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HomeMy WebLinkAboutLegislation SUBCity of Miami Z44 yi� F Legislation neau earn f ° `° Ordinance: File Number: 7634 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A 4/5THS AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED -ADM INISTRATION/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 n. PROVIDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT - x ("DEPARTMENT") FEES FOR INSPECTIONS AND EXAMINATIONS O�P PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCt NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY) OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND -gin 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 22.5 of the City Code outlines the City's environmentally -friendly initiatives such as the reduction of greenhouse gases by the City's 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 27 File ID: 7&U (Revision:) Printed On: 7/20/2020 Uj ZcoZu v � �a0 Nzo mFDLn N � F- a 0 U. 0 a W a W C m W Lu a ~ oz (Da N IY W SON 7&,34 Lieq i5la-hon­ SUB File ID: 76U Enactment Number: WHEREAS, Chapter 62 of the City Code provides the fee for inspections and 0 examinations of plans by the Department for compliance with the provisions of Ordinance No. z m z 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and 0 a UJ WHEREAS, currently, the fees referenced in Chapter 2, Chapter 22.5, Chapter 54, and � a 0 Chapter 62 of the City Code do not sufficiently cover the average cost of City of Miami ("City") m z H staff to perform the processing of said documents, permits, inspections, and related work; and H E X a 00. LL WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, LA Chapter 54, and Chapter 62 of the City Code to adjust said fees; and z u z LU 2 Q W COw WHEREAS, the changes to fees in this Ordinance are related to and based upon the 5 z actual cost to the City for reviewing and processing the various approvals, permits, and other 0 a regulatory requirements as more specifically provided for herein; and H - W WHEREAS, it is the intention of the City not to construe this Ordinance in such a way so �0 uJ N as to conflict with State law, including, specifically, Section 337.401, Florida Statutes, regarding permissible permit requirements and fees for certain communications providers; and WHEREAS, the additional enhanced civil penalties for violations of these Sections of the City Code are necessary to ensure compliance with the same; 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 1 a* ADMINISTRATION 11 1711 © C7 ARTICLE IV. DEPARTMENTS-c f"rJ n 4- DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT 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 27 Fife ID. 7&U (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: UJ cc Z 0 a Sec. 2-265. Same -Duty to establish minimum standards for public works. D �<0 z in The director of resilience and public works is hereby authorized and directed to m 3 promulgate rules and regulations establishing minimum standards pertaining to the construction, o improvement, repair, maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and a a LL 0 other public highways, sewers-stormwater management system, drains, ditches, culverts, Y in canals, streams, watercourses, seawalls, boulevards, squares and other public places and W a W grounds belonging to the city or dedicated to public use or owned by the city as an easement or 2 CO = any other right of use whatsoever, and to establish, amend, publish and enforce uniform and u a comprehensive minimum standards, plans, drawings, specifications and control of the design, o a construction, development, improvement, repair and location of all public works under his/her W authority, whether on or above or below the surface of the land or water, whether financed or 0 uJ 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 depaFtMeAt include the uermittinci, 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 department and 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 documet#s % allowing the use of public right-of-way by private entities; recording fee. c *TIr 171 O i (b) Except as more specifically described in this Section, F-w for the preparation anor6cesssing' -.2 of legal documents, including, but not limited to, subdivision improvement bonds and:hold =Z harmless agreements, quitclaim deeds with the City as grantor, and any agreemenrclHf6win the use of public right-of-way by private entities, excluding permits, a fee of $2,750.00 2L21800M shall be collected by the director of resilience and public works. !.� csI (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 VII, 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 27 File ID: 7634 (Revislon:) Frinted on: 7/20/2020 File ID: 76U Enactment Number: z CO W O Q � (s) (d) In addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state. N z o � � x Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver Ln O of fee. L o o (a) The fees to be charged by the resilience and public works department for platting W CO W determinations, processing tentative plats, reviewing and processing certain platting 3: exception approvals, and recording plats submitted for approval of the city, including the o z inspection of the permanent reference monuments set in the field, are hereby fixed as a 0 z follows: = o W Ln (1) Platting determination. Platting determination or determination on folio separation .....$695. Da- 8 0.00 (2) Platting exception submittal pursuant to Section 55-10(c) of the City Code ..... 975.00 k2U3 Recording plat. a. To assempany For submittal of tentative plat without closure and vacation/release of one or more right(s)-of-way or easement(s}applieat+eg ..... 1,-609. 903 200.00 rights) -of -way or easement(s) ..... 5,000.00 a bc. For fesubmission resubmittal of tentative plat Whtgn A, for an extension of time ..... 900-002.400.00 -�* o ed. For resubmissien resubmittal of tentative plat by different owner .....900:002.400.00 de. For ran, -hmissie14 resubmittal of tentative plat with new boundary Ahwab closure and vacation/release of one or more riaht(s)-of-wav or easement(s) No •TiATTi 11 111 f. For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more ri4ht(s)-of-way or easement(s) ..... 5,000.00 eg. To accompany final plat when submitted for recording .....2,600-003,700.00 (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 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 Fife ID: 76U Enactment Number: (c) The fees to be charged for an expedited review for processing tentative plats and recording UJ Z m plats submitted for approval of the city, including inspection of the permanent reference W 0 a UJ monuments set in the field, are fixed as follows*: J u t=a0 Nzc Now Final plat review expedite fee (in addition to final plat submittal fee): H a o List of requirements Base fee $250.00 Plus fee per tractflot ..... $100.00 Z a W 2 00 W _ War review Base fee $1000.00 Plus fee per tractflot ..... 5500.00 a 0za 0 0 z * Expedited review is within the sole discretion of the Director of Resilience and Public Works to LAoc W authorize, subject to staff availability. 0 LU (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 .....$624.A9$2,000.00 N r� Recording fee .....*** -+ rr rli Publication fee .....*** -' -,s ^' o n I-rl Vacation and alley closure fee pursuant to subsection 62-156(6) .....Not ? -=� a ! j applicable is r, C7 r- w **" These fees shall be determined contingent upon fees charged by the newspaper arfg Mihftii- Dade County recorder's office at time of publication and recordation. (e) Notwithstanding the above, combined resubmittal, tentativeRlat, and final plat fees 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 platted easement ..... $2,000.00 (g) Fees to be charged pursuant to Subsection 55-150) providing for an alternate method for the closure or vacation of emergency 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. Ger}f #uGtien *larf-Plan masking review fee. City of Miami Page 5 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 Flle ID: 7634 Enactment Number: (a) The fees to be charged by the Department of resilience and public workmen t. for processing and GheGki g-reviewingprivate development seflstrustien-plans submitted for approval of the city are hereby fixed as follows: (1) Fence, wall, slab, or sign .....$50.00 (2) Underground tank permit .....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 peFm#: New multi -family residential (<% acre) .....940.00 New commercial (<% acre) .....1,043.00 New multi -family residential (Z'h acre and <1 acre) .....1,520.00 New commercial (-,-% acre and <1 acre) .....1,650.00 Large development (residential/commercial Z1 acre) .....2,775.00 , N t (5) Subdivision improvement engineering plan ..... 1,800.00 (6) Review and marking of Base Building Line On signed/sealed Boundary Survey ..... 125.00 c a r Cr7 For Planning/Zoning applications ..... 250.00 ' ca cn (7) Underground utility installation ..... 295.00 (8) Underground utility service connection, utility structure placement ..... 75.00 (9) Monitoring wells, soil borings, coring/sampling. utilily locates, minor non -utility excavations ..... 350.00 (10) Building construction/maintenance (scaffolding, crane, dumpster)..... 225.00 01) Right-of-way closure (temporary traffic control, temporary construction fence) ..... 75.00 (12) As -built plan a. Stormwater..... 650.00 b. Line and grade. pavement, sidewalk, curb and gutter ..... 375.00 LLI z W W O U 2 D u Q o z0 Lea ZAo� LAMo zaz W W C m W V Q � z� C (9 z N 2 uw XoLn City of Miami Page 6 of 27 File ID: 7634 (Revislon:) Printed on: 7/2G2020 File ID: 7634 Enactment Number: 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 grade, pavement, sidewalk, curb and gutter ...... 300.00 c. Undemround utilities..... 300.00 d. Aboveground utilities..... 200.00 e. Non-standard improvements (pavers. lighting. irrigation. tree orates. etc. 175.00 rV Cm (b)The fees to be charged by the department of resilience and public works for processigg A reviewing plans for work in the right-of-way that is not related to a private developmedt"" submitted for approval of the city are hereby fixed as follows: �� N o (1) Underground utility installation ..... $295.00 (2) Underground utility service connection, utility structure placement ..... 75.00 1-1 r w (.n (3) Monitorina wells. soil borings, coring/sampling. utilitv locates, minor non -utility, excavations ..... 350.00 4) Street construction (sidewalk reDair, sidewalk construction, curb and gutter, roadwa paving, roadway resurfacing) ..... 195.00 (5) Building construction/maintenance (scaffolding, crane, dumpster) ..... 225.00 (6) Right -of way closure (temporary traffic control, temporary construction fenceY 75.00 (7) As -built plan a. Stormwater..... 650.00 b. Line and grade, pavement, sidewalk, curb and gutter ...... 375.00 c. Undemround utilities ..... 650.00 d. Aboveground utilities..... 375.00 O W ~ m z z _oQ F- U � J N z CO 0 of O a a N � � Y z Q W CO � J U Q z 03 _N cc xO H I. z W U 0 0 H x LL O 0 z W W a z W W H City of Miami Page 7 of 27 File iD: 7634 (Revision:) Printed on: 7/2&2020 File ID: 76U Enactment Number: 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.) ..... 175.00 (bcj 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. N In-house review fee not to exceed four hours: $350.00 ; a VI'rn (QM The fee required under this section may be waived by the director of resilie" an� public works for governmental entities and agencies. nm CD Section 3. Chapter 2/Article X/of the City Code, titled "Administration/Code Enforcem �lt",do 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 OcoW z 62 Sao N z o m Z5 N m � 0 Mo W Q W m LLJ uQ~' z f- a(Dz R W �oN City of Miami Page 6 of 27 File ID: 7&U (Revision:) Printed on: 7/20/2020 File ID: 76U Enectment Number: Unlawful discharge into C_yt UJ z CO W 49-2 of petroleum products $24.0-. 01.000.00 0 S stormwater management system of sanitaFy sewers. 49-3 ! Unlawful discharge of human excreta. 525.00 z 0 Unlawful discharge of wastewater from construction 49-4 excavation into city stormwater management 12:9.0Q1 000.00 0 LL systemseweF. I N 0 49-5 Discharge or dumping of septic tank contents into city 525.W1.000.00 z v z a W stormwater management system u, 2 m = Failure to obtain permit to obstruct street, or sidewalk or 262,601,000.00 minimum u a 0 z -3 impede traffic or failure to pay usage fee. Daily usage fee and 250.00 per day N (? z will be required to be paid in addition to payment of the thereafter = o N applicable penalty 54-3 Failure to comply with conditions set forth by such permit, 262-50250.00 each violation. 54-8 54-8 54-9 54-12 f--- 54-14 54- 41 --- 54-42 54-44 Unlawful use of street or sidewalk for advertising or display purposes. Failure to obtain permit for lawful advertising or display in the public right-of-way. Placing signs on street or sidewalk surface. Placing glass or other injurious substances on streets. 262.50250.00 262A0250.00 262.50250.00 —I 52.50 Failure to remove utility facilities to permit improvement of � 62.50250.00 streets. Failure to notify public works 24 hours prior to Y' commencing construction. i52-50250.00c [*I C— IC Disturbing, cutting, digging or excavating any portion of the public right-of-way without a permit. Failure to construct sidewalk with standard material. 54-47 Idriveway. Failure to obtain approval of location and construction of -- -- T- - _ 1 54-r48 Refusing to allow inspection. 54.48 Failure to comply with stop work order. thereafter w:? r� 52:.0250.00 105,091,000.00 minimum thereafter ` - - I and 250.00 per day j jinereaner J 152,501,000.00 minimum I. 54-51 Failure to obtain proper street grade and lines. I and 250.00 per day J hereafter 54-52 Failure to lay sewers, water and gas mains, telephone an 244=50.00 electrical conduits prior to street improvements. 54-54 Allowing sidewalks to remain in dangerous condition. 162.6 1,000.00 minimum City of liiiarni Page 9 of 27 File 1D: 7634 (Revision:) Printed on: 7/202020 File ID: 7634 Enactment Number i and 250.00 per day thereafter 54-56 Failure to construct, reconstruct or repair the street 1 262-W250.00 I improvements. 54-57 Obstructing streets or sidewalks with trash lumber or other — jobstructions. !62a0250.00 Failure to obtain proper permits or authorization for 1,000.00 minimum 54-86 placement of a bench or a shelter upon public right -of- �62.5 and 250.00 per day E I way. thereafter 54-91 i Failure to maintain proper clearances for placement of a bus bench or shelter. 152.E 1,000.00 minimum and 250.00 per day ; j i i Failure to properly maintain a bench and/or shelter.�5250250.00 � thereafter 54-92 54-93 ~ Failure to comply with bench and/or shelter size 62,601,000.00 minimum requirements. and 250.00 per day I j thereafter j 54 _ I Failure to properly display name/address, and local 52.50 (telephone number of bench and/or shelter company. ! 54-132 Failure to properly affix numbering to building as required. 105.00 Unlawful placement of any sign designating street, avenue —_ 62601,000.00 minimum 54-134 or other public place by a different name than by which it and 250.00 per day is generally and legally known. thereafter t -501,000.00 minimum 54-135 Defacing or removal of any street signs posted in the city. and 250.00 per day jb2Leaft r ,210:001.000.0 in&m Unlawful construction or installation of an encroachment 54-193 1 within the dedicated right-of-way or within the undedicated +and 250.00 per day c_ - right -of --way. ithereafter : CD t i 54-221 I Operating a sidewalk cafe without a permit. 1525.000 - o 54-263 Placing, maintaining, or operating newsrack on any publics -v # 162760250.00 right-of-way without a permit. E; I ;Installation, use and/or maintenance of nonconforming 54-266 ; newsracks. 152<50250.00 I Q' 54268 Allowing a newsrack to remain in a state of abandonment. 52-50250.00 54-300 ( Failure to obtain telecommunications permit agreement. 525.00 Ii52.50 j OW I.- Co Z 0 HJ a Z m :) 2 ao H a H Z u W de C m J v d z c � N � �O f- Z W D U O c Ln x LL O G Z W W a Z W W 0 City of Miami Page 10 of 27 File ID: 7634 (Revislon:) Printed on: 7/20/M020 File ID: 7634 Eneotmerd Number: 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 m z following particulars:' Z Z W O a "CHAPTER 22.5 a 0 z c GREEN INITIATIVES x m O a a LL N O ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST W m LU W GENERATION CONTROL x u a ~ O K Q Sec. 22.5-127. Administrative fee. = o W � N 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 $395-09595.00. 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:' N "CHAPTER 54 =-r� o STREETS AND SIDEWALKS? , o M CD ARTICLE 1. 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, 4uGh-as (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 deyar-tme , the off-street parking department, the risk management department, the neighborhood enhancement team department, and thS tFan6P9FtatiGA Gffir.9 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 the the transit and mobility division, the city manager, or designee, shall City of Miami Page 11 of 27 File 1D: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: 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 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 night -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 behaff and stating the amounts owed. (c) Indemnity, hold harmless and insurance. . �SRJTTIi>r7:LSi7TZT'TIFTST.T!':E11�'TS�T:TT-1I�t�S1�FE111K1i�T WS t Applicant agrees to indemnify, defend, and hold harmless the City, its officials CA) employees, agents, and, if applicable, its instrumentalities, and each of them froMandn 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 anLperson, 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 mrmit/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 z CO Z oZ Uj Sao 'CID, z0 m c� 0 N�0 z Q W c m W U Q � z z H W N City of Miami Page 12 of 27 File ID: 7634 (Revision:) Printed on: 7/2WO20 Fife 10: 76M Enactment Number: OuJ� contractors as provided above, for which the applicant's liability to such employee or former o Z z 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 _J u negligence or misconduct of the City, its instrumentalities, officials, employees, or agents. � z c the City shall not be liable for any loss, injury, or damage to any personal property or m Z5 �n equipment of the applicant, its employees, agents, contractors, business licensees, or o 1— invitees placed on City property and its instrumentalities and shall be at the risk of the ,a a o 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 W Q W ensure that adequate safety_ precautions are in effect at all times during the term of the 00 = permit. It shall be a further condition precedent to the issuance of any such permit for work u z to be performed in the public right-of-way that the permit holder(s) is/are jointly and c t5 a severally responsible, at each permit holder's sole expense, for any damages regarding Ln � W 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-govemmental 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 hGSt liqUGF liability, if . 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 .1,G00,000.90 500,000 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 mquiFed by RoFida statute. The insurance herein require¢ shall remain in full force and effect during the entire term of the permit. Additionally, till 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 upda%sas necessary to protect the city as set forth in this section. All insurance policies required above shall be issued by companies authorized. to dv= business under the laws of the State of Florida with the followinggualifrcationsr w The company must be rated no less than "A-" as to management and no less than Class "V" 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 aualifving 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) Govemment 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 City of Miami Page 13 of 27 File ID: 7634 (Revision:) Printed on: 7rAaO20 File ID: 76U Enactment Number: for each governmental applicant in accordance with and subject to the limitations as o W set forth in F.S. § 768.28. z CO W (d) Temporary obstruction of streets and sidewalks. U D H U D (1) Any permit issued pursuant to this chapter under this section maybe revoked at any _J U N z o time for violation of the terms of the permit. The city manager or his/her designee may CO- revoke this permit with justification. o (2) The permit holder shall not locate a temporary office, trailer, portable toilets, a N D 0 equipment or storage of materials, construction spoils, and/or supplies within the z u z temporary obstructed right-of-way. Such temporary office, trailer, portable toilets, LU 4C m W equipment or storage of materials, construction spoils, and/or supplies may be allowed U a by the Department of resilience and public works deyar#FAe-t subject to a separate fee, z a subsection (e)(554), in addition to the fee for a permit for the partial or full obstruction or E Z closure listed in subsection (e)(443). A violation of this section shall result in a fine of = o W $262.59 $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 $262.59 250.00 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 gestating 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 pic tWes 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:*Oven '- I-' 1 fabric with edge grommets to facilitate attachment to a rigid frame. o f Temporary construction fence is used when contracting or planning to di5nstrue& -� improvements on the premises and which facilitates temporary security an&J*ty%r l i the premises. (6) Subject to compliance by the permit holder with applicable provisions of the On a% 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 City of Miami Page 14 of 27 File ID: 7&U (Revision:) Minted on: 7IM020 File ID: 7634 Enactment Number. Z m W D sign. A violation of this section shall be punishable by a fine of $250.00 per day for F- D U each offense under the provisions of chapter 2, article X of the City Code, and any a o other remedies as provided by law, jointly and severally, including, but not limited to, z a suspension or revocation of a CU, BTR, permit, or any other legal remedy as deemed m F= appropriate by the city. The use of one remedy shall not preclude the use of another. N a a o (e) Fees. Y c (1) A non-refundable fee of $120.00 shall accompany each permit application to the COW police department, to be retained by the city regardless of action taken in the granting a or denial of the permit. o z a (2) An non-refundable application fee of $60-.W $95.00 and a non-refundable initial v W W inspection fee of $50.00 shall accompany each permit application to the Department of 0 v resilience and public works went, to be retained by the city regardless of action taken in the granting or denial of the permit. (3) Fight of way Glesures. Non-refundable plan review fees in accordance with Section 2- 272 of the Citv 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 a. --$8.26 $0.30 per linear foot per day of sidewalk/curb/swale usage. b. — $0.36 $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,,Is apVnded. c.--$0.40 IQ.ALper linear foot per day of lane closure or partial lane closoe AafFic and auxiliary lane usage. kY� All fees shall be paid prior to permit issuance. ^� o � (5) A non-refundable fee for a temporary office, trailer, portable toilets, equint storage of materials, construction spoils, and/or supplies within the partiauful — 0 obstruction area shall be as follows: " F" W a. —$0.10 0.15 r linear foot per day of sidewalk/curb/swale usage. a' b. —$0.4 5 $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 $9-.W $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 15 of 27 File ID: 7634 (Revision:) Printed on: 712CV2020 File 10: 7634 Enactment Number: (7) All fees collected by the Department of resilience and public works, department in LU zz z W accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in �, 5 a rollover account to be known as the lane closure fund. This account shall be used for D a o the Department of Resilience and Public Works for engineering support services, z_ c training, materials, and equipment related to right-of-way closures, and for public right- m H � of -way maintenance and improvements. H o (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) shall may, Q LL H Y c not apply to the city or any other non -revenue generating z u z LU government or school district entity, or while construction, excavation, and repair work CO Uj is being actively performed within the public right-of-way. The fees described in a P subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above may be waived or o z a reduced by the city commission if the commission determines that such a waiver or °i W z cc reduction is in the city's best interest. = o H (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 oall permit fees, application fees and inspection fees as described in subsections5[p)(it through (e)(6) herein. =+ a ram- IM n ARTICLE 11. — CONSTRUCTION, EXCAVATION, AND REPAIR 5;::; s Ili .a. Cn Sec. 54-42. €xravatiens-Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating anv 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 16 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File Ip: 7634 Enactment Number: 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: PQF aFe Foot Clearina and arubbina (removal of sod. shrubs, around cover Dlantinas, 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") P Asphalt removal (2" thick average) ..... 5.00/square yard ("SY") Concrete removal (6" thick average) ..... 3.00/SF < Backfill ..... 15.00/cubic yard ("CY") m Eight -inch limerock base ..... 25.00/SY r C7 ra, z m w u � u �Qo H z c CO3 N Now Q a O H W Q W CO w U Q ~ z o tD z H R w 0 H City of Miami Page 17 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 76U Enactment Number: Permanent paving (asphalt concrete and rock base) ..... $-2.75 30.00/SY z z W O 1" Milling and resurfacing (Suaerpave asphalt) ..... 14.50/SY U � a o Asphaltic-selasrete Superpave asphalt (only) ..... 44918.00/SF N z 0 Now Stamped/color asphalt concrete (only) ..... 4-0918.00/SF N o Six-inch driveway paving (plain concrete) ..... 5-A9 8.00/SF W W Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, m . = etc.) ..... 849 18.00/SF o z a 0 r,9 z Six-inch concrete sidewalk (plain concrete) ..... 2.59- 8.00/SF it W �0N Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ..... j8.50/SF Six-inch reinforced concrete protective slab ..... 349 20.00/SF Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ..... 8-5915.00/linear foot ("LF") sa od (St. Augustine or Bahia) ..... 440 4.50/SY OTT a�. 3 � Curb ..... $10.00 15.00/LF ; rn C Valley gutter ..... 1?A918.00/LF M n N '*tom O rn Curb and gutter .....1?A9 20.00/LF Swale trench ..... 35-AA-200.00/SY r C7 C.3 Swale grading...., 8.00/SY -'" Q' Exfiltration trench ..... 74-AA-200.00/LF Solid Pipe up to 24" RCP. HP -PP, or dual wall HDPE with water -tight joints ..... 1.500.00/LF Solid Pipe > 24" .....200.00/LF minimum or at the discretion at of the Director of Public Works City of Miami Page 18 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number. MrIm... . Drainage structure (inlet, manhole, etc.) ..... 2,900.GQ 3,000.00/each Decorative +Ilurriinatien pedestrian lighting _(fixture/pole/mounting) ..... 56,000.00 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 pplies for a permit for work requiring disturbing, cutting into, digging up, drilling, boring under, or excavating exGayatien 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-sei+r� 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 work and shall sign an aGmptaRGe of the terms Gf the permit, and thereupon the permit shall be delivered to the appliGant who shall thereafter, and AGt before -,be 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 insurance policy, or other relevant financial instrument without condition except aslo consent to venue for litigation purposes (provided the same provides the reg!41ed amount of coverage). �; Q, 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) PSFM The director of the Department of resilience and public works may establish written rules and procedures 0 W z m 0 H H H N m N Q N z CW G U 0 a N z U J Q _z it 0 a ]d U Q m J Q z a Ix 0 1= z W U 0 a N x LL 0 a z W W H H a z W W N City of Miami Page 19 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: UJ to accept a blanket surety in the form of a bond or letter of credit for cost of the o M W restoration of the public right-of-way or easement for recurring permit applications for a utility companies and agencies that demonstrate a continuing large volume of permit D -J u applications. Additionally, any such blanket surety shall be subject to periodic review by Z o 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 o open permit and permit application. N a o (3) Upon receipt of the above -referenced surety, payment of the applicable permit fees, u z and completion of the appropriate application, the director of the Department of UJ m W 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 o Z a easement in accordance with the standards and specifications of the department of c 3 Z resilience and public works. The individual. company, or agency shall thereafter, and = o N 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, sVd costs thereof shall be payable by the permitted individual, company, or agency. Ifne required amount is not remitted within ten (10) days of written notice by the_dltect& of 75 the Department of resilience and public works to the permitted individual, cgmpaiW orrn agency, the forfeited monies shall be used to complete the work. Any cost�;iri;exe6ss of the available forfeited monies shall constitute and become a lien against -the prate, 1 real property if owned by said permitted individual, company, or agency, %"th a ins--- or abuts the street or right-of-way for which the permit was issued. Any forbeited � I-r' monies remaining after restoration costs have been paid in full may be returned t6theCD permittee if the reason for the delay has been due to causes beyond the colitfol rhe 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 exsayatien-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 department 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 h2rMI&RS; fa City of Miami Page 20 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File Ip: 7634 Enactment Number: on the paFt of the Gity, its egGials OF employees. The applirant shall inswe that adeq safety PFeGaWeRs aFe in eft-a-t- at all times dwing the term.. of the pe *.- 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 emo_loyees, or agents, the City shall not be liable for any loss, iniurv, or damage to any personallaroperty 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 responsbe 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. Lt_shWllI be a further condition precedent to the issuance of any such permit for work to be w performed in the public right-of-way that the permit holder(s) is/are jointly and seyg,('_, Ily shall survive termination of this Permit/agreement. (1) Non-govemmenfal applicants: .� r the dty's Fisk management depaFtment and the appliGant shall be FequwFed to update as Prior to the issuance of any such permit, the non-govemmental applicant(s) shall submit to the City a certificate of insurance for each non- govemmental 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, z CO Z z LU 5 2 D J U N z a mc�N Now a LL 0 he a ~ U z W Q W CO W U Q ~ ova Or W SON City of Miami Pays 21 of 27 File 1D: 7&U (Revislon:) P►inted on: 7/20/2020 File ID: 7SU Enactment Number: Z Co z personal and advertising injury, products, and completed operations. In addition, the O z UJ UJ 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 a o endorsements as may be applicable, in connection with the scope of services 'CIO, z in contemplated � the permit/agreement. The certificate must reflect primary and � Z5 noncontributory Ian o guage and list the City as an additional insured. The certificate must �' LL also include coverage for all owned, hired, and non -owned vehicles with a combined _N o single limit of $500,000.00 per accident also listing the City as an additional insured, u z and must further afford coverage for worker's compensation including waiver of W m W subrogation subject to the statutory limits of the State of Florida. The insurance herein J x required shall remain in full force and effect during the entire term of the permit. z Additionally, all such insurance for non-govemmental applicant(s) shall be subject to o K Z annual review by the Ctty's Risk Management Department and the applicant shall be = R Ui W required to update as necessary to protect the City as set forth in this Section. N All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-n as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company. Oldwick New Jersey, or its equivalent subject to the having or exceeding the required rating criteria c Zt Certificates of insurance shall contain thirty (30) days as to changes or motigvj 6 �`I with notice to the certificate holder. (2) Govemmental applicants: Prior to the issuance of any permit, the goverroir�ntai applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance CD for each govemmental applicant in accordance with and subject to the limitiWon&$s set forth in F.S. § 768.28. (3) Additional permit conditions: It shall be a condition precedent to the issuance, to both govemmental and non-govemmental 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) asseptanse 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. , A separate permit shall be required pursuant to Section 54-3 for the permitted individual, City of Miami Page 22 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 70U Enactment Number: company or agency to obstruct or temporarily close any portion of the right-of-way. No o m z person shall be allowed under a permit provided for in this section to excavate, dig up or o a 2 obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such J U blocks shall be completed and the sidewalk and street pavement shall be placed in as good t= a O condition as existed prior to the work being commenced before such person to whom such m z N permit has been granted by the city shall be allowed to begin work in a new block. = X 0 (g) Supervision by the director of the Department of resilience and public works. All N a o disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or x c sidewalk pavements in the city shall be made under the supervision and direction of the director W a W UJ of the department of resilience and public works. CO. = U Q ~ • * • • O Z Q c 0 Z N d' W a &A 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, , 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 department for right-of-way or street excavation, sidewalk construction or repair, paying roadway/parkway/shoulder area paving or resurfacing, building line and grade or sidewalk construction survey sidewalk ssRStFUGUOR, driveway construction, utility placement/replacement/repair/removal, underground utility service connection excavation, groundwater monitoring wells installation/abandonment/reestablishment, permit renewals, after -the -fact permitL aAd 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 Citv regardless of action taken in the granting or denial of the permit. Q{-I�) Excavation permit: co C_ -V a. b-. 50 lineal feet or less ..... $325.00 .;�-; r- fTl o� ry C-) b.-cx- Each additional lineal foot ..... 6.50 c. :Point exctio� m each excavation .....295.00 --� r CD ca (2) Sidewalk repair permit: city of Miami Page 23 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: a. 50 lineatr feet or less ..... 82.50 Z CO W b. Each additional lineatr foot ..... 1.65 0 ��} Sidewalk construction permit: a 0 a. 50 lineatr feet or less ..... 252.50 �zO m b. Each additional lineatr foot ..... 5.05 OW a o LA. L�L{43 Paving or resurfacing of travel lanes, parkway, or shoulder area permit: `=' Y 0 a. 50 lineatr feet or less ..... 308.50 m Ui b. Each additional lineatr foot ..... 6.10 Ui a � &h(5) Line and grade (curb and gutter, sidewalk construction, and driveway approach) u z c z suicvey-permit, oC u,i 0 N feW@W= H a. 50 lineatr feet or less ..... 360.00 b. Each additional linear foot ..... 7.20 1 N 7 LLE�}Driveway approach construction permit, each driveway 115.00 C rn tv C7 ..... 295.00 M v M (8) Utility plaGeFneRtpeFmOt (peles, 6p!*Ge pits, manholes, hand holes, GCD .. pedestals, vaults, and augel: Wes) GOowi .....295 ..... (8) Utility permit: a. Utility placement/reDlacement/repair/removal (poles, splice pits, bore pits, manholes, hndholes, 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, pas, 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 24 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: 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 SM (9) Dewatering Permit Fees by days: 6 days or less ..... 520.00 +Fri 7-30 days ..... 635:00-750.00= 31-90 days ..... 960.001,000.00 � (10) Inspection fees: a. Stormwater: 1. Stormwater Inspection permit fee includes initial inspection, during 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 System 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 N N r-- N O -v s r ca Cn 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. aas. 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 reinsgection fee will be required for each reinspection: $150.00 (11) {i-2) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date ..... 115-00 150.00 UJ z COUi 2 D U Sao za coal a U. 0 tie W Q W C m W LU a ~ Z C7 z R W �oN City of Miami Pegs 25 of 27 File ID: 7634 (Revision:) Printed on: 712012020 File ID: 7634 Enactment Number: A new application and reactivation fee shall be required for expired permits at a Late 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 dam. (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 ep rmits. ieL�4) 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, 1permit fees under this section may be waived, by the city manager or designee for roadway improvement projects 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. ft(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 jWnerAed in the following particulars:' "CHAPTER 62 oz N C7 PLANNING AND ZONING _qrn ARTICLE Il. — 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 Z Z W a u I-z� a O LL Ln a O Z Q W C m W V Z ~ z� cc�Z � oN City of Miami Page 26 of 27 File ID: 7&U (Revision:) Printed on: 712012020 File iD: 7634 Enactment Number: W i— ARTICLE VI. — ZONING AND PLANNING FEES z Z W O * * * * U D Q 0 Sec 62-22. Schedule of fees. m H (5) Temporary uses and occupancies permits. H o � c. Interim parking lot permit: Q U. H Y c 2.Department of resilience and public works review ..... 295.90 525.00 W Q W C m W G = Section 7. If any section, part of section, paragraph, clause, phrase, or word of this H W uZ, Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. W � H Section 8. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.z r c-- C:) —; N " C-: r- •• r7w rj 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 27 of 27 File ID: 7634 (Revision:) Printed on: 712012020 City of Miami p i - - Legislation Ordinance: File Number: 7634 City Hall 3500 Pan American D Miami, FL 33113 Final Ao ion Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A 4/5T AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE IV/DI ION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AME ED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMEN / RESILIENCE AND PUBLIC WORKS DEPARTMENT", CH TER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TI ED "ADMINISTRATION/CODE ENFORCEMENT/SCHED E OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE ITY CODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATER Y SEDIMENTATION, AND AIRBORNE DUST GENERATION CONT L", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND S EWALKS", AND CHAPTER 62/ARTICLE II/SECTION 62-12 F THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHE IVE PLANNING/FEE," BY PROVIDING FOR RESILIENCE AND P BLIC WORKS DEPARTMENT ("DEPARTMENT") FEES FOR INSP TIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH E PROVISIONS OF ORDINANCE NO. 13114, AS AMENDED, TH ONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; BY PR (DING FOR BOTH NEW AND ADJUSTED DEPARTMENT ES RELATED TO THE PROCESSING AND RECORDATION OF TS, STORMWATER POLLUTION PREVENTION PLANS, GHT-OF-WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCES G OF DEEDS OF DEDICATION AND QUITCLAIM DEED , AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUM TS CONDUCTED BY THE DEPARTMENT; PROVIDING F STANDARDS FOR INSURANCE COVERAGE AND INDEMNITY APPLICANTS IN CONNECTION WITH SUCH PERMITS; FURTHER OVIDING FOR ENHANCED PENALTIES PURSUANT TO SECTIO 62.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL VIOLA NS RELATED TO THE PUBLIC RIGHT-OF-WAY; CON INING A SEVERABILITY CLAUSE; PROVIDING FOR AN EF CTIVE DATE. SPONNftDR(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as of/hended ("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 City of Miami Pagel of 27 File ID: 7634 (Revision:) Printed On: 7/23/2020 0 W H D of m N File ID: 7634 Enactment Number: WHEREAS, Chapter 22.5 of the City Code outlines the City's environmentally-frie ly initiatives such as the reduction of greenhouse gases by the City's vehicular fleet, purc se of environmentally preferable products, and construction and de/City nt requirement uch as W soil erosion, dust control, and Florida -friendly fertilizer usage; n WHEREAS, Chapter 54 of the City Code provides thedule for t processing of right-of-way permits; and WHEREAS, Chapter 62 of the City Code provides thensp ions and N examinations of plans by the Department for compliance with is' ns of Ordinance No. Im 13114, the Zoning Ordinance of the City of Miami, Florida, as ("Miami 21 Code"); and WHEREAS, currently, the fees referenced in Chapter ter 22.5, Chapter 54, and Chapter 62 of the City Code do not sufficiently cover the averof City of Miami ("City") staff to perform the processing of said documents, permits, ins, and related work; and WHEREAS, it is in the best interest of the City to ary(end Chapter 2, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code to adjust sgrd fees; and WHEREAS, the changes to fees in this Ordi ce are related to and based upon the actual cost to the City for reviewing and processin a various approvals, permits, and other regulatory requirements as more s/fieeor ro ed for herein; and WHEREAS, it is the intentionot to construe this Ordinance in such a way so as to conflict with State law, includially, Section 337.401, Florida Statutes, regarding permissible permit requirements acertain communications providers; and WHEREAS, the additional ivil penalties for violations of these Sections of the City Code are necessary to ensuree with the same; and WHEREAS, the City Co mission finds that all new and adjusted fees in this Ordinance are reasonable and commen rate with the direct and actual cost of the regulatory activities described herein, including ' suing and processing permits, plans reviews, physical inspections, direct administrative cost and similar work; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section . The recitals and findings contained in the Preamble to this Ordinance are adopted by re The and incorporated as if fully set forth in this Section. S ion 2. Chapter 2/Article IV/Division 4 of the City Code, titled "Admini ation/Departments/Resilience and Public Works Department", is further amended in the fo wing particulars:' "CHAPTER 2 ADMINISTRATION ' 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 27 File ID: 7634 (Revision:) Printed on: 7/23(2020 File ID: 7634 Enactment Number: ARTICLE IV. DEPARTMENTS DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTME Sec. 2-265. Same -Duty to establish minimum standards for public The director of resilience and public works is hereby authoriz and directed to promulgate rules and regulations establishing minimum standards ertaining to the construction, improvement, repair, maintenance of streets, sidewalks, alleys, I es, bridges, viaducts and other public highways, sewers stormwater management s ste ,drains, ditches, culverts, canals, streams, watercourses, seawalls, boulevards, square/and other public places and grounds belonging to the city or dedicated to public use or ned by the city as an easement or any other right of use whatsoever, and to establish, ame , publish and enforce uniform and comprehensive minimum standards, plans, drawings, ecifications and control of the design, construction, development, improvement, repair and cation of all public works under his/her authority, whether on or above or below the surfa f the land or water, whether financed or constructed by any federal or state political subdi sion or private person, firm or corporation. Sec. 2-266. Functions of The functions of the De artment of resilience and public works depaFtmepA shall include the permitting, oversight, iny(carniedo agementl and supervision of all public works, including those public works projects he public right-of-way, right-of-way permitting, transit and mobility functions, and functions heretofore a part of the department of engineering and the divisiondges and sewers heretofore a part of the department of public service. These funies are hereby transferred to the Department of resilience and public worksd shall be carried on by such department. Sec. 2-268. Fee for allowing the use iaration of documents containing covenants to run with the land, right- ds, quitclaim deeds, waiver of fee; fee for preparation of documents blic right-of-way by private entities; recording fee. (b) ExceptAs mores specifically described in this Section i=eF for the preparation and processing of legal p6cuments, including, but not limited to, subdivision improvement bonds and hold harm) s agreements, quitclaim deeds with the Ci!y as grantor, and any agreement allowing the use 9f public right-of-way by private entities, excluding permits, a fee of $2,750.00 $2,800.00 shiA be collected by the director of resilience and public works. follows: City of Miami Page 3 of 27 File ID: 7634 (Revision:) Printed on: 712312020 File ID: 7634 Enactment Number: 0A the County or State road system ... $0.00 2. All other Properties ... 1,125.00 {s) (d) In addition to the above fees, the party proffering the legal document shall a o pay the recording fee, as established by the state. Sec. 2-269. Checking and recording plats and alley closures or vacations-F schedule; waiver of fee. (a) The fees to be charged by the resilience and public works dep ment for platting determinations, processing tentative plats, reviewingand proofssing certain Platting exception approvals, and recording plats submitted for appr al of the city, including the inspection of the permanent reference monuments set in a field, are hereby fixed as follows: (1) Platting determination. Platting determinatiozion55-1 termination on folio separation .....$696. DO- 50.00 2 Plattingexception submittal pursuant to S 0 c ofthe City Code ..... 975.00 M 3 Recording plat. a. To assenpany For submi /oftentative plat without closure and .....1,,800.9031200.00 (ad. For rn+ssien resubmittal of tentative plat when submfted far mneKlipff for arAxtension of time ..... 900.002.400.00 /.For fesubmissien resubmittal of tentative plat by different owner 0:002.400.00 df. For resubmission resubmittal of tentative plat with new boundary without closure and vacation/release of one or more riaht(s)-of-way or easement(s) .....900.093.200.00 fg For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more right(s)-of-way or easement(s) ..... $.000.00 City of Miami Page 4 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 eh. To accompany final plat when submitted for recording .... (344) Extending subdivision improvement time limit. For each time limit extensiolfgranted Q for completion of subdivision improvements required in c/rmanent a re ded plat W .....295.00 1-- or, five percent 5( %) of the subdivision improvement bonever. is greater. (b) The processing fees required by subsection (a) may be waivental entities and E"' agencies. (c) The fees to be charged for an expedited review for processints and recording D plats submitted for approval of the city, including inspection of theference monuments set in the field, are fixed as follows: Outside source review fee: Actual cost plus 20 percent admirrAtrative fee for processing. (d) Fees to be charged pursuant to subsections 55-15(i) d 55-150) providing for an alternative method for the closure or vacation of alleys which abut arcels of land zoned solely residential. Application fee .....$52�AA$2.000.00 Recording fee .....*** Publication fee .....'* Vacation and alley closure fee pursua o subsection 62-156(6) .....Not applicable *** These fees shall be determin contingent upon fees charged by the newspaper and Miami - Dade County recorder's office time of publication and recordation. 2-272. GenstFustieRigan-Plan rheskthg review fee. (a) The fees to be charged by the Department of resilience and public works depa#e►ent for processing and-heski-n-g-reviewing private development senstFustiee-plans submitted for approval of the city are hereby fixed as follows: City of Miami Page 5 of 27 File ID: 7634 (Revision:) Printed on: 712312020 (1) Fence, wall, slab, or sign .....$50.00 / o (2) Underground tank .....155.00 W (3) Single-family or duplex residential construction, reconstruction, remo ing, renovation, repair, or addition wit .....268.00 (4) Multi -family residential and all nonresidential construction, reco ruction, (A remodeling, renovation, repair, or addition pefm#: CO M New multi -family residential (<% acre) .....940.00 (A New commercial (<'/Z acre) .....1,043.00 New multi -family residential (2t% acre and <1 acre) .... (,520.00 New commercial (W/z acre and <1 acre) .....1,650. Large development (residential1commercial >_ 75.00 a. Stormwater..... 650.00 ) .....2,775.00 b. Line and grade, pavement, sidewalk, curb and gutter.....375.00 c. Underground utilities .....650.00 d. Above ground utilities..... 375.00 City of Miami Page 6 of 27 File ID: 7634 (Revision:) Printed on: 7/23(2020 File ID: 7634 Enactment e. Non-standard improvements (pavers, lighting, irrigation, tree grates, o etc.) ..... 350.00 L LI (13) Dry Run plan a. Stormwater..... 300.00 �•• cI'f b. Line and grade,pavement,sidewalk curb and gutter 00 CO D c. Underground utilities ..... 300.00 N d. Aboveground utilities..... 200.00 175.00 (b)The fees to be charged by the department of resilience an public works for processing and reviewing plans for work in the right-of-way that is not relats: to a private development submitted for approval of the city are hereby fixed as follo excavations ..... 350.00 it 75.00 (7) As -built plan d. Aboveground utilities..... 375.00 e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) ..... 350.00 (8) Dry Run plan City of Miami Page 7 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 a. Stormwater ..... 300.00 b. Line and grade, pavement, sidewalk, curb and gutter ...... 300.00 c. Underground utilities ..... 300.00 d. Aboveground utilities ..... 200.00 175.00 (bc, Expedited plan review service for special projects. A "speci project" is defined as a project having a development order, or any other project as d rmined by the city manager, or designee, as having special interest to the/bde a services will cover the resilience and public works department expedited reviehall be in addition to any and all other applicable permit fees. Outside source reviewhe preferred method. Outside source review fee: Actual cost plus 15 *Fifteen percent is the administrative fee to cp6er the cost of processing. In-house review fee not to exceed four hjMrs: $350.00 (GM The fee required under this section ay be waived by the director of resilience and public works for governmental entitiesfind agencies. Section 3. Chapter 2/Article X/ofye City Code, titled "Administration/Code Enforcement", is further amended in the followino Aarticulars: RTICLE X — CODE ENFORCEMENT Sec. 2-829. Schedu of civil penalties. CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Code Description of Violation Civil Penalty Sec n _2 Unlawful discharge of petroleum products into City $8 AA1 000.00 stormwater management systeM OF-sanitaFy sewers. 49-3 Unlawful discharge of human excreta. 525.00 49-4 Unlawful discharge of wastewater from construction 20..gg1,000.00 excavation into city stormwater management City of Miami Page 8 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: syste nsewe - 16-ischarge o-r­dumping o-f -septic tankcontentsinto city. - ! 1- i4 9-5 1 stormwater management system GFsan" sew 626 GD1 _,000.00 Z 'Failure to obtain permit to obstruct street, or sidewalk or 262.691000 54-3 impede traffic or failure to pay usage fee. Daily usage fee minimum v and 250.0 er day will be required to be paid in addition to payment of the thereafte applicable penalty 154-3 Failure to comply with conditions set forth- by suchpermit, !each 50-00 violation. ,54-8 Unlawful use of street or sidewalk for advertising or 50.00 display purposes. 54-8 Failure to obtain permit for lawful advertising or display 262-.60250.00 the public right-of-way. 154-9 Placing signs on street or sidewalk surface. 54-12 Placing glass or other injurious substances on eats. 52-50 154-14 Failure to remove utility facilities to permit im ovement of 2-.W250.00 i streets. 54-41 F_ Failure to notify public works 24 hours r to ;commencing construction. �258250.00 21O.W1.000.00 minimum 54-42 cutting, digging or ex ating any portion of !the public right-of-way without ermit. and 250.00 per day thereafte 54-44 Failure to construct sidewal ith standard material. 7462-60250.00 54-47 'Failure to obtain approv f location and construction of 62-60250-00 driveway. 105,001,000.00 minimum 154-48 Refusing to allow' spection. and 250.00 per day thereafter 210,001,000.00 minimum 54-48 Failure to ply with stop work order, and 250.00 Per day thereafter 62.6 1,000.00 minimum 54-51 Fail a to obtain proper street grade and lines. and 250.00 per day thereafter ailure to lay sewers, water and gas mains, telephone and ' 54-52 ,electrical conduits prior to street improvements. 240,00250.00 — ------------ 52.5 1,000.00 minimum 154 !Allowing sidewalks to remain in dangerous condition. and 250.00 per day thereafter 54-56 Failure to construct, reconstruct, or repair the street 262-450250.00 improvements. 54-57 Obstructing streets or sidewalks with trash lumber or other 152M250.00 City of Miami Page 9 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: obstructions. ! Failure to obtain proper permits or authorization for 54-86 placement of a bench or a shelter upon public right-of- j way. jFailure to maintain proper clearances for placement of a 91 1 bus bench or shelter. I 1 54-92 Failure to properly maintain a bench and/or shelter. 54-93 j Failure to comply with bench and/or shelter size requirements. - Failure to properly display name/address, and locVired. 5494 1telephone number of bench and/or shelter compa 54-132 Failure to properly affix numbering to building as IUnlawful placement of any sign designating st , avenue 54-134 4 or other public place by a different name than which it is generally and legally known. 54-135 Defacing or removal of any street signs osted in the city. Unlawful construction or it 54-193 Iwithin the dedicated right right-of-way. ' 154-221 TO—Pratin a sidewalk cafe _ _ 54-263 i Placing, maintaining, or I right-of-way without a err "of an encroachment within the undedicated hout a permit. sting newsrack on any public 52.50 105.00 62.6 1,000.00 minimum and 250.00 Per day thereafter thereafter 210,001,000.00 minimum and 250.00 per day thereafter 525.00 52.58250.00 Installation, use an r maintenance of nonconforming 54-266 g250.00 newsracks.-- -- -- j 54-268 Allowing a 1 54-300 ! Failure to i ack to remain in a state of abandonment. 5�50250.00 telecommunications permit agreement. j525.0 - 525A *H ?ction 4. Chapter 22.5/Article VI of the City Code, titled "Green Initiatives/Soil Erosion, ( Sedimentation, and Airborne Dust Generation Control", is further amended in the particulars:' "CHAPTER 22.5 GREEN INITIATIVES Vf m D Vf City of Miami Page 10 of 27 File ID: 7634 (Revision:) Printed on: 712312020 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 oning, planning, building, or demolition permit for a construction project which will disturb 0 acres or more of soil, the applicant shall pay the city a stormwater utility fee of $39Versystems. 00. All fees and fines generated as a result of this article shall be deposited into the stoutility fee account in the general fund for the stormwater management system and shd to administer this program and to further the city's efforts prevent pollution of storm Section 5. Chapter 54 of the City Code, titled "Stre s and Sidewalks", is further amended in the following particulars:' "CHAPTER 4 STREETS AND IDEWALKS ARTICLE I. IN GENERAL Sec. 54-3. Permit required for wor that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees. (a) Scope. No person sha erform or conduct any work in the public right-of-way,-suGh-as an work includin bot not limited to, digging, drilling, repaving, installing or maintaining utilities, etc.), whichdbstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any o er part of the public right-of-way in this city, or which impedes the general movemipfit of vehicular or pedestrian traffic, without first having obtained a permit approved by tV police department, the Department of resilience and public works �, a off-street parking department, the risk management department, the neighborhg6d enhancement team department, and the Vanspofttien efte the transit and mobilitv dfvision. After approval by the departments of police, resilience and public works, off-str parking, risk management, neighborhood enhancement team and " the transit and mobility division, the city manager, or designee, shall iss a permit. No person shall apply for a permit to perform or conduct work in the public t-of-way without disclosing in writing on the permit application form the person(s) on hose 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 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 City o/ Miami Page I I of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Numb application and/or to fulfill all city requirements for issuance of the permit shall result i 1) immediate revocation by the city, without the necessity of any further action, hearin or proceeding, of any permit previously granted resulting in such permit becoming n and void, or (2) issuance by the city of a written notice that such permit will not be gr ted, as the case may be, due to violation of this provision by the person(s) who appli or such permit. The city shall have the right to take all legal measures and seek all a ilable Q remedies to enforce this disclosure provision. Except for applications for p its by non- W g g revenue generatinovernment entities, no person(s) or those performi the work on behalf of any other person(s) may apply for a permit if the person(s) or ose performing the 3 work on their behalf currently owe outstanding fines, debts, or delinq ncies to the city related to prior permits issued by the department of resilience and blic works, or due to i performing un-permitted work in the public right-of-way. If such o standing fines, debts, or �... delinquencies are owed by those performing the work on behal f another, then the denial of the ability to apply for and/or receive a permit shall be acc panied by a notice, mailed CO to the person(s) applying for the permit, notifying them of th outstanding fines owed by D those attempting to perform the work on their behalf and ting the amounts owed. N (c) Indemnity, hold harmless and insurance. it shall be pFeGede t to the issuaRGe rk 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 Cily 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 City of Miami Page 12 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Enactment Number: installation and maintenance of traffic -control devices, if applicable. The applicant shall of indemnification shall survive termination of this permittagreement. (1) Non-govemmental applicant(s). Prior to the issuance of any such rmit, the non- govemmental applicant(s) shall submit to the city a certificate of in rance for each non-govemmental applicant in an amount not less than $1,000, 0.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, inc ing, but not limited to, premises and operations liability, contingent and contractua xposures, XCU hazards, personal and advertising injury, and products and comple operations, and host liability, of . In addition, the applicant hereby a es to provide additional insurance requirements as reouired by the City, inclu ' g but not limited to umbrella liability, or any additional requirements or endorsem is as may be applicable, in connection with the scope of services contemplat by the permit/agreement. The certificate must reflect primary and noncontribu language and list the city as an additional insured. The certificate must also i ude coverage for all owned, hired, and non -owned vehicles with a combined single mit of $1 ,000,000. 500,000 per accident, also listing the city as an additio I insured, and must further afford coverage for worker's compensation including wa' er of subro ation subject to the statutory limits of the State of Florida . The insurance herein required shall remain in full force and effect ring the entire term of the permit. Additionally, all such insurance for non-governme al applicant(s) shall be subject to annual review by the city's risk management dep ment and the applicant shall be required to update as necessary to protect the city set forth in this section. up a (2V Government applicant(s). Prior to the issuance of any such permit, the govemmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each govemmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28. 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. 0 W m City of Miami Page 13 of 27 Fife ID: 7634 (Revision:) Printed on: 7/23/2020 (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 toile equipment or storage of materials, construction spoils, and/or supplies may allowed by the Department of resilience and public works departt nt subject to all s arate fee, subsection (e)(54), in addition to the fee for a permit for the partial or full struction or closure listed in subsection (e)(43). A violation of this section shall resu in a fine of $262-68 $250.00 per day for each violation. 0 (3) If the dimensions of the obstruction exceed the dimensions allow by the permit, the W permittee and the building owner shall jointly be assessed a fine ual to $262.50 250.00 per day for each violation, plus any appropriate additi al fees for the obstruction. (4) The permittee must provide a construction staging plan owing the location of lifting equipment, if applicable, ingress and exit points, and a ' ned and sealed statement from a State of Florida registered professional engine in thestat—estating that no other CO suitable, onsite alternative exists. (5) For purposes of this section, the following defini ' ns shall apply: Vf Construction fence screen is a light, flexib fabric bearing printed text and pictures to give information and with edge grommets facilitate attachment to a rigid frame. Construction windscreen is a visual/d t barrier composed of a flexible, woven fabric with edge grommets to facilitate a chment to a rigid frame. Temporary construction fence is ed when contracting or planning to construct improvements on the premises and hich facilitates temporary security and surety for the premises. (6) Subject to compliance by the rmit holder with applicable provisions of the sign codes of Miami -Dade Coun nd the city, the permit holder may affix a construction fence screen or constructio windscreen containing onsite advertising to the temporary construction fence abutti or located in the public right-of-way subject to an additional fee listed in subsection )(6). The dimensions of the construction fence screen or construction windscr n shall not exceed the dimensions of the temporary construction fence, and shall co ly with section 33-99 of the Miami -Dade County Code. The content of the on ' e advertising shall be limited to pictorial and text information advertising the le or rental of the premises, construction actually being done on the premises, or ure construction to be done on the premises on which the onsite advertising ' located. For purposes of this section, such advertising described in the preceding entence shall only be onsite advertising. No advertising is allowed for goods, -site products or services, alcoholic beverages, tobacco products or adult entert ment as defined by the city zoning code. Nothing in this section shall be inte eted to permit a sign where the sign copy does not pertain to the use of the pr erty, units sold, or the sale or lease of the property on which sign is displayed and ich does not identify the place of business as purveyor of the units advertised on the ign. 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 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. City of NOW Page 14 of 27 File ID: 7634 (Revision:) Printed on: 712312020 (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 the _g or denial of the permit. (2) An non-refundable application fee of $5088 $95.00 and a non-refundable Zin'alinspection fee of $50.00 shall accompany each permit application to the Dent of 0 resilience and public works depaFtment, to be retained by the city regardl s of action yU taken in the granting or denial of the permit. �... (3) be peFmit fee of $325.00 . Non-refundable plan review fees in accordce with Section 2- 272 of the City Code shall be paid upon com letion of reviews Ad prior to issuance N of all right-of-way closure permits. In the case of an aDDlican ancelling an CO application or the City cancelling an application due to the plicant becoming non - responsive and ultimately abandoning a permit ap licatiotfafter plan reviews are w�.Y.-L.a�J aL��� L.. �.� ...:11 L� ��.. :�J •.. �� �.-..1:�...-Lim � �....�a �..J .r....l L� .-.,.:J :� (4) A non-refundable public right-of-way usage fee�f6r the partial or full obstruction by construction or maintenance related activities 7 a. - $0.25 $0.30 per linear foot per day o7ar6king walk/curb/swale usage. b. —$0:� .40 per linear foot per day o lane usage.* *This fee is in addition to fees pay le under chapter 35 of this Code, as amended. c.--$0.4A 0.45 r linear foot per y of lane closure or partial lane closure of traffic and auxiliary lane usage. All fees sha/bed prior to permit issuance. (5) A non-refundable fee foorary office, trailer, portable toilets, equipment or storage of materials con s oils and/or supplies within the partial or full obstruction area shall Was follows: a. —$8.0 $0.15 per/near foot per day of sidewalk/curb/swale usage. b. -$A.S JQ.20 Vr linear foot per day of parking lane usage. c. —$9.20 $0.21per linear foot per day of lane closure or partial lane closure usage. /ruction I fees shall be paid prior to permit issuance. (6) Able fee of $8.06 0.10 per square foot per day of construction fence scrwindscreen containing advertising affixed to temporary coce located abutting the public right-of-way or in the public right-of-way. All paid prior to permit issuance. (7) II fees collected by the Department of resilience and public works, depadmen in ccordance 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. city of Miami Page 15 of 27 File ID: 7634 (Revislon:) Printed on: 7/23/2020 (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) sha# m not apply to the city or any other non -revenue generating government or school district entity, or while construction, excavation, and rep wo rk e_,. k is being actively performed within the public right-of-way. The fees described subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above m/such or reduced by the city commission if the commission determines ver or reduction is in the city's best interest. (9) After_the-fact permit fee. For any public street or alley closureection 54- 3, performed without the required permits and inspectionsquaount of all permit fees, application fees and inspection fees as described (e)(1) through (e)(6) herein. Sec. 54-42. right-of-way. ARTICLE II. — CONSTRUCTION, EXCAVA for (a) Permit required. Except as provided in s cut into, dig up, drill into, bore under. or e whether the same is paved or unpaved be made to the director of the de art ni therefore. No person shall apply for pen of -way without disclosing in writin on the behalf such work in the public ri t-of-wad being performed by one (1) or ore persc constructin/exa avating, m taining, ow equipmentvice withi the public rigl all applicatperm' ng requirement disclose hiheir i rest/participation all city reqnts r issuance of the pi the city of ation permit previous and void (a necessity of any furl by the city ritten notice that such pe to violation provision by the person have the riake all legal measures a AND REPAIR ection (b) when any person desires to disturb, vate any public street, swale, or sidewalk, to cause the same to be done, application shall of resilience and public works for permission lit to perform or conduct work in the public right - permit application form the person(s) on whose is being performed or conducted. If such work is n(s) on behalf of any other person(s) for using, ling or operating any type or manner of system, t-of-way, then both/all persons must comply with of the city. Failure of any person(s) to fully representation in the permit application or to fulfill �rmit shall result in (1) an immediate revocation by y granted resulting in such permit becoming null ier action, hearing or proceeding), or (2) issuance mit will not be granted, as the case may be, due s) who applied for such permit. The city shall id seek all available remedies to enforce this disclosugf provision. Except for applications for permits by non -revenue generating govern ent entities, no person(s) or those performing the work on behalf of any other /pers(s) may apply for and/or receive a permit if the persons) or those performing the n their behalf currently owe outstanding fines, debts, or delinquencies to the city to prior permits issued by the department of resilience and public works. If such ding 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 0 W m M City of Miami Page 16 of 27 File ID: 7634 (Revision:) Printed on. 7/23(2020 restoration of the public right-of-way to a condition satisfactory to the city, and any on oing maintenance or reparations for un-repaired conditions or damages that may be req ed of the person(s) under the circumstances and extent of the work to be performed or nducted by such person(s) under such permit. Any violation of the conditions set forth or ny violations under applicable law shall render such permit automatically null an oid, without the necessity of any further action or proceeding. Such permit shall cover th ength of time necessary and reasonable according to the type of activity involved. Addif nally, unless otherwise provided by general law, any continuing use of the public righ f-way by any such person(s) shall require such person(s) to also enter into a co tin g maintenance and restoration agreement, registration, or a franchise agreement, as ap icable by Florida Statutes or the City Code, with the city, and to provide such contin ng insurance and such continuing surety that may be required by the agreement or regi ation relating to such continuing maintenance and potential restoration. A permit ap cation form will not be required to be submitted for multiple sanitary sewer laterals, ater service laterals or water meters installed by the Miami -Dade Water and Sewer De ment, if such multiple installations are combined into a single written request f permit to the director of the Department of resilience and public works. A request f multiple water and sewer installations shall be submitted to the director of the partment of resilience and public works prior to construction work and shall not requi submittal of a surety for restoring the street or sidewalk as described in subsection(c). (c) Calculation of cost of restoration. Upon ompliance with the terms of subsection (a) of this section, the director of the DepartmenL46f resilience and public works shall calculate the cost of fully restoring the street or siq&alk to the condition in which it is found upon the filing of such application. The cost all be calculated on the basis of the following rates: Backfill ..... 15.00/cubicyard ("CY") Eight -inch limerock base ..... 25.00/SY Permanent paving (asphalt concrete and rock base) ..... $ 2.75 30.00/SY 1" Milling and resurfacing (Superoave asphalt) ..... 14.50/8Y Asphaltic serasrete Superpave asphalt (only) ..... 4-4A 18.00/SF Stamped/color asphalt concrete (only) ..... 4M 18.00/SF 0 W M CO M IA clly of Allan/ Page 17 of 27 File ID: 7634 (Revision:) Printed on: 72312020 ID- 79-U Six-inch driveway paving (plain concrete) ..... 0:00 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textured/color etc.) ..... &50 18.00/SF Six-inch concrete sidewalk (plain concrete) ..... 2L.W 8.00/SF Decorative sidewalk (bricks, pavers, stamped/textured/color c j8.50/SF Six-inch reinforced concrete protective slab ..... 350 20 /SI fill—1-00 Decorative swale paving (bricks, pavers, 9-.W 15.00/linear foot ("LF") sSod (St. Augustine or Bahia) ..... 44)0 Curb ..... $10 00 1YOO/LF Valley gutter .....Curb and gutter ../LF Swale trench .....Y EAltration trj#hch ..... 7040-200.00/1-F r > 24" . etc.) ..... concrete swale blocks, etc.) Drainage structure (inlet, manhole, etc.) ..... 2,000.00 3.000.00/each Decorative Mien pedestrian lighting (fixture/pole/mounting) ..... 66,000.00 Roadway lighting (fixture/pole/mounting )... 12.000.00/each 0 W Vf m n Vf city of Miami Page 18 of 27 File ID: 7634 (Revision:) Printed on: V2312020 File ID: 7634 tnacunent numu . Street furniture benches waste receptacles, bicycle racks etc...... 500.0 /each (d) Payment of amount of costs for restoration; issuance of permit; time for comple an; W consequences of failure to complete street restoration. (1) Whenever any individual, company, or agency applies for a permit for rk re uirin disturbin cuttin into di in u drilling, boring under, or excavati e�Esavat� of a street, swale, sidewalk, or other public right-of-way, or easement, required by �,.. subsection (a) of this section, the individual company, or a enc hall deliver to the director of the department of resilience and public works a bon or sure a -sleety IDeparVAent payable to the-Gity in the amount of one and a alf of the cost of the restoration as calculated by the director of the de artme of resilience and public N works- (2) 7.401 f a lo( amount of coverage). SeGtienr The director of the Department of resilience and public works may establish written rules and procedures 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. city of MISIni Page 19 of 27 File ID: 7634 (Revision:) Printed on: 712312020 File ID: 7634 (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 determi when the work is to be completed, including restoration of the street, right-of--w or easement in accordance with the standards and specifications of the depart nt of resilience and public works. The individual, company, or agency shall there er, and not before, be authorized to proceed with the work and shall complete th me within the time prescribed by the permit and applicable permit conditions. (4) Upon proper completion of the work by the permittee, as determine y the director of the Department of resilience and public works in accordance with t requirements of this chapter and other applicable codes, including the above rest ation, within the time prescribed by the permit, the director of the Department of resit' nce and public works shall cause the amount of the surety to be returned to the pe on, company or agency to whom the permit was issued. (5) In the event that the permitted person, company o/agey ails or refuses to complete thework, including restoration, within thefied by the permit and/or applicable permit conditions, all payments, includine-referenced surety, shall be deemed forfeited. The director of the De artmence and public works shall then be empowered to cause restoration to done by contract, or by city forces, without regard to the status of the work sought be done under the permit, and all costs thereof shall be payable by the permitt individual, company, or agency. If the required amount is not remitted within ten ) days of written notice by the director of the Department of resilience and public w rks to the permitted individual, company, or agency, the forfeited monies shall be u d to complete the worts. Any costs in excess of the available forfeited monies shall nstitute and become a lien against the private real property if owned by said perm ed individual, company, or agency, which adjoins or abuts the street or right-of-way r which the permit was issued. Any forfeited monies remaining after restorati costs have been paid in full may be returned to the permittee if the reason for the lay has been due to causes beyond the control of the permittee. Additionally, the ector of the Department of resilience and public works may administratively esta h and enforce written rules and procedures pertaining to the withholding of the is ance of new exGavation permits to any individual, company, or agency that fails or fuses to complete the restoration work and obtain from the Department of resili ce and public works depaFtment a final inspection approval within the term of the pre usly issued excavation permit(s) to said individuals, company or agency. (e) Indemnity, hold h less, and insurance. It shall be a condition precedent to the issuance of any such perrDE that the ap►p4isarer fines damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of iniury to or death of any person, damage to, destruction, or loss to any Property including the City, its instrumentalities, officials, employees, and agents arising city of Miami Page 20 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Enactment out of or in connection with the Performance or non-performance of the services pp applicant, its employees, ees agents, , servants or contractors unless such•act or omi ion is solely caused by the City, its instrumentalities officials employees, and a ents. he W applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities officials emi2loyees, and agents against all liabilities whic ay be asserted by an employee or former employee of the applicant, or any of it ontractors as provided above for which the applicant's liability to such employee or fo er employee ~ would otherwise be limited to payments under workers' compensation similar laws. In addition the applicant understands and agrees that except where cauged by the m negligence or misconduct of the City, its instrumentalities officials to ees or agents, the City shall not be liable for any loss inmury, or dama a to an sonal Property or N ani iinmant of tha nnniir-ant if-- amninvaac nnantc rnntrartnrc hAQinPQQ Ilran4PPc nr (1) Non-govemmental applicants: Prior to the issuance of any such permit, the non-govemmental endorsements as may be applicable, in connection with the scope of services contemplated by the permitta rq eement. 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 City of Miami Page 21 of 27 File Id: 7634 (Revision:) Printed on: 7/23/2020 (f) "A having or exceeding the required rating criteria. with notice to the certificate holder. (2) Govemmental applicants: Prior to the applicant(s) shall submit to the city a c for each governmental applicant in set forth in F.S. § 768.28. ance of any permit, the governmental ,ate of insurance or letter of self-insurance nce with and subject to the limitations as (3) Additional permit conditions: It all be a condition precedent to the issuance, to both governmental and non-gove ental applicants, of any permit for work to be performed in the public n h f-way that the person(s) applying for such permit shall provide to the city°s depa ent of resilience and public works a surety in such amount(s) and such fo s) aseeptaRGe acceptable to the director of the Department of resilience and public rks to ensure that such work: (i) complies with applicable codes, (ii) is conduc d and performed in a satisfactory, safe and professional manner, (iii) pertaining to t public right-of-way is restored or maintained as required by the circumstances a extent of the work under such permit and any continuing maintenance d restoration agreement. Furthermore, the permit holders are jointly and severall esponsible, at each permit holder's expense, for any damages resulting from work rformed or conducted under the permit and for any damages regarding restorin a public right-of-way to its original condition before installation of the facilitie and for any damages regarding continuing maintenance of the public right-of- way. Obst tion of the tight -of -way. IR the event that the peFmitted individual, A Company or agency to obstruct or temporarily close any gortion 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. 0 W H M H CO M City of Miami Page 22 of 27 File ID: 7634 (Revision:) Printed on: 7l23f2020 FNe ID: 7834 Enactment Number: (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, sidewalk pavements in the city shall be made under the supervision and direction of the di ctor LLJ of the department of resilience and public works. D Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, ving or N resurfacing of roadway, parkway or shoulder area, building line and grade s ey, sidewalk CO construction survey, driveway construction, flume exGavatien, utility place nt; underground utility service connection excavation, groundwater monitoring wells; pe renewal; after -the - fact permit, and inspection/reinspection fees; waiver of fees. (a) The permit fees to be charged by the Department of esilience and public works deparlrent for right-of-way or street excavation, sidew construction or repair, pig , roadway / arkwa /shoulder area payingor resurfacing, building line and grade or sidew construction survey sidewalk sel�strasti+ee, driveway constructiX ' , utility placement/replaoement/repair/removal, und utility service connection excavation, groundwater monitoring wellsion/abandonment/reestablishment, permit renewals, after -the -fact permits ar�dns or reinspections, and any other within the city are hereby fixed as 004 a. b 50 lineal permit: or less ..... $325.00 b.-G: Each a itional lineal foot ..... 6.50 C, d 'ew of plans and sped i each xcavation .....295.00 h additional lineal feet of e*c g.-l�^�,.�#�-er-less-ef-exsavati� Sidewalk repair permit: a. 50 lineak feet or less ..... 82.50 b. Each additional linealr foot ..... 1.65 141(3) Sidewalk construction permit: a. 50 linealr feet or less ..... 252.50 City of Alum/ Page 23 of 27 File ID: 7634 (Revision:) Printed on: 712312020 b. Each additional linealr foot ..... 5.05 J�Eh(4) Paving or resurfacing of travel lanes, parkway, or shoulder area /approach) Q a. 50 linealr feet or less ..... 308.50 W b. Each additional linealr foot ..... 6.10 �{5} Line and grade curb and utter sidewalk construction and drive grey -permit, 'RGluding, but net l4nited to sidewalk GGAStFUGtiOR Pq-Aitl as; -huilt, plan~ �euiew= N a. 50 linealr feet or less ..... 360.00 CO b. Each additional linealr foot ..... 7.20 z M 7u,{6) Driveway approach construction permit, each drivew,i ..... 115.00 (8) Utility permit: etc. 1. 50 linear feet or legs..... 325.00 2. Each additional linear foot ..... 6.50 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 City of Miami Page 24 of 27 File ID: 7634 (Revision:) Printed on: 712312020 76U (9) Dewatering Permit Fees by days: 6 days or less ..... 520.00 7-30 days ..... 63&8A-750.00 31—�90 days ..... 980.00 1,000.00 (10) Inspection fees: a. Stormwater: 1. Stormwater Inspection permit fee inclu 2. Pipe/Structure Bedding and Layout ...$160.00 '4. J V V J V.7LGI I I f 11 101 - L O Lamping $300.00 b. Dewatering: 1. Initial ... $160.00 2. Final ... $160.00 c. NPDES: 1. Field Compliance acre .$1,000.00 2. Field Compliance CI above ...2,000.00 3. Final — 0.5 up to 1 a 4. Final —1 acre and al d. Utility water, as el sewer 1. Initial insoe on r a (11 kl-2) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date..... 116.90 150.00 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 0 W cif CO D Vf city of Miami Page 25 of 27 Me ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 71i34 Enactment Number: all processing and inspection services rendered by the Department of resilience and publ' works department. (c) Permit fees shall be paid in full upon completion of all reviews and prior to the issu ce of the permit. The director of the Department of resilience and public works may est ish rules and procedures to allow billing for payment of permit fees on a monthly ba for recurring permit applications for utility companies and government agencies t demonstrate a continuing large volume of permit applications. s Department of T permits. Lej(d) Upon receipt of a written request from anon -revenue gen atin government agency, such as Miami -Dade un 's Department of Trans o W6 and Public Works ermit fees under this section may be waived, by the city man er or designee for roadway improvement projects that are not a component of, or ancillary to the constructio/mainance, of repair, or restoration of revenue producing facilities in the public rig-(e)-This section shall be annually reviewed bymmission at the time of adoption of the budget. Section 6. Chapter 62 of the Ci ode, titled "Planning and Zoning", is further amended in the following particulars:' "CHAPTER 62 PLANNING AND ZONING ARTICLE II. —COMPREHENSIVE PLANNING Sec 62-12. Fee f9finspections and examinations of plans for compliance with the provisions of the city zoningOfdinance and miscellaneous zoning fees. (h) Fees fo eview of legal documents for compliance with zoning and technical requirements includinVbut not limited to, unities of title, covenants, releases, and modifications shall be $75.0 er document. Department of Resilience and Public Works review .....$275.00 ARTICLE VI. —ZONING AND PLANNING FEES ID W m N city of Miami Page 26 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Fife ID: 7634 Enactment Number: Sec 62-22. Schedule of fees. G (5) Temporary uses and occupancies permits. `Ui c. Interim parking lot permit: 2.Department of resilience and public works review ..... 295.00 525.00 �.. IA Section 7. If any section, part of section, paragraph, clause, phrase, word of this Ordinance is declared invalid, the remaining provisions of this Ordinance s II not be affected. IA Section 8. This Ordinance shall become effective thirty (30) da after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ria del, Cify Attortey 7/14/2020 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 27 of 27 File ID: 7634 (Revision:) Printed on: 712312020