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AGENDA ITEM COVER PAGE
File ID: #7635
Ordinance
Second Reading
Sponsored by: Ken Russell, Commissioner, Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
IMPROVEMENTS AND FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND
PERMITTING AND REGISTRATION REQUIREMENTS; REQUIRING SEAWALLS AND
BULKHEADS AS PART OF THE LIST OF REQUIRED STREET IMPROVEMENTS IN
CONNECTION WITH OBTAINING BUILDING PERMITS OVER A CERTAIN VALUE
OR SQUARE FOOTAGE; UPDATING REGISTRATION REQUIREMENTS FOR
TELECOMMUNICATIONS PROVIDERS WORKING IN THE CITY'S RIGHTS-OF-WAY
TO BE CONSISTENT WITH STATE LAW; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 7635 (Revision: ) Printed On: 10/19/2020
City of Miami
Legislation
Ordinance
Enactment Number: 13916
File Number: 7635 Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
IMPROVEMENTS AND FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND
PERMITTING AND REGISTRATION REQUIREMENTS; REQUIRING SEAWALLS AND
BULKHEADS AS PART OF THE LIST OF REQUIRED STREET IMPROVEMENTS IN
CONNECTION WITH OBTAINING BUILDING PERMITS OVER A CERTAIN VALUE
OR SQUARE FOOTAGE; UPDATING REGISTRATION REQUIREMENTS FOR
TELECOMMUNICATIONS PROVIDERS WORKING IN THE CITY'S RIGHTS-OF-WAY
TO BE CONSISTENT WITH STATE LAW; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 54 of the City
Code, provides the requirements necessary for construction, excavation, and repair in the
public right-of-way as well as requirements for telecommunications companies using the City of
-of-way; and
WHEREAS, to ensure consistency in the development process, the City Commission
wishes to ensure those right-of-way improvements required by the Department of Resilience
and Public Works in connection with certain building permits requiring those improvements are
consistent with portions of the City Code such as those improvements required in the platting
process by also requiring construction, reconstruction, and repair of seawalls in connection with
the same along with other required right-of-way improvements; and
WHEREAS, the City Commission wishes to update the City Code to reflect changes to
State law governing registration of telecommunications providers -of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54 of the City Code, titled " is further
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amended in the following particulars:
STREETS AND SIDEWALKS
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Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 7635 (Revision: ) Printed On: 10/19/2020
ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR
* * * *
Sec. 54-56. Construction, reconstruction or repair of street improvements required when
adjacent property is improved by construction of $100,000.00 or more in value or exceeding
1,000 square feet in floor area; restriction.
(a) Sidewalks, curbs or gutters, pavement, modifications to existing drainage, permanent-type
bulkheads or seawalls, sodding, and any other right-of-way improvements deemed necessary
by the director of the Department of resilience and public works (hereinafter "street
improvements") shall be constructed, reconstructed or repaired when any adjacent property
located within the corporate limits is improved, altered or modified by the construction,
reconstruction, addition, or change of use of any type of building, structure or parking facility
amounting to $100,000.00 or more in total value, or when such building, structure or parking
facility to be constructed, reconstructed or when there is an addition or change of use which is
1,000 square feet or more in floor area, for which a permit is required.
* * * *
Sec. 54-58. Right-of-way dedication required prior to issuance of permits
* * * *
(b) Upon written request by applicant for a determination that the proposed construction of a
new building or structure or change of use, or expansion will not burden the city services,
including adjacent streets, director shall have the authority to waive the required dedication or, if
he/she does not so waive the dedication, director shall convene, within 30 days after receipt of
written request from applicant, a meeting of a review committee which shall be comprised of the
director of the Department of resilience and public works, the director of the department of
planning, building and zoning and an assistant city manager.
* * * *
Sec. 54-302. Term and renewal.
A registrant shall renew its registration with the director by October 1 of every five (5)each years
in accordance with the registration requirements in this chapter.
* * * *
Sec. 54-305. Registration application procedure; information required.
(a) To obtain a registration under this article, a person shall apply in writing to the director.
(b) Each request for an initial registration shall include the following:
(1) The name, street address, and telephone number of the applicant.
(2) The name, street address, and telephone number of the applicant's primary
contact person in connection with the registration, and the person to contact in case of
an emergency.
City of Miami File ID: 7635 (Revision: ) Printed On: 10/19/2020
* * * *
Sec. 54-311. Use of streets and pole attachments.
(a) Before commencing construction of its communications system in, above, over, under,
across, through or in any way connected with the streets, public ways or public places of the
city, the registrant shall first obtain the written approval of, and all other necessary permits from,
all appropriate city agencies, including but not limited to the department of resilience and public
works. Applications for such approval shall be made in the form prescribed by the director of
resilience and public works or his/her authorized designee.
(i) The registrant shall keep accurate, complete and current maps and records of its system
and facilities which occupy the streets, public ways and public places within the city, detailed by
linear foot, if applicable, and shall furnish, as soon as they are available, two complete and
updated copies of such maps and records, including as-built drawings, to the department of
resilience and public works on a five-yearn annual basis prior to issuance or renewal of a
registration.
* * * *
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after its adoption and
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signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
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This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami File ID: 7635 (Revision: ) Printed On: 10/19/2020