28-14 Amend Chp. 1339 Storm Water Mgmt

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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. (rrr) WETLAND SETBACK means those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed. (sss) WINTER means the period of time between October 1 of any given year and April 1 of the following year. 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 of Lakewood provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail. (b) If a court of competent jurisdiction declares any clause, section, or provision 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 of Lakewood to observe or recognize hazardous or un- sightly conditions 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 of Lakewood, its officers, employees, or agents being responsible for any condition or damage resulting there from. 1339.05 CONSULTATIONS. In implementing this chapter the City Engineer or other City of Lakewood offi- cials may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consulta- tions may be assessed to the applicant. 1339.06 ISSUANCE OF BUILDING PERMITS. (a) No person shall begin soil disturbing activity unless all necessary local, county, state and federal permits have been granted to the owner or operator, in- cluding permits for construction that falls within the scope of this chapter. (b) Two building permits will be issued for all construction that falls within the scope of this chapter: