE. Typical household trash, garbage, or rubbish.
DRAIN. Any place where water accumulates and flows toward the rivers, whether natural or manmade.
DRAINAGE ORDINANCE. An ordinance to regulate the drainage of developing land passed by a legislative body.
EASEMENT. A grant by a property owner ("grantor") to specific persons, the public, corporations, utilities, and/or others (aka: " grantee"
or "easement holder") for the purpose of providing services, facilities, infrastructure, landscaping, full access, or limited access on the subject property.
ENTITY. An individual, association, organization, partnership, firm, corporation, or other person or group of persons recognized by law and acting either as the owner or the owner's agent.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EROSION AND SEDIMENT CONTROL SYSTEM. The use of appropriate erosion, runoff, and sediment control measures to minimize sedimentation by first reducing or eliminating erosion at the source and then, as necessary, trapping sediment to prevent it from being discharged.
EXCAVATION. Earth moving activities related to land use changes and treatment.
EXISTING GRADE, PLANNED GRADE, FINISH GRADE. Grade of the land or structures as they now exist. Grade of the land or structures as they are planned to be. Grade of the land or structures at the completion of the construction.
FILL. Any area that has had soil added to it and regraded or the material itself that is used for filling.
FILL MATERIAL. A combination of topsoil, soil, small aggregate, sand, organic material, and/or any similar resource which is not intended to sustain landscape material, or when used under structures will not conflict with proper installation of foundations. Fill material does not include metal, glass, industrial waste, household waste, asphalt, ash, or similar material.
FILTER STRIP. An area of undisturbed or planted vegetation used to retard or collect sediment for the protection of watercourses, reservoirs, or adjacent properties.
GRADING. The cutting and filling of the land surface to a desired slope or elevation.
GROUND COVER. Grasses or other vegetative ground cover used to prevent erosion.
HYDRAULIC GRADE LINE. An imaginary line representing the water surface elevation in open channel flow and the height to which a water column would rise if open to the atmosphere for pressure flow.
IMPAIRED WATER. Any waterbody included on IDEM's current 303(d) list.
IMPERVIOUS SURFACE. Surface materials that include, but are not limited to, concrete, asphalt, rooftop, blacktop and gravel, such that the infiltration of storm water is prevented or impeded. Driveways, roadways, parking lots and other areas used for vehicular traffic are considered impervious surface areas. Undisturbed land, tilled agricultural land, ponds, lawns and fields are not considered impervious surface area.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual lot.
INDIVIDUAL LOT OWNER. A person who has a financial interest in the construction activities for an individual lot.
INFEASIBLE. Not technologically possible, or not economically practicable and achievable considering best industry practices.
INFILTRATION. Passage or movement of water into the soil.
INFRASTRUCTURE. All of the utilities, including storm sewers, sanitary sewers, electric, telephone, water lines, and the like, which allow the town to function.
LAND DISTURBANCE. Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, stockpiling, and grading. Land disturbance
shall include, but not be limited to, site development, site redevelopment, site amendments or alterations, soil disturbances without improvements, utility projects, and soil stockpiles.
LAND DISTURBING ACTIVITY. Any man-made change of the land surface including, but not limited to removing vegetative cover that exposes the underlying soil, excavating, filling, and grading.
LARGER COMMON PLAN OF DEVELOP-MENT OR SALE. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased, or advertised as a common unit or by a common name, such land must be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
LEGAL DRAIN. Drains which are under the jurisdiction of the County Drainage Board.
MEASURABLE STORM EVENT. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half (0.5) inch of rainfall, unless otherwise specified as a condition of this permit. A measurable storm event excludes an accumulated snow event.
MULCH. Straw, excelsior, stone, or other natural and man-made materials to cover soil as a protection against erosion evaporation and to control temperature.
NATURAL BUFFER. An undisturbed area adjacent to, or surrounding surface waters within which construction activity is restricted. A natural buffer may include natural vegetation, exposed rock, overflow channels, or barren earth that existed prior to land-disturbing activities.
NUISANCE. No person shall erect, construct, cause, permit, keep or maintain within the town limits, anything whatsoever which is injurious to the public health or safety, or offensive to the senses of
inhabitant. The existence of any of the above is declared to be a nuisance and shall be regulated as set forth in Chapter 93 of the Town of Brownsburg Code of Ordinances.
OPEN OUTLET CHANNEL. Man-made ditches to contain total flow of stormwater from the watershed, plus it is deep enough to provide deep outlets for subsurface drain tile, storm sewers, and retention basins.
PEAK FLOW or PEAK RUNOFF. The maximum flow of water from a given storm at a specific location. This is measured in cubic feet per second.
PERMITTEE. The individual required to obtain a permit as defined by the project site owner.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
POND. A body of water formed naturally or by hollowing or embanking. A pond may remain wet or could become dry depending on soil characteristic, ground water levels or watershed areas flowing into or out of the pond.
PONDING. A state of temporary flooding in depressed areas or in areas where drainage is being impeded.
PROJECT SITE. The entire area on which construction activity is to be performed.
PROJECT SITE OWNER/OPERATOR. The person required to submit the NOI letter and required to comply with the terms of this permit, including either of the following: a developer or a person or entity that has financial and operational control of construction activities and project plans and specifications, including the authority to approve expenditure of funds and ability to make modifications to plans and specifications.
RETENTION. A process that retains stormwater on-site with a typical release to the air through evapotranspiration or to the ground through infiltration. A basin, facility, pond, or BMP may be used for retention purposes.
RUNOFF. Water that originates during a precipitation event and flows over the land as surface water rather than infiltrating into the ground or evaporating.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
SEDIMENTATION. The settling and accumulation of unconsolidated sediment carried by stormwater runoff.
SEWER, COMBINATION. An underground pipe system that is used for both wastewater and stormwater.
SEWER, SANITARY. An underground pipe system designed only for wastewater or sewage.
SEWER, STORM. An underground pipe system designed only for stormwater and groundwater and no sanitary wastewater.
SILVICULTURAL. The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
(1) Nonpoint activities include source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. Some of these activities (such as stream crossing for roads) may involve the placement of dredged or fill material which may require a CWA Section 404 permit and a 401 Water Quality Certification.
(2) Point source activities include any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States or the state.
SOIL. The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants.
SOIL AND WATER CONSERVATION DISTRICT (SWCD). A political subdivision established under I.C. 14-32.
SOIL SURVEY. Published soil survey of the county and the technology of soil science used to develop it.
STEEP SLOPE. Slopes that are 1:3 (V:H) or 33.3 percent or steeper in grade.
STOP WORK ORDER. An order issued by the Town to stop construction activity on a site.
STORMWATER. The portion of precipitation that does not naturally infiltrate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel.
STORMWATER CONVEYANCES, FACILITIES, AND FEATURES. A permanent
stormwater or drainage component, either natural or constructed, for collecting and transferring stormwater between two (2) points, including public streets, roads, alleyways, and highways; curbs; gutters; inlets, catch basins, storm manholes, and other storm structures; stormwater quality units; stormwater pumping stations; pipes, culverts, subsurface drains, and other conduits; outfalls; legal drains, open channels, creeks, ditches, swales, streams, and other open waterways; retention or detention facilities; and other structural components and equipment that transport, move, or regulate stormwater.
STORMWATER MANAGEMENT. The process of designing, installing, and implementing various combinations of drainage plans, structures, and facilities to control stormwater quality and quantity.
STORMWATER MANAGEMENT MEASURE. A practice or a combination of practices selected to improve the quality of runoff discharges, divert runoff, or mitigate the impacts related to quantity of runoff.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
SUBSURFACE DRAIN. Perforated drain tile placed in trenches and covered to remove surplus groundwater from the soil to provide greater soil stability and remove wetness from subsurface structures. Sections near tree roots may not be perforated.
SURFACE DRAIN. A shallow open drain with flat side slopes to quickly move surface water toward the major drainage system.
SWALE. Small surface drains along lot lines to collect and move surface water from the lot toward the project drainage system.
TOTAL MAXIMUM DAILY LOAD (TMDL). A total maximum daily load (TMDL) is a regulatory term in the U.S. Clean Water Act, describing a plan for restoring impaired waters that identifies the maximum amount of a pollutant that a body of water can receive while still meeting water quality standards.
TRAINED INDIVIDUAL. An individual who is trained and experienced in the principles of stormwater management, including erosion and sediment control, as is demonstrated by completion of coursework, state registration, professional certification, or annual training that enables the individual to make judgments regarding stormwater management, treatment, and monitoring. This definition is to remain consistent with the CSGP.
VELOCITY. Speed that water flows expressed in feet per second.
WATERCOURSE, WATERWAY. A natural or man-made channel through which water flows; includes legal drains, creeks, ditches, swales, streams, and other open channels.
WATERSHED. As in the White Lick Creek Watershed, it is the acreage of land from which the drainage flows to a common point. The boundaries are determined by aerial photograph interpretation, topographic maps, and visually viewing the land.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
ACOE | United States Army Corps of Engineers |
ASTM | American Society for Testing and Materials |
USEPA | United States Environmental Protection Agency |
BMP | Best Management Practice |
CFS | Cubic feet per second |
IDNR | Indiana Department of Natural Resources |
FHWA | United States Department of Transportation Federal Highway Administration |
HGL | Hydraulic Grade Line |
HEC-1 | ACOE Hydrologic Engineering Center Flood Hydrograph Package |
HEC-12 | United States Department of Transportation Hydraulic Engineering Circular 12 |
HEC-14 | FHWA Hydraulic Engineering Circular No. 14 |
HEC- HMS | ACOE Hydrologic Engineering Center Hydrologic Modeling System |
HEC- RAS | ACOE Hydrologic Engineering Center River Analysis System |
IDEM | Indiana Department of Environmental Management |
LID | Low Impact Development |
MS4 | Municipal Separate Storm Sewer System |
NOAA | National Oceanic and Atmospheric Administration |
NRCS | Natural Resources Conservation Service |
NOI | Notice of Intent |
NOT | Notice of Termination |
NPDES | National Pollutant Discharge Elimination System |
O&M | Operation and Maintenance |
SMP | Self-monitoring program |
SCS | Soil Conservation Service |
SWCD | Soil and Water Conservation District |
SWPPP | Stormwater Pollution Prevention Plan |
TSS | Total Suspended Solids |
USDA | United States Department of Agriculture |
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
Loading...