As used in this chapter, the following terms
shall have the meanings indicated:
EXCAVATION
The removal or movement of soil, sand, stone, gravel, or
fill dirt except for common household gardening, farming, and general
ground care.
FILL
A deposit of soil or rock placed or replaced by people or
machine which raises an existing elevation.
FILL MATERIAL
Soil, sand, gravel, clay, peat, debris and refuse, waste
of any kind, or any other material which displaces soil or water or
reduces water retention potential.
GRADING
Any stripping, excavating, filling, stockpiling or any combination
thereof, and shall include the land in its excavated or filled condition.
GRADING PERMIT
A permit issued to authorize work to be performed under this
chapter.
RETAINING WALL
A vertical or near vertical wall structure constructed of masonry, wood, concrete or other similar materials that forms a structural barrier that is above ground on one side and is used to retain and stabilize earth located on the other side of the wall. For the purpose of this chapter, the definition of "retaining walls" shall not include seawalls or riprap constructed in accordance with the waterfront provisions of Article
17 of the Zoning Ordinance or foundation walls that are part of a building.
The permit fee shall be as established by the
Township Board and shall be posted or made available at the Township's
Department of Community Development.
A grade plan drawn by a registered engineer
or surveyor of any proposed subdivision showing the topography of
the area to be platted and indicating the existing drainage pattern
and the proposed surface drainage from each parcel or lot shall be
submitted with the preliminary subdivision plat. Drainage easements
shall be provided across private property where necessary for handling
surface drainage from adjacent properties.
Grades for residential properties may be approved
by the Township's Building Inspector after visual on-site inspection.
Grades around large buildings, such as churches, schools, offices,
businesses, parking lots, etc., shall be approved by the Township
Engineer. Before final inspection is made and a certificate of occupancy
is issued, the rough grading must be completed, allowing for bringing
the premises up to grade by the addition of topsoil, sod, and other
landscaping. Final grading shall be completed within one year after
the certificate of occupancy is issued.
An individual who desires a waiver or modification to the standards of this chapter may petition the Township Zoning Board of Appeals for a hearing on such request. Such request shall be processed and hearing noticed following the procedures of Chapter
285, Zoning, Article
23. In reviewing the request, the Zoning Board of Appeals shall consider the following:
A. Practical difficulties. Compliance with the strict
letter of the regulations would create practical difficulties and
unreasonably prevent the establishment of a finished grade or drainage
necessary to develop the property for a permitted use.
B. Extraordinary circumstances. There are exceptional
or extraordinary circumstances or physical conditions applicable to
the property involved, such as natural features, unusual grades on
the property, or adjacent property or drainage problems that do not
apply generally to other properties in the Township. The conditions
resulting in a request cannot be self-created.
C. Public safety and welfare. The granting of a waiver
or modification will not create a hazardous condition, increase the
risk of erosion or create drainage or flooding problems on adjacent
or other nearby properties.
D. Drainage. Granting a waiver shall not have an adverse
impact on the drainage of the site and adjacent lots and shall not
disrupt natural drainage patterns or flow of floodwaters. The granting
of a waiver or modification will not be contrary to the Township Floodplain
Ordinance.
E. Natural features. The granting of a waiver or modification
will minimize impact on natural features. The Zoning Board of Appeals
may specifically grant modifications to this chapter for retaining
walls utilized to minimize disturbance to woodlands or wetlands.
F. Neighborhood character. The granting of a waiver or
modification will not impact views from adjacent properties or alter
the essential character of the neighborhood.
G. Building and engineering standards. The granting of
a waiver or modification will not be contrary to the Building Code
or accepted building and engineering standards.
[Added 7-22-2002]
Penalties for violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, §
1-3. The provisions of Chapter
1, Article
II, Municipal Civil Infractions, also apply to violations of this chapter.