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.
Miami City Code § 54-56
in effectSec. 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)
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_ARTIICOEXRE_S54-56CORERESTIMREWHADPRISIMCO100000.00MOVAEX1000SQFEFLARREFetched: 11/1/2026