(A) The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff amounts may be increased by manmade or natural causes. This chapter does not imply that land uses permitted will be free from stormwater damage. This chapter shall not create liability on the part of the town or any officer, representative, or employee thereof, for any damage which may result from reliance on this chapter on any administrative decision lawfully made thereunder.
(B) The words “approve” and “accept”, and their common derivations as used in this chapter in relation to plans, reports, calculations, and permits shall mean that Fortville has reviewed the material produced and submitted by the applicant or his or her agents for general compliance with this chapter and the Fortville Stormwater Technical Standards Manual, and that such a compliance would qualify the applicant to receive a stormwater management approval or permit. Such an “approval” or “acceptance” is based on the assumption that the project engineer has followed all appropriate engineering methods in the design. Any stormwater quality or stormwater quantity (drainage) problems associated with the project caused by poor construction by the contractor and/or poor engineering design or judgment, either on-site or off-site, are the responsibility of the developer and the project engineer.
(C) Consideration, design, construction, and maintenance of safety measures for proposed or existing stormwater facilities shall be the responsibility of the developer, applicant, and/or the property owner. The town or its officials and representatives shall not be responsible for maintenance and/or liable for any accidents resulting from adequacy or lack of such safety measures.
(Ord. 2020-1E, passed 1-6-20)