The environmental standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI. The following standards pertain to environmental concerns in the town. Some of the following standards refer to state regulations. This is not to imply that the town is enforcing state regulations; state regulations are referred to in order to make the affected property owners aware that they exist and need to be complied with in addition to local law.
(A) Land suitability. 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 as determined by the Planning Director, Town Engineer, or County Health Department likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community.
(B) Preservation of natural/historic features. Existing natural and historic features which would add value to the development of the town such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, when possible, 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 storm water runoff, and conserve the natural cover and soil.
(C) Landscaping. Any part or portion of a 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, it shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the requirements of this chapter and shall be in keeping with natural surroundings.
(D) Cut/fill grade. No cut or fill grade shall exceed a slope of 4/1 or 25%. 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 3/1 in slope.
(E) Treatment of fill. Material used for fill where permitted by this chapter and/or by the IDEM, IDNR, or other governmental agency, shall be promptly covered and seeded.
(F) 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 frame after the removal or destruction of said natural cover, not to exceed 60 days, to prevent erosion.
(G) 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. Existing natural surface drainage should 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 drainage system which shall be integrated into the drainage pattern of surrounding properties. Swales are required to be placed in an easement to prohibit future filling or constructing. On-site detention for a 100-year storm event shall be required unless a written statement by a licensed engineer indicates that it is not necessary to prevent harm to adjoining properties. All drainage plans are subject to review and approval by the Town Engineer.
(H) 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 town or the Indiana Department of Transportation. Driveways may be constructed over these swales as permitted by the appropriate agency.
(I) Regulated drain setbacks. 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 its location is within 75 feet of the center line of any regulated tile ditch, or within 75 feet of the existing top of bank of any regulated open ditch or tile unless approved by the Town Engineer and Lake County Drainage Board.
(J) Projects affecting regulated drains. Regulated drains are under the jurisdiction of the Lake County Drainage Board. The Lake County Drainage Board or Town Engineer shall review and approve all development or projects directly affecting a regulated open ditch or tile per IC 36-9-27.
(K) Alterations to bodies of water. No alteration of the shoreline or bed of a river, wetland, or public lake shall be made until appropriate written approval is obtained from the Indiana Department of Natural Resources, and Army Corps of Engineers, the Indiana Department of Environmental management; and the provisions of this chapter are complied with.
(L) Retention, detention, and pond edges. All retention, detention, and pond edges must be maintained with a buffer of natural plantings within 20 feet of the peak elevation. The use of "rip-rap" or any other engineered hard edges shall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility, or pond.
(M) Code compliance/hazardous waste. All development must be in compliance with IC Title 13, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of IC Title 13.
(N) Code compliance/environmental quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable chapters of IC Title 13.
(O) Waste/debris. No waste materials such as 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 such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm water bodies or ground water, 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; nor shall such waste be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of such materials.
(P) Fuel storage. No highly flammable or explosive liquids, solids, or gasses specified by the State Fire Marshal shall be stored except in accordance with the rules established by the State Fire Marshal.
(Ord. 2013-02, passed 3-11-13)