(A) The project site applicant shall submit a notice of termination (NOT) letter to the MS4 Department in accordance with the following:
(1) Except as provided in division (2), the project site owner shall submit a NOT letter when the following conditions have been met:
(a) All land altering activities, including construction on all building lots has been completed and the entire site has been stabilized.
(b) All temporary erosion and sediment control measures have been removed.
(2) The project site applicant may submit a NOT letter to obtain early release from compliance with this subchapter if the following conditions are met:
(a) The remaining, unimproved acreage does not exceed five acres, with contiguous areas not to exceed one acre.
(b) A map of the project site, clearly identifying all remaining unimproved lots is attached to the NOT letter. The map must be accompanied by a list of names and addresses of individual lot operators of all unimproved lots.
(c) All public and common improvements, including infrastructure, have been completed and permanently stabilized and all public improvements have been transferred to the county.
(d) The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality.
(e) All permanent storm water quality measures have been implemented and are operational.
(B) The NOT letter must contain a verified statement that each of the conditions in this subchapter have been met.
(C) Following acceptance of the NOT letter and written approval from the county for early release under division (A), the project owner shall notify all current individual lot owners and subsequent individual lot owners of the requirement to:
(1) Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
(2) Maintain all erosion and sediment measures that are to remain on-site as part of the construction plan.
(D) The MS4 Department may inspect the project site to evaluate the adequacy of the remaining storm water quality measures and compliance with the NOT letter requirements. If the inspecting entity finds that the applicant has sufficiently filed a NOT letter, the inspecting entity shall forward notification to IDEM, and the applicant shall no longer be responsible for compliance with this subchapter.
(E) After a verified NOT letter has been submitted for a project site, maintenance of the remaining storm water quality measures shall be the responsibility of the individual lot owner or occupier of the property.
(Ord. 2020-05, passed 9-28-2020)