(A) Project site owner responsibilities. The project site owner has the following responsibilities:
(1) Complete a sufficient notice of intent (NOI) letter;
(2) Ensure that a sufficient comprehensive stormwater management plan is completed and submitted in accordance with § 156.10 of this rule. Compliance with all applicable portions of 327 IAC 15-5 is also required;
(3) Ensure compliance with this rule during:
(a) The construction activity; and
(b) Implementation of the comprehensive storm water management plan;
(4) Notify the Department and city with a sufficient notice of termination (NOT) letter; and
(5) Ensure that all persons engaging in construction activities on a permitted project site comply with the applicable requirements of this rule and the approved comprehensive storm water management plan.
(B) Off-site construction activities. For off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a permitted project site, these off-site activity areas must be considered a part of the permitted project site when the activity is under the control of the project site owner.
(C) Individual lot where land disturbance is one acre or more and lies within a project site permitted under this chapter. For an individual lot where land disturbance is expected to be one acre or more and the lot lies within a project site permitted under this chapter, the individual lot owner shall:
(1) Complete his or her own notice of intent letter; and
(2) Ensure that a sufficient comprehensive stormwater management plan is completed and submitted in accordance with § 156.10 of this rule.
(D) Individual lot where the land disturbance is less than one acre and the lot lies within a project site permitted under this chapter. For an individual lot where the land disturbance is less than one acre and the lot lies within a project site permitted under this chapter, the individual lot operator shall be in accordance with the following:
(1) Comply with:
(a) The provisions and requirements of the plan developed by the project site owner; and
(b) The necessary requirements in § 156.10.
(2) Does not need to submit a notice of intent letter and comprehensive stormwater management plan.
(E) Multi-lot project sites. Multi-lot project sites are regulated by this rule in accordance with the following. A 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:
(1) 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.
(2) 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.
(3) To calculate lot disturbance on all other types of project sites, such as industrial and commercial project sites, the following apply:
(a) 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.
(b) Where the lots are less than one acre in size, the total lot must be calculated as being disturbed.
(F) Filter strips. 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.
(Ord. 3436, passed 9-6-05) Penalty, see § 156.99