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Resolution 227-2019 1 MONROE COUNTY, FLORIDA 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 3 RESOLUTION NO. 227 -2019 4 5 A RESOLUTION AMENDING RESOLUTION NO. 154-2018, THE 6 PERMITTING FEE SCHEDULE; CONFORMING FEES TO NEW LAWS 7 AND STATE HEARING OFFICER FEES; ELIMINATING 8 ADMINISTRATIVE FEES; CREATING FEMA FLOODPLAIN APPEAL 9 FEES; CHANGING REVISION FEES; ALLOWING STAFF TO REMOVE 10 FEES UNCOLLECTABLE; AND PROVIDING FOR AN IMPLEMENTATION 11 DATE 12 13 WHEREAS, the County protects life and safety through review of construction 14 plans and inspection of construction work as provided by the Florida Building Code; and 15 16 WHEREAS, these services provided by the County are engaged at the discretion 17 of applicants and for the benefit of applicants; and 18 19 WHEREAS, the Monroe County Board of County Commissioners wish to provide 20 the citizens of the County with the best possible service in the most cost effective and 21 reasonable manner; and 22 23 WHEREAS, the Board finds that it would be in the best interests of the public to 24 charge costs for services, thereby placing the burden of such costs directly upon those 25 parties deriving the benefit from such services; and 26 27 WHEREAS, the updated fee schedules prepared by the Building Department for 28 providing these services include the estimated direct costs associated with the review and 29 processing of applications for permits issued by the County; and 30 31 WHEREAS, costs for hearings for appeals by the State hearing examiner have 32 increased causing the need for the County to increase fees for appeals handled by the 33 State hearing examiner; and 34 35 WHEREAS, State of Florida House Bill 447 eliminated the ability of a local 36 government to charge an educational surcharge for planning and environmental for 37 education fees; and 38 39 WHEREAS, FEMA is issuing new draft floodplain maps, which will be followed by 40 the issuance of preliminary floodplain maps,which can be appealed by individual property 41 owners required to be reviewed and processed by the county, thereby necessitating the 42 need for a fee for processing and technical review for any private appeals of Preliminary 43 Floodplain Maps; and 44 45 WHEREAS, certain small fees are being proposed for elimination due to the 46 administrative cost in collecting; and 47 Page 1 of 10 48 WHEREAS, revision fees are being proposed to be simplified and made more fair 49 to applicants; and 50 51 WHEREAS, the Board heard testimony and evidence presented as to the 52 appropriate fee schedule. 53 54 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 55 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 56 57 Section 1. Pursuant to Monroe County Code, the following building permit fees were 58 amended from those originally developed and implemented in Resolution 59 062-2014, and are hereby established: (All applicable fees within this Fee 60 Schedule are subject to Florida Permit Surcharge Program Fees as per F.S. 61 553.721 and F.S. 468.631, which shall be applied to all Building Permits at 62 Issuance.) 63 64 (A) BUILDING PERMIT APPLICATION FEES: 65 66 1. Upon submission of application: 67 a. Valuation-based permit jobs valued at $5,000 or more require fifty percent 68 (50%) of the building permit fee due, with remaining balance of building 69 permit fee plus one hundred percent (100%) of planning, environmental, 70 and/or fire fee as applicable due at issuance. 71 b. Permit jobs valued at less than $5,000 require one hundred percent(100%) 72 of the fee due. 73 2. Job value will be based upon the submitted, legitimate contract price or 74 ICC/Construction Costs Valuation manuals. 75 76 (B) RESIDENTIAL BUILDING PERMIT FEES: 77 1. Sewer and Alarm Permits 4a.Sewer Lateral and Grinder Pump (Electric) Permits $70.00 associated with Sewer Lateral Permits (fee includes plumbing, electric, code compliance fee, education fee, technology and document processing fee, DBPR and DEO fees and is exempt from PRP fees, although PRP review may be required) b. Low Voltage Alarm System permits j $40.00 78 79 2. For all other residential construction projects valued at less than $5,000, fees 80 for construction shall be based on the flat rates below. 81 .Residential Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Residential $167.00 $5.00 $12.00 - $184.00 82 Page 2 of 10 • 83 3. For residential construction projects valued at $5,000 or more, fees for 84 construction shall be based on the rates below and the applicant shall only be 85 assessed the fees for those disciplines which are deemed necessary for code 86 compliance. In the event a particular discipline review is not required for code 87 compliance, the applicant shall not be assessed the rate of that particular 88 discipline. For example, in the event only a Building review is deemed necessary 89 to ensure a particular application complies with Monroe County Code, the 90 applicant shall not be assessed the fee for Planning and Environmental. 91 a. A project whose value exceeds the lowest value band shall be priced based 92 on value in band 1 times rate for band 1 plus the value in the next highest 93 band times the rate for that higher band. 94 b. Building fees shall be applied as follows: 95 i. The rate table below itemizes the maximum Building fee, which 96 includes all 5 building discipline reviews (Structural, Electrical, 97 Mechanical, Plumbing, and Flood disciplines). 98 ii. If no Building disciplines are involved in reviewing the permit, the 99 permit will be charged 25% of the maximum Building fee for 100. processing and application costs. 101 iii. If less than 5 building disciplines are involved, the permit will be 102 charged an additional 15% of the maximum Building fee (over the 103 25% for processing and application costs) for each of the Building 104 disciplines involved in reviewing the permit. 105 RESIDENTIAL PERMITS Job Value$5,000 or.More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $33.51 $7.20 $7.99 $0.00 $48.70 2 $100,000 $299,999 $14.47 $4.15 $3.89 $0.00 $22.51 3 $300,000 $999,999 $10.18 $2.53 $2.12 $0.00 $14.83 4 $1,000,000 + $8.73 $2.62 $0.78 $0.00 $12.13 106 107 4. For residential projects which require plan review by Fire, including, but not 108 limited to, modular homes and community developments, the fees in Section (C) 109 shall apply. 110 111 (C) COMMERCIAL BUILDING PERMIT FEES: 112 113 1. For commercial construction projects valued at less than $5,000, fees for 114 construction shall be based on the flat rates below. 115 Commercial Fee per Application-Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Commercial $167.00 $5.00 $12.00 $11.00 $195.00 116 Page 3 of 10 117 2. For commercial construction projects valued at $5,000 or more, fees for 118 construction shall be based on the rates below and the applicant shall only be 119 assessed the fees for those disciplines which are deemed necessary for code 120 compliance. In the event a particular discipline review is not required for code 121 compliance, the applicant shall not be assessed the rate of that particular 122 discipline. For example, in the event only a Building review is deemed necessary 123 to ensure a particular application complies with Monroe County Code, the 124 applicant shall not be assessed the fee for Planning and Environmental. 125 a. A project whose value exceeds the lowest value band shall be priced based 126 on value in band 1 times rate for band 1 plus the value in the next highest 127 band times the rate for that higher band. 128 • b. Building Department fees shall be applied as follows: 129 i. The rate table below itemizes the maximum Building fee, which 130 includes all 5 building discipline reviews (Structural, Electrical, 131 Mechanical, Plumbing, and Flood disciplines). 132 ii. If no Building disciplines are involved in reviewing the permit, the 133 permit will be charged 25% of the maximum Building fee for 134 processing and application costs. 135 iii. If less than 5 building disciplines are involved, the permit will be 136 charged an additional 15% of the maximum Building fee (over the 137 25% for processing and application costs) for each of the Building 138 disciplines involved in reviewing the permit. 139 140 COMMERCIAL PERMITS Job Value$5,000 or More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $33.51 $7.20 $7.98 $2.75 $51.44 2 $100,000 $299,999 $14.47 $4.15 $3.89 $8.23 $30.74 3 $300,000 _ $999,999 - $10.18 $2.52 $2.11 $6.08 $20.89 4 $1,000,000 + $8.73 $2.62 $0.78 $5.00 $17.13 141 142 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS AT ISSUANCE: 143 1. Code Compliance - Contractor Investigation $11.00 2. Education: a. Building - New Residential or Commercial $25.00 b. Building - All Other Permits (per discipline per $2.00 permit) c. Environmental $10.00 d. Planning $4-0.00 c. Fire (Commercial Only) $10.00 144 145 146 Page 4 of 10 147 (E) FLOODPLAIN MANAGEMENT FEES: 148 1. Flood Certificate of Compliance $300:00 $50.00 2,.Flesd-pfeefing4nspestieft $440 40 2. Flood Sale Inspection/Transfer of Ownership $170.00 Initial or recertified LOMR: LOMR-F: LOMA: CLOMR: $170.00 CLOMR-F 3. 4. Variances to the Floodplain Management Requirements $1,611.00 Application Fee plus Hearing Fees* 5. Appeals (Administrative) Regarding Floodplain $1,611.00 Management Provisions Application Fee plus Hearing Fees* 6. *Hearing Fees. Applicant shall pay half the cost of the hourly rate ($756.50/hour), travel and expenses of any hearing officer. The County is currently charged $151-3.00 per hour by Department of Administrative Hearings (DOAH). If the fee charged to the County is increased, the charge will change proportionately. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney (initially 10 hours - $75-65. 00 to be paid prior to processing the application) shall be deposited by the applicant along with the application fee, and shall be returned to the applicant if unused. If the hearing is less than 10 hours, a refund will be made. If it is more than 10 hours the remaining fee due must be paid prior to permit issuance. 7. Appeal of Preliminary Floodplain Maps $5,000.00 Deposit Plus S170.00 Floodplain discipline review Property owners that appeal Preliminary Floodplain maps (on a form provided by the County), that require Monroe County to process and/or review and issue a technical opinion stating whether the evidence presented is sufficient to iustify an appeal on behalf of such permits by the County in accordance with Part 67.6 of the NFIP regulations shall bear the cost of the technical review beinq_performed by a consultant hired for such reviews. At the request of the Floodplain Administrator Applicants shall be reguired to deposit a fee of$5 000 into an escrow account to cover the cost of experts hired by the Department to review technical data/evidence submitted by the applicant compared to the FEMA Preliminary map data/modeling Any unused funds deposited by the applicant will be returned upon the County forwarding the apgeal to FEMA. Page 5 of 10 Monroe County shall obtain an estimate from the consultant they intend to hire to review and/or conduct the technical review and if the cost for the review on behalf of Monroe County is higher than the $5,000, applicant shall remit the estimated amount. If, upon review by the technical consultant, the cost for the review is greater than $5,000, and only $5,000 was initially deposited, applicant shall pa' additional fees. 149 150 (F) PLANNING AND ENVIRONMENTAL RESOURCES FEES: 151 1. Research, minimum fee per hour or fraction thereof $54.00 152 153 (G) MISCELLANEOUS FEES: 154 1. Administrative Appeal of Building Official $1,611.00 a. plus Required Advertising $245.00 2. After Hours Inspections (per hour, two hour minimum) $80.00 $86.00 3. Certificate of Occupancy Residential $100.00 /I. Certificate of Occupancy Commercial $290.00 5. Certificate of Completion Residential or Commercial $4-00.00 6. Change Contractor $7-5,99 3. Contractor Registration *State registered contractors are $50.00 exempt 4. Copies a. Approved Plan Set Reproduction and other copies $5.00 per page larger than 14 inches by 8 1/2 inches b. Other copies not more than 14 inches by 8 1/2 Use legislated fee inches per page (per FS 119.07(4)(a)1. and 2.) c. Copies requiring more than 15 minutes of staff time Actual labor cost (per FS 119.07 (4)(a)3.and_(d) 5. Excavation: Borrow Pits, Canals, Etc. $500.00 annually 5_ ._ Extensions a. Legislative No Fee b. Monroe County 180 Day Extension $250.00 6. Hurricane Shutters (valued less than $2,500) No Fee 7. Invasive Exotic Vegetation Removal (10 or fewer stems) No Fee 8. Notice to Proceed $976.00 9. Permit Investigations related to closing open/expired permit on a real estate _ _ number/ parcel ID: Page 6 of 10 a. Investigation concluding that permit has passed all No Fee required inspections, including those where County did not close permit after inspection(s) b. Investigation requiring review by Building Official, $54.00 Plans Examiners and/or Inspectors, minimum fee per real estate number/parcel ID(up to 1 hour staff time) i. Each additional Hour of staff time or fraction $54.00 thereof, per real estate number/ parcel ID c. Permit Investigations not related to closing open / $54.00 expired permit on a real estate number / parcel ID, minimum fee per hour or fraction thereof 10.Permit Referral Process (sent to Fish and Wildlife $645.00 Service)— may affect determination 11.First failed inspection (per inspection code) No Fee 12.Reinspection - Each subsequent failed reinspection (per $100.00 inspection code) 13.Reopen permit(per discipline) $54.00 4A Replacement Permit Card 14. Revision — Completely New or Valuation-based Replacement Building (Section B or C, with applicable items from D and/or G) at issuance. However, if any and all revisions are submitted within three years of the original permit issuance date, then 50% of the original fees from Section B. or C. shall be credited toward the revision fees; however in no case shall a refund be provided. 15. $54.00-per baser) on building code reg„irement changes from t'me applicable cl+sciplin ec co , .,M d , prie �nor�mit issuance, with new code exceed $.500 Y $10.00 per plan Revision — Not New or Replacement Building shall be page due at time • based on the value of the revision only and the value of of submittal; plus Page 7 of 10 the revision shall not be added back to the original permit Valuation-based valuation with a recalculation of all disciplines. (Section B or C, with applicable items from D and/or G) for any and all additional work at issuance. In no case shall a refund be provided. 16.ROGO/NROGO Revision Major revisions to structure $1,074.00 with footprint nr square font increase $10.00 per plan page duc at timc of s� bmittal vraavrrrrccar 16.Temporary Construction Trailer $215.00 per trailer 17.Temporary Use /Temporary Tent $54.00 permit fee and an additional $54.00 per tent 18.Transfer of Permit Upon Change of Ownership $200-90 18.Work commencing before permit issuance 100%penalty above the applicable valuation-based fee or flat fee for the work, plus code check compliance fees 19.Private Provider Fee Credit—A credit of 50% of the Valuation-based Permit fees fir projects valued at $5,000 or more shall (Section B or C) be given toward fees charged under Section (B) (3) or (C) (2) for projects that indicate they will use private provider for inspections AND plan review prior to submitting an application for permitting. A credit of 25% of the Permit fees for projects valued at $5,000 or more shall be given toward fees charged under Section (B) (3) or (C) (2) for projects that indicate they will use private provider for inspections OR plan review prior to submitting an application for permitting. If a project indicates they will use private provider in advance of the permit application and decides not to continue using a private provider after construction starts, they will owe the full permit fee prior to the County plans examiners or inspectors pursuing work under the permit. Page 8 of 10 • 155 156 Section 2. Fee schedules are provided for applicant convenience, but County staff 157 shall be responsible for confirming the facts of each application and the 158 amount of fees due, with the Building Official making the final decision. 159 160 Section 3. All applications for permits shall pay the amount confirmed by the County 161 prior to and as a condition of issuance of the permit. Fees that accumulate 162 after permit issuance shall be collected prior to Certificate of Occupancy or 163 prior to the permit being closed, if applicable. 164 165 Section 4. Staff are directed to cancel uncollectable fees from permits in the system 166 after a permit is void or closed, if fees are determined to be uncollectable 167 by the written determination of the Building Official with written concurrence 168 from the Planning Director. 169 170 Section 5. Termination of the related construction work prior to completion shall not 171 entitle the applicant to a refund of fees paid. 172 173 Section 6. Projects of an infrequent or unusual nature that are not otherwise addressed 174 in this resolution shall be subject to an estimate of permit fees by County 175 staff as needed. 176 177 Section 7. The fees established in this resolution shall be applicable through 178 September 30, 2019. Thereafter, annually, beginning October 1 of each 179 following year, they shall be adjusted by the percentage change in the CPI 180 from the previous year; except for those in (B) 1, (D), (E) 1, 2, 3, 6 and 7, 181 and (G) 1.a., 3, 4, 5, 8, 12, the $10 per plan page in 14 and 15,, and all other 182 No Fee items. Every four to five years, the County will adjust fees based on 183 the most current appropriations applicable to provide development approval 184 services as conditions merit. 185 186 Section 8. Resolution No. 154-2018 is hereby rescinded. 187 188 Section 9. The staff is hereby directed to implement these fees on all applications 189 submitted on or after September 1, 2019. 190 191 Section 10. The Clerk of the Court is hereby directed to forward one (1) certified copy 192 of this Resolution to the Building Department. 193 194 195 196 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 197 198 199 200 201 Page 9 of 10 ' a a 202 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners 203 of Monroe County, Florida held on the 21 st day of August, 2019. 204 Mayor Sylvia Murphy Yes Mayor Pro Tern Danny L. Kolhage Yes Commissioner Michelle Coldiron Yes Commissioner Heather Carruthers Yes Commissioner David Rice Yes 205 206 207 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 208 210 m, 211 ( . BY: 212 I May• Syl 'a Murphy 213 • � .?• 214215 �;- 216 AT� VIN MADOK, CLERK MONROE COUNTY ATTORNEY 217 APPROV D AS TO FORM 218 --� 219 Deputy Clerk PETER MORRIS ASSISTANT yi.,/,TY ATTORNEY Date: 7i O sty 'S t •! a,. ' ' CA Page 10 of 10