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HomeMy WebLinkAboutLegislation SUB44, • O k City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7634 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 "ADMINISTRATION/DEPARTMENTS/ RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62/ARTICLE II/SECTION 62-12 OF THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHENSIVE PLANNING/FEE," BY n. PROVIDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT -x ("DEPARTMENT") FEES FOR INSPECTIONS AND EXAMINATIONS tom.; PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCt NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY�71 OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND -rn ADJUSTED DEPARTMENT FEES RELATED TO THE PROCESSING 7-4 AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-WAY PERMITS, DEVELOPMENTAL ri 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 RIM r1 CD rn f1 r � 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: 7634 (Revision:) Printed On: 7/20/2020 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 7634 Li2qI3!a1-ior SUES File ID: 7634 Enactment Number: WHEREAS, Chapter 62 of the City Code provides the fee for inspections and examinations of plans by the Department for compliance with the provisions of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, currently, the fees referenced in Chapter 2, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code do not sufficiently cover the average cost of City 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, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code to adjust said fees; and WHEREAS, the changes to fees in this Ordinance are related to and based upon the actual cost to the City for reviewing and processing the various approvals, permits, and other regulatory requirements as more specifically provided for herein; and WHEREAS, it is the intention of the City not to construe this Ordinance in such a way 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 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:1 OP "CHAPTER 2 is - ADMINISTRATION nrzt -c`n * * * * Sri w C) ARTICLE IV. DEPARTMENTS c n r * * * * E* galP DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT N gra ry CD GJ 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. ras C-) rn Uf`r7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 2 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: 0 * * * *1- ill Z CO W o Qg Sec. 2-265. Same -Duty to establish minimum standards for public works. n u I-o �zc The director of resilience and public works is hereby authorized and directed to m promulgate rules and regulations establishing minimum standards pertaining to the construction, i o 1- improvement, repair, maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and a a LL IA 0 other public highways, sewers-stormwater management system, drains, ditches, culverts, w G 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 O0 = any other right of use whatsoever, and to establish, amend, publish and enforce uniform and u a 1- 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 v, oc W authority, whether on or above or below the surface of the land or water, whether financed or i o 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 department shall include the permitting, oversight, inspection, management, and supervision of all public works, including those public works projects carried on in the public right-of-way, right-of-way permitting, transit and mobility functions, and all duties and functions heretofore a part of the department of engineering and the division of streets, bridges and sewers heretofore a part of the department of public service. These functions and duties are hereby transferred to the Department of resilience and public works 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 documeits allowing the use of public right-of-way by private entities; recording fee. -11 * * * * , P1 O (b) Except as more specifically described in this Section, FGF for the preparation ancfpr¢cesging .r' of legal documents, including, but not limited to, subdivision improvement bonds and:hold :c harmless agreements, quitclaim deeds with the City as grantor, and any agreemenrapawin th8,,j use of public right-of-way by private entities, excluding permits, a fee of $ .00 $2ip00p shall be collected by the director of resilience and public works. ui (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 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: z Z W O Q (6) In addition to the above fees, the party proffering the legal document shall also pay the D u recording fee, as established by the state. N z o m(7ti/ Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver t O 1- of fee. a o o (a) The fees to be charged by the resilience and public works department for platting W � m W determinations, processing tentative plats, reviewing and processing certain platting x 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 n 3Z follows: = o W tx 1- (1) Platting determination. Platting determination or determination on folio separation $695.00-$850.00 (2) Platting exception submittal pursuant to Section 55-10(c) of the City Code 975.00 (2)01 Recording plat. a. To accompany For submittal of tentative plat without closure and vacation/release of one or more right(s)-of-way or easementWapplieation 4,-800.003.200.00 b. For submittal of tentative plat with closure and vacation/release of onrvior mire rights) -of -way or easement(s) 5,000.00 -; 4'12 a n37 c._ bc. For festbrissiet} resubmittal of tentative plat for an extension of time 900.002.400.00 Q-1 Iv C) ed. For resubmission resubmittal of tentative plat by different owner 900.002.400.00 • ra W de. For feBElbmissien resubmittal of tentative plat with new boundary Withoob closure and vacation/release of one or more right(s)-of-wav or easement(s) 900.003.200.00 f. For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more right(s)-of-way or easement(s) ..... 5,000.00 eg. To accompany final plat when submitted for recording 27600,003,700.00 (24) 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 govemmental entities and agencies. City of Miami Page 4 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: (c) 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*: Final plat review expedite fee (in addition to final plat submittal fee): List of requirements Base fee $250.00 Plus fee per tract/lot $100.00 Molar review Base fee $1000.00 Plus fee per tract/lot 500.00 * Expedited review is within the sole discretion of the Director of Resilience and Public Works to authorize, subject to staff availability. (d) Fees to be charged pursuant to subsections 55-15(i) and 55-15(j) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. Application fee $626,00$2,000.00 N eV ▪ r= Recording fee *** fi rnc 78 --I r (; Publication fee *** CI `' ha n Vacation and alley closure fee pursuant to subsection 62-156(6) Not ? -=1" a ! ▪ j applicable r, ,c. C7 r- w *** These fees shall be determined contingent upon fees charged by the newspaper arm Miirfhi- Dade County recorder's office at time of publication and recordation. (e) Notwithstanding the above, combined resubmittal, tentative plat, 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 (a) Fees to be charged pursuant to Subsection 55-15(1) providing for an alternate method for the closure or vacation of emergertcv access easement ..... 52,000.00 (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. Conskusfienplan-Plan checking review fee. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 5 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: (a) The fees to be charged by the Department of resilience and public works -department for processing and speaking -reviewing private development conetriIstien-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 permit: New multi -family residential (<'/2 acre) 940.00 New commercial (<% acre) 1,043.00 New multi -family residential (a'/2 acre and <1 acre) 1,520.00 New commercial (Z'/z acre and <1 acre) 1,650.00 Large development (residential/commercial a1 acre) 2,775.00 (5) Subdivision improvement engineering plan 1,800.00 (6) Review and marking of Base Building Line On signed/sealed Boundary Survey 125.00 For Planning/Zoning applications 250.00 (7) Underground utility installation 295.00 (8) Underground utility service connection, utility structure placement 75.00 (9) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility excavations 350.00 (10) Building construction/maintenance (scaffolding, crane. dumpster) 225.00 (11) 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 r w C11 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 6 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 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. Underground utilities 300.00 d. Aboveground utilities 200.00 e. Non-standard improvements (pavers, lighting. irrigation. tree grates, etc) 175.00 aa (b)The fees to be charged by the department of resilience and public works for processgRJ reviewing plans for work in the right-of-way that is not related to a private developmei9 m r— submitted for approval of the city are hereby fixed as follows: -< N -fl CD (1) Underground utility installation $295.00 ' i —0 mc (2) Underground utility service connection, utility structure placement 75.00 r. w Con (3) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility' excavations 350.00 (4) Street construction (sidewalk repair, sidewalk construction. curb and gutter, roadway paving, roadway resurfacing) 195.00 (5) Building construction/maintenance (scaffolding. crane. dumpster) 225.00 (6) Right-of-way closure (temporary traffic control, temporary construction fence) 75.00 (7) As -built plan a. Stormwater 650.00 b. Line and grade, pavement, sidewalk. curb and gutter 375.00 c. Underground utilities 650.00 d. Aboveground utilities 375.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 7 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 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 (tog) Expedited plan review service for special projects. A "special project" is defined as a project having a development order, or any other project as determined by the city manager, or designee, as having special interest to the city. The services will cover the resilience and public works department expedited review and shall be in addition to any and all other applicable permit fees. Outside source review will be the preferred method. Outside source review fee: Actual cost plus 15 percent* *Fifteen percent is the administrative fee to cover the cost of processing. In-house review fee not to exceed four hours: $350.00 ;c7 director of resiliei an� public works for governmental entities and agencies. -n CD * * --, c-) .� Section 3. Chapter 2/Article X/of the City Code, titled "Administration/Code Enforcemrint",de further amended in the following particulars: (Gil) The fee required under this section may be waived by the * * ARTICLE X — CODE ENFORCEMENT Sec. 2-829. Schedule of civil penalties. CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Code Section Description of Violation Civil Penalty -v City of Miami Page 8 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: 49-2 49-3 49-4 49-5 54-3 54-3 54-8 54-8 54-9 54-12 54-14 54-41 54-42 54-44 54-47 54-48 54-48 54-51 54-52 Unlawful discharge of petroleum products into City stormwater management system-er-sanital -sewers. Unlawful discharge of human excreta. Unlawful discharge of wastewater from construction excavation into city stormwater management systemseweF. Discharge or dumping of septic tank contents into city stormwater management system . Failure to obtain permit to obstruct street, or sidewalk or impede traffic or failure to pay usage fee. Daily usage fee will be required to be paid in addition to payment of the applicable penalty Failure to comply with conditions set forth by such permit, each violation. Unlawful use of street or sidewalk for advertising or display purposes. , $240.001.000.00 525.00 240:001,000.00 525,001,000.00 262501,000.00 minimum and 250.00 per day thereafter 262.50250.00 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. Failure to remove utility facilities to permit improvement of streets. Failure to notify public works 24 hours prior to commencing construction. Disturbing, cutting, digging or excavating any portion of the public right-of-way without a permit, Failure to construct sidewalk with standard material. Failure to obtain approval of location and construction of driveway. 54-54 Refusing to allow inspection. Failure to comply with stop work order. Failure to obtain proper street grade and lines. Failure to lay sewers, water and gas mains, telephone and electrical conduits prior to street improvements. Allowing sidewalks to remain in dangerous condition. 262750250.00 2622 50250.00 262,50250.00 52.50 52.50250.00 00. --1 oa . -Pi N 5150250.00 z-'7 240.001,00000` ni unirj and 250,00 plrlaycz) r n thereafter ' 2 -o 52.50250.00 -' �.. r, 52.50250.00 4-05.001,000.00 minimum and 250.00 per day thereafter 240,001,000.00 minimum and 250.00 per day thereafter 52401,000.00 minimum and 250.00 per day thereafter 240:00250.00 J 52,501,000.00 minimum THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 9 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number. and 250.00 per day thereafter _ 54_57 54-86 iFailure to construct56, reconstruct, or repair the street542624A250.00 improvements. Obstructing streets or sidewalks with trash lumber or other obstructions. 52-50250.00 Failure to obtain proper permits or authorization for placement of a bench or a shelter upon public right -of- way. 52,501,000.00 minimum and 250.00 per day thereafter 54-91 Failure to maintain proper clearances for placement of a bus bench or shelter. 501,000.00 minimum and 250.00 per day thereafter 54-92 Failure to properly maintain a bench and/or shelter. 52.50250.00 54-93 Failure to comply with bench and/or shelter size requirements. 52 501,000.00 minimum and 250.00 Der day thereafter -94 i Failure to properly display name/address, and local telephone number of bench and/or shelter company. 52.50 54-132 Failure to properly affix numbering to building as required. 105.00 54-134 54-135 54-193 54-221 54-263 Unlawful placement of any sign designating street, avenue or other public place by a different name than by which it is generally and legally known. 52,601,000.00 minimum and 250.00 per day thereafter Defacing or removal of any street signs posted in the city. 52.501.000.00 minimum and 250.00 per day thereafter Unlawful construction or installation of an encroachment i within the dedicated right-of-way or within the undedicated 1 right-of-way. 210-001,000.0 r in um and 250.00 Dertjay . thereafter _; r-- j , I Operating a sidewalk cafe without a permit. 525.00 cn- - c Placing, maintaining, or operating newsrack on any public right-of-way without a permit. 52-50250.00 y - _-.-{ 54-266 Installation, use and/or maintenance of nonconforming newsracks. 1. ; 62 0250.00 St', ,,a 54-268 1 Allowing a newsrack to remain in a state of abandonment. 52.50250.00 54-300 54-309 'Failure to obtain telecommunications permit agreement. 525.00 52.50 i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 10 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment 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 following particulars:1 "CHAPTER 22.5 GREEN INITIATIVES ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL Sec. 22.5-127. Administrative fee. As a condition precedent to the issuance of any resilience and public works, zoning, planning, building, or demolition permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the city a stormwater utility fee of $395-00595.00. All fees and fines generated as a result of this article shall be deposited into the stormwater utility fee account in the general fund for the stormwater management system and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems. Section 5. Chapter 54 of the City Code, titled "Streets and Sidewalks", is further amended in the following particulars:1 F,0 N "CHAPTER 54 ar▪ il C=� -o STREETS AND SIDEWALKS , c M an -v * * * * ?; -=; ARTICLE I. IN GENERAL Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees. (a) Scope. No person shall perform or conduct my work in the public right-of-way, sush-as (any work including, but not limited to, digging, drilling, repaving, installing or maintaining utilities, etc.', 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 department, the off-street parking department, the risk management department, the neighborhood enhancement team department, and 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 11 of 27 File ID: 7034 (Revision:) Printed on: 7/20/2020 FIIe ID: 7834 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 govemment entities, no person(s) or those performing the work on behalf of any other person(s) may apply for a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city related to prior permits issued by the department of resilience and public works, or due to performing un-permitted work in the public right-of-way. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. (c) Indemnity, hold harmless and insurance. ITI 9 (� `- I� ter. r C7 Applicant agrees to indemnify, defend, and hold harmless the City, its officials: employees, agents, and. if applicable, its instrumentalities. and each of them frorn an9ri against all Toss, 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 Toss 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 Dermit/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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 12 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 Fife ID: 7634 Enactment Number: 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 negliaence or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not be liable for any Toss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on City property and its instrumentalities and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all its activities and for the installation and maintenance of traffic -control devices, if applicable. The applicant shall ensure that adequate safetv precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-wav that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement. (1) Non-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-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, personal and advertising injury, and products and completed operations,and-hostor liability74applisable, In addition, the applicant hereby agrees to provide additional insurance requirements as required bv 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 $1.000,000.00 500,000 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 . The insurance herein require¢' shall remain in full force and effect during the entire term of the permit. Additionally,. all such insurance for non -governmental applicant(s) shall be subject to annual reviewby the city's risk management department and the applicant shall be required to updateas necessary to protect the city as set forth in this section. cp All insurance policies required above shall be issued by companies authorized, to die: business under the laws of the State of Florida with the following qualifications .. The company must be rated no Tess than "A-" as to management and no Tess than o" Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published bv A.M. Best Company, Oldwick, New Jersey. or its equivalent subject to the approval of the City's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from Qualifying insurers havina or exceeding the required rating criteria. Certificates of insurance shall contain thirty (30) days as to changes or modifications with notice to the certificate holder. (2) Government applicant(s). Prior to the issuance of any such permit, the govemmental 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: 7834 (Revision:) Printed on: 7/20r2020 Flle ID: 7634 Enactment Number: for each govemmental applicant in accordance with and subject to the limitations as o set forth in F.S. § 768.28. z Z W (d) Temporary obstruction of streets and sidewalks. a D H U D (1) Any permit issued pursuant to this chapter under this section may be revoked at any I—z o time for violation of the terms of the permit. The city manager or his/her designee may m 3 revoke this permit with justification. N U- (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 z u temporary obstructed right-of-way. Such temporary office, trailer, portable toilets, m ,W equipment or storage of materials, construction spoils. and/or supplies may be allowed a by the Department of resilience and public works department subject to a separate fee, o z subsection (e)(554), in addition to the fee for a permit for the partial or full obstruction or z closure listed in subsection (e)(43). A violation of this section shall result in a fine of = o W $262750 $250.00 per day for each violation. If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $262 50 $250.00 per day for each violation, plus any appropriate additional fees for the obstruction. (4) The permittee must provide a construction staging plan showing the location of lifting equipment, if applicable, ingress and exit points, and a signed and sealed statement from a State of Florida registered professional engineer in-the-statestatinq that no other suitable, onsite alternative exists. (5) For purposes of this section, the following definitions shall apply: Construction fence screen is a Tight, flexible fabric bearing printed text anifyiciaes to give information and with edge grommets to facilitate attachment to a rigid frame.' Construction windscreen is a visual/dust barrier composed of a flexibleviveri -- Fri fabric with edge grommets to facilitate attachment to a rigid frame. o Temporary construction fence is used when contracting or planning to c nstrue -� improvements on the premises and which facilitates temporary security andl a$etff r the premises. :-r co (6) Subject to compliance by the permit holder with applicable provisions of the On cm 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 (3) City of Miami Page 14 of 27 File ID: 7634 (Revision:) Minted on: 7/21Y2020 File ID: 7634 Enactment Number. Z m W sign. A violation of this section shall be punishable by a fine of $250.00 per day for o a D F- U D each offense under the provisions of chapter 2, article X of the City Code, and any I- a o other remedies as provided by law, jointly and severally, including, but not limited to, m 3 0 suspension or revocation of a CU, BTR, permit, or any other legal remedy as deemed N E. x appropriate by the city. The use of one remedy shall not preclude the use of another. a a o (e) Fees. Y c (1) A non-refundable fee of $120.00 shall accompany each permit application to the m W police department, to be retained by the city regardless of action taken in the granting m a x or denial of the permit. o z a (2) An non-refundable application fee of $60-88 $95.00 and a non-refundable initial v (2 W inspection fee of $50.00 shall accompany each permit application to the Department of LIJ E oIff resilience and public works e, to be retained by the city regardless of action taken in the granting or denial of the permit. (3) Non-refundable plan review fees in accordance with Section 2- 272 of the City Code shall be paid upon completion of reviews and prior to issuance of all right-of-way closure permits. In the case of an applicant cancelling an application or the City cancelling an application due to the applicant becoming non- responsive and ultimately abandoning a permit application after plan reviews are completed. these fees will be applied to an applicant's account and must be paid in order to avoid being in violation of Sections 54-3 and 54-42 of the City Code. (4) A non-refundable public right-of-way usage fee for the partial or full obstruction by construction or maintenance related activities a. $0.25 $0.30 per linear foot per day of sidewalk/curb/swale usage. b. $0.35 $0.40 per linear foot per day of parking lane usage.* *This fee is in addition to fees payable under chapter 35 of this Code, ss appnded. c.--$8:40 $0.45 per linear foot per day of lane closure or partial lane dosi a oferaf c and auxiliary lane usage. kY� All fees shall be paid prior to permit issuance. 1•3 Cm) o � (5) A non-refundable fee for a temporary office, trailer, portable toilets, equi nt4 � storage of materials, construction spoils, and/or supplies within the partiaful r obstruction area shall be as follows: F W a. —$84-8 $0.15 per linear foot per day of sidewalk/curb/swale usage. a' b. $0.15 $0.20 per linear foot per day of parking lane usage. c.--$O.20 $0.25 per linear foot per day of lane closure or partial lane closure usage. All fees shall be paid prior to permit issuance. (6) A non-refundable fee of $0,06 $0.10 per square foot per day of construction fence screen or construction windscreen containing advertising affixed to temporary construction fence located abutting the public right-of-way or in the public right-of-way. All fees shall be paid prior to permit issuance. City of Miami Page 15 of 27 File ID: 7634 (Revision:) Printed on: 7/2012020 File ID: 7634 Enactment Number: (7) All fees collected by the Department of resilience and public works,. department in accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in a rollover account to be known as the lane closure fund. This account shall be used for the Department of Resilience and Public Works for engineering support services, training, materials, and equipment related to right-of-way closures, and for public right- of-way maintenance and improvements. (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) shall may not apply to the city or any other non -revenue generating sky; govemment 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. 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 am unto all permit fees, application fees and inspection fees as described in subsections (p)( through (e)(6) herein. —a:4 c) ram- 11-1 w * * * -c —4 N C') c--) . 0 ARTICLE 11. — CONSTRUCTION, EXCAVATION, AND REPAIR s 17i f: r .a. Sec. 54-42. Excavations. Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration: obstruction of right-of-way. (9) (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 0 Z m W o z 1- 6 D ~ ao Nzco 3 "0 Q � a O LL Q W 2 m = U Q O r • = uJ �oN City of Miami Page 16 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 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: Per -Square Feet Clearing and grubbing (removal of sod, shrubs, around cover plantings, trees less than 4" diameter, rocks up to 501bs each, topsoil/gravel surface up to 3" deep. and other non-structural improvements in the right-of-way) $5.00/square foot ("SF") Asphalt removal (2" thick average) 5.00/square yard ("SY") Concrete removal (6" thick average) 3.00/SF Backfill 15.00/cubic yard ("CY") Eight -inch limerock base 25.00/SY Ws 'tiitte -< CI '- ▪ - .711 f rl ry CD a. R7 r r CZ, en THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 17 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: Permanent paving (asphalt concrete and rock base) $ 2.75 30.00/SY 1" Milling and resurfacing (Superpave asphalt) 14.50/SY Aspbaltis-selasrete Superpave asphalt (only) 4 6018.00/SF Stamped/color asphalt concrete (only) 4 0018.00/SF Six-inch driveway paving (plain concrete) 540 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) 8:-50 $18.00/SF Six-inch concrete sidewalk (plain concrete) 2.50 8.00/SF Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) 18.50/SF Six-inch reinforced concrete protective slab 3-50 20.00/SF Eight„innh rink base 25 Decorative•7�•�swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) 8,5015.00/linear foot ("LF") sSod (St. Augustine or Bahia) 1-00 4.50/SY Per -Linear Feet OP N 14 Curb $10.00 15.00/LF Ca -,f,7 Valley gutter 42,0018.00/LF -0 N rri Curb and gutter 42,00 20.00/LF Zr) ~ Z Swale trench 35.00-200.00/SY 'it, r r- •• Pz C.3 Swale grading ...., 8.00/SY -'" Q' Exfiltration trench 70.00-200.00/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 frl C'7 frl C7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 18 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number. O coW r i z U Drainage structure (inlet, manhole, etc.) 2,000.00 3,000.00/each a o inZ o Decorative illumination pedestrian lighting (fixture/pole/mounting) 56,000.00 noa.w LL o Roadway lighting (fixture/pole/mounting )... 12,000.00/each z u z Street furniture (benches. waste receptacles, bicycle racks. etc. 500.00/each Lj m U 2 (d) Payment of amount of costs for restoration; issuance of permit; time for completion; o _ consequences of failure to complete street restoration. H 2 W W (1) Whenever any individual, company, or agency applies for a permit for work requiring 0 N disturbing, cutting into, digging up, drilling, boring under. or excavating excavation 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-eurotyin in the amount of one and a half of the cost of the restoration as calculated by the director of the department of resilience and public works The bond or surety shall be of one of the following types. a. A site restoration bond written by an approved domestic surety. Except for bonds for a Wireless Service Provider as defined in Section 337.401(7)(b)(13), Fla. Stat.. as amended, all bonds shall carry the name and address of a local representative?- be,fpr an initial period of one (1) year, and shall be automatically extended in increments one (1) year until the permittee and the surety company are notified in writing bath acceptance of the street restoration and closure of the permit. A site restora1orl bond for a Wireless Service Provider shall be time -limited to not more than 18 months after the construction to which the bond applies is completed and the Departmeniof c' Resilience and Public Works shall accept the Citv's addition to any existing bond, insurance policy, or other relevant financial instrument without condition excef asp consent to venue for litigation purposes (provided the same provides the regtfied amount of coverage). •, Q, b. Cashier's check. drawn on a local bank, to be returned to the permittee 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) The director of the Department of resilience and public works may establish written rules and procedures 211 n P1 P1 City of Miami Page 19 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right-of-way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of the Department of resilience and public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. (3) Upon receipt of the above -referenced surety, payment of the applicable permit fees, and completion of the appropriate application, the director of the Department of resilience and public works shall deliver a permit for the work, and shall determine when the work is to be completed, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of resilience and public works. The individualcompany, or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit and applicable permit conditions. (4) Upon proper completion of the work by the permittee, as determined by the director of the Department of resilience and public works in accordance with the requirements of this chapter and other applicable codes, including the above restoration, within the time prescribed by the permit, the director of the Department of resilience and public works shall cause the amount of the surety to be returned to the person, company or agency to whom the permit was issued. 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, apd 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.ditectof the Department of resilience and public works to the permitted individual, cQFnparr orrn agency, the forfeited monies shall be used to complete the work. Any cost ;in;exeess of the available forfeited monies shall constitute and become a lien against•the pr%ateL i real property if owned by said permitted individual, company, or agency, whith a ins<-z: or abuts the street or right-of-way for which the permit was issued. Any forfeited l rl monies remaining after restoration costs have been paid in full may be returned t5theD permittee if the reason for the delay has been due to causes beyond the control the permittee. Additionally, the director of the Department of resilience and public works may administratively establish and enforce written rules and procedures pertaining to the withholding of the issuance of new excavation -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 depaFtment 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 th (5) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 20 of 27 Fie ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: 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 Toss, 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 Toss to any property including the City, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default. liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants. or contractors. unless such act or omission is solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities. officials, employees. and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not be liable for any loss, iniurv, or damage to any personal property or equipment of the applicant. its employees, agents. contractors. business licensees, or invitees placed on City property, and its instrumentalities, and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic -control devices. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. 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 iointly and sevpjlly responsible, at each permit holder's sole expense, for any damages regarding restorincftie public right-of-way to its original condition before installation of facilities. The indt<l'nnificon shall survive termination of this permit/agreement. o --o rri (1) Non-govemmenfal applicants: Pfief-te4he-issuance-Of-any-eush-pemit7theEr,14n- $4-,-(X)07000700)-pec-ossurcense,--$2,080TGQ0700-aggc-egater-and-aily-endefsements Prior to the issuance of any such permit, the non-aovemmental 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, City of Miami Page 21 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: (f) personal and advertising injury, products. and completed operations. In addition, the applicant hereby agrees to provide additional insurance requirements as required by the City, including but not limited to umbrella liability, or any additional requirements or endorsements as may be applicable. in connection with the scope of services contemplated by the permit/agreement. The certificate must reflect primary and noncontributory language and list the City as an additional insured. The certificate must also include coverage for all owned, hired, and non -owned vehicles with a combined single limit of $500,000.00 per accident also listing the City as an additional insured. and must further afford coverage for worker's compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non-govemmental applicant(s) shall be subject to annual review by the City's Risk Management Department and the applicant shall be required to update as necessary to protect the City as set forth in this Section. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "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 meetin�e above rating requirements shall submit proof of reinsurance from qualifying insu having or exceeding the required rating criteria. ` ; c r— I Fl Certificates of insurance shall contain thirty (30) days as to changes or mo do rn with notice to the certificate holder. _ .. < (2) Govemmental applicants: Prior to the issuance of any permit, the goverritiiintat 171 applicant(s) shall submit to the city a certificate of insurance or letter of self rinsurance for each govemmental applicant in accordance with and subject to the limitations set forth in F.S. § 768.28. 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. Obstruction of the right-of-way. , separate permit shall be required pursuant to Section 54-3 for the permitted individual, (3) City of Miami Page 22 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: company or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. (g) Supervision by the director of the Department of resilience and public works. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or sidewalk pavements in the city shall be made under the supervision and direction of the director of the department of resilience and public works. * * * Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, , 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, paving roadway/parkway/shoulder area paving or resurfacing, building line and grade or sidewalk construction survey sidewalk cow, driveway construction, , utility placement/replacement/repair/removal, underground utility service connection excavation, groundwater monitoring wells installation/abandonment/reestablishment, permit renewals, after -the -fact permits, and inspections or reinspections, and any other work that proposes to disturb, cut into, dig up, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done within the city are hereby fixed as follows, unless the requirement of obtaining a permit or the imposition of a fee is prohibited by Section 337.401, Fla. Stat., as amended: (1) A non-refundable application fee of $50.00 and a non-refundable right-of-way assessment inspection fee of $50.00 shall accompany each permit application to the Department of Resilience and Public Works to be retained by the City regardless of action taken in the granting or denial of the permit. gy-4) Excavation permit: o€-$25.00. r- t , L. a. b 50 lineal feet or less $325.00 --("Ti b. a Each additional lineal foot 6.50 -nr,j c c. : Point exc tior c each excavation 295.00 "'` CI r ca f2} Sidewalk repair permit: fTl cp m O THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 23 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: a. 50 lineair feet or less 82.50 Z m z b. Each additional line*foot 1.65 o u LL(3) Sidewalk construction permit: n a p r:za a. 50 Iineair feet or less 252.50 m b. Each additional lineatr foot 5.05 a 0 LL 15_1.(4) Paving or resurfacing of travel lanes, parkway, or shoulder area permit: `-^ w 0 a. 50 lineatr feet or less 308.50 z m b. Each additional lineatr foot 6.10 u a 1- z I- LL(5) Line and grade (curb and gutter, sidewalk construction. and driveway approach) 0 aZ survey -permit, v) 2u.i review: H E N a. 50 lineatr feet or Tess 360.00 b. Each additional lineatr foot 7.20 a(6) Driveway approach construction permit, each driveway 115.00 (8) Utility permit: a. Utility placement/replacement/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 riaht-of-way (water, sanitary sewer, gas, electric, telephone, cable television, communication) 1. Each connection 295.00 c. Underground utility installation (watermain, sanitary sewer main, gas main, electric, telephone, cable television, communication, or stormwater) 1. 50 linear feet or less 325.00 2. Each additional linear foot 6.50 City of Miami Page 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 (9) Dewatering Permit Fees by days: 6 days or Tess 520.00 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 c. NPDES: 1. Field Compliance Check (Proactive and Reactive Inspections) - 0.5 up to 1 acre ... $1,000.00 2. Field Compliance Check (Proactive and Reactive Inspections) --1 acre and above ...2,000.00 3. Final - 0.5 up to 1 acre ...525.00 4. Final -1 acre and above...750.00 d. Utility (water, gas, electric, telephone, communication, cable television, sanitary sewer) 1. Initial inspection ...$75.00 2. Utility structure placement ...$75.00 3. Utility installation temporary restoration ...$75.00 4. Utility restoration limits determination ...$75.00 5. Utility final restoration ... $225.00 e. Reinspection fees: When additional inspection is required for work previously inspected and reiected by the Department of Resilience and Public Works, a reinspection fee will be required for each reinspection: $150.00 (11) {4-2) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date 445,AA 150.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 25 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7834 Enactment Number: A new application and reactivation fee shall be required for expired permits at a rate of 25 percent of the original permit fee, calculated at based on the current fee schedule . (b) Permit fees will be computed only for the primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the Department of resilience and public works 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 germittees working in the public right-of-way must resolve all open violations, unpaid fines, and/or unpaid fees in order to apply for or receive any new permits. ieLf3 Upon receipt of a written request from a non -revenue generating government agency, such as Miami -Dade County's Department of Transportation and Public Works, Ppermit fees under this section may be waived, by the city manager or designee for roadway improvement projects 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. afe)-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 gnegged in the following particulars: =r; N All "CHAPTER 62 r.4" r rn oz N C7 PLANNING AND ZONING rn rn -v * * * * Z� 3 rn ARTICLE II. — COMPREHENSIVE PLANNING ca 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 THIS DOCUMENT IS A SUBSTITUTION TO City of Miami Page 26 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: W !— ARTICLE VI. -ZONING AND PLANNING FEES z co W * * * * O CQJ D ..� U 1= Q o zo Sec 62-22. Schedule of fees. m H (5) Temporary uses and occupancies permits. H o I- c. Interim parking lot permit: Y c 2.Department of resilience and public works review 295.08 525.00 ? m W * • *" QI- zQ Section 7. If any section, part of section, paragraph, clause, phrase, or word of this Hoc Lai Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. _ 0 N Section 8. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 errf1 CD 14i y r" LC :h WJ OZ Ifni' ezo 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: 7/20/2020 City of Miami Legislation Ordinance: City Hall 3500 Pan American D Miami, FL 331 3 www.miamigo on File Number: 7634 Final A• ion Date: SPO 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", CHi 'TER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TI "ADMINISTRATION/CODE ENFORCEMENT/SCHED PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE "GREEN INITIATIVES/SOIL EROSION, WATER AND AIRBORNE DUST GENERATION CONT THE CITY CODE, TITLED "STREETS AND S CHAPTER 62/ARTICLE II/SECTION 62-12 "PLANNING AND ZONING/COMPREHE PROVIDING FOR RESILIENCE AND P ("DEPARTMENT") FEES FOR INSP PLANS FOR COMPLIANCE WITH NO. 13114, AS AMENDED, TH OF MIAMI, FLORIDA; BY PR ADJUSTED DEPARTMENT AND RECORDATION OF PREVENTION PLANS, REVIEWS, PROCES QUITCLAIM DEED OTHER DOCUM PROVIDING F INDEMNITY FURTHER SECTIO VIOLA CON EF ED E OF CIVIL ITY CODE, TITLED Y SEDIMENTATION, L", CHAPTER 54 OF EWALKS", AND F THE CITY CODE, TITLED IVE PLANNING/FEE," BY BLIC WORKS DEPARTMENT TIONS AND EXAMINATIONS OF E PROVISIONS OF ORDINANCE ONING ORDINANCE OF THE CITY IDING FOR BOTH NEW AND ES RELATED TO THE PROCESSING TS, STORMWATER POLLUTION GHT-OF-WAY PERMITS, DEVELOPMENTAL G OF DEEDS OF DEDICATION AND AND FOR THE PROCESSING AND REVIEW OF TS CONDUCTED BY THE DEPARTMENT; STANDARDS FOR INSURANCE COVERAGE AND APPLICANTS IN CONNECTION WITH SUCH PERMITS; OVIDING FOR ENHANCED PENALTIES PURSUANT TO 62.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL NS RELATED TO THE PUBLIC RIGHT-OF-WAY; INING A SEVERABILITY CLAUSE; PROVIDING FOR AN CTIVE DATE. R(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as ended ("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 Page 1 of 27 File ID: 7634 (Revision:) Printed On: 7/23/2020 SUBSTITUTED 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 development requirement uch as soil erosion, dust control, and Florida -friendly fertilizer usage; and WHEREAS, Chapter 54 of the City Code provides the fee schedule for t right-of-way permits; and processing of WHEREAS, Chapter 62 of the City Code provides the fee for insp= ions and examinations of plans by the Department for compliance with the provis. ns of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amende ("Miami 21 Code"); and WHEREAS, currently, the fees referenced in Chapter 2, C . pter 22.5, Chapter 54, and Chapter 62 of the City Code do not sufficiently cover the averag cost of City of Miami ("City") staff to perform the processing of said documents, permits, in ections, and related work; and WHEREAS, it is in the best interest of the City to a end Chapter 2, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code to adjust s 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• e various approvals, permits, and other regulatory requirements as more specifically pro •ed for herein; and WHEREAS, it is the intention of the not to construe this Ordinance in such a way so as to conflict with State law, including, spe• wally, Section 337.401, Florida Statutes, regarding permissible permit requirements and fee or certain communications providers; and WHEREAS, the additional en ► : nced civil penalties for violations of these Sections of the City Code are necessary to ensure ompliance 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, THER ' ORE, 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 -rence 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:1 "CHAPTER 2 ADMINISTRATION 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. 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 work The director of resilience and public works is hereby authoriz promulgate rules and regulations establishing minimum standards improvement, repair, maintenance of streets, sidewalks, alleys, I other public highways, sewers-stormwater management syste canals, streams, watercourses, seawallsboulevards, squar grounds belonging to the city or dedicated to public use or any other right of use whatsoever, and to establish, ame comprehensive minimum standards, plans, drawings, construction, development, improvement, repair and authority, whether on or above or below the surfa constructed by any federal or state political subdi Sec. 2-266. Functions of department -General The functions of the Department •. the permitting, oversight, inspection, m those public works projects carried o and mobility functions, and all dutie engineering and the division of str of public service. These functio resilience and public works Sec. 2-268. Fee for of -way dedication d allowing the use o and directed to ertaining to the construction, es, bridges, viaducts and drains, ditches, culverts, and other public places and ned by the city as an easement or , publish and enforce uniform and ecifications and control of the design, cation of all public works under his/her f the land or water, whether financed or sion or private person, firm or corporation. resilience and public works department -shall include agementl and supervision of all public works, including the public right-of-way, right-of-wav permitting, transit nd functions heretofore a part of the department of ts, bridges and sewers heretofore a part of the department and duties are hereby transferred to the Department of and shall be carried on by such department. pr• saration of documents containing covenants to run with the land, right- = • s, quitclaim deeds, waiver of fee; fee for preparation of documents ublic right-of-way by private entities; recording fee. (b) Excep s more specifically described in this Section, For for the preparation and processing of legal • •currents, including, but not limited to, subdivision improvement bonds and hold harml =s agreements, quitclaim deeds with the Citv as grantor, and any agreement allowing the use public right-of-way by private entities, excluding permits, a fee of $277-50.00 $2,800.00 sh be collected by the director of resilience and public works. (c) For the preparation and processing of a right-of-way dedication deed, the fee shall be as follows: City of Miami Page 3 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enacbnent Number: 1. Properties that receive a homestead exemption pursuant to Article VII, Section 6(a) the Florida Constitution with the right-of-way being enlarged by the dedication not pa, of the County or State road system ... $0.00 2. All other properties ... 1,125.00 (e) 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, reviewing and pro • -ssing certain platting exception approvals, and recording plats submitted for appr al of the city, including the inspection of the permanent reference monuments set in e field, are hereby fixed as follows: (1) Platting determination. Platting determination or etermination on folio separation $695.00-$850.00 (2) Platting exception submittal pursuant to S ion 55-10(c) of the City Code 975.00 42 Recording plat. a. To -accompany For submi - I of tentative plat without closure and vacation/release of one or -'ore right(s)-of-way or easement(slapplicatien 1,,800.003,200.00 b. For submittal of te► ative plat where the land being platted is 10,000 square feet or Tess and is elv within a T3-R Transect Zone without closure and vacation/release one or more riqht(s)-of-way or easements 1,800.00 c. For submi - I of tentative plat with closure and vacation/release of one or more right(s)-of- y or easement(s) 5,000.00 bd. For - - : • resubmittal of tentative plat for a xtension of time 900.002.400.00 For fesubmissiert resubmittal of tentative plat by different owner .900.002.400.00 df. For resubmission resubmittal of tentative plat with new boundary without closure and vacation/release of one or more right(s)-of-wav or easement(s) 000,003 200 00 fa For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more riqht(s)-of-way or easement(s) $,000.00 City of Miami Page 4 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 agencies. (c) The fees to be charged for an expedited review for processing to plats submitted for approval of the city, including inspection of the monuments set in the field, are fixed as follows: File ID: 7634 Enactment Numb : eh. To accompany final plat when submitted for recording 003,70 (34) Extending subdivision improvement time limit. For each time limit extensio for completion of subdivision improvements required in conjunction with a re 295.00 or, five percent (5%) of the subdivision improvement bond amount, w granted ded plat i ► ever is greater. (b) The processing fees required by subsection (a) may be waived for gov= mental entities and N m tive plats and recording rmanent reference Outside source review fee: Actual cost plus 20 percent admi - trative fee for processing. (d) Fees to be charged pursuant to subsections 55-150) d 55-15(j) providing for an alternative method for the closure or vacation of alleys which abut . arcels of land zoned solely residential. Application fee $62640$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. (e) Fees to be charged pur ant to Subsection 55-15(e) providing for an altemate method for the closure or vacation o - platted easement $2,000.00 (f) Fees to be charge pursuant to Subsection 55-15(1) providing for an alternate method for the closure or vacation •f emergency access easement $2,000.00 (g) Fees to be ► arged pursuant to Subsection 54-4.1(b) providing for a release of utility easement re- rvation ..... $2,000.00 c. 2-272. GenetFustien-plan-Plan ehesking review fee. (a) The fees to be charged by the Department of resilience and public works --department for processing and check -reviewing private development conbstien-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: 7/23/2020 File ID: 7634 Enactment N ber: (1) Fence, wall, slab, or sign $50.00 (2) Underground tank permit 155.00 (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, remodeling, renovation, repair, or addition permit: New multi -family residential (44 acre) 940.00 New commercial (<'/Z acre) 1,043.00 New multi -family residential (2Y2 acre and <1 acre) .. ,520.00 New commercial (Z'/z acre and <1 acre) 1,650. Large development (residential/commercial >_1 = cre) 2,775.00 (5) Subdivision improvement engineering (6) Review and marking of Base Buildi n 1,800.00 Line On signed/sealed Bounda urvey 125.00 For Planning/Zoning ap - [cations 250.00 (7) Underground utility inst.. ation 295.00 (8) Underground utility --rvice connection, utility structure placement 75.00 (9) Monitoring well soil borings, coring/sampling, utility locates, minor non -utility excavations 3 (10) Building .00 nstruction/maintenance (scaffolding, crane, dumpster) 225.00 (11) Righ f--way closure (temporary traffic control, temporary construction fence) 75.00 (12) s-built plan a. Stormwater 650.00 b. Line and grade, pavement, sidewalk, curb and qutter.....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 Numb 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 0 c. Underground utilities 300.00 d. Aboveground utilities 200.00 e. Non-standard improvements (pavers, lighting, irri' tion, tree grates, etc.) 175.00 (b)The fees to be charged by the department of resilience an reviewing plans for work in the right-of-way that is not relat submitted for approval of the city are hereby fixed as follo (1) Underground utility installation $295.00 public works for processing and to a private development s: (2) Underground utility service connection dtility structure placement 75.00 (3) Monitoring wells, soil borings, corin• sampling, utility locates, minor non -utility excavations 350.00 (4) Street construction (sidewalk r pair, sidewalk construction, curb and gutter, roadway paving, roadway resurfacing) ... 195.00 (5) Building construction/m tenance (scaffolding, crane, dumpster) 225.00 (6) Right-of-way closure emporary traffic control, temporary construction fence) 75.00 (7) As -built plan a. Sto ater 650.00 b. L. e and grade, pavement, sidewalk, curb and gutter 375.00 Underground utilities 650.00 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 Enactment Numb 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, Iightin 175.00 irrigation, e grates, etc.) (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 city. e services will cover the resilience and public works department expedited review - d shall be in addition to any and all other applicable permit fees. Outside source review be the preferred method. Outside source review fee: Actual cost plus 15 p cent* *Fifteen percent is the administrative fee to er the cost of processing. In-house review fee not to exceed four rs: $350.00 (edj The fee required under this section ay be waived by the director of resilience and public works for govemmental entities • nd agencies. * * * Section 3. Chapter 2/Article X/of e City Code, titled "Administration/Code Enforcement", is further amended in the followin• •articulars: RTICLE X — CODE ENFORCEMENT Sec. 2-829. Schedu of civil penalties. CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED * * * * Code Sec 2 Description of Violation Unlawful discharge of petroleum products into City stormwater management system-er-say-sewers. 49-3 Unlawful discharge of human excreta. 49-4 Unlawful discharge of wastewater from construction excavation into city stomiwater management Civil Penalty $21-0.001,000.00 525.00 204301.000.00 W H 1- p tn City of Miami Page 8 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: 49-5 54-3 54-3 54-8 54-8 54-9 r 54-12 54-14 r 54-41 54-42 systemsewer. Discharge or dumping of septic tank contents into city stormwater management system . Failure to obtain permit to obstruct street, or sidewalk or impede traffic or failure to pay usage fee. Daily usage fee will be required to be paid in addition to payment of the applicable penalty Failure to comply with conditions set forth by such permit, each violation. Unlawful use of street or sidewalk for advertising or display purposes. Failure to obtain permit for lawful advertising or display the public right-of-way. Placing signs on street or sidewalk surface. Placing glass or other injurious substances on eets. Failure to remove utility facilities to permit im - ovement of streets. Failure to notify public works 24 hours p • r to commencing construction. Disturbing, cutting, digging or ex ating any portion of the public right-of-way without - ermit. 54-44 Failure to construct sidewal 154_47 Failure to obtain approv •f location and construction of driveway. r Refusing to allow spection. 54-48 54-48 54-51 54-52 54 54-56 54-57 Failure to ply with stop work order, Fail e to obtain proper street grade and lines. 526:801,000.00 2?501 000 and 250.0 thereafte minimum er da 250.00 250.00 262,60250.00 262,50250.00 52.50 52,60250.00 52.58250.00 240 001,000.00 minimum and 250.00 per day thereafter ith standard material. 162,68250.00 62.50250.00 106,801,000.00 minimum and 250.00 per day thereafter 240 001,000.00 minimum and 250.00 per day thereafter ailure to lay sewers, water and gas mains, telephone and electrical conduits prior to street improvements. Allowing sidewalks to remain in dangerous condition. Failure to construct, reconstruct, or repair the street improvements. Obstructing streets or sidewalks with trash lumber or other 52,581,000.00 minimum and 250.00 per day thereafter 248:80250.00 52,501,000.00 minimum and 250.00 per day thereafter 262-.,68250.00 52.58250.00 City of Miami Page 9 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: obstructions. r Failure to obtain proper permits or authorization for 54-86 placement of a bench or a shelter upon public right-of- way. 54-91 54-92 54-93 Failure to maintain proper clearances for placement of a bus bench or shelter. Failure to properly maintain a bench and/or shelter. Failure to comply with bench and/or shelter size requirements. -94 Failure to properly display name/address, and local 154 telephone number of bench and/or shelter company. 54-132 Failure to properly affix numbering to building as - fired. Unlawful placement of any sign designating st - , avenue 54-134 or other public place by a different name than , which it is generally and legally known. 54-135 54-193 Defacing or removal of any street signs •osted in the city. Unlawful construction or installatio of an encroachment within the dedicated right-of-way • r within the undedicated right-of-way. 54-221 j Operating a sidewalk cafe hout a permit. 54-263 54-266 52.501 000.00 min'' um and 250.00 • er d thereafter 62:601 000. and 250.0 thereaft 0.00 1,000.00 minimum d 250.00 • er da hereafter minimum r da 52.50 105.00 62,501,000.00 minimum and 250.00 per dav thereafter 52,501,000.00 minimum and 250.00 per dav thereafter 210:001,000200 minimum and 250.00 per day thereafter 125.00 Placing, maintaining, or • aerating newsrack on any public right-of-way without a • -rmit. Installation, use an• '•r maintenance of nonconforming newsracks. 54-268 ;Allowing a ne 154-300 Failure to o 52.68250.00 rack to remain in a state of abandonment. in telecommunications permit agreement. 52.60250.00 525.00 62.50 ection 4. Chapter 22.5/Article VI of the City Code, titled "Green Initiatives/Soil Erosion, Wat ay Sedimentation, and Airborne Dust Generation Control", is further amended in the fol .< ing particulars:1 "CHAPTER 22.5 GREEN INITIATIVES City of Miami Page 10 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Numb ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE ► ST GENERATION CONTROL Sec. 22.5-127. Administrative fee. As a condition precedent to the issuance of any resilience and public works building, or demolition permit for a construction project which will disturb 0 soil, the applicant shall pay the city a stormwater utility fee of $ generated as a result of this article shall be deposited into the stormw the general fund for the stormwater management system and shall program and to further the city's efforts prevent pollution of storm * *" oning, planning, acres or more of 39� 8959' .00. All fees and fines r utility fee account in used to administer this er systems. Section 5. Chapter 54 of the City Code, titled "Stre s and Sidewalks", is further amended in the following particulars:1 "CHAPTER '4 STREETS AND - IDEWALKS * ARTI E 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, such -as (any work including, b not limited to, digging, drilling, repaving, installing or maintaining utilities, etc.), which <, • structs, 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 movem t of vehicular or pedestrian traffic, without first having obtained a permit approved by t police department, the Department of resilience and public works department, ' e off-street parking department, the risk management department, the neighborhood enhancement team department, and the transit and mobility • ision. After approval by the departments of police, resilience and public works, off-str-: parking, risk management, neighborhood enhancement team and the 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 SUBSTITUTED City o1 Miami Page 11 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 remedies to enforce this disclosure provision. Except for applications for p its by non - revenue generating government 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 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 worksor due to 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 pemnit shall be acc• panied by a notice, mailed to the person(s) applying for the permit, notifying them of th - outstanding fines owed by those attempting to perform the work on their behalf and -ting the amounts owed. (c) Indemnity, hold harmless and insurance. Applicant agrees to indenify, defend, and hold harmless the City, its officials, employees, agents, and, applicable, its instrumentalities, and each of them from and against all loss, cost, p alties, fines, damages, claims of any nature, including expenses and attorneys' fees, - d any and all liabilities by reason of injury to or death of any person, damage to, destruc ' • n, or loss to any property including the City, its instrumentalities, its officials, employe , and agents arising out of or in connection with the performance or non-performan of the services contemplated by this permit/agreement which is directly or indirectly cau • , in whole or in part, by any act, omission, default, liability, or negligence, whether act e or passive of the applicant, its employees, agents, servants, or contractors, unless suact or omission is solely caused by the City, its instrumentalities, officials, employ= s, and agents. The applicant further agrees to indemnify, defend, and hold harml:_s the City, its instrumentalities, officials, employees, and agents against all liabilities whi may be asserted by an employee or former employee of the applicant, or any of its co - ractors as provided above, for which the applicant's liability to such employee or former ployee would otherwise be limited to payments under workers' compensation or similar aws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees. or agents, the City shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on City property and its instrumentalities and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all its activities and for the SUBSTITUTED City of Miami Page 12 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: installation and maintenance of traffic -control devices, if applicable. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of th= permit. It shall be a further condition precedent to the issuance of any such permit f•- work to be performed in the public right-of-way that the permit holder(s) is/are jointly an severally responsible, at each permit holder's sole expense, for any damages r- ardinq restoring the public right-of-way to its original condition before installation of f- , lities. The indemnification shall survive termination of this permit/agreement. (1) Non-govemmental applicant(s). Prior to the issuance of any such • rmit, the non- governmental 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,I.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 #pest -liquor liabilityr-if-applisable-.-In addition, the applicant hereby a• es to provide additional insurance requirements as required 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 7000,000.09 500,000 per accident, also listing the city as an additio- -I insured, and must further afford coverage for worker's compensation including wa er of subrogation subiect to the statutory limits of the State of Florida . - - - - - - - - . _ - -. The insurance herein required shall remain in full force and effect • 4 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. All insurance policies req ed above shall be issued by companies authorized to do business under the law of the State of Florida with the following qualifications: The company must •e rated no less than "A-" as to management and no less than Class "V" as to fi : ncial strength by the latest edition of Best's Insurance Guide, published by A. . Best Company, Oldwick, New Jersey, or its equivalent subject to the approval oft City's Department of Risk Management. Companies not meeting the above ratin' requirements shall submitproof of reinsurance from qualifying insurers having or -xceeding the required rating criteria. Certif ates of insurance shall contain thirty (30) days as to changes or modifications wit otice 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 for each governmental 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. City of Miami Page 13 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Enactment Numbe File ID: 7634 (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 departs subject to a sarate 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 $26240 $250.00 per day for each violation. If the dimensions of the obstruction exceed the dimensions allow: by the permit, the permittee and the budding owner shall jointly be assessed a fine a ual to $26250 $250.00 per day for each violation, plus any appropriate addit•. 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 thm- he statestatinq that no other suitable, onsite alternative exists. For purposes of this section, the following defini ins shall apply: 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 visuaVd 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 •Iy 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 entertment 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. (3) (5) SUBSTITUTED City of Miami Page 14 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Enactment Number: File ID: 7634 (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 gran or denial of the permit. (2) An non-refundable application fee of $50,80 $95.00 and a non-refundable in al inspection fee of $50.00 shall accompany each permit application to the De, - rtment of resilience and public works department, to be retained by the city regardl- s of action taken in the granting or denial of the permit. (3) Non-refundable plan review fees in accord ce with Section 2- 272 of the City Code shall be paid upon completion of reviews d prior to issuance of all right-of-way closure permits. In the case of an applican ancelling an application or the City cancelling an application due to the - •plicant becoming non- responsive and ultimately abandoning a permit applicatio- after plan reviews are completed, these fees will be applied to an applicant's - count and must be paid in order to avoid being in violation of Sections 54-3 and '4-42 of the City Code. (4) A non-refundable public right-of-way usage fee • r the partial or full obstruction by construction or maintenance related activities a. $0.25 $0.30 per linear foot per day of si- '-walk/curb/swale usage. b. $0.35 $0.40 per linear foot per day o • arking lane usage.* *This fee is in addition to fees pay- • le under chapter 35 of this Code, as amended. (5) c.--WAG $0.45 per linear foot per and auxiliary lane usage. All fees shall be p . d prior to permit issuance. y of lane closure or partial lane closure of traffic A non-refundable fee for - emporary office, trailer, portable toilets, equipment or storage of materials, con uction spoils, and/or supplies within the partial or full obstruction area shall b- as follows: a. —$80 $0.15 per near foot per day of sidewalk/curb/swale usage. b. $0.15 $0.20 • : r linear foot per day of parking lane usage. c. —$040 $0.2 per linear foot per day of lane closure or partial lane closure usage. II fees shall be paid prior to permit issuance. (6) A non-r: undable fee of $0.06 $0.10 per square foot per day of construction fence screen . r construction windscreen containing advertising affixed to temporary cons ction fence located abutting the public right-of-way or in the public right-of-way. All -s shall be paid prior to permit issuance. (7) II fees collected by the Department of resilience and public works, department 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. SUBSTITUTED City of Miami Page 15 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Numbe (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) shalt not apply to the city or any other non -revenue generating government or school district entity, or while construction, excavation, and rep work 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 may be waiv or reduced by the city commission if the commission determines that such - aiver or reduction is in the city's best interest. After -the -fact permit fee. For any public street or alley closure desc ' •ed in section 54- 3, performed without the required permits and inspections, quadru • the amount of all permit fees, application fees and inspection fees as described in bsections (e)(1) through (e)(6) herein. (9) * * * ARTICLE II. — CONSTRUCTION, EXCAVATIO , AND REPAIR * * * Sec. 54-42. Excavations. Permit required for disturbing utting into, digging up, drilling, boring under, or excavating any public street, swale, or side = Ik; cost of restoration; obstruction of rig ht-of-way. (a) Permit required. Except as provided in su • ection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or e -vate any public street, swale, or sidewalk, whether the same is paved or unpaved • r to cause the same to be done, application shall be made to the director of the depart -nt of resilience and public works for permission therefore. No person shall apply for permit to perform or conduct work in the public right- of-way without disclosing in writin• on the permit application form the person(s) on whose behalf such work in the public ri ' `t-of-way is being performed or conducted. If such work is being performed by one (1) or ore person(s) on behalf of any other person(s) for using, constructing, excavating, m . ` taining, owning or operating any type or manner of system, equipment, or device withithe public right-of-way, then both/all persons must comply with all application and perm ng requirements of the city. Failure of any person(s) to fully disclose his/her/their i rest/participation/representation in the permit application or to fulfill all city requirements '•r issuance of the permit shall result in (1) an immediate revocation by the city of any ex ation permit previously granted resulting in such permit becoming null and void (withou e necessity of any further action, hearing or proceeding), or (2) issuance by the city of a ritten notice that such permit will not be granted, as the case may be, due to violation o his provision by the person(s) who applied for such permit. The city shall have the n' t to take all legal measures and seek all available remedies to enforce this disclosur 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 person(s) or those performing the wo on their behalf currently owe outstanding fines, debts, or delinquencies to the city r= -ted to prior permits issued by the department of resilience and public works. If such utstanding 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 City of Miami Page 16 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Num -r: restoration of the public right-of-way to a condition satisfactory to the city, and any on 4 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 contin g maintenance and restoration agreement, registration, or a franchise agreement, as ap - !cable 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 Dep 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 fmultiple water and sewer installations shall be submitted to the director of the P-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 Departmen •f resilience and public works shall calculate the cost of fully restoring the street or si• 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: R Feet Clearing and q • bing (removal of sod, shrubs, ground cover plantings, trees less than 4" di eter, rocks up to 501bs each, topsoil/gravel surface up to 3" deep, and o er non-structural improvements in the right-of-way) $5.00/squ e foot ("SF") Asph removal (2" thick average) 5.00/square yard ("SY") C. crete removal (6" thick average) 3.00/SF Backfill 15.00/cubic yard ("CY") Eiqht-inch limerock base 25.00/SY Permanent paving (asphalt concrete and rock base) $ 2.75 30.00/SY 1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY Asphaltic-sencrete Superpave asphalt (only) 1,50 18.00/SF Stamped/color asphalt concrete (only) 4 0018.00/SF SUBSTITUTED City of Miami Page 17 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number Six-inch driveway paving (plain concrete) 6:00 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textured/color concr e etc.)0 $18.00/SF Six-inch concrete sidewalk (plain concrete) 2.50 8.00/SF Decorative sidewalk (bricks, pavers, stamped/textured/color ncrete, etc.) 18.50/SF Six-inch reinforced concrete protective slab 350 20 i/SF Backf hl 1.00 Eight inch rock bace 1.25 Decorative swale paving (bricks, pavers, latti ' - , concrete swale blocks, etc.) 8 5015.00/linear foot (°LF") sSod (St. Augustine or Bahia) 1,80 ''.50/SY Per -Linear Foot Curb $1 0015.00/LF Valley gutter 4-2:0018./LF Curb and gutter 20.00/LF Swale trench - - 200.00/SY Swale grading .. 8.00/SY Exfiltration tr' ch 70.00-200.00/LF Solid Pi 1,500. up to 24" RCP, HP -PP, or dual wall HDPE with water -tight joints /LF So • Pipe > 24" 200.00/LF minimum or at the discretion at of the Director of P - .lic Works . Drainage structure (inlet, manhole, etc.) 27000.00 3,000.00/each Decorative illumination pedestrian lighting (fixture/pole/mounting) 66,000.00 Roadway lighting (fixture/pole/mounting )... 12,000.00/each City of Miami Page 18 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Numb Street furniture (benches, waste receptacles, bicycle racks, etc. 500 0each (d) Payment of amount of costs for restoration; issuance of permit; time for comple on; consequences of failure to complete street restoration. (1) Whenever any individual, company, or agency applies for a permit for . rk requiring disturbing, cutting into, digging up, drilling, boring under, or excavati . excavates of a street, swale, sidewalk, or other public right-of-way, or easement, - - required by subsection (a) of this section, the individual, company, or agenc hall deliver to the director of the department of resilience and public works a bon - or surety a -sleet -in (2) in the amount of one and a alf of the cost of the restoration as calculated by the director of the departme ► of resilience and public works - The bond or surety sh be of one of the following types. a. A site restoration bond written by an ap' oved domestic surety. Except for bonds for a Wireless Service Provider as defined i- Section 337.401(7)(b)(13), Fla. Stat., as amended, all bonds shall carry the name d address of a local representative, be for an initial period of one (1) year, and sh be automatically extended in increments of one (1) year until the permittee and t surety company are notified in writing of the acceptance of the street restoratio nd closure of the permit. A site restoration bond for a Wireless Service Provider s :11 be time -limited to not more than 18 months after the construction to which the b• d applies is completed and the Department of Resilience and Public Works - all accept the City's addition to any existing bond, insurance policy, or other r= -vent financial instrument without condition except as to consent to venue for litiq- on purposes (provided the same provides the required amount of coverage). b. Cashier's the , drawn on a local bank, to be retumed to the permittee on acceptance of the reet restoration and closure of the permit. c. lrrevocab letter of credit drawn on a local bank, valid for an initial period of one (1) year, with-utomatic renewal in increments of one (1) year until the pemiittee and the issuing ' , nk are notified in writing of the acceptance of the street restoration and the closu, of the permit. 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. SUBSTITUTED City of Mimi Page 19 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: (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-wor 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 trequirements 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 resil 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 or age, y fails or refuses to complete the work, including restoration, within the tim - specified by the permit and/or applicable permit conditions, all payments, including e above -referenced surety, shall be deemed forfeited. The director of the Departme► of resilience 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 0) days of written notice by the director of the Department of resilience and public w , rks to the pemiitted individual, company, or agency, the forfeited monies shall be u d to complete the work. 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 retumed 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 -ante of new excavation 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 department 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- `rrdess, and insurance. It shall be a condition precedent to the issuance of any such per that the-appticarer s during the term of the parr„it applicant agree to emnify, defend, and hold harmless the City, its officials, employees, agents, and, if pplicable, 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 City of Miami Page 20 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Numb 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 whol- part, by any act, omission, default, liability, or negligence, whether active or passiv- applicant, its employees, agents, servants, or contractors, unless such act or omi solely caused by the City, its instrumentalities, officials, employees, and agents. applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and agents against all liabilities whic asserted by an employee or former employee of the applicant, or any of it provided above, for which the applicant's liability to such employee or fo would otherwise be limited to payments under workers' compensation • addition, the applicant understands and agrees that except where ca negligence or misconduct of the City, its instrumentalities, officials, the City shall not be liable for any loss, injury, or damage to any equipment of the applicant, its employees, agents, contractors, invitees placed on City property, and its instrumentalities, and applicant thereof. The applicant shall be solely responsible f installation and maintenance of traffic -control devices. Th adequate safety precautions are in effect at all times dur be a further condition precedent to the issuance of any performed in the public right-of-way that the permit h responsible, at each permit holder's sole expense, public right-of-way to its original condition before shall survive termination of this permit/agreeme' (1) Non-govemmental applicants: r in of the ion is he ay be ontractors as er employee similar laws. In ed by the ployees, or agents, sonal property or siness licensees, or all be at the risk of the all activities and the pplicant shall ensure that g the term of the permit. It shall uch permit for work to be er(s) is/are jointly and severally r any damages regarding restoring the stallation of facilities. The indemnification Prior to the issuance of any such permit, the non-govemmental applicant shall submit to the City a certificate of insurance for each non - govern -ntal applicant in an amount not less than $1,000,000.00 per occurrence, $2,001 '00.00 aggregate, and any endorsements thereto, including, but not limited to, pre es and operations liability, contingent and contractual exposures, XCU hazards, pe onal and advertising injury, products, and completed operations. In addition, the plicant hereby agrees to provide additional insurance requirements as required by e 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 SUBSTITUTED City of Miami Page 21 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Nu er: single limit of $500,000.00 per accident also listing the City as an additional ins -d and must further afford coverage for worker's compensation including waiver • subrogation subject to the statutory limits of the State of Florida. The insura herein required shall remain in full force and effect during the entire term of the p mit. Additionally, all such insurance for non-govemmental applicants) shall • subject to annual review by the City's Risk Management Department and the ap•- cant shall be required to update as necessary to protect the City as set forth in thi - ection. All insurance policies required above shall be issued by compani'' authorized to do business under the laws of the State of Florida with the followi qualifications: The company must be rated no less than "A-° as to manaq = ent and no less than Class "V' as to financial strength by the latest edition of st's Insurance Guide, published by A.M. Best Company, Oldwick New Jerse •r its equivalent subject to the approval of the City's Department of Risk Managem . Companies not meeting the above rating requirements shall submit proof of rei rance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirty (3, days as to changes or modifications with notice to the certificate holder. (2) Governmental applicants: Prior to the i uance of any permit, the govemmental applicant(s) shall submit to the city a cificate of insurance or letter of self-insurance for each govemmental applicant in ordance with and subject to the limitations as set forth in F.S. § 768.28. Additional pemait conditions: It all be a condition precedent to the issuance, to both govemmental and non-gove ental applicants, of any permit for work to be performed in the public righ 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) acceptance 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• e 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. (f) Obst tion of the light -of -way. (3) •arate permit shall be required pursuant to Section 54-3 for the permitted individual, ompany or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. City of Miami Page 22 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File 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 of the department of resilience and public works. Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, • - ving or resurfacing of roadway, parkway or shoulder area, building line and grade s ey, sidewalk construction survey, driveway construction, , 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 department for right-of-way or street excavation, sidewconstruction or repair, paving , roadway/ . arkway/shoulder area paving or resurfacing, building line and grade or sidew- construction survey sidewalk construction, driveway construction, , utility placement/replacement/repair/removal, unde ; ound utility service connection excavation, groundwater monitoring wells i tallation/abandonment/reestablishment, permit renewals, after -the -fact permits and spections or reinspections, and any other work that proposes to disturb, cut into, di• p, or excavate any public street, swale, or sidewalk, whether the same is paved • unpaved, or to cause the same to be done within the city are hereby fixed as foil• s, unless the requirement of obtaining a permit or the imposition of a fee is prohibite• •y Section 337.401, Fla. Stat., as amended: (1) A non-refundable application f assessment inspection fee of $ Department of Resilience an action taken in the granting f $50.00 and a non-refundable right-of-way .00 shall accompany each permit application to the ublic Works to be retained by the City regardless of denial of the permit. 214}Street-excavation-Ex • = vation permit: of $25.0O. a. b 50 lineal fs 'tor less $325.00 b.-en Each a • • itional lineal foot 6.50 c. d each xcavation 295.00 1. 50 lineal feet or less of excavation 125.00 21 Sidewalk repair permit: a. 50 lineair feet or less 82.50 b. Each additional lineair foot 1.65 .(4)_(3) Sidewalk construction permit: a. 50 linealr feet or less 252.50 Point excavation, SUBSTITUTED City of Miami Page 23 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Nu ; • er: b. Each additional lineatr foot 5.05 j(4) Paving or resurfacing of travel lanes, parkway, or shoulder area permit: a. 50 IineaIr feet or Tess 308.50 b. Each additional lineatr foot 6.10 (6) (5) Line and grade fcurb and gutter, sidewalk construction, and drive ay approach) grey -permit, review: a. 50 linealir feet or less 360.00 b. Each additional lineatr foot 7.20 7u,{6) Driveway approach construction permit, each drivew 115.00 pedestals, vaults, and auger holes) 295. (8) Utility permit: a. Utility placement/re • :cement/repair/removal (poles, splice pits, bore pits, manholes, handho s, drainage catch basins/inlets, pedestals, vaults, cabinets, etc.) 1. First • a City block ..... $295.00 2. Ea additional on same block, same permit 29.50 b. Undergro -nd utility service connection from base building line to the utility located within t? - public right-of-way (water, sanitary sewer, gas, electric, telephone, cable televi- on, communication) 1. Each connection 295.00 c. nderground 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 d. Soft dig utility locates, soil borings, soil/asphatt/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 SUBSTITUTED City of Miami Page 24 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 Enactment Number File ID: 7634 (9) Dewatering Permit Fees by days: 6 days or Tess 520.00 7-30 days 636,80-750.00 31-90 days 980.00 1.000.00 (10) Inspection fees: a. Stormwater: 1. Stormwater Inspection permit fee includes initial inspect • during the excavation process and final inspection of a proposed • rmwater management system in the public right of way ... $171 00 2. Pipe/Structure Bedding and Layout ...$160.00 3. SW System Partial Backfill and Compaction $160 00 4. SW System Final - Backfill, Compaction, Interi• Mud Work, and Pipe Lamping $300.00 b. Dewatering: 1. Initial ...$160.00 2. Final ...$160.00 (1 c. NPDES: 1. Field Compliance Check (Proa• ve and Reactive Inspections) — 0.5 up to 1 acre ...$1.000.00 2. Field Compliance Check (Pr• • ctive and Reactive Inspections) —1 acre and above ...2.000.00 3. Final — 0.5 up to 1 acre 25.00 4. Final —1 acre and abo ...750.00 d. Utility (water, qas, el ric, telephone, communication, cable television, sanitary sewer) 1 Initial inspe► on ...$75.00 2. Utility str ure placement ...$75.00 3. Utility i allation temporary restoration ... $75.00 4. Utili estoration limits determination ...$75.00 5. Uti ' final restoration ... $225.00 e. R spection fees: When additional inspection is required for work previously pected and rejected by the Department of Resilience and Public Works, a reinspection fee will be required for each reinspection: $150.00 1 (12) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date .00 150.00 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 City of Miami Page 25 of 27 File ID: 7634 (Revision:) Printed on: 7/23/2020 File ID: 7634 Enactment Number: all processing and inspection services rendered by the Department of resilience and pub!' 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. (d) With the exception of non -revenue generating government agencies, su as Miami -Dade County's Department of Transportation and Public Works, in accordan ► with Sections 54- 3 and 54-42 of the City Code, all permittees working in the public rig ► -of-way must resolve all open violations, unpaid fines, and/or unpaid fees in order to ap for or receive any new permits. (e) (d) Upon receipt of a written request from a non -revenue qen- atinq government agency, such as Miami -Dade County's Department of Transportati► and Public Works, Ppermit 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 construction, main once, or repair, or restoration of revenue producing facilities in the public right -of- : y. jf .(e)-This section shall be annually reviewed by th - city commission 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:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE II. — COMPREHENSIVE PLANNING Sec 62-12. Fee f•- inspections and examinations of plans for compliance with the provisions of the city zoning dinance and miscellaneous zoning fees. (h) Fees fo includin $75.0 eview of legal documents for compliance with zoning and technical requirements ut not limited to, unities of title, covenants, releases, and modifications shall be er document. Department of Resilience and Public Works review $275.00 ARTICLE VI. —ZONING AND PLANNING FEES SUBSTITUTED 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. (5) Temporary uses and occupancies permits. c. Interim parking lot permit: 2.Department of resilience and public works review 295.00 525.00 Section 7. If any section, part of section, paragraph, clause, phrase, Ordinance is declared invalid, the remaining provisions of this Ordinance s word of this II not be affected. Section 8. This Ordinance shall become effective thirty (30) da after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 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: 7/23/2020