Valparaiso City Zoning Code

Ord. # 18, 2024, 08/12/2024

(Ord. # 18, 2024, 08/12/2024)

(Ord. # 18, 2024, 08/12/2024)

1. A.
   Authority. This Article of the UDO is adopted in accordance with statutory authority granted to the City under its “Home Rule” authority, and further is required by Phase II of the National Pollution Discharge Elimination System (NPDES) Stormwater program (40 CFR Parts 9, 122, 123, and 124; December 8, 1999) authorized by the 1987 amendments to the Clean Water Act; the Indiana Department of Environment Management's (IDEM) Municipal Separate Storm Sewer System (MS4) General Permit (MS4GP); and the Indiana Department of Environmental Management’s Construction Stormwater General Permit (CSGP).  Based on this authority and these requirements, this Article regulates:

   1. 1.
      Discharges of prohibited non-stormwater flows into the stormwater drainage system;
   2. 2.
      Stormwater drainage improvements related to development of lands located within the City;
   3. 3.
      Drainage control systems installed during new construction and grading of lots and other parcels of land;
   4. 4.
      Stormwater, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity;
   5. 5.

      Stormwater discharges from construction support activities directly related to construction sites subject to this ordinance;

   6. 6.
      Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land;
   7. 7.
      The design, construction, and maintenance of stormwater drainage facilities and systems; and
   8. 8.
      The design, construction, and maintenance of stormwater quality facilities and systems.
2. B.
   Title. This Article shall be known and may be cited as the City of Valparaiso Stormwater Management Ordinance.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Applicability. This Article shall regulate all development and redevelopment occurring within the City of Valparaiso. No Site Permit shall be issued and no land disturbance started for any construction in a development, as defined in Article 18, Definitions, until the plans required by this Ordinance for such construction have been accepted by the City Engineer.
2. B.
   Exemption. With the exception of the requirements of Division 7.200 Prohibited Discharges and Connections, and Sec. 7.604 Review of Individual Lot, of this Ordinance, land-disturbing activities affecting less than 3,000 square feet of area shall be exempt from the requirements of this Ordinance, though a Site Permit may still be required as stated in Sec. 15.202 C. Site Permit.

   Also exempt from this Ordinance shall be agricultural land-disturbing activities.

   Any construction project which has had its final drainage plan accepted by the City Engineer within a 2-year period prior to the effective date of this Ordinance shall be exempt from all requirements of this Ordinance, with the exception of the requirements of Division 7.400, Stormwater Pollution Prevention for Construction Sites, and applicable sections of Division 7.600, Permit Requirements and Procedures, that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in Division 7.200, Prohibited Discharges and Connections.

3. C.
   Required Compliance. In addition to the requirements of this Ordinance and its companion Stormwater Technical Standards Manual, compliance with all applicable ordinances of the City of Valparaiso as well as with applicable Federal, State of Indiana, and other Local statutes and regulations shall also be required.  Unless otherwise stated, all other specifications referred to in this Ordinance shall be the most recent edition available. City of Valparaiso capital improvement projects shall be exempt from obtaining a permit, but are expected to meet all applicable technical requirements of this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual. If the project site is located within a Porter County Regulated Drain Watershed, the applicant will need to check with the Porter County Surveyor’s Office to learn if additional Surveyor’s Office requirements specific to that regulated drain would apply to the site.
4. D.
   Conflicting Requirements. In case there are conflicts between the requirements contained in this Ordinance and applicable requirements contained in other regulatory documents referenced above, the most restrictive shall prevail.
5. E.
   Authority and Determination of Applicability. The City of Valparaiso has the authority to modify, grant exemptions, and/or waive any and all the requirements of this Ordinance and its associated technical standards document. A pre-submittal meeting with the City Engineer may be requested by the applicant to discuss the applicability of various provisions of the Ordinance and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of the City Engineer that may be based on the review of more detailed information and plans.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

On December 8, 1999, Phase II of the National Pollutant Discharge Elimination System (NPDES) stormwater permit program, was published in the Federal Register.  The NPDES program, as authorized by the 1972 amendments to the Clean Water Act, controls water pollution by regulating point sources that discharge pollutants into waters of the United States.  Phase II of NPDES stormwater program requires permit coverage for stormwater discharges from regulated small Municipal Separate Storm Sewer Systems (MS4s) and for small construction activity that results in the disturbance of one acre or more.  This Federal regulation went into effect March 10, 2003.  In response to Phase II of NPDES, the Indiana Department of Environmental Management (IDEM) enacted Rule 13 (327 IAC 15-13) to meet the Federal guidelines set for MS4s, and revised Rule 5 (327 IAC 15-5) to cover all construction sites one acre or more. Under State and Federal regulations, the City is required to establish a regulatory mechanism for regulating stormwater quality management. In December 2021, IDEM replaced 327 IAC 15-5 (Rule 5) with an updated Construction Stormwater General Permit (CSGP) and 327 IAC 15-13 (Rule 13) with an updated MS4 General Permit (MS4GP).

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The City of Valparaiso finds that:

1. A.
   Flooding. Water bodies, roadways, structures, and other property within, and downstream of the City are at times subjected to flooding;
2. B.
   Flooding Danger. Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the region;
3. C.
   Development Impact. Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;
4. D.
   Erosion Impact. Soil erosion resulting from land-disturbing activities causes a significant amount of sediment and other pollutants to be transported off-site and deposited in ditches, streams, wetlands, lakes, and reservoirs;
5. E.
   Adverse Affects. Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from future development projects within the City will, absent reasonable regulation and control, adversely affect the City's water bodies and water resources;
6. F.
   Pollutant Impact. Pollutant contributions from illicit discharges within the City will, absent reasonable regulation, monitoring, and enforcement, adversely affect the City's water bodies and water resources;
7. G.
   Control Measures. Stormwater runoff, soil erosion, non-point source pollution, and illicit sources of pollution can be controlled and minimized by the regulation of stormwater management;
8. H.
   Affect of this Article. Adopting the standards, criteria, and procedures contained and referenced in this Article and implementing the same will address many of the deleterious effects of stormwater runoff and illicit discharges; and
9. I.
   Necessity. Adopting this Article is necessary for:

   1. 1.
      The preservation of the public health, safety, and welfare;
   2. 2.
      The conservation of our natural resources; and
   3. 3.
      Compliance with State and Federal regulations.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Purpose. The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of the City of Valparaiso through the regulation of stormwater and non-stormwater discharges to the storm drainage system and to protect, conserve, and promote the coordinated development of land and water resources within the City of Valparaiso.  This Article establishes methods for managing the quantity and quality of stormwater entering into the stormwater drainage system in order to comply with State and Federal requirements. 
2. B.
   Objectives. The objectives of this Article are to:

   1. 1.
      Reduce the hazard to public health and safety caused by excessive stormwater runoff;
   2. 2.
      Regulate the contribution of pollutants to the stormwater drainage system due to construction site runoff;
   3. 3.
      Regulate the contribution of pollutants to the stormwater drainage system and public waters from runoff from new development and redevelopment;
   4. 4.
      Prohibit illicit discharges into the stormwater drainage system; and
   5. 5.
      Establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this Article.

(Ordinance No. 15, 2015)

Effective on: 6/23/2015

Refer to Article 18, Definitions for abbreviations and definitions.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The City Engineer shall administer, implement, and enforce the provisions of this Article through the Engineering Department, Board of Public Works and Safety, Valparaiso City Utilities Board, and Plan Commission, as set out in Sec. 14.803, City Engineer, as well as Article 17, Enforcement, Interpretation, and Repealer. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the City of Valparaiso to qualified persons or entities acting in the beneficial interest of or in the employ of the City of Valparaiso.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The provisions of this Article shall be deemed as additional requirements to the minimum standards required by other City ordinances, and as supplemental requirements to Indiana’s CSGP and MS4GP regarding Stormwater Discharge Associated with construction sites, and Municipal Separate Storm Sewer System (MS4) conveyances.  In case of conflicting requirements, the most restrictive shall apply.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The provisions of this Article are hereby declared severable, as set out in Sec. 17.301, Severability.

(Ordinance No. 15, 2015)

Effective on: 6/23/2015

The degree of protection required by this Article is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study.  Larger storms may occur or stormwater runoff amounts and/or stormwater quality may be altered by man-made or natural causes.  This Article does not imply that land uses permitted will be free from stormwater damage.  This Article shall not create liability on the part of the City Council, Valparaiso City Utilities Board, Plan Commission, City Engineer, or any officer, representative, or employee thereof, for any damage which may result from reliance on this Article or on any administrative decision lawfully made in accordance with this Article.

The words “approve” and “accept”, and their common derivations as used in this Ordinance in relation to plans, reports, calculations, and permits shall mean that City Engineer has reviewed the material produced and submitted by the applicant or his/her agents for general compliance with this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and that such compliance would qualify the applicant to receive a stormwater management approval or permit. Such an “approval” or “acceptance” is based on the assumption that the project engineer has followed all appropriate engineering methods in the design. Any stormwater quantity (drainage) or water quality problems associated with the project caused by poor construction by the contractor and/or poor engineering design or judgment, either on-site or off-site, are the responsibility of the developer and the project engineer.

Consideration, design, construction, and maintenance of safety measures for proposed or existing stormwater facilities shall be the responsibility of the developer, applicant, and/or the property owner. City of Valparaiso and its officials and representatives shall not be responsible for maintenance nor liability for any accidents.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Applicability. This Division shall apply to all discharges, including illegal dumping, entering the stormwater drainage system under the control of the City of Valparaiso, 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 stormwater drainage system, illegal dumping, and contaminated runoff.
2. B.
   Exemptions. Stormwater runoff from agricultural, timber harvesting, and mining activities is exempted from the requirements of this Division unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption. Any non-stormwater discharge permitted under an NPDES permit, waiver (unless the waiver is solely based on point source considerations, still allowing non-point source discharge of a pollutant), or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or waste discharge order and other applicable laws and regulations, and provided that written approval has been granted for the subject discharge to the stormwater drainage system, is also exempted from this Division.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

No person shall discharge to a MS4 conveyance, watercourse, or waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater, through the use of best management practices (BMPs). The City Engineer is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs necessary to prevent or reduce the discharge of pollutants into the City of Valparaiso’s stormwater drainage system.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Notwithstanding other requirements in this Ordinance, the following categories of non-stormwater discharges or flows are exempted from the requirements of this Division:

1. 1.
   Water line and hydrant flushing for maintenance;
2. 2.
   Irrigation water;
3. 3.
   Uncontaminated footing, foundation, and crawl space drains;
4. 4.
   Uncontaminated excess storm sewer cleaning water not collected by a vacuum truck;
5. 5.
   Water from fire suppression activities;
6. 6.
   Uncontaminated pumped ground water;
7. 7.
   Springs;
8. 8.
   Residential car washing;
9. 9.
   Non-commercial car washing by community organizations;
10. 10.
    External building washdown water without detergents;
11. 11.
    Dechlorinated swimming pool discharges;
12. 12.
    Uncontaminated groundwater infiltration;
13. 13.
    Pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used;
14. 14.
    Uncontaminated condensate from air conditioning units, coolers, and other compressors, and from outside storage of refrigerated gases or liquids

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse located within their property boundaries, free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. 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.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Any discharger who accidentally discharges into a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the City Engineer concerning the discharge. A written report concerning the discharge shall be filed with the City of Valparaiso and IDEM, by the dischargers, within five (5) days. The written report shall specify:

1. 1.
   The composition of the discharge and the cause thereof;
2. 2.
   The date, time, and estimated volume of the discharge;
3. 3.
   All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;
4. 4.
   The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.

A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this Ordinance against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this Division. This requirement does not relieve discharger from notifying other entities as required by State or Federal regulations.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Stormwater Drainage System. The City of Valparaiso, through Engineering Department and Valparaiso City Utilities, has the authority to periodically inspect the portion of the stormwater drainage system under the City of Valparaiso’s control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the stormwater drainage system. It could also include spot testing of waters contained in the stormwater drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
2. B.
   Potential Polluters. If, as a result of the stormwater drainage system inspection, a discharger is suspected of an illicit discharge, the properly identified representatives of the City of Valparaiso may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this Ordinance. Upon request, the discharger shall allow the City of Valparaiso's representatives to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City of Valparaiso’s representatives may place on the discharger's property the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in Article 17, Enforcement, Interpretation, and Repealer.
3. C.
   New Development and Re-Development. Following the final completion of construction and the receipt of as-built drawings by the City of Valparaiso, the City of Valparaiso’s properly identified representatives have the authority to inspect new development and re-development sites to verify that all on-site stormwater conveyances and connections to the stormwater drainage system are in compliance with this Division.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The storage and controlled release of excess stormwater runoff shall be required for all new business, institutional developments, commercial, and industrial developments; residential subdivisions; planned development; rural estate subdivisions; and any redevelopment or other new construction located within the City as set out in Division 2.200, Uses by District.  The City Engineer, after thorough investigation and evaluation, may waive or reduce the requirement of controlled runoff for developments. Additional exemptions regarding the detention requirements are set out in Sec. 7.302, Policy on Stormwater Quantity Management, below.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Detention Policy.  It is recognized that most streams and drainage channels serving the City do not have sufficient capacity to receive and convey stormwater runoff resulting from continued urbanization.  Accordingly, the storage and controlled release of excess stormwater runoff as well as compensation for loss of floodplain storage shall be required for all developments and redevelopments located within the City.
2. B.
   Release Rate. Release rate requirements, downstream restriction considerations, acceptable outlet, adjoining property impact considerations, and compensatory floodplain storage rates are detailed in the City of Valparaiso Stormwater Technical Standards.
3. C.
   Direct Release. Due to unknowns regarding the future development patterns and the associated proposed stormwater quantity management systems within a watershed, it is the policy of the City of Valparaiso to discourage direct release of runoff from a new development or redevelopment without providing detention. However, in rare circumstances, where a comprehensive watershed-wide hydrologic study or watershed plan of a major stream (not a “beat the peak” analysis) adopted by the City of Valparaiso substantiates the benefits of (or allows for) direct release for a proposed development located adjacent to a major stream, the detention requirements set in this Ordinance may be waived. Other special circumstances when such a waiver may be considered by the City of Valparaiso include situations where the design of a regional pond has already taken into account the provision of direct release in certain areas in the watershed.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

The calculation methods, as well as the type, sizing, and placement of all stormwater facilities shall meet the design criteria, standards, and specifications outlined in the City's Stormwater Technical Standards Manual.  The methods and procedures in the Stormwater Technical Standards Manual are consistent with the policy stated in Sec. 7.302, Policy on Stormwater Quantity Management, above.

(Ordinance No. 15, 2015)

Effective on: 6/23/2015

1. A.
   Easement requirements. Easement requirements along stormwater conveyance systems are contained in the City of Valparaiso Stormwater Technical Standards Manual.
2. B.
   Maintenance Responsibility. All stormwater systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way relative to the conveyance of stormwater runoff and the perpetual maintenance thereof shall be the responsibility of the owner or homeowner association.
3. C.
   Easement Policy. There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement, unless otherwise accepted by the City Engineer.
4. D.
   Porter County Regulated Drainage Easement. Any outlet to, crossing, and/or encroachment of a Porter County Regulated Drainage Easement requires application and acceptance from the Porter County Drainage Board in accordance with the Indiana Drainage Code.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

No utility company may disturb existing storm management facilities without the consent of the City Engineer. All existing drainage facilities shall have senior rights and damage to said facilities shall result in penalties as set out in Article 17, Enforcement, Interpretation, and Repealer.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

For regulated drains not located in platted subdivisions, unless otherwise accepted by the Porter County Drainage Board, no permanent structure (including fences) shall be constructed within 75 feet measured at right angles from the:

1. A.
   Existing top edge of each bank of a regulated open drain, as determined by the Porter County Drainage Board; or
2. B.
   Centerline of a piped regulated drain.  The Indiana Drainage Code may be consulted for further detail.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Authority to Inspect. After the approval of the Site Permit by the City Engineer and the commencement of construction activities, representatives from Valparaiso City Utilities and the City Engineer have the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this Division, the Stormwater Technical Standards Manual, Design and Construction Standards, and the terms and conditions of the approved permit. The City Engineer and the Valparaiso City Utilities also have the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quantity facilities. The inspection will cover physical conditions, available storage capacity, and the operational condition of key facility elements.
2. B.
   Maintenance Responsibility. Stormwater quantity facilities shall be maintained in good condition, in accordance with the designed and approved performance specifications for the facilities, in addition to any prescribed Operation & Maintenance procedures, and shall not be subsequently altered, revised or replaced except as approved by the City Engineer. If deficiencies are found during the inspection, the owner of the facility will be notified by the City Engineer 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 City of Valparaiso will undertake the work and collect from the owner using lien rights if necessary.

   Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Applicability. This Division applies to the land disturbing activities set out below. Projects meeting the coverage requirements of IDEM's CSGP shall also be in compliance with the requirements contained in that permit. Guidelines for calculating land disturbance are set out in Sec. 7.403, Calculations and Design Standards and Specifications.

   1. 1.
      Any project located within the corporate boundaries of the City that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of or impact of one (1) acre or more of total land area, without regard to minimum lot size in the applicable zoning district, which includes both new development and redevelopment;
   2. 2.
      Disturbances of less than one (1) acre of land that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more of land, without regard to the minimum lot size in the applicable zoning district, within the City; and
   3. 3.
      Land disturbing activities that involve land disturbance or impact of less than one (1) acre but equal to or greater than 3,000 square feet, without regard to minimum lot size in the applicable zoning district, and/or any disturbing activities with sites immediately adjacent to a storm sewer inlet, ditch, stream, wetland, or other watercourse, and any sites which are located on ground with a slope of six percent or greater.
2. B.
   Exemptions. The requirements under this Article do not apply to:

   1. 1.
      Land disturbing activities specifically exempted in writing by the Board of Public Works and Safety, or its authorized representative, because of conditions unique to the parcel proposed for development or lot that make the use of soil erosion and sediment controls unnecessary.
   2. 2.
      The following activities:

      1. a.
         Agricultural land disturbing activities; and
      2. b.
         Forest harvesting activities.
   3. 3.
      The following activities, provided other applicable State permits contain provisions requiring immediate implementation of soil erosion control measures:

      1. a.
         Landfills that have been issued a certification of closure under 329 IAC 10;
      2. b.
         Coal mining activities permitted under IC 14-34; and
      3. c.
         Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling.
2. B.
   Principles.

   For a development or a project where land disturbance is expected to be one (1) acre or more, the developer or project owner must complete a Notice of Intent (NOI) letter, apply for a site permit from the City of Valparaiso, and submit to the City, a sufficient Stormwater Pollution Prevention Plan (SWPPP) which includes erosion and sediment control measures, materials handling procedures and construction sequencing, as part of a project’s construction plans and specifications, in accordance with Division 7.600, Permit Requirements and Procedures.

   An individual lot located within a larger permitted project site, regardless of the size of the lot, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the site permit approved for the larger project site. The site permit application for the larger project site must include detailed erosion and sediment control measures for individual lots. In addition, the builders of these individual lots are required to submit individual lot permit application along with an Erosion and Sediment Control Plan for that individual lot prior to receiving a site permit. Details of the permitting process for individual lots and parcels are contained in Division 7.600, Permit Requirements and Procedures, and additional requirements for individual lots may be found in the City of Valparaiso Stormwater Technical Standards Manual.

   For an individual lot or a project where land disturbance is 3,000 square feet or more but less than one (1) acre, and is not located within a larger permitted project site, an individual lot or project site plan including appropriate erosion and sediment control measures that are consistent with the City of Valparaiso Technical Standards is required prior to receiving a site permit.

   The required IDEM general and implementation requirements that apply to all land-disturbing activities are contained in the City of Valparaiso Stormwater Technical Standards Manual.

3. C.
   Site Owner / Permit Holder Responsibilities.

   It will be the responsibility of the project site owner to complete a site permit application and ensure that a sufficient construction plan is completed and submitted to the City Engineer in accordance with Division 7.600, Permit Requirements and Procedures. It will be the responsibility of the project site owner to ensure compliance with this Ordinance during the construction activity and implementation of the construction plan, and to notify the City Engineer upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the City Engineer. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this Division and this Ordinance.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Determining Total Area of Land Disturbance. In calculating the total area of land disturbance, for the purposes of determining applicability of this Article to the project, the following guidelines shall be used:

   1. 1.
      Off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a land disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
   2. 2.
      To determine if multi-lot project sites are regulated by Sec. 7.402, Policy on Stormwater Pollution Prevention, of this rule, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:

      1. a.
         For a single-family residential project site where the lots are one-half acre or more, without regard to the minimum lot size of the applicable zoning district, one-half acre of land disturbance must be used as the expected lot disturbance.
      2. b.
         For a single-family residential project site where the lots are less than one half acre in size, the total lot must be calculated as being disturbed.
      3. c.
         To calculate lot disturbance on all other types of project sites, such as industrial and commercial project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.
2. B.
   Design Standards and Specifications. The calculation methods, as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards, and specifications set out in the “Indiana Stormwater Quality Manual”, the City's Stormwater Technical Standards Manual, and the product guidance/specifications of the manufacturer. The methods and procedures included in these references are in keeping with the above stated policy and meet the requirements of IDEM’s CSGP.

   The design requirements that would apply to all land-disturbing activities and shall be considered in the selection, design, and implementation of all stormwater quality and management measures contained in the SWPPP are contained in the City of Valparaiso Stormwater Technical Standards Manual.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Authority to Inspect. Following approval of the development plans and issuance of the site permit, and commencement of construction activities, representatives of the City Engineer and Valparaiso City Utilities have the authority to conduct inspections of the site to ensure full compliance with the provisions of this Article, the approved development plan, and the terms and conditions of the approved permit.
2. B.
   Monitoring. For the projects meeting the coverage requirements of IDEM's CSGP, the following requirements in this Division also apply. A self-monitoring program must be implemented by the project site owner and/or permit holder to ensure the Stormwater Pollution Prevention Plan is working effectively. A trained individual, acceptable to the City Engineer, shall monitor and manage project construction and stormwater activities, and complete the self-monitoring reports. Details regarding the required monitoring activities are contained int he City of Valparaiso Stormwater Technical Standards Manual. 
3. C.
   Adequacy. The Stormwater Pollution Prevention Plan shall serve as a guideline for stormwater quality, but shall not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this Division, all measures necessary to adequately prevent polluted stormwater runoff. Recommendations by the trained individual and/or the representative of the City Engineer and Valparaiso City Utilities throughout the course of construction for modified stormwater quality measures shall be implemented.
4. D.
   Project Management Log. A project management log must be maintained at the project site or in the possession of on-site individuals associated with the management and operations of the construction activities. Details regarding requirements related to the project management log are contained in the City of Valparaiso Stormwater Technical Standards Manual.
5. E.
   Right to Request Records. All evaluation reports must be made available to the City Engineer, in an organized fashion, within forty-eight (48) hours upon request. The Stormwater Pollution Prevention Plan and the project management log must be retained for at least three (3) years from the date the project permit is terminated.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. In addition to the requirements of Division 7.400, Stormwater Pollution Prevention for Construction Sites, the Stormwater Pollution Prevention Plan, which is to be submitted to the City Engineer as part of the site permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site.
2. B.
   Applicability. Any project located within the corporate boundaries of the City that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of or impact on one acre or more of total land area, is subject to the requirements of this Article, which includes both new development and redevelopment, and disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, within the City. In addition, regardless of the amount of disturbance, the City Engineer reserves the right to require pre-treatment BMPs for proposed hot spot developments in accordance with provisions contained in the City of Valparaiso Stormwater Technical Standards Manual.
3. C.
   Exemptions. The requirements of this Article do not apply to the following activities:

   1. 1.
      Agricultural land disturbing activities;
   2. 2.
      Forest harvesting activities;
   3. 3.
      Construction activities associated with a single family residential dwelling disturbing less than one (1) acre, when the dwelling is not part of a larger common plan of development or sale;
   4. 4.
      Individual building lots within a larger permitted project.
   5. 5.
      Provided other applicable State permits contain provisions requiring immediate implementation of soil erosion control measures, the following activities do not apply:

      1. a.
         Landfills that have been issued a certification of closure under 329 IAC 10;
      2. b.
         Coal mining activities permitted under IC 14-34; and
      3. c.
         Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
4. D.
   Site Owner / Permit Holder Responsibilities. It will be the responsibility of the project site owner to complete a site permit application and ensure that a sufficient construction plan is completed and submitted to the City Engineer in accordance with Division 7.600, Permit Requirements and Procedures. It will be the responsibility of the project site owner and/or permit holder to ensure proper construction and installation of all stormwater Best Management Practices (especially, the protection of post-construction stormwater BMPs during construction phase) in compliance with this Article and with the approved site permit, and to notify the City Engineer upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality management facilities meeting the applicability requirements must comply with the requirements of this Article and this UDO.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and redevelopment continues in the City, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. The City has established a minimum standard that the measurement of the effectiveness of the control of stormwater quality will be based on the management of Total Suspended Solids (TSS). Through the use of appropriate Best Management Practices (BMPs), to treat the Water Quality Volume (WQv) or the Water Quality Flow (Qwq) stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed.
2. B.
   Best Management Practices. The project site owner must submit to the City Engineer, a Stormwater Pollution Prevention Plan (SWPPP) that shows placement of appropriate Best Management Practices (BMPs) from a pre-approved list of BMPs specified in the City's Stormwater Technical Standards Manual. The SWPPP submittal shall include an Operation and Maintenance Manual for all post-construction BMP(s) included in the project and a signed Maintenance Agreement providing for the long-term maintenance of those BMPs. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the City's Stormwater Technical Standards Manual. Practices other than those specified in the pre-approved list may be utilized; however, the burden of proof as to whether the performance (minimum 80 percent TSS removal) and ease of maintenance of such practices will be according to the guidelines provided in the City's Stormwater Technical Standards Manual, would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the City's Stormwater Technical Standards Manual.
3. C.
   Special Practices for Highly Sensitive Uses. Gasoline outlets and refueling areas must install appropriate practices (as noted under "Hot Spots" provision in the Technical Standards) to reduce lead, copper, zinc, and hydrocarbons in stormwater runoff. These requirements will apply to all new facilities and existing facilities that replace their tanks, regardless of the size of the facility. Discharges from new development and redevelopment sites will not be allowed directly into karst features without pre-treatment.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Means of Calculation. Calculation of land disturbance shall follow the guidelines set out in Sec. 7.403, Calculations and Design Standards and Specifications.
2. B.
   Required Compliance. The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs shall meet the design criteria, standards, and specifications outlined in the City's Stormwater Technical Standards Manual.  The methods and procedures included in the referenced Standards  are in keeping with the stated policy of this Article and meet or exceed the requirements of IDEM’s MS4GP.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

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.  For the purposes of monitoring, inspection, and general maintenance activities, adequate easement width, as detailed in the City of Valparaiso Stormwater Technical Standards Manual, beyond the actual footprint of the stormwater quality management facility, as well as a 30-foot wide access easement from a public right-of-way to each BMP, shall be provided, unless otherwise authorized by City Engineer.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Authority to Inspect. After the approval of the site permit by the City Engineer and the commencement of construction activities, representatives of the City Engineer and Valparaiso City Utilities have the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this Article, the approved Stormwater Pollution Prevention Plan, the City's Stormwater Technical Standards Manual, and the terms and conditions of the approved permit. 
2. B.
   Required Operation and Maintenance. Stormwater quality management facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the City's Stormwater Technical Standards Manual, in addition to the designed and approved performance specifications for the facilities. Such facilities shall not be subsequently altered, revised, or replaced except as approved by the City Engineer. 
3. C.
   Long-Term Responsibility. Following construction completion, maintenance of stormwater quality facilities shall be the long-term responsibility of the facility’s owner. Details regarding the required stormwater BMP Maintenance Agreement, and Operations and Maintenance (O&M) Manual are provided in the City of Valparaiso Stormwater Technical Standards Manual.
4. D.
   Inspections. The representatives of the City Engineer and Valparaiso City Utilities have the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities.  The inspection will cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. If deficiencies are found during the inspection, the owner of the facility will be notified by the City Engineer 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 Valparaiso City Utilities Board will undertake the work and collect from the owner using lien rights if necessary.

(Ordinance No. 15, 2015; Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. In order to gain an understanding of the drainage requirements for a specific project, a developer may submit conceptual drainage plans and calculations for review by the City Engineer. The direction provided by the City Engineer during such a review is based on preliminary data and shall not be construed as an acceptance or binding on either party.
2. B.
   Data Requirements. The following is a general listing of minimum data requirements for the review of conceptual drainage plans:

   1. 1.
      Conceptual plans showing general project layout, including existing and proposed drainage systems.
   2. 2.
      General description of the existing and proposed drainage systems in narrative form.
   3. 3.
      Map showing on-site 100-year floodplain and floodway (please note if none exists).
   4. 4.
      Map showing all wetlands, lakes, and ponds on or adjacent to the site.
   5. 5.
      Existing watercourse or regulated drains.
   6. 6.
      Watershed Boundaries with USGS Contours or best information possible.
   7. 7.
      Drainage calculations detailing existing and proposed discharges from the site.
   8. 8.
      Letter of Intent for obtaining any needed consents, off-site easements, right-of-way, or regulatory permits.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Applicability. This Division applies to all development, or re-development of land, that results in land disturbance of one (1) acre or more. Individual lots with land disturbance less than one (1) acre but more than 3,000 square feet, or individual lots that are developed within a larger permitted project site, shall refer to Sec. 7.604, Review of Individual Lots, for plan review requirements and procedures.
2. B.
   General Procedures. The following are the general procedures from applying for, to renewing and terminating a permit:

   1. 1.
      To pull a site permit, the project site owner shall submit an application to the City Engineer. The application will include construction plan sheets, a stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in Sec. 7.603, Information Requirements.
   2. 2.
      After the City Engineer’s receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. Once all comments have been received and review completed, the City Engineer will either approve the project, or request modifications.
   3. 3.
      Once the plans are approved, a Construction/Stormwater Pollution Prevention Plan Technical Review and Comment form and a Site Permit will be issued. The project site owner must file a Notice of Intent to IDEM through IDEM’s Regulatory ePortal a minimum of 48 hours prior to the commencement of construction activities. The project site owner shall notify the City of Valparaiso before beginning construction. A pre-construction meeting is required to be held prior to any grading activity to ensure that appropriate perimeter control measures have been implemented on the site and the location of any existing tiles have been properly marked.
   4. 4.
      Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this Ordinance and the terms and conditions of the approved permit.
   5. 5.
      Upon completion of construction activities, as-built plans must be submitted to the City of Valparaiso. Once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed, a notification shall be sent to the City of Valparaiso, requesting a termination inspection. The City of Valparaiso, or its representative, shall inspect the construction site to verify that the completed project is fully stabilized and meets the requirements of City of Valparaiso’s Stormwater Ordinance and its technical standards, and that the terms and conditions of the permit. Once the applicant receives a signed copy of the Termination Inspection Checklist confirming compliance, they must forward a copy to IDEM along with the required IDEM NOT form.
   6. 6.
      Permits issued under this scenario will expire 3 years from the date of issuance. If construction is not completed within 3 years, an updated permit application must be submitted to the City of Valparaiso. If construction is not completed within 5 years, an updated NOI must be resubmitted to IDEM at least 90 days prior to expiration.
3. C.
   SWPPP Review Time Limits. Pursuant to IC 13-18-27, an MS4-designated entity or other review authority such as SWCD must make a preliminary determination as to whether the construction plan associated with SWPPP is substantially complete before the end of the tenth (10th) working day (for sites with less than 5 acres of land disturbance) after the day on which the SWPPP is submitted to the review authority or the fourteenth (14th) working day (for sites with 5 acres or larger of land disturbance) after the day on which the SWPPP is submitted to the review authority. Depending on the outcome of the SWPPP review, the following scenarios may play out. These time limits only apply to the SWPPP portion of the overall permit submittal and do not affect any official or non-official permit review timelines set by the entity for other aspects of the permit application.

   1. 1.
      No SWPPP review notification received. If the review authority does not notify the applicant of its preliminary determination as to whether the construction plan is substantially complete within either 10 or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM including the information required this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained.
   2. 2.
      SWPPP not substantially complete. If the review authority notifies the applicant that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual.
   3. 3.
      Unfavorable SWPPP. If the review authority notifies the applicant that the construction plan is deficient and makes a conclusive unfavorable determination concerning the construction plan under this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, the project site owner may not submit a notice of intent letter to IDEM.
   4. 4.
      Preliminary SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a preliminary review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained. The plan review authority reserves the right to perform a comprehensive review at a later date, and revisions may be required at that time.
   5. 5.
      Conditional SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a conditional review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project provided that the requirements included in the conditional review are fulfilled and all the other necessary permits have been obtained.
   6. 6.
      Favorable SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a comprehensive review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Exemptions. Specific projects or activities may be exempt from all or part of the informational requirements listed below. Exemptions are detailed in the “Applicability and Exemptions” sections of Division 7.200, Prohibited Discharges and Connections, through Division 7.500, Stormwater Quality Management for Post-Construction. If a project or activity is exempt from any or all requirements of this ordinance, an application should be filed listing the exemption criteria met, in lieu of the information requirements listed below. This level of detailed information is not required from individual lots, disturbing less than 1 acre of land, or developed within a larger permitted project site. Review and acceptance of such lots is covered under Sec. 7.604, Review of Individual Lots, below.
2. B.
   Permit submittal elements. The different elements of a permit submittal include construction plans, a stormwater drainage technical report, a stormwater pollution prevention plan for active construction sites, a post-construction stormwater pollution prevention plan, post-construction BMP Operation and Maintenance Manual, and any other necessary supporting information. All plans, reports, calculations, and narratives shall be signed and sealed by a professional engineer or a licensed surveyor, registered in the State of Indiana who also meets the definition of a Trained Individual found in Article 18, Definitions.

   1. 1.
      Construction Plans. Construction plan sheets and an accompanying narrative report shall describe and depict the existing and proposed conditions. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans must include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual, Appendix B.
   2. 2.
      Stormwater Drainage Technical Report. A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage system. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual.
   3. 3.
      Stormwater Pollution Prevention Plan for Construction Sites. For sites with total disturbance of one (1) acre or more, a stormwater pollution prevention plan associated with construction activities must be designed to, at least, meet the requirements of this Ordinance. The SWPPP and construction plans must include the items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual. For land disturbances totaling 3,000 square feet or more of land area but less than one (1) acre, appropriate erosion and sediment control measures that are consistent with the City of Valparaiso Technical Standards must be designed and shown on the plans.
   4. 4.
      Post-Construction Stormwater Pollution Prevention Plan and O&M Manual. For sites with total land disturbance of one (1) acre or more of total land area, a post-construction stormwater pollution prevention plan must be designed to, at least, meet the requirements of this Ordinance and must include the information provided in the City of Valparaiso Stormwater Technical Standards Manual. The post-construction stormwater pollution prevention plan must include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual. For such sites, an Operations and Maintenance Manual (O&M Manual) is required to facilitate the proper long-term function of all post-construction stormwater quality measures. The detailed requirements of the manual are provided in the City of Valparaiso Stormwater Technical Standards Manual.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. For individual lots, or projects disturbing land between 3,000 square feet and one acre, a formal review of individual lot/project plan and issuance of a site permit to the lot/project is required. Similarly, for individual lots disturbing less than 3,000 square feet of total land area, developed within a larger permitted project, a formal review of lot plan and issuance of a site permit will be required. All stormwater management measures necessary to comply with this Ordinance must be implemented in accordance with the permitted plan for the larger project.
2. B.
   Required information. The following information must be submitted to the City of Valparaiso, for review and acceptance, by the individual lot operator, whether owning the property or acting as the agent of the property owner, as part of a request for review and issuance of a site permit.

   1. 1.
      A site layout for the subject lot and all adjacent lots showing building pad location, dimensions, and elevations, and the drainage patterns and swales.
   2. 2.
      Erosion and sediment control plan that, at a minimum, includes the following measures:

      1. a.
         Installation and maintenance of a stable construction site access.
      2. b.
         Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.
      3. c.
         Minimization of sediment discharge and tracking from the lot.
      4. d.
         Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules.
      5. e.
         Implementation of concrete or cementitious wash water practices that securely contain and allow for the proper disposal of concrete or cementitious wash water.
      6. f.
         Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.
      7. g.
         Self-monitoring program including plan and procedures.
3. C.
   Individual lot within a development covered by CSGP. For residential developments where an individual lot operator has purchased one or more lot within an active permitted development that has permit coverage under IDEM’s CSGP, the individual lot operator shall submit to the City a completed Construction Stormwater Residential Development Registration form prior to the issuance of site permit. The purpose of this form is to establish responsibility for an individual lot operator to comply with specific requirements of the permit for the larger project, as approved by the City of Valparaiso. The individual lot operator is responsible for installation and maintenance of all erosion and sediment control measures until the site is stabilized.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Any changes or deviations in the detailed plans and specifications after approval of the applicable site permit shall be filed with, and accepted by, the City of Valparaiso prior to the land development involving the change. Copies of the changes, if accepted, shall be attached to the original plans and specifications.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Refer to Article 15, Permits and Procedures and City of Valparaiso website for fee structure.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Refer to City of Valparaiso General Construction Specification for information on required assurances.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. In granting a Site Permit, the City of Valparaiso may impose such terms and conditions as are reasonably necessary to meet the purposes of this Ordinance.
2. B.
   Responsibility. The project site owner shall insure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in Article 17, Enforcement, Interpretation, and Repealer. The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the Site Permit and the schedule for proposed implementation. In the event that a project site is determined to impact or discharge to a Sensitive Area or is located in an Impact Drainage Area, the City of Valparaiso may require more stringent stormwater quantity and quality measures than detailed in this Ordinance or in the Indiana Stormwater Quality Manual.
3. C.
   Determination of Sensitive Areas

   1. 1.
      Sensitive areas. Sensitive Areas include highly erodible soils, wetlands, karst areas, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources.
   2. 2.
      Class V injection well. Any discharge from a stormwater practice that is a Class V injection well shall meet the Indiana groundwater quality standards and registered with US EPA as required by the IDEM.
   3. 3.
      Wetlands. If wetlands are suspected on a site, a wetland determination, followed by a delineation if wetlands are confirmed, should be completed in accordance with the methodology established by the U. S. Army Corps of Engineers (USACE). Any of the following materials shall be prima facia evidence which may be relied upon by the City Engineer for the identification, delineation, and existence of a wetland: (a) National Wetlands Inventory (NWI) maps produced or maintained by the U. S. Fish and Wildlife Service (USFWS); (b) maps produced, or maintained and utilized, by the USACE for identification and/or delineation of wetlands; (c) maps produced, or maintained and utilized, by the U. S. Natural Resources Conservation Service (NRCS) for the identification and/or delineation of wetlands; (d) USDA-NRCS Soil Survey of the City of Valparaiso hydric soils list; and (e) field investigations performed by the USACE or private consultants recognized by the Corps as authorities in wetland identification and delineation. Note: the NWI maps are intended to identify potential wetlands. Due to the lack of field verification, NWI classified wetlands are sometimes erroneously identified, missed, or misidentified. Additionally, the criterial used in identifying these wetlands, as established by USFWS, are different from those currently used by the USACE. NWI maps best serve as an indicator of potential jurisdictional wetlands. Likewise, soil survey maps were developed from actual field investigations by soil scientists from the NRCS but they address only one of the three required wetland criteria and may reflect historical conditions rather than current site conditions. It is recommended that all sites be field reviewed by a qualified person with experience in wetland identification in order to determine the presence or absence of wetlands.
   4. 4.
      Threatened or endangered species habitat. The need for the applicant to check for the presence of threatened or endangered species habitat will be determined on a case-by-case basis. Special terms and conditions for development determined to impact or discharge to any Sensitive Area shall be included in the Site Permit.
4. D.
   Determination of Impact Drainage Areas

   The City of Valparaiso or City of Valparaiso Engineer is authorized, but is not required, to classify certain geographical areas as Impact Drainage Areas. In determining Impact Drainage Areas, the City of Valparaiso may consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility. Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an Impact Drainage Area by the City Engineer. Special terms and conditions for development within any Impact Drainage Area shall be included in the Site Permit. The following areas shall be designated as Impact Drainage Areas, unless good reason for not including them is presented to the City of Valparaiso.

   1. 1.
      A floodway or floodplain as designated by the most updated FEMA Code dealing with floodplain regulation and/or by the Best Available Data through IDNR.
   2. 2.
      Land within 25 feet of each bank of any ditch within the City of Valparaiso’s system.
   3. 3.
      Land within 15 feet of the centerline of any stormwater infrastructure or enclosed conduit within the City of Valparaiso’s system.
   4. 4.
      Land within 75 feet of each bank of a county open regulated drain.
   5. 5.
      Land within 50 feet of a natural drainageway.
   6. 6.
      Land within 75 feet of the centerline of any tiled regulated drain.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Applicability. This Division shall apply to all projects whether the stormwater management system or portions thereof will be dedicated to the City of Valparaiso or retained privately.
2. B.
   As-Built Requirements. After completion of construction of the project, a professionally prepared and certified ‘as-built’ set of plans by a Professional Engineer or licensed Land Surveyor registered in the State of Indiana shall be submitted to the City Engineer for review. Additionally, a digital copy of the ‘as-built’ plans is required in a format acceptable to the City Engineer. As-Built plans shall include all pertinent data relevant to the completed stormwater drainage system and stormwater management facilities, and shall include:

   1. 1.
      Pipe size and pipe material
   2. 2.
      Invert elevations
   3. 3.
      Top rim elevations
   4. 4.
      Elevation of the emergency overflow (spillway) for ponds
   5. 5.
      Grades along the emergency flood routing path(s)
   6. 6.
      Pipe structure lengths
   7. 7.
      BMP types, dimensions, and boundaries/easements
   8. 8.
      “As-planted” plans for BMPs, as applicable
   9. 9.
      Data and calculations showing detention basin storage volume
   10. 10.
       Data and calculations showing BMP treatment capacity
   11. 11.
       Certified statement on plans stating the completed stormwater drainage system and stormwater management facilities substantially comply with construction plans as approved by the City Engineer (See certificate in the Stormwater Technical Standards Manual).
3. C.
   Visual Recording Requirements. In addition to As-Built Plans, to verify that all enclosed drains are functioning properly, visual recordings (via closed circuit television) of such drains shall be required, once following the completion of installation (including the installation of all utility mains). The details on the television requirements are provided in the City’s General Construction Specifications.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

In addition to as-built plans and the certification of completion and compliance, following the release of performance assurances, the property owner, developer, or contractor shall be required to file a maintenance bond or other acceptable guarantee with the City of Valparaiso in a form satisfactory to the City of Valparaiso in order to assure that such stormwater system installation was done according to standards of good workmanship, that the materials used in the construction and installation were of good quality and construction, and that such project was done in accordance with the accepted plans, and this Ordinance and that any off-site drainage problems that may arise, whether upstream or downstream of such project, will be corrected if such drainage problems are determined by City of Valparaiso to have been caused by the development of such project. The details of the requirements on the bond or other acceptable guarantee are provided in Article 15, Permits and Procedures, and the City of Valparaiso General Construction Specification.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024