(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