(A) In addition to the requirements of §§ 33.065 through 33.068, the stormwater pollution prevention plan, which is to be submitted to the Town Council and/or Town Manager and/or Building 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 1 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 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.
(B) The requirements under this chapter do not apply to the following activities:
(1) Agricultural land disturbing activities;
(2) Forest harvesting activities;
(3) Construction activities associated with a single family residential dwelling disturbing less than 5 acres, when the dwelling is not part of a larger common plan of development or sale;
(4) Single-family residential developments consisting of 4 or less lots;
(5) 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
(6) Individual building lots within a larger permitted project.
(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) 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 Council and/or Town Manager and/or Building Commissioner in accordance with §§ 33.085 through 33.093 of this chapter. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs in compliance with this chapter and with the approved stormwater management permit, 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 eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this chapter and this chapter.
(Ord. 051805, passed 5-18-2005)