(A) Findings.
(1) Water bodies, roadways, structures and other property within, and downstream of the county are at times subjected to flooding.
(2) Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the county and the region.
(3) 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.
(4) Stormwater runoff produced by land development contributes to increased quantities of water-borne pollutants.
(5) Stormwater runoff, soil erosion and non-point source pollution, due to land development within the county, have resulted in the deterioration of the water resources of the county and downstream municipalities. Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from development projects within the county may, absent reasonable regulation and control, adversely affect the county’s water bodies and water resources, and those of downstream municipalities.
(6) 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.
(7) Adopting the standards, criteria and procedures contained in this subchapter and implementing the same will address many of the detrimental effects of stormwater runoff.
(8) Adopting these standards is necessary for the preservation of the soils and topography of the county as well as the public health, safety and welfare.
(9) The county has the authority to adopt a Stormwater Management Ordinance pursuant to I.C. 36-1-3 and so that the county may comply with all requirements of 327 I.A.C. § 15-13.
(B) Purpose. 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. 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 water bodies 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;
(13) To ensure that mineral extraction is carried out without adverse impact on water bodies or nearby landowners; and
(14) To comply with the standards set forth in 327 I.A.C. § 15-13.
(C) Applicability, exemptions and general provisions. This subchapter shall apply to any development within the unincorporated boundaries of the county within the jurisdiction of this subchapter which will alter stormwater drainage characteristics of the disturbed land or development site; provided, however, that this subchapter shall not apply to the following:
(1) The installation or removal of individual mobile homes within a mobile home park. This exemption shall not be construed to apply to the construction, expansion or modification of a mobile home park;
(2) Farm operations and buildings, except dwellings, directly related to farm operations. This exemption shall not apply to greenhouses and other similar structures for which a construction permit is required;
(3) Plats with preliminary plat approval and other developments with final land use approval prior to the effective date of this subchapter, where such approvals remain in effect;
(4) Building additions where the total increase in impervious area, including parking lots, sidewalks and the like, is less than one-half acres, except where the Office of the Morgan County Surveyor (OMCS) has identified flooding concerns; or
(5) Single-family homes that are not a part of a larger development (greater than four homes) and disturb less than one-half acre.
(D) Variances. A variance from any or all requirements of this subchapter may be granted by the specific approval of the OMCS. No variance shall be approved that would ultimately result in failure by the OMCS to meet the requirements of any federal or state law. Variance requests that are denied will list how it diminishes the protective standards from human health or the environment set forth by this subchapter. A denied variance may be appealed to the County Drainage Board (Board) within 60 days of receipt of the denial. Requests for variance from the requirements of this subchapter must be in written form, addressed to the OMCS and demonstrate the following:
(1) Specify the provision(s) of this subchapter and/or the provision(s) of the Stormwater Design Manual from which the variance is requested;
(2) Clearly state the reason for the variance request and why the conditions of this subchapter cannot be met; and
(3) Describe how the requested variance does not diminish the protective standards for human health or the environment set forth by this subchapter.
(E) Compatibility with other permit and ordinance requirements. This subchapter is not intended to interfere with or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this subchapter should be considered minimum requirements, and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
(F) Fees. The fee schedule shall be as established by the Morgan County Drainage Board. A fee of $25 shall be charged to cover the costs of labor, materials, and equipment used in photocopying this subchapter and the County Stormwater Design Manual.
(G) Development of a Stormwater Design Manual. The Board has furnished additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this subchapter in the form of a County Stormwater Design Manual. This manual includes details of acceptable stormwater management and treatment practices, including specific design criteria for each stormwater practice. The manual may be updated and expanded as necessary and needed from time to time by the OMCS, subject to approval by the Board, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with the design, and sizing criteria will be presumed to meet the minimum water quality and quantity performance standards.
(Ord. 1-4-17, passed 11-18-2003)