(a) Title. These regulations shall be cited as the Crestline Stormwater Management and Sediment Control Regulations and are hereinafter referred as "these regulations."
(b) Authorization. These regulations are promulgated pursuant to Article XVIII, Section 3 of the Ohio Constitution, whereby a Municipality may adopt rules for stormwater management, to abate soil erosion and water pollution by soil sediment.
(c) Administration. The Stormwater Manager, who may be the Safety-Service Director, acting as the City's duly authorized representative, shall administer these regulations. The Stormwater Manager shall be responsible for determination of compliance with these regulations and shall issue such notices and orders as may be necessary.
(d) Purpose. The Council of the City of Crestline, hereinafter referred to as "Council", adopts these Stormwater Management and Sediment Control Regulations to establish feasible and economically reasonable standards aimed at achieving a level of management and conservation practices that will abate erosion of the soil and degradation of the Waters of the State by soil sediment, caused by non-farm earth-disturbing activities.
These regulations further intend, but are not limited to:
(1) Permit development while keeping downstream flooding, erosion and sedimentation at existing levels.
(2) Reduce damage to receiving streams and drainage systems that may be caused by increases in the quantity and/or rate of water discharged, and impairment of their capacity that may be caused by sedimentation.
(3) Establish a basis for the design of all storm drainage systems that will preserve the rights and options of both the dominant and servient property owners and help assure the long-term adequacy of storm drainage systems.
(e) Scope. These regulations shall apply to all earth-disturbing activities performed on incorporated lands within the City of Crestline, Ohio except as follows:
(1) Farming or silviculture operations or areas regulated by Ohio Agriculture Sedimentation Pollution Abatement Rules 1501:15-5 of the Ohio Administrative Code;
(2) Strip mining operations regulated under Ohio R.C. 1513.01;
(3) Surface mining operations regulated by Ohio R.C. 1514.01;
(4) Public highways, transportation and drainage improvements or maintenance thereof undertaken by a government agency or political subdivision provided that its standard sediment control policies have been approved by either the Crawford or Richland County Board of Commissioners, or by the Chief of the ODNR Division of Soil and Water Conservation and that the applicable sediment control policies are no less restrictive than these regulations;
(5) Refuse disposal sites controlled by other regulations.
(f) Disclaimer of Liability. Neither submission of a plan under provisions of these regulations, nor compliance with provisions of these regulations, shall relieve any person or other entity from responsibility for damage to any person or property otherwise imposed by law; nor shall it create a duty by the City or by The Stormwater Manager to those damaged by soil sediment pollution.
(g) Severability. If any clause, section or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(h) Nuisances. These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on his property, and compliance with the provisions of these regulations shall not be a defense in any action to abate such a nuisance.
(i) Responsibility. Failure of The Stormwater Manager to observe or recognize hazardous or unacceptable conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom and shall not result in the Council, The Stormwater Manager, its officers, employees or agents being responsible for any conditions or damage resulting therefrom.
(j) Effective Date. These regulations shall replace the existing regulations on the 31st day after adoption by the Council of the City of Crestline.
(Ord. 2787. Passed 11-26-07.)