(A) The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
(B) The project site owner shall submit a Notice of Termination (NOT) letter to the town in accordance with the following:
(1) Except as provided in division (B)(2) of this section, the project site owner shall submit a NOT letter when the following conditions have been met:
(a) All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized; and
(b) All temporary erosion and sediment control measures have been removed;
(2) The NOT letter must contain a verified statement that each of the conditions in this division has been met;
(3) The project site owner may submit a NOT letter to obtain early release from compliance with this chapter, if the following conditions are met:
(a) The remaining, undeveloped 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 undeveloped lots, is attached to the NOT letter. The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all undeveloped lots;
(c) All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the town or another appropriate local entity;
(d) The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality; and
(e) All permanent storm water quality measures have been implemented and are operational;
(4) Following acceptance of the NOT letter and written approval for early release under this division (B), the 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 this chapter. The remaining individual lot owners do not need to submit a NOI letter or NOT letter. The notice must contain a verified statement that each of the conditions in division (B)(3) of this section have been met. The notice must also inform the individual lot owners of the requirements to:
(a) Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
(b) Maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan;
(5) The SWCD, DNR-DSC or a designated representative of the town 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 inspection finds that the project site owner has sufficiently filed a NOT letter, the town shall forward notification to the IDEM. Upon receipt of the verified NOT letter and receipt of written approval from the IDEM, the project site owner shall no longer be responsible for compliance with this chapter; and
(6) 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.
(C) A stormwater quality management permit shall be considered open and active until a time when the town accepts the site conditions and as-built requirements have been completed.
(D) Acceptance of site conditions shall be made by the town or its designated representative based upon an inspection. If any of the following items are deemed to be insufficient, not appropriate and/or inconsistent with the grading plan, stormwater pollution prevention plan or objectives stated in this chapter, the approval will not be granted.
(1) Pipes, channels, catch basins, water quality treatment devices and other infrastructure are clear of sediment, obstructions and debris, and are designed and operating as appropriate for final site conditions.
(2) Slopes are permanently stabilized.
(3) Temporary erosion prevention or sediment control devices (such as silt fence and staking, outlet protection, etc.) have been removed (as appropriate) and any resulting soil disturbance stabilized.
(4) Temporary pollution prevention practices have been demobilized or removed and affected areas stabilized.
(5) Sediment has been removed and slopes stabilized for permanent flood control and water quality control practices.
(6) Detention pond grading is stabilized and/or excess sediment removed so that actual volume is at least equal to designed volume and condition.
(7) Other items as deemed to be important by the town or its designate.
(E) As-built requirements.
(1) Prior to issuance of a use and occupancy permit or final release of bond, the as-built condition of critical stormwater management facilities must be reviewed and approved.
(2) The volume, capacity, slope, configuration, condition, "as-planted" plans and topographic information, as well as all pipe size, material, lengths, for all detention, retention and water quality practices shall be certified by a professional engineer licensed in the State of Indiana. This information shall be provided to the town in the form of an as-built drawing or other electronic format accepted/required by the town. The as-built certification shall indicate if final conditions are consistent with, or exceed, the stormwater quality management permit provisions.
(3) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site do not meet or exceed the stormwater quality management permit requirements, the town reserves the right to withhold certification of occupancy or final bond. Furthermore, other enforcement mechanisms, as identified within this chapter, may be applied to the person certifying the as-built information.
(4) If upon inspection by the town or designated representative it is determined that there is an item that must be addressed to receive acceptance of site conditions, then the person shall be required to continue inspections and maintenance as described in the stormwater quality management permit.
(Ord. 2004-SW-02, passed 11-9-04)