Ordinance 2021-4393 ORDINANCE NO. 2021-4393
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
54 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"FLOODS," BY CREATING ARTICLE III, TO BE ENTITLED
"RESILIENCY STANDARDS FOR TIDAL FLOOD PROTECTION,"
TO STATE THE PURPOSE AND INTENT OF THE ARTICLE;
ESTABLISH DEFINITIONS; AND ESTABLISH CONSTRUCTION
STANDARDS THAT ENSURE THAT SEAWALLS AND OTHER
TIDAL FLOOD BARRIERS STRENGTHEN COASTAL
RESILIENCE AND MITIGATE THE EFFECTS OF TIDAL
FLOODING AND SEA LEVEL RISE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, sea level rise is one of the effects of climate. change and is a result of
different factors, including —an increase in water volume that is added by melting land ice
and the thermal expansion of sea water as it warms up; and
WHEREAS, sea level rise experts project an estimated increase in sea level of
approximately 10 to 17 inches by 2040; 21 to 40 inches by 2070; and 40 to 92 by 2120;
and
WHEREAS; seawalls and similar tidal flood barriers strengthen coastal resilience
when constructed in a manner that is substantially impermeable, and meet a minimum
height standard that effectively addresses existing tidal flooding and future sea level rise
for the expected lifetime of the seawall or structure; and
WHEREAS; In 2016, the Mayor and City Commission passed Resolution No.
2016-29454, which required that all new seawalls on private property, and for public
projects, have a minimum elevation of 5.7 feet NAVD; however, applications for new or
substantially rehabilitated seawalls not associated with new or substantial building
construction would be permitted a minimum elevation of 4.0 feet NAVD88 if designed and
constructed to accommodate a minimum elevation of 5.7 feet NAVD88 (and not lower
than the adjacent yard); and
WHEREAS, seawall elevation requirements need to be set and the structures
designed and constructed in a manner that does not create erosion and/or drainage
issues on the adjacent properties;and
WHEREAS, a minimum and maximum elevation standard for seawall construction
should be set to reduce the potential for a substantial visual discontinuity with their
neighbors; and
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WHEREAS, properties with low-lying seawalls can be the source of tidal waters
flooding adjacent properties or public rights-of-way; and
WHEREAS, seawalls, bulkheads, living shorelines, or other shoreline protection
structures need to be raised in a timely manner to reduce tidal flooding impacts on
adjacent private properties and public rights-of-way; and
WHEREAS, the City promotes and encourages the use of living shorelines to
provide a natural alternative to "hard" shoreline stabilization methods and provide
numerous benefits including nutrient pollution remediation, essential fish habitat
structure, and buffering of shorelines from waves and storms; and
WHEREAS, the proposed changes in this Ordinance will result in a more resilient
waterfront.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article Ill of Chapter 54 of the Code of the City Miami Beach is
hereby created as follows:
CHAPTER 54
FLOODS
ARTICLE III. Resilience Standards for Tidal Flood Protection.
Sec. 54-59. Purpose and intent.
The purpose of this article is to protect the public's health, welfare and safety by setting
minimum standards to be used in the design, construction and maintenance of waterfront
structures. This article establishes a minimum elevation for new seawalls and requires
failing and low seawalls, bulkheads, living shorelines, or other shoreline protection
structures that cause tidal surface water flooding to adjacent properties to be maintained.
The physical seawall improvements ensure new seawalls, bulkheads, livinq shorelines,
or other shoreline protection structures are designed with application of consistent
standards that account for future tidal flood conditions and coastal water levels predicted
with sea level rise, in accordance with current reqional sea level rise projections, as
updated and adopted by the City Commission.
Sec. 54-60. Applicability.
Mandatory compliance with the requirements of this Article shall be required for all
applicants with building permit applications that meet the following criteria:
(1) All new waterfront construction and substantial improvements; or
(2) All new seawalls; or
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(3) Substantial improvements to shorelines and shoreline structures.
Mandatory compliance with the requirements of this Article shall be required for all low
seawalls, bulkheads, living shorelines, or other shorelines protection structures that cause
tidal surface water flooding to adjacent properties and/or public right of way.
This article is not applicable to oceanfront beaches or shorelines seaward of the Coastal
Construction Control Line.
Sec. 54-61. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Bulkhead: A vertical or near-vertical, substantially impermeable structure erected along
water or a waterway, designed and constructed in such manner as to be substantially
impermeable and safely sustain any loads, both vertical and lateral, that may come upon
it, such as earth fill, water, moving traffic, storage of materials alongside, and the like.
coastal bulkheads are most often referred to as Seawalls; however, by definition, they are
intended to act as a shoreline stabilization structure that primarily retains soil and provides
minimal protection from waves.
Green-grey infrastructure or materials is a combination of engineered and natural features
that provide environmental qualities and ecosystem value.
Living Shoreline: A green infrastructure technique using native vegetation alone or in
combination with low sills (such as low elevation Seawalls or Bulkheads) to stabilize the
shoreline as a natural alternative to "hard" shoreline stabilization methods like Riprap or
Bulkheads. Living Shorelines may be more resilient than Bulkheads in protecting against
the effects of hurricanes. A Living Shoreline may have its waterside face consist of plants
and other natural elements that improve water quality, provide additional fish habitat, and
fosters increased biodiversity. The landside interface may be located anywhere on an
existing property fronting the Living Shoreline, as long as it is constructed in a manner
and location that ensures any habitable structures on that property are protected from
flooding from tidal waters and it prevents flooding of adjacent properties and the public
rig ht-of-way.
NAVD88 or the North American Vertical Datum ("NAVD 88") means the vertical control
datum of orthometric height established for vertical control surveying in the United States
of America based upon the General Adjustment of the North American Datum of 1988.
Public nuisance means injurious to the safety or health of the entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any public right-of-way.
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Rip-rap means a foundation of unconsolidated boulders, stone, rubble, concrete without
protruding rebar or similar materials placed on or near a shoreline to mitigate wave
impacts and prevent erosion.
Seawall means the vertical or near vertical (often interlocking) structures placed between
an upland area and a waterway or waterbody for erosion control.
Seawall cap means the concrete beam (usually cast-in-place and reinforced) which
connects seawall panels, piles and anchoring system (if present) together at the top of
the seawall structure.
Shoreline means the tidally influenced area where land meets water.
Substantial repair or rehabilitation means:
a) Any improvement and/or repairs to the existing seawall with a cost of$300 or more
per linear foot.
Tidally-influenced areas means a waterway with water level changes in response to the
daily tide.
Sec. 54-62. Minimum Elevations and Materials for New or Substantially
Rehabilitated Coastal Infrastructure within Tidally-Influence Areas.
a) All new seawalls or existing seawalls that require substantial repairs; shall have a
minimum elevation of 5.7 feet NAVD88. All existing seawalls that require repairs
but the repairs are considered less than substantial and existing seawalls that fall
below an elevation that incurs flooding to adjacent property and/or public right of
way shall have a minimum elevation of 4.0 feet NAVD88 if designed and
constructed to accommodate a minimum elevation of 5.7 feet NAVD88.
b) To the extent practicable, seawalls shall be designed and constructed to adjoin
immediately proximate seawalls to close gaps and prevent trespass of tidal surface
water.
c) Property owners are encouraged to consider approaches and materials that
enhance the biological value of traditional (flat surface) seawalls with the
incorporation of living shoreline features, the use of materials that encourage
biodiversity, and the use of biological forms, where practicable.
d) This section shall not be construed to require the installation of a seawall where
other flood protection measures and living shorelines serve as an equally effective
tidal flood barrier.
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Sec. 54-63. Coastal Infrastructure Maintenance Requirements within Tidally-
Influence Areas.
a) All property owners must maintain their seawalls, bulkheads, living shorelines, or
other shoreline protection structures or elements in good repair. A shoreline
protection structure is presumed to be in disrepair if it allows for upland erosion,
transfer of material through the barrier/wall or allows tidal waters to flow unimpeded
through and/or over the top of the barrier/wall to adjacent properties or public right-
of-way. Property owners with seawalls, bulkheads, living shorelines, or other
shoreline protection structures or elements below the minimum required finished
elevation, with permeable erosion barriers such as riprap, or land/water interface
of another nature are prohibited from allowing tidal waters entering their property
to flow to adjacent properties or public rights-of-way. Failure to maintain flood
mitigation infrastructure shall be a citable offense. The owner of the seawall shall
demonstrate progress towards repairing the cited defect within sixty (60) days of
receiving a citation. If the required repair meets the substantial repair threshold,
the property owner must design, obtain permits, and cause to be constructed
seawall improvements that meet the minimum elevation and design requirements
within seven hundred and thirty days (730) days of receipt of the citation.
b) Property owners with seawalls below the minimum elevation set forth in section
54-62(a), or permeable erosion barriers such as rip-rap, living shorelines, or a
land/water interface of another nature, shall not allow tidal waters entering their
property to impact adjacent properties or public rights-of-way. Property owners
failing to prevent tidal waters from flowing overland and leaving their property may
be cited. The owner of the property is required to initiate a process including, but
not limited to, hiring a contractor or submitting a building permit, and be able to
demonstrate progress toward addressing the cited concern within sixty (60) days
of receiving a citation from the city and must complete the proposed remedy within
seven hundred and thirty days (730) days of citation.
Sec. 54-64.As-built Requirements and Resilience Standard Certification.
a) Property owners are required to submit to the Building Department and Public
Works Department an as-built survey that is prepared by a professional surveyor
to show elevation of seawall (NAVD88) at the commencement of construction.
b) Property owners are required to submit to the Building Department and Public
Works Department certification by a professional engineer stating that shoreline
protection structures have been designed and constructed in accordance with this
Article and Miami Beach's Resilience Standards for Tidal Flood Protection
ordinance.
Sec. 54-65. Enforcement; Warnings; Civil Penalties.
(a) Failure to maintain flood mitigation infrastructure as set forth in Section 54-63(a)
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or to prevent tidal waters from flowing overland and leaving their property as set
forth in Section 54-63(b) shall be enforced by a floodplain administrator or
designee, a code compliance officer, or a police officer ( "enforcement officer") in
accordance with the procedures and penalties set forth in Section 54-65(b)through
(b) Warning. An enforcement officer shall first issue a written warning to remedy the
violation prior to issuing a notice of violation unless one written warning has been
issued in the 12 months preceding the date of violation. The written warning shall
require the property owner to initiate seawall repair or improvement, and be able
to demonstrate progress toward addressing the cited concern within sixty(60)days
of receiving notice from the city and complete the proposed remedy within seven
hundred and thirty days (730) days of citation. The written warning shall be
substantially in the same form as a notice of violation as identified in section 54-
65(c). Failure to either demonstrate progress towards addressing the cited concern
within (60) days of receiving notice from the City or upon failing to complete the
proposed remedy within seven hundred and thirty days (730) days of citation shall
result in subsequent violations set forth in this subsection. Each day such violation
continues shall be considered a separate offense.
(c) Penalties. If an enforcement officer finds a violation, the officer shall issue a notice
of violation to the violator as provided in chapter 30. The notice shall inform the
violator of the nature of the violation, amount of fine for which the violator may be
liable, instructions and due date for paying the fine, notice that the violation may
be appealed by requesting an administrative hearing within ten days after service
of the notice of violation, and that failure to do so shall constitute an admission of
the violation and waiver of the right to a hearing.
(d) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil-fine as follows for violations of sections 54-63(a) and/or(b):
i. First offense $250.00;
ii. Second and subsequent offenses $500.00.
or
(2) Request an administrative hearing within ten days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
enforcement officer which resulted in the issuance of the notice of violation.
(e) If the named violator, after notice of violation, fails to pay the civil fine or fails to
• timely request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the enforcement officer.
Failure of the named violator to appeal the decisions of the enforcement officer
within the prescribed time period shall constitute a waiver of the violator's right to
administrative hearing before the special master. A waiver of the right or an
administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly. The special master shall be prohibited
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from hearing the merits of the notice of violation or consideration of the timeliness
of the request for an administrative hearing if the violator has failed to request an
administrative hearing within ten days of the issuance of the notice of violation.
(f) A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by
the sheriffs of this state, including levy against the violator's real or personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes.
(g) Any party aggrieved by the decision of the special master may appeal the decision
in accordance with law.
(h) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(i) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state, including levy against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(j) The procedures for appeal of the notice of violation by administrative hearing shall
be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4_ 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 relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
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S E C T IO N 5 . E F F E C T IV E D A T E.
This Ordinance shall take effect on the "í day of T y , 2021.
PASSED AND ADOPTED this d ay ot Taney , 2021.
ATTEST:
Dan Gelber, Mayor
Rafa .
(Sponsored by Commissioner Samuelian)
Underline denotes additions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
SÉ'ar e o
City Attorney Date
k
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Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
2:25 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 54 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "FLOODS," BY CREATING
ARTICLE III, TO BE ENTITLED "RESILIENCY STANDARDS FOR TIDAL
FLOOD PROTECTION," TO STATE THE PURPOSE AND INTENT OF THE
ARTICLE; ESTABLISH DEFINITIONS; AND ESTABLISH CONSTRUCTION
STANDARDS THAT ENSURE THAT SEAWALLS AND OTHER TIDAL
FLOOD BARRIERS STRENGTHEN COASTAL RESILIENCE AND
MITIGATE THE EFFECTS OF TIDAL FLOODING AND SEA LEVEL RISE;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City adopt the Ordinance.
BACKGROUND/HISTORY
The 2019 Community Satisfaction Survey shows that 39.7% of residents have observed
increased flooding in their neighborhood, down from 73.7% in 2016. The City of Miami Beach is
investing in aging infrastructure to reduce food risk, adapt to climate change, and is committed
to building resilience on several fronts. Over the last few years,the City has updated its land use
development regulations for new construction to address water retention,setbacks and increase
in base food and freeboard elevation. These measures also contemplate sea level rise
scenarios to reduce the risk to the new inventory of buildings.
Miami Beach has approximately 53 miles of seawalls, of which 92% are owned by private
property. Existing City legislation does not address tidal waters overtopping seawalls and
impacting adjacent property and public right-of-way.
The proposed Ordinance was modeled from seawall ordinances recently adopted by Broward
County and the City of Fort Lauderdale. The City of Miami has also drafted an ordinance that is
going through the review and approval process. The proposed Ordinance looks at best
management practices from these other municipalities but is specific to Miami Beach, and
accounts for the feedback from the community. The main purpose of the Ordinance is to
provide the City the enforcement ability to address overtopping and to integrate the city's
Page 928 of 1954
seawall elevation requirements adopted in 2016 into Chapter 54 Floods.
The Ordinance was developed after discussions and direction at the Land Use and
Sustainability Committee. On July 24, 2020, the Committee forwarded the ordinance, by
acclamation, to the City Commission for first reading. On December 9, 2020, the Mayor and
City Commission unanimously adopted the Ordinance on first reading.
Stakeholder Engagement
Staff has engaged the following entities that provided feedback on the draft ordinance:
• Marine and Waterfront Protection Committee
• National Flood Insurance Program Community Rating System Program for Public
I nformation
• Sustainability Committee
• Marine Industry Focus Group
• General Public Engagement Meeting
On August 17, 2020, staff held a focus group discussion with marine contractors to gain insight
on the industry's perspective on the proposed ordinance and discuss potential of setting special
rates for Miami Beach property owners. Each seawall is unique and is designed to
accommodate existing conditions and specific design elements required by the property. In
addition, contractors pricing includes many factors such as variable material costs the amount of
work in relationship to their equipment and staff.
On October 6, 2020, staff held a public meeting and provided a seven-day public comment
period to obtain feedback of the proposed ordinance from residents. The meeting had 62
participants the questions and comments can be broken down into the following three areas:
1. Affordability and financing of private property upgrade costs
2. Complexity and time needed for permitting and construction of new seawalls
3. Necessity to protect private properties adjacent to low and failing seawalls
The public has expressed concerns related to affordability of seawall upgrade and the process
to replace seawalls. The city examined a special assessment district (discussed at June_2019
Sustainability and Resilience Committee) and convened banks and funders to develop a
special program for Miami Beach property owners (discussed at September 2019 and January
2020) to identify means to facilitate funding of private property adaptation. After thorough
research and discussions with the financial industry, it has been determined that these are not
feasible alternatives at this time.
Seawall replacement requires permitting approvals from the Army Corps of Engineers, the
State of Florida, Miami-Dade County Resources and Regulatory Department, and the City of
Miami Beach. The ordinance presented to the Land Use and Sustainability Committee in July
2020 proposed that 550 days be provided to a property owner to have enough time to complete
the permitting, design, and construction. Based on discussions with the marine industry and
feedback from residents regarding design and permitting challenges the Ordinance has been
updated to allow for 730 days for reconstruction of failing seawalls. The City has also initiated
discussions with Miami-Dade County to understand if the local regulatory permitting process
can be streamlined.
Page 929 of 1954
To understand how neighboring municipalities are addressing overtopping and enforcement,
staff also convened meetings with City of Miami, Broward County, and the City of Fort
Lauderdale. Broward County and the City of Fort Lauderdale have passed ordinances
addressing overtopping and the City of Miami is in the process of developing an ordinance.
Proposed Seawall Ordinance Overview
The proposed Seawall Ordinance codifies minimum elevations for new seawalls and requires
seawalls that are in disrepair and are causing flooding on adjacent properties be maintained.
The Ordinance establishes that all new seawalls must be constructed to an elevation of 5.7 ft
NAVD, or 4 ft NAVD if designed to support a future elevation of 5.7 NAVD. The elevation
requirements are already in effect. On May 11, 2016, the City passed a resolution to require
that new seawalls, and those meeting the substantial reconstruction requirements, have higher
elevation standards (R2016-4009). The Ordinance further codifies this requirement and
includes that seawalls must be upgraded if the property has new construction or substantial
improvements. It should be noted that property owners are encouraged to consider designs
using materials to further biodiversity of the City's coastal marine habitat.
The Ordinance also establishes overtopping as a trigger for seawall elevation and seawall
maintenance requirements. Seawalls must be maintained in good repair as to not allow soil to
eroded into the bay or waterway or to allow tidal waters to flow through the seawall and impact
adjacent private property(s). The Ordinance also requires that seawalls must be maintained to
prevent tidal waters from flowing overland and leaving their property.
Enforcement of the maintenance requirements set forth in the Ordinance will be enforced by
either the floodplain administrator, a Code Compliance officer, or a police officer. The
Ordinance includes a$250 fine for the first offence (day)and $500 per day fine for subsequent
infractions and requires that following a citation, the property owner has 730 days to complete
repairs.A violator that has been served a notice can request an administrative hearing within ten
days to appeal the decision of the enforcement officer.
Information about the new Ordinance and how to report potential violations will be included on
the City's website at www.mbrisingabove.corn/seawalls.
CONCLUSION
The Administration recommends the Mayor and City Commission to approve the Ordinance on
Second Reading.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
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Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level
rise.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Mark Samuelian
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