---

FAQ - Right Of Way

Newsrack FAQ

• When do I need a newsrack permit?

  You need this permit anytime you propose or intend to place a newsrack in the right-of-way.

• Who can apply for a newsrack permit?

  Anyone who desires to install a newsrack in the right-of-way to distribute a publication can apply for a newsrack permit.

• Are there any other permits necessary for installing/removing a newsrack?

  If there is an existing concrete sidewalk, no additional permits are required. If the proposed location does not have sidewalks, then a sidewalk construction permit is required. A sidewalk repair permit is required when the newsrack is removed.

• How long does it take to issue a permit?

  The permit will be issued within five business days of the application receipt.

• Is there a permit fee for this permit?

  The permit fee is $11.50 per year, prorated for a new permit at $0.96 per month.

• How long is the permit valid for?

  The permit is valid from October 1st to September 30th.

• How much will the restoration be?

  It is based on the number of newsracks to be installed as follows:
  » 1 to 25 newsracks: $1,000.00;
  » 26 to 100 newsracks: $2,500.00;
  » 101 and up newsracks: $5,000.00.

• Do I need to reapply for the permit?

  Yes, you need to reapply yearly.

• When do I get my restoration bond back?

  Your restoration bond will be returned to you six months after the last newsrack is installed.

• What do I do after I received my newsrack permit?

  You can install your newsrack at the approved location and request an inspection.

• What happens if fail my inspection?

  You will need reinstall the newsrack properly, schedule another inspection and pay a $5.75 re-inspection fee.

• Am I responsible for the newsrack’s maintenance?

  The permit holder is responsible to maintain the newsrack clean, free of graffiti, and in good working order at all times.

• Can I advertise on a newsrack?

  No, except for the publication itself, you may not have advertising on a newsrack

• What if I install a newsrack without a permit?

  The city may remove the newsrack immediately and assess a fee of $90.00 to the distributor for removing and storing the newsrack.

• What do I do if I want to know if a newsrack is permitted?

  Call Public Works at 305-416-1200, give us the permit sticker number (if there is one), and the location of the newsrack, and we will verify if it is permitted.

---

Overhead Horizontal Banner Permit FAQ

• When do I need an overhead horizontal banner permit?

  You need this permit anytime you propose to erect a temporary horizontal overhead advertising banner over the public right-of-way

• Where can I place an overhead horizontal banner?

  The approved locations for overhead horizontal banners are:
  » East Flagler Street between Miami Avenue & NE 1 Ave;
  » East Flagler Street between NE 1 Avenue & NE 2 Avenue;
  » West Flagler Street between NW 1 Avenue & NW 2 Ave;
  » Brickell Avenue & Rickenbacker Flyover.

• What can I advertise on a banner?

  You can advertise for an event on a banner. However the banner may not contain any political or commercial advertisement.

• What is the acceptable size for a banner?

  The banner cannot exceed three feet in height or thirty feet in length and should be place at a minimum of eighteen feet above the center of the roadway.

• Can I put sponsors’ names and logos on a banner?

  Sponsors’ names and logos can be placed on a banner but they cannot constitute more than 15% of the banner’s total area.

• Is there a permit fee for this permit?

  There is a non-refundable processing fee of $92.00, and an initial inspection fee of $10.00 per banner.

• How long is the permit valid for?

  The permit is valid for a month.

---

Payphones FAQ

• How many payphones are allowed at the same location?

  The City admits up to two (2) payphones per location sharing the same pedestal and you need to submit a single application for each phone.

• How much I have to pay for the permit?

  There are two nonrefundable fees included in the process, the initial fee of $230 for each payphone requested to be installed at one location and there shall also be an annual permit fee of $175 and inspection fee of $10 per year imposed for the occupancy of the streets or sidewalk of the City.

• How long is the permit valid for?

  The permit is valid for one fiscal year (October 1st to September 30th).

• How much do I have to pay for the permit renewal?

  If the payphone are going to stay at the same approved location you only have to pay the annual permit fee of $175 and inspection fee of $10. If you decide to change the location of your payphone then the initial fee of $200 will be added to your application.

• How long does it take to issue the permit?

  The permit is issued within 10 business days of the application receipt.

---

Right of Way Closure FAQ

• When do I need a right-of-way closure permit?

  You need this permit anytime you close or obstruct any portion of the right-of-way (sidewalk, swale, parking lane, traffic lane).

• How long does it take to issue the permit?

  The permit is issued within five business days of the application receipt.

• Is this permit conditional to any other permit?

  This permit only allows you to close or obstruct the right-of-way. You will still need all required other permits for the work that requires you to close the right-of-way, such as drilling, repaving, excavating.

• What other departments will review my application?

  Before this permit is issued, it will be reviewed by the departments of Police, Transportation, Off-Street Parking, Risk Management and by the Neighborhood Enhancement Team.

• Is there a fee for this permit?

  The following fees apply:
  » $120 permit fee for the Miami Police Department;
  » If metered parking lanes are close, the Miami Parking Authority will assess a fee based on the number of meters/parking spaces affected by the closure;
  » For a closure of more than five days not related to construction, excavation or repair within the public right-of way, the fees are: $0.20 per linear foot per day for sidewalk/curb usage, $0.30 per linear foot per day for parking lane usage, and $0.35 per linear foot per day for traffic lane usage.

• How long is the permit valid for?

  The permit is valid for a month.

---

Excavation Permit FAQ

• When do I need an excavation permit?

  You need this permit anytime you desire to disturb, cut into, dig up or excavate any public street or sidewalk.

• How long does it take to issue the permit?

  The permit is issued within five business days of the application receipt.

• How long is the permit valid for?

  This permit is valid for six months.

• Can I apply for an extension?

  You can apply for an extension before your permit expires. It will be extended for three months and the fee is $100.00.

• What happens if the permit expires before I apply for an extension?

  There will be a reactivation fee equal to the original permit fee.

• Do I need a restoration bond?

  There is a restoration bond assess by the engineer base on the type of work performed.

• Can I place a utility cabinet in the right-of-way?

  Utility companies can place cabinets in the right-of-way in accordance with Bulletin No.

• Can I use directional bore?

  Directional bore can be used in accordance with Bulletin No. 43.

• If I apply for directional bore can I change to an open trench excavation?

  Yes you can change your excavation type without reapplying.

• What do I do once the work is completed?

  You need to schedule a final inspection, submit as-builts, prior to closing the permit.

• Can I close an expired permit?

  No, the entire work must be completed, final inspection approved, and as-builts plans submitted before the permit expiration date.

• Can I apply for an emergency permit?

  Yes utility companies can apply online for an emergency permit.

---

Sidewalk Café FAQ

• What is a sidewalk café?

  A sidewalk café is the placing of chairs and tables within the sidewalk area of a business licensed to operate a restaurant or take-out food establishment.

• Do I need a permit to operate a sidewalk café?

  Yes, operating a sidewalk café on city streets without a permit is unlawful.

• What are the fees for this permit?

  There is a non refundable application fee of $175.00, inspection fee of $10.00, and a permit fee that will be based on the square footage.

• How much do I have to pay for the sidewalk permit fee?

  The fee is $11.50/SF. For example, if you are using 50 SF of the sidewalk for your sidewalk café, the fee will be $11.50/SF x 50 SF = $575.

• How long is the permit valid for?

  The permit is valid for one year and can be renewed annually.

• Can the permit fee be waived?

  If your business is located in a community development target area, the city will waive the first year permit fee.

• How long does it take to review the application and issue the permit?

  The permit is issued in ten business days.

• What kind of business is authorized to run a sidewalk café?

  Restaurants and take-out food businesses are authorized to run sidewalk cafes.

• Where can I place a sidewalk café?

  You can place a sidewalk café on the sidewalk in front of you restaurant or take-out business or in front of the building where your restaurant or take out business is located, provided that you have written approval of the building owner or any affected lessee

• Can I place a sidewalk café on the county right-of-way?

  Yes, you can place a sidewalk café within the county right-of-way. You need to follow the same process as if it was located on city right-of-way.

• Can I place a sidewalk café on State Road right-of-way?

  Yes, you’ll have to apply through the city. However the permit won’t be issued unless you have an approval from the Florida Department of Transportation.

• What type of furniture can I use for the sidewalk café?

  Tables, chairs, umbrellas, screens, planters can be a part of the sidewalk café. However the Public Works and Planning Departments and the NET Office will review the furniture specifications before approving the sidewalk café permit.

• Can I put advertisement on the furniture?

  No type of advertisement is allowed on the furniture besides the name of the business.

• Can we place heaters and fans in the sidewalk café area?

  Yes but approval of the Fire Department and Public Works is required.

• What type of planters can I place in the sidewalk café?

  Planters should be 36” high (from the bottom of the planter to the height of the plant) and should have a minimum spacing of 30”.