(A) The stormwater pollution prevention plan, which is to be submitted to the town municipal separate storm sewer system (MS4) operator 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, concrete or bituminous paving, and other land disturbing activities, resulting in the disturbances of this chapter. This includes both new development and re-development, and disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one 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; or
(2) Forest harvesting activities; or
(3) Construction activities associated with a single family residential dwelling disturbing less than five acres; when the dwelling is not part of a larger common plan of development or sale; or
(4) Single-family residential development consisting of four or less lots; or
(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 IC 14-34.
(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 site improvement permit application and ensure that a sufficient construction plan is completed and submitted to the town municipal separate storm sewer system (MS4) operator in accordance with this subchapter and/or 327 IAC 15-5 (Rule 5.) It will be the responsibility of the project site owner and/or project site owner's designee to ensure proper construction and installation of all stormwater BMPs in compliance with this subchapter and with the approved stormwater management permit, and to notify the town municipal separate storm sewer system (MS4) operator with sufficient notice of termination letter upon completion of project and stabilization of the site. However, all eventual property owners of stormwater quality management facilities meeting the applicability requirement must comply with the requirements of this chapter and this subchapter.
(Ord. 2006-05, passed 6-1-06)