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As a condition of approval and issuance of the permit, the City of Carmel shall require the applicant to provide financial performance and maintenance guarantees in accordance with Section 5.07 of the City of Carmel Subdivision Control Ordinance. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the SWPPP, the stormwater quality management plan, and any permit conditions. Notice of the scheduled date for completion of construction shall be provided to the City of Carmel at least 72 hours prior to its planned completion. The owner will schedule the final inspection, the storm drain and site grading. Performance sureties will be released in accordance with Section 5.07.03 of the Subdivision Control Ordinance.
(Ord. D-1794-06, 2-6-06)
(a) A self-monitoring program shall be implemented for all permitted land disturbing activities. A trained individual shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site should be monitored at least once in that week.
(b) The evaluation shall document the maintenance efforts of existing best management practices to ensure proper function in accordance with this Article; and identify additional measures necessary to remain in compliance with all applicable statutes and rules.
(c) Written evaluation reports include the following:
(1) The name of the individual performing the evaluation;
(2) The date of the evaluation;
(3) Problems identified at the project site; and
(4) Details of corrective actions recommended and completed
(d) All evaluation reports for the project site shall be made available to the City of Carmel within 48 hours of a request.
(e) The City of Carmel will perform inspections at their discretion to evaluate the installation, implementation, and maintenance of control measures and management practices at any project site involved in construction activities and provide necessary recommendations for conformance with the provisions of this Article and the stormwater management permit. Access to the construction project site shall be provided in accordance with § 6-193. If inspections are required outside the set inspection schedule (City of Carmel Department of Engineering fee ordinance) than an additional re-inspection fee will be charged (City of Carmel Department of Engineering fee ordinance).
(f) A pre-construction meeting is required to be held with the participation of the City of Carmel and other entities involved prior to any grading activity to ensure that appropriate erosion control measures have been implemented on the site and the location of any existing tiles have been properly marked.
(g) If after a recommendation is provided to the entity, corrective action is not taken; the City of Carmel will pursue enforcement in accordance with this Article.
(Ord. D-1794-06, 2-6-06)
(a) The City of Carmel has established a minimum standard that the measurement of the effectiveness of the control of stormwater quality will be based on the management of total suspended solids (TSS). The project site owner must submit to the City of Carmel, a post-construction SWPPP that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the City of Carmel Stormwater Technical Standards Manual and would demonstrate that the expected TSS loadings in runoff associated with one inch of rainfall will be reduced by a minimum of 80% at the outfall(s) exiting the site. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the City of Carmel Stormwater Technical Standards Manual. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance (minimum 80% TSS removal) and ease of maintenance of such practices will be according to guidelines provided in the City of Carmel Stormwater Technical Standards Manual, would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the City of Carmel Stormwater Technical Standards Manual.
(b) The following activities are exempt from the requirements of this section:
(1) Agricultural land-disturbing activities; or
(2) Timber harvesting activities; or
(3) Construction activities associated with a single-family residential dwelling disturbing less than five acres, when the dwelling is not part of a larger common plan of development or sale; or
(4) A single-family residential strip development where the developer offers for sale or lease without land improvements and the project is not part of a larger common plan of development of sale; or
(5) Individual building lots within a larger permitted project.
(Ord. D-1794-06, 2-6-06)
(a) BMPs shall be maintained in a condition that their effectiveness in treating runoff is not diminished, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual or the City of Carmel Stormwater Technical Standards Manual, and the terms and conditions of an approved stormwater management permit, and shall not be subsequently altered, revised, or replaced, except in accordance with the provisions of an approved stormwater management permit (as amended or revised) or as approved by the City of Carmel. The BMP owner is considered in violation of this Article if the BMP is not maintained properly.
(b) Following the issuance of an NOT or the installation of an acceptable BMP, inspection and maintenance of the BMP(s) shall be the long-term responsibility of the HOA or entity as specified in restrictive covenants. The HOA or entity is required to inspect the referenced BMP(s) at least once per year. The inspections shall follow the operation and maintenance procedures included in the City of Carmel Stormwater Technical Standards Manual and/or the stormwater management permit for each specific BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. The HOA or entity is required to submit a yearly inspection report form (City of Carmel Stormwater Technical Standards Manual) demonstrating proof of inspection, with the first report to be required one year after the HOA or entity gains ownership of the BMP(s), and subsequent reports due each year within the month of the original transfer of ownership. Noted deficiencies and corrective actions taken should be included in the report.
(c) The City of Carmel has the authority to perform long-term inspection of all public or privately owned BMPs. Such inspections will be in addition to that required to be performed by the HOA or the entity on a regular basis. The HOA or entity is in violation of this Article if an inspection report is not submitted to the City of Carmel within one month of the date due, if the HOA or entity fails to correct noted deficiencies within the allowed time period, or if the City of Carmel identifies a violation that was stated as not existing in the submitted inspection report.
(Ord. D-1794-06, 2-6-06)
(a) In the event an entity has violated this Article, the City of Carmel may order compliance by written notice of violation to the entity. Such notice may require without limitation:
(1) The performance of monitoring, analyzing, and reporting;
(2) The elimination of illicit connections or illicit discharges;
(3) That illicit discharges shall cease and desist;
(4) The abatement or remediation of the illicit discharge and the restoration of any affected property;
(5) Payment of a fine;
(6) The implementation of source control and/or installation of acceptable BMPs;
(7) Payment of any costs borne by the City of Carmel, including but not limited to, remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees;
(8) The installation, implementation, and/or maintenance of the approved components of a SWPPP or other erosion and sediment control practices as deemed necessary by the City of Carmel;
(9) Issuance of a stop work order; and/or
(10) Revocation or suspension of the stormwater management permit.
(b) The City of Carmel may, without prior notice of violation, suspend storm drainage system or MS4 access to an entity in the form of a suspension order when such suspension is necessary to stop an actual or threatened illicit discharge which presents or may present imminent and substantial danger.
(c) The notice of violation or suspension order shall:
(1) Be in writing;
(2) Include a description of the property for identification;
(3) Include a statement of the violation(s) and section violated and why the notice or order is being issued;
(4) Include a description of corrective actions to be taken allowing a sufficient reasonable amount of time, of at least one day from the time the notice of violation or suspension order is given, to make the repairs and improvements required to bring the property into compliance with the provisions of this Article; and
(5) Include a notice containing the right to appeal the City of Carmel's determination to the Board of Public Works in accordance with § 6-206.
(d) Reinspection of remedied violations will be assessed a reinspection fee in accordance with the City of Carmel Department of Engineering fee ordinance.
(e) If the entity fails to comply with a suspension order or fails to perform steps provided in a notice of violation within the established deadline, then the City of Carmel may take steps as deemed necessary to prevent or minimize damage or remediate a violation. All reasonable costs associated with the abatement or restoration shall be assessed against the owner of the property and may be filed as a lien against the property in the amount of the assessment. It shall be unlawful for any entity, owner, agent or person in possession of any premise to refuse to allow the City of Carmel or its designated contractor to enter upon the premise for the purposes set forth above.
(f) In the event of a suspension, the City of Carmel shall not reinstate suspended services or MS4 access to the entity until the entity presents proof, satisfactory to the City of Carmel, the illicit discharge has been eliminated and its cause determined and corrected. An entity violates this Article if the entity reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City of Carmel.
(g) In addition to the penalties listed above, if construction activities are conducted contrary to the provisions of this Article or a stormwater management permit, the City of Carmel may order the work stopped by notice in writing, in the form of a stop work order, served on any entity engaged in the doing or causing of such work to be done, and any such entity shall forthwith stop such work until authorized by the City of Carmel to proceed with the work.
(Ord. D-1794-06, 2-6-06)
(a) Any entity receiving a notice of violation may appeal the determination of violation to the effect that a notice of violation or order served in accordance with this Article is in error, or should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works for rescission of the notice or order, or for a modification, variance, or extension of time for compliance.
(b) A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller’s Office, to be placed on the Board of Public Works and Safety agenda, within ten days of the appellant’s receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request.
(c) All hearings before the Board of Public Works and Safety shall be open to the public. The appellant, the appellant's representative, and any persons whose interests are affected shall be given an opportunity to be heard.
(d) Prior to ruling on an appeal, the Board of Public Works and Safety shall make the following findings:
(1) The violator was served with a notice or order.
(2) The notice or order that was served stated the specific nature of the violation; corrective action to be taken to abate the violation; and a specific time period for abatement of violation.
(3) Within the time period stipulated by the notice or order, the violator failed to comply by not abating the violation, and/or not bringing into compliance with this Article.
(4) Upon expiration of the date indicated for compliance in the notice or order, the premises was being maintained in violation of specific provisions of this Article and/or conditions imposed by Board of Public Works and Safety as a prerequisite to the modification of a previous compliance order.
(5) Determination that a violation exists on the premises.
(e) At the conclusion of the hearing at which a continuance is not granted, the Board of Public Works and Safety may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Board's determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Article.
(f) Any entity, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(g) Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works and Safety hears rules on the appeal.
(Ord. D-1794-06, 2-6-06; Ord. D-2505-19, 12-16-19)
No owner of any premise upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with, or until such owner first furnishes the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the City of Carmel and furnishes to the City of Carmel a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making corrections or repairs required by such notice of violation.
(Ord. D-1794-06, 2-6-06)
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