Subsections (a) through (e) inclusive shall apply to the development of all structures which intentionally or unintentionally store, pool, retain and/or detain water as defined herein.
(a) The purpose of these regulations is to guide the development, design, maintenance and structural integrity of ponds, lakes or other water detention/retention structures in the Village. It is the purpose of these regulations to promote the public's health, safety and welfare by minimizing local nuisances, as well as potentially dangerous health and safety concerns, and to further the general harmony between and amongst neighbors.
(b) Ponds are considered permanent structures for the purposes of zoning administration and require a zoning permit. No pond shall hereafter be located, constructed, repaired, extended, enlarged, converted, or altered without full compliance with the terms of this Ordinance. All maintenance, construction, and/or related improvements to pond structures must be designed by the Allen Soil and Water Conservation Service, a licensed landscape architect and/or a certified professional engineer (PE) and be presented to the Planning Commission for review and approval prior to the issuance of a zoning permit.
(c) "Pond" shall mean a natural or artificially formed structure with an enclosed body of water more than six hundred (600) gallons.
(1) "Detention Pond" shall mean an artificially formed structure designed to hold storm water runoff, detaining it for a period of time before ultimately slowly discharging the water downstream. Detention ponds are to be designed to complementt large-scale residential, commercial and industrial developments. Detention ponds must be designed and constructed to the specifications of a licensed landscape architect and/or a professional engineer.
(2) "Retention Pond" shall mean an artificially formed structure designed to hold water year round with the capacity to accommodate a limited amount of storm water runoff. Retention ponds are reservoirs of natural water designed to enhance aesthetic elements of large-scale residential, commercial and industrial developments. Retention ponds must be designed and constructed to the specifications of a licensed landscape architect and/or a professional engineer.
(3) "Agricultural Ponds" shall mean a natural or artificially formed structure which serves as a reservoir of water for year round agricultural use. Agricultural ponds are to be used for agricultural based activities including aquaculture, hatcheries, hydroponics or irrigation and animal-related maintenance/production activities. Agricultural ponds may also support fire suppression due to the lack of access to municipal water services. The use of such ponds is limited and restricted to those activities supported by the owners. Agricultural ponds shall not engage in off farm commercial uses nor in any commercial recreational activities such as, but not limited to, fishing or swimming. Agricultural ponds shall not be located outside of an existing Agricultural District as identified by the Allen County Auditor. Agricultural ponds must be designed and constructed to the specifications of the Allen Soil and Water Conservation Service.
(4) "Aesthetic, Garden or Recreational Ponds" shall mean a natural or artificially formed structure which is intended to serve as a permanent reservoir of water serving aesthetic desires and/or as an activity center for year round use. Such ponds are to be designed for year round enjoyment and to further such activities such as wildlife habitats, swimming, fishing, ice skating, etc. Such ponds shall not engage in commercial uses nor in any commercial recreational activities without the appropriate zoning permit and requisite Health Department approval. Such ponds open to the public shall be subject to the safety conditions of Chapter 1137. Such ponds must be designed by the Allen Soil and Water Conservation Service, a licensed landscape architect or a professional engineer.
(d) Ponds not located in platted subdivisions shall not be located closer than thirty-five (35) feet from any non road right-of-way lot line and fifty (50) feet from the road right-of-way located on any parcel.
(1) Ponds shall be measured from the lot line and/or road right-of-way to the perpendicular edge of the high water line.
(2) Where mounding is present, ponds shall be measured from the base of the mound to the lot line and/or road right-of-way.
(e) Ponds shall be permitted as an accessory use in all districts, provided the plans, specifications and construction meet the demands of the respective authorized and approving bodies.
(1) Retention and Detention ponds shall be mandated in platted developments as approved by the Village of Elida Planning Commission and Village Council under the major subdivision process and engineered to further local concerns related to drainage, stormwater runoff and sediment control standards; such pond locations/designs shall be approved by the Allen County Engineer and considered exempt from minimum yard requirements as identified in Appendix A, Summary of District Zoning Regulations.
(2) Retention and Detention ponds shall be mandated in commercial developments approved by the Allen County Engineer under the Allen County Stormwater & Sediment Control Regulations and engineered to further local concerns related to drainage, stormwater runoff and sediment control standards; such pond locations/designs shall comply with the minimum yard requirements as identified in Appendix A, Summary of District Zoning Regulations.
(Ord. 1045. Passed 10-14-14.)