(A) In granting a storm water management permit, the town 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 §§ 50.110 through 50.113 of this chapter.
(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 storm water 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 town may require more stringent storm water quantity and quality measures than detailed in this chapter or in the Indiana Storm Water Quality Manual.
(D) (1) Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters and surface drinking water sources. A listing of highly erodible soils, outstanding water, impaired water, recreation water and surface drinking water sources can be found in the Storm Water Technical Standards Manual. Any discharge from a storm water practice that is a Class V injection well shall meet the state’s ground water quality standards. 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 presence of threatened or endangered species habitat will be determined by the town during the permit review process. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the storm water management permit.
(2) Determination of impact drainage areas. The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the town:
(a) A floodway or floodplain as designated by the most updated FEMA Code dealing with floodplain regulation;
(b) Land within 25 feet of each bank of any ditch within the town’s system; and
(c) Land within 15 feet of the centerline of any storm water infrastructure or enclosed conduit within the town’s system.
(E) The town or Town Engineer is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the town may consider such factors as topography, soil type, capacity of existing drains and distance from adequate drainage facility.
(F) 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 town. Special terms and conditions for development within any impact drainage area shall be included in the storm water management permit.
(Ord. 2013-17, passed 12-2-2013)