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(a) When the City of Newton Falls, Ohio determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of storm water quantity. Such alternatives shall meet the following standards:
(1) Shall achieve the same level of storm water quantity and quality control that would be achieved by the on-site controls required under this regulation.
(2) Implemented in the same Hydrologic Unit Code (HUC) 14 watershed unit as the proposed development project.
(3) The mitigation ratio of the water quality volume is 1.5 to 1 or the water quality volume at the point of retrofit, whichever is greater.
(4) An inspection and maintenance agreement as described in Section 958.08(d)(10) is established to ensure operations and treatment in perpetuity.
(5) Obtain prior written approval from Ohio EPA.
(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the City Engineer:
(1) Fees, in an amount specified by the City of Newton Falls, Ohio to be applied to community-wide storm water management practices.
(2) Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.
(3) Stream, floodplain, or wetland restoration.
(4) Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes.
(Ord. 2013-05. Passed 3-18-13.)
Access to storm water management practices as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:
(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Storm Water Management Plan.
(b) Easements shall be approved by the City of Newton Falls, Ohio prior to approval of a final plat and shall be recorded with the Trumbull County Auditor and on all property deeds.
(c) Unless otherwise required by the City of Newton Falls Engineer access easements between a public right-of-way and all storm water management practices shall be no less than 20-feet wide. The easement shall also incorporate the entire practice plus an additional 20-foot wide band around the perimeter of the storm water management practice.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.
(e) Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City of Newton Falls, Ohio. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Newton Falls, Ohio at the property owners' expense.
(Ord. 2013-05. Passed 3-18-13.)
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the City of Newton Falls Engineer:
(a) Final stabilization must be achieved and all permanent storm water management practices must be installed and made functional, as determined by the City of Newton Falls Engineer and per the approved Comprehensive Storm Water Management Plan.
(b) An As-Built Certification, including a Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the storm water management practices, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the City of Newton Falls Engineer. In evaluating this certification, the City of Newton Falls Engineer may require the submission of a new set of storm water practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement. The approved As-Built Certification must be on file with the City Engineer and Building Inspector prior to the issuance of a Occupancy Permit.
(c) A copy of the complete and recorded Inspection and Maintenance Agreement as specified in Section 958.08 must be provided to the City of Newton Falls Engineer.
(Ord. 2013-05. Passed 3-18-13.)
The City of Newton Falls, Ohio shall inspect storm water management practices periodically. Upon finding a malfunction or other need for maintenance, the City of Newton Falls, Ohio shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have five (5) working days, or other mutually agreed upon time, to makes repairs or submits a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City of Newton Falls, Ohio for these repairs not be in place, the City of Newton Falls, Ohio may undertake the necessary repairs and assess the responsible party.
(Ord. 2013-05. Passed 3-18-13.)
The Comprehensive Storm Water Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Newton Falls, Ohio before the review process begins. Please see City of Newton Falls fee schedule for providing these services. (Ord. 2013-05. Passed 3-18-13.)
(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a $5,000 bond has been submitted with the City of Newton Falls Engineering Department. This bond shall be posted for the City of Newton Falls, Ohio to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less The City of Newton Falls, Ohio administrative fees as detailed in Chapter 958 of the City of Newton Falls, Ohio Codified Ordinances, when the following three criteria are met:
(1) After 80% of the lots of the project have been complete or 100% of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.
(2) An As Built Inspection of all water quality practices is conducted by the City of Newton Falls Engineer or Trumbull County Soil and Water Conservation District
(3) An Inspection and Maintenance Agreement signed by the developer, the contractor, the City of Newton Falls, Ohio and the private owner or homeowners association who will take long term responsibility for these BMPs, is accepted by the City Engineer.
(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City of Newton Falls, Ohio may use the bond monies to fix any outstanding issues with all storm water management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long term maintenance of the project.
(Ord. 2013-05. Passed 3-18-13.)
The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City of Newton Falls Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City of Newton Falls Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within 2 days.
(Ord. 2013-05. Passed 3-18-13.)
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(Ord. 2013-05. Passed 3-18-13.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Newton Falls, Ohio in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with appropriate Ohio Revised Code sections. Written notice of appeal shall be served on the City of Newton Falls, Ohio.
(Ord. 2013-05. Passed 3-18-13.)
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