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Home My WebLink AboutLegislationFRr "Y': t. eE$1/ Of Miami * NL4EF S£kitE Legislation Ordinance File Number: 16-00730 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," MORE PARTICULARLY BY AMENDING SECTION 10-4, TO INCLUDE AN AUTOMATIC DEFERRAL OF THE SOLID WASTE SURCHARGE TO AFFORDABLE HOUSING DEVELOPMENTS FUNDED BYACOMMUNITY REDEVELOPMENT AGENCY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Chapter 10 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Buildings/In General/Building Permit Fee Schedule", allows for an affordable housing development exemption to the solid waste surcharge enumerated in Section 10-4(b)(2)(c) of the City Code; and WHEREAS, the City Commission wishes to incentivize the creation of affordable housing by Community Redevelopment Agencies; and WHEREAS, allowing for an automatic deferral of the solid waste surcharge fee required during the building permit process will expedite and lower the cost of permitting affordable housing developments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the City Code is further amended in the following particulars: "CHAPTER 10 BUILDINGS ARTICLE I. IN GENERAL Sec. 10-4. Building permit fee schedule. (a) Definitions. Dry run is defined as the process of plans signed and sealed by the design team submitted for building permit but with a building permit application without having a contractor. City of Miami Page I of 4 File Id. 16-00730 (Version: 1) Printed On: 71512016 File Number: 16-00730 Master permit is a building permit obtained for the complete work on any project. Private provider means a person who can provide alternate plans review under F.S. § 553,791 and is licensed as an engineer under F.S. ch. 471 or as an architect under F.S. ch. 481, as amended. Stand-alone permit is any trade (electrical, mechanical or plumbing) permit pulled for a single category without the need for a master permit. Trade permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a master permit associated with it to be pulled prior to issuance. Up -front fee is the fee associated and charged at the time of submittal of a set of plans and building permit application. Community Redevelopment Agency is a public entity created pursuant to Florida Statute 163.356, as amended. Affordable Housing Development is, solely for purposes of this Article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 30 percent to 80 percent of area median income as published annually by the United States Department of Housing and Urban Development. Workforce Housing Development is, solely for purposes of this Article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80 percent to 140 percent of area median income as published annually by the United States Department of Housing and Urban Development. (b) General fee information. (1) Building, plumbing, mechanical and electrical permit fees. a. Residential (up to three dwelling units): For all residential properties, any trade or master building permit will be charged 0.50 of the estimated construction cost (including labor and materials) for new construction or additions, and 0.50 of the estimated construction cost for all remodeling permits. Notwithstanding the foregoing, the building permit fee for residential improvements where the amount of estimated construction is less than $2,500.00 shall be fixed at $45.00. b. Commercial and multifamily master permit, trade permit and stand-alone permit fee: For a building whose estimated construction cost is equal to or less than $30,000,000.00 is one percent of the cost of construction as per Miami -Dade County Code Compliance minimum construction cost value. For projects were the construction cost exceeds $30,000,000.00, the fee will be the same as above up to $30,000,000.00, plus one-half percent of the amount in excess of the $30,000,000.00. c. Minimum permit fee, applicable to any building permit, shop drawing, or revision Chy of Allami Page 2 of 4 File Id: 16-00730 (Version: 1) Printed On: 7/5/2016 File Number: 16-00730 of any category regardless of construction cost or number of pages: $110,00. d. Phased permit fee: Any phased permit issued in accordance with the Florida Building Code (FBC 105.13) will be valid for six months from the issuance date. No extensions will be issued to the phased permits by the building official. These permits will be charged a $1,500.00 fee, plus any other applicable surcharges as defined or required by the surcharges section. e. Fee for work started without permits: When work is commenced prior to obtaining a required permit, a fee of two times that specified in this section, plus a $110.00 fine shall be paid. The payment of such fees shall not relieve any person, firm, or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The fee requirement shall be applicable to all trade divisions of the building department. f. The building department will modify the permit fee calculation using the Engineering News Record- Building Cost Index (ENR -BCI) published each January. A credit will be applied to the total cost of the building permit fee using the ENR -BCI should the ENR -BCI increase.. (2) Surcharges. For all permits issued, the building department will collect the following surcharges for the State of Florida, Miami -Dade County and other city departments: a. State of Florida surcharges. 1. State of Florida Department of Business and Professional Regulation (DBPR). 2. State of Florida Building Code Administrators and Inspectors (BCAI). b. Miami -Dade County Code compliance surcharges. c. City solid waste surcharge. 1. Residential. $0.22 per $100.00 of the estimated cost.of construction with a minimum fee of $26.00 and a maximum fee of $600.00. 2. Commercial. Permits for all building a surcharge of two and one-half percent of the cost of construction with a minimum of $57.00 and a maximum of $10,500.00. 3. Exemptions. The following are exempt from this surcharge: signs, landscaping, elevators, revisions, subsidiary permits, roofing, awning, windows and doors, shed, flooring, driveways, and any affordable housing permit that the city director of community development exempts in writing prior to the issuance of the permit. 4. Deferral for CRA Affordable and Workforce Housing. The City Manager, or his/her designee shall defer the surcharge for affordable housing developments and workforce housing developments funded (whether City of R7iand Page 3 of 4 File Id: 16-00730 (Persion: 1) Printed On: 7/5/2016 File Number, 16-00730 completely or partially) or granted real property by a City of Miami Community Redevelopment Agency's Board as long as the permit applicant provides a covenant running with the land or a deed restriction which ensures that the development conforms to the requirements of an affordable housing development or workforce housing development. Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. if any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5.—is Ordinance shall become effective immediately upon its adoption and signature of the Mavo f2} /� ROV.E'D AS -TO FORM AND CORRECTNESS: VECTORIAMEND CITY ATTORNEY {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Mia tit i Page 4 of 4 File Id: 16-00730 0,ersion: 1) Printed On: 7/5/2016