§ 190-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EXCAVATION

An operation for the purpose of movement or removal of earth, rock, asphalt, concrete, or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by the use of powered or mechanized equipment, including but not limited to digging, blasting, auguring, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, trenching, and tunneling; excluding the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purposes.

A. 

A lowering of existing grade in excess of two feet, regardless of the area involved in such change, or any lowering of existing grade or stripping of topsoil over an area of 4,000 square feet or more, regardless of whether or not, in either such case, any topsoil or fill is removed from the premises for commercial sale or otherwise.

B. 

Any excavating operation in which fill or other material is removed from the premises, except, as to both Subsections (1) and (2):

(1) 

Where a building permit shall have been duly issued, excavation limited in area and bulk to that strictly essential for and limited to the extent of the foundation, walls and basement of such building or for the construction of a wall, driveway, sidewalk, swimming pool, service connections or other structure or underground tank and which, including from consideration soil removed which is actually replaced by a basement foundation, wall, swimming pool, tank or other underground structure, does not involve any change in the existing grade and contour in excess of two feet, regardless of the area involved in such change, or any change in the existing contour and grade over an area of 4,000 square feet or more, shall not require a permit. Any change in the existing grade and contour in excess of two feet or over an area of 4,000 square feet or more, regardless of the depth of the cut, shall be permitted only if the applicant has demonstrated to the satisfaction of the Building Inspector that an excess amount of excavation is necessary and proper in order to permit reasonable use of the property and will not contravene the policy set forth in § 190-1, and the Building Inspector shall so endorse the building permit and may impose conditions appropriate, in his discretion, to carry out the policy set forth in § 190-1.

(2) 

In connection with a site plan which has been duly approved by the Planning Board and which makes specific provision for grading, contouring and drainage in the manner deemed by the Planning Board appropriate to carry out the declaration of policy set forth in § 190-1.

(3) 

Nothing in this chapter shall be construed so as to prevent the owner or occupant of premises from moving topsoil, excavating or filling his property by his own handwork, provided that no power tools, other than garden tractors not exceeding six horsepower, are used and that materials are not removed for the purposes of sale or enhancing the value of other property.

C. 

Notwithstanding the exceptions provided for by Subsection B(1), (2) or (3) above, if the operation as carried out creates conditions contrary to the policies specifically enumerated in § 190-1B(1), (3) or (4), the Building Inspector or the Planning Board, either on his or its own motion or upon complaint, may require that a permit be issued under the appropriate article subject to the imposition of conditions as therein provided, and the Building Inspector on his own motion may, or upon request of the Chairman of the Planning Board shall, issue a stop order pending the issuance of a permit and, if the person in question does not choose to apply for a permit, may compel restoration of the premises and may require corrective action with respect to drainage, exposed banks and other conditions to the extent necessary to fulfill the policy considerations set forth in § 190-1B(1), (3) or (4), and failure to comply with such stop order or requirements shall constitute a violation of this chapter.

FILLING OPERATION

A raising of the existing contour of the land in excess of two feet, regardless of the area involved in such change, and any raising of such existing contour in excess of two feet over an area of 400 square feet or more, and any raising of existing contour over an area of 1,000 square feet or more, regardless of whether the filling operation is carried out by placing on the land fill or other materials from other properties or redistributing the earth and soil on the land itself, by bulldozer or other means, except that in connection with construction for which a building permit shall have been issued, fill in excess of those limits shall be permissible if the applicant has demonstrated that it will not contravene the policy set forth in § 190-1.

GRADE or CONTOUR

The actual existing grade or contour of the land involved at any point thereof and shall not mean the grade of the street or streets adjoining said land.