(A) This section applies to all development, or re-development of land, that results in land disturbance of one acre or more. Individual lots with land disturbance less than one acre shall refer to §§ 55.060 through 55.063 and §§ 55.075 through 55.079 for plan review requirements and procedures. The Town of Bargersville issues inclusive permits whereas stormwater is reviewed and approved as a part of the building or improvement location permit. These projects do not require a separate stormwater management permit. Projects that are not associated with another permit will be required to obtain a drainage modification permit from the Department of Development.
(1) (a) General procedures. The project site owner shall submit an application for a stormwater management permit to the town. The application will include a completed application checklist, construction plan sheets, a stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in § 55.082 below. Digital copies of all required information must be submitted to the Department of Development in .pdf format via the Citizen's Self Service Portal or provided on a thumb drive. The town may, at its discretion, require submission to the Johnson County Surveyor, or other entity deemed appropriate by the town.
(b) After the town's receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, it will be reviewed in detail by the town and/or its plan review consultant(s). Once all comments have been received and review completed, the town will either approve the project, request modifications or deny the project. If the applicant does not agree with or accept the review findings and wishes to seek an appeal, staff will place the project on the agenda of the next regularly scheduled meeting of the Bargersville Stormwater Utility Board, provided the agenda for the meeting has not yet been advertised or published. If time for notification does not allow, the project shall be placed on the following regularly scheduled meeting of the Stormwater Utility Board. The town will furnish the applicant a complete list of comments and objections to the plans and accompanying data prior to the scheduled meeting. After the scheduled meeting, the Stormwater Utility Board will either issue a permit, request modifications to the construction plans, or deny the project.
(c) The project site owner must notify the town and IDEM before beginning construction. Notification to the town shall be in the form of an email while the notification to IDEM shall be in the form of an online IDEM NOI submittal. Once a permit has been issued and the pending construction notifications submitted to the town and IDEM before the beginning of construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terms and conditions of the approved permit. Upon completion of construction activities, a Certification of Completion and Compliance and as-built plans must be submitted to the Department of Development (this should be done at the same time a final inspection is requested). Once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed, a notification shall be sent to the town requesting a termination inspection. The town, or its representative, shall inspect the construction site to verify that the completed project is fully stabilized and meets the requirements of Bargersville's stormwater ordinance and its technical standards and that the terms and conditions of the permit. Once the applicant receives a signed copy of the Termination Inspection Checklist confirming compliance, they must forward a copy to IDEM along with the required IDEM NOT form. Permits issued by the town under this scenario will expire five years from the date of issuance. If construction is not completed within five years, an updated permit application must be submitted to the town and an updated NOI must be resubmitted to IDEM at least 90 days prior to expiration.
(B) SWPPP review time limits. Pursuant to I.C. 13-18-27, an MS4-designated entity or other review authority such as SWCD must make a preliminary determination as to whether the construction plan associated with SWPPP is substantially complete before the end of the tenth working day after the day on which the construction plan associated with SWPPP is submitted to the review authority, in the case of a less than five acres construction activity site or the fourteenth working day after the day on which the construction plan associated with SWPPP is submitted to the review authority, in the case of a five acres or larger construction activity site. Depending on the outcome of the SWPPP review, the following scenarios may play out:
(1) No SWPPP review notification received. If the review authority does not notify of its preliminary determination as to whether the construction plan is substantially complete within either ten or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the Bargersville Stormwater Technical Standards Manual, and after submission of the notice of intent letter to IDEM, may begin the construction project including the land disturbing activities of the construction project.
(2) SWPPP not substantially complete. If the review authority notifies the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under the IDEM rule/permit, or this chapter and the Bargersville Stormwater Technical Standards Manual.
(3) Unfavorable SWPPP. If the review authority notifies the construction plan is substantially complete; and makes a conclusive unfavorable determination concerning the construction plan under IDEM rule/permit, or this chapter and the Bargersville Stormwater Technical Standards Manual; the land disturbing activities of the construction project must stop when the review authority notifies the project site owner of the review authority's conclusive unfavorable determination concerning the construction plan.
(C) Note that the above time limits only apply to the SWPPP portion of the overall stormwater permit submittal and does not affect any official or non-official permit review timelines set by the entity for other aspects of the stormwater permit application.
(Res. 2024-03, passed 7-22-2024; Ord. 2024-15, passed 8-13-2024)