ORDINANCE NO. _111703_

THE MORGAN COUNTY

STORMWATER MANAGEMENT ORDINANCE

WHEREAS, the Board of Commissioners of Morgan County, Indiana, (“Board of Commissioners”) is the executive and legislative body of Morgan County, Indiana;

WHEREAS, the Morgan County Drainage Board (“Drainage Board”) is established pursuant to I.C. 36-9-27 and its membership consists of the Board of Commissioners;

WHEREAS, it is necessary to establish stormwater management requirements and controls in Morgan County to protect and safeguard the general health, safety, and welfare of the public, and so that Morgan County may comply with all requirements of 327 IAC 15-13;

WHEREAS, the Board of Commissioners and Drainage Board have the authority to adopt a stormwater management ordinance pursuant to I.C. 36-1-3; and,

WHEREAS, the Board of Commissioners and Drainage Board, having considered the proposed Morgan County Stormwater Management Ordinance and heard public comment, deem it appropriate that the Morgan County Stormwater Management Ordinance be adopted.

BE IT THEREFORE ORDAINED by the Board of Commissioners of Morgan County Indiana, as follows:

1. The Morgan County Stormwater Management Ordinance is hereby adopted.

2. The Morgan County Stormwater Management Ordinance shall be effective upon publication, as required under I.C. 36-2-4-8.

3. The Morgan County Stormwater Management Ordinance shall be printed as a separate book and two (2) copies of the book shall be filed with the Morgan County Auditor and such additional copies shall be maintained for sale to the public by the Morgan County Surveyor, the Morgan County Planning Department or such other agency deemed appropriate.

So Passed and Ordained this _____ day of __________________, 2003.

MORGAN COUNTY BOARD OF

COMMISSIONERS and the

MORGAN COUNTY DRAINAGE

BOARD

__________________________

Norman Voyles, Commissioner

ATTEST:

__________________________

______________________ Jeff Quyle, Commissioner

Mae Cooper

Morgan County Auditor

__________________________

Brian Goss, Commissioner

1.0 Introduction

1.1 Findings

1.1.1 Water bodies, roadways, structures, and other property within, and downstream of Morgan County are at times subjected to flooding;

1.1.2 Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of Morgan County and the region;

1.1.3 Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition;

1.1.4 Stormwater runoff produced by land development contributes to increased quantities of water-borne pollutants;

1.1.5 Stormwater runoff, soil erosion, and non-point source pollution, due to land development within Morgan County, have resulted in the deterioration of the water resources of Morgan County and downstream municipalities. Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from development projects within Morgan County may, absent reasonable regulation and control, adversely affect Morgan County’s water bodies and water resources, and those of downstream municipalities.

1.1.6 Stormwater runoff, soil erosion, and non-point source pollution can be controlled and/or minimized by the regulation and management of stormwater runoff from development;

1.1.7 Adopting the standards, criteria and procedures contained in this Ordinance and implementing the same will address many of the detrimental effects of stormwater runoff; and,

1.1.8 Adopting these standards is necessary for the preservation of the soils and topography of Morgan County as well as the public health, safety and welfare.

1.1.9 Morgan County has the authority to adopt a Stormwater Management Ordinance pursuant to I.C. 36-1-3 and so that Morgan County may comply with all requirements of 327 IAC 15-13.

1.2 Purpose

It is the purpose of this Ordinance to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public. This Ordinance seeks to accomplish, among others, the following objectives:

1.2.1 To reduce flood damage;

1.2.2 To mitigate increased stormwater runoff rates and volumes from identified new land development;

1.2.3 To minimize the deterioration of existing watercourses, culverts and bridges, and other structures associated with stormwater conveyance;

1.2.4 To encourage water recharge into the ground where geologically favorable conditions exist;

1.2.5 To prevent an increase in non-point source pollution;

1.2.6 To maintain the integrity of stream channels for biological functions, as well as for drainage and other purposes;

1.2.7 To minimize the impact of development upon stream bank and stream bed stability;

1.2.8 To reduce erosion and off-site sedimentation from development or construction projects;

1.2.9 To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution;

1.2.10 To reduce stormwater runoff rates and volumes, soil erosion, and non-point source pollution, wherever practicable, from lands that were developed without stormwater management controls meeting the purposes and standards of this Ordinance as well as future developments; and,

1.2.11 To implement the minimum standards established in this Ordinance to protect water bodies from degradation resulting from changing land use where there are insufficient stormwater management controls.

1.2.12 To protect adjoining property owners from detrimental impacts caused by changing land use and/or drainage.

1.2.13 To ensure that mineral extraction is carried out without adverse impact on water bodies or nearby landowners.

1.2.14 To comply with the standards set forth in 327 IAC 15-13.

1.3 Applicability, Exemptions and General Provisions

This Ordinance shall apply to any development within the unincorporated boundaries of Morgan County within the jurisdiction of this Ordinance which will alter stormwater drainage characteristics of the disturbed land or development site, provided, however, that this Ordinance shall not apply to the following:

1.3.1 The installation or removal of individual mobile homes within a mobile home park. This exemption shall not be construed to apply to the construction, expansion, or modification of a mobile home park,

1.3.2 Farm operations and buildings, except dwellings, directly related to farm operations. This exemption shall not apply to greenhouses and other similar structures for which a construction permit is required,

1.3.3 Plats with preliminary plat approval and other developments with final land use approval prior to the effective date of this Ordinance, where such approvals remain in effect,

1.3.4 Building additions where the total increase in impervious area including parking lots, sidewalks, etc., is less than 0.5 acres except where the Office of the Morgan County Surveyor (OMCS) has identified flooding concerns.

1.3.5 Single Family Homes that are not a part of a larger development (greater than four (4) homes) and disturb less than 0.5 acres.

1.4 Variances

A variance from any or all requirements of this Ordinance may be granted by the specific approval of the OMCS. No variance shall be approved that would ultimately result in failure by the OMCS to meet the requirements of any Federal or State law. Variance requests that are denied will list how it diminishes the protective standards from human health or the environment set forth by the Ordinance. A denied variance may be appealed to the Morgan County Drainage Board (Board) within sixty (60) days of receipt of the denial. Requests for variance from the requirements of this Ordinance must be in written form, addressed to the OMCS and demonstrate the following:

1.4.1 Specify the provision(s) of this Ordinance and/or the provision(s) of the Stormwater Design Manual from which the variance is requested,

1.4.2 Clearly state the reason for the variance request and why the conditions of this Ordinance cannot be met,

1.4.3 Describe how the requested variance does not diminish the protective standards for human health or the environment set forth by the Ordinance.

1.5 Compatibility with Other Permit and Ordinance Requirements

This Ordinance is not intended to interfere with or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this Ordinance should be considered minimum requirements, and where any provision of this Ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

1.6 Severability

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, and paragraph.

1.7 Fees

The fee schedule shall be as established by Ordinance 7-3-6.

A fee of $25.00 shall be charged to cover the costs of labor, materials, and equipment used in photocopying this Ordinance and the Morgan County Stormwater Design Manual.

1.8 Development of a Stormwater Design Manual

The Board has furnished additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this Ordinance in the form of a Morgan County Stormwater Design Manual.

This manual includes details of acceptable stormwater management and treatment practices, including specific design criteria for each stormwater practice. The manual may be updated and expanded as necessary and needed from time to time by the OMCS, subject to approval by the Board, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with the design and sizing criteria will be presumed to meet the minimum water quality and quantity performance standards.

2.0 Definitions

(1) Base Flood – A flood having a one (1) percent probability of being equaled or exceeded in any given year (also referred to as the 100-year flood).

(2) Base Flood Elevation (BFE) – The height of the Base Flood in relation to the National Geodetic Vertical Datum (NGVD) of 1929; commonly referred to as the "100-year flood elevation".

(3) Base Flood Plain – The area inundated by the Base Flood.

(4) Best Management Practice or “BMP” - Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the storm water run-off rate. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other practices that comply with Morgan County’s Stormwater Design Manual.

(5) Board – The Morgan County Drainage Board.

(6) Building – An enclosed structure constructed or erected partially or wholly above ground. The term “building” includes both the above-ground and the below-ground portions of the structure.

(7) Building Opening – Any opening of a solid wall such as a window or door, through which floodwaters could penetrate.

(8) Certifies Survey for Mineral Extraction - A certified survey demonstrating the number and proximity of residences located within the closest and most densely populated quarter mile adjacent to the proposed mineral extraction site.

(9) Certify – A statement that a proposed development meets the requirements of the Morgan County Stormwater Management Ordinance.

(10) Channel – A conveyance intended to carry runoff such as a swale or ditch.

(11) Clean Water Act – The Federal Water Pollution Control Act, 33 USC Sec 1251 et seq., as amended, and the applicable regulations promulgated thereunder.

(12) CLOMR – A conditional Letter of Map Revision. A letter that indicates that FEMA will revise base flood elevations, flood insurance rate zones, flood boundaries, or floodways as shown on an effective FIRM or FBFM, after the as-built or record drawings confirming the proposed conditions are submitted and approved.

(13) CLOMR-F – A Conditional Letter of Map Revision Based on Fill. A letter that indicates that FEMA will revise the base flood boundaries as shown on an effective FIRM. This letter does not apply to map revisions involving BFE or floodway delineation changes.

(14) Construction Site Stormwater Runoff – Stormwater runoff from a development site following a land alteration.

(15) Conveyance – Any pipe, swale, ditch, etc. intended to carry stormwater from one point to another.

(16) Culvert – A closed conduit such as a pipe designed for the conveyance of surface drainage water under a roadway, railroad, embankment or other impediment. (See also Pipe System)

(17) Detention – A system which is designed to capture stormwater, store it and release it over a given period of time through an outlet structure at a controlled rate.

(18) Detention Facility – A manmade structure for the temporary storage of stormwater runoff with a controlled release during or immediately following a storm.

(19) Developed or Development – A land alteration that requires, pursuant to state law or local ordinance, the approval of a site plan, plat, special land use, planned unit development, rezoning of land, land division approval, private road approval or other approvals required for the construction of land or the erection of buildings or structures; provided, however, that for purposes of this Ordinance only, developed or development shall not include the actual construction of, or an addition, extension or modification to, an individual single-family or a two-family detached dwelling.

(20) Developer – Any person proposing or implementing the development of land.

(21) Development Site – Any land that is being or has been developed, or that a developer proposes for development.

(22) Discharger – Any person who directly or indirectly discharges stormwater from any property. Discharger also means any employee, officer, director, partner, contractor, or other person who participates in, or is legally or factually responsible for, any act or omission that is or results in a violation of this Ordinance.

(23) Ditch – An earthen conveyance with side slopes steeper than 5:1 or carrying greater than 10 cubic feet per second,

(24) Drain – A buried slotted or perforated pipe or other conduit (subsurface drain) or a ditch (open drain) for carrying off surplus groundwater or surface water.

(25) Drainage – The collection, conveyance, or discharge of ground water and/or surface water.

(26) Drainage Facilities – All ditches, channels, conduits, retention-detention systems, tiles, swales, sewers, and other natural or artificial means of draining stormwater from land.

(27) Drainageway – The area within which surface water or ground water is carried from one part of a lot or parcel to another part of the lot or parcel or to adjacent land.

(28) Easement - An authorization grant by a property owner for the use by another of any designated part of his property for a clearly specified purpose including but not limited to common pedestrian ways and hiking and biking paths.

(29) Engineer – A person licensed to practice engineering in the State of Indiana.

(30) EPA – The United States Environmental Protection Agency.

(31) Erosion – The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.

(32) Erosion and Sediment Control Plan – A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

(33) Farm Operation – Means any of the following activities involved in carrying on a farm business:

(a) growing, producing, raising or keeping animals or plants, including mushrooms, or the primary products of those plants or animals;

(b) clearing, draining, irrigating or cultivating land;

(c) using farm machinery, equipment, devices, materials and structures;

(d) applying fertilizers, manure, pesticides and biological control agents, including by ground and aerial spraying;

(e) conducting any other agricultural activity on, in or over agricultural land;

and includes

(f) intensively cultivating in plantations, any

(i) specialty wood crops, or

(ii) specialty fiber crops

(g) conducting turf production

(h) processing or direct marketing the products of a farm owned or operated by the farmer, as well as products not of that farm to the extent that the processing or marketing of those products is conducted on the farmer's farm;

(34) FBFM – A Flood Boundary and Floodway Map. A floodplain management map issued by FEMA that depicts, based on detailed engineering analyses, the boundaries of the base or 100-year flood, the 500-year flood, and the floodway.

(35) Federal Emergency Management Agency (FEMA) – The agency of the federal government charged with emergency management.

(36) FIRM – A Flood Insurance Rate Map. A map issued by FEMA that is an official community map, on which FEMA has delineated both the special flood hazard areas and the insurance risk premium zones applicable to the community. This map may or may not include floodways.

(37) Flood or Flooding – A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source.

(38) Floodplain – Any land area subject to periodic flooding.

(39) Flood-Proofing – Any structural and/or non-structural additions, changes, or adjustments to structures or property that reduce or eliminate flood damage to land, or improvements utilities and structures.

(40) Flood Protection Elevation (FPE) or Flood Protection Grade (FPG) – The Base Flood Elevation plus two (2) foot at any given location.

(41) Floodway – The channel of any watercourse and the adjacent land areas that must be reserved to carry and discharge a base flood without cumulatively increasing the water surface elevation more than one-tenth (1/10) of a foot due to the loss of flood conveyance or storage.

(42) Grading – Any stripping, excavating, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition.

(43) Gutter Spread – The spread of water on a roadway surface perpendicular from the face of the gutter into the driving lane.

(44) IDEM – The Indiana Department of Environmental Management.

(45) Illicit Connection – Any method or means for conveying an illicit discharge into water bodies or Morgan County’s stormwater conveyance system.

(46) Illicit Discharge – Any discharge to water bodies that does not consist entirely of stormwater, discharges pursuant to the terms of an NPDES permit, or exempted discharges as defined in this Ordinance.

(47) Impervious Surface – Surface that does not allow stormwater runoff to percolate into the ground such as asphalt, concrete, roofs, and gravel.

(48) Land Alteration – Any action taken relative to land which either:

(a) Removes the natural ground cover;

(b) Changes the contour; or

(c) Increases the runoff rate; or

(d) Changes the elevation; or

(e) Decreases the rate at which water is absorbed; or

(f) Changes the drainage pattern; or

(g) Creates or changes a drainage facility; or

(h) Involves construction, enlargement or location of any building on a permanent foundation; or

(i) Creates an impoundment.

Land alteration includes (by way of example and not of limitation) terracing, grading, excavating, constructing earthwork, draining, installing drainage tile, filling and paving.

(49) Land Surveyor – A person licensed to practice land surveying in the State of Indiana.

(50) LOMA – A Letter of Map Amendment. The official determination by FEMA that a specific structure or lot is not within a regulatory floodplain due to naturally occurring high ground (i.e. without fill). A LOMA amends the effective FIRM.