1. 1.
   Discharges of prohibited non-stormwater flows into the stormwater drainage system;
2. 2.
   Stormwater drainage improvements related to development of lands located within the City;
3. 3.
   Drainage control systems installed during new construction and grading of lots and other parcels of land;
4. 4.
   Stormwater, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity;
5. 5.

   Stormwater discharges from construction support activities directly related to construction sites subject to this ordinance;

6. 6.
   Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land;
7. 7.
   The design, construction, and maintenance of stormwater drainage facilities and systems; and
8. 8.
   The design, construction, and maintenance of stormwater quality facilities and systems.

Also exempt from this Ordinance shall be agricultural land-disturbing activities.

Any construction project which has had its final drainage plan accepted by the City Engineer within a 2-year period prior to the effective date of this Ordinance shall be exempt from all requirements of this Ordinance, with the exception of the requirements of Division 7.400, Stormwater Pollution Prevention for Construction Sites, and applicable sections of Division 7.600, Permit Requirements and Procedures, that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in Division 7.200, Prohibited Discharges and Connections.

1. 1.
   Reduce the hazard to public health and safety caused by excessive stormwater runoff;
2. 2.
   Regulate the contribution of pollutants to the stormwater drainage system due to construction site runoff;
3. 3.
   Regulate the contribution of pollutants to the stormwater drainage system and public waters from runoff from new development and redevelopment;
4. 4.
   Prohibit illicit discharges into the stormwater drainage system; and
5. 5.
   Establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this Article.

Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body.

1. 1.
   Any project located within the corporate boundaries of the City that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of or impact of one (1) acre or more of total land area, without regard to minimum lot size in the applicable zoning district, which includes both new development and redevelopment;
2. 2.
   Disturbances of less than one (1) acre of land that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more of land, without regard to the minimum lot size in the applicable zoning district, within the City; and
3. 3.
   Land disturbing activities that involve land disturbance or impact of less than one (1) acre but equal to or greater than 3,000 square feet, without regard to minimum lot size in the applicable zoning district, and/or any disturbing activities with sites immediately adjacent to a storm sewer inlet, ditch, stream, wetland, or other watercourse, and any sites which are located on ground with a slope of six percent or greater.

1. 1.
   Land disturbing activities specifically exempted in writing by the Board of Public Works and Safety, or its authorized representative, because of conditions unique to the parcel proposed for development or lot that make the use of soil erosion and sediment controls unnecessary.
2. 2.
   The following activities:

   1. a.
      Agricultural land disturbing activities; and
   2. b.
      Forest harvesting activities.
3. 3.
   The following activities, provided other applicable State permits contain provisions requiring immediate implementation of soil erosion control measures:

   1. a.
      Landfills that have been issued a certification of closure under 329 IAC 10;
   2. b.
      Coal mining activities permitted under IC 14-34; and
   3. c.
      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.

For a development or a project where land disturbance is expected to be one (1) acre or more, the developer or project owner must complete a Notice of Intent (NOI) letter, apply for a site permit from the City of Valparaiso, and submit to the City, a sufficient Stormwater Pollution Prevention Plan (SWPPP) which includes erosion and sediment control measures, materials handling procedures and construction sequencing, as part of a project’s construction plans and specifications, in accordance with Division 7.600, Permit Requirements and Procedures.

An individual lot located within a larger permitted project site, regardless of the size of the lot, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the site permit approved for the larger project site. The site 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 individual lot permit application along with an Erosion and Sediment Control Plan for that individual lot prior to receiving a site permit. Details of the permitting process for individual lots and parcels are contained in Division 7.600, Permit Requirements and Procedures, and additional requirements for individual lots may be found in the City of Valparaiso Stormwater Technical Standards Manual.

For an individual lot or a project where land disturbance is 3,000 square feet or more but less than one (1) acre, and is not located within a larger permitted project site, an individual lot or project site plan including appropriate erosion and sediment control measures that are consistent with the City of Valparaiso Technical Standards is required prior to receiving a site permit.

The required IDEM general and implementation requirements that apply to all land-disturbing activities are contained in the City of Valparaiso Stormwater Technical Standards Manual.

It will be the responsibility of the project site owner to complete a site permit application and ensure that a sufficient construction plan is completed and submitted to the City Engineer in accordance with Division 7.600, Permit Requirements and Procedures. It will be the responsibility of the project site owner to ensure compliance with this Ordinance during the construction activity and implementation of the construction plan, and to notify the City Engineer upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the City Engineer. 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 Division and this Ordinance.

1. 1.
   Off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a land disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
2. 2.
   To determine if multi-lot project sites are regulated by Sec. 7.402, Policy on Stormwater Pollution Prevention, of this rule, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:

   1. a.
      For a single-family residential project site where the lots are one-half acre or more, without regard to the minimum lot size of the applicable zoning district, one-half acre of land disturbance must be used as the expected lot disturbance.
   2. b.
      For a single-family residential project site where the lots are less than one half acre in size, the total lot must be calculated as being disturbed.
   3. c.
      To calculate lot disturbance on all other types of project sites, such as industrial and commercial project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.

The design requirements that would apply to all land-disturbing activities and shall be considered in the selection, design, and implementation of all stormwater quality and management measures contained in the SWPPP are contained in the City of Valparaiso Stormwater Technical Standards Manual.

1. 1.
   Agricultural land disturbing activities;
2. 2.
   Forest harvesting activities;
3. 3.
   Construction activities associated with a single family residential dwelling disturbing less than one (1) acre, when the dwelling is not part of a larger common plan of development or sale;
4. 4.
   Individual building lots within a larger permitted project.
5. 5.
   Provided other applicable State permits contain provisions requiring immediate implementation of soil erosion control measures, the following activities do not apply:

   1. a.
      Landfills that have been issued a certification of closure under 329 IAC 10;
   2. b.
      Coal mining activities permitted under IC 14-34; and
   3. c.
      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.

1. 1.
   Conceptual plans showing general project layout, including existing and proposed drainage systems.
2. 2.
   General description of the existing and proposed drainage systems in narrative form.
3. 3.
   Map showing on-site 100-year floodplain and floodway (please note if none exists).
4. 4.
   Map showing all wetlands, lakes, and ponds on or adjacent to the site.
5. 5.
   Existing watercourse or regulated drains.
6. 6.
   Watershed Boundaries with USGS Contours or best information possible.
7. 7.
   Drainage calculations detailing existing and proposed discharges from the site.
8. 8.
   Letter of Intent for obtaining any needed consents, off-site easements, right-of-way, or regulatory permits.

1. 1.
   To pull a site permit, the project site owner shall submit an application to the City Engineer. The application will include construction plan sheets, a stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in Sec. 7.603, Information Requirements.
2. 2.
   After the City Engineer’s receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. Once all comments have been received and review completed, the City Engineer will either approve the project, or request modifications.
3. 3.
   Once the plans are approved, a Construction/Stormwater Pollution Prevention Plan Technical Review and Comment form and a Site Permit will be issued. The project site owner must file a Notice of Intent to IDEM through IDEM’s Regulatory ePortal a minimum of 48 hours prior to the commencement of construction activities. The project site owner shall notify the City of Valparaiso before beginning construction. A pre-construction meeting is required to be held prior to any grading activity to ensure that appropriate perimeter control measures have been implemented on the site and the location of any existing tiles have been properly marked.
4. 4.
   Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this Ordinance and the terms and conditions of the approved permit.
5. 5.
   Upon completion of construction activities, as-built plans must be submitted to the City of Valparaiso. Once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed, a notification shall be sent to the City of Valparaiso, requesting a termination inspection. The City of Valparaiso, or its representative, shall inspect the construction site to verify that the completed project is fully stabilized and meets the requirements of City of Valparaiso’s Stormwater Ordinance and its technical standards, and that the terms and conditions of the permit. Once the applicant receives a signed copy of the Termination Inspection Checklist confirming compliance, they must forward a copy to IDEM along with the required IDEM NOT form.
6. 6.
   Permits issued under this scenario will expire 3 years from the date of issuance. If construction is not completed within 3 years, an updated permit application must be submitted to the City of Valparaiso. If construction is not completed within 5 years, an updated NOI must be resubmitted to IDEM at least 90 days prior to expiration.

1. 1.
   No SWPPP review notification received. If the review authority does not notify the applicant of its preliminary determination as to whether the construction plan is substantially complete within either 10 or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM including the information required this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained.
2. 2.
   SWPPP not substantially complete. If the review authority notifies the applicant that the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual.
3. 3.
   Unfavorable SWPPP. If the review authority notifies the applicant that the construction plan is deficient and makes a conclusive unfavorable determination concerning the construction plan under this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, the project site owner may not submit a notice of intent letter to IDEM.
4. 4.
   Preliminary SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a preliminary review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained. The plan review authority reserves the right to perform a comprehensive review at a later date, and revisions may be required at that time.
5. 5.
   Conditional SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a conditional review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project provided that the requirements included in the conditional review are fulfilled and all the other necessary permits have been obtained.
6. 6.
   Favorable SWPPP review. If the review authority notifies the applicant that the construction plan is substantially complete and a comprehensive review has been completed, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this Ordinance and the City of Valparaiso Stormwater Technical Standards Manual, and 48 hours after the NOI is submitted to IDEM, may begin the construction project, including the land disturbing activities of the construction project, provided that all the other necessary permits have been obtained.

1. 1.
   Construction Plans. Construction plan sheets and an accompanying narrative report shall describe and depict the existing and proposed conditions. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans must include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual, Appendix B.
2. 2.
   Stormwater Drainage Technical Report. A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage system. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual.
3. 3.
   Stormwater Pollution Prevention Plan for Construction Sites. For sites with total disturbance of one (1) acre or more, a stormwater pollution prevention plan associated with construction activities must be designed to, at least, meet the requirements of this Ordinance. The SWPPP and construction plans must include the items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual. For land disturbances totaling 3,000 square feet or more of land area but less than one (1) acre, appropriate erosion and sediment control measures that are consistent with the City of Valparaiso Technical Standards must be designed and shown on the plans.
4. 4.
   Post-Construction Stormwater Pollution Prevention Plan and O&M Manual. For sites with total land disturbance of one (1) acre or more of total land area, a post-construction stormwater pollution prevention plan must be designed to, at least, meet the requirements of this Ordinance and must include the information provided in the City of Valparaiso Stormwater Technical Standards Manual. The post-construction stormwater pollution prevention plan must include items listed in the information submission checklist provided in the City of Valparaiso Stormwater Technical Standards Manual. For such sites, an Operations and Maintenance Manual (O&M Manual) is required to facilitate the proper long-term function of all post-construction stormwater quality measures. The detailed requirements of the manual are provided in the City of Valparaiso Stormwater Technical Standards Manual.

1. 1.
   A site layout for the subject lot and all adjacent lots showing building pad location, dimensions, and elevations, and the drainage patterns and swales.
2. 2.
   Erosion and sediment control plan that, at a minimum, includes the following measures:

   1. a.
      Installation and maintenance of a stable construction site access.
   2. b.
      Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.
   3. c.
      Minimization of sediment discharge and tracking from the lot.
   4. d.
      Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules.
   5. e.
      Implementation of concrete or cementitious wash water practices that securely contain and allow for the proper disposal of concrete or cementitious wash water.
   6. f.
      Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.
   7. g.
      Self-monitoring program including plan and procedures.

1. 1.
   Sensitive areas. Sensitive Areas include highly erodible soils, wetlands, karst areas, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources.
2. 2.
   Class V injection well. Any discharge from a stormwater practice that is a Class V injection well shall meet the Indiana groundwater quality standards and registered with US EPA as required by the IDEM.
3. 3.
   Wetlands. If wetlands are suspected on a site, a wetland determination, followed by a delineation if wetlands are confirmed, should be completed in accordance with the methodology established by the U. S. Army Corps of Engineers (USACE). Any of the following materials shall be prima facia evidence which may be relied upon by the City Engineer for the identification, delineation, and existence of a wetland: (a) National Wetlands Inventory (NWI) maps produced or maintained by the U. S. Fish and Wildlife Service (USFWS); (b) maps produced, or maintained and utilized, by the USACE for identification and/or delineation of wetlands; (c) maps produced, or maintained and utilized, by the U. S. Natural Resources Conservation Service (NRCS) for the identification and/or delineation of wetlands; (d) USDA-NRCS Soil Survey of the City of Valparaiso hydric soils list; and (e) field investigations performed by the USACE or private consultants recognized by the Corps as authorities in wetland identification and delineation. Note: the NWI maps are intended to identify potential wetlands. Due to the lack of field verification, NWI classified wetlands are sometimes erroneously identified, missed, or misidentified. Additionally, the criterial used in identifying these wetlands, as established by USFWS, are different from those currently used by the USACE. NWI maps best serve as an indicator of potential jurisdictional wetlands. Likewise, soil survey maps were developed from actual field investigations by soil scientists from the NRCS but they address only one of the three required wetland criteria and may reflect historical conditions rather than current site conditions. It is recommended that all sites be field reviewed by a qualified person with experience in wetland identification in order to determine the presence or absence of wetlands.
4. 4.
   Threatened or endangered species habitat. The need for the applicant to check for the presence of threatened or endangered species habitat will be determined on a case-by-case basis. Special terms and conditions for development determined to impact or discharge to any Sensitive Area shall be included in the Site Permit.

The City of Valparaiso or City of Valparaiso Engineer is authorized, but is not required, to classify certain geographical areas as Impact Drainage Areas. In determining Impact Drainage Areas, the City of Valparaiso may consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility. Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an Impact Drainage Area by the City Engineer. Special terms and conditions for development within any Impact Drainage Area shall be included in the Site Permit. The following areas shall be designated as Impact Drainage Areas, unless good reason for not including them is presented to the City of Valparaiso.

1. 1.
   A floodway or floodplain as designated by the most updated FEMA Code dealing with floodplain regulation and/or by the Best Available Data through IDNR.
2. 2.
   Land within 25 feet of each bank of any ditch within the City of Valparaiso’s system.
3. 3.
   Land within 15 feet of the centerline of any stormwater infrastructure or enclosed conduit within the City of Valparaiso’s system.
4. 4.
   Land within 75 feet of each bank of a county open regulated drain.
5. 5.
   Land within 50 feet of a natural drainageway.
6. 6.
   Land within 75 feet of the centerline of any tiled regulated drain.

1. 1.
   Pipe size and pipe material
2. 2.
   Invert elevations
3. 3.
   Top rim elevations
4. 4.
   Elevation of the emergency overflow (spillway) for ponds
5. 5.
   Grades along the emergency flood routing path(s)
6. 6.
   Pipe structure lengths
7. 7.
   BMP types, dimensions, and boundaries/easements
8. 8.
   “As-planted” plans for BMPs, as applicable
9. 9.
   Data and calculations showing detention basin storage volume
10. 10.
    Data and calculations showing BMP treatment capacity
11. 11.
    Certified statement on plans stating the completed stormwater drainage system and stormwater management facilities substantially comply with construction plans as approved by the City Engineer (See certificate in the Stormwater Technical Standards Manual).