(a) The owner or possessor 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 upon which the lot or land abuts without incurring liability, provided he gives the adjoining owner or owners thirty days notice in writing of the proposed grading or improvement. When any lot or land is so graded or improved the owner of any adjoining lot or land shall, at his or their own expense build such retaining walls or foundations as may be required to safely protect his or their land and the structures erected thereon.
(b) The owner or possessor of any lot or land who fills a lot so that the surface of its shall be above the established grade of the street upon which the lot or land abuts and above the existing surface of any adjoining lot or land shall, at shall at his own expense, build such retaining walls as may be required to properly protect all adjoining property from damage on account of the fill.
(c) The owner or possessor of any lot or land, who grades the lot or land, except as provided for in subsections (a) and (b) hereof, so that the level of the lot or land is below the established grade of the street or streets, on which the lot or land abuts, shall at his own expense, build such retaining walls as may be required to protect the adjoining property from damage because of such grading below the established grade or grades, and he shall give the owner or owners of the adjoining lots or land which may be affected thirty days written notice before beginning the grading.
(d) Mortar in new walls must be thoroughly set or the walls shall be adequately braced or loaded before backfilling is commenced. Grading and backfilling shall be done in a manner which will not cause injury to foundation walls.
(e) The owner or possessor of any lot or land may grade or improve the surface of the lot or land, or excavate thereon, only if he provides a system for drainage of surface and subsurface waters which shall handle such water flowing into and from such lands in a manner which preserves the essential characteristics of adjoining lands, and those lands which receive water run-off from the lot to the grade by providing for the prevention of downstream flooding, erosion and pollution.
(f) No person shall proceed with the grading, excavating or filling of any property within the Village of Silver Lake unless, and until such person has secured a grading permit from the Village by submitting a grading and excavating plan to the Village Engineer. Approval of such plan shall be performed by the same process required for the approval of a building permit as set forth in this Code, and the enforcement of this regulation shall be done in the same manner as is done for a building permit. The grading plan shall include, at a minimum the following, and such other requirements as are deemed necessary by the Village Engineer to achieve the purposes of this regulation and other requirements of the Code:
(1) The location of the proposed work in relation to the improved and unimproved areas adjacent thereto.
(2) The location and extent of the grading, excavating or filling, with an approximate estimate of the quantities of the item involved and the nature of the final surfacing.
(3) Profiles or cross sections showing the elevation of the original or existing ground surface, together with the elevations of the proposed finished ground lines and the slope lines of all fills and cuts.
(4) Provision for bonding fills to existing ground surfaces and method of consolidation and compaction of fills.
(5) Provision for the drainage of existing and new ground surfaces and surface drainage for the protection of cuts and fills and nearby lands and waters.
(6) Provision for the drainage of subsurface water where subsurface water is known or believed to exist.
(7) Where retaining walls or other structures are to be used to assist in the support of cuts and fills, a design of such walls or structures shall be included in the plans.
(8) Where underground drainage structures are to be used, drawings showing locations, sizes and profiles shall be submitted with drainage and runoff studies for analysis by the City Engineer. Such drawings shall indicate connections with existing City drainage structures, and calculations shall indicate that existing drainage structures shall not be overloaded.
(9) Where underground drainage structures are not to be used, but runoff is to be collected in existing or proposed surface structures or drainage ditches, calculations shall be submitted and shall indicate that existing or proposed drainage structures and drainage ditches shall not be overloaded.
(g) The above provisions are intended to supplement, not replace, any similar requirements in the Village Subdivision Code or Zoning Code.
(Ord. 24-1993. Passed 4-19-93.)