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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00730 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE", MORE
PARTICULARLY BY AMENDING SECTION 10-4 TO INCLUDE AN AUTOMATIC
DEFERRAL OF THE SOLID WASTE SURCHARGE TO AFFORDABLE HOUSING
DEVELOPMENTS FUNDED BY A COMMUNITY REDEVELOPMENT AGENCY;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 10 of the Code of the City of Miami, Florida, as amended ("City Code")
allows for an affordable housing development exemption to the solid waste surcharge enumerated in
Section 10-4(b)(2)(c) of the City Code; and
WHEREAS, the City Commission wishes to incentivize the creation of affordable housing by
Community Redevelopment Agencies; and
WHEREAS, allowing for an automatic deferral of the solid waste surcharge fee required during
the building permit process will expedite and lower the cost of permitting affordable housing
developments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code is amended in the following particulars: {1}
"CHAPTER 10
BUILDINGS
ARTICLE I. IN GENERAL
Sec. 10 - 4. Building permit fee schedule.
(a) Definitions.
Dry run is defined as the process of plans signed and sealed by the design team submitted for
building permit but with a building permit application without having a contractor.
Master permit is a building permit obtained for the complete work on any project.
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Private provider means a person who can provide alternate plans review under F.S. § 553.791
and is licensed as an engineer under F.S. ch. 471 or as an architect under F.S. ch. 481, as amended.
Stand-alone permit is any trade (electrical, mechanical or plumbing) permit pulled for a single
category without the need for a master permit.
Trade permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a
master permit associated with it to be pulled prior to issuance.
Up -front fee is the fee associated and charged at the time of submittal of a set of plans and
building permit application.
Community Redevelopment Agency is a public entity created pursuant to Section 163.356,
Florida Statutes, as amended.
Affordable Housing Development is owner -occupied and/or rental housing with a purchase cost,
value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable
standards for those individuals whose income is between thirty percent (30%) to eighty percent (80%)
of the area median income as published annually by the United States Department of Housing and
Urban Development ("HUD"),
Workforce Housing Development is owner -occupied and/or rental housing with a purchase cost,
value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable
standards for those individuals whose income is between eighty percent (80%) to one hundred forty
percent (140(3/0) of the area median income as published annually by HUD.
(b) General fee information.
(1) Building, plumbing, mechanical and electrical permit fees.
a. Residential (up to three (3) dwelling units): For all residential properties, any trade
or master building permit will be charged 0.50 of the estimated construction
cost (including labor and materials) for new construction or additions, and
0.50 of the estimated construction cost for all remodeling permits.
Notwithstanding the foregoing, the building permit fee for residential
improvements where the amount of estimated construction is less than
$2,500.00 shall be fixed at $45.00.
b. Commercial and multifamily master permit, trade permit and stand-alone permit
fee: For a building whose estimated construction cost is equal to or less than
$30,000,000.00 is one percent (1 %) of the cost of construction as per
Miami Dade County Code Compliance minimum construction cost value the
declared cost by the Contractor. For projects were the construction cost
exceeds $30,000,000.00, the fee will be the same as above up to
$30,000,000.00, plus one-half percent of the amount in excess of the
$30,000,000.00.
c. Minimum permit fee, applicable to any building permit, shop drawing, or revision
of any category regardless of construction cost or number of pages: $110.00.
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d. Phased permit fee: Any phased permit issued in accordance with the Florida
Building Code (FBC 105.13) will be valid for six months from the issuance
date. No extensions will be issued to the phased permits by the building
official. These permits will be charged a $1,500.00 fee, plus any other
applicable surcharges as defined or required by the surcharges section.
e. Fee for work started without permits: When work is commenced prior to obtaining
a required permit, a fee of two times that specified in this section, plus a
$110.00 fine shall be paid. The payment of such fees shall not relieve any
person, firm, or corporation from fully complying with all of the requirements of
all applicable regulations and codes, nor shall it relieve them from being
subject to any of the penalties therein. The fee requirement shall be
applicable to all trade divisions of the building department.
f. The building department will modify the permit fee calculation using the
Engineering News Record- Building Cost Index (ENR-BCI) published each
January. A credit will be applied to the total cost of the building permit fee
using the ENR-BCI should the ENR-BCI increase.
(2) Surcharges. For all permits issued, the building department will collect the following
surcharges for the State of Florida, Miami -Dade County and other city departments:
a. State of Florida surcharges.
1. State of Florida Department of Business and Professional Regulation
(DBPR).
2. State of Florida Building Code Administrators and Inspectors (BCAI).
b. Miami -Dade County Code compliance surcharges.,
c. City solid waste surcharge.
1. Residential. $0.22 per $100.00 of the estimated cost of construction with a
minimum fee of $26.00 and a maximum fee of $600.00.
2. Commercial. Permits for all building a surcharge of two and one-half
percent of the cost of construction with a minimum of $57.00 and a
maximum of $10,500.00.
3. Exemptions. The following are exempt from this surcharge: signs,
landscaping, elevators, revisions, subsidiary permits, roofing, awning,
windows and doors, shed, flooring, driveways, and any affordable
housing permit that the city director of community development
exempts in writing prior to the issuance of the permit.
4. Automatic Deferral. The City Manager, or his/her designee, shall defer the
surcharge for Affordable Housing Developments and Workforce
Housing Developments for as long as the development remains
affordable or workforce housing. The permit applicant shall provide the
City of Miami the Community Redevelopment Agencys Board's
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Resolution approving or authorizing the project and a covenant
running with the land, or a deed restriction, which ensures that the
development conforms to the requirements of an Affordable Housing
Development or Workforce Housing Development. Upon the project
ceasing to be an Affordable Housing Development or a Workforce
Housing Development, the solid waste surcharges that were deferred
shall become due and payable to the City of Miami within thirty (30)
days.
Section 3, All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of a 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 immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VTORIA ENDEZ
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar 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 or upon the
effective date stated herein, whichever is later.
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