§ 52B.050 APPLICABILITY AND EXEMPTIONS.
   (A)   The city will require a stormwater pollution prevention plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of a project’s construction plans and specifications. Any project located within the corporate boundaries of the city that includes clearing, grading, excavation or other land disturbing activities resulting in the disturbance of 1 acre or more of total land area is subject to the requirements of this subchapter. This includes both new development and redevelopment. This subchapter also applies to disturbances of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more of total land area. This subchapter provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of IDEM’s CSGP shall also be in compliance with the requirements contained in that permit.
   (B)   The requirements under this subchapter do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion and sediment control measures:
      (1)   Landfills that have been issued a certification of closure under 329 I.A.C. 10.
      (2)   Coal mining activities permitted under I.C. 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 I.A.C. 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.
   (C)   For an individual lot where land disturbance is expected to be 1 acre or more, the individual lot owner must complete their own notice of intent letter, apply for a stormwater permit from the city, and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with §§ 52B.080 through 52B.088, regardless of whether the individual lot is part of a larger permitted project site.
   (D)   An individual lot located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater permit and stormwater pollution prevention plan approved for the larger project site. The stormwater permit application for the larger project site must include detailed erosion and sediment control measures for individual lots. In addition, the builders of these individual lots are required to submit an individual lot plot plan permit application along with a SWPPP for that individual lot prior to receiving a building permit. Details of the permitting process for individual lots and parcels are contained in §§ 52B.080 through 52B.088 and additional requirements for individual lots may be found in the City of Washington Stormwater Technical Standards Manual.
   (E)   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 city in accordance with §§ 52B.080 through 52B.088. It will be the responsibility of the project site owner to ensure compliance with this chapter during the construction activity and implementation of the construction plan, and to notify the city upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the city. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this subchapter and this chapter.
(Ord. 10-2024, passed 7-8-2024)