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Parkland City Zoning Code

ARTICLE 145

PERMITS, FEES AND BONDS

Sec. 145-10.- Engineering permits required.

A.

Applicability. An engineering permit is required for all construction in public and private rights-of-way, as indicated in any plat, and easements. Such permits shall be issued by the city through its city's engineer, qualified engineering consultant, or designee.

B.

Requirements for permit. Permits for construction of water distribution systems, sanitary sewage collection systems, sanitary sewage force mains, sanitary sewage pump stations, roadways, streets, sidewalks, drainage facilities, and bridges, or the additions thereto, shall be granted only after the following requirements have been met:

1.

A subdivision, commercial or industrial plat for the area under construction has been approved by the city. This requirement shall not apply to construction in areas which are already platted, within dedicated rights-of-way, within easements dedicated to the public for right-of-way purposes, or within established single-family residence areas.

2.

Project plans and specifications have been approved by the city engineer.

3.

Application for construction permits, and required fees and bonds have been submitted.

4.

Copies of approvals from all other applicable regulatory agencies have been received by the city.

5.

Permits will be issued to qualified applicants only. Necessary application forms will be available at the appropriate city's website. Forms are to be completed, signed and submitted together with appropriate fees, bonds, and approvals of all other agencies having jurisdiction.

6.

No permit will be issued for work in any right-of-way or easement until the required fees have been paid, all required performance and maintenance bonds have been posted, and all necessary reviews, permits and/or approvals from all the applicable regulatory agencies have been obtained.

7.

Notwithstanding anything stated above, any permit issued pursuant to this section shall contain a provision indicating that no activity shall be undertaken pursuant to said permit prior to an inspection by the city engineer to ensure that precautions have been taken to protect any and all waterways (natural or manmade), drainage structures, and/or any other drainage facilities with applicable erosion and sedimentation controls in compliance with the city Code, section 135-510, stormwater management regulations, and any and all trees which are not to be removed or disturbed pursuant to said permit. It shall be the obligation of the permittee to contact the City of Parkland to call for the inspection required herein. The inspector shall prepare a report to be filed with the city which indicates his/her findings as to whether adequate preparations (in accordance with applicable NPDES standards as adopted by the State of Florida and the Tree Protection Manual for Builders and Developers) have been made to protect drainage facilities, trees and vegetation as provided for herein. Should the engineer or other designee making the inspection find that adequate precautions have not been made as is required under this subsection, then, in that event, the permittee may not commence land development activities pursuant to said permit. Upon such a finding, the permittee shall have thirty (30) days from the date that the above-referenced report has been filed, to file an appeal with the city engineer of those findings. During that time, the permittee shall have a right to one (1) reinspection by the inspector. In order to obtain said reinspection, the permittee must provide the city three (3) days' written notice and pay an eighty-dollar reinspection fee, or other fee amount as established by resolution of the city commission from time to time. If the inspector determines that a remedy has been effected, he shall file a report so indicating. In that event, the permittee may commence development if all other requirements have been satisfied. The city engineer shall have the authority to either affirm or overrule the decision of the inspector with regard to the preparations for the land development activities. If land development activities commence prior to the city providing written approval of erosion and sedimentation control and tree and vegetation protection, the permittee shall pay a penalty not to exceed five hundred dollars ($500.00) per unprotected tree and shall be subject to fines as outlined in section 135-510, stormwater management regulations. All erosion and sedimentation control and tree and vegetation protection must be maintained until the city's engineer, qualified engineering consultant, or designee provides a final letter of approval for the permitted construction work.

8.

Whereas a section of a proposed subdivision seeking a permit is part of a larger master plan (i.e., a single house or building, phased blocks and lots, etc.), approved master plans must accompany any permit application and all proposed construction must observe the specifications approved by Broward County for that subdivision, including master stormwater and grading plan, finish floor elevations, access roads and driveways, etc. Phased subdivisions must be self-sustained until all supporting infrastructure is in place.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-20. - Permit requirements for electric power line, telephone lines, television cable lines, or other signal-carrying lines.

A.

Aerial installation. The construction or upgrading of all aerial installations of electric power lines, telephone lines, television cable lines, or other signal carrying lines in public rights-of-way shall require permits as provided in this article only if the work involves installation or relocation of supporting poles or interruption of the normal flow of traffic on the roadway, except as provided in subsection E., below. Maintenance shall not require permit.

B.

Underground installations. The construction, maintenance, repair or removal of any underground installations of electric power lines, telephone lines, television cable lines, or other signal carrying lines in the public rights-of-way requiring excavation shall not commence prior to issuance of permit from the city engineer, except as provided in subsection E., below.

C.

Sealed plans not required. Plans prepared and submitted for approval by the local exchange telephone service corporation or the electric power company, are not required to be signed and sealed by an engineer registered in the State of Florida.

D.

No construction before permit. Except as provided in subsection E., below, no construction shall be started until a permit for the proposed installation has been granted by the city engineer. Violation of this article is a misdemeanor, punishable as provided by law.

E.

Emergency work. None of the above permit procedures shall apply to emergency repair work in the public and private rights-of-way or easements. Emergency repair work is defined, for the purposes of this document, as that which must be done immediately upon discovery, in order to safeguard the public from immediate danger to life or limb, or to safeguard public health or welfare. In the event of an emergency as defined above, repair work may be started without a permit upon verbal notification being given to the city engineer. If the city engineer's offices are closed, then notification must be given as early as possible on the next regular workday. After the emergency repair is completed and the right-of-way and/or easement is restored, a record drawing must be submitted to the city's engineer, qualified engineering consultant, or designee within ten (10) working days. Work that can be scheduled ahead of time will not be considered emergency work. Permit fees for emergency work (if applicable) shall be paid to the city within ten (10) working days.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-30. - Procedure for obtaining a permit.

A.

The engineer of record or the developer should discuss scope of project with the city's engineer, qualified engineering consultant, or designee prior to any initial design.

B.

No land disturbing activities and/or site work, including, but not limited to, roadwork, utilities, stormwater facilities, etc., shall be constructed in the city without obtaining prior City of Parkland approval (maintenance activities as determined by the city shall not require a permit). The City of Parkland evaluates applications for approval to construct facilities or associated lines based upon the following criteria:

1.

Compliance to the procedures and technical specifications as contained within this chapter.

2.

Compliance with city zoning regulations where applicable.

3.

Compliance with the comprehensive plan as amended.

4.

Compliance with city Code and ordinances.

5.

No application for approval shall be granted which fails to comply with the above criteria.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-40. - Preliminary plan review.

A.

A minimum of two (2) complete sets of drawings for the proposed work must be submitted to the city's engineer, qualified engineering consultant, or designee for plan review.

B.

As soon as circumstances allow, and within approximately two (2) weeks, the engineer of record will be advised of the approvability of these drawings and what, if any, items should be reviewed. One (1) set of drawings noting all required revisions shall be returned to the engineer of record with an explanatory letter.

C.

The local exchange telephone service corporation and the electric power company may normally bypass the preliminary review process at their own risk.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-50. - Engineering plan review fee.

An engineering plan review fee shall be paid at the time of plan submittal pursuant to the latest adopted schedule of fees adopted by the city commission. A copy of latest fee schedule may be obtained from the city clerk's office.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019)

Sec. 145-60. - Second preliminary review fee will be required for a major redesign of the proposed work.

A second preliminary review fee may be required if a major redesign of the proposed work occurs after preliminary review approval.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-70. - Final plan approval.

A.

Submittal requirements. The engineer of record shall submit a minimum of four (4) complete sets of drawings and other information as required. Revisions must be adequately shown and described on these drawings. A minimum of two (2) final sets of drawings will be approved and returned to the engineer of record. If applicable, five (5) sets of shop drawings for all proposed structures, pipes, fittings, etc., shall be provided. Shop drawings must be signed and approved by the engineer of record.

B.

Plan approval; changes; errors and omissions. Plan approval is based primarily upon the information contained thereon. Subsequent minor revisions may be indicated upon approved prints, but must be signed and dated by representatives of the engineer of record, and the city's engineer, qualified engineering consultant, or designee, prior to the contractor proceeding with the revision. Any substantial change in materials, location or installation may void the previous plan approval and any resulting permit issued therefor until revised drawings are reviewed and approved and the permit reinstated in writing. Although there exists the possibility of unintended errors or omissions, the City of Parkland Engineering Department reserves the right to correct said errors or omissions during subsequent engineering reviews and/or during construction. Although infrequent, changes, alterations, or site-specific decisions may be necessary to ensure compliance with applicable codes and regulations.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-80. - Permit expiration.

A.

Expiration if work not commenced. Permits will become invalid one hundred eighty (180) calendar days from the date of issuance if work has not begun on permitted project, unless other provisions have been made with the city or city's engineer, qualified engineering consultant, or designee.

B.

Expiration if work suspended. Permits will become invalid upon suspension of work in excess of ninety (90) days on any permitted work, unless an extension has been granted by the city or city's engineer, qualified engineering consultant, or designee. At the discretion of the city's engineer, qualified engineering consultant, or designee, the developer and/or contractor may be granted one (1) extension per project.

C.

New application required if permit expires. If the permittee wishes to begin, continue, or resume work after permit expiration, a new permit must be obtained with all current conditions and regulations having to be met, including new plan approval. A new permit fee will be charged for the uncompleted portion only.

D.

Project completion. Permits will expire upon completion of the permitted work and acceptance by the owner, operator, regulatory agencies involved, and the city's engineer, qualified engineering consultant, or designee.

E.

Permit renewal after two (2) years. Construction which exceeds a two-year period may require, at the option of the city and without additional fee, permit renewal and a project status statement.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-90. - Engineering permit fees.

A.

The owner or contractor shall apply for an engineering permit for the construction of all infrastructure improvements (including, but not limited to, water distribution systems, sewerage collection systems, land disturbing/excavation/embankment, drainage systems, lake construction, roadway/parking lot construction, and site grading construction). The owner or contractor shall provide four (4) sets of construction drawings and an engineer's construction cost estimate, both signed and sealed by a Florida-registered professional engineer. Such estimated costs shall be approved by the city's engineer, qualified engineering consultant, or designee. A fee in the amount of two (2) percent of the total construction costs of water distribution and sewerage collection systems, and a fee in the amount of five (5) percent of the total construction costs of all other infrastructure improvements shall be paid in full prior to receiving an engineering permit from the engineering division. This fee shall cover all costs associated with engineering division inspection costs. All fees are nonrefundable. Permit fees shall be derived from an engineer's opinion of costs and/or approved bid contract by a licensed, qualified contractor in the State of Florida, whichever is higher. The minimum right-of-way permit fees shall be pursuant to the latest adopted schedule of fees adopted by the city commission. A copy of the latest fee schedule may be obtained from the city clerk's office.

B.

Engineering review and inspection fees associated with construction permits issued through the development services department shall be pursuant to the latest adopted schedule of fee adopted by the city commission. A copy of the latest fee schedule may be obtained from the city clerk's office.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019)

Sec. 145-100. - Permit fees to be paid in the form of checks.

Permit fees shall be paid in the form of checks made payable to the City of Parkland, Florida.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-110. - Double permit fee.

A double permit fee will be charged pursuant to the latest adopted schedule of fees adopted by the city commission when work to be permitted is begun prior to issuance of the required permit unless said work is deemed unpermittable, in which case it shall be removed within ten (10) days. A copy of the latest fee schedule can be obtained from the city clerk's office.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019)

Sec. 145-120. - Reinspection, re-testing, and redesign fees.

A reinspection fee will be charged each time the city engineer must visit any job site to reinspect any installation or portion thereof that has failed to meet city requirements on a previous test or scheduled inspection, pursuant to the latest adopted schedule of fees adopted the city commission. All punch list items must be addressed before a final inspection. The contractor will be charged for performance of each additional final inspection, pursuant to the latest adopted schedule of fees adopted by the city commission. One (1) final walkthrough for the purpose of creating a punch list will be required; this walkthrough shall not be considered a final inspection. A copy of the latest fee schedule can be obtained from the city clerk's office or city engineering website.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019)

Sec. 145-130. - Notice of cancellation of any test or scheduled inspection.

Notice of cancellation of any test or scheduled inspection must be given at least twenty-four (24) working hours prior to the scheduled time, to permit rescheduling of the inspector to another location. Failure to do so will result in the test or inspection being counted as a failure, and a reinspection or re-test fee being charged upon rescheduling of same.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-135. - Engineering permit, review and inspection fees schedule.

Engineering permit, review and inspection fees as defined in sections 145-50, 145-90 and 145-120 may be amended from time to time by resolution of the city commission. A copy of the latest fee schedule can be obtained from the city clerk's office or city engineering website. In addition, the city shall reserve the right to waive engineering permit, review and inspection fees for city projects.

(Ord. No. 2019-012, § 7, 10-16-2019)

Sec. 145-140. - Impairment fee.

An impairment fee will be assessed for each open cut into a final lift of a paved roadway. The amount of the fee will be based upon the age of the pavement and the number of lanes cut (or in the case of lines parallel to the roadway, the length of the cut) as shown in the table below. Pavement age is defined as the elapsed time since the road was constructed or resurfaced. No open cuts will be allowed without approval from the city's engineer, qualified engineering consultant, or designee.

IMPAIRMENT FEE CALCULATION TABLE

For lines crossing major, arterial and collector roadways:

Age of Roadway Fee Per Lane to Be Patched Minimum Fee Per Crossing
Up to 5 years $500.00 $500.00
Over 5 years $250.00 $250.00

 

For lines parallel to major collector roadways under pavement:

Age of Roadway Fee Per Linear Foot of Patch Minimum Fee Per Location
Up to 5 years $10.00 $500.00
Over 5 years $5.00 $500.00

 

Local and service roadways fees shall be calculated at a rate of twenty-five (25) percent of those listed above. In addition, city shall reserve the right to waive impairment fees for city projects.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 145-150. - Performance bonds.

A.

Bond required. A performance bond shall be required for construction in private rights-of-way relating to the construction of roadways and infrastructure improvements and for construction in public rights-of-way and easements relating to all improvements. The performance bond(s) shall cover the same independent obligations as the public construction bond specified in F.S. § 255.05, and all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings the city sustains because of default by the developer. All performance bonds are to be in penal sum of at least equal to one hundred twenty-five (125) percent of the certified engineering estimate of the work shown in the approved plans (if approved plans are not available, then based on the scope of work approved by the city engineer) and based upon industry pricing or the most current Broward County Estimate Form.

B.

Bond form. A performance bond shall be posted in the form of certified check, surety bond or letter of credit. All bonds must be in a form acceptable to the city and the city attorney and issued by an approved domestic surety company with a AAA rating in the latest "Best's Insurance Guide with Key Ratings" or by listing in U.S. Treasury Department circular called "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies." The performance bond shall obligate the developer as principal, and the surety company as surety and shall be payable to the city as obligee. Bonds shall be irrevocable and shall indemnify the City of Parkland against costs of restoring or maintaining the public and private rights-of-way or easements due to, or arising from, failure of the permittee to complete the work properly, to pay fully for labor, material and/or equipment supplied for the project, or for a failure in the rights-of-way or easements related to the permitted installation. The city shall reserve the right to waive performance bonds for city projects.

C.

Release of bond.

1.

After final acceptance of the completed facilities by the city and the satisfactory performance of developer obligations up to commencement of the warrant period, the city may release the required performance bond (and may release all other alternative financial assurances set forth in this section) upon receipt of a substitute guarantee, maintenance cash bond, or warranty bond. Release of the performance bond shall require review by the city engineer and approval of the city manager or his/her authorized designee.

2.

The city manager or the city manager's authorized designee may consider and approve a partial release of any performance bond provided that:

(i)

At least fifty (50) percent of the bonded improvements have been completed; and

(ii)

A performance bond is maintained in a penal sum equal to one hundred twenty-five (125) percent of the certified engineering estimate of the remaining work shown in the approved plans and based upon industry pricing or the most current Broward County Estimate Form; or

(iii)

If approved plans are not available, a performance bond is maintained in a penal sum equal to one hundred twenty-five (125) percent of the certified engineering estimate of the remaining work as determined by the city engineer and based upon industry pricing or the most current Broward County Estimate Form.

Partial release of the performance bond shall require review by the city engineer and approval of the city manager or his/her authorized designee.

3.

Performance bonds may be released by the city when fee simple title to a property is transferred. The city may condition the release of the bond on the receipt of a new bond from the new owner that complies with section 145-150 of the land development code.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019; Ord. No. 2022-001, § 5, 3-16-2022)

Sec. 145-160. - Warranty bond.

A.

Bond required. A warranty bond shall be required for construction in public rights-of-way and easements, together with all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings the city sustains because of default by the developer shall commence upon final release of the performance bond. A warranty bond covering work performed in private rights-of-way relating only to the construction of roadways and infrastructure improvements shall commence upon final release of the performance bond. A warranty bond shall be for a period of two (2) years at a bond amount of twenty-five (25) percent of the cost of all related construction. In the case of private rights-of-way, an alternate security acceptable to the city commission may be substituted for a warranty bond.

B.

Bond types. A warranty bond shall be posted in the form of a certified check, surety bond or letter of credit. All bonds must be in a form acceptable to the city and the city attorney and issued by an approved domestic surety company with a AAA rating in the latest "Best's Insurance Guide with Key Ratings" or by listing in U.S. Treasury Department circular called "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies." The warranty bond shall obligate the developer as principal, and the surety company as surety and shall be payable to the city as obligee. Bonds shall be irrevocable and shall indemnify the City of Parkland against costs of restoring or maintaining the public and private rights-of-way or easements due to, or arising from, failure of the permittee to complete the work properly, to pay fully for labor, material and/or equipment supplied for the project, or for a failure in the rights-of-way or easements related to the permitted installation. The city shall reserve the right to waive warranty bonds for city projects.

C.

Release of bond.

1.

After final acceptance of the completed facilities by the city and the satisfactory performance of developer obligations, the city may release the required warranty bond on request by the developer. Release of the warranty bond shall require review by the city engineer and approval of the city manager or his/her authorized designee.

2.

Warrant bonds may be released by the city when fee simple title to a property is transferred. The city may condition the release of the bond on the receipt of a new bond from the new owner that complies with section 145-160 of the land development code.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-012, § 7, 10-16-2019; Ord. No. 2022-001, § 5, 3-16-2022)