§ 161.03 PERMITS.
   (A)   No responsible party may commence a land disturbing construction activity subject to this chapter without first receiving prior approval of a site development permit.
   (B)   The Pollution Prevention Plan submitted to the MS4 operator or designated representative shall include all documents and information required within 327 IAC 15-5 and 327 IAC 15-5-6.5.
   (C)   No developer shall be granted a site development permit without the approval of a Pollution Prevention Plan by the city MS4 operator, or designated representative for land-disturbing activity that:
      (1)   Would require the uncovering of one or more acres of land, except individual building lots that contain less than one acre, but is a part of a multi-lot construction project site that is permitted shall follow the provisions of division (D) of this section.
      (2)   Is an individual building lot containing less than one acre but is part of a multi-lot construction project site permitted in division (C)(1) above.
      (3)   In the opinion of the MS4 operator, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
   (D)   The developer of an individual building lot containing less than one acre, but which is a part of a multi-lot construction project shall be required to complete a Declaration of Responsibility for Erosion and Sediment Control for a Small Residential Lot prior to receipt of an Improvement Location Permit. This declaration assigns responsibility for conformance to the Construction Plan as required in 327 IAC 15-5-7.5 to the individual building lot developer.
   (E)   No site development permit is required for the following activities:
      (1)   Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
      (2)   Existing nursery and agricultural operations conducted as a permitted main or accessory use.
   (F)   Each site development permit application shall bear the name(s) and address(es) of the developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a plan review fee. The developer or his or her authorized agent shall sign the application.
(Ord. 6471, passed 4-9-07)