HomeMy WebLinkAboutO-13798City of Miami
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Legislation
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try Ordinance: 13798
File Number: 4620
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/25/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), ENTITLED
"ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT";
FURTHER AMENDING CHAPTER 22.5/ARTICLE VI OF THE CITY CODE,
ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY
SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL";
FURTHER AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY
CODE, ENTITLED "STREETS AND SIDEWALKS/GENERAL/ PERMIT
REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, OR
SIDEWALK OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES'; FURTHER
AMENDING CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE,
ENTITLED "CONSTRUCTION, EXCAVATION AND REPAIR/PERMIT FEE FOR
STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF
PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY,
SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, FLUME
EXCAVATION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE
CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS;
PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND REINSPECTION FEES;
WAIVER OF FEES' AND CHAPTER 54/ARTICLE II/SECTION 54-56 OF THE
CITY CODE, ENTITLED "CONSTRUCTION, RECONSTRUCTION OR REPAIR
OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS
IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE OR
EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION"; AND
FURTHER AMENDING CHAPTER 62/ARTICLE VI OF THE CITY CODE,
ENTITLED "ZONING AND PLANNING FEES," TO ADJUST CERTAIN FEES
RELATED TO THE PROCESSING AND RECORDATION OF PLATS,
STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-WAY PERMITS,
AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS
CONDUCTED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Wifredo (Willy) Gort,
Commissioner Joe Carollo, Vice Chair Ken Russell
WHEREAS, Chapter 2, Article IV, Division 4 of the Code of the City of Miami, Florida, as
amended ("City Code"), provides the fee schedule for the processing of covenants, construction
plans, and recordation of plats by the Department of Resilience and Public Works
("Department"); and
WHEREAS, Chapter 22.5, Article VI of the City Code provides the fee schedule for the
processing of stormwater pollution prevention plans by the Department; and
City of Miami Page 1 of 10 File ID: 4620 (Revision: A) Printed On: 12/26/2018
File ID: 4620
Enactment Number: 13798
WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of
right-of-way permits; and
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 the Ordinance
No. 13114, as amended, the City of Miami's Zoning Ordinance; 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 and permits; 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;
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 is amended in the following
particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT
Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, waiver
of fee; fee for preparation of documents allowing the use of public right-of-way by private
entities; recording fee.
(a) For the preparation and processing of any legal document running with the land
covenanting the construction or postponement of construction of a public works
improvement either in the public right-of-way or on private property, a fee of $245.00
495.00 shall be collected by the director of resilience and public works. The fee required
under this subsection may be waived for governmental entities and agencies.
' 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 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
Enactment Number: 13798
(b) For the preparation and processing of legal documents, including, but not limited to,
Subdivision Improvement Bonds and Hold Harmless Agreements, allowing the use of public
right-of-way by private entities, excluding permits Ind- these dGn,. mon+c dGesr+ribed in
119%Gtinn (a) heFeinah a fee of $885.00 $2,750.00 shall be collected by the director of
resilience and public works.
(c) In addition to the above fees, the party proffering the legal document shall also pay the
recording fee, as established by the state.
Sec. 2-269. Checking and recording plats and alley closures or vacations—Fee schedule;
waiver of fee.
(a) The fees to be charged by the resilience and public works department forlap tting
determinations, processing tentative plats, and recording plats submitted for approval of the
city, including the inspection of the permanent reference monuments set in the field, are
hereby fixed as follows:
(1) Platting Determination: Platting determination or determination on folio separation
..........$695.00
(42) Recording plat.-
a.
lat.
a. To accompany tentative plat application ..... $87-9-80 $1,800.00
b. For resubmission of tentative plat when submitted for recording ..... 190-00
$900.00
c. For resubmission of tentative plat by different owner ..... X0-00 $900.00
d. For resubmission of tentative plat with new boundary ..... X0-00 $900.00
e. To accompany final plat when submitted for recording ..... 1,000.08 $2,500.00
(23) Extending subdivision improvement time limit. For each time limit extension granted
for completion of subdivision improvements required in conjunction with a recorded plat
..... $210.00 $295.00
or, five percent � of the subdivision improvement bond amount, whichever is
greater.
(b) The processing fees required by paFag aphs (1 ` and (2) of subsection (a) 64at4 may be
waived for governmental entities and agencies.
(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:
Outside source review fee: Actual cost plus 2G twenty percent2( 0%) administrative fee for
processing.
(d) Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing for an
alternative method for the closure or vacation of alleys which abut parcels of land zoned
solely residential.
Application fee..... $525.00
Recording fee ..... ***
Publication fee ..... ***
Vacation and alley closure fee pursuant to subsection 62-156(6) ..... Not
applicable
City of Miami Page 3 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620 Enactment Number: 13798
*** These fees shall be determined contingent upon fees charged by the newspaper and Miami -
Dade County recorder's office at time of publication and recordation.
Sec. 2-272. Construction plan checking fee.
(a) The fees to be charged by the Resilience and public works department for processing and
checking construction plans submitted for approval of the city are hereby fixed as follows:
(1) Fence, wall, slab, or sign ^r i lRdeF` FG lRd tank per $13.00 $50.00
(2) Underground tank permit ............... $155.00
(23) Single-family or duplex residential construction, reconstruction, remodeling, renovation,
repair, or addition permit ..... 35-93 $268.00
(34) Multi -family residential and all nonresidential construction, reconstruction, remodeling,
renovation, repair, or addition permit ..... 50-30
New Multi -family Residential (<1/2 acre) $940.00
New Commercial (<1/2 acre) $1,043.00
New Multi -family Residential (>_1/2 acre and <1 acre) $1,520.00
New Commercial (>_1/2 acre and <1 acre) $1,650.00
Large Development (residential/commercial >_1 acre) $2,775.00
(b) Expedited plan review service for special projects. A "special project" is defined as a project
having a development order, or any other project as determined by the city manager, or
designee, as having special interest to the city. The services will cover the 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 45 fifteen percent1( 5%)*
*Fifteen percent is the administrative fee to cover the cost of processing.
In-house review fee not to exceed four (4) hours: $262.50 $350.00
(c) The fee required under this section may be waived by the director of Resilience and public
works for governmental entities and agencies.
*„
Section 3. Chapter 22.5, Article VI of the City Code is amended in the following
particulars:'
"CHAPTER 22.5
GREEN INITIATIVES
ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST
GENERATION CONTROL
Sec. 22.5-127. Administrative fee.
City of Miami Page 4 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
Enactment Number: 13798
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 $115.09 $395.00. 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 4. Chapter 54 of the City Code is amended in the following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. — IN GENERAL
Sec. 54-3. Permit required for work that obstructs or closes a street, of sidewalk,. or impedes
traffic; fees; waiver of fees.
(d) Temporary obstruction of streets and sidewalks.
(6) Subject to compliance by the permit holder with applicable provisions of the sign
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)(56). 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
sign. 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 Citv. The use of one remedv shall not preclude the use of another.
City of Miami Page 5 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
(e) Fees.
Enactment Number: 13798
(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 grant or denial
of the permit.
(2) An non-refundable application fee of $50.00 and a non-refundable initial inspection fee
of UE ()() $50.00 shall accompany each permit application to the Resilience and public
works department, to be retained by the City regardless of action taken in the grant or
denial of the Dermit.
A non-refundable permit fee of $325.00 shall be paid prior to permit issuance for all
right-of-way closures.
(34) A non-refundable public right-of-way usage fee foF a permit iss, ied- inner this artir+le
for the partial or full obstruction by construction related activities exGeediRg five days in
d�ra#ar� shall be the greater of the following, $595.00 or as calculated below e
a. " $0.25 per linear foot per day of sidewalk/curb/swale usage.
b. " $0.35 per linear foot per day of parking lane usage.*
*This fee is in addition to fees payable under chapter 35 of this Code, as amended.
c. $9-3a $0.40 per linear foot per day of lane closure or partial lane closure of traffic
and auxiliary lane usage.
for the i ice of the p lbliG Fight _ef_way. All fees shall be paid prior to permit issuance.
(45) A non-refundable fee for a temporary office, trailer, portable toilets, equipment or
storage of materials or supplies within the partial or full obstruction area shall be as
follows:
a. $0.10 per linear foot per day of sidewalk/curb/swale usage.
b. $0.15 per linear foot per day of parking lane usage.
c. $0.20 per linear foot per day of lane closure or partial lane closure usage.
the use of the p hliG right of way. All fees shall be paid prior to permit issuance.
(56) A non-refundable fee of $0.06 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. The z fee shall
,,.,.,Omar„ eanh peFmit appliGatiGFI. All fees shall be paid prior to permit issuance.
(67) All fees collected by the Resilience and public works department in accordance with
subsection (e)(2), (e)(3), (e)(4)1 aPA (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
enaineerina suaaort services. trainina. materials. and eauiament related to riaht-of-wav
closures, the iFIspectie�'IT of laRe GIGSWre ,, advertiSi Rg C I StF6l iGR feFIGe SGFee NC NII
nemstri tIAGI.yV0. IF,I'isnreeFls, and for public right-of-way maintenance and improvements
of the p blip Fight of way.
City of Miami Page 6 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
Enactment Number: 13798
(78) Waiver of fees. The fees described in subsection (e)(�4), (e)(45),. and (e)(k6) shall not
apply to the city or any other non -revenue generating federal, state, county, city, school
district entity, or fe+ 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), apd-(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.
(99) After the fact permit fee. For any public street or alley closure described in section 54-
3, performed without the required permits and inspection, quadruple the application
and inspection fee described in subsections (e)(1) aP4 through (e)(26) herein.
ARTICLE II. — CONSTRUCTION, EXCAVATION, AND REPAIR
Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway
or shoulder area, building line and grade survey, sidewalk construction survey, driveway
construction, flume excavation, utility placement; underground utility service connection
excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and
reinspection fees; waiver of fees.
(a) The permit fees to be charged by the Resilience and public works department for street
excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line
and grade survey, sidewalk construction, driveway construction, flume excavation, utility
placement, underground utility service connection excavation, groundwater monitoring
wells, permit renewal, after -the -fact permit and reinspection within the city are hereby fixed
as follows:
(1) Street excavation permit:
NOR Fef �Rdable pIaR girl sp nifiGatiGR r ee $20 nn
a. ,�,T�,� e�,Tev+ev�f�� Non-refundable
application fee of $50.00 and non-refundable initial inspection fee of $25.00
b. 50 lineal feet or less ..... 299-00 325.00
c. Each additional lineal foot ..... 9-35 $6.50
d. 'Flitial 25.00
ed. Dry -run review of plans and specifications, upon request:
1. 50 lineal feet or less of excavation ..... 8125.00
2. Each additional lineal foot of excavation ..... 80.25
(2) Sidewalk repair permit:
a. 50 lineal feet or less ..... 58.00 $82.50
b. Each additional lineal foot ..... 4.15- 1.65
(3) Sidewalk construction permit:
a. 50 lineal feet or less ..... 115.00 $252.50
b. Each additional lineal foot ..... 2-30 5.05
(4) Paving or resurfacing of travel lanes, parkway, or shoulder area permit:
a. 2-550 lineal feet or less ..... 115.00 $308.50
b. Each additional lineal foot ..... 5-.-T5 $6.10
City of Miami Page 7 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
Enactment Number: 13798
(5) B6I+IdiRg tLine and grade survey permit, including, but not limited to sidewalk
construction permit, as -built, plan review:
a. 50 lineal feet or less ..... 2R7 F40 $360.00
b. Each additional lineal foot ..... 5.-7-5 $7.20
(6) Driveway approach construction permit, each driveway ..... $115.00
(7) Flume excavation permit, each excavation ..... 115 08 $295.00
(8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins,
pedestals, vaults, and auger holes) ..... I 15 00 $295.00
Plus, for each additional, per block (on same permit) ..... 449 $29.50
(9) Underground utility service connection right-of-way excavation permit (each water, gas,
electric, telephone, cable television or sanitary sewer connection from base building
line to the utility located within the public right-of-way) ..... 115 00 $295.00
(10) Groundwater monitoring wells, each well ..... 60 09 $295.00
(11) Dewatering:
Six (6) days or less ..... $520.00
7-30 days ..... $635.00
31-90 days ..... $980.00
(12) Permit renewal fees prior to expiration and reactivation fees of original permit:
Ninety -day extension of permit fee expiration date ..... $115.00
A new application and perwit reactivation fee -s shall be required for expired permits at
twenty-five percent (25%) of the original permit fee calculated at the current fee
schedule.
Sec. 54-56. - Construction, reconstruction or repair of street improvements required when
adjacent property is improved by construction of $100,000.00 or more in value or exceeding
1,000 square feet in floor area; restriction.
(a) Sidewalks, curbs or gutters, pavement, modifications to existing drainage, af�d
sodding, and any other right-of-way improvements deemed necessary by the
Director of Resilience and Public Works (hereinafter "street improvements") shall
be constructed, reconstructed or repaired when any adjacent property located
within the corporate limits is improved, altered or modified by the construction,
reconstruction, e+ addition, or change of use of any type of building, structure or
parking facility amounting to $100,000.00 or more in total value, or when such
building, structure or parking facility to be constructed, reconstructed or when
there is an addition or change of use which is 1,000 square feet or more in floor
area, for which a permit is required.
Section 5. Chapter 62 of the City Code is further amended in the following particulars:I
City of Miami Page 8 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
"CHAPTER 62
PLANNING AND ZONING
ARTICLE VI. —ZONING AND PLANNING FEES
Sec. 62-22. Schedule of fees.
Enactment Number: 13798
(a) Except for a specific permit addressed in section 10-4, building permit fee schedule, any
application for a change in the district classification or modification of the regulations
affecting any property or for a plan amendment or for any permit required by the zoning
ordinance or article XIII of this chapter, shall be accompanied by an application fee in the
amount set forth opposite the requested item in this section. Permits shall not be issued for
a non -homestead property with any outstanding code enforcement violations, building
violations, or any relevant city lien or invoice due and owing to the city. Permits required to
cure life safety issues, permits which are required to bring outstanding violations into
compliance, or permits for any properties owned by a governmental entity are exempted
from this prohibition.
(5) Temporary uses and occupancies permits.
a. Garage sale permit ..... $25.00
b. Temporary occupancy permit..... $500.00
c. Interim parking lot permit
1. Office of Zoning Review..... $1,000.00
2. Department of Resilience and Public Works Review....... $295.00
d. Other temporary event permits ..... $250.00
(8) Special area plans.
a. Applications for special area plans pursuant to article 3, section 3.9, per acre
$5,000.00
b. Advertising ..... $1,500.00
c. Traffic study review ..... $6,000.00
d. Department of Resilience and Public Works Review..... $370.00
City of Miami Page 9 of 10 File ID: 4620 (Revision: A) Printed on: 12/26/2018
File ID: 4620
Enactment Number: 13798
(12) Petition for public hearing not covered elsewhere in this section ..... $1,500.00*
Petition for public hearing not covered elsewhere in this section requiring city
commission review..... $2,500.00*
*There shall be an additional fee of $370.00 for the review conducted by the Department
of Resilience and Public Works.
*„
Section 6. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i ria i . ndez, City Attor iey 9/18/2018 4riai z,City ttor ey 10/1512018
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 10 of 10 File ID: 4620 (Revision: A) Printed on: 1212612018