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(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.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City of Newton Falls, Ohio instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Newton Falls, Ohio
(Ord. 2013-05. Passed 3-18-13.)