LTC 042-2005 Swale Ordinance Discussion with Community Homeowners Associations
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 042-2005
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From:
Mayor David Dermer and Date: February 10, 2005
Members of the City Commission
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Jorge M. Gonzalez '. '\I'-~.
City Manager \ ~ J
SWALE ORDINANdE DISCUSSION WITH COMMUNITY HOMEOWNER
ASSOCIA liONS
To:
Subject:
Pursuant to the request of the Neighborhood/Community Affairs Committee, in the next several
weeks the Administration will be starting to discuss the draft Swale Ordinance with groups in the
community. The Administration will be presenting the citizen created ordinance not advocating
adoption.
Attached is a two page summary that will be provided in advance of the meeting to each of the
Homeowner Associations (HOA) or interested groups discussing the draft Swale Ordinance.
Each of the affected Homeowner Associations will be asked if they would like to have a meeting to
discuss the draft Swale Ordinance. Any other group that is interested to discuss the Ordinance can
also be scheduled for a presentation and meeting. If you are aware of any interested groups, please
direct them to the Administrations attention and we will make the necessary arrangements.
The draft Swale Ordinance has been discussed briefly at the Neighborhood/Community Affairs
Committee On two separate occasions and some modifications incorporated at the request
Committee members. Given the scope of the Ordinance and the regulation that is proposed to limit,
especially parking and existing conditions in the swale, it should be anticipated that this community
discussion will invite a great deal of comment and/or reaction from the community. Any commentary
or concern that is generated in these community meetings will be brought to the attention of the
Neighborhood/Community Affairs and the whole City Commission prior to any requested formal
action.
The full Ordinance is On the City's website for citizens to review and comment.
If you have any questions on the Swale Ordinance, please feel free to contact me or Assistant City
Manager, Robert Middaugh.
JMG\RCM\sam
F:\cmgr\$ALL \BOB\swaleordhoaltc.doc
Attachment
c: Robert C. Middaugh, Assistant City Manager
Fred Beckmann, Director of Public Works
Vivian Guzman, Director of Neighborhood Services
Swale Ordinance
Page 1 of4
Visitor
Business
Employee
E-Government
PROPOSED SWAlE ORDINANCE
What is the Swale Ordinance and how does it affect my property?
During the planning process for the neighborhood improvements to be constructed through the City's Capi'
Improvement Program (CIP) and funded through the General Obligation (GO) Bond, residents asked how I
City would protect the investment that was planned for the swale areas. A group of interested residents
representing most of the affected areas was created to propose an ordinance to regulate swales. The draft
ordinance represents these residents' concerns and is intended to reflect the level of regulation that they fe
appropriate to achieve the goal of more attractive swale areas in the City.
The ordinance defines swales areas, provides for standards of care and appearance, regulates parking,
addresses existing conditions, and provides for a proactive permitting and inspection role for the City to as:
compliance.
This ordinance will be presented and discussed with residents through neighborhood association meetings
the next few months. Comments received will be presented to the City Commission for final review and act
For a copy of the proposed ordinance, c::1ic::l<l1efe.
What is a swale? The swale is that area of right-of-way in front of your home between the edge of the roal
your property line. In areas that have sidewalk, it is generally the area between the road and the sidewalk.
areas that have no sidewalk, it is generally the 10 to 15 feet of City right-of-way from the road edge to the
private property line. On nearly every street in the City, there will be a City controlled swale/right-of-way the
adjacent to your property.
What areas of the City are affected? The areas of the City that are zoned RS-1, RS-2, RS-3 and RS-4 al
affected. These zones include most of the single-family residential areas of the City, but can and do includl
some locations other uses such as smaller multi-family dwellings. Click hereforClmClpqf Clffectecl areas.
What is allowed in the swale?
. Approved and permitted landscape material. Native trees and plants that provide for a minimum 20 .
clear space are allowed. Hedges are not allowed.
. Parking as allowed, but more regulated than at present.
. Approved and permitted permeable pavers or stabilized grass area parking places. This will not allo'
asphalt or concrete paved parking areas. Emphasis is given to grass parking areas that is supportec
below ground materials.
Who is responsible to maintain the swale?
. As required in the current law, each resident will still be responsible to maintain the swale in front of
home. Swales are expected to be primarily landscaped with no ruts, bald spots or excessive weed
growth. Typical maintenance such as watering and fertilizing necessary to sustain an attractive swal
area is the residents' responsibility.
What are the parking restrictions?
http://www .miamibeachfl.gov/newcity /cityhall/swale.asp
2/1 0/2005
Swale Ordinance
Page 2 of4
. Only residents, their tenants and guests are allowed to park without restriction on the swale adjacen
their property.
. All other swale parking is limited to temporary parking, limited to no more than six hours in anyone I
and no more than two times in a week.
Construction areas: For properties with a building permit, all construction related parking must be pr
approved in a permit with approved parking areas designated and restoration required before issuar
of a certificate of occupancy for the construction.
. Only one vehicle may be parked in each 20 foot section of swale.
. One parking space using approved materials may be constructed in each 50 foot section of swale.
Asphalt and concrete paved areas are not permitted. Permeable pavers and subsurface soil stabiliz
areas are allowed.
When does this take affect?
. For neighborhoods with CIP work to be done by the City, after the construction is complete.
. All other areas, one year from the time of ordinance adoption.
Are permits required?
. Each swale must have a permit issued by the City. The permit is intended to be inexpensive and sin
to complete.
What happens to items in the swale that are present now and do not get permitted?
. Paved parking areas must be removed within one year of adoption of the ordinance at the owner's
expense.
. Mature trees that do not impact area will be permitted to remain.
. All other encroachments (items not permitted in the swale) must be removed if they do not meet
standards that determine that the encroachments do not have an adverse impact, at the time of sale
50% renovation of the property.
Send us your comments on the Proposed Swale Ordinance
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The following photos demonstrate swales that do not meet the standards
under the proposed ordinance.
http://www .miamibeachfl.gov Inewcity lcityha1l/swale.asp
2/1 0/2005