(A) No property owner shall cause or allow any earth-disturbing activity, excavating, or filling, which does not conform with these regulations. A permit is required for all such work.
(B) Exempted work. The following do not require a permit:
(1) Any excavation for a basement of a building, or other structure, either privately or publicly owned, authorized by a valid building permit, provided:
(a) The excavation does not exceed:
1. Twelve feet in vertical depth at its deepest point; or
2. One cubic yard per each 11 square feet of work area; and
(b) The excavation is made within an area with a slope not greater than five horizontal to one vertical; and
(2) The subsequent filling of this excavated material on the same site, provided:
(a) The fill, excluding building backfill material, does not exceed:
1. Five feet in vertical depth at its deepest point; or
2. One cubic yard per each 11 square feet of work area; and
(b) The fill is placed on site area with a slope not greater than five horizontal to one vertical; and
(c) The fill does not result in a finished slope steeper than three horizontal to one vertical (3:1).
(3) Temporary excavations for underground utility lines, wells, tunnels, tanks, vaults or sign foundations.
(4) Public work performed by or under control of any governmental agency, work with street right-of-way or easements, except for ancillary excavating or filling for the project which is performed outside the project limits. Provided such operations do not cause instability of any adjacent or contiguous property and applicable sediment control policies are no less restrictive than these regulations.
(5) Exploratory excavations under the direction of a qualified geotechnical engineer, engineering geologist, contractor or builder. All such excavations shall be promptly backfilled and restored to the existing terrain.
(6) Normal cemetery operations involving opening or closing of graves.
(7) Operations involving refuse disposal, mining, quarrying, processing and stockpiling of soils or rock materials where controlled by other regulations, provided such operations do not cause instability of any adjacent or contiguous property.
(8) Any other excavation or fill that:
(a) Does not exceed:
1. Five feet in vertical depth; or
2. One cubic yard per each 14 square feet of work area; and
(b) Is made within an area with a slope not steeper than five horizontal to one vertical; and
(c) Does not result in a finished slope steeper than four horizontal to one vertical; and
(d) Does not necessitate any adjustment, relocation, addition or other modification to any existing storm sewer system.
(9) Any activities in the operation of a farm which involves any of the following:
(a) Work performed in accordance with (written) plans or recommendations of the Natural Resource Conservation Service or Purdue University Extension Service;
(b) Usual and customary farming practices or operations of farming activities;
(c) Excavation and construction to repair any soil disturbance which may occur as a result of an act of God and the natural forces of nature;
(C) A permit shall be required in all cases where grading is proposed on existing terrain showing visible evidence of active or dormant landsliding.
(D) Any excavating or filling performed pursuant to the exemptions in division (B) hereof, which creates a hazard (as defined in § 153.02) shall be pursued subject to the provisions of these regulations as they relate to the specific hazard.
(Ord. 2005-2, passed 3-21-05; Am. Ord. 2006-01, passed 3-20-06) Penalty, see § 153.99