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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
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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
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"CHAPTER 2
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ADMINISTRATION nrzt
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ARTICLE IV. DEPARTMENTS c
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DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT
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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.
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THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
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City of Miami Page 2 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020
File ID: 7834 Enactment Number:
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Sec. 2-265. Same -Duty to establish minimum standards for public works. n u
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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
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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.
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(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
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(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
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Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver t O 1-
of fee. a o
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(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
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(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
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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 •
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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
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Recording fee *** fi rnc 78
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Publication fee *** CI `' ha n
Vacation and alley closure fee pursuant to subsection 62-156(6) Not ? -=1" a ! ▪ j
applicable r, ,c. C7
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*** 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.
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ORIGINAL. BACKUP ORIGINAL CAN BE
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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
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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
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(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
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(1) Underground utility installation $295.00 ' i —0
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(2) Underground utility service connection, utility structure placement 75.00 r.
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(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
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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
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director of resiliei an�
public works for governmental entities and agencies. -n CD
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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.
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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
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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
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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
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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
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STREETS AND SIDEWALKS , c M
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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
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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.
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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
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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
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(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.
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(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)
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(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:
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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
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ARTICLE 11. — CONSTRUCTION, EXCAVATION, AND REPAIR s 17i
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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
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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
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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
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14 Curb $10.00 15.00/LF Ca
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Valley gutter 42,0018.00/LF -0 N
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Curb and gutter 42,00 20.00/LF Zr)
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Swale trench 35.00-200.00/SY 'it, r
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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
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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.
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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
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Roadway lighting (fixture/pole/mounting )... 12,000.00/each z u z
Street furniture (benches. waste receptacles, bicycle racks. etc. 500.00/each Lj
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(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
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(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
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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
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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
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(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
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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
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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
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City o1 Miami
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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
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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
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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)
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City of Miami
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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
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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
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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
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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
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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.
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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
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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
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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
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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,
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City of Miami
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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
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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
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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
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