(A) Submittals. The project site owner has the following responsibilities:
(1) Submit a technical review and comment form, stating that the "plan is adequate" and a building permit shall be obtained prior to the initiation of any land disturbing activities.
(2) Submit a complete erosion and sediment control plan and storm water pollution prevention plan (in accordance with 327 IAC Article 15 and the forthcoming construction stormwater general permit to be adopted by the ERB) shall be submitted in duplicate to the MS4 Coordinator at the Town Hall.
(a) One copy will be forwarded to the Madison County SWCD for plan review.
(b) At the time of submittal, the date and time will be recorded.
(3) Each application shall bear the name(s) and addresses of the owner or developer of the project site, and any of the consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee.
(4) Each application shall include a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the storm water pollution prevention plan (SWPP), and that a certified contractor shall be on the project site on all days when construction or grading activity takes place.
(5) The applicant will be required to file with the town a faithful performance bond, letter of credit or other improvement security, in an amount the town deems sufficient to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the town, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the project site.
(B) Review. The Madison County SWCD will review each erosion and sediment control plan and SWPP. The sufficiency of the construction plans shall be based upon 327 IAC Article 5, 327 IAC Article 15, the forthcoming construction general permit to be adopted by the ERB and the criteria described in the current Town of Pendleton Stormwater Drainage Standards. The SWCD will have 14 days to complete erosion and sediment control plan SWPPP reviews for "large sites" 5+ acres disturbance. The SWCD will have ten days to complete SWPPP reviews for "small sites" 1-5 acres disturbance. The Madison County SWCD shall, in writing:
(1) Approve the erosion and sediment control plan and SWPP, and provide a technical review and comment form, stating that the "plan is adequate;"
(2) Approve the erosion and sediment control plan and SWPP, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the technical review and comment form, stating that the "plan is adequate;" or
(3) Provide a technical review and comment form, stating that the "plan is deficient" and the reason(s) therefor, and indicating the procedure for submitting a revised application and/or submission.
(4) After receiving notification stating the "Plan is Adequate," the MS4 Coordinator will issue a building permit.
(a) Failure of the MS4 Coordinator to act on an original or revised application within 35 days of its receipt shall authorize the applicant to proceed in accordance with the plans as filed, unless such time is extended by agreement between the applicant and the MS4 Coordinator.
(b) Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the MS4 Coordinator and Madison County SWCD.
(C) Approval.
(1) After receiving a technical review and comment form, stating that the "plan is adequate," and a building permit from the MS4 Coordinator, within 48 hours of the start of construction, the following shall be submitted by the project site owner to the Indiana Department of Environmental Management (IDEM):
(a) Notice of Intent (NO) Form (required by 327 IAC Article 15 and the forthcoming construction stormwater general permit to be adopted by the ERB);
(b) A copy of the technical review and comment form, stating that the "plan is adequate;" and
(c) Proof of publication (required by 327 IAC Article 15 and the or the forthcoming construction stormwater general permit to be adopted by the ERB).
(2) The project site owner will also:
(a) Submit a copy of the NO to the MS4 Coordinator and the Madison County SWCD; and
(b) Submit a notice of termination (NOT) letter to IDEM, and transmit a copy of the NOT letter to the MS4 Coordinator and the Madison County SWCD, when all land-disturbing activities have been completed, the entire project site has been stabilized, and all temporary erosion and sediment control measures have been removed.
(3) The town reserves the right to modify these procedures based on the State of Indiana adoption of Construction Stormwater and MS4 General Permits as allowed under 327 IAC Articles 5 and 15.
(Ord. 21-05, passed 3-11-21) Penalty, see § 53.999