(A) In granting a stormwater management approval, the town 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 approvals will be subject to enforcement as described in §§ 53.105 through 53.108.
(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 stormwater management approval/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 town may require more stringent stormwater quantity and quality measures than detailed in this chapter, the Stormwater Technical Standards, or in the Indiana Stormwater Quality Manual.
(1) 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 can be found in the latest edition of Hancock County Storm Water Quality Management Plan (SWQMP) - Part B. 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 this subchapter. The presence of threatened or endangered species habitat will be evaluated by the town during the approval/permit review process. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management approval.
(2) Determination of impact drainage areas.
(a) The town is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the town shall consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility. The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the town:
1. A floodway or floodplain as designated by the most updated Fortville Town Code dealing with floodplain regulation.
2. Land within a Fluvial Erosion Hazard (FEH) corridor of Hancock County streams as shown on the FEH maps created by the Indiana Silver Jackets Fluvial Erosion Hazard Program or any updates, currently hosted on the Hancock County GIS website.
3. Land within 75 feet of each bank of any ditch within the Hancock County’s regulated drainage system.
4. Land within 75 feet of the centerline of any drain tile or enclosed conduit within the Hancock County’s regulated drainage system.
5. Land within the expected breach inundation zone of an existing or proposed new dam, land within the inundation zone behind an existing or proposed new dam assumed full of water to the top of the dam, and areas protected from flooding by a levee.
(b) 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 town.
(c) Specific requirements for development within impact drainage areas are contained in Fortville Stormwater Technical Standards Manual. Additional special terms and conditions for development within any impact drainage area shall be included in the stormwater management approval.
(Ord. 2020-1E, passed 1-6-20)