§ 152.002 APPLICABILITY; EXEMPTIONS.
   (A)   This chapter shall regulate all development and redevelopment occurring within the county, falling under the jurisdictional authority of the County Drainage Board, the County Surveyor, and the Clean Water Department. No building permit shall be issued and no land disturbance started for any construction in a development, as defined in § 152.007, until the plans required by this chapter for such construction have been accepted in writing by the county. With the exception of the requirements of §§ 152.020 through 152.026 and § 152.113, single-family dwelling houses in accepted subdivisions, new buildings (or cumulative building additions) with less than 500 square feet of area, and land-disturbing activities affecting less than 5,000 square feet of area shall be exempt from the requirements of this chapter. Also exempt from this chapter shall be the agricultural land-disturbing activities.
   (B)   County government projects shall be required to obtain a stormwater permit and are expected to meet all applicable technical requirements of this chapter and the Hendricks County Stormwater Technical Standards Manual.
   (C)   Any construction project which has had its final secondary drainage plan accepted by the county within a two-year period prior to the effective date of this chapter or the Hendricks County Stormwater Technical Standards Manual shall be required to only abide by those provisions that were in effect prior to this update.
   (D)   It is the policy of the County Drainage Board that any primary approval application received by the Drainage Board for development of real estate shall comply with all existing ordinances at the time of application to the Drainage Board.
   (E)   It is the policy of the County Drainage Board that all primary approvals by the Board are good for 24 months from the date of approval by the Board. After which time the County Drainage Board, based on the recommendation of the County Surveyor, may require a revised primary approval for said development.
   (F)   It is the policy of the County Drainage Board that all primary applications shall adhere to and comply with release rates determined by a detailed watershed study or additional information, if more restrictive than what is required in this chapter or its updates effective at the time of application.
   (G)   It is the policy of the County Drainage Board that all secondary approval applications shall adhere to and comply with the drainage ordinances effective at the time of application if the application is received within 24 months of the primary application approval.
   (H)   It is the policy of the County Drainage Board that all secondary applications shall adhere to and comply with release rates determined by a detailed watershed study or additional information, if more restrictive than what is required in this chapter or its updates effective at the time of application.
   (I)   The County Drainage Board and/or the County Surveyor has the authority to modify, add to, grant exemptions, and/or waive any and all the requirements of this chapter and its associated technical standards document. A pre-submittal meeting with county staff may be requested by the applicant to discuss the applicability of various provisions of the chapter and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of county staff that may be based on the review of more detailed information and plans.
(Ord. 2023-45, passed 12-12-2023)