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The rules prescribed in this chapter shall apply to all lands within the City limits of the City of Millersburg.

(1) Compliance. No excavation or grading operation shall hereafter be performed, or existing graded lot altered, without full compliance with the terms of this chapter and other applicable regulations.

(2) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other chapters conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(3) Relationship to Permits Required by State or Federal Agencies. Excavation, grading, and fill activities may require State and/or Federal permits. Such permits are likely to be required if hydric soils are present on the site or if the site contains other wetland characteristics. The issuance of a permit by the City of Millersburg under this chapter does not eliminate the need for compliance with other State, Federal, or local regulations.

(4) Warning and Disclaimer of Liability. The issuance of a permit by the City of Millersburg under this chapter constitutes a determination that the applicant has met the minimum requirements for the City’s regulatory purposes. Issuance of a permit does not relieve the permit holder from any responsibilities or liabilities that grading, excavation or fill activities may create if third parties are damaged or injured by such actions. (Ord. 166, passed 12-10-2019)