(a) No permit shall be issued and no fees shall be required for excavation, grading or filling operations performed in conjunction with the following activities; however, all other provisions of this chapter shall apply and applications for the performance of these activities shall be reviewed for compliance with the requirements contained herein:
(1) Building construction. Activities incidental to any building construction project shown by the plans and specifications as approved under a duly issued building permit.
(2) Site improvements. Activities incidental to any site improvement project shown by the plans and specifications as approved under the provisions of Chapter 1339
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(3) Excavation for streets and drains. Necessary grading, removal or excavation of topsoil or other materials shall be permitted within the limits of the right of way or slope rights of any existing street, or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with subdivision plans approved by the Planning Commission, which plans shall establish the elevations and grades of such streets and/or the location of such improvements, and for which a street construction permit or a drain connection permit has been issued.
(b) Excavation, grading and filling operations conducted in conjunction with the following operations shall be exempt from the requirements of this chapter provided the operations do not affect a wetland, do not block or divert natural storm water flows to the detriment of neighboring properties and do not create a retaining wall.
(1) Foundation grading. Activities conducted within fifty feet of the foundation of an existing structure for the purpose of directing surface water flows away from the foundation of the structure.
(2) Landscaping. Activities involved in the installation of landscaping materials and plants and the seeding or sodding of lawn areas.
(3) Utilities and conduits. Activities conducted in the repair or replacement of storm water pipes, drains or tile including roof drains and foundation drains or underground utility service connections for which the proper authority has been contacted and any necessary permits and/or work authorizations have been obtained.
(4) Farming. Activities conducted in the lawful use of the land for farming, nurseries, gardening or similar agricultural or horticultural use where permitted by the Zoning Code. (Ord. 1990-44. Passed 8-8-90.)