(A) Purpose. The purpose of this section is to establish requirements for storm water discharges from construction activities of one acre or more on all lands within the city MS4 area to protect the public health, existing water uses, and aquatic biota.
(B) Definitions. The following definitions will apply to this section:
(1) CERTIFIED CONTRACTOR. A person who has received training and is licensed by the state to inspect and maintain erosion and sediment control practices.
(2) CLEARING. Any activity that removes the vegetative surface cover.
(3) DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
(4) EROSION CONTROL. A measure that prevents erosion.
(5) EROSION AND SEDIMENT CONTROL PLAN. A set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
(6) GRADING. Excavation or fill of material, including the resulting conditions thereof.
(7) PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment laden runoff or diverting it to a sediment trap or basin.
(8) PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
(9) SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
(10) SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
(11) SITE DEVELOPMENT PERMIT. A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
(12) STABILIZATION. The use of practices that prevent exposed soil from eroding.
(13) START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
(14) WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the city.
(15) WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.
(C) Applicability. The requirements under this section shall apply to all persons within the city MS4 area who:
(1) Do not obtain an individual NPDES permit under 327 IAC 15-2-6; and
(2) Are involved in construction activity, except operations that result in the land disturbance of less than one acre of total land area and are not part of a larger common plan of development or sale.
(3) The requirements of this rule do not apply to persons who are involved in:
(a) Agricultural land disturbing activities; or
(b) Forest harvesting activities.
(4) The requirements under this rule do not apply to the following activities, provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
(a) Landfills that have been issued a certification of closure under 329 IAC 10; or
(b) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the department under 329 IAC 10 that contains equivalent storm water requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(5) Determination of 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;
(c) To calculate lot disturbance on all other types of project sites, such as industrial and commercial project sites, the following apply:
1. Where lots are one acre or greater in size, a minimum of one acre of land disturbance must be calculated as the expected lot disturbance; or
2. Where the lots are less than one acre in size, the total lot must be calculated as being disturbed;
(d) For purposes of this rule, strip developments:
1. Are considered as one project site; and
2. Must comply with this rule; 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.
(D) Requirements of property owners and developers.
(1) No person shall be granted an improvement location permit for land-disturbing activity within the city MS4 area that would require the uncovering of one acre without the approval of an erosion and sediment control plan by the City Planning Director.
(2) Erosion and sediment control plans are not required for the following activities:
(a) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
(b) Existing nursery, forestry harvesting and agricultural operations conducted as a permitted main or accessory use.
1. All plans and specifications shall bear the name(s) and address(es) of the owner or 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 filing fee.
2. The site owner or developer shall provide a statement that any land clearing,
construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan and that a certified contractor shall be on site on all days when construction or grading activity takes place.
3. The applicant will be required to file with the city a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the Plan Commission to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City Planning Director, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(E) Review and approval.
(1) The Plan Commission will review each application for a site development permit to determine its conformance with the provisions of this regulation. Within 28 days after receiving an application, the Plan Commission shall, in writing:
(a) Approve the permit application;
(b) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(c) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
(2) Failure of the Plan Commission to act on an original or revised application within 28 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City Planning Director. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City Planning Director.
(F) Erosion control and sediment plan.
(1) The erosion and sediment control plan shall include the following:
(a) A letter of transmittal, which includes a project narrative;
(b) A vicinity map (at a scale no more than 1 inch equals 50 feet) showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures;
(c) A project site layout identifying the following:
1. Soil types, as determined by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey, or an equivalent publication, or as determined by a soil scientist;
2. Identification and delineation of vegetative cover, such as grass, weeds, brush, and trees, on the project site;
3. Contours for the existing and proposed topography;
4. The proposed grading or land disturbance activity including: the surface area involved, excess spoil material, use of borrow material, and specific limits of disturbance;
5. Delineation of any wetlands, natural or artificial water storage detention areas, and drainage ditches on the site;
6. Delineation of any 100-year floodplain on or near the site; and
7. Locations of erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance;
(d) A chronological construction schedule and time frame including, as minimum, the following activities:
1. Clearing and grubbing for those areas necessary for installation of perimeter erosion control devices;
2. Construction of perimeter erosion control devices;
3. Remaining interior site clearing and grubbing;
4. Installation of permanent and temporary stabilization measures;
5. Road grading;
6. Grading for the remainder of the site;
7. Utility installation and whether storm drains will be used or blocked after construction;
8. Building, parking lot, and site construction;
9. Final grading, landscaping or stabilization;
10. Implementation and maintenance of final erosion control structures; and
11. Removal of temporary erosion control devices.
(2) A description of the storm drainage system, including quantities of flow and site conditions around all points of surface water discharge from the site.
(3) A description of erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance:
(a) Design details for both temporary and permanent erosion control structures; and
(b) Details of temporary and permanent stabilization measures including a onstruction note on the plan stating: "Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven (7) calendar days on all perimeter dikes, swales, ditches, perimeter slopes, and all slopes greater than 3 horizontal to 1 vertical (3:1); embankments of ponds, basins, and traps; and within fourteen (14) days on all other disturbed or graded areas. The requirements of this section do not apply to those areas which are shown on the plan and are currently being used for material storage or for those areas on which actual construction activities are currently being performed."
(4) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures; and, provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(5) Any changes or modifications to the approved erosion and sediment control plan shall be processed and approved or disapproved in the same manner as division (E) of this section. Requests for changes or modifications must adhere to the following conditions:
(a) All proposals to modify the approved plans must be submitted to the Plan Commission for approval. No grading or any type of work in connection with any proposed modification shall be without prior written approval of the issuing authority;
(b) When inspection of a site indicates that the approved erosion and sediment control plan needs change, the change shall be in compliance with the erosion and sediment control criteria contained in the Indiana Handbook for Erosion Control in Developing Areas (most recent version). The Plan Commission may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report. The modification shall be noted on the approved plans, signed by the Inspector, and dated; and
(c) The owner or developer shall submit requests for major revisions to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the City Planning Director. This includes revisions due to plan and site discrepancies and inadequacies at controlling erosion and sediment as revealed through inspection.
(G) Design requirements.
(1) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Indiana Handbook for Erosion Control in Developing Areas (most recent version), and shall be adequate to prevent transportation of sediment from the site to the satisfaction of City Planning Director. Cut and fill slopes shall be no greater than 2:1, except as approved by Plan Commission to meet other community or environmental objectives.
(2) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the Indiana Handbook for Erosion Control in Developing Areas (most recent version), shall be used to the satisfaction of City Planning Director.
(3) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(4) Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by City Planning Director.
(5) Erosion control requirements shall include the following:
(a) Soil stabilization shall be completed within five days of clearing or inactivity in construction;
(b) If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the Plan Commission may require the site to be reseeded or a non-vegetative option employed;
(c) Special techniques that meet the design criteria outlined in the Indiana Handbook for Erosion Control in Developing Areas (most recent version) on steep slopes or in drainage ways shall be used to ensure stabilization;
(d) Soil stockpiles must be stabilized or covered at the end of each workday;
(e) The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season;
(f) Techniques shall be employed to prevent the blowing of dust or sediment from the site; and
(g) Techniques that divert upland runoff past disturbed slopes shall be employed.
(6) Sediment control requirements shall include the following:
(a) Settling basins, sediment traps, or tanks and perimeter controls;
(b) Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if required by City Planning Director; and
(c) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
(7) Waterway and watercourse protection requirements shall include the following:
(a) A temporary stream crossing installed and approved by the Indiana Department of Natural Resources if a wet watercourse will be crossed regularly during construction;
(b) Stabilization of the watercourse channel before, during, and after any in-channel work;
(c) All on-site stormwater conveyance channels designed according to the criteria outlined in the Indiana Handbook for Erosion Control in Developing Areas (most recent version); and
(d) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(8) Construction site access requirements shall include:
(a) A temporary access road provided at all sites; and
(b) Other measures required by the Plan Commissioning order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(H) Inspections.
(1) The Plan Commission or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the owner or developer wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Plan Commission shall be maintained at the site during the progress of the work. To obtain inspections, the site owner or developer shall notify the Plan Commission at least two working days before the following:
(a) Start of construction;
(b) Installation of sediment and erosion measures;
(c) Completion of site clearing;
(d) Completion of rough grading;
(e) Completion of final grading;
(f) Close of the construction season; and
(g) Completion of final landscaping.
(2) The site owner or developer or his or her agent shall make regular inspections of all control measures in accordance ith the inspection schedule outlined on the approved erosion and sediment control plan(s).
(3) The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the Plan Commission at the time interval specified in the plan approval.
(4) The Plan Commission or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under this section.
(I) Enforcement.
(1) Warning of non-compliance.
(2) Notification of violation. If the authority finds that any site owner or developer has engaged in conduct which justifies revocation of a storm water permit or suspension of service, the authority shall serve the discharger with a written notice, either personally or by certified or registered U.S. mail, stating the nature of the alleged violation. Within ten days following receipt of the notice, the discharger shall respond personally or in writing to the authority, advising of its position concerning the allegations. Thereafter, the parties shall meet to determine the seriousness of the allegations and, if necessary, establish a plan for the satisfactory correction of any violations.
(3) Show cause hearing. If a violation of this section or of the approved erosion and sediment control plan occurs and is not corrected by timely compliance, the authority may order any discharger to show cause before them and state why the proposed permit revocation action should not be taken. A written notice shall be served on the discharger by personal service, or by certified or registered U.S. mail, specifying the time and place of a hearing to be held by the authority. The hearing shall consider the violation, the proposed enforcement action, the reasons why the enforcement action should be taken, and directing the discharger to show cause before the authority as to why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the authority and appropriate orders with respect to the alleged improper activities of the discharger shall be issued.
(4) Annual publication of violators. A list of all persons which were found to be in significant noncompliance shall be published annually by the city in the Chronicle Tribune.
(J) Stop work orders. Whenever any work is being done contrary to the provisions of this section, or any other section of this subchapter or any other applicable municipal code, the Plan Commission may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the City Planning Director to proceed with the work.
(Ord. 19-2005, passed 7-5-2005)