§ 159.04 SUBMITTALS, REVIEW AND APPROVAL.
   (A)   The applicant shall submit a complete post construction runoff control plan and a complete erosion and sediment control plan to the city's MS4 Coordinator. A Notice of Intent Letter (as described in Rule 5, 327 IAC 15-5-5) must be submitted with the post construction runoff control plan and erosion and sediment control plan. If the city would like to incorporate review comments, these comments shall be forwarded to the applicant within 45 days of the date of the plan submittal.
   (B)   At the time of submittal, the date and time will be recorded.
   (C)   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. In addition, the applicant shall pay all fees in § 159.07 at the time of submittal.
   (D)   Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the post construction runoff control plan and that a trained individual shall be on the project site on all days when construction or grading activity takes place.
   (E)   The MS4 Coordinator will review each application for a site development permit to determine its conformance with the provisions of this chapter. Within 45 days after receiving an application, the MS4 Coordinator shall, in writing:
      (1)   Approve the erosion and sediment control plan and post construction runoff control plan;
      (2)   Approve the erosion and sediment control plan and post construction runoff control plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation; or
      (3)   Disapprove the erosion and sediment control plan and post construction runoff control plan, indicating the reason(s) and procedure for submitting a revised application and/or submission.
   (F)   Failure of the MS4 Coordinator to act on an original or revised application within 45 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 MS4 Coordinator. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the city's Subdivision Control Ordinance, Chapter 153 of this code of ordinances.
   (G)   The sufficiency of the construction plans shall be based upon Rule 5 regulations, the city's Storm Water Quality Management Plan, and the State of Indiana Storm Water Quality Manual.
   (H)   After receiving approval, 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 MS4 Coordinator.
   (I)   The applicant will be required to file with the city a performance bond, letter of credit, or other improvement security in the amount deemed sufficient by the city to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the city, and engineering and inspection costs to cover the cost of failure to repair of improvements installed on the project site.
   (J)   The performance bond will require periodic renewal since it must cover the perpetual maintenance and care of the permanent post construction runoff control structure or system in place. The applicant will notify the MS4 Coordinator of the impending performance bond expiration and the issuance of a renewed performance bond.
   (K)   The project site owner must submit a Notice of Termination (NOT) letter to the MS4 Coordinator 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.
(Ord. 2004-13, passed 12-6-04; Am. Ord. 2007-5, passed 4-2-07)