§ 14.10.1. Excavations.

Prior to issuance of permits for any excavation, the city engineering department shall examine the plans for said excavation. The city engineering department shall determine whether the proposed excavations will be detrimental to or interfere with the health, safety or general welfare; no plan which the city engineering department finds to be detrimental to or interfere with the health, safety or general welfare shall be approved. The plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted and any change or addition shall constitute a violation of the board of adjustment, unless said change or addition is examined by the city engineering department according to the same criteria required for the original issuance.

All excavations with a surface area in excess of 1,000 square feet shall conform to the following requirements.

1.

No excavations of earth shall be within 50 feet of any road right-of-way line.

2.

Unfenced excavations of earth shall be no closer than 50 feet to an adjoining lot or parcel. Fenced excavations shall be no closer than 22 feet to an adjoining lot or parcel.

3.

Sides of an excavation shall be sloped inwardly at not less than a one foot vertical drop for each three feet horizontal dimension measured from the edge of the excavation to a depth of two feet below the water table. Depth and slope below the water table shall be determined by the city engineering department according to demands for safety from pollution of the underground water courses to be determined according to the nature of the particular sub-strata soil structure.

4.

No excavation shall detract from or interfere with the city's ultimate drainage plans or existing patterns.

5.

All plans for proposed excavations shall be required to bear the seal and signature of an engineer registered and licensed by the State of Florida and shall show a positive outfall of overflow into the city drainage system.

The city engineer department shall waive the requirement for a permit pursuant to this section upon presentation of permits or approvals from the Southwest Florida Water Management District authorizing such excavations.

(Ord. No. 96-1, § 1, 1-16-96)