1341.01 Grading and excavating.
1341.02 Finished grade; yard and roof drainage.
1341.03 Retaining walls.
1341.04 Plans and maps required for improvements; erosion control.
1341.99 Penalty.
CROSS REFERENCES
Changing established grade - see Ohio R.C. 727.07
Digging; excavating; earth on streets - see Ohio R.C. 5589.10
Flooding on building site - see BLDG. 1311.08
(a) Grading and Filling. The owner of any lot or land may grade or improve the surface of the lot or land to correspond with the established grade of the street, by filling the lot so the surface is above the established grade of the street or alley upon which the lot or land abuts or by grading the lot or land so the surface is below the established grade of the street or alley upon which a lot or land abuts provided approval is granted by the City Engineer. When the lot or land is so graded or improved, the owner shall, at his own expense, build retaining walls, foundations or swales as may be required by the City Engineer to safely protect his land, and any adjoining lots or structures erected thereon. Retaining walls shall comply with the requirements of Section 1341.03
and 1341.01
(b)(3).
(b) Excavations.
(1) The owner of any lot or land performing any excavation shall, at his own expense, properly guard and protect the same to prevent the excavation from being or becoming dangerous to life, limb or property. Excavations shall conform to all applicable requirements of OSHA Codes for excavations.
(2) Any person making an excavation below the established grade shall take measures to prevent the adjoining soil from falling in.
(3) When a permanent excavation is made on any lot, the person or persons making the excavation shall build a retaining wall to give lateral support to the earth. The retaining wall shall be carried to the height of the established grade and be properly protected by a coping and a guardrail. Guardrails are not required when the height difference between corresponding grades is less than 30 inches. Guardrails shall be a minimum of 42 inches high with intermediate rails spaced so as not to allow the passage of a four inch sphere. Guardrails shall be designed and constructed for a concentrated load of 200 pounds applied at any point and in any direction along the top railing member.
(c) Right of Entry for Adjoining Owners.
(1) If anyone performing work required under this section is refused the right to enter upon the land where an excavation is being made, as far as may be required to perform the work, the person making the excavation shall build foundations as required to make the wall or structure as safe as before such excavation was commenced.
(2) If permission to enter the adjoining building or upon the adjoining land, to perform work required under this section is not accorded the person making the excavation, the owner refusing to grant permission shall make the adjoining or contiguous wall or structure safe, support it without delay by proper foundations, or take other required precautions so the excavation may be made. When necessary for that purpose, the adjoining owner shall be permitted to enter upon the premises where the excavation is being made.
(3) In the conditions stated in subsections (a) or (b) hereof, the person accorded the right of entry shall perform the necessary work as promptly as possible with the least reasonable inconvenience to the grantor of the right.
(d) Emergency Precautions. If the person, whose duty it is to preserve or protect any wall or structure from injury, fails to do so after receiving notice, the Chief Building Official may enter the premises and employ labor, furnish material and take steps as, in his judgment, are necessary to make the premises safe, or to prevent the premises from becoming unsafe or dangerous, at the expense of the person whose duty it is to keep the same safe.
The party doing the work, or any part thereof, under direction of the Chief Building Official, may bring and maintain an action against the person whose duty it is to perform such work, to recover the value of the work done and the materials furnished in and about the premises in the same manner as if employed to do the work by the responsible person.
(e) Compliance Required. All grading, excavating or filling operations shall comply with applicable rules and regulations of other departments and agencies, and with other ordinances or laws pertaining thereto. (Ord. 142-96. Passed 9-23-96.)
(a) Grades with Footer Drains. The finished grade adjacent to all houses or struc tures with footer drains shall not be less than a six-inch fall in the first ten feet horizontally. Where the horizontal distance is restricted to less than ten feet by property lines, the minimum fall shall be six inches.
(b) Grades without Footer Drains. The finished grade adjacent to all houses or structures without footer drains shall not be less than a six-inch fall in the first ten feet horizontally. Where the horizontal distance is restricted to less than ten feet by property lines, the minimum fall shall be three inches.
(c) Yard Drainage. Positive yard drainage shall be provided for each lot by means of ditches, swales or tile to natural watercourses or to public storm sewers. Where a lot is graded to a higher or lower level than the natural ground grade on an adjacent property, the owner of the lot shall provide suitable slopes, retaining walls or other protection on his property to preserve the natural slope or surface elevation of the adjacent property. Maximum slope shall be not greater than fourteen percent, unless approval is obtained from the City Engineer.
(d) Roof and Footer Drains. Roof drainage shall be handled by suitable collectors and downspouts, which must discharge into storm sewers when available. If storm sewers are not available, downspouts must discharge on suitable splash blocks to conduct water three feet from the foundation, provided the yard slope does not exceed one and one-half percent grade. If the slope of the yard exceeds one and one-half percent grade, and suitable storm sewers are not available, roof drainage shall be tiled from the downspouts to a curb opening at the street or shall be tiled to a natural watercourse. No concentration of water shall flow onto the adjoining property. Where drainage is to the front of lots, the top of the basement wall shall be not less than twenty inches above sidewalk grade.
(e) Splash Blocks. If splash blocks are used, the water shall be directed from the downspouts by means of an elbow to the splash block.
(f) Storm Drain Tile. If storm drain tile is used, the metal downspout shall discharge into sewer pipe not less than four inches in diameter, from a point not less than six inches above finish grade to an elbow below finish grade, and discharge into the storm sewer connection. The sewer pipe and elbow shall be of cast iron, vitrified clay or other approved material, and all joints shall be sealed. The elbow shall be securely blocked up with masonry or braced to the wall with non-corrosive hangars, to prevent settlement.
(g) Discharge to Sanitary Sewer. No water from downspouts, areaways, cisterns or the ground surface shall be permitted to enter the sanitary sewer system. The elevation of basement and garage floors shall be designed so storm water cannot enter the sanitary sewer system. (Ord. 142-96. Passed 9-23-96.)
(a) Plans and Permits. Plans and permits are required for retaining walls over three feet in height. Plans shall be submitted to the City Engineer and the Chief Building Official for approval.
(b) Materials. Walls built to permanently retain or support adjoining earth or rock shall be constructed of approved masonry, plain or reinforced concrete. Corbeled retaining walls constructed of dry, solid concrete, stone or other material, may be permitted if approved by the Chief Building Official.
(c) Soil Pressure. The pressure on the soil under such retaining walls shall not exceed the safe bearing capacities allowed by this Building Code. 2000 PSF will be assumed. Verification will be required at the discretion of the City Engineer or the Chief Building Official.
(d) Coping. Retaining walls shall be properly protected by a durable coping unless such walls are constructed of concrete.
(e) Guardrails. Guardrails are required when the height difference between corresponding grades is thirty inches or more. Guardrails shall comply with the requirements of Section 1341.01
(b)(3).
(Ord. 142-96. Passed 9-23-96.)
(a) Every person, firm or corporation who proposes to improve land by the construction, installation or maintenance of sanitary and/or storm sewerage; or change the contours of land by grading or excavating in excess of 2500 square feet and less than 20,000 square feet; or remove or destroy the natural topsoil in excess of 2500 square feet and less than 20 000 square feet; (hereinafter these described purposes shall be referred to as "improvements"), shall submit to the City Engineer preliminary plans, including maps generally describing the proposed improvements. After review and upon finding that erosion and sediment control measures are not necessary, and that said changes to the contours of the land will not adversely affect adjacent properties, the City Engineer shall authorize the issuance of necessary permits. In the event that the City Engineer finds that the proposed improvements may result in erosion and/or siltation of adjoining property or property in the immediate area, the City Engineer shall, within ten days of receipt of such plans and maps, inform such person, firm or corporation, of his findings, and that such person, firm or corporation shall submit to the City Engineer additional information in the form of five copies of plans, as prepared by such applicant, consisting of maps and a description of the premises, setting forth the proposed improvements, together with the report of the Medina County Soil and Water Conservation District, hereinafter referred to as the Conservation District, providing for erosion and sediment control measures.
(b) Every person, firm or corporation who proposes to improve land by the construction, installation or maintenance of sanitary and/or storm sewerage; or change the contours of land by grading or excavating in excess of 20,000 square feet; or remove or destroy the natural topsoil in excess of 20,000 square feet; (hereinafter these described purposes shall be referred to as "improvements"), shall file a sediment control plan, and comply with all stormwater management, retention/detention, and erosion control requirements as outlined in the Stormwater Management and Sediment Control Manual published by the Medina County Engineer. The sediment control plan must include submittal of all calculations as outlined in said Manual.
(c) Where applicable, the plans required under subsection (b) hereof, shall include but not be restricted to the following matters:
(1) The areas of such described premises that may be exposed at any one time;
(2) The type of temporary vegetation and/or mulching that should be used to protect exposed areas of such described premises during the construction of any type of improvements thereon; or changes being made in the contours thereof; or in removal or destruction of topsoil;
(3) The locations, construction and maintenance of sediment basins, or other control measures that should be constructed and maintained on such described premises.
(4) The type of permanent and final vegetation or other ground cover, and structures that should be planted and installed on the described premises and the time within which such vegetation and structures are to be planted and installed;
(5) Description of the type of the soil comprising the described premises and the physical properties thereof.
(d) The plans submitted to the City Engineer pursuant to subsection (c) hereof, shall incorporate the appropriate recommendations of the Conservation District. However, if any of the recommendations of the Conservation District are not incorporated into the submitted plans, the person, firm or corporation shall set forth the reason for not incorporating any of the recommendations of the Conservation District.
(e) Upon the date such plan has been submitted to the City Engineer, he shall act within ten days from the receipt of such plan. The approval by the City Engineer of such plan shall be contingent on the posting of a performance bond for the work proposed, in an amount determined by him and the form approved by the Law Director.
(f) Upon approval by the City Engineer of such plan as submitted, or amended, the Building Department may issue the necessary permits. Immediately thereafter the Building Department shall file one copy of such plan as approved by the City Engineer with the Conservation District. The City Engineer shall be responsible for the administration of the approved plan. If he finds that any of the provisions of the approved plan are not being complied with or performed, approval shall be revoked, until such time as he is assured that the necessary steps have been taken to comply with each of the provisions of such plan.
(g) The current Stormwater Management and Sediment Control Manual, as published by the Medina County Engineer, a copy of which is on file with the City Engineer, is hereby adopted as the minimum requirements and standards to be used in the administration and enforcement of this section.
(Ord. 142-96. Passed 9-23-96.)
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