In establishing the grade on a lot or parcel for the purpose of any construction thereon, the following conditions shall control.
(A) No person may alter, divert or block, hinder the water flow of, or cause to be altered, diverted, blocked or hindered the water flow of, any drain, drainage course, ditch, watercourse or body of water whether natural or artificial, public or private, which causes an increase in the runoff of water onto adjacent properties, except as may be regulated and conditioned under § 154.012.
(B) Where there is existing development in the area or where the adjacent lands are subdivided, the grades of the new development or construction shall be set to conform to the grades of existing development or subdivision.
(C) All new development shall be accomplished as to contain all runoff on the site or direct runoff to storm facilities without crossing abutting developed or platted lands.
(D) Except as provided by divisions (E) and (F) below, the finish grades of any site may be raised a maximum of 18 inches above the crown of an abutting public road if the increase in grade does not cause runoff onto abutting property.
(E) When a new building is constructed on a vacant parcel between two existing developed properties, the finish grades about the new development shall be set to conform to the average of the finish grades of the existing developed properties on both sides.
(F) In special cases where unusual topographic or natural features exist, or where existing soil conditions or other constraints requires the County Health Department to establish a finish grade in excess of the above requirements, it shall be the responsibility of the property owner to utilize whatever means are necessary to contain all storm water on the premises, or to direct the storm water to an outlet approved by the Zoning Administrator. The containment and/or disposal mechanisms may include, but are not limited to, the following: earth berms, containment and redirection of roof conductors through perimeter drains, retention ponds, swales, open drains, enclosed drains or artificial lift and discharge means. All costs associated with providing these required improvements are the responsibility of the landowner implementing the grade alteration. The proposed method of drainage is subject to the review and written approval of the Zoning Administrator specifying the specifics of his or her approval. The method of drainage selected shall not be less than that which is required to direct runoff away from adjacent properties, and which is necessary to protect the public health, safety and welfare of the township.
(G) Documentation required:
(1) Single-family dwellings, two-family dwellings and farm buildings. Owners of proposed single-family dwellings, two-family dwellings and farm buildings shall submit the documentation as the Zoning Administrator determines necessary to determine adequate compliance with divisions (A) through (F) above. The Zoning Administrator may waive provisions of this section where he or she determines them unnecessary.
(2) All other uses. For all uses, except single-family dwellings, two-family dwellings and farm buildings, where the grade on a site is in any way to be increased above existing grade, the owner of the property shall, upon application for a building permit, submit a certification signed and sealed by a registered land surveyor or a civil engineer licensed to practice in the state, stating the existing and proposed grades and that conditions set forth in divisions (A) through (F) above are met; and
(3) Certification. This certification shall be accompanied by a drawing, which contains at least the following information:
(a) A property line survey showing lot shape and dimension, drawn to a scale of at least one inch equals ten feet on lots 85 feet in width or less, and one inch equals 30 feet on lots greater than 85 feet;
(b) A topographic map shall be drawn (may be superimposed on the item in division (G)(3)(a) above) at a contour interval of not greater than one foot. Elevations of abutting properties and the crown of abutting road pavement shall be shown;
(c) Proposed changes in grade shall be shown through the use of proposed contour lines; and
(d) The first-floor elevation of the proposed construction shall be shown.
(H) The provisions of this chapter are in addition to, and not in lieu of, state common law, statutes and/or administrative regulations regarding the regulation of ground water runoff. The township does not regulate or enforce those other provisions of the state, nor does it insure, guarantee or otherwise prevent the diversion of ground or surface waters or the actions of third parties regarding the waters or actions.
(I) Fees for inspection of the new grade shall be paid at the time of application for a permit. Fees shall be established by a resolution of the Township Board and shall cover the cost of the inspection.
(Ord. passed 6-28-2006)