(a) General.
(1) The person causing any excavation to be made shall prevent the movement of the earth of adjoining properties and the trees and natural objects thereon or therein, and shall be responsible for maintaining or restoring public sidewalks, curbs, pavements and the properties of public utilities which may be affected by the excavation.
(2) The maintenance or restoration of public sidewalks, curbs and pavements shall be performed in accordance with the rules and regulations of the Department of Public Service, and the maintenance or restoration of the property of public utilities shall be in accordance with procedure established by the owners thereof.
(b) Permanent Excavations.
(1) Permanent excavations shall be protected by permanent means where necessary to prevent the movement of the earth of adjoining properties. Such protection shall be provided by the person causing the excavation to be made and shall be on the property and at the expense of the person causing the excavation to be made.
(2) When deemed necessary for public safety by the Commissioner for permanent excavations not otherwise protected, such protection shall include the construction of a substantial barricade or fence not less than six (6) feet in height enclosing the excavated area.
(c) Grading or Filling. When a lot or plot is graded to a higher or lower finished grade level than the natural grade on an adjacent property, the owner of such lot or plot shall provide suitable retaining wall or walls or other approved protection on his or her own property to protect the adjacent property from caving of earth and as required to maintain the existing natural grade of such adjacent property.
(d) Drainage.
(1) Whenever the surface of a lot or plot is excavated, filled or graded, positive drainage shall be provided so that a nuisance will not be created. Catch basins or property connected underdrains shall be installed, or other approved provisions made, where water may pocket, to preclude the accumulation of surface water. Surface water shall not be drained onto adjacent properties not in the same ownership without written permission from the owner of the adjacent property, and existing natural ground drainage of the ground area surrounding the lot or plot excavated, filled or graded shall not be impeded.
(2) No condition shall be created, nor any existing condition maintained, whereby there will be upon any lot or plot excavations, depressions, pits, holes, gullies, or similar depressions which may accumulate and retain surface water and which may become a public hazard or nuisance. Any such condition shall be promptly abated and protected by filling or by providing positive drainage and, where necessary, by the erection of a barricade or fence.