(A) This section applies to all development, or re-development of land, that results in land disturbance of one acre or more. Individual lots with land disturbance less than one acre that are developed within a larger permitted project site, should refer to § 51.098 for plan review requirements and procedures.
(B) Figure 1 (below) is a flow chart summarizing the plan review/permit approval process and can be found at the end of this chapter. For projects located with the MS4 area boundary, as shown in Appendix B, the project site owner shall submit an application for a stormwater management permit to the Ingalls Drainage Board and/or the Ingalls Town Engineer. The application will include an initial notice of intent letter (NOI) that would also act as the permit application from, proof of public notice, construction plan sheets, stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in § 51.097 below. Four copies of each application must be submitted to the Ingalls Drainage Board and/or the Ingalls Town Engineer. Additionally, a digital copy of the construction plans is required in a format accepted by the Ingalls Drainage Board and/or the Ingalls Town Engineer.
(C) After the Ingalls Drainage Board and/or the Ingalls Town Engineer receive the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, the Ingalls Drainage Board and/or the Ingalls Town Engineer will forward one copy of the application to the Soil and Water Conservation District (SWCD) for its review and comment within a ten-day period. The remaining three copies will be reviewed in detail by the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or its plan review consultant(s). Once all comments have received and review completed, the Ingalls Drainage Board and/or the Ingalls Town Engineer will either accept the project, request modifications, or place the project on the agenda of the next scheduled meeting of the Ingalls Drainage Board. If the project must go through a scheduled meeting, the Ingalls Drainage Board and/or the Ingalls Town Engineer will furnish the applicant a complete list of comments and objections to the plans and accompanying data prior to the scheduled meeting. After the scheduled meeting, the Ingalls Drainage Board will either issue a permit, or request modifications to the construction plans.
(D) Any person to which the chapter applies may request a variance from the provisions of this chapter in writing and mailed certified mail return receipt requested to the Ingalls Drainage Board c/o The Ingalls Town Hall, Ingalls, Indiana. Said request shall identify the provision(s) of the chapter from which the applicant requests the variance and a detailed statement as to the basis for the request. Written notice of the date, time and location at which the variance request will be considered by the Ingalls Drainage Board shall be mailed to the applicant by the Board. As said date, time and location or any other date, time and location as established by the Ingalls Drainage Board, said variance may be considered whereupon a decision to deny, grant or grant in part the variance being requested, will be made. The Ingalls Drainage Board may consider the recommendations and comments of the Ingalls Town Engineer and/or the Ingalls Town Manager as well as the comments of the applicant or any other person(s) having knowledge of information pertinent to the variance request. The Ingalls Drainage Board may grant, in whole or in part, a variance from the terms of this chapter but only upon finding that the following requirements have been satisfied:
(1) The application of the chapter provisions will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the site owner to incur additional reasonable expenses in order to comply with the chapter; and
(2) The granting of the relief requested will not substantially prevent the goals and purpose of this chapter, nor result in less effective management of stormwater runoff.
(E) The project site owner must notify the Ingalls Drainage Board and/or the Ingalls Town Engineer and IDEM 48 hours before beginning construction. Notification shall be in the form of an updated IDEM NOI form. Once a permit has been issued and the updated NOI submitted to the Ingalls Drainage Board and/or the Ingalls Town Engineer and IDEM 48 hours before beginning construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terms and conditions of the approved permit. Upon completion of construction activities, as-built plans must be submitted to the Ingalls Drainage Board and/or the Ingalls Town Engineer. A notice of termination (NOT) shall be sent to the Ingalls Drainage Board and/or the Ingalls Town Engineer once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The Ingalls Drainage Board and/or the Ingalls Town Engineer, or representative, shall inspect the construction site to verify the requirements for an NOT have been met. Once the applicant receives a "verified" copy of the NOT, they must forward a copy to IDEM. Permits issues under this scenario will expire five years from the date of issuance. If construction is not completed within five years, the NOI must be resubmitted at least 90 days prior to expiration. No Rule 5 (327 I.A.C. 15-5) permit is required from IDEM for projects within the MS4 area boundary, since the Ingalls Drainage Board is the permitting authority.
(Ord. - -, passed 12-20-21)