(A) Special exception required. No person shall transfer, dump, or place upon lands, public or private, solid fill within unincorporated Lake County, Indiana without first obtaining a special exception under this section. Solid fill shall include, soil, gravel, sand, clay, or stone. Solid fill shall not include construction and demolition debris, concrete, asphalt, brick, block, tile, slag, ash, or fly ash. Solid fill shall be clean, inert material free from vegetative or other organic matter, yard waste, trees, branches, stumps, brush, garbage, and material subject to organize decomposition. Solid fill containing items such as hollow containers, appliances, and equipment subject to subsequent collapse or settlement is prohibited. Deposit of any solid fill of a non-native nature is prohibited. Also, solid fill does not include materials contaminated with hazardous, solid or infectious wastes.
(B) Exemptions. No special exception shall be required for the following:
(1) The transfer, excavation, dumping, or placement on any property outside of a subdivision (including contiguous property under the same ownership and within one 365-day period), of less than ten cumulative cubic yards of solid fill;
(2) The deposit of less than 50 cumulative cubic yards of topsoil (the upper layer of soil, usually darker and richer than the subsoil) outside of a subdivision for establishing lawns or planting beds, within one 365-day period;
(3) Excavation associated with the establishment of a foundation or foundations for any structure subject to an approved building permit;
(4) Filling pursuant to the requirements of an approved building or demolition permit;
(5) Customary top dressing or fertilizing of lawns and gardens;
(6) The deposit or application of solid fill on the site of a public project authorized by the appropriate public agency of the county.
PUBLIC PROJECT, as used in this subdivision, means any road, park, public building, or other public work. Compliance with the conditions listed under division (F) below is mandatory with respect to any authorized public project.
(7) The deposit or application of solid fill allowed or required under the Stormwater Management and Clean Water Regulations Ordinance for Lake County, Indiana. Compliance with the Conditions listed under division (F) below is mandatory with respect to any authorized public project.
(C) Application. Application for a special exception to transfer, place, or dump solid fill within unincorporated Lake County shall be made by the owner of the lands to be filled or his or her designated agent in writing and submitted to the Lake County Plan Commission on forms made available at the Lake County Plan Commission (Commission) Office and which forms have been approved by the Commission. The completed application shall be filed with the Commission by the tenth day of the month prior to the month that the Commission considers the application at their regularly scheduled meeting. A separate special exception shall be obtained for each act of filling. The applicant shall set forth in the application the following information and attachments, as well as any other information required by the special exception application form:
(1) Location of solid fill operation;
(2) Proposed route for hauling solid fill;
(3) Number, type, size and license number of trucks to be used;
(4) Proposed trucking schedule, number of days, and time of day;
(5) Equipment (other than trucks) involved in the solid fill operation;
(6) Quantity of solid fill to be moved, excavated, or deposited;
(7) Description (including maps) of work to be done;
(8) Proof of suitable access, including any licenses or permission necessary;
(9) A description of the purpose of the solid fill operations;
(10) A plan or drawing, signed and sealed by an Indiana registered land surveyor or Indiana licensed professional engineer containing;
(a) A legal description of the property;
(b) A drawing of the property containing the exterior boundaries of the property with referenced to a United States Land Survey Corner;
(c) Indication of any special flood hazard areas contained on the property;
(d) Date, scale, and "north" arrow;
(e) Name and address of the owner, petitioner, and surveyor or engineer preparing the site plan;
(f) A small scale drawing of the section or government subdivision where the property lies, with the property clearly identified therein;
(g) Location and names of owners of adjoining parcels of land, including owners of land across any right-of-ways, easements, waterway, ditch or tributary, or the like;
(h) Necessary plan views, profiles, cross-sections, and detailed drawings describing the area to be filled along with existing and proposed topography, contours (at minimum two-foot intervals), and drainage patterns before and after the completion of the project (two drawings will be necessary);
(i) The location and elevation to which the proposed filling will be made in relation to the elevation of adjoining streets or other public ways, easements, railroad or utility right-of-ways, parks cemeteries, water courses, drainage ditches, swamps, low areas subject to flooding, buildings, bridges, improved or unimproved properties, and any other pertinent data as determined by the Commission. If there are no adjoining improved streets within any reasonable distance, the County Highway Engineer and Lake County Surveyor shall determine the maximum allowable elevation of the filled area above which no further filling shall be made. In no case shall the proposed filling occur above the height limitation set down in the Unincorporated Lake County Zoning Ordinance by district, using the original undisturbed contours as the beginning elevation from which to measure the allowable height;
(j) The water elevation of adjoining lakes or streams at the date of the site plan and the approximate high and low elevations of the lake or stream. All elevations shall be referred to NAVD 88 Vertical Datum;
(k) If the boundaries of the filled area border a lake or stream, the distances or bearings of a meander-line established not less than 20 feet back from the ordinary high water mark of the lake or stream;
(l) The location of any existing or proposed buildings or structures on the property or within 50 feet of any property line;
(m) Plans for all retaining walls or fencing, if proposed or necessary;
(n) Phase I Environmental Site Assessment (ESA) is required to be submitted with a solid fill permit application for placing 500 cubic yards or more of solid fill on a site in any residential zoning district classification or ,1000 cubic yards or more of solid fill in any zoning district.
(o) Indication of the gross land area of property to be filled;
(p) Dimensions of the filled area; and
(q) Any other information or items which may be required by the Planning Staff or Commission necessary for review.
(11) Identification of the soil type and source of solid fill to be utilized in any solid fill operation and method of compaction to be employed;
(12) Proof or evidence showing payment of all taxes and assessments to date against the property in question;
(13) Written approval of compliance with the Lake County Surveyor Storm Water Ordinance (as amended), erosion control, and any other related ordinances or codes as may be required (this shall include appropriate measures to prevent any adverse or negative effect to neighboring properties);
(14) Written comments from the Lake County Highway Department regarding the entrance to the property and proposed haul route along Lake County roadways or any other adverse affect a hauling operation may have on public ways or places;
(15) Any approvals or comments from any federal, state, or local agency that may be required.
(D) Fee. Commensurate with the approved fee schedule for special exceptions.
(E) Financial assurance. The applicant or petitioner shall provide financial assurance necessary to provide security for performance of the work, protection of public property, human health, the environment, and indemnification of unincorporated Lake County for its costs and fees. All persons, firms, or corporations requesting and receiving approval shall give surety to Lake County in the amount of 100% of the project cost to be approved by the Lake County Commissioner's Attorney as to form and by the Lake County Board of Commissioners as to sureties and to be conditioned that the person, firm, or corporation conducting the solid fill operation shall conform with this section and any specifications, rules, regulations, commitments or conditions prescribed by the Commission in their approval. Further, whereupon the legislative body acts to approve a special exception for a solid fill operation, it is understood and expressly implied that any person, firm, or corporation who conducts such a solid fill operation shall protect, save harmless, and pay Lake County for any and all liability, damages and expenses which Lake County may sustain by reason of granting the special exception.
(F) Conditions. The approval of any special exception for the placement of solid fill shall be subject to the following conditions:
(1) That the filling operation will not create noise, traffic or other problems detrimental to any residential community in the area of filling;
(2) There shall be no filling between the hours of 5:00 p.m. and 7:00 a.m. on weekdays or at any time on Saturday, Sunday, or a federal or state holiday;
(3) The Commission shall set the number of trucks involved based on the location of the solid fill operation and the traffic conditions in the area;
(4) Special Exceptions for solid fill operations shall be for a period not to exceed six consecutive months in a calendar year.
(5) Special exceptions for subsequent periods when total filling operations exceed six consecutive months will be subject to conditions and fees governing a new initial application;
(6) Special exceptions for solid fill operations shall be subject to all of the conditions set forth by the legislative body in their approval;
(7) Applicant or petitioner shall satisfy all of the requirements of the special exception;
(8) Special exceptions shall be subject to the complete, valid and accurate maintenance of all of the required conditions of approval;
(9) Solid fill shall not be left in a rough or unleveled condition for more than ten consecutive days;
(10) Erosion control shall be installed and maintained at least for 60 days after the completion of the solid fill operation;
(11) The solid fill site shall be seeded and mulched with 30 days after becoming an inactive site.
(12) A solid fill site that does not receive solid fill for 30 days is an inactive site. Any attempt to activate a site that does not receive fill for 30 days shall be treated as a new request for the placement of solid fill.
(G) Hazardous waste prohibited. No solid fill may be deposited in Unincorporated Lake County, whether pursuant to special exception or exempt from permitting under this section, which solid fill constitutes hazardous waste under state or federal law. The Commission, or designee, may order immediate removal of any solid fill which constitutes hazardous waste.
(H) Licenses and drainage courses. Solid fill operations shall also be subject to applicable county, state, or federal license or permit requirements. Solid fill operations shall not block or divert a natural drainage course without proper permits.
(I) Permit. The Commission is authorized to issue a solid fill permit to each applicant when satisfied that the applicant meets the conditions of this section and has received approval from the legislative body. The permit shall be in the form of a written letter signed by the Executive Director of the Commission briefly outlining the final approval and should contain the ordinance approved by the legislative body.
(J) Appeal. Any person who unduly aggrieved by a decision of the legislative body regarding a special exception granted under this section may file a timely appeal under I.C. 36-7-4-1003 with the circuit or superior court of Lake County, Indiana.
(K) Penalty. Any person who violates this section or who fails to comply with the terms and conditions of the special exception shall be subject to fines and penalties. Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any provision or this section shall be guilty of a misdemeanor and upon conviction shall be fined an amount specified under division (E) above. Each day of the existence of any violation shall be deemed a separate offense.
(L) Responsibility for violations. Property owners shall be responsible for violations of this section on their property. In addition, any person performing any work or labor in unincorporated Lake County shall be responsible for any violation of this section by such person or by any agent or employee. A subcontractor, and the agents or employees of a subcontractor, for the purposes of this section, shall be considered agents or employees of a property owner. Also, any and all contractors shall be licensed to conduct excavating or filling commensurate with the Unincorporated Lake County Licensing Ordinance.
(M) Prohibition on obstruction of drainage. In no event shall the deposit or transfer of solid fill, whether subject to a special exception under this section, obstruct the natural flow of drainage from one property to another, nor shall the deposit or transfer of solid fill negatively affect any neighboring property by changing drainage patterns to increase or channel the flow onto another property.
(N) Final elevations. Within 30 days after the termination of the excavation, final elevations certified by an Indiana registered land surveyor shall be presented to the Commission. Stated final elevations to the nearest one-tenth of a foot shall be in conjunction with elevations that were designated on the site plan approved by the Commission.
(O) Legislation this section does not affect. This section shall not be confused with or applicable to Section 2.10 of the Unincorporated Lake County Zoning Ordinance regarding Soil or Sand Excavation. Also, this section shall not be confused with or applicable to Section 8.3 of the Unincorporated Lake County Zoning Ordinance regarding quarries, borrow pits, landfills, sand mines, or peat mines which each require their own separate zoning district classification.
(Ord. 2289, passed 1-12-2010)