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West Miami adopts parkway (swale) rules with maintenance covenant and curbed‑street exclusions
Summary
The commission approved new parkway improvement regulations that allow permeable parking materials, require permits and a recorded covenant, add a 36‑hour standing‑water enforcement standard, and exclude streets with curbs such as SW 16th Street and 62nd Avenue.
The City Commission on July 15 adopted an ordinance regulating parkway improvements (formerly discussed as swales) in public rights‑of‑way for areas without curbing.
Planning staff described changes made since the first readingincluding clarified terminology ("parkway" versus "swale"), required permits and engineering approval, a requirement that property owners record a hold‑harmless covenant running with the land, and a requirement that improvements remain permeable. Staff also explained that property owners are responsible for installation and maintenance and that the city and utility providers retain full access to the right of way.
To address enforcement concerns, the covenant will include a standard water evaluation: standing water alone will not constitute a violation unless it remains more than 36 hours after the end of a normal rainfall event or the swale has been altered or improperly maintained and causes adverse impacts. The commission added an exclusion that streets with curbs (specifically Southwest 16th Street and 62nd Avenue) be ineligible for the program.
Commissioners pressed to ensure the ordinance would not vest unintended rights if the city later pursues capital projects (such as bike lanes or curb projects); staff and the city attorney confirmed the city retains the right to revoke permission and decline permits where a future city project would be impacted. The commission adopted the ordinance as amended by a unanimous vote.
Practical effects: Residents in non‑curbed areas can apply for permits to install specified permeable parking improvements subject to permit review, landscaping requirements and a recorded covenant; the city will enforce maintenance standards and may revoke permission if needed for public safety or infrastructure projects.
