Ordinance 2018-4210 AMENDING STORMWATER TIE-IN FEE SCHEDULE
ORDINANCE NO. 2018-4210
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 14, "BUILDING REGULATIONS," ARTICLE II,
"CONSTRUCTION FEES," DIVISION, "PERMIT FEES," AT
SECTION 14-61, "PERMIT FEES, GENERALLY,"
AUTHORIZING THE WAIVER OF BUILDING PERMIT FEES
(BUILDING DEPARTMENT PERMIT FEE, SANITATION
SURCHARGE, AND THE TRAINING/TECHNOLOGY FEE)
WHEN AN AUTHORIZED RESIDENTIAL PROPERTY TIES IN
TO THE CITY'S STORMWATER SYSTEM; DEFINING
AUTHORIZED RESIDENTIAL PROPERTY TO INCLUDE
ONLY THOSE PROPERTIES WHERE THE FINISHED
FLOOR OF THE RESIDENTIAL STRUCTURE IS BELOW
THE CROWN OF THE ROAD; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 403.031 of the Florida Statutes, a stormwater
management program is the City's institutional strategy for stormwater management,
including urban, and other stormwater; and
WHEREAS, the City created its stormwater management system, which system is
designed and constructed or to be implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use, or reuse water to prevent or reduce flooding, over-drainage,
environmental degradation and water pollution (or otherwise affect the quantity and quality
of discharges from the system); and
WHEREAS, the City's Stormwater Utility created in 1992 is the funding mechanism
for the design, construction, and maintenance of the stormwater management program by
assessing the costs of the program to the beneficiaries based on their relative contribution
to the system's needs; and
WHEREAS, the City stormwater policy requires property owners to construct on-site
stormwater management systems to handle their stormwater volume, however, certain
properties place additional demand on the City's stormwater management system because
they are(1) older properties that did not have the same requirements at time of construction,
(2) properties that partially redevelop and increase the impervious area of a property without
the associated stormwater improvements; and (3) properties that are illegally connected to
the public stormwater management system; and
WHEREAS, the City is updating its stormwater management system in order to
provide the capacity to allow property owners to voluntarily participate in the City's program
and to handle the property owners' stormwater that cannot be maintained on site; and
WHEREAS, the City's Stormwater Management Master Plan (SWMMP) takes into
account climate change and estimates of projected sea level rise over the next 30 years and, as
a result, for all new projects, a sea level elevation of 2.7 feet NAVD88 (based upon the South
Florida Climate Change Compact projection) is being used for stormwater design purposes and
an elevation of 5.7 feet NAVD (a vertical control datum established in 1991 used to define
elevations) is being used as a minimum for public seawall elevations; and
WHEREAS, to meet the needs of the City, the City is investing more than $600 million in
various infrastructure improvements, which improvements will need to be made over an
estimated span of 10 years; and
WHEREAS, such infrastructure improvements include installing larger, newer pipes and
pump stations, and raising roads to ensure that the roads do not flood in the future for a 10-year
rainfall event; and
WHEREAS, based upon the parameters of a 10-year design storm event, the Mayor and
City Commission, on April 26, 2017, adopted City Resolution 2017-29840, in which the City
deemed it in the best interest of the City and its residents to:
1. Design and implement a stormwater system with sufficient capacity to
handle both public and private stormwater runoff;
2. Develop a policy and engineering solution for private property owners
within the City's municipal stormwater system;
3. Not shed stormwater from public property or rights-of-way onto private
property;
4. Not penalize homeowners who have relied on gravitational flow of their
stormwater into the municipal stormwater system in the past;
5. Implement a stormwater system that would have the capacity to allow
private property owners to connect to the system;
6. Reward and encourage homeowners to retain their own stormwater on
site; and
7. Update Chapter 110 of the City Code relating to the stormwater
management fees to ensure proper capitalization of the program through
cost recovery; and
WHEREAS, the City desires to amend its Fee Schedule, found at Schedule A to the
City's Code of Ordinances, to authorize residential property tie in to the City's stormwater
system, with no permit fee charge for those homes where the finished floor of the residential
structure is below the crown of the road, as the built environment for the property does not
reflect the original stormwater design, requiring the retention of stormwater on a property
owner's property, thus resulting in a hardship for those property owners due to the as-built
condition of the site; and
WHEREAS, the below modifications shall assist the City in achieving the
aforementioned goals.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 14, "Building Regulations," Article Il, "Construction Fees," Division, "Permit
Fees," is hereby amended as follows:
Sec. 14-61 Permit fees, generally.
(a) Levied. Permits, inspections and other fees of the building department of the city are hereby
levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and
other activities undertaken by that department as specified in Appendix A. Permit fee line items
include, but are not limited to: building, plumbing, electrical, and mechanical as well as those
line items associated with planning, fire, and public works, In addition, all permits will include
line items for outside agencies; State of Florida, Department of Business and Professional
Regulation (DBPR), Building Code Administrators and Inspectors (BCAI), and Miami Dade
County Building Code Compliance Office (BCCO). The Mayor and City Commission of the City
of Miami Beach may direct the City Manager to waive building permit fees that include building,
planning, public works, parking, fire, and environmental permits that are directly related to City
projects. The City shall waive the City building permit fees (Building Department Permit Fee
Sanitiation Surcharge, Training/Technology fee — Building) associated with a plumbing/building
permit for an authorized residential property to connect the residential stormwater system into
the the City's stormwater system; provided, however, that the permit request to connect is
received by the City within 365 days of substantial completion of the applicable City stormwater
sanitary sewer and potable water neighborhood improvement project. An authorized residential
property is defined as a single family home, with the finished floor of the residential structure
located at a grade which is below the grade of the crown of the road fronting the residential
structure. The City does not have the authority to waive state or county building permit fees
(Florida Building Code DBPR Fee, Florida Building Code Admin and Inspector Fund: and MDC
Compliance Fee).
SECTION 2. 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 Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /] day of S-9pf-ember , 2018.
ayor Dan Gelber
ATTEST:
5 T7 \Y APPROVED A$TO
Raf el E. Granado, ity Clerk FORM & LAN UAGE
&FOR EXE' ON/
First Reading:
Second Reading: "M W
�t 1 iZ � �
(Sponsor: Commissioner John Aleman) CnyA gr.
Underscore denotes new language
Strikethreugh denotes removed language
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Ordinances- R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
10:15 a.m. Second Reading Public Hearing
SUBJECT: AMENDING STORMWATER TIE-IN FEE SCHEDULE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "BUILDING REGULATIONS,"
ARTICLE II, "CONSTRUCTION FEES," DIVISION, "PERMIT FEES," AT SECTION
14-61, "PERMIT FEES, GENERALLY,"AUTHORIZING THE WAIVER OF BUILDING
PERMIT FEES (BUILDING DEPARTMENT PERMIT FEE, SANITATION
SURCHARGE, AND THE TRAINING/TECHNOLOGY FEE) WHEN AN
AUTHORIZED RESIDENTIAL PROPERTY TIES IN TO THE CITY'S
STORMWATER SYSTEM; DEFINING AUTHORIZED RESIDENTIAL PROPERTY
TO INCLUDE ONLY THOSE PROPERTIES WHERE THE FINISHED FLOOR OF
THE RESIDENTIAL STRUCTURE IS BELOW THE CROWN OF THE ROAD;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends the Mayor and City Commission approve the Ordinance on Second
Reading Public Hearing.
ANALYSIS
Pursuant to Section 403.031 of the Florida Statutes, a stormwater management program is the City's
institutional strategy for stormwater management including regulating urban flooding and other
stormwater effects. The City created its stormwater management system, which system is designed
and constructed or to be implemented to control discharges which are necessitated by rainfall events,
incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or
reduce flooding, over-drainage, environmental degradation and water pollution (or otherwise affect
the quantity and quality of discharges from the system).
The City's Stomrwater Utility created in 1992 is the funding mechanism for the design, construction,
and maintenance of the stormwater management program by assessing the costs of the program to
the beneficiaries based on their relative contribution to the system's needs. The City stormwater
policy requires property owners to construct on-site storm water management systems to handle their
stormwater volume. However, certain properties place additional demand on the City's stormwater
management system because they are (1) older properties that did not have the same requirements
at time of construction, (2) properties that partially redevelop and increase the impervious area of a
property without the associated stormwater improvements; or (3) properties that are illegally
connected to the public stormwater management system.
Page 937 of 1802
The City is updating its stormwater management system in order to provide the capacity to allow
property owners to voluntarily participate in the City's program and to handle the property owners'
stormwater that cannot be maintained on site. The City's Stormwater Management Master Plan
(SWMMP) takes into account climate change and estimates of projected sea level rise over the next
30 years and, as a result, for all new projects, a sea level elevation (based upon the South Florida
Climate Change Compact projection) of 2.7 feet NAVD88 (a vertical control datum established in
1991 used to define elevations) is being used for stormwater design purposes and an elevation of 5.7
feet NAVD88 is being used as a minimum for public seawall elevations. To meet the needs of the
City, the City is investing over $650 million in various infrastructure improvements, over an estimated
span of ten years.
Such infrastructure improvements include installing larger pipes and pump stations, and raising roads
to ensure that the roads do not flood in the future for a 10-year rainfall event. Based upon the
parameters of the design storm event, the Mayor and City Commission on April 26, 2017, adopted
City Resolution 2017-29840, in which the City deemed it in the best interest of the City and its
residents:
1. To design and implement a storrrrwater system with sufficient capacity to handle both public and
private storrrrwater runoff;
2. To develop a policy and engineering solution for private property owners within the City's municipal
stormwater system;
3. That the City not shed stormwater from public property or rights-of-way onto private property;
4. That the City not penalize homeowners who have relied on gravitational flow of their stormwater
into the municipal stormwater system in the past;
5. That the City coordinate a storrrrwater system that would have the capacity to allow private
property owners to connect to the system;
6. To work on a methodology for rewarding and encouraging homeowners to retain their own
stormwater on site; and
7. That the City update Chapter 110 of the City Code relating to the stormwater management fees to
ensure proper capitalization of the program through cost recovery.
The City desires to amend its Fee Schedule, found in Appendix Ato the City's Code of Ordinances,
to authorize residential property tie in to the City's stormwater system with no permit fee charge for
those homes where the finished floor of the residential structure is below the crown of the road as the
built environment does not reflect the original stormwater design, requiring the retention of stormwater
on a property, thus resulting in a hardship for those property owners due to the as-built condition of
the site.
The below modifications shall assist the City in achieving the aforementioned goals:
SECTION 1. Chapter 14, "Building Regulations," Article II, "Construction Fees,' Division, "Permit
Fees,' is hereby amended as follows:
Sec. 14-61 Permit fees, generally.
(a) Levied. Permits, inspections and other fees of the building department of the city are hereby
levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other
activities undertaken by that department as specified in Appendix A. Permit fee line items include, but
are not limited to: building, plumbing, electrical, and mechanical as well as those line items associated
with planning, fire, and public works, In addition, all permits will include line items for outside
agencies; State of Florida, Department of Business and Professional Regulation (DBPR), Building
Page 938 of 1802
Code Adntinistrators and Inspectors (BCAI), and Miami Dade County Building Code Compliance
Office (BCCO). The Mayor and City Commission of the City of Miami Beach may direct the City
Manager to waive building permit fees that include building, planning, public works, parking, fire, and
environmental permits that are directly related to City projects. The City shall waive the building
permit fees (Building Department Permit Fee, Sanitation Surcharge, Training/Technology fee —
Building) associated with a plumbing/building permit for an authorized residential property to connect
the residential stormwater system into the the City's stormwater system- provided, however that the
permit request to connect is received by the City within 365 days of substantial completion of the
applicable City stormwater, sanitary sewer and potable water neighborhood improvement proiect. An
authorized residential property is defined as a single family home with the finished floor of the
residential structure located at a grade which is below the grade of the crown of the road fronting the
residential structure, The City does not have the authority to waive state or county building permit
fees (Florida Building Code DBPR Fee. Florida Building Code Admin and Inspector Fund and MDC
Compliance Fee).
SECTION 2. 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 Code of the City
of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
At its July 25 meeting, the City Commission approved the resolution on first reading and the setting of
a second reading Public Hearing.
CONCLUSION
The Administration recommends the Mayor and City Commission approve the Ordinance on Second
Reading Public Hearing.
Legislative Tracking
Public Works
Sponsor
Commissioner John Elizabeth Aleman
Page 939 of 1802
ATTACHMENTS:
Description
❑ Form Approved Ordinance
o Resolution No. 2017-29840
Page 940 of 1802
RESOLUTION NO. 2017-29840
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING A
COMMITMENT TO THE DESIGN AND IMPLEMENTATION OF A
STORMWATER SYSTEM WITH SUFFICIENT CAPACITY TO
HANDLE BOTH PUBLIC AND PRIVATE STORMWATER RUNOFF
IN THE CITY AND DIRECTING THE CITY ADMINISTRATION TO
DEVELOP A POLICY AND ENGINEERING SOLUTION FOR
PRIVATE PROPERTY OWNERS WITHIN THE CITY'S MUNICIPAL
STORMWATER SYSTEM.
WHEREAS, pursuant to Section 403.031 of the Florida Statutes, a stormwater
management program is the City's institutionat strategy for stormwater management,
including urban, and other stormwater; and
WHEREAS, the City created its stormwater management system, which system is
designed and constructed or to be implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage,
environmental degradation and water pollution (or otherwise affect the quantity and quality
of discharges from the system); and
WHEREAS, the City's Stormwater Utility created in 1996 is the funding mechanism
for the design, construction, and maintenance of the stormwater management program by
assessing the costs of the program to the beneficiaries based on their relative contribution
to the system's needs; and
WHEREAS, the City stormwater policy requires property owners to construct on-site
stormwater management systems to handle their stormwater volume, however, certain
properties place additional demand on the City's stormwater management system because
they are (1) older properties that did not have the same requirements at time of
construction, (2) properties that partially redevelop and increase the impervious area of a
property without the associated stormwater improvements; and (3) properties that are
illegally connected to the public stormwater management system; and
WHEREAS, the City is updating its stormwater management system in order to
provide the capacity to allow property owners to voluntarily participate in the City's program
and to handle the property owners' stormwater that cannot be maintained on site; and
WHEREAS, the City's Stormwater Management Master Plan (SWMMP) takes into
account climate change and estimates of projected sea level rise over the next 30 years and,
as a result, for all new projects, a sea level elevation of 2.7 feet NAVD88 (based upon the
South Florida Climate Change Compact projection) is being used for stormwater design
purposes and an elevation of 5.7 feet NAVD88 (a vertical control datum established in 1991
used to define elevations) is being used as a minimum for public seawall elevations; and
Page 945 of 1802
WHEREAS, to meet the needs of the City, the City is investing over $400 million in various
infrastructure improvements, which improvements will need to be made over an estimated
span of 10 years; and
WHEREAS, such infrastructure improvements include installing larger, newer pipes and
pump stations, and raising roads to ensure that the roads do not flood in the future for a 5-year
rainfall event; and
WHEREAS, based upon the parameters of a 5-year design storm event (7.5 inches of
rainfall in 24 hours), the Mayor and City Commission deem it in the best interest of the City and
its residents:
1. To design and implement a stormwater system with sufficient capacity to
handle both public and private stormwater runoff;
2. To develop a policy and engineering solution for private property owners within
the City's municipal stormwater system;
3. That the City not shed stormwater from public property or rights-of-way onto
private property;
4. That the City not penalize homeowners who have relied on gravitational flow
of their stormwater into the municipal stormwater system in the past;
5. That the City coordinate a stormwater system that would have the capacity to
allow private property owners to connect to the system;
6. To work on a methodology for rewarding and encouraging homeowners to
retain their own stormwater on site; and
7. That the City update Chapter 110 of the City Code relating to the stormwater
management fees to ensure proper capitalization of the program through cost
recovery.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby reaffirm their commitment to the design and implementation of a
stormwater system with sufficient capacity to handle both public and private stormwater
runoff in the City and direct the City Administration to develop a policy and engineering
solution for private property owners within the City's municipal stormwater system
consistent with the interests of the City and its residents as set forth in this Resolution.
PASSED and ADOPTED this a2�. day of April, 2017.
ATTEST: rr�� Philip,. =y?."f";Vayor
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Page 946 of 1802