The Town of Fishers, Indiana has enacted a Stormwater Management Ordinance in order to provide for the health, safety, and general welfare of the citizens of Town of Fishers through the regulation of stormwater and non-stormwater discharges to the storm drainage system and to protect, conserve and promote the orderly development of land and water resources within the Town of Fishers. The Town of Fishers is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The Town of Fishers will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by the Town of Fishers. The Town of Fishers, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The Town of Fishers has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
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 re-development continues in Town of Fishers, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. It is presumed that through the use of Best Management Practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed. Town of Fishers 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). However, in order to promote the use of green infrastructure in leu of the potential for a wide range of pollutant removal, the minimum TSS removal percentage may be waived in certain cases where specific BMPs are shown to have high pollutant removal capacities over a wide range of pollutants (i.e. phosphates, petroleum, pesticides, herbicides, bacteria, surfactants, metals, etc.).
The project site owner must submit to the Town of Fishers, a Storm Water Pollution Prevention Plan (SWPPP) that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the Town of Fishers Stormwater Technical Standards Manual. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Town of Fishers 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% TSS removal) and ease of maintenance of such practices will be according to guidelines provided in the Town of Fishers 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 Town of Fishers Stormwater Technical Standards Manual.
Gasoline outlets and refueling areas must install appropriate practices 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.
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 designated as common areas or incorporated into permanent drainage easements. For the purposes of monitoring, inspection, and general maintenance activities, adequate easement width, as detailed in the Town of Fishers Stormwater Technical Standards Manual, beyond the actual footprint of the stormwater quality management facility as well as a 20-foot wide access easement from a public right-of-way to each BMP shall be provided.
After the approval of the stormwater management permit, the Town Engineer’s Office has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this Article, the Stormwater Technical Standards Manual, and the terms and conditions of the approved permit.
Stormwater quality management facilities shall be maintained in good condition, in accordance with the Operation and Maintenance procedures and schedules listed in the latest editions of the Indiana Stormwater Quality Manual and the Town of Fishers Stormwater Technical Standards Manual, and the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions in the permit. Following construction completion, maintenance of stormwater quality facilities shall be the long-term responsibility of the facility’s owner.
The Town Engineer’s Office has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspections will follow the Operation and Maintenance procedures included in the Stormwater Technical Standards Manual and/or permit application for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the facility will be notified by the Town Engineer’s Office and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the Town of Fishers will undertake the work and collect from the owner using lien rights if necessary.
Any person found in violation of any provision of this Ordinance shall be responsible for a civil infraction and subject to a maximum fine of $5,000 for a first offense, and a maximum of $10,000 for a subsequent offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day.
The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this Ordinance.
Any person who aids or abets a person in a violation of this Ordinance shall be subject to the penalties provided in this section.
For purposes of this section, "subsequent offense" means a violation of the provisions of this Ordinance committed by the same person within 12 months of a previous violation of the same provision of this Ordinance for which said person admitted responsibility or was adjudicated to be responsible.
In addition to any other remedies, should any owner fail to comply with the provisions of this ordinance, the Town Engineer may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the Town of Fishers for all costs of such work.
A. Suspension due to Emergency Situations
The Town Engineer may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, Town Engineer may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or Waters of the United States, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge
Any person discharging to the stormwater drainage system in violation of this Ordinance may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The Town Engineer will notify a violator of the proposed termination of its MS4 access. The violator may petition the Town of Fishers Council for a reconsideration and hearing.
Nothing herein contained shall prevent the Town of Fishers 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. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the Town of Fishers NPDES permit, attorney fees, and other costs and expenses.
Any person to whom any provision of this Ordinance has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Town of Fishers Council the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Town of Fishers Council shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Town of Fishers Council may consider the recommendations of the Town Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Town of Fishers Council may grant a variance from the terms of this Ordinance to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied: