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§ 151.01 PURPOSE.
   The purpose of this chapter is to safeguard life, limb, property, and the public welfare, and the preservation of the natural environment and the stability of hillsides by regulating excavating and filling of land.
('69 Code, § 154.01) (Ord. C-474, passed 1-8-79)
§ 151.02 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ARCHITECT. An architect registered in the State of Ohio to practice in the field of architecture.
   BORROW. Earth material acquired from an off-site location for the use in grading on a site.
   BUILDING COMMISSIONER. The person employed by the village in the capacity of Building Commissioner or his authorized agents or employees, to perform specific duties in the review and enforcement of this chapter.
   EARTH MATERIAL. Any rock, fill, or natural soil and/or combination thereof.
   ENGINEERING GEOLOGIST. A full member in good standing of the Association of Engineering Geologists or the American Institute of Professional Geologists.
   EROSION. The wearing away of the land surface by the action of wind, water, gravity, or other natural process.
   EXCAVATION. Any artificial or mechanical act by which earth, sand, rock, or other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
   FILL. Any artificial or mechanical act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped or excavated surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
   NATURAL TERRAIN. Existing ground as shown on the most recent published editions of the City of Cincinnati and Hamilton County Metropolitan Topographic Survey sheets prior to the date of this chapter.
   REGISTERED PROFESSIONAL ENGINEER. A civil engineer registered in the State of Ohio to practice in the field of civil engineering.
   SEDIMENT. Solid material both mineral and organic, that is in suspension, is being transported or has been moved from its original site or origin by air, water, or gravity as a product of erosion.
   SITE. Any lot or parcel of land or contiguous combination thereof, upon which excavation or filling is, has been, or will be performed.
   SLOPE. An inclined ground surface, the inclination of which is expressed as the arc tangent of vertical distance y to horizontal distance x, where x and y are in the same linear units.
   SOIL SCIENTIST. A full member in good standing of the Soil Science Society of America and who has special knowledge and training in the physical, chemical, and biological sciences applicable to soil.
   SOIL ENGINEERING. The application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
   SOIL ENGINEER. A civil engineer experienced and knowledgeable in the practice of soil engineering.
   VILLAGE ENGINEER. The persons, firms, or corporations, or their authorized agents or employees, employed or designated by the village to perform engineering services for the village.
('69 Code, § 154.02)   (Ord. C-474, passed 1-8-79)
§ 151.03 ISSUANCE OF PERMITS AND EXEMPTIONS.
   (A)   No person, the owner of any property or in possession or control of any property, shall cause, permit or allow any excavation or filling to be done on such property unless a permit has been issued by the Building Commissioner for such excavating or filling except that no permit shall be required for:
      (1)   Normal cemetery operations of opening or closing graves;
      (2)   Public work performed by or under control of the Building Commissioner, except for excavating or filling performed outside the project work limits;
      (3)   Exploratory excavations under the direction of a registered professional engineer, soil engineer, engineering geologist, soil scientist, or architect where incidental to the practice of architecture and exploratory excavations by a contractor or builder provided they are not made in a slope steeper than one vertical to five horizontal and are promptly and properly filled.
      (4)   Temporary excavations for wells, tanks, vaults, tunnels, sign foundations, and trenches for sewers, water lines, gas lines, electric lines, and other underground utilities;
      (5)   Subject to the provisions of § 151.11, any excavation that does not exceed five feet in vertical depth at its deepest point or 100 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive;
      (6)   Subject to the provisions of § 151.11, any fill that does not exceed five feet in vertical depth at its deepest point or 100 cubic yards per each 5,000 square feet of site area, whichever is the most restrictive, and is placed on natural terrain with a slope flatter than one vertical to five horizontal and does not result in a finished slope steeper than one vertical to three horizontal;
      (7)   Subject to the provisions of § 151.11, any excavation for a basement and footings of a building authorized by a valid building permit, provided the excavation does not exceed eight feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is made in existing terrain with a slope flatter than one vertical to ten horizontal and the subsequent filling with this excavated material on the same site, provided the fill does not exceed five feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is placed on existing terrain with a slope flatter than one vertical to ten horizontal and does not result in a finished slope steeper than one vertical to three horizontal.
   (B)   Where a succession of small excavations or fills individually not requiring a permit constitutes a continuing operation on a property and the accumulation of such excavations or fills on that property will exceed five feet in depth or 100 cubic yards per each 5,000 square feet of site area, a permit shall be required.
   (C)   No excavating or filling pursuant to divisions (A) (1) through (A) (7) hereof shall cause any slope to become unstable, impose loads which may effect the safety of structures or slopes, interfere with adequate drainage for the site area and the drainage area of land tributary to the site, obstruct, damage, or adversely affect lawfully existing sewerage or drainage, public or private, cause a stagnant pond of water to form, or cause erosion or sedimentation.
   (D)   The exemptions contained in division (A) do not apply to any operations pursuant to § 151.04.
('69 Code, § 154.03) (Ord. C-474, passed 1-8-79) Penalty, see § 151.99
§ 151.04 CORRECTION OF HAZARDOUS CONDITIONS.
   Whenever the Building Commissioner, with the concurrence of the Village Engineer, determines that any existing excavation, fill, slope, or other condition has become a hazard, or endangers the public health and safety or any public or private property or adversely affects the safety, usability, or stability of any public way or drainage channel or has caused detrimental erosion or sedimentation, he shall order the owner or person in control of the property on which such condition exists to correct the condition. The owner or person in control of the property, upon receipt of the order of the Building Commissioner shall, within ten days, apply for and obtain a permit and promptly proceed to correct the condition creating such hazard in accordance with the provisions of this chapter.
('69 Code, § 154.04) (Ord. C-474, passed 1-8-79) Penalty, see § 151.99
§ 151.05 PLANS AND SPECIFICATIONS.
   (A)   The Building Commissioner shall issue a permit for excavating or filling only on the basis of plans and specifications submitted to and approved by him and approved by the Village Engineer. A separate permit shall be required for each site. Unless waived or modified pursuant to the provisions of § 151.07, the plans and specifications submitted with the permit application shall:
      (1)   Include the owner's name and address;
      (2)   Include a plot plan, drawn to scale, showing the location of the proposed work;
      (3)   Include a contour map of the affected area showing the existing and proposed contours at five foot intervals;
      (4)   Show the proposed amount of excavation or fill in cubic yards;
      (5)   Show the location of any existing and proposed streets;
      (6)   Show the location of any existing and proposed buildings or structures on the subject property and within 15 feet of subject property;
      (7)   Show the location of any existing watercourses, drainage, and sewer systems serving the property;
      (8)   Show existing and proposed drainage structures, walls, cribbing, and surface protection, and any necessary temporary earth restraining installations;
      (9)   Show a plan for temporary and permanent drainage of the soils from erosion;
      (10)   Describe the proposed method for the protection of the soils from erosion;
      (11)   Show how surplus excavated fill will be disposed of;
      (12)   Show additional information as may reasonably be required by the Building Commissioner.
   (B)   Unless waived pursuant to the provisions of § 151.07, the plans and specifications shall be prepared by a registered professional engineer or an architect where the work contemplated by the plans and specifications is incidental to the practice of architecture and shall in addition to the requirements of division (A) herein:
      (1)   Include a report showing the results of surface and subsurface exploration, conditions of the land, and procedures for performing the operation;
      (2)   Show plans of all drainage provisions which shall be of such design to adequately handle the surface runoff, together with a map showing the drainage area of all land tributary to the site, and estimated cubic foot per second runoff of the area served by any drain computed in accordance with current acceptable standards;
      (3)   Include a specification for the borrow material or fill material and the method to be used for and the degree of its proposed compaction;
      (4)   Show proposed preparation of existing ground surface to receive fill;
      (5)   Show proposed terraces and ditches where necessary to control surface drainage and debris;
      (6)   Show proposed subsurface drainage if necessary for stability;
      (7)   Show plans for all retaining walls, cribbing, vegetative provisions, erosions and sediment control measures, together with location of temporary or permanent fencing and other protective devices to be constructed in connection with, or as a part of the proposed plan.
      (8)   Show a timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence-stripping or clearing, rough grading and construction, final grading, and vegetative establishment and maintenance and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
   (C)   If the Building Commissioner and Village Engineer shall be satisfied that the proposed excavation or fill will not cause any of the hazards described in § 151.07(A) through (F) hereof, then in such event the Building Commissioner shall issue a permit authorizing the excavation or fill.
('69 Code, § 154.05) (Ord. C-474, passed 1-8-79)
§ 151.06 SUPERVISION BY REGISTERED PROFESSIONAL ENGINEER OR ARCHITECT.
   Unless waived pursuant to the provisions of § 151.07, excavation and fill in the field shall be supervised by a registered professional engineer or architect representing the owner or developer. The registered professional engineer or architect shall submit a summary report to the Building Commissioner upon the completion of operations. The Building Commissioner may require interim reports from the Engineer or Architect when the operations extend beyond a month. Cost of supervision is to be borne by the owner or developer.
('69 Code, § 154.06) (Ord. C-474, passed 1-8-79)
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