[R.O. 2011 § 510.010; R.O. 2009 § 151.01; CC 1981 §§ 10-1 — 10-2; Ord. No. 73-47, 7-25-1973]
A. 
Purpose. The purpose of this Chapter is to control stormwater runoff on land that is undergoing development for non-agricultural uses and to preserve the natural terrain and waterways of land within the City. The provisions in this Chapter are intended to provide a natural community environment and to prevent soil erosion which makes necessary costly repairs to gullies, washed out fills, roads and embankments. The resulting sediment of soil erosion clogs storm sewers, road ditches and chokes streams and creates silt lakes, all of which pose a threat to public health and safety. Interpretation and application of the provisions of this Chapter shall be pursuant to these purposes.
B. 
Scope. This Chapter amends and supplements Chapter 505, Streets and Sidewalks, and Chapter 405, Subdivision Regulations, of this Code of Ordinances. In all cases where this Chapter conflicts with other ordinances of the City, the provisions herein shall govern.
[R.O. 2011 § 510.020; R.O. 2009 § 151.02; CC 1981 § 10-3; Ord. No. 73-47, 7-25-1973]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEBRIS OR SILTING BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION
The wearing away of the land surface by the action of wind, water or gravity.
EXCAVATION or CUT
The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substances from the ground.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavation or filling.
FILL or FILLING
The placing of any soil, earth, sand, rock, gravel or other substance on the ground.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any excavation or filling or combination thereof.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site features.
GROUND
Including, but not limited to, the banks and beds of any river or waterway.
[R.O. 2011 § 510.030; R.O. 2009 § 151.03; CC 1981 § 10-4; Ord. No. 73-47, 7-25-1973]
The provisions of this Chapter shall not be construed as permitting the applicant for a permit under the Article set forth in Sections 510.050 et seq. to carry on any commercial operation or business or use any premises for buildings or structures thereon for any purpose not permitted by other provisions of this Chapter or Chapter 400, Zoning Code. For the purpose of this Section, grading shall not be considered a commercial operation or business if the grading is incidental to and necessary for the establishment or operation of a use permitted in the applicable zoning district.
[R.O. 2011 § 510.040; R.O. 2009 § 151.04; CC 1981 § 10-5; Ord. No. 73-47, 7-25-1973]
The provisions of this Chapter shall apply to all excavations, grading or filling operations of exposed ground which were being worked as of July 24, 1973; except that any then existing operation shall have been completed within one (1) year from July 24, 1973; provided that written notice of intention to continue such operation for such time was filed with the Director of Public Works or his/her designee within thirty (30) days after July 24, 1973. No then existing operation shall be extended in area or any new operation commenced after such date without first securing a permit therefor as herein provided and such operation shall be subject to all of the provisions of this Chapter.
[R.O. 2011 § 510.045; R.O. 2009 § 54.011; CC 1981 § 24-14; Ord. No. 3575, 6-5-1968]
It shall be unlawful for any person in this City to fail, neglect or refuse to control the runoff of water from land possessed by him/her, or under his/her management or control, so that an amount of soil, dirt, gravel, rock, sand, trash, filth or similar material detrimental to or causing a hazard to public users is carried upon a public sidewalk or a paved public street.
[1]
Cross Reference: As to penalty, § 100.150.