92-2794 Ordinance
ORDINANCE NO.
92-2794
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS
AND PUBLIC FACILITIES", AMENDING ARTICLE II, ENTITLED
"EXCAVATION"; AMENDING SECTION 39-11, ENTITLED "SAME-
APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE
SURFACE; PERMIT FEE," BY ESTABLISHING A NEW SCHEDULE OF PERMIT
FEES FOR EXCAVATIONS, SIDEWALK, DRIVEWAY, STREET AND PARKWAY
REPAIR, CONSTRUCTION, PAVING OR RESURFACING, SURVEYS CONNECTED
THEREWITH, UTILITY PLACEMENT AND UTILITY CONNECTION
EXCAVATIONS AND GROUND WATER MONITORING WELLS; PROVIDING FEES
FOR RENEWAL OF PERMITS, ISSUANCE OF AFTER-THE-FACT PERMITS AND
FOR REINSPECTION; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, it is necessary to establish a schedule of fees for City
permitting and inspections related to sidewalk and street excavations to
defray city expenses resulting from such activities; and
WHEREAS, the provisions set forth herein are necessary to the
welfare of the residents of the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 39-11.
That Section 39-11 of Article II, entitled "Excavations" of Miami
Beach City Code Chapter 39, entitled "Streets, Sidewalks and Public
Facilities" is hereby amended to read as follows:
Sec. 39-11.
Same - Application; amount of deposit; use of
deposit to replace surface; permit fee.
The city engineer Public Works Director is hereby authorized
to grant a permit to any person, firm or corporation to dig up,
disturb or make an excavation in any street, parks, parkways,
alleys, easements, other public way, or sidewalk within the city
upon application made in writing, stating adequately when and where
such digging up, disturbing or excavating is to be made, the depth,
width and length of such proposed excavation, the purpose for which
the same is to be made and for what period of time it is necessary
to keep such excavation open.
Such application shall be
accompanied by payment of the required permit fees and by a deposit
in an amount established by the ~ engineer Public Works Director
based on his estimate of the cost of repairing and replacing the
excavation.
1
It shall be agreed that the city may use all or such part
of such deposit as may be necessary in repairing or replacing the
street, park, parkway, alley, easement, other public way or
sidewalk in as good condition as it was before the making of such
excavation or disturbance; provided, that the person, firm or
corporation obtaining the permit shall not have within ten days
after the period during which such excavation is to remain open,
replaced and repaired such street or sidewalk and put the same in
as good condition as it was before being disturbed, to the
satisfaction of the ~ engineer Public Works Director.
In order to oecure a permit from the city enqinecr to do
worle on or to malee exc~r...ationo in the 13idewallm, otreeto, parlm,
parlewayo, alleyo, eaoemento or other public wayo within the oity,
the applicant ohall pay a permit fee of one percent of the
conotruction coot of ouch 'Worle or excavation. The term
"cenotruotion coot" ohall be conC3trucd throughout thio article to
mean the total coot or good faith eotimated coot of the worle or
excavation, including at current mar]eet rate13 the coot of labor,
materialo and equipment, with a reaoonable allowance for overhead
and profit. In the event the good faith eotimated coot otated on
the permit io exceeded by more thall fi7e percent, the city engineer
ohall be promptly notified and the permit fee adjuoted accordingly.
The permit fees to be charged by the Public Works Department
for street excavation. sidewalk repair. pavinq or resurfacinq of
parkwav or shoulder area. buildinq line and qrade survey. sidewalk
construction. driveway construction. flume excavation. utility
placement. underground utility service connection excavation,
groundwater monitorinq wells. permit renewal. after-the-fact permit
and reinspection within the city are hereby fixed as follows:
ill street excavation permit:
50 lineal feet or less.............
Each additional lineal foot........
121 Sidewalk repair permit:
50 lineal feet or less.............
Each additional lineal foot........
50.00
1. 00
2
i2l Sidewalk construction permit:
50 lineal feet or less.............
Each additional lineal foot........
i!l pavinq or resurfacinq of parkway
or shoulder area permit:
25 lineal feet or less.............
Each additional lineal foot........
121 Buildinq line and qrade survey
permit:
50 lineal feet or less.............
Each additional lineal foot........
iQl Driveway construction permit.
100.00
2.00
100.00
5.00
250.00
5.00
each driveway...................... 100.00
ill Flume excavation permit. each
excavation......................... 100.00
~ utility placement permit (poles,
splice pits. manholes. hand holes.
catch basins. pedestals. vaults
and auqer holes.................... 100.00
plus. for each additional. per
block (on same permit)............. 10.00
~ Underqround utility service
connection riqht-of-way excavation
permit (each water. qas. electric.
telephone. cable. television or
sanitary sewer connection from base
buildinq line to the utility located
within the public riqht-of-way).... 100.00
ilQl Groundwater monitorinq wells,
each well......... . . . . . . . . . . . . . . . . . 50.00
illl Permit renewal fee:
Ninety-day extension of permit
fee expiration date................ 100.00
3
~ After-the-fact permit fee:
For any work described in (1)
throuqh (10) herein. performed
without proper permits and inspections.
auadruole the above fees.
1111 Reinspection fees:
When additional inspection is
required for work previouslY
inspected and reiected by the
Public Works Department. a
reinspection fee will be required.
for each reinspection..............
25.00
Permit fees will be computed on Iv for the primary item of work for
which a permit is reauired. The fee collected will also cover items of
work incidental to the primary item and all processina and inspection
services rendered bv the Public Works Department.
SECTION 2.
REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
27th
day of
September
, 1992.
PASSED and ADOPTED this
September
, 1992.
/,/~
ATTEST:
~~)/ L/.~~-'
CITY CLERK
1st reading 9/2/92
2nd reading 9/16/92
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FORM APPROVED
LEGAL DEPT. _
5~?f': ~
By
l"'''Ite 'f -0 - f,;l
!
CTYHALL 1700CONVENTIONCE'HERDRIVE MIAMI BEACH FLORIDA33139
CITY OF MIAMI BEACH
TELEPHONE: (305) 173-7010
OFFICE OF THE CITY MANAGER FAX: (305) 173-7712
COMMISSION MEMORANDUM NO. S 11- 92.-
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
Sept. 2, 1992
FROM:
Roger M. Car1t,","/A J,.( ti J___
City Manager ~h/Lttl~
SUBJECT:
APPROVAL OF AN ORDINANCE OF 1HE CI1Y OF MIAMI BEACH,
FLORIDA, AMENDING TIlE MIAMI BEACH CODE, CHAYfER 39,
ENTI1LED .S1REETS, SIDEWALKS AND PUBUC FACIlITIES., BY
AMENDING ARTIClE a ENTI1LED "EXCAVATIONS.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve an ordinance amending
Chapter 39 of the Miami Beach Code entitled "Streets, Sidewalks and Public Facilities" by
amending Article II, entitled "Excavations".
BACKGROUND:
The City of Miami Beach currently charges a permit fee of one (1) percent of the
construction value for all excavations in the sidewalks, streets, parks, parkways, alleys,
easements, or other public rights-of-way within the City limits. This percentage fee docs not
cover the cost of issuing the permit, including researching utility records or inspecting the
work during and after completion.
ANALYSIS:
The revised permit schedule will allow coverage of the City's cost of the permit research,
issuance and inspection. The proposed fee will range from 525.00 to 5250.00 depending upon
the nature of the work rather than the one (1) percent of construction cost fee structure
currently utilized.
CONCLUSION:
It is anticipated that this revised fee schedule will generate approximately 513,500 in revenue
to offset the cost of permit issuance and inspection.
RMCjRAGjb
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8
AGENDA
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DATE