For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) BEST MANAGEMENT PRACTICES (BMPs). The schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, educational practices, maintenance procedures, and other structural or non-structural management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters or storm water conveyance systems. BMPs also include structural treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(B) CITY ENGINEER. The City Civil Engineer of the City of Lawrence and/or a subordinate employee of the City to whom there shall be specifically delegated a responsibility authorized by this chapter.
(C) EROSION. The detachment and movement of soil, sediment or rock fragments by wind, ice or gravity.
(D) EROSION CONTROL MEASURES. A practice or a combination of practices to control erosion and resulting sedimentation and/or off-site damages.
(E) EROSION CONTROL PLAN. A written description and site plan of pertinent information concerning erosion control measures.
(F) IMPACTED DRAINAGE AREAS. Those areas defined and mapped by the Board of Public Works and Safety pursuant to § 5-2-6-15, which are unlikely to be easily drained because of one or more factors such as topography, soil type or distance from adequate drainage facilities.
(G) ISSUE. A granted permission or release to take a specified action or construct a specified development. The issuance of a permit does not imply that the City is warranting or guaranteeing the correct performance of the activity nor the performance of the development by the permittee.
(H) LAND ALTERATION.
(1) Any on-site or off-site action taken relative to land which either:
(a) Changes the contour;
(b) Increases the runoff rate or volume;
(c) Changes the elevation;
(d) Decreases the rate at which water is absorbed;
(e) Changes the drainage pattern;
(f) Creates or changes a drainage facility;
(g) Involves construction, enlargement or location of any building on a permanent foundation; or
(h) Creates an impoundment.
(2) LAND ALTERATION includes: (by way of example and not of limitation) terracing, clearing, grading, excavating, constructing earthwork, draining, installing drainage tile, filling and paving.
(I) LAND DISTURBING ACTIVITY. Any human-made change of the land surface, including removal of vegetative cover, excavating, filling, transporting and grading. In the context of this chapter, agricultural LAND DISTURBING ACTIVITIES, coal mining activities permitted by the DNR under I.C. 14-34, and active landfills permitted by the Indiana Department of Environmental Management where the permit requires soil erosion control are excluded.
(J) MAINTENANCE. Cleaning out of, spraying, removing obstructions from and making repairs to a drainage facility so that it will perform the function for which it was designed and constructed.
(K) MASTER PLAN. Watershed master plans which provide a framework of developmental controls for specific geographic areas through assessment of existing storm management facilities, with consideration given to factors including but not limited to: capacity, condition, maintenance, storm water quality and capital improvement needs.
(L) NPDES. National Pollutant Discharge Elimination System. Regulations for storm water discharges are described in the Federal Register, 40 C.F.R. pts. 122, 123 and 124.
(M) OCCUPANT. The person, firm, partnership, association, corporation, business trust, joint stock company, unincorporated organization, religious or charitable organization, or any owner, person, persons or entities who are from time to time in possession of or exercising dominion and control over any house or other structure located on private property.
(N) OPERATOR. The person or persons who, either individually or collectively, meet the following two criteria: they have financial and operational control over the facility specifications (including the ability to make field modifications in specifications); and they have the day-to-day financial and operational control over those activities at the facility necessary to ensure compliance with the Storm Water Pollution Prevention Plan and any permit conditions. The term OPERATOR fits within the definition of OCCUPANT. This is also identified as the one(s) required to submit the Notice of Intent (NOI) and is required to comply with the terms set forth in 327 I.A.C. 15-5 and 327 I.A.C. 15-13 and this chapter.
(O) OWNER.
(1) The owner or owners in fee simple of a parcel, including the life tenant or tenants, if any;
(2) The record owner or owners as reflected by the most current records in the Lawrence Township Assessor’s Office; or
(3) The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.
(P) PERSON. Any individual, partnership, firm, association, joint venture, public or private institution, corporation, trust, estate, commission, county, City, town or other legal entity having legal title to or proprietary interest in the land sought to be altered under this chapter.
(Q) REGISTERED PROFESSIONAL. A person who by training and professional registration is qualified to perform certain storm water management facility designs. For the purposes of this chapter the following list of registered professionals, if personally qualified, may perform design of all non-Class 1 surface and subsurface storm water systems up to five acres in contributing drainage area, and may design detention facilities for which downstream analysis is not required: professional engineers, professional landscape architects, professional geologists, professional soil scientists, registered land surveyors, and professional hydrologists. For larger drainage areas, for detention requiring downstream analysis, for all Class 1 sewer and more complex designs (at the sole discretion of the City Civil Engineer), REGISTERED PROFESSIONAL shall mean a professional engineer registered in the State of Indiana.
(R) REPAIR. Work required to bring an existing storm water facility to a condition which equals or improves the approximate level of conveyance and/or control of storm water runoff provided by its original construction utilizing like or equivalent materials and installation methods.
(S) STORM WATER FACILITY. A structural or manufactured device or devices used to convey and/or control the characteristics of storm water runoff including, but not limited to, the quantity and quality, the period of release and/or the area and velocity of flow. STORM WATER FACILITIES may include, by way of example and not limitation: ditches, channels, closed conduits, detention/retention systems, levees, ponds, natural and human-made impoundments, and swales, and manufactured or other storm water quality treatment systems.
(T) STORM WATER MANAGEMENT REQUIREMENTS.
(1) All applicable drainage design, construction and installation, erosion and sediment control, regulatory and storm water requirements and standards established under this chapter.
(2) Regulations and master plans promulgated by the Board of Public Works and Safety under the authority of this chapter.
(3) Obligations and requirements relating to drainage established under the Subdivision Control Ordinance of Marion County, Indiana.
(4) Requirements stated under the effective Flood Control Districts Controlling Ordinance of Marion County.
(5) Requirements of 327 Indiana Administrative Code Article 15 (327 I.A.C.-15).
(6) Commitments relating to drainage made pursuant to I.C. 36-9-27.
(7) Conditions relating to drainage attached to a grant of variance by the Lawrence Board of Zoning Appeals or any board of zoning appeals.
(U) STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A plan developed to minimize the impact of storm water pollutants resulting from construction activities.
(V) STORM WATER STANDARDS. The provisions of this chapter and any regulations promulgated by the Board of Public Works and Safety pursuant to the authority granted herein.
(Ord. 6, 2008, passed 5-5-2008)