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HomeMy WebLinkAboutO-13315City of Miami Legislation Ordinance: 13315 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00072 Final Action Date: 3/8/2012 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES," BY ASSIGNING ADMINISTRATIVE RESPONSIBILITIES FOR SAID ARTICLE TO THE CITY OF MIAMI BUILDING DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 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 of Miami and its citizens to amend the Code of the City of Miami, Florida, as amended ("City Code"), to assign administrative responsibility for bulkheads, seawalls, piers, docks, groins, marine railways and other similar private structures, including the issuance and regulation of building permits to the City of Miami Building Department; 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 fully set forth in this Section. Section 2. Chapter 29/Article III of the City Code entitled "Landfills and Waterfront Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and other similar structures" is amended in the following particulars: {1} "CHAPTER 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES. Sec. 29-81. Definitions. Building Code: The South Florida Building Code. City of Miami Page 1 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017 File Number: 12-00072 Enactment Number: 13315 Department: The public works building department of the city, or the director of such department, used interchangeably. Engineer: A professional engineer certified competent and registered licensed by the state. 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 accomplished in all respects and particulars to the public works building department; 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 South Florida Building Code. Sec. 29-83. Permits for waterfront improvements - Required. No waterfront improvement shall be constructed, reconstructed or repaired until a permit authorizing such construction, reconstruction or repair has been obtained from the public works building department. No such permit shall be issued for any improvement or repair to an existing improvement which is deemed substandard by the director of the public works building department. Sec. 29-84. Same -Application. (a) Generally. Permits required by this article shall 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. Application shall be made upon a suitable form provided by the public works building department. (b) For improvements of $5, 000.00 or more. For new construction or repairs amounting to $5000.00 or more in value, three copies of the plans shall be submitted with the application, which plans shall include the following information, except as to any item which may be waived in writing by the department: (4) The type and character of the soil substrata which will bear the improvement or structure. When required by the public works building department, core borings shall be taken to a depth ten feet deeper than the proposed base of construction or to a depth below the deepest piling, and the findings of the same shall be made a part of the permit application. (5) Soundings and pertinent elevations of the proposed structures shall be shown referred to mean low water, City of Miami datum National Geodetic Vertical Datum, as defined in Section 20-1 of the City Code ("NGVD"). City of Miami Page 2 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017 File Number: 12-00072 Enactment Number: 13315 (9) The engineer's design computations, when required by the public works building department. (c) For improvements less than $5,000.00. For construction or repairs less than $5,000.00 in value, three copies of the plans shall be submitted with the application, which plans shall include the following information, except as to any item which may be waived in writing by the department: (5) The signature and seal of the engineer designing the improvement, where required by the public works building department. (6) The engineer's design computations, when required by the public works building department. Sec. 29-85. Same -Certain title and permits to accompany application. As part of a request for a permit under this article, the applicant shall obtain and present the following title and permits, except for any such title proved not to be required: * (1) The title to bay -bottom lands from the internal improvement fund. (2) A permit from the United States army corps of engineers. Preliminary approval from Miami -Dade County Department of Permitting, Environment and Regulatory Affairs (PERA). {3) A permit from Dade County. {A) A permit from the Central and Southern Florida Flood Control District. Sec. 29-86. Same -Fees. * (c) The expense of any inspection by the public works building department will be included in the cost of the permit fee shall be in accordance with Chapter 10 of the City Code. (d) The fee required under this section may be waived by the director of public works building for governmental entities and agencies. Sec. 29-87. Same -Refund of fees; time limitations. The public works building department shall be governed, in the matters of permit fee refunds and time limitations of permits, by scction 303.5 Chapter 10 of the City Code and scction 304.3, respectively, of the South Florida Building Code. City of Miami Page 3 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017 File Number: 12-00072 Enactment Number: 13315 Sec. 29-88. Same -Revocation. Any permit issued under this article shall be revocable for good cause, which cause may include, but is not limited to, failure, refusal or neglect by the owner, contractor or engineer to fulfill any of the provisions of this article or the South Florida Building Code. 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 public works building department 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 engineering practices, and without exceeding the allowed stresses for the various materials as specified in the state Florida b Buildings Code. (4) Waterfront properties. For all waterfront properties east of US-1, except those fronting the Miami River, the top elevation of new seawalls shall be set at +5.00 NGVD, if located north of the Rickenbacker Causeway, and set at +6.00 NGVD if located south of the Rickenbacker Causeway. The top elevation of new seawalls for those waterfront properties fronting the Miami River shall be set in accordance with Section 54-46 of the City Code. This criteria applies for 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. (b) Lateral support from fills. No fill deposited as a berm on the water side of the bulkhead shall be considered as offering any lateral support to the bulkhead, without approval by the public works building department. Sec. 29-90. Loads. All improvements shall be proportioned for the following loads and forces: * (2) Live load or surcharge including ordinary impact, except where loading involves unusual impact requiring increased assumed loads. Live loads may consist of material, goods or equipment stored or operated alongside the bulkhead, or any structure adjoining the same, the foundations of which may exert pressure on the bulkhead, or sidewalks, highway or street traffic loads. A sidewalk live load shall be taken as 100 pounds per square foot of sidewalk area, and the highway or street traffic loads shall be in accordance with the Standard Specifications for Highway Bridges adopted by the American Association of State Highway and Transportation Officials. Unless otherwise indicated by field conditions, the minimum highway or street traffic load shall consist of a two -axle truck of gross weight City of Miami Page 4 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017 File Number: 12-00072 Enactment Number: 13315 20 tons, designated as class H-20 loading in such standard specifications. Sec. 29-91. Construction. (b) Alignment. The alignment of bulkhead shall be closely controlled. The bulkhead shall be constructed entirely on privately owned property unless otherwise approved by the public works department entity or agency controlling the property upon which the bulkhead is to be constructed, and the alignment shall not deviate more than two inches from the designated alignment. The face of the bulkhead shall not in any case protrude beyond the established bulkhead line or the line shown on the plan approved by the public works building department. (c) Supporting piling. Supporting piles on any improvement constructed shall be driven to a bearing capacity as shown on the plans. These bearing capacities shall be computed in accordance with the driving load formula given in the South Florida Building Code. (d) Concrete deadmen. Concrete deadmen shall be used only where approved by the public works building department. (e) Precast concrete piles. Precast concrete piles shall conform to the requirements of the South Florida Building Code. (g) Wood piles. Wood piles shall conform to the requirement of the South Florida Building Code. (h) Caps. Where required by the public works department, b Bulkheads shall be capped. The cap may shall be a rollcd steel section or reinforced concrete. The use of the cap as a street curb shall be avoided, but if such function is permitted by the department, the cap shall be designed for a live load of 500 pounds 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 department. (i) Special piles or special conditions. The use of types of piles or conditions not specifically covered herein may be permitted, subject to the approval of the public works building department, upon the submission by the engineer of acceptable test data, calculations or other information relating to the properties and load -carrying capacity of such piles. Sec. 29-92. Materials. Permanent materials shall include concrete, steel, stone masonry construction, or any combination of the same. Other materials not specifically covered herein may be permitted, subject to the approval of the public works building department. Reinforced concrete shall be of the materials, proportions, strength and consistency set forth in the South Florida Building Code, as also shall the materials, design and fabrication in the erection of steel. City of Miami Page 5 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017 File Number: 12-00072 Enactment Number: 13315 Sec. 29-93. Review of plans; duty to inspect. The public works building department shall review all plans and inspect all construction to insure that minimum standards set forth in this article are met, and shall require corrections in plans or construction when indicated. Sec. 29-94. Procedure for inspections. (b) In the event the waterfront improvement includes any electrical, mechanical and plumbing work, a permit for such work shall be required in addition to the permit covered by this article, and the permit fee for such electrical, mechanical and plumbing work shall be as set forth in the South Florida Building Code Chapter 10 of the City Code. Sec. 29-95. Maintenance. Privately owned waterfront improvements shall be privately maintained, even though a portion of the improvement may extend into publicly owned land. Should the owner fail to keep his improvement in a state of repair acceptable to the public works department, the city may maintain the improvement and shall asscss the cost of such maintenance to the property owner. Failure by the owner to keep improvements in a state of repair acceptable to the building department 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. 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 3. 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 4. This Ordinance shall become effective immediately 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 6 of 6 File Id: 12-00072 (Version: 2) Printed On: 10/31/2017