The principles established by this chapter shall be applied in establishing, setting and checking of grades for the construction of buildings in the Village in order to:

   (a)   Eliminate, as much as practically possible, unnatural drainage onto adjoining property;

   (b)   Reduce the amount of grading;

   (c)   Minimize destruction of trees and top soil;

   (d)   Utilize natural contours to the extent possible so that land can be drained without excessive grading;

   (e)   Preserve natural features to maintain interest in each neighborhood and to generate attractive building sites;

   (f)   Eliminate the possibility of a nuisance; and

   (g)   Preserve and maintain good aesthetic values.

(Ord. 2009-17. Passed 9-15-2009.)

   As used in this chapter, "Engineer" means the Village Engineer or a professional licensed engineer employed by the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   The provisions of this chapter shall be in addition to all other provisions, including fees, for obtaining a building or zoning permit required by this Zoning Code and the Building and Housing Code of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   Prior to any construction or action that might tend in any way to change the elevation of the land by twelve inches or more or the pattern of drainage, a permit for such work shall be obtained from the Inspector of Buildings.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Each application for a building permit (limited to grading only) and each application for a building permit for the construction of a building or an addition to an existing building, which construction shall involve grading or digging, shall be accompanied by not less than two copies of a topographical survey of the lot, with the scale as designated by the Inspector of Buildings, prepared by a registered professional engineer or a registered surveyor licensed by the State, which survey shall include, but not be limited to:

      (1)   Existing (natural grade) and proposed (finished grade) ground elevations:

         A.   Along the property line;

         B.   At the building line;

         C.   Twenty-five feet, plus or minus, outside the property line;

         D.   Next to adjacent structures;

         E.   In the roadway ditch, if any; and

         F.   In the centerline of the street;

      (2)   The placement of the proposed building, showing the size, distances to property lines and street right of way;

      (3)   The proposed top of footer elevation and first floor elevation;

      (4)   The designated permanent bench mark;

      (5)   The location and elevations of any swales, streams or natural watercourses traversing or touching the property;

      (6)   The location of all utilities;

      (7)   The location of all metal stakes placed pursuant to subsection (b) hereof; and

      (8)   Any other information relative to the proposed construction consistent with the objectives of this chapter.

   (b)   At such time as the survey referred to in subsection (a) of this section is made, the applicant for the building permit shall place or have placed permanent metal stakes into the ground on the property involved to delineate the boundaries of such property according to the description of the same given in the deed for such property duly recorded in the County Recorder's office. Such stakes shall take the form of a five-eighths inch pin (reinforcing bar), thirty to thirty-six inches long, as recommended by the Professional Land Surveyors of Ohio, or such other metal stake as may be approved by the Inspector of Buildings. After the placement of such stakes, no person shall move, remove or otherwise tamper with the same, except such persons who may be authorized by the Village to do so for the purpose of correcting an error in the description of the property or the delineation of the boundaries thereof.

   (c)   Prior to the pouring of the footers, a final certificate prepared by a registered surveyor shall be submitted to the Inspector of Buildings. Such certificate shall verify all of the information referred to in subsections (a)(2) and (a)(3) of this section.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   If all of the information required by Section 1280.05 is already shown on the architectural drawings of the structure, it will not be necessary to submit separate surveys.

   (b)   On an application for a permit for an accessory building or an addition to an existing building, the Inspector of Buildings may waive the requirements for a topographical survey if, in his or her opinion, such survey will serve no useful purpose. Such waiver shall be in writing and a copy shall be filed with the application.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Fees for review, establishing the grades and inspections required by this chapter shall be collected from the applicant for a building permit at the time the topographical survey or site plan required is submitted to the Inspector of Buildings and shall be as set forth in Chapter 208 of the Administration Code (the General Fee Schedule). The Inspector of Buildings shall not commence checking the documents until such fees have been paid.

   (b)   Whenever a topographical survey is waived pursuant to Section 1280.06, the fee shall be fifty percent of the fees referred to in division (a) of this section. The Inspector of Buildings shall not issue a waiver until such fees have been paid.

   (c)   The Inspector shall issue a receipt for each fee payment and remit such fee to the Treasurer. All fees shall be credited to the General Fund of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   The Inspector of Buildings, whenever he or she deems it necessary, but only with the approval of the Mayor, shall refer surveys, drawings and any other pertinent data to the Engineer appointed by the Village to check the grades for the property. Otherwise, the Inspector shall check the grades.

(Ord. 2009-17. Passed 9-15-2009.)

   The proposed grades shall be checked by applying the objectives and criteria established in Section 1280.01, together with due consideration of the finished grades of adjoining premises, the location of public utilities in relation to the premises being improved, the contemplated use of the premises and the potential of undeveloped adjoining properties, if any, under applicable zoning regulations. If the proposed grades do not conform to the requirements of this chapter, then the Village shall establish or set the grades.

(Ord. 2009-17. Passed 9-15-2009.)

   Any person dissatisfied with the grades finally established or set by the Village may appeal to the Board of Zoning Appeals in accordance with the procedure and requirements of Chapter 1258 of this Code.

(Ord. 2009-17. Passed 9-15-2009.)

   Any owner, lessee or occupier of land intending to perform grading incidental to an open land use of the premises only, shall first make application to the Inspector of Buildings. Such grading is subject to the requirements of this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   The Inspector of Buildings shall cause an inspection to be made of all grading. When the grading is found to be in violation of this chapter, no person shall proceed further with such work. The provisions of Section 1280.01(d) shall then be applicable.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   No person intending to construct a building shall commence grading and digging without first having obtained a building permit.

   (b)   No person shall perform grading that alters the established grade by twelve inches or more or the pattern of drainage without first having obtained a building permit (limited to grading only) from the Inspector of Buildings.

   (c)   No person having received a building permit or grading permit shall deviate from the grade prescribed or approved by the Village.

(Ord. 2009-17. Passed 9-15-2009.)