In addition to the requirements of this chapter, compliance with the requirements set forth in other applicable ordinances with respect to submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, construction inspections, appeals, and similar matters, and compliance with applicable state statutes and regulations shall be required.
(A) Permits for construction in a floodway.
(1) The 1945 Flood Control Act, IC 14-28-1, of Indiana, prohibits the construction of abodes or residences in or on a floodway. Flood Hazard Management Ordinance says that prior approval of the Department of Natural Resources is required for any type of construction, excavation, or filling in or on a floodway. All projects proposed to be located in a floodway must also comply with the requirements of this chapter.
(2) All applications made to and granted approval by the Indiana Department of Natural Resources (IDNR) do not in any way relieve a property owner of the necessity of securing easements or other property rights, permits or approvals from affected property owners and/or local, state and federal agencies.
(B) Compliance with 327 IAC 15-5. All land disturbing activities, including subdivision development and individual, commercial, industrial and institutional site development that disturb five acres or more in total must comply with 327 IAC 15-5 (Rule 5) "Storm Water Runoff Associated With Construction Activity". It shall be the responsibility of the landowners or developers to determine if this rule applies to their project. The Board will make no determination of the applicability of this rule to individual projects. Copies of the Notice of Intent (NOI) letters shall also be filed with the Area Plan Commission prior to the start of land disturbing activity.
(Ord. 00-22, passed 12-28-00)