§ 33-458. Declaration of restrictive covenant, procedures for the City of Miami Gardens.

The following procedures shall apply with respect to the City of Miami Gardens for the S District, and all references to administrative officials and departments shall be interpreted to refer to the City of Miami Gardens:

(1)

In lieu of a unity of title, the City may impose a condition of approval requiring a declaration of restrictive covenants. Such declaration of restrictive covenants shall be on an approved legal form and approved by the City Attorney for sufficiency. The declaration of restrictive covenants shall run with the land and be binding upon the heirs, successors, personal representatives, and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property.

(2)

The declaration shall contain, but not be limited to, the following necessary elements:

(a)

That the subject site will be developed in substantial accordance with the approved site plan. That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan.

(b)

That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things:

i.

Easements in the common area of each parcel for ingress to and egress from the other parcels;

ii.

Easements in the common area of each parcel for the passage and parking of vehicles;

iii.

Easements in the common area of each parcel for the passage and accommodation of pedestrians;

iv.

Easements for access roads across the common area of each parcel to public and private roadways;

v.

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel;

vi.

Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel;

vii.

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

viii.

Easements on each parcel for attachment of buildings;

ix.

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

x.

Appropriate reservation of rights to grant easements to utility companies;

xi.

Appropriate reservation of rights to road rights-of-way and curb cuts;

xii.

Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and

xiii.

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

(3)

Exceptions. These provisions or portions thereof may be waived by the administrative official if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval of the City Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan.

(4)

Non-use variances created solely by separate ownerships, pursuant to subsection (1) of this section, shall be waived by the administrative official.

(5)

Release, modifications, amendments, revision.

(a)

Approval required. Any release, modification, deletion, revision to a declaration of restrictive covenant or condition thereof, shall only be made upon a request being submitted to the City Department of Planning and Zoning, on a form approved by the administrative official requesting the release, modification, deletion, or revision. The administrative official shall determine if the release, modification, deletions, or revisions represent a substantial change to the approval. If it is determined that the release, modification, deletion, or revision are not a substantial change, the administrative official shall approve the request. Upon approval of the request, the action taken, or an amended declaration of restrictive covenant shall be recorded in the Official Record Book of Miami-Dade County, accordingly.

(b)

Appeals. Where it is determined that the release, modification, deletion, or revision is a substantial change to the approval the decision may be appealed as an appeal of an administrative decision.

(c)

Exceptions.

i.

Where a declaration of restrictive covenant or similar document was proffered to the County or to the City where the release, modification, deletion, or revision required Board of County Commissioners approval or specifically required City Council approval, then such request shall be made as an application to the City Council, pursuant to the City Code; however, if such covenant or similar document provides that it requires the approval of both the City Council and the Board of County Commissioners, then the approval of such modification, deletion, or revision shall require the approval of both the City Council and the Board of County Commissioners.

ii.

Where there is a proffered declaration of restrictive covenants on a property where it is determined that there are no vested rights, the administrative official release, modify, or revise the covenant appropriately, either administratively or by action of the City Council.

iii.

Where it is determined that the development approval has expired as set forth in this chapter, the administrative official shall release the declaration of restrictive covenants appropriately, either administratively or by action of the City Council.

iv.

Where a declaration of restrictive covenants or condition thereof is released, modified, deleted, or revised, and a contribution of funds has been proffered and accepted by the City, the City administrative official may consider such contribution as forfeited.

(Ord. No. 17-09, § 1, 2-22-17)