§ 152.173  SUBMITTALS, REVIEW AND APPROVAL.
   (A)   A technical Review and Comment Form stating that the "Plan is Adequate" and an improvement location permit shall be obtained prior to the initiation of any land disturbing activities.
   (B)   A complete storm water pollution prevention plan and erosion and sediment control plan shall be submitted in triplicate to the Town of Ellettsville's Planning Department.
   (C)   At the time of submittal, the date and time will be recorded.
   (D)   Each application shall bear the name(s) and address(es) of the owner or developer of the project site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee, as set forth in § 152.363 .
   (E)   Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the storm water pollution prevention plan.  The Town of Ellettsville's Planning Department will review each application for a Rule 5 permit to determine its conformance with the provisions of this regulation. Within 28 days after receiving an application, the Town of Ellettsville's Planning Department shall, in writing:
      (1)   Approve the erosion and sediment control plan and SWPPP and provide a Technical Review and Comment Form stating that the "Plan is Adequate" and issue an improvement location permit;
      (2)   Approve the erosion and sediment control plan and SWPPP subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the Technical Review and Comment Form stating that the "Plan is Adequate" and issue an improvement location permit; or
      (3)   Provide a Technical Review and Comment Form stating that the "Plan is Deficient" and indicating the reason(s) and procedure for submitting a revised application and/or submission.
   (F)   Failure of the Town of Ellettsville's Planning Department to act on an original or revised application within 28 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Town of Ellettsville.
   (G)   The sufficiency of the construction plans shall be based upon Rule 5 regulations and the design criteria described in the current Town of Ellettsville.
   (H)   After receiving a Technical Review and Comment Form stating that the "Plan is Adequate", if revisions to the construction plans require a change in measures appropriate to control the quality or quantity of storm water runoff, then revised plans must be submitted to the Town of Ellettsville's Planning Department.
   (I)   The applicant will be required to file with the Town of Ellettsville's Clerk Treasurer a performance bond, letter of credit, or other improvement surety in an amount deemed sufficient by the Town of Ellettsville Planning Director to cover all costs of improvements, landscaping maintenance of improvements for such period as specified by the SWPPP, and engineering and inspection costs to cover the cost of failure to repair of improvements installed on the project site.
   (J)   After receiving a Technical Review and Comment Form stating that the "Plan is Adequate" from the Town of Ellettsville's Planning Department, and at least 48 hours prior to the start of construction, the following shall be submitted to the Indiana Department of Environmental Management and Town of Ellettsville's Planning Department:
      (1)   Notice of Intent Form (required by 327 IAC 15-5);
      (2)   A copy of the Technical Review and Comment Form stating that the "Plan is Adequate"; and
      (3)   Proof of Publication required by 327 IAC 15-5-5(9).
   (K)   The project site owner must submit a Notice of Termination (NOT) letter to IDEM and transmit a copy of the NOT letter to the Town of Ellettsville's Planning Department when all land disturbing activities have been completed, the entire project site has been stabilized and all temporary erosion and sediment control measures have been removed.
   (L)   Upon receipt of the NOT, the Town of Ellettsville's Planning Department shall make a final inspection of the site and upon satisfaction that all conditions have been addressed shall request that the surety be released by the Ellettsville Town Council.
(Ord. 05-21, passed 10-24-2005; Am. Ord. 2020-13, passed 2-24-2020)