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HomeMy WebLinkAboutO-13195Vop City of Miami Legislation < U R �O Ordinance: 13195 File Number: 10-01002 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/27/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT;" CHAPTER 22.5/ARTICLE VI, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 2, Article IV, Division 4 of the Code of the City of Miami, Florida, as amended, ("Code") provides the fee schedule for the processing of covenants, construction plans, and recordation of plats; and WHEREAS, Chapter 22.5 of the Code provides the fee schedule for the processing of stormwater pollution prevention plans; and WHEREAS, Chapter 29 of the Code provides the fee schedule for the processing of waterfront improvements permits; and WHEREAS, Chapter 54 of the Code provides the fee schedule for the processing of right-of-way permits; and WHEREAS, currently the fees associated with Chapter 2, Chapter 22.5, Chapter 29 and Chapter 54, do not sufficiently cover the actual cost of City of Miami ("City") staff to perform the processing of said documents and permits; and WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, Chapter 29 and Chapter 54 of the Code to increase said fees; 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/Section 2-269 of the Code, entitled "Administration/Departments/Public Works Department/Checking and recording plats and alley closures or vacations --Fee schedule; waiver of fee," is amended in the following particulars: {1} City of Miand Page 1 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 "CHAPTER 2 ADMINISTRATION ARTICLE 4. DEPARTMENTS DIVISION 4. PUBLIC WORKS DEPARTMENT Enactment Number: 13195 Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, waiver of fee; fee for preparation of documents allowing the use of public right-of-way by private entities; recording fee. (a) For the preparation and processing of any legal document running with the land covenanting the construction or postponement of construction of a public works improvement either in the public right-of-way or on private property, a fee of $210.00 $245.00 shall be collected by the director of public works. The fee required under this subsection may be waived for governmental entities and agencies. (b) For the preparation and processing of legal documents allowing the use of public right-of-way by private entities, excluding permits and those documents described in subsection (a) hereinabove, a fee of $200 $305.00 shall be collected by the director of public works. (c) In addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state. Sec. 2-269. Checking and recording plats and alley closures or vacations --Fee schedule; waiver of fee. (a) The fees to be charged by the public works department for processing tentative plats and recording plats submitted for approval of the city, including the inspection of the permanent reference monuments set in the field, are hereby fixed as follows: (1) Recording plat: a. To accompany tentative plat application ... $315.00 370.00 b. For resubmission of tentative plat when submitted for recording ... 58.-00 190.00 c. For resubmission of tentative plat by different owner ... 158.00 190.00 d. For resubmission of tentative plat with new boundary ... 400 190.00 e. To accompany final plat when submitted for recording ... 368.00 1000.00 (2) Extending subdivision improvement time limit. For each time limit extension granted for completion of subdivision improvements required in conjunction with a recorded plat $210.00 9or, five percent of the subdivision improvement bond amount, whichever is greater. The processing fees required by paragraphs (1) and (2) of subsection (a) shall be waived for governmental entities and agencies. City of Miand Page 2 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 The fees to be charged for an expedited review for processing tentative plats and recording plats submitted for approval of the city, including inspection of the permanent reference monuments set in the field, are fixed as follows: Outside source review fee: Actual cost plus 20 percent administrative fee for processing. Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. Application fee $525.00. Recording fee *** Publication fee *** Vacation and alley closure fee pursuant to subsection 62-156(6) Not applicable *** These fees shall be determined contingent upon fees charged by the newspaper and Miami -Dade County recorder's office at time of publication and recordation. Sec. 2-272. Construction plan checking fee. (a) The fees to be charged by the public works department for processing and checking construction plans submitted for approval of the city are hereby fixed as follows: (1) Fence, wall, slab, sign or underground tank permit $11.00 13.00 (2) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair or addition permit 26.09 30.00 (3) Multiresidential and all nonresidential construction, reconstruction, remodeling, renovation, repair or addition permit 78.75 90.00 (b) 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 public works department review. Outside source review will be the preferred method. Outside source review fee: Actual cost plus 15 percent* *Fifteen percent is the administrative fee to cover the cost of processing. In-house review fee: $262.50 (c) The fee required under this section may be waived by the director of public works for governmental entities and agencies. Section 3. Chapter 22.5/Article VI of the Code entitled "Green Initiatives/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control," is amended in the following particulars: {1} "CHAPTER 22.5 City of Miand Page 3 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 GREEN INITIATIVES Enactment Number: 13195 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 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 fee of $100.00 115.00, All fees and fines generated as a result of this article shall be deposited into the stormwater utility trust fund and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems. Section 4. Chapter 29 of the Code entitled "Landfills and Waterfront Improvements," is amended in the following particulars: {1} "CHAPTER 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE I. IN GENERAL Sec. 29-3. Same - Fees; expiration; renewal (a) The permit fee for filling upland property that is below the design grade shall be $1 F� 180.00 for the first 5,000 square feet of area to be filled, and $105.00 120.00 for each additional 5,000 square feet of area or fraction thereof. The permit fee for filling submerged land shall be $0 425.00 for each acre or fraction thereof. Permits issued for filling shall be in effect for only one year from the date of issuance. Such fill permits may be renewed annually for a fee of $400.00 115.00. (b) The fee required under this section shall be waived for governmental entities and agencies. ARTCLE II. FILLING OF LAND IN BISCAYNE BAY Sec. 29-52. Fees and Charges (a) The following schedule of fees shall be charged in connection with this article: City of Miand Page 4 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 (1) For publication and notification of property owners, payable at the time of filing a petition, a minimum of $7900 90.00. (2) For removal of sand, rock or earth by pumping or otherwise, from lands submerged, or otherwise, as estimated by the director of public works and payable upon issuance of a permit, $0 425.00 for the first 1,000 cubic yards or fraction thereof, and $105.00 125.00 for each additional 1,000 cubic yards or fraction thereof. (b) The processing fees required by paragraphs (a)(1) and (2) of this section shall be waived for governmental entities and agencies. ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES Sec. 29-86. Same - Fees (a) The permit fee for the construction of any new structural improvement covered by this article, excluding the cost of any electrical, mechanical and plumbing work requiring separate permits, shall be based upon the estimated construction costs and shall be a flat fee of $250 300.00 plus two percent of the estimated construction cost. An after -the -fact permit fee, for any improvements covered by this article on which construction was performed without proper permits and inspection, shall be quadruple the above fee. (b) The permit fee for the repair or reconstruction of any existing structural improvement covered by this article, excluding the cost of any separate permits, shall be based upon the estimated cost of repair or reconstruction and shall be a flat fee of $79.00 90.00 or ten percent of the estimated cost of repair/reconstruction up to $525.00, whichever is greater. An after -the -fact permit fee, for any improvements covered by this article on which repairs/reconstruction were performed without proper permits and inspection, shall be quadruple the above fee. (c) The expense of any inspection by the public works department will be included in the cost of the permit fee. (d) The fee required under this section may be waived by the director of public works for governmental entities and agencies. *If Section 5. Chapter 54 of the Code entitled "Streets and Sidewalks", is amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL City of Miand Page 5 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees; waiver of fees. (e) Fees. (1) A fee of $105.00 120.00 shall accompany each permit application to the Police Department, to be retained by the city regardless of action taken in the grant or denial of the permit (2) An initial inspection fee of $25.00 shall accompany each permit application to the Public Works Department. R� 3) A non-refundable fee for a permit issued under this article for the partial or full obstruction by construction related activities exceeding one month in duration shall be as follows: a. $0.45 20 per linear foot per day of sidewalk/curb usage b. $0.2-5 30 per linear foot per day of parking lane usage* *This fee is in addition to fees payable under chapter 35 of the City Code of the City of Miami, as amended. c. $0.00 35 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane usage. The fees shall accompany each permit application to the Department of Public Works for the use of the public right of way. Sec. 54-8. Using street or sidewalk for display purposes, exceptions; permit and fee It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as hereinafter provided. (a) Except as provided in article III, displays approved by the city commission shall be no larger than 16 square feet, and no portion of any display or attachment thereto may be more than 84 inches from the ground. (b) Overhead horizontal banners at locations designated by the city will require a permit from the department of public works before installation. The application for permit shall be submitted in writing by the applicant to the department of public works on a form provided by public works. A non-refundable processing fee in the amount of $80.00 92.00 per banner, and an initial inspection fee of $10.00 per banner, shall accompany the application. A supplemental banner fee and a limited display duration period shall apply for overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to section 54-343 of this Code. ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR City of Miand Page 6 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, flume excavation, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and reinspection fees. The permit fees to be charged by the public works department for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction, driveway construction, flume excavation, utility placement, underground utility service connection excavation, groundwater monitoring wells, permit renewal, after -the -fact permit and reinspection within the city are hereby fixed as follows: (1) Street excavation permit: a. Non-refundable plan and specification review fee $20.00 a b. 50 lineal feet or less $ 250.00 $290.00 b c. Each additional lineal foot 0.3&.35 d. Initial inspection $25.00 e. Dry -run review of plans and specifications, upon request: i. 50 lineal feet or less of excavation $125.00 ii. Each additional lineal foot of excavation 0.25 (2) Sidewalk repair permit: a. 50 lineal feet or less 00.00 58.00 b. Each additional lineal foot 4-:00 1.15 (3)Sidewalk construction permit: a. 50 lineal feet or less 100.00 115.00 b. Each additional lineal foot 2:00 2.30 (4) Paving or resurfacing of parkway or shoulder area permit: a. 25 lineal feet or less 100.00 115.00 b. Each additional lineal foot 5.00 5.75 (5) Building line and grade survey permit: a. 50 lineal feet or less 250.00 287.50 b. Each additional lineal foot 5-00 5.75 (6) Driveway construction permit, each driveway 100.00 115.00 (7) Flume excavation permit, each excavation 100.00 115.00 (8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins, pedestals, vaults and auger holes) 400.00 115.00 Plus, for each additional, per block (on same permit)10.00 11.50 (9) Underground utility service connection right-of-way excavation permit (each water, gas, electric, telephone, cable television or sanitary sewer connection from base building line to the utility located City of Miand Page 7 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 within the public right-of-way) 100.00 115.00 (10) Groundwater monitoring wells, each well 00.09 60.00 (11) Dewatering: 6 days or less 520.00 7-30 days 635.00 31-90 days 980.00 444 (12) Permit renewal fee prior to expiration of original permit: Ninety -day extension of permit fee expiration date 190.09 115.00 A New application and permit fees shall be required for expired permits. Enactment Number: 13195 424 After -the -fact permit fee: For any work described in subsections (a)(1) through 40) (11) herein, performed without proper permits and inspections, quadruple the above fees. 43-) 14) Reinspection fees: When additional inspection is required for work previously inspected and rejected by the department of public works, a reinspection fee will be required, for each reinspection 25.09 30.00 (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 public works department. (c)Permit fees shall be paid in full upon issuance of the permit. The director of 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 agencies that demonstrate a continuing large volume of permit applications. ARTICLE VI. SIDEWALK CAFES Sec. 54-224. Permit Fee (a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $10.00 11.50 per square foot of usable sidewalk area, as determined by the department of public works. Said fee shall be paid in full upon issuance of the annual permit or, alternatively, shall be paid on the first day of the month ("due date") on a quarterly basis (i.e., January 1st; April 1st; July 1st and October 1st), with each payment being 25 percent of the annual fee as determined above; the first quarterly payment being due upon issuance of the annual permit. Payment received more than ten calendar days after the due date shall be charged a late fee of ten percent of the payment amount due. Failure to make a required payment within 30 calendar days of the due date shall constitute a basis for and result in immediate license suspension. City of Miand Page 8 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 Sec. 54-225. Permit Application (a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works in a form deemed appropriate by the director. Such application shall include, but not be limited, to the following information: (1) Name and address of the applicant; (2) A copy of a valid business license to operate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability insurance; (4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of all outdoor furniture, including but not limited to, tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, glare screens, menu boards, heat lamps, fans, planters and any other sidewalk obstruction either existing or proposed within the pedestrian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe. (6) Photograph of subject street right-of-way where sidewalk cafe is proposed. (b) Applications shall be accompanied by a nonrefundable application fee of $150.00 175.00 and an initial inspection fee of $10.00. ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS-OF-WAY Sec. 54-266. Fees. (a) An initial inspection of location fee of $11.50 per newsrack shall accompany the newsrack permit application. The annual permit fee is tms, dears $11.50 per newsrack due October 1st and will expire the 30the day of September each year. Fees for the initial year shall be prorated on a monthly basis, and shall be calculated using the following formula: (1) Initial fee = $0.83 per newsrack multiplied by the number of months remaining in the year. (2) Failed permit inspections are subject to a re -inspection fee of five dollars $5.75. All of the above fees will be used to defray administrative expenses relating to this article only. (b) To renew a permit, the distributor shall submit payment for the upcoming full year in advance to the department prior to each October 1 st. (c)Non-conforming newsrack(s) may be subject to removal and if removed shall be subject to a $700 90.00 removal and storage fee, pursuant to subsection 54-270(c). ARTICLE VIII. USE OF PUBLIC RIGHTS-OF-WAY BY COMMUNICATION SYSTEMS City of Miand Page 9 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Sec. 54-305. Compensation for permit. (b) Telecommunication company solely providing toll telephone service Enactment Number: 13195 (6) Upon the effective date of the adoption of this article in accordance with provisions of subsection (b) hereinabove, the following fee schedule is hereby fixed as follows: a. Annual fee. 1. For the first 50 lineal feet of pathway or less $ 250.00 290.00 2. For each additional lineal foot of pathway over 50 feet: i. Pathway(s) in existence as of the date of this ordinance: A. As of October 1, 1993 0.15 B. As of October 1, 1994 0.25 C. As of October 1, 1995 0.35 D. As of October 1, 1996 0.45 E. As of October 1, 1997 0.55 ii. Pathway(s) added subsequent to the date of this ordinance 0.75 .90 b. Initial fee for preparation review and approval of telecommunication agreement (does not include recording fee) $ 1,330.00 $1,525.00 c. Review of plans, issuance of installation permit and inspection of installation of new facilities 1. For first 50 lineal feet or less of pathway $ 250.00 290.00 2. For each additional lineal foot of pathway over 50 feet 0.30 .35 d. Fee for government-owned communications system: 1. Annual fee $ 250.00 290.00 2. Initial fee including review of plans and inspection plus recording fee 250.00 290.00 ARTICLE X. USE OF PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF LOW LEVEL WINDSHEAR ALERT SYSTEM(S) Sec. 54-379. Compensation for Permit The annual compensation which the FAA shall pay the city for a permit for the use of public rights-of-way for the establishment and maintenance of a LLWAS shall be $500.00.575.00 per pole location, as determined by the director of the department of public works. ARTICLE XI. USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES City of Miand Page 10 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 Sec. 54-413. Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement without permit or certification. (a) No person may place or maintain any pay telephone on or above any street or sidewalk in the corporate limits of the city without having first obtained a pay telephone permit from the city as provided in this article. (b) Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the streets or sidewalks within the city for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones. (c) Any pay telephone permit issued by the city shall continue in full force and effect so long as the permittee is in compliance with this article, and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. (d) In the event any pay telephone permit shall be revoked, the applicable pay telephones(s) shall be removed from the streets or sidewalks in accordance with the provisions of this article. (e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay telephone permit as required by this article, or failure to have a current valid public service commission certification shall result in removal of the pay telephone(s) by the city. The owner shall be assessed a $200.00 230.00 fine per pay telephone and storage costs in accordance with subsection 54-422(c). (f) No pay telephone permit shall be issued by the city within a state road right-of-way. Sec. 54-418. Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pay telephones shall be $2-00.00 230.00 for each pay telephone requested to be installed pursuant to this article. An initial inspection fee of $10.00 per location shall accompany the pay telephone permit application. (b) There shall also be an annual permit fee of $150.00 175.00 per year per pay telephone imposed for the administration and regulation of pay telephones in and the use or occupancy of the streets or sidewalks of the city. The pay telephone permit year shall begin on October 1 and end on September 30. The fee for any pay telephone permitted during the permit year shall be prorated to the end of the current permit year. The annual permit fee shall be due and payable on or before October 1. Permittee shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however, that such rate does not exceed the maximum amount allowed under applicable law. If said fee is not received in total by the city within 60 calendar days of the start of the permit year, the city shall notify the permittee and the permit shall be revoked and the pay telephone removed, in accordance with section 54-422. (c) The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment b construed as a release of any claim which the city may have for additional sums due and payable. (1) All fee payments shall be subject to audit by the city and assessment or refund if the payment is found to be in error. City of Miand Page 11 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017 File Number: 10-01002 Enactment Number: 13195 (2) In the event that such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month from the date due until the date payment is made. *If Section 6. 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 7. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} Footnotes: {1} 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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediatly upon overri of he veto by the City Commission. City of Miami Page 12 of 12 File Id. 10-01002 (Version: 2) Printed On: 8/9/2017