§ 152.097 TERMS AND CONDITIONS OF APPROVALS, PERMITS.
   (A)   In granting a stormwater management approval, the county 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 §§ 152.110 through 152.113.
   (B)   The project site owner shall inform all general contractors, 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 county may require more stringent stormwater quantity and quality measures than detailed in this chapter 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 County Stormwater Quality Management Plan (SWQMP), Part B, dated November 2004, and its updates. 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 County Surveyor 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 County Drainage Board is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the County Drainage Board 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 County Drainage Board:
            1.   A floodway or floodplain as designated by the most updated county code dealing with floodplain regulation;
            2.   Land within a fluvial erosion hazard (FEH) corridor of the county streams as shown on the FEH maps created by the State Silver Jackets Fluvial Erosion Hazard Program, or any updates currently hosted on the county GIS website;
            3.   Land within 75 feet of each bank of any ditch within the county’s regulated drainage system; and
            4.   Land within 75 feet of the centerline of any drain tile or enclosed conduit within the county’s regulated drainage system.
         (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 County Drainage Board. Specific requirements for development within impact drainage areas are contained in the Hendricks County 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. 2017-03, passed 1-24-2017)