(A) In granting a stormwater management permit, the Town Council and/or Town Manager and/or Building Commissioner may impose such terms and conditions as are reasonably necessary to meet the purposes of this chapter. The project site owner shall insure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in §§ 33.105 through 33.111.
(B) The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
(C) In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the Town Council and/or Town Manager and/or Building Commissioner may require more stringent stormwater quantity and quality measures than detailed in this chapter or in the Indiana Stormwater Quality Manual.
(1) Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. A listing of highly erodible soils, outstanding water, impaired water, recreation water and surface drinking water sources can be found in the Stormwater Technical Standards Manual. If wetlands are suspected on a site, a wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE). The presence of threatened or endangered species habitat will be determined by the Town Council and/or Town Manager and/or Building Commissioner during the permit review process. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management permit.
(2) Determination of impact drainage areas.
(a) The Town Council is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the Town Council shall consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility. The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the Town Council.
1. A floodway or floodplain as designated by the most updated Hancock County Code dealing with floodplain regulation.
2. Land within 75 feet of each bank of any ditch within the town's drainage system.
3. Land within 75 feet of the centerline of any drain tile or enclosed conduit within the town's drainage system.
(b) Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the Town Council. Special terms and conditions for development within any impact drainage area shall be included in the stormwater management permit.
(Ord. 051805, passed 5-18-2005)