(A) In granting a storm water management permit, the Department may impose such terms and conditions as are reasonably necessary to meet the purposes of this chapter. The project site owner shall ensure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in §§ 52.600 through 52.609.
(B) The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the storm water management permit and the schedule for proposed implementation.
(C) In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the Department may require more stringent storm water quantity and quality measures than detailed in this chapter or in the Indiana Storm Water Quality Manual.
(D) Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, karst areas, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. Any discharge from a storm water practice that is a Class V injection well shall meet the Indiana groundwater quality standards and registered with US EPA as required by the IDEM. If wetlands are suspected on a site, a wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE). The need for the applicant to check for the presence of threatened or endangered species habitat will be determined on a case-by-case basis. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the storm water management permit.
(E) Determination of impact drainage areas.
(1) The following areas shall be designated by default as impact drainage areas unless good reason for not including them is presented to the Department.
(a) A floodway or floodplain as designated by the most updated FEMA Code dealing with floodplain regulation and/or by the best available data through IDNR ;
(b) Land within 25 feet of each bank of any ditch within the City of Decatur's system;
(c) Land within 15 feet of the centerline of any storm water infrastructure or enclosed conduit within the City of Decatur's system;
(d) Land within 75 feet of each bank of a county open regulated drain;
(e) Land within 50 feet of a natural drainageway;
(f) Land within 75 feet of the centerline of any tiled regulated drain;
(g) Land within the fluvial erosion hazard (FEH) corridor; and
(h) Land within the expected breach inundation zone of an existing or proposed new dam, and areas protected from flooding by a levee.
(2) The Department is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the Department may consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility.
(3) Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the Department. Special terms and conditions for development within any impact drainage area shall be included in the storm water management permit.
(F) Determination of designated drainage areas served by regional facilities. The Department is authorized, but is not required, to classify certain geographical areas as designated drainage areas that are or will be served by regional facilities, such as a regional pond. In such cases, an infrastructure development fee (IDF) rate may be established for the designated drainage area. The basis for determining such a fee for a proposed development or re-development within a designated drainage area will be as detailed in the City of Decatur Storm Water Technical Standards Manual.
(Ord. 2023-11, passed 8-1-2023)