(A) Intent. The purpose of these environmental standards is to:
(1) Encourage the protection of unique environmental features; and
(2) Protect persons and property from the dangers presented by both the natural and built environments. Some of the following standards refer to complimentary state or federal regulations, that are not enforced by the county, in order to increase awareness of these regulations.
(B) General environmental standards applicable to all zoning districts.
(1) Land suitability. No land should be used, or structure erected where the land is unsuitable for such use or structure due to slopes, adverse soil or rock formations, erosion susceptibility, or any other feature determined by the Planning Director, County Surveyor, County Engineer, County Board of Health, or Plan Commission as likely to be harmful to the health, safety, and general welfare of the community.
(2) Preservation of natural features. Existing natural features such as mature trees, streams, lakes, wetlands, streamside riparian areas, floodplains, and similar assets should be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff and conserve the natural cover and soil.
(a) Wetlands. Wetland areas shall be managed consistent with all applicable standards of the U.S. Army Corps of Engineers, the Indiana Department of Environmental Management, U.S. Department of Agriculture, and other appropriate agencies.
(b) Streamside forests (riparian areas). All structures shall be set back a minimum of 25 feet from the top-of-bank, as determined by the County Surveyor. Within this required setback, preservation of native vegetation and minimal construction activity is encouraged subject to I.C. 36-9-27. Information produced by the National Resource Conservation Service as expressed in the Conservation Practice Standards for Riparian Forest Buffer (Code 391) or Forest Stand Improvement (Code 666) provide alternative sources for the managment of riparian areas.
(c) Floodplains. Floodplains shall be managed consistent with the Hancock County Code Chapters 152 and 154.
(d) Trees. When the preservation of existing trees is specified by the requirements of this chapter and/or by conditions placed on the approval of an application the following standards shall be met:
1. Construction activity. No construction activity damaging to the existing trees including the driving of construction vehicles and storage of construction materials shall occur within the drip-line of any tree to be preserved. Signs and construction fencing shall be used to demarcate the preservation areas.
2. Tree maintenance. All trees to be preserved shall be included in an easement recorded with the Hancock County Recorder within five days of Plan Commission approval. The easement shall include language that, subject to the approval of the Planning Director, requires the continued maintenance of the trees and prohibits the removal of healthy trees. Trees that are removed due to poor health, disease, or act of nature shall be replaced by the property owner prior to the conclusion of the next planting season (spring or fall, whichever is sooner). Replacement trees shall have a minimum trunk diameter of two inches, measured at 12 inches above the root ball.
(3) Conservation of historic features. Existing historic features (such as those listed as outstanding, notable, or contributing in the Indiana Dept. of Natural Resources Indiana Historic Sites and Structures Inventory - Hancock County Interim Report, listed in the National Register of Historic Places, or listed in the Indiana Register of Historic Sites and Structures), and similar irreplaceable assets should be preserved through harmonious and careful design.
(4) Ground cover. Any part or portion of a nonfarm parcel that is not used for structures, loading or parking spaces, sidewalks, etc. shall be landscaped or left in a natural state that complies with the applicable weed and nuisance ordinances of Hancock County. If landscaped, it shall be planted with an all season ground cover and with trees and shrubs in accordance with the requirements of this chapter and in keeping with the natural surroundings.
(5) Waste/debris. All properties shall at all times be maintained and used only in clean, neat and well-groomed conditions, free from all natural and man-made debris, junk, rubbish, trash, weeds, and similar items.
(a) Waste stored outdoors. No waste materials such as, but not limited to, garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm water bodies or ground water, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored, or discharged outside on any lot.
(b) Waste stored in structures. Waste shall not be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of such materials.
(c) Open dumping. Open dumping shall not be permitted in any zoning district.
(Ord. 2007-1B, passed 2-5-07)