One thing that every property needs, from a starter home to a mixed-use development, is water and sewer service. In Miami-Dade County, this requires obtaining a written agreement from the Water and Sewer Department (WASD), which in turn entails providing a myriad of information and documents. Given the complexities of even the smallest or simplest development, you are best off relying on experienced Florida real estate attorneys to handle this technical legal process.
The Requirements for Water and Sewer Service Agreement
Before the WASD even prepares the Water and Sewer Service Agreement, it require a lot of information and supporting documentation, which must be submitted to the department with a written request for an agreement. Depending on the complexity or nature of the development—such as its size and location—you may be asked to provide additional information. The usual requirements are as follows:
- Property owner’s information. This includes the basics, like your name, daytime phone number, and mailing address. If you own the property through an entity, you will have to provide additional information about that entity: for example, if the owner is a corporation, the WASD requires its name and state of incorporation, whereas a limited liability company (LLC) must provide the name of the Manager or Authorized Member.
- Information about the property. This includes the folio number(s), which can be obtained through the County Property Appraiser, and the legal description, which should be on the deed to the property. However, it is imperative to confirm the accuracy of the description, which is something our experienced real estate and title attorneys are well equipped to do.
- Property boundary survey. This must be an original survey signed and sealed by either a Professional Land Surveyor (P.L.S.) or a Professional Surveyor and Mapper (P.S.M.). Alternatively, if the proposed property is not even platted yet, you may be able to submit a Tentative Plat identified as “Boundary Survey”, which must include a location sketch at a particular scale (e.g., with one inch equaling 300 feet).
- Detailed plans of the property. This includes the type and/or number of units to be constructed (which determines the overall daily of gallonage required), a construction schedule showing number of units to be completed annually, three copies of the proposed site plan and its square footage, and information about past, existing, or proposed plan for a water and/or sewer connection and layout.
- Property’s current and proposed zoning designation. You must ensure that the proposed development is designated to receive water and sewer service in the first place.
- Sewage capacity allocation letter. This is obtained from the Miami-Dade County Department of Regulatory & Economic Resources and certifies the property’s compliance with health and environmental regulations. If applicable, you will need a septic tank approval letter from the Miami-Dade Department of Health.
Additionally, you must pay all fees in full before the request can be processed; the cost will vary depending on whether you are seeking a water-only service agreement, sewer-only agreement, or both. Moreover, once the agreement is executed, it will be your responsibility to record it in the Public Records of Miami-Dade County and pay the requisite fee.
The Opinion of Title Process
Another key requirement not mentioned above is an Opinion of Title, which is essentially its own process altogether. Do not let the word “opinion” fool you: This document reflects a full examination of all title-related matters of the property. It certifies to the WASD that the title record is accurate and complete, the legal description of the property is correct, and that there is nothing hindering local authorities from implementing the Water and Sewer Service Agreement.
Crucially, only an attorney authorized to practice law in the State of Florida can prepare and sign an Opinion of Title letter.
Our seasoned Florida real estate attorneys have experience preparing Opinion of Title letters for various jurisdictions. Call us at (800) 604-1871 or email us at Info@JFRealEstateLaw.com for a free consultation on the Opinion of Title process and how our real estate services can benefit you. We offer real estate services throughout the State of Florida.