(A) The provisions of this subchapter are in compliance with 327 IAC 15-13 (Rule 13) and apply to all persons meeting the requirements of 327 IAC 15-13-16. In general, this subchapter requires the post- construction control of storm water discharges for both new development and re-development, with a land disturbance greater than or equal to one acre, or disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land.
(B) The requirements of this subchapter do not apply to the following:
(1) Construction of, or modifications to, single family structures that are not a part of a larger common plan of development;
(2) Single-family residential development consisting of four or fewer lots;
(3) Individual lots within a larger common development plan that has been previously permitted for storm water management; and
(4) Any logging, agricultural, or other activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by county, state, or federal regulating agencies.
(C) This subchapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this subchapter should be considered minimum requirements, and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
(D) If the provisions of any section, subsection, paragraph, subdivision or clause of this subchapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of the subchapter.
(Ord. 2004-7, passed 9-27-04; Am. Ord. 2005-3, passed 8-8-05)