§ 153.02. EXCEPTIONS.

The provisions of this chapter shall not apply to:

(A) Excavation for the purpose of a 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, provided a building permit has been issued for the building to be constructed in connection with the excavation:

(B) Excavations required by the state, county or city authorities in connection with the construction or maintenance of roads and highways within their respective right-of-ways;

(C) Excavation consistent with a final plat and grading plan which has been approved by the city and for which a development agreement has been executed and financial sureties provided;

(D) Excavation by the owner of land for landscaping purposes within the contiguous boundaries of such owned premises, provided that the amount of material moved is less than 20 cubic yards;

(E) Repair of landscaping, driveways or parking lots.

(Ord. 102-N, passed 11-14-05; Am. Ord. 146, passed 6-23-08)