§ 153.034. SUPPLEMENTAL ENVIRONMENTAL REGULATIONS.

No land shall be used or structure erected where the land is unsuitable for such use or structure due to unfavorable topography, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the county. In addition the following standards must be met:

(A) Existing features which would add value to residential development or natural or man-made assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design.

(B) No alteration of the shore line or bed of a public lake or river shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions hereof and other applicable regulations of this chapter are complied with. Alterations include, among other things, filling of the lake, river or wetlands, the construction of channels and seawalls, dredging of the lake or riverbed, and ditch excavation within ½ mile of a lake.

(C) All development must be in compliance with applicable sections of I.C. Title 13, as amended, as it relates to Air Pollution Control and Water Pollution Control.

(D) Debris and refuse shall not accumulate on any property, in any zoning district.

(E) Bricks, concrete, lumber and other material used for fill where permitted by this chapter and/or by the Board of Health, DNR or other governmental agency, shall be promptly covered and seeded.

(F) No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousous, toxicity or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored or discharged on any lot in a way that would be likely to runoff, seep or wash into surface or groundwaters.

(G) Any part or portion of the site which is not used for structures, loading or parking spaces, sidewalks and designated storage areas, shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or improvement location permit application and shall be in keeping with natural surroundings. Any areas left in a natural state shall be properly maintained in a sightly and well kept condition.

(H) The following activities are permitted with no improvement location permit required, provided all other applicable standards are met:

(1) Normal excavation for structural foundation, driveways, utility installations and similar preparation activities;

(2) Normal plowing and working of land for gardens and yards;

(3) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation;

(4) Earth movements related to farming and other agricultural activity, including sod farming;

(5) Public and private road construction;

(6) Drain tile laying and ditch cleaning;

(7) Top soil removal, other than mineral extraction (as defined); and/or

(8) Forest management activities such as timber harvesting and timber stand improvement, including sawmills on property where the lumbering is being done.

(1993 Code, § 8-27) (Ord. 93-02, passed 2-1-1993)