CHAPTER 1333
Filling, Grading, Excavating
1333.01    Definitions.
1333.02    Regulations.
1333.03    Permit required.
1333.04    Permit exceptions.
1333.05    Prohibited excavation, grading or filling.
1333.06   Application procedure.
1333.07    Standards.
1333.08    Operations.
1333.09    Finished grading on fill, operations and/or reestablishment of site on excavation and removal operations.
1333.96    Appeal to Board of Zoning and Building Appeals.
1333.97    Noncompliance with notice.
1333.98    Penalty.
1333.99    Interpretation of chapter.
CROSS REFERENCES
   Openings by the municipality - see Ohio R.C. 723.02
   Liability for damage - see Ohio R.C. 723.49
   Changing established grade - see Ohio R.C. 727.07
   Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
   1333.01 DEFINITIONS.
   For the purpose of this chapter, the following terms shall have the meanings provided in this section:
   (a)    “Excavation” includes removal, trenching, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substance from the ground.
   (b)    “Filling” includes the placing of any soil, earth, sand, rock, gravel or other similar substance on the ground.
     (c)    “Grading” includes any operation involving either excavation and/or filling.
   (d)    “Ground” includes, but shall not be limited to, land below the banks and the banks and beds of any river.
      (Ord. 1999-02. Passed 1-11-99.)
   1333.02 REGULATIONS.
   (a)    No excavation, grading or filling shall be commenced in the City, except as hereinafter provided, and then only in full compliance with the requirements, standards and conditions herein.
   (b)    The provisions of this chapter shall not be construed as permitting the applicant to carry on any commercial operation or business, or use any premises or buildings or structures thereon for any purpose not permitted by other provisions of this chapter or the Zoning Ordinance.
   For the purpose of this section, an excavation shall not be considered a commercial operation of a use permitted in the applicable zoning district.
   (c)    The provisions of this chapter shall apply to all excavations, grading or filling operations which are being worked at the time of this chapter goes into effect, except that any existing operation shall be completed within one year from the effective date of this chapter, provided that written notice of intention to continue such operation for such time is filed with the Building Director within thirty (30)days after the effective date of this chapter. No existing operation shall be extended in area or any new operation commenced after such date without first securing a permit thereof as hereinafter provided, and such operation shall be subject to all of the provisions of this chapter.
(Ord. 1999-02. Passed 1-11-99.)
   (d)   Where a site is subject to Site Plan Review under Codified Ordinance Section 1152.02, no excavation, grading, or filling shall be commenced, and no permit under this Chapter 1333 shall be issued, until the Site Plan for such site has been approved by the Planning and Zoning Commission.
(Ord. 2005-173. Passed 12-27-05.)
   1333.03 PERMIT REQUIRED.
   Except as provided in Section 1333.04, a permit shall be required for every excavation, grading, or filling as defined in Section 1333.01. Upon issuance of this permit by the Director of Building, notification shall immediately be given to the Fire Department, the City Engineer and the Service Director.
(Ord. 1999-02. Passed 1-11-99.)
   1333.04 PERMIT EXCEPTIONS.
   No permit shall be required for the following classes of excavation, grading or filling operations.
   (a)    Building Permit. Under provisions of a duly issued building permit.
   (b)    Excavation for Streets and Drains.  Necessary grading, removal or excavation of topsoil, or other materials shall be permitted within the limits of the right of way or slope rights of any existing street, or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with subdivision plans approved by the Planning and Zoning Commission, which subdivision plans shall establish the elevations and grades of such streets and/or the location of such improvements, and for which a “street construction permit” or a “drain connection permit” has been issued.
   (c)    Other Construction Work. Construction work relating to drains, utilities or sanitary sewerage systems for which a street opening and/or other necessary permit has been issued by the Director of Building, who shall immediately notify the Building Department and the Fire Department of such permit.
   (d)    Farming. The provisions of this section shall not be construed as prohibiting or limiting the lawful use of land for farming or gardening, or similar agricultural use in any zoning district where and as permitted by the Zoning Ordinance.
   (e)    Other Exceptions. The following exceptions are exempt provided they do not alter existing drainage patterns:
      (1)   Lawn Installations
       (2)   Raised flower beds.
      (3)   Landscaping, including mounds.
      (4)   Other items as determined by the Building Director.
         (Ord. 1999-02. Passed 1-11-99.)
   1333.05 PROHIBITED EXCAVATION, GRADING AND FILLING.
   No excavation, grading or filling shall be permitted which may interfere with the natural drainage of the real property surrounding the site. All existing watercourses shall be preserved except that such watercourses may be relocated or piped, provided that there will not thereby be created any interference with the riparian and drainage rights or easements of other property owners, and provided further that no drainage shall be made onto public land or connected with public facilities without the express approval of the Director of Building, except with respect to land controlled by the Board of Education, in which event such approval shall be obtained from the Board of Education.
(Ord. 1999-02. Passed 1-11-99.)
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