The first one (1) inch of rainfall shall be retained on-site through the use of swales, trench drains, retention ponds and other techniques acceptable to the City Engineer.

All proposed uses involving processing or chemical cleaning shall require approval by the Miami-Dade County Department of Environmental Resources Management (DERM) to assure adequate plans for handling hazardous waste.

At the time of site plan review, the Director may determine the need for an environmental plan if significant wetlands or natural vegetation is located on the site. An approved preservation plan may result in the Director's decision to waive up to half of the required on-site plant materials. See also Article XI, Landscaping.

(A)

Public Sewer Lines. If a sanitary sewer line abuts the property or is determined by the Director to be close enough for feasible extension, new development shall connect to said system. However, any new building in excess of ten thousand (10,000) square feet or generating more than one thousand five hundred (1,500) gallons of sewage per day shall connect to a public sewer line.

(B)

Septic Tanks. Septic tanks and the soil suitability for them, must be approved by the Miami-Dade County Department of Environmental Resources Management (DERM), the State Health Department and the City Building Department.

Note: See also Article VII, Oleta River Overlay District for special environmental regulations for property fronting on this river.

The filling of any part of the two (2) lakes shown on the Future Land Use Map in the Comprehensive Plan (Sky Lake and Maule Lake) is prohibited.

(A)

Purpose. The purpose of this section is to establish soil erosion and sedimentation control as an ongoing priority and shall establish soil erosion and sedimentation control fees for maintenance and repair of drainage structures and other City properties to be levied against certain owners, occupants, developers, contractors and subcontractors of real property within the City of North Miami Beach from whose property eroded soil and sediment have escaped and caused maintenance or repairs to be performed by the City of North Miami Beach on drainage structures or other City-owned properties.

(Ord. No. 2023-03, § 2, 6-20-23)

Sediment that erodes from exposed areas accumulates in lakes, natural watercourses, and on adjoining properties. When sediment travels into water bodies, it can harm aquatic life, increase turbidity, and restrict the amount of sunlight reaching aquatic plants, endangering water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species; and can also decrease the storage volume of water bodies and clog sewer storm drains which can increase the potential of flooding.

(Ord. No. 2023-03, § 2, 6-20-23)

(A)

General Provisions. Soil erosion and sediment control measures taken shall conform to the requirements of this division. The application of such measures shall apply to all features of a landowner's property, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed by landowners, occupants, developers, contractors, and subcontractors to prevent soil erosion and sediment encroachments on City drainage structures, or into any lakes or watercourses.

(B)

Requirements. All landowners, occupants, developers, contractors, and subcontractors shall follow sound conservation and engineering practices to prevent soil erosion and resulting sedimentation in any drainage structure, lake or watercourse consisting of the following requirements:

(1)

Stripping of vegetation, grading, regrading and other development activities shall be conducted in a manner so as to eliminate erosion.

(2)

Cut-fill operations must be kept to a minimum.

(3)

Development plans must conform to topography and soil type so as to eliminate erosion and sedimentation encroachment.

(4)

Natural vegetation shall be retained, protected and supplemented whenever feasible.

(5)

The disturbed area and the duration of exposure to erosive elements shall be kept to a practical minimum.

(6)

Disturbed soil shall be stabilized.

(7)

Temporary vegetation or other stabilization means shall be employed to protect exposed critical areas during development.

(8)

Permanent vegetative erosion and sediment control measures as well as structural erosion and sedimentation control measures shall be installed prior to final inspection approval or issuance of a certificate of occupancy.

(9)

To the extent necessary, sediment and runoff water from a drainage area must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the drainage area is stabilized.

(10)

Adequate provision must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills or to any grading.

(11)

Cuts and fills may not endanger or result in soil erosion onto adjoining property, lakes or watercourses.

(12)

Fills shall not encroach upon lakes, natural watercourses or constructed channels.

(13)

All land development activities shall include provision for control or treatment of any source of sediments and adequate sedimentation control facilities to retain sediments onsite or preclude eroded soil and sedimentation encroachment on drainage structures.

(C)

Conforms to Miami-Dade County construction permit requirements. Appropriate permits shall be obtained from Miami-Dade County for all projects within the City of North Miami Beach.

(Ord. No. 2023-03, § 2, 6-20-23)

(A)

The City of North Miami Beach shall periodically inspect the City's drainage structures and properties for evidence of eroded soil and sedimentation. If, through inspection, it is determined that any property has contributed eroded soil and sedimentation to drainage structures, lakes, watercourses or properties of the City or other properties, a written notice of this determination shall be served to the landowner, occupant, developer, contractor or subcontractor of such property. The notice shall require the measures which the landowner, occupant, developer, contractor or subcontractor must take to remove soil and sediment from streets and sidewalks and shall expressly prohibit such persons or entities from removing or attempting to remove soil and sediment from storm drains.

(B)

The City of North Miami Beach manager or his designee shall have the power to conduct such investigations as may reasonably be deemed necessary in order to carry out the duties as prescribed in this division, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the site.

(C)

No person shall refuse entry or access to any authorized representative or agent of the City of North Miami Beach who requests entry for the purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such representative while in process of carrying out his official duties.

(Ord. No. 2023-03, § 2, 6-20-23)

The City of North Miami Beach is empowered by the ordinance from which this section derives to establish charges for the cost of maintenance, repair and cleanup to the City's drainage structures or other City properties resulting from eroded soil and sedimentation encroachment. Such charges shall be based on the cost incurred by the City in cleaning up the drainage structures or other City properties within the City and may vary in amount, depending upon circumstances, including inspection and administrative fees, and overhead costs.

(Ord. No. 2023-03, § 2, 6-20-23)

(A)

Fees. Any landowner, occupant, developer, contractor or subcontractor of property from which eroded soil or sedimentation escapes and encroaches onto City of North Miami Beach owned drainage structures or other City properties shall pay a maintenance, repair or clean-up fee to be established by the City. The City shall have a lien against such property for costs of maintenance, repair, or clean-up, effective as of the date of the eroded soil or sedimentation encroachment onto any City drainage structure of other City properties. The landowner, occupant, developer, contractor, or subcontractor shall pay the established fee within thirty (30) days after receipt of a bill from the City in such an amount. The lien for nonpayment of the fee shall be superior to all other liens, except a lien for nonpayment of ad valorem taxes. Enforcement and foreclosure of such lien shall be as provided by law. The City shall be entitled to collect reasonable attorney's fees from any fee payer for services rendered by the City's attorney in collection of such charges, or in the institution of prosecution of any foreclosure proceedings.

(B)

Penalties. Any landowner, occupant, developer, contractor, or subcontractor of property violating shall be subject to the jurisdiction of the code enforcement board. Additionally, the City of North Miami Beach may withhold a certificate of occupancy or final inspection or may ask the building official to intercede and issue a "stop work" order under the provisions of the City building code until such violation ceases and the provisions of this division are complied with.

(Ord. No. 2023-03, § 2, 6-20-23)