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Item J1 J1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: J1 2023-1382 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: A Resolution amending Resolution No. 228-2022 the permitting fee schedule; increasing fees based on the consumer price index for all urban consumers (CPI-U) for FY23; adding fees for subsequent permit application extensions and temporary certificates of occupancy/completion; 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 FY23, which is a 6.5% increase, except that increases related to inspections are being delayed until October 1, 2024, or as provided by law; and Add fees for subsequent 90-day permit application extensions (no fee for first 90-day extension) and for a temporary certificate of occupancy/completion, both in the amount of$100.00, which represents the expected cost recovery amounts for the required staff to perform the required processes to result these procedures. 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: 3098 Resolution—Amending_228-2022.pdf FINANCIAL IMPACT: N/A 3099 2 3 MONROE COUNTY, FLORIDA 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5 RESOLUTION NO. -2023 6 7 A RESOLUTION AMENDING RESOLUTION NO. 228-2022, THE 8 PERMITTING FEE SCHEDULE; INCREASING FEES BASED ON THE 9 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) 10 FOR FY 23; ADDING FEES FOR SUBSEQUENT PERMIT APPLICATION 11 EXTENSIONS AND TEMPORARY CERTIFICATES OF OCCUPANCY/ 12 COMPLETION; AND PROVIDING 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 24 25 WHEREAS, the Board finds that it would be in the best interests of the public to 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 FY23, except that fee increases related to inspections are being delayed until October 1, 35 2024, or as provided by law; and 36 37 WHEREAS, the proposed $100.00 fee for subsequent 90-day permit application 38 extensions per permit and proposed $100.00 fee for a temporary certificate of 39 occupancy/completion represent expected cost recovery amounts for the required staff 40 work to perform the required processes to result these procedures; and 41 42 WHEREAS, the Board heard testimony and evidence presented as to the 43 appropriate fee schedule. 44 Pagel of 9 3100 45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 47 48 Section 1. The foregoing recitals are hereby incorporated as if fully stated herein. 49 50 Section 2. Pursuant to Monroe County Code, the following building permit fees (and 51 Floodplain and Developmental permit fees) were amended from those 52 implemented in Resolution 228-2022 and are hereby established: (All 53 applicable fees within this Fee Schedule are subject to Florida Permit 54 Surcharge Program Fees as per F.S. 553.721 and F.S. 468.631 , which shall 55 be applied to all Building Permits at Issuance.) 56 57 (A) BUILDING PERMIT APPLICATION FEES: 58 59 1. Upon submission of application: 60 a. Valuation-based permit jobs valued at $5,000 or more require fifty percent 61 (50%) of the building permit fee due, with remaining balance of building 62 permit fee plus one hundred percent (100%) of planning, environmental, 63 and/or fire fee as applicable due at issuance. 64 b. Permit jobs valued at less than $5,000 require one hundred percent (100%) 65 of the fee due. 66 2. Job value will be based upon the submitted, legitimate contract price or 67 ICC/Construction Costs Valuation manuals. 68 69 (B) RESIDENTIAL BUILDING PERMIT FEES: 70 1. Sewer and Alarm Permits a. 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 $40.00 71 72 2. For all other residential construction projects valued at less than $5,000, fees 73 for construction shall be based on the flat rates below. 74 Residential Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Residential $198.00 $6.00 $14.00 - $218.00 75 76 3. For residential construction projects valued at $5,000 or more, fees for 77 construction shall be based on the rates below and the applicant shall only be 78 assessed the fees for those disciplines which are deemed necessary for code 79 compliance. In the event a particular discipline review is not required for code Page 2 of 9 3101 80 compliance, the applicant shall not be assessed the rate of that particular 81 discipline. For example, in the event only a Building review is deemed necessary 82 to ensure a particular application complies with Monroe County Code, the 83 applicant shall not be assessed the fee for Planning and Environmental. 84 a. A project whose value exceeds the lowest value band shall be priced based 85 on value in band 1 times rate for band 1 plus the value in the next highest 86 band times the rate for that higher band. 87 b. Building fees shall be applied as follows: 88 i. The rate table below itemizes the maximum Building fee, which 89 includes all 5 building discipline reviews (Structural, Electrical, 90 Mechanical, Plumbing, and Flood disciplines). 91 ii. If no Building disciplines are involved in reviewing the permit, the 92 permit will be charged 25% of the maximum Building fee for 93 processing and application costs. 94 iii. If less than 5 building disciplines are involved, the permit will be 95 charged an additional 15% of the maximum Building fee (over the 96 25% for processing and application costs) for each of the Building 97 disciplines involved in reviewing the permit. 98 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 $39.60 $8.51 $9.43 $0.00 $57.54 2 $100,000 $299,999 $17.11 $4.90 $4.60 $0.00 $26.61 3 $300,000 $999,999 $12.03 $2.97 $2.50 $0.00 $17.50 4 $1,000,000 + $10.31 $3.10 $0.92 $0.00 $14.33 99 100 4. For residential projects which require plan review by Fire, including, but not 101 limited to, modular homes and community developments, the fees in Section (C) 102 shall apply. 103 104 (C) COMMERCIAL BUILDING PERMIT FEES: 105 106 1. For commercial construction projects valued at less than $5,000, fees for 107 construction shall be based on the flat rates below. 108 Commercial Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Commercial $198.00 $6.00 $14.00 $13.00 $231.00 109 110 2. For commercial construction projects valued at $5,000 or more, fees for 111 construction shall be based on the rates below and the applicant shall only be 112 assessed the fees for those disciplines which are deemed necessary for code 113 compliance. In the event a particular discipline review is not required for code 114 compliance, the applicant shall not be assessed the rate of that particular Page 3 of 9 3102 115 discipline. For example, in the event only a Building review is deemed necessary 116 to ensure a particular application complies with Monroe County Code, the 117 applicant shall not be assessed the fee for Planning and Environmental. 118 a. A project whose value exceeds the lowest value band shall be priced based 119 on value in band 1 times rate for band 1 plus the value in the next highest 120 band times the rate for that higher band. 121 b. Building Department fees shall be applied as follows: 122 i. The rate table below itemizes the maximum Building fee, which 123 includes all 5 building discipline reviews (Structural, Electrical, 124 Mechanical, Plumbing, and Flood disciplines). 125 ii. If no Building disciplines are involved in reviewing the permit, the 126 permit will be charged 25% of the maximum Building fee for 127 processing and application costs. 128 iii. If less than 5 building disciplines are involved, the permit will be 129 charged an additional 15% of the maximum Building fee (over the 130 25% for processing and application costs) for each of the Building 131 disciplines involved in reviewing the permit. 132 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 $39.60 $8.51 $9.43 $3.25 $60.79 2 $100,000 $299,999 $17.11 $4.90 $4.60 $9.72 $36.33 3 $300,000 $999,999 $12.03 $2.97 $2.50 $7.18 $24.68 4 $1,000,000 + $10.31 $3.10 $0.92 $5.91 $20.24 133 134 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS AT ISSUANCE: 135 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 136 137 (E) FLOODPLAIN MANAGEMENT FEES: 138 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 $17934.00 Application Fee plus Hearing Fees* Page 4 of 9 3103 5. Appeals (Administrative) Regarding Floodplain $1,934.00 Management Provisions Application Fee plus Hearing Fees* 6. *Hearing Fees. Applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee and shall be returned to the applicant if unused. If additional costs are incurred 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 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. 139 140 (F) PLANNING AND ENVIRONMENTAL RESOURCES (DEVELOPMENTAL) FEES: 141 1. Research, minimum fee per hour or fraction thereof $65.00 2. Tree Removal / Tree Trimming / Landscaping — projects $78.00 valued at less than $5,000 3. Tree Removal / Tree Trimming / Landscaping — projects $225.00 valued at $5,000 or more 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 Page 5 of 9 3104 6. Permit Referral Process (sent to Fish and Wildlife $776.00 Service) — may affect determination 142 143 (G) MISCELLANEOUS FEES: 144 1. Administrative Appeal of Building Official $1,934.00 a. plus Required Advertising $245.00 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 5. Extensions a. 90-day Permit Application Extension i. First 90-day Extension (per Permit) No Fee ii. Each subsequent 90-day Extension (per Permit) $100.00 b. Legislative Issued Permit Extension No Fee c. Monroe County 180-day Issued Permit 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, $65.00 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 $65.00 thereof, per real estate number/ parcel ID c. Permit Investigations not related to closing open / $65.00 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 10.Reinspection - Each subsequent failed reinspection (per $100.00 inspection code Page 6 of 9 3105 11.Reopen permit (per discipline) $65.00 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 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. 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 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. 14.Corrections (to applications) No Fee 15.Temporary Construction Trailer $255.00 per trailer 16.Temporary Use / Temporary Tent $64.00 permit fee and an additional $64.00 per tent 17.Work commencing before permit issuance 100% penalty above the applicable valuation-based fee or flat fee for the work, plus code check com liance fees Page 7 of 9 3106 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 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. 19.Temporary Certificate of Occupancy / Completion $100.00 145 146 Section 3. Fee schedules are provided for applicant convenience, but County staff 147 shall be responsible for confirming the facts of each application and the 148 amount of fees due, with the Building Official making the final decision. 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/completed, 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/completed if fees are determined to be 157 uncollectable by the written determination of the Building Official with written 158 concurrence from the Planning Director. 159 160 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. 166 167 Section 8. The fees established in this resolution shall be applicable through 168 September 30, 2024. 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)1 a., 3, 4, 5, 7, 10, 19, and all other No Fee and Valuation- Page 8 of 9 3107 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. 228-2022 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, 2023. 180 181 Section 11. The Clerk of the Court is hereby directed to forward one (1) certified copy 182 of this Resolution to the Building Department. 183 184 185 186 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 187 County, Florida, at a regular meeting held on the day of September, 2023. 188 Mayor Craig Cates Mayor Pro Tern Holly Merrill Raschein Commissioner Michelle Lincoln Commissioner James Scholl Commissioner David Rice 189 190 191 BOARD OF COUNTY COMMISSIONERS 192 OF MONROE COUNTY, FLORIDA 193 194 195 BY: 196 Mayor Craig Cates 197 198 199 (SEAL) MONROE COUNTY ATTORNEY 200 ATTEST: KEVIN MADOK, CLERK APPROVED AS TO FORM: 201 202 By 203 Deputy Clerk KELLY DUGAN 204 ASSISTANT COUNTY ATTORNEY 205 Date: 8/30/23 Page 9 of 9 3108