DIVISION 2. STORM DRAINAGE CONTROL REGULATIONS
Sec. 21A-75. General provisions.
(1) The ordinance codified in this division is adopted in accordance with statutory authority granted to the St. John Town Council under "Home Rule" as well as the "Indiana Drainage Code," and further is required by IC 36-9-28.5, 36-9-27-69.5, Phase II of the National Pollution 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), all as amended from time to time.
(2) This division shall regulate all development and redevelopment occurring within the Town of St. John, Lake County, Indiana. No building permit shall be issued and no land disturbance started for any construction in a development until a stormwater permit is issued by the Department of Planning and Building. Exempt from this division shall be agriculture, mining and timber harvesting activities.
(3) This division amends and supplements the provisions of the Subdivision Control Ordinance No. 1252 (this chapter 21A). Because topography and the availability or adequacy of outlets for storm runoff vary with almost every site, the requirements for the stormwater management tend to be an individual matter for any project. It is recommended that each proposed project be discussed with the Department of Planning and Building at the earliest practical time in the planning stage.
(4) The regulations set forth herein are made in order to promote the public health, safety, comfort, morals, convenience and general public welfare. The regulations are made in order that the environment may be protected and that properly planned development may be promoted. Further, the regulations prohibit illicit discharges and regulate the contribution of pollutants to the stormwater drainage system and public waters from construction sites, new development and redevelopment projects. Finally, the regulations establish legal authority for the Town of St. John and its designee(s) to inspect, monitor and enforce compliance with this division.
(b) Title. This division shall be known and may be cited as "the storm drainage control regulations ordinance of the Town of St. John, Lake County, Indiana."
(c) Conflicting Ordinances. The provisions of this storm drainage control regulations ordinance, as amended from time to time, shall be deemed as additional requirements to minimum standards required by other ordinances of the Town. In the case of conflicting requirements, the most restrictive shall apply.
(d) Compliance With Other Ordinances. In addition to the requirements of this storm drainage control regulations ordinance, as amended from time to time, compliance with the requirements set forth in other applicable ordinances with respect to submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, construction inspections, appeals, and similar matters, and compliance with all applicable local, state and federal regulations shall be required.
(e) Interpretation. In their interpretation and application, the provisions of this storm drainage control regulations ordinance, as amended from time to time, shall be held to be the minimum requirements for the promotion of the health, safety, morals, comfort, prosperity, or general welfare and general well-being of the residents of the Town of St. John.
Where the conditions imposed by any provision of this storm drainage control regulations ordinance, as amended from time to time, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this division or of any other law, ordinance, resolution, rule or regulation, of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.
The provisions in this storm drainage control regulations ordinance, as amended from time to time, are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this division.
(f) Scope of Regulations. All buildings or structures erected hereafter, all uses of land, buildings, or structures established hereafter, all structural alterations, enlargement, or relocation of existing buildings, or structures occurring hereafter shall be subject to all regulations of this storm drainage control regulations ordinance, as amended from time to time.