In granting a stormwater management permit, the SWMB may impose such terms and conditions as reasonably necessary to meet the purposes of this ordinance. The project site owner must ensure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits is subject to enforcement as described in Division VIII.
The property owner must inform in writing all individuals or entities that have primary oversight of the project/development of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
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 SWMB may require more stringent stormwater quantity and quality measures than detailed in this ordinance or in the Indiana Stormwater Quality Manual.
Permits expire on December 31 of the second year following the date of their issuance. Construction of the permitted activity must begin by the expiration date for the permit to be valid.
(a) Determination of Sensitive Areas. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. A listing of highly erodible soils, outstanding water, impaired water, recreation water, and surface drinking water sources is contained in the Town of Dyer Stormwater Quality Management Plan (SWQMP) - Part C: Program Implementation dated October 2010 and its updates. If wetlands are suspected on a site, wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE) and the wetland addressed in accordance to the requirements of Division VI of this ordinance. If the presence of threatened or endangered species habitat is suspected on a site, the site must be evaluated and inspected by an individual or entity as approved by the SWMB experienced in that subject matter and the results reported to the SWMB. Special terms and conditions for development determined to impact or discharge to any sensitive area are specified in the stormwater management permit.
(b) Determination of Impact Drainage Areas.
(1) The following areas are designated as impact drainage areas, unless good reason for not including them is presented to the SWMB:
a. A floodway or floodplain as designated by the most updated Town of Dyer Town ordinance dealing with floodplain regulation.
b. Land within twenty-five (25) feet of each bank of any ditch within the Town of Dyer's system.
c. Land within fifteen (15) feet of the centerline of any stormwater infrastructure or enclosed conduit within the Town of Dyer's system.
d. Land within seventy-five (75) feet of each bank of a county open regulated drain.
e. Land within fifty (50) feet of a natural drainageway.
f. Land within seventy-five (75) feet of the centerline of any tiled regulated drain.
g. Land within the Fluvial Erosion Hazard (FEH) corridor.
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 SWMB is authorized, but not required, to classify certain additional geographical areas as impact drainage areas. In determining impact drainage areas, the SWMB must consider land use, topography, soil type, capacity of existing drains, distance from adequate drainage facility, and similar factors.
(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 SWMB. Special terms and conditions for development within any impact drainage area are included in the stormwater permit.
(c) Determination of Designated Drainage Areas Served by Regional Facilities. The Town of Dyer is authorized, but 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 is as described in the Town of Dyer Stormwater Technical Standards Manual. (Ord. No. 2021-32, §11, 11-10-21)