(A) It is recognized that smaller streams, storm sewers, culverts, and drainage channels serving the city may not have sufficient capacity to receive and convey stormwater runoff, resulting when land use changes from open or agricultural use to a more urbanized use, or when redeveloped to a more dense land use. It is further recognized that deposits of sediment from developments during and after construction can reduce capacities of storm sewers, culverts and drainage systems and result in damages to receiving lakes and streams.
(B) Therefore, it shall be the policy of the city that the storage and controlled release of stormwater runoff shall be generally required of all new development, any re-development and other new construction in the city. The release rate of stormwater from developed lands shall not exceed the release rate from the land area in its present land use.
(C) The Board is authorized, but is not required, to classify certain geographical areas as Impact Drainage Areas and to enact and promulgate regulations, which are generally applied thereto. In determining Impact Drainage Areas, the Board shall consider such factors as topography, soil type, and capacity of existing regulated 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 and approved by the Board:
(1) A floodway or floodplain as designated by the Indiana Department of Natural Resources.
(2) Land within 75 feet of each bank of any regulated drain.
(3) Land within 75 feet of the centerline of any regulated drain tile.
(4) City Ditch (both open and enclosed pipe sections).
(5) Kelso Creek.
(6) Mantle Ditch.
(D) Land where there is not an adequate outlet (taking into consideration the capacity and depth of the outlet) may be designated as an Impact Drainage Area by resolution of the Board. Special requirements for development within any Impact Drainage Area shall be included in the resolution.
(E) Any development for agricultural use, or residential use of two units or less, or other minor developments as determined by the city, may be waived or exempted from the provisions of this chapter, but must comply with the requirements and standards outlined in all other local ordinances and applicable laws. The Board shall also be authorized to grant exemptions from any and all requirements of this chapter at its discretion.
(Ord. 7-2006, passed 6-12-06)