(a) No person shall, by excavating, filling or other means, change the grade of any lot or parcel of land in such manner as to:
(1) Create a nuisance upon such property by the obstruction of the natural drainage of water from such property;
(2) Adversely affect adjacent private or public property by the diversion of surface water onto adjacent property, by the increase in the rate of runoff of surface water onto such adjacent property or by the interference with, or obstruction of, natural drainage of water from such adjacent property;
(3) Interfere with or obstruct the public sanitary or storm sewer system, interfere with or obstruct a natural watercourse or adversely affect established wetlands;
(4) By reason of the type of fill material used, or the manner of filling, create a nuisance by permitting such material, or the polluting effluent therefrom, to flow, wash or drain onto adjacent private or public property, into a natural watercourse or into the public sanitary or storm sewer system.
(b) No person shall, except pursuant to a building permit for a new structure issued by the Department of Buildings, change, by more than one inch, the average elevation of any portion of a lot or parcel of land without a permit for a change of grade issued by the Department of Buildings. Such permit shall not be issued until an application by the owner of the property, accompanied by a site plan, drawing, sketch and such data as the Engineering Department may deem to be necessary, is submitted and approved by the City Engineer.
The City Engineer shall determine that such application complies with the purpose, intent and basic planning objectives of the district and the criteria, standards and regulations expressed in this chapter, and that such change of grade is designed and will be accomplished and maintained in such a manner as to avoid interfering with or impairing the use or enjoyment of neighboring premises.
(c) All grading activities, including excavating, filling, grading, the delivery and removal of materials used or resulting from any such excavation or filling, and the delivery and removal of equipment used in such activities, shall be so conducted that materials used in or resulting from such activities, or debris, will not be deposited onto any street or other public or private property (other than the lot or parcel of land whose grade is being so changed), or, if so deposited, will promptly (and not later than the day of such depositing) be removed therefrom.
(d) Any individual making application to change the grade of any parcel shall, in addition to obtaining the approval of the City Engineer, be charged at the rate set forth in Chapter 214 of these Codified Ordinances for the services of the City Engineer rendered in such case.
(e) As used in this section:
(1) "Natural watercourse" means a river, creek, brook or branch, and the flood plain thereof.
(2) "Lot" means any sublot in a recorded subdivision.
(3) "Parcel of land" means any parcel of land, other than a lot, identified as a separate parcel on the tax duplicate.
(Ord. 92-133. Passed 5-5-92.)