Legal Advertisement
Alcohol & Tobacco
Commission
LEGAL NOTICE OF
PUBLIC HEARING
The Alcohol Beverage Board of Brown County, Indiana will hold a public hearing at 11:00 am on April 26, 2021 virtually through Microsoft Teams, to investigate the propriety of holding an alcoholic beverage permit by the applicants listed below. Information on accessing the virtual meeting can be found at https://www.in.gov/atc/alcohol-resources/alcohol-beverage-information/#lbHearing .
RR0786099 Wine Retailer – Restaurant RENEWAL SEVENTEEN WEST MAIN INC 17 W MAIN ST Nashville IN D/B/A HOBNOB CORNER ELIZABETH W COLE 1547 ST RD 135 NORTH Nashville, Secretary G WARREN COLE 1547 ST RD 135 NORTH Nashville, President
RR0736314 Beer Wine & Liquor – Riverfront RENEWAL Big Woods Hard Truth Hills LLC 418 Old State Rd 46 Suite R Nashville IN TIMOTHY O’BRYAN 96 S JEFFERSON ST Nashville, Secretary Edward Thomas Ryan 488 Town Hill Rd E Nashville, President Jeffrey McCabe 3204 Helmsburg Rd Nashville, President
RR0736453 Beer Wine & Liquor – Riverfront RENEWAL QUAFF ON BREWING COMPANY LLC 44 N. Van Buren Street Nashville IN
RR0737333 Beer Wine & Liquor – Riverfront NEW FH LLC 78 Franklin St Nashville IN D/B/A The Ferguson House
60074123 Hspaxlp
BCD: 4/14/2021
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LEGAL NOTICE OF PUBLIC HEARING
SPECIAL EXCEPTION
BROWN COUNTY AREA BOARD OF ZONING APPEALS
ZOOM LIVESTREAM
Notice is hereby given that the Brown County Area Board of Zoning Appeals will hold a public hearing on April 28, 2021 at 6:00 p.m. The purpose of the meeting is to consider a petition by Tim and Karen Stephens dba AwayADay Campground LLC for approval of an application for a Special Exception to allow a Travel Trailer Park on property owned by Charles and Marsha Placke. Legal description of premises: (see attached). The property is located at 5515 State Road 46 East in Washington Township. The file on this matter is available for public inspection 10 days prior to the hearing, during working hours at the Brown County Area Plan Commission office in the County Office Building, Nashville, Indiana.
All interested persons will be given the opportunity to be heard in reference to the matters set out in the application. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing, will be considered. The hearing may be continued from time to time. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission office at (812) 988-5490
Due to the COVID19 Public Health Emergency status, the meeting will be held by virtual means. Email the Area Plan Commission at [email protected] or join Zoom https://zoom.us/j/8847334362
Property Owners: Charles & Marsha Placke
Petitioner: Tim & Karen Stephens dba AwayADay Campground, LLC
Petitioner signature /s/ Tim Stephens
Date: 4/15/2021
EXHIBIT "A"
A part of the South half of the Southeast quarter of Section 24, Township 9 North, Range 3 East in Brown County, Indiana, and being more particularly described as follows: Commencing at the Southwest corner of said quarter; thence Easterly, along the South line of said quarter, a distance of 1281 feet to the centerline of State Road No. 46, and being the point of beginning thence North 64 degrees 27 minutes East, along the centerline of State. Road No. 46, a distance of 317 feet to Laurie Branch; thence Southeasterly, along Laurie Branch, a distance of 180 feet to the South line of said quarter; thence Westerly, along the South line of said quarter, a distance of 334 feet to the point of beginning, containing 0.6 acre, more or less.
ALSO, a part of the South half of the Southeast quarter of Section 24, Township 9 North, Range 3 East in Brown County, Indiana, being more particularly described as follows: Beginning at the Southeast corner of said quarter: thence Westerly, along the South line of said quarter, a distance of 788 feet to Henderson Fork Salt Creek; thence Northeasterly, along Henderson Fork Salt Creek, a distance of 943 feet to the East line of said quarter; thence Southerly, along the East line of said quarter, a distance of 530 feet to the point of beginning, containing 5 acres, more or less.
ALSO, a part of the Northwest quarter of the Northeast quarter of Section 25, Township 9 North, Range 3 East, in Brown County, Indiana, and being more particularly described as follows: Beginning at the Southeast corner of said quarter quarter; thence Westerly, along the South line of said quarter quarter, a distance of 923.6 feet; thence Northerly, parallel with the West line of said quarter quarter, a distance of 995.9 feet to the centerline of State Road NO. 46; thence North 64 degrees 27 minutes East, along the centerline of State Road No. 46, a distance of 901 feet to the North line of said quarter quarter; thence Easterly, along the North line of said quarter quarter, a distance of 84 feet to the Northeast corner of said quarter quarter; thence Southerly, along the Bast line of said quarter quarter, a distance of 1338 feet to the point of beginning, containing 24.6 acres, more or less. ALSO, a part of the Northeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 3 East in Brown County, Indiana and being more particularly described as follows: Commencing at the Southwest corner of said quarter quarter, thence Northerly, along the West line of said quarter quarter, a distance of 181.5 feet to the point of beginning; thence Northerly, along the west line of said quarter quarter, a distance of 1156.5 feet to the Northwest corner of said quarter quarter; thence Easterly, along the North line of said quarter quarter, a distance of 250 feet to Laurie Branch; thence Southeasterly, along Laurie Branch, a distance of 75 feet to Henderson Fork Salt Creek; thence Northeasterly, along Henderson Fork Salt Creek, a distance of 320 feet to the North line of said quarter quarter; thence Easterly, along the North line of said quarter quarter, a distance of 788 feet to the East line of said quarter quarter, thence Southerly, along the East line of said quarter quarter, a distance of 82.5 feet to a 24-inch white oak tree; thence South 53 degrees 17 minutes West a distance of 1615.4 feet to the point of beginning, containing 19 acres, more or less. EXCEPT THEREFROM the right of way of Indiana State Highway No. 46 along the most Northerly line.
60073874, 4/14/21, hspaxlp, 21-63
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LEGAL NOTICE OF PUBLIC HEARING FOR REZONING BROWN COUNTY
AREA PLAN COMMISSION
ZOOM LIVESTREAM
Notice is hereby given that Arthur and Tonya Phares have filed with the Area Plan Commission of the County of Brown, Indiana, an application for Rezoning of property, to wit:
Legal description of premises (see attached).
Applicant is requesting approval for rezoning the described property from Secondary Residential (R2) to General Business (GB.) The property is located at 7522 Ford Ridge Road in Hamblen Township.
The file on this matter is available for public inspection at least 10 days prior to the hearing during working hours at the Brown County Area Plan Commission office in the County Office Building located at 201 Locust Lane in Nashville, Indiana.
The Commission will hold a public hearing on April 27, 2021 during a meeting commencing at 6:00 p.m. All interested persons will be given the opportunity to be heard regarding the matters set out in the petition. This notice is being published to notify persons affected by this petition by order of the Area Plan Commission. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing will be considered. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission.
Due to the COVID19 Public Health Emergency status, the meeting will be held by virtual means. Email the Area Plan Commission at [email protected] or join Zoom https://zoom.us/i/8847334362
Petitioners: Arthur & Tonya Phares
Petitioner Signature: /s/ Tonya Phares
Date: 4/5/21
A part of the East half of the Northwest quarter of Section 13, Township 10 North, Range 3 East, Brown County, Indiana; more particularly described as follows:
Commencing at the Southwest corner of the East half of the Northwest quarter of Section 13, Township 10 North, Range 3 East; thence running North 56 rods; thence South 82-1/2 degrees East 45 rods; thence with the meanderings of the Public Highway in a Southwesterly direction to the South line of the East half of the Northwest quarter of Section 13, Township 10 North, Range 3 East; thence West with said South line 12 rods to the place of beginning, containing 10 acres, more or less,
EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL:
A part of the Southeast quarter of the Northwest quarter of Section 13, Township 10 North, Range 3 East, Brown County, Indiana, described as follows: Beginning 577.6 feet North of the Southwest corner of said quarter quarter; thence North 347.2 feet; thence South 76 degrees 45 minutes East 761.3 feet; thence South 31 degrees 26 minutes West with the Public Road 356 feet; thence North 76 degrees 45 minutes West 570.5 feet to the beginning, containing in said Exception 5.16 acres, more or less,
LEAVING HEREIN DESCRIBED 4.84 ACRES, MORE OR LESS.
60073877, 4/14/21, hspaxlp, 21-64
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NOTICE OF PUBLIC HEARING ON ZONING ORDINANCE AMENDMENTS
Please take notice that the Brown County Area Plan Commission will conduct a public hearing on Tuesday, April 27, 2021, at 6:00 o’clock p.m., via Zoom (see meeting link below). The purpose of the hearing shall be to accept public comment on proposed amendments to the Brown County Area Plan Commission membership provisions of Chapter 11, Sections 3 and 4, of the Brown County Zoning Ordinance.
The amendment, if adopted, would alter the membership provisions relating to the Agricultural Extension Educator to reflect recent amendments to the State Code. Specifically, it would require the Extension Educator to reside in Brown County in order to be a voting member of the Plan Commission. If the Extension Educator does not reside within Brown County, the Educator would serve as a non-voting member and the Board of County Commissioners would appoint a County property owner with agricultural interest to serve as a voting member for a one (1) year term. The School Board representative is the only voting member who is not required to be a County resident.
Copies of the proposed amendments are available in the Brown County Planning Department Office, County Government Center, 201 Locust Lane, Nashville, IN 47448. During the hearing, oral objections or comments concerning the proposed amendments will be heard. Written objections or comments delivered to Brown County Planning Director Christine Ritzmann at the Department Office, prior to the time of the hearing, will be considered by the Brown County Area Plan Commission. The hearing may be continued from time to time as may be found necessary.
Zoom Link: https://zoom.us/j/8847334362
/s/ Kayla Robertson
Kayla Robertson, Secretary Brown County Area Plan Commission
60073878. 4/14/21, hspaxlp, 21-65
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LEGAL NOTICE OF PUBLIC HEARING VARIANCE
BROWN COUNTY AREA BOARD OF ZONING APPEALS
ZOOM LIVESTREAM
Notice is hereby given that the Brown County Area Board of Zoning Appeals will hold a public hearing on April 28, 2021 at 6:00 p.m. The purpose of the meeting is to consider a petition by Phil Wolter for Olde Bartley House, LLC for approval of an application to allow a Variance from the rear setback requirements.
Legal description of premises: (see attached).
The property is located at 96 Van Buren Street South within the Town of Nashville in Washington Township.
The file on this matter is available for public inspection 10 days prior to the hearing, during working hours at the Brown County Area Plan Commission office located at 201 Locust Lane in the County Office Building, Nashville, Indiana.
All interested persons will be given the opportunity to be heard regarding the matters set out in the application. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing, will be considered. The hearing may be continued from time to time. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission office at (812) 988-5490
Due to the COVID19 Public Health Emergency status, the meeting will be held by virtual means. Email the Area Plan Commission at [email protected] or join Zoom https://zoom.us/j/8847334362
Petitioner. Phil Wolter for Olde Bartley House, LLC
Petitioner Signature: /s/ Phil Wolter
Date: 4/5/2021
Seventy-one (71) feet by parallel lines off the entire East
60073898, 4/14/21, hspaxlp, 21-66
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LEGAL NOTICE OF PUBLIC HEARING FOR QUICK SUPPLY INDUSTRIAL USE REVIEW
BROWN COUNTY AREA PLAN COMMISSION
Notice is hereby given that the Brown County Area Plan Commission will hold a public hearing on April 27, 2021 at 6:00 p.m. by virtual means. The purpose of the meeting is to consider a request by Quick Supply Co to review a proposed use that is permitted only if it has been approved by the Commission as necessary to the convenience of employees and effective operation of the storage and distribution of explosives
The file on this matter is available for public inspection at least 10 days prior to the hearing, during the regular working hours through the Brown County Area Plan Commission office in the County Office Building, 201 Locust Lane, Nashville, Indiana or by email at [email protected]
All interested persons will be given the opportunity to be heard in reference to the matters set out in the petition. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing will be considered. The hearing may be continued from time to time. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission at (812) 988-5490.
Zoom Meeting: https://zoom.us/j/8847334362 Meeting ID: 884 733 4362 One tap mobile: +13017158592,,8847334362# US (Washington D.C +13126266799,,8847334362# US (Chicago)
Petitioner: Michael Carmin
Date 4/5/2021
Petitioner Signature: /s/ Michael Carmin
TRACT #1: (Also one and the same as Tract "B") The South half of the Northeast quarter of Section 1, Township 8 North, Range i East, Brown County, Indiana, being further bounded and described as follows:
Beginning at the Northeast comer of the Southeast quarter of said Northeast quarter, thence from said point of beginning and with the East line of said quarter quarter Section and running South for 1902.13 feet and to the Southeast comer of said quarter quarter Section; thence with the South line of said Northeast quarter and running North 899-54-08" West for 2595.68 feet and to the Southwest corner of the Southwest quarter of said Northeast quarter; thence with the West line of said quarter quarter Section and running North 000-59-07" West for 1883.72 feet and to the Northwest comer of said quarter quarter Section; thence with the North line of said South one half of the Northeast quarter and running North 890-41"-20" East for 2628.10 feet and to the point of beginning. Containing 113.49 acres, more or less.
Also, the right to use a non-exclusive easement, Thirty (30) feet in width, the centerline of said casement being described as follows: Beginning at a point on the South line of the Southwest quarter of the Northeast quarter of Section 1, Township 8 North, Range 1 East, said point of beginning being 304.20 feet East of the Southwest corner of said quarter quarter Section; thence South 10°-51’46" East for 368.13 feet; thence South 06° 44′-39h West for 213.59 feet; thence South 370-06’09» West for 406.19 feet; thence South 330-599-54" West for 282.06 feet And to the centerline of State Road 46.
EXCEPTING THEREFROM Tract #1: A part of the South Half of the Northeast Quarter of Section 1, Township 8 North, Range 1 East of the Second Principal Meridian in Brown County, Indiana, described as follows:
Beginning at an existing Sandstone marking the southwest comer of the East Half of the Northeast Quarter of said Section 1-8-1; thence N 890.54′-08" W (assumed bearing) along the south line of the South Half of the Northeast Quarter of said Section 1-8-1 a distance of 30.00 feet to a 5/8 inch rebar set; thence N 009-36-32" Ea distance of 392.89 feet to a S/8 inch rebar set; thence S 899.43′ 20" E a distance of 1,328.51 feet to a 5/8 inch robar set on the east line of said South Half of Quarter Section; theacs S 00°00’00" E along the cast line of said South Half of Quarter Section a distance of 227.80 feet to an existing U.S. Government Marker, thence continning S 00’00’00" E along the cast line of said South Half of Quarter Section a distance of 165.00 feet to the southeast comer of said South Half of Quarter Section; thence N 89° 43′-20" W along the south linc of said South Half of Quarter Section a distance of 1,302.68 feet to the point of beginning, Containing 11.998 sores, more or less, and subject to all legal easements and rights-of-way of record.
Containing in all of Tract #1 101.492 acres.
60073909, 4/14/21, hspaxlp, 21-67
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Notice to Taxpayers of
Additional Appropriations
Notice is hereby given to the taxpayers of Brown County, Indiana that the County Council will consider the following additional appropriations in excess of the budget for the current year at their regular meeting place at 201 Locust Lane, Nashville, Indiana at 6:30pm on the 19th day of April 2021.
Prosecutor office seeking $ 2,000 annually to compensate for extra duties enforcing the Animal Control Ordinance for Mr. Brent Cullers.
Sheriffs Department requesting an additional appropriation of $2,400.00 for fund 7111 Sex & Violent Offender Fund.
April 8, 2021
Julia Reeves, Brown County Auditor
60074145, 4/14/21, hspaxlp, 21-68
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The Brown County Board of Commissioners will hold its first reading of the proposed septic ordinance Wednesday, April 21 at 2 pm in the Salmon Room at the county annex building and via Zoom.
Health Board Approved Septic Ordinance July 21, 2020
SEPTIC ORDINANCE FOR BROWN COUNTY, INDIANA
RESOLUTION
It is the desire of the Brown County Board of Health to replace the Ordinance No. 97-875 regarding the construction, maintenance, inspection, and operation of onsite sewage systems (also referred to as septic systems) to include all properties within Brown County, Indiana. Accordingly, it is hereby resolved by the Brown County Commissioners that Ordinance No. 97-875 is replaced by this Ordinance.
Applicable Indiana law and, specifically, the requirements found in Rule 410 IAC 6-8.3 are fully incorporated by reference as a part of this Ordinance and shall include any later amendment, repeal, or replacement to the statutes and regulations as the same are published in the Indiana Administrative Code, with effective dates as fixed herein. All interested persons should refer to Rule 410 IAC 6-8.3 to wholly interpret their individual application.
Set forth below are certain requirements adopted by the Brown County Board of Health (and approved by the Brown County Commissioners), in addition to the requirements of the Indiana State Department of Health set forth in Rule 410 IAC 6-8.3, relating to the construction, maintenance, inspection and operation of onsite sewage systems in Brown County, Indiana.
Proper operation and maintenance of septic systems is critical to the long-term functionality of onsite sewage systems. The Indiana Onsite Wastewater Professionals Association (IOWPA) is an excellent reference. Purdue University’s Extension Service offers guidance documents for operating and maintaining onsite sewage systems, including document # HENV-107-W.
ARTICLE I
PERMITS
Installation of new onsite sewage systems, and repairs or modifications to existing systems, require a septic permit issued by the Brown County Health Officer. The Brown County Health Department will review applications for completeness and provide timely responses to the property owner, or its designee, for deficiencies and re-submittal requirements for approval.
Section 101: The property owner or agent of the owner must obtain a septic permit signed by the Brown County Health Officer prior to construction of any building or private residence for which an onsite sewage system is required. Plans, specifications, and other information shall be reviewed by the Brown County Health Officer prior to issuance of a permit. A permit shall be paid for at the time the application is filed.
Section 102: The Brown County Recorder shall record any bedroom affidavit required by Indiana Code 410 IAC 6-8.3 Sec.6 (2) to exempt any potential bedrooms in the definition of bedrooms for the purpose of sizing an onsite septic system for a residence. A copy of the recorded affidavit must be supplied to the Brown County Department of Health before any onsite septic system permit can be issued.
Section 103: A newly-constructed dwelling cannot be occupied until the septic permit is signed and an occupancy permit has been issued.
Section 104: The permit shall be posted in a conspicuous place at or near the construction site. It should be plainly visible from the public thoroughfare. The permit must be available on site for final inspection approval signature by the Brown County Health Officer.
Section 105: Before commencement of construction of any public or semi-public building or establishing a recorded subdivision, all plans and specifications must be submitted to the Indiana State Board of Health for review and letter of approval. Upon receipt of the letter of approval, a local construction permit must be obtained from the Area Plan Commission.
Section 106: All permits issued for construction of a private onsite sewage system are valid for a period of one (1) year from date of issuance. All construction must be completed within one year from date of issuance of the septic permit; otherwise, applicants must reapply and receive a new permit and pay another permit fee. When laws change within the timeframe the permit is active, the permit shall be deemed grandfathered as issued. Renewal permits are subject to applicable Indiana law and this Ordinance, all as amended from time to time.
ARTICLE II
INSTALLATION
Numerous treatment systems have been developed, and are being developed, to offer reasonable alternatives to traditional tank and lateral field septic systems. New systems (for example, poly tanks and Presby systems) continue to enter the marketplace, but may be at higher cost to install and operate and require more extensive record keeping to insure proper operation. The Brown County Board of Health, according to Rule 410 IAC 6-8.3, will evaluate these systems for use in Brown County.
Section 201: The onsite sewage system and soil absorption area must be identified and flagged prior to construction of any building or improvement suitable for occupancy and prior to a mobile home being placed on the property. The soil absorption area must be protected from vehicle traffic or anything that could cause compaction.
Section 202: Onsite sewage systems with issued permits must be installed and/or upgraded and receive final approval by the Brown County Health Department prior to any construction above the foundation floor level and prior to a mobile home being moved onto the property without prior approval of the Brown County Health Officer.
Section 203: For new residential construction, major repairs, and replacements, all tanks for two (2) bedrooms or less must be a minimum of 1,000 gallons. Placement of all septic tanks shall be a minimum of 10’ from the structure and a recommended maximum distance of 25’ from the structure.
Section 204: The elevation readings must be identified on the proposed septic drawings provided by a Brown County Registered Septic Contractor. Drawings without elevation readings or any other information deemed necessary by the Brown County Health Officer will not be approved.
Section 205: Each property owner must obtain a Soil Evaluation Report showing three soil borings, or one pit and two soil borings, per septic site. All of the soil borings or pits must be located within the soil absorption field or bed.
Section 206: For each dwelling, five hundred (500) square feet of subsurface absorption field for each bedroom and/or bedroom equivalent, with a minimum of one thousand (1000) square feet, is required for soils with a soil loading rate of 0.3 or greater. Six hundred (600) square feet of subsurface absorption field per bedroom is required for 0.25 soil loading rate. Sand-lined systems, or other technology new to Indiana (TNI) shall be configured on state-approved guidelines. Additional square footage may be required by the Brown County Health Officer as a result of the Soil Evaluation Report.
Section 207: All trench systems must have five (5) feet of non-perforated pipe measured from the header trench to each absorption trench. This 5-foot requirement does not count for the calculation of a system’s absorption area.
Section 208: The distribution box must be coated with an asphaltic coating, with the exception of plastic distribution boxes, and contain speed levelers on each outlet pipe except as provided in Section 209.
Section 209: Speed levelers are not required on sand-lined systems if the distribution box is used only as a velocity reducer.
Section 210: Buildings, foundations, slabs, garages, patios, barns, outbuildings, above ground and belowground swimming pools, retaining walls, roads, driveways, parking areas, decks, fences, and paved sidewalks must be a minimum of twenty-five (25) feet from the absorption field if located down slope from the absorption field without a perimeter drain.
Section 211: If the distribution box does not have a riser, a piece of rebar the length of the distribution box must be placed on the lid for future metal detection locating.
Section 212: A perimeter drain is required on all four (4) sides on all sand-lined systems and sand mounds unless a change or exemption is approved by the Brown County Health Officer prior to installation.
Section 213: The high vent on sand-lined systems requiring such vent requires a 4′ anchor pipe attached to a “TEE” coming off of the distribution box for stability.
Section 214: The distance of a subsurface drain must be a minimum of ten (10) feet from the absorption field, and no greater than fifteen (15) feet. The father the distance the less effective the drain will be.
Section 215: A variance of any provision of this Article II may be approved by the Brown County Health Officer due to an extenuating circumstance (for example, poor soil condition, rockiness or steepness of slope).
ARTICLE III
REPAIR OR REPLACE EXISTING ONSITE SEWAGE (SEPTIC) SYSTEMS
The Brown County Board of Health acknowledges that a number of older onsite sewage systems may not meet all current requirements of the County or the Indiana State Department of Health due to site or system limitations. Accordingly, the Brown County Health Officer may consider proposals for repair or remediation that make the best use of the available space and systems and meet reasonably acceptable standards in the interest of public health and environmental concerns.
Section 301: For the purposes of this Ordinance, a landscape modification means any excavation or alteration of landscape or surface area within or adjacent to an onsite sewage system as defined in Rule 410 IAC 6.8-3-57.
Section 302: To insure there are no encroachments on or into the on-site sewage system area the owner shall obtain a septic record or septic locate approved by the Brown County Health Officer prior to any landscape modifications. Reference Section 201.
Section 303: When soil absorption field replacement is required and no other site is available, a sand-lined system (or other TNI approved by the Indiana State Department of Health) can be installed at the same location as the old septic system. In such cases, the old septic system must be removed and Spec 23 sand added to fill the void. This work must be completed by a Brown County Registered Septic Contractor in accordance with the manufacturer’s construction and installation manuals.
Section 304: Examples of failures include, but are not limited to, the following: the backup of sewage into a structure; the connection of an onsite sewage system to any drain tile; liquid level in a septic tank above the inlet invert; liquid level in a treatment unit above that recommended by the manufacturer; structural failure of a septic tank or treatment unit; or water samples documenting contamination of ground water or surface waters caused in whole or in part by the onsite sewage system.
ARTICLE IV
TECHNOLOGY
The Technology New to Indiana document, or TNI, is a cumulative listing of additional septic system designs and components approved for application and use by the Indiana State Department of Health. Given the challenging soil types for septic installations in Brown County, the Brown County Health Department will consider approved TNI alternative technologies, when appropriate. The adoption by reference in this section to TNI reflects the commitment of the Brown County Health Department to consider other options as to solve the County’s septic challenges, taking into consideration public health and environmental matters.
Section 401: The installation of any other residential sewage disposal systems not described in Indiana State Department of Health Bulletin S. E. 11 and Rule 410 IAC 6-8.3 shall be approved by the Brown County Health Officer after plans and specifications bearing the written approval of the Indiana State Department of Health have been received.
ARTICLE V
INSTALLATION INSPECTIONS
Inspection of a new installation, or the repair or modification to an existing septic system, is critical to insure that the project is completed in accordance with the plans and specifications of the manufacturer. Brown County Health Department representatives will work with the homeowner and authorized septic contractors to review the progress of each septic project and approve each project when all requirements are met.
Section 501: For the purposes of this Ordinance, a Brown County Registered Septic Contractor means a person who has passed the Brown County Health Department’s septic test within the required time frame and has paid the annual contractor’s fee for that given year. See Article VI herein.
Section 502: The Brown County Health Department has the authority to administer a stop-work order and the Brown County Registered Septic Contractor shall not continue any work until the stop-work order has been lifted.
Section 503: A Brown County Registered Septic Contractor must be on site for all inspections, including the final inspection, and as required by the Brown County Health Department.
Section 504: The Brown County Registered Septic Contractor will be required to uncover any improperly covered up work to allow proper inspection. Additional soil cover (if required), seeding, and placing straw over the absorption field are the responsibility of the Brown County Registered Septic Contractor and will be required prior to final approval by the Brown County Health Officer.
Section 505: The site evaluation may be postponed until the area is cleared based on Rule 410 IAC 6-8.3-74(f), and a re-inspection fee will be incurred. If the ground is disturbed, a new septic site may be required.
Section 506: For site evaluations, the septic system must be visibly marked with a flag at the beginning and a flag at the end of each trench or bed, and a flag approximately every 20′ along each finger or 30 feet along the upper and lower edge of each bed. The Brown County Registered Septic Contractor must identify the contour of the septic beds or each trench finger sufficiently with flags for the site evaluation.
Section 507: At least two (2) inspection ports are required in the subsurface drain for inspection purposes. The inspection ports must be no higher than four (4) feet tall.
Section 508: If a property has a gate or other device restricting access, the gate or device must be unlocked for site evaluation(s). If access is denied for any reason, a re-inspection fee will be incurred.
ARTICLE VI
REGISTRATION FOR SEPTIC CONTRACTORS
In an effort to avoid unnecessary and preventable losses and expenses for property owners, contractors and others shall be required to satisfy all requirements for registration as a Brown County Registered Septic Contractor; it being understood that soils conditions and slopes of Brown County can present unique and difficult challenges requiring particular knowledge and expertise.
Section 601: Any person engaged in or intending to engage in the installation or repair of onsite sewage (septic) systems within Brown County, Indiana shall submit an application to the Brown County Health Officer to have their name placed on the County Register as an approved contractor. In addition, such person must pay an annual fee prescribed by the Brown County Health Department.
Section 602: The applicant must successfully pass a written test of requirements administered by the Brown County Health Department.
Section 603: A Brown County Registered Septic Contractor must be adequately insured and provide proper documentation confirming coverage(s) of such at time of license application and annual license renewal. Required coverages include at least $1,000,000 general liability and completed operations liability insurance.
Section 604: After providing notice of a violation and reasonable opportunity to remediate, the Brown County Health Officer shall remove the name of any person, and his or her firm, from the register of approved persons for the installation, construction, and repair of onsite sewage systems if the person has failed to comply with all rules and requirements of this Ordinance.
The notices and penalties are as follows:
1st violation within a 12-month period receives a written notice.
2nd violation within a 12-month period receives a 30-day name removal from the contractors list.
3rd violation within a 12-month period receives a 3-year name removal from the contractors list. (See Section VI if the contractor/firm wishes to install septic systems after the end of the 3-year violation period.)
Once the contractor/firm’s name is removed from the contractors list, no septic work can be performed by the contractor/firm.
Section 605: A Brown County Registered Septic Contractor must be certified by the septic system manufacturer to install those systems that specifically require certification by the Indiana State Department of Health. A list of approved onsite sewerage (septic) systems is maintained by the Brown County Health Department.
ARTICLE VII
CHANGE-OF-USE INSTALLATION INSPECTIONS
Onsite property inspections are part of mandated procedures for evaluation, compliance, and approvals as set forth in Rule 410 and, specifically Section 6-8.3-51.
Section 701: If the property owner or agent of the owner requests an inspection, the Brown County Health Department may require additional information regarding the onsite sewage (septic) system in order to provide an accurate and adequate inspection. If the Brown County Health Department does not have sufficient information on the current septic system on file, the requestor shall hire an on-site inspector (either nationally or state accredited) which includes any certified Brown County Contractor that wishes to participate to locate the septic system, prepare a drawing of the system and complete and submit a septic system information form to the Brown County Health Department.
Section 702: A visual inspection can only take place when a septic system has been used with a minimum of 2,000 gallons of water within the past 30 days.
ARTICLE VIII
TOURIST HOMES AND BED & BREAKFASTS
In Brown County, the permitted occupancy of an approved tourist home (also referred to as a guest rental) or a bed & breakfast is a change of use from residential use. When the occupancy is maximized, the septic system will be stressed so the septic system will need to meet the current code of 75 gallons per person on any given day. Reference Article VII (Change of Use)
Section 801: If the septic system for a guest rental including, but not limited to tourist homes and bed & breakfasts, does not meet current standards, the septic system must be upgraded to meet or exceed current standards.
Section 802: The minimum required size of the onsite sewage system for a proposed tourist home, guest rental, or bed & breakfast shall be determined by the maximum number of guests times the daily design flow of 75 gallons per person per day on any given day.
Section 803: For guest rentals, the number of guests will be determined by the sleeping features:
Twin/cot = 1 person
Double/queen/king = 2 people
Sleeper sofa/sleeper loveseat = 2 people.
ARTICLE IX
NOTICE OF POSSIBLE
VIOLATION
The Brown County Board of Health relies upon the Brown County Health Department and its officers and agents to communicate with persons affected by this Ordinance.
Section 901: Any person found to be in violation of any provision of this Ordinance shall be served by the Brown County Health Department, acting through the duly appointed Health Officer or the Health Officer’s agent, with a written order stating the nature of the violation and setting a time limit for satisfactory correction thereof.
ARTICLE X
PENALTIES
In order to insure public health, the Brown County Board of Health has authorized the assessment of penalties, including fines and/or injunctions. These penalties are intended to promote compliance with the requirements of this Ordinance.
Section 1001: Any person determined to be in violation of any part of this Ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500) for the first offense, and for the second offense and each subsequent offense, by a fine of not more than One Thousand Five Hundred Dollars ($1,500).
Section 1002: For purposes of Section 1001, each day after the expiration of the time limit determined by the Brown County Health Department (acting through the duly appointed Brown County Health Officer or agent) for correcting a health hazard relating to a septic system shall constitute a distinct and separate offense.
Section 1003: In the event enforcement of this Ordinance requires the enforcing agency to commence litigation and a court finds a violation of this Ordinance, in addition to the fines and penalties and other remedies set forth in this Article, the enforcing agency may also be rewarded any costs associated with the prosecution including, but not limited to, reasonable attorney’s fees, and the same may become a civil judgment against the violator. The enforcing agency may also be entitled to seek any other legal remedy against any person or firm violating any provision of this Ordinance.
Section 1004: In addition to imposing fines, the enforcing agency may seek injunctive relief from any court of competent jurisdiction to abate a public health hazard, nuisance, or violation of this ordinance.
ARTICLE XI
ADMINISTRATIVE APPEAL
Section 1101: Any person who is aggrieved by a decision of the Brown County Health Officer or its agent may submit an appeal to the Brown County Board of Health. The said decision shall be deemed final unless appealed with thirty (30) days. Upon receipt of a written appeal (which contains an explanation of objections to the decision), the Brown County Board of Health shall schedule a hearing to consider the matter no later than its next scheduled public meeting date or sixty (60) days.
ARTICLE XII
VALIDITY
Section 1201: All other county ordinances or parts of such ordinances which are in direct conflict with the provisions of this Ordinance are hereby superseded for purposes of interpreting and enforcing the purposes, intent, and provisions of this Ordinance.
Section 1202: The judicial determination of the invalidity or enforceability of any section, clause, sentence, or provision of this Ordinance shall not affect the validity or enforceability of any other part of this Ordinance.
ARTICLE XIII
ORDINANCE IN FORCE
Section 1301: This Ordinance shall be in full force and effect from and after its passage and adoption by the Commissioners of Brown County, State of Indiana.
Section 1302: This Ordinance supersedes the Brown County Ordinance #97-875 which is no longer in effect.
Section 1303: Passed and adopted by the Commissioners of Brown County, State of Indiana, on this ___________ day of ________________, 2020.
60074234, 4/14/21, hspaxlp, 21-69
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