Morgan County Stormwater Management Ordinancemorgancountysurveyor.com/Data/Sites/1/media/morgan... · Morgan County Stormwater Management Ordinance Dillterra 4740 Swisher Rd West

!!!!!!!!!Morgan County Stormwater Management Ordinance

Dillterra 4740 Swisher Rd West Lafayette, IN 47906 T 765-429-4601 F Work Fax Phone [email protected] Work URL

Table of Contents

1.0 Introduction 1

2.0 General Information 14

3.0 Prohibited Discharges / Connections and Spills 20

4.0 Requirements for Existing Discharges and Land Uses 24

5.0 Stormwater, Drainage, and Erosion Control Requirements 26

6.0 Active Construction Maintenance and Inspection 42

7.0 Performance Standards and Project Completion 47

8.0 Post Construction Maintenance and Inspection 73

9.0 Administration and Enforcement 77

Appendix: A 81

Appendix B 91

Morgan County Stormwater Management Ordinance "i

1.0 Introduction

1.1 Urbanization Traditional development of the landscape with impervious surfaces such as buildings, roads, and parking lots, as well as storm sewer systems and other man-made features, alters the hydrology of a watershed and has the potential to adversely affect water quality and aquatic habitat. As a result of development, vegetated and forested land that consists of pervious surfaces is largely replaced by land uses with impervious surfaces. This transformation increases the amount of stormwater runoff from a site, decreases infiltration and groundwater recharge, and alters natural drainage patterns. This effect is shown schematically in Figure 1. In addition, natural pollutant removal mechanisms provided by on-site vegetation and soils have less opportunity to remove pollutants from stormwater runoff in developed areas. During construction, soils are exposed to rainfall, which increases the potential for erosion and sedimentation. Development can also introduce new sources of pollutants from everyday activities associated with residential, commercial, and industrial land uses. This development process is known as “urbanization.” Stormwater runoff from developed areas is commonly referred to as “urban stormwater runoff.”

!Urban stormwater runoff can be considered both a point source and a nonpoint source of pollution. Stormwater runoff that flows into a conveyance system and is discharged through a pipe, ditch, channel, or other structure is considered a point source discharge under EPA’s National Pollutant Discharge Elimination System (NPDES) permit program. Stormwater runoff that flows over the land surface and is not concentrated in a defined channel is considered nonpoint source pollution. In most cases stormwater runoff begins as a nonpoint source and becomes a point source discharge (MADEP, 1997). Both point and nonpoint sources of urban stormwater runoff have been shown to be significant causes of water quality impairment (EPA, 2000).

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!!!!!!!!!!!!!!!!!!!!!!!!!!!!Impervious cover has emerged as a measurable, integrating concept used to describe the overall health of a watershed. Numerous studies have documented the cumulative effects of urbanization on stream and watershed ecology (See, e.g., Schueler et al., 1992; Schueler, 1994; Schueler, 1995; Booth and Reinelt, 1993, Arnold and Gibbons, 1996; Brant, 1999; Shaver and Maxted, 1996). Research has shown that when impervious cover in a watershed reaches between 10 and 25 percent, ecological stress becomes clearly apparent. Beyond 25 percent, stream stability is reduced, habitat is lost, water quality becomes degraded, and biological diversity decreases (NRDC, May 1999). Figure 2 illustrates this effect.

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Figure 1. Impacts of Urbanization on the Hydrologic Cycle

Source: Federal Interagency SRWG, 2000.

!!!!!!!!!!!!!!!!To put these thresholds into perspective, typical total imperviousness in medium density, single-family home residential areas ranges from 25 to nearly 60 percent (Schueler, 1995). Table 1 indicates typical percentages of impervious cover for various land uses in central Indiana. As land is developed, the impervious surfaces that are created increase the amount of runoff during rainfall events, disrupting the natural hydrologic cycle. Without stormwater controls, the increased runoff can erode stream channels, increase pollutant loadings, cause downstream flooding, and prevent groundwater recharge. The increased runoff can degrade water quality in all types of waters, including those classified as water supply watersheds and nutrient-sensitive waters. Protecting these waters is vital for a number of reasons, including the protection of fish and wildlife habitat, human health, recreation, and drinking water supplies.

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Morgan County Stormwater Management Ordinance "3

Figure 2. Relationship Between Watershed Imperviousness and Stream Health

Source: California NEMO Partnership Fact Sheet 3 (Adapted from Schueler, 1992).

1.2 Impacts The impacts of development on stream ecology can be grouped into four categories:

1. Hydrologic Impacts

2. Stream Channel and Floodplain Impacts

3. Water Quality Impacts

4. Habitat and Ecological Impacts

!The extent of these impacts is a function of climate, level of imperviousness, and change in land use in a watershed (WEF and ASCE, 1998). Each of these impacts is described further in the following sections.

!1.3 Hydrologic Impacts Development can dramatically alter the hydrologic regime of a site or watershed as a result of increases in impervious surfaces. The impacts of development on hydrology may include:

!1. Increased runoff volume

Land uses Runoff from a 4-inch rainfall

(inches)

Runoff volume from 4-inch rainfall on 1 acre

(gallons)

Average yearly runoff* from this land use in

central IndianaForest 0.5 inch 13,600 0.3 inchesGrass

(meadow, lawns, parks )

0.8 inches 21,700 0.4 inches

Corn/soybeans 2.0 inches 54,300 1.1 inch

Roofs/pavement

3.9 inches 105,900 19 inches


Source: The Purdue University/EPA Web site. "Long-Term Hydrologic Impact Assessment" enables the user to input any combination of land use and soil type and find the long-term runoff amounts. The program can be found at http://danpatch.ecn.purdue.edu/~sprawl/LTHIA

Table 1. Average Yearly Runoff Rates from Landuse Types in Central Indiana

2. Increased peak discharges

3. Decreased runoff travel time

4. Reduced groundwater recharge

5. Reduced stream baseflow

6. Increased frequency of bankfull and overbank floods

7. Increased flow velocity during storms

8. Increased frequency and duration of high stream flow

!1.4 Stream Channel and Floodplain Impacts Stream channels in urban areas respond to and adjust to the altered hydrologic regime that accompanies urbanization. The severity and extent of stream adjustment is a function of the degree of watershed imperviousness (WEF and ASCE, 1998).

The impacts of development on stream channels and floodplains may include:

1. Channel scour, widening, and downcutting

2. Streambank erosion and increased sediment loads

3. Shifting bars of coarse sediment

4. Burying of stream substrate

5. Loss of pool/riffle structure and sequence

6. Man-made stream enclosure or channelization

7. Floodplain expansion

!1.5 Water Quality Impacts Urbanization increases the discharge of pollutants in stormwater runoff. Development introduces new sources of stormwater pollutants and provides impervious surfaces that accumulate pollutants between storms. Structural stormwater collection and conveyance systems allow stormwater pollutants to quickly wash off during storm or snowmelt events and discharge to downstream receiving waters. By contrast, in undeveloped areas, natural processes such as infiltration, interception, depression storage, filtration by vegetation, and evaporation can reduce the quantity of stormwater runoff and remove pollutants. Impervious areas decrease the natural stormwater purification functions of watersheds and increase the potential for water quality impacts in receiving waters.


Urban land uses and activities can also degrade groundwater quality if stormwater with high pollutant loads is directed into the soil without adequate treatment. Certain land uses and activities, sometimes referred to as stormwater “hotspots” (e.g., commercial parking lots, vehicle service and maintenance facilities, and industrial rooftops), are known to produce higher loads of pollutants such as metals and toxic chemicals. Soluble pollutants can migrate into groundwater and potentially contaminate wells in groundwater supply aquifer areas.

Table 2 lists the principal pollutants found in urban stormwater runoff, typical pollutant sources, related impacts to receiving waters, and factors that promote pollutant removal.

Stormwater Pollutant

Potential Sources Receiving Water Impacts Removal Promoted By

Excess Nutrients Nitrogen, Phospho-rus (Soluble)

Animal waste, fertilizers, failing septic systems, landfills, atmospheric deposition, erosion and sedimentation, illicit sanitary connections

Algal growth ,nuisance plants, ammonia toxicity, reduced clarity, oxygen deficit (hypoxia), pollutant recycling from sediments, decrease in submerged aquatic vegetation

Phosphorus: HIgh soil exchangeable aluminum and/or iron content, vegetation, and aquatic plants Nitrogen: Alternating aerobic and anaerobic conditions, low levels of toxicants, near neutral pH (7)

Sediments Suspended, Dis-solved, Deposited, Sorbed Pollutants

Construction sites, streambank erosion, washoff from impervious surfaces

Increased turbidity, lower dissolved oxygen, deposition of sediments, aquatic habitat alteration, sediment and benthic toxicity

Low turbulence, increased residence time

Pathogens Bacteria, Viruses

Animal waste, failing septic systems, illicit sanitary connections

Human health risk via drinking water supplies, contaminated swimming beaches, and contaminated fish consumption

High light (ultraviolet radiation), increased residence time, media/soil filtration, disinfection


Table 2. Principal Pollutants in Stormwater Runoff

Organic Materials Biochemical Oxygen Demand, Chemical Oxygen Demand

Leaves, grass clippings, brush, failing septic systems

Lower dissolved oxygen, odors, fish kills, algal growth, reduced clarity

Aerobic conditions, high light, soil organic content, low levels of toxicants, near neutral pH (7)

Hydrocarbons Oil and Grease

Industrial processes, commercial processes, automobile wear, emissions, fluid leaks, improper oil disposal

Toxicity of water column and sediments, bioaccumulation in food chain organisms

Low turbulence, increased residence time, physical separation or capture techniques

Metals Copper, Lead, Zinc, Mercury, Chromium, Aluminum (Soluble)

Industrial processes, nor-mal wear of automobile brake linings and tires, automobile emissions and fluid leaks, metal roofs

Toxicity of water column and sediments, bioaccumu-lation in food chain organ-isms

High soil organic content, high soil cation exchange capacity, near neutral pH (7)

Synthetic Organic Chemicals Pesticides, VOCs, SVOCs, PCBs, PAHs (Soluble)

Residential, commercial, and industrial application of herbicides, insecticides, fungicides, rodenticides; industrial processes; commercial processes

Toxicity of water column and sediments, bioaccumu-lation in food chain organ-isms

Aerobic conditions, high light, high soil organic content, low levels of toxi-cants, near neutral pH (7), high tem-perature and air movement for volatilization of VOCs

Deicing Con-stituents Sodium, Calcium, Potassium, Ethylene Glycol, Other Pollu-tants (Soluble)

Road salting and uncov-ered salt storage. Snowmelt runoff from snow piles in parking lots and roads during the spring snowmelt season or during winter rain on snow events.

Toxicity of water column and sediments, contamina-tion of drinking water, harm-ful to salt intolerant plants. Concentrated loadings of other pollutants as a result of snowmelt.

Aerobic conditions, high light, high soil organic content, low levels of toxi-cants, near neutral pH (7)

Trash and Debris Litter washed through storm drain network

Degradation of aesthetics, threat to wildlife, potential clogging of storm drainage system

Low turbulence, physical straining/capture




Source: Adapted from DEP, 1995; Metropolitan Council, 2001; Watershed Management Institute, Inc., 1997

!Excess Nutrients

Urban stormwater runoff typically contains elevated concentrations of nitrogen and phosphorus that are most commonly derived from lawn fertilizer, detergents, animal waste, atmospheric deposition, organic matter, and improperly installed or failing septic systems. Nutrient concentrations in urban runoff are similar to those found in secondary wastewater effluents (American Public Works Association and Texas Natural Resource Conservation Commission). Elevated nutrient concentrations in stormwater runoff can result in excessive growth of vegetation or algae in streams, lakes, reservoirs, and estuaries, a process known as accelerated eutrophication. Phosphorus is typically the growth-limiting nutrient in freshwater systems, while nitrogen is growth-limiting in estuarine and marine systems. This means that in marine waters algal growth usually responds to the level of nitrogen in the water, and in fresh waters algal growth is usually stimulated by the level of available or soluble phosphorus (DEP, 1995).

Nutrients are a major source of degradation in many of Indiana’s water bodies. Excessive nitrogen loadings have led to hypoxia, a condition of low dissolved oxygen, in many Indiana lakes. Phosphorus in runoff has impacted the quality of many of Indiana’s lakes and ponds, which are susceptible to eutrophication from phosphorus loadings. Nutrients are also detrimental to submerged aquatic vegetation. Nutrient enrichment can favor the growth of epiphytes (small plants that grow attached to other things) and increase amounts of phytoplankton and zooplankton in the water column, thereby decreasing available light. Excess nutrients can also favor the growth of macroalgae, which can dominate and natural vegetative beds and dramatically change the food web (Deegan et al., 2002).

!Sediments

Freshwater Impacts

Stormwater discharges to tidal wetlands and estuar-ine environments

Dilution of the high marsh salinity and encouragement of the invasion of brackish or upland wetland species

such as Phragmites

Stormwater retention and volume re-duction

Thermal Impacts Runoff with elevated tem-peratures from contact with impervious surfaces (asphalt)

Adverse impacts to aquatic organisms that require cold and cool water conditions

Use of wetland plants and trees for shading, increased pool depths




Sediment loading to water bodies occurs from washoff of particles that are deposited on impervious surfaces such as roads and parking lots, soil erosion associated with construction activities, and streambank erosion. Although some erosion and sedimentation is natural, excessive sediment loads can be detrimental to aquatic life including phytoplankton, algae, benthic invertebrates, and fish, by interfering with photosynthesis, respiration, growth, and reproduction. Solids can either remain in suspension or settle to the bottom of the water body. Suspended solids can make the water cloudy or turbid, detract from the aesthetic and recreational value of a water body, and harm submerged aquatic vegetation, finfish, and shellfish. Sediment transported in stormwater runoff can be deposited in a stream or other water body or wetland and can adversely impact fish and wildlife habitat by smothering bottom dwelling aquatic life and changing the bottom substrate. Sediment deposition in water bodies can result in the loss of deep-water habitat and can affect navigation, often necessitating dredging. Sediment transported in stormwater runoff can also carry other pollutants such as nutrients, metals, pathogens, and hydrocarbons.

!Pathogens

Pathogens are bacteria, protozoa, and viruses that can cause disease in humans. The presence of bacteria such as fecal coliform or enterococci is used as an indicator of pathogens and of potential risk to human health (DEP, 1995). Pathogen concentrations in urban runoff routinely exceed public health standards for water contact recreation. Sources of pathogens in stormwater runoff include animal waste from pets, wildlife, and waterfowl; combined sewers; failing septic systems; and illegal sanitary sewer cross-connections. High levels of indicator bacteria in stormwater have commonly led to the closure of beaches and other public waterways.

!Organic Materials

Oxygen-demanding organic substances such as grass clippings, leaves, animal waste, and street litter are commonly found in stormwater. The decomposition of such substances in water bodies can deplete oxygen from the water, thereby causing similar effects to those caused by nutrient loading. Organic matter is of primary concern in water bodies where oxygen is not easily replenished, such as slower moving streams, lakes, and estuaries. An additional concern for unfiltered water supplies is the formation of trihalomethane (THM), a carcinogenic disinfection byproduct generated by the mixing of chlorine with water high in organic carbon (NYDEC, 2001).

!Hydrocarbons

Urban stormwater runoff contains a wide array of hydrocarbon compounds, some of which are toxic to aquatic organisms at low concentrations (Woodward- Clyde, 1990). The primary sources


of hydrocarbons in urban runoff are automotive. Source areas with higher concentrations of hydrocarbons in stormwater runoff include roads, parking lots, gas stations, vehicle service stations, residential parking areas, and bulk petroleum storage facilities.

!Metals

Metals such as copper, lead, zinc, mercury, and cadmium are commonly found in urban stormwater runoff. Chromium and nickel are also frequently present (USEPA, 1983). The primary sources of these metals in stormwater runoff are vehicular exhaust residue, fossil fuel combustion, corrosion of galvanized and chrome-plated products, roof runoff, stormwater runoff from industrial sites, and the application of deicing agents. Architectural copper associated with building roofs, flashing, gutters, and downspouts has been shown to be a source of copper in stormwater runoff (Barron, 2000; Tobiason, 2001). Marinas have also been identified as a source of copper and aquatic toxicity to inland waters (Sailer Environmental, Inc. 2000). Washing or sandblasting of boat hulls also removes some of the bottom paint, which contains copper and zinc additives to protect hulls from deterioration.

Discharge of metals to surface waters is of particular concern. Metals can be toxic to aquatic organisms, can bioaccumulate, and have the potential to contaminate drinking water supplies. Additionally, stormwater runoff can contribute to elevated metals in aquatic sediments. The metals can become bioavailable where the bottom sediment is anaerobic (without oxygen) such as in a lake or estuary. Metal accumulation in sediments has resulted in impaired aquatic habitat and more difficult maintenance dredging operations in estuaries because of the special handling requirements for contaminated sediments.

!Synthetic Organic Chemicals

Synthetic organic chemicals can also be present at low concentrations in urban stormwater. Pesticides, phenols, polychlorinated biphenyls (PCBs), and polynuclear or polycyclic aromatic hydrocarbons (PAHs) are the compounds most frequently found in stormwater runoff. Such chemicals can exert varying degrees of toxicity on aquatic organisms and can bioaccumulate in fish and shellfish. Toxic organic pollutants are most commonly found in stormwater runoff from industrial areas. Pesticides are commonly found in runoff from urban lawns and rights-of-way (NYDEC, 2001). A review of monitoring data on stormwater runoff quality from industrial facilities has shown that PAHs are the most common organic toxicants found in roof runoff, parking area runoff, and vehicle service area runoff (Pitt et al., 1995).

!Deicing Constituents

Salting of roads, parking lots, driveways, and sidewalks during winter months and snowmelt during the early spring result in the discharge of sodium, chloride, and other deicing compounds


to surface waters via stormwater runoff. Excessive amounts of sodium and chloride may have harmful effects on water, soil and vegetation, and can also accelerate corrosion of metal surfaces. Drinking water supplies, particularly groundwater wells, may be contaminated by runoff from roadways where deicing compounds have been applied or from highway facilities where salt mixes are improperly stored. In addition, sufficient concentrations of chlorides may prove toxic to certain aquatic species. Excess sodium in drinking water can lead to health problems in infants (“blue baby syndrome”) and individuals on low sodium diets. Other deicing compounds may contain nitrogen, phosphorus, and oxygen demanding substances. Antifreeze from automobiles is a source of phosphates, chromium, copper, nickel, and cadmium.

Other pollutants such as sediment, nutrients, and hydrocarbons are released from the snowpack during the spring snowmelt season and during winter rain-on-snow events. The pollutant loading during snowmelt can be significant and can vary considerably during the course of the melt event (NYDEC, 2001). For example, a majority of the hydrocarbon load from snowmelt occurs during the last 10 percent of the event and towards the end of the snowmelt season (Oberts, 1994). Similarly, PAHs, which are hydrophobic materials, remain in the snowpack until the end of the snowmelt season, resulting in highly concentrated loadings (Metropolitan Council, 2001).

!Trash and Debris

Trash and debris are washed off of the land surface by stormwater runoff and can accumulate in storm drainage systems and receiving waters. Litter detracts from the aesthetic value of water bodies and can harm aquatic life either directly (by being mistaken for food) or indirectly (by habitat modification). Sources of trash and debris in urban stormwater runoff include residential yard waste, commercial parking lots, street refuse, combined sewers, illegal dumping, and industrial refuse.

!Freshwater Impacts

Perturbations to wetland hydrology can cause fluctuations in the character of ecosystem that are seen as changes in the species composition and richness, primary productivity, organic deposition and flux, and nutrient cycling. Naturally occurring quantities of runoff with seasonal fluctuations are essential for the maintenance of a wetland, and moderate amounts of nutrients and sediment in the runoff can increase a wetland’s productivity (USEPA, 1993).

!Thermal Impacts

Impervious surfaces may increase temperatures of stormwater runoff and receiving waters. Roads and other impervious surfaces heated by sunlight may transport thermal energy to a stream during storm events. Direct exposure of sunlight to shallow ponds and impoundments as well as unshaded streams may further elevate water temperatures. Elevated water temperatures


can exceed fish and invertebrate tolerance limits, reducing survival and lowering resistance to disease. Coldwater fish such as trout may be eliminated, or the habitat may become marginally supportive of coldwater species. Elevated water temperatures also contribute to decreased oxygen levels in water bodies and dissolution of solutes.

!1.6 Habitat and Ecological Impacts Changes in hydrology, stream morphology, and water quality that accompany the development process can also impact stream habitat and ecology. A large body of research has demonstrated the relationship between urbanization and impacts to aquatic habitat and organisms (Table 3). Habitat and ecological impacts may include:

!1. A shift from external (leaf matter) to internal (algal organic matter) stream production

2. Reduction in the diversity, richness, and abundance of the stream community (aquatic insects, fish, amphibians)

3. Destruction of freshwater wetlands, riparian buffers, and springs

4. Creation of barriers to fish migration

!1.7 Impacts on Other Receiving Environments The majority of research on the ecological impacts of urbanization has focused on streams. However, urban stormwater runoff has also been shown to adversely impact other receiving environments such as wetlands, lakes, and estuaries. Development alters the physical, geochemical, and biological characteristics of wetland systems. Lakes, ponds, wetlands, and submerged aquatic vegetation are impacted through deposition of sediment and particulate pollutant loads, as well as accelerated eutrophication caused by increases in nutrient loadings. Table 3 summarizes the effects of urbanization on these receiving environments.

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Receiving Environment ImpactsWetlands • Changes in hydrology and hydrogeology

• Increased nutrient and other contaminant loads

• Compaction and destruction of wetland soil

• Changes in wetland vegetation

• Changes in or loss of habitat

• Changes in the community (diversity, richness, and abundance) of organisms

• Loss of particular biota

• Permanent loss of wetlands

Lakes and Ponds • Impacts to biota on the lake bottom due to sedimentation

• Contamination of lake sediments

• Water column turbidity

• Aesthetic impairment due to floatables and trash

• Increased algal blooms and depleted oxygen levels due to nutrient enrichment, result-ing in an aquatic environment with decreased diversity

• Contaminated drinking water supplies


Table 3. Effects of Urbanization on Other Receiving Environments

2.0 General Information

2.1 Title This Subtitle shall be known as the “Stormwater Ordinance”, and may be cited as such.

!2.2 Preamble This Stormwater Ordinance, adopted by the Morgan County Board of Commissioners, sets for the administrative procedures, standards, and enforcement remedies which shall be used by the Morgan County Surveyors Office (MSCO) in meeting the requirements of Phase II of the National Pollutant Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management’s Rule 13 (327 IAC 15-13), and the Indiana Department of Environmental Management’s Rule 5 (327 IAC 15-5). This Ordinance is adopted in accordance with the statutory authority granted under I.C. 36-1-1 and 36-9-27.

!2. 3 Purpose and Objectives The purpose of this Stormwater Ordinance is to provide for the health, safety, and general welfare of the citizens of Morgan County through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. This Ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with the National Pollutant Discharge Elimination System (NPDES) permit requirements.

!The objectives of the Ordinance are:

1. To regulate contributions of pollutants to the MS4 by stormwater discharges by any user.

2. To prohibit Illicit Discharges and Illegal Connections to the MS4.

3. To establish legal authority to carry out all inspections, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this Ordinance.

4. Protect, to the greatest extent practicable, life, property and the environment from loss, injury and damage by pollution, erosion, flooding, landslides, strong ground motion, soil


liquefaction, accelerated soil creep, settlement and subsidence, and other potential hazards, whether from natural causes or from human activity;

5. Protect the public interest in drainage and related functions of drainage basins, watercourses and shoreline areas;

6. Protect surface waters and receiving waters from pollution, mechanical damage, excessive flows and other conditions in their drainage basins which will increase the rate of downcutting, streambank erosion, and/or the degree of turbidity, siltation and other forms of pollution, or which will reduce their low flows or low levels to levels which degrade the environment, reduce recharging of groundwater, or endanger aquatic and benthic life within these surface waters and receiving Waters of the State or Waters of the US;

7. To prevent accelerated soil erosion and to control stormwater runoff resulting from earth changes proposed within Morgan County, both during and after construction; including ensuring property owners control the volume and rate of stormwater runoff originating from their property so that surface water and groundwater quality is protected, soil erosion minimized, and flooding potential is reduced.

8. To reduce long-term expenses and remedial projects which are caused by uncontrolled stormwater runoff and soil erosion.

9. To reduce the detrimental impacts of stormwater flows on downstream communities.

10. Fulfill the responsibilities of the County as trustee of the environment for future generations.

!2.4 Applicability, Exemptions, and General Provisions This Ordinance shall apply to any development within all areas of Morgan County that are not within other municipalities boundaries and are within the jurisdiction of this Ordinance which will alter stormwater drainage characteristics of the disturbed land or development site, including:

1. All grading and drainage and erosion control, whether or not a permit is required;

2. All new development and redevelopment, whether or not a permit is required;

3. All new and existing discharges directly or indirectly to a public drainage control system; and

4. All new and existing land uses.

This Ordinance will not apply to:

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


2. Plats with preliminary approval and other developments with final land use approval no more than two years prior to the effective date of this Ordinance, where such approvals remain in effect;

3. Building additions where the total increase in impervious area including parking lots, sidewalks, etc is less than 0.5 acres except where the Morgan County Surveyors Office has identified flooding concerns or is located in an area the MCSO has classified as a sensitive water body; and

4. Single Family Homes that are not apart of a larger development and disturb less than 0.5 acres. However, Single Family Homes, regardless of location and size must submit a lot specific Erosion and Sediment Control plan per 5.2.1.3 of this Ordinance. This plan must illustrate basic erosion control measures per the Indiana Department of Natural Resources, Division of Soil Conservation publication “Erosion and Sediment Control for Individual Building Sites”.

!2.5 Access to Facilities 1. The MCSO or its representative shall be permitted to enter and inspect any premises subject

to regulation under this Ordinance or subject to the conditions of a NPDES stormwater discharge permit as often as may be necessary to comply terms and conditions of this Ordinance. If a said premise has security measures in force, which require proper identification and clearance before entry into its premise, the owner of said premise shall make the necessary arrangements to allow access to representatives of the MCSO.

2. The MCSO shall be provided ready access to all parts of the premises for the purposes of inspection, sampling, examination and provided all access to all records that must be kept under the conditions of a NPDES stormwater discharge permit or this Ordinance and shall be permitted to make copies of said records, and the performance of any additional duties as defined by State and Federal law and any other applicable codes, ordinances, or laws which would otherwise have jurisdiction over the provision of this Ordinance.

3. Unreasonable delay or refusal to allow the MCSO access to a premise subject to regulation under this Ordinance or subject to the conditions of a NPDES stormwater discharge permit is a violation of this Ordinance.

4. If the MCSO has been refused access to any part of the premise, and the MCSO is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample any discharges as part of an inspection and sampling program developed to verify compliance with this Ordinance or any order issued hereunder, and/or to protect the overall public health, safety, and welfare of Morgan County, then the MCSO may seek issuance of a search warrant from any court of competent jurisdiction.


5. Any temporary or permanent obstruction to safe and easy access to the premise to be inspected and/or sampled shall be promptly removed by the owner of the premises at the written or oral request of the MCSO and shall not be replaced. The costs of clearing such access shall be borne by the owner of the premise.

6. It shall be unlawful for the entity of any premise to refuse to allow the MCSO or its representative to enter upon the premise for the purposes set forth in Chapter 6 of this Ordinance.

!2.6 Variances A variance from any or all requirements of this Ordinance may be granted by the specific approval of the MCSO. No variance shall be approved that would ultimately result in failure by the MCSO 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 MCSO and demonstrate the following:

1. Specify the provision(s) of this Ordinance and/or the provision(s) of the Stormwater Technical Standards Manual from which the variance is requested;

2. Clearly state the reason for the variance request and why the conditions of the Ordinance can not be met, and;

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

!2.7 Compliance with Other Laws 1. The requirements of this Ordinance are minimum requirements. They do not replace, repeal,

abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this Ordinance imposes requirements which are more protective of human health or the environment than those set forth elsewhere, the provisions of this Ordinance shall prevail.

2. Approvals and permits granted under this Ordinance are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable Federal, State and local laws and regulations, including rules promulgated under authority of this Ordinance.

!Morgan County Stormwater Management Ordinance "17

2.8 Severability The provisions of this Ordinance are hereby declared severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance.

!2.9 Ultimate Responsibility The standards set forth herein and promulgated pursuant to this Ordinance are minimum standards: therefore this Ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharges of pollutants.

!2.10 Development of a Stormwater Technical Standards 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 Technical Standards 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 by the MCSO, 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 as outlined in this Ordinance.

!2.11 Effective Dates This Ordinance shall take effect ______________ and after publication according to statute.

!2.12 Disclaimer of Liability 1. Nothing contained in this Ordinance is intended to be nor shall be construed to create or form

the basis for any liability on the part of the County, or its officers, employees or agents for any injury or damage resulting from the failure of responsible parties to comply with the provisions of this Ordinance, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Ordinance, or by reason of any action or inaction on the part of the County related in any manner to the enforcement of this Ordinance by its officers, employees or agents.


2. The Administrator or its designee, acting in good faith and without malice on behalf of the County, shall not be personally liable for any damage that may accrue to persons or property as a result of any act required by the County, or by reason of any act or omission in the discharge of these duties. Any suit brought against the MCSO or other employee because of an act or omission performed in the enforcement of any provisions of this Ordinance, shall be defended by the County.

3. Nothing in this Ordinance shall impose any liability on the County or any of its officers or employees for clean up or any harm relating to sites containing hazardous materials, wastes or contaminated soil.

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3.0 Prohibited Discharges / Connections and Spil ls

3.1 Illicit Discharges Defined No person shall discharge or cause to be discharged into the stormwater conveyance system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. These regulations apply to all discharges, including illegal dumping, entering the storm drain system under the control of the Morgan County Drainage Board regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.

!3.2 Prohibition of Illicit Discharges 1. The construction, use, maintenance or continued existence of illicit connections to the storm

drain system is prohibited.

2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

3. A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to any storm drain under the control of the Morgan County Drainage Board, or allows such a connection to continue.

!3.3 Exemptions & Prohibitions

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

1. Discharges from the sources listed below shall only be illicit discharges if the MCSO determines that the type of discharge, whether singly or in combination with others, is causing or contributing to a violation of the County’s NPDES stormwater permit or is causing or contributing to a water quality problem, such as those which contain more


contamination than typical discharges in the County, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the County: water line flushing or other potable sources; washing of potable water storage reservoirs; landscape irrigation or lawn watering; diverted stream flows; rising ground water; ground water infiltration into storm drains; uncontaminated pumped ground water; foundation or footing drains (not including active groundwater dewatering systems); uncontaminated water from crawl space pumps; air conditioning condensation; natural springs; heat; discharges in compliance with an NPDES permit; non-commercial washing of vehicles; natural riparian habitat or wetland flows; swimming pools (if dechlorinated- >1 ppm Chlorine); fire fighting activities; and any other water source not containing pollutants.

2. Discharges specified in writing by the MCSO as being necessary to protect human health and safety.

3. Dye testing is an allowable discharge, but requires verbal notification to the MCSO prior to the time of testing.

4. The prohibition shall not apply to any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

5. The prohibition shall not apply to agricultural and timber harvesting activities. Farm residences are not included in this exemption.

5.1. Agricultural activities shall mean tillage, planting, cultivation or harvesting operation for the production of agricultural or nursery vegetative crops; and includes the pasturing and confined feeding of livestock, except for livestock operations which are subject to the Indiana Confined Feeding Control Statue (I.C. 13-18-10). The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. For the purposes of this Ordinance, the term does not include land disturbing activities for the construction of agricultural related facilities such as: barns, buildings to house livestock, roads associated with infrastructure, agricultural waste lagoons and facilities, lakes and ponds, wetlands, and other infrastructure.

5.2. Timber harvesting shall mean the act or process of cutting or gathering trees, standing or felled, and logs. Timber harvesting shall include the act or process or cutting or gathering of firewood, Christmas trees, fruit or ornamental trees.

6. Any construction project which has had its drainage plan approved by the Morgan County Surveyors Office within two years prior to the effective date of this Ordinance shall be ex-


empt from all requirements of this Ordinance that are in excess of the requirements of Ordi-nances in effect at the time of approval. !

The following is a partial list, provided to define the intent of this section, of common substances which are illicit discharges when allowed to enter a public drainage control system:

Solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive and petroleum products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent; ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel.

!3.4 Suspension of MS4 Access due to Detection of Illicit Discharges Any person discharging within this MS4 in violation of this Ordinance may have their MS4 access terminated if such termination would abate or reduce the illicit discharge. The MCSO will notify a violator of the proposed termination of its MS4 access. The violator may petition the MCSO for a reconsideration and hearing.

A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Morgan County Drainage Board.

!3.5 Suspension Due to Illicit Discharges in Emergency Situations The Morgan County Surveyors Office may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened release which presents or may present imminent and substantial danger to the environment, or to health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the MCSO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.

!3.6 Industrial or Construction Activity Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Morgan County Surveyors Office prior to the allowing of discharges to the MS4.


3.8 Testing for Illicit Discharges

When the MCSO has reason to believe that any discharge is an illicit discharge, the MCSO may access the property as defined in Section 2.5 of this Ordinance, sample and analyze the discharge, and recover the costs from a responsible party in an enforcement proceeding. When the discharge is likely to contain illicit discharge on a recurring basis, the MCSO may conduct, or may require the responsible party to conduct, ongoing monitoring at the responsible party’s expense.

!3.9 Enforcement

Enforcement actions shall follow those outlined in Chapter 9 of this document.

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4.0 Requirements for Existing Discharges and Land Uses

4.1 General Good Housekeeping For all existing discharges directly or indirectly to the Morgan County storm water conveyance system under the control of the Drainage Board, responsible parties shall implement and maintain nonstructural best management practices as specified in rules promulgated by the MCSO. Nonstructural best management practices shall include, but not be limited to, maintenance and housekeeping practices such as cleaning of catch basins and detention facilities, sweeping of parking lots, storing oil barrels and other contaminant sources out of the rain, covering material stockpiles, and proper use and storage of hazardous materials.

!If the MCSO determines that discharges from a drainage control facility are causing or contributing to a water quality problem, such as discharges that violate the County’s municipal stormwater NPDES permit or that cannot be adequately addressed by nonstructural best management practices, including, but not limited to, areas with recurrent spills such as discharges from vehicle maintenance shops or gas stations, then the MCSO may require the responsible party to undertake more stringent or additional best management practices. These best management practices may include structural best management practices, or other action necessary to cease causing or contributing to the water quality problem or the violation of the County’s permit. Structural best management practices include but shall not be limited to constructed facilities such as detention tanks, wet ponds, oil/water separators, grassed swales, roofing and berming of container storage areas, and revised piping systems.

!4.2 Spill Prevention

All commercial and industrial responsible parties shall take measures to prevent spills or other accidental introduction of illicit discharges into the Morgan County storm water conveyance system under the control of the Drainage Board. Such measures shall include:

1. Establishment and implementation of plans and procedures to prevent spills and other accidental releases of materials that may contaminate stormwater;

2. Implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of stormwater; and


3. Provision of necessary containment and response equipment on-site, and training of personnel regarding the procedures and equipment to be used.

The provisions of this Subsection may be satisfied by a Stormwater Pollution Prevention Plan prepared in compliance with an NPDES industrial stormwater permit for the site. The responsible parties shall make the plans and procedures required by this Subsection available to the MCSO when requested.

4.3 Release Reporting Required

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Morgan County Surveyors Office within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its reocurrence. Such records shall be retained for at least three years.

4.4 Natural Drainage Patterns and Watercourses

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly impede the flow of water through the water course. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Specifically, this requirement will include swales within a subdivision containing privacy fences. In the event that the project requires a permit from the Department of Natural Resources or the Indiana Department of Environmental Resources, it is the responsibility of the landowner to obtain such permits and provide copies to the Surveyors Office when necessary.


5.0 Stormwater, Drainage, and Erosion Control Requirements

5.1 Regulated Development No person, firm, corporation or governmental agency shall commence any development regulated by this Ordinance on any lot or parcel of land without first obtaining a Stormwater Permit or a Soil Erosion and Sediment Control Permit from the MCSO. A permit shall be issued if the proposed development meets the requirements of this Ordinance. A final Certificate of Occupancy will not be issued until the performance standards per Chapter 6 of this Ordinance are met.

1. Stormwater Permit Fees. The Morgan County Surveyors Office shall compile the requirements for the fees in an administrative manual. The manual shall be approved by the Morgan County Drainage Board and shall be made available to the public. Current regulations for fees are present in Ordinance No. 7-3-6.2: An Ordinance Establishing Procedures and Fees for Permits For Access to Regulated Drains within Morgan County.

2. Stormwater permits shall be required for any development which:

2.1. Disturbs 0.5 acres or more or is part of a Larger Common Plan; or

2.2. Is a linear project that disturbs 10,000 sqft or more; or

2.3. Is located in a Regulatory Floodplain; or

2.4. Modifies a riverine flood-prone area where the tributary drainage area is greater than 40 acres; or

2.5. Modifies a non-riverine flood-prone area where the tributary drainage area is greater than 20 acres; or

2.6. Is located in a depressional storage area with a storage volume of 0.75 acre-feet or more; or

2.7. Impacts a wetland or riparian environment of 1/10 acre or more within an area defined as a Water of the US or Waters of the State.

3. Larger Common Plans are defined as the following:


3.1. A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities that ultimately disturbs 0.5 acres or more over a period of five years; or

3.2. Any proposed development activity that occurs on a lot or parcel of land that has contiguous lots or parcels of lands owned in whole, or in part, by the same property owner, then the criteria as defined by this Ordinance will be applied to the total land area compiled from aggregate ownership parcels.

3.3. A Larger Common Plan expires five years after the site is stabilized in compliance with the requirements of this Ordinance, all proposed construction causing land disturbing activities has been completed, and the Notice of Termination has been submitted and accepted by the MCSO. Water quantity control shall not be required for modifications to these sites provided that the originally permitted curve number aligns with the proposed impervious surfaces. All other requirements of this Ordinance shall be met.

4. Approval of Exceptions Required. Exceptions to the requirements of this Subtitle may not be used on any projects, including those that are below the threshold sizes specified in section 5.2, unless allowed by rule promulgated by the MCSO. Approval shall be obtained prior to initiating land disturbing activities or new development or redevelopment. Approvals must be obtained for exceptions to any and all requirements of this Subtitle, including but not limited to the requirement that natural drainage patterns be maintained and the requirement that watercourses not be obstructed. See Section 2.5 regarding Variances.

!5.2 Stormwater Permit Classification The storm water permit process has been developed such that the level of permitting required matches the scope of work. One of the following types of permit will be required on all projects in Morgan County: Sediment and Erosion Control Permit, Minor Stormwater Permit, or a Major Stormwater Permit (See Table 4).

1. Soil Erosion and Sediment Control Permit

1.1. A commercial project less than 0.5 acres and is not part of a Larger Common Plan

1.2. Any linear project that disturbs 10,000 square feet or more but does not meet any of the thresholds listed below. A soil erosion and sediment control permit may include additional requirements for activities in Special Management Areas.

1.3. Any residential project less than 0.5 acres, not part of a Larger Common Plan, is exempt from the requirements of the Soil Erosion and Sediment Control Permit, however a lot specific sediment and erosion control plan per requirement 1.1.3.10 as outlined in Section 5.3 must be submitted with the building permit application.


2. Minor Stormwater Permit

A minor stormwater permit typically requires stormwater quality and may include additional requirements for activities in Special Management Areas. A minor stormwater permit is required when a development:

2.1. Disturbs more than one-half (0.5) but less than one (1) acres; or

2.2. Has a total impervious surface area ratio of 60 percent or greater and disturbs 50 percent or more of the parcel or Larger Common Plan over a five year period.

3. Major Stormwater Permit

A major stormwater permit typically requires detention, stormwater quality and quantity control, preparation of a Stormwater Pollution Prevention Plan, and may include additional requirements for activities in Special Management Areas. A major stormwater permit is required when a development:

3.1. Disturbs more than one (1) acre; or

3.2. Creates a new impervious surface greater than or equal to 0.25 acres; or

3.3. Is located in a Regulatory Floodplain; or

3.4. Modifies a riverine flood-prone area where the tributary drainage area is greater than 40 acres; or

3.5. Modifies a non-riverine flood-prone area where the tributary drainage area is greater than 20 acres; or

3.6. Is located in a depressional storage area which has a volume larger than 0.75 acre- feet; or

3.7. Impacts a wetland or riparian environment of 1/10 acre or more within an area defined as a Waters of the U.S. or Waters of the State; or

3.8. Is a Public Road or Trail Development that results in one and one-half acres or more of additional impervious surface per mile, for linear or nonlinear projects.

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5.3 Requirements for All Development The following performance standards, application requirements and other provisions apply to all development requiring a stormwater permit. All the following application requirements shall be submitted when applicable to the development as determined by the MCSO. Subsequent sections include additional provisions for development in Special Management Areas.

1. Soil Erosion and Sediment Control Permit:

The following requirements shall apply at a minimum for all development requiring a Soil Erosion and Sediment Control Permit.

1.1. Application Requirements.

1.1.1. A Soil Erosion and Sediment Control Permit and plans must be prepared by someone with professional competence in the area of soil erosion and sediment control including a Professional Engineer, Professional Land Surveyor,


Major Stormwater Permit Minor Stormwater Permit Soil Erosion and Sediment Control Permit

Disturbs > one (1) acres; Disturbs more than one half (0.5) but less than one (1)

acres

Are a commercial project less than 0.5 acres and are not part

of a larger common plan

Creates a new impervious surface ≧ 0.25 acres Has a total impervious surface area ratio of 60 % or greater and disturbs 50 % or more of the parcel or larger

common plan over a five year period.

Any linear project that disturbs 10,000 sqft or more but does not meet the thresholds for a Minor Stormwater Permit.

Is located in a Regulatory Floodplain Any residential project less than 0.5 acres, not part of a

Larger Common Plan, is exempt from the requirements

of the Soil Erosion and Sediment Control Permit,

however a lot specific sediment and erosion control plan per requirement 1.1.3.10

as outlined in Section 5.3 must be submitted with the building

permit application.

Modifies a riverine flood-prone area where the tributary drainage ≧ 40 acres

Modifies a non-riverine flood-prone area where the tributary drainage area is ≧ 20 acres

Is located in a depressional storage area which has a volume > 0.75 acre- foot

Impacts a wetland or riparian environment of 1/10 acre or more within an area defined as

Waters of the U.S. or Waters of the State

Public Road or Trail Development that results in 1.5 acres or more of additional impervious

surface per mile, for linear or nonlinear projects.

Table 4. Permit Classification in Morgan County

Landscape Architect or other applicable national certification in Soil Erosion and Sediment control. All licensees must be of the State of Indiana.

1.1.2. A completed Soil Erosion and Sediment Control Permit application signed by the applicant.

1.1.3. A report to include:

1.1.3.1. A written narrative description of the proposed phasing (construction sequencing) of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls), clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving streets and parking areas, final grading, establishment of permanent vegetative cover, and the removal of temporary measures. It shall be the responsibility of the applicant to notify the MCSO or designee of any significant changes that occur in the site development schedule after the initial soil erosion and sediment control plan has been approved.

1.1.3.2. A general description of the existing and proposed stormwater management system including all discharge points, collection, conveyance, and storage facilities.

1.1.3.3. Supporting maps to include a FIRMETTE, USGS quadrangle map, and NRCS soils map.

1.1.3.4. A vicinity map identifying the Parcel Identification Numbers of all parcels comprising the proposed development.

1.1.3.5. A capacity analysis of the stormwater management system components onsite. An offsite downstream capacity analysis may be required by the MCSO or designee when downstream flooding exists.

1.1.3.6. Design calculations for sediment and erosion control measures with the drainage area tributary to each sediment control measure delineated on an overall map.

1.1.3.7. Description of off-site fill or borrow volumes, locations, and methods of stabilization.

1.1.3.8. A color coded map depicting the existing impervious surface and total new impervious surfaces along with a summary table.


1.1.3.9. If necessary, any Federal, State and local requirements including but not limited to the applicable IDEM Notice of Intent, ACOE Nationwide Permit, FEMA Letters of Map Change, jurisdictional wetland determination and endangered species permitting.

1.1.3.10. A soil erosion and sediment control plan showing all measures appropriate for the development as approved by the MCSO or designee, to meet the objectives of this Ordinance throughout all phases of construction and permanently after completion of development of the site. Guidance regarding appropriate methods, procedures, controls measures, and implementation will be provided in the Stormwater Technical Standard Manual, but shall at a minimum include:

(1) Proposed and existing elevations tied to the North American Vertical Datum of 1988.

(2) Offsite and onsite drainage features, overland flow paths, and stormwater management system components.

(3) Existing and proposed utilities which may include septic systems and wells.

(4) Regulatory Floodplains, wetland boundaries, buffer areas.

(5) Location and description, including standard details, of all sediment control measures including but not limited to construction entrance, silt fence, inlet protection, dust control, stockpile areas management, concrete washout areas, and sediment basins/traps and corresponding outlet details.

(6) Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod or vegetation, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non-vegetative stabilization measures.

(7) Phased soil erosion and sediment control plans as required to meet the requirements of this ordinance and to mitigate offsite soil migration and erosion throughout construction.

(8) Adjoining lakes, streams, and other major drainage ways.

1.1.4. Other items as specified on the application form.


In addition to the above requirements, the following requirements shall apply at a minimum for all development requiring a Minor Stormwater Permit:


2.1. Application Requirements

2.1.1. A Minor Stormwater Permit application and plans must be prepared, signed, and sealed by a Professional Engineer, Professional Land Surveyor, or Landscape Architect. All licensees must be of the State of Indiana.

2.1.2. A completed Minor Stormwater Permit application signed by the applicant.


2.1.3.1. An area drainage plan locating the proposed development in the watershed.

2.1.3.2. An exhibit(s) for review which displays all deed or plat restrictions of record or to be recorded for the stormwater management system.

2.1.3.3. A general description of the proposed Low Impact Development (LID) or water quality features.

2.1.3.4. Calculations verifying that the proposed LID or water quality feature meets the treatment requirements as specified in the Ordinance.

2.1.3.5. Drainage map identifying contributing areas to each LID or water quality device.

2.1.3.6. Calculations verifying that the LID or water quality device has the appropriate total flow rate for which the associated pipe network has been designed. Total flow rate includes treated flow and bypass flow.

2.1.3.7. Supporting documentation for method used to meet 50% hydrocarbon removal.

2.1.3.8. Fully executed “Memorandom of Drainage Control” for stormwater facilities that has been prepared by the MCSO. Completion of the memorandum shall be a condition precedent to issuance of any permit or approval for which a stormwater management plan is required. The memorandum shall not be required when the drainage control facility will be owned and operated by the County. A memorandum of drainage control shall include:

(1) The legal description of the site;

(2) A summary of the terms of the drainage control plan, including any known limitations of the drainage control facilities, and an agreement by the owners to implement those terms;

(3) An agreement that the owner(s) shall inform future purchasers and other successors and assignees of the existence of the stormwater management and


drainage control facilities and other elements of the drainage control plan, the limitations of the drainage control facilities, and of the requirements for continued inspection and maintenance of the drainage control and stormwater management facilities;

(4) Permission for the MCSO or designee to enter the property for inspection, monitoring, correction, and abatement purposes;

(5) An acknowledgment by the owner(s) that the County is not responsible for the adequacy or performance of the drainage control plan, and a waiver of any and all claims against the County for any harm, loss, or damage related to the plan, or to drainage or erosion on the property, except for claims arising from the County’s sole negligence; and

(6) The owner(s)’ signatures acknowledged by a notary public.

(7) The applicant shall file the memorandum of drainage control with the Morgan County Recorders Office so as to become part of the Morgan County real property records. The applicant shall give the Morgan County Surveyors Office proof of filing of the memorandum.

2.1.4. Minor Stormwater Permit Plans shall show at a minimum:

2.1.4.1. A survey grade topographic map of the existing conditions of the development site showing the location of all roads, all drainage ways, the boundaries of predominate soil types, the boundaries of predominate vegetation, and the location of any drainage easements, detention or retention basins, including their inflow and outflow structures, if any. The map shall also include the location, size, and flow line elevations of all existing storm and other utility lines within the site. The map shall be prepared using a 2-foot or less contour interval and shall be prepared at an appropriate scale for the type of project and shall include specifications and dimensions of any proposed stream channel modifications, location and orientation of cross-sections, if any, north arrow, and a graphic or numerical scale.

2.1.4.2. The location and details of proposed LID and water quality devices.

2.1.5. Other items as specified on the application form.


In addition to the above requirements, the following requirements shall apply at a minimum for all development requiring a Major Stormwater Permit:

3.1. Application Requirements.


3.1.1. A Major Stormwater Permit and plans must be prepared, signed, and sealed by a Professional Engineer registered in the State of Indiana.


3.1.2.1. Discharge rate summary tables.

3.1.2.2. Predevelopment and post development summary tables to include curve numbers and impervious areas.

3.1.2.3. A predevelopment drainage area map to include: north arrow, graphical and numerical scale, the location of all existing conditions, contours, all drainage ways, flow arrows, watersheds, subwatersheds, runoff characteristic of each, curve number, time of concentration flow path, and current aerial photography. The map shall be prepared at an appropriate legible scale for the type of project.

3.1.2.4. A post development drainage area map to include: north arrow, graphical and numerical scale, the location of all existing conditions, contours, all drainage ways, flow arrows, watersheds, subwatersheds, runoff characteristic of each, curve number, time of concentration flow path, and current aerial photography. The map shall be prepared at an appropriate legible scale for the type of project.

3.1.2.5. A report describing the hydrologic and hydraulic analysis performed for the project. The report shall include the name of stream or body of water affected, a Jurisdictional Determination approved by the US Army Corps of Engineers (if required), a statement of purpose of proposed activity, and a detailed determination of the runoff for the project site under existing and developed conditions. This includes documentation of the design volumes and rates of the proposed runoff for each portion of the watershed tributary to the stormwater management system and receiving channel and high water elevations. Runoff calculations shall include all discharges entering the site from upstream areas.

3.1.2.6. For detention facilities, a section in the hydrologic and hydraulic analysis report that includes a plot or tabulation of storage volumes and water surface areas with corresponding water surface elevations, stage-discharge or outlet rating curves, and design hydrographs of inflow and outflow for the 2-year, 10-year, 25-year and 100-year, 24-hour storm events under existing and developed conditions.

3.1.2.7. If the development includes a dam, verification that the project complies with IC 14-27-7.5 must be submitted.

3.1.3. Major Stormwater Permit Plans shall show at a minimum:


3.1.3.1. Include cross-section details for the stormwater management facility showing existing and proposed conditions including principal dimensions of the work, and existing and proposed elevations, normal water and calculated base flood elevations, and overland flow depth and path. The elevations of lowest floor or lowest adjacent grade for structures shall be included on the development plan as applicable.

3.1.3.2. All elements necessary to meet the requirements of 5-4, Special Management Area, if necessary.

4. Special Management Areas

This ordinance shall apply to all parcels of land that lie either wholly or partially within the jurisdiction of the Morgan County Surveyors Office as defined by this Ordinance.

4.1. Location of Regulatory Floodplains and Regulatory Floodways

Areas of special flood hazard are identified by the Department of Homeland Security- Federal Emergency Management Agency (FEMA), National Flood Insurance Program (NFIP), in its Flood Insurance Study, with accompanying maps and other supporting data, which are hereby declared to be a part of this Ordinance. Also adopted are any Letters of Map Revision (LOMR) as approved by FEMA. Further, this Ordinance shall apply to any areas of special flood hazard established and accepted by the Morgan County Surveyors Office that utilize FEMA NFIP detailed flood study standards, or better.

4.1.1. Location of Regulatory Floodplain, Base Flood Elevation (BFE) and Regulatory Floodway. The Location of the Regulatory Floodplain and Floodway is determined by the more restrictive of:

4.1.1.1. Overlaying the FEMA Flood Insurance Rate Map (FIRM) floodplain and floodway boundary onto the site.

4.1.1.2. Projecting the FEMA Flood Insurance Study (FIS) BFE onto the site topography.

4.1.2. In the case of FEMA delineated “AH Zones” the elevation noted on the map shall be the BFE. In the case of FEMA delineated “AO Zones” the BFE shall be the depth number shown on the map added to the highest adjacent grade, or at least two feet above the highest adjacent grade if no depth number is provided.

4.1.3. Standards for Streams without Established Base Flood Elevations and Floodways (“A Zones”):

4.1.3.1. For all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less, the applicant shall provide a hydrologic and hydraulic engineering analysis prepared by a professional


engineer using a FEMA approved methods that generate base flood elevations.

4.1.3.2. For all subdivision proposals and other proposed developments containing less than 50 lots or 5 acres, when base flood elevation (BFE) data is not available from a Federal, state, or other source one of the following methods may be used to determine a BFE. (For further information regarding the methods for determining BFEs listed below, refer to FEMA’s manual Managing Floodplain Development in Approximate Zone A Areas)

(1) Contour Interpolation - Superimpose approximate Zone A boundaries onto a topographic map and estimate a BFE. Add one-half of the contour interval of the topographic map that is used to the BFE.

(2) Data Extrapolation - A BFE can be determined if a site within 500 feet upstream of a reach of a stream reach for which a 100-year profile has been computed by detailed methods, and the floodplain and channel bottom slope characteristics are relatively similar to the downstream reaches. No hydraulic structures shall be present.

(3) Hydrologic and Hydraulic Calculations - Perform hydrologic and hydraulic calculations to determine BFEs using FEMA approved methods and software.

4.1.3.3. No encroachments, including fill, new construction, substantial improvements and new development shall be permitted within 100 feet of the stream bank unless certification with supporting technical data by a Registered Professional Engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge or a floodway is determined using appropriate FEMA methods.

4.1.4. Standards for Streams with Established Base Flood Elevations but without Floodways:

4.1.4.1. No encroachments including fill, new construction, substantial improvements, or other development shall be permitted unless the following is provided:

(1) Certification with supporting technical data by a Registered Professional Engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community; or


(2) An engineering study performed by a Registered Professional Engineer is submitted which will determine a floodway which meets the definition of a Regulatory Floodway and show that the proposed development will meet the requirements of this Ordinance.

4.1.5. For all “X Zones”, the BFE shall be determined by a Registered Professional Engineer using a FEMA approved method. This requirement applies to riverine flood-prone areas with greater than 40-acres of tributary drainage area or non-riverine flood-prone areas with greater than 20-acres of tributary drainage area. The BFE determination shall be submitted to the MCSO for approval prior to issuance of any permit. BFE determinations shall be based on the critical duration event.

4.1.6. Nothing contained herein shall prohibit the application of these regulations to land that can be demonstrated by engineering survey to lie within any Regulatory Floodplain. Conversely, any lands (except for those located in a Regulatory Floodway) that can be demonstrated by a topographic survey certified by a Registered Professional Engineer or Registered Land Surveyor to lie beyond the Regulatory Floodplain, and show to the satisfaction of the Administrator or designee, to have been higher than the BFE as of the effective date of the first floodplain mapping denoting the site to be in a Special Flood Hazard Area, shall not be subject to the regulations of this section upon receipt of a Letter of Map Change (LOMC) from FEMA.

4.1.7. Application Requirements for Development in the Regulatory Floodplain or Floodway.

In addition to the applicable engineering analyses required above, the applicant shall provide the following information:

4.1.7.1. Site location of the property, drawn to scale on the Regulatory Floodplain map.

4.1.7.2. A plan view of the project showing:

(1) The Regulatory Floodplain and Floodway limits, streams, and water bodies as defined by the Indiana Department of Natural Resources, the Indiana Department of Environmental Management, or the US Army Corps of Engineers.

(2) Cross-section views of the project for the impacted reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical).


4.1.7.3. Copies of any and all required Federal, State and local permits for development in the Regulatory Floodplain or Floodway before the applicant obtains a Stormwater Permit.

4.1.7.4. Engineering calculations and supporting data (including model inputs and outputs) showing that the proposed work will meet the performance standards of this Ordinance (See Chapter 8).

4.1.7.5. All changes in grade resulting from any proposed excavation or filling; and existing and proposed Regulatory Floodplain and Regulatory Floodway limits; the location and dimension of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this Ordinance.

4.1.8. Elevation Certificate Requirements for Development in the Regulatory Floodplain

4.1.8.1. All structures in or adjacent to the Regulatory Floodplain must certify building location and elevations as detailed below:

(1) For buildings adjacent to the Regulatory Floodplain, a foundation survey is required once piling or other foundation is installed. This survey must show the actual location and dimensions of the foundation, lowest adjacent grade to the foundation, and the location of the Special Flood Hazard Area as defined above.

(2) For buildings within the Regulatory Floodplain, an “under construction” FEMA elevation certificate shall be provided in conformance with the FEMA guidelines within 21 days of establishing the top of the lowest finished floor level (including basements and attached garages). The Elevation Certificate completed at this time is an interim document intended to verify that the lowest floor of the structure will be adequately elevated at a stage of construction when any deficiency can be easily corrected.

(3) Prior to issuing a Certificate of Occupancy, a “finished construction” FEMA elevation certificate must be submitted along with an as-built survey of the structure.

(4) Prior to issuing a Certificate of Occupancy for all non-residential buildings that are flood-proofed, a FEMA Flood Insurance Flood-Proofing Certificate shall be provided.

4.2. Wetland Provisions

All impacts to jurisdictional Waters of the US and Waters of the State must be permitted in compliance with all Federal and State standards.


4.2.1. Wetland Provision Application Requirements

4.2.1.1. The applicant shall delineate all wetland area boundaries in accordance with the current Federal wetland determination methodology on the plans.

4.2.1.2. All Federal and State permitting documents relating to wetlands shall be provided to the County along with all permits issued.

4.2.1.3. All Federal and State wetland monitoring reports shall be provided to the County.

4.2.1.4. Preservation of wetlands shall be provided by deed or plat restrictions.

!5.5 Additional Requirements for Mineral Extraction Operations 1. Mineral Extraction operations seeking a Stormwater Permit shall submit the following

additional materials with their Stormwater Permit Application: a certified survey showing the number and proximity of residents within the adjoining area (per 312 IAC 2-3-2); a copy of the approved driveway permit with all transportation and drainage easements and right-of- ways granted by the applicant along public ways and waterways; and a reclamation plan. Any changes in a plan approved by the MCSO must be submitted to the MCSO and re-approved as a revision. Additional hourly review fees will be applicable to this revision review.

2. A drainage narrative describing the existing and proposed conditions and runoff patterns and complete documentation of all calculations and assumptions. This narrative shall be certified by a registered professional.

3. All stormwater plan submittals must meet the requirements of this Ordinance and the provisions of the Stormwater Technical Standards Manual. A Memorandum of Drainage Control is required with the submittal stating that the drainage control plans are in compliance with the provisions of this Ordinance and the Stormwater Technical Standards Manual.

5.4 Permit Extensions and Terminations Among the causes for terminating a permit during its term or for denying a permit extension include, but are not limited to, the following:

1. Noncompliance with any condition of the permit; or

2. The Permittee’s failure to disclose fully all relevant facts in the application process; or

3. The Permittee’s misrepresentation of any relevant facts at any time; or

4. If the authorized work is not commenced within one (1) year after issuance of the permit, or if the authorized work is suspended or abandoned for a period of twelve months after the


time of commencing the work, unless an extension has been granted in writing by the MCSO or designee. The extension should be requested of the MCSO or designee in writing 30 days prior to the termination of the stormwater permit.

!5.6 Application and Approval Requirements Stormwater Management Plans for projects subject to review shall be reviewed by the MCSO or their qualified representative. The MCSO may approve those plans which comply with the provisions of this Subtitle and rules promulgated hereunder, and may place conditions upon the approval in order to assure compliance with the provisions of this Subtitle. Submission and approval of the required application information shall be a condition precedent to the issuance of any of the above-listed permits.

1. At such time as the MCSO determines that all requirements of this Ordinance are met, a formal notice of approval (Stormwater Permit Approval - SPA) shall be issued by the MCSO.

2. The MCSO may disapprove plans which do not comply with the provisions of this Subtitle and rules promulgated hereunder. Disapproved plans shall be returned to the applicant, who may correct and resubmit the plans. Additional review fees will be applicable to this revision review.

3. The MCSO may require additional information necessary to adequately evaluate applications for compliance with the requirements and purposes of this Subtitle and other laws and regulations, including any additional criteria defined for environmentally critical areas. The MCSO may also require appropriate information about adjoining properties which may be related to, or affected by, the drainage control proposal in order to evaluate effects on the adjacent property. This additional information may be required as a precondition for permit application review and approval.

!5.7 Performance Bonds Any construction project holding a SPA, determined to be inconsistent with plans previously approved by the MCSO may be subject to Enforcement actions as defined by this Ordinance. Any changes in a set of stormwater plans approved by the MCSO must be submitted to the MCSO and re-approved as a revision. Additional review fees will be applicable to this revision review.

A SPA shall expire two (2) calendar years from the date of issuance. At expiration previously permitted development underway may continue construction activities under the terms of the original SPA. Previously approved development not underway at the time of expiration shall be required to obtain a new SPA per this Ordinance prior to the initiation of construction activities.


As a condition of approval and issue of the permit, the Morgan County Surveyor’s Office shall require the applicant to provide assurance in form of a performance bond, certified check, irrevocable letter of credit, or certificate of deposit before construction begins. The Morgan County Stormwater Ordinance requires an assurance made out to the Morgan County Surveyor’s Office, for an amount equal to 110% of the total costs of implementing measures required by the Morgan County Stormwater Ordinance or a minimum of $5,000.

The above mentioned costs shall be based on an estimate as prepared by a registered engineer or land surveyor. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the stormwater pollution prevention plan, the stormwater quality management plan, and any permit conditions. Said costs shall be for the installation and continuous monitoring and maintenance of erosion control measures and the construction and continuous monitoring and maintenance of storm drainage infrastructure, detention/retention facilities, and stormwater quality BMPs, as regulated under this Ordinance. Local governmental jurisdictions may require additional performance and/or maintenance assurances. The intent of this assurance is not only to complete the installation of storm drain infrastructure for the project, but also to insure that adequate stromwater pollution prevention measures are properly installed and maintained.

Performance bonds shall be kept current until the project receives final stormwater approval from the Morgan County Surveyor and as-built plans have been accepted. Delinquent performance bonds or other assurances will result in stop work orders and monetary penalties.

In addition to any other remedies, should the owner fail to comply with the provisions of this ordinance, the Morgan County Surveyor may, after the giving of reasonable notice and opportunity for compliance, redeem the assurance to complete all necessary work.

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6.0 Active Construction Main-tenance and Inspection

6.1 Responsibility of Maintenance and Inspection Drainage control facilities required by this Subtitle and by rules adopted hereunder, shall be maintained by the owner or other responsible party. A pre-construction meeting must be held between the contractor and the MSCO to review plans and answer questions regarding construction and/or inspection procedures prior to the commencement of any construction activities on site. At this time the Qualified Inspector completing the project self inspections must be identified and their qualifications must be submitted.

1. Temporary Measures. The owner or responsible party shall inspect temporary drainage control facilities and other temporary best management practices or facilities on a schedule sufficient for the facilities to function at design capacity. The MCSO may require the responsible party to conduct more frequent inspection and/or maintenance when necessary to insure functioning at design capacity. All inspections completed by the owner or responsible party must be conducted by a qualified professional as approved by the MSCO.

2. Permanent Measures. The owner or responsible party shall inspect permanent drainage control facilities at least annually, or at a frequency satisfactory to the product manufacturers recommendations. The MCSO may require the responsible party to conduct more frequent inspection and/or maintenance when necessary to insure functioning at design capacity. All inspections completed by the owner or responsible party must be conducted by a qualified professional as approved by the MSCO. Please see Chapter 8- Post Construction Maintenance and Inspection for more details.

!6.2 Inspection by the Municipality The MCSO may establish inspection programs to insure compliance with the requirements of this Subtitle and accomplishment of its purposes. Inspection programs may be established on any reasonable basis on a frequency that their office determines necessary for the size and scope of the project, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical


discharge to cause violations of State or Federal water or sediment quality standards or the County’s NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: evaluating self inspection reports; reviewing maintenance and repair records; reviewing project site conditions, sampling discharges from surface water, groundwater, and/or material or water in drainage control facilities; evaluating the condition of drainage control facilities and other best management practices; and providing recommendations for installation, implementation and maintenance of control measures and management practices of any project site involved in construction activities. See Section 6.5.

The owner/developer and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.

6.3 Entry for Inspection and Abatement Purposes Please see Chapter 2.5 of this Ordinance regarding Access to Facilities.

6.4 Self Inspections A self monitoring program by the project site owner is required during construction of any project as defined in Chapter 5. A qualified individual employed or retained by the the project site owner or responsible party shall prepare and maintain a written evaluation of the project site by the end of the next business day following each 0.5” or greater storm event (or equivalent snow melt) and at a minimum, one (1) time per week. All qualified individuals are subject to approval by the MSCO.

An independent, third party erosion control inspector, hired by the applicant, is required for all development that exceeds 10 acres of hydrologic disturbance or exceeds 1 acre of hydrologic disturbance and has a Regulatory Floodplain, Waters of the US or Waters of the State on-site or on adjoining property.

The evaluation must address the maintenance of existing storm water quality measures to ensure that they are functioning properly; and identify additional measures necessary to remain in compliance with all applicable statutes and rules.

Self inspection reports must be made available to the MCSO within 48 hours of request.

Written self inspection reports shall include the following:

1. The date and location of the inspection;

2. Type of Inspection completed: Routine, Rainfall Event, or Enforcement Action Follow-Up;

3. Whether construction was in compliance with the approved Stormwater Management Plan;

4. Any variations from the approved construction specifications;

5. Any violations and corrective actions taken; and


6. The signature of the Qualified Inspector.

!6.5 Additional Required Inspections All infrastructure materials to be turned over to the County after project completion shall be inspected prior to installation in order to ensure that all materials are free of defects.

In addition to regular frequency regulatory inspections, it shall be the responsibility of the contractor/ developer to contact and schedule additional required inspections with the MSCO. Additional required regulatory site inspections shall be conducted and documented during the following specific phases of construction:

1. For Ponds:Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to:

1. Core trenches for structural embankments;

2. Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes;

3. Trenches for enclosed storm drainage facilities;

4. During placement of structural fill, concrete, and installation of piping and catch basins;

5. During backfill of foundations and trenches;

6. During embankment construction; and

7. Upon completion of final grading and establishment of permanent stabilization.

2. Wetlands: at the stages specified for pond construction in this section, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent.

3. For infiltration trenches:

1. During excavation to subgrade;

2. During placement and backfill of under drain systems and observation wells;

3. During placement of geotextiles and all filter media;

4. During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and


5. Upon completion of final grading and establishment of permanent stabilization;

2. For infiltration basins: at the stages specified for pond construction in this section and during placement and backfill of underdrain systems.

3. For filtering systems:


2. During placement and backfill of underdrain systems;

3. During placement of geotextiles and all filter media;

4. During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and


4. For open channel systems:


2. During placement and backfill of under drain systems for dry swales;

3. During installation of diaphragms, check dams, or weirs; and


7. For nonstructural practices: upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval.

No work shall proceed until the MCSO inspects and approves the work previously completed and furnishes the developer with the results of the inspection as soon as possible after completion of each required inspection.

6.5 Temporary Suspension of Self Inspection Requirements Self inspections can be reduced to once a month if:

1. The site is temporarily stabilized on 100% of the bare ground;

2. Runoff is unlikely due to winter conditions;

3. Construction is occurring during seasonally arid periods in arid or semi-arid areas (less than 20”) rainfall.

Temporary suspension of site self inspections is granted when all of the following conditions exist:


1. The project is located in an area where frozen conditions are anticipated to continue for more than one month;

2. Land disturbing activities have been suspended, and;

3. Beginning and ending dates are documented or waiver are documented in the SWPPP.

6.5 Commencement of Inspections Inspections will commence when the Certification of Completion has been filed with the MCSO and the Notice of Termination (NOT) has been first approved by the MCSO and then filed with the Indiana Department of Environmental Management. The NOT will not be accepted by the MCSO without a passing final inspection to be conducted by the appropriate representative of the MCSO. Successful final inspections will include at a minimum,

1. All land disturbing activities have been completed and a uniform (for example, evenly distributed, without large bare patched) perennial vegetative cover with a density of 70% has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; and

2. Temporary BMPs have been removed; and

3. Construction projects on land used for agricultural purposes are returned to its pre-construction agricultural use or disturbed areas, not previously used for agricultural production, such as filter strips and areas that are not being retuned to their pre-construction agricultural use, meet stabilization requirements outlined in clause (1) above.

Alternative measures to site stabilization may be acceptable if the project site owner or their representative can demonstrate they have implemented and maintained erosion and sediment control measures adequate to prevent sediment discharge from the inactive areas.

6.6 Disposal of Waste from Maintenance Activities Disposal of waste from maintenance of drainage and stormwater control facilities during and after all construction processes shall be conducted in accordance with Federal, State and local regulations.

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7.0 Performance Standards and Project Completion

7.1 Performance Standards for Stormwater Permits 1. Soil Erosion and Sediment Control Permit

1.1. Soil erosion and sediment control related measures are required to be constructed and maintained for any land disturbance activity permitted under Chapter 5. Soil erosion and sediment control measures and stormwater management systems shall be functional before construction begins. Where development of a site is to proceed in phases, the soil erosion and sediment control measures and the stormwater management systems needed for each phase shall be functional before the construction of that phase begins.

1.2. The following requirements shall be met:

1.2.1. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the development site that are not to be graded shall be protected from construction traffic or other disturbance until final seeding is performed. Soil stabilization measures shall consider the time of year, site conditions and the use of temporary and/or permanent measures.

1.2.2. Properties and channels adjoining development sites shall be protected from erosion and sedimentation. At points where concentrated flow leaves a development site, energy dissipation devices shall be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive velocity of flow from the structure to the watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

1.2.3. Soil erosion and sediment control features shall be constructed prior to the commencement of disturbance of upland areas.

1.2.4. Disturbed areas shall be stabilized with temporary or permanent measures within fourteen (14) calendar days following the end of active disturbance, or re-disturbance, consistent with the following criteria or using an appropriate measure as approved by the MCSO or designee:


1.2.4.1. Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and/or non-vegetative measures.

1.2.4.2. Areas or embankments having slopes greater than or equal to 3H:1V shall be stabilized with staked in place sod, mat, flexible growth medium or blanket in combination with seeding. Slopes less with less than 4 foot vertical rise shall not be required to meet the requirements of this paragraph.

1.2.4.3. The fourteen (14) day stabilization requirement may be precluded where stabilization by the 14th day is prevented by snow cover or frozen ground conditions, in which case stabilization measures must be initiated as soon as practicable.

1.2.4.4. The site shall be considered permanently stabilized when all surface disturbing activities are complete and either of the two following criteria is met:

(1) A uniform (e.g., evenly disturbed, without large bare areas) perennial vegetative cover with a density of 70% per square foot of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or

(2) Equivalent permanent stabilization measures (such as riprap, gabions, or geotextiles) have been employed.

1.2.4.5. Land disturbance activities in streams shall be avoided, where possible. If disturbance activities are unavoidable, the following requirements shall be met:

(1) Approved permits from the ACOE will be submitted to the Administrator or designee.

(2) Where stream construction crossings are necessary, temporary crossings shall be constructed of non-erosive material.

(3) The time and area of disturbance of a stream shall be kept to a minimum. The stream, including bed and banks, shall be re-stabilized as soon as possible and ideally within 72 hours after channel disturbance is completed or interrupted.

1.2.4.6. Soil erosion and sediment control measures shall be appropriate with regard to the amount of tributary drainage area as follows:

(1) Disturbed areas draining greater than 1,000-sf but less than 1-acre shall, at a minimum, be protected by a sediment barrier to control all off-site runoff. Sediment barriers may include silt fences meeting the applicable sections of


the AASHTO Standard Specification M288 or ASTM Standard Specifications D6461 and D6462 or sediment tubes or other measures providing equivalent sediment control as demonstrated by ASTM D7351.

(2) Disturbed areas draining more than 1 but fewer than 5-acres shall, at a minimum, be protected by a sediment trap with baffles or equivalent control measure at a point down slope of the disturbed area. Sediment traps shall be sized based on 1,800 cf per acre of contributing area unless the site drains to an impaired waterbody which then requires 3,600 cf per acre.

(3) Disturbed areas draining more than 5-acres, shall, at a minimum, be protected by a sediment basin with baffles and a surface outlet such as a skimmer, flashboard riser, or approved equal. For construction periods exceeding 1-yr, the 1-yr sediment load and a sediment removal schedule shall be submitted. If the detention basin for the proposed development condition of the site is used for sediment basin, the above requirements will be explicitly met until the final site stabilization is complete.

(4) For sites draining greater than 5-acres, soil erosion and sediment control measures shall at a minimum achieve an equivalent removal efficiency of 80 percent for suspended solids or 0.5 ML/L peak settleable solids concentration, whichever is less. The efficiency shall be calculated for disturbed conditions for the 10-yr 24-hr design event.

(5) For sites draining more than 5-acres, release rates for the 2-yr and 10-yr, 24-hr storm events during construction shall be less than the pre-developed discharge rates.

1.2.4.7. All drainage features that are or will be functioning during construction shall be protected by appropriate sediment control measure.

1.2.4.8. If dewatering services are used, adjoining properties and discharge locations shall be protected from erosion. Discharges shall be routed through an effective sediment control measure (e.g., sediment trap, sediment basin or other appropriate measure).

1.2.4.9. All temporary soil erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment shall be properly disposed.

1.2.4.10. A stabilized construction entrance consisting of aggregate underlain with non-woven geotextile (or other appropriate measure) shall be located at any point where traffic will be entering or leaving a construction-site to or from a public right-of-way, street, alley or parking area. Any sediment or soil reaching an improved public right-of-way, street, alley or parking area


shall be removed by sweeping or vacuuming as accumulations warrant and transported to a controlled sediment disposal area. The MCSO or designee may require additional stabilized construction entrance methods.

1.2.4.11. Earthen embankments shall be constructed with appropriate stabilization and side slopes no steeper than 3H:1V. Steeper slopes may be constructed with appropriate stabilization as approved by the Administrator or designee.

1.2.4.12. Stormwater conveyance channels including ditches, swales, and diversions, and the outlet of all channels and pipes shall be designed and constructed to withstand, at a minimum, the expected flow velocity from the 10-year frequency storm with minimal erosion. All constructed or modified channels shall be stabilized as soon as possible and no longer than 72 hours from disturbance.

1.2.4.13. Temporary diversions shall be constructed as needed during construction to protect areas from upslope runoff and/or to divert sediment laden water to appropriate traps or stable outlets.

1.2.4.14. Soil stockpiles shall not be located in a flood-prone area or a designated buffer protecting Waters of the US or Waters of the State. Soil stockpiles are defined as having greater than 100 cy of soil and will remain in place for more than 7 days. Soil stockpile locations shall be shown on the soil erosion and sediment control plan and shall have the appropriate measures installed at all times to prevent erosion (including wind borne erosion) of the stockpile.

1.2.4.15. Handbooks: Standards and specifications contained in Indiana Handbook for Erosion and Sediment Control and the Stormwater Technical Standard Manual, as amended are referenced in this Ordinance as guidance for presenting soil erosion and sediment control plan specifications and delineating procedures and methods of operation under site development for soil erosion and sediment control. In the event of conflict between provisions of said manuals and this Ordinance, the stricter shall govern.

1.2.4.16. The applicant shall provide adequate receptacles for the deposition of all construction material debris generated during the development process. The applicant shall not cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of construction material debris upon or into any development site, channel, Waters of the US or Waters of the State.



2.1. Performance Standards. Water quality treatment is typically required for Minor Stormwater Permits.

2.2. Water quality treatment is required when either:

2.2.1. The proposed development has a total impervious surface area ratio of 60 percent or greater and disturbs 50 percent or more of the parcel or Larger Common Plan over a five year period; or

2.2.2. The proposed development creates a new impervious surface greater than or equal to 0.25 acres.

2.3. For those developments requiring water quality treatment, the following shall be met:

2.3.1. Water quality treatment shall be provided prior to discharging to Waters of the United States or adjoining properties.

2.3.2. For developments disturbing 50% or more of the parcel over a five year period, the water quality volume referenced below shall be over the entire parcel.

2.3.3. For developments disturbing 50% or more of the larger common plan over a five year period, the water quality volume referenced below shall be over the entire Larger Common Plan.

2.3.4. For those developments adding more than 0.25 acres of new impervious, the water quality referenced below shall be over the entire disturbed area.

2.3.5. For dry detention, water quality treatment shall be provided for a volume equal to the first inch over the required treatment area as specified above with a release rate over a 24-hour period.

2.3.6. For alternate water quality methods (i.e.mechanical water quality), water quality treatment shall be provided for a volume equal to the first inch over the required treatment area as specified above.

2.3.7. For wet detention, water quality treatment shall be provided for a volume equal to 0.5 inches of runoff over the required treatment area as specified above with a release rate over a 24-hour period. A littoral zone shall be established for water quality treatment to enhance treatment effectiveness.

2.3.8. For permanent infiltration trenches, water quality treatment shall be provided for a volume equal to the first inch of runoff from all impervious surfaces. Infiltration trenches shall be designed to completely drain of water within 72 hours. Soil must have adequate permeability to allow water to infiltrate; infiltration practices are limited to soils having an infiltration rate of at least 0.30 inches per hour.


2.3.9. For those sites using alternate water quality methods that treat water quality based on a flow rate, the treated flow rate shall be determined using the Method for Computing Peak Discharge for a Water Quality Storm (adapted from Clayton and Schueler, 1996). This methodology relies on the volume of runoff computed using the Small Storm Hydrology Method (Pitt, 1994) and utilizes the NRCS, TR-55 Graphical Peak Discharge Method (USDA, 1986).

2.3.10. Hydrocarbon (e.g., oil and grease) removal technology shall be required for all areas accepting flow from parking/loading areas, and vehicle drive surfaces (e.g. roadways and driveways). The volume for hydrocarbon removal shall be based on 0.5 inch over the impervious surfaces described above to each treatment device. The Hydrocarbon removal rate shall be a minimum 50%. The volume for Hydrocarbon removal shall not be in addition to those volumes calculated in section (2.3.2) thru (2.3.4) above, provided the method of treatment provides a Hydrocarbon removal rate of 50%.

2.3.11. Waters of the State and Waters of the U.S. shall not be used for permanent or temporary placement of water quality treatment devices.


3.1. Performance Standards. Detention is typically required for Major Stormwater Permits.

3.1.1. Water quantity is required when the development creates more than 0.25 acres of new impervious surfaces.

3.1.2. For those developments requiring water quantity, the following requirements shall be met:

3.1.2.1. Runoff Calculations, Release Rates and Discharges

(1) Design runoff rates shall be calculated using a volume-based hydrograph, such as ICPR, HEC-1, SEDCAD, Hydraflow Hydrogprahs, etc.

(2) Rainfall data as presented in the Stormwater Technical Standards Manual of this Ordinance shall be used for rainfall volume, storm distribution, return frequency and event duration.

(3) Watershed specific release rates are presented in the Stormwater Technical Standards Manual of this Ordinance. Unless otherwise specified the detention volume required shall be calculated using a 24-hour storm event and release rates shall not exceed the 2-yr, 10-yr, and 25-yr predevelopment release rates.

(4) Adopted basin plans and floodplain studies may be the basis for more specific regulations. These additional or more specific regulations will apply only in the specific study area of the basin plan or floodplain study and


supersede those of this Ordinance only upon amendment to the Stormwater Ordinance and formal adoption of the basin plan or floodplain study by the Morgan County Drainage Board.

(5) Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24-hour storm event such that flood velocities are not exacerbated and flood elevations are not increased to cause damage on adjacent properties.

(6) The design of stormwater management systems shall not result in the inter- basin transfer of drainage, unless no reasonable alternative exists. The MCSO or designee may also allow inter-basin transfers if the transfer relieves a known drainage hazard and there is adequate downstream stormwater capacity. In the event of an inter-basin transfer of drainage, detention shall be provided for 2-yr, 10- yr, 25-yr and 100-yr, 24-hour storm events.

(7) For determination of soil runoff characteristics, areas of the development that are disturbed and compacted shall be changed to that soil types’ next highest runoff potential/soil group classification. Conversely, soil groups that are not disturbed will retain their current runoff characteristics.

(8) All concentrated stormwater discharges must be conveyed into an existing drainage outfall including but not limited to pipes and ditches. No new discharges are permitted onto adjacent properties where there was not a discharge point previously, unless a recorded document is received in which the impacted property owner provides permission for such discharge. When the proposed stormwater discharge is near a property line where there is no existing outfall, a level spreader or equal is to be provided in addition to the outfall being situated 20 feet from the property line.

(9) Existing depressional storage volume shall be accounted for when determining the pre-developed runoff from each site. The function of any existing depressional storage shall be hydrologically modeled to determine the existing volume of storage and runoff reduction characteristics. The depressional storage shall be modeled as a pond whose outlet is a weir at an elevation where stormwater currently overflows the depressional storage area. Post developed release rate for sites with depressional storage shall be for the 2, 10, and 25-yr, 24-hr storm events.

3.1.2.2. Detention and Retention Facilities

(1) All stormwater facilities, when determined applicable by the MCSO, shall be provided with:


(a) An emergency overflow structure capable of passing the 100-yr, 24-hr storm event without damages to downstream structures or property.

(b) The top of the impounding structure shall be a minimum of one (1.0) foot above the 100-yr, 24-hr storm event peak stage.

(c) Features to facilitate maintenance and emergency ingress and egress capability.

(2) Outlet pipe and orifice diameter shall be designed to prevent clogging and in compliance with the Stormwater Technical Standards Manual.

(3) Stormwater infiltration, retention and detention facilities required to meet a development’s discharge requirements shall be designed to by-pass offsite tributary flow from streams and channels unless approved by the MCSO or designee.

(4) Low Impact Development measures, bioretention cells, infiltration, and other post-construction practices should be installed only after the drainage area to these practices has been stabilized unless approved by the MCSO or designee.

(5) Any development involving the construction, modification or removal of a dam shall obtain from the Indiana Department of Natural Resources a Dam Safety Permit or a letter stating no permit required. Any permit required by the US Army Corps of Engineers is required to be submitted to the Morgan County Surveyors Office prior to the start of such activity.

(6) Stormwater retention and detention facilities shall not be constructed in a Regulatory Floodplain unless approved by the MCSO or designee. If a retention or detention facility is constructed in a Regulatory Floodplain, it shall meet the Special Management Area requirements, of this Ordinance. The volume of detention storage required to meet the release rate requirements shall be in addition to the floodplain compensatory storage required for the development.

(7) Safety ledges must be constructed on the slopes of all wet detention with a permanent pool greater than 3 feet deep. Two ledges must be constructed, each 4 to 6 feet in width. The first or upper ledge must be located between 1 and 1.5 feet above the permanent pool level. The second or lower ledge must be located approximately 2.5 feet below the permanent pool level. Alternative safety designs shall be considered by the MCSO but the littoral zone requirements shall be met at a minimum.

(8) Underground detention systems must provide the necessary volume through the design life of the structure. A typical design life is recognized as 50 years.


The system is to account for lost volume due to sedimentation. The underground detention system is to be designed based on the number of total suspended solids (TSS) that will accumulate in the system over a 50-year design life.

(9) Impounding berms or walls for stormwater retention and detention facilities shall be designed and constructed to withstand all expected forces, including but not limited to, erosion, pressure and uplift. The applicant shall submit material and compaction design specifications for earthen impoundments and provide as-built information verifying that the constructed condition meets the design requirements. Impounding berms or walls shall be represented on the design plans and signed and sealed by a Professional Engineer with competency in this area.

(10) On-Stream Detention

(a) All on-stream detention shall provide a Detention Volume Safety Factor which is equal to one (1) plus 0.05 times the ratio of offsite tributary drainage area to on-site tributary drainage area with a maximum Detention Volume Safety Factor of 1.5. The Detention Volume Safety Factor applies to the volume of on-stream detention necessary to meet this Ordinance’s site requirements.

(b) No on-stream detention shall be allowed with an off-site to on-site tributary drainage area ratio greater than 10:1 except for development providing a watershed benefit.

(c) On-stream detention shall not be permissible if the tributary drainage area is greater than 640-acres except for detention that provides a watershed benefit.

(d) The release rate shall not exceed the 2-yr, 10-yr, 25-yr and 100-yr predevelopment release rates of the total tributary drainage area (on-site and off-site). The release rate and on-site detention volume shall be calculated using the 24-hour storm event. This release rate calculation shall be used unless other site conditions warrant more stringent criteria and modification from this standard or unless watershed specific release rates have been adopted.

(e) Impoundment of the stream as part of on-stream detention shall be designed to allow the migration and movement of present, previously present, or potentially present indigenous species, which require access to upstream areas as part of their life cycle. The impoundment shall not cause or contribute to the degradation of water quality or stream aquatic habitat.


(f) No on-stream detention shall be allowed in areas designated as a high quality aquatic resource.

(11) All detention systems shall be located and described within a deed or plat restriction. Detention systems that service a single parcel of property may be excused from this requirement upon approval of the MCSO or designee. Modifications to a deed or plat restriction for the detention system shall be approved by the MCSO or designee.

4. Special Management Areas

4.1. Performance Standards Applicable to all Regulatory Floodplain Development. The standards of this section apply to all Regulatory Floodplain development except when superseded by more stringent requirements in the subsequent sections.

4.1.1. Modification and disturbance of natural riverine Regulatory Floodplains shall be avoided to protect existing hydrologic and environmental functions. Such disturbances shall be minimized and all negative impacts mitigated as described in a mitigation plan.

4.1.2. No development shall be allowed in the Regulatory Floodplain that shall singularly or cumulatively create a damaging or potentially damaging increase in flood heights or velocity or damages or threat to public health, safety and welfare or impair the natural hydrologic or hydraulic functions of the Regulatory Floodplain or channel.

4.1.3. For all projects involving stream channel modification, fill, stream maintenance, or levees, the flood carrying capacity of the Regulatory Floodplain shall be maintained.

4.1.4. Zones AH and AO require the identification of adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

4.1.5. Public Facilities shall be constructed so as to minimize flood damage.

4.1.6. Compensatory storage is required for all storage lost or displaced in a Regulatory Floodplain. Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine Regulatory Floodplain shall be at least equal to 1.5 times the volume of Regulatory Floodplain storage lost or displaced. Such compensation areas shall be designed to drain freely and openly to the channel and shall be located opposite or adjacent to fill areas. A deed or plat restriction is required to prohibit any modification to the compensation area. The Regulatory Floodplain storage volume lost below the existing 10- year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The Regulatory Floodplain storage volume lost above


the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency elevation.

4.1.7. Upon approval of the Administrator or designee, shorelines or streambanks that have experienced erosion may be restored to their condition as of the current FIRM in that community without the need to provide compensatory storage for the fill used to restore the eroded area according to the following criteria:

4.1.7.1. The restoration fill shall meet existing grades. Within riverine areas the current effective Regulatory Floodplain and Regulatory Floodway conveyance shall be maintained.

4.1.7.2. The amount of eroded property being restored shall be documented and submitted by the applicant as part of the permit process. Proper documentation shall be either field survey information or photo documentation of the erosion that has occurred for the property being restored.

4.1.7.3. For rivers, lakes and streams where no floodway has been designated, no documentation of past shoreline erosion is required if the applicant does not exceed 1 cubic yard of fill per lineal foot for a maximum of 300 feet. In this case, the placing of the fill shall not significantly alter the alignment of the shoreline with adjoining properties as determined by the Administrator or designee.

4.1.7.4. Non-documentable fills are a one-time allowance on a per property basis and all fills exceeding 300 cubic yards shall be regulated as specified in Riparian Environment and Stream Provisions (Section 5.2) and Compensatory Storage requirements of this Ordinance.

4.1.7.5. Replacement of banks shall be stabilized to withstand all events up to the base flood without increased erosion.

4.1.8. Top dressing is the placement of not more than four (4) inches of topsoil within the Regulatory Floodplain for the purposes of stabilizing an existing erosion control problem or establishing vegetative cover. Topdressing shall be allowed by permit on a per-parcel, one- time only allowance, and not impact adjoining property drainage patterns. Upon approval of the Administrator or designee, floodplain compensatory storage shall not be required. Top dressing fill shall comply with the Soil Erosion and Sediment Control standards and Wetlands Provisions of this Ordinance. This provision shall not be applicable to the design process for new development.

4.1.9. Public Health Protection Standards


4.1.9.1. For property within the Regulatory Floodplain, no chemicals, petroleum (hydrocarbon) products, explosives, buoyant materials, animal waste, fertilizers, herbicides, flammable liquids, pollutants, or other hazardous or toxic materials shall be placed or stored below the Flood Protection Elevation.

4.1.9.2. New and replacement water supply systems, wells, and sanitary sewer lines may be permitted providing all manholes or other above-ground openings located below the Flood Protection Elevation (FPE) are watertight.

4.1.9.3. On-site waste disposal systems shall be located to avoid impairments to them or contamination from them during flooding

4.1.10. Building Protection Requirements

(1) All structures shall be constructed by methods and practices that minimize flood damages.

(2) The lowest floor including basements of all new residential structures and lateral additions to existing structures shall be elevated up to at least the Flood Protection Elevation (FPE). An attached garage for a new structure must be elevated up to at least one foot above the base flood elevation (BFE).

(a) If placed on compacted fill, the top of the fill for residential structure shall be above the FPE. The top of fill for an attached garage shall be one foot above the BFE. The fill pad shall be placed at the appropriate elevation and designed to extend a minimum of 10-feet out from the building’s designed footprint unless the building is certified by a Registered Structural Engineer to be protected from damages due to hydrostatic pressures. Additionally, the fill pad shall meet 95% of Standard Proctor Density in order to be demonstrated not to settle below the FPE for the residential structure and not below one foot above the BFE for an attached garage, and to be adequately protected against erosion, scour and differential settlement. Foundation excavations shall not extend more than 5-feet beyond the foundation footprint. When a structure is placed on compacted fill, compensatory storage requirements shall apply.

(b) If elevated by means of walls, pilings, or other foundation, the building’s supporting structure must be permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood. The permanent openings shall be no more than one foot above the higher of the interior or exterior grade of the opening and below the BFE, and consist of a minimum of two openings on different walls. The openings must have a total net area of not less than one square inch for


every one square foot of enclosed area subject to flooding. Only the portions on openings that are below the BFE can be counted towards the required net open area. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. All areas below the FPE shall be constructed with flood-resistance materials and shall solely be used for parking, access, and storage. The lowest floor (including basement) for the residential structure and all electrical, heating, ventilation, plumbing, air conditioning equipment, and utility meters shall be located at or above the FPE. An attached garage must be elevated to at least one foot above the BFE. Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below FPE.

(3) Substantial Improvement

(a) The lowest floor, including basements, of an existing residential structure less than one foot above the BFE with a substantial improvement shall be elevated to the FPE. An attached garage must be elevated to at least one foot above the BFE. The structural design requirements in subsection 4.1.10 (1) and (2) of this section shall also apply.

(b) For all new non-residential building and lateral additions to non-residential buildings, the lowest floor including the basements shall be elevated at least to the FPE or be structurally dry flood-proofed to at least the FPE. For all new non- residential buildings, less than one foot above the BFE, with a substantial improvement the lowest floor including the basements shall be elevated at least to the FPE or be structurally dry flood-proofed to at least the FPE. The structural design requirements in subsection 4.1.10 (1) and (2) of this section shall also apply. A non-residential building may be structurally dry flood-proofed (in lieu of elevation) provided that a Registered Professional Engineer or Registered Structural Engineer certify that the building has been structurally dry flood-proofed below the FPE and the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice. Flood-proofing measures shall be operable without human intervention and without an outside source of electricity. Levees, berms, floodwalls and similar works are not considered flood-proofing for the purpose of this subsection.


(4) Manufactured homes, substantially improved manufactured homes, and recreational vehicles to be installed on a site for more than 180 days shall be elevated to or above the FPE and shall be anchored to resist flotation, collapse, or lateral movement. Additionally, when the elevation requirement would be met by an elevation of the chassis at least 36 inches or less above the grade at the sight, reinforced piers or other foundation elements of at least equivalent strength shall support the chassis. When the elevation of the chassis is above 36 inches in height an engineering certification is required.

(5) Accessory Structures on an existing single-family lot, may be constructed with the lowest floor below the FPE in accordance with the following:

(a) The building cost, less installation, shall not exceed $6,000 and not be used for human habitation.

(b) Structures shall be designed to have low flood damage potential.

(c) The structure shall be wet-flood proofed.

(d) The structure shall be constructed and placed on a building site so as to offer the minimum resistance to the flow of floodwaters.

(e) The structure shall be anchored to prevent flotation, collapse or lateral movement.

(f) Service facilities such as electrical and heating equipment shall be elevated or flood-proofed to the FPE.

(g) The structure shall have appropriate flood opening as specified in this Ordinance.

(h) The building shall be used only for storage and all Public Health Protection Standards shall apply.

(6) A non-conforming structure damaged by flood, fire, wind or other natural or man - made disaster may be restored unless the damage meets or exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to the provisions of this Ordinance.

(7) If the proposed development would result in a change in the mapped Regulatory Floodplain, Regulatory Floodway, or the BFE on a site, the applicant shall submit sufficient data to the County and FEMA to obtain the appropriate Letter of Map Change (LOMC). All adjacent property owners, communities, and the Indiana Department of Natural Resources shall be notified prior to any alteration or relocation of a floodplain, and submit copies of such notifications to the County.


(8) Any work involving construction or modification or removal of a dam or an on-stream structure to impound water shall obtain an Indiana Department of Natural Resources Dam Safety Permit, a US Army Corps of Engineers permit, or letters indicating permits are not required prior to the start of development activity.

(9) If flood-proofing construction is required beyond the outside dimensions of an existing habitable, residential or commercial building , the outside perimeter of the flood- proofing construction shall be placed no further than 10-feet from the outside of the building. Compensation of lost storage and conveyance will not be required for flood- proofing activities.

(10) Critical Facilities shall be elevated at a minimum to the 0.2 percent chance (500-yr) flood elevation or the highest known historical flood elevation (where records are available), whichever is greater. If no data exists, establishing the 0.2 percent change flood elevation or the highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates the 0.2 percent change flood elevation data. Primary access ways to the critical facility entrance shall also be elevated at a minimum to the 0.2 percent flood elevation.

4.1.11. Parking Lots

(1) Parking Lots (where the existing depth of flooding for the base event is less than one foot) and aircraft parking aprons are permitted.

(2) The depth of flooding can be greater than one (1) foot for short term parking lots where the applicant agrees to restrict access during overbank flooding events and agrees to accept liability for all damages caused by vehicular access during all overbank flooding events. In these cases, the parking spaces shall be appropriately signed.

4.1.12. Standards for Subdivision Proposals and other development

(1) All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.

(2) All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage.

5. Additional Performance Standards for the Regulatory Floodway


The only development in a Regulatory Floodway which will be allowed are Appropriate Uses which will not cause an increase in flood heights for all flood events up to and including the base flood. Appropriate uses do not include the construction or placement of any fill, building additions, buildings or additions thereto on stilts, new structures, fencing (including landscaping or planting designed to act as a fence), and storage of materials except as specifically defined below as an Appropriate Use. If the development is proposed for the Regulatory Floodway portion of the Regulatory Floodplain the following standards apply in addition to the previously stated standards for the Regulatory Floodplain:

1. Only the construction, modification, repair or replacement of the following Appropriate Uses will be allowed in the Regulatory Floodway:

1.1. Public flood control projects and private improvements relating to the control of drainage, flooding of existing buildings, erosion, water quality or habitat for fish and wildlife;

1.2. Structures or facilities relating to functionally water dependent uses such as facilities and improvements relating to recreational boating and as modifications or additions to existing wastewater treatment facilities;

1.3. Storm and sanitary sewer outfalls;

1.4. Underground and overhead utilities sufficiently flood-proofed;

1.5. Recreational facilities such as playing fields and trail systems including associated parking and any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions;

1.6. Bridges, culverts and associated roadways, sidewalks and railways, necessary for crossing over the Regulatory Floodway or for providing access to other Appropriate Uses in the Regulatory Floodway and any modification thereto;

1.7. Regulatory Floodway re-grading, without fill, to create a positive non-erosive slope toward a channel.

1.8. Flood-proofing activities to protect previously existing lawful structures including the construction of water-tight window wells, elevating structures, or the construction of flood walls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten (10) feet away from the exterior wall of the existing structure, and, which are not considered to be substantial improvements to the structure.

1.9. The replacement, reconstruction or repair of a damaged building, provided that the outside dimensions of the building are not increased and, provided that the building is not damaged to 50% or more of the building’s market value before it was damaged. When damage is 50% or more, the activity shall be relocated beyond the limits of the


floodway and conform to the Building Protection provisions and other applicable requirements of this Ordinance.

1.10. Modifications to an existing building, which are not substantial improvements, that would not increase the enclosed floor area of the building below the base flood elevation, and which will not block flood flows including but not limited to, fireplaces, decks, and patios.

2. All Appropriate Uses shall require a permit from the County and must be in accordance with all provisions of this Ordinance.

3. Construction of an Appropriate Use will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and that of the Special Management Area provisions and is so stated in writing with supporting plans, calculations and data prepared by a Registered Professional Engineer.

3.1. All effective Regulatory Floodway conveyance lost due to the development of Appropriate Uses, other than bridge or culvert crossings or on-stream structures or dams, shall be replaced for all flood events up to and including the base flood. In calculating effective Regulatory Floodway conveyance, the following factors shall be taken into consideration:

3.1.1. Regulatory Floodway conveyance (K), K = (1.486/n) AR 2/3 where “n” is Manning’s roughness coefficient, “A” is the effective area of the cross- section, and “R” is the ratio of the area to the wetted perimeter.

3.1.2. The same Manning’s n-value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a Federal, State, or local unit of government can ensure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non-vegetative land cover.

3.2. Transition sections shall be provided and used in calculations of effective Regulatory Floodway conveyance, in the design of excavations in the Regulatory Floodway, between cross-sections with rapid expansions and contractions, and when meeting the Regulatory Floodway delineation on adjoining properties. The following expansion and contraction ratios shall be used:

3.2.1. Water will expand no faster than at a rate of one-foot horizontal for every four-feet of the flooded stream’s length.

3.2.2. Water will contract no faster than at a rate of one-foot horizontal for every one- foot of the flooded stream’s length.

3.2.3. Water will not expand or contract faster than one-foot vertical for every ten-feet of flooded stream length.


3.2.4. All cross-sections used in the calculations shall be located perpendicular to flood flows.

3.2.5. In the design of excavations in the Regulatory Floodway, erosion/scour protection shall be provided on land upstream and downstream of proposed transition sections.

3.3. The development of all Appropriate Uses shall not result in an increase in the average channel or Regulatory Floodway velocities or stage, for all flood events up to and including the base flood event. However, in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of appropriate design measures.

3.4. In the case of on-stream structures built for the purpose of backing up water, an increase in upstream stage when compared to existing conditions for all flood events up to and including the base flood event shall be contained within recorded easements. A Dam Safety permit, or letter indicating a permit is not required, must be obtained from the Indiana Department of Natural Resources Dam Safety Section. A US Army Corps of Engineers permit, or waiver, must be obtained for any structure built for the purpose of backing up water in the stream during normal or flood flow.

3.5. General criteria for analysis of flood elevations.

3.5.1. The flood profiles, flows and Regulatory Floodway data in the Regulatory Floodway studies by the County or FEMA must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed the County shall be contacted for approval and concurrence on the appropriate base conditions data to use.

3.5.2. If the special flood hazard area at the site of the proposed development is affected by backwater from a downstream receiving stream, this shall be accounted for in the model.

3.5.3. If the applicant is informed by local governments, or a private owner that a downstream or upstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five years, the proposed development shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.

3.6. If the Appropriate Use will result in a change in the Regulatory Floodway location or a change in the BFE the applicant shall submit to the County the information required to be issued a Conditional Letter of Map Revision (CLOMR) from FEMA. The application will not be considered complete until the CLOMR is received. No filling,


grading, dredging or excavating shall take place until a conditional approval is issued by the MCSO or designee. The construction or placement of structures within the currently effective floodway boundary shall not take place until a final Letter of Map Revision (LOMR) is issued by FEMA, which revises the floodway boundary.

4. Requirements for the Construction of New Bridges or Culvert Crossings and Roadway Approaches or the Reconstruction or Modification of Existing Bridges, Culvert Crossings or Roadway Approaches.

4.1. The following information shall be submitted to the County:

4.1.1. Analysis of the flood profile due to a proposed bridge, culvert crossings and roadway approaches.

4.1.2. An engineer’s determination that an existing bridge or culvert crossing or approach road is not a source of flood damage and the analysis indicating the proposed flood profile.

4.1.3. Alternative transition sections and hydraulically equivalent storage.

4.1.4. A proposed new structure shall not result in an increase or decrease of upstream or downstream flood stages when compared to the existing conditions for all flood events up to and including the base flood event. If the proposed new structure would result in a change in the upstream or downstream flood stages, the applicant shall submit sufficient data to the County and FEMA to obtain the appropriate Letter of Map Change (LOMC).

4.2. Special Considerations

4.2.1. Lost Regulatory Floodway storage must be compensated for per the Regulatory Floodplain performance standards of this Ordinance except that artificially created storage that is lost or displaced due to a reduction in upstream head loss caused by a bridge, culvert, storm sewer or constructed embankment shall not be required to be replaced, provided no flood damage will be incurred downstream.

4.2.2. Velocity increases must be mitigated per the Regulatory Floodway performance section of this Ordinance except that in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of appropriate measures.

4.2.3. If the structure is a source of flood damage, the applicant’s engineer shall submit justification to allow the damage to continue and evaluate the feasibility of relieving the structure’s impact. Modifications or replacement structures shall not increase flood stages compared to the existing condition for all flood events up to and including the base flood event.


4.2.4. The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to FEMA for concurrence that a Conditional Letter of Map Revision (CLOMR) is not required.

4.2.5. For an in-kind culvert replacement, the Administrator or designee may choose to waive the hydraulic modeling requirements.

5. Wetland Provisions

All impacts to jurisdictional Waters of the US and Waters of the State must be permitted in compliance with all Federal and State standards.

5.1.1. The following hierarchy will be observed by all applicants:

5.1.1.1. The proposed project will avoid adverse impacts to the greatest extent possible based on consideration of hydrologic conditions, existing topography, vegetation and human activity as it relates to stormwater management.

5.1.1.2. The proposed project will minimize the adverse impacts to the greatest extent possible based on consideration of hydrology conditions, water quality, existing topography, vegetation and human activity as it relates to stormwater management.

5.1.2. Wetlands may be used for on-site stormwater detention subject to the following:

5.1.2.1. It must be demonstrated that the use of the wetland for detention will maintain or improve the wetland’s beneficial functions.

5.1.2.2. Stormwater quality requirements of this ordinance must be satisfied prior to discharging to the wetland.

5.1.2.3. Existing depressional storage in wetlands shall be maintained and the volume of detention storage provided to meet the requirements of this Ordinance shall be in addition to the existing storage.

5.1.2.4. No high-aquatic resource wetlands based upon their functional assessment shall be used for satisfying on-site detention requirements.

5.1.3. Wetland Provision Application Requirements

5.1.3.1. The applicant shall delineate all wetland area boundaries in accordance with the current Federal wetland determination methodology on the plans.

5.1.3.2. All Federal and State permitting documents relating to wetlands shall be provided to the County along with all permits issued.


5.1.3.3. All Federal and State wetland monitoring reports shall be provided to the County.

5.1.3.4. Preservation of wetlands shall be provided by deed or plat restrictions.

5.2. Riparian Environment and Stream Provisions

Stream systems are composed of both the stream channel conveyance and the riparian environment adjacent to the conveyance channel.

All Stream systems shall be preserved to the greatest extent possible.

5.2.1. Riparian Environments

5.2.1.1. Riparian environments should be protected to maintain their functions as follows:

(1) Reduce flood flow rates, velocities, and volumes.

(2) Prevent erosion and promotes bank stability of streams, lakes, ponds, or wetland shorelines.

(3) Control sediment from upland areas thus reducing the impact of urbanization on stream habitat and water quality by filtering and assimilating nutrients discharged from surrounding uplands.

(4) Insulate and moderate daily and seasonal stream temperature fluctuations by maintaining cooler in stream temperatures for areas with overhanging vegetation.

(5) Serve as important sites for de-nitrification, which reduces development of algal blooms and subsequent depressed levels of dissolved oxygen in-stream.

(6) Provide an effective mechanism for treatment of contaminated surface runoff.

(7) Provide habitat corridors for both aquatic and terrestrial fauna and flora.

(8) Provide recreational and aesthetics values for human use.

5.2.1.2. Any applicant proposing development in a riparian environment shall identify the boundaries as the vegetative areas along waterways within the limits of the regulatory floodplain.

5.2.1.3. Tree-cutting and vegetation removal shall be minimized within riparian environments, and native re-vegetation of disturbed areas shall take place as soon as possible. Avoidance and minimization is not necessary for removal of invasive or problematic species.

5.2.1.4. To the extent practicable, development in a riparian environment shall not, without mitigation:


(1) Adversely change the quantity, quality, or temporal and areal distribution of flows entering any adjacent wetlands or waters; nor

(2) Destroy or damage vegetation (unless part of a plan for removing non-native, invasive species) that overhangs, stabilizes, provides overland flow filtration, or shades stream channels, wetlands, or impoundments that normally contain water; nor

(3) Adversely affect any ground water infiltration function.

5.2.1.5. The length of any mitigated riparian environment shall be equal to or greater than the length of the disturbed area.

5.2.1.6. Mitigation requirements for riparian environments shall meet the Wetland Mitigation Requirements of this Ordinance.

5.2.2. Stream Channel Conveyance

5.2.2.1. Clearing of channel vegetation shall be limited to that which is essential for construction of the channel.

5.2.2.2. If a stream meeting the definition of Waters of the US or Water of the State is modified, an approved permit from the US Army Corps of Engineers, in addition to a stream mitigation plan, shall be submitted for review and approval to the MCSO or designee. The plan shall show how the physical characteristics of the modified channel meet the existing channel length, cross-section, slope, sinuosity and carrying capacity of the original channel. The plan shall also provide specifications and details necessary to effectively re- establish vegetation within the stream channel modification. Native plants shall be used for the re-vegetation plan.

5.2.2.3. All disturbed areas associated with a stream modification shall be seeded or otherwise stabilized immediately according to the requirements of this Ordinance.

5.2.2.4. An approved and effective means to reduce sedimentation and degradation of downstream water quality must be installed before excavation begins and must be maintained throughout construction until final stabilization is achieved.

5.2.2.5. New or relocated stream channels shall be built in the dry and all elements of construction, including vegetation, shall be completed prior to diversion of water into the new channel.

5.2.2.6. Streams channels shall be expected to withstand all storm events up to the base flood without increased erosion. The armoring of banks using bulkheads, rip-rap and other materials shall be avoided. Structural armoring shall only be used where erosion cannot be prevented in any other way. Preference shall be given to bio-engineering methods of


stabilization. Armoring shall have minimal impact on other properties, and the existing land configuration.

5.2.2.7. Construction vehicles shall cross streams by the means of existing bridges or culverts. Where an existing crossing is not available, a temporary crossing shall be constructed in conformance with the following:

(1) Water quality is maintained.

(2) The approach roads will be 0.5 feet or less above natural grade.

(3) The crossing will allow stream flow to pass without backing up the water above the streambank vegetation line or above any drainage tile or outfall.

(4) Any fill in the channel shall be non-erosive material such as rip-rap or aggregate.

(5) All disturbed streambanks will be seeded or otherwise stabilized as soon as possible in accordance with the provisions of this Ordinance upon installation and again upon removal of construction crossings.

(6) The access road and temporary crossings will be removed within one year after installation, unless an extension of time is granted by the MCSO or designee.

5.3. Buffer Areas

5.3.1. Buffer areas shall be required for all Waters of the US or stream classified as Waters of the State. Buffer areas are divided into two types, linear buffers and water body buffers.

5.3.1.1. Linear buffers shall be designated along both sides of all channels meeting the definition of Waters of the US or Waters of the State. The buffer width shall be determined as follows:

(1) When the channel has a watershed greater than 20-acres but less than one square mile, the minimum buffer shall be 30 feet on each side of the channel.

(2) When the channel has a watershed greater than one square mile, the minimum buffer shall be 50 feet on each side of the channel.

5.3.1.2. Water body buffers shall encompass all non-linear bodies of water meeting the definition of either Waters of the US or Waters of the State. The buffer width shall be determined as follows:

(1) For all water bodies or wetlands with a total surface area greater than one tenth (1/10) acre but less than one (1) acre, a minimum buffer width of thirty (30) feet shall be established.


(2) For all water bodies or wetlands with a total surface area greater than or equal to one (1) acre but less than two and one half (2 1⁄2) acres, a minimum buffer width of forty (40) feet shall be established.

(3) For all water bodies or wetlands with a total surface area greater than or equal to two and one half (21⁄2) acres, a minimum buffer width of fifty (50) feet shall be established.

5.3.1.3. In areas where State or Federal threatened and endangered species are present, buffer widths shall be a minimum of one hundred (100) feet.

5.3.1.4. Buffer areas for water bodies meeting the definition of Waters of the United States or Waters of the State shall extend from the ordinary high water mark. Buffer areas for wetlands shall extend from the edge of the delineated wetland. A property may contain a buffer area that originates from Waters of the United States or Waters of the State on another property.

5.3.1.5. Features of the stormwater management system approved by the MCSO may be within the buffer area of a development.

5.3.1.6. Access through buffer areas shall be provided, when necessary, for maintenance purposes.

5.3.1.7. All roadside drainage ditches, existing excavated detention facilities, existing borrow pits, existing quarries and improvements to existing public road or trail developments or alignments are exempt from buffer requirements.

5.3.1.8. Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent erosion and scour.

5.3.1.9. All buffer areas shall be maintained as in-situ vegetation and free from development including disturbance of the soil, dumping or filling, erection of structures and placement of impervious surfaces except as follows:

(1) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, horseback riding and picnicking) and it may contain pedestrian, bicycle or equestrian trails.

(2) Structures and impervious surfaces (including trails, paths) may occupy a maximum of twenty (20) percent of the buffer surface area provided the runoff from such facilities is diverted away from the Waters of the United States or Waters of the State or such runoff is directed to enter the buffer area as non-concentrated flow.


(3) Utility maintenance and construction of utility facilities, as approved by the County and appropriate jurisdictional agencies, shall be allowed.

(4) Buffer areas disturbed by allowing construction or as part of a revegetation plan shall be revegetated using native vegetation.

(5) Removal of invasive species.

5.3.1.10. A minimum of a five-foot temporary construction buffer from the limits of the Waters of the US or Waters of the State shall be required. The five-foot temporary construction buffer shall be marked by construction fencing and installed prior to the start of all other construction activities. All other construction activities, including soil erosion and sediment control features, shall take place on the non-wetland side of the construction fencing.

5.3.1.11. Buffer Averaging: The buffer width for a development site may be varied to a minimum of 1⁄2 of the buffer width required, upon approval of the Administrator or designee, provided that the total buffer area required is achieved adjacent to the Waters of the United States or Waters of the State being buffered.

5.3.1.12. Preservation of buffer areas shall be provided by deed or plat restrictions.

5.3.1.13. The buffer area of a development site may be excluded in the determination of the water quality volume requirement.

!7.2 Certification of As-Builts After completion of construction of the project and before final site inspection and acceptance, a professionally prepared and certified ‘as-built’ set of plans shall be submitted to the Morgan County Surveyor’s Office for review. Additionally, a digital copy of the ‘as-built’ plans required in a format approved by the MCSO. These plans shall include all pertinent data relevant to the completed storm drainage system and stormwater management facilities, and shall include:

1. Pipe size and pipe material;

2. Invert elevations;

3. Top rim elevations;

4. Pipe structure lengths;

5. BMP types, dimensions, and boundaries/easements;

6. “As-planted” plans for BMPs, as applicable;


7. Data and calculations showing detention basin storage volume;

8. Data and calculations showing BMP treatment capacity;

9. Side yard and rear yard swale flow lines elevations and cross sections;

10. The invert elevations, dimensions, and configurations of detention basin emergency overflow spillways;

11. Certified statements, by an independent engineer or land surveyor experienced in the design, inspection, and construction of impoundment berms or dams, providing the soil characteristics, soil compaction, crest elevation profiles, and the presence of any seepage control devices, if required, for any berm or dam constructed for the purpose of impounding water;

12. Rip rap and paved side ditch location and elevations;

13. 100 year flood emergency routing with the flow line elevations and cross sections;

14. Any other as built drainage items as required by the Morgan County Surveyor; and

15. A signed “Certificate of Completion and Compliance” document stating that the completed storm drainage system and stormwater management facilities substantially comply with construction plans and the stormwater management permit as approved by the Morgan County Surveyor’s Office (See Appendix ___).

7.2 Certification of Completion and Compliance A Certification of Completion and Compliance must be completed that certifies that the facility owner is familiar with drainage requirements applicable to such land alteration (as set forth in the Stormwater Management Ordinance of Morgan County); and they have personally inspected the completed work and examined the drainage permit and its conditions, as-built plans, and final drainage calculations consistent with as-built conditions performed pursuant to the above referenced drainage permit; and to the best of their knowledge, information, and belief, such land alteration has been performed and completed in conformity with all such drainage requirements. Any exceptions or deletions to the project must be clearly outlined.

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8.0 Post Construction Mainte-nance and Inspection

8.1 Introduction and Applicability Operations and maintenance (O&M) is essential for proper stormwater management. The BMPs and stormwater management design elements require certain O&M activities in order to ensure their long-term performance. By making a commitment to regular O&M activities, developers will be able to achieve desired design results while maintaining the aesthetic qualities of the overall landscape. Regular O&M activities also prolong the optimal function of landscape designs and treatments, allowing developers to avoid significant repair and restoration costs that would be associated with more traditional stormwater management methods. The O&M and inspection guidelines presented below are not all-inclusive. Some BMPs may require other measures not discussed here. It is the designer’s responsibility to decide whether additional measures are necessary. The O&M requirements in this chapter apply to all BMPs identified in the Morgan County Stormwater Technical Standards Manual except as discussed below.

• Developments with less than 15,000 sf and less than 7,500 sf of at-grade impervious surface do not require O&M plans unless they discharge to a waterway or separate sewer.

• O&M plans do not need to be submitted for the existing tree canopy.

The BMP Guidesheets in Appendix C identify the minimum O&M requirements for each type of BMP included in this Manual. For stormwater management facilities not included in this Manual (such as a manufactured stormwater treatment technology), it is still necessary to prepare and submit an O&M plan that complies with the requirements discussed in this section. Proper training and written guidance should be provided to all personnel who will be involved in O&M. Copies of applicable O&M plans should also be provided to all property owners and tenants. This information should include, at a minimum, the general O&M requirements discussed below.

8.2 General Requirements Developers whose sites will contain a rate control facility or other BMPs approved by the County will need to create an O&M plan. An O&M plan must cover all activities necessary to ensure the smooth functioning of all BMPs approved in the stormwater permit. O&M procedures must be reviewed and assessed annually. All O&M plans must include the information summarized below.


1. Owner Information. The first section of the manual must contain information about all people involved with the O&M plan. It must list the names and contact information of all responsible parties and property owners.

2. Site Map. The O&M plan must include an 11 x 17 site map that indicates the BMP latitude and longitude showing the locations of all BMPs that will be present at the development. The site map should show the flow of stormwater through the site and provide an overview of the stormwater’s path through the onsite BMPs. The map must, at minimum, include the following information: (1) discharge points and outfall locations; (2) drainage patterns; (3) stormwater runoff flow direction; (4) the extent and depth of high water levels; (5) structural controls used to control stormwater flows; and (6) locations of all selected BMPs on site (to include latitude and longitude).

3. O&M Practices. Each BMP will require a specific inspection and maintenance procedures. The BMP guidesheets discuss the particular O&M needs of each BMP. The O&M plan should contain this BMP-specific information. The developer must create an O&M sheet for each BMP not listed in the Stormwater Technical Standards Manual. In addition, the minimum requirements below shall be incorporated into said inspection and maintenance procedures.

3.1. O&M Plan must be signed by the owner and notarized using the Operation and Maintenance Plan Owner’s Certification Statement found in the Appendix ________________. A copy of the O&M Plan must be provided to each new owner before the consummation of a sale, and the O&M Plan must be signed by the new owner, notarized, and submitted to the MCSO to be kept on file at the Morgan County Recorders Offices.

3.2. O&M Plan procedures and practices must be reviewed and assessed annually;

3.3. Access routes including roadways and sidewalks shall be inspected annually and maintained as needed;

3.4. Drainage structures and flow restrictors must be inspected and cleaned semi-annually; or per the manufacturer’s specifications, whichever is more stringent;

3.5. Volume control BMPs shall be inspected semi-annually and after significant rainfall events exceeding 1.5 inches, or per the manufacturer’s specifications, whichever is more stringent;

3.6. The Owner shall keep an updated log book documenting the performance of the required O&M activities for perpetuity. Log books must be produced upon the request of a MCSO inspector;

3.7. Vegetation shall be maintained on a regular basis per design specifications;

3.8. Pest control measures shall be implemented to address insects and rodents;


3.9. Signage and fencing shall be installed and maintained where necessary to protect property and the public. For example, all Native Vegetation Plantings shall have appropriate “No Mow” or other appropriate verbiage signage; and

3.10. Underground vaults must include design measures to facilitate cleaning and maintenance. Confined space safety procedures must be outlined.

4. Implementation Schedule. An inspection and maintenance schedule should be created as part of the O&M plan. This schedule should provide for routine examination of all BMPs and incorporate the varying maintenance needs of each BMP. The MSCO requires that property owners keep an O&M inspection and maintenance logbook. In general, the logbook should note all inspection dates, facility components inspected, and any maintenance performed and repairs made. All inspections and maintenance, both routine and emergency, should be recorded in the logbook. Each BMP-specific O&M sheet should serve as a checklist for design elements that require inspection, the frequency of inspections, and conditions that indicate that maintenance is needed. One copy of all regular inspections on all privately owned facilities should be submitted to the MSCO before the end of each calendar year.

5. Deed Records & Long Term Access. All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements or included in a Master Covenant and Agreement. For developments occurring within the County’s unincorporated areas and/or at the discretion of the Morgan County Drainage Board, the developer shall petition to establish the noted system as a portion of regulated drain pursuant to the provisions of I.C.-36-9-27-54, and the drainage plan shall not be approved until such petition is submitted in a form approved by the Surveyor and the Drainage Board. For the purposes of monitoring, inspection, and general maintenance activities, the petition shall include a 30-foot wide perimeter beyond the actual footprint of the stormwater quality management facility.

6. Employee Training. Specific individuals should be assigned responsibility for O&M of all onsite BMPs. Employee training should be conducted so that these individuals are aware of proper inspection and O&M procedures. This training schedule should also be incorporated into the O&M plan. All personnel should be familiar with the components of the O&M plan and their personal level of responsibility.

8.3 Records of Inspection and Maintenance Activities

Following project completion, the owner is responsible for inspection and maintenance of the stormwater quality facilities. The party having the facility installed shall obtain a copy of the as-built plans from the MCSO. Responsible parties shall make annual records of the installation and of all maintenance and repair to post construction stormwater devices, and these annual inspection reports must be filed with the Morgan County Recorders Office by December 31 of each calendar year and must be completed annually in perpetuity.


The Morgan County Drainage Board has the authority to conduct inspections on an as needed basis following project completion in perpetuity to ensure full compliance with the provisions of this chapter. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the stormwater quality facility will be notified by the Morgan County Surveyors Office and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the Morgan County Surveyors Office will undertake the work and collect from the owner 110% of cost and labor, using lien rights if necessary.

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9.0 Administration and En-forcement

9.1 Notice of Violation Whenever the MCSO, or their designee, finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the Stormwater Technical Standards Manual, the MCSO or their designee may order compliance by written Notice of Violation to the responsible person. Such notice may require without limitation:

1. The performance of monitoring, analysis and reporting;

2. The elimination of illicit connections or discharges;

3. That violating discharges, practices or operation shall cease and desist;

4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

5. Payment of a fine to cover administrative and remediation costs; and

6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. In the case of non-compliance with this Ordinance, the Morgan County Surveyor’s Office or their designee has the right to issue abatement orders, stop work orders, fines, injunctions, and/or revoke Stormwater Management Permit Approvals.

!9.2 Appeal of Notice of Violation Any person receiving a Notice of Violation may appeal the determination of the MCSO. The Notice of Appeal must be received within three (3) days from the date of the Notice of Violation. Hearing on the appeal before the Morgan County Court shall take place within fifteen (15) days from the date of receipt of the Notice of Appeal. The decision of the Morgan County Court shall be final.


9.3 Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of an appeal, within three (3) days of the decision of the Municipal Authority upholding the decision of the MCSO, then representatives of the MCSO or their designee shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner or agent in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

9.4 Fining Procedures Violations of this Ordinance shall be cited into the Morgan County Court system for enforcement purposes. It is understood that the administrative costs would increase through a Court proceeding where additional evidence is presented to show the administrative cost and other related costs under the Ordinance that a violator could be subject to based upon evidence presented in the Court proceeding.

It is understood that violations associated with this Ordinance will be used for the same process through by which the Morgan County Court and ticketing procedure occurs as set out by the MSCO. See Appendix ___ for fee structures.

9.5 Cost of Abatement of the Violation Within three (3) days after abatement of the violation, the owner of the property will be notified of the cost of abatement including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the Morgan County Surveyors Office or the Morgan County Drainage Board? or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

!Any person violating any of the provisions of this Section shall become liable to Morgan County by reason of such violation. The liability shall be paid in not more than fifteen (15) days following discovery of the violation.

9.6 Injunctive Relief It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the MCSO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement of remediation of the violation.


9.7 Compensatory Action In lieu of enforcement proceedings, penalties and remedies authorized by this Ordinance, the MCSO may impose upon a violator alternative compensatory actions such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

!9.8 Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator’s expense and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

9.9 Expenses The MCSO, may recover all attorney fees, Court costs and other expenses associated with enforcement of this Ordinance including sampling and monitoring expenses.

!9.10 Remedies Not Exclusive Remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the MCSO to seek cumulative remedies.

1. If the applicant commences work for which the Stormwater Permit Approval (SPA) is required without compliance with the provisions of this Ordinance, the review fee shall be increased to $500.00. If work for which the SPA is required is completed or substantially completed by the applicant without compliance with the provisions of the Morgan County Stormwater Management Ordinance, the review fee shall be increased to $2,500.00.

2. The MCSO may revoke a SPA where the submittal packet, plans, and/or other supporting documents reflect either:

2.1. A false statement or misrepresentation as to material fact; or

2.2. Failure to comply with the requirements of this manual; or

2.3. Directly adversely impacts the water quality of the watershed.

3. Whenever the MSCO discovers the existence of any of the circumstances listed below, they are empowered to issue an order requiring the suspension of the land alteration. The stop-work order shall be in writing and shall state to what land alteration it is applicable and the reason for its issuance. One (1) copy of the stop-work order shall be posted on the property in a conspicuous place and one (1) copy shall be delivered to the applicant, and if


conveniently possible to the person doing the land alteration and to the owner of the property or his agent. The stop work order shall state the conditions under which land alteration may be resumed. A stop-work order shall be issued if:

3.1. Land alteration is occurring in violation of a drainage requirement and in such manner that if land alteration is allowed to proceed, there is a probability that it will be substantially difficult to correct the violation; or

3.2. Land alteration has been accomplished in violation of a drainage requirement and fifteen (15) calendar days has elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the land alteration, without the violation or noncompliance being corrected; or

3.3. Land alteration for which a SPA is required is proceeding without a SPA being in force. In such an instance the stop-work order shall indicate that the effect of the order terminates when the required SPA is obtained.

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Appendix: A

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Glossary !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 Ge-

odetic Vertical Datum (NGVD) of 1929; commonly referred to as the "100-year flood eleva-tion". !

3. Base Flood Plain – The area inundated by the Base Flood. !4. Best Management Practice or “BMP” - Any structural or nonstructural control measure uti-

lized 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 tech-niques, and other practices that comply with Mooresville’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. Certified 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 re-

vise 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, re-zoning 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 con-struction 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 pro-

poses 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 desig-

nated 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 ero-

sion and sediment runoff at a site during construction activities. !33. Farm Operation – Means any of the following activities involved in carrying on a farm busi-

ness: 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

intensively cultivating in plantations, any specialty wood crops, or specialty fiber crops f. conducting turf production g. 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 flood-ways. !

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 utili-ties and structures. !

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

41. Floodway – The channel of any watercourse and the adjacent land areas that must be re-served 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 Mooresville’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 founda-

tion; or i. Creates an impoundment. !

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

50. Land Surveyor – A person licensed to practice land surveying in the State of Indiana. !51. 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. !

52. LOMR – A Letter of Map Revision. A letter from FEMA that revises base flood elevations, flood insurance rate zones, flood boundaries, or floodways as shown on an effective FBFM or FIRM. !

53. LOMR-F – A Letter of Map Revision Based on Fill. A letter that provides formal recognition by FEMA that either a parcel of property or a structure has been removed from the base or 100-year floodplain due to elevation based on the placement of fill. This letter does not ap-ply to map revisions involving BFE or floodway delineation changes. !

54. Lowest Floor – The lowest floor or the lowest enclosed area (including a basement), but not including an unfinished or flood-proof enclosure that is usable solely for parking of vehicles or building access. !

55. Maintenance – Cleaning, removing obstructions from and making minor repairs to a drainage facility so that it will perform the function for which it was designed and constructed. !

56. Manufactured BMP – A structural BMP designed for stormwater quality treatment construct-ed of a combination of manmade materials at an off-site facility. !

57. Mineral Extraction – The removal of oil, gas, coal, ore, gravel, sand, aggregate or other re-sources from below the surface of the land. !

58. MS4 – Municipal Separate Storm Sewer System as defined by 327 IAC 15-13-5 section 5 (43). !


59. NFIP – The National Flood Insurance Program. The requirements of the NFIP are codified in Title 44 of the Code of Federal Regulations. !

60. Non-point Source Pollution – Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, dumping, and urban runoff sources. !

61. Non-Stormwater Discharge – Any discharge to the storm drain system that is not composed entirely of storm water. !

62. Non-structural BMP – A BMP that is not constructed by physical means of land disturbance such as education, public information handouts etc. !

63. NPDES – National Pollution Discharge Elimination System. !64. Overland flow-way – Surface area that conveys a concentrated flow of stormwater runoff. !65. PWO – The Public Works Office. !66. Peak Storm – The storm of a specified return period that produces the maximum runoff from

a site or the maximum elevation in a detention pond. Storm durations of 0.5-, 1-, 2-, 3-, 6-, 12- and 24-hours shall be used to determine the peak storm. !

67. Perimeter Drain – A subsurface pipe network designed and installed around the perimeter of a septic field for the purpose of effectively collecting and draining away excess subsurface waters. !

68. Person – An individual, firm, partnership, association, public or Private Corporation, public agency, instrumentality, or any other legal entity. !

69. Pipe System – Two or more pipes connected together by one or more structures such as a manhole designed to convey stormwater runoff. !

70. Plan – Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these, which contain information pursuant to this Ordi-nance. !

71. Pollutant – A substance which causes or contributes to pollution which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and


agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act. !

72. Pollution – The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. !

73. Property Owner – Any person having legal or equitable title to property, having a contractual interest in property, or any person having or exercising care, custody, or control over any property. !

74. Reclamation Plan for Mineral Extraction – A document illustrating drainage patterns, both existing and proposed, at a mineral extraction site; proposed erosion control and off-site sed-imentation control of the site; and proposed final land use and post construction stormwater quality BMPs for the site, all of which are documented at the initial approval of the SWMP and at 10-year intervals following the approval of a SWMP. !

75. Record Drawings – Drawings prepared, signed and sealed by a professional engineer or land surveyor representing the final “as-built” record of the actual in-place elevations, location of structures, and topography. !

76. Registered Professional – An engineer, land surveyor or architect license under the laws of the State of Indiana to practice the respective profession. !

77. Regulated Drain – A drain, either open channel or closed tile/sewer, subject to the provisions of the Indiana Drainage Code, I.C.-36-9-27. !

78. Retention – A system that is designed to capture stormwater and contain it until it infiltrates into the soil or evaporates. !

79. Right-of-way - A strip of land occupied or intended to be occupied by a street, pedestrian-way, hiking path, biking path, crosswalk, railroad, electric transmission line, oil or gas pipe-line, water main, sanitary or storm sewer main, special landscaping, drainage, or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and dis-tinct from the lots or parcels adjoining such right-of-way and not included within the dimen-sions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use in-volving maintenance by the Town Council shall be dedicated to public use by the subdivider on whose plat such right-of-way is established. All divisions of land along existing roadways shall dedicate half right of way for public purposes along it’s entire frontage in the amount as specified for the classification of the existing roadway. !


80. Roadway drainage – The runoff and drainage located within 20 feet of the edge of public and/or private roadways adjacent to, abutting, or within the boundaries of the property to be addressed in a proposed Stormwater Management submittal. !

81. Runoff – The waters derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils of that basin. !

82. Soil Erosion – The stripping of soil and weathered rock from land creating sediment for transportation by water, wind or ice, and enabling formation of new sedimentary deposits. !

83. Storm Drain – A system of open or enclosed conduits and appurtenant structures intended to convey or manage stormwater runoff, ground water and drainage. !

84. Storm Drain System – Publicly owned facilities operated by the Town or easements on pri-vate property by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage chan-nels, ditches, swails, reservoirs and other drainage structures which are within the Town and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2 !

85. Stormwater – Any surface flow, runoff, and drainage consisting entirely of water from rain storm events. !

86. Stormwater Management Plan (SWMP) - An engineered drainage plan that effectively ad-dresses and manages stormwater runoff and discharge. !

87. Stormwater Management Plan Approval (SWMPA) – An approval issued pursuant to this Ordinance from the PWO that states all requirements of the Mooresville Stormwater Man-agement Ordinance have been met. !

88. Stormwater Quality Management Plan – A comprehensive written document that addresses stormwater runoff quality within a municipal separate storm sewer system area. !

89. Stormwater Runoff – The runoff and drainage of precipitation resulting from rainfall or snowmelt or other natural event or process. !

90. Stormwater Runoff Facility – The method, structure, area, system, or other equipment or measures that are designed to receive, control, store, or convey stormwater. !

91. Stream – A river, stream or creek which may or may not be serving as a drain, or any other water body that has definite banks, a bed, and visible evidence of a continued flow or contin-ued occurrence of water. !


92. Structural BMP – A structure designed and constructed for the purpose of stormwater quality treatment. !

93. Swale – A depressed earthen designed to convey stormwater runoff with side slopes 5:1 or shallower and conveying no more than 10 cfs. !

94. USACOE – The United States Army Corps of Engineers. !95. USEPA – The United States Environmental Protection Agency. !96. Water Body – A river, lake, stream, creek or other watercourse or wetlands. !97. Water Quality Volume (WQv) – The storage needed to capture and treat the volume of rain-

fall for 90% of the storm events which produce runoff in the watershed annually. !98. Waters of the US and Waters of the State - Refer to areas that are under the jurisdictional au-

thority and regulated by the United States Army Corps of Engineers or the Indiana Depart-ment of Environmental Management respectively. !

99. Watershed – A region draining into a water body. !100.Wetlands – Land characterized by the presence of water at a frequency and duration suffi-

cient to support wetland vegetation or aquatic life. !!


Appendix B


Right of Way Agreement !

THIS GRANT OF STORM WATER MANAGEMENT EASEMENT AND RIGHT-OF-WAY (the “Ease-ment”), made this ______ day of ______________, 20___, is by and between ______________________________________________________, its successors and assigns (the “Grantor”) and MORGAN COUNTY, INDIANA, ITS SUCCESSORS AND ASSIGNS (the “County”). The Grantor and the County are hereinafter referred to collectively as “the Parties”. !

WHEREAS, the Grantor is the owner of certain real property located in Morgan County, Indiana (the “Property”) described in Exhibit A, which is attached to this Easement and incorporated herein as if fully set forth; and !

WHEREAS, the Grantor has agreed to provide an easement to the County over, through, and under the Property to inspect and/or to maintain storm water management facilities on the Property; and !

WHEREAS, the County has determined to accept the grant of the Easement subject to the provisions stated below; !

NOW, THEREFORE, in consideration of the payment of One Dollar ($1.00) paid by the County to the Grantor, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowl-edged by the Parties, the Parties agree as follows: !

1. The Grantor hereby grants to the County a perpetual easement for the inspection and/or maintenance of all best management practices (“BMP(s)”), including both structural devices (e.g., storm water management facilities) and any non-structural practices (e.g., green roofs) that com-prise the Property’s stormwater management system (the “System”), in the area described in Ex-hibit A and shown cross-hatched on Exhibit B (the “Easement Area”), which is attached to this Easement and incorporated herein as if fully set forth; !

2. The Grantor agrees that Grantor will not obstruct or permit anyone else to obstruct the Easement Area during the term of this Easement. Grantor will not construct any building or structure of any kind in the Easement Area, nor permit the construction of any building or structure in the Ease-ment Area, except as approved under a permit with the County. Grantor further covenants that Grantor will not perform or permit any fill or excavation activities or plant any trees within the Easement Area without the County’s prior written consent except as required to maintain the Sys-tem; !

3. The County will at all times have a right of ingress and egress over the Easement Area and the right to enter the Easement Area via any road or parking lot located within any common area owned by the Grantor to install, construct, reconstruct, modify, alter, maintain, repair, replace, operate, monitor, and inspect any BMP within the System located in the Easement Area; !

4. The Grantor must maintain the Easement Area and the stormwater management facility and the County must inspect for compliance any stormwater management facilities located in the Ease-ment Area in accordance with the maintenance covenant for the System, which is attached to this Easement as Exhibit C and incorporated herein as if fully set forth. If said structures are not main-tained to compliance, the County may take necessary maintenance actions and collect reasonable costs to cover said maintenance from the Grantor using lien rights if necessary; !

5. No covenant or agreement contained in this Easement shall inure to the benefit of any party other than the Grantor and the County and their respective successors and assigns; !

6. All of the covenants, agreements, and conditions contained in this Easement run with the land and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns;


!7. The Grantor specially warrants this Easement and agrees to execute, acknowledge, and deliver to

or for the County such further instruments and take such further actions as may be reasonably re-quired to carry out and effectuate the intent and purpose of this Easement, or to confirm or perfect any right created hereunder; !

8. In the event of any breach, or threatened breach, of this Easement by either party hereto, the non-defaulting party shall have the right to any remedy available at law or in equity, including but not limited to, injunctive relief and specific performance; !

9. This Easement constitutes the entire agreement between the Parties and may not be modified, amended, or terminated except by an instrument in writing signed by both of the Parties; !

10. This Easement shall be recorded among the land records of Morgan County, Indiana; !11. This Easement shall be governed and construed in accordance with the laws of the State of Indiana

and the laws of Morgan County, Indiana; !12. Any forbearance by either the County or the Grantor in exercising any right or remedy afforded

under this Easement or by law shall not be a waiver or preclude the exercising of any such right or remedy; and !

13. Invalidation of any one of these terms or provisions by any Court shall in no way affect any other provisions, which shall remain in full force and effect. !

WHEREFORE, the Parties have executed this Easement under seal on the date first above written. !GRANTOR(S):

____________________________________ ___________________________________ Witness Signature !____________________________________ ___________________________________ Printed Name Printed Name !

___________________________________ Title !MORGAN COUNTY, INDIANA !

____________________________________ ___________________________________ Witness Signature !____________________________________ ___________________________________ Printed Name Printed Name

Assistant Chief Administrative Officer !! !!!STATE OF COUNTY OF : ss ! I hereby certify that on this ___________ day of ______________, 20___, before the subscriber, a Notary Public of the State of _______________, and for the County of ________________, personally appeared


_____________________________________________, known to me (or satisfactorily proven) to be the person(s) described in the foregoing instrument, who did acknowledge that (he)(she)(they), having been properly authorized, executed the same in the capacity therein stated and for the purposes therein contained. !!IN TESTIMONY WHEREOF, I have affixed my hand and official seal. !!

__________________________________________ NOTARY PUBLIC !My Commission Expires _____________________ !!!

STATE OF COUNTY OF : ss ! I hereby certify that on this ___________ day of ______________, 20___, before the subscriber, a Notary Public of the State of _______________, and for the County of ________________, personally appeared ________________________, Chief Administrative Officer, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, who did acknowledge that (he) (she), having been properly authorized, exe-cuted the same on behalf of Morgan County, Indiana in the capacity therein stated and for the purposes therein con-tained. ! IN TESTIMONY WHEREOF, I have affixed my hand and official seal. !! __________________________________________ NOTARY PUBLIC ! My Commission Expires ______________________

!!!!!!!!!!!


STORMWATER MANAGEMENT/ BMP FACILITIES AGREEMENT !!

THIS AGREEMENT, made and entered into this ___ day of ____________, 20___, by and between _________________________________________________________ hereinafter called the "Landowner" (Insert

Full Name of Owner), and the Morgan County Drainage Board, a, hereinafter called the "County".

WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as ___________________________ as recorded by deed in the land records of Morgan County,

(Morgan County tax Map/Parcel Identification Number) Indiana, Deed Book __________ Page __________, here-inafter called the "Property".

WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as ___________________________________, hereinafter (Name of Plan/Development)

called the "Plan", which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and

WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Morgan County, Indiana, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and

WHEREAS, the County requires that on-site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.

NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The on-site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.

2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management/BMP facilities. This includes all pipes and channels built to con-vey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Annual Inspection Report form (Morgan County Stormwater Technical Standards Manual) is to be used to establish what good working condition is acceptable to the County.

3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper function-ing of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report.

4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficien-cies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary.


5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Prop-erty and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County.

6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater manage-ment/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed.

7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder.

8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly.

9. This Agreement shall be recorded among the land records of Morgan County, Indiana, and shall consti-tute a covenant running with the land, and shall be binding on the Landowner, its administrators, execu-tors, assigns, heirs and any other successors in interests, including any homeowners association.

WITNESS the following signatures and seals:

!GRANTOR(S):

____________________________________ ___________________________________ Witness Signature !____________________________________ ___________________________________ Printed Name Printed Name !

___________________________________ Title !MORGAN COUNTY, INDIANA !

____________________________________ ___________________________________ Witness Signature !____________________________________ ___________________________________ Printed Name Printed Name

Assistant Chief Administrative Officer !! !!!Morgan County Stormwater Management Ordinance "96

STATE OF COUNTY OF : ss ! I hereby certify that on this ___________ day of ______________, 20___, before the subscriber, a Notary Public of the State of _______________, and for the County of ________________, personally appeared _____________________________________________, known to me (or satisfactorily proven) to be the person(s) described in the foregoing instrument, who did acknowledge that (he)(she)(they), having been properly authorized, executed the same in the capacity therein stated and for the purposes therein contained. !!IN TESTIMONY WHEREOF, I have affixed my hand and official seal. !!

__________________________________________ NOTARY PUBLIC !My Commission Expires _____________________ !!!

STATE OF COUNTY OF : ss ! I hereby certify that on this ___________ day of ______________, 20___, before the subscriber, a Notary Public of the State of _______________, and for the County of ________________, personally appeared ________________________, Chief Administrative Officer, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, who did acknowledge that (he) (she), having been properly authorized, exe-cuted the same on behalf of Morgan County, Indiana in the capaCounty therein stated and for the purposes therein contained. ! IN TESTIMONY WHEREOF, I have affixed my hand and official seal. !! __________________________________________ NOTARY PUBLIC ! My Commission Expires ______________________

!!!!!!!!!


Cer$fica$on of Comple$on & Compliance

!Address of premises on which land alteration was accomplished:______________________________________________________________________________________________________________________________________________________________________________________________________________________________

Inspection Date(s):____________________ Permit Number:____________________________

Relative to plans prepared by:_____________________ on____________________________

(Date)

I hereby certify that:

1. I am familiar with drainage requirements applicable to such land alteration (as set forth in the Stormwater Management Ordinance of Morgan County); and

2. I (or a person under my direct supervision) has personally inspected the completed work and examined the drainage permit and its conditions, as-built plans, and final drainage calculations consistent with as-built conditions performed pursuant to the above referenced drainage permit; and

3. To the best of my knowledge, information, and belief, such land alteration has been performed and completed in conformity with all such drainage requirements, excep-t____________________________________________________________________________________________________________________________________

!Signature:___________________________________ Date:__________________

Typed or Printed Name:________________________ Phone:(___)_____________

(SEAL)

!!Business Address:_________________________

_________________________


Permanent Stormwater Facility Maintenance and Responsibility Agreement !Indiana Registration No. _________________

!State of Indiana ) Permanent Stormwater Facility Maintenance ) and Responsibility Agreement

Morgan County ) Tax Map No. ________________________

This Agreement is entered into this _____ day of _______________, 20____, by and between ________________________________, (hereinafter referred to as Landowner) and Morgan County, a political subdivision of the State of Indiana (hereinafter referred to as County).

It is agreed as follows:

Landowner Responsible for Stormwater Facility:

The South Carolina Stormwater Management and Sediment Reduction Act of 1991 (§48-14-10, et. seq.) and Regulation 72-308 provide that a Landowner shall adequately establish and maintain stormwater management/Best Management Practices (BMP) facilities upon making certain improvements to the Landowner’s property. This law applies to any individual, partnership, corporation or other entity, constructing a stormwater facility. It also applies to all subsequent owners of the property. The obligation applies to the maintenance of all pipes, equipment, and channels built to convey stormwater to a retention facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater on the property. (All fixtures and graded or excavated improvements for controlling stormwater are herein the “Facility”). Adequate maintenance is herein defined as keeping the Facility in good working condition so that the Facility is performing all of its design functions in accordance with the purposes for which it is designed.

Maintenance Required:

The Landowner, its successors and assigns, will perform the maintenance, repair, and replacement necessary to keep the Facility in good working order. In the event a maintenance schedule for the Facility (including sediment removal) is outlined on the approved plans, the schedule must be followed.

Inspection Required:

The Landowner, its successors and assigns, shall regularly and periodically inspect the Facility in its entirety. Records shall be kept to identify the dates and maintenance performed and shall be made available to the County and the County’s request. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover all parts of the Facility


including, but not limited to, berms, outlet structures, pond areas, and access roads. The Landowner’s failure to inspect shall be treated as a breach of this Agreement just as much as a failure to repair if repair is needed after inspection.

Access Permitted:

The Landowner grants permission to the County, its authorized employees and agents, to enter upon the Property and to inspect the Facility whenever the County deems necessary. The purpose of inspection is to follow-up on reported or observed deficiencies, to respond to citizen complaints, or to make an inspection if a significant time has passed after the last inspection. The County shall provide the Landowner a copy of the inspection findings and a directive to commence with the repairs if necessary. In the case of multiple Landowners of a single property, notice to one shall suffice as notice to all.

No Duty on the County:

This Agreement creates no affirmative duty on the County to inspect, and it imposes no liability of any kind whatsoever on the County for omissions in inspecting. The Landowner agrees to hold the County harmless from any liability in the event the Facility fails to operate properly due to the Landowner’s failure to abide by the terms of this Agreement.

Landowner Covenants:

The Landowner accepts responsibility for ownership and proper maintenance of the stormwater system, the Facility (pond, swales, etc.) on the site located at , Morgan County, Indiana, per the approved maintenance plan. Landowner will complete any necessary repairs and/or preventive maintenance procedures in a timely manner to ensure proper functioning as a stormwater management device(s).

Landowner understands that the maintenance plan may be amended or revised at any time by the County in order to address changed conditions or to address conditions not being effectively met by the Facility. Following the County’s sending notice, Landowner will abide by any prescribed changes.

This covenant to maintain the Facility shall run with the land. Landowner will continue to own and maintain the Facility until the County is notified in writing of a transfer in ownership and maintenance responsibility. The notification will include a date for the transfer of responsibility which will become effective upon the County’s receipt of a letter of acceptance from the new owner. Notwithstanding the provision for a letter of acceptance, any new Landowner shall be responsible for all duties and obligations created by this Permanent Stormwater Facility and Maintenance Responsibility Agreement upon it being executed and filed in the Register of Deeds Office for Greenville County.

Landowner understands that failure to adhere to the signed Maintenance Agreement may result in fines of up to $1,000.00 per day, per violation and /or the institution of a court action, or such


other and additional penalties, fines, or assessments as shall be enacted and provided for by the general law of the State or by local regulation lawfully enacted.

(Signatures contained on the next page)

!!!IN WITNESS our hand and seal this ____ day of _____________, 20___.

!WITNESSES: LANDOWNER:

(Printed Name)

(Signature)

Mailing Address:

Phone Number:

MORGAN COUNTY

BY:

ITS:

ACKNOWLEDGEMENT

!! !

(Printed Name) (Signature)

! ! ! ! !

WITNESSES:


STATE OF INDIANA ) ) COUNTY OF MORGAN )

! ! !

The foregoing instrument was acknowledged before me this _____ day of ___________, 20___ by _________________________________, (Landowner’s name).

Notary Public for Indiana My Commission Expires:

STATE OF INDIANA )) ACKNOWLEDGEMENT

COUNTY OF MORGAN )

The foregoing instrument was acknowledged before me this _____ day of ___________, 20___ by ______________, _____________________.

Notary Public for Indiana My Commission Expires:

! ! ! ! !

!!!!!!!!!!!!!!!Morgan County Stormwater Management Ordinance "102

STORMWATER PERMIT APPLICATION 180 S. Main St. Suite 010, Martinsville, IN 46151 (ph) 765-342-1064 (f) 765-342-1063

!

!

!

!!

PROJECT INFORMATION

Project Name:

Street/Location:

Tax Map Number:

Total Acreage of Project Site: (acres)

Disturbed Area: (sf) (acres)

Existing Impervious Area: (sf)

Proposed Total Impervious Area:(sf)

PERMIT TYPE (SELECT ONE)

☐ Soil Erosion and Sediment Control Permit $50

☐ Minor Stormwater Permit $100

☐ Major Stormwater Permit $150

PLAN PREPARER

Name: Title:

Professional License: Type: No.

Mailing Address:

Phone: Email:

Signature: Date:


MAJOR STORMWATER PERMIT CHECKLIST !Project Name:

Street/ Location:

Tax Map Number: !(Mark N/A if required information does not apply to the project.)

Application Requirements:

Major Stormwater Permit Application

Check made payable to Morgan County for $150

Major Stormwater Permit Checklist

IDEM NOI

Major Stormwater Permit Report

Stormwater Pollution Prevention Plan (SWPPP) book. Appicable for sites dieturbing 0.5 ares or more and sites that are part of a a Larger Common Plan with an ultimate disturbance of 0.5 acres or more.

Check made payable to IDEM for $100

Prepared by a Professional Engineer registered in the State of Indiana

Major Stormwater Permit Report:

A written narrative description of the proposed phasing (construction sequencing) of the development of the site.

A general description of the existing and proposed stormwater management system including all discharge points, collection, conveyance, and storage facilities.

A general description of the proposed Low Impact Development (LID) or water quality features.

Supporting maps to include a FIRMETTE, USGS quadrangle map, and NRCS soils map.

A vicinity map identifying the Parcel Identification Numbers of all parcels comprising the proposed development.

A capacity analysis of the stormwater management system components onsite.


Is an offsite capacity analysis required by the administrator? Yes or No

Design calculations for sediment and erosion control measures with the drainage area tributary to each sediment control measure delineated on an overall map.

Design calculations verifying that the proposed LID or water quality feature meets the treatment requirements and has the appropriate total flow rate for which the associated pipe network has been designed. Total flow rate includes treated flow and bypass flow.

Supporting documentation for method used to meet 50% hydrocarbon removal.

Drainage map identifying contributing areas to each LID of water quality device.

Descriptions of off-site fill or borrow volumes, locations, and methods of stabilization.

A color coded map depicting the existing impervious surfaces and total new impervious surfaces along with a summary table.

Any Federal, State and local requirements including but not limited to the applicable SCDHEC Notice of Intent, ACOE Nationwide Permit, FEMA Letters of Map Change, jurisdictional wetland determination and endangered species permitting.

An area drainage plan locating the proposed development in the watershed.

Pre-development and post-development discharge rate summary tables to include curve numbers and impervious areas

A predevelopment and post development drainage area maps prepared in accordance with the requirements of the Stormwater Ordinance.

A report describing the hydrologic and hydraulic analysis performed for the project in accordance with the requirements of the Stormwater Ordinance.

Hydrologic and hydraulic analysis report for detention facilities in accordance with the requirements of the Stormwater Ordinance.

A copy of a South Carolina Dam Safety Permit or a letter stating that a Dam Safety Permit is not required if the development includes a dam.

An exhibit(s) for review which displays all deed or plat restrictions of record or to be recorded for the stormwater management system.

Fully executed maintenance agreements and plan for stormwater facilities.

Major Stormwater Permit Plan

Tax map number(s)

North arrow and graphical scale bar

Property boundaries, adjacent streets and associated rights-of-way

Limits of disturbance


!A provision of all required information is not a guarantee of permit approval. This list contains the minimum amount of information necessary for review. Morgan County may require supple-mental reports, data or information as necessary. If you have questions, concerning this checklist, please contact the Morgan County Surveyors Office at (765) 342-1064.

Certification Statement:

Survey grade data to include proposed and existing elevations tied to the North American Vertical Datum of 1988. Horizontal datum survey control shall be South Carolina State Plane NAD83 HARN International Feet coordinates. Statement identifying basis of vertical datum.

Offsite and onsite drainage features, overland flow paths, stormwater management system components including size, material, location and elevations. Include all applicable details, SCDOT details are preferred by the County.

Location and details of proposed LID and water quality devices including hydrocarbon removal.

Existing and proposed utilities which may include septic systems and wells.

Adjoining lakes, streams, and other major drainage ways.

Cross-section details for the stormwater management facility.

Regulatory Floodplains, wetland boundaries, buffer areas.

Elevations of lowest floor or lowest adjacent grade for structures in or near the 100-year floodplain. Reference Section 19-7.7 for more specific requirements based on impact.

Location and description, including standard details, of all sediment control measures including but not limited to construction entrance, silt fence, inlet protection, dust control, stockpile areas management, concrete washout areas, and sediment basins/traps and corresponding outlet details.

Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod or vegetation, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non-vegetative stabilization measures.

Phased soil erosion and sediment control plans as required to meet the requirements of this ordinance and to mitigate offsite soil migration and erosion throughout construction.

Standard Morgan County Erosion and Sediment Control notes. Latest Sediment and Erosion Control notes can be found at: INSERT WEB ADDRESS HERE


I certify to the best of my knowledge that this permit application contains all information re-quired as referenced on this checklist.

Name: Title:

(Please Print) (Please Print)

Mailing Address:

(Please Print)

!!!!!!!!!!!!!!!!!!!!Morgan County Stormwater Management Ordinance "107

!MINOR STORMWATER PERMIT CHECKLIST !Project Name:

Street/ Location:


Application Requirements:

Minor Stormwater Permit Application

Check made payable to Morgan County

Minor Stormwater Permit Checklist

IDEM NOI

Minor Stormwater Permit Report

Stormwater Pollution Prevention Plan (SWPPP) book. Appicable for sites dieturbing 0.5 ares or more and sites that are part of a a Larger Common Plan with an ultimate disturbance of 0.5 acres or more.

Check made payable to IDEM for $100

Prepared by a Professional Engineer, Land Surveyor, or Landscape Architect. All must be Registered in the State of Indiana

Major Stormwater Permit Report:



A general description of the proposed Low Impact Development (LID) or water quality features.







Design calculations verifying that the proposed LID or water quality feature meets the treatment requirements and has the appropriate total flow rate for which the associated pipe network has been designed. Total flow rate includes treated flow and bypass flow.

Supporting documentation for method used to meet 50% hydrocarbon removal.

Drainage map identifying contributing areas to each LID of water quality device.



Any Federal, State and local requirements including but not limited to the applicable SCDHEC Notice of Intent, ACOE Nationwide Permit, FEMA Letters of Map Change, jurisdictional wetland determination and endangered species permitting.

An area drainage plan locating the proposed development in the watershed.

An exhibit(s) for review which displays all deed or plat restrictions of record or to be recorded for the stormwater management system.

Fully executed maintenance agreements and plan for stormwater facilities.

Minor Stormwater Permit Plan

Tax map number(s)




Survey grade data to include proposed and existing elevations tied to the North American Vertical Datum of 1988. Horizontal datum survey control shall be South Carolina State Plane NAD83 HARN International Feet coordinates. Statement identifying basis of vertical datum.



A provision of all required information is not a guarantee of permit approval. This list contains the minimum amount of information necessary for review. Morgan County may require supple-mental reports, data or information as necessary. If you have questions, concerning this checklist, please contact the Morgan County Surveyors Office at (765) 342-1064.



Name: Title:


Mailing Address:

(Please Print)

!!!!

Location and details of proposed LID and water quality devices including hydrocarbon removal.







Standard Morgan County Erosion and Sediment Control notes. Latest Sediment and Erosion Control notes can be found at: ISNERT WEB ADDRESS HERE


!SOIL EROSION AND SEDIMENT CONTROL PERMIT CHECKLIST !Project Name:

Street/ Location:


Application Requirements

Soil Erosion and Sediment Control Permit Application

Check made payable to Morgan County

Soil Erosion and Sediment Control Permit Checklist

IDEM NOI

Soil Erosion and Sediment Control Report

Prepared by a Professional Engineer, Land Surveyor, or Landscape Architect. All must be Registered in the State of Indiana

Soil Erosion and Sediment Control Report










A provision of all required information is not a guarantee of permit approval. This list contains the minimum amount of information necessary for review. Morgan County may require supple-mental reports, data or information as necessary. If you have questions, concerning this checklist, please contact the Morgan County Surveyors Office at (765) 342-1064.



Any Federal, State and local requirements including but not limited to the applicable IDEM Notice of Intent, ACOE Nationwide Permit, FEMA Letters of Map Change, jurisdictional wetland determination and endangered species permitting.

Minor Stormwater Permit Plan

Tax map number(s)




Proposed and existing elevations tied to the North American Vertical Datum of 1988. Horizontal datum survey control shall be South Carolina State Plane NAD83 HARN International Feet coordinates. Statement identifying basis of vertical datum.








Standard Morgan County Erosion and Sediment Control notes. Latest Sediment and Erosion Control notes can be found at: INSERT WEB ADDRESS HERE



Name: Title:


Mailing Address:

(Please Print)

!!!!!!!!!!!!!!!!!!!!Morgan County Stormwater Management Ordinance "113

MEMORANDUM OF DRAINAGE CONTROL !INSTRUCTIONS

Submit the notarized original Morgan County Surveyors Office for recording.

• Do not write within the one-inch border

• Font size must be at least 8-point (This is 8-point type)

• Document must be single sided and the original copy (no faxes or copies).

• Do not attach a site plan

1. Pg. 1, “Grantor” - List the name(s) of all owners of the parcel or property where the Drainage Control Facility is located. List one name per numbered line. If you need more lines, mark the box and attach another page with the names of the additional owners. Number the additional attached page(s) as the last page of the document. On the first page fill in the number of the page on which the additional names of the Owners/Grantors is listed.

2. Pg. 1, “Legal Description (Abbreviated)” -Fill in the complete legal description of the property that the Grantor owns that is covered by this agreement. If there is not enough room for the complete legal description, abbreviate it, and mark the box for “additional legal description.”

3. Pg. 1, “Assessor’s Tax Parcel ID NO(S)” - Fill in the tax parcel number(s) (as shown on the tax assessors’ statements) for all of the properties described above.

4. Pg. 1, “Permit Street Address” - Fill in the property address.

5. Pg. 1, “Grantor’s Address” - Fill in the mailing address for the permit owner. This is the address where the recorded MDC will be mailed.

6. Pg.2, In the first blank space, insert the complete legal description of the property that the Grantor owns that is covered by this agreement. This legal description should be the same as on page 1 after “Grantor’s Property:”, unless the description on page 1 had to be abbreviated for space.

7. Pg. 2, - Fill in the Building Permit # that is associated with this drainage facility. The Side Sewer Permit # and date will be added by DPD staff.

8. Pg. 2 (#1), - Put a check mark in each box for each type of flow control or green stormwater infrastructure BMP to be included in the drainage control facility. If the property will have a type not listed, mark “other” and fill in the description.


9. Pg. 3 (#2): This section is not applicable for most projects. This applies to projects with more than 5,000 sf of pollution generating hard surface which will go to the separated storm system. Put a check mark in each box for each type of stormwater treatment BMP to be located on the property. These are facilities that are required in order to treat stormwater going to the public storm system. This section is not applicable for most projects.

10. Pg. 3 (#3), This section is not applicable for most projects and applies to the implementation of additional BMPs for all businesses and public agencies with specific pollution-generating activities that could result in pollutants entering receiving waters (i.e. outdoor storage facilities, gas stations, etc).

11. Put a check mark in each box for each type of source control structure and associated activities located on the property.

12. Pg. 3, (#4) put a checkmark by any terms and/or limitations applicable to the drainage control plan for this property. If there are terms or limitations not listed, mark other and list them in the blank.

Signatures, Acknowledgements and Notary pages. Each owner of property covered by this Agreement must complete the signature page and have a notary notarize the signature.

Individual Owners:

• If the owners are individuals, each owner must complete one of the signature blocks on the signature page marked “Individual.” There are two signature blocks per page; if there are more than two individual owners, print out and complete additional pages as needed. Number any additional pages to follow consecutively after the first signature page.

• "Print the owner’s name and address on the lines labeled “Printed Name”and “Address.”

• Have a notary complete the notary block and notarize the document.

• Number the signature page with the number following the number on the page containing the permit application numbers.

Entity Owners:!• If any of the owners are entities rather than individuals, those owners must complete a

signature block on the signature page entitled “CORPORATE , PARTNERSHIP, LIMITED LIABILITY COMPANY Or OTHER LEGAL ENTITY OWNER.” Each entity owner must complete a signature block. There are two signature blocks per page; if there are more than two entity owners, print out and complete additional pages as needed. Number the additional pages to follow consecutively after the first entity signature page.


• For each entity owner, enter the date the document is signed on the Date line and the name of the entity owner on the signature line.

• Print the name of the entity Owner on the“PrintedName”line.

• Fill in the Address of the entity owner above the Address line.

• The person signing on behalf of the Owner should sign the line following “By:”

• Print that person’s name on the line labeled “PrintedName.”

• After “Its” indicate the title / authority of the person signing the document on behalf of the entity.

• Have a notary complete the notary block and notarize the document.

• !When Recorded, Return to the Morgan County Surveyors Office

!!!!!!!!!!!!!!!!!Morgan County Stormwater Management Ordinance "116

MEMORANDUM OF DRAINAGE CONTROL

!GRANTOR: 1)

2)

3)

! Additional Owners/Grantors on page ______

!GRANTEE: Morgan County

!LEGAL DESCRIPTION (ABBREVIATED):

!!!!!�� Additional legal description on page 2.

ASSESSOR’S TAX PARCEL ID NO(S).

Permit Street Address

Application No. (by MCSO staff):

Date (by MCSO staff): / /

Grantor’s Address:

City State Zip

!!Memorandum of Drainage Control—page 1



!THIS Agreement is executed in favor of Morgan County (“County”) by the undersigned owner(s) (“Grantor”) of the following described real property situated in Morgan County, State of Indiana (the “Property”) (insert complete legal description):

!!!!!In consideration of the County’s granting a permit for the drainage control facilities proposed by Grantor, and for the County’s allowing the connection thereof to the County’s drainage system if applicable, Grantor hereby agrees and covenants, pursuant to the Morgan County Stormwater Ordinance, as follows:

On , 20 , Stormwater Permit # a n d Building Permit # were issued for the above described Property.

WHEREAS; the drainage control facilities permitted by said side sewer permit are the following and are key terms of the Property’s drainage control plan, which is documented in the drainage control plan drawing(s) as amended by the as-built record drawing(s) on file with the Morgan County Recorders Office:

1. The following flow control best management practices (BMPs):

Memorandum of Drainage Control— page 2

! ExistingTrees

! Dispersion (downspout or sheet flow) ! Infiltration Basins

! BioretentionCells/Planters ! Infiltration Trenches

! RainwaterHarvesting ! Drywells

! PermeablePavementSurfaces ! Detention Pond

! PermeablePavementFacilities ! Detention Pipe

! GreenRoof ! Detention Vault

! Detention Cistern for a Single-Family Project ! Surface Ponding

! Other (describe)_____________________________________________________________



2. The following stormwater treatment BMPs:

3. The following source control structures:

to contain the following activities:

4. and the following items, terms and/or limitations:

!!Memorandum of Drainage Control— page 3

! Pre treatment Facilities

! Biofiltration Swales ! Stormwater Treatment Wetlands

! Filter Strips ! Oil Control Facilities

! Infiltration Basins, Trenches or Dry Wells ! Storm Filter Units

! Bioretention Systems ! PermeablePavementFacilities

! Sand Filtration ! Wet pond/ Wet vault

! Other (describe)_____________________________________________________________

! Roof, Awning Cover ! Pavement

! Ground Surface Treatment ! Containment

! Sumps, Tanks ! Washpad

! Berms, Dikes ! Other (describe)_________________________

! Cleaning and Washing ! Storage and Stockpiling

! Material Transfer ! Dust Control and Soil and Sediment Control

! Product and Application ! Other (describe)_________________________

! Catch basin (s), quantity__________ ! Pipes with less than 2% grade

! Submersible Pump (s) quantity _____________ ! Invert connection less than 12 inches above main sewer or drain

! Roof leader connections ! Other (describe)_________________________


NOW THEREFORE; the Grantor, on behalf of Grantor and Grantor’s heirs, successors and assigns, agrees to the following and hereby creates a covenant running with the land that shall be binding upon all parties and their heirs, successors and assigns forever:

The Grantor, on behalf of Grantor and Grantor’s heirs, successors and assigns, agrees to and shall (1) inspect and maintain the above described drainage control facilities in accordance with the provisions of the Morgan County Stormwater Ordinance and any other provisions applicable to the facilities, as now and hereafter in effect, (2) implement the terms of the drainage control plan required by the MCSO and (3) inform all future purchasers, successors and assigns of the existence of the drainage control facilities and other elements of the drainage control plan, the limitations of the drainage control facilities, and of the requirement for the facilities’ continued inspection and maintenance; and

The obligations of Grantor and each of Grantor’s heirs, successors and assigns under this Memorandum of Drainage Control shall terminate when that person, sells, devises or transfers the Property, or his or her interest therein, unless the obligation arises out of a claim of negligence or intentional act of that person. Further, recording of this Memorandum of Drainage Control as required herein shall satisfy the obligations to inform under subsection (3) above.

The Grantor, on behalf of Grantor and Grantor’s heirs, successors and assigns, hereby grants permission for authorized representatives of the Morgan County Surveyors Office or its designee to enter onto the Property for inspection, monitoring, correction or abatement of conditions related to the Property’s drainage control plan, drainage control facilities, or any other provision applicable to drainage control, as now and hereafter in effect; and

The Grantor, on behalf of Grantor and Grantor’s heirs, successors and assigns, (1) agrees and acknowledges that the County is not responsible for the adequacy or performance of the drainage control plan or the drainage control facilities, (2) agrees to accept any and all risks of harm, loss, or damage related to the drainage control plan or the drainage control facilities and (3) hereby waives any right to assert any and all present and future claims against the County, whether known or unknown, for any harm, loss or damage occurring either on or off the Property, related to the drainage control plan, the drainage control facilities, or drainage or erosion on the Property, except only for such harm, damages and losses that directly result from the sole negligence of the County.

This Memorandum of Drainage Control shall be recorded in the real estate records of the Morgan County Recorders Office. If any provision of this Memorandum is held invalid, the remainder of the Memorandum is not affected.

!!Memorandum of Drainage Control— page 4

!


SIGNATURES, ACKNOWLEDGEMENTS AND NOTARY

Individual Owner—attach more pages if needed

Memorandum of Drainage Control— Page No. ______

Dated: ________!_____________Owner/Grantor!______________Printed Name!____________________________Address

State of Indiana ) ) ss

County of _____________ )

I certify that I know or have satisfactory evidence that _______________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument.

Date: ________________

NOTARY PUBLIC in and for the State of IndianaResiding at_______________________________

My commission expires:____________________

PRINT NAME: ___________________________

!!!

Use this space for Notary Seal



County of _____________ )


Date: ________________



PRINT NAME: ___________________________

!!!



Corporate Owner, Partnership Owner, LLC Owner, Other Legal Entity Owner—attach more pages if needed

Memorandum of Drainage Control— Page No. ______



County of _____________ )


Date: ________________



PRINT NAME: ___________________________

!!!




County of _____________ )


Date: ________________



PRINT NAME: ___________________________

!!!



Stormwater Management Facility Certification Form !Date:

To: Morgan County Surveyors Office

180 S. Main St. Suite 010, Martinsville, IN 46151

!Project Name:

Address:

Type of Facility:

Designed Storage Volume:

As Built Storage Volume:

Primary Outlet

Designed Outlet Device Type and Dimensions:

As Built Outlet Device Dimensions:

Secondary Outlet

Designed Outlet Device Type and Dimensions:

As Built Outlet Device Dimensions:

!By placing my professional stamp and signature on this paper, I certify that the storm water management facility is constructing acceding to the approved design on file with the Morgan County Surveyors Office. I further certify that all the drainage areas designed to drain to this pond in fact do drain to said pond and that the outflow from the pond is equal to or less than the maximum allowable outflow for the 2, 10 and 25 year storms. I further verify that the copy of the calculations attached hereto was used to determine the As Built Storage Volumes.

!Signature and Seal Company Name

! Detention ! Retention

! Underground ! Parking Lot Surface


Documents

Morgan County Stormwater Management Ordinancemorgancountysurveyor.com/Data/Sites/1/media/morgan... · Morgan County Stormwater Management Ordinance Dillterra 4740 Swisher Rd West