Ordinance 2021-4404 ORDINANCE NO. 2021-4404
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "ENTITLED "BUILDING
REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTION 14-61,
ENTITLED "PERMITTING FEES, GENERALLY" TO TEMPORARILY WAIVE
PERMIT FEES FOR ELECTRIC VEHICLE CHARGING STATIONS ON
PRIVATE PROPERTIES UNTIL MARCH 31, 2023; AMENDING APPENDIX A,
"FEE SCHEDULE," TO REFLECT ELECTRIC VEHICLE CHARGING STATION
PERMIT FEE WAIVERS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City declares that it is in the interest of the public health, safety, and
welfare of its residents and visitors to reduce pollutants in the air, on the lands, and in the
waters of the City; and
WHEREAS, greenhouse gas ("GHG") emissions from gasoline and diesel-powered
vehicles trap heat in the atmosphere and contribute to the warming of the Earth; and
WHEREAS, GHG emissions also contribute to sea level rise, which is a growing and
imminent threat to the health, safety, and welfare of residents, visitors, and businesses in Miami
Beach; and
WHEREAS, the City has endorsed the pledge in the Global Covenant of Mayor for
Climate & Energy to reduce GHG emissions at the City-level, track progress, and enhance
resilience to climate change, in a manner that is consistent with and complimentary to national
level climate protection efforts; and
WHEREAS, electric vehicles generate reduced greenhouse gas emissions as compared
to gasoline and diesel-powered vehicles; and
WHEREAS, the availability of strategically placed electric vehicle charging stations
throughout the City promotes the use of electric vehicles ("EV") by making them convenient and
readily available; and
WHEREAS, benefits to the City from increased EV use include improved air quality,
quieter and more livable streets, and decreased dependency on fossil fuels; and
WHEREAS, if EV charging stations are not readily available, the driving public is
hesitant to invest in an EV due to "range anxiety" and as such, expansion of EV charging
stations is necessary in order to establish a network of stations that will allow this technology to
flourish; and
WHEREAS, the City Code establishes fees for development review, permitting, and
other services to cover the City's costs of implementing the regulations contained therein; and
WHEREAS, on October 27, 2020, the Sustainability Committee passed a motion
recommending the City Commission waive or reduce the permitting fees for a period of two
years for the installation of EV charging stations to incentivize and facilitate emission-free
driving in Miami Beach; and
WHEREAS, at the November 18, 2020 City Commission meeting, the Mayor and City
Commission referred this discussion to the Land Use and Sustainability Committee ("LUSC");
and
WHEREAS, at its December 15, 2020 meeting, LUSC recommended temporary waiving
the permitting fees from the Building, Planning and Fire departments for EV charging stations
projects on private property for a two-year period, with the exception of projects with exterior or
underground transformers; 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,AS FOLLOWS:
SECTION 1. That Chapter 14, "Building Regulations," Article II "Construction Standards,"
Section 14-61, entitled "Permit fees, generally" of the Code of the City Miami Beach is hereby
amended as follows:
Chapter 14. BUILDING REGULATIONS
Article II. Construction Standards
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, 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 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).
(b) Double fees. Any person who commences any work on a building, structure, electrical, gas,
mechanical or plumbing systems before obtaining the building official's approval or the
necessary permits shall be subject to a penalty of 100 percent of the required permit fee, in
addition to the required permit fees, plus a penalty for the first, second and subsequent
offenses as outlined in appendix A.
(c) Reinspection fees.
(1) With respect to inspections, if the city finds it necessary, in order to enforce compliance
with the Florida Building Code, to conduct an inspection, after an initial inspection and
one subsequent reinspection, of any project or activity for the same code violation
specifically and continuously noted in each rejection, including, but not limited to,
egress, fire protection, structural stability, energy, accessibility, lighting, ventilation,
electrical, mechanical, plumbing, and gas systems, or other requirements identified by
the rule of the Florida Building Commission, a fee of four times the cost of initial
inspection or first reinspection, whichever is greater, for each subsequent reinspection
shall be paid. The inspection cost is determined by multiplying the actual time spent by
the inspector by the inspection fee hourly rate, as defined in subsection 14-61(g) and
as specified in appendix A.
(2) Payment of the reinspection fee shall be required before any subsequent permits will
be issued to the person or entity owing same. Further inspections shall be withheld
until payment of reinspection fees has been made.
(d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors,
or any of their representatives, a recertification fee will be required to reproduce, stamp and
approve a new set of plans as a field copy. Such fee shall be based on a cost per page as
specified in appendix A, plus an administrative processing fee as outlined in appendix A.
(e) Revised plans processing fee. The charge for plans processing of revisions to a permitted
set of plans shall be as specified in appendix A, plus an administrative processing fee as
outlined in appendix A.
(f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been
lost, a replacement fee as specified in appendix A shall be charged.
(g) Inspection fee. The inspection fee shall be as specified in appendix A.
(h) Plans re-review fee. When extra plans reviews are due to the failure to correct Florida
Building Code discipline requirements specifically and continuously noted in each rejection,
including, but not limited to, egress, fire protection, structural stability, energy, accessibility,
lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other
requirements identified by the rule of the Florida Building Commission, in compliance with
F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the
same code requirement, a fee shall be charged, per discipline, as determined in appendix
A.
(i) Expedited plans review and inspection fee. Upon request from the applicant, the
department may schedule an expedited plan review or inspection, on an overtime basis by
city staff. When such service is provided, a fee as specified in appendix A shall be charged,
in addition to the regular permit fee and other applicable fees. Expedited plan review
service may be requested by the applicant at a charge, per discipline, as determined in
appendix A, in addition to the other applicable fees required for the work.
(j) Permits for work not identified in appendix A. If it is determined that no specific fee category
directly matches a permit application request, the building official may identify a category
that closely matches the level of effort or determine what the work will be charged at based
on the time dedicated for plans review and inspection. The building official may require an
upfront fee and a deposit to cover the estimated cost of the services to be provided.
(k) City projects. The cost of enforcing state statutes, the building code, or the city's land
development regulations on city related projects will be reimbursed based on the actual
time spent in the processing, review and inspection of such projects. The payment will be
due prior to issuance of the certificate of occupancy or completion for the project. Effective
October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be
based on the permit fee schedule in place at the time of the permit application submittal and
should be paid accordingly.
(I) [Annual adjustment of rates.] The rates in appendix A pertaining to this division will be
administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer
Price Index for all urban consumers, CPI-U.
(m) Electronic concurrent plan processing. In order to create a more efficient permitting
process, the building department may be implementing procedures to process plans
electronically via an automated workflow. Once implemented, the department may request
that applicants submit plans in an electronic format. If the applicant chooses to submit
paper plans, the director, or his designee has the authority to invoice for reimbursement of
the conversion of documents submitted to an electronic format.
(n) Phase permits. The building official is authorized by the Florida Building Code to provide
early start approval. The holder of such permit shall proceed at the holder's own risk with
the building construction and without assurance that a permit for the entire structure will be
granted. A fee as specified in appendix A shall be paid.
(o) Private provider fee. When a property owner uses the services of a licensed private
company for plan review and inspections services (private provider), the fee will be
assessed as a regular building permit with a discount of 40 percent of the original building
permit fee. If only the inspections are done by the private provider, then the fee will be
assessed as a regular building permit with a discount of 25 percent of the original building
permit fee.
(p) Photovoltaic waiver. All photovoltaic related building permit fees will be waived to promote
the use of photovoltaic energy.
(q) Electric vehicle charging stations waiver. All permitting fees for electric vehicle charging
station installation projects on private property shall be waived, except for electric vehicle
charginq station installation projects with exterior or underground transformers. The waiver
of permitting fees in this subsection shall automatically sunset and shall be repealed on
March 31, 2023.
SECTION 2. Attached to this Ordinance is amended Appendix A, amending certain building
permit fees.
SECTION 3. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this / 9 day of Wl arc/i. , 2021.
ATTEST:
Dan Gelber, Mayor
i
3
Rafael E. Granado, City Clergy ti,
I.Il,l•ORP 1ORATED`
(Sponsored by Commissioner Mark Samuelian . ? h =
Co-sponsored by Commissioner Michael Gongora)
Underlines denote additions
Doublelines denote additions at the second reading
Swag-14 denotes deletions
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
City Attorney \"d4Date
Exhibit "A"
APPENDIX A- FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established
by the city commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment
by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A
schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on
the city's website.
Section of Amount (Sales tax or
this Code Description other taxes mayapply)
PP Y)
Chapter 14. Building Regulations Part I
* * *
Division 2. Permit Fees
* * *
14-61(p) Photovoltaic fees 0.00
14-61(q) Electric vehicle charging stations fees 0.00
Up-front processing fee: Percent of estimated permit
14-62(a) fee or the minimum processing fee, whichever is
greater
* * *
Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: March 17, 2021
10:10 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "ENTITLED
"BUILDING REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTION
14-61, ENTITLED "PERMITTING FEES, GENERALLY" TO TEMPORARILY
WAIVE PERMIT FEES FOR ELECTRIC VEHICLE CHARGING STATIONS
ON PRIVATE PROPERTIES UNTIL MARCH 31, 2023; AMENDING
APPENDIX A, "FEE SCHEDULE," TO REFLECT ELECTRIC VEHICLE
CHARGING STATION PERMIT FEE WAIVERS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Ordinance
on Second Reading.
BACKGROUND/HISTORY
On October 27, 2020, the Sustainability Committee passed a motion recommending that the
City Commission waive or reduce the permitting fees for a period of two years for the installation
of electric vehicle (EV) charging stations to incentivize and facilitate emission-free driving in
Miami Beach.
At the City Commission meeting on November 18, 2020, the Mayor and City Commission
referred this discussion to the Land Use and Sustainability Committee (LUSC). The item was
sponsored by Commissioner Mark Samuelian and co-sponsored by Commissioner Michael
Gongora.
At the December 15, 2020 LUSC meeting, the Committee passed a motion with a favorable
recommendation to adopt an ordinance waiving permitting fees for Building, Planning and Fire
departments for EV charging stations projects on private property, for a period of two years.
This would not apply to projects with exterior or underground transformers.
ANALYSIS
The availability of strategically placed charging stations throughout the City promotes the use of
EVs, by making them convenient and readily available. Benefits to the City from increased EV
Page 514 of 2284
use include improved air quality, quieter and more livable streets, and decreased dependency
on fossil fuels. However, one of the inherent challenges for this technology to gain mainstream
acceptance is analogous to the "chicken or the egg" conundrum. If EV charging stations are not
readily available, the driving public is hesitant to invest in an EV due to "range anxiety", resulting
in trips that are in close proximity to only known EV charging stations points. The expansion of
EV charging stations is necessary in order to establish a network of stations that will allow this
technology to flourish.
On January 13, 2016, the Mayor and City Commission approved the Electric Vehicle Parking
Ordinance (Ordinance No. 2016-3988), to help expand the availability of EV parking. The
Ordinance requires that at least two percent of the required off-street parking spaces be
designated for level 2 EV parking. The City has agreements in place with Blink and Tesla to
install EV charging stations in municipal garages, and currently has 13 stations installed. In
addition,the Convention Center has close to 30 charging stations.
The Sustainability Committee recommended that the Mayor and City Commission waive or
reduce the permitting fees for a period of two years for the installation of EV charging stations in
Miami Beach. Currently, the Building and Planning Departments waive building and zoning
permitting fees for solar photovoltaic (PV)projects to incentive solar installation projects.
The Building, Planning, Fire, and Environment & Sustainability Departments evaluated the
recommendations from the Sustainability Committee. Analyzing 2020 data, there were seven
building permit applications related to the installation of EV charging stations. These
applications resulted in $5,841.55 in permitting fees. Therefore, the overall fiscal impact is
anticipated to be minimal.
The attached Ordinance amends Section 14-61 of the City Code, under Chapter 14 "Entitled
Building Regulations", under Division 2 "permit fees", waiving permitting fees for Building,
Planning and Fire departments for EV charging stations projects on private property for a period
of two years. The Ordinance does not apply for projects with exterior or underground
transformers, as these projects could potentially require additional permitting reviews and
inspections and/or variance and land use board review.
SUPPORTING SURVEY DATA
Less than half of Miami Beach residents are satisfied with the City efforts to be a green or
sustainable city.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Ordinance
on Second Reading.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.A.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Page 515 of 2284
Strategic Connection
Environment& Infrastructure-Reduce greenhouse gas emissions and heat.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Mark Samuelian and Co-sponsored by Vice-Mayor Gongora & Commissioner
Steinberg
ATTACHMENTS:
Description
o Ordinance
•
Page 516 of 2284