(A) (1) In addition to the requirements of §§ 152.060 through 152.063, the stormwater pollution prevention plan, which is to be submitted to the county as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan, and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site.
(2) Any project located within the county which falls under the jurisdictional authority of the county, 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, and 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 county.
(B) The requirements under this subchapter do not apply to the following activities:
(1) Agricultural land disturbing activities;
(2) Forest harvesting activities;
(3) Construction activities associated with a single-family residential dwelling disturbing less than five acres, when the dwelling is not part of a larger common plan of development or sale;
(4) Single-family residential developments consisting of four or less lots;
(5) A single-family residential strip development where the developer offers for sale, or lease, without land improvements, and the project is not part of a larger common plan of development of sale; and
(6) Individual building lots within a larger permitted project.
(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; and
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the State 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) 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 county in accordance with §§ 152.090 through 152.098 and the Hendricks County Stormwater Technical Standards Manual. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs in compliance with this chapter and with the stormwater management approval, and to notify the county with a notice of termination letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this subchapter and this chapter.
(Ord. 2017-03, passed 1-24-2017)