CHAPTER 152: STORMWATER MANAGEMENT
Section
Stormwater Management and Erosion Control
   152.01   Findings
   152.02   Purpose
   152.03   Applicability; exemptions
   152.04   Variances
   152.05   Provisions subject to other laws
   152.06   Fees
   152.07   Stormwater Design Manual
   152.08   Definitions
   152.09   Submission requirements and plan approvals
   152.10   Detention requirements
   152.11   Conveyance requirements
   152.12   Emergency-access easement requirements
   152.13   Flood control and management
   152.14   Water quality
   152.15   Soil erosion and sedimentation control
   152.16   Reporting
   152.17   Enforcement
   152.18   Facility maintenance
   152.19   Illicit connections and illegal dumping
Illicit Discharge and Connection
   152.30   Purpose
   152.31   Definitions
   152.32   Applicability
   152.33   Administration
   152.34   Ultimate responsibility
   152.35   Discharge prohibitions
   152.36   Suspension of MS4 access
   152.37   Industrial or construction activity discharges
   152.38   Monitoring of discharges
   152.39   Prevention, control and reduction of stormwater pollutants
   152.40   Watercourse protection
   152.41   Notification of spills
   152.42   Enforcement
   152.43   Appeals
   152.44   Enforcement measures after appeal
   152.45   Cost of abatement of the violation
   152.46   Injunctive relief
   152.47   Compensatory action
   152.48   Violations a public nuisance
   152.49   Expenses
   152.50   Remedies not exclusive
 
   152.99   Penalty
STORMWATER MANAGEMENT AND EROSION CONTROL
§ 152.01 FINDINGS.
   (A)   Waterbodies, roadways, structures and other property within and downstream of the town are at times subjected to flooding.
   (B)   Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the town and the region.
   (C)   Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, flooding, stream channel erosion and sediment transport and deposition.
   (D)   Stormwater runoff produced by land development contributes to increased quantities of waterborne pollutants.
   (E)   Stormwater runoff, soil erosion and non-point source pollution, due to land development within the town, have resulted in the deterioration of the water resources of the town and downstream municipalities. Increased stormwater runoff rates and volumes and the sediments and pollutants associated with stormwater runoff from development projects within the town may, absent reasonable regulation and control, adversely affect the town’s waterbodies and water resources, and those of downstream municipalities.
   (F)   Stormwater runoff, soil erosion and non-point source pollution can be controlled and/or minimized by the regulation and management of stormwater runoff from development.
   (G)   Adopting the standards, criteria and procedures contained in this subchapter and implementing the same will address many of the detrimental effects of stormwater runoff.
   (H)   Adopting these standards is necessary for the preservation of the soils and topography of the town as well as the public health, safety and welfare.
   (I)   The town has the authority to adopt a stormwater management ordinance pursuant to I.C. 36-1-3.
(Ord. 3, 2012, passed 1- -2012)
§ 152.02 PURPOSE.
   (A)   It is the purpose of this subchapter to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public.
   (B)   This subchapter seeks to accomplish, among others, the following objectives:
      (1)   To reduce flood damage;
      (2)   To mitigate increased stormwater runoff rates and volumes from identified new land development;
      (3)   To minimize the deterioration of existing watercourses, culverts and bridges, and other structures associated with stormwater conveyance;
      (4)   To encourage water recharge into the ground where geologically favorable conditions exist;
      (5)   To prevent an increase in non-point source pollution;
      (6)   To maintain the integrity of stream channels for biological functions, as well as for drainage and other purposes;
      (7)   To minimize the impact of development upon stream bank and stream bed stability;
      (8)   To reduce erosion and off-site sedimentation from development or construction projects;
      (9)   To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion and runoff pollution;
      (10)   To reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever practicable, from lands that were developed without stormwater management controls meeting the purposes and standards of this subchapter as well as future developments;
      (11)   To implement the minimum standards established in this subchapter to protect waterbodies from degradation resulting from changing land use where there are insufficient stormwater management controls;
      (12)   To protect adjoining property owners from detrimental impacts caused by changing land use and/or drainage; and
      (13)   To ensure that mineral extraction is carried out without adverse impact on waterbodies or nearby landowners.
(Ord. 3, 2012, passed 1- -2012)
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