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Item K1 K.1 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: K.1 Agenda Item Summary #10882 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727 N/A AGENDA ITEM WORDING: Approval of a Resolution amending Resolution 228-2020 the permitting fee schedule, increasing fees based on the consumer price index for all urban consumers (CPI-U) for FY22; eliminating the $10.00 per plan page fees for submission of corrections and revisions; and providing for an implementation date ITEM BACKGROUND: The fee schedule is amended from time to time in order to address both necessary changes, such as Code amendments, as well as changes proposed to clarify and/or amend existing fees. Staff is proposing to: • Update the fee schedule to include the consumer price index for all urban consumers (CPI-U) from FY22, which is a 7.0% increase. • Eliminate the $10.00 per plan page fees currently charges for submission of corrections and revisions as certain staff work associated with this task will be minimized with the transition to electronic permitting. PREVIOUS RELEVANT BOCC ACTION: March 19, 2014 - BOCC approved Resolution 062-2014, which introduced job value-based fees for projects greater than $5,000.00. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution Amending 228-2020 Packet Pg. 2620 K.1 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Rick Griffin Completed 07/23/2022 12:19 PM Maureen Proffitt Completed 07/25/2022 11:14 AM Kelly Dugan Completed 07/29/2022 1:34 PM Brian Bradley Completed 07/29/2022 3:59 PM Budget and Finance Completed 08/01/2022 10:40 AM Lindsey Ballard Completed 08/02/2022 8:36 AM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 2621 K.1.a ra'i n 2 3 MONROE COUNTY, FLORIDA 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5 RESOLUTION NO. -2022 6 7 A RESOLUTION AMENDING RESOLUTION NO. 228-2020, THE CN 8 PERMITTING FEE SCHEDULE; INCREASING FEES BASED ON THE 9 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) 10 FOR FY 22; ELIMINATING THE $10.00 PER PLAN PAGE FEES FOR 11 SUBMISSION OF CORRECTIONS AND REVISIONS; AND PROVIDING 12 FOR AN IMPLEMENTATION DATE 13 14 15 WHEREAS, the County protects life and safety through review of construction 16 plans and inspection of construction work as provided by the Florida Building Code; and 17 18 WHEREAS, these services provided by the County are engaged at the discretion 19 of applicants and for the benefit of applicants; and 20 21 WHEREAS, the Monroe County Board of County Commissioners wish to provide 22 the citizens of the County with the best possible service in the most cost effective and 23 reasonable manner; and N 24 25 WHEREAS, the Board finds that it would be in the best interests of the public to N, 26 charge costs for services, thereby placing the burden of such costs directly upon those 27 parties deriving the benefit from such services; and 28 29 WHEREAS, the updated fee schedule prepared by the Building Department for 30 providing these services includes the estimated direct costs associated with the review 31 and processing of applications for permits issued by the County; and 32 33 WHEREAS, fees are being proposed to be increased by the CPI-U for County 34 FY22; and 35 36 WHEREAS, the $10.00 per plan page fees currently charged for submission of 37 corrections and revisions are being proposed to be eliminated as certain staff work 38 associated with this task will be minimized with the transition to electronic permitting; and 39 40 WHEREAS, the Board heard testimony and evidence presented as to the 41 appropriate fee schedule. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 44 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Pagel of 9 Packet Pg. 2622 K.1.a 45 46 Section 1. The foregoing recitals are hereby incorporated as if fully stated herein. 47 48 Section 2. Pursuant to Monroe County Code, the following building permit fees (and 49 Floodplain and Developmental permit fees) were amended from those 50 implemented in Resolution 228-2020 and are hereby established: (All 51 applicable fees within this Fee Schedule are subject to Florida Permit 52 Surcharge Program Fees as per F.S. 553.721 and F.S. 468.631 , which shall 53 be applied to all Building Permits at Issuance.) 54 55 (A) BUILDING PERMIT APPLICATION FEES: 56 >_ 57 1. Upon submission of application: 58 a. Valuation-based permit jobs valued at $5,000 or more require fifty percent 75 59 (50%) of the building permit fee due, with remaining balance of building 60 permit fee plus one hundred percent (100%) of planning, environmental, 61 and/or fire fee as applicable due at issuance. 62 b. Permit jobs valued at less than $5,000 require one hundred percent (100%) 63 of the fee due. 64 2. Job value will be based upon the submitted, legitimate contract price or 65 ICC/Construction Costs Valuation manuals. 66 67 (B) RESIDENTIAL BUILDING PERMIT FEES: 68 1. Sewer and Alarm Permits a. Sewer Lateral and Grinder Pump (Electric) Permits $70.00 associated with Sewer Lateral Permits (fee includes Q plumbing, electric, code compliance fee, education 00 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 $40.00 69 70 2. For all other residential construction projects valued at less than $5,000, fees 71 for construction shall be based on the flat rates below. 0 U) 72 Residential Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Residential $189.00 $6.00 $13.00 - $208.00 73 74 3. For residential construction projects valued at $5,000 or more, fees for 75 construction shall be based on the rates below and the applicant shall only be 76 assessed the fees for those disciplines which are deemed necessary for code 77 compliance. In the event a particular discipline review is not required for code 78 compliance, the applicant shall not be assessed the rate of that particular 79 discipline. For example, in the event only a Building review is deemed necessary Page 2 of 9 Packet Pg. 2623 K.1.a 80 to ensure a particular application complies with Monroe County Code, the 81 applicant shall not be assessed the fee for Planning and Environmental. 82 a. A project whose value exceeds the lowest value band shall be priced based 83 on value in band 1 times rate for band 1 plus the value in the next highest 84 band times the rate for that higher band. 85 b. Building fees shall be applied as follows: 86 i. The rate table below itemizes the maximum Building fee, which 87 includes all 5 building discipline reviews (Structural, Electrical, 88 Mechanical, Plumbing, and Flood disciplines). 89 ii. If no Building disciplines are involved in reviewing the permit, the 90 permit will be charged 25% of the maximum Building fee for 91 processing and application costs. >- 92 iii. If less than 5 building disciplines are involved, the permit will be 93 charged an additional 15% of the maximum Building fee (over the 75 94 25% for processing and application costs) for each of the Building 95 disciplines involved in reviewing the permit. 96 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 $37.76 $8.12 $8.99 $0.00 $54.87 2 $100,000 $299,999 $16.31 $4.67 $4.39 $0.00 $25.37 3 $300,000 $999,999 $11.47 $2.83 $2.39 $0.00 $16.69 4 1 $1,000,000 1 + 1 1 $9.83 1 $2.95 1 $0.88 1 $0.00 $13.66 97 N 98 4. For residential projects which require plan review by Fire, including, but not 00 00 99 limited to, modular homes and community developments, the fees in Section (C) CN 100 shall apply. 101 102 (C) COMMERCIAL BUILDING PERMIT FEES: 103 104 1. For commercial construction projects valued at less than $5,000, fees for 105 construction shall be based on the flat rates below. 106 Commercial Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Commercial $189.00 $6.00 $13.00 $12.00 $220.00 107 108 2. For commercial construction projects valued at $5,000 or more, fees for 109 construction shall be based on the rates below and the applicant shall only be 110 assessed the fees for those disciplines which are deemed necessary for code 111 compliance. In the event a particular discipline review is not required for code 112 compliance, the applicant shall not be assessed the rate of that particular 113 discipline. For example, in the event only a Building review is deemed necessary Page 3 of 9 Packet Pg. 2624 K.1.a 114 to ensure a particular application complies with Monroe County Code, the 115 applicant shall not be assessed the fee for Planning and Environmental. 116 a. A project whose value exceeds the lowest value band shall be priced based 117 on value in band 1 times rate for band 1 plus the value in the next highest 118 band times the rate for that higher band. 119 b. Building Department fees shall be applied as follows: 120 i. The rate table below itemizes the maximum Building fee, which 121 includes all 5 building discipline reviews (Structural, Electrical, 122 Mechanical, Plumbing, and Flood disciplines). 123 ii. If no Building disciplines are involved in reviewing the permit, the 124 permit will be charged 25% of the maximum Building fee for 125 processing and application costs. >- 126 iii. If less than 5 building disciplines are involved, the permit will be 127 charged an additional 15% of the maximum Building fee (over the 75 128 25% for processing and application costs) for each of the Building 129 disciplines involved in reviewing the permit. 130 131 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 $37.76 $8.12 $8.99 $3.09 $57.96 S 2 $100,000 $299,999 $16.31 $4.67 $4.39 $9.27 $34.64 3 $300,000 $999,999 $11.47 $2.83 $2.39 $6.84 $23.53 4 $1,000,000 + $9.83 $2.95 $0.88 $5.64 $19.30 cN cN 132 00 133 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS AT ISSUANCE: N 134 1. Code Compliance - Contractor Investigation $11.00 2. Education: E a. Building - New Residential or Commercial $25.00 b. Building - All Other Permits (per discipline per $2.00 permit) 0 135 136 (E) FLOODPLAIN MANAGEMENT FEES: 137 1. Flood Certificate of Compliance $50.00 2. Flood Sale Inspection/Transfer of Ownership $170.00 3. Initial or recertified LOMR; LOMR-F; LOMA; CLOMR; $170.00 CLOMR-F 4. Variances to the Floodplain Management Requirements $1,816.00 Application Fee plus Hearing Fees* Page 4 of 9 Packet Pg. 2625 K.1.a 5. Appeals (Administrative) Regarding Floodplain $1,816.00 Management Provisions Application Fee plus Hearing Fees* 6. *Hearing Fees. Applicant shall pay half the cost of the hourly rate ($75.00/hour), travel and expenses of any hearing officer. The County is currently charged $150.00 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 (i n i t i a l I y 10 h o u r s - $750 .00 to be paid prior to processing the application ) N shall be deposited by the applicant along with the application fee and shall U_ 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 $170.00 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 justify 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 being performed by a consultant hired for such reviews. �- At the request of the Floodplain Administrator Applicants shall be required to deposit a fee of$5,000.00 into an escrow account to cover the cost of experts hired by the Department to review technical data/evidence submitted by the 00 applicant compared to the FEMA Preliminary map data/modeling Any unused funds deposited by the applicant will be returned upon the County forwarding the appeal to FEMA. 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 $5,000.00, applicant shall remit the estimated amount. If, upon review by the technical consultant, the cost for the review is greater than $5,000.00, and only $5,000.00 was initially deposited, applicant shall pay additional fees. 138 139 (F) PLANNING AND ENVIRONMENTAL RESOURCES (DEVELOPMENTAL) FEES: 140 1. Research, minimum fee per hour or fraction thereof $61.00 2. Tree Removal / Tree Trimming / Landscaping — projects $74.00 valued at less than $5,000 3. Tree Removal / Tree Trimming / Landscaping — projects $215.00 valued at $5,000 or more Page 5 of 9 Packet Pg. 2626 K.1.a 4. Invasive Exotic Vegetation Removal (10 or fewer stems) No Fee / Hazardous Tree Removal 5. Environmental Education for Rip-Rap, Restoration, and $10.00 Canal Restoration permits 6. Permit Referral Process (sent to Fish and Wildlife $729.00 Service) — may affect determination 141 142 143 (G) MISCELLANEOUS FEES: 144 1. Administrative Appeal of Building Official $1,816.00 N 1- a. plus Required Advertising $245.00 0 2. After Hours Inspections (per hour, two hour minimum) $97.00 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 '/2 inches b. Other copies not more than 14 inches by 8 '/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 N 5. Extensions 00 00 N a. Legislative No Fee b. Monroe County 180 Day Extension $250.00 6. Hurricane Shutters (valued less than $2,500) No Fee 7. Notice to Proceed $976.00 8. Permit Investigations related to closing open/expired permit on a real estate number/ parcel ID: 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, $61.00 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 $61.00 thereof, per real estate number/ parcel ID c. Permit Investigations not related to closing open / $61.00 expired permit on a real estate number / parcel ID, minimum fee per hour or fraction thereof 9. First failed inspection (per inspection code) No Fee Page 6 of 9 Packet Pg. 2627 K.1.a 10.Reinspection - Each subsequent failed reinspection (per $100.00 inspection code 11.Reopen permit (per discipline) $61.00 12.Revision — New or Replacement Building Valuation-based (Section B or C, with applicable items from D and/or G) at issuance. However, if any and all revisions are submitted U_ 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 n provided. 13.Revision — Not New or Replacement Building shall be Valuation-based based on the value of the revision only and the value of (Section B or C, the revision shall not be added back to the original permit with applicable 00 00 valuation with a recalculation of all disciplines. items from D and/or G) for any and all additional work at issuance. In no case shall a refund be provided. 0 U) 14.Corrections (to applications) No Fee 15.Temporary Construction Trailer $243.00 per trailer 16.Temporary Use / Temporary Tent $61.00 permit fee and an additional $61.00 per tent 17.Work commencing before permit issuance 100% penalty above the applicable valuation-based fee or flat fee for the work, plus Page 7 of 9 Packet Pg. 2628 K.1.a code check compliance fees 18.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 0 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. 145 146 Section 3. Fee schedules are provided for applicant convenience, but County staff N 147 shall be responsible for confirming the facts of each application and the N 00 148 amount of fees due, with the Building Official making the final decision. N 149 150 Section 4. All applications for permits shall pay the amount confirmed by the County 151 prior to and as a condition of issuance of the permit. Fees that accumulate 152 after permit issuance shall be collected prior to Certificate of Occupancy or 153 prior to the permit being closed, if applicable. 154 155 Section 5. Staff are directed to cancel uncollectable fees from permits in the system 156 after a permit is void or closed, if fees are determined to be uncollectable 157 by the written determination of the Building Official with written concurrence 158 from the Planning Director. 159 CU 160 Section 6. Termination of the related construction work prior to completion shall not 161 entitle the applicant to a refund of fees paid. 162 163 Section 7. Projects of an infrequent or unusual nature that are not otherwise addressed 164 in this resolution shall be subject to an estimate of permit fees by County 165 staff as needed. 166 Page 8 of 9 Packet Pg. 2629 K.1.a 167 Section 8. The fees established in this resolution shall be applicable through 168 September 30, 2023. Thereafter, annually, beginning October 1 of each 169 following year, they shall be adjusted by the percentage change in the CPI 170 from the previous year; except for those in Section 2. (B) 1, (D), (E) 1, 2, 3, 171 6 and 7, (F) 5, (G)la., 3, 4, 5, 7, 10, and all other No Fee and Valuation- 172 based items. Every four to five years, the County will adjust fees based on 173 the most current appropriations applicable to provide development approval 174 services as conditions merit. 175 176 Section 9. Resolution No. 228-2020 is hereby rescinded. 177 178 Section 10. The staff is hereby directed to implement these fees on all applications >- 179 submitted on or after October 1, 2022. 0 180 75 181 Section 11. The Clerk of the Court is hereby directed to forward one (1) certified copy 182 of this Resolution to the Building Department. 183 184 185 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 186 County, Florida, at a regular meeting held on the day of August, 2022. 187 Mayor David Rice Mayor Pro Tern Craig Cates Commissioner Michelle Coldiron Commissioner James Scholl Commissioner Holly Merrill Raschein CN 188 Q CN 189 BOARD OF COUNTY COMMISSIONERS 00 CN 190 OF MONROE COUNTY, FLORIDA CN 191 192 BY: 193 Mayor David Rice 194 195 (SEAL) 196 ATTEST: KEVIN MADOK, CLERK 197 198 By 199 As Deputy Clerk c� MONROE COUNTY ATTORNEY APPROVED,AS TO FORM: KELLY DUGAN ASSISTANT COUNTY ATTORNEY DATE: 200 Page 9 of 9 Packet Pg. 2630