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§ 55.058 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
   (A)   Following approval of the stormwater management permit by the town and commencement of construction activities, the town has the authority to conduct inspections of the site to ensure full compliance with the provisions of this section, the approved stormwater pollution prevention plan, the Indiana Stormwater Quality Manual, and the terms and conditions of the approved permit.
   (B)   A self-monitoring program must be implemented by the project site owner to ensure the stormwater pollution prevention plan is working effectively. A qualified professional, registered with the town per Ord. 2004-OR-026 shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site should be monitored at least once in that week. Weekly inspections by the qualified professional shall continue until the entire site has been stabilized and a notice of termination has been issued.
   (C)   The qualified professional should look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures, and construction materials storage/containment facilities, to ensure they are functioning properly. The qualified professional should also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations.
   (D)   The resulting evaluation reports must include the name of the qualified professional performing the evaluation, the date of the evaluation, problems identified at the project site, and details of maintenance, additional measures, and corrective actions recommended and completed.
   (E)   The stormwater pollution prevention plan shall serve as a guideline for stormwater quality, but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this section, all measures necessary to adequately prevent polluted stormwater runoff. Recommendations by the qualified professional for modified stormwater quality measures should be implemented.
   (F)   Although self-monitoring reports do not need to be submitted to the town, the town has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the town, in an organized fashion, within 48 hours upon request.
(Ord. 2021-OR-003, passed 1-11-21)
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
§ 55.070 APPLICABILITY AND EXEMPTIONS.
   (A)   In addition to the requirements of §§ 55.055 et seq., the stormwater pollution prevention plan, which is to be submitted to the town 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 corporate boundaries of the Town of Sellersburg that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 10,000 square feet or more of total land area, is subject to the requirements of this section. This includes both new development and re-development, and disturbances of land less than 10,000 square feet of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. In addition, regardless of the amount of disturbance, the Town of Sellersburg reserves the right to require pre-treatment best management practices (BMPs) for proposed hot spot developments in accordance to provisions contained in the Town of Sellersburg Stormwater Technical Standards Manual.
   (B)   The requirements under this section 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 one acre, when the dwelling is not part of a larger common plan of development or sale; or
      (4)   Individual building lots within a larger permitted project.
   (C)   The requirements under this section 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; and
      (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 in accordance with §§ 55.080 et seq. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs (especially, the protection of post-stormwater BMPs during construction phase) in compliance with this chapter and with the approved stormwater management permit, and to notify the town 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 section and this chapter.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.071 POLICY ON STORMWATER QUALITY MANAGEMENT.
   (A)   It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues within the corporate boundaries of the Town of Sellersburg, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. Through the use of appropriate BMPs, stormwater runoff will be filtered, and harmful amounts of sediment, nutrients, and contaminants will be removed.
   (B)   The project site owner must submit to the town a SWPPP that shows placement of appropriate BMPs from a pre-approved list of BMPs specified in the Town of Sellersburg Stormwater Technical Standards Manual. The SWPPP submittal shall include an Operation and Maintenance (O and M) Manual for all post-construction BMPs included in the project and a notarized maintenance agreement, consistent with the sample agreement provided in Appendix D of the Town of Sellersburg Stormwater Technical Standards Manual, providing for the long-term maintenance of those BMPs, both of which shall be recorded with the deed for the property on which the project is located. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Town of Sellersburg Stormwater Technical Standards Manual. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Town of Sellersburg Stormwater Technical Standards Manual would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the Town of Sellersburg Stormwater Technical Standards Manual.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.072 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
   (A)   Calculation of land disturbance should follow the guidelines discussed in § 55.042.
   (B)   The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs shall meet the design criteria, standards, and specifications outlined in the Town of Sellersburg Stormwater Technical Standards Manual. The methods and procedures included in the referenced standards is in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
(Ord. 2021-OR-003, passed 1-11-21)
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