HomeMy WebLinkAboutO-13915City of Miami
Ordinance 13915
al111 II li.RR I +
Legislation
File Number: 7634
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/
RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE
X/SECTION 2-289 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE
ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES", CHAPTER
22.5/ARTICLE VI OF THE CITY CODE, TITLED "GREEN INITIATIVES/SOIL
EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST
GENERATION CONTROL", CHAPTER 54 OF THE CITY CODE, TITLED
"STREETS AND SIDEWALKS", AND CHAPTER 62/ARTICLE II/SECTION 62-12
OF THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHENSIVE
PLANNING/FEE," BY PROVIDING FOR RESILIENCE AND PUBLIC WORKS
DEPARTMENT ("DEPARTMENT") FEES FOR INSPECTIONS AND
EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF
ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND ADJUSTED
DEPARTMENT FEES RELATED TO THE PROCESSING AND RECORDATION
OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-
WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCESSING OF DEEDS OF
DEDICATION AND QUITCLAIM DEEDS, AND FOR THE PROCESSING AND
REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT;
PROVIDING FOR STANDARDS FOR INSURANCE COVERAGE AND
INDEMNITY BY APPLICANTS IN CONNECTION WITH SUCH PERMITS;
FURTHER PROVIDING FOR ENHANCED PENALTIES PURSUANT TO
SECTION 162.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL
VIOLATIONS RELATED TO THE PUBLIC RIGHT-OF-WAY; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes
WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as
amended ("City Code"), provides the fee schedule for the processing of covenants, construction
plans, and recordation of plats by the Department of Public Works and Resilience
("Department"); and
WHEREAS, Chapter 2/Article X of the City Code provides the schedule of civil penalties;
and
WHEREAS, Chapter 22.5 of the City Code outlines the City's environmentally -friendly
initiatives such as the reduction of greenhouse gases by the City of Miami's ("City") vehicular
fleet, purchase of environmentally preferable products, and construction and development
requirements such as soil erosion, dust control, and Florida -friendly fertilizer usage; and
WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of
right-of-way permits; and
City of Miami Page 1 of 28 File ID: 7634 (Revision: 8) Printed On: 81712023
File ID: 7634 Enactment Number: 13915
WHEREAS, Chapter 62 of the City Code provides the fees for inspections and
examinations of plans by the Department for compliance with the provisions of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, currently, the fees referenced in Chapter 2, Chapter 22.5, Chapter 54, and
Chapter 62 of the City Code do not sufficiently cover the average cost of City staff to perform
the processing of said documents, permits, inspections, and related work; and
WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5,
Chapter 54, and Chapter 62 of the City Code to adjust said fees; and
WHEREAS, the changes to fees in this Ordinance are related to and based upon the
actual cost to the City for reviewing and processing the various approvals, permits, and other
regulatory requirements as more specifically provided for herein; and
WHEREAS, it is the intention of the City not to construe this Ordinance in such a way
which conflicts with State law, including, specifically, Section 337.401, Florida Statutes,
regarding permissible permit requirements and fees for certain communications providers; and
WHEREAS, the modifications of civil penalties for violations of these Sections of the City
Code are necessary to ensure conformity with State law; and
WHEREAS, the City Commission finds that all new and adjusted fees in this Ordinance
are reasonable and commensurate with the direct and actual cost of the regulatory activities
described herein, including issuing and processing permits, plans reviews, physical inspections,
direct administrative costs, and similar work;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 4 of the City Code, titled
"Administration/Departments/Resilience and Public Works Department", is further amended in
the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
' Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted
and unchanged material.
City of Miami Page 2 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634 Enactment Number: 13915
DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT
Sec. 2-265. Same -Duty to establish minimum standards for public works.
The director of resilience and public works is hereby authorized and directed to
promulgate rules and regulations establishing minimum standards pertaining to the construction,
improvement, repair, maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and
other public highways, soFsstormwater management system, drains, ditches, culverts,
canals, streams, watercourses, seawalls, boulevards, squares and other public places and
grounds belonging to the city or dedicated to public use or owned by the city as an easement or
any other right of use whatsoever, and to establish, amend, publish and enforce uniform and
comprehensive minimum standards, plans, drawings, specifications and control of the design,
construction, development, improvement, repair and location of all public works under his/her
authority, whether on or above or below the surface of the land or water, whether financed or
constructed by any federal or state political subdivision or private person, firm or corporation.
Sec. 2-266. Functions of department -Generally.
The functions of the Department of resilience and public works depTshall include
the permitting, oversight, inspection, management, and supervision of all public works, including
those public works projects carried on in the public right-of-way, right-of-way permitting, transit
and mobility functions, and all duties and functions heretofore a part of the department of
engineering and the division of streets, bridges and sewers heretofore a part of the department
of public service. These functions and duties are hereby transferred to the Department of
resilience and public works depTand shall be carried on by such department.
Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, right-
of-way dedication deeds, quitclaim deeds, waiver of fee; fee for preparation of documents
allowing the use of public right-of-way by private entities; recording fee.
(b) Except as more specifically described in this Section, F-G+ for the preparation and processing
of legal documents, including, but not limited to, subdivision improvement bonds and hold
harmless agreements, quitclaim deeds with the City as grantor, and any agreement allowing the
use of public right-of-way by private entities, excluding permits, a fee of Q''�0 $2,800.00
shall be collected by the director of resilience and public works.
(c) For the preparation and processing of a right-of-way dedication deed, the fee shall be as
follows:
1. Properties that receive a homestead exemption pursuant to Article VI I, Section 6(a) of
the Florida Constitution with the right-of-way being enlarged by the dedication not part of
the County or State road system ... $0.00
2. All other properties ... 1,125.00
City of Miami Page 3 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
kc4 (d) In addition to the above fees, the party proffering the legal document shall also pay the
recording fee, as established by the state.
Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver
of fee.
(a) The fees to be charged by the resilience and public works department for platting
determinations, processing tentative plats, reviewing and processing certain platting
exception approvals, and recording plats submitted for approval of the city, including the
inspection of the permanent reference monuments set in the field, are hereby fixed as
follows:
(1) Platting determination. Platting determination or determination on folio separation
..... $695:-00-$850.00
(2) Platting exception submittal pursuant to Section 55-10(c) of the City Code ..... 975.00
{z}Laj Recording plat.
a. Te aGGGMpaply For submittal of tentative plat without closure and
vacation/release of one or more right(s)-of-way or easement(s)a,at+ee
.....1,900 4-93 , 2 0 0.0 0
b. For submittal of tentative plat with closure and vacation/release of one or more
right(s)-of-way or easement(s) ..... 5,000.00
14c. For rocs bmissmei resubmittal of tentative plat v.ghor, hmi44orl for ro`+nrrlinrr
for an extension of time.....900.08-2,400.00
Gd. For rocs lbmissir-n resubmittal of tentative plat by different owner
.. ,900,092,400.00
de. For rocs bnimssmei resubmittal of tentative plat with new boundary without
closure and vacation/release of one or more right(s)-of-way or easement(s)
.....900.093,200.00
f. For resubmittal of tentative plat with new boundary with closure and
vacation/release of one or more right(s)-of-way or easement(s) ..... 5,000.00
eq. To accompany final plat when submitted for recording ..... ,500,003,700.00
(34) Extending subdivision improvement time limit. For each time limit extension granted
for completion of subdivision improvements required in conjunction with a recorded plat
.....295.00
or, five percent 5( %) of the subdivision improvement bond amount, whichever is greater.
(b) The processing fees required by subsection (a) may be waived for governmental entities and
agencies.
City of Miami Page 4 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634 Enactment Number: 13915
(c) The fees to be charged for an expedited review for processing final plats and
recording plats submitted for approval of the city, including inspection of the permanent
reference monuments set in the field, are fixed as follows*:
Final plat review expedite fee (in addition to final plat submittal fee):
List of requirements Base fee $250.00 Plus fee per tract/lot ..... $100.00
Mylar review Base fee $1,000.00 Plus fee per tract/lot ..... 500.00
* Expedited review is within the sole discretion of the Director of Resilience and Public Works to
authorize, subject to staff availability.
(d) Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing for an alternative
method for the closure or vacation of alleys which abut parcels of land zoned solely residential.
Application fee .....$525-042,000.00
Recording fee .....***
Publication fee .....***
Vacation and alley closure fee pursuant to subsection 62-156(6) .....Not applicable
*** These fees shall be determined contingent upon fees charged by the newspaper and Miami -
Dade County recorder's office at time of publication and recordation.
(e) Notwithstanding the above, combined resubmittal, tentative plat, and final plat fees pursuant
to Section 2-269(a)(3) to be charged for a plat consisting solely of property or properties that
receive a homestead exemption(s) pursuant to Article VII, Section 6(a) of the Florida
Constitution shall not exceed ..... $1,800
(f) Fees to be charged pursuant to Subsection 55-15(e) providing for an alternate method for the
closure or vacation of a Dlatted easement ..... $2.000.00
(q) Fees to be charged pursuant to Subsection 55-150) providing for an alternate method for the
closure or vacation of emeraencv access easement ..... $2.000.00
(h) Fees to be charged pursuant to Subsection 54-4.1(b) providing for a release of utility
easement reservation ..... $2.000.00
Sec. 2-272. Plan GheGkiRgreview fee.
City of Miami Page 5 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
(a) The fees to be charged by the Department of resilience and public works de;t for
processing and rhoreviewing private development plans submitted for
approval of the city are hereby fixed as follows:
(1) Fence, wall, slab, or sign .....$50.00
(2) Underground tank wit .....155.00
(3) Single-family or duplex residential construction, reconstruction, remodeling,
renovation, repair, or addition permit .....268.00
(4) Multi -family residential and all nonresidential construction, reconstruction,
remodeling, renovation, repair, or addition permit:
New multi -family residential (<'/2 acre) .....940.00
New commercial (<'/2 acre) .....1,043.00
New multi -family residential (>:% acre and <1 acre) .....1,520.00
New commercial (>:% acre and <1 acre) .....1,650.00
Large development (residential/commercial >_1 acre) .....2,775.00
(5) Subdivision improvement engineering plan ..... 1,800.00
(6) Review and marking of Base Building Line
On signed/sealed Boundary Survey ..... 125.00
For Planning/Zoning applications ..... 250.00
(7) Underground utility installation ..... 295.00
8) Underaround utilitv service connection. utilitv structure Dlacement ..... 75.00
(9) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility
excavations ..... 350.00
0 0) Building construction/maintenance (scaffolding, crane, dumpster)..... 225.00
01) Right-of-way closure (temporary traffic control, temporary construction fence) .....
75.00
0 2) As -built plan
a. Stormwater..... 650.00
b. Line and grade, pavement, sidewalk, curb, and gutter.....375.00
City of Miami Page 6 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
c. Underground utilities .....650.00
d. Above ground utilities..... 375.00
e. Non-standard improvements (pavers, lighting, irrigation, tree grates,
etc.) ..... 350.00
(13) Dry Run plan
a. Stormwater..... 300.00
b. Line and arade. Davement. sidewalk. curb. and autter...... 300.00
c. Underground utilities ..... 300.00
d. Aboveground utilities..... 200.00
e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) .....
175.00
(b)The fees to be charged by the department of resilience and public works for processing and
reviewing plans for work in the right-of-way that is not related to a private development
submitted for approval of the city are hereby fixed as follows:
(1) Underground utility installation ..... $295.00
Underaround utilitv service connection. utilitv structure Daacement ..... 75.00
(3) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility
excavations ..... 350.00
(4) Street construction (sidewalk repair, sidewalk construction, curb and gutter, roadway
Paving, roadway resurfacing) ..... 195.00
(5) Building construction/maintenance (scaffolding, crane, dumpster) ..... 225.00
(6) Right-of-way closure (temporary traffic control, temporary construction fence).....
75.00
(7) As -built plan
a. Stormwater..... 650.00
b. Line and arade. Davement. sidewalk. curb. and autter ...... 375.00
c. Underground utilities ..... 650.00
d. Aboveground utilities..... 375.00
City of Miami Page 7 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) .....
350.00
(8) Dry Run plan
a. Stormwater ..... 300.00
b. Line and grade, pavement, sidewalk, curb, and gutter ...... 300.00
c. Underground utilities ..... 300.00
d. Aboveground utilities ..... 200.00
e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) .....
17�; nn
(bc) Expedited plan review service for special projects. A "special project" is defined as a
project having a development order, or any other project as determined by the city
manager, or designee, as having special interest to the city. The services will cover the
resilience and public works department expedited review and shall be in addition to any and
all other applicable permit fees. Outside source review will be the preferred method.
Outside source review fee: Actual cost plus 15 percent*
*Fifteen percent is the administrative fee to cover the cost of processing.
In-house review fee not to exceed four hours: $350.00
(sd) The fee required under this section may be waived by the director of resilience and
public works for governmental entities and agencies.
Section 3. Chapter 2/Article X/of the City Code, titled "Administration/Code Enforcement", is
further amended in the following particulars:
ARTICLE X — CODE ENFORCEMENT
Sec. 2-829. Schedule of civil penalties.
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Code Description of Violation
Section
* * * *
Civil Penalty
City of Miami Page 8 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634 Enactment Number: 13915
Unlawful discharge of petroleum products into $219 00500.00 or as determined
49-2 City stormwater management system er saRitary by the City Manager plus costs as
determined by the City Manager or
sewers.
designee
7-7�89500.00 or as determined by
49-3 Unlawful discharge of human excreta. the City Manager plus costs as
determined by the City Manager or
`designee
Unlawful discharge of wastewater from1210 a500.00 or as determined by
49-4 construction excavation into city stormwater the City Manager plus costs as
management systemsewer. determined by the City Manager or
designee
Discharge or dumping of septic tank contents o 525 00500.00 or as determined by
49-5 city stormwater management system�+�A the City Manager plus costs as
saRitar„ sewers determined by the City Manager or
designee
Failure to obtain permit to obstruct street, or �-a0500.00 or as determined by
54-3 sidewalk or impede traffic or failure to pay usage the City Manager plus costs as
fee. Daily usage fee will be required to be paid in determined by the City Manager or
addition to payment of the applicable penalty i designee
Failure to comply with conditions set forth by such 262 F)0250.00plus costs as
54-3 permit, each violation. determined by the City Manager or
6
designee
Unlawful use of street or sidewalk for advertisin�0250.00 plus costs as
54-8 g determined by the City Manager or
or display purposes. designee
54-8 Failure to obtain permit for lawful advertising or —T�0250.00 plus costs as
determined by the City Manager or
display in the public right-of-way. designee
11262.50250.00 plus costs as
54-9 Placing signs on street or sidewalk surface. determined by the City Manager or
I Y designee
54-12 Placing glass or other injurious substances on F52.50
(streets.
Failure to remove utility facilities to permit 52.50250.00plus costs as
54-14 improvement of streets. determined by the City Manager or
`designee
Failure to notify public works 24 hours prior to
52.50250.00 plus costs as
54-41 commencing construction.
determined by the City Manager or
designee
I
—'28-00500.00 or as determined by
Disturbing, cutting, digging or excavating any
the City Manager plus costs as
54-42
of the public right-of-way without a permit.
determined by the City Manager or
(portion
designee
54-44
1 Failure to construct sidewalk with standard
152.50250.00 plus costs as
City of Miami Page 9 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
material.
I
� Failure to obtain approval of location and
54-47 construction of driveway.
r -F-
54-48 Refusing to allow inspection
54-48 Failure to comply with stop work order
I
54-5'
� determined by
the City Manager or
designee
1�9250.00 plus
costs as
determined by
the City Manager or
designee
4-85-80500.00 or as determined by
the City Manager
plus costs as
determined by
the City Manager or
I designee
218-89500.00 or as determined by
the City Manager
plus costs as
determined by
the City Manager or
designee
I
54-52
54-54
Failure to lay sewers, water and gas mains,
telephone and electrical conduits prior to street
improvements.
Allowing sidewalks to remain in dangerous
condition.
��9500.00 or as determined by
the City Manager plus costs as
determined by the City Manager or
,
designee
PI9-88250.00
plus costs as
determined by
the City Manager or
� designee
a2-a8500.00 or as determined by
the City Manager
plus costs as
determined by
the Citv Manaaer or
designee
�8250.00
plus costs as
54-56
Failure to construct, reconstruct, or repair the
determined by
the City Manager or
street improvements.
`designee
streets or sidewalks with trash lumber
52.50250.00 plus
costs as
54-57
]Obstructing
or other obstructions.
determined by
the City Manager or
`designee
�
Failure to obtain proper permits or authorization
.0500.00 or as determined bythe
54-86
for placement of a bench or a shelter upon public
City Manager
plus costs as
right-of-way.
determined by
the City Manager or
�52.58500.00
designee
or as determined by
54-91
Failure to maintain proper clearances for
the City Manager
plus costs as
placement of a bus bench or shelter.
determined by
the City Manager or
I designee
Failure to properly maintain a bench and/or
52.58250.00 plus
costs as
54-92
shelter.
determined by
the City Manager or
i designee
52.58500.00 or as determined by
54-93
Failure to comply with bench and/or shelter size
the City Manager
plus costs as
requirements.
determined by
the City Manager or
designee
City of Miami Page 10 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
Failure to properly display name/address, and 152.50 plus costs as determined by
54-94 local telephone number of bench and/or shelter the City Manager or designee
company.
54-132 Failure to properly affix numbering to building as 105.00 plus costs as determined
I I required. I by the City Manager or designee
Unlawful placement of any sign designating
1
54-134 street, avenue or other public place by a different
52 50500.00 or as determined by
name than by which it is generally and legally
the City Manager
I known.
—IF�8500.00 or as determined by
Defacing or removal of any street signs posted in
the City Manager plus costs as
54-135
the city.
determined by the City Manager or
designee
Unlawful construction or installation of an
219 98500.00 or as determined by
54-193
encroachment within the dedicated right-of-way or
the City Manager plus costs as
within the undedicated right-of-way.
determined by the City Manager or
designee
E2E 00500.00 or as determined by
54-221 Operating a sidewalk cafe without a permit.
the City Manager
plus costs as
determined by
the City Manager or
`designee
Placing, maintaining, or operating newsrack on
E2 E0250.00 plus
costs as
54-263 any public right-of-way without a permit.
determined by
the City Manager or
designee
8250.00 plus
costs as
54-266 Installation, use and/or maintenance of
determined by
the City Manager or
(nonconforming newsracks.
`designee
5250250 00 plus costs as
54-268
r
I
54-300
Allowing a newsrack to remain in a state of abandonment. determined by the City Manager or
designee
Failure to obtain telecommunications permit
agreement.
*„
1525.09500.00 or as determined by
the City Manager plus costs as
determined by the Citv Manaaer or
Y designee
52.50
Section 4. Chapter 22.5/Article VI of the City Code, titled "Green Initiatives/Soil Erosion,
Waterway Sedimentation, and Airborne Dust Generation Control", is further amended in the
following particulars:'
"CHAPTER 22.5
City of Miami Page 11 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
GREEN INITIATIVES
ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST
GENERATION CONTROL
Sec. 22.5-127. Administrative fee.
As a condition precedent to the issuance of any resilience and public works, zoning, planning,
building, or demolition permit for a construction project which will disturb 0.5 acres or more of
soil, the applicant shall pay the city a stormwater utility fee of $tea 00595.00. All fees and fines
generated as a result of this article shall be deposited into the stormwater utility fee account in
the general fund for the stormwater management system and shall be used to administer this
program and to further the city's efforts prevent pollution of stormwater systems.
*„
Section 5. Chapter 54 of the City Code, titled "Streets and Sidewalks", is further
amended in the following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes
traffic; fees; waiver of fees.
(a) Scope. No person shall perform or conduct any work in the public right-of-way, c �
(any work including, but not limited to, digging, drilling, repaving, installing or maintaining
utilities, etc.1, which obstructs, closes, or causes to be obstructed or closed, any street,
sidewalk, or any other part of the public right-of-way in this city, or which impedes the
general movement of vehicular or pedestrian traffic, without first having obtained a permit
approved by the police department, the Department of resilience and public works
dep;t, the off-street parking department, the risk management department, the
neighborhood enhancement team department, and the #anspertatiGR GffiGe the transit and
mobility division. After approval by the departments of police, resilience and public works,
off-street parking, risk management, neighborhood enhancement team and toe
tFaRsp„Ftati R „f iGe the transit and mobility division, the city manager, or designee, shall
issue a permit. No person shall apply for a permit to perform or conduct work in the public
right-of-way without disclosing in writing on the permit application form the person(s) on
whose behalf such work in the public right-of-way is being performed or conducted. If such
work is being performed by one or more person(s) on behalf of any other person(s) for
using, constructing in, excavation of, maintenance of, owning and/or operating any type or
City of Miami Page 12 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
manner of system, equipment, or device within the public rights -of -way, then all persons
must comply with all application and permitting requirements of the city. Failure of any
person(s) to fully disclose his/her/their interest/participation/representation in the permit
application and/or to fulfill all city requirements for issuance of the permit shall result in (1)
immediate revocation by the city, without the necessity of any further action, hearing, or
proceeding, of any permit previously granted resulting in such permit becoming null and
void, or (2) issuance by the city of a written notice that such permit will not be granted, as
the case may be, due to violation of this provision by the person(s) who applied for such
permit. The city shall have the right to take all legal measures and seek all available
remedies to enforce this disclosure provision. Except for applications for permits by non -
revenue generating government entities, no person(s) or those performing the work on
behalf of any other person(s) may apply for a permit if the person(s) or those performing the
work on their behalf currently owe outstanding fines, debts, or delinquencies to the city
related to prior permits issued by the department of resilience and public works, or due to
performing un-permitted work in the public right-of-way. If such outstanding fines, debts, or
delinquencies are owed by those performing the work on behalf of another, then the denial
of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed
to the person(s) applying for the permit, notifying them of the outstanding fines owed by
those attempting to perform the work on their behalf and stating the amounts owed.
(c) Indemnity, hold harmless and insurance. It chill ho , GGRdi+inn nro,.odon+ +„ +ho icci GAr-ta
that adequate safety pFeGautiens aFe on effeGt at all times dwFing the teFm E)f the peFmit. 4
p blin right of way to i4c eFigiRal GeRd141E)N befe Fe mc4allatieR of fadlities
Applicant agrees to indemnify, defend, and hold harmless the City, its officials,
employees, agents, and, if applicable, its instrumentalities and each of them from and
against all loss, cost, penalties, fines, damages, claims of any nature, including expenses
and attorneys' fees, and any and all liabilities by reason of injury to or death of any person,
damage to, destruction, or loss to any property including the City, its instrumentalities, its
officials, employees, and agents arising out of or in connection with the performance or
non-performance of the services contemplated by this permit/agreement which is directly or
indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence,
whether active or passive of the applicant, its employees, agents, servants, or contractors,
unless such act or omission is solely caused by the City, its instrumentalities, officials,
employees, and agents. The applicant further agrees to indemnify, defend, and hold
harmless the City, its instrumentalities, officials, employees, and agents against all liabilities
which may be asserted by an employee or former employee of the applicant, or any of its
contractors as provided above, for which the applicant's liability to such employee or former
employee would otherwise be limited to payments under workers' compensation or similar
laws. In addition, the applicant understands and agrees that except where caused by the
City of Miami Page 13 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
negligence or misconduct of the City, its instrumentalities, officials, employees, or agents,
the City shall not be liable for any loss, injury, or damage to any personal property or
equipment of the applicant, its employees, agents, contractors, business licensees, or
invitees placed on City property and its instrumentalities and shall be at the risk of the
applicant thereof. The applicant shall be solely responsible for all its activities and for the
installation and maintenance of traffic -control devices, if applicable. The applicant shall
ensure that adequate safety precautions are in effect at all times during the term of the
permit. It shall be a further condition precedent to the issuance of any such permit for work
to be performed in the public right-of-way that the permit holder(s) is/are jointly and
severally responsible, at each permit holder's sole expense, for any damages regarding
restoring the public right-of-way to its original condition before installation of facilities. The
indemnification shall survive termination of this Dermit/aareement.
(1) Non -governmental applicant(s). Prior to the issuance of any such permit, the non-
governmental applicant(s) shall submit to the city a certificate of insurance for each
non -governmental applicant in an amount not less than $1,000,000.00 per occurrence,
$2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to,
premises and operations liability, contingent and contractual exposures, XCU hazards,
personal and advertising injury, and products and completed operations, and hest
liability, if applicable. In addition, the applicant hereby agrees to provide additional
insurance requirements as required by the City, including but not limited to umbrella
liability, or any additional requirements or endorsements as may be applicable, in
connection with the scope of services contemplated by the permit/agreement. The
certificate must reflect primary and noncontributory language and list the city as an
additional insured. The certificate must also include coverage for all owned, hired, and
non -owned vehicles with a combined single limit of $ 500,000 per
accident, also listing the city as an additional insured, and must further afford coverage
for worker's compensation including waiver of subrogation subject to the statutory limits
of the State of Florida as required by FleFi a stat-+o The insurance herein required
shall remain in full force and effect during the entire term of the permit. Additionally, all
such insurance for non -governmental applicant(s) shall be subject to annual review by
the city's risk management department and the applicant shall be required to update as
necessary to protect the city as set forth in this section.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida with the followina aualifications:
The company must be rated no less than "A-" as to management and no less than
Class W" as to financial strength by the latest edition of Best's Insurance Guide
Published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the
approval of the City's Department of Risk Management. Companies not meeting the
above rating requirements shall submit proof of reinsurance from qualifying insurers
having or exceeding the required rating criteria.
Certificates of insurance shall contain thirty (30) days as to changes or modifications
with notice to the certificate holder.
(2) Government applicant(s). Prior to the issuance of any such permit, the governmental
applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance
for each governmental applicant in accordance with and subject to the limitations as
set forth in F.S. § 768.28.
City of Miami Page 14 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634 Enactment Number: 13915
(d) Temporary obstruction of streets and sidewalks.
(1) Any permit issued pursuant to this chapter under this section may be revoked at any
time for violation of the terms of the permit. The city manager or his/her designee may
revoke this permit with justification.
(2) The permit holder shall not locate a temporary office, trailer, portable toilets,
equipment or storage of materials, construction spoils, and/or supplies within the
temporary obstructed right-of-way. Such temporary office, trailer, portable toilets,
equipment or storage of materials, construction spoils, and/or supplies may be allowed
by the Department of resilience and public works n;t subject to a separate fee,
subsection (e)(54), in addition to the fee for a permit for the partial or full obstruction or
closure listed in subsection (e)(44). A violation of this section shall result in a fine of
$26259 $250.00 per day for each violation.
(3) If the dimensions of the obstruction exceed the dimensions allowed by the permit, the
permittee and the building owner shall jointly be assessed a fine equal to $262-50
$250.00 per day for each violation, plus any appropriate additional fees for the
obstruction.
(4) The permittee must provide a construction staging plan showing the location of lifting
equipment, if applicable, ingress and exit points, and a signed and sealed statement
from a State of Florida registered professional engineer ; p the statestating that no other
suitable, onsite alternative exists.
(5) For purposes of this section, the following definitions shall apply:
Construction fence screen is a light, flexible fabric bearing printed text and pictures
to give information and with edge grommets to facilitate attachment to a rigid frame.
Construction windscreen is a visual/dust barrier composed of a flexible, woven
fabric with edge grommets to facilitate attachment to a rigid frame.
Temporary construction fence is used when contracting or planning to construct
improvements on the premises and which facilitates temporary security and surety for
the premises.
(6) Subject to compliance by the permit holder with applicable provisions of the sign
codes of Miami -Dade County and the city, the permit holder may affix a construction
fence screen or construction windscreen containing onsite advertising to the temporary
construction fence abutting or located in the public right-of-way subject to an additional
fee listed in subsection (e)(6). The dimensions of the construction fence screen or
construction windscreen shall not exceed the dimensions of the temporary construction
fence, and shall comply with section 33-99 of the Miami -Dade County Code. The
content of the onsite advertising shall be limited to pictorial and text information
advertising the sale or rental of the premises, construction actually being done on the
premises, or future construction to be done on the premises on which the onsite
advertising is located. For purposes of this section, such advertising described in the
preceding sentence shall only be onsite advertising. No advertising is allowed for
goods, off -site products or services, alcoholic beverages, tobacco products or adult
entertainment as defined by the city zoning code. Nothing in this section shall be
interpreted to permit a sign where the sign copy does not pertain to the use of the
property, units sold, or the sale or lease of the property on which sign is displayed and
which does not identify the place of business as purveyor of the units advertised on the
sign. A violation of this section shall be punishable by a fine of $250.00 per day for
each offense under the provisions of chapter 2, article X of the City Code, and any
City of Miami Page 15 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
other remedies as provided by law, jointly and severally, including, but not limited to,
suspension or revocation of a CU, BTR, permit, or any other legal remedy as deemed
appropriate by the city. The use of one remedy shall not preclude the use of another.
(e) Fees.
(1) A non-refundable fee of $120.00 shall accompany each permit application to the
police department, to be retained by the city regardless of action taken in the granting
or denial of the permit.
(2) An non-refundable application fee of $58-00 $95.00 and a non-refundable initial
inspection fee of $50.00 shall accompany each permit application to the Department of
resilience and public works departmeRt, to be retained by the city regardless of action
taken in the grantiing or denial of the permit.
(3) A non-refundable permit fee of $325.00 shall be paid prior to permit issuance for all
right-of-way closures. Non-refundable plan review fees in accordance with Section 2-
272 of the City Code shall be paid upon completion of reviews and prior to issuance
of all right-of-way closure permits. In the case of an applicant cancelling an
application or the City cancelling an application due to the applicant becoming non-
responsive and ultimately abandoning a permit application after plan reviews are
completed, these fees will be applied to an applicant's account and must be paid in
order to avoid being in violation of Sections 54-3 and 54-42 of the City Code.
(4) A non-refundable public right-of-way usage fee for the partial or full obstruction by
construction or maintenance related activities shall be the greater of the following,
$595.00 or as calculated below:
a. $0.25 $0.30 per linear foot per day of sidewalk/curb/swale usage.
b. $0.35 $0.40 per linear foot per day of parking lane usage.*
*This fee is in addition to fees payable under chapter 35 of this Code, as amended.
c. $0.40 $0.45 per linear foot per day of lane closure or partial lane closure of traffic
and auxiliary lane usage.
All fees shall be paid prior to permit issuance.
(5) A non-refundable fee for a temporary office, trailer, portable toilets, equipment or
storage of materials, construction spoils, and/or supplies within the partial or full
obstruction area shall be as follows:
a. $0.10 $0.15 per linear foot per day of sidewalk/curb/swale usage.
b. $0. 15 $0.20 per linear foot per day of parking lane usage.
c. $0.20 $0.25 per linear foot per day of lane closure or partial lane closure usage.
All fees shall be paid prior to permit issuance.
(6) A non-refundable fee of $0-06 $0.10 per square foot per day of construction fence
screen or construction windscreen containing advertising affixed to temporary
construction fence located abutting the public right-of-way or in the public right-of-way.
All fees shall be paid prior to permit issuance.
City of Miami Page 16 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
(7) All fees collected by the Department of resilience and public works, do^;t in
accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in
a rollover account to be known as the lane closure fund. This account shall be used for
the Department of Resilience and Public Works for engineering support services,
training, materials, and equipment related to right-of-way closures, and for public right-
of-way maintenance and improvements.
(8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) s4a-4 may
not apply to the city or any other non -revenue generating federal, state, ^^HRty, ^;+„
government or school district entity, or while construction, excavation, and repair work
is being actively performed within the public right-of-way. The fees described in
subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above may be waived or
reduced by the city commission if the commission determines that such a waiver or
reduction is in the city's best interest.
(9) After -the -fact permit fee. For any public street or alley closure described in section 54-
3, performed without the required permits and inspections, quadruple the amount of all
permit fees, application fees and inspection fees as described in subsections (e)(1)
through (e)(6) herein.
ARTICLE II. —CONSTRUCTION, EXCAVATION, AND REPAIR
Sec. 54-42. required for disturbing, cutting into, digging up, drilling, boring
under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of
right-of-way.
(a) Permit required. Except as provided in subsection (b) when any person desires to disturb,
cut into, dig up, drill into, bore under, or excavate any public street, swale, or sidewalk,
whether the same is paved or unpaved, or to cause the same to be done, application shall
be made to the director of the department of resilience and public works for permission
therefore. No person shall apply for a permit to perform or conduct work in the public right-
of-way without disclosing in writing on the permit application form the person(s) on whose
behalf such work in the public right-of-way is being performed or conducted. If such work is
being performed by one (1) or more person(s) on behalf of any other person(s) for using,
constructing, excavating, maintaining, owning or operating any type or manner of system,
equipment, or device within the public right-of-way, then both/all persons must comply with
all application and permitting requirements of the city. Failure of any person(s) to fully
disclose his/her/their interest/participation/representation in the permit application or to fulfill
all city requirements for issuance of the permit shall result in (1) an immediate revocation by
the city of any excavation permit previously granted resulting in such permit becoming null
and void (without the necessity of any further action, hearing or proceeding), or (2) issuance
by the city of a written notice that such permit will not be granted, as the case may be, due
to violation of this provision by the person(s) who applied for such permit. The city shall
have the right to take all legal measures and seek all available remedies to enforce this
disclosure provision. Except for applications for permits by non -revenue generating
government entities, no person(s) or those performing the work on behalf of any other
person(s) may apply for and/or receive a permit if the person(s) or those performing the
work on their behalf currently owe outstanding fines, debts, or delinquencies to the city
City of Miami Page 17 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
related to prior permits issued by the department of resilience and public works. If such
outstanding fines, debts, or delinquencies are owed by those performing the work on behalf
of another, then the denial of the ability to apply for and/or receive a permit shall be
accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of
the outstanding fines owed by those attempting to perform the work on their behalf and
stating the amounts owed. Such permit shall set forth minimal reasonable conditions, as
permitted by law, necessary for the protection of property and personal safety, the
restoration of the public right-of-way to a condition satisfactory to the city, and any on -going
maintenance or reparations for un-repaired conditions or damages that may be required of
the person(s) under the circumstances and extent of the work to be performed or conducted
by such person(s) under such permit. Any violation of the conditions set forth or any
violations under applicable law shall render such permit automatically null and void, without
the necessity of any further action or proceeding. Such permit shall cover the length of time
necessary and reasonable according to the type of activity involved. Additionally, unless
otherwise provided by general law, any continuing use of the public right-of-way by any
such person(s) shall require such person(s) to also enter into a continuing maintenance and
restoration agreement, registration, or a franchise agreement, as applicable by Florida
Statutes or the City Code, with the city, and to provide such continuing insurance and such
continuing surety that may be required by the agreement or registration relating to such
continuing maintenance and potential restoration. A permit application form will not be
required to be submitted for multiple sanitary sewer laterals, water service laterals or water
meters installed by the Miami -Dade Water and Sewer Department, if such multiple
installations are combined into a single written request for permit to the director of the
Department of resilience and public works. A request for multiple water and sewer
installations shall be submitted to the director of the Department of resilience and public
works prior to construction work and shall not require submittal of a surety for restoring the
street or sidewalk as described in subsection(c).
(c) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this
section, the director of the Department of resilience and public works shall calculate the
cost of fully restoring the street or sidewalk to the condition in which it is found upon the
filing of such application. The cost shall be calculated on the basis of the following rates:
Clearing and grubbing (removal of sod, shrubs, ground cover plantings, trees
less than 4" diameter, rocks up to 50lbs each, topsoil/gravel surface up to 3"
deep, and other non-structural improvements in the right-of-way) .....
$5.00/square foot ("SF")
Asphalt removal (2" thick average) ..... 5.00/square yard ("SY")
Concrete removal (6" thick average) ..... 3.00/SF
Backfill ..... 15.00/cubic yard ("CY")
Eight -inch limerock base ..... 25.00/SY
City of Miami Page 18 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
Permanent paving (asphalt concrete and rock base) ..... $-Z?7-5 30.00/SY
1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY
sphaltiGG ruen,.rete Superpave asphalt (only) ..... 4-.50 18.00/SF
Stamped/color asphalt concrete (only) ..... 4-88 18.00/SF
Six-inch driveway paving (plain concrete) ..... -&-.W 8.00/SF
Decorative driveway paving (bricks, pavers, stamped/textured/color concrete,
etc.) ..... 8-50. $18.00/SF
Six-inch concrete sidewalk (plain concrete) ..... 2 50- 8.00/SF
Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) .....
8.50/SF
Six-inch reinforced concrete protective slab ..... 0-50 20.00/SF
Eight nh rnnL ham 1z25
Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) .
8-59 15.00/S F
sSod (St. Augustine or Bahia) ..... 4-00 4.50/SY
Oorlino�r
�bt
Curb ..... $10.00 15.00/linear foot ULF")
Valley gutter ..... 12.00 18.00/LF
Curb and gutter ..... 12.00 20.00/LF
Swale trench ..... 35.00 200.00/SY
Swale grading ..... 8.00/SY
Exfiltration trench ..... 70.00 200.00/LF
Solid Pipe up to 24" RCP, HP -PP, or dual wall HDPE with water -tight
150.00/LF
Solid Pipe > 24" .....200.00/LF minimum or at the discretion at of the Director of
Resilience and Public Works
City of Miami Page 19 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
Drainage structure (inlet, manhole, etc.) ..... ,000.00 3,000.00/each
Decorative i"gin pedestrian lightingma_,000.00
Roadway lighting (fixture/pole/mounting )... 12,000.00/each
Street furniture (benches, waste receptacles, bicycle racks, etc.) ..... 500.00/each
(d) Payment of amount of costs for restoration; issuance of permit; time for completion;
consequences of failure to complete street restoration.
(1) Whenever any individual, company, or agency applies for a permit for work requiring
disturbing, cutting into, digging up, drilling, boring under, or excavating exc-av;4AP of a
street, swale, sidewalk, or other public right-of-way, or easement, as required by
subsection (a) of this section, the individual, company, or agency shall deliver to the
director of the department of resilience and public works a bond or surety a 66 n
Oho form of nosh nr r-her-L nr other form ;;s �nnerter! hi the Cin�nne
Department payable to the r•it y in the amount of one and a half of the cost of the
restoration as calculated by the director of the department of resilience and public
works- and shall cli,`rn an aGGer�t@one of the terms of the peFmi4 and th}eFe ir�nn Oho
peFrn eI'�QeNvered t8 applinan the shall then. #—�Qt be Ye, be
aid r07ed t9PFGCeedwith the ` eFk apd- shell ruemplete the samey.githin the time
r,resnrihed by the permit -.-The bond or surety shall be of one of the following types.
a. A site restoration bond written by an approved domestic surety. Except for bonds
for a Wireless Service Provider as defined in Section 337.401(7)(b)(13), Fla. Stat., as
amended, all bonds shall carry the name and address of a local representative, be for
an initial period of one (1) year, and shall be automatically extended in increments of
one (1) year until the permittee and the surety company are notified in writing of the
acceptance of the street restoration and closure of the permit. A site restoration bond
for a Wireless Service Provider shall be time -limited to not more than 18 months after
the construction to which the bond applies is completed and the Department of
Resilience and Public Works shall accept the City's addition to any existing bond,
insurance policy, or other relevant financial instrument without condition except as to
consent to venue for litigation purposes (provided the same provides the required
amount of coverage).
b. Cashier's check. drawn on a local bank. to be returned to the Dermittee on
acceptance of the street restoration and closure of the permit.
C. Irrevocable letter of credit drawn on a local bank, valid for an initial period of one
(1) year, with automatic renewal in increments of one (1) year until the permittee and
the issuing bank are notified in writing of the acceptance of the street restoration and
the closure of the permit.
(2)
F.S. § 255 05'as ameRderl OF Gashier's nheGk OR the arnei FIt of gale times the nest of
reste Fat1eR esnelni deter! i FIder si bsentieR (b) of this sentien The director of the
Department of resilience and public works may establish written rules and procedures
City of Miami Page 20 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
to accept a blanket surety in the form of a bond or letter of credit for cost of the
restoration of the public right-of-way or easement for recurring permit applications for
utility companies and agencies that demonstrate a continuing large volume of permit
applications. Additionally, any such blanket surety shall be subject to periodic review by
the director of the Department of resilience and public works and shall be required to
be adjusted as necessary to sufficiently cover the costs of restoration assessed to each
open permit and permit application.
(3) Upon receipt of the above -referenced surety, payment of the applicable permit fees,
and completion of the appropriate application, the director of the Department of
resilience and public works shall deliver a permit for the work, and shall determine
when the work is to be completed, including restoration of the street, right-of-way or
easement in accordance with the standards and specifications of the department of
resilience and public works. The individual, company, or agency shall thereafter, and
not before, be authorized to proceed with the work and shall complete the same within
the time prescribed by the permit and applicable permit conditions.
(4) Upon proper completion of the work by the permittee, as determined by the director of
the Department of resilience and public works in accordance with the requirements of
this chapter and other applicable codes, including the above restoration, within the time
prescribed by the permit, the director of the Department of resilience and public works
shall cause the amount of the surety to be returned to the person, company or agency
to whom the permit was issued.
(5) In the event that the permitted person, company or agency fails or refuses to
complete the work, including restoration, within the time specified by the permit and/or
applicable permit conditions, all payments, including the above -referenced surety, shall
be deemed forfeited. The director of the Department of resilience and public works
shall then be empowered to cause restoration to be done by contract, or by city forces,
without regard to the status of the work sought to be done under the permit, and all
costs thereof shall be payable by the permitted individual, company, or agency. If the
required amount is not remitted within ten (10) days of written notice by the director of
the Department of resilience and public works to the permitted individual, company, or
agency, the forfeited monies shall be used to complete the work. Any costs in excess
of the available forfeited monies shall constitute and become a lien against the private
real property if owned by said permitted individual, company, or agency, which adjoins
or abuts the street or right-of-way for which the permit was issued. Any forfeited
monies remaining after restoration costs have been paid in full may be returned to the
permittee if the reason for the delay has been due to causes beyond the control of the
permittee. Additionally, the director of the Department of resilience and public works
may administratively establish and enforce written rules and procedures pertaining to
the withholding of the issuance of new eXGavatieR permits to any individual, company,
or agency that fails or refuses to complete the restoration work and obtain from the
Department of resilience and public works dor ;t a final inspection approval within
the term of the previously issued excavation permit(s) to said individuals, company or
agency.
(e) Indemnity, hold harmless, and insurance. It shall be a condition precedent to the issuance
of any such permit that the pliGaRt-/peFFFlitt e shall assume all GiVil liability f„r the
City of Miami Page 21 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
safety ire in offer++ at all times r"iI Iripq the term of the permit applicant agree to
indemnify, defend, and hold harmless the City, its officials, employees, agents, and, if
applicable, its instrumentalities and each of them from and against all loss, cost, penalties,
fines damages, claims of any nature, including expenses and attorneys' fees, and any and
all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to
any property including the City, its instrumentalities, officials, employees, and agents arising
out of or in connection with the performance or non-performance of the services
contemplated by this permit/agreement which is directly or indirectly caused, in whole or in
part, by any act, omission, default, liability, or negligence, whether active or passive, of the
applicant, its employees, agents, servants, or contractors, unless such act or omission is
solely caused by the City, its instrumentalities, officials, employees, and agents. The
applicant further agrees to indemnify, defend, and hold harmless the City, its
instrumentalities, officials, employees, and agents against all liabilities which may be
asserted by an employee or former employee of the applicant, or any of its contractors as
provided above, for which the applicant's liability to such employee or former employee
would otherwise be limited to payments under workers' compensation or similar laws. In
addition, the applicant understands and agrees that except where caused by the
negligence or misconduct of the City, its instrumentalities, officials, employees, or agents,
the City shall not be liable for any loss, injury, or damage to any personal property or
equipment of the applicant, its employees, agents, contractors, business licensees, or
invitees placed on City property, and its instrumentalities, and shall be at the risk of the
applicant thereof. The applicant shall be solely responsible for all activities and the
installation and maintenance of traffic -control devices. The applicant shall ensure that
adequate safety precautions are in effect at all times during the term of the permit. It shall
be a further condition precedent to the issuance of any such permit for work to be
performed in the public right-of-way that the permit holder(s) is/are jointly and severally
responsible, at each permit holder's sole expense, for any damages regarding restoring the
Public right-of-way to its original condition before installation of facilities. The indemnification
shall survive termination of this permit/agreement.
(1) Non -governmental applicants: Prier +e the OSS aRGe of aRy SI Gh permit the FIGR
I NCI IraRGe fer each FIGR geyerNmeFltal applicant IN aR aFnG INt FIGt less tha
the statute and WhiGh shall pFevide that said OR66IFaRGe and aRy Felated maiRteRaRGe and
Ge„eFage(s) er s Ire+„ Prior to the issuance of any such permit, the non -governmental
applicant(s) shall submit to the City a certificate of insurance for each non-
governmental applicant in an amount not less than $1,000,000.00 per occurrence,
$2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to,
premises and operations liability, contingent and contractual exposures, XCU hazards,
City of Miami Page 22 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
personal and advertising injury, products, and completed operations. In addition, the
applicant hereby agrees to provide additional insurance requirements as required by
the City, including but not limited to umbrella liability, or any additional requirements or
endorsements as may be applicable, in connection with the scope of services
contemplated by the permit/agreement. The certificate must reflect primary and
noncontributory language and list the City as an additional insured. The certificate must
also include coverage for all owned, hired, and non -owned vehicles with a combined
single limit of $500,000.00 per accident also listing the City as an additional insured,
and must further afford coverage for workers' compensation including waiver of
subrogation subject to the statutory limits of the State of Florida. The insurance herein
required shall remain in full force and effect during the entire term of the permit.
Additionally, all such insurance for non -governmental applicant(s) shall be subject to
annual review by the City's Risk Management Department and the applicant shall be
required to update as necessary to protect the City as set forth in this Section.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida with the following qualifications:
The company must be rated no less than "A-" as to management and no less than
Class T" as to financial strength by the latest edition of Best's Insurance Guide
Published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the
approval of the City's Department of Risk Management. Companies not meeting the
above rating requirements shall submit proof of reinsurance from qualifying insurers
having or exceeding the required rating criteria.
Certificates of insurance shall contain thirty (30) days as to changes or modifications
with notice to the certificate holder.
(2) Governmental applicants: Prior to the issuance of any permit, the governmental
applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance
for each governmental applicant in accordance with and subject to the limitations as
set forth in F.S. § 768.28.
(3) Additional permit conditions: It shall be a condition precedent to the issuance, to both
governmental and non -governmental applicants, of any permit for work to be
performed in the public right-of-way that the person(s) applying for such permit shall
provide to the city's department of resilience and public works a surety in such
amount(s) and such form(s) aGGeptaRGe acceptable to the director of the Department of
resilience and public works to ensure that such work: (i) complies with applicable
codes, (ii) is conducted and performed in a satisfactory, safe and professional manner,
(iii) pertaining to the public right-of-way is restored or maintained as required by the
circumstances and extent of the work under such permit and any continuing
maintenance and restoration agreement. Furthermore, the permit holders are jointly
and severally responsible, at each permit holder's expense, for any damages resulting
from work performed or conducted under the permit and for any damages regarding
restoring the public right-of-way to its original condition before installation of the
facilities and for any damages regarding continuing maintenance of the public right-of-
way.
(f) Obstruction of the right-of-way. in the event that the peFFnitted iRdiyid al GGFnpa Ry Gr
.A
separate permit shall be required pursuant to Section 54-3 for the permitted individual,
City of Miami Page 23 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
company, or agency to obstruct or temporarily close any portion of the right-of-way. No
person shall be allowed under a permit provided for in this section to excavate, dig up or
obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such
blocks shall be completed and the sidewalk and street pavement shall be placed in as good
condition as existed prior to the work being commenced before such person to whom such
permit has been granted by the city shall be allowed to begin work in a new block.
(g) Supervision by the director of the Department of resilience and public works. All
disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or
sidewalk pavements in the city shall be made under the supervision and direction of the director
of the department of resilience and public works.
Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, paving or
resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk
construction survey, driveway construction, f"HITIG o:XGaVatiGR, utility placement; underground
utility service connection excavation, groundwater monitoring wells; permit renewal; after -the -
fact permit, and inspection/reinspection fees; waiver of fees.
(a) The permit fees to be charged by the Department of resilience and public works
don ;t for right-of-way or street excavation, sidewalk construction or repair, paviRg
el: reassurfa^;nn of parkway er she lder area, roadway/parkway/shoulder area paving or
resurfacing, building line and grade or sidewalk construction survey
driveway construction, f,;p„T�e�cat+en, utility
placement/replacement/repair/removal, underground utility service connection
excavation, groundwater monitoring wells installation/abandonment/reestablishment,
permit renewals, after -the -fact permits and inspections or reinspections, and any other
work that proposes to disturb, cut into, dig up, or excavate any public street, swale, or
sidewalk, whether the same is paved or unpaved, or to cause the same to be done
within the city are hereby fixed as follows, unless the requirement of obtaining a permit
or the imposition of a fee is prohibited by Section 337.401, Fla. Stat., as amended:
(1) A non-refundable application fee of $50.00 and a non-refundable right-of-way
assessment inspection fee of $50.00 shall accompany each permit application to the
Department of Resilience and Public Works to be retained by the City regardless of
action taken in the granting or denial of the permit.
LQ(4� Street eXGavatien Excavation permit:
of�.00.
a. b, 50 lineal feet or less ..... $325.00
b.-c—. Each additional lineal foot ..... 6.50
C. d- DFY FUR Feview r,f plaRs ,rat speGif,^,tiGFIS „PGR Feq- .. Point excavation,
each excavation .....295.00
tir
��n "Real f�eef-e e�cEa��t+e�1 25 n.n
2 tiE)FI �l IIN I feet of atiG i n sir-.
'a' C'1GTPCITTf1T�l�7T�. /�GC�VQC'1cl"�.�.T. L�
(3) q4 Sidewalk repair permit:
City of Miami Page 24 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
a. 50 lineafr feet or less ..... 82.50
b. Each additional lineatr foot ..... 1.65
L4�L{34 Sidewalk construction permit:
a. 50 lineatr feet or less ..... 252.50
b. Each additional lineatr foot ..... 5.05
LqL{4} Paving or resurfacing of travel lanes, parkway, or shoulder area permit:
a. 50 lineatr feet or less ..... 308.50
b. Each additional lineatr foot ..... 6.10
L(L{4�4 Line and grade (curb and putter, sidewalk construction, and driveway approach)
survey permit, innli 1dinn hi i4 nn4 limiter! 4n QIrJo\n,.AIIL nnnc4r, n4inn permit, ac_hi iil4 plan
a. 50 lineatr feet or less ..... 360.00
b. Each additional lineatr foot ..... 7.20
Lak64 Driveway approach construction permit, each driveway ..... 115.00
8) Utility permit:
a. Utilitv Dlacement/replacement/repair/removal (Doles. splice Dits. bore Dits
manholes, handholes, drainage catch basins/inlets, pedestals, vaults, cabinets,
etc.
1. First on a City block ..... $295.00
2. Each additional on same block, same permit .....29.50
b. Underground utility service connection from base building line to the utility located
within the public right-of-way (water, sanitary sewer, gas, electric, telephone, cable
television, communication)
1. Each connection..... 295.00
c. Underground utility installation (watermain, sanitary sewer main, gas main, electric,
telephone, cable television, communication, or stormwater)
1. 50 linear feet or less ..... 325.00
2. Each additional linear foot ..... 6.50
City of Miami Page 25 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
d. Soft dig utility locates, soil borings, soil/asphalt/concrete core samples, or any
other minor point excavations or borings
1. Each location ..... 295.00
e. Groundwater monitoring well
1. Each well ..... 295.00
(9) Dewatering Permit Fees by days:
6 days or less ..... 520.00
7-30 days ..... 625 00.750.00
31-90 days ..... Q8-G9 1,000.00
10) Inspection fees:
a. Stormwater:
1. Stormwater Inspection Dermit fee includes initial inspection. durina the
excavation process and final inspection of a proposed stormwater
management system in the public right of way ... $170.00
2. Pipe/Structure Bedding and Layout ... $160.00
3. SW Svstem Partial Backfill and Compaction $160.00
4. SW System Final - Backfill, Compaction, Interior Mud Work, and Pipe
Lamping $300.00
b. Dewatering:
1. Initial ... $160.00
2. Final ... $160.00
c. NPDES
1. Field Compliance Check (Proactive and Reactive Inspections) - 0.5 up to 1
acre ... $1,000.00
2. Field Compliance Check (Proactive and Reactive Inspections) - 1 acre and
above ...2,000.00
3. Final - 0.5 up to 1 acre ...525.00
4. Final - 1 acre and above ... 750.00
d. Utility (water, gas, electric, telephone, communication, cable television, sanitary
sewer
1. Initial inspection ...$75.00
2. Utility structure placement ... $75.00
3. Utility installation temporary restoration ... $75.00
4. Utility restoration limits determination ...$75.00
5. Utility final restoration ... $225.00
e. Reinspection fees: When additional inspection is required for work previously
inspected and rejected by the Department of Resilience and Public Works, a
reinspection fee will be required for each reinspection: $150.00
(11) 42-) Permit renewal fees prior to expiration and reactivation fees of original permit:
Ninety -day extension of permit fee expiration date ..... 115.00 150.00
City of Miami Page 26 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634
Enactment Number: 13915
A new application and reactivation fee shall be required for expired permits at a
rate of 25 percent of the original permit fee, calculated at based on the current fee
schedule .
(b) Permit fees will be computed only for the primary item of work for which a permit is
required. The fee collected will also cover items of work incidental to the primary item and
all processing and inspection services rendered by the Department of resilience and public
works dep .
(c) Permit fees shall be paid in full upon completion of all reviews and prior to the issuance of
the permit. The director of the Department of resilience and public works may establish
rules and procedures to allow billing for payment of permit fees on a monthly basis for
recurring permit applications for utility companies and government agencies that
demonstrate a continuing large volume of permit applications.
(d) With the exception of non -revenue generating government agencies, such as Miami -Dade
County's Department of Transportation and Public Works, in accordance with Sections 54-
3 and 54-42 of the City Code, all permittees working in the public right-of-way must resolve
all open violations, unpaid fines, and/or unpaid fees in order to apply for or receive any new
permits.
L(L44 Upon receipt of a written request from a non -revenue generating government agency,
such as Miami -Dade County's Department of Transportation and Public Works, -Ppermit
fees under this section may be waived, by the city manager or designee for roadway
improvement projects by the Miar i-Da ea Q-91I ty 1261bliG Works Departm + that are not a
component of, or ancillary to the construction, maintenance, of repair, or restoration of
revenue producing facilities in the public right-of-way.
(f2{e-�This section shall be annually reviewed by the city commission at the time of adoption of
the budget.
*„
Section 6. Chapter 62 of the City Code, titled "Planning and Zoning", is further amended
in the following particulars:'
"CHAPTER 62
PLANNING AND ZONING
ARTICLE II. — COMPREHENSIVE PLANNING
Sec 62-12. Fee for inspections and examinations of plans for compliance with the provisions of
the city zoning ordinance and miscellaneous zoning fees.
(h) Fees for review of legal documents for compliance with zoning and technical requirements
including, but not limited to, unities of title, covenants, releases, and modifications shall be
$75.00 per document.
Department of Resilience and Public Works review .....$275.00
City of Miami Page 27 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023
File ID: 7634 Enactment Number: 13915
ARTICLE VI. —ZONING AND PLANNING FEES
Sec 62-22. Schedule of fees.
(5) Temporary uses and occupancies permits.
c. Interim parking lot permit:
2.Department of resilience and public works review ..... 295 00 525.00
Section 7. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 8. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i " dez, ity ttor iey 7114/202.0 Vyt6ria i dez, ity ttor iey 9/9/2020
1
ryt6ri i dez, ity ttor ey 6/22/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 28 of 28 File ID: 7634 (Revision: 8) Printed on: 8/7/2023