958.03 DISCLAIMER OF LIABILITY.

   (a)   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.

   (b)   By approving a Comprehensive Storm Water Management Plan under this regulation, the City of Newton Falls, Ohio does not accept responsibility for the design, installation, and operation and maintenance of storm water management practices.

(Ord. 2013-05. Passed 3-18-13.)

958.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

   (a)   Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City Engineer shall prevail.

   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (c)   This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

   (d)   Failure of the City of Newton Falls, Ohio to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Newton Falls, Ohio, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 2013-05. Passed 3-8-13.)

958.05 DEVELOPMENT OF COMPREHENSIVE STORM WATER MANAGEMENT PLANS.

   (a)   This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity is proposed.

   (b)   The City of Newton Falls, Ohio shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City of Newton Falls, Ohio may consult with the Trumbull County SWCD, private engineers, storm water districts, or other technical experts in reviewing the Comprehensive Storm Water Management Plan.

(Ord. 2013-05. Passed 3-18-13.)