Town of Fishers
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.
- A stormwater service charge shall be imposed on each and every lot and parcel of land within the city, which charge shall be assessed against the property owner thereof, who shall be considered the user for the purposes of this chapter. This charge is deemed reasonable and is necessary to pay for the all expenses incidental to the operation of the works, including legal expenses, maintenance costs, operating charges, repairs, lease rentals, and interest charges on bonds or other obligations, to provide a sinking fund required by IC 36-9-23-21, to provide adequate money to be used as working capital, and to provide adequate money for improving and replacing the works.
- Charge per ERU. The stormwater service charge shall be $6.66 per ERU per month. Any billings for stormwater service outside this time shall be on a per diem basis.
- EQUIVALENT RESIDENTIAL UNIT (ERU). Equal to 3,318 square feet of impervious surface area.
- Basis of charge. The stormwater service charge is a flat charge designed to recover the cost of rendering stormwater service to the users of the stormwater drainage system, and shall be the basis for assessment of the stormwater service charge.
- Classification of property. All properties within the city municipal boundaries will be assigned an equivalent residential unit (ERU), or a multiple thereof, based on the costs, including capital expenditures, of furnishing services to each property, with all properties having a rate assignment as follows:
- Residential improved. A monthly flat rate charge for stormwater service rendered to residential improved properties in the amount of one equivalent residential unit (ERU) equating to a rate of $6.66 per month.
- Non-residential improved. The monthly user fee for nonresidential improved properties will be determined using an ERU multiplier, which will be calculated by dividing the total impervious surface within the property by the base ERU of 3,318 square feet and then multiplying by $6.66 per ERU per month.
- Condominium. The monthly user fee for condominiums shall be 0.60 times the residential improved rate of $6.66, or $4.00 per month.
- Unimproved. The monthly user fee for unimproved properties shall be one-third the residential improved rate of $6.66, or $2.22 per month.
- Small non-residential. The monthly user fee for unimproved properties shall be one-third the residential improved rate of $6.66, or $2.22 per month.
- Property classifications. Property classifications shall occur once per year and shall not be prorated. Property classification shall be updated based upon best available data at the time of classification, including but not limited to aerial photography, county property type use, site knowledge, etc.
- Exceptions/exemptions. Except for public rights-of-way, city-owned properties, railroad lines, and paths that are eight feet wide or less with five feet of vegetation space on each side, there shall be no exceptions or exemptions from the assignment of stormwater ERUs and charges for any property.
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
POLICY ON STORMWATER QUALITY MANAGEMENT
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.
INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING
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.
PENALTIES FOR VIOLATIONS
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.
FAILURE TO COMPLY OR COMPLETE
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.
SUSPENSION OF ACCESS TO THE STORM DRAIN SYSTEM
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:
- The application of the Ordinance provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the Ordinance; and
- The granting of the relief requested will not substantially prevent the goals and purposes of this Ordinance, nor result in less effective management of stormwater runoff.
Article 3: Stormwater Quantity Management
3.06 Inspection, Maintenance, Record Keeping and Reporting
After the approval of the development permit by the Director of Engineering and the commencement of construction activities, the Director of Engineering and the Director of Public Works have the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this Article, the Construction Specifications, and the terms and conditions of the approved permit. The Department of Public Works also has 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. Stormwater quantity facilities shall be maintained in good condition, in accordance with the terms and conditions of the approved stormwater management 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 to the permit. If deficiencies are found during the inspection, the owner of the facility will be notified by the Department of Public Works 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 Department of Public Works can undertake the work and collect from the owner using lien rights if necessary or subject the owner to the penalties set forth in Section 153.99 of the Fishers Code of Ordinances.
Fishers Stormwater Utility
Fishers Stormwater Technical Standards
Indiana Stormwater Quality Manual
Stormwater Management Resolution to Municipal Code