EN-01. No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than 10%, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition the following standards must be met.
(A) Surface water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.
(B) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Allen County Surveyor and/or Drainage Board, Indiana Department of Transportation or the Leo-Cedarville Storm Water Utility Board. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.
(C) Permanent structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or tile unless approved by the Allen County Drainage Board and the Leo-Cedarville Plan Commission.
(D) Preservation of natural / historic features. Existing natural and historic features which would add value to development of natural or man-made assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall 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 storm water runoff, and conserve the natural cover and soil.
(E) Landscaping. Any part or portion of non-farm parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or site plan and shall be in keeping with natural surroundings.
(F) Cut / fill grade. No cut or fill grade shall exceed a slope of 3 to 1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3 to 1 in slope.
(G) Erosion prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion per acceptance of IDEM rule #5.
(H) Alterations to shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, U.S.Army Corps of Engineers or any other governmental agency with jurisdiction of the shoreline in question, and the provisions of this chapter are complied with. Alterations include, among other things, retaining wall, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half mile of a water body.
(I) Code compliance / hazardous waste. All development must be in compliance with I.C. Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of said Title.
(J) Code compliance / environmental quality. All development must be in compliance with I.C. Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable chapters of said Title.
(K) Waste disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or ground water.
(L) Fuel storage. No highly flammable or explosive liquids, solids, or gasses specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devises or heating appliances located and operated on the same lot as the tanks or drums of fuel.
(M) Debris / refuse. Debris and refuse shall not accumulate on any property, in any zoning district.
(N) Treatment of fill. Bricks, concrete, lumber, and other material used for fill where permitted by this chapter and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.
(O) View requirements. Where a proposed structure will eliminate more than 50% of an adjacent structure’s view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the 50% view or exposure may be maintained.
(P) Improvement location permit requirements. The following activities are permitted with no improvement location permit required, provided all other applicable standards are met:
(1) Normal excavation for structural foundations, driveways, utility installations, and similar preparation activities;
(2) Normal plowing and preparing the land for gardens and yards;
(3) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation;
(4) Earth movements related to farming and other agricultural activity, including sod farming;
(5) Public and private road construction;
(6) Drain tile laying and ditch cleaning; and
(7) Top soil removal, other than mineral extraction.
(Ord. passed - - )