CONSTRUCTION, EXCAVATION, AND REPAIR

Miami City Code ch. 54, art. II

in effect

Miami City Code § 54-41 Lines and grades for sidewalk, curb, etc., construction.

Sec. 54-41. - Lines and grades for sidewalk, curb, etc., construction. (a) Lines and grades for the building of sidewalks, curbs and gutters shall be furnished by the director of resilience and public works. The contractor shall furnish all stakes or pins and such ordinary labor as may be necessary for setting grades. He/she shall also take the necessary steps to protect and care for the stakes after the grade is set, and if any one of the stakes is disturbed, the grade is to be reset at the contractor's expense. (b) After grades are finished, at least 24 hours' notice shall be given the director of resilience and public works by the contractor before actual construction is begun, the contractor specifying, as nearly as practicable, the hour at which he/she expects to start work. The fact that a permit has been secured or grades given shall not constitute legal notice. (Code 1967, § 54-16; Code 1980, § 54-26; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-42 Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of right-of-way.

Sec. 54-42. - Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of right-of-way. (a) Permit required. Except as provided in subsection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done, application shall be made to the director of the department of resilience and public works for permission therefore. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or operating any type or manner of system, equipment, or device within the public right-of-way, then both/all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation permit previously granted resulting in such permit becoming null and void (without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non-revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city related to prior permits issued by the department of resilience and public works. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth or any violations under applicable law shall render such permit automatically null and void, without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, unless otherwise provided by general law, any continuing use of the public right-of-way by any such person(s) shall require such person(s) to also enter into a continuing maintenance and restoration agreement, registration, or a franchise agreement, as applicable by Florida Statutes or the City Code, with the city, and to provide such continuing insurance and such continuing surety that may be required by the agreement or registration relating to such continuing maintenance and potential restoration. A permit application form will not be required to be submitted for multiple sanitary sewer laterals, water service laterals or water meters installed by the Miami-Dade Water and Sewer Department, if such multiple installations are combined into a single written request for permit to the director of the department of resilience and public works. A request for multiple water and sewer installations shall be submitted to the director of the department of resilience and public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection(c). (b) Underground utilities; underground facility. All persons shall fully comply with F.S. ch. 556, entitled "The Underground Facility Damage Prevention and Safety Act" as amended ("Chapter 556"). No city permit will be required from operators of underground facilities in order to identify underground facilities. In other instances permits required by this section shall be required. F.S. ch. 556 is deemed as being incorporated by reference herein as though set forth in full. Excavators and member operators shall comply with low-impact marking practices, including, without limitation, a subsequent notice, as required by F.S. § 556.114, as amended. Markings required by F.S. ch. 556 shall be made with flags or stakes, or temporary, non-permanent paint or other industry-accepted low-impact marking practices. Failure to comply with these provisions or the provisions detailed in F.S. ch. 556 shall subject all persons including the persons on whose behalf such work in the public right-of-way is being performed or conducted to the procedures, violations, penalties prescribed in F.S. ch. 556, or code enforcement proceedings pursuant to chapter 2, article X of this Code, or both. (c) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this section, the director of the department of resilience and public works shall calculate the cost of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates: Clearing and grubbing (removal of sod, shrubs, ground cover plantings, trees less than 4" diameter, rocks up to 50lbs each, topsoil/gravel surface up to 3" deep, and other non-structural improvements in the right-of-way) ..... $5.00/square foot ("SF") Asphalt removal (2" thick average) ..... 5.00/square yard ("SY") Concrete removal (6" thick average) ..... 3.00/SF Backfill ..... 15.00/cubic yard ("CY") Eight-inch limerock base ..... 25.00/SY Permanent paving (asphalt concrete and rock base) ..... 30.00/SY 1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY Superpave asphalt (only) ..... 18.00/SF Stamped/color asphalt concrete (only) ..... 18.00/SF Six-inch driveway paving (plain concrete) ..... 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ..... 18.00/SF Six-inch concrete sidewalk (plain concrete) ..... 8.00/SF Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ..... 8.50/SF Six-inch reinforced concrete protective slab ..... 20.00/SF Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ..... 15.00/SF Sod (St. Augustine or Bahia) ..... 4.50/SY Curb ..... 15.00/linear foot ("LF") Valley gutter ..... 18.00/LF Curb and gutter ..... 20.00/LF Swale trench ..... 200.00/SY Swale grading ..... 8.00/SY Exfiltration trench ..... 200.00/LF Solid pipe up to 24" RCP, HP-PP, or dual wall HDPE with water-tight joints ..... 150.00/LF Solid pipe > 24": 200.00/LF minimum or at the discretion at of the director of resilience and public works Drainage structure (inlet, manhole, etc.) ..... 3,000.00/each Decorative pedestrian lighting (fixture/pole/mounting) ..... 6,000.00 Roadway lighting (fixture/pole/mounting) ..... 12,000.00/each Street furniture (benches, waste receptacles, bicycle racks, etc.) ..... 500.00/each (d) Payment of amount of costs for restoration; issuance of permit; time for completion; consequences of failure to complete street restoration. (1) Whenever any individual, company, or agency applies for a permit for work requiring disturbing, cutting into, digging up, drilling, boring under, or excavating of a street, swale, sidewalk, or other public right-of-way, or easement, as required by subsection (a) of this section, the individual, company, or agency shall deliver to the director of the department of resilience and public works a bond or surety in the amount of one and one-half of the cost of the restoration as calculated by the director of the department of resilience and public works. The bond or surety shall be of one of the following types. a. A site restoration bond written by an approved domestic surety. Except for bonds for a wireless service provider as defined in F.S. § 337.401(7)(b)(13), as amended, all bonds shall carry the name and address of a local representative, be for an initial period of one year, and shall be automatically extended in increments of one year until the permittee and the surety company are notified in writing of the acceptance of the street restoration and closure of the permit. A site restoration bond for a wireless service provider shall be time-limited to not more than 18 months after the construction to which the bond applies is completed and the department of resilience and public works shall accept the city's addition to any existing bond, insurance policy, or other relevant financial instrument without condition except as to consent to venue for litigation purposes (provided the same provides the required amount of coverage). b. Cashier's check, drawn on a local bank, to be returned to the permittee on acceptance of the street restoration and closure of the permit. c. Irrevocable letter of credit drawn on a local bank, valid for an initial period of one year, with automatic renewal in increments of one year until the permittee and the issuing bank are notified in writing of the acceptance of the street restoration and the closure of the permit. (2) The director of the department of resilience and public works may establish written rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right-of-way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of the department of resilience and public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. (3) Upon receipt of the above-referenced surety, payment of the applicable permit fees, and completion of the appropriate application, the director of the department of resilience and public works shall deliver a permit for the work, and shall determine when the work is to be completed, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of resilience and public works. The individual, company, or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit and applicable permit conditions. (4) Upon proper completion of the work by the permittee, as determined by the director of the department of resilience and public works in accordance with the requirements of this chapter and other applicable codes, including the above restoration, within the time prescribed by the permit, the director of the department of resilience and public works shall cause the amount of the surety to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted person, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit and/or applicable permit conditions, all payments, including the above-referenced surety, shall be deemed forfeited. The director of the department of resilience and public works shall then be empowered to cause restoration to be done by contract, or by city forces, without regard to the status of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted individual, company, or agency. If the required amount is not remitted within ten days of written notice by the director of the department of resilience and public works to the permitted individual, company, or agency, the forfeited monies shall be used to complete the work. Any costs in excess of the available forfeited monies shall constitute and become a lien against the private real property if owned by said permitted individual, company, or agency, which adjoins or abuts the street or right-of-way for which the permit was issued. Any forfeited monies remaining after restoration costs have been paid in full may be returned to the permittee if the reason for the delay has been due to causes beyond the control of the permittee. Additionally, the director of the department of resilience and public works may administratively establish and enforce written rules and procedures pertaining to the withholding of the issuance of new permits to any individual, company, or agency that fails or refuses to complete the restoration work and obtain from the department of resilience and public works a final inspection approval within the term of the previously issued excavation permit(s) to said individuals, company or agency. (e) Indemnity, hold harmless, and insurance. It shall be a condition precedent to the issuance of any such permit that the applicant agree to indemnify, defend, and hold harmless the city, its officials, employees, agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost, penalties, fines damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to any property including the city, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the city, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the city, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the city, its instrumentalities, officials, employees, or agents, the city shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on city property, and its instrumentalities, and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic-control devices. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement. (1) Non-governmental applicants: Prior to the issuance of any such permit, the non-governmental applicant(s) shall submit to the city a certificate of insurance for each non-governmental applicant in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, contingent and contractual exposures, XCU hazards, personal and advertising injury, products, and completed operations. In addition, the applicant hereby agrees to provide additional insurance requirements as required by the city, including but not limited to umbrella liability, or any additional requirements or endorsements as may be applicable, in connection with the scope of services contemplated by the permit/agreement. The certificate must reflect primary and noncontributory language and list the city as an additional insured. The certificate must also include coverage for all owned, hired, and non-owned vehicles with a combined single limit of $500,000.00 per accident also listing the city as an additional insured, and must further afford coverage for workers' compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non-governmental applicant(s) shall be subject to annual review by the city's risk management department and the applicant shall be required to update as necessary to protect the city as set forth in this section. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the city's department of risk management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain 30 days as to changes or modifications with notice to the certificate holder. (2) Governmental applicants: Prior to the issuance of any permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28. (3) Additional permit conditions: It shall be a condition precedent to the issuance, to both governmental and non-governmental applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying for such permit shall provide to the city's department of resilience and public works a surety in such amount(s) and such form(s) acceptable to the director of the department of resilience and public works to ensure that such work: (i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii) pertaining to the public right-of-way is restored or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement. Furthermore, the permit holders are jointly and severally responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right-of-way. (f) Obstruction of the right-of-way. A separate permit shall be required pursuant to section 54-3 for the permitted individual, company, or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two adjacent blocks at a time, and the work on one of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. (g) Supervision by the director of the department of resilience and public works. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or sidewalk pavements in the city shall be made under the supervision and direction of the director of the department of resilience and public works. (Code 1967, §§ 54-27—54-31; Ord. No. 9740, § 1, 11-16-83; Code 1980, §§ 54-37—54-41; Ord. No. 12886, § 2, 2-8-07; Ord. No. 12977, § 3, 3-13-08; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13226, § 2, 11-18-10; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13884, § 2, 12-12-19; Ord. No. 13915, § 5, 9-24-20)

Miami City Code § 54-43 Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after-the-fact permit, and inspection/reinspection fees; waiver of fees.

Sec. 54-43. - Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after-the-fact permit, and inspection/reinspection fees; waiver of fees. (a) The permit fees to be charged by the department of resilience and public works for right-of-way or street excavation, sidewalk construction or repair, roadway/parkway/shoulder area paving or resurfacing, building line and grade or sidewalk construction survey, driveway construction, utility placement/replacement/repair/removal, underground utility service connection excavation, groundwater monitoring wells installation/abandonment/reestablishment, permit renewals, after-the-fact permits, inspections or reinspections, and any other work that proposes to disturb, cut into, dig up, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done within the city are hereby fixed as follows, unless the requirement of obtaining a permit or the imposition of a fee is prohibited by F.S. § 337.401, as amended: (1) A non-refundable application fee of $95.00 and a non-refundable right-of-way assessment inspection fee of $50.00 shall accompany each permit application to the department of resilience and public works to be retained by the city regardless of action taken in the granting or denial of the permit. (2) Excavation permit: a. 50 lineal feet or less .....$325.00 b. Each additional lineal foot .....$6.50 c. Point excavation, each excavation .....$295.00 (3) Sidewalk repair permit: ..... a. 50 linear feet or less .....$82.50 b. Each additional linear foot .....$1.65 (4) Sidewalk construction permit: ..... a. 50 linear feet or less .....$252.50 b. Each additional linear foot .....$5.05 (5) Paving or resurfacing of travel lanes, parkway, or shoulder area permit: ..... a. 50 linear feet or less .....$308.50 b. Each additional linear foot .....$6.10 (6) Line and grade (curb and gutter, sidewalk construction, and driveway approach) permit: ..... a. 50 linear feet or less .....$360.00 b. Each additional linear foot .....$7.20 (7) Driveway approach construction permit, each driveway .....$115.00 (8) Utility permit: ..... a. Utility placement/replacement/repair/removal (poles, splice pits, bore pits, manholes, handholes, drainage catch basins/inlets, pedestals, vaults, cabinets, etc.): ..... 1. First on a city block .....$295.00 2. Each additional on same block, same permit .....$29.50 b. Underground utility service connection from base building line to the utility located within the public right-of-way (water, sanitary sewer, gas, electric, telephone, cable television, communication): ..... 1. Each connection .....$295.00 c. Underground utility installation (watermain, sanitary sewer main, gas main, electric, telephone, cable television, communication, or stormwater): ..... 1. 50 linear feet or less .....$325.00 2. Each additional linear foot .....$6.50 d. Soft dig utility locates, soil borings, soil/asphalt/concrete core samples, or any other minor point excavations or borings: ..... 1. Each location .....$295.00 e. Groundwater monitoring well: ..... 1. Each well .....$295.00 (9) Dewatering permit fees by days: ..... 6 days or less .....$520.00 7—30 days .....$950.00 31—90 days .....$1,300.00 (10) Inspection fees: ..... a. Stormwater: ..... 1. Stormwater inspection permit fee includes initial inspection, during the excavation process and final inspection of a proposed stormwater management system in the public right-of-way .....$395.00 2. Pipe/structure bedding and layout .....$190.00 3. SW System partial backfill and compaction .....$190.00 4. SW System final—Backfill, compaction, interior mud work, and pipe lamping .....$350.00 b. Dewatering: ..... 1. Initial .....$320.00 2. Final .....$320.00 c. NPDES: ..... 1. Field compliance check (proactive and reactive inspections)—0.5 up to 1 acre .....$2,500.00 2. Field compliance check (proactive and reactive inspections)—1 acre and above .....$3,950.00 3. Final 0.5 up to 1 acre .....$625.00 4. Final 1 acre and above .....$875.00 d. Utility (water, gas, electric, telephone, communication, cable television, sanitary sewer): ..... 1. Initial inspection .....$85.00 2. Utility structure placement .....$110.00 3. Utility installation temporary restoration .....$110.00 4. Utility restoration limits determination .....$110.00 5. Utility final restoration .....$300.00 e. Reinspection fees: When additional inspection is required for work previously inspected and rejected by the department of resilience and public works, a reinspection fee will be required for each reinspection: $195.00 (11) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety-day extension of permit fee expiration date: $150.00 A new application and reactivation fee shall be required for expired permits at a rate of 25 percent of the original permit fee, calculated based on the current fee schedule. (12) After-the-fact permit fee. For any permit described in section 54-43, performed without the required permits and inspections, quadruple the amount of all permit fees, application fees and inspection fees as described in subsections (a)(1) through (a)(10) herein. (13) A non-refundable fee of $425.00 shall accompany a plans revision after approval of initial plans. If the permit has been issued, a revision request must be submitted through the department of resilience and public works permit system. Plans or supporting materials clearly showing the proposed modifications shall be submitted. (14) A non-refundable change of contractor fee of $120.00. (15) All utility permits shall be closed upon completion of work and after all required inspections have been approved. (b) Permit fees will be computed only for the primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the department of resilience and public works. (c) Permit fees shall be paid in full upon completion of all reviews and prior to the issuance of the permit. The director of the department of resilience and public works may establish rules and procedures to allow billing for payment of permit fees on a monthly basis for recurring permit applications for utility companies and government agencies that demonstrate a continuing large volume of permit applications. (d) With the exception of non-revenue generating government agencies, such as Miami-Dade County's Department of Transportation and Public Works, in accordance with sections 54-3 and 54-42 of the City Code, all permittees working in the public right-of-way must resolve all open violations, unpaid fines, and/or unpaid fees in order to apply for or receive any new permits, extensions or permit close-out. (1) Any violation of this section shall be enforced pursuant to the provisions of chapter 2, article X of the City Code. (e) Upon receipt of a written request from a non-revenue generating government agency, such as Miami-Dade County's Department of Transportation and Public Works, permit fees under this section may be waived, by the city manager or designee for roadway improvement projects that are not a component of, or ancillary to the construction, maintenance, repair, or restoration of revenue producing facilities in the public right-of-way. (f) This section shall be annually reviewed by the city commission at the time of adoption of the budget. (Code 1967, § 54-17; Ord. No. 9003, § 1, 10-17-79; Ord. No. 9513, § 1, 11-4-82; Ord. No. 10658, § 3, 10-12-89; Ord. No. 11112, § 2, 1-13-94; Code 1980, § 54-27; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13195, § 5, 9-27-10; Ord. No. 13267, § 2, 5-26-11; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13798, § 4, 10-25-18; Ord. No. 13915, § 5, 9-24-20; Ord. No. 14433, § 3, 1-8-26)

Miami City Code § 54-44 Material for sidewalk construction.

Sec. 54-44. - Material for sidewalk construction. All sidewalks constructed within the official base building and street lines in the city shall be constructed only of natural, uncolored, Portland cement concrete, in accordance with the standards and specifications; provided, however, that exception may be made as to the color or material used to construct sidewalks by the director of resilience and public works upon due consideration of all factors involved, and approval by such director of plans submitted by the owner or his/her representative. (Code 1967, § 54-18; Code 1980, § 54-28; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-45 Type and specifications for street paving.

Sec. 54-45. - Type and specifications for street paving. All future street paving on public rights-of-way in the city shall be of a long-life, hard-surfaced type with sufficient base to insure lasting service and a minimum expense for maintenance. The resilience and public works department shall prepare specifications covering such types of long-life pavements and methods of constructing the same, and no permits shall be granted to anyone for street paving on public rights-of-way that will not fully comply with the latest specifications and methods of construction prescribed by the resilience and public works department. (Code 1967, § 54-19; Code 1980, § 54-29; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-46 Agreement and bond as to right-of-way and subdivision improvements by persons submitting plats, replats, etc., to commission.

Sec. 54-46. - Agreement and bond as to right-of-way and subdivision improvements by persons submitting plats, replats, etc., to commission. All persons submitting any proposed plat, replat, revised plat, amended plat, or resubdivision of any previous record plat or portion thereof of real estate in the city, to the city commission for its acceptance and conformation, are hereby required to accompany any such proposed plat with a suitable agreement entered into by such person with the director of the department of resilience and public works on behalf of the city, providing for the construction of any or all of the following improvements, as shall be specified by the department of resilience and public works in its engineering report on the proposed plat: (1) The construction within the platted area of permanent-type street pavement, including grading and fill as required, sidewalk, curb and gutter, parkways, street lighting, stormwater systems, seawalls, permanent bulkheads, sanitary sewers, water mains and services in connection therewith, and other improvements where the proposed use and location make such improvements necessary. (2) The construction of permanent-type bulkheads, seawalls, living shorelines, banks, berms, or any other appurtenant coastal infrastructure being constructed to protect the upland areas from tidal waters, storm surges, or any other sort of tidally-influenced water intrusion along the shoreline, canal, river embankment, or harbor line of any watercourse contiguous to the area platted, as follows: a. Permanent-type bulkheads, seawalls, living shorelines, or other shoreline protection structures or elements as defined in section 29-81 of the City Code shall be constructed to a minimum elevation of six feet NAVD 88 along all tidally-influenced areas as the same is defined in section 29-81 of the City Code except for those waterfront properties fronting the Miami River and its tributaries which must be constructed to a minimum elevation of four feet NAVD 88. All such protective structures/elements must be designed and built in a substantially impermeable manner, certified/signed and sealed by a civil/structural engineer registered in the State of Florida, and provided with the appropriate modification details to be capable of being raised to a minimum of two feet above their initial designed and constructed elevation to mitigate high tide flooding associated with realized and additional sea level rise through the year 2070 as well as appropriate modification details, to include load calculations, demonstrating the capability of being raised a minimum of two feet above the minimal elevations. All such structures must be designed and constructed in accordance with the department of resilience and public works' design and construction standards. b. The filling of land within any platted area contiguous to Biscayne Bay and all new or future islands or enlarged existing islands in Biscayne Bay must be constructed to a minimum, settled elevation of six feet NAVD 88. (3) Adequate drainage by grading or filling of the land within the platted area to the level of the street grades established by the department of resilience and public works or the flood grade established and recorded on maps of Miami-Dade County, whichever is higher; provided that swale areas shall be used at the rear of lots when the nature of drainage conditions make them necessary for proper seepage of water in the substrata. Where fill is required, the fill material shall not contain any rubbish, tree stumps, debris, muck or other objectionable material. In development projects where drainfields may be required, the fill material must also be sufficiently permeable to meet standard percolation test requirements. Areas which will become public rights-of-way shall contain fill material which conforms to the standard specifications of the city for the construction of streets. Upon completion of the improvements, the performance bond, irrevocable letter of credit, or cashier's check hereinafter provided for shall not be released unless the permanent reference monuments indicated on the plat have been placed on the ground at the expense of the owner of the platted land and verified by the department of resilience and public works. Street improvements shall be constructed in all dedicated rights-of-way lying within or bordering on the platted area, in accordance with plans, specifications and grades approved by the director of resilience and public works, without regard to the fact that parts or all of the rights-of-way may have been dedicated heretofore but either have not been improved or contain improvements which do not conform with current standard specifications. For the purpose of determining the improvements to be made in dedicated street rights-of-way, all arterial streets, wherever located, and all other streets except those in T-3 transect zones, shall be considered primary streets. All improvements, except water mains and services in connection therewith, shall be constructed in accordance with the city's standard specifications and established street grades and at the expense of the owners of the land platted. Water mains and services in connection therewith shall be constructed in accordance with the approved plans and shall be paid for by the owner of the land platted, in accordance with the standards of the water and sewer department then in effect. The time for the performance of the agreement may be extended by the director of resilience and public works. Such agreement shall be accompanied by good and sufficient performance bond or irrevocable letter of credit in the amount of 115 percent of the total project cost of the improvements, which estimated cost shall have been first approved by the director of resilience and public works. Acceptance and confirmation of the plat by resolution of the commission shall constitute acceptance of the agreement and bond or irrevocable letter of credit. The conditions of the performance bond or irrevocable letter of credit shall be such that, if the principals thereto shall fully and faithfully perform the work in accordance with the terms of the agreement therefor, then the performance bond or irrevocable letter of credit shall be considered complied with; otherwise, the surety thereon, within 30 days after receipt of written notice from the director of the resilience and public works department of the failure or neglect of the principals to perform the agreement, may construct or cause to be constructed the improvements set forth in the agreement; provided, further, that the director of resilience and public works may require the surety to pay to the city the sum estimated to construct or complete the improvements set forth in the agreement, such sum to be estimated by the resilience and public works department, and the surety shall pay to the city any engineering, indirect and inspection costs not to exceed 32 percent thereof, such 32 percent not to include attorneys' fees, such attorneys' fees to be in addition to the 32 percent, which the city may sustain on account of the failure of the principals to carry out and execute all of the provisions of the agreement; provided, further, that the city commission shall have the right to construct or cause to be constructed, after public advertisement and receipt of bids, the improvements provided for in the agreement, and in the event that the city commission exercises such right, the principals and the surety shall be jointly and severally liable to pay the city the final cost of the improvements, together with any engineering, indirect and inspection costs, not to exceed 32 percent thereof, such 32 percent not to include attorneys' fees, such attorneys' fees to be in addition to the 32 percent, which the city may sustain on account of the failure of the principals to carry out and execute the provisions of the agreement. Upon completion of construction of the improvements by the principals or the surety, or payment to the city of the estimated or actual cost thereof, the director of resilience and public works and the city manager shall release the performance bond or irrevocable letter of credit, provided that the permanent reference monuments have been properly placed as hereinabove provided. A cashier's check in the amount of 115 percent of the total project cost of the improvements may be deposited with the city in lieu of the performance bond or irrevocable letter of credit, the conditions of the deposit thereof to be such that if the depositor shall fully and faithfully perform the work in accordance with the terms of the agreement, the amount of the check shall be returned to the depositor; otherwise, in the event of the failure or neglect of the depositor to perform the agreement, the check shall be applied by the city to the cost of constructing or completing the improvements, including any engineering, inspection, and/or direct and indirect costs, costs not to exceed 32 percent thereof, such percent not to include reasonable attorneys' fees, such attorneys' fees to be in addition to the 32 percent which the city may sustain on account of the failure of the depositor to carry out and execute all of the provisions of the agreement. The city manager and the director of the department of resilience and public works are hereby authorized and directed to withhold from submission to the commission any proposed plat, replat, revised plat, amended plat, or resubdivision of any previous record plat or portion thereof, unless the hereinbefore-mentioned agreement and performance bond, irrevocable letter of credit or cashier's check accompany the proposed plat. (5) In all dedicated rights-of-way, the acceptance of the plat or replat shall be conditioned upon adequate landscaping as may be required by the director of planning upon consultation and coordination with all departments concerned. The landscaping shall include, but not be limited to, lawn, shrubs, bushes, hedges and trees. The director of planning shall not recommend the acceptance of any plat or replat unless the bond referred to herein contains the condition that such landscaping shall be provided for as required by the director of planning upon consultation and coordination with all departments concerned. Such landscaping will be designed to protect and preserve the appearance and character of the surrounding neighborhood through the screening effects and aesthetic quality of such landscaping. (6) Any surety required herein shall be waived for governmental entities and agencies. (Code 1967, § 54-20; Code 1980, § 54-30; Ord. No. 13467, § 2, 6-12-14; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13919, § 2, 9-24-20; Ord. No. 13980, § 4, 3-25-21)

Miami City Code § 54-47 Approval of location and construction of driveways, etc.

Sec. 54-47. - Approval of location and construction of driveways, etc. The director of resilience and public works is hereby authorized and empowered to approve the location and construction of driveways, drive-ins and any other means of vehicular ingress and egress to and from the public rights-of-way, prior to the issuance of permits for the construction of such facilities that will require such means of ingress and egress, such as banks, churches, factories, garages, hospitals, hotels, motels, parking lots, theaters and any other private or public commercial, educational, industrial or recreational buildings, establishments, areas and installations that may generate or cause to generate additional or hazardous traffic movements in the public rights-of-way. (Code 1967, § 54-21; Code 1980, § 54-31; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-48 Inspection of work.

Sec. 54-48. - Inspection of work. For the purposes of inspection of sidewalk, curb, or curb and gutter work, the director of resilience and public works shall have free access to materials and work at all times, and all work done or materials furnished are subject to his/her acceptance. An inspector shall be present at the work as far as practicable during its progress. The duties of the inspector are to see that the construction conforms to the provisions of this article and to the grades and lines given by the director of resilience and public works, but his/her decisions are subject to the approval of the director of resilience and public works. Whenever, in the judgment of the inspector, the work or materials are not in accordance with the provisions of this article, he/she shall have power to stop the work, which shall not be resumed until the director of resilience and public works has rendered his/her decision upon the matter in dispute. If, at any time before final acceptance or approval of the work by the director, defects are found, the contractor is forthwith to make good these defects, notwithstanding previous inspection of such work, whether such defects may have been overlooked by the director, or may have been caused by damage from any source. (Code 1967, § 54-22; Code 1980, § 54-32; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-49 Obstructing street with materials.

Sec. 54-49. - Obstructing street with materials. Materials such as are to be used in the work or for construction purposes may be stored in the right-of-way by the contractor only upon approval of the resilience and public works department if no suitable alternative exists and obtaining a permit pursuant to section 54-3. All gutters, drains, fire hydrants, roadways and private driveways within the block in which work is being done are to be kept open by the contractor for their intended use. As soon as the work is finished or the permit expires, whichever occurs first, all accumulated rubbish or surplus materials, forms, tools and equipment shall be promptly removed from the right-of-way by the contractor. (Code 1967, § 54-23; Code 1980, § 54-33; Ord. No. 12977, § 3, 3-13-08; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-50 Reports of approval.

Sec. 54-50. - Reports of approval. After final acceptance of the work, a written report of approval shall be furnished by the director of resilience and public works to the effect that the work has been done in accordance with the provisions of this article, and in conformity with the established city lines and grades, and no sidewalk, curb, or curb and gutter work shall be deemed to comply with this article unless such written report of approval has been furnished. (Code 1967, § 54-24; Code 1980, § 54-34; Ord. No. 13467, § 2, 6-12-14; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-51 Grades for street utilities, trees, etc.

Sec. 54-51. - Grades for street utilities, trees, etc. Any person using the public streets or alleys for placing or changing any pipes, railways, hydrants, streetlamps, shade trees or other improvements, under any contract or agreement with the city or otherwise, shall first obtain the proper street grade and lines from the director of resilience and public works, at the expense of the person doing the work, and shall conform to such grades and lines when given. (Code 1967, § 54-25; Code 1980, § 54-35; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-52 Sewers, conduits, etc., to be laid before city paves street.

Sec. 54-52. - Sewers, conduits, etc., to be laid before city paves street. When any street, alley or public place within the city has been ordered paved and otherwise permanently improved, it shall be the duty of all individuals, organizations and public service corporations legally occupying such street, alley or public place to proceed without delay to order the necessary materials for the laying of sewers, water and gas mains, telephone or electrical conduits, with connections and services to the same, and to proceed with reasonable expedition to excavate and install the same. (Code 1967, § 54-26; Code 1980, § 54-36)

Miami City Code § 54-53 Closing of streets during progress of work.

Sec. 54-53. - Closing of streets during progress of work. When any work is being done or is to be done under the direction of the city authorities on any street, avenue or alley in the city, such street, avenue or alley, or any part thereof, may be closed to the passage of vehicles or pedestrians while such work is in progress only upon approval of the resilience and public works department and obtaining a permit pursuant to section 54-3. (Code 1967, § 54-32; Code 1980, § 54-42; Ord. No. 12977, § 3, 3-13-08; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-54 Allowing sidewalks, swales and curbs to remain in dangerous condition.

Sec. 54-54. - Allowing sidewalks, swales and curbs to remain in dangerous condition. (a) It shall be unlawful for any owner, occupant or agent of any property to which a sidewalk, swale or curb is contiguous, to place or remove any materials or allow overgrowth of trees, shrubs and plants upon such sidewalk, sale or curb as to be dangerous or detrimental to the general public as determined by the director of resilience and public works. (b) It shall be unlawful for any owner, occupant or agent of any property to which a swale is contiguous, to pave or install any materials, trees, shrubs or plants, except sod, within the swale without first having obtained a permit from the resilience and public works department. The director of the resilience and public works department shall promulgate the rules and regulations establishing the standards pertaining to the construction, improvement and repair of swales. (Code 1967, § 54-33; Code 1980, § 54-43; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-55 Notice to repair sidewalks, driving lanes, parking lanes, swales and curbs.

Sec. 54-55. - Notice to repair sidewalks, driving lanes, parking lanes, swales and curbs. (a) An abutting property owner is responsible for the repair or replacement of the existing sidewalk, driving lanes, parking lanes, swales, curbs, and gutter (hereinafter "street improvements") where damage is caused by the act or inaction of the abutting owner, its agent or contractor, or where the damage is the result of tree roots from trees located on the abutting private property. (b) In case the surface of any walk or sidewalk in the city becomes so uneven as to make walking over it dangerous or detrimental, or if the driving lanes, parking lanes, swales or curbing becomes decayed, worn out or broken caused by the act or inaction of the abutting property owner, its agent or contractor, it shall be the duty of the director of resilience and public works to notify the owner, and if the owner cannot be served, to notify the occupant, and if there is no occupant, then to notify the agent of the owner of the property to which the street improvements are contiguous, to repair such street improvements. Notice to repair or replace such street improvements shall be in writing; shall allow such owner agent or occupant 30 days in which to repair such street improvements; shall describe the street improvements to be repaired; shall set forth that such street improvements shall be repaired, if surface work is to be done, with the same material as such street improvements were originally constructed; and shall be served, returned and filed in the office of the director of resilience and public works. (c) Enforcement of this section shall be pursuant to chapter 2, article X, of the City Code. Nothing in this section shall be deemed to limit the city from enforcing its ordinance or Code by any other means authorized by law. (Code 1967, § 54-34; Code 1980, § 54-44; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13360, § 2, 1-24-13; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-56 Construction, reconstruction or repair of street improvements required when adjacent property is improved by construction of $100,000.00 or more in value or exceeding 1,000 square feet in floor area; restriction.

Sec. 54-56. - Construction, reconstruction or repair of street improvements required when adjacent property is improved by construction of $100,000.00 or more in value or exceeding 1,000 square feet in floor area; restriction. (a) Sidewalks, curbs or gutters, pavement, modifications to existing drainage, sodding, and any other right-of-way improvements deemed necessary by the director of resilience and public works (hereinafter "street improvements") shall be constructed, reconstructed or repaired, except as provided below, when any adjacent property located within the corporate limits is improved, altered or modified by the construction, reconstruction, addition, or change of use of any type of building, structure or parking facility amounting to $100,000.00 or more in total value, or when such building, structure or parking facility to be constructed, reconstructed or when there is an addition or change of use which is 1,000 square feet or more in floor area, for which a permit is required. (b) Except for properties adjacent to a right-of-way subject to a street master plan as defined in section 54-60 of the City Code for which payment into the enhanced right-of-way trust fund in lieu of construction of street improvements is required, the director of the resilience and public works department of the city shall notify the applicant/qualifier for the permit by noting on the approved plans that the street improvements adjacent to the lot or parcel to be improved, altered or modified shall be constructed, reconstructed or repaired. Said street improvements may extend to the centerline of the street and shall be constructed within or adjacent to the established base building lines to the proper line and grade as determined by the resilience and public works department on all roadways within the corporate limits. In the event that the surface of any existing street improvements is uneven, cracked, broken or marred, these portions of the street improvements shall be replaced by the applicant/qualifier. (c) The magnitude of the required street improvements shall not exceed ten percent of the total value of the permitted improvements, alterations or modifications on said adjacent property. For existing single-family residences, the required street improvements shall not exceed five percent of the total value of the permitted improvements, alterations or modifications on said adjacent property. For properties adjacent to a right-of-way subject to a street master plan for which payment into the enhanced right-of-way trust fund in lieu of construction of street improvements is required, the cost of the improvements otherwise required to be constructed by the property owner absent the property's inclusion in a street master plan shall be calculated by the department of resilience and public works. For the purposes of payment into the enhanced right-of-way trust fund, this amount may not exceed those limitations found in this subsection for the percentage of magnitude of street improvements. The amount to be paid into the trust fund shall be less any improvements required by the director of resilience and public works to be constructed by the property owner to remedy life-safety issues and comply with the Americans with Disabilities Act of 1990, as amended. (d) The director of the resilience and public works department of the city is hereby directed to withhold or withdraw the certificates of occupancy or use until such street improvements are properly constructed, reconstructed or repaired as provided in subsections (a) and (b) of this section. (e) The director of the resilience and public works department is hereby authorized to approve deferment of construction and allow variations and deviations from the above requirements of constructing, reconstructing or repairing said street improvements, as the director determines necessary, based on the conditions of the terrain and the existing sidewalk, curbs and/or gutters, and pavement immediately adjacent to the property involved; provided that the property owner furnishes the city with a properly executed covenant to run with the land in which the property owner agrees to construct or pay the cost of constructing the street improvements when such construction is required by the department of resilience and public works. (f) In the event that the property owner fails to construct, reconstruct or repair the street improvements as required by the resilience and public works department, the director of the resilience and public works department shall notify the applicant in writing that the applicant has 30 days in which to construct said street improvements. If the street improvements are not constructed within the 30-day period, the director of the resilience and public works department is authorized to cause the construction of said street improvements by either city personnel or by award of a contract under the provisions of the City Code. An accounting of the total cost of said street improvements, certified by the director of the resilience and public works department, shall be recorded in the public records of Miami-Dade County and thereafter shall constitute a lien against the property involved. The total cost shall include the construction cost, a 16-percent fee for engineering services for the resilience and public works department, and any incidental expenses. (g) The city manager may grant credits for certain fees required under chapter 2, chapter 54, chapter 55, and chapter 62 of the City Code for developments or improvements that were requested by the city, with review and approval from the applicable city departments, for completed and/or future street improvements beyond that required pursuant to section 54-56 of the City Code and for which a certificate of occupancy was issued on or after January 1, 2019. The maximum credit shall be the amount of actual costs for completed street improvements beyond the improvements required pursuant to section 54-56 of the City Code as determined by a general contractor and certified by professional engineer licensed under F.S. ch. 471, and submitted by the applicant and reviewed and approved by the city department that requested the work. The applicant who completed the additional street improvements beyond the requirements of section 54-56 of the City Code shall be granted a non-transferrable credit towards application and permit fees related to resilience and public works required or imposed pursuant to chapter 2, 54, 55, or 62 of the City Code for properties owned by the applicant or subsequent development(s) proposed by the applicant and/or its affiliated entity(s). Any credit(s) authorized by this subsection shall expire unless they are claimed and used within ten calendar years of issuance of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for the development associated with the improvements. (Code 1967, § 54-34; Ord. No. 9871, § 1, 7-31-84; Ord. No. 10279, § 1, 6-11-87; Code 1980, § 54-45; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13398, § 2, 7-11-13; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13798, § 4, 10-25-18; Ord. No. 13916, § 2, 9-24-20; Ord. No. 13948, § 2, 12-10-20; Ord. No. 14040, § 2, 12-9-21)

Miami City Code § 54-57 Obstructing streets or sidewalks with trash, lumber, etc.

Sec. 54-57. - Obstructing streets or sidewalks with trash, lumber, etc. No person shall place any trash, lumber, wood, glass or other obstruction in any public street, lane, alley or way, or on any sidewalk. Any person who shall place any such obstruction in any street, lane, alley or way, or on any sidewalk, and fail to remove the same within six hours after being notified by the chief of police or any police officer, or who, after having removed the obstruction, shall replace it or place similar obstructions shall, on conviction, be punished as provided in section 1-13. Any person actually building or about to build or repair any buildings, or construct or repair any sewer or line of water or gas piping, may be allowed by the resilience and public works department to temporarily store all such materials as may be necessary within the street or sidewalk adjoining the place where such building or repairing is to be done, if no suitable alternative exists and only upon obtaining a separate permit pursuant to section 54-3. (Code 1967, § 54-35; Code 1980, § 54-46; Ord. No. 12977, § 3, 3-13-08; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-58 Right-of-way dedication required prior to issuance of permits.

Sec. 54-58. - Right-of-way dedication required prior to issuance of permits. (a) Whenever the owner(s) of the property within the city wishes to construct a new building or structure, or to change the use of an existing building or structure, or expand an existing structure, and the director of the department of resilience and public works determines that there is a rational and substantial connection between the burdens imposed by the proposed development or the change of use on the city services, including adjacent streets and the dedication of the portion of the applicant's lot, tract or parcel of land lying within the city's officially established right-of-way to the public for street purposes, and that the dedication of the officially established right-of-way is reasonably necessary to mitigate the burdens that the proposed development or change of use places on the adjacent streets, no permit for construction of a new building or structure or change of use or expansion of an existing structure shall be issued on any lot, tract or parcel of land until all portions of the applicant's lot, tract or parcel lying within the city's officially established right-of-way have been dedicated to the public for street purposes. Additionally, right-of-way lines at street intersections shall be rounded with a radius of 25 feet. The area external to the 25-foot radius shall also be dedicated to the public for street purposes prior to the issuance of permits described above. (b) Upon written request by applicant for a determination that the proposed construction of a new building or structure or change of use, or expansion will not burden the city services, including adjacent streets, director shall have the authority to waive the required dedication or, if he/she does not so waive the dedication, director shall convene, within 30 days after receipt of written request from applicant, a meeting of a review committee which shall be comprised of the director of the department of resilience and public works, the director of the department of planning, building and zoning and an assistant city manager. The applicant shall have the right to present its position to the review committee which shall review director's refusal to grant the waiver of dedication. The committee, acting by majority vote, shall either affirm the director's refusal or reverse its refusal and grant the requested waiver of dedication. The committee shall, in determining whether director's refusal was reasonable, determine whether the proposed construction of a new building or structure or change of use or expansion will burden city services, including the adjacent street(s). The decision of this committee, which shall be rendered within 30 days after conclusion of the hearing, shall be final. (Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91; Code 1980, § 54-47; Ord. No. 13308, § 2, 2-9-12; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13916, § 2, 9-24-20)

Miami City Code § 54-59 Enhanced right-of-way improvement trust fund—Intent.

Sec. 54-59. - Enhanced right-of-way improvement trust fund—Intent. It is intended that the "Enhanced Right-of-Way Improvement Trust Fund" ("trust fund") be established to facilitate the implementation of approved street master plans, streetscape master plans as the term is defined in Miami 21, and other right-of-way improvements that may include non-standard materials by requiring those adjacent property owners required to make improvements pursuant to section 54-56 of the City Code pay the equivalent of such cost into the trust fund in lieu of construction in order to avoid the piecemeal reconstruction of those rights-of-way identified in such master plans. It is further intended that the cost of payment into the trust fund by the adjacent property owner not exceed the cost had the property owner undertaken such construction of required right-of-way improvements. (Ord. No. 13948, § 2, 12-10-20)

Miami City Code § 54-60 Established.

Sec. 54-60. - Established. (a) The trust fund is hereby established into which funds shall be deposited and from which funds shall be withdrawn pursuant to this article to pay for the procurement of right-of-way construction or improvement of rights-of-way as identified within an area with an adopted street master plan or streetscape master plan, as the term is defined in Miami 21, in the following manner: (1) Not less than 80 percent of the trust fund shall be expended on construction of new right-of-way improvements or maintenance of enhanced improvements constructed pursuant to a street master plan during each fiscal year within an adopted street master plan area and attributable to the properties that contributed to the trust fund from that street master plan area. However, if the city manager or his/her designee determines that there are insufficient reserves in the trust fund to implement right-of-way enhancements, funds may be carried over to the next fiscal year. (2) Not more than 20 percent of the trust fund shall be expended on activities directly related to improvement of existing right-of-way in the street master plan area in which it was collected during each fiscal year, including, but not limited to, survey work, site inventory and analysis, civil engineering and landscape architectural design services, inspection services for new plantings, and other related project expenses. (b) Expenditures undertaken pursuant to this article may be made by the city manager or his/her designee. All trust fund expenditures made by the city manager shall only be made after a recommendation is made by the directors of the departments of planning and resilience and public works as to such expenditures and any business improvement district in the area where the expenditure is being made, if applicable. Notwithstanding the foregoing, the city commission may, by unanimous vote, approve or expedite any expenditure permitted by this article. No expenditure may be made for new right-of-way improvements until either (1) an executed covenant to run with the land in which the property owner(s) agrees to maintain the right-of-way is authorized by the director of resilience and public works, in a form acceptable to the city attorney, or (2) another governmental entity executes an agreement authorized by the director of resilience and public works, in a form acceptable to the city attorney, agreeing to maintain the non-standard improvements. (c) It is the intent of this article that prior to the expenditure of funds for the above listed items by the city manager, that due consideration is given to written recommendations from the directors of the departments of planning and resilience and public works. (d) Any unused monies in the trust fund may be returned to the property owner upon request if the proposed improvements are not constructed within ten years of contribution into the trust fund; provided, however, that for this purpose, the expenditure and appropriation of trust fund payments shall be deemed to occur in the same sequential order as the collection of the same on a first payment in, first payment out basis. For the purpose of such return of unused monies, the property owner shall mean the property owner at the time of the original payment regardless of current ownership of the property. (Ord. No. 13948, § 2, 12-10-20)

Miami City Code § 54-61 Trust fund payments.

Sec. 54-61. - Trust fund payments. Payments into the trust fund shall include, but shall not be limited to, monies collected pursuant to the following adopted street master plans: Neighborhood Revitalization District-1 Wynwood (Ord. No. 13948, § 2, 12-10-20)

Miami City Code § 54-62 Financial report.

Sec. 54-62. - Financial report. (a) Funds deposited in the trust fund shall be made available to the city manager for implementation purposes and all disbursals of trust fund monies shall be made by the city manager or his/her designee in accordance with this article and after due consideration is given to the written recommendations of the directors of the departments of planning and resilience and public works. (b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the city manager or his/her designee and presented to the city commission. (Ord. No. 13948, § 2, 12-10-20)

Miami City Code § 54-63 Recovery agreement for construction of master planned street.

Sec. 54-63. - Recovery agreement for construction of master planned street. (a) Upon recommendation by the director of resilience and public works to the city manager, an agreement, in a form acceptable to the city attorney, may be entered into between the owner(s) of a property adjacent to a right-of-way subject to a street master plan and the city to provide for the complete reconstruction of such street by the property owner(s) with repayment from the trust fund and other legally available sources as provided herein and subject to the following: (1) Payments from the trust fund shall be limited as follows: a. That which is currently deposited in the trust fund and attributable to deposits from property owners within the same street master plan area where the property adjacent to such right-of-way lies; and b. That which is deposited in the trust fund subsequent to the execution of the agreement from other property owners within the same street master plan area where the property adjacent to such right-of-way lies. (2) Payments from all other legally available sources shall be limited as follows: a. Those legally available funds currently budgeted and allocated for the specific right-of-way or a project that includes the right-of-way; and b. No payment obligating the expenditure of such funds beyond the current budget year may be in such agreement unless the same is approved by the city commission. (Ord. No. 13948, § 2, 12-10-20)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTIICOEXREFetched: 11/1/2026