HomeMy WebLinkAboutAgenda Item Summary Formi, AGENDA ITEM SUMMARY FORM
Second Reading
9117711111 13M.3E06.10.
Date: 05/04/2023 Requesting Department: Department of
Resilience and Public Works
Commission Meeting Date: 07/27/2023 Sponsored By:
Type: Ordinance District Impacted: All
Subject: Amend Code - Chapter 2
and Chapter 54 - New Department Fees
PURPOSE OF ITEM:
An ordinance of the Miami City Commission amending Chapter 2/Article IV/Division
4/Section 2-268 and 2-269 of the Code of the City of Miami, Florida, as amended ("City
Code"), titled "Administration/Departments/ Resilience and Public Works Department",
Chapter 54/Article I/Section 54-3 Of The City Code, titled "Streets and Sidewalks/In
General', and Chapter 54/Article II/Section 54-43 of the City Code, titled "Streets and
Sidewalks/ Construction, Excavation, and Repair", by providing for new department fees
related to the preparation and processing of right of way dedication waivers, processing
of tolling and extensions of tentative plat approvals, and for the processing and
review of right of way closure permit extensions by the department.
BACKGROUND INFORMATION:
Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended,
provides the fee schedule for the processing of covenants, construction plans, and
recordation of plats by the Department of Public Works and Resilience. Chapter 54 of
the City Code provides the fee schedule for the processing of rightof- way permits.
Currently, the fees referenced in Chapter 2 and Chapter 54, of the City Code do not
sufficiently cover the average cost of City of Miami staff to perform the processing of
said documents, permits, inspections, and related work. It is in the best interest of the
City to amend Chapter 2 and Chapter 54, of the City Code to create said fees. The
changes to fees in this Ordinance are related to and based upon the actual cost to the
City for reviewing and processing the various approvals, permits, and other regulatory
requirements as more specifically provided for herein. It is the intention of the City not to
construe this Ordinance in such a way so as to conflict with State law, including,
specifically, Section 337.401, Florida Statutes, regarding permissible permit
requirements and fees for certain communications providers. The City Commission
finds that all new 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, direct administrative costs, and similar work.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
City of Miami File ID: 13966 (Revision:) Printed On: 811112023
Total Fiscal Impact:
N/A
Reviewed By
City Commission
Joseph Castro
Department of Resilience and Public Works
Review Completed
06/12/2023 11:54 AM
Office of Management and Budget
Luis Hernandez -Torres
Office of Management and Budget
Marie Gouin
City Manager's Office
Nzeribe Ihekwaba
Legislative Division
Valentin J Alvarez
City Manager's Office
Arthur Noriega V
Office of the City Attorney
Elizabeth Hernandez
Office of the City Attorney
Victoria Mendez
City Commission
Todd B. Hannon
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Meeting
Juvenal Santana
Completed 06/08/2023 9:00 AM
Department Head
Budget Analyst Review
Completed
Budget Review
Completed
Deputy City Manager Review
Completed
Legislative Division Review
Completed
City Manager Review
Completed
ACA Review
Completed
Approved Form and Correctness
Completed
Meeting
Completed
Meeting
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
06/12/2023 12:56 PM
06/12/2023 3:01 PM
06/12/2023 3:35 PM
06/12/2023 3:52 PM
06/12/2023 4:48 PM
06/12/2023 6:51 PM
06/12/2023 7:07 PM
06/22/2023 9:00 AM
07/27/2023 9:00 AM
08/03/2023 5:33 PM
08/03/2023 5:39 PM
08/03/2023 5:39 PM
City of Miami File ID: 13966 (Revision:) Printed On: 811112023
- City of Miami City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14193
File Number: 13966 Final Action Date: 7/27/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-268 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS
DEPARTMENT/FEE FOR PREPARATION OF DOCUMENTS
CONTAINING COVENANTS TO RUN WITH THE LAND, RIGHT-OF-WAY
DEDICATION DEEDS, QUITCLAIM DEEDS, WAIVER OF FEE; FEE FOR
PREPARATION OF DOCUMENTS ALLOWING THE USE OF PUBLIC
RIGHT-OF-WAY BY PRIVATE ENTITIES; RECORDING FEE," AND
CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-269 OF THE CITY
CODE, TITLED "CHECKING AND RECORDING PLATS AND ALLEY
CLOSURES OR VACATIONS —FEE SCHEDULE; WAIVER OF FEE," TO
PROVIDE FOR NEW RESILIENCE AND PUBLIC WORKS DEPARTMENT
("DEPARTMENT") FEES RELATED TO THE PREPARATION AND
PROCESSING OF RIGHT OF WAY DEDICATION WAIVERS, AND TO
PROVIDE FOR THE PROCESSING OF TOLLING AND EXTENSIONS OF
TENTATIVE PLAT APPROVALS; FURTHER AMENDING CHAPTER
54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, TITLED "STREETS
AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT
OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES
TRAFFIC; FEES; WAIVER OF FEES," AND CHAPTER 54/ARTICLE
II/SECTION 54-43 OF THE CITY CODE, TITLED "STREETS AND
SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/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," TO PROVIDE
FOR THE PROCESSING AND REVIEW OF RIGHT OF WAY CLOSURE
PERMIT EXTENSIONS BY THE DEPARTMENT; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as
amended ("City Code"), provides the fee schedule for the processing of covenants, construction
plans, and recordation of plats by the Department of Public Works and Resilience
("Department"); and
WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of
right-of-way permits; and
City of Miami File ID: 13966 (Revision:) Printed On: 811112023
WHEREAS, currently, the fees referenced in Chapter 2 and Chapter 54 of the City Code
do not sufficiently cover the average cost of City of Miami ("City") staff to perform the processing
of said documents, permits, inspections, and related work; and
WHEREAS, it is in the best interest of the City to amend Chapter 2 and Chapter 54, of
the City Code to create said fees; and
WHEREAS, the changes to fees in this Ordinance are related to and based upon the
actual cost to the City for reviewing and processing the various approvals, permits, and other
regulatory requirements as more specifically provided for herein; and
WHEREAS, it is the intention of the City not to construe this Ordinance in such a way so
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 City Commission finds that all new 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, 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, Sections 2-268 and 2-269 of the City Code
are hereby amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT
Sec. 2-268. - Fee for preparation of documents containing covenants to run with the land, right-
of-way dedication deeds, quitclaim deeds, waiver of fee; fee for preparation of documents
allowing the use of public right-of-way by private entities; recording fee.
(d) For the preparation and processing of a right-of-way dedication waiver.....150.00
' 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 unchanaed material.
City of Miami File ID: 13966 (Revision:) Printed On: 811112023
44L(LIn addition to the above fees, the party proffering the legal document shall also pay
the recording fee, as established by the state."
Sec. 2-269. - Checking and recording plats and alley closures or vacations —Fee schedule;
waiver of fee.
(i) Processing fee for tolling and extensions of tentative plat approvals.....275.00"
Section 3. Chapter 54, Article I, Section 54-3 and Chapter 54, Article II, Section 54-43 of the
City Code are hereby amended in the following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes
traffic; fees; waiver of fees.
(e) Fees.
(7) Permit renewal fees prior to expiration and reactivation fees of original permit:
Permit fee aer extension: 150.00
(7)LL All fees collected by the department of resilience and public works, in accordance
with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in a rollover
account to be known as the lane closure fund. This account shall be used for the
department of resilience and public works for engineering support services, training,
materials, and equipment related to right-of-way closures, and for public right-of-way
maintenance and improvements.
04Laj Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) may not
apply to the city or any other non -revenue generating government or school district
entity, or while construction, excavation, and repair work is being actively performed
within the public right-of-way. The fees described in subsection (e)(1), (e)(3), (e)(4),
(e)(5), and e(6) herein above may be waived or reduced by the city commission if the
commission determines that such a waiver or reduction is in the city's best interest.
{9-}L101 After -the -fact permit fee. For any public street or alley closure described in
section 54-3, performed without the required permits and inspections, quadruple the
amount of all permit fees, application fees and inspection fees as described in
subsections (e)(1) through (e)(6) herein.
ARTICLE II. - CONSTRUCTION, EXCAVATION, AND REPAIR
City of Miami File ID: 13966 (Revision:) Printed On: 811112023
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.
(q) After -the -fact permit fee. For any public street or alley closure described in section 54-
3, performed without the required permits and inspections, quadruple the amount of all
permit fees, application fees and inspection fees as described in subsections (e)(1)
through (e)(6) herein."
Section 4. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, ity ttor ey 6/12/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami File ID: 13966 (Revision:) Printed On: 811112023