CHAPTER 154:
STORM WATER DRAINAGE

    Section

    154.01 Title
    154.02 Purpose and Scope
    154.03 Policy Statement
    154.04 Allowable Storm Water Release Rate
    154.05 Submittals
    154.06 Exemptions
    154.07 Storm Water Storage Location Limitations
    154.08 Impact Drainage Areas
    154.09 As Built-Drawings
    154.10 Maintenance of Approved Drainage Patterns
    154.11 Disclaimer
    154.12 Corrective Action


154.01  TITLE.

     This chapter and all ordinances supplemental or amendatory hereto, shall be known as the "Howard County Drainage Ordinance".

(BCC Ord. 2001-38, passed 7-16-01)

154.02  PURPOSE AND SCOPE.

     This chapter is intended to set standards to control the allowable post-development storm water release rate when land use changes from open or agricultural to a use that may result in increased imperviousness. This chapter shall apply in geographic scope to all territory of the county not located within the City of Kokomo, the Town of Russiaville, or the Town of Greentown ("county area").

(BCC Ord. 2001-38, passed 7-16-01)

154.03  POLICY STATEMENT.

It shall be the policy of the county and the County Drainage Board ("Drainage Board") that the storage and controlled release of storm water runoff shall be required for any new development, redevelopment and new construction located within county area not exempt under this chapter.  No improvement location permit shall be issued by the County Plan Commission for the construction or the extension of any proposed or existing building in the county area until the required drainage plans have been approved in writing by the Drainage Board.

(BCC Ord. 2001-38, passed 7-16-01)

154.04  ALLOWABLE STORM WATER RELEASE RATE.

     The developer shall submit to the County Surveyor detailed computations of runoff before and after development, redevelopment or new construction which demonstrate that runoff will not be increased to the extent that the peak runoff after development, redevelopment or new construction for the 100-year return period storm of critical duration does not exceed the runoff before development, redevelopment or new construction for the 100-year return period storm.  The critical duration storm is that storm duration which requires the greatest storm water storage.

(BCC Ord. 2001-38, passed 7-16-01)

154.05  SUBMITTALS.

     (A)   The preparation of and the submittal of calculations, specifications, and drawings detailing the provisions for the design and construction of drainage, storage, and controlled release facilities shall be in accordance with such standards, specifications and application forms that the County Surveyor may compile or develop and thereafter promulgate through the Drainage Board.

      (B)  A bond, certified check, or letter of credit to ensure receipt of as‑built documents, as defined in

154.09, shall be provided before the improvement location permit is issued by the County Plan Commission.  The bond, certified check, or letter of credit shall remain in effect until the submission and release of the as‑built documents.

(BCC Ord. 2001-38, passed 7-16-01)

154.06  EXEMPTIONS.

These exemptions are subject to the provision that the project is not located within a designated impact drainage area as established per 154.08 herein:

(A)   Pre‑existing approval.  Any lot intended for a single family or duplex dwelling which has Plan Commission approval prior to the establishment of this  chapter is exempted from the requirements contained herein.  Any change in use will require evaluation by the Drainage Board under this chapter.

     (B)  One‑lot subdivisions.  All one‑lot subdivisions must be submitted for Drainage Board approval, however, those intended for a single family or duplex dwelling may be exempted from submitting drainage calculations, upon the determination of the Surveyors Office.  To qualify for this exemption, the Surveyors Office must determine that the proposed use would not significantly affect runoff (does not result in an increase in the level of site imperviousness).

     (C)  Lot of record.  Any lot of record intended for a single family dwelling that is currently exempt from the Subdivision Control Ordinance is also exempt from requiring Drainage Board approval through this chapter.  Any change in use will require evaluation by the Drainage Board under this chapter.

(BCC Ord. 2001-38, passed 7-16-01)

Cross-reference:

Subdivision Control Regulations, see Chapter 152

154.07  STORM WATER STORAGE LOCATION LIMITATIONS.

     All storm water storage facilities shall be constructed within a dedicated storm water storage easement, which meets the following standards:

     (A)   The boundary of the maximum water surface elevation of any storm water storage facility resulting from a post‑development 100‑year return period storm shall define the minimum dedicated storm water storage easement.  Such storm water storage easement shall be bounded by not less than a 25 feet horizontal width combined utility/drainage easement to separate the storm water storage facility from any building or structure.  A variance for locating any utility, building, or structure within the said boundary or any building or structure within the said separation area may be granted for good cause as determined by the Drainage Board, such as allowances for underground storm water storage or for installation of community amenities.

     (B)  The maximum water surface elevation of any storm water storage facility resulting from a post‑development 100‑year return period storm shall be at least two feet lower than the lowest ground floor or lowest unprotected basement opening of any building located on any property which uses the storm water storage facility as a drainage outlet.

     (C)  Storm water storage facilities that rely on man‑made berms of any kind to store storm water shall be provided with an automatic non‑mechanical emergency by‑pass drainage device (overflow weir, etc.) capable of passing the flow resulting from a post‑development 100-year return period storm without causing failure of the man‑made berms or ponding greater than two feet above the maximum water surface elevation resulting from a post-development 100-year return period storm.

     (D)  Only the dedicated storm water storage easements may be used for storm water storage facilities.  Any portion of a residential lot, combined utility/drainage easements, utility easements, and traffic rights‑of‑way do not qualify for use as storm water storage facilities.

(BCC Ord. 2001-38, passed 7-16-01)

154.08  IMPACT DRAINAGE AREAS.

    The Drainage Board is authorized, but is not required, to classify certain geographical areas as impact drainage areas and to enact and promulgate regulations, which are generally applied.  In determining impact drainage areas, the Drainage Board shall consider such factors as topography, soil type, capacity of existing regulated drains, and distance from adequate drainage facilities.  In addition to specific impact drainage areas classified by the Drainage Board, the following areas are hereby designated as impact drainage areas, unless good reason for not including them is presented to the Drainage Board:

     (A)   A floodway or floodway fringe or floodplain boundary as designated by the Indiana Department of Natural Resources.

     (B)  A flood boundary area or floodway as designated by the Federal Emergency Management Agency National Flood Insurance Program.

     (C)  Land within 75 feet of each bank of any open channel regulated drain.

     (D)  Land within 75 feet of the centerline of any regulated drain tile.

(BCC Ord. 2001-38, passed 7-16-01)

  154.09  AS‑BUILT DRAWINGS.

     After completion of the project and before final approval and acceptance can be made, as‑built documents being plans and calculations of the as‑built conditions shall be prepared and certified by either a land surveyor or a professional engineer licensed in the state and shall then be submitted to the County Surveyor for review.  To insure receipt of as-built documents, a bond, certified check, or letter of credit shall be posted with the Board of Commissioners, in an amount determined by the Board of Commissioners, before the improvement location permit is issued.  If notice of non‑compliance is not given within 30 calendar days from the date of submission of as‑built documents, the plans shall be construed as approved.  Upon such final approval and acceptance, the bond, certified check, or letter of credit will be released at the subsequent meeting of the Drainage Board.  The preparation of and the submittal of as‑built documents shall be in accordance with such standards and specifications that the County Surveyor may compile or develop and thereafter promulgate through the Drainage Board.

(BCC Ord. 2001-38, passed 7-16-01)

154.10  MAINTENANCE OF APPROVED DRAINAGE PATTERNS.

     (A)   It shall be the responsibility of the land owner to maintain the drainage system, as provided for by approved construction plans and/or by natural drainage patterns.    

(B)  Facility maintenance responsibility of storm water storage facilities during construction and thereafter shall be that of the land developer or property owner.  Assignment of such maintenance responsibility for facilities serving more than one lot or holding shall be documented by appropriate covenants and easements to property deeds, unless such maintenance responsibility is formally accepted by a public body.  Maintenance responsibility shall be determined before final approval and acceptance by the Drainage Board can be made.

(BCC Ord. 2001-38, passed 7-16-01)

154.11  DISCLAIMER.

    The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based upon historical records, engineering and scientific methods of study.  Larger storms may occur or storm water runoff depths may be increased by man‑made or natural causes.  This chapter does not imply that land uses permitted will be free from storm water damage.  This chapter shall not create liability on the part of the county, the Board, or the Drainage Board or any officer or employee thereof for any damage, which may result from reliance on this chapter or on any administrative decision lawfully made thereunder.

(BCC Ord. 2001-38, passed 7-16-01)

154.12  CORRECTIVE ACTION.

Nothing herein contained shall prevent the Drainage Board from taking such other lawful action as may be necessary to prevent or remedy any violation.  All costs connected therewith shall accrue to the person or persons responsible.

(BCC Ord. 2001-38, passed 7-16-01)


 

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