(A) This section applies to all development, or re-development of land, that results in land disturbance of 1 acre or more. Individual lots with land disturbance less than 1 acre that are developed within a larger permitted project site, should refer to § 33.088 for plan review requirements and procedures.
(B) Figure 1 is a flowchart summarizing the plan review/permit approval process and can be found at the end of this subchapter. For projects located within the MS4 area boundary, as shown in Appendix B, the project site owner shall submit an application for a stormwater management permit to the Town Council and/or Town Manager and/or Building Commissioner. The application will include an Initial Notice of Intent letter (NOI) (that would also act as permit application form), proof of public notice, construction plan sheets, stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in § 33.087 below. Four copies of each application must be submitted to the Town Council and/or Town Manager and/or Building Commissioner. Additionally, a digital copy of the construction plans is required in a format accepted by the Town Council and/or Town Manager and/or Building Commissioner.
(1) After the Town Council and/or Town Manager and/or Building Commissioner receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, the Town Council and/or Town Manager and/or Building Commissioner will forward 1 copy of the application to the Soil and Water Conservation District (SWCD) for its review and comment within a 10-day period. The remaining 3 copies will be reviewed in detail by the Town Council and/or Town Manager and/or Building Commissioner and/or its plan review consultant(s). Once all comments have been received and review completed, the Town Council and/or Town Manager and/or Building Commissioner will either accept the project, request modifications, or place the project on the agenda of the next scheduled meeting of the Town Council. If the project must go through a scheduled meeting, the Town Council and/or Town Manager and/or Building Commissioner will furnish the applicant a complete list of comments and objections to the plans and accompanying data prior to the scheduled meeting. After the scheduled meeting, the Town Council will either issue a permit, or request modifications to the construction plans.
(2) The project site owner must notify the Town Council and/or Town Manager and/or Building Commissioner and IDEM 48 hours before beginning construction. Notification shall be in the form of an updated IDEM NOI form. Once a permit has been issued and the updated NOI submitted to the Town Council and/or Town Manager and/or Building Commissioner and IDEM 48 hours before beginning construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terms and conditions of the approved permit. Upon completion of construction activities, as-built plans must be submitted to the Town Council and/or Town Manager and/or Building Commissioner. A Notice of Termination (NOT) shall be sent to the Town Council and/or Town Manager and/or Building Commissioner once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The Town Council and/or Town Manager and/or Building Commissioner, or representative, shall inspect the construction site to verify the requirements for an NOT have been met. Once the applicant receives a "verified" copy of the NOT, they must forward a copy to IDEM. Permits issues under this scenario will expire 5 years from the date of issuance. If construction is not completed within 5 years, the NOI must be resubmitted at least 90 days prior to expiration. No Rule 5 (327 IAC 15-5) permit is required from IDEM for projects within the MS4 area boundary, since the Town Council is the permitting authority.
(3) For projects located outside the MS4 area boundary, the procedure to be followed by the applicant is similar to that described under division (B)(2). However, unless the IDEM's Rule 5 (327 IAC 15-5) arrangement with the local SWCD is delegated to the county through a MOA, the SWCD shall have a total of 28 days (the 10-day comment period noted under division (B)(2) plus an additional 18 days) to provide a detail review of the plans. If the project site owner/applicant does not receive notification within 28 days after the plan is received by the SWCD stating that the SWCD finds the plan is deficient, the project site owner may submit the updated NOI letter information. Also, again unless the IDEM's Rule 5 (327 IAC 15-5) arrangement with the local SWCD is delegated to the County through a MOA, the SWCD would conduct an independent inspection of the construction site and will work with the contractor to ensure that erosion control measures are implemented according to the accepted plans and that site is satisfactorily stabilized.
(4) Note that in these "outside the MS4" areas, both county and IDEM exercise authority over the erosion and sediment control aspects of construction projects. Again, unless the IDEM's Rule 5 (327 IAC 15-5) arrangement with the local SWCD is delegated to the county through a MOA, the applicant is responsible to independently satisfy the requirements imposed by IDEM and SWCD. Any review and inspection of construction and post-construction pollution prevention measures by the Town Council and/or Town Manager and/or Building Commissioner in these "outside the MS4" areas would be above and beyond that of SWCD under Rule 5.
(Ord. 051805, passed 5-18-2005)