(A) The town will require a Stormwater Pollution Prevention Plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of the construction plans and specifications. Any project located within the town and includes clearing, grading, excavation, and other land disturbing activities resulting in the disturbance of one acre or more of total land area is subject to the requirements of this subchapter. This includes both new development and redevelopment. This subchapter also applies to disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, within the area under the jurisdictional authority of the town. Section 53.057 provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of 327 I.A.C. 15-5 (Rule 5) shall also be in compliance with 327 I.A.C. 15-5.
(B) The requirements under this subchapter do not apply to the following activities:
(1) Agricultural land disturbing activities; or
(2) Forest harvesting activities.
(C) The requirements under this subchapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
(1) Landfills that have been issued a certification of closure under 329 I.A.C. 10.
(2) Coal mining activities permitted under I.C. 14-34.
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 I.A.C. 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(D) For an individual lot where land disturbance is expected to be one acre or more, the individual lot owner must complete their own notice of intent letter, apply for stormwater management approval from the town, and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with §§ 53.085 through 53.094; regardless of whether the individual lot is part of a larger permitted project site.
(E) An individual lot with land disturbance less than one acre, located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater approval for the larger project site. The stormwater approval application for the larger project site must include typical detailed erosion and sediment control measures for individual lots. In addition, these individual lots are required to submit individual lot plot plan permit applications prior to receiving a building permit. Details of the permitting process are contained in §§ 53.085 through 53.094.
(F) It will be the responsibility of the project site owner to complete a stormwater management approval application and ensure that a sufficient construction plan is completed and submitted to the Town in accordance with §§ 53.085 through 53.094. It will be the responsibility of the project site owner to ensure compliance with this chapter and the Technical Standards during the construction activity and implementation of the construction plan, and to notify the town with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all persons engaging in construction and land disturbing activities on a permitted project site must comply with the requirements of this subchapter and this chapter as well as the Technical Standards.
(Ord. 2020-1E, passed 1-6-20)