Ordinance 2018-4220 Seawall Revocable Permit
ORDINANCE NO. 2018-4220
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
82, OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY;"
AMENDING DIVISION 2, ENTITLED "REVOCABLE PERMIT;"
CREATING A NEW SECTION 82-97, ENTITLED "APPLICATION
REQUIREMENTS FOR SEAWALLS ENCROACHING ON CITY
SUBMERGED LANDS;" AND FURTHER AMENDING DIVISION
2 TO ENSURE CONSISTENCY AND CLEAN UP OF THE
LANGUAGE OF THE CODE; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, certain canals, which were constructed by the City, are the property of the
City of Miami Beach; and
WHEREAS, property owners that front City-owned canals often seek to fix or upgrade
their seawalls; and
WHEREAS, to replace an existing seawall can be an incredibly expensive process for
the property owner; and
WHEREAS, alternatively, placing a new seawall, in front of the existing seawall, and
backfilling between the existing and the new seawall extends the length of the subject property,
but encroaches into the City's canal; and
WHEREAS, the alternative method can be more cost effective for the property owner;
and
WHEREAS, in order to assist property owners with a cost effective alternative to
replacing seawalls, the City administration recommends creating a revocable permit process so
that property owners adjacent to City owned canals, can reconstruct, in a cost efficient manner,
seawalls that are resilient to sea level rise; and
WHEREAS, the Administration also recommends additional amendments to the
revocable permit procedures outlined in the City Code, in order to streamline such process and
make it more efficient and user friendly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 82 of the City Code, entitled "Public Property," at Division 2, entitled
"Revocable Permits," is hereby amended to, amongst other things, create Section 82-97,
entitled "Application requirements for seawalls encroaching on city submerged lands." Chapter
82, Division 2, is further amended, as set forth herein, to streamline and make the City's
Revocable Permit process more efficient.
CHAPTER 82
PUBLIC PROPERTY
DIVISION 2. - REVOCABLE PERMIT
* *
Sec. 82-91. -Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Property or City Property means any land, water (including, without limitation, the city's
submerged lands) or air rights owned or maintained by the city, or in which the city holds an
interest.
Revocable permit means permission granted, in writing, for any use of rea-property
owned or maintained by the city, or in which the city holds an interest, by a person or entity,;
establishing conditions for such use,; providing for revocation by the city,, and establishing
requirements for return of the property upon termination/revocation.
Sec. 82-92. -Application requirements.
Applicants for revocable permits shall submit the following application requirements prior to city
commission consideration of the request:
(1) A completed application obtained from the city's public works department-and
(2) A title binder or title commitment or attorney's title opinion regarding title to the
subject city property and to the applicant's property abutting the subject city
property,as required by the city attorney.
(3) A statement explaining the reason for the applicant's request and showing the
need for a revocable permit in connection with use of the applicant's property
(4) A topographic survey by a registered surveyor showing existing conditions
and a drawing done to scale depicting the nubile city property that-is-the-subject
of the-request and the improvements proposed by the applicant, and indicating
the exact dimensions of the improvements and materials from which the
improvements will be constructed.
(5) A map of the subject area showing the subject city property highlighted and
indicating all properties within a 375-foot radius of the subject property.
(6) A list (on gummed labels suitable for mailing) of names and addresses of all
property owners of land located within 375 feet of the exterior boundary of the
subject city property, and a list containing the legal description of land owned by
each property owner of land within the 375-foot radius.
(7) A certified letter stating that the ownership list map and mailing labels are a
complete and accurate representation of the real property and owners of land
within a 375-foot radius of the subject city property and stating the source of the
information.
(8) A topographic survey of the applicant's property by a registered surveyor.
(9) A nonrefundable application fee and a mailing fee, in the amount specified in
appendix A. Additionally, the applicant shall pay all costs of advertising
connected with the request. For applications involving uses of city property that
have occurred or are on-going at the time of application the application fee shall
be as specified in appendix A.
Sec. 82-93. - Procedures for city commission consideration of the request.
(a) Upon receipt of a completed application for a revocable permit under the provisions of
Section 82-92 or Section 82-97 (for permit applications for seawalls that encroach into the city's
submerged lands by more than four (4) feet), the city's public works department shall transmit
setting—seta date for a public hearing on the request - •_ - • .. :- -- - •
(b) For public hearings on applications subject to Section 82-92 and Section 82-97(a)(5), the city
shall provide mail notice of the public hearing, at least 15 days prior to the hearing to owners of
land lying within 375 feet of the subject applicant's property. The notice shall indicate the date,
time and place of the hearing and the nature of the request and shall invite written comments
and/or participation at the hearing.
(c) The city attorney's office public works department shall prepare the prepesed—revesable
pawn appropriate resolution granting the revocable permit for consideration by the city
commission and, if the permit is approved, shall thereafter prepare and issue the proposed
revocable permit.
(d) The city administration shall review the request and prepare a recommendation based upon
the factors set forth in section 82-94, which report shall be transmitted to the city commission
prior to the public hearing on the matter.
(e) At the close of the public hearing, the city commission may grant or deny the request. In so
doing the commission may modify the proposed revocable permit.
(f) If the request is denied, no application may be made based upon the same request for a
period of six(6) months from the date of the denial.
(g) The applicant may withdraw the request at any time prior to the public hearing. If the request
is withdrawn prior to expenditure of costs for advertising and mail notice, the mailing fee and
advertising costs specified in section 82-92 or section 82-97, as applicable, shall be refunded to
the applicant. If a request is withdrawn or deferred at the applicant's request after the
expenditure of costs for the advertising and mailed notices, these costs will not be refunded and
an additional mailing fee and advertising fee shall be assessed prior to rescheduling of the
hearing. When a request is deferred at the city's request, no additional fee shall be assessed.
Sec. 82-94. -Criteria for granting/denying revocable permits.
(a) Revocable permits shall be granted or denied based upon existence of the following criteria:
(1) That the applicant's need is substantial.
(2) That the applicant holds title to an the abutting property.
(3) That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
(4) That the grant of such application permit will have no adverse effect on
governmental/utility easements and uses on the cidproperty.
(5) Alternatively-
b—That the grant of the revocable permit will enhance the
neighborhood and/or community by with such amenities as, for
example, but without limiting the foregoing, enhanced
landscaping, improved drainage, improved lighting, and-improved
security and/or public benefits proffered by the applicant-
(6) That granting the revocable permit requested will not confer on the applicant
any special privilege that is denied by this article to other owner of land,
structures or buildings subject to similar conditions located in the same zoning
district.
(7) That granting the revocable permit will be in harmony with the general intent
and purpose of this article, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public
welfare.
In order to grant a revocable permit, the city commission must make an
affirmative finding with respect to each of the criteria set forth above. These
findings may be made by one motion addressed to all findings or, at the request
of any member of the commission, a finding or findings shall be considered
separately. •- ••- :t : Z _ : -_ - -- . -. The
revocable permit application shall be considered as a whole unless any member
of the city commission shall request that the application be considered in parts, in
which event the application shall be considered in such parts as requested. In
light of the particular circumstances involved with each separate revocable permit
request, the grant of any revocable permit shall not constitute or be deemed a
precedent for the grant of any other revocable permit.
(b) In addition, to the criteria, in section 82-94(a), above, revocable permits for
seawalls under Section 82-97, shall require compliance with the following additional
criteria:
(1) The seawall location may not, in any circumstance, be built at a location
that would interfere with navigability. Should the proposed seawall interfere with
navigability of the city's property (i.e., in this case, of the canal), then the
applicant will be required, at its sole cost and expense, to dredge and replace the
existing seawall.
(2) The city shall execute a perpetual easement in favor of the applicant, in a
form reasonably acceptable to the city attorney, for as long as there is an
encroachment into the city's submerged land. The easement will allow the
applicant to use the city's land by filling in the submerged lands, and obtaining
access to the canal.
(3) The applicant shall be solely responsible for maintaining the seawall.
(4) General liability coverage of not less than $1.000,000, is required by the
applicant. It shall include the City of Miami Beach as an additional insured, and
shall contain a waiver of subrogation endorsement. All of the
applicant/permittee's certificates shall contain endorsements providing that
written notice shall be given to the city at least 30 days prior to termination
cancellation or reduction in coverage in the policy.
(5) The applicant shall indemnify and hold the city harmless for applicant's
use of the city property covered by the revocable permit.
Sec. 82-95. -Conditions, termination/revocation of revocable permits.
(a) Each revocable permit shall state conditions for its issuance, including, but not limited to:
(1) Use the permittee shall be permitted to make of the city property premises
(2) The nature of the improvements permitted on the city property premises.;
(3) Requirements for maintenance of the city property premises; by the
permittee
(4) Requirements for indemnification of the city by the permittee and insurance
as approved by the city's risk manager, including submission annually of proof of
such insurance;
(5) Requirements for condition of the city property premises;when it is returned
to the city upon termination or revocation of the revocable permit.;
(6) Nonassignability of the permit, -- --.-: : -. : --':• : . • . •':- '
(7) City and or its authorized representatives' right of entry on the city property to
repair utilities within any city easement, to inspect the property to assure that it is
being used and maintained in accordance with the permit, or to remove
unauthorized improvements.
(b)As a further condition of holding a revocable permit, the permittee shall pay an annual permit
fee, as specified in appendix A. The fee shall be due on October 1 of each year and shall be
prorated on a monthly basis for permits granted at other times during a permit year. The fee
shall be collected by the public works department or by such other department as may be
designated by the city manager. Notice of the amount due and instructions for payment shall be
provided to permittees at least 60 days prior to October 1 of each year. The permit fee shall be
applicable to existing and future permits. If the permit is revoked or otherwise terminated prior to
expiration of the year for which the annual permit fee was paid, a prorated portion of the fee will
be refunded to the permittee.
(c) Unless otherwise stated in the revocable permit, the permit shall terminate after the
expiration of 20 years, unless surrendered or revoked at an earlier date.
(d) All revocable permits shall be revocable at the sole discretion of the city commission, which
revocation may be without cause and for convenience, upon ten (10) days' prior written notice to
the permittee.
(e) The public works department, or other department as may be designated by the city
manager, shall notify permittee of any violations of the permit_ceaditiens. Any violations
remaining uncorrected after ten (10) days from receipt of such notice shall be reported to the
city manager and the city commission.
(f) Revocation shall be by resolution of the city commission. No public hearing shall be required;
however, the permittee or-his-representative shall be heard upon request prior to a commission
vote on the resolution.
(g) When a revocable permit is granted, the grantee permittee shall be responsible solely for
recording the permit in the public records of the Miami-Dade County county and shall provide a
copy of the recorded permit to the city clerk and the City's public works department within 30
days of the city commission's decision to grant the permit. Failure of the permittee to record a
permit shall be cause for immediate revocation of the permit.
Sec. 82-97. Application requirements for revocable permits for seawalls encroaching on
city submerged lands.
fa) Applicants for revocable permits adjacent to the city's submerged lands may be required to
build or re-build seawalls, and which seawalls cannot be located within the city's submerged
lands, at more than four feet (4') from the property line, at its most distant location, without a
revocable permit from the city. Property along canals owned by the city that encroach into the
city's submerged lands shall submit the following application requirements to the city's public
works department prior to any consideration of the request for revocable permit:
(1) A completed application obtained from the city's public works department.
j2) A title binder or title commitment or attorney's title opinion regarding title to the
city property and to the applicant's property abutting the city property, as required
by the city attorney.
j3)A statement explaining the reason for the applicant's request and showing the
need for a revocable permit in connection with use of the applicant's property.
(4) A topographic survey by a registered surveyor showing existing conditions
and a drawing done to scale depicting the city property that is the subject of the
request and the improvements proposed by the applicant, and indicating the
exact dimensions of the improvements and materials from which the
improvements will be constructed.
(5) For a revocable permit application for a seawall that encroaches into the
city's submerged lands by more than four(4) feet:
(i) a map of the subiect area showing the city property highlighted and
indicating the owners of land on either side of the applicant's property.
(H) a list (on gummed labels suitable for mailing) of the names and
addresses of the owners of land on either side of the applicant's property.
(iii) A certified letter to the city stating that the ownership list map and
mailing labels are a complete and accurate representation of the owners of
land on either side of the applicant's property and stating the source of the
information.
(6) A topographic survey of the applicants property by a registered surveyor.
(7) A non-refundable application fee and a mailing fee, in the amount specified
in appendix "A," entitled "Fee schedule." Additionally, the applicant shall pay
all costs of advertising connected with the request.
(8) Applications for revocable permits for a seawall that encroaches into the
city's submerged lands by less than four (4) feet: (i) shall be reviewed
considered, and approved administratively by the city's public works
department, which shall consider the criteria in section 82-94; (ii) shall not
require a public hearing under section 82-93 but, alternatively, shall require a
building permit.
Secs. 82-98-82-125. - Reserved.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the city of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 10 days following _-addo/ption.
PASSED and ADOPTED this /7 day of °C7‘kit-er , 2018.
ATTEST:
Dan Gelber, Mayor
6/3C/I8
Raf el E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
First Reading: September 12, 2018 & FOR EXECUTION
Second Reading:
(Sponsor: Commissioner John Elizabeth Aleman) 4 s V
City Attorney , Dat
Underscore denotes new language
Stdkethrougp denotes removed language
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Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
10:30 a.m. Second Reading Public Hearing
SUBJECT SEAWALL REVOCABLE PERMIT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CITY CODE,
ENTITLED "PUBLIC PROPERTY;" AMENDING DIVISION 2, ENTITLED
"REVOCABLE PERMIT;" CREATING A NEW SECTION 82-97, ENTITLED
"APPLICATION REQUIREMENTS FOR SEAWALLS ENCROACHING ON CITY
SUBMERGED LANDS;" AND FURTHER AMENDING DIVISION 2 TO ENSURE
CONSISTENCY AND CLEAN UP OF THE LANGUAGE OF THE CODE;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ANALYSIS
Certain canals, which were constructed by the City, are the property of the City of Miami Beach and
are considered public lands.
Property owners that front City-owned canals often seek to fix or upgrade their seawalls. One of the
options is to completely replace the seawall, which can become costly. Mother less expensive option
consists of placing a new seawall in front of the existing one, and backfilling in between the walls.
This option, however, may cause for the wall to extend the length of the subject property beyond the
property line and encroach into the City's canal.
The City Adndnistration recommends creating a permit process so that property owners adjacent to
City owned canals can reconstruct, in a cost efficient manner, seawalls that are resilient to sea level
rise that encroach onto the City's land.
Chapter 82 of the City Code is being amended to create Section 82-97, entitled "Application
requirements for seawalls encroaching on City submerged lands." This section creates a public
hearing process before the City Commission for seawalls that intend to encroach more than four (4)
feet into the City's canals.
The applicant shall be required to provide a 15 day prior written notice to all properties adjacent to
the property where the seawall is being replaced.
The seawall location may not, in any circumstance, be built at a location that would interfere with
navigability. Should the proposed seawall interfere with navigability of the canal, then the applicant
will be required to dredge and replace the existing seawall, rather than encroaching into the City's
submerged lands. The construction of any seawall requires approvals of the County, the State of
Page 697 of 1637
Florida and the Federal Government, which approvals would need to be granted prior to considering
the application process complete.
The application process requires the submittal of a number of technical documents and engineering
drawings. Additionally, each applicant shall be required to indemnify the City and hold the City
harmless, and provide the City with insurance, naming the City an additional party.
At its September 12, 2018 meeting, the City Commission read the Title of the Ordinance into the
record and adopted it on First Reading. A Second Reading Public Hearing is scheduled on October
17, 2018.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Legislative Tracking
Public Works
Sponsor
Commissioner Alenan
ATTACHMENTS:
Description
❑ FORM APPROVED SUBMERGED LAND ORD
Page 698 of 1637