(A) Regular termination of a project. The project site owner must plan an orderly and timely termination of construction activities, including the implementation of storm water quality measures that are to remain on the project site.
(B) Notice of termination. The project site owner must submit a notice of termination (NOT) letter to the Director of IDEM, and transmit a copy of the NOT to the Town of Chandler Engineer or Storm Water Department Manager or his or her designee in accordance with this section.
(C) Conditions of termination. Except as provided in this section, at division (E) below, the project site owner shall submit an NOT letter only when the following conditions have been met:
(1) All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized.
(2) All temporary erosion and sediment control measures have been removed.
(D) Statement. The NOT letter must contain a statement, verified by the Town of Chandler Engineer or Storm Water Department Manager, that each of the conditions in this section, at division (C) above have been met.
(E) Early release termination. The project site owner may submit a NOT letter to obtain early release from compliance with this subchapter and from permit regulations under 327 I.A.C. 15-5, if the following conditions are met:
(1) The project site owner has notified existing owners of title of the remaining undeveloped lots that the individual lot owners and the individual lot operators will be responsible for the implementation, management, and timely removal of storm water quality measures appropriate and sufficient to meet the requirements, provisions, and regulations of this subchapter, and for final stabilization of the individual lot in accordance with this subchapter.
(2) The project site owner has recorded a copy of each of the notifications to the property owners in the record appropriate for chain of title documents in the office of the Warrick County Recorder.
(3) The project site owner has provided the Town of Chandler Engineer or Storm Water Department Manager with verification of the recording of the notification documents and verification of their delivery to the affected property owners of record.
(4) The remaining undeveloped acreage does not exceed 5 acres, with contiguous undeveloped areas not to exceed 1 acre in aggregate.
(5) A map of the project site, clearly identifying all remaining undeveloped lots, is attached to the NOT letter sent to IDEM, with a copy sent to the Town of Chandler Engineer or Storm Water Department Manager.
(6) The map must contain a list of names and addresses of the individual lot owners of title of all undeveloped lots and, if applicable, the individual lot operators.
(7) All public and common improvements, including infrastructure and storm water drainage facilities in accordance with the approved construction plans and applicable plans approved by the Town of Chandler Engineer or Storm Water Department Manager, have been completed and permanently stabilized and have been transferred to the appropriate local entity, homeowners association, or applicable property owner or land management entity.
(8) The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality.
(9) All permanent storm water quality measures have been implemented and are operational.
(F) IDEM requires notice to subsequent lot owners and lot operators in accordance with the state rule. Following the acceptance of the NOT letter and written approval from IDEM for early release under 327 I.A.C. 15-5-8(b), a project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the remaining undeveloped acreage and acreage with construction activity that they are responsible for complying with 327 I.A.C. 15-7-5. The notice must contain a statement verified by the Town of Chandler Engineer or Storm Water Department Manager that each of the conditions enumerated in division (E) above have been met; and the project site owner must inform the individual lot owners of remaining undeveloped lots of the following 2 requirements:
(1) To install and maintain appropriate measures to prevent sediment from leaving the individual building lots; and
(2) To maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan.
(G) Final inspection prior to early release NOT. The Town of Chandler Engineer or Storm Water Department Manager must inspect the project site to evaluate the adequacy of the remaining storm water quality measures and compliance with the NOT letter requirements and make a relevant report to IDEM. If the inspecting entity finds that the project site owner has sufficiently filed a NOT letter, the Town of Chandler Engineer or Storm Water Department Manager shall forward (verified NOT) notification to IDEM. Upon receipt of the verified NOT letter by IDEM and receipt of written approval from IDEM, the project site owner shall no longer be responsible for compliance with 327 I.A.C. 15-5.
(H) Post-permit responsibility for maintenance. After a verified NOT letter has been submitted for a project site and approved by IDEM, maintenance of the remaining storm water quality measures will be the responsibility of the individual lot owner or occupier of the property in accordance with this subchapter and other applicable local codes.
(Ord. 2006-6, passed - -; Am. Ord. 2008-10, passed 11-17-2008)