(A) The Commission is authorized, but is not required, to classify certain geographical areas as impact drainage areas and to enact and promulgate regulations which are generally applied. In determining impact drainage areas, the Commission shall consider the factors as topography, soil type, the capacity of any existing legal drains, and the distance from an adequate drainage facility. The following areas shall be designated as impact drainage areas unless good reason for not including them is presented to and approved by the Plan Commission:
(1) A floodway or floodplain as designated by the Indiana Department of Natural Resources or the Federal Emergency Management Agency;
(2) Land within 75 feet of each bank of any legal drain; and
(3) Land within 75 feet of the center line of any legal drain tile.
(B) Land where there is not an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by resolution of the Commission. Special requirements for development within any impact drainage area shall be included in the resolution.
(Ord. passed 10-11-2004)