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HomeMy WebLinkAboutOrdinance 2002-151 ORDINANCE NO. 2002-J.5j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REQUIRING ISSUANCE OF PERMITS FOR ANY CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY OR WORKS IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR CONDITIONS FOR THE ISSUANCE OF PERMITS; PROVIDING FOR WITHHOLDING OF PERMITS; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE SUBMISSION OF PERMIT APPLICATION; PROVIDING FOR PENALTIES; PROVIDING FOR EXPIRATION OF PERMITS; PROVIDING FOR EXEMPTION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR PROTECTION OF CITY PROPERTY; PROVIDING FOR EMERGENCY PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, in accordance with Section 8.3 of the Charter of the City of Sunny Isles Beach, Florida, the City of Sunny Isles Beach adopted the Code of Miami-Dade County which included Section 2-103.1 relating to the fact that it shall be unlawful for any person, corporation, partnership, association or other legal entity to construct utilities or other public works in the rights-of-way of roads or streets located within municipalities without first having obtained a permit from the Public Works Department; and WHEREAS, the City of Sunny Isles Beach would now like to adopt its own ordinance, including a revised permit fee schedule; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Issuance of Permit. It shall be unlawful for any person, corporation, partnership, association or other legal entity to construct utilities or other public works, except mailboxes, inroad and street right-of-way and easements within the City of Sunny Isles Beach without first having obtained a permit from the Public Works Department. All construction work shall conform to the uniform standards established by the entity that is the owner of the road in question. It shall also be unlawful for any person, corporation, partnership, association or other legal entity to construct paving or drainage on private property for areas used for vehicular driveways or parking within the corporate limits of the City without first having obtained a permit from the City. Section 2. Failure to construct in accordance with Permit. If the Director of the Public Works Department determines that the Permittee is not performing the construction in accordance with the conditions of the permit or approved plans upon which the permit is issued or in conformity with the uniformed standards established for such construction, the Director may order suspension of the permit or stoppage of work until such time as Permittee has Rights-of-Way Construction Permit Procedures LMD:chlHO:eb3/4/02 Legislation/Ordinances/Attorney I complied with the permit, plans or standards. In such case, the Permittee shall take all necessary precautions to leave the work area in a safe and secure condition. The Public Works Director may demand a bond of the Permittee for its protection. Section 3. Withholding of Permits. The Director of Public Works Department may withhold the issuance of permits to a contractor if the contractor has previously been issued a citation regarding work that requires public works permits and the citation is still outstanding for 45 days after the date the citation was issued. Section 4. Fees. The schedule of fees is attached hereto as Exhibit "A" and may be amended from time to time by Administrative Order of the City Manager. Section 5. Permit Application. Any person desiring to construct utilities or other public works by using the public rights-of-way in the City, shall submit an application to the Public Works Director in accordance with this Ordinance. The required application is attached hereto as Exhibit "B". The application shall be accompanied by plans or sketches which reflect the dimensions for poles and cables from the rights-of-way, centerline dimensions, street names and numbers, dimensions of trench feet. Section 6. Penalties. A penalty fee will be imposed of $100.00 plus double the original permit fee per violation of this Ordinance. Section 7. Expiration of Permit. Any such permit will expire six (6) months from the date of issuance but may be extended for a period up to but not more than one (1) year, provided that the City Manager is notified prior to the expiration of the permit. If the permit is allowed to expire without requesting an extension, a new permit will be required, including appropriate fees for the remainder of the uncompleted work. Section 8. Exemptions. Communications Services Providers, as defined by state law and Ordinance No. 2001-138, shall not be required to pay a permit fee under this Ordinance in accordance with Ordinance No. 2001-130. Communications Services Providers, however, shall be required to file a permit application with the Public Works Department. Section 9. Construction Bond. (a) Prior to the commencement of any construction or other significant work in the public rights-of-way, permittee shall furnish a construction bond in favor of the City in an amount equal to the proposed cost of the work. No work shall commence until a construction bond is furnished to the City. The construction bond shall not be released until the rights-of-way have been restored and inspected pursuant to the specifications provided in this section. (b) The construction bond shall serve as security for: (1) The faithful performance by the permittee of all terms, conditions and obligations, including restoration of the rights-of-way. Rights-of-Way Construction Permit Procedures LMD:ch/HO:eb3/4/02 Legislation/Ordinances/Attorney 2 (2) Any expenditure, damage or loss incurred by the City occasioned by the permittee's violation of this section, or its failure to comply with all rules, regulations, orders, permits and other directives of the City issued pursuant to this section. (3) Payment of all compensation due to the City, including permit fees. (4) The payment of any other amounts which become due to the City pursuant to this section or law. (5) The submission to the City of accurate record drawings showing at a minimum correct horizontal and vertical locations of new facilities placed in the rights-of-way in a format approved by the Public Works Department. Record drawings shall be certified by a professional engineer or land surveyor registered by the State of Florida, except for such engineers or surveyors who may be exempt from registration by Florida Statutes. (c) The construction bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be cancelled or renewed by the surety nor the intention to cancel or not to renew be stated by the surety until (90) calendar days after completion of construction of the facilities and, notwithstanding the foregoing, shall in no case be canceled or renewed by the surety until at least (90) calendar days' written notice to the City of surety's intention to cancel or not renew this bond." The construction bond shall be maintained until said construction work is completed and for a period not to exceed one (1) year thereafter. Permittee shall notify the City in writing when it believes the construction has been completed. (d) The City may waive the provisions of this section only as follows: (1) Permittee supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the City Manager and the City Attorney. (2) Permittee provides a written guarantee that none of the provisions of this section, nor the City's waiver of any provision of this section, shall be construed to excuse the faithful performance by or limit the liability of the Permittee under this article or permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. Rights-of-Way Construction Permit Procedures LMD:ch/HO:eb3/4/02 Legislation/Ordinances/Attorney 3 Section 10. Indemnification. (a) The Permittee shall indemnify and hold the City and its officers, directors, agents, servants, employees, successors, and assigns harmless of and from any and all claims for personal injury, death or property damage, any other losses, damages, charges or expenses, including attorneys fees, witness fees, court costs and the reasonable value of any services rendered by any officer or employee of the City, and any orders, judgments or decrees which may be entered which arise or are alleged to have arisen out of, in connection with or attributable to, the Permittee's maintenance, occupation, placement, repair, relocation or removal by the Permittee of any portion of the telecommunications system, excepting only those claims resulting from the negligence of the City. The Permittee shall undertake at its own expense the defense of any action which may be brought against the City for damages, injunctive relief or for any other cause of action arising or alleged to have arisen out of, in connection with or attributable to, the foregoing and, in the event any final judgment therein should be rendered against the City resulting from the foregoing, the Permittee shall promptly pay the final judgment together with all costs relating thereto; the Permittee being allowed, however, an appeal or appeals to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such supersedes bond to the extent required to prevent levy or judgment against the City during such appeal or appeals. (b) Nothing in this Section shall prohibit the City from participating in the defense of any litigation with its own counsel and obtaining indemnification of the reasonable costs associated therewith upon a court order awarding such costs. (c) The City Manager shall give prompt, written notice to the Permittee of any claim for which the City seeks indemnification. The Permittee shall have the right to investigate, defend and compromise these claims subject to prior City approval. Failure of the City to provide written notice shall not waive the requirement of subsection (a) hereinabove. Section 11. Protection of City Property. The Permittee shall not in any way displace, damage or destroy any infrastructure or any other facilities belonging to the City without the consent of the City; and the Permittee shall be liable to the City for the cost of any repairs made necessary by any such displacement, damage or destruction and shall pay such costs upon demand. Section 12. Emergency Permits. An applicant may initiate work in the public rights-of-way without a permit if a bona-fide emergency situation exists provided, however, the applicant shall notify the city Manager or his designee immediately of such emergency. The applicant, however, shall be required to pull a permit within three (3) days after work has commenced. Section 13. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, Rights-of-Way Construction Permit Procedures LMD:chlHO:eb3/5/02 Legislation/Ordinances! Attorney 4 sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 14. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 15. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 16. Effective Date: This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the 19th day of March, 2002. PASSED and ADOPTED on Second Readi~ day of April, 200 i-- A,TTEST: / " ~\Qf~~~~ .~, Rlc~d Btown-MOtiIla, City Clerk c/' "". \AMpftOVED,~~TO FORM AND ~E . '~, CIENCY VOTE AS FOLLOWS: S - 0 ( \/) yes ( /) yes ( ~ yes (~ yes ( v) yes Mayor Samson Vice Mayor Iglesias Commissioner Ede1cup Commissioner Goodman Commissioner Kauffman Rights-of-Way Construction Permit Procedures LMD:chIHO:eb4122102 Legislation/Ordinances! Attorney David Samson, Mayor Moved bY:~S~e..r ~(U\ Seconded by: ~ ttS (_) no (_) no (_) no (_) no (_) no 5 EXHIBIT" A" Engineering, Public Works Review and Inspection Permit Fee Schedule A. Permit Fees Fees for public works construction, under permit issued by the Building Department, in canal, road and street rights- of- way, and utility or other easements in the City of Sunny Isles Beach and for the paving and drainage on private roads in the City of Sunny Isles Beach are fixed as follows: (1) For installation or repair of sanitary and storm sewers, water lines, gas lines, buried electric, telephone CATV or other underground utilities: I For 100 linear feet or less $125.00 I For each additional 100 linear feet or fraction thereof $30.00 (2) For ex filtration drains consisting of catch basin, ex filtration trench, or slab covered trench: For each 100 linear feet or fraction thereof $75.00 (3) For installation of poles or down guys for overhead utilities: $35.00 I I For each pole or down guy (4) For construction or replacement of sidewalks, curbs and gutters: $75.00 I I For 100 linear feet or less For each additional 100 linear feet or fraction thereof $30.00 (5) For construction or asphalt or concrete driveways, including private property: For driveway width of 20 feet or less consisting of 1 or 2 driveways $75.00 I City of Sunny Isles Beach Engineering, Public Works Review and Inspection Permit Fee Schedule Page I For driveway width of 20 feet, but not greater than 40 feet, consistin of 1 drivewa (each) $100.00 For driveway width greater than 40 feet (each) $150.00 For construction of stamped concrete driveways (each) $75.00 For construction of brick paver driveways (each) $75.00 (6) For construction of street pavements, including paving of parkways and shoulders: For one lane or two lanes of pavements for 100 linear feet or less $225.00 For each additional 1 00 linear feet or fraction thereof $50.00 For three or more lanes of pavements for 100 linear feet or I less $325.00 For three or more lanes of pavements, each additional 100 linear feet or fraction thereof $100.00 (7) For the installation of embankment and/or sub grade material, excluding base rock and asphalt: $125.00 I I For 100 linear feet or less For each additional 100 linear feet or fraction thereof $35.00 (8) For construction of curb separators: $75.00 I I For each 100 linear feet or less For each additional 100 linear feet or fraction thereof $25.00 City of Sunny Isles Beach Engineering, Public Works Review and Inspection Permit Fee Schedule Page 2 (9) For erection of street name signs, traffic or directional signs: $15.00 I I For each sign (10) For construction of bridges: For bridge roadway area of 1000 feet or less $1,000.00 For each additional 100 square feet or fraction thereof $200.00 (11) For the installation of permanent type traffic barricades, guardrails or guide posts: For each 100 linear feet or fraction thereof $100.00 (12) For the construction of street or driveway culvert: For each 100 linear feet or fraction thereof $100.00 (13) Installation of culvert pipe to enclose existing drainage ditch or canal: For each 100 linear feet or fraction thereof $150.00 (14) Installation of new traffic signals: $1,500.00 I I For each intersection (15) For upgrade or modification of existing traffic signals: $1,000.00 I I For each intersection (16) For resurfacing, water proofing or seal coating: 3% I I Percentage of total project cost City of Sunny Isles Beach Engineering, Public Works Review and Inspection Permit Fee Schedule Page 3 (17) For installation of Bus Shelters: I For each shelter $100.00 I B. Penalty-Fees When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed as follows: $100.00 plus double the original permit C. Extension of Permit A permit fee may be extended for a period of up to, but not more than one year from the expiration date of the original permit provided the Building Department is notified prior to the expiration of the permit. If the permit is allowed to expire without requesting an extension, a new permit will be required, including appropriate fees, for the remainder of the uncompleted work. D. Special Proiects A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the Building Department in order to answer questions proposed by property owners, condominium associations, developers, attorneys, realtors, etc., in connection with the use, re-subdivision, and development of properties, including rights-of- way and easements or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal department work. A minimum fee of fifty-five dollars ($55.00) shall be charged. E. Engineering Review Fees (1) Engineering plan review: Schematic engineering plan review $300.00 (2) Utilities, paving, grading and drainage plan review: $750.00 I I Projects up to $300,000 Projects over $300,000 for each $1,000 in costs over $300,000 $1.25 & $750.00 City of Sunny Isles Beach Page 4 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Public Works Application W.O.# Date: Date: Process No. Permit No. Date: Company: Address: Street Address of Job: Lot: Phone: Block: Subdivision: Contractor: Contractor's Address: Contractor or Owner's Signature: Contractor Cert. Number: Current Use of Property: Work Description: Class: Processing Approved Date Disapproved Date City Engineer Public Works Conditions Under Which Approved: Inspectors Remarks: Please notify Police, Public Works and Public Utilities when starting & completing work. This work must conform with the specifications outlined in the blueprints submitted to the Building Department, City of Sunny Isles Beach. Exhibit liB It Applicant's Initials Permit Fee: