Section
152.01 Definitions
152.02 Purpose
152.03 Prohibitions; exceptions
152.04 Plan required; exceptions
152.05 Plan approval
152.06 Contents of approved plan
152.07 Recommended measures to minimize erosion and sedimentation
152.08 Grading and drainage requirements
152.09 Authority of Building Official
152.10 Fees
152.11 Disclaimer
152.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUT. An excavation. The difference between a point on the original ground and a designated point on the lower elevation on the final grade; also the material removed in excavation.
EROSION. The wearing away of the land surface by the action of wind, water or gravity.
EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. It shall also mean the material used to make a fill.
GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.
MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
NATURAL VEGETATION. The ground cover in its original state before any grading, excavation, or filling.
PERMANENT VEGETATION. Producing long-term vegetative cover, such as bluegrass, tall festure, crown vetch, and the like.
PLAN. A water management and sediment control plan.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its original site or origin by air, water, or gravity as a product of erosion.
SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other materials.
SLOPE. The face of an embankment or cut section, or any ground whose surface makes an angle with the plane of the horizon. SLOPE is usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SUBDIVISION. The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.
SWALE. A low lying stretch of land which gathers or carries surface water runoff.
TEMPORARY VEGETATION. Short-term vegetative cover (such as oats, rye or wheat) used to stabilize the soil surface until final grading and installation of permanent vegetation.
TOPSOIL. Surface and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, ditch, or conduit for carrying water, whether natural or human-made.
(`76 Code, § 1326.01) (Ord. 5-1-1993, passed 9-14-93)
(A) The village faces unique challenges and difficulties in controlling surface water. Control of surface water in the village is primarily limited to a system of watercourses, swales and dry wells. Experience has shown that coverage of ground by buildings, structures, driveways, sidewalks, and roadways contributes to problems caused by surface water to adjoining property and to the overflow of downstream channels, which in turn causes damage and loss of use of property. In addition, excavation, filling, changes in grade, blockage of swales and drainage channels, removal of foliage and other vegetation may contribute to erosion or cause a change in direction and amount of surface water runoff in a manner that causes damage to adjoining property or overburdens the downstream drainage system.
(B) The purpose of this chapter is to provide regulations so that all changes to real property that could result in increased surface water flow or otherwise alter drainage patterns in a manner that would be detrimental to other property in the vicinity will be subject to proper review, evaluation, and regulation.
(`76 Code, § 1326.02) (Ord. 5-1-1993, passed 9-14-93)
(A) No person shall cause or permit any of the following to occur on any real estate that they own, occupy or control in this village:
(1) Any filling (including filling of swales, watercourses or conduits), excavating, cutting, mulching, changing of slope or grading that causes or would cause an increase or change in direction of surface water runoff to such a degree as to negatively impact other property, public or private, in the vicinity.
(2) Fail to obtain a surface water/excavation permit from the Building Official when required to do so by this chapter.
(B) It shall be presumed for purposes of this section that no violation has occurred as a result of the following activities:
(1) Mulching areas of a yard as long as the primary purpose is not to block or alter surface water runoff or drainage swales, channels or ditches.
(2) Reseeding, sodding or otherwise maintaining yard areas as long as any re-grading is of an incidental character.
(3) Creating a ditch for a temporary period for the purpose of installing pipe or electrical lines or similar activities in such a manner as not to unreasonably impact other property, public or private.
(C) The Building Official shall review every building permit and determine whether the proposed work could cause a violation of division (A) of this section. The Building Official may consult with the Village Engineer if it is deemed necessary. If the Building Official determines that the work proposed in the application for a building permit could cause such a violation, no permit shall be issued until plans, satisfactory to the Building Official, are incorporated into application. Such plans shall provide for adequate control of stormwater by any practical means, including controlling flow or direction of stormwater. No final inspection nor certificate of occupancy shall be approved until completion of the stormwater work.
(`76 Code, § 1326.03) (Ord. 5-1-1993, passed 9-14-93) Penalty, see § 152.99
Loading...