13.26.040 Storm water management plan approval.
   A.   Approval required. Storm water management plan approval is required from the City Engineer's office for major subdivisions; site plan reviews not part of a major subdivision with current storm water management plan approval; building permits for sites disturbing more than one acre that are not part of a major subdivision or site plan review with current storm water management plan approval.
   1.   The requirements under this chapter apply to all persons who:
   a.   Do not obtain an individual NPDES permit under 327 IAC 15-2-6;
   b.   Meet the general permit rule applicability requirements under 327 1AC 152-3; and
   c.   Are involved in construction activity, except operations that result in the land alteration of less than one acre of total land area as determined under division 5. and are not part of a larger common plan of development or sale.
   2.   For off-site construction activities, which are under the direct control of the applicant and provide services (i.e. road extensions, sewer, water, and other utilities) to a project site, these off-site activity areas must be considered a part of the project site.
   3.   For an individual lot where land alteration is expected to be one acre or more and the lot lies within a project site approved under this chapter, the individual lot owner shall:
   a.   Complete his/her own notice of intent letter (NOD; and
   b.   Ensure that a sufficient construction plan is completed and submitted in accordance with division C..
   4.   For an individual lot where the land alteration is less than one acre and the lot lies within a project site approved under this chapter, the individual lot operator shall:
   a.   Comply with:
   i.   The provisions and requirements of the storm water pollution prevention plan developed by the project site owner; and
   ii.   327 1AC 15-5-7.5.
   b.   Not be required to submit a notice of intent letter and construction plans.
   5.   Multi-lot project sites are regulated by this chapter in accordance with the following:
   a.   A determination of the area of land alteration shall be calculated by adding the total area of land alteration for improvements such as roads, utilities, or common areas, and the expected total alteration on each individual lot, as determined by the following:
   i.   For a single-family residential project site where the lots are one-half acre or more, one-half acre of land alteration must be used as the expected lot alteration.
   ii.   For a single-family residential project site where the lots are less than one-half acre in size, the total lot must be calculated as being altered.
   iii.   To calculate lot alteration on all other types of project sites, such as industrial and commercial project sites, the following apply:
   •   Where lots are one acre or greater in size, a minimum of one acre of land alteration must be calculated as the expected lot alteration.
   •   Where the lots are less than one acre in size, the total lot must be calculated as being altered.
   b.   For purposes of this chapter, strip developments:
   i.   Are considered as one project site; and
   ii.   Must comply with this chapter;
unless the total combined alteration on all individual lots is less than one acre and is not part of a larger common plan of development or sale.
   6.   Submittal of a notice of intent and construction plans is not required for construction activities associated with a single-family residential dwelling altering less than one acre when the dwelling is not part of a larger common plan of development or sale.
   B.   Application for Storm Water Management Plan Approval. The applicant has the following responsibilities:
   1.   Complete a sufficient notice of intent letter per 327 IAC 15-5-5 and 327 IAC 155-6.
   2.   Ensure that a sufficient construction plan is completed and submitted in accordance with 327 IAC 15-5-6 and 327 IAC 15-5-6.5.
   3.   Ensure compliance with this chapter and 327 1AC 15-5 during:
   a.   The construction activity; and
   b.   Implementation of the construction plan.
   4.   Ensure that all persons engaging in construction activities on an approved project site comply with the applicable requirements of this chapter and the approved construction plan.
   5.   Notify the engineering department with a sufficient notice of termination (NOT) letter.
   6.   Complete a sufficient storm water management plan application.
   C.   Submissions. The NCH for the city and the stormwater pollution prevention plan are to be submitted to the city at:
      City Hall
      Office of the City Engineer
      123 Washington Street
      Columbus, Indiana 47201
   D.   Review and approval. Each application for a storm water management plan shall be reviewed and acted upon according to the following procedures:
   1. Construction plans shall be received by the Engineering Department for review by the Engineer or Engineer's Representative, and the review and inspection fees will be remanded to the Storm Sewer Operating account numbered 101019319. Upon preliminary review, the Engineering Department shall determine:
   a.   That the submittal is complete and sufficient pursuant to 13.26.050 and direct the specific review of the submittal; or
   b.   That the submittal is deficient and lacks information pursuant to 13.26.050 and therefore can not be adequately reviewed; at which time:
   i.   The developer will receive written notice of those specific deficiencies of the submittal; and / or
   ii.   Be invited to meet with the city or its qualified representative to discuss specific deficiencies of the submittal.
   2.   Construction plan review shall be carried out within the number of work days shown in Table 1. If there has been no notification or request for more information within that time, application shall be assumed complete and approved on the following workday.
   3.   Upon completion of a review, the applicant shall be notified in writing that the submitted construction plan:
   a.   Fulfills the requirements of this chapter and constitutes storm water management plan approval so long as a Notice of Intent is submitted to the Engineering Department and IDEM at least 48 hours prior to commencement of construction activities; or
   b.   Does not meet the requirements of this chapter and therefore does not warrant the issuance of a storm water management plan approval.
   E.   Appeals. The applicant, or any person or agency which receives notice of the filing of the application, may appeal the decision of the Engineering Department as provided in division D.3. of this section, to the board of public works and safety. Upon receipt of an appeal, the board of public works and safety shall schedule and hold a public hearing, after providing the applicant a minimum fifteen days notice thereof. The board of public works and safety shall give such notice of such public hearing, as it deems necessary and appropriate. The board of public works and safety shall hear evidence at such hearing and render a decision within thirty days after the hearing. Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible situation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainaueways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped.
   F.   Retention of plans. The city shall retain in original form, microfilm, or electronic copy plans and reports for all site developments.
   G.   Exceptions. Storm water management plan approval shall not be required for any of the following:
   1.   Development of a site of less than one acre upon which no more than one residential structure is to be built, or no more than one commercial or industrial structure is to be built; provided that the person responsible for any such development shall implement necessary erosion and sedimentation control measures to satisfy the principles set forth in 13.26.030, and the city reserves the right to require such site development techniques as will insure satisfactory erosion and sedimentation control at such locations as determined by the city engineer or his representative;
   2.   Agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District, and including the construction of agricultural structures;
   3.   Installation, renovation, or replacement of a sewer line, waterline, or septic system to serve an existing structure pursuant to the prior approval of the Columbus City Utilities or Bartholomew County Health Department.
   4.   Installation, renovation, or replacement of utility lines and appurtenances to serve an existing structure.
   5.   Major subdivisions with approved final plats, commercial or industrial development with zoning compliance certificates, and sites disturbing more than one with building permits as of the effective date of this chapter.
   H.   Additional development required to comply. Even in those instances where storm water management plan approval is not required under 13.26.040A., no person shall commence or perform any grading, stripping, excavating, or filling by disturbing one acre or more of land without complying with the applicable standards and requirements for control of soil erosion and sedimentation as contained in 13.26.050, as well as implement necessary erosion and sedimentation control measures to satisfy the general principles contained in 13.26.030.
   I.   Additions to existing development. Only the area disturbed by addition or expansion of an existing development must comply with the provisions of this chapter. Existing development as of the effective date of this chapter is not required to be modified to comply with this chapter.
(Ord. 08-29, 2008)