(A) Applicability.
(1) All new development and redevelopment activities that result in the disturbance of one or more acres of land within the jurisdiction of the county, including land disturbing activities on individual lots on less than one acre as part of a larger common plan of development of sale shall develop detailed construction plans, which includes provisions necessary for minimizing the impact of runoff from the proposed land use. The following exceptions are as follows:
(a) Projects that require only individual improvement location permits for a single-family dwelling, a two-family dwelling or their accessory structures are not subject to these requirements; and
(b) Projects that are agricultural structures in locations included in current soil and water conservation plans that have been approved by the County Soil and Water Conservation District are also exempt from these requirements.
(2) The provisions of this section shall be deemed as additional requirements to the minimum standards required by other ordinances of the county. In the case of conflicting requirements, the most restrictive shall apply.
(B) Responsibility for administration. The County Drainage Board (CCDB) shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the CCDB may be delegated in writing by the Drainage Board to the enforcement personnel.
(C) Severability. 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.
(D) Ultimate responsibility. The standards set forth herein and promulgated pursuant to this chapter are minimum standards.
(E) Notice of violation. Whenever the County Drainage Board finds that a person or entity developer has violated or failed to meet a requirement of this chapter, a written notice of such violation(s) shall be issued with 20 days to the responsible person or entity.
(F) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the CCDB. The notice of appeal must be received within ten calendar days from the date of the notice of violation. Hearing on the appeal before the CCDB shall take place within 30 calendar days from the date of receipt of the notice of appeal.
(G) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the CCDB, the CCDB may pursue all remedies provided for in this chapter or by law.
(H) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the CCDB may seek any remedies available under any applicable law, including, but not limited to the following:
(1) Preliminary or permanent injunction;
(2) Stop work order.
(I) Civil penalties. Any person, firm, or corporation who shall violate or fail to comply with any of the provisions of this chapter shall be liable for civil penalties to the CCDB up to $2,500. Each day that the violation exists or continues shall be deemed a separate offense. Any such person, firm or corporation shall also reimburse the CCDB for all attorneys' fee incurred in any enforcement action. Nothing herein contained shall prevent the CCDB from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible.
(J) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter may be summarily abated or restored at the violator's expense, or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(K) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available tinder any applicable federal, state or local law. It is within the discretion of other authorized enforcement agencies to seek cumulative remedies.
(L) Permits for construction in a floodway. The 1945 Flood Control Act (I.C. 13-2-22) of the State of Indiana prohibits the construction of abodes or residences in or on a floodway. Prior approval of the Department of Natural Resources is required for any type of construction, excavation, or filling in or on a floodway.
(M) Wetlands. Landowners and/or developers must notify and make application to all appropriate state and federal agencies with authority for wetland protection. In cases where federal or state jurisdictional wetlands have been determined to exist, environmental assessments shall be conducted to indicate and delineate those wetland areas and boundaries. Said areas shall be shown on the preliminary and final drainage plans. The Board will not make determinations of the accuracy of delineation or extent of jurisdictional wetlands. Approvals required by this chapter may be deferred until wetland-related approvals have been obtained.
(N) Disclaimer of liability. The degree of protection required by this chapter is considered reasonable of regulatory purposes and is based on historical records, engineering and scientific methods of study. Larger storms may occur or storm water runoff depths may be increased by man-made or natural causes. This chapter does not imply that land uses permitted will be tree from storm water damage. This chapter shall not create liability on the part of the county, the CCDB, County Engineer, County Surveyor or any officer or employee thereof for and damage which may result from reliance on this chapter or on any administrative decision lawful made thereunder.
(Ord. 2010-11, passed 7-22-2010)