The provisions of this subchapter shall not apply to:
(A) The excavation, removal, placement or storage of rock, sand, dirt, gravel, clay or other like material for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with, or immediately following such excavation, removal or storage, providing a building permit has been issued;
(B) Such excavations, removal, placement or storage of rock, sand, dirt, gravel, clay or other like material as may be required by the state, county or city authorities in connection with the construction or maintenance of roads and highways within their respective rights-of-way;
(C) The moving of dirt pursuant to an approved plot for the construction of roads or to provide for surface water drainage; and
(D) The excavation, removal, placement or storage of rock, sand, dirt, gravel, clay or other like material by the owner of land for landscaping or other purposes, except commercial purposes, within the contiguous boundaries of such owned premises.
(1978 Code, § 902.02) (Ord. 91-8, passed 6-17-1991; Ord. 91-16, passed 9-3-1991)