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City of Miami Legislation Ordinance City Hail 3500 Pan American Drive Miami, FL 33133 www,mlamlgov.com Final Action Date: File Number: 14-00344 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"; AND CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", TO UPDATE REFERENCES TO AND COMPLIANCE WITH CURRENT CITY OF MIAMI AND STATE OF FLORIDA RULES AND REGULATIONS, TO DELETE OBSOLETE REGULATIONS, TO CORRECT ERRATA, TO CREATE A NEW SECTION 55-16, ENTITLED "CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW", TO ADDRESS THE CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW, AND TO ALLOW ENCROACHMENTS INTO SOUTHEAST 3RD STREET AND SOUTHEAST 3RD AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") zoning regulations and code have been substantially amended to include the Miami 21 Code and various land use regulations; and WHEREAS, the Florida Statutes have been amended to include new rules and regulations; and WHEREAS, it is necessary to update the references to and compliance with the current City and State of Florida rules and regulations, to delete obsolete regulations and to correct scriveners' errors contained in Chapters 54 and 55 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, abandonment of an easement can occur under the theory of equitable estoppel when the City of Miami's ("City's") acts, words, and silence would lead a property owner to take a position whereby assertion of the City's legal title would be contrary to equity and good conscience; and WHEREAS, an easement may be extinguished by the Marketable Title Act, Chapter 712, Florida Statutes, which states that any claim or interest, vested or contingent, present or future, is cut off unless the claimant preserves his claim by filing a notice within a thirty (30) year period; and WHEREAS, in Florida, the abandonment of an easement is essentially gauged by the intention of the parties; and WHEREAS, it is deemed necessary that a section be created with regulations and guidelines regarding vacating abandoned easements; City of Miami Page 1 of 46 File Id:14-00344 (Version 1) Printed On, 4/29/2014 File Number: 14-00344 WHEREAS, the City Commission approved a Mediated Action Plan on March 27, 2014 for preserving and interpreting archaeological site elements uncovered within the Dupont Archaeological Conservation Area at the ,Met Square Development Site located at approximately 300 Southeast 3rd Street, Miami, Florida ("Action Plan").; and WHEREAS, the preservation and interpretation of the entire Royal Palm Circle and the entire circle located on the Southwest corner of the site as contemplated by the Action Plan requires encroachments into Southeast 3rd Street and Southeast 3rd Avenue, Miami, Florida; 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 City Code to allow the encroachment for the purpose of archaeological preservation and interpretation into Southeast 3rd Street and Southeast 3rd Avenue, Miami, Florida, and to correct and update all references to City and State of Florida rules and regulations; 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 54 of the City Code, entitled "Streets and Sidewalks", is amended in the following particulars: {1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE 1. IN GENERAL Sec, 54-1. Definitions. The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this Code, except where the context clearly indicates a different meaning: Governmental applicants means the , the City of Miami or any agency or instrumentality thereof. City of Miami or its agencies or instrumentality thereof, or as identified by the City Manager or designee. * * * Visibility triangle means an area on private property and within the public right-of-way where any material obstruction to visibility is prohibited which would result in concealment of a child over 21/2 feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. The visibility triangle shall be measured in accordance with § 008.11 of the City of -Miami Zoning Ordinance and in Ludes -the area- ets and shall be required at all street Intersections and applicable inter ctions of dri eways with streets. Section 3.8.4 of the Miami 21 zoning code and shall include the area boundedby the extension of the diagonal vision clearance line to the center line of the intersecting streets at all street intersections and the area perpendicular to the diagonal vision clearance line from the base City ofMlanil Page 2 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 building line to the centerline of the intersecting streets at all applicable intersections of driveways with streets. Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees; waiver of fees. (a) Scope. No person shall perform or conduct work in the public right-of-way, such as digging, drilling, repaving, etc, which obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part of the public right-of-way in this city, or which impedes the general movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the police department, the public works department, and the fire-rescuo off- street parking department,, the risk management department, the neighborhood enhancement team department, and the transportation office, After approval by the departments of police, public works, off-street parking, risk management, neighborhood enhancement team and firo rescuo the transportation office, the city manager, or designee, shall issue a permit. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more. person(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning and/or operating any type or manner of system, equipment, or device within the public rights -of -way, then i all persons must ciomplete and file together a joint application and all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/its their interest/participation/representation in the permit application and/or to complete theLion and/or to fulfill all city requirements for issuance of the permit shall result in an ,(a] immediate revocation by the city, without the necessity of any further action, hearing, or proceeding, of any permit previously granted resulting in such permit becoming null and void, or (b) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. (b) Conditions. Such permit shall set forth minimal reasonable conditions, as permitted by Law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth and/or any violations under applicable law shall render such permit null and void, without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, any continuing use of tho public right of way by any such person errs-i# continuing maintenance and restoration � wv u, �.., , vvw, �.+uv„ u insurance and such continuing —payment —bond, performance bond, and/or letter —of —Greek —En sufficient amount(s) rolating to such continuing maintenance -and potontial restoration. (c) Indemnity, hold harmless and insurance, payment bond, performance bond, and/or fetter of credit. It shall be a condition precedent to the issuance of any such permit that the applicant shall assume all civil liability for applicant's acts of omission or commission from all claims, suits or actions of any kind whatsoever arising out of or resulting from the obstruction or closure, the issuance of the permit, or the operations or activities of the permittee and shall, further, hold the city, its officials, and employees harmless for any injuries, orlosses, or damages arising or resulting from the permitted work including any injuries, or losses, or damages resulting from alleged negligent acts or omissions on the part of the city. The permittee shall be solely responsible for all activities and the installation and maintenance of traffic -control devices. The City of Miami Page 3 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 applicant shall insure that adequate safety precautions are in effect at all times during the term of the permit. (1) Non -Governmental Applicant(s): Prior to the issuance of any such permit, the non -governmental applicant(s) shall submit to the city a certificate binder or policy of liability insurance for each non -governmental applicant 0 maintenance and restoration agreement) in an amount not less than One million dollars L$1,000,000.00) per person occurrence, Two million dollars ($2,000,000.00) aggregate per incident, and any endorsements thereto, which shall include the city as an additional insured. The Certificate must also include coverage for all owned, hired, and non -owned vehicles with a combined single limit of One million dollars ($1,000,000.00), also naming the city as an additional insured, and must contain coverage for worker's compensation and employer's liability coverage as required by statute and which shall provide that said permit insurance and any related maintenance and restoration agreement and related payment bond, performance bond, and/or letter of credit shall remain in full force and effect during the entire term of the permit agreement. Additionally, all such permit& insurance and any related maintenance and restoration agreement(s) for non- governmental applicant(s) (ieeluding each applicant --in a joint permit and joint continuing maintonanco and restoration agreement) shall be subject to annual review by the city's risk management department and public works department and the applicant shall be required to update as necessary to protect the city „ and ail types and ^mounts of such insurance coverage(s), payment bond(s), performance bonds) and/or letter of nredit(s) as set forth in this section. ,(2) Government Applicant(s): Additienaily, p Prior to the issuance of any such permit, the governmental applicant(s) (In -eluding oint applisa-tier an-d—jeint—sontinuing maintenance and restoration agreement) shall submit to the city a certificate binder -or policy of liability insurance or letter of self-insurance for each governmental applicant (including each governmental applicant in inten wico and restoration agreement) in and $200,000.00 aggregate per incident, or the amounts specified accordance with and subject to the limitations as a limit of liability set forth in F.S, § 768.28, as an additional-k sured, and which shall provide that it will remain in full force and effect dui It shall be a further condition precedent, for both non -governmental and governmental permit applicants, to the issuance of any such permit for work to be performed in the public right-of-way that the p ity's department of risk nce bond and/or letter of credit in such amount(s) and such forms) acceptable to the director of risk management and fa satisfactory, safe and professional manner, that such public rinh+_„f_,nro„ is—resterred—an /er crmit and any ing maintenance and restoration agreement, and that the permit holder(s) is/are jointly and severally responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of facilities and—for—a-ny ng maintenance of the public right of way. (d) Temporary obstruction of streets and sidewalks. City of Miami Page 4 of 46 File 1d:14-00344 (Version 1) Printed On; 4/29/20.14 File Number..14-00344 (1) Any permit issued pursuant to this chapter under this section may be revoked at any time for violation of the terms of the permit. The city manager or his designee may revoke this permit with justification. (2) The permit holder shall not locate a temporary office, trailer, portable toilets, equipment or storage materials and supplies within the temporary obstructed right-of-way. Such storage of materials or supplies may be allowed by the public works department if no suitable alternative exists. A violation of this section shall result in a fine of $2.5O.00 $262.50 per day for each violation. (3) If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $250.00 $262.50 per day for each violation, plus any appropriate additional fees for the obstruction. (4) The permittee must provide a construction staging plan showing the location of lifting equipments if applicable, ingress and exit points, and a signed and sealed statement from a registered professional engineer in the state that no suitable onsite alternative exists. (e) Fees. (6) After -the -fact permit fee: For any public street or alley closure described in section 54-3, performed without required permits and inspection, quadruple the application and inspection fee described in subsection (e)(1) and (2) herein. * * * Sec. 54-4. Closing and vacating of streets. (a) When any owner of property abutting any public street or alley located within the city wishes to close such street or alley or any portion thereof, he shall file in the office of the clerk of the circuit court in and for the county a record plat of the property through which passes the street or alley or portion thereof which is sought to be closed, such plat to show the alley or street or portion thereof as being closed and to include all property abutting thereon except as provided in subsection (b) below or in accordance with subsection 55-15(I) for the closure of public alleys and subsection 55-15(j) for the closure of private alleys which provide for alternate methods of closing and vacating an alley which abut only parcels of land zoned R 1 T3-R or T3-L (single-family residential) and/or R-a- T3-O (two-family residential). * * * Sec. 54-6. Permit required for parades. * * * (b) Application. The written application for such permit shall be filed with the chief of police on an approved form not less than 21 5 business days nor more than 45 30 calendar days, before the proposed parade to allow adequate arrangements to be made for the proper policing of same. The application shall contain the following: * * Sec. 54-6.3. Special events. * * (b) Application. The written application for a "special event permit" shall be filed with the chief of police on an approved form not less than .90 14 calendar days before the proposed special event to allow adequate arrangements to be made for the proper personnel, equipment and supplies, sanitation (litter, debris and human wastes), City of Miami Page 5 of 46 File Id:14-00344 (Version 1) Printed On. 4/29/2014 File Number: 14-00344 wastewater, utilities, park maintenance and restoration. The application shall contain the following: * (f) Indemnification, hold harmless and insurance. It shall be a condition precedent to the issuance of any permit issued under this section for any event for which admission is charged, a donation is required, food is sold, or any commercial activity is engaged in, that the applicant shall assume all civil liability for applicant's acts or omissions and shall, further, hold the city harmless for any damages to persons or property on claims that arise from the permitted special event. Prior to the issuance of any such permit, the applicant shall also submit to the city a certificate of liability insurance, procured from a company licensed to do business in the state, in an amount not less than $100,000.00 $200,000.00 per person, $200,000.00 $300,000.00 aggregate per incident, or the amounts specified as a limit of liability set forth in F.S. { oQ )--§ 768.28(5), and any amendments thereto, whichever is greater, which shall protect the city, its officers, agents, and employees, the.special event and its contractors from any and all claims for damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the applicant, and shall include the city as an additional insured, and which shall provide that it will remain in full force and effect during the full term of the permit. The chief of police must receive a copy of the certificate of insurance no later than two weeks prior to the date of the special event. * * Sec. 54-13. Carrying or drinking from open glass or metal containers in certain areas during outdoor cultural, etc., festivals; or from business establishments during same; use of glass or metal containers by vendors during same; restrictions on sale of alcoholic beverages during same; permit required for the sale or dispensing of beer and/or wine for special events or programs on public streets and sidewalks. (a) The activity described in paragraphs (a)(1), (2) and (3) hereof shall be unlawful during the time period of events which are the subject of permits issued pursuant to section 54-3 54-6.3 and local business tax receipts issued pursuant to section 31-35 * * * (e) The person, firm, organization or corporation obtaining a permit or license under sections 31-35 and/or 64-3 54-6.3 shall distribute to affected establishments at least two notices of this section describing the provisions hereof and the specific boundaries and time periods, for posting by such business establishments. These notices may be obtained from the office of the city clerk or such other location designated by the city manager, and shall read as follows: * * * Sec. 54-16. Prohibition of vehicular access. (a) The commission shall have the power, after a properly advertised public hearing, to recommend to the Metrapolitan Miami- Dade County traffic director that vehicular access to a particular street be prohibited where such prohibition is found to be in the best interest of the public. * * * (c) The request for prohibited access shall be subject to all requirements that may be imposed by the Metropolitan Miami- Dade County traffic director, including a traffic study. The decisions of the traffic director shall be final. (d) Prior to the public hearing, the proposed prohibited access shall be reviewed by the departments of police, fire -rescue, and general services administration solid waste, which shall make recommendations to the commission at said public hearing. City of Miami Page 6 of 46 File Id:14-00344 (Version 1) Printed On. 4/29/2014 File Number; 14-00344 (f) * * Except for those streets located within the neighborhoods known as Coral Gate and Shorecrest, all expenses resulting from requests for prohibited vehicular access to a particular street shall be borne by the applicant (Le., property owner(s), homeowner association(s), etc.). Expenses include, but are not limited to, newspaper advertising, posting of notification placards, postal notification to local residents, postal correspondence to the applicant and any traffic studies. Upon approval by the Metropolitan Miami- Dade County traffic director for a request to prohibit vehicular access to a particular street, the applicant shall pay all additional expenses related to the permits, construction of temporary and permanent barriers and other related improvements that may be required by the traffic director and/or the department of public works. * * (h) The commission shall have the power, after a properly advertised public hearing, to require that vehicular and pedestrian access to an unimproved public alley or partially unimproved public alley be prohibited where such prohibition is found to be in the best interest of the public. The request for prohibited access to an unimproved public alley or partially unimproved public alley shall be initiated by the department of public works or through said department by petition of all property owners abutting the alley, as determined by the director. Prior to the public hearing, the proposed prohibited access shall be reviewed by the departments of police, fire rescue and solid waste, shall make recommendations to the commission at said public hearing. The proposed vehicular access restriction shall be accomplished by the placement of an approved fence and gate across all entrances to the alley, ensuring no access and no private use thereon unless the property is vacated. All expenses resulting from requests for prohibited access shall be borne by the applicant, (i.e., property owner(s), homeowner association(s), etc.) Expenses include, but are not limited to, newspaper advertising, postal correspondence and, upon approval of the commission, all expenses related to the permits, installation of the fence and gates and other related improvements that may be required by the department of public works. * * * 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 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 public works department in 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. City of Miami Page 7 of 46 File Ic1r14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (2) The construction of permanent -type bulkheads along the shoreline or harbor line of any watercourse contiguous to the area platted, as follows: a. Permanent -type bulkheads shall be constructed to a minimum elevation of +5.00 feet, ,Gi-tof Mimi -datum NGVD, along all rivers except those fronting the Miami River and canals and along the shoreline or harbor line of Biscayne Bay north of the Rickenbacker Causeway. b. Permanent -type bulkheads shall be constructed to a minimum elevation of six +6.00 feet, City of Miami datum NGVD, along the shoreline or harbor line of Biscayne Bay south of the Rickenbacker Causeway, and around all new or future islands or enlarged existing islands in Biscayne Bay. c. Permanent type bulkheads for those waterfront properties fronting the Miami River shall be constructed to an elevation of +5.50 feet NGVD. (3) a.The filling of land within any platted area contiguous to Biscayne Bay lying north of the Rickenbacker Causeway to a minimum settled elevation of " +5.00 feet, City of Miami datum NGVD. b. The filling of land within any platted area contiguous to Biscayne Bay Tying south of the Rickenbacker Causeway, and all new or future islands or enlarged existing islands in Biscayne Bay, to a minimum settled of elevation of six +6.00 feet, City of Miami datum NGVD. (4) Adequate drainage by grading or filling of the land within the platted area to the level of the street grades established by the public works department or the flood grade established and recorded on maps of tho city by the paa , fig -and zoning department 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 septic tanks anddrainfields 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 public works department. Street improvements shall be constructed in all dedicated rights -of -way lying within or bordering on the platted area, in accordance with plans, specifications and grades approved by the director of public works, without regard to the fact that parts or all of the rights -of -way may have been dedicated heretofore but either have not been improved or contain improvements which do not conform with current standard specifications. For the purpose of determining the improvements to be made in dedicated street rights -of -way, all arterial streets, wherever located, and all other streets except those in R-4-and-R-2 zones T-3 transect zones, shall be considered primary streets. All improvements, except water mains and services in connection therewith, shall be constructed in accordance City of Miami Page 8 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 with the city's standard specifications and established street grades and at the expense of the owners of the land platted. Water mains and services in connection therewith shall be constructed in accordance with the approved plans and shall be paid for by the owner of the land platted, in accordance with the standards of the water and sewer beard department then in effect. Such construction work shall be completed within one year from the date of acceptance and confirmation by the city commission of the plat; provided, however, that the time for the performance of the agreement may be extended by the director of public works. Such agreement shall be accompanied by good and sufficient performance bond or irrevocable letter of credit in the amount of 440 115 percent of the total estimated project cost of the improvements, which estimated cost shall have been first approved by the director of public works. Acceptance and confirmation of the plat by resolution of the commission shall constitute acceptance of the agreement and bond or irrevocable letter of credit. The conditions of the performance bond or irrevocable letter of credit shall be such that, if the principals thereto shall fully and faithfully perform the work in accordance with the terms of the agreement therefor, then the performance bond or irrevocable letter of credit shall be considered complied with; otherwise, the surety thereon, within 30 days after receipt of written notice from the director of the public works department of the failure or neglect of the principals to perform the agreement, may construct or cause to be constructed the improvements set forth in the agreement; provided, further, that the director of public works may require the surety to ay to the city the sum estimated to construct or complete the improvements set forth in the agreement, such sum to be estimated by the public works department, and the surety shall pay to the city any engineering, indirect and inspection and-eentingent costs, ,—ir+d+reet; not to exceed ten 32 percent thereof, such ten 32 percent not to include r conablo attorneys' fees, such attorneys' fees to be in addition to the ten 32 percent, which the city may sustain on account of the failure of the principals to carry out and execute all of the provisions of the agreement; provided, further, that the city commission shall have the right to construct or cause to be constructed, after public advertisement and receipt of bids, the improvements provided for in the agreement, and in the event that the city commission exercises such right, the principals and the surety shall be jointly and severally liable to pay the city the final cost of the improvements, together with any engineering, indirect and inspection and contingent costs, and any damagec direct or indirect, not to exceed ten 32 percent thereof, such ten 32 percent not to include feasonablo attorneys' fees, such, attorneys' fees to be in addition to the ten 32 percent, which the city may sustain on account of the failure of the principals to carry out and execute the provisions of the agreement. Upon completion of construction of •the improvements by the principals or the surety, or payment to the city of the estimated or actual cost thereof, the director of public works and the city manager shall release the performance bond or irrevocable letter of credit, provided that the permanent reference monuments have been properly placed as hereinabove provided. A cashier's check in the amount of 41-0 115 percent of the total cctimatcd project cost of the improvements may be deposited with the city in lieu of the performance bond or irrevocable letter of credit, the conditions of the deposit thereof to be such that if the depositor shall fully and faithfully perform the work in accordance with the terms of the agreement, the amount of the check shall be returned to the depositor; otherwise, in the event of the failure or neglect of the depositor to perform the agreement, the check shall be applied by the city to the cost of constructing or completing the improvements, including any engineering, indirect and inspection or contingent costs, and any cla ages direct or indirect, not to exceed ten 32 percent thereof, such ten 32 percent not to City of Miami Page 9 of 46 File Id:14-00344 (Version 1) Printed On; 4/29/2014 File Number: 14-00344 (5) include reasonable attorneys' fees, such attorneys' fees to be in addition to the ten 32 percent which the city may sustain on account of the failure of the depositor to carry out and execute all of the provisions of the agreement. Tho p s—the improvements secured thereby aro constructed; provided, however, that the-amount-ef the-perfer-mance-bend-e-r-eaeniers-eheek-shalt-at--ail-times-be-s-uffieient-to-cover--tbe estimated cost of tho uncompleted improvements. The city manager and the director of the public works department are hereby authorized and directed to withhold from submission to the commission any proposed plat, replat, revised plat, amended plat, or resubdivision of any previous record plat or portion thereof, unless the hereinbefore-mentioned agreement and performance bond, irrevocable letter of credit or cashier's check accompany the proposed plat. In all dedicated rights -of -way the acceptance of the plat or replat shall be conditioned upon adequate landscaping as may be required by the director of planning, building and zoning upon consultation and coordination with all departments concerned. The landscaping shall include, but not be limited to, lawn, shrubs, bushes, hedges and trees. The director of planning, building-and--ze shall not recommend the acceptance of any plat or replat unless the bond referred to herein contains the condition that such landscaping shall be provided for as required by the director of planning, building and zoning, upon consultation and coordination with all departments concerned. Such landscaping will be designed to protect and preserve the appearance and character of the surrounding neighborhood through the screening effects and aesthetic quality of such landscaping. (6) Any bend surety required herein shall be waived for governmental entities and agencies. Sec. 54-50. Certificates of approval. After final acceptance of the work, a written certificate report of approval shall be furnished by the director of public works to the effect that the work has been done in accordance with the provisions of this article, and in conformity with the established city lines and grades, and no sidewalk, curb, or curb and gutter work shall be deemed to comply with this article unless such written cer4+fisate report of approval has been furnished. ARTICLE IV. NAMING OF STREETS AND NUMBERING OF BUILDINGS Sec. 54-133. Purchase of street signs and numbers. Reserved. ar o tho necessary street signs required to properly designato the streets at each intersection, and such numbers as may be -required to conform to the p City of Miarnt Page 10 of 46 File Id:14-00344 (Version 1) Printed On; 4/29/2014 File Number, 14-00344 ARTICLE V. BASE BUILDING LINES Sec. 54-186. Established. Base building lines are hereby established for the purpose of assuring that sufficient space occurs between the street fronts of buildings and structures, to provide for natural Tight and circulation of. air, to lessen the adverse effect resulting from fire, floods, tornadoes, and hurricanes, to provide for access for firefighting apparatus or rescue and salvage operations; to facilitate provisions for traffic, transportation and circulation, and to promote safety, health, amenity and general welfare within the city. No building, structure, or part thereof, shall be erected, structurally altered, enlarged or extended beyond the base building lines established by this article with the exception of encroachments or temporary structures which are specifically permitted by the South Florida Building Code or this chapter. Restaurant arcades on Flagler Street between the Miami River and Biscayne Boulevard are allowed by revocable permits granted by the city commission after approval by the city manager and recommendations by the director of public works;. the director of planning; the director of building aad-zening, and the director chief of fire rescue. An aerial encroachment of a recreational facility at Jose Marti Park over and across SW 5th Street between SW 3rd Avenue and Interstate 95, is allowed by revocable permits granted by the city commission after approval by the city manager, and recommendations by the directors of public works, planning, building, Wig, and fire -rescue departments. Encroachments into Southeast 3rd Street and Southeast 3' Avenue for the purpose of archaeological preservation and interpretation as well as construction of structural elements in furtherance of that purpose, as contemplated by Resolution .No. 14-0134, adopted March 27, 2014, are allowed pursuant to required permits approved by the Department of Planning and Zoning and the Department of Public Works. In addition, guardhouses are permitted by irrevocable permits granted by the city commission after approval by the city manager and recommendations by the director of public works; the director of planning; the director of building and zoning; the direoter chief of fire -rescue, the director chief of police; and the director of general servicos administration solid waste. All of the foregoing recommendations are to be based on factors of safety, liability protection, accessibility and maintenance of public and private property. All guardhouses to be located in the dedicated right-of-way shall not exceed 100 square feet and must conform to the city engineering standards for design and construction, adopted by the department of public works. Final design plans must be submitted to the required departments and the city commission for review and approval before a revocable permit will be granted for a guardhouse in the dedicated right-of-way. Commencing effective September 14, 1989, upon the grant of the above approvals, such governmental entities shall be authorized to install a guard gate which operates automatically and which does not completely hinder public access along the right-of-way when said installation is part of a governmentally operated project or an element of a special taxing district. * * * Sec. 54-190. Nonstandard street widths. Base building lines shall be located from the centerline as specified for each of the following streets: Streets, Avenues, Roads, Distance in Feet from Etc., in Alphabetical Order Centerline to Base Building Line City of Miami Page 11 of 46 File Id,14-00344 (Version 1) Printed On, 4/29/2014 File Number: 14-00344 (111) 1st Avenue, N.E., N.E. 6 64th Street to N.E. 67th Street 17.5 * * (137) 2nd Avenue, N.W., N.W. 5th Street to N.W. 8th Street Terrace 37.5 * Sec. 54-192. Service road adjacent to Brickell Avenue. (a) Undor Ordinance No. 11 ce of the -city Except for Lot 1, Gifford and Highieyman, P.B. 3, Pg. 38; Lot 39, Block B, Mary and William Brickell Subdivision, P.B. B, Pg. 96; and Lot 9, Block G, Brickell Hammock Unit No. 1 Extension, P.B. 7, Pg. 87, it is required that a 70-foot-wide service road be provided along the southeasterly side of, and parallel to, Brickell Avenue, between S.E. 15th Road and S.E. 25th Road. (b) If the owner(s) of property along this portion of Brickell Avenue wish to install a sign, for purposes of building identification, in the landscaped area between Brickell Avenue and the parallel service road, a request, in writing, must be addressed to the director of the department of public works, following the guidelines and procedures set forth in section 54-191, including the recording of a covenant to run with the land for the installation of said sign. (c) The design for such a sign must comply with all applicable regulations concerning signs. In addition, the design and placement of this sign shall be approved by the director of the planning, building and zoning department and the director of the department of public works. Sec. 54-193. Illegal encroachment. * * * (c) No permit or covenant to run with the land shall be granted "after the fact" to allow any illegal encroachment in the dedicated right-of-way or in the aroa between tho dedicated right-of-way line--and--fhe-base- d g-tine. , except existing encroachments authorized pursuant to section 54-191(b). (d) The director of public works may permit an owner of a property to legalize an existing illegal encroachment in the area between the dedicated right-of-way line and the base building line subject to the owner completing the procedure as set forth in sections 54-191 (a) and (c). ARTICLE VI. SIDEWALK CAFES * Sec. 54-226. Permit requirements City of Miami Page 12 of 46 File Id,14-00344 (Version 1) Printed On, 4/29/2014 File Number: 14-00344 (c) In the SD 2 and SD 17 zoning districts 4osated—in Coconut Grove Central Commercial District, , permits shall be issued to sidewalk cafes in conjunction with "food establishments" and validly licensed restaurants, provided the establishment provides required off-street parking at a rate of one parking space per 100 square feet for the sidewalk cafe area or pays a mitigation fee in lieu thereof, as described in section 35-224 herein, in addition to other required off-street parking and the sidewalk cafe permit fee. For purposes of this article, references to specific zoning districts are solely for purposes of delineating affected geographic areas subject to this section and shall not convey any rights under the Miami 21 Zoning Code, as amended or superseded. ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS -OF -WAY Sec. 54-263. Permit required; expiration of existing permits and procedures to preserve locations (c) Failure to timely secure a permit in advance of placing a newsrack on the public right-of- way in accordance with the provisions of this article may result in the removal of the non - permitted newsrack(s) by the city as set forth in subsection 54-270(b)(a). Alternatively, the city may pursue appropriate remedy by the code enforcement division under section 2-811 et seq. of this Code, (d) Failure to timely secure and pay permit fees shall result in the imposition of a fine of double the permit fee per newsrack which if not paid within 30 calendar days of the original due date shall result in the newsrack(s) being deemed abandoned and subject to removal as set forth in section 54-2704)-). Alternatively, the city may pursue appropriate remedy by the code enforcement division under section 2-811 et seq. of this Code. * Sec. 54-264. Application and issuance of permits * (d) Issuance of permit. Upon a finding by the director that the applicant is in compliance with the provisions of this article, the director shall issue a permit for the installation of the newsrack by the distributor. Such issuance shall be made within 60 working days of the city's receipt of a completed application as determined by the department. * * * (2) Upon payment of applicable fees the director shall issue new permit stickers each year within 30 days after receipt of payment, provided the distributor is otherwise in compliance with the provisions of this article. Failure to timely secure and properly display the issued permit sticker shall result in the imposition of a fine of double the permit fee per newsrack which if not paid within 30 calendar days of issue date shall result in the newsrack being deemed abandoned and subject to removal as set forth in subsection 54-270(b)(a). Alternatively, the city may pursue appropriate remedy by the code enforcement division under section 2-811 et seq. of this Code. * * * Sec. 54-266. Fees. City of Miami Page 13 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (a) An initial inspection of location fee of $11.50 per newsrack shall accompany the newsrack permit application. The annual permit fee is $11.50 per newsrack due October 1st and will expire the 30th day of September each year. Fees for the initial year shall be prorated on a monthly basis, and shall be calculated using the following formula: (1) Initial fee = $9:83 $0.96 per newsrack multiplied by the number of months remaining in the year. (c) Non -conforming newsrack(s) may be subject to removal and if removed shall be subject to a $90.00 removal and storage fee, pursuant to subsection 54-270(e)L. * * Sec. 54-270. Enforcement procedures non -conforming ngwsracks; removal/storage. (a) Provisions of this articlo shall become cffcc 'ev-ided however, tho distributor shall have until Dccombor-9 , any of tho following new requircmonts sot forth in subcoctions 511 267(b)(15) and (16); 54268(a), (b), and (c); and 5/ 269. Notwithstanding the foregoing, each d be responsible fo compliance with all-pre4isiens-ef414i6,-a4:tirew-ancl-ting-requirenfients-a-lThe7within- thc sixth and twclft he adoption date respeetivel�- time thereafter, any newsrack in violation of any provision of4his-a;tlsae-shall bo subject to a fino or romoval as sot forth in this article or altornatively the city may pursue remedy and duo process under tho provisions of section 2 811 ct seq. of this Codo pertaining to -the cede -enforcement board. (b) (a) In the event newsrack(s) are found to violate section 54-263 (installed without a permit) the city may remove the newsracks immediately upon discovery of the violation and the distributor assessed for the cost of removal and storage as set forth below. In all other instances where newsracks are found to violate a provision of this article, they may be removed only after a notice of the violation is sent to the distributor by certified mail, return receipt requested, and the distributor fails within ten calendar days of receipt of the notice to correct or cure the violation, unless the city manager issues a written order stating that the newsrack(s) constitute a serious and imminent hazard to the public safety, in which case the newsrack(s) may be removed immediately. In the later event, a copy of the city manager's order, specifying the reason or reasons for the immediate removal of the newsrack(s) shall be sent by certified mail, return receipt requested, to the distributor. (c) (b) Any newsrack removed from the public right-of-way shall be stored at the cost of the distributor. The city shall be reimbursed by the distributor for all costs incurred in the removal and storage of all newsrack(s) removed from the public right-of-way by the city. A storage and removal fee is hereby established at $75.00 90.00 per newsrack or $200.00 per modular newsrack, whichever is applicable. The city is hereby authorized to sell said newsrack(s) at public sale if said newsrack(s) is not picked up by the distributor within a period of 90 calendar days from the date of removal. Ten days prior to sale, the city shall advertise notice of sale in a daily newspaper of general circulation in the city. City of Miami Page 14 of 46 File 1(04-00344 (Version 1) Printed On. 4/29/2014 File Number: 14-00344 Out of the proceeds of the sale of any newsrack, all unpaid removal and storage costs shall be paid after the payment of the advertisement cost and the remaining balance of the sale proceeds shall be retained by the city in a fund in the possession of the city for a period of one year unless claimed earlier by the distributor. After the expiration of one year, any sums remaining from the sale of newsracks in accordance with the provisions of this section, if unclaimed by the distributor of said newsrack, shall become the property of the city and be transferred to the department revenue account. Sec. 54-271. Same -Abandoned newsracks. (a) If any newsrack installed pursuant to this article does not contain the publication specified within a period of 48 hours after release of the current issue, or when no publication is in the newsrack for a period of more than seven consecutive calendar days the city may deem the newsrack abandoned and subject to removal as set forth in subsection 54-270(b)( . Alternatively the city may take appropriate action under section 2-811 et seq. of this Code. ARTICLE VIII. USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS Sec. 54-296. Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article to: mainto l communications systems in, upon, al bove over i ender or in any manner connected with the streetfr, ces within tho corporate Iim1tc of the city as now or in the fi t ire may exist• (2) To pre ide the e t„wit„-compensation, as permitted by law, for occupation and use of the-si#y's streets, public ways, putt' +idingc or other public places for a private communieatienc system• {3) To provide the city with compensation, as p , maintenance of city's streets, publi , public places whcn u ed for commercial purposes; and eompensati n��n, as peer mitt b„ law, for they cost of regulation imposed by this article on all communications systems; and a. Tho continuing rights and obligations of the oity; b. Tho continuing rights and obligations of present persons holding permits —and agreements with the city; and cam--The—fu ontering--into—agreements—with—the—city, and---so—as—to—ccomply—with the nondiscriminatory mandate of the Florida Consumer Choice Act of 2007. (1) Establish a reasonable, nondiscriminatory, and competitively neutral policy for the us.e of public rights -of -way for the provision of communications services; and (2) Manage the public rights -of -way to protect the public health, safety and welfare and minimize disruption of services in the public rights -of -way by establishing reasonable, nondiscriminatory, and competitively neutral regulations governing the placement or maintenance of communications facilities in the public rights -of -way by providers of communications services, which rules are generally applicable to all persons using the public rights -of -way for the provision of communications services. City of Miami Page 15 of 46 File Id :14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 Sec. 54-297. Definitions. For the purposes of this article and any agreement or permits issued in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. § 377.401, as amended: Communications Facility or Facility or System shall mean any permanent or temporary plant, equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights -of -Way of the City and used or capable of being used to transmit, convey, route, receive, distribute, provide, or offer Communications Services. Communications Services shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of protocol used for such transmission or conveyance. Communications Service Provider shall mean any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights -of -Way. "Communication Services Provider" shall also include any Person that places or maintains a Communications Facility in Public Rights -of- Way but does not provide Communications Services. Director shall mean the Director of Public Works Department or his or her designee. In Public Rights -of -Way or in the Public Rights -of -Way shall mean in, on, over, under or across the Public Rights -of -Way. FCC means the Federal Communications Commission or its legally appointed successor. ons lires,r�, ccables manner is connected with the stre • it-e of the city s now or in the f„ture may evcwhich• , oitr but not limited to telephone, telegram, teletypew i-t co ter --ex e--services between different offices or facilities of the agoncy or affiliated agencies; (2-)-Are used to provide telecommunication services to other governmental entities. Gross rocoipts means all revenue received by the permittee an rec„rring Iecai servioe within -the -incorporated limit efo,-the-eit Pathway -means any-1i11c, cable, fiber • aptie—ee etuit; duet- lank—er—simii�„�; t.r n,sri,;ssien City of Miami Page 16 of 46 File Idr14-00344 (version 1) Printed On: 4/29/2014 File Number: 14-00344 Penvittee--me ns tine-pe sei or his -legal easer-;n-;n4erest wh^ is red a for the erection, construction, reconstruction, operation, dismantling, testing, ucc, maintenance, ropairing, rebuilding or ro ication systems in the city. Street moanc any aroa " ' itcd to, hig , way, drive, lane, beulcvard, court, eencourcc, bridge, cul de sac, tunnel, park, parkway and waterway. company providing toll telephone services as defined in F.S. § 203.012(7). cal exchange sarvice means-any-a-Item-ative local exchange telecommunicatie Teleeemmunloatiens-termit-agreement or -permit issued means the documentb�-Pvhich-a privilege--Fanted--by the si+z by i,eh-- cit„ au rizes-a-personrte-erect,r-oonstruc , resenstruct, opera-te, --dismantle, test, use, maintain, repair, rebuild —and replace a aces -within the-eity Any telecommunication agreement or permit issued in accordance herewith aH--be nonexclusive. Person shall mean any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations. Place or Maintain or Placement or Maintenance or Placing or Maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Right -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. Permit shall mean a construction permit issued by the Public Works Department. Public Rights -of -Way shall mean apublic right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may lawfully grant access to and issue permits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights -of -Way" shall not include private property. "Public Rights -of -Way" shall not include any real or personal City property except as described above and shall not include City buildings, fixtures, poles, conduits, facilities, or other structure or improvements, regardless of whether they are situated in the Public Right -of -Way. Registrant shall mean a Communications Services Provider that has registered with the Director in accordance with the provisions of this article. Registration or Register shall mean the process described in this chapter whereby a Communications Services Provider provides the required information to the Director. City of Miami Page 17 of 46 File Id:14-00344 (Version 1) Printed On; 4/29/2014 File Number: 14-00344 Sec. 54-299. No liability or warranty. This article shall not be construed to create or hold the city responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any telecommunication permit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon the city or any official, agent or employee thereof. Sec. 51300. Length of pormit agreement: se Herewith shall -be -a -nonexclusive -permit -€or the -use -of -the st��etTPiblio-ways-er—pu.b places within tho city ac cpocificd in tho tolecommunication permit for the erection, communications system. eon for the initial term and shall commence +he eaatev en-Gotobor ually to expire the following September 30, so long as the I applicable fedoral, state-and-Ioeat ce occupied is n (c) In t , public places in accordance -with the-prrevisions-of section 5/1 304 Sec. 54-300. Registration Required. (a) A Registration from the City of Miami is required to commence or engage in the construction, maintenance or occupation of the Public Right -of -Way with, a system designed to deliver Communications Services by utilizing the Public Rights -of -Way. No Public Rights -of -Way construction permits shall be issued to a Communications Service Provider without a Registration issued under this article. (b) A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights -of -Way. Registration under this chapter governs only the placement or maintenance of Communications Facilities in Public Rights -of -Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights -of - Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the City's or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinancesscodes or regulations, including this article. Sec. 54 3erwn+t-4noat+eT tion or locations stated on the (b) Nothinosentation, promiso or guarantoe by .ty that any otheer .permit or other au,th ryr - tho o o tr i o 7 " on of—a—eeii�i�nie bens —system shall be_ issued. I ho City of Miami Page 18 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 requirements for any and all other permits as may --be roq +i ldtng-thc right o , fees, if any, shall still be due. Sec. 54-301. Rights granted by Registration. (a) Subject to all existing permitting processes, the Registrant is authorized to occupy, install, lay, erect, construct, remove, relocate and maintain in, on, over or upon any and all of the Public Right -of -Way, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City or in such territory as may be hereafter added to, consolidated or annexed to the City of Miami, any and all such conduits, cables, fiber optic lines, poles, wired, supports and other structures and appurtenances as may be reasonably necessary for the construction, maintenance and operation of a Communications System. Except as provided above, this Registration does not convey the right to attach cable or conduit to poles, or occupy or use real or personal property owned by the City of Miami. (b) Any Registration granted under this article shall be non-exclusive, and the issuance of a Registration will not expressly or implicitly preclude the City from issuance of other Registrations to Communications Services Providers or affect the City's right to authorize use of Public Rights -of -Way for other lawful purposes to other Persons as it determines appropriate. (c) This Registration authorizes the Registrant to use the public rights -of -way to provide Communications Services only. Use of the Public Rights -of -Way for any other purpose requires separate authorization. Sec. 54-302. Term and renewal. A Registrant shall renew its Registration with the Director by October 1 of each year in accordance with the Registration requirements in this chapter. Within thirty (30) days of any change in the information required to be submitted pursuant to Sec. 54-305, a Registrant shall provide updated information to the Director including the routes of a Registrant's system built after the effective date of this chapter. If no information in the then -existing Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the Director restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this article. The -city public works director and h1s t hecfeliewing--powers and duties: (4)-ReceiveL and --renew applications for telecommunication permits for any telecommunication system. (2) Review and cause to be audited all reports and filings submitted by tho permittce to the 'ems City of Miami Page 19 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number. 14-00344 {3) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, u f any tolecommunication system established by telecommunication permit in accordance herewith to the director promulgation. Sec. 54-303. Communications Services Tax. (a) Each Registrant that provides Communications Services shall collect and remit to the Florida Department of Revenue the Communications Services Tax pursuant to the chapter 202, Florida Statues. (b) In the event that state law is amended to allow collection of license fees from Communications Services Providers, or in the event that state law preempting the collection of such license fee is declared void by a court of competent jurisdiction, the provisions contained in this section shall automatically revert to those provisions contained in this section in effect on the date of adoption of this chapter to the extent those provisions are not inconsistent with state law. Sec. 64-302-54-304. Technical Standards. All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a communications system provided for herein shall be in accordance with all applicable FCC and other federal, state and local laws and regulations, including but not limited to the most recent editions of the South Florida Building Code, National Electrical Code and the National Electrical Safety Code. Sec:-54-305. Compensation for permit. {a) Teleco condition of any telecommunication permit iscue the consideration supporting the issuance of such telecommunication permit and the city's pormission-thereby to occupy and use the -streets of the city, that ch permittee which- - n alternative '-Ioc ai-e- ^cha;gn e e^ve -rnun cation company shall pay on a ent of the grors receipt revenues for services provided within -the corporate limits of the city by such permittee, The-feregaing compensate c with the standards --set forth in F.S. § 337./101(3), as amended. ol6tiy-providing toll tclophone mice. (1) Except -as hereinafter provided, iitshall-bo a term and condition of any telecommunication permit issued in accordance herewith that as a part of the serasidcration supporting th ermit and the i4y!s p rmissten -thcreby to -occupy and usa thee-streatc of the city -that-ea l npermitoa h' one service shall pay och year to the city so fees. The compensation and license fees for telecommunication systems c etforth in F.S. § 3 onsation and few shall -be esteblish c, after public hearing before the-sity commission and after public notice as required heroinbclow, by the director of the e works. City of Miami Page 20 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 s, ca bles4iber-ep llel to each other which are: a. Underground and within a 16 inch wide strip—of—right—of—way,---except—as hereinafter provided, shall bo considered as on aicoAse4'ee;-er b. Aboveground and attached t es, a -and -owned -by - saw; an aff4 ' crod as one pathway for the purpose of the license fee. r lay its underground lines, cables, fiber optics conduits, duct banks or other p 'de strip of closene-s of other lines owned by other entities, then all lines, cables, fiber optics conduits, duet-a-nks-or-o-thcr paathways--which-are-o ned-by-that-pecraittee or --an affiliated company that are parallel to each other -within --he same right of way regardless of distance apart shall be considered as one pathway for the purpose of l tense fees Are„ided that such 4l Ban -available . (1) New lines, cables or fiber opt' mmunications systems ct bank owned by another permitter shall require a c n permit, subject to the same requirements as etia nnual ho city. New lines, cables or fiber optic cables of a commun' en existing poles shall rare lire telecommunication permit, subject to the same requirements as other installations. New linos, cable er fiber optic cables of a ich are placed in an underground conduit or duet -bank, or m the provisions of this article shall require n + by which the exempt entity has the right to place the conduit, duet -bank or poles plication of the permit and foo requirements contained in this artie the poles. wally by an amount not in violation of F.S. § 337A01(1), subsequent to the establi-shment-ef--thi-c license fee, or -subsequent -to -the -most -resent adjustment in tho license foo for any and all s„bseg lent adjustments after +he first adjustment, and only after a public hearingfor written notiee to all current p ables or ' conduit or duct bank owned by another permittee the rnense fee shall bo based on the same amount for all nongovernmental entities subject to the requirements of this article, except in no event, however, shall the fee be Tess than $500.00 per linear mile per annum. (6) Upon the effective date of the a ith provisions of cubsect' to is hereby fixed as follows: a. Annual fee .1—For the fi athway or Icss $ 290.00 2. For each additional lineal foot of pathway over-50 feet: 1. Pathway(s) in existent as of the date of this ordinance A. As of October 1, 1993 0.15 e of October-17-1 9911 0.25 li-As-of-Oeteber 1, 1096 0.15 City of Miami Page 21 of 46 File Id;14-00344 (Version 1) Printed On; 4/29/2014 File Number: 14-00344 E. As of October 1, 1997 0.55 ii _ _ Pathway(s) added subsequent to th o 0.90 19-4nitial fee f ion agroement (doos not include rocording foo) $ 1,525.00 mans, issuance of installation permit and inspection of installation of new fa milt e6 1. For firot 50 lin at or Ices of pathway $ 290.00 dFee for governmen4 owned communication cy 4em• 1. Annual foe $ 290.00 Iitial fee including review of plans and inspoction plus recording foe 290.00 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: a. The name, address and telephone number of the applicant. b. The name, 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. c. A description of the general nature and size of the proposed communication system's plant and equipment that Registrant intends to have occupy the Public Rights -of -Way, including a list with descriptions of the appurtenances such as manholes, pedestals, handholes, controlled environmental vaults, etc. d. A copy of Federal and/or State certification authorizing the applicant to provide communications services. e. Insurance policy and bonding documents required by this article. (b) A Registrant may cancel a Registration upon written notice to the Director stating that it will no longer place or maintain any Communications Facilities within the Public Rights - of -Way and will no longer need to obtain permits to perform work in Public Rights -of - Way. A Registrant shall not cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in any Public Rights -of -Way. (c) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights -of -Way within the City but shall establish for the Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any additional City ordinances, as well as any State or Federal laws that may be enacted. In accordance with applicable City ordinances, codes or regulations, a permit may be required for a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way. A Registration shall be a condition of obtaining a permit. Notwithstanding a Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having a Registration if all permitting requirements are met. City of Miami Page 22 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (e) A Communications Services Provider with an existing communications Facility in the Public Rights -of -Way of the City has sixty (60) days from the effective date of this Article to comply with the terms of this article, including, but not limited to, Registration. Sec. 51 306. Payment and audit of compensation and license fops. (a) The annual compensation and license fee provi n 51 305(b) shall -be pay-bleT-i; ate', -a a-nsa,-annually on October 1 of oach year. ctober 1 shall expire the following September 30 and the annual fee shall bo prorated accordingly. (2) The fee provided for under subsection 51 305(b)(6)b. hereinabove is required on all ew telecommunication agreement may bo required. (b) Fees for telecommunication ystems nrit paid within ton days after the due date shall boar interest at the rate of ono percent por month from the date due until paid. (c) The ace t-f-e the city shall not be construed as an acknowledgment that the amount paid is the correct amountas a release of any claim which the city may have for additional sums due and payable: (1 eeeppayments shall be subject to audit by the city and assessment or refund if the o in error. (2) In the event that such audit results in an assessment by and an additional payment to the city, su nt shall be subject to interest at the rate of one nornont per month I lntil the date nayme is_made (3)- -i ubsection 51 al —representative —of the permitted of the gross receipts on recurring local service revenues derived-i-n the preceding -yeas (d) c liability of the licensee for a telecommunication syste , (s)-IP4h 90 days after the duo date, the- ublis-wer-ks-directormay-wit-hheld-the it uance or ccommunleation permits to the o is paid in full. (f) In the event the maximum franchise fee authorized by the laws of the state shall be changed to un amount other than the -Current amount as prescribed- in F.S. § 337.101, IIV Il V IIVI 41 provided for herein to the maximum franchise fee -a fate; provided further that the city adjusts the franchise fee for other utilities offering similar cervices by an -equal amount. ring normal business hens -the -books and accounts and other documentat4o f-the permittee (hereinafter referred tto as the "reports") that, as determined by the city, are necessary to determine the accurac-of-the revenues n which the fee payment is based. Upon reg.us. y nit, or -its designated -repro ontativc, the permitt o the shall -have the right-duringg the-I-ife-of- this Iicense-to examine the reports; —provided; bew ver, that the nermittee shall be obligated to mairata+n-its--billiwg-reeerds-enl„ for perked of time required by th period shall be confined te-the billing records then available. No later than 30 days after City of Miami Page 23 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 the requcct of the city, or i , of tho reports. Such copy shall be in the medium roquested-by-the city, provided that it is Sec. 54-306. Issuance of registration. The Director has the authority to and shall grant a Registration to an applicant who files a completed application and complies with the application requirements herein; provided however, the Director shall have the authority to deny a Registration if the applicant fails to meet the application requirements, the Registrant is subject to pending code enforcement action or the proposed use of the Public Rights -of -Way presents a danger to the general public and other users of the Public Rights -of -Way. Sec.54-307. Notice of Transfers, Sales or Assignments of Assets In Public Rights -of -Way. If a Registrant transfers, sells, or assigns its assets located in a Public Rights -of -Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this article. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the Director within twenty (20) days after the effective date of the transfer, sale, or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re - Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Sec. 54-305 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall notify the Public Works Department that the transferee, buyer or assignee is the new applicant. Sec. 5/1 30/1 . 54-308. Bonds. (a) Unless the applicant supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the director of finance and the city attorney, all persons submitting a request for a telocommunication pe-it Registration to construct a telecommunication system in accordance herewith shall file with their request bonds solely for the protection of the city with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the city from any and all damages or costs suffered or incurred by the city as a result thereof, including but not limited to attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any teIe it Registration issued in accordance herewith and thereafter until the permittoo Registrant shall have satisfied in full any and all obligations to the city which arise out of or pertain to the telecommunication permit Registration for a telecommunication system. (b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city hereunder, shall be construed to excuse the faithful performance by or limit the liability of the { ormittoo Registrant under this article or any tele omm„ eatio.n permit Registration issued in accordance herewith or for damages either to the full amount of such bond or otherwise. Sec. 5'1307. 54-309. Indemnity and insurance. City of Miami Page 24 of 46 File Id'14-00344 (Version 1) Printe..d On: 4/29/2014 File Number: 14-00344 (a) The city shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the permittco'c, Registrant's communications system. (b) The pormittoo Registrant shall indemnify, save and hold harmless and defend the city from all liens; charges, claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to reasonable legal fees and court costs including legal fees and court costs on appeal; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the permittoo's Registrant's communications system or the granting of the telecommunication permit Registration. The granting of the permit agreement Registration is a separate and distinct consideration for the granting of this indemnity. (c) Upon the granting of a permit' Registration for a telecommunication system and at all times during the terms of the permit Registration, including the time for removal of facilities as provided for herein, the peittee Registrant shall obtain, pay all premiums for, and file with the city insurance manager written evidence of payment of premiums and executed duplicate copies of the following: (1) A general comprehensive liability policy indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the permittee under the telec•rnmtir4eatiepermit Registration herein granted, or alleged to have been so caused or occurred, with a minimum liability of $500,000.00 combined single limit for personal injury or death. (2) Property damage insurance, indemnifying, defending, and saving harmless the city, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of permittoo Registrant under the er-mit Registration herein granted or alleged to have been so caused or occurred, with a minimum liability of $500,000.00 combined single limit for property damage. (c) All insurance policies called for herein for telecommunication systems shall be in a form satisfactory to the city insurance manager and shall require 30 days' written notice of any cancellation to both the city and the per-mittee Registrant. The per-mmittee Registrant shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the city, written evidence of the issuance of replacement policies within 30 days following receipt by the city or the permittee Registrant of any notice of cancellation. (e) In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above for telecommunication systems, the per-mittee Registrant may submit: City of Miami Page 25 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (1) A certification by a qualified independent actuary, acceptable to the city insurance manager, which indicates that wee the Registrant has established an "actuarially sound" self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d); or (2) Other documentation and proof acceptable to the city's director of finance and insurance manager which indicates that permittoo the Registrant has a self- insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d). Sec. 54408. 54-310. Police powers. Nothing in this article or in any teese nication-pema-i4t Registration issued in accordance herewith shall be construed as an abrogation by the city of any of its police powers. Sec. 51 309 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 permittoo 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 public works. Applications for such approval shall be made in the form prescribed by the director of public works or his authorized designee. (b) Upon obtaining such written approval, the per-na-ittee Registrant shall give the department of public works written notice within a reasonable time of proposed construction, but in no event shall such notice be given Tess than ten days before such commencement, except for emergency repairs of existing lines or cables. (c) Any person who submits a request for a permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed telecommunication system, which agreements shall become effective on the date of execution of the permit issued in accordance herewith in the event that such person is issued a permit. (d) It shall be unlawful for the permittee Registrant or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the permittee Registrant to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the city. (e) The permittoo Registrant shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets and sidewalks and shall, at its own cost and expense, restore and replace any other property City of Mian21 Page 26 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (f) disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner. The pormittoe Registrant shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the city because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, city -owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure of or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit Registration. (g) Nothing in this article or any permit issued in accordance herewith shall be construed as authorizing the parmittee the Registrant to erect and maintain new poles in areas serviced by existing poles, if the poles are available for pormittoo Registrant's cable. The jet-mittee Registrant shall obtain written approval from the department of public works and other appropriate city agencies before erecting any new poles or underground conduits where none exist. (h) The permittee Registrant shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. (i) The pormittoe 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 public works on an annual basis prior to issuance or renewal of a tolocommunication pera-it Registration. (j) The permittoo Registrant shall comply with all rules and regulations issued by the department of public works governing the construction and installation of communications systems. In addition: (1) All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires. (2) Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations. (3) All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the public works director. (4) All installations shall be underground in those areas of the city where both telephone and electric utilities facilities are underground at the time of the installation of the pormittoe'c Registrant's communications system. In areas where both telephone and electric utilities' facilities are aboveground at the time of the installation of the pormittec'o Registrant's communications system, the permitteo Registrant may install its system aboveground on existing utility poles only, upon the condition that at such City of Miami Page 27 of 46 File Id.14-00344 (Version 1) Printed On; 4/29/2014 File Number; 14-00344 time as those facilities are placed underground by the telephone and electric utility companies, the tee Registrant shall likewise place its facilities underground at its sole cost and expense. (5) The perm - tee Registrant upon reasonable notice by the city shall temporarily or permanently remove, adjust, raise or lower its facilities within the right-of-way when the city determines that such action is needed for public use of the right-of-way including, but not limited to, the passage of nonstandard vehicles. (6) The permittco Registrant shall obtain the written permission of the owner including the city of any tree or other vegetation before it trims or prunes the same. Sec. 54-312. Termination of Registration The City may declare a forfeiture and termination of, and revoke and cancel all rights granted under this Registration if (a) a federal or state authority suspends, denies, or revokes a Communications Services Provider's certification to provide Communications Services; (b) the Registrant's use of the Public Rights -of -Way presents a danger to the general public and other users of the Public Rights -of -Way; (c) the Registrant has abandoned its Communications Facilities in the Public Rights -of -Way and has not complied with Section 54-315; or (d) the Registrant is subject to code enforcement action. Prior to such termination by the City, the Registrant shall be served by the City with a written notice setting forth all matters pertinent to the termination action, including which of (a) through (c) above is applicable as the reason therefore, and describing the action of the City with respect thereto. The Registrant shall have sixty (60) days after service of such notice within which to address or eliminate the reason, or within which to present a plan, satisfactory to the City, to accomplish the same. In the event of such termination, the Registrant shall, within a reasonable time following demand by the City, remove or abandon the Communications Facilities and take such steps as are necessary to render every portion of the Communications Facilities remaining within the Public Rights -of -Way of the. City safe, and shall thereupon be deemed to have abandoned same in its entirety; and the same shall thereupon become the sole property of the City without payment to the Registrant. If the City of Miami agrees to abandonment, the Registrant shall incur, from that time forward, no future obligations with respect to the Communications Facilities. Sec. 54-313. Failure to enforce Registration. The Registrant shall not be excused from complying with any of the terms and condition of this Article by any failure of the City; upon any one (1) or more occasions, to require the Registrant's performance or compliance with any one (1) or more of such terms or conditions. Sec. 54-314. Future rules by the Director. The Director reserves the right to promulgate rules, regulations, forms, and procedures to implement the intention of this article. Sec. 54-315. Abandonment of Facilities. (a) Upon abandonment of a Facility owned by a Registrant in the Public Rights -of -Way, the Registrant shall notify the Director within ninety (90) days. The Director may direct the removal by delivering written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (1) compromises safety at any time for any Public Rights -of -Way user or during construction or maintenance in Public Rights -of -Way; (2) prevents another Person from locating Facilities in the area of Public Rights -of -Way where the Abandoned Facility is located City of Miami Page 28 of 46 File Id;14-00344 (Version 1) Printed On; 4/29/2014 File Number 14-00344 when other alternative locations are not reasonably available; or (3) creates a maintenance condition that is disruptive to the Public Rights-of-Way's use. ,(b) In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the City or a third party at such third party's cost. (c) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. Sec. 54 311 54-316. Florida Consumer Choice Act of 2007. This chapter 54 shall be construed in accordance with the Florida Consumer Choice Act of 2007 ("the Act") so that the city shall retain all rights and obligations permitted by the Act to be retained by the city as of June 30, 2007, and so that the obligations and rights of all persons which have previously obtained permits and previously entered into agreements with the city and all persons which shall obtain permits in the future and enter into agreements with the city in the future for work to be performed or conducted within and any related maintenance and restoration of the city's public right-of-way as defined in section 54-1, as amended, and for any other continuing obligation to the city as permitted by law, shall be construed as in force as of June 30, 2007, and so as to comply with the nondiscriminatory mandate of the Act. Secs. 542-54-317 - 54-340. Reserved. ARTICLE IX, COCONUT GROVE SPECIAL EVENTS DISTRICT * * Sec. 54-341. Created, restrictions; application and approval required. * * * (c) Restrictions established. The following restrictions shall apply to the district, excluding Coconut Grove Ex-pe-Gent permitted activities undertaken on Pan American Drive: (1) There shall only be two events per month. The term "event," for the purpose of this article, is hereby defined as an activity where any one of the following conditions occur within the special events district: c. Any temporary, partial use of, complete or partial obstruction of public streets or rights -of -way pursuant to section 44-3 54-6 or section 54-6 54-6.3 of this Code connected with an activity satisfying the criteria set forth in the other subsections herein; * Sec. 54-343. Supplementary user fee established. There shall be a fee required for special events occurring within the Coconut Grove special events district as follows: * (4) All revenues derived from said supplementary fee shall be deposited in an account known as the Coconut Grove special events district fund and shall be utilized for promotion, marketing, advertising of the district as well as administrative expenses of the Coconut Grove business irnprovement district. board ("BID board"), and for the City of Miami Page 29 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 maintenance, improvement and beautification of Peacock Park and the Coconut. Grove special events district, without reducing the otherwise normal allocation to the parks. Additionally, funds currently collected by the city department of public works from "sidewalk cafe and banner fees" in the SD 2 district Coconut Grove special events district shall also be placed into the Coconut Grove special events district fund following the adoption date of the ordinance from which this section derives. ARTICLE X. SHEAR ALERT SYSTEM(S) RESERVED. Sec. 511371. Statement of purpose. gable for this article: (1) To regulate the erection, c ' , ' , placemont of low level wind shea alert stems-(-horeinafter-referred-to aiv the "L /l S') by the Federal Aviation Administration (hereinafter referred to as the "FAA") in, upon, along, across, f ' nerr�r-con-rnected-wTtthe , places within the corporate limits of th_e—e tu♦`e may_exis d (2) To prnvido the cit„ with compensation for thc cost of regulation imposed by this article for a LLWAS. Sec. 5/1 372, Definitions. For the purpose of this article and any agreemen ems -terms; -their-dcrivationo shall have the -meaning gi„en herein unl,es,s } le Gs such meaning would-be inconsistc 'on: FAA ally -appointed succossor. 1 ,1-Ac_ or rew-Ie„el-wi1 4 shear alert r„stn r alert sensors, Potes' ' ' in any_manner is connecter! with the-s-trects, public-rig1Rts- the corporate limits of the city, as now or in the future may exist. L-L-WAS ho FAA to erect, construct. -reconstruct, install, operate,, mainta, dii mant , test, repair, use, rebuild: and replace an " `"- rIAS -haft occupies the streets, public rights -of way or- blie-places within the -oily: Any LLWAS permit agreement(s) irr,,ued in accordance -her to a tandard form agreement Per t-tee-r sans the Fno, „r its legal ucccssor in interest, that is issued a LLWAS permit agreements) in accordance with thc provisions of this article for the erectierr-sonction, reconstruction, installation, operation, maintenance, dismantling, testing, repair,eel-r-ebuildi-ng or replacement of an LLWAS in the city. odicated, deeded, used or to be used for a street, alley, walkwayrboulevardT-Etrainage facility, access for ingress or egress, or other purposes by the 'duals or governing bodies. meet sane an„ area s-tabllshed for vehicular or public access use, or the entire width between the bound ereof is opcn for public pu " ' ut is not limited to, highway, avenue, road, drive, lane, boulevard, court, c y, circle, terrace and place. Sec. 5/1 373. Service of notice. All notices required to--b eomcd he city-pablle w,i �� a„eete -er-te Ise -depart r-king hours. City of Miami Page 30 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number; 14-00344 Sec. 51 371. No Iiabilit e war -ratty t bo to or hold the city responsible or liable for any damage to persons or property by r acon of any inspection or reinspoction authorized herein or failure to r disapprovel-of--any-installation--autherized-harein-Genstitute-any-4epresentationi-guarantee-cr gent or employee thereof, Sec. 51 375. Length of-pormit agreement(s). (a) Any LLWAS permit agreement(s) issued by the city in accordance herrewith shall be a nonexclusive permit for the 1 �s© of the streetcrpublis-rights of way or public places within ITVi"I /�IYV Vlllllt IVI �I-IV NVV-�1-L the city as specif' ' , . ing, repair, use, rebuilding and l�Lvv eiPasemnnt of an I I WAC (h, An� r mj-LA permit issued by the city shall continue in full forco and effect so long as the permittce is in compliance with thisocal ordinances and regulations and the space oc ose. (c)- } -the event anyLLA/AS--permi -shall be revoked, the applicable LLWAS Than bo removed frog-t-he treets, public rights of way and public places in accordance with the Ses, 54-o-7-g-P-ers (a_a)_Any I 1 WAS permit agreements) innued in cordance hcrcwith shall apply only to the l it or permits. (b) Nothing in this article shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the construction or installation of an LLWAS shall be issued. The requirements for any and -all -permits as may bo required ce; i of fling-tl e-right-ef-way utilization permit, shall still apply and all other applicable permit fees steal{ still be due. Sec. 54.377. Technical standards. ion, installation, operation; maintenance -dismantling, testing, repairs -use, robuildi -a„-LL SAS + r ' dltions of the South trical Safety -cede. S arized designee shall have the following powers and duties: ( -review-a.pplicatono far I I WAS nor_r_mit-s; (2) Review a ited all roports and filings submitted "-� he-- ermittee-te-the city pursuant to this article; and (3)-Submit regulations regarding the erection, construction, reconstruction, installation, operation;-maintenanso, dismantling, testing, repair, use, rebuilding or replacement -of any. I I WAC established by LL.W: AS peimi4Lrn-a promulgation. Sec. 5/1 379. Compensation for permit. The annual -comp h the FAA shall pay the city for a permit for the usa of public rks. Sec. 51 380. Indemnity. City of Miami Page 31 of 46 File Id,14-00344 (Version 1) Printed On, 4/29/2014 File Number: 14-00344 (a)-Thc city shall not at a r damage occurring to any person or property from any cause whatco edition of the permitteo's LLWAS. (b) Tho perrtaittee-shall igTrindemnify and save. the ctty harmless fer and againe4 a l-Giaims for compensatory money damages for injury or Ions of property-er-personal injury or death e-of -the-per-rnittee while acting within t der circumstances where the permittee, if a private pers taco where --the act or o the foregoing indemnity shall not extend to claims pe mitteef employee for which-- ie-pormittee would not be Ilablo under the Federal Tort Claims Act of Sec. 5'l 381. Police powers. Neething in this article er in any I I WA --p� erev°.ith hall be cenetrued r,y of its police powers. Sec. 5'1 382. Uso of strcots, public rights -of way and public places. in any way connected with the streets, public rights o , the permitto , I+G-weks: Applications for such app d^ '� in -the errn-pres 'bed by the diroctor of csignoe. (-b Jpen-ob crmittec shali-give tho department of public e ,ors written-notico within a reasonable time of proposed construction, but in no event shall such notice be given less than ten days before such commencement except for emer , . (c) It shall be unlawful for -the pormittoo or any other p surface of any stroot, sidewalk, driveway, public way or othor public place for any purpos, er preeecding in the manner prescribed in subsections (a) and (b) hereof, Violation ^f t- th, s-section shall subject -the cdics prescribed thorcin and to all other remedies; legal-er-eq-u1tabie; which aro availablo to the city. (d)--The-permittee shall restero any street or sidewalk it has disturbed in accordance with -the provisions of the city's standard specifications for streets an , at its ownnd exnens^ restore and rep rbed, damaged or in ed as the condition such propertypwasto the disturbansc, damage or inju-r-y er-pay th (e) The per-mittee-shoal at -its -own -costa and -expense, protoet, --support, temporarily disconnect, relocato in tho same street,public place, or remove from such street, other p piaoeT-any-ef its property when required to do so by the city because of street or other public excavation, l-I+nos, vacation or relocation of streets, or any other type -of stru^tiro or improvement necessary forth or upon termination or expiration of the permit. (f) Tho pormittcc shall maintai lines, eabtee; Ra-ethereal-aftd (g) Tho p , d current records of its system and facilities which occupy the streets, public rights ofway-and-p-u-blis-plao �ita hip--the-city City of Miami Page 32 of 46 Ftle Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 and shall furnish as soon as they are availableords, including as bui , apartment of public works governing the construction and installation of the LLWAS. Secs. 64-383-54 371 - 54-410. Reserved. ARTICLE Xl. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES * Sec. 54-420. Locations and placement of pay telephones. * * * (e) Pay telephones shall not be installed in single family residential or duplex residential district;, T3 or T4-R Transect Zones, as described in Ordinance No. 11000 Miami 21, the zoning ordinance code of the city, as amended. * * * ARTICLE XII. LITTLE HAVANA SPA IAL EVENT DISTRICT Scc. 51 140. Cr ted, restrictions. (a) Boundar-ies ere-i-s created, ia-men of lF L-opez-(o Little Havana orth' y the Miami River and Northwest 7th Street, on the south by Southwest 9t Street op both silo o —tho east by State Roar! 1_95 and the Miami River, and on the west by 37th Avenue, to be known as the "Little Havana Special -Events District." (b) Restrictions established. The following -restrictions shall apply to the district: even er-r-non#h-shall--occur—The teem--teven-t for the ose of -this occur -within -the special events district: a. Any selling of alcoholic beverages in the public right -a , parks -other -than -in -lawfully permitted &idewai , Gafe b. Any pyrotechnics display; Code; d. Any parade or procession, , c. Any temporary vending or blie-rights-ef 65 of the city Code; or f m�nl nio I rule nr mi ioementc f. Any Use On-n�-rides-i rcrc�vrcn-nuvc�T�nrs (2) The -following annual -extents held-in-the-I-ittle-Havana-Speeial-Events-Pi-etrriot-prior to the adoption of this article are exempt from the restrictions set forth in subsection (b) (3) The two events per month restriction shall be further limited to: prevent events on successive weekends, except for Calle Ocho Festival and Carnaval Miami; no moro than 2/1 events per year inclusive of those events exempted pursuant to cu seetion any reason-othor than -an act of God, the event looses the exemption set forth in the section. +tted to the ex i le Havana Festi , the event. City of Miami Page 33 of 46 File Id 14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 { - ie ilj tes-will be gi„en on a first come, first corvod basis to those cvonts that er modify any of the above restrictions Secs. 51 141 - 54-414. Reserved. Sens 51_11F Sl 1pplementary I lser fee established Vv• VT 7TV. VlA h11./1 VI11 V1141Ar� 4AV VIVtiTV L44\F%IIVI IV�A: The-fee-reguired-fer--special evenits-eso wing—"v'ithm-+ilrrc Little Havana Special Events (1) a. The promoter of the event shall pay to tho city a supplementary user---fee-of-ten percent of the -estimates cost of the city's arvices for the event, This supplementary fee is in addition to the monies paid for the city's service fees. ieusly given, the -promoter shall--pay--to-thathee-addit pal--mehies-wi#h1n 30 days after -the -event (2) The supplementary user fee shall net exceed S1n 000410.. {3) The supplementary user fee shall bo paid to the city no later than ten days prior to the event. (4) all revenues derived from said supplementary user fee shall bo dopositod in the e I ittle Havana Special Events District Fund and shall be utilized, basod on the recemmeradaion of the committee, for the mrraintenanG , nt and beautificaattion of the I ittle Havana Special Events laistriGt8' 4 ef'Y" (5) The city commi'-sion shafl-net waive the c 1pplementary user fee, " Section 3. Chapter 55 of the City Code, entitled "Subdivision Regulations", is amended in the following particulars: {1} "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-1. Definitions Engineer means a civil engineer registered under F.S. ch. 472 471 who is in good standing with the state board of professional engineers and land surveyors. * * Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of professional engineers and land surveyors and mappers. Lot includes any platted tract or platted parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified, intended as a single building site or unit for transfer or ownership for development. * * * Plat and street committee is the technical committee that shall review all tentative plats before acceptance by the city commission. The composition of the committee shall be as follows: (1) Department of public works; department of planning; department of building and z office of zoning; department of police; department of fire -rescue; department of general cervices adrii*tr-at-ien-; department of solid waste. City of Miami Page 34 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 Public utility includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, cable television or telophono lino communications facility, whether underground or overhead. * * * Sec. 55-6. Same -Revising plat after approval. Any changes, erasures, modifications or revisions to an approved plat prior to recordation may only be made by the fiat survey section with the approval of the supervisor of plats to correct scriveners' errors, reflect accurate legal descriptions and locate right-of-way dedications, drainage ways and easements. * * * Sec. 55-7. Same -Procedure -Conference and tentative plat. (a) Preliminary conference. The subdivider or his engineer or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the supervisor of plats, or his designee, in order that he may become familiar with the subdivision requirements. (b) Tentative plat. The tentative plat shall show all of the facts and data required by the supervisor of plats to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest. (1) The following information shall be a part of the tentative plat unless waived by the supervisor of plats: * * * p. A plat application signed by the owner, or owner's designee, and notarized on the form prescribed by the supervisor of plats. * * (2) The following information shall be submitted in addition to the tentative plat if requested by the supervisor of plats, or by the plat and street committee: a. Any proposed changes in the use, height, area and density districts or other regulations under Ordinance-Ne 4999 the Miami 21, comprehensive zoning ordinanco code for the city, applicable to the area to be subdivided. Sec. 55-8. Same -Same -Final plat. * * * (c) Contents. (1) Name of subdivision. The plat shall have a title or name. The terms "town," "city" or "village" or any other terms suggesting a municipal corper-at+on municipality shall not appear in the title or name of any plat which includes any property in the City of Miami, The supervisor of plats of the city and/or Miami -Dade County shall disapprove any name or title which may be found to be sufficiently similar to the name of any existing town, city or village or municipal corporation, or the name similar to any previously approved plat in the incorporated or unincorporated areas of the county which may cause confusion as to the status or the location of any platted property. * City of Miami Page 35 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (18) Signature of the director and City surveyor of the city department of public works, certifying that the plat appears to conform to all of the provisions and requirements of this chapter. (20) Signature of director of the Miami -Dade county his —works --department of regulatory and economic resources and, if applicable, the director and county engineer of the Miami -Dade county public works/waste management department indicating that the plat also conforms to chapter 28 of the county Code. (e) Approval by city commission. (1) Upon submission of the final plat and the additional required data, the director of the department of public works shall cause the plat to be placed on the next available city commission agenda for approval. After approval by the city commission, and certification of said approval by the city manager and city clerk, the owner of the property being platted shall be notified that 11116 the plat is ready for recordation. The owner -shall -retrieve city shall deliver hio the plat from th and carry it to the appropriate county agency for county review and approval and subsequent recordation in the public records of Miami- Dade County. The plat must be recorded within 42-0 180 calendar days of the approval by the city commission. (2) If the property owner has not caused the recordation of the plat within the above - specified 4-2-0 180, the director of public works shall notify the city commission that the plat is in default, and is deemed abandoned. The director shall submit to the city commission, at the earliest available meeting, a resolution for their approval rescinding their prior action and ordering the release and/or refund of any bond for subdivision improvements. The property owner shall be notified by registered letter, return receipt requested, that his plat is In default and shall be informed of the date of the city commission meeting at which recision of his plat will be considered. At that meeting, the property owner may petition the city commission for an extension of time, not to exceed 30 days, in which to complete the recordation of his plat. The city commission may grant or deny the petition of the property owner for extension of time. If the extension of time is granted and the plat has not been recorded within the above 30-day period, the city commission shall automatically rescind its original approval of the plat. Sec. 55-10. Building permits; issuance; restrictions; exceptions. * * * (d) A permit may be issued for the repair, remodeling or renovation of a conforming or nonconforming building (other than a one -family detached dwelling and customary accessory buildings), structure or parking lot on a parcel of unplatted land or on a lot of record that has been divided into separate parcels, if proof is submitted that said unplatted parcel was described by deed prior to September 25, 1946, or that said division of lot was approved under zoning regulations in effect prior to June 27, 1983. Said permit will be for ordinary repairs, remodeling or renovation, for repairs or replacement of nonbearing walls (or of bearing walls where necessary for structural safety), fixtures, wiring or plumbing to an extent not exceeding those applicable provisions of the Miami 21 Code, as amended, or the South Florida Building Code, whichever is more restrictive. * * * City of Miami Page 36 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number, 14-00344 (h) Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to Article 7 of the Miami 21 Zoning Code, as amended, the zoning ordinpnce of Oho ty and the combined property included in the "covenant in lieu of unity of title" is legally platted or meets an exception to platting provided in City Code Section 55-10, replatting of existing and future internal divisions of the property will not be required for said project provided that the combined property is in compliance with the covenant in lieu of unity of title. * Sec. 55-11. Design standards. (c) Easements. (2) Where a subdivision is traversed by a watercourse, drainageway or canal, there shall be provided a canal maintenance easement or right-of-way conforming substantially with the lines of such watercourse, and of such width as shall be required by the ee-uwnty city public works department: and/or Miami -Dade public works/waste management department. (d) Lots. * (2) Lot dimensions, after dedication of necessary rights -of -way, shall conform to the requirements of Ordinance No. 11000 the Miami 21 Zoning Code, the comprehensive zoning or-dt+narAse code, as amended, for regular or irregular conforming lots. The provisions of subsection 7.2.7, Miami 21 2102.2, Orrda at ee-No. 11000, as amended, shall not apply to plats which subdivide unplatted land, or a combination of platted lots and unplatted land. * * * (9) No plat shall be so designed as to create a remainder of a previously platted lot, or an unplatted tract of land, which is a substandard building site in accordance with the provisions of Ordinance No. 11000 Miami 21. * * * Sec. 55-12. Required improvements. Prior to the granting of the final approval by the city commission, the subdivider shall have installed or shall have furnished adequate bond of 115 percent of the cost of improvements, as set forth in writing to the subdivider by the supervisor of plats, for the ultimate installation of the following: * * (2) Streets. d. Fill. Fill shall be placed in the entire subdivision to the elevations, after settlement, indicated on the flood criteria maps prepared by the county depaent of public work, Miami -Dade County. The type of fill shall meet with the approval of the department of public works. Soil tests of the fill and the underlying material, in areas in which streets or other public facilities are to be located, shall be required. The fill for the balance of the subdivision may be certified by a registered engineer as to type and method of placement, or the engineer shall submit a statement as to type of fill to be supplied, and method of placement, the latter statement being for information, not certification, purposes. City of Miami Page 37 of 46 File Id:14-00344 (Version 1) Printed On, 4/29/2014 File Number: 14-00344 e. Street signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the county and shall be placed in accordance with the standards of the county and the county manual of public works construction. The type of street signs and their location shall meet with the approval and inspection of the county's director of public works/waste management department, (3) Water supply system. a. Domestic water supply. The subdivider shall contact and make the necessary arrangements with Miami Dade Water and Sewer Authority Department for construction, extension and/or upgrading of the domestic water supply system necessary to serve the area being platted. The final plat shall not be forwarded to the city commission for approval until notification has been received in writing by the department of public works from Miami Dade Water and Sewer Authority Department that satisfactory arrangements have been made. b. Individual wells. individual wells for domestic water supply shall not be permitted. Deep wells for the disposal of on -site drainage of stormwater shall be constructed in accordance with requirements of the county department of environmental regulatory and economic resources management and shall be approved by them. On -site stormwater must be accommodated on site. Drainage from on -site sources into the public right-of-way shall not be permitted. * * * (4) Sewage disposal system. a. Connection to existing sewer. On streets with existing sanitary sewers, each new lot in a subdivision shall be provided with a sanitary lateral connection. When necessary, the existing sanitary sewer shall be extended, and new lots shall be provided with a sanitary lateral connection. All construction shall comply with standards and specifications of the department of public works and Miami -Dade Water and Sewer Department and shall be subject to the inspection by the department and subject to issuance of the necessary permits prior to construction. b. Septic tanks. Where there is no sanitary sewer available, septic tanks may be permitted upon approval by the county department of onvironmental regulatory and economic resources management in accordance with the provisions of chapter 24 of theMetropolitan Miami- Dade County Code. Septic tanks shall be installed in compliance with all of the requirements, specifications and standards of the county and state governing their use. * * * Sec. 55-14. Encroachments on or in rights -of -way, public easements, private easements or emergency access easements; exceptions. (a) No building or any other type of structure shall be permitted on or in any right-of-way, public easement or emergency access easement, except required or approved utility installations, or as may be permitted under the Florida Building Code or chapter 54 of the city code. * * (c) Calculation of user fee. The user fee shall be calculated as follows: City of Miami Page 38 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 (1) Property owner must obtain a certified appraisal for the land value of the two properties from a certified general appraiser approved by the city. The land value per square foot of building shall be determined by dividing the total market value of the land comprising the entire project site by the maximum amount of building square footage that can be constructed by right as permitted by the applicable city zoning ordinancc(s) code. Sec. 55-15. Vacation and closure of rights -of -way and platted easements by plat. (e) Alternate method for vacation and closure of platted easements, The vacation and closure of platted private easements, platted public easements and platted emergency access easements, shall be accomplished by replatting the property as set forth in this section. Public hearings by the planning, zoning and appeals board and city commission are required, except in cases where waived by the city manager or his designee. Before the requirement for such public hearings may be waived, the applicant shall have obtained (1) written consent to vacate and close the platted private easement(s), platted public easement(s) or platted emergency access easement(s) from the holder(s) of the easement(s), (ii) written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement(s), and (iii) recommendations of approval from the departments of police, public works, fire -rescue, general--sorviees-administration solid waste and .planning, building and office of zoning. The written consent that must be obtained from the holder(s) of the easement(s) must specify that the holder(s) of the easement(s) consent(s) to the vacation and closure of the easement(s) and must specify whether the holder(s) of the easement(s) has (have) granted any type of interest in the easement(s) to a third party, and shall specify the third party's identity. In the event that a third party does have an interest in the easement(s), the applicant must also obtain the third party's written approval to vacate and close the easement(s). In addition, the applicant must submit an ownership and encumbrance search report prepared by a title company of the area encompassed by the easement(s) that is (are) to be vacated and closed. (f) Planning, zoning and appeals board 's public hearing for vacation and closure of rights -of - way and platted easements. After issuance of the findings of fact and recommendations by the plat and street committee, the subdivider shall make application to the department of hearing boards section for a public hearing by the city planning, zoning and appeals board for the vacation and closure. The procedure for public notice and public hearing shall be as set forth in sections 62 128 62-19 et seq., including the payment of the necessary fees as required by the Code. (g) City commission's public hearing for vacation and closure of rights -of -way or easements. After public hearing before the planning, zoning and appeals board and a recommendation by the board for or against the vacation and closure, a public hearing shall be held before the commission of the city. The procedure for public notice and public hearing shall be as set forth in sections 62 128 62-19 et seq., including the payment of any necessary fees as required by the Code. (i) Public alleys; alternative method for closure and vacation of public alleys abutting parcels of land zoned T3-R or T3-1_ (single-family residential) or T3-O (two-family City ofMiami Page 39 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 residential) and unimproved public alleys in T3 transect zones which abut any more intense transect zones. (1) Applicability. For public alleys which lie exclusively, abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential). Any public alley which has a parcel of land abutting any side which is zoned with greater intensity than T3 must follow the procedure established in subsection (a) herein. However, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect abutting any more intense transect may be vacated by the alternate method stated in this section. An alley lying between two streets shall not be vacated unless the entire portion of the alley between such streets is vacated or -and closed. (3) Procedures a. Pre- Application meeting. Any property owner making application to vacate or and close a publicly dedicated alley must meet with the supervisor of plats, or designee, and the director of planning and zoning, or designee, prior to applying for the vacation or -and closure. The purpose of the pre -application meeting is to acquaint the applicant with the procedures for vacating or -and closing an alley and to acquaint the supervisor of plats or designee with the proposed vacation. b. Application procedures. After the pre -application meeting, the applicant shall submit to the supervisor of plats, or designee, a completed publicly dedicated alley application package. The application package shall consist of the following: 1. Completed application form; 2. Non-refundable application fee pursuant to section 2-269 3. Legal description of all parcels of land abutting alley proposed to be vacated Of and closed; 4. List of all owners, including addresses, that abut the alley to be vacated or and closed pursuant to the most current Miami -Dade County Tax Roll and dated no later than ten days prior to submission of application; 5. Proof of ownership by the applicant of the property which abuts the alley to be vacated or and closed; and 6. Statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles during the past 12 months. c. Review Process. .Publication requirement. Notice of the plat and street committee meeting shall be published with the clerk of the city prior to the plat and street committee meeting. Notice of the public hearing before the planning, zoning and appeals board shall be published, one time, in a City of Miami Page 40 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 newspaper of general circulation in the municipality at least ten days prior to the date of the planning, zoning and appeals board hearing. (c}2. Notice to other property owners by U.S. Mail and posting at each entrance/exit way of alley. Notice shall be sent via U.S. Mail, certified return receipt requested to all property owners that abut the proposed alley to be vacated or and closed. Additional notice may be required as specified on the instrument of dedication of the public alley. The city shall also post notice of the public hearing at each entrance/exit of the alley. (0}3. Plat and street committee review. The application shall be submitted to the plat and street committee 15 days prior to the next meeting. The plat and street committee shall make a recommendation to the planning, zoning and appeals board, in writing, of its findings of fact and whether the plat and street committee recommends to unconditionally approve, approve with conditions, or deny the requested vacation and closure. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application for a public hearing with the planning, zoning and appeals board. 4.4.Planning, zoning and appeals board authority. The planning, zoning and appeals board or its successor is designated as the authority to render decisions pertaining to the closure or and vacation of alleys pursuant to the provisions of this section. 5. Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the requested vacation or and closure may be granted because it is in the best interest of the public. Determination of the closure shalt be based on whether the alley provides the public services. The planning, zoning and appeals board shall then by resolution approve, deny or approve with conditions, the requested vacation or and closure if such action is determined to be in the best interest of the public. The planning, zoning and appeals board shall deny the request if the evidence does not support the vacation Of and closure would be in the best interest of the public and the primary reason for the, closure is to provide a benefit for the applicant or adjacent property owners. The planning, zoning and appeals board may attach conditions to an approval including, but not limited to, access and utility easements reservation, landscaping, and public access easement. 6_Appeal to the city commission. Decisions of the planning, zoning and appeals board are to be deemed final unless, within 15 calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in the zoning ordinance. 7 Receipt of fees for approved alley closures and vacations. Upon receipt of notification of alley closure or and vacation approval, the applicant will submit such fees that are required for the publication of closure and vacation and recording fees pursuant to section 2-269. 8_ Automatic reservation of easement and procedure for release thereof. The city shall automatically reserve an easement over, across and under said lands for the installation, maintenance and operation of any utility located or to be located in the alleys or portions thereof vacated City of Miami Page 41 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Nurnber: 14-00344 OF and closed pursuant to this section. If the applicant desires that no easement be reserved, then as part of the application package referred to in subsection 55-15(i)(d)(ll); (3)b applicant is to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the alley being vacated or and closed. 9. Zoning of vacated alley. The district use and area regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the alley included within the vacation or and closure, unless otherwise specified. 10. Recording of instrument in the public record. The proof of publication of notice of public hearing and the resolution as adopted, shall be recorded in the deed records of Miami -Dade County, Florida. 11. Authorization for city manager to correct any typographical and/or non - substantial errors. In the instance when a certified opinion of title is received and reviewed by the city attorney demonstrating that a typographical and/or non -substantial error has occurred in the legal description of an alley or abutting parcels of land that was closed pursuant to this section, the city manager is authorized to execute documents, in a form acceptable to the city attorney, to correct any defects in the instrument. (i) Private alleys; alternative method for closure and vacation of private alleys abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) or unimproved private alleys in T3 transect zones which abut any more intense transect zones. (1) Applicability. This section applies to the closure or and vacation of any private alley, which lies exclusively, abutting parcels of land zoned T3-R or T3-L, (single- family residential) or T3-O (two-family residential). Any private alley which has a parcel of land abutting any side which is zoned with greater intensity than T3, must follow the procedure established in this section. However, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect abutting any more intense transect may be vacated by the alternate method stated in this section, as well. An alley lying between two streets shall not be closed er and vacated unless the entiree portion of the alley between such streets is closed or and vacated. (3) Procedures. a. Pre -application meeting. Any person proposing to vacate a privately dedicated alley must meet with the supervisor of plats, or designee, and the director of planning and zoning, or designee, prior to applying for the closure or and vacation. The purpose of the pre - application meeting is to acquaint the applicant with the procedures for closing or and vacating an alley and to acquaint the supervisor of plats, or designee, with the proposed vacation. b. Application procedures. After the pre -application meeting, the applicant shall submit to the supervisor of plats, or designee, a completed privately dedicated alley application package. The application package shall consist of the following information: City. of Miami Page 42 of 46 Flle Id:14-00344 (Version 1) .Printed On. 4/29/2014 File Number: 14-00344 1. Complete application form; application must be executed by all property owners which abut the private alley; 2. Receipt of non-refundable application fee pursuant to section 2- 269 3. Survey of private alley to be closed er and vacated including all abutting parcels of land with zoning designations, certified by a professional surveyor and mapper. Also, the survey must include the legal description and acreage of alley proposed to be closed er and vacated; 4. Proof of ownership from all the property owners that about abut the private alley to be closed er and vacated; 5. Releases from all utility companies and statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles during the past 12 months. c, Review Process. 1. Publication requirement. Notice of the plat and street committee meeting shall be published with the clerk of the city prior to the plat and street committee meeting. 2. Plat and street committee review. The application shall be submitted to the plat and street committee 15 days prior to the next meeting. The plat and street committee shall make a recommendation to the planning, zoning and appeals board, in writing, of its finding of fact and whether the plat and street committee recommend to the planning, zoning and appeals board that the city does or does not have any interest in the private alley. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application to the department of hearings boards section, for a public hearing by the city planning, zoning and appeals board for the vacation of closure. 3. Planning, zoning and appeals board authority. The planning, zoning and appeals board or its successor is designated as the authority to render decisions pertaining to the closure or and vacation of alleys pursuant to the provisions of this section. 4. Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the city has any interest in the closure of the platted private alley and that it is in the interest of the public good to consent to the closure or and vacation of the private alley. The planning, zoning and appeals board shall by resolution consent, consent with conditions or object to the requested closure or and vacation. The condition of the approval of the closure er and vacation may in the form of a reservation of easement. 5. Appeals to the city commission. Decisions of the planning, zoning and appeals board are to be deemed final unless, within 15 calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in the zoning ordinance code. City ofMiarn.i Page 43 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 6. Final resolution. The final resolution shall be provided to the applicants for proper recordation in the public records of Miami - Dade County, Florida. 7. Zoning of vacated alley. The district use and are regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the area included within the closure Of and vacation, unless otherwise specified. (k) Waiver of fees. The city manager may waive the vacation and alley closure fee required pursuant to subsection 62 156(6) 62-22(a)(11) in instances where the subdivider, by plat, is dedicating for public use, right of way that is equal to or greater in size than that which is being vacated. Sec. 55-16. Consideration of easements when alleged to be abandoned as a matter of law. (a) General application and requirements to deem an easement as abandoned. An easement may be deemed abandoned as a matter of law by the Public Works Department, following a recommendation by the Plat and Street Committee, if properly approved by the City Commission, and if the expiration of the easement is not properly addressed in the Easement Instruments. In determining if an easement is abandoned, the following shall be considered: (1) The Departments of the City, or other Governmental agencies who have permitting authority, have 'not issued any permits for utilities, communications, or similar uses within the easement area in the last thirty (30) years. (2) The general public has not used the easement for a public purpose for an associated or incidental purpose in the last thirty (30) years. The thirty (30) years shall be substantiated by documentation including, without limitation, affidavits based on personal knowledge, photographic evidence, tax cards and other evidence such as surveys attesting that there was no use by the public. (3) There are no records or documents that require the easement to be opened for access or use by the general public, or that require denial of any private use within the easement. (4) The City, or other governmental agencies who have permitting authority, have issued building permits allowing construction on or within the easement. (5) All written evidence submitted by the property owner to the Public Works Department indicates that any public service or public purpose use of the easement has been abandoned by the City or the general public, as applicable. City of Miami Page 44 of 46 File Id.•14-00344 (Version 1) Printed On; 4/29/2014 File Number: 14-00344 (6) The City has, at all relevant times in the past thirty (30) years, collected Ad Valorem Taxes and similar assessments, levies or impositions on the lots inclusive of the portion of the lots where the easement is located. (7) Written evidence demonstrating that the intention of the parties was to abandon the easement. ,(8) Such other factors as are recognized by the laws of the State of Florida to deem an easement abandoned under the general laws of this State. (9) This section is supplemental to any other remedies provided by the laws of the State of Florida such as judicial declaration that an easement is abandoned or a quiet title action. (b) Additional documentation. The property owner may have additional documents to support his or her allegation that the easement has been abandoned and recognized as vacated. These documents must be promptly submitted to the Public Works Department. The property owner will bear the burden to produce any additional documents at the request of the Public Works Department. The Public Works Department will only schedule hearings once the application is complete. The Public Works Department may establish required documents for such application and it shall only be processed when such documents are submitted. (c) Receipt of fees. Any application made under this Section must be accompanied by a non-refundable fee of three hundred and seventy ($370.00) dollars. The property owner making this application shall additionallypay any recording and copying fees as established by the state and the city. (d) City Commission's public hearing for deeming an easement abandoned as a matter of law. Once the required criteria have been met, a public hearing shall be held before the City Commission. The procedure for public notice and public hearing shall be as is followed by the Department of Works for their public hearing agenda items. (e) Determination by the City Commission. If the City Commission determines that abandonment interferes with a public interest, the easements shall not be considered abandoned and the request shall be denied. If the City Commission approves the request by passage of a resolution, the property owner may record a certified copy of this resolution. *IP Section 4. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 45 of 46 File Id;14-00344 (Version 1) Printed On: 4/29/2014 File Number: 14-00344 Section 5, This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {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 46 of 46 File Id:14-00344 (Version 1) Printed On: 4/29/2014