§ 16-4. Exemptions.

The following types of work are exempt from the requirements of this chapter and no permit for excavation or fill is required:

(1)

Installation of utilities, provided a valid underground utility permit or right-of-way utilization permit has been issued.

(2)

Excavating, grading, filling, and moving of earth in conjunction with commercial or subdivision construction, provided construction approval or permit has been obtained and that the amount of excavated or fill material to be removed from or imported to the boundaries of the project does not exceed two hundred (200) cubic yards.

(3)

Foundations and building pads for any building or structure, provided that the excavation or fill will be confined to within twenty (20) feet of the structure and that a valid building permit has been issued by the building department.

(4)

Minor landscaping projects, provided they do not encroach in flood-prone areas as depicted on the FEMA maps or change the natural drainage pattern of the ground surface at the property boundary line.

(5)

Swimming pool construction, provided a building permit has been issued for construction of the pool.

(6)

Agricultural use ponds (in areas properly zoned for agricultural uses), provided the boundaries of excavation are wholly within one (1) owner's property, the property does not contain a conservation area(s), the excavated material remains on-site and off-site drainage is not affected.

(7)

Sites where petroleum contamination investigation and remediation are being conducted under the direction of the environmental protection department, providing that there will be no permanent change in the final grade of the land surface upon completion of the project. These include, but are not necessarily limited to, contaminated soil removal and/or tank removal or replacement.

(Code 1965, § 23A-5; Ord. No. 85-32, § 1(5), 11-25-85; Ord. No. 92-19, § III(4), 7-7-92)