2016-4016 Ordinance Beach and Sand Quality
ORDINANCE NO 2016-4016
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE V, "BEACHES", CREATING DIVISION 3,
"BEACH AND SAND QUALITY," AT SECTIONS 82-472 THROUGH 82-478,
ENSURING THE PRESERVATION AND ENHANCEMENT OF THE
QUALITY OF THE CITY'S BEACHES BY REQUIRING TESTING OF
SAND OR FILL PLACED EAST OF THE COASTAL CONSTRUCTION
CONTROL LINE (CCCL), CONSISTENT WITH THE REQUIREMENTS
OF SECTION 161.053, FLORIDA STATUTES AND RULE 62B-33,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR FINAL
APPROVAL FROM THE CITY PRIOR TO THE PLACEMENT OF ANY
SAND OR FILL EAST OF THE COASTAL CONSTRUCTION CONTROL
LINE AND INCLUDING PROVISION THAT THE CITY'S APPROVAL
SHALL BE CONTINGENT ON THE APPLICANT OBTAINING A LETTER
OF NO OBJECTION FROM MIAMI-DADE COUNTY DIVISION OF
ENVIRONMENTAL RESOURCES MANAGEMENT (DERM), AND
PROVIDING -FOR COST RECOVERY FROM THE APPLICANT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has concerns relating to development of properties
east of the Coastal Construction Control Line (CCCL), which is located approximately midway
between Collins Avenue and the ocean. For those properties sand generated during
development must be placed on the subject site and/or on the beach, unless specifically
authorized otherwise by the Florida Department of Environmental Protection (FDEP); and
WHEREAS, The FDEP has the power, authorized by statute and the Florida
Administrative Code, to allow developers to relocate sand fill from their properties adjacent to the
CCCL and to place said sand "fill" on the beach adjacent to the proposed development; and
WHEREAS, the deposit of such fill ensures that the City's beaches, a portion of which is
owned by the State, do not erode over time and allows for sand to be replenished, provided,
however, the fill "sand"is "clean", as defined by the State; and
WHEREAS, prior to any such fill being placed on any beach, the adjacent municipality is
provided the opportunity to object or not object to the fill being placed on the adjacent beach;
and
WHEREAS, the state may not provide sufficient safeguards to ensure that the fill sand is
of the quality that the City demands; and
WHEREAS, the Town of Surfside, has worked with the FDEP, in order to draft an
ordinance that provides the municipality the safeguards to ensure that only clean fill sand is
placed on the beaches within the City's jurisdiction, to ensure that the beaches within the City's
jurisdiction remain nourished, and to ensure the protection of our coastline; and
WHEREAS, the City of Miami Beach desires to adopt a similar ordinance to that of the
Town of Surfside to ensure that the quality of fill sand provided for reuse along the beach within
the City meets applicable criteria, as provided by the county regulatory agency, Miami-Dade
County Division of Environmental Resources Management (DERM); and
WHEREAS, the proposed regulations address the physical and chemical characteristics
of sand placed on the beach as part of coastal development projects; and
WHEREAS, it is important to note that prior to implementation of the Surfside Ordinance,
Surfside vetted the draft ordinance with its Sand Project Community Monitoring Committee,
conducted a meeting with members of the public on January 21, 2015 to discuss the ordinance,
and also received input from the Town's experts, representatives from state, county and federal
agencies; and
WHEREAS, it is the State's responsibility to properly manage Florida's beaches, and to
provide for beach restoration and nourishment projects to restore critically eroded beaches.
Beachfront developers must submit a CCCL permit application to FDEP for review prior to
excavation or construction. This ordinance would assist the City in ensuring the quality of the
sand for said development projects; and
WHEREAS, the City of Miami Beach has the authority to promulgate setbacks, building
codes and land development regulations that are stricter than the State's requirements; and
WHEREAS, the proposed Beach Sand Quality Ordinance sets forth requirements that
exceed the current FDEP requirements for the physical characteristics and chemical composition
of sand excavated east of the CCCL; and
WHEREAS, consistent with the proposed Beach Sand Quality Ordinance the Developer
is responsible for the cost of testing the sand and as well as any fees associated with obtaining
soil classification letter and a letter of no objection from Miami-Dade County DERM for the
proposed reuse of the sand as well the costs associated with the City in conducting appropriate
oversight over the sand transfer-related activities; and
WHEREAS, the City Commission desires to approve the ordinance to require the
applicant to provide to the City a DERM soil classification letter and a DERM letter of no
objection with respect to the quality of the sand fill, prior to the placement of any excavated
sand in any area seaward of the CCCL above the mean high water line; and
WHEREAS, as DERM already has a soil classification letter and No objection letter
process, DERM would be utilizing its existing procedures to ensure that the quality of the sand
fill, prior to placement of sand in any area seaward of the CCCL is consistent with State law and
the requirements of Chapter 24, of the Miami-Dade County Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 82, "Public Property," Article V, "Beaches", creating Division 3, "Beach
and sand quality," at Section 82-472 through 82-478 is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
DIVISION 2
SECTION 472_750 RESERVED.
DIVISION 3
BEACH AND SAND QUALITY
Sec. 82-472. Beach sand quality. Added
It is hereby declared and determined that preserving and enhancing the quality of the City
of Miami Beach's beaches is essential to serve and benefit the City's residents and visitors. The
chemical and physical composition of beach sand must not interfere with the health, safety or
welfare of the.public or the environment.
Sec. 82-473. Definitions. Added
Applicant: An individual, corporation or other authorized legal entity filing an application with
the Florida Department of Environmental Protection (FDEP) for a permit that requires excavation
or placement of sand seaward of the Coastal Construction Control Line.
Beach: City definition is consistent with Section 161.54(3), Florida Statutes, which defines
"Beach" as meaning "the zone of unconsolidated material that extends landward from the mean
low-water line to the place where there is marked change in material or physiographic form, or to
the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is
alternatively termed "shore."
Beach nourishment: The maintenance of a restored beach by the replacement of sand to
mitigate erosion, often referred to as "beach renourishment."
Beach restoration:The placement of sand on an eroded beach for the purposes of restoring
the beach as a recreational beach and providing storm protection for upland properties.
Coastal Construction Control Line: (CCCL) A line established by the FDEP that defines that
portion of the beach-dune system which is subject to severe fluctuations based on a 100-year
storm surge, storm waves, or other predictable weather conditions, as established pursuant to
the provisions of Section 161.053, Florida Statutes.
Construction debris: The material resulting from the demolition of a structure. Construction
debris shall not include such material which has been sorted, cleaned and otherwise processed
such that it the sand utilized for beach restoration or beach nourishment meets the suitability
criteria for armoring materials set forth under FDEP rules.
Dune: A mound, bluff or ridge of loose sediment, usually sand-sized sediment, lying upland
of the beach and deposited by any natural or artificial mechanism, which may be bare or covered
with vegetation and is subject to fluctuations in configuration and location.
Erosion Control Line: (ECL) The line which represents the landward extent of the claims of
the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the
Atlantic Ocean, and the bays, lagoons and other tidal reaches thereof on the date of the
recording of the survey as authorized by Florida law.
Excavated sand: Naturally occurring material that is to be removed and placed pursuant to
the Coastal Construction Control Line permit through the mechanical or manual removal or
alteration of consolidated or unconsolidated soil or rock material from or within the beach and
dune system, pursuant to Section 161.053, Florida Statutes and Rule 62B-33, Florida
Administrative Code.
Florida Department of Environmental Protection (FDEP).
Hardpack: The sand road west of the Erosion Control Line used by public safety and other
authorized vehicles.
Mean high water: The average height of the high waters over a 19-year period. For shorter
periods of observation, "mean high water" means the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the equivalent of
a mean 19-year value. The mean high water line is the intersection of the tidal plane of mean
high water with the shore.
Miami-Dade County Division of Environmental Resource Management (DERM) is the
enforcement arm of Miami-Dade County, on behalf of FDEP. for Section 161.053. Florida
Statues, and Rule 62B-33. Florida Administrative Code.
Renourishment sand: Replacement sand used for beach nourishment or beach restoration.
Sand: Material that maintains the general character and functionality of the material
occurring on the beach and in the adjacent dune and coastal system.
Seasonal high-water line: The line formed by the intersection of the rising shore and the
elevation of 150 percent of the local mean tidal range above local mean high water.
Shore: See "Beach."
Sec. 82-474 Testing protocols for the chemical composition of excavated sand
seaward of the Coastal Construction Control Line.
Prior to placing excavated sand seaward of the Coastal Construction Control Line (CCCL),
the Applicant must comply with the City's "Testing Protocols for the chemical composition of
excavated sand seaward of the Coastal Construction Control Line," as listed in Appendix A, and
made a part of this Ordinance and obtain approval from the City. These tests may be
reassessed for periodic updates and review at the discretion of the City. through Miami-Dade
County Division of Environmental Resource Management (DERM). DERM already has a soil
classification letter and the "Letter of No Objection".("LONO") process, as delineated in Exhibit A.
Based upon the foregoing, DERM has existing procedures which would assist the City in
ensuring that Applicants, when placing sand anywhere seaward of the CCCL, do so in a manner
consistent with State law and the requirements of Chapter 24, of the Miami-Dade County Code.
APPENDIX A
Testing Protocols for the Chemical Composition of Excavated Sand Seaward of the
Coastal Construction Control Line (CCCL)
Pursuant to Section 82-474 of the City Code of Ordinances, prior to placing excavated sand
seaward of the Coastal Construction Control Line, the Applicant must comply with the following
protocols relating to the chemical composition of the excavated sand:
A. Obtain a soil classification letter and a letter of no objection (LONO) from DERM with
respect to the excavated sand and the proposed reuse. To allow for DERM's evaluation
for the purposes of soil classification and a LONO the following is required:
(i) A copy of a Phase 1 Environmental Site Assessment conducted for the property
at w hich the sand fill is being generated and if applicable (based on the results of
the Phase I) a copy of a Phase 2 Environmental Site Assessment. The Phase I
and Phase 2 (if applicable) shall comply with ASTM standard E-1527-13 and
ASTM Standard E1903-11 as may be modified from time to time, respectively and
must have been completed within one year prior to the application being filed.
(ii) The material shall be sampled and characterized in accordance with the DERM
Soil Reuse Guidelines available at
http://www.miamidade.gov/environment/library/reports/rbca soil reuse.pdf.
At a minimum (unless specifically instructed otherwise by DERM) the material
shall be sampled and analyzed for the potential contaminants of concern listed
below:
1. Resource Conservation and Recovery Act ("RCRA') eight (8) metals with
extraction by United States Environmental Protection Agency ("USEPA")
Method 3050 and analysis by USEPA Method 6010 or 200.7 (i.e., Arsenic,
aluminum barium, cadmium, chromium, lead, mercury, selenium, and silver).
2. Total Recoverable Petroleum Hydrocarbons (TRPH) by Florida Department of
Environmental Protection(FDEP) FL-PRO method.
3. Organochlorine pesticides by USEPA Method 8081.
4. Polychlorinated biphenyls (PCBs) by USEPA Method 8082.
5. Polycyclic Aromatic Hydrocarbons (PAH's) by USEPA Method 8270 (Short
List).
6. The Applicant shall also evaluate the leachability of the material via the
Synthetic Precipitation Leaching Procedure (SPLP; USEPA Method 1312) (as
applicable).
7. Any other applicable contaminant of concern.
(iii) The sample results along with the appropriate chain of custody documentation,
quality Assurance/quality Control (QA/QC) procedures as well as a written
evaluation of the results with respect to the applicable criteria (soil clean up target
levels, background concentrations, clean fill criteria, etc) shall be submitted to
DERM for review.
B. Applicant must conduct a lead and asbestos survey with follow up testing as applicable
through a firm or an individual that is certified for lead and asbestos inspection and/or
abatement in the State of Florida. Any testing must be in compliance with applicable
American Society of Testing and Materials standards.
C. A copy of the DERM soil classification letter and LONO along with the results of the lead
and asbestos survey and any testing shall be submitted to the City for final approval_
consistent with the above criteria.
Sec. 82-475. Testing protocols for the physical composition of excavated sand seaward
of the Coastal Construction Control Line.
Prior to placing excavated sand seaward of the Coastal Construction Control Line (CCCL),
the Applicant must satisfy the requirements of "Criteria for Physical Composition of Sand
excavated sand seaward of the Coastal Construction Control Line" as listed in Appendix B, and
made a part of this division 2. These requirements may be reassessed for periodic updates and
review. All testing required herein shall be reviewed by DERM to confirm compliance with the
criteria delineated in this Division 2.
APPENDIX B
Criteria for Physical Composition of Sand excavated sand seaward of the Coastal
Construction Control Line (CCCL).
A. The following physical sand characteristic standards are required for excavated sand
landward of the Seasonal High Water Line and seaward of the Erosion Control Line
(ECL).
1. Munsell value of seven (7) or greater with a chroma of three (3) or lower when wet.
2. Mean grain size between 0.30 mm and 0.55 mm.
3. Silt content less than two percent (2%) (passing a #230 sieve).
4. No material greater than five percent (5%) retained on #10 sieve.
5. Sand shall be free of construction debris, toxic material as determined by tests in
Section 82-474, and other foreign matter.
B. The following protocols for sampling and analysis shall be employed:
1. One core boring shall be analyzed for every 3,000 cubic yards of sand to be
excavated, as reasonably available to implement on site.
2. Sediment samples will be extracted from the core borings at irregular intervals
based on distinct stratigraphic layers in the sediment sequence. Samples that are
representative of the material defined within the area will be extracted and analyzed.
3. Composite data will represent the average physical characteristics of the material to
be placed.
4. An average of the representative layer, weighted by effective length, will be
calculated for each core, producing the core composite. The composites will then be
averaged and weighted by effective length to calculate the composite of the entire
sand source.
C. The composite of the source as a whole shall satisfy the aforementioned criteria for
material to be deemed eligible for placement along the City's beach.
D. Prior to any deposit of sand on the beach or seaward of the CCCL, a City Public Works
Right of Way (ROW) permit shall be required. Additionally, in conjunction with the City's
ROW permit, and installation of the sand seaward of the CCCL, the applicant shall notify
the City of the date and time of the installation. The City's consultant or designee shall
coordinate attendance at the installation to inspect and conduct sampling during the
installation, and the results of the testing shall be submitted to DERM for review at the
applicant's expense. Applicant shall be responsible for the City's costs relating to the
consultant or designee assigned to inspect the sand installation seaward of the CCCL.
All testing required herein shall be reviewed to confirm compliance.
Sec.82-476. Charges for consulting services for beach sand quality testing.
The cost for compliance with the C+ty Is above referenced beach sand quality requirements
shall be incurred by the Applicant. Applicant shall pay the cost of the collection of the sand from
the Applicant's site and the submission of the samples for tests to a qualified, licensed, and
regulated lab that meets industry standards to test the sand; as well as pay money through cost
recovery to pay for the City's independent consultants, professionals, or designees as it relates
to inspections for installation of sand seaward of the CCCL; any costs associated with plan
review and the evaluation of the sand quality testing; and the costs associated with the City's
enforcement of this chapter. Charges for consulting services for applicants are established by
the City through a purchase order, and shall apply to the beach sand quality testing and plan
review required by sections 82-474 and 82-475.
Sec. 82-477. Lack of compliance.
In the event that sand to be excavated seaward of the Coastal Construction Control Line
(CCCL) does not meet the Cif above referenced standards contained in this Division as
described herein then the Applicant ••- shall re•uest from FDEP removal and relocation of the
non-compliant sand to an approved upland area. This sand must be replaced with an equal or
greater volume of sand from an FDEP approved sand source, which will be subject to the same
testing protocols as identified in this division 2. as set forth herein.
Sec. 82-478. Exclusions.
Sections 82-474 to 82-477 shall not apply to sand for beach nourishment or beach
restoration projects authorized, undertaken and paid for by Miami-Dade County, the State of
Florida, or federal authorities. In no event shall the exclusions authorized by this Section apply to
activities of the Applicant.
Secs. 82-479-82-500. – Reserved.
SECTION 2. R EPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 8 day of UtA 20F1'6.
Mayor Philip :-Nee /
ATT- :
3.11"16 13,Z a p elalf
Ra'ael E. Granado, City Clerk —P . 4i4�
�\ a C� ♦ APPROVED AS TO FORM
AND LANGUAGE
•: _ , •ND FOR E UTION
INCORP ORAT �1 4 /
Z � .ul •g a,City Attor - Date
First Reading: May 11 , 2016 � , 2€
Second Reading: June 8/12016
Verified By:
Thomas R. Mooney ICP
Planning Director
Underline = new language
Strikethre gh = deleted language
[Sponsor: Commissioner Michael Grieco]
COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE V, "BEACHES", CREATING
DIVISION 3, "BEACH AND SAND QUALITY," AT SECTIONS 82-472 THROUGH 82-478, ENSURING
THE PRESERVATION AND ENHANCEMENT OF THE QUALITY OF THE CITY'S BEACHES BY
REQUIRING TESTING OF SAND OR FILL PLACED EAST OF THE COASTAL CONSTRUCTION
CONTROL LINE(CCCL), CONSISTENT WITH THE REQUIREMENTS OF SECTION 161.053, FLORIDA
STATUTES AND RULE 62B-33, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR FINAL
APPROVAL FROM THE CITY PRIOR TO THE PLACEMENT OF ANY SAND OR FILL EAST OF THE
COASTAL CONSTRUCTION CONTROL LINE AND INCLUDING PROVISION THAT THE CITY'S
APPROVAL SHALL BE CONTINGENT ON THE APPLICANT OBTAINING A LETTER OF NO
OBJECTION FROM MIAMI-DADE COUNTY DIVISION OF ENVIRONMENTAL RESOURCES
MANAGEMENT (DERM), AND PROVIDING FOR COST RECOVERY FROM THE APPLICANT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The proposed Beach Sand Quality Ordinance sets forth requirements for the physical characteristics and
chemical composition of the sand to be placed east of the Coastal Construction Control Line (CCCL).
The proposed ordinance requires the developer to pay for the cost of the testing,as well as the cost for the
City to conduct appropriate oversight over the sand transfer-related activities. The administration
recommends that the City Commission approve the ordinance to require that excavation and placement of
sand seaward of the CCCL comply with the protocols related to the chemical composition and obtain a soil
classification letter and letter of no objection from Miami-Dade County Division of Environmental
Resources Management(DERM)with respect to the excavated sand and the proposed reuse.
The Administration recommends that the City Commission adopt the Ordinance on second reading, public
hearing.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton, Director x 6121
Sign-Offs:
Department Director Assistant na• •r City M ger
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? MIAMIBEACH AGENDA ITEM
DATE (n-Y-
�•
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Philip Levine an Members o the City Commission
FROM: Jimmy L. Morales
DATE: June 8, 2016 SECOND READING - PUBLIC HEARING
SUBJECT: AN ORDINAN E AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE V, BEACHES," CREATING DIVISION 3, "BEACH
AND SAND QUALITY," AT SECTIONS 82-472 THROUGH 82-478, ENSURING
THE PRESERVATION AND ENHANCEMENT OF THE QUALITY OF THE
CITY'S BEACHES BY REQUIRING TESTING OF SAND OR FILL PLACED
EAST OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL),
CONSISTENT WITH THE REQUIREMENTS OF SECTION 161.053, FLORIDA
STATUTES AND RULE 62B-33, FLORIDA ADMINISTRATIVE CODE;
PROVIDING FOR FINAL APPROVAL FROM THE CITY PRIOR TO THE
PLACEMENT OF ANY SAND OR FILL EAST OF THE COASTAL
CONSTRUCTION CONTROL LINE AND INCLUDING PROVISION THAT THE
CITY'S APPROVAL SHALL BE CONTINGENT ON THE APPLICANT
OBTAINING A LETTER OF NO OBJECTION FROM MIAMI-DADE COUNTY
DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM), AND
PROVIDING FOR COST RECOVERY FROM THE APPLICANT; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
The Coastal Construction Control Line (CCCL) Program was established to protect the coastal
system from improperly sited and designed structures, which can destabilize or destroy the
beach and dune system. The Florida Department of Environmental Protection (FDEP) regulates
all construction activities east of the CCCL. Chapter 62B-33, Florida Administrative Code
requires that all excavated material east of the CCCL be retained onsite or within the larger
coastal cell.
In recent years a number of beachfront developments in Miami-Dade County, have had excess
sand material that the FDEP has permitted to be placed east of the ECL, on state lands. There
Commission Memorandum
Sand and Fill Ordinance
June 8, 2016 Page 2 of 2
are a number of areas in Miami Beach that are critically eroded and can benefit from additional
sand being placed to mitigate these erosional impacts.
The Chateau Ocean excavated approximately 20,000 cubic yards of sand that the State
permitted to be placed east of the ECL. In April 2015, this material was placed in the vicinity of
53rd Street to 58th Street to mitigate the erosion in this area. However, once the material had
been placed on the beach, construction debris, nails, concrete, and glass were discovered.
The Town of Surfside, which has also faced these same issues, worked with the Florida
Department of Environmental Protection, to draft an ordinance that provides safeguards to
ensure the quality of the material, and also ensures that the beaches within the Town's
jurisdiction remain nourished to ensure the protection of the coastline.
ANALYSIS
The City of Miami Beach has the authority to promulgate setbacks, building codes and land
development regulations stricter than the State's requirements. The proposed Beach Sand
Quality Ordinance sets forth requirements for the physical characteristics and chemical
composition of the sand to be placed east of the CCCL.
The proposed ordinance requires the developer to pay for the cost of the testing, as well as the
cost for the City to conduct appropriate oversight over the sand transfer-related activities.
The administration recommends that the City Commission approve the ordinance to require that
excavation and placement of sand seaward of the CCCL comply with the protocols related to
the chemical composition and obtain a soil classification letter and letter of no objection from
Miami-Dade County Division of Environmental Resources Management (DERM) with respect to
the excavated sand and the proposed reuse.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City, and the ordinance includes a cost
recovery provision from the developer for all testing required to ensure the safety of the sand.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance on second
reading, public hearing.
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