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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #3151 Date: 10/25/2017 Commission Meeting Date: 02/22/2018 Type: Ordinance Subject: Amend Code - Chapter 10 - Public Safety Communications System PURPOSE OF ITEM: Requesting Department: Department of General Services Administration Sponsored By: District Impacted: All The following is an Ordinance amending the code of the City of Miami, Chapter 10 "Buildings", to add a new Article X entitled "City of Miami Microwave Path Ordinance" requiring persons or entities intending to construct or erect a building or structure or cause a building or structure to be erected or constructed that is within fifty (50) feet of the microwave path to do so in a manner which does not interfere with City of Miami's public safety telecommunications networks, install antennas to aid communication or provide the appropriate facilities necessary to eliminate the interruption; providing for intent; providing review procedures; providing remedies; providing with compliance with the Miami 21 Code; and providing for an effective date. BACKGROUND INFORMATION: Current communications system has an established microwave path that ensures connectivity for the public safety telecommunications system. This legislation would ensure that future construction not impede the established microwave path or provide remedy to ensure its connectivity isn't severed or obstructed. Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: N/A City Commission Nicole Ewan Department of General Services Administration Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division City of Miami Reviewed B 12/19/2017 2:10 PM Aniska Elliott Christopher M Rose Nzeribe Ihekwaba Daniel J. Alfonso Valentin J Alvarez Meeting Ricardo Falero Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Completed 11/16/2017 9:00 AM Department Head Completed Completed Completed Completed Completed 01/02/2018 11:50 AM 01/02/2018 5:34 PM 01/02/2018 7:04 PM 01/02/2018 8:20 PM 01/11/2018 6:46 PM File ID: 3151 (Revision: B) Printed On: 3/28/2025 Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 01/16/2018 4:35 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 01/16/2018 7:19 PM City Commission Maricarmen Lopez Meeting Completed 01/25/2018 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 01/30/2018 12:56 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 01/30/2018 5:01 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 02/01/2018 3:00 PM City Commission Nicole Ewan Meeting Completed 02/22/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 03/02/2018 4:39 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 03/02/2018 4:57 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/26/2018 4:28 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 04/12/2018 10:09 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed Office of the City Clerk City Clerk's Office Rendered Completed 04/13/2018 5:47 PM City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025 City of Miami Legislation Ordinance Enactment Number:13746 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3151 Final Action Date: 2/22/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS," TO ADD A NEW ARTICLE X, ENTITLED "CITY OF MIAMI MICROWAVE PATH ORDINANCE," REQUIRING PERSONS OR ENTITIES INTENDING TO CONSTRUCT OR ERECT A BUILDING OR STRUCTURE, OR CAUSING A BUILDING OR STRUCTURE TO BE CONSTRUCTED OR ERECTED, THAT IS WITHIN FIFTY (50) FEET OF THE MICROWAVE PATH TO DO SO IN A MANNER WHICH DOES NOT INTERFERE WITH THE CITY OF MIAMI'S PUBLIC SAFETY TELECOMMUNICATIONS NETWORKS, INSTALL ANTENNAS TO AID COMMUNICATION, AND PROVIDE THE APPROPRIATE FACILITIES NECESSARY TO ELIMINATE THE INTERRUPTION; PROVIDING FOR INTENT; PROVIDING REVIEW PROCEDURES; PROVIDING REMEDIES; PROVIDING FOR COMPLIANCE WITH ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to provide the Miami Police Department ("MPD"), Fire -Rescue Department ("Fire -Rescue"), and related personnel from other agencies with uninterrupted public safety telecommunication networks ("System"); and WHEREAS, it is necessary and in the interest of public safety to protect the System's microwave signal transmission paths ("Microwave Path") from interruption by buildings or structures that might impede or block those signals; and WHEREAS, the construction of certain buildings and structures in the City of Miami ("City") has resulted in the interruption of Microwave Paths and disruptions in the communications for the MPD, Fire -Rescue, and related personnel from other agencies; and WHEREAS, the permitted height of buildings in most Transect Zones is low enough or far enough from the path as to not cause concern about Microwave Path interruption; and WHEREAS, in other Transect Zones where higher buildings may be permitted, possible Microwave Path interruption should be a factor in determining whether to allow a higher building or structure at a specific location; and WHEREAS, the City's System, which relies on non -interrupted Microwave Paths, is essential to the public's safety since it provides communications for the MPD, Fire -Rescue, Emergency Medical Services ("EMS"), and Emergency Management personnel for communication during a crisis; and WHEREAS, the City also maintains interoperability with other agencies, including but not limited to Miami -Dade County, the City of Miami Beach, and the City of Hialeah; City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:1 "CHAPTER 10 BUILDINGS ARTICLE 1. IN GENERAL ARTICLE X. CITY OF MIAMI MICROWAVE PATH ORDINANCE. Sec. 10-135. This Ordinance shall be known and may be cited as the City of Miami's ("City") Microwave Path Ordinance. Sec. 10-136. Intent A. It is the intent of this Ordinance to ensure the uninterrupted operation of the City's public safety services, Miami Police Department ("MPD"), Fire -Rescue Department ("Fire -Rescue"), other agency's related personnel, and County operational telecommunications networks by requiring that persons or entities constructing or erecting structures in the City do so in a manner which does not interfere with the City's telecommunications networks, provide an approved remedy, or provide the appropriate facilities necessary to eliminate such interruption. B. The City's telecommunications networks are essential to the health, safety, and welfare of the City as it provides communications for law enforcement activities, emergency management, fire suppression, carrying on the business of government, and communications in time of hurricanes and other disasters. Sec. 10-137. Procedure A. To ensure compliance with this Section, any Person, Entity, or Designee for all new buildings or structures sixty feet (60') or higher or any existing buildings or structures sixty feet (60') feet or higher that undergo any modification that encompasses twenty-five percent (25%) or more of its square footage shall be responsible for supplying a Microwave Path Study to the City's General Services Administration Communications Division ("GSA") during the earliest application phase (i.e. the first land development or building permit to be applied for and processed, as applicable) of the project. B. The City's GSA will provide a determination as to whether a proposed building or structure will interfere with the City's Microwave Path. Such determination will be made depending on the height of the building or structure and the distance the proposed building or structure is from the Microwave Path and/or radio site. 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. City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025 C. Should the City's GSA identify a building or structure that does not conform with the above criteria for a Microwave Path Study and has due cause to believe that said new building or structure will potentially impact the City's Microwave Path or system, the City shall have the sole discretion to request the Owner/Applicant/Designee to provide a Microwave Path Study during the application phase of the project. D. The City's Microwave Path, graphically described in Exhibit "A," attached and incorporated, as may be amended from time to time, defines and informs building permit applicants of the buildings or structures covered by this Ordinance. Sec. 10-138. Microwave Path Study A. The Microwave Path Study shall include (1) the proximity of the new construction to the City's Microwave Path or radio site; (2) a tangential distance to the nearest microwave segment with a diagram delineating the locations of the new construction and of said closest microwave segment; and (3) calculations for the probability of interruption to the system. The Microwave Path Study shall be certified by an electronic engineer who is a holder of a State of Florida Professional Engineer license. 1. In the case where the City's Radio Communications Liaison ("RCL") agrees to the Microwave Path Study's findings of non -impact, the City shall proceed with the application and permitting process and grant approval of the land development or building permit, as applicable, subject to compliance with all other laws and regulations. 2. If the Microwave Path Study's findings indicate that there is an interruption or blockage of the Microwave Path, corrective action by the Owner/Applicant/Designee will be required to assure microwave system reliability is retained. This shall include interruptions that are determined despite a non - impact result from the Microwave Path Study. Sec. 10-139. Remedies Proposed remedy provisions (remedies for interruption or blockage to the microwave loop infrastructure), as outlined herein, shall be agreed upon and accepted by the Owner/Applicant/Designee and the City within the application phase and shall be adhered to during and after completion of construction. The Owner/Applicant/Designee may opt for either of the following remedies: A. At no cost to the City, the Owner/Applicant/Designee shall be responsible for: 1. The installation and operation of communications antennas, microwave, and transmission lines, as required, and the roof top space for said equipment. The roof top space shall have an area of no less than ten feet by ten feet (10' x 10'). All communications antennae and transmission line requirements shall be determined by the City's RCL, as per industry standards, and shall meet all federal, state, and local requiremnts. All proposed roof top space shall be reviewed by the City's RCL to ensure that the space is adequate for the restoration of the microwave system. 2. Providing no less than two hundred (200) square feet of enclosed air-conditioned space adjacent to the antennae installations for the City to place, install, and operate communications radio equipment. This room shall have at least two hundred (200) amperes electrical capacity. Electricity for said enclosed area will be on a separate meter and billed to the City. The building owner or designee shall be responsible for maintaining the air conditioning, space, and providing the City with access to all meters. The building owner or designee shall provide emergency backup power as specified by the City's RCL. The building owner or designee shall be responsible for meeting manufacturer's environmental requirements for all equipment located in said enclosed space (e.g. temperature, humidity, etc.). If the environmental requirements are not met and damage is City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025 caused to the equipment located within the space, the building owner or designee may be liable for damages caused to the equipment. 3. Reimbursing the City for any and all transmission equipment, installation, licensing, permitting, etc. (e.g. radios, antennae, cable trays, generators, UPS, etc.) needed for the City's microwave signals to continue to its original destination at the original signal strength (i.e. with no loss in signal or degradation), as determined necessary by the City. The equipment may be passive or active microwave systems (limited to the restoration of the microwave levels). The City reserves the right to replace or upgrade all equipment as required at the City's expense and the building owner or designee shall provide access to City personnel for such replacement or upgrade. 4. Providing an alternate signal routing either by using a local provider T1 or fiber - type service, during the construction and prior to interruption of microwave signals, to maintain or restore service to the City's communication sites. Alternative signal routing proposals must be reviewed and authorized by the City's RCL prior to implementation. B. At no cost to the City, the Owner/Applicant/Designee shall be responsible for providing alternative solutions by either reducing the obstructing height, relocating the obstruction elsewhere, or other solutions acceptable to the City's RCL. Sec. 10-140. Failure to Comply Non-compliance with the requirements and failure to adhere to the aforementioned remedies shall result in either the City's (1) denial of land development or building permit issuance, as applicable; (2) withholding or revoking an issued land development or building permit, as applicable; or (3) loss of occupancy certification which shall withhold the building and/or fire code inspector's permission to allow any habitation until the building passes Communication's system inspection, as required by this Ordinance. Section 10-141. Fee Assessment A. After a Microwave Path Interruption has been determined, the Owner/Applicant/Designee has sixty (60) days to implement the chosen remedy. Within said sixty (60) day period, the Owner/Applicant/Designee shall submit a letter of intent as to which remedy was selected and an invoice showing proof of the remedy. B. Failure to submit the letter of intent and detailed invoice shall constitute a civil offense and be punishable by an administrative civil penalty in the amount as prescribed in Section 2-829 of the City Code, or in an amount deemed appropriate by the Special Magistrate or Code Enforcement Board, as applicable, upon review of the violation. This remedy shall be cumulative and supplemental and not exclusive. Sec. 10-142. Compliance with Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") The City's Microwave Path Ordinance does not repeal, supersede, or remove any permitting requirements applicable under the Miami 21 Code, as amended. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance. it shall become City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025 APPROVED AS TO FORM AND CORRECTNESS: ey 2/1/2018 effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 3151 (Revision: B) Printed On: 3/28/2025