§ 5-2-6-23.5.  PROJECT TERMINATION.
   (A)   The project site applicant shall plan an orderly and timely termination of the construction activities, including the implementation of storm water quality measures that are to remain on the project site.
   (B)   The project site applicant shall submit a Notice of Termination (NOT) letter to the Public Works and Safety Department in accordance with the following:
      (1)   Except as provided in this division (B), the project site owner shall submit a NOT letter when the following conditions have been met:
         (a)   All land altering activities, including construction on all building lots, have been completed and the entire site has been stabilized; and
         (b)   All temporary erosion and sediment control measures have been removed.
      (2)   The project site applicant may submit a NOT letter to obtain early release from compliance with this chapter if the following conditions are met:
         (a)   The remaining, unimproved acreage does not exceed five acres, with contiguous areas not to exceed one acre;
         (b)   A map of the project site, clearly identifying all remaining unimproved lots, is attached to the NOT letter.  The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all unimproved lots;
         (c)   All public and common improvements, including infrastructure, have been completed and permanently stabilized and all public improvements have been transferred to the City;
         (d)   The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties or water quality; and
         (e)   All permanent storm water quality measures have been implemented and are operational.
      (3)   The NOT letter must contain a verified statement that each of the conditions of the approved permit have been met.
      (4)   Following acceptance of the NOT letter and written approval from the City for early release under division (B)(2) above, the project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the requirements to:
         (a)   Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
         (b)   Maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan.
      (5)   The Engineer or Engineer’s representative may inspect the project site to evaluate the adequacy of the remaining storm water quality measures and compliance with the NOT letter requirements.  If the inspecting entity finds that the applicant has sufficiently filed a NOT letter, the inspecting entity shall forward notification to the Indiana Department of Environmental Management (IDEM), and the applicant shall no longer be responsible for compliance with this chapter.
      (6)   After a verified NOT letter has been submitted for a project site, maintenance of the remaining storm water quality measures shall be the responsibility of the individual lot owner or occupier of the property.
(Ord. 6, 2008, passed 5-5-2008)