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§ 56.057  CALCULATIONS, DESIGN STANDARDS AND SPECIFICATIONS.
   (A)   In calculating the total area of land disturbance, for the purposes of determining applicability of this section to the project, the following guidelines should be used.
      (1)   Off-site construction activities that provide services (for example, road extensions, sewer, water and other utilities) to a land-disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
      (2)   Strip developments will be considered as one project site and must comply with this section unless the total combined disturbance on all individual lots is less than one acre and is not part of a larger common plan of development or sale.
      (3)   To determine if multi-lot project sites are regulated by this rule, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities or common areas, and the expected total disturbance on each individual lot, as determined by the following:
         (a)   For a single-family residential project site where the lots are one-half acre or more, one-half acre of land disturbance must be used as the expected lot disturbance;
         (b)   For a single-family residential project site where the lots are less than one-half acre in size, the total lot must be calculated as being disturbed; and
         (c)   To calculate lot disturbance on all other types of projects sites, such as industrial and commercial projects project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.
   (B)   The calculation methods as well as the type, sizing and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards and specifications outlined in the Indiana Stormwater Quality Manual and the City of Lebanon Stormwater Technical Standards Manual. The methods and procedures included are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 5.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
§ 56.058  INSPECTION, MAINTENANCE, RECORD KEEPING AND REPORTING.
   (A)   Following approval of the stormwater management permit by the city, and commencement of construction activities, the city has the authority to conduct inspections of the site to ensure full compliance with the provisions of this section, the Indiana Stormwater Quality Manual and the terms and conditions of the approved permit.
   (B)   A self-monitoring program must be implemented by the project site owner to ensure the stormwater pollution prevention plan is working effectively. Monitoring of erosion and sediment control measures on individual lots covered under the stormwater permit for a larger project must be included in the self-monitoring program. An inspector, approved by the city, shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site should be monitored at least once in that week. Weekly inspections shall continue until the entire site has been stabilized and a notice of termination has been issued. The inspector should look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures and construction materials storage/containment facilities, to ensure they are functioning properly. The inspector should also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations. The resulting evaluation reports must include the name of the individual performing the evaluation, the date of the evaluation, problems identified at the project site, and details of maintenance, additional measures and corrective actions recommended and completed.
   (C)   The stormwater pollution prevention plan shall serve as a guideline for stormwater quality, but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this section, all measures necessary to adequately prevent polluted stormwater run-off. Recommendations by the inspector for modified stormwater quality measures should be implemented.
   (D)   Although self-monitoring reports do not need to be submitted to the city, the city has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the city, in an organized fashion, within 48 hours of a request.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
§ 56.070  APPLICABILITY AND EXEMPTIONS.
   (A)   In addition to the requirements of §§ 56.055 through 56.058, the stormwater pollution prevention plan, which is to be submitted to the city 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 filter stormwater run-off from the stabilized site. Any project located within the city that includes clearing, grading, excavation and other land-disturbing activities, resulting in the disturbance of 10,000 square feet or more of total land area, is subject to the requirements of this section. 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 MS4 area.
   (B)   The requirements under this section 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; or
      (6)   Individual building lots within a larger permitted project.
   (C)   The requirements under this section 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 permit application and ensure that a sufficient construction plan is completed and submitted to the city in accordance with §§ 56.085 through 56.093 of this chapter. 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 approved stormwater management permit, and to notify the city with a sufficient 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 section and this chapter.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
§ 56.071  POLICY ON STORMWATER POLLUTION PREVENTION.
   (A)   It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased run-off rates and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and redevelopment continues in the city area measures must be taken to intercept and filter pollutants from stormwater run-off prior to reaching regional creeks, streams and rivers in order to preserve fishable and swimmable conditions. Through the use of best management practices (BMP), stormwater run-off will be filtered and harmful amounts of sediment, nutrients and contaminants will be removed. The project site owner must submit to the city, a stormwater pollution prevention plan (SWPPP) that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified by the city.
   (B)   A minimum of 25 feet width of vegetative filter strip must be provided along top-of-bank of all open ditches.
   (C)   Gasoline outlets and refueling areas must install appropriate practices to reduce lead, copper, zinc and polyaromatic hydrocarbons in stormwater run-off. These requirements will apply to all new facilities and existing facilities that replace their tanks.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
§ 56.072  CALCULATIONS, DESIGN STANDARDS AND SPECIFICATIONS.
   (A)   Calculation of land disturbance should follow the guidelines discussed in § 56.057.
   (B)   The calculation methods as well as the type, sizing and placement of all stormwater quality management measures, or BMPs, shall meet the design criteria, standards and specifications outlined in the City of Lebanon Stormwater Technical Standards Manual. The methods and procedures included in this reference are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
§ 56.073  EASEMENT REQUIREMENTS.
   All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line fitters, infiltration systems, conveyances, systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
§ 56.074  INSPECTION, MAINTENANCE, RECORD KEEPING AND REPORTING.
   (A)   After the approval of the stormwater management permit by the city and the commencement of construction activities, the city has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this section, the drainage and the terms and conditions of the approved permit.
   (B)   Stormwater quality facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the City of Lebanon Stormwater Technical Standards Manual and the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions in the permit. Following construction completion, inspection and maintenance of stormwater quality facilities shall be the long-term responsibility of the property owner. Assignment of responsibility for maintaining stormwater quality facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final stormwater permit is approved. Stormwater detention/retention basins may be donated to the city, for ownership and permanent maintenance providing the city or other governmental unit is willing to accept responsibility.
   (C)   All public and privately owned stormwater quality facilities will be inspected by representatives of the project site owner no less than once a year until the project is complete and the property changes hands. At that point, the property owner assumes responsibility for having annual inspections of the stormwater quality facilities completed. The inspections shall be completed by an inspector, approved by the city, and will follow the operation and maintenance procedures included in the City of Lebanon Stormwater Technical Standards Manual and/or permit application for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report. A copy of each inspection report will bo provided to the city. If deficiencies are found during the inspection, the owner of the stormwater quality facility will be required to take all necessary measures to correct the deficiencies within 180 days. If the owner fails to correct the deficiencies within the allowed time period, the city will undertake the work and collect from the owner using lien rights, if necessary.
(Ord. 06-15, passed 11-13-2006; Ord. 2015-01, passed 1-26-2015)
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