AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 54 "FLOODS" AT SECTIONS 54-39, ENTITLED "ESTABLISHMENT OF DEVELOPMENT PERMIT;" IN ORDER TO SPECIFICALLY ADOPT THE CITY'S STORMWATER MASTER PLAN, AS MAY BE AMENDED, AND TO REQUIRING 5/7 VOTE OF FULL CITY COMMISSION TO LESSEN ANY OF THE STORMWATER REQUIREMENTS CONTAINED IN CHAPTER 54; TO AMEND SECTION 54-45, "PERMIT PROCEDURES," TO CORRECT THE TITLE OF THE CITY'S STORMWATER MASTER PLAN; AND BY AMENDING SUBPART B - "LAND DEVELOPMENT REGULATIONS," BY AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," IN ORDER TO CORRECT THE NAME OF THE CITY'S STORMWATER MASTER PLAN; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

The City adopted the 2011 Stormwater Management Master Plan (SWMMP) by Resolution 2012-28068. This plan is intended to be a guide for improving the City's stormwater management system performance for a 20 year planning horizon, with considerations of potential sea level rise over 20 years for stormwater infrastructure and 50 years for seawall heights. Periodically, due to updated climate projections, it is important to update the SWMMP to stay current and viable.

Items such as roadway elevation, levels of service for roads, precipitation design rates and distribution, seawall elevations, and minimum future grade elevations have been presented to the Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise on several occasions.

On February 12, 2014, the City adopted Resolution 2014-28499, which approved the recommendation of The Flooding Mitigation Committee to amend the SWMMP so as to modify the design criteria for the water level in Biscayne Bay be increased from 0.5 Ft-NAVD to 2.7 Ft-NAVD for all tidal boundary conditions.

On July 21, 2015, the Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise recommend that the seawall cap on all new private construction and all public seawall construction be changed from 3.2 feet NAVD to 5.7 feet NAVD throughout the City; provided, however, that for properties with existing private seawalls that are being replaced/repaired not associated with new building construction, the Panel recommended applying a minimum 4.0 NAVD elevation, as long as the structural design to accommodate a seawall height extension to a minimum 5.7 NAVD.

On May 11, 2016, the Mayor and City Commission adopted Ordinances 2016-4009, relating to amending Chapter 54 of the City Code entitled “Floods” to define City of Miami Beach Freeboard, and modify how grade elevation and height are defined due to flooding and climate change.

Also on May 11, 2016, the Mayor and City Commission adopted Ordinance 2016-4010, relating to amending Chapter 118, of the Land Development Code, to incorporate the same Freeboard definitions, and procedures for how to determine grade elevation and height as a result of flooding and climate change.

The SWMMP needs to be amended to incorporate modifications to the standards for the construction of new roads, stormwater systems, and developments; which standards would incorporate higher elevations in order to reduce the risk of flooding; redefine the level of service and design storm; and define minimum “future grade” and seawall heights.

At the Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise on July 18, 2017, the members discussed and recommended that the SWMMP be codified and require a super majority of the Commission to reduce the resiliency standards incorporated therein. Sea level rise and flooding is an ongoing concern of the City. Low lying infrastructure including buildings must either retrofit and adapt to increased water levels or elevate in order to reduce risk or maintain low risk from potential flood damage. It is appropriate to ensure that the SWMMP, as may be amended, gets incorporated into Chapter 54, of the City of Miami Beach’s City Code, entitled “Flooding”.

The proposed Ordinance specifically adopts the SWMMP as may be amended in the future. All developments or applications for development permits shall comply with the SWMMP. In addition, the adoption of any ordinance that would reduce, relax, diminish, or repeal the requirements of Chapter 54, shall require a 5/7 vote of the City Commission.

The City’s SWMMP provides guidance and regulations to ensure minimum flood-proofing requirements to protect residential and commercial structures, and to provide additional levels of protection to maintain consistency with U.S. Federal and State guidance.

Following discussion at the City Commission meeting of October 18, 2017, additional language was added to the Ordinance amendment on the dais, requiring a 5/7 vote of the City Commission in order to repeal or modify the voting mandate.