(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. The project site owner shall submit a notice of termination (NOT) letter to the city and IDEM in accordance with the following, at the addresses stated in § 156.11(A).
(1) Except as provided in division(2), the project site owner shall submit an NOT letter when the following conditions have been met:
(a) All land disturbing activities, including construction on all building lots, have 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 division has been met.
(3) The project site owner may submit an NOT letter to obtain early release from compliance with this rule if the following conditions are met:
(a) The remaining, undeveloped acreage does not exceed five acres, with contiguous areas not to exceed 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 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.
(B) Following acceptance of the NOT letter and written approval from the city for early release, the project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the remaining undeveloped acreage and acreage with construction activity that they are responsible for complying with this chapter. The remaining individual lot owners do not need to submit an NOI letter or NOT letter. The notice must contain a verified statement that each of the conditions above have been met. The notice must also inform the individual lot owners of the requirements to:
(1) Install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and
(2) Maintain all erosion and sediment control measures that are to remain on-site as part of the comprehensive stormwater management plan.
(C) The city may inspect the project site to evaluate the adequacy of the remaining stormwater quality measures and compliance with the NOT letter requirements. If the city finds that the project site owner has sufficiently filed an NOT letter, the city shall forward notification to the project site owner. Upon receipt of the verified NOT and receipt of written approval from the city, the project site owner shall no longer be responsible for compliance with this chapter.
(D) After a verified 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 or occupier of the property.
(Ord. 3436, passed 9-6-05) Penalty, see § 156.99