§ 154.31 DESIGN STANDARDS FOR WATERWAYS.
   (A)   Clearing and grubbing. All timber, brush, roots, debris, junk, rubbish, or other objectionable material resulting from clearing or cleaning and grubbing operations shall be disposed of outside of the city limits or as directed by the Engineering Department. Burning of combustible material may be permitted, subject to the approval of the Fire Department. No material shall be buried on the site or disposed of in the excavation.
   (B)   Cleanup and drainage. During and after completion of excavation operations, no water shall be permitted to stand in low areas or ponds on the site of the work. Any grading necessary to effect positive drainage shall be done. Drainage may be to the excavation or as directed by the City Engineer. On completion of the work no material shall be left in piles or windrows unless specifically permitted by the city.
   (C)   Use of explosives. Explosives shall be used only as permitted by the city, and their use shall be subject to such conditions as may be imposed by the city.
   (D)   Working hours. The city reserves the right to regulate the excavator's working hours and may, at its discretion, prohibit night work.
   (E)   Design standards for waterways and canals, and offsets and slopes. No excavation shall be permitted closer than 100 feet to an adjoining property line or closer than 50 feet to a dedicated street or road. For purposes of this section, CANALS shall be defined as water bodies of total right-of-way of 100 feet or less and which are used for the conveyance of stormwater and are not used for storage as detention/retention basins.
      (1)   The excavations for all waterways located within the city limits permitted after the effective date of Ordinance 886 shall have the following minimum slopes, and in no case shall the bank be steeper than these allowable slopes:
         (a)   From the top of the slope line (maximum six inches below finished floor elevation) to the top of the bank (elevation no less than plus 5.5 feet MSL), the slope shall not be steeper than ten horizontal to one vertical.
         (b)   From the top of the bank to minus 0.5 feet MSL, or to an elevation three feet below the design water table elevation, as established in the South Florida Water Management District's Permit, the slope of a waterway or canal shall not be steeper than four foot horizontal to one foot vertical, except in commercial, industrial and agricultural zoning districts of the city where canal bank slopes shall be permitted on a slope of two foot horizontal to one foot vertical only if a permanent six-foot chain line fence is erected at the maintenance easement line within 30 days of completion and acceptance by the City Commission, provided, however, if and when such land is thereafter rezoned to residential, then as a condition of the rezoning, the bank slopes shall be reconstructed so that the bank slopes shall not be steeper than four foot horizontal to one foot vertical.
         (c)   From minus 0.5 feet MSL, or from an elevation three feet below the design water table elevation to the minimum depth required by the South Florida Water Management District up to the maximum depth allowed by the appropriate governing body, the slope shall not be steeper than two horizontal to one vertical or to the angle of repose of the material encountered.
         (d)   For the purposes of this section, all land lying between top of slopeline to the top of the bank shall be considered filled land as designated in § 155.058.
         (e)   The sketch entitled "Typical Waterway Bank Slopes", attached hereto as an appendix is an example of the method by which waterway bank slopes shall be excavated and shall be available at the office of the City Engineer for review.
      (2)   The excavation for all waterways located within the city limits permitted prior to the effective date of Ordinance 886 shall be in accordance with previously approved plans, provided such plans have been designed in accordance with South Florida Water Management's criteria at the time of permitting.
   (F)   Depth of excavation. No excavation, when completed, shall have a minimum depth inside the limits of the deep cut line of less than minus 12 feet USC & GS, MSL datum.
   (G)   Storm drainage. Drainage of storm waters into the lake shall be permitted.
   (H)   Lake permit fee. Lake permits will be required, the minimum fee to be as established in § 150.43.
   (I)   Maintenance easement. An easement with a right-of-way 15 feet wide must be provided to permit entrance of equipment to the waterway for maintenance.
('69 Code, § 14-22) (Ord. 127, passed 11-15-65; Am. Ord. 296, passed 10-16-72; Am. Ord. 886, passed 4-5-89; Am. Ord. 923, passed 5-2-90; Am. Ord. 1059, passed 1-5-94; Am. Ord. 1191, passed 11-20-96; Am. Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021) Penalty, see § 154.99