(A) Purpose. Any person or entity performing work within the watershed or easement of a regulated drain shall conform to the requirements set out in this section. Any structure or improvement installed in a regulated drainage easement must have the approval of the County Surveyor’s Office, and also the location of that structure or improvement must comply with the County Surveyors Office’s standards. The standard is a minimum vertical separation of 48 inches above the top of the storm structure, or 48 inches below the invert/flow line of all regulated drains. If running parallel to the regulated drain, the standard is a minimum horizontal separation of ten feet from the centerline of the tile/top of the bank, as determined by the County Surveyor. Exceptions to these standards may be approved, as long as they do not adversely affect the integrity of the drainage system, or violate the approved engineering design. However, any relocation or exposure of structures, facilities, or utilities shall be at the expense of the owner/applicant, and not the county. Exposing a structure, facility, or utility, or its relocation, must be scheduled with a completion date approved, within five days after receiving notice from the County Surveyor’s Office and/or the County Drainage Board, excluding Saturdays, Sundays, and holidays.
(B) Outlets.
(1) Any person, partnership, corporation, or any other entity seeking to discharge any municipal, private, or mutual drains into a regulated drain under the jurisdiction of the County Drainage Board shall make application to the County Surveyor’s Office.
(2) All drainage outlets are to be in compliance with Title XV, Chapter 152.
(3) For drainage outlets, the County Surveyor and/or the County Drainage Board may require an applicant to provide a drainage narrative analysis, and calculations to ensure compliance with Title XV, Chapter 152.
(4) For drainage outlets, the County Surveyor and/or the County Drainage Board may determine that the above-mentioned narrative analysis and drainage calculations, in division (B)(3) above, need to be reviewed by an outside engineering consultant. This review would be at the expense of the applicant, per § 37.27.
(5) All applications shall be on forms provided by the County Surveyor and shall meet the specifications set out herein. Such application shall contain any plans, specifications, and any other information as deemed necessary by the County Surveyor. Applications shall be signed by the owner of record or his or her agent. If signed by the agent, it shall be noted as to the agent’s capacity (for example, a contractor, realtor, engineer, attorney, surveyor, and the like).
(6) Multiple outlets for the same drain may be included on the same outlet request permit form if outlets occur on the same tax parcel. Multiple outlets for the same drain on separate tax parcels shall require separate outlet request permit forms. Multiple outlets occurring on the same tax parcel, but for separate drains, shall require a separate outlet request form for each drain involved. Each outlet shall be charged separately.
(7) A direct outlet shall be considered as any drainage facility outletting directly into a regulated drain without utilizing a private or mutual drain or municipal storm drainage facility, or natural or human-made watercourse.
(8) The County Surveyor’s Office shall charge application fees to any persons, partnership, corporation, or any other entity filing an application to discharge private or mutual drains into a regulated drain under the jurisdiction of the County Drainage Board, per § 37.27.
(C) Crossings.
(1) Any person, partnership, corporation, or any other entity seeking to cross under, over, or through a regulated drain under the jurisdiction of the County Drainage Board with any structure or improvement shall make application to the County Surveyor’s Office.
(2) All applications shall be on forms provided by the County Surveyor, and shall meet the requirements set out therein. Such application shall contain any plans, specifications, and any other information as deemed necessary by the County Surveyor. Applications shall be signed by the owner of record, or his or her agent. If signed by the agent, it shall be noted as to the agent’s capacity (for example, a contractor, realtor, engineer, attorney, surveyor, and the like).
(3) The Surveyor’s Office standard for all crossings is a minimum vertical separation of 48 inches above the top of the storm structure, or 48 inches below the invert/flow line of all regulated drains.
(4) Multiple crossings for the same drain may be included on the same crossing request permit form if crossings occur on the same tax parcel. Multiple crossings for the same drain on separate tax parcels shall require separate crossing request permit forms. Multiple crossing occurring on the same tax parcel, but for separate drains, shall require a separate crossing request permit form for each drain involved. Each crossing shall be charged separately.
(5) Utility projects affecting multiple drains shall require separate request forms for each drain affected. Utility projects affecting a single drain, but multiple tax parcels, shall require a single request form.
(6) The County Surveyor’s Office shall charge application fees to any person, partnership, corporation, or association who applies for authority to cross under, over, or through a regulated drain under the jurisdiction of the County Drainage Board with any structure or improvement, per § 37.27. The fee will be waived for utilities operating within a new subdivision. A NEW SUBDIVISION refers to a development granted final approval by the County Plan Commission within the last 24 months.
(D) Encroachment of an easement.
(1) Any persons, partnership, corporation, or any other entity seeking to encroach within a regulated drainage easement with any structure, landscaping, or other improvement must make application to the County Surveyor’s Office, and shall gain approval by the County Drainage Board and/or the County Surveyor for the proposed encroachment. Notice of all approved encroachments shall be made of record with the County Drainage Board.
(2) Filing an application must precede any encroachment onto a regulated county drainage easement. If approved by the County Drainage Board, the Board will not enforce its regulated drainage easement beyond a specified distance from the tile or open drain. However, if future work is required on the regulated county drain, the county will not be responsible for damages to any structure, landscaping, or other improvement made within the regulated drainage easement.
(3) All applications shall be on forms provided by the County Surveyor and shall meet the requirements set out therein. Such application shall contain any plans, specifications, recorded deed, any easement agreements, and any other information as deemed necessary by the County Surveyor. Applications shall be signed by the owner of record.
(4) The Surveyor’s Office standard for all encroachments is a minimum horizontal separation of ten feet from the centerline of the tile/top of bank of all regulated drains, as determined by the County Surveyor.
(5) Multiple encroachment requests for the same drain may be included on the same request form if encroachments occur on the same tax parcel. Multiple encroachment requests for the same drain for separate tax parcels shall require separate request forms. Multiple encroachment requests occurring on the same tax parcel, but for separate drains shall require a separate request form for each drain involved. Each request shall be charged separately per the request form.
(6) Utility encroachment for projects affecting multiple drains shall require separate request forms for each drain affected. Utility encroachment for projects affecting a single drain, but multiple tax parcels, shall require a single request form.
(7) The County Surveyor’s Office shall charge application fees to any person, partnership, corporation, or association filing an application for an encroachment agreement pursuant to I.C. 36-9-27-33, per § 37.27. These fees include the fee charged by the County Recorder for recording the encroachment agreement. The fee will be waived for utilities operating within a new subdivision. A new subdivision refers to a development granted final approval by the County Plan Commission within the last 24 months.
(E) General requirements.
(1) No part of any filing fee for an outlet, crossing, or encroachment shall be returnable to the applicant. All monies shall be payable to the County Drainage Board. The County Surveyor’s Office shall maintain records of the fees collected pursuant to this section. The fees collected under this section shall be periodically remitted to the County Treasurer and shall be deposited in the appropriate Regulated Drain Maintenance Fund. No application fee shall be required to be paid by units of government for construction, maintenance, or remodeling of any public facility.
(2) The fees outlined for outlets, crossings, and encroachments in this section include application review, initial inspection, and one reinspection.
(3) Approvals received by the applicant from other agencies, departments, or municipalities shall not constitute approval for outletting, crossing, or encroachment by the County Surveyor or Drainage Board.
(4) Failure to comply with this section shall be subject to the County Surveyor taking any one, or more, of the following actions:
(a) Posting of a stop-work order on the project;
(b) The procurement of an irrevocable letter of credit or cashier’s check;
(c) A denial for further stormwater permits and/or approvals for the subject project in non-compliance with this section; and/or
(d) All legal remedies including, but not limited to, injunctive relief.
(5) The owner, developer, contractor, and/or utility shall provide notification to the County Surveyor’s Office 72 hours prior to commencement of any work, except in cases of an emergency. A stop-work order shall be issued by the Surveyor’s Office for all projects which are proceeding without the required notification of work.
(6) Once construction begins, the contractor shall be responsible for notifying the County Surveyor’s Office of the following:
(a) If work is to be performed on weekends and/or holidays; or
(b) Before the stormwater structures are backfilled, no connection or crossings of regulated drains shall be backfilled without an opportunity being given to the County Surveyor’s Office for an inspection. Failure to comply with this requirement shall result in the excavation of the connection, crossing, or encroachment so as to provide inspection.
(Ord. 2001-28, passed 11-26-2013) Penalty, see § 50.99