2016-4065 Ordinance ORDINANCE NO. 2016-4065
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A,
ENTITLED "FEE SCHEDULE," TO CHAPTER 98 OF THE MIAMI
BEACH CITY CODE, ENTITLED "STREETS AND SIDEWALKS,"
AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING
DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92,
ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT
TO REPLACE SURFACE; PERMIT FEE," BY AMENDING THE FEES
AND HOURS REGARDING PERMITS FOR BLOCKING OF RIGHT-OF-
WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, at the May 13, 2016 Neighborhood/Community Affairs Committee (NCAC)
meeting, the Committee recommended in favor of staff's recommendation for adjustments to the
rush hour times during which lane closures along major thoroughfares would not be permitted;
and
WHEREAS, at the same meeting, the NCAC recommended in favor staff's
recommendations to pursue adjustments to the Fee Schedule for lane closures along major
thoroughfares; and
WHEREAS, the recommendation of the NCAC for restrictions to the closure times at
major thoroughfares was approved by the City Commission at its September 27, 2016 meeting,
pursuant to Resolution No. 2016-29583, which authorized such amendments to the City of
Miami Beach City Code and the Citywide Procedure regarding the Traffic Flow Mitigation Plan
(See Exhibit A); and
WHEREAS, the City Administration has worked on refinements to the existing fee
structure for work along Major Thoroughfares that will help reduce traffic congestion; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Appendix A, entitled "Fee Schedule," to Chapter 98 of the Miami Beach
City Code, entitled "Streets and Sidewalks," Article Ill, entitled "Excavations," Division 2, entitled
"Permit," Section 98-92, entitled "Application; Amount of Deposit; Use of Deposit to Replace
Surface; Permit Fee," is hereby amended as follows:
APPENDIX A- FEE SCHEDULE
Amount{Ordinance 2012
3779, Effective Oct. 15,2012;
Section this Code Description
Ordinance 2016-
Effective Dec. 24, 2016)
98-92 (c ) (1) Street Excavation Permit
* * *
Blocking of right-of-ways)
Note: For Major
Thoroughfares, full day permit is defined as six
(17)
hours five hours and thirty minutes between
10:00 a.m. and 3:30 p.m.
pursuant to Resolution No. 2016-29583
Cranes
Standard review(full day permit)
• Local road 320.43
• Collector road 427.24
• Arterial road-Major Thoroughfares 534.05 1000.00
Priority review(same day permit review)
• Local road 384.51
• Collector road 512.27
• Arterial read-Major Thoroughfares €10.86 1000.00
Consecutive multi-day additional fee (per day)
54.96
For Local and Collector Roads
Consecutive multi-day additional fee (per day) 1000.00
For Major Thoroughfares
Partial day permit(4 hours or less)
• Local road 159.69
• Collector road 213.62
Blocking right-of-way (all others) for Local and
Collector Roads:The greater of$0.25 per L.F. per
day or$0.03 per S.F. per day)
Blocking right-of-way(all others)for Major
Thoroughfares:The greater of$2.50 per L.F. per
day or$0.30 per S.F. per day)
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. CODIFICATION.
It is the intention of the Mayor and City Commission of the city of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Miami Beach City Code. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /Y day of YfCe,ibe/ , 2016.
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(Sponsored by Commissioner John Elizabeth Aleman)
T:\AGENDA\2016\October\Transportation\Ordinance on ROW Fees\Ordinance Ammending Appendix A (Permit
Fees)Section 98-92(c)(17)RESO.doc
Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
10:25 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO
CHAPTER 98 OF THE MIAMI BEACH CITY CODE, ENTITLED "STREETS AND
SIDEWALKS," AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING
DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92, ENTITLED
"APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE;
PERMIT FEE," BY AMENDING THE FEES AND HOURS REGARDING PERMITS FOR
BLOCKING OF RIGHT-OF-WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission approve the amendment to the attached
Ordinance on Second Reading.
ANALYSIS
In February 2016, the City hosted a Commission Workshop on Traffic Management to discuss various
initiatives to manage traffic congestion and improve mobility in the City. One of the initiatives identified
at the workshop was the implementation of further restrictions to public right-of-way closure times and
adjustments to the permit fees for lane closures along major corridors. In January 2015, the Citywide
Procedure for Traffic Flow Mitigation was implemented to ensure the maximization of traffic flow along
major thoroughfares, especially during rush hours Monday through Friday. As per the procedure,
weekday rush hours are defined as 7:00 AM to 9:00 AM and 4:00 PM to 7:00 PM. No lane closures are
permitted during these hours with the exception of emergency projects of an engineering nature.
Based on the characteristics of traffic circulation in the City, at the May 13, 2016
Neighborhood/Community Affair Committee (NCAC) meeting, staff recommended adjustments to the
rush hour times to reduce conflicts with commuter traffic. The Committee approved staff's
recommendation to further extend restrictions for closure of public right-of-way along major
thoroughfares from 7:00 AM to 10:00 AM and from 3:30 PM to 7:00 PM and to increase fees for lane
closures along major thoroughfares. The classification of major thoroughfare shall be exclusive to the
following roadways pursuant to the Citywide Procedure for Traffic Flow Mitigation:
• Alton Road
• 5th Street
• West Avenue
• 16th Street
• Collins Avenue
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• 17th Street
• Indian Creek
• Dade Boulevard
• Pine Tree/La Gorce Drive
• 41st Street
• Abbott Avenue/Harding Avenue
• 71st Street
• Washington Avenue
• 63rd Street
The recommendation of the NCAC for further restrictions to the closure times along major
thoroughfares was approved by Resolution of the City Commission at its September 27, 2016 meeting.
The current fee schedule (Appendix A of Section 98-92 of City Code) provides no incentive for
contractors to identify creative constructability solutions or accelerate schedules to create less
disruption on traffic. Based on this review, at the May 13, 2016 NCAC meeting, staff recommended that
an increase to the existing fee schedule for closures along major thoroughfares be considered.The NCAC
approved staff's recommendation for a more aggressive fee schedule.
The advantage of increasing the fee schedule for closures along major thoroughfares is that it will
motivate contractors to conduct more work from the minor streets when feasible or work at night. Work
requiring lane closures related to City Projects during the prohibited hours would be subject to City
Commission approval. All emergency utility work requiring lane closures, by the City or utility companies,
shall be reviewed and approved by the City's Public Works Director. Currently, the State of Florida
exempts utility franchises from any permitting fees. As such, utility companies shall be exempted from
any City Right-of-Way fees; however, these companies will have to comply with the restricted hours of
work unless emergency work is approved by the City. Additionally, Florida Department of Transportation
(FDOT) is exempt from any City Right-of-Way permit fees for any work on roadways under its
jurisdiction. Further, FDOT is not required to comply with the City's established lane closure restriction
hours; however, the City and FDOT have been working collaboratively to minimize any roadwork
requiring lane closures along major thoroughfares during the restricted times approved by the City
Commission.
Staff proposes that the existing fee schedules be changed as reflected in the following table:
92(c) (1) Street excavation permit:
50 lineal feet or less $362.95
Each additional lineal foot $3.05
(2) Sidewalk repair permit:
50 lineal feet or less $298.65
Each additional lineal foot $3.05
(3) Sidewalk construction permit:
50 lineal feet or less $298.65
Each additional lineal foot $3.05
(4) Paving or resurfacing of parkway or shoulder area permit:
25 lineal feet or less $298.65
Each additional lineal foot $6.48
(5) Landscaping, per tree $103.70
(6) Landscaping, bedding $103.70
(7) Building line and grade survey permit:
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.0 lineal reef or less >5bZ.yb
Each additional lineal foot $7.25
(8) Driveway construction permit, each driveway $129.62
(9) Flume excavation permit, each excavation $298.65
(10) Utility placement permit, poles, splice pits, manholes, hand holes, catch basins, $298.65
pedestals, vaults and auger holes
Plus,for each additional, per block on same permit $14.51
Underground utility service connection right-of-way excavation permit, each
(11) water, gas, electric,telephone, cable,television or sanitary sewer connection from $298.65
base building line to the utility located within the public right-of-way
(12) Groundwater monitoring wells, each well $298.65
(13) Permit renewal fee:90-day extension of permit fee expiration date $129.62
After-the-fact permit fee. For any work described in (1) through (12), (16) and
(14) (17) herein, performed without proper permits and inspections, quadruple the
fees
Reinspection fees. When additional inspection is required for work previously
(15) inspected and rejected by the department of public works, a reinspection fee will $114.07
be required,for each reinspection
(16) Dewateringpermitfee $362.95
Blocking of right-of-way(Cranes only)
Note: For arterial roadways major thoroughfares,full day permit is defined as&
(17) hours five hours and thirty minutes between 9:00 a.m. and 3:00 p.m 10:00 a.m.
and 3:30 p.m.
Cranes
Standard review(full day permit)
• Local road $320.43
• Collector road $427.24
• ril r
eaoael-Major Thoroughfares 534.05
$1.000.00.
Priority review(same day permit review)
• Local road $384.51
• Collector road $51227
•Arterial road Major Thoroughfares $640.8G
$1,000.00
Consecutive multi-day additional fee(per day) For Local and Collector Roads $54.96
Consecutive multi-day additional fee(per day) For Major Thoroughfares $1,000.00
Partial day permit(4 hours or less)
• Local road $159.69
• Collector road $213.62
Blocking right-of-way(all others)for Local and Collector Roads:The greater of
$0.25 per L.F. per day or$0.03 per S.F. per day)
Blocking right-of-way(all others)for Major Thoroughfares:The greater of$2.50
per L.F. per day or$0.30 per S.F. per day)
(18) Revocable permit
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Application fee, involving city property $4,148.00
Mailing fee, per address within 375 feet $0.51
(19) Coastal review $918.78
(20) Sewer capacity certification letter application $155.55
Staff performed a high-level analysis of the potential effects of the proposed adjustments to current
Right-of-Way closure fees based on historical permit data. Based on this research, it was found that 85%
of all crane permits are two (2) days or less in duration while the 85th percentile duration of all other
right-of-way permits is approximately 24 days. Under the current fee structure, a typical 2-day closure of
a single travel lane for a length of 100' along a major thoroughfare for crane installation/operation would
cost $624.96 for both days. Under the proposed ordinance, the cost for the same closure would
be$1,610 per day (for total cost of$3,220 for a typical 2-day crane permit). Similarly, under the existing
fee structure, a typical 24-day closure of a lane on a major thoroughfare would have a cost of $36 per
day (for a total cost of$864 for a typical 24-day lane closure permit). Under the proposed Ordinance, the
cost for the same lane closure would be$360 per day (for a total cost of$8,640 for a typical 24-day lane
closure permit).
The table below provides a cost comparison between the amounts that an applicant would have to pay
for a typical 2-day crane permit and typical 24-day lane closure permit, respectively, under the current
fee structure as compared to the proposed fee structure. It is worth noting that under the current fee
structure,for a typical 2-day crane permit,the additional cost per day is$54.96.
Current Fee Current Total Fee Proposed Fee Proposed Total Fee
($/day) ($) ($/day) ($)
Crane Permit $570/day $624.96 for 2-days $1,610/day $3,220 for 2-days
Lane Closure $36/day $864 for 24-days $360/day $8,640 for 24-days
Permit
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KEY INTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
The proposed Ordinance Amendment is not anticipated to have a financial impact and can be
enforced through existing resources.
Legislative Tracking
Transportation
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Ordinance
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