The local Republican party elected Allen Goodman as their new Chairman tonight.
Goodman was the only person to be nominated.
He replaces Gary Morris who died earlier this month after losing his battle against cancer.
Tuesday, December 29, 2009
Tuesday, December 22, 2009
21 December 2009 Dearborn County Plan Commission Meeting Notes
21 December 2009 Dearborn County Plan Commission Meeting Notes
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
REPUBLICAN CAUCUS SET TO ELECT NEW PARTY CHAIRMAN
The Dearborn County GOP has called a caucus for Dec 29 at 6 PM in the County Adm Bldg. to fill the position of Republican Party Chairman.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Health Care Reform by Chet Wolgamot Manchester Township
With all due respect for Lee Hamilton’s distinguished service to the people of Indiana, if the Democratic display of deceit currently being railroaded through Congress is “What it looks like when Congress does it’s job”, we are in dire straits indeed. We have been blatantly lied to since day one.
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
Monday, December 21, 2009
WANT TO SERVE ON A COUNTY BOARD?
Boards up for reappointment in Dearborn County:
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Wednesday, December 16, 2009
15 December 2009 Dearborn County Commissioner Meeting Notes
15 December 2009 Dearborn County Commissioner Meeting Notes
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
WIND ENERGY CONVERSION SYSTEMS- NEW ORDINANCE for PLANNING
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
Tuesday, December 08, 2009
DRAFT AGENDA COMMISSIONER'S MEETING 15 DEC 2009
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
GARY MORRIS REPUBLICAN PARTY CHAIRMAN PASSED AWAY SUNDAY
GARY MORRIS, chairman of the Dearborn County Republican Party passed away Sunday Dec 6th. His obituary follows:
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
Tuesday, December 01, 2009
JEFF HUGHES MEMO TO COUNCIL
TO: COUNTY COUNCIL, concerning acquisition of new county Garage.
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
30 November 2009 Dearborn County Commissioners Meeting Notes
30 November 2009 Dearborn County Commissioners Meeting Notes
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, November 24, 2009
24 November 2009 Dearborn County Council Meeting Notes
24 November 2009 Dearborn County Council Meeting Notes
Present: Kraus, Sr., President, Lansing, Morris, Ullrich, Cheek, and Messmore ( replacing Fehrman)
Absent: Barrott- illness.
Pickens, Auditor also present.
Pickens called for amoment of silence for the deaths of Rick Fox’s mother and Vera Benning’s husband. He included Maynard Barrott and Liz Morris’s husband both seriously ill.
1. Financial Comtroller- Jessica Tibbets asked for direction on the salary ordinance and job descriptions. Discussion indicated that all but 2 of the dept heads had signed off on these. Judge Blankenship and Prosecutor Negangard have not turned theirs in. Ullrich motioned and Lansing 2nd to accept the salary ordinance at the 2009 levels, accept the job descriptions and an amendment will be prepared for Community Corrections changes in July.
2. Aurora Public Library district- Council reappointed Ralph Droege to the board till Nov 24, 2013.
3. DCRSD- Steve Renihan, Brett Fehrman, and Bob Hrezo ( engineer) gave an update on all of High Ridge Estates treatment plant progress. Change orders were discussed and Cheek questioned each item. The new version allows 28 more homes to be covered and Council is pleased to have original problems requiring formation of the district fixed. UCB gave $20,000 to the plant to get one of their homes in foreclosure covered. Council approved $105,589 + $16,000 engineering studies. All ayes.
Next hot spots are Wilmington area, Huseman and Sharon Road. Mount Tabor was ruled out as not cost effective and with large lots, the problems can be fixed by owners.
Total cost of High Ridge was $497,358.
4. Sally Blankenship- Superior Court 2- was approved for $6,000 from contingency fund for public defender fees. She is writing transfer requests for the other money ($5774) to cover jury fees. [NOTE: Why not ask the judge about the salary ordinances while she was present?]
5. Wesley Holt Coroner- was approved to transfer $4,000 from conferences to part timers.
6. Mike Rozzo- Chamber president had the county agreement signed which includes the $25,000 for Redevelopment and $25,000 from CVTB.
7. Sue Dausch from Lawrenceburg Elks was approved for $1,000 for youth services on the Drug Awareness trailer. Council cautioned her that this money will be ”squeezed” in the coming years as the gaming money decreases.
8. Sheriff Lusby – per Pickens required no action as the state approved the transfer on bullet proof vests.
9. Todd Listerman- Highway Dept gave a 5-minute report and received $81,708 for Jan 1 on the Artemis account. It will be reimbursed at 100% from the feds. They used casino money to make up the shortfall in local road and street and MVHA.
10. Steve Walker of the park Board asked under IC 36-10-2-22b1 to get a non- reverting operating budget. Pickens said they can set it up like soil and water board and give them all their money up front, They will have to meet at least monthly to qualify- they pay their own bills and do not require commissioner approval. For 2009 money give Pickens invoices showing PROJECTED costs and the money for those remaining projects can be encumbered to 2010.
Parks can still come in for additional to Council if needed.
11. Solid Waste has 11% wage increase on some of their employees- it’s because they are at and soon will be below minimum wage. It amounts to $1 an hour. Council approved their budget in August and Solid Waste manages it. These are not county employees per Pickens.
12. Pickens warned Council that they may need a week for budget hearings in 2010 as the trustee positions may go away. He anticipates more and more being required of Council. He also advised them to attend more seminars and AIC meetings to get info on this.
Meeting adjourned at 8:50 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Kraus, Sr., President, Lansing, Morris, Ullrich, Cheek, and Messmore ( replacing Fehrman)
Absent: Barrott- illness.
Pickens, Auditor also present.
Pickens called for amoment of silence for the deaths of Rick Fox’s mother and Vera Benning’s husband. He included Maynard Barrott and Liz Morris’s husband both seriously ill.
1. Financial Comtroller- Jessica Tibbets asked for direction on the salary ordinance and job descriptions. Discussion indicated that all but 2 of the dept heads had signed off on these. Judge Blankenship and Prosecutor Negangard have not turned theirs in. Ullrich motioned and Lansing 2nd to accept the salary ordinance at the 2009 levels, accept the job descriptions and an amendment will be prepared for Community Corrections changes in July.
2. Aurora Public Library district- Council reappointed Ralph Droege to the board till Nov 24, 2013.
3. DCRSD- Steve Renihan, Brett Fehrman, and Bob Hrezo ( engineer) gave an update on all of High Ridge Estates treatment plant progress. Change orders were discussed and Cheek questioned each item. The new version allows 28 more homes to be covered and Council is pleased to have original problems requiring formation of the district fixed. UCB gave $20,000 to the plant to get one of their homes in foreclosure covered. Council approved $105,589 + $16,000 engineering studies. All ayes.
Next hot spots are Wilmington area, Huseman and Sharon Road. Mount Tabor was ruled out as not cost effective and with large lots, the problems can be fixed by owners.
Total cost of High Ridge was $497,358.
4. Sally Blankenship- Superior Court 2- was approved for $6,000 from contingency fund for public defender fees. She is writing transfer requests for the other money ($5774) to cover jury fees. [NOTE: Why not ask the judge about the salary ordinances while she was present?]
5. Wesley Holt Coroner- was approved to transfer $4,000 from conferences to part timers.
6. Mike Rozzo- Chamber president had the county agreement signed which includes the $25,000 for Redevelopment and $25,000 from CVTB.
7. Sue Dausch from Lawrenceburg Elks was approved for $1,000 for youth services on the Drug Awareness trailer. Council cautioned her that this money will be ”squeezed” in the coming years as the gaming money decreases.
8. Sheriff Lusby – per Pickens required no action as the state approved the transfer on bullet proof vests.
9. Todd Listerman- Highway Dept gave a 5-minute report and received $81,708 for Jan 1 on the Artemis account. It will be reimbursed at 100% from the feds. They used casino money to make up the shortfall in local road and street and MVHA.
10. Steve Walker of the park Board asked under IC 36-10-2-22b1 to get a non- reverting operating budget. Pickens said they can set it up like soil and water board and give them all their money up front, They will have to meet at least monthly to qualify- they pay their own bills and do not require commissioner approval. For 2009 money give Pickens invoices showing PROJECTED costs and the money for those remaining projects can be encumbered to 2010.
Parks can still come in for additional to Council if needed.
11. Solid Waste has 11% wage increase on some of their employees- it’s because they are at and soon will be below minimum wage. It amounts to $1 an hour. Council approved their budget in August and Solid Waste manages it. These are not county employees per Pickens.
12. Pickens warned Council that they may need a week for budget hearings in 2010 as the trustee positions may go away. He anticipates more and more being required of Council. He also advised them to attend more seminars and AIC meetings to get info on this.
Meeting adjourned at 8:50 PM
Christine Brauer Mueller
Lawrenceburg Township
23 November 2009 Dearborn County Plan Commission Meeting Notes
23 November 2009 Dearborn County Plan Commission Meeting Notes
Present: Hall, Chairman, Kraus, Jr., Beiersdorfer, Hornbach, Hoog, Lehman, Nelson, Lansing, and Thompson.
McCormack, Plan Director, and McGill, Attorney, were also present.
1. Primary Approval for a 5-lot replat of Lot 175 on 0.8264 acres of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties in a PUD on Augusta Drive in Miller Township was tabled by the Plan Commission for the lack of a letter from the Fire Dept. Nelson motioned and Thompson 2nd to table all ayes. This land was redrawn once before to break up the parcels now they are regrouping it. The total increase would be 3 housing units. No public spoke on this- and the applicant was not present. It was mentioned in the discussion that there are 37 lots in Sugar Ridge going for tax sale and the roads have $150-200,000 left to bring them to code- and no bonds. ( Bankruptcy) UCB bank directors were present for this part of the hearing.
2. ZONE CHANGE REQUEST from Ag to R for multifamily by Owners Dearborn Developers, LLC and Steve Linkmeyer development LLC with Applicant Mike Hall ( stepped down for this) for 21.964 acres on Sycamore Estates Drive in Lawrenceburg Township was forwarded to the Commissioners with a FAVORABLE RECOMMENDATION after nearly 2 hours of deliberation. Nelson motioned and Thompson 2nd for Fav Rec with stipulations that it was for 64 units based on geotechnical info to be provided on the site BEFORE the concept plan is approved, interconnectivity be prepared, plans for retention/detention basins be prepared, there be NO EXCAVATION in the 20% slope on the Wilson Creek side, and the applicant work with adjoiners to assist with info regarding the past (fill etc) on this site. All ayes.
Lawrenceburg plans to annex the site in Jan 2010. The application is coming to the county, as a grant is available once a year for the housing. The deadline is Dec 18. Commissioners would have to approve the rezone at their Dec 15 meeting to meet this deadline.
Public speaking for the plan included several men who have gotten jobs preparing the site and wanting to continue working. In opposition were neighbors, Roth, McHenry, and Heath – all located along Wilson Creek Road and all concerned with flooding issues that they say will be made worse by this development above them. The plan includes shelving to fit the site into the hill. The detention is essentially right at the creek. There will be a picnic area on one side as a sort of buffer. Excavation on and around Walmart and this site has affected the creek wildlife and runoff has increased. Walmart issues have caused a re- routing of the creek area already. AEP bought the top of the hill from Hilsinger Development. Slopes are a big problem in this area.
Roth mentioned logging in the woods above him and the increased erosion and silt in the creek already. Heath has a field that is constantly wet now- he’s losing farmland usage to development. There will be 512 vehicle trips per day from this- the road in the development will be private and then attached to Sycamore Drive. [NOTE: How long is this cul-de-sac road?]
Heath noted that Wilson Creek is becoming Wilson Lake. He took issue with the dirt moving into the flood prone areas across US 50, and the fly ash pits over the water supply. He had his land appraised before and after Walmart and lost $440,000 in value after the buildout. He urged Linkmeyer to go slow and see what he has as problems- noting all the fill on this land from the Walmart construction. Heath went so far as to say Linkmeyer bought a “pig in a poke” with this Ellis property. (Heath said he was Linkmeyer’s teacher in shop for 4 years at LHS- they know each other well.) Heath also noted that he came to the county commission 8 years ago – there are 2600 linear feet of fill in the flood area mostly on Mr. Linkmeyer’s property.
Chris McHenry noted she was on the master plan and because of the steep slopes, this land was not slated for development.
Plan Commission members seemed to understand some of these issues, but the grant deadline was a factor as was the fact that Lawrenceburg was going to inherit this in January via annexation. [NOTE: Will the city of Lawrenceburg be concerned about COUNTY residents below this when they do the concept plans? Should the board have taken more time to view this site and its surroundings?]
3. Wind Energy Conversion Systems Ordinance was sent to the commissioners with a favorable recommendation after minor corrections are made. Tim Fuller of T-4 Construction addressed the board and answered questions about the turbines etc. Hoog asked about decibel ratings- none given- but they are as quiet as a fan per Fuller.
ADMINISTRATIVE:
1. 4 subdivision road sets were accepted by commissioners. Witte meeting with Tucker on 2 more and Hillsprings and Indian Ridge are due for bond renewals.
2. St Leon PZ will meet next Wed- they postponed action on their sub’n control ordinance until citizens had time to review.
3. FEMA flood risk open house was held. 90 day comment period in Jan- Mar and PZ gave then a list of issues to check already. May- June 2010 will go to a 6-mo period for commissioners to adopt by the end of 2010. This allows cheaper flood insurance for the whole county.
Meeting adjourned at 10:05 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hall, Chairman, Kraus, Jr., Beiersdorfer, Hornbach, Hoog, Lehman, Nelson, Lansing, and Thompson.
McCormack, Plan Director, and McGill, Attorney, were also present.
1. Primary Approval for a 5-lot replat of Lot 175 on 0.8264 acres of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties in a PUD on Augusta Drive in Miller Township was tabled by the Plan Commission for the lack of a letter from the Fire Dept. Nelson motioned and Thompson 2nd to table all ayes. This land was redrawn once before to break up the parcels now they are regrouping it. The total increase would be 3 housing units. No public spoke on this- and the applicant was not present. It was mentioned in the discussion that there are 37 lots in Sugar Ridge going for tax sale and the roads have $150-200,000 left to bring them to code- and no bonds. ( Bankruptcy) UCB bank directors were present for this part of the hearing.
2. ZONE CHANGE REQUEST from Ag to R for multifamily by Owners Dearborn Developers, LLC and Steve Linkmeyer development LLC with Applicant Mike Hall ( stepped down for this) for 21.964 acres on Sycamore Estates Drive in Lawrenceburg Township was forwarded to the Commissioners with a FAVORABLE RECOMMENDATION after nearly 2 hours of deliberation. Nelson motioned and Thompson 2nd for Fav Rec with stipulations that it was for 64 units based on geotechnical info to be provided on the site BEFORE the concept plan is approved, interconnectivity be prepared, plans for retention/detention basins be prepared, there be NO EXCAVATION in the 20% slope on the Wilson Creek side, and the applicant work with adjoiners to assist with info regarding the past (fill etc) on this site. All ayes.
Lawrenceburg plans to annex the site in Jan 2010. The application is coming to the county, as a grant is available once a year for the housing. The deadline is Dec 18. Commissioners would have to approve the rezone at their Dec 15 meeting to meet this deadline.
Public speaking for the plan included several men who have gotten jobs preparing the site and wanting to continue working. In opposition were neighbors, Roth, McHenry, and Heath – all located along Wilson Creek Road and all concerned with flooding issues that they say will be made worse by this development above them. The plan includes shelving to fit the site into the hill. The detention is essentially right at the creek. There will be a picnic area on one side as a sort of buffer. Excavation on and around Walmart and this site has affected the creek wildlife and runoff has increased. Walmart issues have caused a re- routing of the creek area already. AEP bought the top of the hill from Hilsinger Development. Slopes are a big problem in this area.
Roth mentioned logging in the woods above him and the increased erosion and silt in the creek already. Heath has a field that is constantly wet now- he’s losing farmland usage to development. There will be 512 vehicle trips per day from this- the road in the development will be private and then attached to Sycamore Drive. [NOTE: How long is this cul-de-sac road?]
Heath noted that Wilson Creek is becoming Wilson Lake. He took issue with the dirt moving into the flood prone areas across US 50, and the fly ash pits over the water supply. He had his land appraised before and after Walmart and lost $440,000 in value after the buildout. He urged Linkmeyer to go slow and see what he has as problems- noting all the fill on this land from the Walmart construction. Heath went so far as to say Linkmeyer bought a “pig in a poke” with this Ellis property. (Heath said he was Linkmeyer’s teacher in shop for 4 years at LHS- they know each other well.) Heath also noted that he came to the county commission 8 years ago – there are 2600 linear feet of fill in the flood area mostly on Mr. Linkmeyer’s property.
Chris McHenry noted she was on the master plan and because of the steep slopes, this land was not slated for development.
Plan Commission members seemed to understand some of these issues, but the grant deadline was a factor as was the fact that Lawrenceburg was going to inherit this in January via annexation. [NOTE: Will the city of Lawrenceburg be concerned about COUNTY residents below this when they do the concept plans? Should the board have taken more time to view this site and its surroundings?]
3. Wind Energy Conversion Systems Ordinance was sent to the commissioners with a favorable recommendation after minor corrections are made. Tim Fuller of T-4 Construction addressed the board and answered questions about the turbines etc. Hoog asked about decibel ratings- none given- but they are as quiet as a fan per Fuller.
ADMINISTRATIVE:
1. 4 subdivision road sets were accepted by commissioners. Witte meeting with Tucker on 2 more and Hillsprings and Indian Ridge are due for bond renewals.
2. St Leon PZ will meet next Wed- they postponed action on their sub’n control ordinance until citizens had time to review.
3. FEMA flood risk open house was held. 90 day comment period in Jan- Mar and PZ gave then a list of issues to check already. May- June 2010 will go to a 6-mo period for commissioners to adopt by the end of 2010. This allows cheaper flood insurance for the whole county.
Meeting adjourned at 10:05 PM
Christine Brauer Mueller
Lawrenceburg Township
Monday, November 23, 2009
COMMISSIONER MEETING CHANGED TO MONDAY NOV 30 at 7 PM
The Commissioners meeting for Dec 1 has been moved to NOVEMBER 30- Monday at 7 PM.
It will not be a morning meeting due to conflict with Judge Blankenship's court using the room that morning.
It will not be a morning meeting due to conflict with Judge Blankenship's court using the room that morning.
Friday, November 20, 2009
PUBLIC HEARING ON DCRSD SEWER ORDINANCE YIELDS SIGNIFICANT CHANGES
DCRSD held a public hearing for their proposed sewer ordinance at 5 PM on November 19, 2009. Frank Kramer, Attorney for DCRSD, explained each item as requested and the rationale behind the ordinances as written. Stenger and Pruss were absent from the board. Renihan, Chairman, Enzweiler, Wenzel, Dennerline, and Fehrman were present.
Several members of the public spoke requesting changes primarily in the language regarding agricultural and animal wastes and on forced hook-ups for septic tank owners.
After considerable discussion both before the meeting (by commissioners) and during the meeting, the sewer board voted unanimously to pass the ordinance with the removal of section 50.002 and 50.006. They added language to change hook-ups being required if the line is 300 ft from the dwelling instead of the property line. They also cleaned up the language in 50.007 to reflect forced connections could only occur where DCRSD had a line.
The board made it clear that their intent was to allow fixing of the septic tank and field instead of hook- up, IF the owner desired that option. Most of the filled room left feeling that the changed ordinance was better suited now to their semi rural properties.
Seven bids were also opened for High Ridge Estates and C & H/M out of Milan was the lowest bid at $26,690 with alternates in the $14825 range. The highest bid was Adleta at $62,820. The rest were in the upper $30,-low $40,000 range.
Christine Brauer Mueller
Lawrenceburg Township
Several members of the public spoke requesting changes primarily in the language regarding agricultural and animal wastes and on forced hook-ups for septic tank owners.
After considerable discussion both before the meeting (by commissioners) and during the meeting, the sewer board voted unanimously to pass the ordinance with the removal of section 50.002 and 50.006. They added language to change hook-ups being required if the line is 300 ft from the dwelling instead of the property line. They also cleaned up the language in 50.007 to reflect forced connections could only occur where DCRSD had a line.
The board made it clear that their intent was to allow fixing of the septic tank and field instead of hook- up, IF the owner desired that option. Most of the filled room left feeling that the changed ordinance was better suited now to their semi rural properties.
Seven bids were also opened for High Ridge Estates and C & H/M out of Milan was the lowest bid at $26,690 with alternates in the $14825 range. The highest bid was Adleta at $62,820. The rest were in the upper $30,-low $40,000 range.
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, November 18, 2009
Info from Main Street Property Group Website- 1 June 2009 press release
Wallstreet not affecting Mainstreet Property Group
Group Breaks Ground on Another Senior Care Campus in Lafayette;
Enjoys continued growth despite economy.
June 1, 2009
Commercial construction and development are not a problem at Mainstreet Property Group, despite the turbulent economic conditions affecting other real estate development companies. Trilogy Health Systems is one of the latest recipients of such development services at an estimated $16.6 million in value.
Mainstreet Property Group is a real estate investment company focusing on the acquisition and development of properties in the senior housing and care industry, including continuing care retirement communities (CCRCs), independent living, assisted living, skilled nursing and senior apartment buildings.
Mainstreet Property Group and Trilogy Health Services have signed a strategic agreement to develop senior care campuses in key markets throughout Indiana, Michigan and Ohio. Under this agreement, Mainstreet will underwrite and develop six to eight properties per year for Trilogy through the year 2012. Mainstreet has already funded and developed several like properties in Indiana.
“A tougher economic climate means commercial loans are not as readily available as they were just a few years ago,” said V. Edward Grogg, president of Mainstreet Property Group. “Tougher times drive tougher loan scrutiny- that is where Mainstreet excels. Repeatedly we hear from our lenders that they appreciate the opportunity to do business with us, because of our careful and efficient development process.”
“We go the extra mile for our clients from the strategic to the tactical; from the way we prepare for a project, to the way we work with our clients to construct and develop properties. It is all about efficiency, accountability and responsibility,” he added.
According to a January 14, 2009 Bloomberg report, construction spending on commercial projects in the U.S. will fall this year and next as the recession prompts businesses to delay or cancel plans. Economists have predicted that non-residential construction likely will drop 11 percent in 2009 and 5 percent in 2010.
“As profits for businesses have fallen and the ability to get credit to finance projects has become far more difficult, construction plans have been put on hold or canceled outright,” said Kermit Baker, chief economist for the American Institute of Architects in a statement. “This is not expected to turn around anytime soon and it’s likely to get worse before it gets better.”
Despite the decline in commercial lending, Mainstreet will develop an additional five campuses in 2009 for its clients. The first has broken ground in Lafayette, Indiana. The Lafayette Campus will house 108 units in a combination skilled nursing / assisted living facility, and 30 units in a separate memory care / Alzheimer’s facility. During phase two of the development project, there are plans to add an additional 40 to 60 independent living units to the campus. Mainstreet is responsible for managing and underwriting the development process, owns the real estate and serves as landlord.
In Lafayette, the project site is located directly across the street from the new St. Elizabeth Hospital, and less than one mile from Clarian Hospital. The 17-acre campus will share a stoplight with St. Elizabeth. Dan Peter of Centier Bank in Lafayette provided the construction loan financing, and Meyer Najem of Fishers is the general contractor.
“We are excited to continue Mainstreet’s legacy of excellence by providing Trilogy with the funding they need for growth,” said Zeke Turner, chairman and CEO of Mainstreet Property Group. “We are proof-positive that integrity, experience and financial savvy make all the difference to a company’s success”.
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About Mainstreet Property Group
Mainstreet Property Group is a real estate investment company focusing on the acquisition and development of properties in the seniors housing and care industry, including continuing care retirement communities (CCRCs), independent living, assisted living, skilled nursing, and senior apartment buildings.
Mainstreet has investments in 17 properties, composed of 2 continuum of care retirement communities (CCRC), 5 skilled nursing facilities, 4 assisted living facilities, 1 senior garden home development, 3 apartment complexes and 2 commercial office properties. Headquartered in Cicero, Indiana, Mainstreet owns properties totaling over $75 million in value with upwards of $100 million in its current development pipeline. Mainstreet’s operating company, Mainstreet Asset Management, Inc., operates or manages six of these properties and has 145 employees.
About Trilogy Health Services
Trilogy Health Services communities offer a full range of personalized senior living services, from independent and assisted living, to skilled nursing and rehabilitative services. Trilogy’s senior living services are delivered by staff specially trained to honor, and enhance the lives of residents through compassion and commitment to exceeding customer expectations. Trilogy currently operates 56 facilities in Kentucky, Indiana, Ohio, Michigan and Illinois.
Headquartered in Louisville, Kentucky, Trilogy employs more than 6,250 and is recognized as a Best Place to Work in Kentucky and Indiana. To learn more about Trilogy Health Services visit www.trilogyhs.com.
Group Breaks Ground on Another Senior Care Campus in Lafayette;
Enjoys continued growth despite economy.
June 1, 2009
Commercial construction and development are not a problem at Mainstreet Property Group, despite the turbulent economic conditions affecting other real estate development companies. Trilogy Health Systems is one of the latest recipients of such development services at an estimated $16.6 million in value.
Mainstreet Property Group is a real estate investment company focusing on the acquisition and development of properties in the senior housing and care industry, including continuing care retirement communities (CCRCs), independent living, assisted living, skilled nursing and senior apartment buildings.
Mainstreet Property Group and Trilogy Health Services have signed a strategic agreement to develop senior care campuses in key markets throughout Indiana, Michigan and Ohio. Under this agreement, Mainstreet will underwrite and develop six to eight properties per year for Trilogy through the year 2012. Mainstreet has already funded and developed several like properties in Indiana.
“A tougher economic climate means commercial loans are not as readily available as they were just a few years ago,” said V. Edward Grogg, president of Mainstreet Property Group. “Tougher times drive tougher loan scrutiny- that is where Mainstreet excels. Repeatedly we hear from our lenders that they appreciate the opportunity to do business with us, because of our careful and efficient development process.”
“We go the extra mile for our clients from the strategic to the tactical; from the way we prepare for a project, to the way we work with our clients to construct and develop properties. It is all about efficiency, accountability and responsibility,” he added.
According to a January 14, 2009 Bloomberg report, construction spending on commercial projects in the U.S. will fall this year and next as the recession prompts businesses to delay or cancel plans. Economists have predicted that non-residential construction likely will drop 11 percent in 2009 and 5 percent in 2010.
“As profits for businesses have fallen and the ability to get credit to finance projects has become far more difficult, construction plans have been put on hold or canceled outright,” said Kermit Baker, chief economist for the American Institute of Architects in a statement. “This is not expected to turn around anytime soon and it’s likely to get worse before it gets better.”
Despite the decline in commercial lending, Mainstreet will develop an additional five campuses in 2009 for its clients. The first has broken ground in Lafayette, Indiana. The Lafayette Campus will house 108 units in a combination skilled nursing / assisted living facility, and 30 units in a separate memory care / Alzheimer’s facility. During phase two of the development project, there are plans to add an additional 40 to 60 independent living units to the campus. Mainstreet is responsible for managing and underwriting the development process, owns the real estate and serves as landlord.
In Lafayette, the project site is located directly across the street from the new St. Elizabeth Hospital, and less than one mile from Clarian Hospital. The 17-acre campus will share a stoplight with St. Elizabeth. Dan Peter of Centier Bank in Lafayette provided the construction loan financing, and Meyer Najem of Fishers is the general contractor.
“We are excited to continue Mainstreet’s legacy of excellence by providing Trilogy with the funding they need for growth,” said Zeke Turner, chairman and CEO of Mainstreet Property Group. “We are proof-positive that integrity, experience and financial savvy make all the difference to a company’s success”.
--------------------------------------------------------------------------------
About Mainstreet Property Group
Mainstreet Property Group is a real estate investment company focusing on the acquisition and development of properties in the seniors housing and care industry, including continuing care retirement communities (CCRCs), independent living, assisted living, skilled nursing, and senior apartment buildings.
Mainstreet has investments in 17 properties, composed of 2 continuum of care retirement communities (CCRC), 5 skilled nursing facilities, 4 assisted living facilities, 1 senior garden home development, 3 apartment complexes and 2 commercial office properties. Headquartered in Cicero, Indiana, Mainstreet owns properties totaling over $75 million in value with upwards of $100 million in its current development pipeline. Mainstreet’s operating company, Mainstreet Asset Management, Inc., operates or manages six of these properties and has 145 employees.
About Trilogy Health Services
Trilogy Health Services communities offer a full range of personalized senior living services, from independent and assisted living, to skilled nursing and rehabilitative services. Trilogy’s senior living services are delivered by staff specially trained to honor, and enhance the lives of residents through compassion and commitment to exceeding customer expectations. Trilogy currently operates 56 facilities in Kentucky, Indiana, Ohio, Michigan and Illinois.
Headquartered in Louisville, Kentucky, Trilogy employs more than 6,250 and is recognized as a Best Place to Work in Kentucky and Indiana. To learn more about Trilogy Health Services visit www.trilogyhs.com.
17 November 2009 Dearborn County Commissioners Meeting Notes
17 November 2009 Dearborn County Commissioners Meeting Notes
Present: Thompson, President, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
Hogan Water Corp remained tabled from 8/18/09
East Fork Road off SR1- Todd Listerman reported that Ed Cox from INDOT’s Seymour office said it would be reopened only if the safety issues were corrected. Listerman stated those would be too costly. He will report to Mr. Scharold and see if the parking lot could be created by the church for the Memorial Day ceremonies.
YES HOME lease was signed- for 25 years. It included a change regarding insurance of items the YES Home had added.
Happy Hollow- per Todd Listerman will be discussed at Dec 3 morning meeting for Commissioners.
J-cap grant application signature by Ralph Thompson was ratified by commissioners.
NEW BUSINESS:
Plan Commission- Mark McCormack presented the vacation of alleys and streets in the old town of Chesterville. This came from the Plan Commission with all six of the nine PC members voting for a favorable recommendation. Commissioners concurred and approved this- with no public wishing to speak on it at the public hearing.
Ron Stegman and Michelle Stegman along with 2 other neighbors addressed the commissioners regarding the closing of Kuebel Road. Stegmans lived there 33 years and stated that the closing with 2 days notice has impacted the people along the road. Gas costs for the increased mileage to drive an additional 50 miles a week (2400 miles a year) for their jobs etc. One of his neighbors just below him now is essentially an 8-mile drive away. EMS response issue for children and elderly on the road are issues. Road blockage from windstorm in the past- this was the only way out at the time. Shopping has shifted out of the county as it is easier than going all the way around.
Discussion with Listerman and commissioners included the bridge rating of zero on a scale of 100, costs to fix the bridge, and money issues for highway work and deteriorating bridges in general. Stegmans praised commissioners for their efforts and they will continue to look at options. This is the third bridge to close a road in the last 2 years. [NOTE: Highway funding is a big issue- in a growing county we keep adding subdivision road but we are not keeping up with the old ones we have. Ignoring this problem will only lead to a bigger one down the road, no pun intended. I foresee a tax increase or else Council will have to take a look at all the other expenses and see what can be cut.]
Highway Dept- Todd Listerman gave a 25-minute report:
1. Change order with no money involved was signed to clean up paperwork on Bells Branch Bridge.
2. North Dearborn agreement with INDOT was signed and is shelf ready in case anything opens up before 2013, when it is scheduled to start. This is an 80/20 project and Council has set aside the 20 %.
3. Yorkridge was awarded for resurface- the last of the stimulus money- set for the spring of 2010.
4. ITS cameras etc will be completed on I-275 by spring 2010. This is 100% fed funding.
5. Several new roads were accepted into the county road inventory for maintenance. Three Maxwell subdivisions and one Linkmeyer one. Commissioners approved the following:
HARLEY SPRINGS: EZ Way (0.65mi), Kboy ( 0.12 mi), Shadow ( 0.14 mil), and Heritage Trail 0.15 mi)
HARVEST RIDGE PHASE 1: This includes a bond on Harvest Ridge to stay in place for construction damage for Phase 2. Harvest Ridge West ( 0.02 mi), Winterberry Way ( 0.09 mi), and Hummingbird Court ( 0.15 mi)
CHAPPELLOW Ridge Road- added 100 ft for 0.02 mi
ROOKWOOD ESTATES: Rookwood Dr ( 0.61 mi), Rolling Rolling Ridge Court (0.03 mi), and Valley Ridge Court ( 0.09 mi)
6. Randall Avenue Property for Highway Dept etc. passed inspections on land and building. Building will be upgraded to garage, but that was in budget and known. Thompson will sign for the county at closing with Witte in attendance. [NOTE: There has been talk of using that site for the animal shelter as it has better access and visibility.]
7. INDOT Thurs- 1-5 PM open house in Seymour for highway projects 2010 - 2013 in the county and surrounding area. Listerman will attend. These can be viewed online also at INDOT site.
8. Box culvert installed on Trackville, pipe structure replaced on North Dearborn and also on Bonnell-(costs in the $10-30,000 range)
9. Zimmer Tractor had lowest of three quotes for loader at $35,795. Accepted. Other quotes were CAT and Smith from Rushville. Listerman noted the business was local- also a good thing.
10. Speed limits will be reassigned throughout the county with engineering studies to comply with state law. New school limits per the state code will be 30 mph. Ordinance including all signage and locations will be written when this is completed. Current state law allows 55 mph on state roads!
Pickens- Auditor- claims and minutes signed. He had also signed off on health plan renewal. Thompson noted some new insurance was required for scuba activities with EMA being a liability.
Witte- Attorney- no new litigation. One tort claim for a US 50 wreck- no problem.
Meeting with Tucker regarding Seldom Seen bond issues and roads set for this week.
Went over Bill Black's contracts for Homeland Security grants and a woman (Tracy Lightfield) hired as administrator who is NOT a salaried employee, but works out of her home for the district 9. All approved and signed. These are reimbursed to the county at 100% but Pickens said “the state is like STP- slow to pay”
Black also had this week declared as Winter Weather Preparedness Week. Proclamation signed.
Witte- also advised the Commissioners with appointments coming up that he and Sheldon Rox have a database of people who are willing to serve on boards etc to include more diversity.
Thompson said he will try to get the paper to announce the boards and positions open for appointments so people can submit their names and credentials.
Thompson- said Ch 19 answered their letter and they are willing to help once a month with pet adoptions. WSCH does also. Local rescues are being contacted and so are sources for food and supplies for freebies and lower rates.
LATE ARRIVAL: Mr. Turner of Main St Property Group- the real estate group handling the multi-tiered living site for the nursing home, assisted, and memory care units along SR 48 by the hospital presented their stats including 150 jobs and 4.5 million payroll in Phase 1 and 35-50 jobs and $2 million payroll in Phase 2. Their attorney (Jeremy ??) and Rich Starkey of Barnes and Thornburgh worked through DCEDI etc to get financing set up.
They have a NEW POSSIBILITY under the stimulus act for tax-exempt bonds as they can qualify as a RECOVERY ZONE FACILITY- for anyone that faced an economic hardship. They normally do not qualify for tax-exempt status as a private entity. They need an additional $2.7 million to finish the project and want to seek that in bonds. He claims this does NOT impact any debt limits the county has. [NOTE: If not- why not go through Lawrenceburg- most of the project is in city limits and the rest will be annexed after the 2010 census is completed. Did Lawrenceburg say no? Lawrenceburg already helped finance the excavation of that site as there was a LARGE amount of earth to be moved.]
Main Street Propert Group also wants the county to consider making this a TIF district so they can use the increased tax revenue (over and above the current revenue only) to help pay off the bonds. [NOTE: Again- why isn’t Lawrenceburg doing that- it is going to be mostly their district and revenue. This also hurts the local schools, library, EMS funds, etc.]
Pickens said- you are basically paying yourselves. Answer- YES. A private organization- Main Street Real Estate Management will get this. [NOTE: What about the other local nursing homes and assisted living along SR 48. There was a new one proposed across from Sunrise Estates also on SR 48. Is it fair or even desirable to help one private entity in competition with others in the area? This is a good project- but we have to be careful about mixing public interests with private companies, especially ones with this many local competitors.]
Next step is to get more info to commissioners on this. DCEDI consultant Jim Kinnett accompanied Main Street to this meeting. For info on Main Street see http://www.mainstreetcap.net/news.asp?pageview=wallstreet
PUBLIC COMMENT:
Phil Darling asked about how to get legislature to take the $85 million from state police that comes out of highway funds. AIC and others have lobbied for this per Pickens- to no avail. They did ask him to add his voice to their – the more squeaky wheels- the more chance of change. Aging infrastructure issues abound all over the country- funding needs to be sought. [NOTE- Now that is what a tax-exempt bond would be better used for!]
Meeting adjourned at 9:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Thompson, President, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
Hogan Water Corp remained tabled from 8/18/09
East Fork Road off SR1- Todd Listerman reported that Ed Cox from INDOT’s Seymour office said it would be reopened only if the safety issues were corrected. Listerman stated those would be too costly. He will report to Mr. Scharold and see if the parking lot could be created by the church for the Memorial Day ceremonies.
YES HOME lease was signed- for 25 years. It included a change regarding insurance of items the YES Home had added.
Happy Hollow- per Todd Listerman will be discussed at Dec 3 morning meeting for Commissioners.
J-cap grant application signature by Ralph Thompson was ratified by commissioners.
NEW BUSINESS:
Plan Commission- Mark McCormack presented the vacation of alleys and streets in the old town of Chesterville. This came from the Plan Commission with all six of the nine PC members voting for a favorable recommendation. Commissioners concurred and approved this- with no public wishing to speak on it at the public hearing.
Ron Stegman and Michelle Stegman along with 2 other neighbors addressed the commissioners regarding the closing of Kuebel Road. Stegmans lived there 33 years and stated that the closing with 2 days notice has impacted the people along the road. Gas costs for the increased mileage to drive an additional 50 miles a week (2400 miles a year) for their jobs etc. One of his neighbors just below him now is essentially an 8-mile drive away. EMS response issue for children and elderly on the road are issues. Road blockage from windstorm in the past- this was the only way out at the time. Shopping has shifted out of the county as it is easier than going all the way around.
Discussion with Listerman and commissioners included the bridge rating of zero on a scale of 100, costs to fix the bridge, and money issues for highway work and deteriorating bridges in general. Stegmans praised commissioners for their efforts and they will continue to look at options. This is the third bridge to close a road in the last 2 years. [NOTE: Highway funding is a big issue- in a growing county we keep adding subdivision road but we are not keeping up with the old ones we have. Ignoring this problem will only lead to a bigger one down the road, no pun intended. I foresee a tax increase or else Council will have to take a look at all the other expenses and see what can be cut.]
Highway Dept- Todd Listerman gave a 25-minute report:
1. Change order with no money involved was signed to clean up paperwork on Bells Branch Bridge.
2. North Dearborn agreement with INDOT was signed and is shelf ready in case anything opens up before 2013, when it is scheduled to start. This is an 80/20 project and Council has set aside the 20 %.
3. Yorkridge was awarded for resurface- the last of the stimulus money- set for the spring of 2010.
4. ITS cameras etc will be completed on I-275 by spring 2010. This is 100% fed funding.
5. Several new roads were accepted into the county road inventory for maintenance. Three Maxwell subdivisions and one Linkmeyer one. Commissioners approved the following:
HARLEY SPRINGS: EZ Way (0.65mi), Kboy ( 0.12 mi), Shadow ( 0.14 mil), and Heritage Trail 0.15 mi)
HARVEST RIDGE PHASE 1: This includes a bond on Harvest Ridge to stay in place for construction damage for Phase 2. Harvest Ridge West ( 0.02 mi), Winterberry Way ( 0.09 mi), and Hummingbird Court ( 0.15 mi)
CHAPPELLOW Ridge Road- added 100 ft for 0.02 mi
ROOKWOOD ESTATES: Rookwood Dr ( 0.61 mi), Rolling Rolling Ridge Court (0.03 mi), and Valley Ridge Court ( 0.09 mi)
6. Randall Avenue Property for Highway Dept etc. passed inspections on land and building. Building will be upgraded to garage, but that was in budget and known. Thompson will sign for the county at closing with Witte in attendance. [NOTE: There has been talk of using that site for the animal shelter as it has better access and visibility.]
7. INDOT Thurs- 1-5 PM open house in Seymour for highway projects 2010 - 2013 in the county and surrounding area. Listerman will attend. These can be viewed online also at INDOT site.
8. Box culvert installed on Trackville, pipe structure replaced on North Dearborn and also on Bonnell-(costs in the $10-30,000 range)
9. Zimmer Tractor had lowest of three quotes for loader at $35,795. Accepted. Other quotes were CAT and Smith from Rushville. Listerman noted the business was local- also a good thing.
10. Speed limits will be reassigned throughout the county with engineering studies to comply with state law. New school limits per the state code will be 30 mph. Ordinance including all signage and locations will be written when this is completed. Current state law allows 55 mph on state roads!
Pickens- Auditor- claims and minutes signed. He had also signed off on health plan renewal. Thompson noted some new insurance was required for scuba activities with EMA being a liability.
Witte- Attorney- no new litigation. One tort claim for a US 50 wreck- no problem.
Meeting with Tucker regarding Seldom Seen bond issues and roads set for this week.
Went over Bill Black's contracts for Homeland Security grants and a woman (Tracy Lightfield) hired as administrator who is NOT a salaried employee, but works out of her home for the district 9. All approved and signed. These are reimbursed to the county at 100% but Pickens said “the state is like STP- slow to pay”
Black also had this week declared as Winter Weather Preparedness Week. Proclamation signed.
Witte- also advised the Commissioners with appointments coming up that he and Sheldon Rox have a database of people who are willing to serve on boards etc to include more diversity.
Thompson said he will try to get the paper to announce the boards and positions open for appointments so people can submit their names and credentials.
Thompson- said Ch 19 answered their letter and they are willing to help once a month with pet adoptions. WSCH does also. Local rescues are being contacted and so are sources for food and supplies for freebies and lower rates.
LATE ARRIVAL: Mr. Turner of Main St Property Group- the real estate group handling the multi-tiered living site for the nursing home, assisted, and memory care units along SR 48 by the hospital presented their stats including 150 jobs and 4.5 million payroll in Phase 1 and 35-50 jobs and $2 million payroll in Phase 2. Their attorney (Jeremy ??) and Rich Starkey of Barnes and Thornburgh worked through DCEDI etc to get financing set up.
They have a NEW POSSIBILITY under the stimulus act for tax-exempt bonds as they can qualify as a RECOVERY ZONE FACILITY- for anyone that faced an economic hardship. They normally do not qualify for tax-exempt status as a private entity. They need an additional $2.7 million to finish the project and want to seek that in bonds. He claims this does NOT impact any debt limits the county has. [NOTE: If not- why not go through Lawrenceburg- most of the project is in city limits and the rest will be annexed after the 2010 census is completed. Did Lawrenceburg say no? Lawrenceburg already helped finance the excavation of that site as there was a LARGE amount of earth to be moved.]
Main Street Propert Group also wants the county to consider making this a TIF district so they can use the increased tax revenue (over and above the current revenue only) to help pay off the bonds. [NOTE: Again- why isn’t Lawrenceburg doing that- it is going to be mostly their district and revenue. This also hurts the local schools, library, EMS funds, etc.]
Pickens said- you are basically paying yourselves. Answer- YES. A private organization- Main Street Real Estate Management will get this. [NOTE: What about the other local nursing homes and assisted living along SR 48. There was a new one proposed across from Sunrise Estates also on SR 48. Is it fair or even desirable to help one private entity in competition with others in the area? This is a good project- but we have to be careful about mixing public interests with private companies, especially ones with this many local competitors.]
Next step is to get more info to commissioners on this. DCEDI consultant Jim Kinnett accompanied Main Street to this meeting. For info on Main Street see http://www.mainstreetcap.net/news.asp?pageview=wallstreet
PUBLIC COMMENT:
Phil Darling asked about how to get legislature to take the $85 million from state police that comes out of highway funds. AIC and others have lobbied for this per Pickens- to no avail. They did ask him to add his voice to their – the more squeaky wheels- the more chance of change. Aging infrastructure issues abound all over the country- funding needs to be sought. [NOTE- Now that is what a tax-exempt bond would be better used for!]
Meeting adjourned at 9:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, November 10, 2009
DRAFT AGENDA COMMISSIONER'S MEETING 17 NOV 2009
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 17, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. YES Home Lease – tabled from 9/1/09
4. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Planning and Zoning
Vacate streets and alleys within Town of Chesterville
2. Ron Stegman – Kuebel Rd. closing
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. North Dearborn Rd. agreement
3. Harley Springs Subdivision acceptance
4. Harvest Ridge Phase 1 acceptance
5. Chappelow Ridge Extension acceptance
6. Rockwood Subdivision acceptance
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 17, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. YES Home Lease – tabled from 9/1/09
4. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Planning and Zoning
Vacate streets and alleys within Town of Chesterville
2. Ron Stegman – Kuebel Rd. closing
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. North Dearborn Rd. agreement
3. Harley Springs Subdivision acceptance
4. Harvest Ridge Phase 1 acceptance
5. Chappelow Ridge Extension acceptance
6. Rockwood Subdivision acceptance
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
Tuesday, November 03, 2009
Dearborn County Sewer Board PUBLIC HEARING- Includes HOOK-UPS within 300 ft
SEE RED TEXT FOR SEPTIC TANK OWNERS ( you will need to scroll to 3 separate sections of this proposed ordinance)
NOTICE OF PUBLIC HEARING
The Dearborn County Regional Sewer District will conduct a public hearing on Thursday, November 19, 2009, at 5:00 p.m. to consider adoption of the following ordinance. The hearing will be held on the Commissioners Room of the Dearborn County Administration Building at 215B West High Street, Lawrenceburg, Indiana.
DEARBORN COUNTY REGIONAL SEWER DISTRICT ORDINANCE 2009-2
An Ordinance adopting a Code of Regulations by the Dearborn County Regional Sewer District (“the District’); WHEREAS, the District is in need of a Code of Regulations for the following purposes: (1) Protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of use by any person, and preserve order in and adjacent to the works. (2) Prescribe the manner: (A) in which ditches, sewers, pipelines, or other works should be adjusted to or connected with the works of th e district; and
(B) of waste disposal in the district. (3) Prescribe the permissible uses of the water supply and the manner of distribution and prevent
the pollution or unnecessary waste of the water supply. (4) Prohibit or regulate the discharge into the
sewers of the district of liquid or solid waste detrimental to the works and improvements.
NOW, THEREFORE, BE IT ORDAINED BY the District that the following Code of Regulations
are hereby adopted:
RULES AND REGULATIONS
General Provisions
50.001 Definitions
50.002 Depositing objectionable waste prohibited
50.003 Discharging storm water, unpolluted waters and the like
50.004 Depositing wastewater in unsanitary manner within Regional Sewer District
50.005 Discharge of untreated sewage or other polluted wastes to natural outlets
50.006 Privies, septic tanks and other facilities.
50.007 Owner’s responsibility to install suitable toilet facilities.
50.008 Tampering with or damaging Regional Sewer District equipment
50.009 Right of entry for purpose of inspection; indemnification; easements on private property
50.010 Appeal procedure Private Sewage Disposal System
50.025 Connecting building sewer to private sewage disposal
50.031 Noninterference with additional requirements
Building Sewers and Connections
50.045 Connection permit required
50.046 Building sewer permits; permit and inspection fee
50.047 Costs and expenses of installation and connection of building sewer; indemnification
50.048 Separate building sewer provided for every building
50.049 Use of old building sewers with new buildings
50.050 Size, slope and alignment; conformance to building and plumbing code or other applicable regulations
50.051 Elevation of building sewers
50.052 Sources of surface runoff or groundwater
50.053 Connection of building sewer into public sewer, conformance
50.054 Inspection of connection to public sewer
50.055 Excavations
Use of Public Sewers
50.065 Prohibited discharges to public sewer
50.066 Pretreatment, equalization of waste flows
50.067 Preliminary treatment facilities
50.068 Control manholes; measurements, tests and analyses
50.069 Industrial wastes; special agreement
50.070 Discharge of waters from air conditions, cooling, condensing systems or swimming pools.
Pretreatment Requirements
50.080 Compliance with rules and regulations
50.081 Pretreatment or control facilities
50.082 Pretreatment of waters polluted with insoluble oils, grease or suspended solids
50.083 Users to supply information on sewage flow and characteristics
50.084 Determination of strength of sewage through sampling and analysis
50.085 Grease, oil and sand interceptors
50.086 Accidental discharges; notification to Regional Sewer District
50.087 Compliance with state or federal requirements
GENERAL PROVISIONS
§50.001 DEFINITIONS.
For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIOCHEMICAL OXYGEN DEMAND (or BOD).
The quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five at 20°C.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning five feet outside the building wall.
(1) SANITARY BUILDING DRAIN. A building drain which conveys sanitary or industrial sewage only.
(2) STORM BUILDING DRAIN. A building drain which conveys storm water or other clearwater drainage, but no wastewater.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (Also called house connection.)
(1) SANITARY BUILDING SEWER. A building sewer which conveys sanitary or industrial sewage only.
(2) STORM BUILDING SEWER. A building sewer which conveys storm-waste or other clearwater drainage, but no sanitary or industrial sewage.
CODE. The Code of Regulations of the Regional Sewer District.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.
Examples of the additional pollutants which may be considered compatible include:
(1) Chemical oxygen demand,
(2) Total organic carbon,
(3) Phosphorus and phosphorus compounds,
(4) Nitrogen and nitrogen compounds, and
(5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of
the treatment works).
DIRECTOR OR REGIONAL SEWER DISTRICT.
The Director of Sewers of the Regional Sewer District, or his or her authorized deputy, agent or representative.
DISTRICT. Dearborn County’s unincorporated areas currently unserved by a municipal provider or by the current boundaries of the South Dearborn Regional Sewer District.
EASEMENT. An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Regional Sewer District.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage
and sale of produce.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from employee wastes or wastes from sanitary conveniences.
iNFILTRATION. The water entering a sewer system, (including building drains and sewers), from the ground, through defects in the system such as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.)
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW.The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash
waters or drainage. (Inflow does not include, and is distinguished from, infiltration.)
INSPECTOR. The person or persons duly authorized by the Regional Sewer District, through its Common Council, to inspect and
approve the installation of building sewers and their connection to the public sewer system.
MAJOR CONTRIBUTING INDUSTRY. AN INDUSTRY
THAT:
(1) Has a flow of 50,000 gallons or more per average work day;
(2) Has a flow greater than 5% of the flow carried by the Regional Sewer District system receiving the waste;
(3) Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under
33 USC 1317(a); or
(4) Has a significant impact, either single or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to 33 USC 1342.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NH3N. The same as Ammonia Nitrogen measured as Nitrogen. The laboratory determinations shall be made in accordance with procedures
set forth in “Standard Methods” as defined in the definition of SLUG.
NORMAL DOMESTIC SEWAGE. The same meaning as defined in § 50.100.
P or PHOSPHOROUS. The chemical element Phosphorous pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
PERSON. Any individual, firm, company, association, society, corporation, group or other entity.
PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
PRIVATE SEWER. A sewer which is not owned by a public authority.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater 1/2 inch in any dimension.
PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(3) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
REGIONAL SEWER DISTRICT. The Dearborn County Regional Sewer District as forms by Order of the Indiana Department of Environmental Management on November 17, 2003 and governed by its Board of Directors.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes and to which storm, surface and ground water are not intentionally admitted.
SEWAGE. The combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions,
(including polluted cooling water). The three most commonly types of sewage are:
(1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
(2) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
(3) SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilets and other sanitary plumbing facilities.
SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of
the effluent and accumulated residual solids.
SEWER. A pipe or conduit for carrying sewage.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten minutes more than three times the average 24 hours concentration of flows during normal operation and shall
adversely affect the collection system.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the
Examination of Water Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial
wastes are not intentionally admitted.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are
removable by laboratory filtering under standard laboratory procedure.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to 33 USC 13 17(a).
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55°C for 15 to 20 minutes.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
§ 50.002 DEPOSITING OBJECTIONABLE WASTE PROHIBITED.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within
the Regional Sewer District or in any area under the jurisdiction of the Regional Sewer District any human or animal excrement,garbage or other objectionable waste.
§ 50.003 DISCHARGING STORMWATER, UNPOLLUTED WATERS AND THE LIKE.
(A) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm waters, surface water, or
unpolluted industrial process water. The Regional Sewer District shall require the removal of unpolluted waters from any wastewater collection or treatment facility.
(B) Storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. NO person shall uses such
sewers, however, without the specific written permission of the Regional Sewer District. No new connection shall be made to any sanitary
or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant,
including capacity for BOD and suspended solids.
§ 50.004 DEPOSITING WASTEWATER IN UNSANITARY MANNER WITHIN REGIONAL SEWER DISTRICT.
No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Regional Sewer District any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.005 DISCHARGE OF UNTREATED SEWAGE OR OTHER POLLUTED WASTES TO NATURAL OUTLETS.
No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.006 PRIVIES, SEPTIC TANKS AND OTHER FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
§ 50.007 OWNER’S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, which is not connected to an approved sanitary sewage disposal system, situated within the Regional Sewer District and abutting on any street, alley or right-of-way in which there is not located a public sanitary sewer of the Regional Sewer District is required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Code, within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line. Within the District, where public sewers are available and located within 300 feet of a property owner’s property line, the owners of all new
dwellings or buildings used for human occupancy, employment, recreation or other purposes, shall install, at their expense, such facilities
necessary to connect to the sanitary sewer of the District. As a condition of connection to a public sewer, the owner(s) shall grant a right of access easement to the building sewer to the Regional Sewer District for the purpose of repair and inspection.
§ 50.008 TAMPERING WITH OR DAMAGING REGIONAL SEWER DISTRICT EQUIPMENT.
No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Regional Sewer District sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
§ 50.009 RIGHT OF ENTRY FOR PURPOSE OF INSPECTION; INDEMNIFICATIONS; EASEMENTS ON PRIVATE PROPERTY.
(A) The Director of the Regional Sewer District, Inspector and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Code. The Director of the Regional Sewer District or his or her representative of this Code. The Director of the Regional Sewer District or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Director of the Regional Sewer District or duly authorized employees and/or agents of the Regional Sewer District shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Regional Sewer District employees
and/or agents, and the Regional Sewer District employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.068(B).
(C) The Director of the Regional Sewer District and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all private properties through which the Regional Sewer District holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within that easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property
involved.
§ 50.010 APPEAL PROCEDURE
The rules and regulations promulgated by the Regional Sewer District, shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Director of the Regional Sewer District concerning sewage system of the
Board of the Regional Sewer District may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the
Indiana Administrative Adjudication Act.
PRIVATE SEWAGE DISPOSAL SYSTEM
§ 50.025 CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL.
Where a public sanitary sewer is not availableunder the provisions of § 50.006(B), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subCode, the building sewer shall be connected to a private sewer disposal system complying with the provisions of the Code of Ordinances of Dearborn County and the State Board of Health.
§ 50.031 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS
No statement contained in this Code shall be construed to interfere with nay additional requirements that may be imposed by the
Dearborn County Health Officer.
BUILDING SEWERS AND CONNECTIONS
§ 50.045 CONNECTION PERMIT REQUIRED.
No unauthorized person shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Regional Sewer District.
§ 50.046 BUILDING SEWER PERMITS; PERMIT
AND INSPECTION FEE.
(A) (1) There shall be two classes of building
sewer permits:
(a) For residential and commercial service,
and
(b) For service to establishments producing
industrial wastes.
(2) In either case, the owner or his or her agent
shall make application on a special form furnished
by the Regional Sewer District. The permit
application shall be supplemented by any
plans, specifications or other information considered
pertinent in the judgment of the
Inspector.
(B) A permit and inspection fee of $________
for residential or commercial building sewer
permit and $_________ for an industrial building
sewer permit shall be paid to the Regional
Sewer District at the time the application is
filed. The inspection shall take place during
normal regular working hours.
§ 50.047 COSTS AND EXPENSES OF INSTALLATION
AND CONNECTION OF BUILDING
SEWER, INDEMNIFICATION.
All costs and expenses incident to the installation
and connection of the building sewer
shall be borne by the owner(s). The owner(s)
shall indemnify the Regional Sewer District
from any loss or damage that may directly or
indirectly be occasioned by the installation of
the building sewer.
§ 50.048 SEPARATE BUILDING SEWER PROVIDED
FOR EVERY BUILDING.
A separate and independent building sewer
shall be provided for every building; except
where one building stands at the rear of another
on an interior lot and no private sewer is
available or can be constructed to the rear
building through an adjoining alley, courtyard
or driveway, the building sewer from the front
building may be extended to the rear building
and the whole considered as one building
sewer.
§ 50.049 USE OF OLD BUILDING SEWERS
WITH NEW BUILDINGS.
Old building sewers may be used in connection
with new buildings only when they are
found, on examination and test by the
Inspector, to meet all requirements of this
Code.
§ 50.050 SIZE, SLOPE AND ALIGNMENT; CONFORMANCE
TO BUILDING AND PLUMBING
CODE OR OTHER APPLICABLE REGULATIONS.
The size, slope, alignment, materials of construction
of a building sewer and the methods
to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench shall
all conform to the requirements of the Code of
Ordinances of Dearborn County and/or its rules
and regulations or other applicable rules and
regulations of the Regional Sewer District. In
the absence of code provisions or in amplification
thereof, the materials and procedures set
forth in appropriate specifications of the
A.S.T.M. and S.P.C.F. Manual of Practice No. FD-
9 shall apply.
§ 50.051 ELEVATION OF BUILDING SEWERS.
Whenever possible, the building sewer shall
be brought to the building at an elevation below
the basement floor. In all buildings in which any
building drain is too low to permit gravity flow
to the public sewer, sanitary sewer carried by
such building drain shall be lifted by an
approved means and discharged to the building
sewer.
§ 50.052 SOURCES OF SURFACE RUNOFF OR
GROUNDWATER.
No person(s) shall make connection of roof
downspouts, exterior foundation drains,
areaway drains or other sources of surface
runoff or ground water to a building sewer or
building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
§ 50.053 CONNECTION OF BUILDING SEWER
INTO PUBLIC SEWER; CONFORMANCE.
The connection of the building sewer into the
public sewer shall conform to the requirements
of the Code or Ordinances of Dearborn County
and/or its rules and regulations or other applicable
rules and regulations of the Regional
Sewer District or the procedures set forth in
appropriate specifications of the A.S.T.M. and
the S.P.C.F. Manual of Practice in No. FD-9. All
such connections shall be made gas tight and
water tight. Any deviation from the prescribed
procedures and materials must be approved by
the Director of the Regional Sewer District
before installations.
§ 50.054 INSPECTION OF CONNECTION TO
PUBLIC SEWER.
The applicant for the building sewer permit
shall notify the Inspector when the building
sewer is ready for inspection and connection to
the public sewer. The connection and testing
shall be made under the supervision of the
Inspector or his or her representative. The
applicant shall provide access to all structures
(and areas of structures) to the Inspector for
the purpose of establishing compliance with
this Code.
§ 50.055 EXCAVATIONS.
All excavations for building sewer installation
shall be adequately guarded with barricades
and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other
public property disturbed in the course of the
work shall be restored in a manner satisfactory
to the Regional Sewer District.
USE OF PUBLIC SEWERS
§ 50.065 PROHIBITED DISCHARGES TO PUBLIC
SEWER.
No person shall discharge or cause to be discharged
any of the following described waters
or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or
gas.
(B) Any waters or wastes containing toxic (as
described in Section 307A of the Clean Water
Act) or poisonous solids, liquids or gases in
sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with
any sewage treatment process, constitute a
hazard to humans or animals, create a pubic
nuisance, or create any hazard in the receiving
waters of the sewage treatment plant.
(C) Any waters or wastes having a pH lower
than 5.5 or having any other corrosive property
capable of causing damage or hazard to structures,
equipment and personnel of the sewage
works or interfere with any treatment process.
(D) Solid or viscous substances in quantities
or of such size capable of causing obstruction
to the flow in sewers or other interference with
the proper operation of the sewage works such
as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings,
entrails, paper, dishes, cups, milk containers
and the like, either whole or ground by
garbage grinders.
(E) Any waters or wastes containing phenols
or other taste or order producing substances,
in such concentrations exceeding limits which
may be established by the Director of the
Regional Sewer District as necessary, after
treatment of the composite sewage, to meet the
requirements of the state, federal or other public
agencies of jurisdiction of such discharge to
the receiving waters.
(F) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits
established by the Director of The Regional
Sewer District in compliance with applicable
state or federal regulations.
(G) Any waters or wastes having pH in excess
of 9.5.
(H) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(3) Unusual BOD, chemical oxygen demand or
chlorine requirements in such quantities as to
constitute a significant load on the sewage
treatment works.
(4) Unusual volume of flow or concentration of
wastes constituting “slugs” as defined in §
50.001.
(1) Waters or wastes containing substances
which are not amendable to treatment or reduction
by the sewage treatment processes
employed, or are amendable to treatment only
to such degree that the sewage treatment effluent
cannot meet the requirements of other
agencies having jurisdiction over discharge to
the receiving waters.
§ 50.066 PRETREATMENT, EQUALIZATION OF
WASTE FLOWS.
(A) If any waters or wastes are discharged, or
are proposed to be discharged, to the public
sewers, which waters contain the substances
or possess the characteristics enumerated in §
50.065, and which in judgment of the Director of
the Regional Sewer District may have a deleterious
effect upon the sewage works, processes,
equipment or receiving waters, or which otherwise
create a hazard to life or constitute a public
nuisance, the Director of the Regional Sewer
District may:
(1) Require new industries (or other large
users) or industries (or other large users) with
significant increases in discharges to submit
information on wastewater quantities and characteristics
and obtain prior approval for discharges.
(2) Reject the wastes in whole or in part for
any reason deemed appropriate by the
Regional Sewer District,
(3) Require pretreatment of such wastes to
within the limits of normal sewage as defined,
(4) Require control or flow equalization of
such wastes so as to avoid any “slug” loads or
excessive loads that may be harmful to the
treatment works, or
(5) Require payment of a surcharge on any
excessive flows or loadings discharged to the
treatment works to cover the additional costs of
having capacity for and treating such wastes.
(B) If the Director of the Regional Sewer
District permits the pretreatment or equalization
of waste flows, the design and installation
of the plant and equipment shall be subject to
the review and approval of the Director of the
Regional Sewer District and subject to the
requirements of all applicable codes, ordinances
and laws.
§ 50.067 PRELIMINARY TREATMENT FACILITIES.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or
wastes, they shall be maintained continuously
in satisfactory and effective operation by the
owner at his or her expense.
§ 50.068 CONTROL MANHOLE; MEASUREMENTS,
TESTS AND ANALYSES.
(A) When required by the Director of the
Regional Sewer District, the owner of any property
services by a building sewer carrying
industrial wastes shall install a suitable control
manhole together with such necessary meters
and other appurtenances in the building sewer
to facilitate observation, sampling and safely
located, and shall be constructed in accordance
with plans approved by the Director of
the Regional Sewer District. The manhole shall
be installed by the owner at his or her expense
and shall be maintained so as to be safe and
accessible at all times. Agents of the Regional
Sewer District, the state water pollution control
agencies and the U.S. Environmental
Protection Agency shall be permitted to enter
all properties for the purpose of inspection,
observation, measurement, sampling and testing.
(B) All measurements, tests and analyses of
the characteristics of waters and wastes to
which reference is made in this Code shall be
determined in accordance with the latest edition
of “Standard Methods of the Examination
of Water and Wastewater,” published by the
American Public Health Association and shall
be determined at the control manhole provided,
or upon suitable samples taken at the control
manhole, except for applications for
NPDES permits and report thereof which shall
be conducted in accordance with rules and
regulations adopted by the USEPA (40 CFR
136). In the event that no special manhole has
been required, the control manhole shall be
considered to be the nearest downstream manhole
in the public sewer to the point at which
the building sewer is connected. Sampling
shall be carried out by customarily accepted
methods to reflect the effect of constituents
upon the sewage works and to determine the
existence of hazards to life, limb and property.
The particular analyses involved will determine
whether a 24 hour composite of all outfalls of a
premises is appropriate or whether a grab
sample or samples should be taken. Normally,
but not always, BOD and suspended solids
analyses are obtained from 24 hour composites
of all outfalls, whereas pH’s are determined
from periodic grab samples.
§ 50.069 INDUSTRIAL WASTES; SPECIAL
AGREEMENT.
No statement contained in this Code shall be
construed as preventing any special agreement
or arrangement between the Regional
Sewer District and any industrial concern
whereby an industrial waste of unusual
strength or character may be accepted by the
Regional Sewer District for treatment, subject
to payment therefore, by the industrial concern,
at such rates as are compatible with §§
50.100 et seq.
§ 50.070 DISCHARGE OF WATERS FROM AIR
CONDITIONERS, COOLING, CONDENSING
SYSTEMS OR SWIMMING POOLS.
Unpolluted water from air conditioners, cooling,
condensing systems or swimming pools
shall be discharged to a storm water, where it
is available, or to a combined sewer approved
by the Regional Sewer District. Where a storm
sewer is not available, discharge may be to a
natural outlet approved by the Regional Sewer
District and by the state. Where a storm sewer,
combined sewer or natural sewer is not available,
such unpolluted water may be discharged
to a sanitary sewer pending written approval
by the Regional Sewer District.
PRETREATMENT REQUIREMENTS
§ 50.080 COMPLIANCE WITH RULES AND
REGULATIONS.
Pretreatment of industrial wastes from major
contributing industries prior to discharge to
the treatment works is required and is subject
to the rules and regulations adopted by the
United States Environmental Protection
Agency (USEPA) (40 CFR 403) and “Guidelines
Establishing Test Procedures for Analysis of
Pollutants” (40 CFR 136), in addition to any
more stringent requirements established by
the Regional Sewer District and any subsequent
state or federal guidelines and rules and
regulations.
§ 50.081 PRETREATMENT OR CONTROL
FACILITIES.
Plans, specifications and any other pertinent
information relating to pretreatment or control
facilities shall be submitted for approval of the
Regional Sewer District, and no construction
of such facilities shall be commenced until
approval in writing is granted. Where such
facilities are provided, they shall be maintained
continuously in satisfactory and effective
operating order by the owner at his or her
expense and shall be subject to periodic
inspection by the Regional Sewer District to
determine that such facilities are being operated
in conformance with applicable federal,
state and local laws and permits. The owner
shall maintain operating records and shall submit
to the Regional Sewer District a monthly
summary report of the character of the influent
and effluent to show the performance of the
treatment facilities and for comparison against
Regional Sewer District monitoring records.
§ 50.082 PRETREATMENT OF WATERS POLLUTED
WITH INSOLUBLE OILS, GREASE OR
SUSPENDED SOLIDS.
Industrial cooling water, which may be polluted
with insoluble oils or grease or suspended,
solids, shall be pretreated for removal of pollutants
and the resultant clear water shall be discharged
in accordance with this Code.
§ 50.083 USERS TO SUPPLY INFORMATION
ON SEWAGE FLOW AND CHARACTERISTICS.
The Regional Sewer District may require
users of the treatment works, other than residential
users, to supply pertinent information
on wastewater flows and characteristics. Such
measurements, tests and analysis shall be
made at the users’ expenses. If made by the
Regional Sewer District, an appropriate charge
may be assessed to the user at the option of he
Regional Sewer District.
§ 50.084 DETERMINATION OF STRENGTH OF
SEWAGE THROUGH SAMPLING AND ANALYSIS.
The strength of wastewaters shall be determined,
for periodic establishment of charges
provided for in this Code from samples taken
at the aforementioned structure at any period
of time and of such duration and in such manner
as the Director of the Regional Sewer
District may elect, or, at any place mutually
agreed upon between the user and the Director
of the Regional Sewer District. Appropriate
charges for sampling and analysis may be
assessed to the user at the option of the
Director of the Regional Sewer District. The
results of routine sampling and analysis by the
user may also be used for determination of
charges after verification by the Director of the
Regional Sewer District.
§ 50.085 GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil and sand interceptors or traps
shall be provided when, in the opinion of the
Director of the Regional Sewer District, they
are necessary for the proper handling of liquid
wastes containing grease in excessive
amounts, or any flammable wastes, sand and
other harmful ingredients, except th at such
interceptors or traps will not be required for
private living quarters or dwelling units. All
interceptors or traps shall be of a type and
capacity approved by the Director of the
Regional Sewer District and shall be located so
as to be readily and easily accessible for cleaning
and inspection. They shall be construed of
impervious materials capable of withstanding
abrupt and extreme changes in temperatures
and shall be of substantial construction, be
gastight, water tight and equipped with easily
removable covers. Where installed, all grease,
oil and sand interceptors or traps shall be
maintained by the owner, at his or her expense,
in continuously efficient operation at all times.
§50.086 ACCIDENTAL DISCHARGES; NOTIFICATION
TO REGIONAL SEWER DISTRICT.
Users of the treatment works shall immediately
notify the Regional Sewer District of any
unusual flows or wastes that are discharged
accidentally or otherwise to the sewer system.
§ 50.087 COMPLIANCE WITH STATE OR FEDERAL
REQUIREMENTS.
All provisions of this Code and limits set
herein shall comply with any applicable state
and/or federal requirements now or projected
to be in effect.
Presented by me to the President of said
Board on this _______ day of
_______________, 2009.
Secretary
Signed and approved by me, as President of
the Dearborn County Regional Sewer District,
on this ______ day of __________________,
2009.
President
ATTEST:
Secretary
C-10-20-JP-2t
NOTICE OF PUBLIC HEARING
The Dearborn County Regional Sewer District will conduct a public hearing on Thursday, November 19, 2009, at 5:00 p.m. to consider adoption of the following ordinance. The hearing will be held on the Commissioners Room of the Dearborn County Administration Building at 215B West High Street, Lawrenceburg, Indiana.
DEARBORN COUNTY REGIONAL SEWER DISTRICT ORDINANCE 2009-2
An Ordinance adopting a Code of Regulations by the Dearborn County Regional Sewer District (“the District’); WHEREAS, the District is in need of a Code of Regulations for the following purposes: (1) Protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of use by any person, and preserve order in and adjacent to the works. (2) Prescribe the manner: (A) in which ditches, sewers, pipelines, or other works should be adjusted to or connected with the works of th e district; and
(B) of waste disposal in the district. (3) Prescribe the permissible uses of the water supply and the manner of distribution and prevent
the pollution or unnecessary waste of the water supply. (4) Prohibit or regulate the discharge into the
sewers of the district of liquid or solid waste detrimental to the works and improvements.
NOW, THEREFORE, BE IT ORDAINED BY the District that the following Code of Regulations
are hereby adopted:
RULES AND REGULATIONS
General Provisions
50.001 Definitions
50.002 Depositing objectionable waste prohibited
50.003 Discharging storm water, unpolluted waters and the like
50.004 Depositing wastewater in unsanitary manner within Regional Sewer District
50.005 Discharge of untreated sewage or other polluted wastes to natural outlets
50.006 Privies, septic tanks and other facilities.
50.007 Owner’s responsibility to install suitable toilet facilities.
50.008 Tampering with or damaging Regional Sewer District equipment
50.009 Right of entry for purpose of inspection; indemnification; easements on private property
50.010 Appeal procedure Private Sewage Disposal System
50.025 Connecting building sewer to private sewage disposal
50.031 Noninterference with additional requirements
Building Sewers and Connections
50.045 Connection permit required
50.046 Building sewer permits; permit and inspection fee
50.047 Costs and expenses of installation and connection of building sewer; indemnification
50.048 Separate building sewer provided for every building
50.049 Use of old building sewers with new buildings
50.050 Size, slope and alignment; conformance to building and plumbing code or other applicable regulations
50.051 Elevation of building sewers
50.052 Sources of surface runoff or groundwater
50.053 Connection of building sewer into public sewer, conformance
50.054 Inspection of connection to public sewer
50.055 Excavations
Use of Public Sewers
50.065 Prohibited discharges to public sewer
50.066 Pretreatment, equalization of waste flows
50.067 Preliminary treatment facilities
50.068 Control manholes; measurements, tests and analyses
50.069 Industrial wastes; special agreement
50.070 Discharge of waters from air conditions, cooling, condensing systems or swimming pools.
Pretreatment Requirements
50.080 Compliance with rules and regulations
50.081 Pretreatment or control facilities
50.082 Pretreatment of waters polluted with insoluble oils, grease or suspended solids
50.083 Users to supply information on sewage flow and characteristics
50.084 Determination of strength of sewage through sampling and analysis
50.085 Grease, oil and sand interceptors
50.086 Accidental discharges; notification to Regional Sewer District
50.087 Compliance with state or federal requirements
GENERAL PROVISIONS
§50.001 DEFINITIONS.
For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIOCHEMICAL OXYGEN DEMAND (or BOD).
The quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five at 20°C.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning five feet outside the building wall.
(1) SANITARY BUILDING DRAIN. A building drain which conveys sanitary or industrial sewage only.
(2) STORM BUILDING DRAIN. A building drain which conveys storm water or other clearwater drainage, but no wastewater.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (Also called house connection.)
(1) SANITARY BUILDING SEWER. A building sewer which conveys sanitary or industrial sewage only.
(2) STORM BUILDING SEWER. A building sewer which conveys storm-waste or other clearwater drainage, but no sanitary or industrial sewage.
CODE. The Code of Regulations of the Regional Sewer District.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.
Examples of the additional pollutants which may be considered compatible include:
(1) Chemical oxygen demand,
(2) Total organic carbon,
(3) Phosphorus and phosphorus compounds,
(4) Nitrogen and nitrogen compounds, and
(5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of
the treatment works).
DIRECTOR OR REGIONAL SEWER DISTRICT.
The Director of Sewers of the Regional Sewer District, or his or her authorized deputy, agent or representative.
DISTRICT. Dearborn County’s unincorporated areas currently unserved by a municipal provider or by the current boundaries of the South Dearborn Regional Sewer District.
EASEMENT. An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Regional Sewer District.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage
and sale of produce.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from employee wastes or wastes from sanitary conveniences.
iNFILTRATION. The water entering a sewer system, (including building drains and sewers), from the ground, through defects in the system such as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.)
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW.The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash
waters or drainage. (Inflow does not include, and is distinguished from, infiltration.)
INSPECTOR. The person or persons duly authorized by the Regional Sewer District, through its Common Council, to inspect and
approve the installation of building sewers and their connection to the public sewer system.
MAJOR CONTRIBUTING INDUSTRY. AN INDUSTRY
THAT:
(1) Has a flow of 50,000 gallons or more per average work day;
(2) Has a flow greater than 5% of the flow carried by the Regional Sewer District system receiving the waste;
(3) Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under
33 USC 1317(a); or
(4) Has a significant impact, either single or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to 33 USC 1342.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NH3N. The same as Ammonia Nitrogen measured as Nitrogen. The laboratory determinations shall be made in accordance with procedures
set forth in “Standard Methods” as defined in the definition of SLUG.
NORMAL DOMESTIC SEWAGE. The same meaning as defined in § 50.100.
P or PHOSPHOROUS. The chemical element Phosphorous pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
PERSON. Any individual, firm, company, association, society, corporation, group or other entity.
PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
PRIVATE SEWER. A sewer which is not owned by a public authority.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater 1/2 inch in any dimension.
PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(3) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
REGIONAL SEWER DISTRICT. The Dearborn County Regional Sewer District as forms by Order of the Indiana Department of Environmental Management on November 17, 2003 and governed by its Board of Directors.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes and to which storm, surface and ground water are not intentionally admitted.
SEWAGE. The combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions,
(including polluted cooling water). The three most commonly types of sewage are:
(1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
(2) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
(3) SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilets and other sanitary plumbing facilities.
SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of
the effluent and accumulated residual solids.
SEWER. A pipe or conduit for carrying sewage.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten minutes more than three times the average 24 hours concentration of flows during normal operation and shall
adversely affect the collection system.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the
Examination of Water Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial
wastes are not intentionally admitted.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are
removable by laboratory filtering under standard laboratory procedure.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to 33 USC 13 17(a).
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55°C for 15 to 20 minutes.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
§ 50.002 DEPOSITING OBJECTIONABLE WASTE PROHIBITED.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within
the Regional Sewer District or in any area under the jurisdiction of the Regional Sewer District any human or animal excrement,garbage or other objectionable waste.
§ 50.003 DISCHARGING STORMWATER, UNPOLLUTED WATERS AND THE LIKE.
(A) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm waters, surface water, or
unpolluted industrial process water. The Regional Sewer District shall require the removal of unpolluted waters from any wastewater collection or treatment facility.
(B) Storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. NO person shall uses such
sewers, however, without the specific written permission of the Regional Sewer District. No new connection shall be made to any sanitary
or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant,
including capacity for BOD and suspended solids.
§ 50.004 DEPOSITING WASTEWATER IN UNSANITARY MANNER WITHIN REGIONAL SEWER DISTRICT.
No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Regional Sewer District any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.005 DISCHARGE OF UNTREATED SEWAGE OR OTHER POLLUTED WASTES TO NATURAL OUTLETS.
No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.006 PRIVIES, SEPTIC TANKS AND OTHER FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
§ 50.007 OWNER’S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, which is not connected to an approved sanitary sewage disposal system, situated within the Regional Sewer District and abutting on any street, alley or right-of-way in which there is not located a public sanitary sewer of the Regional Sewer District is required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Code, within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line. Within the District, where public sewers are available and located within 300 feet of a property owner’s property line, the owners of all new
dwellings or buildings used for human occupancy, employment, recreation or other purposes, shall install, at their expense, such facilities
necessary to connect to the sanitary sewer of the District. As a condition of connection to a public sewer, the owner(s) shall grant a right of access easement to the building sewer to the Regional Sewer District for the purpose of repair and inspection.
§ 50.008 TAMPERING WITH OR DAMAGING REGIONAL SEWER DISTRICT EQUIPMENT.
No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Regional Sewer District sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
§ 50.009 RIGHT OF ENTRY FOR PURPOSE OF INSPECTION; INDEMNIFICATIONS; EASEMENTS ON PRIVATE PROPERTY.
(A) The Director of the Regional Sewer District, Inspector and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Code. The Director of the Regional Sewer District or his or her representative of this Code. The Director of the Regional Sewer District or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Director of the Regional Sewer District or duly authorized employees and/or agents of the Regional Sewer District shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Regional Sewer District employees
and/or agents, and the Regional Sewer District employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.068(B).
(C) The Director of the Regional Sewer District and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all private properties through which the Regional Sewer District holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within that easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property
involved.
§ 50.010 APPEAL PROCEDURE
The rules and regulations promulgated by the Regional Sewer District, shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Director of the Regional Sewer District concerning sewage system of the
Board of the Regional Sewer District may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the
Indiana Administrative Adjudication Act.
PRIVATE SEWAGE DISPOSAL SYSTEM
§ 50.025 CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL.
Where a public sanitary sewer is not availableunder the provisions of § 50.006(B), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subCode, the building sewer shall be connected to a private sewer disposal system complying with the provisions of the Code of Ordinances of Dearborn County and the State Board of Health.
§ 50.031 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS
No statement contained in this Code shall be construed to interfere with nay additional requirements that may be imposed by the
Dearborn County Health Officer.
BUILDING SEWERS AND CONNECTIONS
§ 50.045 CONNECTION PERMIT REQUIRED.
No unauthorized person shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Regional Sewer District.
§ 50.046 BUILDING SEWER PERMITS; PERMIT
AND INSPECTION FEE.
(A) (1) There shall be two classes of building
sewer permits:
(a) For residential and commercial service,
and
(b) For service to establishments producing
industrial wastes.
(2) In either case, the owner or his or her agent
shall make application on a special form furnished
by the Regional Sewer District. The permit
application shall be supplemented by any
plans, specifications or other information considered
pertinent in the judgment of the
Inspector.
(B) A permit and inspection fee of $________
for residential or commercial building sewer
permit and $_________ for an industrial building
sewer permit shall be paid to the Regional
Sewer District at the time the application is
filed. The inspection shall take place during
normal regular working hours.
§ 50.047 COSTS AND EXPENSES OF INSTALLATION
AND CONNECTION OF BUILDING
SEWER, INDEMNIFICATION.
All costs and expenses incident to the installation
and connection of the building sewer
shall be borne by the owner(s). The owner(s)
shall indemnify the Regional Sewer District
from any loss or damage that may directly or
indirectly be occasioned by the installation of
the building sewer.
§ 50.048 SEPARATE BUILDING SEWER PROVIDED
FOR EVERY BUILDING.
A separate and independent building sewer
shall be provided for every building; except
where one building stands at the rear of another
on an interior lot and no private sewer is
available or can be constructed to the rear
building through an adjoining alley, courtyard
or driveway, the building sewer from the front
building may be extended to the rear building
and the whole considered as one building
sewer.
§ 50.049 USE OF OLD BUILDING SEWERS
WITH NEW BUILDINGS.
Old building sewers may be used in connection
with new buildings only when they are
found, on examination and test by the
Inspector, to meet all requirements of this
Code.
§ 50.050 SIZE, SLOPE AND ALIGNMENT; CONFORMANCE
TO BUILDING AND PLUMBING
CODE OR OTHER APPLICABLE REGULATIONS.
The size, slope, alignment, materials of construction
of a building sewer and the methods
to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench shall
all conform to the requirements of the Code of
Ordinances of Dearborn County and/or its rules
and regulations or other applicable rules and
regulations of the Regional Sewer District. In
the absence of code provisions or in amplification
thereof, the materials and procedures set
forth in appropriate specifications of the
A.S.T.M. and S.P.C.F. Manual of Practice No. FD-
9 shall apply.
§ 50.051 ELEVATION OF BUILDING SEWERS.
Whenever possible, the building sewer shall
be brought to the building at an elevation below
the basement floor. In all buildings in which any
building drain is too low to permit gravity flow
to the public sewer, sanitary sewer carried by
such building drain shall be lifted by an
approved means and discharged to the building
sewer.
§ 50.052 SOURCES OF SURFACE RUNOFF OR
GROUNDWATER.
No person(s) shall make connection of roof
downspouts, exterior foundation drains,
areaway drains or other sources of surface
runoff or ground water to a building sewer or
building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
§ 50.053 CONNECTION OF BUILDING SEWER
INTO PUBLIC SEWER; CONFORMANCE.
The connection of the building sewer into the
public sewer shall conform to the requirements
of the Code or Ordinances of Dearborn County
and/or its rules and regulations or other applicable
rules and regulations of the Regional
Sewer District or the procedures set forth in
appropriate specifications of the A.S.T.M. and
the S.P.C.F. Manual of Practice in No. FD-9. All
such connections shall be made gas tight and
water tight. Any deviation from the prescribed
procedures and materials must be approved by
the Director of the Regional Sewer District
before installations.
§ 50.054 INSPECTION OF CONNECTION TO
PUBLIC SEWER.
The applicant for the building sewer permit
shall notify the Inspector when the building
sewer is ready for inspection and connection to
the public sewer. The connection and testing
shall be made under the supervision of the
Inspector or his or her representative. The
applicant shall provide access to all structures
(and areas of structures) to the Inspector for
the purpose of establishing compliance with
this Code.
§ 50.055 EXCAVATIONS.
All excavations for building sewer installation
shall be adequately guarded with barricades
and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other
public property disturbed in the course of the
work shall be restored in a manner satisfactory
to the Regional Sewer District.
USE OF PUBLIC SEWERS
§ 50.065 PROHIBITED DISCHARGES TO PUBLIC
SEWER.
No person shall discharge or cause to be discharged
any of the following described waters
or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or
gas.
(B) Any waters or wastes containing toxic (as
described in Section 307A of the Clean Water
Act) or poisonous solids, liquids or gases in
sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with
any sewage treatment process, constitute a
hazard to humans or animals, create a pubic
nuisance, or create any hazard in the receiving
waters of the sewage treatment plant.
(C) Any waters or wastes having a pH lower
than 5.5 or having any other corrosive property
capable of causing damage or hazard to structures,
equipment and personnel of the sewage
works or interfere with any treatment process.
(D) Solid or viscous substances in quantities
or of such size capable of causing obstruction
to the flow in sewers or other interference with
the proper operation of the sewage works such
as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings,
entrails, paper, dishes, cups, milk containers
and the like, either whole or ground by
garbage grinders.
(E) Any waters or wastes containing phenols
or other taste or order producing substances,
in such concentrations exceeding limits which
may be established by the Director of the
Regional Sewer District as necessary, after
treatment of the composite sewage, to meet the
requirements of the state, federal or other public
agencies of jurisdiction of such discharge to
the receiving waters.
(F) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits
established by the Director of The Regional
Sewer District in compliance with applicable
state or federal regulations.
(G) Any waters or wastes having pH in excess
of 9.5.
(H) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(3) Unusual BOD, chemical oxygen demand or
chlorine requirements in such quantities as to
constitute a significant load on the sewage
treatment works.
(4) Unusual volume of flow or concentration of
wastes constituting “slugs” as defined in §
50.001.
(1) Waters or wastes containing substances
which are not amendable to treatment or reduction
by the sewage treatment processes
employed, or are amendable to treatment only
to such degree that the sewage treatment effluent
cannot meet the requirements of other
agencies having jurisdiction over discharge to
the receiving waters.
§ 50.066 PRETREATMENT, EQUALIZATION OF
WASTE FLOWS.
(A) If any waters or wastes are discharged, or
are proposed to be discharged, to the public
sewers, which waters contain the substances
or possess the characteristics enumerated in §
50.065, and which in judgment of the Director of
the Regional Sewer District may have a deleterious
effect upon the sewage works, processes,
equipment or receiving waters, or which otherwise
create a hazard to life or constitute a public
nuisance, the Director of the Regional Sewer
District may:
(1) Require new industries (or other large
users) or industries (or other large users) with
significant increases in discharges to submit
information on wastewater quantities and characteristics
and obtain prior approval for discharges.
(2) Reject the wastes in whole or in part for
any reason deemed appropriate by the
Regional Sewer District,
(3) Require pretreatment of such wastes to
within the limits of normal sewage as defined,
(4) Require control or flow equalization of
such wastes so as to avoid any “slug” loads or
excessive loads that may be harmful to the
treatment works, or
(5) Require payment of a surcharge on any
excessive flows or loadings discharged to the
treatment works to cover the additional costs of
having capacity for and treating such wastes.
(B) If the Director of the Regional Sewer
District permits the pretreatment or equalization
of waste flows, the design and installation
of the plant and equipment shall be subject to
the review and approval of the Director of the
Regional Sewer District and subject to the
requirements of all applicable codes, ordinances
and laws.
§ 50.067 PRELIMINARY TREATMENT FACILITIES.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or
wastes, they shall be maintained continuously
in satisfactory and effective operation by the
owner at his or her expense.
§ 50.068 CONTROL MANHOLE; MEASUREMENTS,
TESTS AND ANALYSES.
(A) When required by the Director of the
Regional Sewer District, the owner of any property
services by a building sewer carrying
industrial wastes shall install a suitable control
manhole together with such necessary meters
and other appurtenances in the building sewer
to facilitate observation, sampling and safely
located, and shall be constructed in accordance
with plans approved by the Director of
the Regional Sewer District. The manhole shall
be installed by the owner at his or her expense
and shall be maintained so as to be safe and
accessible at all times. Agents of the Regional
Sewer District, the state water pollution control
agencies and the U.S. Environmental
Protection Agency shall be permitted to enter
all properties for the purpose of inspection,
observation, measurement, sampling and testing.
(B) All measurements, tests and analyses of
the characteristics of waters and wastes to
which reference is made in this Code shall be
determined in accordance with the latest edition
of “Standard Methods of the Examination
of Water and Wastewater,” published by the
American Public Health Association and shall
be determined at the control manhole provided,
or upon suitable samples taken at the control
manhole, except for applications for
NPDES permits and report thereof which shall
be conducted in accordance with rules and
regulations adopted by the USEPA (40 CFR
136). In the event that no special manhole has
been required, the control manhole shall be
considered to be the nearest downstream manhole
in the public sewer to the point at which
the building sewer is connected. Sampling
shall be carried out by customarily accepted
methods to reflect the effect of constituents
upon the sewage works and to determine the
existence of hazards to life, limb and property.
The particular analyses involved will determine
whether a 24 hour composite of all outfalls of a
premises is appropriate or whether a grab
sample or samples should be taken. Normally,
but not always, BOD and suspended solids
analyses are obtained from 24 hour composites
of all outfalls, whereas pH’s are determined
from periodic grab samples.
§ 50.069 INDUSTRIAL WASTES; SPECIAL
AGREEMENT.
No statement contained in this Code shall be
construed as preventing any special agreement
or arrangement between the Regional
Sewer District and any industrial concern
whereby an industrial waste of unusual
strength or character may be accepted by the
Regional Sewer District for treatment, subject
to payment therefore, by the industrial concern,
at such rates as are compatible with §§
50.100 et seq.
§ 50.070 DISCHARGE OF WATERS FROM AIR
CONDITIONERS, COOLING, CONDENSING
SYSTEMS OR SWIMMING POOLS.
Unpolluted water from air conditioners, cooling,
condensing systems or swimming pools
shall be discharged to a storm water, where it
is available, or to a combined sewer approved
by the Regional Sewer District. Where a storm
sewer is not available, discharge may be to a
natural outlet approved by the Regional Sewer
District and by the state. Where a storm sewer,
combined sewer or natural sewer is not available,
such unpolluted water may be discharged
to a sanitary sewer pending written approval
by the Regional Sewer District.
PRETREATMENT REQUIREMENTS
§ 50.080 COMPLIANCE WITH RULES AND
REGULATIONS.
Pretreatment of industrial wastes from major
contributing industries prior to discharge to
the treatment works is required and is subject
to the rules and regulations adopted by the
United States Environmental Protection
Agency (USEPA) (40 CFR 403) and “Guidelines
Establishing Test Procedures for Analysis of
Pollutants” (40 CFR 136), in addition to any
more stringent requirements established by
the Regional Sewer District and any subsequent
state or federal guidelines and rules and
regulations.
§ 50.081 PRETREATMENT OR CONTROL
FACILITIES.
Plans, specifications and any other pertinent
information relating to pretreatment or control
facilities shall be submitted for approval of the
Regional Sewer District, and no construction
of such facilities shall be commenced until
approval in writing is granted. Where such
facilities are provided, they shall be maintained
continuously in satisfactory and effective
operating order by the owner at his or her
expense and shall be subject to periodic
inspection by the Regional Sewer District to
determine that such facilities are being operated
in conformance with applicable federal,
state and local laws and permits. The owner
shall maintain operating records and shall submit
to the Regional Sewer District a monthly
summary report of the character of the influent
and effluent to show the performance of the
treatment facilities and for comparison against
Regional Sewer District monitoring records.
§ 50.082 PRETREATMENT OF WATERS POLLUTED
WITH INSOLUBLE OILS, GREASE OR
SUSPENDED SOLIDS.
Industrial cooling water, which may be polluted
with insoluble oils or grease or suspended,
solids, shall be pretreated for removal of pollutants
and the resultant clear water shall be discharged
in accordance with this Code.
§ 50.083 USERS TO SUPPLY INFORMATION
ON SEWAGE FLOW AND CHARACTERISTICS.
The Regional Sewer District may require
users of the treatment works, other than residential
users, to supply pertinent information
on wastewater flows and characteristics. Such
measurements, tests and analysis shall be
made at the users’ expenses. If made by the
Regional Sewer District, an appropriate charge
may be assessed to the user at the option of he
Regional Sewer District.
§ 50.084 DETERMINATION OF STRENGTH OF
SEWAGE THROUGH SAMPLING AND ANALYSIS.
The strength of wastewaters shall be determined,
for periodic establishment of charges
provided for in this Code from samples taken
at the aforementioned structure at any period
of time and of such duration and in such manner
as the Director of the Regional Sewer
District may elect, or, at any place mutually
agreed upon between the user and the Director
of the Regional Sewer District. Appropriate
charges for sampling and analysis may be
assessed to the user at the option of the
Director of the Regional Sewer District. The
results of routine sampling and analysis by the
user may also be used for determination of
charges after verification by the Director of the
Regional Sewer District.
§ 50.085 GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil and sand interceptors or traps
shall be provided when, in the opinion of the
Director of the Regional Sewer District, they
are necessary for the proper handling of liquid
wastes containing grease in excessive
amounts, or any flammable wastes, sand and
other harmful ingredients, except th at such
interceptors or traps will not be required for
private living quarters or dwelling units. All
interceptors or traps shall be of a type and
capacity approved by the Director of the
Regional Sewer District and shall be located so
as to be readily and easily accessible for cleaning
and inspection. They shall be construed of
impervious materials capable of withstanding
abrupt and extreme changes in temperatures
and shall be of substantial construction, be
gastight, water tight and equipped with easily
removable covers. Where installed, all grease,
oil and sand interceptors or traps shall be
maintained by the owner, at his or her expense,
in continuously efficient operation at all times.
§50.086 ACCIDENTAL DISCHARGES; NOTIFICATION
TO REGIONAL SEWER DISTRICT.
Users of the treatment works shall immediately
notify the Regional Sewer District of any
unusual flows or wastes that are discharged
accidentally or otherwise to the sewer system.
§ 50.087 COMPLIANCE WITH STATE OR FEDERAL
REQUIREMENTS.
All provisions of this Code and limits set
herein shall comply with any applicable state
and/or federal requirements now or projected
to be in effect.
Presented by me to the President of said
Board on this _______ day of
_______________, 2009.
Secretary
Signed and approved by me, as President of
the Dearborn County Regional Sewer District,
on this ______ day of __________________,
2009.
President
ATTEST:
Secretary
C-10-20-JP-2t
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