(a) The filling and/or grading of land within the City of St. Clairsville must be done in accordance with the requirements of Section 1147.17. Filling/grading is prohibited until a fill/grading permit has been issued by the Planning and Zoning Administrator. In addition, no person shall do anything, or permit or cause the doing of anything that results in the alteration, modification, fouling or blockage of any swale, ditch, drainage course, or part thereof, on any land.
(b) Permit Requirements. Applications for a fill/grading permit may be obtained from the Planning and Zoning Administrator. Where a permit has been issued, no person shall alter the grade of the land, or cause or permit the grade to be altered, or place or dump fill, or cause or permit fill to be placed or dumped, except in accordance with the plans, documents and any other information on the basis of which the permit was issued. Every application must be accompanied by three copies of plans and specifications showing:
(1) The proposed alteration of the grade of the land or the proposed placing or dumping of fill on the land.
(2) The dimensions of the property upon which the work is to be performed.
(3) The centerline and elevations of the surrounding streets.
(4) The existing and proposed elevations of the land upon which the work is to be performed.
(5) The existing elevations in the form of contours at two (2) foot intervals, with spot elevations along the property lines and five (5) feet beyond the property line at sufficient intervals to clearly show the existing drainage patterns of the land on which the work is to be performed and of the abutting land.
(6) The location of any existing building or structure on the land upon which the work is to be performed.
(7) All storm sewers, ditches, swales and drainage patterns on the land on which the work is to be performed and on abutting land and on surrounding highways,
(8) All natural features on the land on which the work is to be performed, including but not restricted to: ponds, marshes, wetlands, watercourses, woodlots, eskers and mounds.
(9) The location of all driveways on the land on which the work is to be performed and the driveways on abutting lands.
(10) The location of all easements and rights-of-way over, under, across or through the land on which the work is to be performed,
(11) Proposed final elevations and drainage system to be used on the land where the work is to be performed upon the completion of the work.
(12) The distribution of the fill on the land, and a description of the fill to be used.
(13) The design details and construction materials of any retaining wall to be constructed on the land on which the work is to be performed.
(c) Prior to the issuance of a permit, the Planning and Zoning Administrator may require the owner of the land which is the subject of the permit to:
(1) Construct a retaining wall including a safety fence which does not encroach upon land abutting the land on which the work is to be performed, either above or below existing grade.
(2) Provide protection for the finished grade.
(3) Provide that fill shall not be placed around the perimeter of any existing building to an elevation higher than .5 feet below the ground floor level of such building, unless such building and its foundation walls are raised in accordance with accepted engineering and construction practice,
(4) Ensure that no trench in which drainage piping is laid is covered and backfilled until the work has been inspected and approved by the Director of Public Service,
(5) Provide protection for trees,
(6) Provide siltation and erosion control measures
(7) Remove the topsoil prior to the performance of the work in the alteration of the grade or the placing or dumping of fill.
(8) Provide adequate drainage from the land on which the work is to be performed in accordance with the accepted engineering principles,
(9) Take measures which would prevent ponding.
(d) The owner of the land on which the work is to be performed, or his/her authorized agent shall request the Planning and Zoning Administrator to inspect the work in the alteration of the grade of the land and the placing or dumping of fill on the land at the commencement and conclusion of the work and of the various stages of the performance of the work, as required by the director.
(e) The Planning and Zoning Administrator may revoke a permit where the alteration of the grade of the land or the placing or dumping of fill is contrary to the provisions of this by- law, the conditions upon which the permit was issued, or any other applicable law.
(f) The Planning and Zoning Administrator may require any person who has altered the grade of the land, or who has caused or permitted the grade to be altered contrary to the provisions of this ordinance, or who has placed or dumped fill, or who has caused or permitted fill to be placed or dumped contrary to the provisions of this ordinance to cease all work in respect of the alteration of the grade or of the dumping or placing of fill, to remove the fill, to fill in any excavations or ponds, and to do all work necessary to eliminate any hazard resulting from the alteration of the grade or the dumping or placing of fill and to restore the land to a condition of safety, to preserve the land pending any hearing of an appeal in respect of an application, to restore the land to its former condition prior to the alteration of the grade of the land or to the placing or dumping of the fill on the land, and to rehabilitate the land to a condition similar to its former condition prior to the alteration of the land or to the placing or dumping of the fill on the land.