§ 157.146 APPLICABILITY OF PROVISIONS.

   The provisions of this subchapter apply to every lot in the city except where the following occur:

   (A)   Excavation below finished grade:

      (1)   For basements and footings of a one-family or two-family residential structure;

      (2)   For retaining walls;

      (3)   For swimming pools;

      (4)   For cemeteries for human or animal burial; or

      (5)   For accessory structures related to one-family or two-family structures authorized by this chapter.

   (B)   An excavation or fill provided it:

      (1)   Is less than four feet in vertical depth/height at its deepest point as measured from the natural ground;

      (2)   Does not result in a total quantity of more than 100 cubic yards of material being removed from, deposited on or disturbed on any lot, parcel or subdivision thereof;

      (3)   Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or water course;

      (4)   Has no final slopes steeper than one foot vertical for three feet horizontal; and

      (5)   Has proper vegetative cover reestablished as soon as possible on all disturbed areas; and

      (6)   Has no fill placed on a surface having a slope steeper than five feet horizontal to one foot vertical.

   (C)   Accepted agricultural land management practices such as plowing, cultivation, construction of agricultural structures, nursery operations such as the removal and/or transplanting of cultivated sod, shrubs, and trees, tree cuttings at or above existing ground level, and logging operations leaving the stump, ground cover and root mat intact.

   (D)   Grading, provided:

      (1)   The aggregate area(s) affected, or stripped at any one time does not exceed 10,000 square feet;

      (2)   The grade change does not exceed 18 inches at any point and does not alter the drainage pattern;

      (3)   Proper vegetative cover is reestablished as soon as possible on all disturbed areas; and

      (4)   The grading does not involve a quantity of material in excess of 100 cubic yards.

   (E)   Installation of lateral sewer lines, telephone lines, electricity lines, gas lines or other public service facilities.

(Ord. 101-1986, passed 10-7-86)