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(A) It shall be unlawful for any person to construct, repair, erect or install mooring structures, or any similar marine structures, tidal flood barriers, banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, rip-rap, derelict erosion control structures, or permeable earthen mounds that do not provide an impermeable water barrier to tidal flooding, footers or any other similar infrastructure designed and constructed to perform as a flood barrier in, over or upon the canals, waterways, rivers, or basins within the city without first obtaining an engineering permit from the City Engineer, as provided in this chapter and a building permit from the City Building Official as provided in Chapter 152. The qualified applicant for the proposed work, as defined in F.S. Chapter 489 and Chapter 9 of the Broward County Ordinances, shall also be required to seek the necessary approvals, permits and/or exemptions from the Broward County Environmental Protection and Growth Management Department, Florida Department of Environmental Protection or South Florida Water Management District, United States Army Corps of Engineers, and other governmental agencies as applicable, unless subject to the exceptions set forth in F.S. § 403.813.
(1) Permits shall be required for replacement of a mooring structure’s structural elements including, but not limited to, pilings, sub-stringers, stringers, and ledgers, however, replacement of 25% or less of existing decking within a calendar year shall be exempt from the requirement to obtain a permit.
(2) Nonconforming mooring structures or similar structures, shoreline or shoreline structures, banks, berms, green-grey infrastructure, seawalls, seawall caps, footers, upland stem walls, rip-rap, derelict erosion control structures, or permeable earthen mounds that do not provide an impermeable water barrier to tidal flooding or any other similar infrastructure that were properly permitted by the city at the time of initial installation which are destroyed by fire or other casualty or force majeure shall only be reconstructed in conformity with all current applicable regulations.
(3) Nonconforming mooring structures or similar dock structures, that were properly permitted by the city at the time of initial installation which are damaged or otherwise require maintenance may be repaired and remain in their existing nonconforming configuration, provided that they were properly permitted by the city at the time of initial installation, and such repairs do not require replacement of more than 50% of the combined structural elements as determined by the City Engineer including, but not limited to, pilings, sub-stringers, stringers and ledgers, but excluding wood or fabricated wood decking.
(‘58 Code, § 44.01) (Ord. 720, passed 10-14-59; Am. Ord. 66-33, passed 3-21-66; Am. Ord. 73-4, passed 11-8-72; Am. Ord. 94-06, passed 12-14-93; Am. Ord. 2012- 47, passed 6-12-12; Am. Ord. 2022-28, passed 2-8-22)
(B) The application for a permit prescribed by (A) above shall describe the work to be done, shall include detailed cost information on the value of the proposed work, and the manner in which it is to be done; shall conform with the requirements listed herein; and shall comply in all applicable respects with the requirements of the technical codes of Chapter 152.
(C) The application shall be accompanied by detailed plans and specifications for the structure at the proposed site, together with a site plan or survey showing the location of the proposed structure or alteration in conjunction with adjoining lands, waters and channels. The plans and specifications must be prepared by an engineer licensed in the State of Florida. As-built drawings and final certification of completion and compliance to that engineer’s design shall be submitted to the city before the city’s final acceptance.
(D) The engineering fee for a permit shall be 4% of the cost of the proposed construction, as submitted by the applicant and as verified by the Building Official or designee, with a minimum fee of $100.
(‘58 Code, § 44.01.1) (Ord. 574-A, passed - - )
(Ord. 529, passed - - ; Am. Ord. 63-50, passed 8-6-63; Am. Ord. 94-06, passed 12-14-93; Am. Ord. 2012-47, passed 6-12-12; Am. Ord. 2019-04, passed 10-23-18)
(E) Engineering permit fees shall be waived for the construction of city owned capital improvement projects.
(F) Project cost valuation by city. Should the applicant for the permit fail to supply the Building Official with its detailed cost information, the Building Official shall value the cost of the improvement using information obtained from generally accepted construction cost data publications.
(G) Application for permit. An Engineering Division permit application must be submitted by a qualified applicant, according to Chapter 489 of the Florida Statues and Chapter 9 of the Broward County Code of Ordinances, for the proposed work.
(H) Double Fee. Any permit applicant who has commenced any construction work for which an engineering permit is required prior to the permit being issued shall be subject to a penalty of 100% of the usual application fee in addition to the required application fees. The payment of the double fee shall not relieve any person, firm, or corporation from compliance with all applicable regulations and codes, nor shall it relieve the person, firm, or corporation from being subject to any of the penalties therein.
(I) Re-inspection fees. If the Engineering Inspector, while performing a partial or final inspection of the construction work, finds that the work does not conform or comply with approved plans or the city's Code of Ordinances, he/she shall notify the contractor or property owner and indicate the required corrections. The contractor or property owner shall notify the Engineering Inspector to request a re-inspection after the required corrections have been made. A re-inspection fee of $30 will be charged for the re-inspection; however, when an extra inspection is necessary due to any of the below listed reasons, a fee charge of four times the amount of the first re-inspection shall be imposed:
(1) Wrong address provided for the initial inspection by the permittee or contractor;
(2) Repairs or correction not completed when re-inspection has been requested;
(3) Work not ready or job site inaccessible for inspection;
(4) The final or other inspections could not be performed due to the actions of the permittee or contractor; or
(5) Second or subsequent failed inspection of the same repair/correction.
Payment of re-inspection fees shall be made prior to the issuance of city final inspection and permit close-out. No further inspections will be scheduled or performed until all outstanding re-inspection fees have been paid.
(J) Plan revisions or change of contractor. A fee of $100 will be charged for all revised plans submitted for review or for a change of contractor application. An estimate of the cost of construction for the additional work shall be submitted with the revised plans. A revised permit and plan approval will be issued for this work. If additional work is shown on the revised plans, a permit fee will be charged based on 4% of the cost of construction of the additional work.
(K) Nonrefundable fees. All permit fees and re-inspection fees are nonrefundable.
(L) Time limitation. Permits shall expire and become null and void if the work authorized by the permit is not commenced within 180 days from the issuance date of the permit, or if such work is commenced and is abandoned or suspended for a period of 90 days. If work has commenced, and the permit becomes null and void or expires because of abandonment or a lack of progress, a new permit for the proposed work shall be obtained before proceeding with the work. If the work covered by the permit has not commenced, or has commenced and been suspended or abandoned, the City Engineer may extend such permit for a single period of 180 days from the date of expiration of the original permit, if request for extension is made prior to the expiration date of the original permit. No permit shall remain valid for a period in excess of two years.
(M) Voided permits. Permits may be voided in the event permit fees or re-inspection fees are not paid in full and/or due to forged signatures, or any false statement or misrepresentation of fact, on permit applications or documents.
(Ord. 2012-47, passed 6-12-12; Am. Ord. 2019-04, passed 10-23- 18; Am. Ord. 2022-28, passed 2-8-22) Penalty, see § 10.99