§ 52B.086 TERMS AND CONDITIONS OF PERMITS.
   (A)   In granting a stormwater management permit, the city may impose such terms and conditions as are reasonably necessary to meet the purposes of this chapter. The project site owner shall ensure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in §§ 52B.100 through 52B.103.
   (B)   The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
   (C)   In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the city may require more stringent stormwater quantity and quality measures than detailed in this chapter or in the Indiana Stormwater Quality Manual.
   (D)   Determination of sensitive areas. Sensitive areas include highly credible soils, wetlands, karst areas, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. Any discharge from a stormwater practice that is a Class V injection well shall meet the Indiana groundwater quality standards and registered with US EPA as required by the IDEM. If wetlands are suspected on a site, a wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE). The need for the applicant to check for the presence of threatened or endangered species habitat will be determined on a case-by-case basis. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management permit.
   (E)   Determination of impact drainage areas.
      (1)   The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the city:
         (a)   Land within 15 feet of the centerline of any stormwater infrastructure or enclosed conduit within the city’s system.
         (b)   Land within 50 feet of a natural drainageway.
      (2)   The city or the City Engineer is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the city may consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility.
      (3)   Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the city. Special terms and conditions for development within any impact drainage area shall be included in the stormwater management permit.
   (F)   Determination of designated drainage areas served by regional facilities. The city is authorized, but is not required, to classify certain geographical areas as designated drainage areas that are or will be served by regional facilities, such as a regional pond. In such cases, an infrastructure development fee (IDF) rate may be established for the designated drainage area. The basis for determining such a fee for a proposed development or re-development within a designated drainage area will be as detailed in the City of Washington Stormwater Technical Standards Manual.
(Ord. 10-2024, passed 7-8-2024)