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Home My WebLink AboutO-12788City of Miami Legislation Ordinance: 12788 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00272 Final Action Date: 4/6/2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-10 OF SAID CODE, ESTABLISHING A PROCEDURE TO ALLOW THE ISSUANCE OF BUILDING PERMITS UPON THE APPROVAL OF A TENTATIVE PLAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, 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 establish a procedure to allow the issuance of building permits upon the approval of a tentative plat; 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 55-10 of the City Code, entitled "Subdivision Regulations/Building permits; issuance; restrictions; exceptions," further amended in the following particulars:{1} "Chapter 55 * *********** SUBDIVISION REGULATIONS * *********** Sec. 55-10. Building permits; issuance; restrictions; exceptions. * *********** City of Miami Page 1 of 3 File Id: 06-00272 (Version: 31 Printed On: 1/6/2017 File Number: 06-00272 Enactment Number: 12788 (h) A building permit may be issued for construction of improvements on private property located within Community Redevelopment Agency ("CRA") Districts or on governmental agency -owned land within the boundaries of an approved tentative plat prior to final plat approval and recordation thereof, subject to (1) completion and approval, by City Commission Resolution, of the rights -of -way and platted easements vacation and closure procedure as set forth in section 55-15, if applicable, and (2) submittal of an opinion of title from an attorney member of the Fund in a form acceptable to the City Attorney and (3) execution of the subdivision improvements agreements and any development agreements warranted by the city and (4) the recording of an agreement executed by the private property owner or the governmental agency, the developer and the city, at the private property owner's or the governmental agency's expense. The provisions of the agreement shall include, as applicable, but not be limited to the following : (1) Payment of all actual or estimated permit and other applicable regulatory fees associated with the improvements to the city prior to issuance of any building permits. (2) Acknowledge they are proceeding at their own risk and acknowledge that they will not make a vested/property rights claim or cause of action arising or accruing by virtue of these exceptions and agree to indemnify, defend, and hold harmless the city, and, when applicable, post a payment and performance bond for the city in connection with the improvements on the tentative plat. (3) Agree to immediately cease all construction and relinquish any and all rights to improvements constructed on the property to the governmental agency in the event that the plat is not recorded within the recordation period, as defined in subsection (10), below, and thus allowing the city to withdraw from the payment and performance bond. (4) Acknowledge that nothing in the agreement shall prejudice the city's right to impose conditions on approval of the plat which are required by state, county, and/or city plat ordinances and zoning regulations or are otherwise necessary to ensure the public health, safety and welfare of the citizens of the city; nor shall the city be estopped from enforcing the terms of the agreement by reason of its issuance of building permits. (5) Agree that the issuance of building permits is not a grant of any vested right whatsoever to the governmental agency or developer to use to complete construction of the project within the boundaries of the plat. (6) Acknowledge that a temporary certificate of occupancy or a certificate of occupancy shall not be issued, unless and until the governmental agency or developer obtains final plat approval and records the final plat in the official records of Miami -Dade County, Florida, within the recordation period, as defined in subsection (10), below. (7) Acknowledge that the condition of subsection (6), above, shall appear on the face of any and all building permits issued by the city pursuant to the agreement. (8) Acknowledge that any building permits issued by the city for construction of the improvements will be issued in accordance with all applicable laws and the terms and conditions set forth in the agreement. (9) Acknowledge that the city reserves the right to evaluate all applications for building permits for compliance with all existing laws, ordinances and regulations controlling the issuance of building permits for construction within the city. (10) Acknowledge that the date to obtain city final plat approval and recordation of the plat in the official records of Miami -Dade County, Florida, the "recordation period," is the same as the expiration date set forth in the tentative plat approval. (11) In the event that the governmental agency or developer does not record the plat by the expiration of the recordation period, the governmental agency and developer agree to immediately City of Miami Page 2 of 3 File Id: 06-00272 (Version: 31 Printed On: 1/6/2017 File Number: 06-00272 Enactment Number: 12788 cease all construction activities on the property and to relinquish any and all rights to any improvements constructed thereon to the governmental agency; or if requested by the city, to forthwith remove the improvements within three months of the expiration of the recordation period. The governmental agency and developer agree the city shall not be held financially responsible to the governmental agency, developer or any third parties in connection with any actions taken in accordance herewith. The city will also be able to withdraw from the payment and performance bond, when applicable. (12) The governmental agency and developer agree to indemnify, defend, and hold harmless the city from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising out of or in connection with the agreement, the granting of any building permits or any part thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments or decrees which may be entered in from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. The governmental agency and developer agree to also post a payment and performance bond in favor of the city for the amount of the project, when applicable. (13) Ajoinder by any mortagee or any other person or firm having encumbrance of record on the property. Notwithstanding the foregoing, as to development of private property located within the CRA districts within the city, a building permit may be issued only upon the Executive Director of the CRA and the director of the city department of public works, ach (1) making written findings that the proposed development is consistent with and furthers the redevelopment purposes of Chapter 163, recommending the issuance of the building permit. * * * * * * * * * * * * II Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of 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 (30) days after final reading and adoption thereof.{2} 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 Miami Page 3 of 3 File Id: 06-00272 (Version: 31 Printed On: 1/6/2017