§ 99.086 APPLICABILITY; EXEMPT ACTIVITIES.
   (A)   Except as otherwise exempted in division (B) of this section, no person shall commence or perform any of the following acts:
      (1)   Change the topography of any land in any manner;
      (2)   Fill, close or divert any storm water drainage channel or water course;
      (3)   Grade, fill, excavate, or clear vegetation for any purpose without having first obtained a grading permit from the Comptroller. A separate permit shall be required for each site and may cover both excavations and fills.
   (B)   The following activities shall be exempt from these property grading and excavation requirements:
      (1)   Minimum land disturbing activities such as house gardens, and individual home landscaping, repairs, maintenance work and other related activities;
      (2)   Excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
      (3)   Approved refuse disposal sites controlled by other regulations;
      (4)   Excavations for wells or tunnels or utilities; and
      (5)   Exploratory excavations under the direction of soil engineers or engineering geologists.
(Ord. 7-50, passed 7-18-07)