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HomeMy WebLinkAboutLegislationr City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, EL 33133 www.ci.miami.fl.us Final Action Date: File Number: 05-01495 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/SAME-PROCEDURE- CONFERENCE AND TENTATIVE PLAT," BY LENGTHENING THE PERIOD OF TENTATIVE BILITY CLAUSEOVAL; AND PROVIDIINING A REPEALER NG FOR AN EFFECTIVE DATE. A SEVERABILITY the volume of tentative plats received by the City of Miami ("City") has increased greatly as a result of the development boom; and WHEREAS, more time is required to process tentative plats and to forward them as final plats to the City Commission for acceptance; and WHEREAS, providing for a tentative plat approval period of one (1) year and three (3) months, instead of the current approval period of one (1) year, will provide additional time to process plats for City Commission acceptance; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City and its inhabitants to amend the Code of the City of Miami, Florida, as amended ("City Code"), to lengthen the period of tentative plat approval; 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 55/Section 55-7, of the City Code, entitled "Subdivision Regulations/"Same-Procedure-Conference and tentative plat," is further amended in the following particulars: {1} "Chapter 55 SUBDIVISION REGULATIONS Sec. 55-7. Same -Procedure -Conference and tentative plat. (e) Approval of tentative plat. Approval and -recommendation of the tentative plat by the plat and City of Miami Page 1 of 2 Primed On: 12/27/2005 File Number: 05-01495 street committee shall be valid for a period of one year and three months under the terms and conditions stipulated by the committee for said approval, except for governmental entities and agencies, for which the approval and recommendation of the plat and street committee, subject to the terms and conditions stipulated therein, shall be valid for a period of two years, in the event that the subdivider does not submit a final plat and receive commission approval within the above -specified time limit, the tentative plat shall be deemed abandoned, and to obtain commission approval of a final plat the subdivider shall resubmit the tentative plat or a new tentative plat with a new application and payment of the required fees. A subdivider may request an extension of time in which to file a final plat by submitting a written request, prior to the expiration of the tentative plat, to the director of the public works department, stating that the subdivision is located in a "critical sewer area" as designated by Dade County department of environmental resources management and, due to the sanitary sewer connection moratorium in effect in the "critical sewer areas," that the subdivider cannot obtain required water and sewer agreements from the Dade County water and sewer authority department. Any extension granted pursuant to this section shall be for the duration of the sanitary sewer connection moratorium plus 90 days." Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provision of this Ordinance are repealed. Section 4. 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 5. This Ordinance shall become effective thirty days after final reading and adoption thereof. {2) APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} 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. {2) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 Miuuti Page 2 ref 2 Printed On: 12/27/2005