HomeMy WebLinkAboutO-13746City of Miami
Ordinance 13746
Legislation
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
City of Miami Page 1 of 5 File ID: 3151 (Revision: B) Printed On: 3/28/2025
File ID: 3151 Enactment Number: 13746
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;
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
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.
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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.
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
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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
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.
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File ID: 3151 Enactment Number: 13746
*,,
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
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 4/13/2018
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
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 5 File ID: 3151 (Revision: B) Printed on: 3/28/2025