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The Town of Brownsburg, any designated enforcement official, or any person or persons, firm, or corporation, jointly and severally aggrieved, may institute a suit for injunction in the circuit or superior courts of the county, to restrain an individual or government unit from violating the provisions of this chapter. The Town of Brownsburg may also institute a suit for mandatory injunction directing an individual, corporation, or a governmental unit to remove a structure erected in violation of the provisions of this chapter. Any building erected, raised, or converted, or land or premises used in violation of the provisions of this chapter or the requirements thereof, is declared to be a public nuisance and as such, they may be abated in such a manner as nuisances are now or may hereafter be disposed of under existing law.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
(A) This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes a more stringent restriction shall prevail.
(B) This chapter shall be construed whenever possible as consistent with the Unified Development Ordinance and regulations of the Town, and in conformity with its Master Plans.
(C) If a project site is determined to impact or discharge to a sensitive area the Town may, at its discretion, require more stringent stormwater quantity and quality measures than detailed in this chapter or the references listed in § 151.06. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water resources.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under the statutes of the state.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger storms can and will occur on occasion. Drainage runoff and intensity can cause drainage structures to overfill and erosion control and pollution prevention measures to fail. This chapter does not imply that these provisions are absolute fail-safe against every event that the ferocity of nature may provide. This chapter shall not create any liability on the part of the Town or any officer or employee thereof for any damages from water or sediment that result from reliance on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
STORMWATER MANAGEMENT APPROVAL PROCESS
(A) Application and approval process.
(1) Conceptual review. A cursory review of stormwater management and water quality improvements, including verification of an adequate outlet will be completed by the Development Services Department during the plan review period for a zoning map amendment.
(2) Preliminary review.
(a) Stormwater management features shall be included in the primary plat submittal. Drainage easements shall be included in accordance with § 151.21(J).
(b) The primary plat submittal shall be reviewed to ensure that conceptual stormwater management systems have been included and requirements of this chapter are acknowledged by the applicant.
(3) Final review.
(a) Stormwater management features shall be included in the development plan and final plat submittal. The legal description of the lot or site shall include the appropriate drainage easements in accordance with § 151.21(J).
(b) The Development Services Department or their authorized representative shall perform a review of all stormwater, erosion control, and pollution prevention features included in the development plan for compliance with the requirements and intent of this chapter. Final review shall include an engineering/technical plan review.
(c) Stormwater management plan approval shall be obtained prior to the initiation of any construction activities. Non-compliance with the terms and conditions of the approved stormwater management plan will be subject to enforcement as described in this chapter. The applicant shall inform all contractors, sub-contractors, construction management firms, and other entities having oversight of construction activities on the site or individual building lots of the terms and conditions of the stormwater management plan approval and schedule for proposed implementation.
(4) NOI submittal. Submittal of the NOI to IDEM and the Development Services Department shall be conducted according to § 151.22(A)(7).
(B) Minimum requirements of all projects.
(1) All projects shall comply with the requirements of this section. The Development Services Department may require projects with one (1) acre or less of land disturbance to comply with § 151.21, § 151.22, and § 151.23 when the project site is located within, near, or along a tributary to an environmentally critical/sensitive area or an area with known erosion or drainage problems.
(2) Fueling areas include an existing or proposed land use with fuel tanks or fueling activities. Regulated activities include any fueling area, publicly or privately owned (regardless of the size of land disturbance), that installs or replaces fuel tanks. Refer to § 151.23 for stormwater quality treatment requirements specific to fueling areas. A fueling area may be a part of other land disturbing activities or may be individually permitted.
(3) All projects must demonstrate an adequate outlet in accordance with § 151.21(H).
(4) Application for approval shall include the following items at a minimum:
(a) Completed application.
(b) Stormwater application fee (according to an established fee schedule). Inspection fees shall be assessed following the application approval. Fees are to be paid prior to the pre-construction meeting with Town personnel.
(c) Statement of financial responsibility form, signed and completed.
(d) Affidavit and consent of property owner form, signed and completed.
(e) Design plans certified by a professional engineer or land surveyor licensed in the State of Indiana. Each sheet shall be drawn to scale and shall include a scale bar and north arrow. Plans shall include the following sheets and elements at a minimum to show the nature, location, dimensions, and elevations of the area and improvements in question.
1. Title sheet:
a. Location plan;
b. Vicinity map;
c. Legal description of property;
d. Parcel number or numbers of the site;
e. Provide the total impervious surface area for the completed project in square feet. In addition to total area, provide a breakdown of total compacted gravel, building footprint and pavement (asphalt plus concrete) in square feet.
2. Overall existing condition site plan:
a. Location, elevation, and datum of benchmark placed within the area of the site. If no benchmark is available, the elevation of the nearest road intersection as shown on the U.S. Geological Survey Map shall be indicated;
b. Site and the surrounding area one hundred (100) feet in every direction around the site;
c. Location, size, and invert elevation of any drainage structures within one hundred (100) feet of the site;
d. Existing site grading with contour intervals of one (1) foot;
e. General description and nature of the site;
f. Soil survey map with the site delineated upon it.
3. Existing condition plan sheets (maximum scale of one (1) inch equals fifty (50) feet):
a. Contour lines with maximum one (1) foot contour interval;
b. One hundred-year (100-yr.) (1% chance/year) floodplain elevation and boundary;
c. Existing legal drains and other waterways, detention/retention facilities, roadside ditches and culverts, storm sewer systems, and all other drainage features as applicable;
d. Areas potentially impacted by flooding of surface waters including:
i. Designated floodways or floodplains;
ii. Land within seventy-five (75) feet of each bank of any legal drain;
iii. Land within fifty (50) feet of each bank of a natural drainageway; or
iv. Areas above restricted outlets;
e. Wetlands;
f. Street names, widths, and rights-of-way;
g. Existing easements.
4. Proposed condition plan sheets (maximum scale of one (1) inch equals fifty (50) feet):
a. Contour lines with maximum one (1) foot contour interval;
b. One hundred-year (100-yr.) (1% chance/year) floodplain elevation and boundary;
c. Pond water surface elevations including one hundred- year (100-yr.) (1% chance/year) and normal pool elevations;
d. Proposed grading and areas of cut or fill;
e. Elevation of the first floor for all proposed and existing structures;
f. Elevation of lowest floor, including basement, for all proposed and existing structures in accordance with § 151.21(K);
g. Proposed areas for storage of materials and construction staging;
h. Proposed modifications to existing drainage features;
i. Proposed discharge location for site;
j. Location and size/ dimensions of all existing and proposed detention/retention facilities, roadside ditches and culverts, subsurface drains, legal drains, and all other drainage features, whether permanent or temporary, including those facilities which are crossing or adjacent to the site;
k. Location, size/ dimensions, and profile of all existing and proposed storm sewer systems, whether permanent or temporary, including those facilities which are crossing or adjacent to the site;
l. Drainage plan including flow arrows for both surface and subsurface water. The drainage plan shall indicate the natural flowage of water to be managed coming into or leaving the site;
m. Flood routing plan including path and ponding locations and flow arrows and standards included in § 151.21(I);
n. Street names, widths, rights-of-way, and cross sections, including elevation of street centerline;
o. Existing and proposed easements.
5. Design details, including applicable standard details from the Town of Brownsburg Construction Standards.
6. SWPPP, details, and notes in accordance with § 151.22.
(f) Drainage report. Engineering design computations and drainage report prepared by a registered professional engineer or land surveyor licensed in the State of Indiana which include the following applicable items at a minimum.
1. Written description of the project, including:
a. Discussion of the steps taken in the design of the stormwater management system;
b. Description of significant drainage problems;
c. Soil types, conditions, and limitations;
d. Analysis procedure to evaluate problems and propose a solution;
e. Hydrologic and hydraulic analysis methodologies and calculations;
f. Exhibits showing existing and proposed drainage patterns, drainage areas, flow paths, land uses, etc.;
g. Assumptions or special conditions associated with the methods used;
h. Proposed design of stormwater management system;
i. Results of analysis demonstrating that the proposed system addresses existing drainage problems, accounts for off-site drainage (if applicable), and does not create new drainage problems upstream or downstream of the site;
j. Proposal for protecting proposed improvements from loss or damage due to ponding or runoff of surface water;
k. Conclusion summarizing the design and explaining how the design satisfies the requirements and intent of this chapter.
2. Engineering design computations shall be provided for land drainage practices, erosion control measures, pollution prevention practices, and flood prevention practices, including, but not limited to:
a. Runoff coefficients or curve numbers, as appropriate;
b. Times-of-concentration;
c. Peak runoff rates;
d. Detention storage volumes;
e. Peak discharge rates;
f. Outfall structure and emergency spillway calculations;
g. Storm sewer, inlet, open channel, culvert, subsurface drain, and other stormwater conveyance design calculations;
h. Low-impact development features design calculations and supporting information;
i. Input and output files for computer models and exhibits detailing the setup and relationships within the computer model.
3. Development sites making use of regional or master planned stormwater detention areas must include the following information in the stormwater drainage report:
a. Design assumptions, maps, and calculations from the master planned drainage report for the proposed development area;
b. Written narrative, maps, and supporting calculations demonstrating that the master planned assumptions will be achieved;
c. Current standards and regulations may require additional storage and/or water quality measures if the master planned drainage report does not include those measures.
4. Projects disturbing less than one (1) acre of land that are residential uses converting to non-residential commercial and for projects that result in a minor increase in impervious surface projects shall provide the following at a minimum:
a. A drainage report including design calculations for onsite stormwater drainage conveyances in accordance with this chapter;
b. Demonstrate an adequate outlet is available in accordance with § 151.21(H);
c. Demonstrate that the change in peak runoff at all outlets is less than 0.2 cfs for up to the one hundred-year (100-yr.) frequency storm.
(h) Performance bonds. As condition of stormwater management plan approval, the applicant shall provide performance assurances in accordance with § 151.26.
(5) Where the minimum standards of this chapter cannot be met, additional engineering design calculations and narrative shall be provided to the Development Services Department for consideration.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
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