Any person who undertakes or causes to be undertaken any land development subject to this subchapter shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from construction and post construction activities are controlled so as to minimize pollution of MS4 receiving waters.
   (A)   Plan requirements and approval. Any land-disturbing activity, which is subject to the terms of this subchapter, shall include all documents and information required within 327 IAC 15-5, and 327 IAC 15-5-6.5 as a part of the Stormwater Pollution Prevention Plan. The Stormwater Pollution Prevention Plan shall be reviewed and approved by the city MS4 operator, or their designated representative, prior to any construction as detailed in the Construction Site Ordinance. The post construction Stormwater Pollution Prevention Plan component shall contain the following:
      (1)   A description of potential pollutants and their sources associated with the proposed land use;
      (2)   A sequence describing stormwater quality measure implementation;
      (3)   A description of proposed post construction stormwater quality measures;
      (4)   Location, dimensions, specifications, and construction details of each stormwater quality measure;
      (5)   A description of maintenance guidelines for post construction stormwater quality measures to facilitate their proper long term function.
   (B)   Exemptions. The following activities are exempt from this subchapter.
      (1)   Single-family residential strip developments consisting of four lots or less;
      (2)   Additions or modifications to existing single-family or duplex residential structures which disturb less than one acre;
      (3)   Agricultural farm activities associated with cultivating and harvesting, and installation of conservation practices;
      (4)   Forest harvesting activities.
      (5)   Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
   (C)   Design criteria, standards, and specifications. All development that meets the requirements of this subchapter must address post construction stormwater runoff quality, and shall incorporate technical standards and design methods specified in the city Stormwater Management Plan Checklist and/or the Operation and Maintenance Plan for Structural BMP'S. These will be maintained and periodically updated as needed by the city MS4, and may include and/or incorporate standards from the IDNR Department of Soil Conservation Indiana Handbook for Erosion Control in Developing Areas, and the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide.
      (1)   All site designs shall utilize accepted stormwater best management practices to control peak flow rates of stormwater discharges associated with specified design storms, and allow treatment for water quality purposes.
      (2)   Where practicable, sites shall preserve buffer strips and riparian zones, minimize land disturbance, reduce surface imperviousness, minimize directly connected impervious areas, maximize open space, direct growth away from sensitive areas and toward areas that can support it without compromising water quality, promote storage and infiltration, in any combination as appropriate to reduce the impact of pollutants in stormwater runoff on receiving waters.
      (3)   Stormwater discharges into sensitive areas (i.e. well head protection zones, recreational waters, water supply reservoirs) may be subject to additional performance criteria.
      (4)   Concentrated stormwater discharges leaving a permitted site shall not result in an increased flood hazard, erosion, or other adverse impacts to downstream property or public safety.
   (D)   Maintenance agreement. An agreement shall be made to provide for the maintenance of post construction stormwater practices beyond the duration of the permit.
      (1)   The maintenance agreement provision shall be included in the subdivision covenants which then will be approved by the city in conjunction with final plat approval, and recorded with the Recorders Office. As part of the covenant, a schedule shall be developed by the owner with the city's approval for when and how often maintenance will occur to ensure proper function of the stormwater management facility.
      (2)   As a part of the maintenance agreement, an access easement shall be provided for the post construction stormwater facility. The said easement will allow for periodic inspections, at reasonable times, by the city MS4 operator, or any designees thereof, to ensure that the facility is maintained in proper working condition as to meet design standards any other provisions established by this subchapter.
   (E)   Inspection.
      (1)   It shall be a condition of the site development permit that the MS4 operator, or designated inspection representative, has the right to enter a project site to periodically inspect for compliance with this subchapter in accordance with 327 IAC 15-5-10.
      (2)   All post construction stormwater management facilities shall have, at the minimum, an annual inspection to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan, and this subchapter.
      (3)   Results of all site inspections shall be made available to inform the owner, and/or designated responsible party (i.e. homeowners association, etc.), and will specifically indicate any corrective actions required to bring the practice into proper working order. Any maintenance needs shall be addressed in a timely manner as determined by the city MS4 operator, and the inspection and maintenance requirements may be increased as deemed necessary to ensure proper function of the stormwater measure.
(Ord. 6473, passed 4-9-07)