(A) The following general environmental standards shall be applicable to all zoning districts.
(1) Land suitability. No land should be used, or structure erected where the land is unsuitable for that use or structure due to slopes, adverse soil or rock formations, erosion susceptibility, or any other feature determined by the Planning and Zoning Administrator, County Surveyor or Plan Commission as likely to be harmful to the health, safety and general welfare of the community.
(2) Preservation of natural features. Existing natural features such as mature trees, streams, lakes, wetlands, streamside riparian areas, floodplains and similar assets should be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.
(a) Wetlands. Wetland areas shall be protected and managed consistent with all applicable standards of the United States Army Corps of Engineers, the State Department of Environmental Management, United States Department of Agriculture and other appropriate agencies. Wetlands are critical to reducing pollutants.
(b) Streamside forests (riparian areas). All structures shall be set back a minimum of 25 feet from the top-of-bank, as determined by the ordinance. Within this required setback, preservation of native vegetation is encouraged and construction activity should be limited. Banks and uplands shall be stabilized.
(c) Floodplains. Floodplains shall be managed consistent with the City Utilities and Stormwater Board. Refer to the Chapter 56: Stormwater Management, of Volume One of the city code.
(d) Stormwater runoff. Other NPDES Phase II Best Management practices (BMPs) including vegetated swales and retention basin, bioretention facilities and rain gardens should be used to channel and contain stormwater runoff.
(e) Trees. When the preservation of existing trees is specified by the requirements of this ordinance and/or by conditions placed on the approval of an application the following standards shall be met:
(1) Construction activity. No construction activity damaging to the existing trees including the driving of construction vehicles and storage of construction materials shall occur within the drip-line of any tree to be preserved. Signs and construction fencing shall be used to demarcate the preservation areas and this information shall be shown on demolition, grading and landscaping plans.
(2) Tree maintenance. All trees to be preserved shall be included in an easement which prohibits the removal of healthy trees. Trees that are removed due to poor health, disease or act of nature shall be replaced by the property owner prior to the conclusion of the next planting season (spring or fall, whichever is sooner).
(f) Waste stored outdoors. No waste materials such as, but not limited to, garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm water bodies or groundwater, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored or discharged outside on any lot.
(g) Waste stored in structures. Waste shall not be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of those materials.
(h) Open dumping. Open dumping shall not be permitted in any zoning district.
(B) Soil survey, drainage, erosion and sediment control.
(1) Basic requirements. Before granting an improvement location permit or a land disturbance/grading permit, the Planning and Zoning Administrator shall be satisfied that the proposed development meets the applicable criteria set forth herein for the tract of land concerning types of soils involved, and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage. The Administrator shall be guided by the information set forth in the findings in the National Cooperative Soil Survey prepared by the United States Department of Agriculture (USDA) Soil Conservation Service (now Natural Resources Conservation Service - NRCS) in cooperation with the Purdue Experiment Station and the State Department of Natural Resources, Soil and Water Conservation District as well as the specifications set forth herein. The Administrator may also be guided by advice from the USDA NRCS, County Soil and Water Conservation District, County Drainage Board, State Department of Natural Resources Division of Water, State Department of Environmental Management and other agencies or officials offering technical assistance on the subjects of soils, drainage, erosion and sediment control. The applicant shall provide the information, report or plan required for his or her application; and any expense necessary to ensure adequate information, report or plan shall be met by the applicant.
(2) General.
(a) Minimizing erosion and sedimentation. No changes shall be made in the contour of the land; and no grading, excavating, removal or destruction of the top soil, trees or other vegetative cover of the land shall be commenced until a time that a plan for minimizing erosion and sedimentation has been reviewed by the Administrator, or there has been a determination by the Administrator that the plans are not necessary.
(b) Prerequisites for issuance of an improvement location permit. No improvement location permit or permit to alter land shall be issued unless:
(1) There has been a plan approved by the Administrator that provides for drainage and minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the city in the form of an escrow guarantee satisfactory for the planning, which will ensure installation and completion of the required improvements; or
(2) There has been a determination by the Administrator that a plan for drainage and minimizing erosion and sedimentation is not necessary.
(3) Excavations and fills. The type of fill shall be approved by the Administrator.
(a) Cut and fill slopes shall not be steeper than two to one ratio unless stabilized by a retaining wall or cribbing or as approved by the Administrator when handled under special conditions.
(b) Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills by installation of temporary or permanent drainage across or above these areas but site hydrology shall not change.
(c) Cut and fills shall not endanger adjoining property.
(d) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(e) Fills shall not encroach on natural watercourses or constructed channels.
(f) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(g) Grading will not be done in a way so as to divert water onto the property of another land owner without the expressed consent of the Administrator.
(h) During grading operations, necessary measures for dust control will be exercised.
(i) Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
(4) Erosion control plan.
(a) Where required by this ordinance, the erosion control plan shall be in conformance with the standards set forth in Chapter 56: Stormwater Management, of Volume One of the city code, as amended. The submittal standards are available in the City Planning and Building Department offices.
(b) All land, regardless of slope, from which structures or vegetative cover has been removed or destroyed, shall be appropriately graded and seeded within 15 days after removal to prevent erosion.
(5) Responsibility.
(a) Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the applicant, person, corporation or other entity causing the sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense as quickly as possible.
(b) Maintenance of all driveways, parking areas, drainage facilities and watercourses within any development area is the responsibility of the applicant, or owner developer.
(c) It is the responsibility of the applicant and any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way during the pendency of the activity to return it to its original or equal condition after the activity is completed.
(d) The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all major and minor streams, watercourses and drainage systems, constructed or improved in accordance with city and county design criteria.
(1) No applicant or person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the County Drainage Board or the State Department of Natural Resources, Division of Water, whichever is applicable.
(2) Where a development area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming substantially with the line of the watercourse, and of a width as will be adequate to preserve natural drainage to the satisfaction of the Administrator.
(6) Compliance with regulations and procedures.
(a) The design, installation and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the criteria and standards established by the State Department of Natural Resources and IDEM.
(b) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the issuance of the improvement location permit, and become a part thereof.
(c) Permission for clearing and grading prior to the issuance of the improvement location permit shall be obtained under temporary easements or other conditions satisfactory to the Administrator.
(d) In the event the applicant or developer proceeds to clear and grade prior to the issuance of an improvement location permit or land disturbance/grading permit, and without satisfying conditions specified, the Planning and Zoning Administrator shall issue a violation in accordance with procedures set forth in Chapter 10.
(C) Environmental hazards.
(1) General performance standards. In the interests of protecting the public health, safety and welfare, and to lessen injury to property, all uses established or placed into operation after the effective date of the ordinance comprising the unified development ordinance of the city shall comply with the following performance standards. No use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance as further prescribed hereinafter. No use in existence on the effective date of this ordinance shall be so altered or modified to conflict with these standards.
(a) Fire protection. Firefighting equipment and prevention measures acceptable to the City Fire Department shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted.
(b) Electrical disturbance. No use shall cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.
(c) Noise. No use shall produce noise in a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness or vibration. The noise shall be muffled or otherwise controlled so as not to become detrimental, and shall meet the following specifications.
(1) No use shall produce noise in excess of 75 decibels, day or night.
(2) No activity or operation producing noise, other than ordinary vehicle noise, shall be conducted so that noise from the activity or operation can be detected at any point off of the lot on which that use is located.
(3) Public safety sirens and related apparatus used solely for public safety purposes shall be exempt from this standard.
(d) Vibration. No use shall cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(e) Odor.
(1) Generally. No use shall emit across the lot lines malodorous gas or matter in a quantity as to be readily detectable without the aid of instruments at any point along or beyond the lot lines.
(2) Poisonous and injurious fumes and gases.
a. The emission of any gas or fumes across lot lines in concentrations as to be detrimental to or endanger public health, safety, comfort and welfare or which shall cause injury or damage to property or business is prohibited.
b. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following. The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes and gases in excess of 10% of the threshold limit as set for the fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the State Board of Health from the American Conference of Governmental Hygienists, latest issue.
(f) Air pollution.
(1) Discharge. No use shall discharge across the lot lines fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants in a concentration as to be detrimental to health, animals, vegetation or property, or in conflict with public air quality standards.
(2) Smoke. The emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited, except that for one hour during any 24-hour period, this rate may be increased to 80 smoke units per hour per stack up to and including Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning, but not for more than five minutes.
(3) Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds effluent gas. Not more than 10% by weight of particles larger than 44 microns (325 mesh) shall be allowed.
(g) Heat and glare. No use on a property shall produce any glare or heat that is detectable without the aid of instruments at the property lines of the lot on which the use is located. All outdoor lighting shall be exempt from these industrial standards, but shall comply with § 7.15.
(h) Water pollution. No use shall produce erosion or other pollutants whether liquid, solid or gas in a quantity as to be detrimental to adjacent properties or in conflict with public water quality standards, or without the necessary required approvals of the State Department of Environmental Management.
(i) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, debris, refuse, trash, construction material, garbage, litter unfinished buildings, scrap metals, inoperable vehicles or rotting wood, whether liquid or solid, in conflict with applicable public health, safety and welfare standards and regulations.
(j) Ground absorption. Any and all chemicals or liquids that are a potential hazard for contamination must be contained so that there is no opportunity for ground absorption and contamination.
(2) Exemptions. The industrial standards provided by this chapter shall be subject to the following exemptions.
(a) Farming operations. Any applicable “Right to Farm” laws may supersede these standards as they pertain to farming and agricultural uses.
(b) Exemptions. The following uses, activities and circumstances shall be exempt from the standards established by this chapter:
(1) Motor vehicles. The operation of motor vehicles for the transportation of personnel, material or products; and
(2) Public safety alerts. Public safety sirens and related apparatus used solely for public purposes and/or necessary for the protection of life, limb or property.
(3) Applicability. All uses shall conform with any and all applicable requirements of the state and federal governments (including the standards of the Occupational Safety and Health Administration -OSHA). No use on a property shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance defined by and subject to the city code. In cases where the requirements of this ordinance are in conflict with other applicable requirements, the most restrictive shall apply. The Administrator shall issue violations for non-compliance in accordance with Chapter 10.
(4) Interpretation. The industrial standards established by this chapter provide general guidelines for discussing expectations with new and expanding industrial operations. They also provide references to applicable state and federal regulations. Where applicable the determination of conformance of industrial operations with the requirements of this chapter shall be determined by the Plan Commission, BZA or Administrator when consistent with the petition review procedures established by this ordinance.
(Ord. 07-16, passed 12-10-2007)