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ORDINANCE NO. 2022-19 <br />Page 6 <br />prevail. <br />B. If any clause, section, or provision of this regulation is declared invalid or <br />unconstitutional by a court of competent jurisdiction, the validity of the remainder <br />shall not be affected thereby. <br />C. This regulation shall not be construed as authorizing any person to maintain a private <br />or public nuisance on their property, and compliance with the provisions of this <br />regulation shall not be a defense in any action to abate such a nuisance. <br />D. Failure of the Village to observe or recognize hazardous or unsightly conditions or to <br />recommend corrective measures shall not relieve the site owner from the responsibility <br />for the condition or damage resulting therefrom, and shall not result in the Village, its <br />officers, employees, or agents being responsible for any condition or damage resulting <br />therefrom. <br />1129.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS <br />A. This regulation requires that a Storm Water Pollution Prevention Plan (SWP3)be <br />developed and implemented for all soil disturbing activities disturbing one (1) or more <br />acres of total land, or less than one (1) acre if part of a larger common plan of <br />development or sale disturbing one (1) or more acres of total land. The Village <br />Engineer may require a SWP3 for sites disturbing less than one (1) acre. <br />B. The following activities shall submit an Abbreviated SWP3: <br />(1) New single-family residential construction that disturbs 0.1 (one tenth) up to <br />one (1) acre of land. <br />(2) Additions or accessory buildings for single-family residential construction that <br />disturb 0.1 (one tenth) up to one (1) acre of land. <br />(3) All non-residential construction that disturbs 0.1 (one tenth) - up to one (1) acre <br />of land. <br />(4) General clearing activities not related to construction that disturb 0.1 (one <br />tenth) up to one (1) acre of land. <br />(5) Activities disturbing 0.1 (one tenth) or less of an acre are not required to <br />submit a SWP3, unless required by the Village Engineer. These activities must <br />comply with all other provisions of this regulation. <br />1129.06 APPLICATION PROCEDURES <br />A. SOIL DISTURBING ACTIVITIES SUBMITTING A STORMWATER POLLUTION <br />PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the SWP3 <br />and the applicable fees to the Village and if directed two (2) sets of the SWP3 and the <br />applicable fees to the Cuyahoga County SWCD as follows: <br />