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frequency and duration sufficient to support, and that under normal circumstances do <br />support, a prevalence of vegetation typically adapted for life in saturated soil conditions, <br />including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended). <br />928.03 DISCLAIMER OF LIABILITY <br />A. Compliance with the provisions of this regulation shall not relieve any person from <br />responsibility for damage to any person otherwise imposed by law. The provisions of this <br />regulation are promulgated to promote the health, safety, and welfare of the public and <br />are not designed for the benefit of any individual or any particular parcel of property. <br />B. By approving a Comprehensive Stormwater Management Plan under this regulation, the <br />City of North Olmsted does not accept responsibility for the design, installation and <br />operation and maintenance of SCMs. <br />928.04 CONFLICTS, SEVERABILITY, NUISANCES & RESPONSIBILITY <br />A. Where this regulation is in conflict with other provisions of law or ordinance or <br />requirements in the Construction General Permit, the most restrictive provisions, as <br />determined by the City Engineer, shall 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 shall <br />not be affected thereby. <br />C. This regulation shall not be construed as authorizing any person to maintain a nuisance <br />on their property, and compliance with the provisions of this regulation shall not be a <br />defense in any action to abate such a nuisance. <br />D. Failure of the City of North Olmsted to observe or recognize hazardous or unsightly <br />conditions or to recommend corrective measures shall not relieve the site owner from the <br />responsibility for the condition or damage resulting therefrom, and shall not result in the <br />City of North Olmsted, its officers, employees or agents being responsible for any <br />condition or damage resulting therefrom. <br />928.05 DEVELOPMENT OF COMPREHENSIVE STORMWATER MANAGEMENT <br />PLANS <br />A. This regulation requires that a Comprehensive Stormwater Management Plan 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, and on which any <br />regulated activity of Section 928.01 (C) is proposed. A Comprehensive Stormwater <br />Management Plan must be developed and implemented for all commercial and industrial <br />site development disturbing more than two-tenths (0.2) of an acre. The City Engineer <br />may require a Comprehensive Stormwater Management Plan for any soil disturbing <br />