§ 160.03  STORMWATER EROSION CONTROL CLEARANCE REQUIREMENTS.
   (A)   Applications.
      (1)   An application for a building permit, construction permit, driveway permit, excavation permit, or other license or authorization issued by the city for construction activities that result in a land disturbing activity to take place within the corporate boundaries of the city shall include a calculation of the acreage to be disturbed by the proposed construction activities which calculation shall be performed in accordance with the requirements of Rule 5.
      (2)   Any person engaging in construction activities with a land disturbance greater than or equal to 1 acre, or disturbances of less than 1 acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 or more acres of land, within the corporate boundaries of the city, shall complete and submit an application for a stormwater erosion control clearance to the SWCD on forms required by the SWCD.  For any construction activities covered by Rule 5, the applicant must also submit a copy of the application directly to the Indiana Department of Environmental Management.
   (B)   Submission of construction plans.  For construction projects requiring a construction plan pursuant to 327 IAC 15-5-6.5 (a) or (b) under Rule 5, the applicant shall submit the construction plan to the SWCD with the stormwater clearance application.  If the applicant does not receive notification within 28 days after the construction plan is received by the SWCD stating that the SWCD finds that the construction plan is deficient, the applicant may submit the notice of intent letter information to the Indiana Department of Environmental Management. 
   (C)   Expiration and renewal of stormwater clearances.
      (1)   A stormwater erosion control clearance issued by the SWCD shall expire on December 31st of the year which is 1 year after the date the stormwater clearance was issued by the SWCD.  Renewal of such stormwater clearances is required unless the following has occurred: 
         (a)   All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized;
         (b)   All temporary erosion and sediment control measures have been removed; and
         (c)   A notice of termination letter has been submitted to the SWCD by the expiration of the stormwater erosion control clearance. 
      (2)   Subsequent annual renewals shall be required until all land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized; all temporary erosion and sediment control measures have been removed; and a notice of termination has been submitted to the SWCD.
(Ord. 5034, passed 6-4-2007)