(A) Title. This chapter shall be known as the Stormwater Ordinance of the county and may be so cited.
(B) Jurisdiction. This chapter shall govern all properties and controlled activities within the jurisdictional boundaries of the unincorporated county and all properties that are served by City of New Albany Plan Commission under its two-mile fringe authority.
(C) Alternatives. There are two alternatives for permit application and processing procedures, as described by the following.
(1) For projects located within the county’s MS4 area:
(a) The project site owner shall submit an application for a stormwater management permit to the county. The application will include the information specified in §§ 152.045 through 152.054 and 152.065 through 152.072. Two copies of each application must be submitted. Additionally, the county does require digital submission of construction plans in an approved format. The copies will be reviewed by departments within the county;
(b) Once all comments have been compiled from the departments and the SWCD, the project will be placed on the agenda of the next scheduled meeting of the Plan Commission. The county will furnish the applicant with a complete list of comments and objections to the plans and supporting documentation submitted by the applicant at least ten days prior to the scheduled meeting; and
(c) Within ten days after the meeting, the county will either issue a permit or request modification to the construction plans.
(2) For projects located only partially within the county’s MS4 area, the project site owner must comply with the requirements of this chapter and may also be required to comply with 327 I.A.C. 15-5 (Rule 5) and/or another MS4 community’s construction site control ordinance.
(D) Exemptions.
(1) The following development activities are exempt from the provisions of this chapter:
(a) Agricultural land management activities;
(b) Additions to, or modifications of, existing detached, single-family dwellings;
(c) Development of individual lots which are not part of a larger development, if the total disturbance is less than one acre; and
(d) Development that does not disturb more than 5,000 square feet of land. This exception does not apply to tracts or parcels, whether in common or separate ownership, which have been subdivided from a single parent tract, if the total area within the original parent tract.
(2) These exemptions apply only to permitting procedures under this chapter and do not, necessarily, apply to any discharge of sediment or other form of water pollution that may leave a site. Such discharges may, in fact, constitute prohibited illicit discharges.
(Ord. 2019-25, passed 10-15-2019) Penalty, see § 152.999