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Fairport Harbor City Zoning Code

CHAPTER 1126

Site and Grading Plans

1126.01 PRELIMINARY PLOT PLAN REQUIREMENTS.

   In addition to all other requirements of the Building and Housing Code, the Zoning Code and ordinances or statutes of the Village, the County and the State, and before a building permit is issued by the County Building Inspection Department for a building, a person who owns, leases or is in possession or control of any property who desires to construct a new building or structure, or to remodel or reconstruct an existing building or structure wherein the existing grade of the lot or building is proposed to be changed, or a person seeking to change the grade of any property by more than three inches, shall, in addition to obtaining all other permits required by the Village, County and State, submit to the Village Zoning Inspector an application for a permit, the required deposit and three copies of the plot plan of the property, prepared by a registered civil engineer or a registered surveyor, showing where such proposed construction or reconstruction is or shall be situated and showing, as applicable, the following:
   (a)    The existing elevation of the center of the street;
   (b)    The existing elevation of the top of the nearest street curb, if any;
   (c)    The existing elevation of the top of the nearest portion of the sidewalk, if any;
   (d)    The existing elevation at each corner of the lot;
   (e)    The first or main floor elevation and the location of adjacent buildings within 105 feet;
   (f)    The elevations of the existing grade and proposed finished grade of the lot on a suitable contour interval;
   (g)    The proposed elevation of the first or main floor of the building or garage and the lawn grade at the building corners;
   (h)    The foundation and/or slab elevation;
   (i)    The bearings and lot dimensions, the lot and block number or lot and tract number, all easements of record, an arrow showing the north direction and the street name;
   (j)    A reference bench mark established on some permanent object in the near vicinity which shall remain undisturbed during construction and available for elevation checks. The bench mark may be assumed to be 100 feet where a Village bench mark is not available.
   (k)    The location, elevation and size of all existing and proposed on-site sanitary systems, sanitary sewers, water lines and storm sewers in or adjacent to the lot;
   (l)    Building dimensions, setback and side yard dimensions;
   (m)    Size and invert elevations of driveway culverts;
   (n)    The existing elevations of the road ditch, if any, in front of the property at twenty-five foot intervals;
   (o)    A certification by the registered surveyor that the property has been surveyed and iron pins set at all lot corners; and
   (p)    Any other information that may be required by the Village Engineer to ensure that the proposed building elevations and site gradings are compatible with adjacent property and that positive drainage is achieved.
      (Ord. 1998-119. Passed 10-20-98.)

1126.02 APPROVAL OF PRELIMINARY PLOT PLAN; FINISHED GROUND GRADE AND GRADE OF FOUNDATION.

   (a)    Upon receipt of the application and plot plan, as described in Section 1126.01, the Village Zoning Inspector shall, if all other aspects of the application for the permit are in order, submit a copy of the application and plot plan to the Village Engineer. The Engineer shall examine such plot plan for conformity to the proper relation with existing or proposed sanitary sewers, water lines, storm drainage and existing grades of adjacent lands and buildings, following the guidelines of subsection (b) hereof. If the plan does not so conform, the Engineer shall call the applicant's attention to the lack of conformity and require that the plan be changed in that respect. Once the Village Engineer finds that the plan conforms to the within Codified Ordinance, it shall be approved. Such approved plan shall be a condition of any permit which may be issued pursuant to this Chapter for such construction. It shall then be the responsibility of the applicant to perform all work in conformity with the various grades and elevations of the final approved plot plan and to set witness markers clearly designating the lot corners.
 
   (b)    The finished ground grade of a building shall be established in proper relation to the surrounding grade, driveway and street. The parcel of land or lot shall be graded so that water drains away from each building at a minimum grade of two percent. Surface drainage swales shall have a minimum grade of .5 percent designed so that surface water will drain onto a swale, street gutter, storm sewer, drain inlet or natural drainage way. The grades of driveways shall be a minimum of .4 percent and a maximum of fifteen percent. Grading shall be adjusted so there will be no abrupt grades in the front yards and along side lot lines. The grades of earth terraces shall not exceed three to one. If a masonry retaining wall exceeds three feet in height, a hedge, fence or railing shall be provided.
 
   (c)    At such time as the permit holder has constructed the foundation or slab referred to in Section 1126.01(h), he or she shall request that the Village Engineer check the grade. No further construction shall be permitted until the Engineer has checked the elevation of such foundation and found it be in accordance with the plot plan approved pursuant to subsection (a) hereof.
 
   (d)    At appropriate times, the Village Engineer may inspect the progress of the site work. The permit holder shall be notified of any deficiencies discovered during such inspection, and he or she shall repair such deficiency within the time frame acceptable to the Village Engineer.
 
   (e)    Upon completion of construction and before a certificate of occupancy is issued for a building by the County Building Inspection Department, the permit holder shall schedule, with the Village Engineer, a pre-final inspection of the site work completed at that time. As soon as weather conditions allow for an adequate inspection, the Village Engineer shall inspect the site work. Any deficiency observed during such inspection shall be brought to the attention of the permit holder who shall correct such deficiency within a time frame acceptable to the Village Engineer. The Village Engineer shall bring to the permit holder's attention any change or addition to the site work which is to be incorporated into the final plot plan.
(Ord. 1998-119. Passed 10-20-98.)

1126.03 FINAL PLOT PLAN.

   Upon completion of the final grading and seeding of the site, the permit holder shall file with the Village Engineer a final plot plan, which shall show the final grades of the improvement as constructed. Such plan shall be certified, by a registered civil engineer or surveyor, as to the accuracy of the plan in depicting the actual construction. Such civil engineer or surveyor shall also certify that he or she has made an actual field observation of as- built conditions and that such conditions are as shown on the plan. The form of such certification shall be prescribed by the Village Engineer. (Ord. 1998-119. Passed 10-20-98.)

1126.04 DEPOSIT, COSTS AND FEES.

   (a)    The Fiscal Officer or Zoning Inspector shall collect a five hundred dollar ($500.00) deposit at the time of application for a permit. The Village Engineer shall estimate the cost of the grade plan review. If the estimated cost exceeds the five hundred dollar ($500.00) deposit, the applicant shall be informed of the estimated cost and shall be directed to deposit the difference between the Engineer's estimate and the applicant's original five hundred dollar ($500.00) deposit, which difference shall be deposited prior to the Engineer's examination of the plot plan.
 
   (b)    The applicant shall be charged for the actual costs incurred by the Village Engineer for reviewing the plot plan, issuing the permit, inspecting the site and setting the grade, and any and all other expenses associated with the issuance of the permit. Such costs shall be computed on the basis and in accordance with the legislation governing the right of compensation for the Village Engineer at the time. Any deficiency between the actual costs of the services rendered by the Village Engineer and the deposit paid by the applicant shall be paid to the Village prior to the approval of the final plot plan. Any excess of the deposit over the actual costs of the Village Engineer and the permit fee shall be returned to the applicant.
 
   (c)    All costs and fees paid pursuant to this Chapter shall be deposited in the General Fund of the Village.
(Ord. 1998-119. Passed 10-20-98.)

1126.05 PROVISION FOR DRAINAGE OF SURFACE WATER REQUIRED.

   In addition to the requirements of this Chapter or of any ordinance adopted by the Village, wherever the plot plan filed under Section 1126.01 fails to indicate a method of positive draining of surface water from the lot, the Village Engineer shall notify the applicant of such failure and the applicant shall be required to correct such deficiency before resubmission for approval.
(Ord. 1998-119. Passed 10-20-98.)

1126.06 CONFLICTS.

   This chapter is not intended to repeal, abrogate or impair Section 1125.06, but is deemed to be supplemental thereto. Wherever this Chapter and/or Section 1125.06 or any other valid ordinance, building code or restriction, conflict or overlap, the more stringent restriction shall prevail. (Ord. 1998-119. Passed 10-20-98.)

1126.07 VIOLATIONS.

   No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirement of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(Ord. 1998-119. Passed 10-20-98.)

1126.99 PENALTY.

   Whoever violates or fails to comply with any of the provisions of this Chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1998-119. Passed 10-20-98.)