28-14 Amend Chp. 1339 Storm Water Mgmt

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the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply. 1339.03 DISCLAIMER OF LIABILITY. Neither submission of a plan under the provisions herein, nor compliance with the provisions of this chapter, shall relieve any person or entity from responsibil- ity for damage to any person or property that is otherwise imposed by law. 1339.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSI- BILITY. (a) Where this chapter imposes a greater restriction upon land than is imposed or required by other City provisions of law, ordnance, contract or deed, the provisions of this chapter shall prevail. (b) If a court of competent jurisdiction declares any clause, section, or provi- sion of this chapter invalid or unconstitutional, the validity of the remainder shall not be affected thereby. (c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance. (d) Failure of the City to observe or recognize hazardous or unsightly condi- tions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. 1339.05 CONSULTATIONS. In implementing this chapter the city engineer or other City officials may con- sult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations may be as- sessedto the applicant. 1339.06 COMPLIANCE WITH OTHER RULES AND REGULATIONS. (a) Ohio Dam Safety Laws: The provisions of the Ohio dam safety laws shall be followed. Proof of compliance with the Ohio dam safety law adminis- tered by the ODNR Division of Water shall be, but is not limited to, a copy of the ODNR Division of Water permit number or a copy of the project ap- proval letter from the ODNR Division of Water or a letter from the site owner explaining why the Ohio dam safety law is not applicable. The writ- ten proof will be provided to the city engineer before a construction permit will be issued. (b) NPDES Permits: The provisions of the National Pollutant Discharge Elimi- nation System ( NPDES) permits for construction activity, by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES permit number or a letter from the site owner ex- 31