HomeMy WebLinkAboutO-13980City of Miami
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Legislation
Ordinance: 13980
File Number: 7338
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/25/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;"
MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED
"DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER
SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD
AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN
SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH
AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE
APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF
ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE
PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29
OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT
IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION
29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF
ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT
IMPROVEMENTS —REQUIRED," SECTION 29-84, TITLED "SAME —
APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29-91,
TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS,"
SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT,"
SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND
SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW
STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND
REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW
MINIMUM HEIGHT OF SIX FEET (6) NAVD 88 FOR NEWAND
RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE EXCEPT
FOR THOSE PROPERTIES FRONTING THE MIAMI RIVER AND ITS
TRIBUTARIES; ESTABLISHING A NEW MINIMUM HEIGHT OF FOUR
FEET (4') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS
AND BULKHEADS FOR THOSE PROPERTIES FRONTING THE MIAMI
RIVER AND ITS TRIBUTARIES; PROVIDING FOR A VARIANCE
PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING
FOR A DEFINITION AND PERMITTING CONSTRUCTION OF LIVING
SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS
TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND
TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH
SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO
ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY; PROVIDING
FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL
TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR
RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS
City of Miami Page 1 of 15 File ID: 7338 (Revision: C) Printed On: 41612021
File ID: 7338
Enactment Number: 13980
UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP;
PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE
FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR
DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION
THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS
WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW
SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR
SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO
PRESENT SPECIFICATIONS PROMULGATED BY THE DEPARTMENT
OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING
CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND
INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH
THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF
SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE
COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO
THE DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO
CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING
CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS
AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND
OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS,
REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM
HEIGHT FOR NEW AND RECONSTRUCTED SEAWALLS AND
BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE
CITY'S EXISTING PLATTING PROCESS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Joe Carollo,
Commissioner Manolo Reyes
WHEREAS, the proposed changes in this Ordinance clarify the requirements for the
existing process for the implementation, construction, and maintenance of bulkheads,
seawalls, and other shoreline improvements; and
WHEREAS, the proposed changes in this Ordinance provide for effective natural
measures to protect and stabilize the City of Miami's ("City") waterfronts by permitting living
shorelines; and
WHEREAS, it has been determined that changes to the standards for bulkheads
and seawalls are required to mitigate high tide flooding associated with sea level rise; and
WHEREAS, the City Commission wishes to provide for enhanced minimum
requirements for bulkheads and seawalls in a manner that assists in combatting the effects
of sea level rise and to enhance flood damage protection; and
WHEREAS, living shorelines can provide a natural alternative to "hard" shoreline
stabilization methods like riprap or bulkheads and provide numerous benefits including
nutrient pollution remediation, essential fish habitat structure, and buffering of shorelines
from waves and storms; and
City of Miami Page 2 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
WHEREAS, the City Commission wishes to provide relief to those property owners
with seawalls and bulkheads in disrepair that are found to be in violation of the Code of the
City of Miami, Florida, as amended ("City Code"), provided that diligent progress is made
towards repair and reconstruction of the same in accordance with the standards found
herein; and
WHEREAS, the proposed changes in this Ordinance do not create a duty to
reconstruct or repair any seawall, bulkhead, or other shoreline protection that may be
substandard or not constructed to current standards but does not allow for flooding of
adjacent properties or the public right-of-way; and
WHEREAS, the proposed changes in this Ordinance will result in a more resilient
waterfront for the City; and
WHEREAS, these proposed changes include the opportunity for property owners to
obtain variances to prevent hardship while ensuring the goals of this Ordinance are met;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code, titled "Flood Damage Prevention," is amended
in the following particulars:'
"CHAPTER 20.
FLOOD DAMAGE PREVENTION
Sec. 20-1. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
NAVD 88: The North American Vertical Datum of 1988 is the vertical control datum
established in 1991 by the minimum -constraint adjustment of the Canadian -Mexican -United
States leveling observations which was affirmed in 1993 as the official vertical datum in the
National Spatial Reference System ("NSRS") for the Conterminous United States and Alaska.
' 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 Page 3 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
Sec. 20-3. Development in either special flood hazard areas, or nonspecial flood hazard areas.
For all development within special flood hazard areas and nonspecial flood hazard areas, the
building official or his/her designee shall:
(6) Require a lowest floor elevation certificate or floodproofing certification, after the lowest
floor is completed or in instances where the structure is subject to the regulations applicable
to coastal high hazard areas, after placement of the horizontal structural members of the
lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction
means, or upon placement of the horizontal structural members of the lowest floor,
whichever is applicable, it shall be the duty of the permit holder to submit to the city a
certification of the lowest floor, floodproofed elevation, or the elevation of the lowest portion
of the horizontal structural members of the lowest floor, whichever is applicable, as built, in
relation to mean sea level and as measured in reference to NAVD 88. Said certification shall
be prepared by or under the direct supervision of a registered land surveyor or professional
engineer and certified by same. When floodproofing is utilized for a particular building, said
certification shall be prepared by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to submission of the certification
shall be at the permit holder's risk. The city shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed. Failure to
submit the survey or failure to make said corrections required hereby, shall be cause to issue
a stop work order for the project.
Sec. 20-4. Development within special flood hazard areas.
(b) No new construction or substantial improvement of any nonresidential structure shall be
permitted in special flood hazard areas, and no building permit referred to in section 20-3 of
this chapter shall be issued therefor, unless said new construction or substantial
improvement has the lowest floor (including basement) elevated to or above the level of the
base flood (100-year flood), or if the lowest permitted floor level of such nonresidential
structure (including basement) is below the base flood level then such nonresidential
structure together with attendant utility and sanitary facilities shall be floodproofed up to one
foot above the level of the base flood; provided that the lowest flood level of such
nonresidential structure (including basement) shall be not more than ten feet below the base
flood level. Where floodproofing is utilized for a particular structure, a registered professional
engineer or architect shall certify that the floodproofing methods are adequate to withstand
the flood depth, pressures, velocities, impact and uplift forces associated with the base flood,
and a record of such certificates indicating the specific elevation (in relation to mean sea
level and as measured in reference to NAVD 88) to which such structure is floodproofed
shall be maintained with the building official or his/her designee.
*„
City of Miami Page 4 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
Section 3. Chapter 29 of the City Code, titled "Landfills and Waterfront Improvements,"
is amended in the following particulars:'
"CHAPTER 29.
LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE III. - BULKHEADS, SEAWALLS, LIVING SHORELINES, PIERS, DOCKS,
GROINS, MARINE RAILWAYS, AND OTHER SIMILAR STRUCTURES
Sec. 29-81. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section. Definitions other than those given herein shall
be as set forth in the Seuth Florida Building Code.
Building code: The most current adopted version of the Florida Building Code at the time
of permit application.
Building department: The building department of the city, or the director of such
department, used interchangeably.
Bulkhead: A vertical or near -vertical, substantially impermeable structure erected along
water or a waterway, designed and constructed in such manner as to be substantially
impermeable and safely sustain any loads, both vertical and lateral, that may come upon it,
such as earth fill, water, moving traffic, storage of materials alongside, and the like. Coastal
Bulkheads are most often referred to as Seawalls; however, by definition, they are intended to
act as a shoreline stabilization structure that primarily retains soil and provides minimal
protection from waves.
Bulkhead line: An official line established by a governmental agency along or near the
shore for the purpose of controlling the waterfront alignment of structures.
Department of Resilience and Public Works: The Resilience and Public Works
Department of the City, or the Director of such Department, used interchangeably.
Engineer: A professional engineer certified competent and licensed by the state of
Florida.
Gravity -type wall: A structure whose resultant of acting forces falls within the middle third
of the base. Rock -type or Riprap walls shall be included in this category when the base width
equals or exceeds the height of the wall.
Living Shoreline: A green infrastructure technique using native vegetation alone or in
combination with low sills (such as low elevation Seawalls or Bulkheads) to stabilize the
shoreline as a natural alternative to "hard" shoreline stabilization methods like Riprap or
Bulkheads. Living Shorelines may be more resilient than Bulkheads in protecting against the
effects of hurricanes. A Living Shoreline may have its waterside face consist of plants and
other natural elements that improve water quality, provide additional fish habitat, and fosters
increased biodiversity Drovided that the landside interface of a Livina Shoreline be
City of Miami Page 5 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338 Enactment Number: 13980
Substantially Impermeable and constructed to a finished elevation that meets current
requirements as set by the Department of Resilience and Public Works. The landside interface
may be located anywhere on an existing property fronting the Living Shoreline, as long as it is
constructed in a manner and location that ensures any habitable structures on that property are
protected from flooding from Tidal Waters and it prevents flooding of adjacent properties and the
public right-of-way.
NAD 83 (2011): A geometric datum/coordinate system for collection of positions relative
to an ellipsoid model of the Earth. The current horizontal datum for the United States and its
territories is effectively part of a geometric datum and it is called the North American Datum of
1983. The current realizations of NAD 83 were adopted in 2012 following the completion of
the National Adjustment of 2011 fi.e. "NAD 83 (2011)"l.
NAVD 88: The North American Vertical Datum of 1988 is the vertical control datum
established in 1991 by the minimum -constraint adjustment of the Canadian -Mexican -United
States leveling observations which was affirmed in 1993 as the official vertical datum in the
National Spatial Reference System ("NSRS") for the Conterminous United States and Alaska.
Riprap: A foundation of unconsolidated boulders, stone, concrete, or similar materials
placed on or near a shoreline to mitigate wave impacts and prevent erosion.
Seawall: =sseRt+ally the sa,,,aas head— A vertical or near -vertical, Substantially
Impermeable structure that provides shoreline protection from waves while retaining upland
soils. Seawalls are typically located on the coast fronting beaches or other Tidally -Influenced
waterways and are subject to storm surges with pounding surf, eroding shorelines, and wave
overtopping from coastal storm or extreme high tide events. The elevation of the top of a
Seawall must comply with the current minimum finished elevation requirements as set by the
Department of Resilience and Public Works to ensure protection of the surrounding properties
and the public right-of-way from flooding associated with currently realized and expected
future sea level rise.
Substantially Impermeable: Any shoreline protection constructed, repaired, or
reconstructed pursuant to this Section in a manner that prevents groundwater on the landward
side of the structure from being affected by Tidal Waters passing through the wall. As Tidal
Waters rise, the groundwater elevation behind the wall shall remain relatively static in order to
be considered Substantially Impermeable.
Tidal Waters: Any water that alternately rises and falls in a predictable and measurable
rhythm or cycle due to the gravitational attraction of the moon and sun, including seasonal tide
events such as King Tides. Extreme tidal elevation changes caused by a storm event (i.e.
storm surge) is not to be used as a determining factor of whether or not an existing shoreline
protection structure is in violation of the City's maintenance requirements.
Tidally -Influenced or Tidally -Influenced Areas: Any water -fronting land area where water
levels change in response to daily changes in Tidal Waters or the change in the water levels
itself in response to daily changes in Tidal Waters.
Sec. 29-82. - Purpose of article.
The purpose of this article is to protect the public's health, welfare and safety by setting
minimum standards to be used in the design, construction and maintenance of waterfront
structures; further, to accomplish this purpose by requiring such design, construction and
maintenance to be acceptable in all respects and particulars to the building and Resilience
City of Miami Page 6 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338 Enactment Number: 13980
and Public Works Departments; and lastly, to ascertain that all physical improvements
included herein are subject to and admit of rational analysis in accordance with established
principles of mechanics and accepted engineering practices. This article shall be deemed to
supplement the provisions of the Seth -Florida Building Code.
Sec. 29-83. - Permits for waterfront improvements —Required.
No waterfront improvement or structure shall be constructed, reconstructed or repaired until a
permit authorizing such construction, reconstruction or repair has been obtained from the
building department. No such permit shall be issued for any new construction or improvement
or repair to an existing improvement or structure which is deemed,__661196tandard by the director
of the building department to be substandard or not in compliance with the Department of
Resilience and Public Works' Design and Construction Standards. If a property owner who is
required to repair or replace a Seawall, Bulkhead, Living Shoreline, or other shoreline protection
structure/element due to the existing structure being in disrepair or allowing Tidal Waters to
flood the public right-of-way and/or neighboring properties can demonstrate an extreme financial
hardship related to the costs associated with such work, then the City Manager's designee may
consider such hardship on a case -by -case basis and elect to waive a portion of or all fees
associated with the permitting required by the City for such construction taking into account the
following criteria:
(a) The property owner's income as evidenced by prior years' income tax returns for as
many years as requested by the City Manager's designee; and
t The property owner's general ability to pay or finance the required improvements without
causing an undue economic hardship.
Sec. 29-84. - Same —Application.
(a) Generally. Permits required by this article s4a74 be applied for either by the owner -builder
or by a licensed contractor certified in a proper category and having a bona fide contract with
the owner to perform such work. AppliGatiGR m;rde i,r,on a suitable form r,reyided by
Oho Ri iilr-lino Department
(b) For improvements of $5,000.00 or more. For new construction or repairs amounting to
$5,000.00 or more in value, throe Genies of the certified/signed and sealed plans shall be
submitted with the application, which plans shall include the following information, at a
minimum, except as to any item which may be waived in writing by the Building department:
(1) A current (less than one (1) year old) certified/signed and sealed survey ccL�etGhT
drawing of the property upon which the improvement is to be made, generated based
on NAD 83 (2011) and NAVD 88 horizontal and vertical datums and showina
sufficient topographic information to determine the impacts of the proposed
improvements to the adjacent private and public lands.
(5) Soundings and pertinent elevations and horizontal locations of the proposed
structures shall be shown and referred to using NAVD 88 for vertical and NAD 83
(2011) for the horizontal datums. mean lew water NatieRal Geedetin VertoGal Dat, ,m
as defirlerd OR sentOOR 20 1 of the Git y Cede (°Nr'_VD")
(6) Seawalls, Bulkheads, and Living Shorelines must be provided with specific
purpose surveys certifying the alignment and elevation of the top of wall or Bulkhead
line with elevations spaced at a maximum of ten foot (10') intervals showing the
hiahest and lowest elevations of the barrier and clearlv identifvina the location and
City of Miami Page 7 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
elevation of the structure/barrier at each property corner. Elevations of adjacent
properties and public rights -of -way must also be provided to ensure proper
harmonization is provided between the proposed barrier with the surrounding lands.
(67) The name and address of the owner and property tax folio number(s) of the
propertyLitL upon which the improvements is are to be made or constructed.
(78) A construction cost estimate of the proposed improvement substantiated by a
fully executed construction contract or validated and attested to by a licensed
professional engineer.
(69) The signature and seal of the engineer designing the improvements.
(910) The engineer's design computations, when required by the Building
Department.
(c) For improvements less than $5,000.00. For construction or repairs less than $5,000.00 in
value, throe GGP;eS nf+ho certified/signed and sealed plans shall be submitted with the
application, which plans shall include the following information, at a minimum, except as to
any item which may be waived in writing by the Building department:
(1) A current (less than 1 year old) certified/signed and sealed survey sketskh drawing
of the property upon which the improvement is to be made, generated based on NAD
83 (2011) and NAVD 88 horizontal and vertical datums and showing sufficient
topographic information to determine the impacts of the proposed improvements to
the adjacent private and public lands.
(4) Arrangement and structural details in the plan, section, and elevation views
sufficiently expanded to serve as construction drawings.
(4}L�LA cost estimate of the proposed improvement substantiated by a fully executed
construction contract or validated and attested to by a licensed professional engineer.
(66ZThe signature and seal of the engineer designing the improvement
(67ZThe engineer's design computations, when required by the building department
Sec. 29-89. - Design.
(a) Design analysis. Responsibility for proper design rests with the engineer who
prepares the plans. Each improvement shall be designed to support all loads that
may come upon it, to withstand the forces of water, wind and usage; and to meet the
specific requirements of the building department and/or Department of Resilience and
Public Works for location, elevation, and construction.
(1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut,
marine, railway or other related structure included in this article shall admit of rational
analysis in accordance with well -established principles of mechanics and sound
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Enactment Number: 13980
engineering practices, and without exceeding the allowed stresses for the various
materials as specified in the Florida Building Code.
(2) Bulkheads and Seawalls. Bulkheads and Seawalls and all parts thereof must be
designed to support the estimated or actual imposed load, either dead, live or any
other, both during construction and after the completion of such bulkhead or Seawall.
Seawalls, Bulkheads, and any other shoreline protection structures or elements shall
be designed and built in a Substantially Impermeable manner pursuant to the current
Department of Resilience and Public Works' Design and Construction Standards to
prevent water from flowing through or over the Seawall/shoreline protection while still
allowing for the release of hydrostatic pressure from the upland direction. The
elevation of the top of a Bulkhead must comply with the current minimum finished
elevation requirements as set by the Department of Resilience and Public Works. In
cases where the proximity of an existing structure/building or functional requirement
prevents the ability of an existing Bulkhead or Seawall to be raised to current minimum
finished elevation requirements, an alternate method of constructing a wall or other
Substantially Impermeable protection structure/element may be proposed to and
considered for acceptance by the Department of Resilience and Public Works pursuant
to the variance process outlined in Section 29-89(a)(6) of the City Code. Any alternative
to constructing a Bulkhead or Seawall at the current property/shoreline interface must
be designed for and constructed on the same property fronting the shoreline in a
manner and location that prevents flooding from Tidal Waters to adjacent properties
and the public right-of-way.
(3) Terrace -type wall. Subject to certain types of conditions of the site or location of
the improvement, step -type bulkheads or terrace -type walls will be permitted.
(4) Waterfront properties. For all Tidally -Influenced Areas and waterfront properties,
owls+ of 112- , except those fronting the Miami River and its tributaries, the top
elevation of FeW seawalls, Bulkheads, Living Shorelines, or other shoreline protection
structures or elements shall be constructed to a minimum elevation of ;4t +5 DO
NGVF) six feet (6') NAVD 88., 'f II,/".' tee neFth of the RiGke Y1baGkoY (:;41 ico nip i and Set
at i6 n0 nlGVID of IeC-a+c ed 6Au+crr-h cf the GkeF1�Eke�seway.The +�eleyat+e of
Rew seawalls feF these wateFfFORt pFopeFties fFGFItiFIg the Miami RiveF shall be set OR
aEEeFdaREe-with seEtiGR 54-46-efthe Gity Code The top elevation of new seawalls,
Bulkheads, Living Shorelines or other shoreline protection structures or elements
fronting the Miami River or its tributaries shall be constructed to a minimum elevation
of four feet (4') NAVD 88 with the same being designed and constructed with the
ability to be incrementally raised a minimum of two feet (2') above their initial
designed and constructed elevation to mitigate high tide flooding associated with
realized and additional sea level rise through the year 2070. An application for a
permit required by this Article shall be accompanied by a proposed plan for
incremental improvements through the year 2070 demonstrating the ability for the
permitted improvement to be incrementally raised through 2070 as well as
appropriate modification details, to include load calculations, demonstrating the
capability of being raised a minimum of two feet (2') above the minimal elevations. All
such structures or elements must be designed and constructed in accordance with
the Department of Resilience and Public Works' Design and Construction Standards.
This criteria applies fe+ to new construction or when substantial improvements to a
property are performed. This subsection is not to be interpreted to impair the
obligation of contracts, including without limitation, restrictive covenants or deed
restrictions, under the Constitution of the state.
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(5) Substantial repairs/improvements of Seawalls and Bulkheads. Seawall and
Bulkhead improvements meeting the substantial repair threshold at the time of permit
application must meet the requirements of Section 29-89(a)(4) of the City Code and
the Department of Resilience and Public Works' current Design and Construction
Standards and minimum finished elevation requirements for the length of the
property. For the purposes of this Section, the substantial repair threshold shall be
defined as any Seawall or Bulkhead repair consisting of 50% or more of the current
length of the existing barrier, any repairs that are 50% or more of the cost of a new
Seawall or Bulkhead along the length of the existing barrier or property shoreline, or
any improvement to the Seawall or Bulkhead which results in an elevation change
alona 50% or more of the lenath of the structure.
6) Reauests for finished elevation variance. Proaerty owners may reauest a variance
to the following:
(a) The requirement that Seawalls, Bulkheads, Living Shorelines, and other
shoreline protection structures be elevated to the current minimum elevation
reauirements in Section 29-89(a)(4) of the Citv Code by usina an alternative
method of construction Dursuant to Section 29-89(a)(2) of the Citv Code:
(b) The requirement for incremental raising of Seawalls, Bulkheads, Living
Shorelines, and other shoreline protection structures be able to be
incrementally raised, including furnishing the required report demonstrating
the same pursuant to Section 29-89(a)(4); and / or
(c) The requirement that that Seawalls, Bulkheads, Living Shorelines, and
other shoreline protection structures be elevated to the current minimum
elevation requirements in Section 29-89(a)(4) of the City Code by using an
alternative method of construction pursuant to Section 29-89(a)(2) of the City
Code for single-family homes to ensure the safe dockage of boats.
Said variances may be granted due to extenuating conditions or circumstances
peculiar to their properties provided the property owner can demonstrate that a
proposed new or reconstructed Seawall, Bulkhead, Living Shoreline, or other
shoreline protection structure/element is capable of preventing flooding of the public
right-of-way or the neighboring public or private properties despite issuance of the
variance. The City Manager's designee may consider such request for a variance and
impose such conditions as needed to prevent any potential present or future adverse
effects from the granting of the same. A variance, if approved, does not absolve a
Property owner from responsibility to prevent Tidal Waters from flowing overland or
through the above -mentioned improvements to adjacent properties or the public right-
of-way pursuant to Section 29-95 of the City Code.
The denial of any variance may be appealed within 30 days after receipt of written
request from the applicant to 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, the Director of the Department of Building, and an Assistant
City Manager. The applicant shall have the right to present its position to
the review committee which shall review the City Manager's designee's denial of the
variance. The committee, by a 3/4ths vote, shall either affirm the City Manager's
designee's denial of the variance or reverse the decision. The committee shall, in
determining whether City Manager's designee's denial was reasonable, determine if
the denial of the variance was necessary to meet the intent of the Article. If the review
committee votes to reverse the decision of the Citv Manaaer's desianee and arant the
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Enactment Number: 13980
variance, the review committee may impose any conditions necessary to meet the
intent of this Article in the same manner in which the City Manager's designee could
have had the variance been initially approved. The decision of this committee, which
shall be rendered within 30 days after conclusion of the hearing, shall be final.
Sec. 29-91. - Construction.
(b) Alignment. The alignment of a bulkhead or Seawall shall be closely controlled. The
bulkhead or Seawall shall be constructed entirely on privately owned property unless
otherwise approved by the entity or agency controlling the property upon which the bulkhead
or Seawall is to be constructed, and the alignment shall not deviate more than two inches
from the designated alignment. The face of the bulkhead or Seawall shall not in any case
protrude beyond the established bulkhead line or the line shown on the plan approved by the
Building Department.
(h) Caps. Bulkheads and Seawalls shall be capped. The cap shall be reinforced concrete.
The use of the cap as a street curb shall be avoided, but if such function is permitted by the
building department, the cap shall be designed for a live load of 500 pounds (minimum) per
lineal foot of cap, applied laterally, in addition to any other loads, dead or live, that may come
upon it, and shall have a guardrail where required by the building department.
Sec. 29-92. - Materials.
Permanent materials shall include concrete, steel, stone masonry construction, fiber
reinforced or high-performance plastics, or any combination of the same. Other materials not
specifically covered herein may be permitted, subject to the approval of the building
department. Reinforced concrete shall be of the materials, proportions, strength and
consistency set forth in the Florida Building Code, as also shall the materials, design and
fabrication in the erection of steel.
Sec. 29-94. - Procedure for inspections.
(a) Inspection of work in progress on waterfront improvements shall be carried out as set forth
in the building code, according to the following sequence:
(6) Sheet pile or pre -cast wall panel installation for Bulkheads or Seawalls after
placement of sheet piling/wall panels, joint water proofing materials, and weep hole
one-way valves (where applicable) but before the voids behind the wall are filled and
concealed from view.
City of Miami Page 11 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338 Enactment Number: 13980
Sec. 29-95. - Maintenance.
All property owners must maintain their Seawalls, Bulkheads, Living Shorelines, or other
shoreline protection structures or elements in good repair. A shoreline protection structure is
presumed to be in disrepair if it allows for upland erosion, transfer of material through the
barrier/wall, or allows Tidal Waters to flow unimpeded over or through the barrier/wall to
adjacent properties or the public right-of-way. Property owners with Seawalls, Bulkheads,
Living Shorelines, or other shoreline protection structures or elements below the minimum
required finished elevation, with permeable erosion barriers such as Riprap or a land/water
interface of another nature, are prohibited from allowing Tidal Waters entering their property to
flow to adjacent properties or public rights -of -way. Privately owned waterfront improvements
shall be privately maintained, even though a portion of the improvement may extend into
publicly owned land. Failure by the owner to keep the above -mentioned improvements in a
state of repair acceptable to the building department or failure to prevent Tidal Waters from
flowing overland or through the above -mentioned improvements to adjacent properties or the
Public right-of-way shall be subject to enforcement as set forth in chapter 2, article X of the
City Code, entitled "Code enforcement," and may be brought for further proceedings before
the code enforcement board. Repairs or construction of improvements to correct any violation
of this Article must meet the requirements of Section 29-89(a)(4) of the City Code and the
Department of Resilience and Public Works' current Design and Construction Standards and
minimum finished elevation requirements for the length of the property. Upon citation for
noncompliance of this Section, the owner of the property on which the improvements that are
in disrepair or are allowing the flow of Tidal Waters over or through it to adjacent properties or
Public rights -of -way is required to begin abating such condition within 180 days by retaining a
licensed contractor to apply for a building permit and diligently pursue issuance of the same to
begin repairs within 18 months and to complete repairs with all applicable permits finalized
within 24 months from the date of the citation. However, for those improvements designed to
be incrementally raised in accordance with Section 29-89(a)(4) of the City Code, it is required
to begin repairs within 12 months and to complete repairs with all applicable permits finalized
within 18 months from the date of the citation.
The Department of Resilience and Public Works is permitted to extend these timelines in six
(6) month increments upon good cause shown and reasonable progress towards compliance
being diligently pursued by the property owner. Reasonable progress towards compliance
may include, but is not limited to, hiring a licensed contractor, submitting a building permit
application, diligently pursuing the issuance of a building permit with the applicable
departmental disciplines charged with review of the same, and any acts evidencing progress
towards the actual construction of the repaired or new improvements. Should the property
owner adhere to the timeframes set forth in this Section (including any extensions granted by
the Department of Resilience and Public Works), then notwithstanding the provisions of
Section 2-817(d) of the City Code, the property owner shall be entitled to a complete
mitigation of any fines accrued pursuant to this Section. The foregoing shall not be an
exclusive remedy and the city may at its option additionally institute a civil action to enforce
the provisions in this chapter.
*„
Section 4. Chapter 54 of the City Code, titled "Streets and Sidewalks," is amended in
the following particulars:'
"CHAPTER 54
City of Miami Page 12 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338 Enactment Number: 13980
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR
Sec. 54-46. - Agreement and bond as to paving and other improvements by persons submitting
plats, replats, etc., to commission.
All persons submitting any proposed plat, replat, revised plat, amended plat, or resubdivision
of any previous record plat or portion thereof of real estate in the city, to the city commission
for its acceptance and conformation, are hereby required to accompany any such proposed
plat with a suitable agreement entered into by such person with the director of the Department
of resilience and public works on behalf of the city, providing for the construction of any or all
of the following improvements, as shall be specified by the Department of resilience and
public works depTin its engineering report on the proposed plat:
(1) The construction within the platted area of permanent -type street pavement, including
grading and fill as required, sidewalk, curb and gutter, parkways, storm drainage structures,
sanitary sewers, water mains and services in connection therewith, and other improvements
where the proposed use and location make such improvements necessary.
(2) The construction of permanent -type bulkheads, Seawalls, Living Shorelines, banks,
berms, or any other appurtenant coastal infrastructure being constructed to protect the
upland areas from Tidal Waters, storm surges, or any other sort of Tidally -Influenced water
intrusion along the shoreline, canal, river embankment, or harbor line of any watercourse
contiguous to the area platted, as follows:
a. Permanent -type bulkheads, Seawalls, Living Shorelines, or other shoreline
protection structures or elements as defined in Section 29-81 of the City Code shall
be constructed to a minimum elevation of +5.00 Foe+ n GVD six feet (6') NAVD 88
along all Tidally -Influenced Areas as the same is defined in Section 29-81 of the City
Code except for those waterfront properties fronting the Miami River and its
tributaries which must be constructed to a minimum elevation of four feet (4') NAVD
rovers and Rals and a'GRg he sheFeliFle eF haFbeF limo Of BiGGaY 1e Bay. rra�cr�crC-a trr�. vnvr acaync-outAll such
protective structures/elements must be designed and built in a substantially
impermeable manner, certified/signed and sealed by a civil/structural engineer
registered in the State of Florida, and provided with the appropriate modification
details to be capable of being raised to a minimum of two feet (2') above their initial
designed and constructed elevation to mitigate high tide flooding associated with
realized and additional sea level rise through the year 2070 as well as appropriate
modification details, to include load calculations, demonstrating the capability of being
raised a minimum of two feet (2') above the minimal elevations. All such structures
must be designed and constructed in accordance with the Department of Resilience
and Public Works' Design and Construction Standards. RE)Fth of the RiGkeRbaGke+
Causeway. PeFrnaReFlt type bulkheads fFE)FItiRg t - lia...' Rive. shall be geveFRed by
subseGtOGR 54 46(2)n
City of Miami Page 13 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
\IM
b. The filling of land within any platted area contiguous to Biscayne Bay and all new
or future islands or enlarged existing islands in Biscayne Bay must be constructed to
a minimum, settled elevation of six feet (6') NAVD 88. Dermanent_type b ilkhearlc
�� e l l huir�cei� t8 minima , m etwiutM A n o f T�et I %\ / rl I n n g t �n ec Ir�i�nrc
nr h;rhnr lino of BiSGayRe Rw sm ith of the RinLenhanLer G 616eWay, and arGi Ad al
ne�ni nr fiHt1 ire islapds nr enlarged) evicting BiSGayRe Rays
LL4�Adequate drainage by grading or filling of the land within the platted area to the level of
the street grades established by the Department of resilience and public works departmeRt
or the flood grade established and recorded on maps of Miami -Dade County, whichever is
higher; provided that swale areas shall be used at the rear of lots when the nature of
drainage conditions make them necessary for proper seepage of water in the substrata.
Where fill is required, the fill material shall not contain any rubbish, tree stumps, debris, muck
or other objectionable material. In development projects, where sentid• tanks and) drainfields
may be required, the fill material must also be sufficiently permeable to meet standard
percolation test requirements.
Areas which will become public rights -of -way shall contain fill material which conforms to the
standard specifications of the city for the construction of streets.
Upon completion of the improvements, the performance bond, irrevocable letter of credit, or
cashier's check hereinafter provided for shall not be released unless the permanent reference
monuments indicated on the plat have been placed on the ground at the expense of the owner
of the platted land and verified by the Department of resilience and public works deN ;t.
*„
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
2 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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 14 of 15 File ID: 7338 (Revision: C) Printed on: 41612021
File ID: 7338
Enactment Number: 13980
APPROVED AS TO FORM AND CORRECTNESS:
r r
EAt6ria-i dez, ity ttor ey 411412020 i ria dez, 6ty ttor ey 5/18/2020
1
ria i "ndez, C ity Attor iey 611612020 Barnaby L. Min, Deputy City Attorney 3/16/2021
City of Miami Page 15 of 15 File ID: 7338 (Revision: C) Printed on: 41612021