The Council shall examine an application, together with the information and data furnished to it by the Building Inspector, and the information, data, and opinion furnished to it by the Village Engineer, and, in the case of a renewal application, council shall examine the application for renewal, together with the above-stated information and the opinion furnished by the Village Engineer, as well as all information and opinions from the Cuyahoga County Board of Health, and, upon being satisfied that such fill will not devaluate the properties in the neighborhood, that such fill will not cast water upon either adjacent lands or any other lands, or affect the natural drainage of water in the surrounding area thereof, the Council may, by ordinance, authorize the Building Inspector to issue a permit to fill in, in accordance with the provisions herein set forth and any special requirements deemed necessary arising from the topography of such land and such adjacent lands, such special requirements to be set out in said ordinance. Before passing such ordinance and to aid the Council in the performance of its duty, the Council shall require the applicant, at his or her expense, to secure a report from a soil conservation service agency as to the effect such fill will have on the surrounding land in the area. The agency may be either governmental or private. Council may approve a permit to be effective for thirty days from the date of the permit's issuance by the Building Inspector, but in no event to become effective more than ninety days from the date of Council approval. Such permit so issued by the Building Inspector shall contain a statement that the applicant will conduct such fill in accordance with the provisions of this chapter, and if any special requirements are set forth in the ordinance passed by Council, the same shall be copied on the permit, or a certified copy of the ordinance shall be attached to such permit and so noted on the permit itself. Said permit shall be posted on the owner's property in a conspicuous location during the effective period of the permit.
Where the land to be filled in is part of a subdivision plat filed for record, or the same abuts upon a duly dedicated street without a subdivision of the lands abutting thereon, the dedicated plat of which has been filed for record, and the developer of such subdivision or dedicator of such street has done mass grading of the lands in such subdivision or of the lands abutting such street in accordance with a grading plan submitted to Council with such subdivision plat or street dedication, the depth of such fill at any point shall not exceed one foot.
(Ord. 46-82. Passed 8-3-82.)