(A) Before land is cleared, graded or otherwise disturbed by the movement of earth for purposes including, but not limited to the construction of buildings, the mining of materials including sand and gravel, the development of golf courses, and the construction of roads and streets by any person, partnership, or corporation within the city, a permit describing the proposed earth movement shall be obtained where development comes under any one or more of the following conditions, unless such development is exempted therefrom by division (B) of this section:
(1) Excavation and embankment will exceed 100 cubic yards. The excavation volume shall not include that necessary for pavement, sidewalks, or buildings, but, if the material from these excavations is placed within the project area as embankment it shall be considered when calculating the embankment volume;
(2) Excavation or embankment will exceed 4 feet in vertical depth at its deepest point measured from the natural ground surface;
(3) Existing surface drainage is impaired or if the proposed work within the project area constitutes a potential erosion hazard or acts as a source of sediment deposit to any adjacent land or watercourse;
(4) Final slopes are steeper than 3:1;
(5) Embankment placed on a surface having a slope steeper than 5:1;
(6) Existing stormwater runoff is altered in any way that affects adjacent properties; and
(7) Grading is a maintenance measure, or for landscaping purposes on existing developed lots or parcels when such measure falls under one or more of the following conditions:
(a) The aggregate of areas affected, or stripped at any one time exceeds 5000 square feet;
(b) The grading involves a quantity of material in excess of 100 cubic yards;
(c) The elevation change exceeds 12 inches at any point or alters the drainae pattern;
(d) There is damaging or erosive drainage coming onto the project area; or
(e) All bare earth is not promptly seeded, sodded or otherwise effectively protected from erosion.
(B) A permit shall not be required for the following conditions:
(1) Excavations below finished grade for drain fields, tanks, vaults, tunnels, equipment, basements, swimming pools, cellars, or footings of buildings or structures for which a building permit shall have been issued by the city, unless the excavation is part of the work within a project area which requires such a permit;
(2) Excavation or removal of vegetation in public right-of-way or utility easements by public utility companies for the purpose of installing underground utilities - unless required by the City Engineer;
(3) Tilling of the soil for fire protection and agricultural purposes;
(4) The construction of sod waterways, terraces, grade stabilization structures, and surface water diversions which do not direct stormwater to adjacent property;
(5) When the City Engineer or Director rules that no permit is required;
(6) For the initial construction of one- or two-family residences in an existing subdivision, their accessory structures and related work with the provision that if at any time during the course of construction, it is evident that the construction or grading has caused the existing surface drainage in the general area to be impaired, created an erosion hazard or become a source of sediment to any adjacent land or watercourse, and inspection in accordance with § 51.20 (E) shall be made.
(7) Any construction work designed, bid and inspected by or under control of the city unless specifically required by the city.
(D) Special Planning Area (SPA). In areas under the jurisdiction of a SPA ordinance adopted in conformance with the provisions of the Zoning Code of the City of Forest Park, Ohio, for Special Planning Areas, the regulations of this section shall be superseded by any conflicting requirements of the specific SPA ordinance. When the SPA ordinance is silent on a specific point, the requirements of this section shall apply.
(Ord. 04-1990, passed 3-5-90) Penalty, see § 51.99