For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AGRICULTURAL ACTIVITY OR AGRICULTURAL LAND-DISTURBING ACTIVITY.” Tillage, planting, cultivation, or harvesting operations to produce agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. For purposes of this rule, the term does not include land disturbing activities for the construction of agricultural related facilities, such as barns, buildings to house livestock, roads associated with infrastructure, agricultural waste lagoons and facilities, lake and ponds, wetlands, and other infrastructure.
“AUTHORIZED ENFORCEMENT AGENCIES.” The Department of Storm Water Management, Town Building Commissioner, Town Police and Fire Departments, or their subcontractors shall be the agencies authorized to enforce the provisions of this chapter.
“BASE FLOW.” Stream discharge derived from groundwater sources as differentiated from surface runoff. Sometimes considered to include flows from regulated lakes or reservoirs.
“BEST MANAGEMENT PRACTICES (BMPs).” Design, construction, and maintenance practices and criteria for storm water facilities that minimize the impact of storm water runoff rates and volumes, prevent erosion, and capture pollutants.
“BOARD.” The Board of Directors of the Department of Storm Water Management.
“CAPACITY (OF A STORM DRAINAGE FACILITY).” The maximum flow that can be conveyed or stored by a storm drainage facility without causing damage to public or private property.
“CATCH BASIN.” A chamber usually built at the curb line of a street for the admission of surface water to a storm drain or subdrain, having at its base a sediment sump designed to retain grit and detritus below the point of overflow.
“CHANNEL.” A portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine water.
“CONSTRUCTED WETLAND.” A manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to remove pollutants.
“CONSTRUCTION ACTIVITY.” Land disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
“CONTIGUOUS.” Adjoining or in actual contact with.
“CONTOUR.” An imaginary line on the surface of the earth connecting points of the same elevation.
“CONTRACTOR OR SUBCONTRACTOR.” An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
“CONVEYANCE.” Any structural method for transferring liquid between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
“CROSS SECTION.” A graph or plot of ground elevation across a stream valley or a portion of it, usually along a line perpendicular to the stream or direction of flow.
“CULVERT.” A closed conduit used for the conveyance of surface drainage water under a roadway, railroad canal, or other impediment.
“DECHLORINATED SWIMMING POOL DISCHARGE.” Chlorinated water that has either sat idle for seven days following chlorination prior to discharge to the Municipal Separate Storm Sewer System (MS4) conveyance, or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual.
“DEPARTMENT.” The Department of Storm Water Management of the Town of Edinburgh, Indiana.
“DESIGN STORM.” A selected storm event, described in terms of the probability of occurring once within a given number of years, for which drainage or flood control improvements are designed and built.
“DETENTION.” A facility constructed or modified to restrict the flow of storm water to a prescribed maximum rate, and to detain concurrently the excess waters that accumulate behind the outlet.
“DETRITUS.” Dead or decaying organic matter; generally contributed to storm water as fallen leaves and sticks or as dead aquatic organisms.
“DEVELOPER.” Any person financially responsible for construction activity, or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
“DIRECTOR.” The head of the Department of Storm Water Management of the Town of Edinburgh, Indiana.
“DISCHARGE.” Usually the rate of water flow. A volume of fluid passing a point per unit time commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, or millions of gallons per day.
“DISTRICT.” The Storm Water Management District of Edinburgh, Indiana.
“DRAINAGE AREA.” The area draining into a stream at a given point. It may be of different sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff area is considered as the drainage area.
“DRY WELL.” A type of infiltration practice that allows storm water runoff to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.
“DURATION.” The time period of an event.
“EFFLUENT.” Constituents which are discharged from point sources into a waterbody.
“ENVIRONMENT.” The sum total of all the external conditions that may act upon a living organism or community to influence its development or existence.
“EROSION.” The wearing away of the land surface by water, wind, ice, gravity, or other geological agents.
“EROSION AND SEDIMENT CONTROL.” A practice, or a combination of practices, to minimize sedimentation by first reducing or eliminating erosion at the source and then, as necessary, rapping sediment to prevent it from being discharged from or within a project site.
“FILTER STRIP.” Usually a long, relatively narrow area (usually 20-75 feet wide) of undisturbed or planted vegetation used near disturbed or impervious surfaces to filter storm water pollutants for the protection of watercourses; reservoirs, or adjacent properties.
“FLOATABLE.” Any solid or liquid waste that will float on the surface of the water.
“FLOOD (or FLOOD WATERS).” A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
“FLOODPLAIN.” The channel proper and the areas adjoining the channel which have been or hereafter may be covered by the regulatory or 100-year flood. Any normally dry land area that is susceptible to being inundated by water for any natural source. The floodplain includes both the floodway and the floodway fringe districts.
“FLOODWAY.” The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream.
“FLOODWAY FRINGE.” That portion of the floodplain lying outside the floodway, which is inundated by the regulatory flood.
“FOOTING DRAIN.” A drain pipe installed around the exterior of a basement wall foundation to relieve water pressure caused by high groundwater elevation.
“GARBAGE.” All putrescible animal solid, vegetable solid, and semisolid wastes resulting _from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
“GASOLINE OUTLET.” An operating gasoline or diesel fueling facility whose primary function is the resale of fuels.
“GRADE.”
(1) The inclination or slope of a channel, canal, conduit, and the like, or natural ground surface usually expressed in terms of the percentage the vertical rise (or fall) bears to the corresponding horizontal distance.
(2) The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared to design elevation for the support of construction, such as paving or the laying of a conduit.
(3) To finish the surface of a canal bed, roadbed, top of embankment, or bottom of excavation, or other land area to a smooth, even condition.
“GRADING.” The cutting and filling of the land surface to a desired slope or elevation.
“GROUNDWATER.” Accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.
“HABITAT.” The environment in which the life needs of a plant or animal are supplied.
“HIGHLY ERODIBLE SOIL.” Land that has an erodibility index of eight or more. The soil erodibility index provides a numerical expression of the potential for a soil to erode considering the physical and chemical properties of the soil and the climatic conditions where it is located. The higher the index, the greater the investment needed to maintain the sustainability of the soil resource base if intensively cropped. It is defined to be the maximum of(RxKxLS)/T (from the Universal Soil Loss Equation) and (CxI)/T (from Wind Erosion Equation), where R is a measure of rainfall and runoff, K is a factor of the susceptibility of the soil to water erosion, LS is a measure of the combined effects of slope length and steepness, C is a climatic characterization of windspeed and surface solid moisture, I is a measure of the susceptibility of the soil to wind erosion, and T is a unit of time. Erodibility index scores equal to or greater than eight are considered highly erodible soil.
“ILLICIT DISCHARGE.” Any discharge to a storm water conveyance that is not composed entirely of storm water except naturally occurring floatables, such as leaves or tree limbs.
“IMPAIRED WATERS.” Waters that do not or are not expected to meet applicable water quality standards, as included on IDEM's Clean Water Act (CWA) Section 303(d) List of Impaired Waters.
“IMPERVIOUS SURFACE.” Surfaces, such as pavement and rooftops, which prevent the infiltration of storm water into the soil.
“INDIVIDUAL BUILDING LOT or INDIVIDUAL LOT.” A single parcel of land within a multi-parcel development.
“INDIVIDUAL LOT OPERATOR.” A contractor or subcontractor working on an individual lot.
“INDIVIDUAL LOT OWNER.” A person who has financial control of construction activities for an individual lot.
“INFILTRATION.” Passage or movement of water into the soil. Infiltration practices include any structural BMP designed to facilitate the percolation of runoff through the soil to groundwater. Examples include infiltration basins or trenches, dry wells, and porous pavement.
“INLET.” An opening into a storm drain system for the entrance of surface storm water runoff more completely described as a storm drain inlet.
“LAND-DISTURBING ACTIVITY.” Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
“LARGER COMMON PLAN OF DEVELOPMENT OR SALE.” A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as a part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
“LOWEST ADJACENT GRADE.” The elevation of the lowest grade adjacent to a structure, where the soil meets the foundation around the outside of the structure (including structural members such as basement walkout patios, decks, porches, support posts or piers, and rim of the window well.)
“LOWEST FLOOR.” Refers to the lowest of the following:
(1) The top of the basement floor;
(2) The top of the garage floor, if the garage is the lowest level of the building;
(3) The top of the first floor of buildings constructed on a slab or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
(4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of not less than one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade.
(b) Such enclosed space shall be usable only for the parking of vehicles or building access.
“MANHOLE.” Storm drain structure through which a person may enter to gain access to an underground storm drain or enclosed structure.
“MONTH.” The period between any two consecutive regular billings by the utility for service rendered to a customer. Billings are scheduled at intervals of approximately 30 days. For purposes of billing, a month is 25 through 35 days. Any bills produced outside the month parameter will be prorated.
“MONTHLY.” Occurring once in a month.
“MUNICIPAL SEPARATE STORM SEWERS (MS4).” An MS4 meets all the following criteria:
(1) Is a conveyance or system of conveyances owned by the state, county, city, town, or other public entity;
(2) Discharges to waters of the US;
(3) Is designed or used for collecting or conveying storm water;
(4) Is not a combined sewer; and
(5) Is not part of a Publicly Owned Treatment Works (POTW).
“NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES).” A permit developed by the US EPS through the Clean Water Act. In Indiana, the permitting process has been delegated to IDEM. This permit covers aspects of municipal storm water quality.
“NPDES PERMIT.” Permit issued pursuant to Section 402 of the Clean Water Act.
“NUTRIENT(S).”
(1) A substance necessary for the growth and reproduction of organisms.
(2) In water, those substances (chiefly nitrates and phosphates) that promote growth of algae and bacteria.
“OPEN DRAIN.” A natural watercourse or constructed open channel that conveys drainage water.
“OUTFALL.” The point, location, or structure where a pipe or open drain discharges to a receiving body of water.
“OUTLET.” The point of water discharge from a stream, river, lake, tidewater, or artificial drain.
“PEAK DISCHARGE (OR PEAK FLOW).” The maximum instantaneous flow from a given storm condition at a specific location.
“PERCOLATION.” The movement of water through soil.
“PERMITTING OFFICER.” The Town Planning Director or his or her designee, unless the Town Council formally designates another official or employee of the town to have the title, authority and responsibilities of this position.
“PERVIOUS.” Allowing movement of water.
“POROUS PAVEMENT.” A type of infiltration practice to improve the quality and reduce the quantity of storm water runoff via the use of manmade, pervious pavement which allows runoff to percolate through the pavement and into underlying soils.
“PROFESSIONAL ENGINEER.” A person licensed under the laws of the State of Indiana to practice professional engineering.
“PROJECT SITE.” The entire area on which construction activity is to be performed.
“PROJECT SITE OWNER.” The person required to submit a storm water management permit application, and required to comply with the terms of this chapter, including a developer or a person who has financial and operational control of construction activities, and project plans and specification, including the ability to make modifications to those plans and specifications.
“PROPERTY OWNER.” The individual, partnership, or corporation holding the deed or record title to the property. A contract purchaser whose contract has been recorded shall be considered the property owner.
“RECEIVING STREAM, RECEIVING CHANNEL, or RECEIVING WATER.” The body of water into which runoff or effluent is discharged. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.
“RECHARGE.” Replenishment of groundwater reservoirs by infiltration and transmission from the outcrop of an aquifer or from permeable soils.
“REDEVELOPMENT.” Alterations of a property that change a site or building in such a way that there are disturbances of one acre or more of land. The term does not include such activities as exterior remodeling.
“REFUELING AREA.” An operating gasoline or diesel fueling area whose primary function is to provide fuel to equipment or vehicles.
“REGULATORY FLOOD.” The discharge or elevation associated with the 100-year flood as calculated by a method and procedure which is acceptable to and accepted by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The REGULATORY FLOOD is also known as the BASE FLOOD.
“RELEASE RATE.” The amount of storm water release from a storm water control facility per unit of time.
“RESERVOIR.” A natural or artificially created pond, lake or other space used for storage, regulation or control of water. May be either permanent or temporary. The term is also used in the hydrologic modeling of storage facilities.
“RESIDENTIAL PROPERTY.” For the purpose of this chapter, this definition refers to a lot or parcel of real estate on which a building or mobile home is situated which building contains a group of rooms forming a single inhabitable dwelling unit with facilities which are used or are intended to be used primarily for living, sleeping, cooking and eating. This definition also includes a lot containing one individual building containing four or fewer separate or contiguous single-family dwelling units.
“RETENTION.” The storage of storm water to prevent it from leaving the development site. May be temporary or permanent.
“RETENTION BASIN.” A type of storage practice that has no positive outlet, used to retain storm water runoff for an indefinite amount of time. Runoff from this type of basin is removed only by infiltration through a porous bottom or by evaporation.
“RETURN PERIOD.” The average interval of time within which a given rainfall event will be equaled or exceeded once. A flood having a return period of 100 years has a 1% probability of being equaled or exceeded in any one year.
“RUNOFF.” That portion of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems.
“SEDIMENT.” Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
“SEDIMENTATION.” The process that deposits soils, debris and other unconsolidated materials either on the ground surfaces or in bodies of water or watercourses.
“SENSITIVE AREA.” Areas with highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. Includes water bodies in need of priority protection or remediation based on its:
(1) Providing habitat for threatened or endangered species;
(2) Usage as a public water supply intake;
(3) Relevant community value;
(4) Usage for full body contact recreation; and
(5) Limited use and outstanding state resource water classification as found in 327 IAC 2-1-11 and 327 IAC 2-1.5-19.
“SEWER.” May reference storm, sanitary, or combined water conduction facility.
“SITE.” The entire area included in the legal description of the land on which land-disturbing activity is to be performed
“SLOPE.” Degree of deviation of a surface from the horizontal, measured as a numerical ratio or percent. Expressed as a ratio, the first number is commonly the horizontal distance (run) and the second is the vertical distance (rise) - e.g. 2:1 However, the preferred method for designation of slopes is to clearly identify the horizontal (H) and vertical (V) components (length and width (W) components for horizontal angles). Also note that according to international standards (metric), the slope is presented as the vertical or width component shown on the numerator - e.g., 1V:2H. Slope expressions in this chapter follow the common presentation of slopes - e.g., 2:1 with the metric presentation shown in parenthesis - e.g., 1V:2H). Slopes can also be expressed in "percent". Slopes given in percent are always expressed as (100*V/H) - e.g., a 2:1 (JV.2H) slope is a 50% slope.
“SOIL.” The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
“SOLID WASTE.” Any garbage, refuse, debris, or other discarded material.
“SPILL.” The unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.
“STANDARDS.” The Town of Edinburgh Storm Water Standards.
“STORM EVENT.” An estimate of the expected amount of precipitation within a given period. For example, a ten-year frequency, 24-hour duration storm event is a storm that has a 10% probability of occurring in any one year. Precipitation is measured over a 24-hour period.
“STORM SEWER.” A closed conduit for conveying collected storm water, while excluding sewage and industrial wastes. Also called a storm drain.
“STORM WATER.” Water resulting from rain, melting or melted snow, hail, ice, or sleet.
“STORM WATER DRAINAGE SYSTEM.” All means natural or man-made, used for conducting storm water to, through or from a drainage area to any of the following: conduits and appurtenant features, canals, channels, ditches, storage facilities, swales, streams, culverts, streets and pumping stations.
“STORM WATER FACILITIES.” Various storm water and drainage works under the control or ownership of the town, county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, or regulate storm water.
“STORM WATER MANAGEMENT DISTRICT.” All land included in the town's corporate boundaries, as those boundaries may change from time to time. and any additional land in Johnson, Shelby, and Bartholomew Counties, Indiana which is subject to the jurisdiction of the DSM and/or pursuant to a validly executed interlocal agreement.
“STORM WATER POLLUTION PREVENTION PLAN (SWPPP).” A plan developed to minimize the impact of storm water pollutants resulting from construction activities.
"STORM WATER QUALITY MEASURE." A practice, or a combination of practices, to control or minimize pollutants associated with storm water runoff.
“STORM WATER RUNOFF.” The water derived from rains falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
“STORM WATER SERVICE CHARGE.” A charge imposed on users of the town's storm water collection, impounding, and transportation system.
“STORM WATER SYSTEM.” All constructed facilities, including combined sewers, structures and natural watercourses used for collecting and conducting storm water to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins, and pumping stations.
“STRIP DEVELOPMENT.” A multi-lot project where building lots front on an existing road.
“SUBDIVISION.” Any land that is divided or proposed to be divided into lots, whether contiguous or subiect to zoning requirements, for the purpose of sale or lease as part of a large common plan of development or sale.
“SURFACE RUNOFF.” Precipitation that flows onto the surfaces of roofs, streets, the ground, and the like, and is not absorbed or retained by that surface but collects and runs off.
“SWALE.” An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. SWALES conduct storm water into primary drainage channels and may provide some groundwater recharge.
“TOPOGRAPHIC INFORMATION.” Graphical portrayal of the topographic features of a land area showing both the horizontal distances between the features and their elevations above a given datum.
“TOWN.” The municipal corporation of Edinburgh, Indiana.
“URBANIZATION.” The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.
“WATER QUALITY.” A term used to describe the chemical, physical, or biological characteristics of water, usually with respect to its suitability for a particular purpose.
“WATER RESOURCES.” The supply of groundwater and surface water in a given area.
“WATERBODY.” Any accumulation of water, surface or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.
“WATERCOURSE.” Any river, stream, creek, brook, branch, natural or manmade drainageway in or into which storm water runoff or floodwaters flow either continuously or intermittently.
“WATERSHED.” The region drained by or contributing water to a specific point that could be along a stream, lake or other storm water facilities. WATERSHEDS are often broken down into subareas for the purposes of hydrologic modeling.
“WETLANDS.” Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(Ord. 2023-22, passed 12-28-23)