(A) Permit required.
(1) No responsible party may commence a land-disturbing construction activity within the town without first receiving prior approval of a site development permit.
(2) No developer or other person shall be granted a site development permit without the approval of a storm water management permit application package by the administering authority for land-disturbing activity within the town. (Individual building lots of less than one acre, see division (A)(3) below.)
(3) The developer of an individual building lot containing less than one acre, but which is part of a multi-lot construction project within the town, shall be required to complete a Declaration of Responsibility for Erosion and Sediment Control for a Small Residential Lot, prior to receipt of a site development permit. This declaration assigns responsibility for conformance to the storm water management plan to the individual building lot developer, as required in 327 IAC 15-5-7.5.
(4) No site development permit is required for the following activities:
(a) Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(b) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(B) Permit application package requirements.
(1) Written permit application. The appropriate application may be obtained through the Community Development Director's Office.
(2) Construction plans. The following elements shall be included within the construction plan:
(a) Contact information. The name, address and telephone number for the following or their designees:
1. The landowner;
2. The developer;
3. The project engineer for practice design and certification; and
4. All other agents, attorneys or others, as applicable.
(b) Legal description. A formal and complete legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system, or to block and lot numbers within a recorded land subdivision plat that has been approved or prepared by a registered land surveyor.
(c) Location and vicinity maps.
(d) Topographic base map - pre-developed condition.
1. A topographic base map, not exceeding 1"=400' scale of the site, which extends a minimum of 300 feet beyond the limits of the proposed development, and indicates:
a. Existing surface water drainage, including streams, ponds, culverts, ditches and wetlands;
b. Predominant soil types and hydrologic soil groups, current land use, including all existing structures;
c. Existing cover type and condition, topographic contours of the site at intervals not to exceed five feet where the slope is greater than 10%, and not more than two feet when the slope is less than 10%;
d. Flow path and direction for all storm water conveyance sections;
e. Watershed boundaries used in hydrology determinations, to show compliance with the performance standards, locations of utilities, roads and easements; and
f. Significant natural and man-made features not otherwise shown.
(e) Soils information.
1. If a storm water management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted.
2. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined, based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.
(f) Post-developed site conditions. A map of the site, not exceeding 1"=100' scale, which extends a minimum of 300 feet beyond the limits of the proposed development, and shows the following:
1. Post-construction pervious areas, including vegetative cover type and condition; impervious surfaces, including all buildings, structures and pavement; post-construction topographic contours of the site at intervals not to exceed five feet where the slope is greater than 10%, and not more than two feet when the slope is less than 10%;
2. Post-construction drainage network;
3. Dimensions of drainage easements;
4. Locations of maintenance easements specified in the maintenance agreement;
5. Flow path and direction for all storm water management conveyance and treatment practices, including on-site and off-site tributary drainage areas;
6. Watershed boundaries used in hydrology determinations, to show compliance with the performance standards, locations of utilities and roads, and any changes to lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site.
(3) Technical information report.
(a) Location factors.
1. Explanation of the provisions to preserve and use natural topography and land cover features, to minimize changes in peak-flow runoff rates and volumes to surface waters and wetlands; and
2. A detailed narrative explanation of any restriction on storm water management measures in the development area imposed by wellhead protection plans and ordinances.
(b) Design calculations. Design calculations are required as part of the storm water permit application package and shall, at a minimum, specifically include:
1. Estimation of storm water runoff. Runoff rates during the required storm durations; C-values or SCS runoff curve numbers; and computed times of concentration.
2. Drainage area calculations.
3. Weighted curve number or runoff coefficient computations.
4. Time of concentration computation, indicating overland flow time, shallow concentrated flow time, and flow time in the swale, gutter, pipe or channel.
5. Inlet grate and gutter flow computations.
6. Closed conduit and open channel design computations, including:
a. Size of pipe or channel cross-section;
b. Pipe or channel inverts slope in percent;
c. Material and roughness coefficient; and
d. Flowing velocities in feet per second.
7. Design capacity in cubic feet per second.
8. Storm drain flow and hydraulic grade line (HGL) computations.
9. Detention/retention summary information.
(4) Erosion and sediment control plan and details. The erosion and sediment control plan submitted shall include all documents and information required within 327 IAC 15-5.
(5) BMP calculations and schedules. Pertinent calculations illustrating the water quality volumes, and the like, along with the installation schedule and maintenance requirements, shall be submitted for each BMP selected.
(6) Operation and maintenance manual for BMPs. An operations and maintenance (O&M) manual for BMPs (when required) shall be submitted for the final plan approval and permit process, and will become a compliance guideline for the BMP once development is complete. The O&M manual will include the following:
(a) BMP owner name, address, business phone number, home phone number, e-mail address, cellular phone number, pager number;
(b) Site drawings (8-1/2" x 11"), showing both plan and cross-section views, showing the BMP and applicable features, including dimensions, easements, outlet works, forebays, signage, and the like;
(c) Guidance on owner-required periodic inspections, and identification of inspection certification requirement to the administering authority;
(d) Requirement of owner to perform maintenance specified by administering authority inspection, if any;
(e) Guidance on routine maintenance, including mowing, litter removal, woody growth removal, signage, and the like;
(f) Guidance on remedial maintenance, such as inlet replacement, outlet works maintenance, and the like;
(g) Guidance on sediment removal, both narrative and graphical, describing when sediment removal should occur in order to insure that the BMP remains effective as a water quality and/or quantity control device;
(h) A statement that the administering authority's representatives have the right to enter the property to inspect the BMP;
(i) A tabular schedule showing inspection and maintenance requirements; and
(j) Identification of the property/ BMP owner as the party responsible for maintenance, including costs.
(C) Application review fees. The application package shall be accompanied by a fee for plan review and a fee for on-site inspections of implementation of requirements of this subchapter. These fees shall be as follows and in addition to all other local fee(s) charged for development and building:
(1) A storm water management plan review fee equal to 0.125% of the cost of proposed improvements; and
(2) A fee for on-site inspections for storm water management equal to 0.625% of the cost of proposed improvements.
(3) All storm water review fees due and owing, including any other permit or building fees, must be paid in full prior to commencement of construction.
(D) Application procedures.
(1) Applications for site development permits must be filed (i.e., delivered) with the administering authority on any regular business day.
(2) Permit applications shall include: four copies of the construction plans, and the erosion and sediment control plan and details; four copies of all remaining required elements; and full payment of any required review fees.
(3) The administrative authority shall determine if the application package is complete within ten business days of receipt of items noted in division (D)(2). If the application package is determined incomplete, the review period indicated in § 53.206(A) shall not commence.
(E) Permit conditions.
(1) General conditions. All permits issued under this subchapter shall be subject to the following conditions, and holders of permits issued under this subchapter shall be deemed to have accepted these conditions:
(a) The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification to the responsible party.
(b) An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 53.210
(c) Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state and local laws and regulations.
(d) The responsible party shall design and install all runoff pollution prevention and/or storm water treatment BMPs in accordance with the approved storm water management plan and this permit.
(e) The responsible party shall notify the administering authority at least two business days before commencing any work in conjunction with the storm water management plan.
(f) The responsible party shall notify the administering authority of any significant modifications it intends to make to an approved storm water management plan. The administering authority may require that the proposed modifications be submitted to it for approval prior to incorporation into the storm water management plan and execution by the responsible party.
(g) The responsible party shall maintain all storm water management practices in accordance with the storm water management plan, until the practices either become the responsibility of the town, or are transferred to subsequent private owners, as specified in the approved maintenance agreement.
(h) The responsible party authorizes the administrative authority to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents to a special assessment or charge against the property, or to charging such costs against the financial guarantee posted under § 53.207.
(F) Permit duration.
(1) Initial term. The permit shall be valid for the shorter of five years from the date of issuance, or until:
(a) The permit is revoked through enforcement action;
(b) The permit is transferred; or
(c) The permit is terminated as stated in division (F)(2).
(2) Permit termination. Upon completion of all construction activities associated with the site development permit, the applicant shall submit a notice of termination (NOT) letter to the MS4 Operator. Termination of permit will be issued by the MS4 Operator only if the following conditions are met:
(a) All land-disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized.
(b) All public and common improvements, including infrastructure, have been completed, permanently stabilized, and transferred to the appropriate local entity.
(c) The applicant may submit a NOT letter to obtain early release from compliance with this rule, if the following conditions are met:
1. The remaining, undeveloped acreage does not exceed five acres, with contiguous areas not to exceed one acre.
2. A map of the project site, clearly identifying all remaining undeveloped lots, is attached to the NOT letter. The map must be accompanied by a list of the names and addresses of individual lot owners or individual lot operators of all undeveloped lots.
3. The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality.
4. All permanent storm water quality measures have been implemented and are operational.
(Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)