(A) In addition to the requirements of §§ 50.060 through 50.063 of this chapter, the storm water pollution prevention plan, which is to be submitted to the town as part of the storm water management permit application, must also include post-construction storm water 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 storm water runoff from the stabilized site. Any project located within the corporate boundaries of the town 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 reserves the right to require pre-treatment BMPs for proposed hot spot developments in accordance to provisions contained in the town’s Storm Water 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 I.A.C. 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 State Department of Environmental Management under 329 I.A.C. 10 that contains equivalent storm water 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 storm water permit application and ensure that a sufficient construction plan is completed and submitted to the town in accordance with §§ 50.110 through 50.113 of this chapter. It will be the responsibility of the project site owner to ensure proper construction and installation of all storm water BMPs (especially, the protection of post-storm water BMPs during construction phase) in compliance with this chapter and with the approved storm water 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 storm water quality facilities meeting the applicability requirements must comply with the requirements of this section and this chapter.
(Ord. 2013-17, passed 12-2-2013)