This environmental standards section applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The intent of the environmental standards is to protect the health, safety and welfare of residents by providing for the protection of air, soil and water quality on a local level. The following standards apply.
(A) Cross-reference. Some regulations related to environmental standards are not included in this section. Please refer to the following sections for additional information and regulations: see § 165.288 (Storage Tank Standards).
(B) Prohibitive geology. A development shall provide an engineered site plan if it contains any of the following:
(1) Slope. Pre-development or post development slopes greater than 20%;
(2) Rock. Adverse rock formations;
(3) Soil. Adverse soils;
(4) Stability limitations:
(a) Has a low loading rate;
(b) Has a low weight-bearing strength; and
(c) Has any other feature which will significantly accelerate the deterioration of a structure or significantly reduce the structure’s stability.
(5) Overcoming prohibitive geology. Structures may be permitted if an engineered site plan is submitted and approved by the Technical Review Committee.
(C) Air quality.
(1) Generally. A use shall not discharge fly ash, dust, smoke, vapors, noxious toxic or corrosive matter or other air pollutants in such concentration as to conflict with public air quality standards or be detrimental to humans, animals, vegetation or property.
(2) Outdoor burners. Outdoor wood burners and corn burners shall not discharge ash, smoke or fine particulate matter such that it is detectable beyond the lot lines of the lot on which it is located. Development in the AG District shall be exempt from this provision.
(D) Soil and water quality.
(1) Erosion control.
(a) Developments shall be in compliance with the city’s storm water management ordinance, as codified in Chapter 55 of this code of ordinances.
(b) Developments shall be in compliance with the filing requirements for erosion control on construction sites as in 327 I.A.C. 15-5 (Rule 5), when applicable.
(c) Sedimentation in adjoining surfaces, drainage systems and watercourses caused from the development of a lot or use shall not be permitted. If such sedimentation occurs, it shall be the responsibility of the owner of the developed lot or use to remove the sedimentation.
(2) Fill. All fill materials shall be free of environmentally hazardous materials. The Zoning Administrator or the city’s MS4 Coordinator may request representative samples of the fill for testing purposes.
(3) Production. No use shall produce pollutants in such a quantity as to pollute soils, water bodies, adjacent properties or conflict with public water standards.
(4) Storage. No use shall accumulate within the lot, or discharge beyond the lot lines, any waste, debris, refuse, trash, discarded construction materials, discarded appliances, scrap metals or rotting wood that are in conflict with applicable public health, safety and welfare standards unless expressly permitted by this unified development chapter.
(5) Disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste or any other material of such nature, quantity, obnoxiousness, toxicity or temperature that it may contaminate, pollute or harm the waters or soils shall be deposited, located, stored or discharged on any lot unless expressly permitted by this unified development chapter.
(E) Environmental feature protective setback. Primary structures, accessory dwellings, storage-based accessory structures and support based-accessory structures shall be at least 25 feet from the delineated boundary of a wetland or the edge of the water at normal pool of a lake, pond, creek, stream or river.
(Ord. 10-2010, passed - -2010, § 5.23)