(A) Generally. No person shall begin a land-disturbing activity subject to this chapter without receiving approval of an erosion and sediment control plan. An application should be made after the initial coordination meeting with the city. By submitting an application, the applicant is implying that the city has been given permission to enter the site to obtain information required for review of the erosion and sediment control plan. This permit is in addition to a General Storm Water Permit (Rule 5) required under 327 I.A.C. 15-5.
(B) Applicability. This section applies to the following sites with land-disturbing activities: those involving construction activities with a land disturbance greater than or equal to one acre, or 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.
(1) Content of erosion and sediment control plan for land-disturbing activities covering one or more acres in a given site. At a minimum, the erosion and sediment control plan shall include a project narrative, a vicinity map, construction plans and calculations. A detailed listing of the comprehensive plan requirements can be found in the Storm Water Development Manual.
(2) Content of erosion and sediment control plan for a single-family residential development consisting of four or fewer lots or 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 or sale. At a minimum, the erosion and sediment control plan shall include a project narrative, a vicinity map, construction plans and calculations. A detailed listing of the plan requirements can be found in the Storm Water Development Manual.
(3) Content of erosion and sediment control plan for individual lots within a permitted project. At a minimum, the erosion and sediment control plan shall include a project narrative, a vicinity map, construction plans and calculations. A detailed listing of the minimal plan requirements can be found in the Storm Water Development Manual.
(4) Review of the erosion and sediment control plan. The city shall review the application and erosion and sediment control plan in conjunction with the subdivision plat and local improvement permit application to determine whether the requirements of this chapter have been met. If the conditions are not met, the city shall inform the applicant in writing and either may require additional information or may disapprove the plan. If requested, additional information shall be submitted. The city shall again determine whether the plan meets the requirements of this chapter. If the plan is disapproved, the city shall inform the applicant in writing, giving reasons for disapproval.
(5) Permits.
(a) Surety bond. As a condition of approval and issuance of the permit, the city shall require the applicant to provide a surety bond or an irrevocable letter of credit when the erosion and sediment control plan has been approved to guarantee a good faith execution of the erosion and sediment control plan and any permit conditions; and
(b) Notification requirements.
1. Notify the city at least 24 hours before commencing with any land-disturbing activity;
2. Notify the city of the completion of erosion control measures within seven days after their installation;
3. Obtain approval from the city prior to implementing any changes to the most recently approved erosion and sediment control plan;
4. Install all erosion control measures as identified in the approved erosion and sediment control plan;
5. Maintain all road drainage systems, storm water drainage systems, erosion control measures and other facilities identified in the erosion and sediment control plan until the project has been terminated (see § 57.023 for continuing maintenance responsibility);
6. Where legal, remove sediment resulting from land-disturbing activities from adjacent surfaces and drainageways and/or repair erosion damage to adjacent surfaces and drainageways; and
7. Allow the city to enter the site for verifying compliance with the erosion and sediment control plan or for the performing of any work necessary to bring the site into compliance with the erosion and sediment control plan.
(Prior Code, § 57.12) Penalty, see § 57.999