(A) The Town Council and/or Town Manager and/or Building Commissioner will require a Stormwater Pollution Prevention Plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of the construction plans and specifications. Any project located within town that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 1 acre or more of total land area, is subject to the requirements of this chapter. This includes both new development and re-development. This chapter also applies to disturbances of less than 1 acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 or more acres of land, within the MS4 area. Section 33.067 of this chapter provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of 327 IAC 15-5 (Rule 5) shall also be in compliance with 327 IAC 15-5.
(B) The requirements under this chapter do not apply to the following activities:
(1) Agricultural land disturbing activities; or
(2) Forest harvesting activities.
(C) The requirements under this chapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
(1) Landfills that have been issued a certification of closure under 329 IAC 10;
(2) Coal mining activities permitted under I.C. 14-34; or
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 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.
(D) For an individual lot where land disturbance is expected to be 1 acre or more, the individual lot owner must complete their own notice of intent letter, apply for a stormwater permit from the Town Council (Board's designee – Town Manager), and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with §§ 33.085 through 33.093; regardless of whether the individual lot is part of a larger permitted project site.
(E) An individual lot with land disturbance less than 1 acre, located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater permit approved for the larger project site. The stormwater permit application for the larger project site must include detailed erosion and sediment control measures for individual lots. In addition, these individual lots are required to submit individual lot plot plan permit applications prior to receiving a building permit. Details of the permitting process are contained in §§ 33.085 through 33.093.
(F) 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 Town Council and/or Town Manager and/or Building Commissioner in accordance with §§ 33.085 through 33.093. It will be the responsibility of the project site owner to ensure compliance with this chapter during the construction activity and implementation of the construction plan, and to notify the Town Council and/or Town Manager and/or Building Commissioner with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this chapter.
(Ord. 051805, passed 5-18-2005)