(a) The City Engineer is hereby authorized and directed to establish grades as the finished grade of properties (as defined in Section 1260.05(24) of the Planning and Zoning Code) by review and approval of grade plans prepared and submitted by the applicant upon application for permits for new construction of structures and their adjoining open land uses which includes surfaced parking lots. Charges for the establishment of such grades shall be in accordance with Section 1442.08.
(b) In the establishment of grades, the City Engineer shall consider the natural topography of the property upon which construction is intended, the finished grades of adjoining premises, the location of public utilities and the contemplated uses as suggested by the use zoning of undeveloped adjoining properties. He or she shall establish the grade of the premises by correlating the foregoing criteria. Any dissatisfaction with the grade finally established by the City Engineer shall be appealable to the City Planning Commission upon written notice of appeal within ten days of the order of the City Engineer establishing the grade. The Commission shall consider the criteria required to be observed by the City Engineer as herein set forth, accord a hearing to all interested parties, including adjoining land owners, and may affirm or modify the City Engineer's determination. The notice of appeal shall be filed with the Director of Service.
(c) No person, firm, partnership, corporation or voluntary association of persons shall commence the construction of a structure without first having obtained the grade therefor in accordance with this section, or construct a structure at a grade other than that prescribed by the City Engineer, or perform substantial grading incidental to an open land use of the premises, including the establishment of a parking lot or similar open land use.
(d) Upon approval, a copy of the grading plan or plans shall be kept on file in the office of the Director of Service as a permanent record.
(Ord. 1968-270. Passed 11-6-68.)