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Seymour, IN Code of Ordinances
CITY OF SEYMOUR, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 158.26 POST-CONSTRUCTION CONTROLS FOR NEW DEVELOPMENT OR REDEVELOPMENT.
   On areas that undergo new development or redevelopment, site construction resulting in disturbance of one acre or more total land area, post-construction control measures in the form of structural and/or non-structural best management practices are required. Specifically, post-construction stormwater pollutant loading should not exceed pre-construction pollutant loading. Pre-construction refers to the site immediately before the planned land disturbance and development activities occur. Pre-construction is not intended to be interpreted as that period before any human-induced land disturbance activity has occurred. Post-construction pollutant loadings will be controlled through the six minimum control measures under the city's stormwater NPDES permit. Post-construction stormwater best management practices (BMPs) shall follow Indiana's Stormwater Quality Manual as a guidance document. The city shall have full technical and administrative approval authority on the application and design of all post-construction BMPs, conditions, definitions, and submittal requirements of construction plans and specifications and other related documents. The minimum measures implemented are to meet the terms defined in 327 IAC 15-5-6.5(a)(8). The post-construction stormwater pollution prevention plan must include the following information:
   (A)   A description of potential pollutant sources from the proposed land use that may reasonably be expected to add a significant amount of pollutants to stormwater discharges.
   (B)   Location, dimensions, detailed specifications, and construction details of all post-construction stormwater quality measures.
   (C)   A description of measures that will be installed to control pollutants in stormwater discharges that will occur after construction activities have been completed. Such practices include infiltration of run-off, flow reduction by use of open vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization of open space, and stormwater retention and detention ponds.
   (D)   A sequence describing when each post-construction stormwater quality measure will be installed.
   (E)   Stormwater quality measures that will remove or minimize pollutants from stormwater run-off.
   (F)   Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat.
   (G)   A narrative description of the maintenance guidelines for all post-construction stormwater quality measures to facilitate their proper long term function. This narrative description shall be made available to future parties who will assume responsibility for the operation and maintenance of the post-construction stormwater quality measures.
(Ord. 20, 2007, passed 12-11-2006)
§ 158.27 ENFORCEMENT.
   Enforcement of this chapter shall be subject to enforcement actions within the city code, the severity of the violation and the construction site operator's efforts to comply. The city shall reserve the right to interpret enforcement on a case by case basis. Tiered enforcement will be practiced at the City Engineer's discretion or the designee of the City Engineer. The tiered enforcement may include:
   (A)   Verbal warning to the construction site operator to make corrections.
   (B)   Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem.
   (C)   Warning of non-compliance with directions to the construction site operator that site conditions require immediate action.
   (D)   Stop work order.
   (E)   Fines as may be permissible under the Seymour Municipal Code. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense shall be charged to the violator.
(Ord. 20-2007, passed 12-11-2006; Am. Ord. 13, 2016, passed 9-26-2016)
§ 158.28 INJUNCTIVE RELIEF.
   It shall be a violation for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 20, 2007, passed 12-11-2006)
§ 158.29 COMPENSATORY ACTION.
   In lieu of enforcement proceedings and remedies authorized by this chapter that the city may impose upon a violator, the city may further request the violator to perform alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanups, or other actions promoting the goals of the city.
(Ord. 20, 2007, passed 12-11-2006)
§ 158.30 VIOLATIONS DEEMED A PUBLIC NUISANCE.
   In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 20, 2007, passed 12-11-2006)
§ 158.31 SUGGESTED REFERENCES FOR COMPLIANCE.
   (A)   Indiana Stormwater Quality Manual, by Indiana Department of Environmental Management.
   (B)   "National Management Measures to Control Nonpoint Source Pollution from Urban Areas," United States Environmental Protection Agency, Office of Water, Washington, D.C., 20460, (4503F) EPA-841-B-05-004, November 2005.
   (C)   The "Stormwater Drainage Manual" by the Highway Extension Research Project for Indiana Counties and Cities (HERPICC), Purdue University, July 1994 and subsequent releases.
   (D)   "Hydraulic Design of Highway Culverts" by the Federal Highway Administration, September 1985.
   (E)   Hydraulic Engineering Circular 12, "Drainage of Highway Pavements," FHWA-TI-84- 202, by the Federal Highway Administration.
   (F)   Technical Release 55, "Urban Hydrology for Small Watersheds," by the Soil Conservation Service (now Natural Resources Conservation Service).
   (G)   "Rainfall Frequency for Indiana, by Department of Natural Resources Division of Water, 1994.
   (H)   NOAA Technical Memorandum NWS Hydro 35, "Five Minutes to 48 Hours Precipitation Frequency for Eastern and Central United States," 1977.
(Ord. 20, 2007, passed 12-11-2006)
APPENDIX A:
APPENDIX B:
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