The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of storm water quality measures that are to remain on the project site.
(A) The project site owner shall submit a notice of termination (NOT) letter to the town and the IDEM and in accordance with the following:
(1) The project site owner shall submit an NOT letter when the following conditions have been met:
(a) All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized; and
(b) All temporary erosion and sediment control measures have been removed.
(2) The NOT letter must contain a verified statement that each of the conditions in this division (A) has been met.
(3) The project site owner may submit an NOT letter to obtain early release from compliance with this subchapter, if the following conditions are met:
(a) The remaining, undeveloped acreage does not exceed five acres, with contiguous areas not to exceed one acre;
(b) A map of the project site, clearly identifying all remaining undeveloped lots, is attached to the NOT letter. The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all undeveloped lots;
(c) All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the appropriate local entity;
(d) The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality; and
(e) All permanent storm water quality measures have been implemented and are operational.
(B) Following acceptance of the NOT letter, the project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the remaining undeveloped acreage and acreage with construction activity that they are responsible for complying with this subchapter. The remaining individual lot owners do not need to submit an NOI letter or NOT letter. The notice must inform the individual lot owners of the requirements to:
(1) Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
(2) Maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan.
(C) The DNR-DSC, other entity designated by the department or a regulated MS4 entity, or the Department may inspect the project site to evaluate the adequacy of the remaining storm water quality measures and compliance with the NOT letter requirements. If the inspecting entity finds that the project site owner has sufficiently filed an NOT letter, the entity shall forward notification to the Department. Upon receipt of the verified NOT letter by the Department and receipt of written approval from the Department, the project site owner shall no longer be responsible for compliance with this rule.
(D) After a verified NOT letter has been submitted for a project site, maintenance of the remaining storm water quality measures shall be the responsibility of the individual lot owner or occupier of the property.
(E) A storm water quality management permit shall be considered open and active until a time when the town accepts the site conditions and as-built requirements have been completed.
(F) Acceptance of site conditions shall be made by the town based upon an inspection. If any of the following items are deemed to be insufficient, not appropriate, and/or inconsistent with the grading plan, storm water pollution prevention plan, or objectives stated in this subchapter the approval will not be granted.
(G) Pipes, channels, catch basins, water quality treatment devices, and other infrastructure are clear of sediment, obstructions and debris, and are designed and operating as appropriate for final site conditions:
(1) Slopes are permanently stabilized;
(2) Temporary erosion prevention or sediment control devices (such as silt fence and staking, outlet protection, and the like) have been removed (as appropriate) and any resulting soil disturbance stabilized;
(3) Temporary pollution prevention practices have been demobilized or removed and affected areas stabilized;
(4) Sediment has been removed and slopes stabilized for permanent flood control and water quality control practices;
(5) Detention pond grading is stabilized and/or excess sediment removed so that actual volume is at least equal to designed volume and condition; and
(6) Other items as deemed to be important by the town.
(Ord. G-12-02, passed 1-17-2012)