§ 152.53 SOIL SURVEY; DRAINAGE; EROSION AND SEDIMENT CONTROL.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CUT. An excavation, the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
      EROSION. The removal of surface materials by the action of natural elements.
      EXCAVATION. Any act by which earth, sand, gravel, rock, or other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
      FILL. Any act by which earth, sand, gravel, rock, or any other similar material is placed, pushed, dumped, pulled, transported, or moved to a new location above and natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point in higher elevation on the final grade. The material used to make a FILL.
      FLOODWAY. The area designated as a “commission floodway” by the Indiana Natural Resources Commission.
      FLOODWAY FRINGE. Those portions of a flood hazard area lying outside the floodway district.
      QUALIFYING TRACT. Any tract where 20 or more cubic yards of earth are moved.
      RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
      RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the comprehensive land use plan.
      SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity.
      SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. SLOPES are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
      SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
      SWALE. A low lying stretch of land which gathers or carries surface water runoff.
      TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil materials, ordinarily rich in organic matter or humus debris. TOPSOIL is usually found in the uppermost soil layer called the “A horizon”.
      WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for water, whether natural or human-made.
(1995 Code, § 15-126)
   (B)   Basic requirements.
      (1)   (a)   Before granting approval of a subdivision, the Building Inspector shall be satisfied that the proposed subdivision meets the applicable criteria set forth in this section for the tract of land concerning types of soils involved, and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage.
         (b)   The Building Inspector shall be guided by the information set forth in the findings of the national cooperative soil survey prepared by the USDA Soil Conservation Service in cooperation with the Purdue Experiment Station, and the county soil and water conservation district, and the specifications set forth herein.
      (2)   The Building Inspector shall also be guided by the advice from the USDA Soil Conservation Service, County Soil and Water Conservation District, County Drainage Board, State Department of Natural Resources - Division of Water, and other agencies or officials offering technical assistance on the subject to soils, drainage, erosion, and sediment control. The application shall provide the information, report, or plan for his or her application, and any additional expense necessary to ensure adequate information, and any additional expense necessary to ensure adequate information report or plans shall be met by the applicant.
(1995 Code, § 15-127)
   (C)   Restrictions on developments.
      (1)   No changes shall be made in the contour of the land, or grading, excavating, removal, or destruction of the topsoil, trees, or other vegetative cover of the laud shall be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed by the Building Inspector or there has been a determination by the Building Inspector that such plans are not necessary.
      (2)   No development plan shall be approved unless:
         (a)   There has been a plan approved by the Building Inspector that provides for drainage and minimizing and sedimentation consistent with this section, and that the cost of the installation and completion of necessary improvements for this purpose are included in the bond required under § 152.52(F); or
         (b)   There has been a determination by the Building Inspector that a plan for drainage and minimizing erosion and sedimentation is not necessary.
      (3)   Measures used to control erosion and reduce sedimentation and to provide drainage shall as a minimum meet the standards and specifications of the County Soil and Water Conservation District. The Building Inspector shall ensure compliance with all appropriate specifications; including the requirements for drainage under Ord. 1-1975 of the county, adopted March 19, 1975, where applicable; copies of which are available from the County Board of Health.
(1995 Code, § 15-128)
   (D)   Performance principals. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the overall development plan:
      (1)   Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion;
      (2)   Development plans shall preserve prominent natural features, keep cut fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity or surface water runoff;
      (3)   Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
      (4)   The disturbed area and the duration of exposure shall be kept at a practical minimum;
      (5)   Disturbed soils shall be stabilized as quickly as possible;
      (6)   Temporary vegetation and mulching shall be used to protect exposed critical areas during development;
      (7)   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development;
      (8)   Provision shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded; and
      (9)   Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
(1995 Code, § 15-129)
   (E)   Grading for drainage. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met.
      (1)   The locations, grading, and placement or subgrade (base) material of all street, public driveway, and public parking areas shall be accomplished as the first work done on a development plan.
      (2)   All lots, tracts, or parcels shall be graded to provide proper drainage away from the buildings and dispose of it without ponding, and all land within the development shall be graded to drain and dispose of surface water without ponding, except where approved by the Building Inspector.
      (3)   All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape, and size as to conform with the requirements of the Council.
      (4)   Concentration of surface water runoff shall only be permitted in swales or watercourses.
      (5)   Excavation and fills.
         (a)   Cut and fill slopes shall not be steeper than three to one unless stabilized by a retaining wall or cribbing as approved by the Building Inspector when handled under special conditions.
         (b)   Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installation of temporary or permanent drainage across or above this area.
         (c)   Cuts and fills shall not endanger adjoining property.
         (d)   Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
         (e)   Fills shall not encroach on natural watercourses or constructed channels.
         (f)   Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during this period of construction.
         (g)   Grading will not be done in such a way so as to divert water onto the property of another land owner without the expressed consent of the Building Inspector.
         (h)   During grading operations, necessary measures for dust control will be exercised.
         (i)   Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
(1995 Code, § 15-130)
   (F)   Responsibility.
      (1)   Whenever sedimentation is caused by stripping, vegetation, regrading, or other development activities, it shall be the responsibility of the applicant or person causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses and to repair it from all adjoining surfaces, drainage systems, and watercourses and to repair any damage at his or her expense as quickly as possible.
      (2)   Maintenance of all driveways, parking areas, drainage facilities, and watercourses within any development plan area is the responsibility of the applicant or developer; provided, that such facilities have not been dedicated to the public and accepted by the appropriate authority for public maintenance.
      (3)   It is the responsibility of the applicant and any person doing any act on or across a communal stream, watercourse, or swale or upon the floodplain, floodway, or floodway fringe area of any watercourse during the period of development to return these areas to their original or equal conditions upon completion of such activities.
      (4)   No applicant or other person shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the county drainage board and or the State Department of Natural Resources, Division of Water, whichever is applicable.
      (5)   Where a development plan area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming to the requirements of the State Drainage Code, Ch. 305, Acts 1965, State General Assembly and approved by the county surveyor.
      (6)   Each applicant who makes any surface changes shall be required to:
         (a)   Collect on-site surface runoff and dispose of it to the point of discharge into an adequate outlet approved by the Building Inspector;
         (b)   Handle existing and potential off-site runoff through the development by designing to adequately handle storm runoff from a fully developed area upstream;
         (c)   Pay his or her proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area; and
         (d)   Provide and install at his or her expense, in accordance with the requirements of the Building Inspector, all drainage and erosion control improvements (temporary and permanent) as required by the Building Inspector.
      (7)   It is the responsibility of the applicant or owner to keep all major watercourses, not under the jurisdiction of any public agency, open and free flowing.
      (8)   The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses, and drainage systems, constructed or otherwise improved in accordance with this section, which are necessary for proper drainage.
(1995 Code, § 15-131)
   (G)   Compliance with regulations and procedures.
      (1)   The design, installation, and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the standards and specifications of the County Soil and Water Conservation District.
      (2)    Where such authority exists under the State Drainage Code, Ch. 305, Acts 1965 of the State General Assembly, approval of the County Drainage Board must be obtained for the proposed development prior to approval by the Council.
      (3)   The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the development, and shall become a part thereof.
      (4)   Permission for clearing and grading prior to the approval of the development plan may be obtained under temporary easements or other conditions satisfactory to the Building Inspector.
      (5)   In the event the applicant or developer proceeds to clear and grade prior to the approval of the subdivision or development plan, without satisfying conditions specified under division (F) above, the jurisdictional agency having authority over the approval of such subdivision or development plans may revoke the approval of all plans.
(1995 Code, § 15-132) Penalty, see § 152.99