(A) Applicability and exemptions.
(1) In addition to the requirements of § 52.26, the stormwater pollution prevention plan, which is to be submitted to the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner 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 treat stormwater runoff from the stabilized site. Any project located within the town that includes clearing, grading, excavation and other land-disturbing activities, resulting in the disturbance of one acre or more of total land area, is subject to the requirements of this chapter. This includes both new development and re-development 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.
(2) The requirements under this section do not apply to the following activities:
(a) Agricultural land-disturbing activities;
(b) Forest harvesting activities;
(c) 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;
(d) Single-family residential developments consisting of four or less lots;
(e) 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
(f) Individual building lots within a larger permitted project.
(3) 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:
(a) Landfills that have been issued a certification of closure under 329 I.A.C. § 10;
(b) Coal mining activities permitted under I.C. 14-34; or
(c) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana 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.
(4) 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 Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner in accordance with § 52.28. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMP in compliance with this subchapter and with the approved stormwater management permit, and to notify the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner 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 chapter and this subchapter.
(B) Policy on stormwater quality management.
(1) It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues in the town, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams and rivers. Through the use of Best Management Practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment nutrients, and contaminants will be removed. The town has adopted a policy that the control of stormwater quality will be based on the management of total suspended solids (TSS).
(2) The project site owner must submit to the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner, a Stormwater Pollution Prevention Plan (SWPPP) that would show placement of appropriate BMP from a pre-approved list of BMP specified in the McCordsville Stormwater Technical Standards Manual.
(a) The noted BMP must be designed, constructed and maintained according to guidelines provided or referenced in the McCordsville Stormwater Technical Standards Manual.
(b) Practices other than those specified in the pre-approved list may be utilized; however, the burden of proof, as to whether the performance (minimum 80% TSS removal) and ease of maintenance of those practices will be according to guidelines provided in the McCordsville Stormwater Technical Standards Manual, would be placed with the applicant.
(c) Details regarding the procedures and criteria for consideration of acceptance of the BMP are provided in the McCordsville Stormwater Technical Standards Manual.
(3) Gasoline outlets and refueling areas must install appropriate practices to reduce lead, copper, zinc and hydrocarbons in stormwater runoff. These requirements will apply to all new facilities and existing facilities that replace their tanks.
(C) Calculations and design standards and specifications.
(1) Calculation of land disturbance should follow the guidelines discussed in § 52.26(C).
(2) The calculation methods as well as the type, sizing and placement of all stormwater quality management measures, or BMP shall meet the design criteria, standards and specifications outlined in the Indiana Stormwater Quality Manual or the McCordsville Stormwater Technical Standards Manual. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
(D) Easement requirements.
(1) All stormwater quality management systems, including detention or retention basins, filler strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements. For developments occurring outside the town’s limits and/or at the discretion of the Town Engineer and/or the Town Drainage Board, the developer shall petition to establish the noted system as a portion of regulated drain pursuant to the provisions of I.C. 36-9-27-54, and the drainage plan shall not be accepted until the petition is submitted in a form accepted by the Town Engineer and the Town Drainage Board.
(2) For the purposes of monitoring, inspection and general maintenance activities, the petition should include a 30-foot wide perimeter beyond the actual footprint of the stormwater quality management facility.
(E) Inspection, maintenance, record keeping and reporting.
(1) After the approval of the stormwater management permit by the Town Drainage Board and the commencement of construction activities, the Town Drainage Board and/or Town Engineer and/or the Town Public Works Commissioner has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter, the McCordsville Stormwater Technical Standards Manual, the Indiana Stormwater Quality Manual and the terms and conditions of the approved permit.
(2) Stormwater quality facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual or the McCordsville 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 Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner. Stormwater detention/retention basins may be donated to the town or other unit of government designated by the Town Drainage Board and/or the Town Public Works Commissioner, for ownership and permanent maintenance providing the Town Drainage Board and/or the Town Public Works Commissioner or other governmental unit is willing to accept responsibility.
(3) The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspections will follow the operation and maintenance procedures included in the McCordsville 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.
(Ord. 030805, passed - -2005)