Loading...
(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.)
(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.)
(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.)
(a) Pre-Design Meeting: The applicant shall attend a Pre-Design Meeting with the City of Newton Falls, Ohio to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule.
(b) Preliminary Comprehensive Storm Water Management Plan: The applicant shall submit three (3) sets of a Preliminary Comprehensive Storm Water Management Plan (Preliminary Plan) and the applicable fees to The of City of Newton Falls, Ohio. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, storm water control facilities, and easements in sufficient detail and engineering analysis to allow the City Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed storm water management practices are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit three (3) sets of the Preliminary Plan and applicable fees as follows:
(1) For subdivisions: Two (2) sets to the City Engineers Office and one (1) set to the Building and Zoning Department in conjunction with the City Subdivision Regulations.
(2) For other construction projects: Two (2) sets to the City Engineers Office and (1) set to the Building and Zoning Department prior to the issuance of an occupancy permit.
(3) For general clearing projects: Two (2) sets to the City Engineers Office and one set to the Building and Zoning Department.
(c) Final Comprehensive Storm Water Management Plan: The applicant shall submit three (3) sets of a Final Comprehensive Storm Water Management Plan (Final Plan) and the applicable fees to The City of Newton Falls, Ohio in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. The Final Plan shall meet the requirements of Section 958.08 and shall be approved by the City Engineer prior to approval of the final plat and/or before issuance of a building permit by Building and Zoning Department.
(d) SWCD Approval: The site owner shall submit a letter or report from the Trumbull County SWCD that states that the Soil Erosion and Sediment Control, Storm Water Management and Riparian Setback and Wetland Setback Plans appear to meet Ohio EPA and local regulations. The applicant or his or her designated representative will pay any costs associated with obtaining the report(s) from the Trumbull County SWCD. It should be noted that only the Ohio EPA or the local communities can state that any plans or activities meet their regulations or rules.
(e) Review and Comment: The City Engineer shall review the Preliminary and Final Plans submitted, and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative letter stating specific problems and the procedures for filing a revised Preliminary or Final Plan.
(f) Approval Necessary: Land clearing and soil-disturbing activities shall not begin and zoning and/or building permits shall not be issued without an approved Comprehensive Storm Water Management Plan.
(g) Valid for Two Years: Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval.
(Ord. 2013-05. Passed 3-18-13.)
Loading...