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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4620 Commission Meeting Date: 10/25/2018 Type: Ordinance Subject: Amend Code - Chapter 2 - Adiustment of Fees PURPOSE OF ITEM: Requesting Department: Department of Resilience and Public Works Sponsored By: Manolo Reyes, Wifredo Gort, Joe Carollo, Ken Russell District Impacted: All Ordinance amending Chapter 2, Article IV, Division 4 of the City Code entitled "Public Works Department," Chapter 22.5, Article VI entitled "Green Initiative/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Improvements," Chapter 54 entitled "Streets and Sidewalks," and Chapter 62, Article VI, entitled "Zoning and Planning Fees," in order to adjust certain fees. BACKGROUND INFORMATION: Chapters 2, 22.5, 54 and 62 of the City Code provide the fee schedule for the processing and recordation of plats, storm water pollution prevention plans, right-of-way permits and zoning and planning fees respectively. Currently, the fees charged are outdated and do not cover the average cost of city staff performing these tasks. The proposed amendment to the City Code will adjust the fees in order to more effectively cover the associated costs. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By City Commission Nicole Ewan Meeting Completed 09/13/2018 9:00 AM Department of Resilience and Public Works Alan M. Dodd Department Head Review Completed 09/18/2018 11:51 AM Office of Management and Budget Christopher M Rose Budget Review Completed 09/18/2018 4:52 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/18/2018 5:53 PM Office of the City Attorney Xavier Alban ACA REview Completed 09/18/2018 5:55 PM Office of the City Attorney Valentin J Alvarez Deputy Attorney Review Skipped 09/18/2018 5:53 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/18/2018 5:57 PM City Commission Nicole Ewan Meeting Completed 09/27/2018 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/10/2018 2:41 PM Office of the City Attorney Xavier Alban ACA Review Completed 10/11/2018 11:37 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 10/12/2018 3:27 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 10/15/2018 7:00 PM City Commission Joyce Jones Meeting Completed 10/25/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 11/02/2018 4:14 PM City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 11/02/2018 4:34 PM Office of the City Clerk City Clerk's Office Rendered Completed 11/02/2018 4:35 PM City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 City of Miami City Hall Legislation 3500 Pan American Drive g Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13798 File Number: 4620 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. 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 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 City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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 $2498 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. (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 and these GIE)G FneRtS deSGFibed OR bseGtO„r (te) heFeiRabe io a fee of $305.00 $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 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 unchanaed material. City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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 ..... $37-0.00 $1,800.00 b. For resubmission of tentative plat when submitted for recording ..... 490-00 $900.00 c. For resubmission of tentative plat by different owner ..... 490-00 $900.00 d. For resubmission of tentative plat with new boundary ..... 490-00 $900.00 e. To accompany final plat when submitted for recording ..... 1,000.00 $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 paragraphs (1 ` and (2) of subsection (a) s4a-4 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 *** 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 WRdeF .r^ Mrd taRk r,orrr, + $13.00 $50.00 (2) Underground tank permit ............... $155.00 (23) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair, or addition permit ..... 30.00 $268.00 (34) Multi -family residential and all nonresidential construction, reconstruction, remodeling, renovation, repair, or addition permit ..... 90.00 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 City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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. 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 City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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 City. The use of one remedy shall not preclude the use of another. (e) Fees. (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 $25.00 $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 aermit. 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 feF a peFrnit isswed WRdeF this tiGle for the partial or full obstruction by construction related activities exGeel iRg five days ;r dura#ee shall be the greater of the following, $595.00 or as calculated below e as fellows: a. $9-2-G $0.25 per linear foot per day of sidewalk/curb/swale usage. b. $9-3G $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. City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 c. " $0.40 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane usage. fnr +ho 1_116P_ of the ni 1bli`+ Fight _nf_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. +ho1So of the ni 1bli`+ Fight _nf_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 fee16 ha III annnnipaRy eaGh permit appliGatinn 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 aP4 (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'n e n of lapta des6ires, adveFt+SiRgLLnnnGtF1_1�ntiAA fRAno cnroonc �nrl rnnc+ri in+inn niinrlcnroonc and for public right-of-way maintenance and improvements of the ni 1blin Fight _nf_way. (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)1 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. (89) 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) aAd 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 City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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: a ni avmTe 'n` -able plaR andSpeGifiGatiGR $20.00 Non-refundable application fee of $50.00 and non-refundable initial inspection fee of $25.00 b. 50 lineal feet or less ..... 298 90- $325.00 c. Each additional lineal foot ..... 0-.35 $6.50 d. 'Aida'' i spest+eT�z5. 0- 0 - ad. Dry -run review of plans and specifications, upon request: 1. 50 lineal feet or less of excavation ..... $125.00 2. Each additional lineal foot of excavation ..... $0.25 (2) Sidewalk repair permit: a. 50 lineal feet or less ..... d8-00 $82.50 b. Each additional lineal foot ..... 415- $1.65 (3) Sidewalk construction permit: a. 50 lineal feet or less ..... 445 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. 2550 lineal feet or less ..... 445$0 $308.50 b. Each additional lineal foot ..... 5,7-5 $6.10 (5) B61+Id+R tLine and grade survey permit, including, but not limited to sidewalk construction permit, as -built, plan review: a. 50 lineal feet or less ..... 250 $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 ..... 115.09 $295.00 (8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins, pedestals, vaults, and auger holes) ..... 115.00 $295.00 Plus, for each additional, per block (on same permit) ..... 440 $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) ..... 115.09 $295.00 (10) Groundwater monitoring wells, each well ..... 60.00 $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 permit reactivation fees shall be required for expired permits at twenty-five percent (25%) of the original permit fee calculated at the current fee schedule. City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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, a -R4 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 "CHAPTER 62 PLANNING AND ZONING ARTICLE VI. —ZONING AND PLANNING FEES Sec. 62-22. Schedule of fees. (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 City of Miami File ID: 4620 (Revision: A) Printed On: 12/26/2018 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 (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: i ria i -nde� ez-�ty lAttor ey 9/1812018 i ria 1 ndez, City At#or 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 File ID: 4620 (Revision: A) Printed On: 1212612018