(A) The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
(B) The project site owner shall submit a notice of termination (NOT) letter to the city in accordance with the following:
(1) The project site owner shall submit a NOT letter when the following conditions have been met:
(a) All land disturbing activity, including construction on all building lots, has been completed and the entire site has been stabilized; and
(b) All temporary erosion and sediment control measures have been removed.
(2) The NOT letter must contain a certified statement that each of the conditions in this section have been met.
(3) The project site owner may submit a NOT letter to obtain early release from compliance with this subchapter, if the following conditions are met:
(a) The remaining 95% is built and stabilized with contiguous areas not exceeding one acre;
(b) 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 names and addresses of individual lot owners or individual lot operators of all undeveloped lots;
(c) All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the city or another appropriate local entity;
(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 stormwater quality measures have been implemented and are operational.
(4) The city or a representative designated by the Stormwater Board may inspect the project site to evaluate the adequacy of the remaining stormwater quality measures and compliance with the NOT letter requirements. If the inspection finds that the project site owner has sufficiently filed a NOT letter, the city shall forward notification to IDEM. Upon receipt of the certified NOT letter and receipt of written approval from IDEM, the project site owner shall no longer be responsible for compliance with this subchapter.
(5) After a certified NOT letter has been submitted for a project site, maintenance of the remaining stormwater quality measures shall be the responsibility of the individual lot owner as well as occupier of the property.
(C) Acceptance of site conditions shall be made by the city or its designated representative based upon an inspection. If any of the following items are deemed to be insufficient, not appropriate and/or inconsistent with the SWPPP or objectives stated in this subchapter, the NOT application shall not be approved:
(1) Pipes, channels, catch basins, water quality treatment devices and other infrastructure are clear of sediment, obstructions and debris and are designed and operating as appropriate for final site conditions;
(2) Slopes are permanently stabilized;
(3) Temporary erosion prevention or sediment control devices (such as silt fence and staking, outlet protection and the like) have been removed (as appropriate) and any resulting soil disturbance stabilized;
(4) Temporary pollution prevention practices have been demobilized or removed and affected areas stabilized;
(5) Sediment has been removed and slopes stabilized for permanent flood control and water quality control practices;
(6) Detention pond grading is stabilized and/or excess sediment removed so that actual volume is at least equal to designed volume and condition; and
(7) Other items as deemed to be important by the city.
(D) As-built requirements.
(1) A SWQMP shall be considered open and active until a time when the city accepts the site conditions and as-built requirements have been completed.
(2) Prior to issuance of a certificate of occupancy, the as-built condition of critical stormwater management facilities must be reviewed and approved.
(3) The volume, capacity, slope, configuration, condition, as-built plans and topographic information, as well as all pipe size, material, lengths, for all detention, retention and water quality practices shall be certified by a professional engineer or land surveyor licensed in the State of Indiana. This information shall be provided to the city in the form of an as-built drawing or other electronic format accepted by the city. The as-built certification shall indicate if final conditions are consistent with, or exceed, the SWQMP provisions.
(4) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site do not meet or exceed the SWQMP requirements, the city reserves the right to withhold certification of occupancy. Furthermore, other enforcement mechanisms may be applied to the person certifying the as-built information.
(5) If, upon inspection by the city or designated representative, it is determined that there is an item that must be addressed to receive acceptance of site conditions, then the inspections and maintenance shall continue as described in the SWQMP.
(Ord. Z-06-09, passed 4-3-2006)