(A) The Commission shall reject any proposed subdivision which has lots platted with the building area situated in any of the following areas:
(1) Flood plains or flood ways, as defined by the Department of Natural Resources.
(2) Areas subject to flooding with 100-year frequency floods, as determined by the Department of Natural Resources or defined by the soil survey as being Genesee, Shoals or any other soil series occurring on the first bottoms of streams. However, in no case shall it be necessary to exceed the 100-year flood elevation.
(3) Areas designated by the soil survey as being Carlisle Muck, Linwood Muck or any other soil series identified as organic soils.
(B) Drainage facilities shall be provided as follows;
(1) All lots in a subdivision being developed will be provided with subsurface drainage connected into a working drain, hereinafter called an outlet, of the following type;
(a) Regulated drain;
(b) Natural stream;
(c) Storm sewers; or
(d) Existing open ditch.
(2) A storm drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area which drains onto the subdivision. All areas draining onto the site will be considered as fully developed for purposes of designing necessary drainage facilities.
(3) All storm and subsurface drainage facilities necessary to provide adequate surface or storm water drainage will be installed by the developer.
(4) All storm sewers and subsurface drains will be designed and installed in accordance with procedures and standards set forth by the County Drainage Board.
(5) Any storm sewer or subsurface drain in working condition that is cut through or otherwise disturbed will be reconstructed around the construction area, subject to the approval of the Commission.
(6) The subsurface drainage requirement for individual lots may be waived if, in the opinion of the Commission, based upon the soil survey, the soil is of a type that does not have a seasonal water table above four feet from the surface of the undisturbed soil.
(7) No portion of any drainage system either surface, storm or subsurface including roof downspouts shall be permitted to empty into any sanitary sewer system.
(8) Houses will not be constructed in natural drainageways.
(9) All storm sewers and subsurface drainage facilities shall be provided with drainage easements as provided in § 152.44.
(C) The plans and specifications herein called for shall include the data necessary to determine whether or not the proposed installation will be adequate. The plans shall be submitted to the County Drainage Board for review and approval prior to final approval of the subdivision.
(D) Where proposed structures will penetrate the normal high water table, basements or crawl spaces shall be provided with peripheral drainage and be approved by the Director.
(E) Maintenance of drain systems.
(1) The developer or owner of each proposed subdivision shall dedicate easements for drainage, not less than 16 feet in width, on the plat of such subdivision, in which easements the drainage system for such subdivision shall be installed.
(2) The drainage easements, as provided in division (E)(1), shall run in favor of the County Drainage Board, which Drainage Board shall have perpetual jurisdiction to repair and maintain the drainage system in each subdivision as hereinafter provided.
(3) In the event that the owner of a lot in any subdivision, approved and platted after the effective date of this chapter, believes that the drainage system in such subdivision is not operating properly and is in need of repair, such owner shall file a written petition with the County Drainage Board, which petition shall set forth the name of the subdivision, the location of the requested repair, and a brief description of the problem necessitating the requested repair.
(4) Upon receipt of such petition, the County Drainage Board shall direct the County Surveyor to make an investigation of the requested repair. The County Surveyor shall make such investigation and file a written report therein to the County Drainage Board within ten days from the date upon which he or she receives the order for investigation. The surveyor's report shall include the following:
(a) An opinion as to whether the drainage system is in need of repair.
(b) An opinion as to the cause of the alleged drainage problem.
(c) An opinion as to the best method to correct such problem.
(d) The lots in such subdivision that are adversely affected by the drainage problem in question.
(e) An estimate of the cost to make the necessary repairs.
(5) Upon the filing of the surveyor's report, the County Drainage Board shall set a hearing on the petition for repair and the surveyor's report. Notice by ordinary mail shall be given to the owners of all lots affected as shown on the surveyor's report, and notice to the public shall be given by one publication in the Kokomo Tribune not less than five days prior to the hearing. At the hearing, the County Drainage Board shall make findings on each of the items contained in the surveyor's report.
(6) If the County Drainage Board shall find that the alleged problem with the drainage system is the sole fault of the owner of the lot where the problem is located, the Board shall order that such owner make the repairs necessary to correct such drainage problem within a reasonable time. In the event that such owner refuses or fails to comply with the order within the time specified by the County Drainage Board, the County Drainage Board shall have the right, power and authority to enter upon such real estate to make necessary repairs to the drainage system. If the County Drainage Board completes the repairs under the above provision, the cost thereof shall be paid from the County General Drain Fund, and the owner of the real estate where the repair was made shall be charged the entire cost thereof. If the owner fails to pay such sum into the County General Drain Fund within 30 days from the date of mailing the billings, then the amount of such cost, together with a penalty of 10% of such costs, shall be certified to the County Treasurer by the Secretary of the County Drainage Board, and the amount so certified shall be added to the owner's real estate tax statements or duplicates and shall be collected at the next consecutive time that real estate taxes become payable following such certification. Such certification shall contain a complete legal description of the lot and the name of each owner thereof. The Secretary shall also cause a copy of such certification to be recorded in the County Recorder's office.
(7) If the County Drainage Board finds that the problem with the drainage system was not caused by the fault of any one person or owner, then it shall order that the necessary work to correct such problem be done, and shall order that each lot owner affected by such a repair shall pay his or her proportionate share of the cost thereof. Upon the receipt by the County Drainage Board of a claim for the cost of such work, the Drainage Board shall mail a statement of the proportionate share of such cost to each affected lot owner, and each owner shall pay such amount billed into the County General Drain Fund within 30 days from date of mailing of the bill. If any such owner fails to pay such bill within 30 days from the date of the mailing thereof, then the amount of such unpaid bill, together with a penalty of 10%, shall be certified to the County Treasurer by the Secretary of the County Drainage Board, and the amount so certified shall be added to such owner's real estate tax statement or duplicates and shall be collected at the next consecutive time that real estate taxes become payable following such certification. Such certification shall contain a complete legal description of the lot and the name of each owner thereof. The Secretary shall also cause a copy of such certification to be recorded in the County Recorder's office.
(8) From and after the effective date of this chapter, each plat submitted for approval shall contain a covenant or other statement referring to § 152.65(E)(1) through (7), which covenant or statement shall read substantially as follows: “This subdivision is subject to the provisions of § 152.65(E)(1) through (7), inclusive, of the Howard County Subdivision Control Ordinance, as amended, which provides for the repair and maintenance of drainage systems in subdivisions, including the assessment of owners of lots to pay for the cost of repair and maintenance.”
(F) A developer may petition the County Drainage Board to establish a regulated drain for all of the lots in the proposed subdivision without notice being issued as provided under I.C. 36-9-27-57 through 36-9-27-63 upon the condition that, upon information furnished to him or her by the developer, the County Surveyor issues his or her certificate to the County Drainage Board that no property owners other than the developer will be affected by the regulated drain petitioned for.
(G) A developer petitioning for a regulated drain under the provisions of division (F) shall pay all of the costs of such a petition including the attorney fees for bringing such petition and shall waive notice of hearing on the petition other than that served upon his or her attorney. Any such petition for a regulated drain filed under division (F) or this division shall comply in form and content with the provisions contained in I.C. 36-9-27-54.
(BCC Ord. 1977-38, passed 12-19-77; Am. BCC Ord. 1993-9, passed 3-22-93) Penalty, see § 10.99