ORDINANCE   2012-1  

AN ORDINANCE AMENDING ORDINANCE NO. 2008-04 ESTABLISHING A REGULATORY MECHANISM FOR REGULATING STORMWATER QUALITY MANAGEMENT

WHEREAS, the Town of Leo-Cedarville, Indiana (“Town”) has adopted as a part of the Code of Ordinances of the Town of Leo-Cedarville, Indiana, Allen County Code Title 19, Articles 1, 2, and 3, together with any amendments thereto, as the Stormwater Management Ordinance for the Town; and

WHEREAS, the Town Council has determined that the Storm-water Management Ordinance, as codified in Allen County Code Title 19, does not adequately protect the safety and welfare of the citizens of the Town in that the Ordinance allows for the discharge of foundation drains and storm water drains into the subsurface of the pavement of the streets and roads which causes pre-mature erosion and deterioration of the Town roads, and because it allows drains to discharge directly onto the streets and roads and other rights of way causing the accumulation of water and ice on the rights of way of the Town; and

WHEREAS, the Town Council has adopted a Subdivision Control Ordinance which requires subdividers to install subsurface drains below the curbs along both sides of every street, and makes it illegal for sump pumps, down spouts, or foundation drains to outlet directly onto any street or right of way (Leo-Cedarville Subdivision Control Ordinance, Article Six, at 6.2(B) and (C); and

WHEREAS, the Town Council finds, numerous homes built prior to the adoption of the Subdivision Control Ordinance, or built independently of a subdivided plat currently do discharge sump pumps, down spouts, or foundation drains directly onto streets or right of way which leads to premature deterioration of the roads and leads to frozen water on the roads during the winter causing public hazards within the rights of way; and

WHEREAS, the Town Council, upon the advice and recommendation of the Leo-Cedarville Stormwater Board hereby wishes to address this problem and extend the prohibitions contained with the Subdivision Control Ordinance to all residents within the Town.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, INDIANA;

Section 1.       It shall be illegal for any sump pumps, down spouts, or foundation drains, or other surface water drainage system [hereinafter “Drains”] to outlet directly onto any paved street, road, sidewalk, alley, or walk way (hereinafter “improved right-of-way”) within the Town of Leo-Cedarville, or to be connected with the sanitary sewer system. Such Drains shall either (1) be connected to an available subsurface drainage system (but not the street sub-base drain) as approved by the Town Stormwater Drainage Board, or (2) if a subsurface drainage system is not available, such Drain shall be set back a sufficient distance so that the discharge of water from the Drain shall not cause a hazardous condition on the improved right of way.

Section 2.       The term “hazardous condition” as used in this ordinance shall mean any condition that creates a substantial increased risk of personal injury or property damage or which substantially threatens the physical integrity of the improved right-of-way or causes premature erosion or deterioration of the improved right-of-way. It shall be the jurisdiction of the Leo-Cedarville Stormwater Board to determine the existence of hazardous conditions on or to improved rights of way, and the determination of the Stormwater Board shall be controlling.

Section 3.       It shall be the responsibility of the owner and resident of the property on which a Drain is located to insure that the water from the Drain is not discharging directly onto a sidewalk, walkway, road, street or other improved right of way and to insure that such Drain, is not causing a hazardous condition on an improved right of way. If a Drain is causing a hazardous condition on an improved right of way, then the owner shall be responsible for taking steps necessary to set back the point of discharge or otherwise redirect the discharge from the Drain as directed by the Stormwater Board in order to remove the hazardous condition.

Section 4.       Any person, firm or corporation who violates this ordinance shall be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues

Section 5.       All parts of previous ordinances in conflict herewith are repealed to the extent of said conflict.

Section 6.       Except as it conflicts with this ordinance, Ordinance No. 2008-04 shall remain in effect and Allen County Code Title 19, Articles 1, 2, and 3, together with any amendments thereto, shall remain as the Storm-water Management Ordinance for the Town.

Section 7.       This Ordinance shall be in full force and effect upon its execution by the Town Council President as attested by the Clerk-Treasurer and upon its publication as required by law.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   14th   day of   February  , 2012.

  John Clendenen        
John Clendenen
Council President

  Tim Richards             
Tim Richards
Council Member

  Kevin Veatch             
Kevin Veatch
Council Member

  Paul Steffens            
Paul Steffens
Council Member

  Ted Garton               
Ted Garton
Council Member

Attestation of Clerk-Treasurer

I,   John Eastes   , the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  February 14, 2012   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   February 14, 2012  .

John Eastes      
John Eastes
Clerk-Treasurer