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Draft 1 of Miami-Dade XML created by Marco, Cristhian & Hal
Raw
gistfile1.xml
<?xml version="1.0" encoding="utf-8"?>
<law>
<structure>
<unit label="title"" identifier="Sec. 33H-17." order_by="Sec. 33H-17." level="">PART III CODE OF ORDINANCES</unit>
<unit label="chapter"" identifier="Sec. 33H-17." order_by="Sec. 33H-17." level="">Chapter 33H PARK IMPACT FEE ORDINANCE
</unit>
</structure>
<catch_line>Sec. 33H-1. Short title, applicability and purpose.<</catch_line>
<text>
<section prefix = (a)>
This chapter [Ordinance Number 90-59] shall be known and may be cited as the "Park
Impact Fee Ordinance."
</section>
<section prefix = (b)>
This chapter shall apply to the development of property for residential use located
within the boundaries of the unincorporated area of Miami-Dade County. Nonresidential
development of property shall not be subject to the terms of the chapter.
</section>
<section prefix = (c)>
The existence of public parks has substantial benefits to proximate residential development.
These benefits include actual use by residents of such development and aesthetic,
recreational, and environmental benefits to the residential area and its population.
These benefits accrue to all properties and residents of the area.
</section>
<section prefix = (d)>
The purpose of this chapter is to provide not only for the minimum level of service
established by the CDMP, but also for the additional public park open space and recreation
facilities necessary to adequately serve the impacts and demands of new residential
development; and to require that future residential growth contribute its fair share
to the cost of additions and improvements to the County's public park system in amounts
reasonably anticipated to offset the impacts and demands generated by such growth.
This cost does not include operational and maintenance cost.
<history>(Ord. No. 90-59, 2, 6-19-90</history>
</text>
<catch_line>Sec. 33H-2. Rules of construction.<</catch_line>
<text>
<section prefix = (a)>
This chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety and welfare.
</section>
<section prefix = (b)>
Unless otherwise stated, the following rules of construction shall apply to the text
of this chapter.
<section prefix = (1)>
If there is any conflict between the text of this chapter and any table, summary table
or illustration, the text shall control.
</section>
<section prefix = (2)>
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
</section>
<section prefix = (3)>
The phrase "used for" includes "arranged for," "designed for," or "occupied for."
</section>
<section prefix = (4)>
The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
</section>
<section prefix = (5)>
The word "includes" shall not limit a term to the specific example but is intended
to extend its meaning to all other instances or circumstances of like kind or character.
</section>
<section prefix = (6)>
Words used in the present tense shall include the future; words used in the singular
shall include the plural and the plural the singular, unless the context clearly indicates
the contrary; and use of the masculine gender shall include the feminine.
</section>
<section prefix = (7)>
Unless the context clearly indicates the contrary, where a regulation involves two
(2) or more items, conditions, provisions, or events connected by the conjunction
"and," "or" or "eitheror," the conjunction shall be interpreted as follows:
</section>
</section>
<section prefix = (a)>
"And" indicates that all the connected terms, conditions, provisions or events shall
apply.
</section>
<section prefix = (b)>
"Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
</section>
<section prefix = (c)>
"Eitheror" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination.
<history>(Ord. No. 90-59, 2, 6-19-90</history>
</text>
<catch_line>Sec. 33H-3. Definitions.<</catch_line>
<text>
The definitions contained in Chapters 28 and 33, Code of Miami-Dade County, Florida,
shall apply to this chapter except as otherwise provided in the following definitions:
</section>
<section prefix = (a)>
Applicant
means the person who applies for a building permit or submits a plat or waiver of
plat.
</section>
<section prefix = (b)>
Areawide park
means a county park designed to fulfill the recreational needs of both incorporated
and unincorporated area residents and tourists. They serve large populations and draw
users from great distances and include Metropolitan Parks and Special Activity areas.
</section>
<section prefix = (c)>
Board
means the Board of County Commissioners of Miami-Dade County, Florida.
</section>
<section prefix = (d)>
Building
means any structure having a roof entirely separated from any other structure by
space or by walls in which there are no communicating doors or windows or any similar
opening and erected for the purpose of providing support or shelter for persons, animals,
things or property of any kind.
</section>
<section prefix = (e)>
Building permit
means an official document or certificate issued by the Miami-Dade County Building
Official, authorizing the construction or siting of any building. For purposes of
this chapter, the term "building permit" shall also include tie-down permits for those
structures or buildings, such as a mobile home, that do not require a building permit
in order to be occupied.
</section>
<section prefix = (f)>
Community park
means a County park typically from twenty (20) to one hundred (100) acres in size
that serves a group of neighborhoods. Community parks are actively programmed and
staffed recreation areas that retain their park-like identity through landscape design.
They are all "drive-to" facilities. These parks are designed to provide a broad range
of recreational facilities that are sensitive to the particular needs of the surrounding
community. Opportunities can range from staffed recreation and sports centers, athletic
fields, and picnic areas to natural landscaped open space. Community parks collectively
support larger, more distant, and more diversified District Parks.
</section>
<section prefix = (g)>
Comprehensive Development Master Plan (CDMP)
means the Comprehensive Plan of the County adopted pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act, 163.3161 et seq., Florida
Statutes as may be amended from time to time.
</section>
<section prefix = (h)>
Contributions
mean all dedications of land and/or provision of specific improvements in lieu of
cash.
</section>
<section prefix = (i)>
County park system
or
park system
means all park and recreation land and facilities owned, operated or maintained by
the Department.
</section>
<section prefix = (j)>
County wide
as it relates to this chapter means both unincorporated and incorporated areas of
Miami-Dade County.
</section>
<section prefix = (k)>
Credits
means the present value of past, present or future provisions made by new developments
for the cost of existing or future capital improvements or dedications.
</section>
<section prefix = (l)>
Day</i> means calendar days.
</section>
<section prefix = (m)>
Department
means the Miami-Dade County Park and Recreation Department.
</section>
<section prefix = (n)>
Department of Planning and Zoning
means the Miami-Dade County Department of Planning and Zoning or its designee.
</section>
<section prefix = (o)>
Development
means any construction, structures, creation of structures or alteration of the land
surface, or use of land or natural resources which requires authorization by Miami-Dade
County through issuance of a development order.
</section>
<section prefix = (p)>
Director
or
County Park and Recreation Director
means the director of the Miami-Dade County Park and Recreation Department or his
designee.
</section>
<section prefix = (q)>
Planning Director
means the director of the Miami-Dade County Department of Planning and Zoning or
its designee.
</section>
<section prefix = (r)>
District Park
means a large County park and recreation area that serves major portions of the County.
The emphasis of District Parks is on intensive recreational activities and programming.
This includes the provision of larger facilities, recreation centers, multiple ballfields,
sport court complexes, large pools, active and user oriented facilities, and include
opportunities for picnicking and fresh water beaches.
</section>
<section prefix = (s)>
Dwelling unit
means a building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged,
designed or used as living quarters for one or more persons. Dwelling unit includes
mobile home, motel/hotel/rooming house if converted to condominium, servants' quarters
or congregate living facilities as that term is defined by Section 400.402, Florida
Statutes.
</section>
<section prefix = (t)>
Encumbered
means monies committed by contract or purchase order in a manner that obligates the
County to expend the funded amount upon delivery of goods, the rendering of services
or the conveyance of real property provided by a vendor, supplier, contractor or owner.
</section>
<section prefix = (u)>
Existing development
means the lawful land use which physically exists or for which the landowner holds
a valid building permit as of the effective date of this chapter or that maximum level
of development activity for which a previous impact fee was paid under the provision
of this chapter. As used in this chapter, the term "lawful land use" shall not include
a land use which has been established or maintained in violation of this chapter or
applicable codes or a use of structure or land which has been abandoned for a period
of more than five (5) years shall not be considered existing for purposes of this
chapter.
</section>
<section prefix = (v)>
Feepayer
means a person intending to commence a proposed development for which an impact fee
computation is required, or a person who has paid an impact fee, provided a letter
of credit, or made a contribution-in-lieu-of-fee pursuant to this chapter.
</section>
<section prefix = (w)>
Flood criteria
means the minimum finished elevation required for all lands as established and shown
on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public
records of this County as the same may be modified from time to time.
</section>
<section prefix = (x)>
Frontage
means the distance measured along a road right-of-way.
</section>
<section prefix = (y)>
Greenway
means a linear trail or park that connects other parks and public places throughout
the County by way of canals, railroads, highways, easements and open spaces and provide
opportunities for pedestrian, bicycling and horseback use.
</section>
<section prefix = (z)>
Impact
means the effect of additional population generated by residential construction on
the park network in a given area.
</section>
<section prefix = (aa)>
Impact determination
means the amount of property required or the cost related to the impact of residential
dwelling units as calculated pursuant to the formula contained herein.
</section>
<section prefix = (bb)>
Land valuation assumptions
means the fundamental assumptions and conditions to be used for an appraisal of land
for a local park.
</section>
<section prefix = (cc)>
Level of Service Standard (LOS)
means the Miami-Dade County's level of service standard for the minimum provision
of local recreation open space in the unincorporated Miami-Dade County which is two
and three-quarter (2.75) acres of local recreation open space per one thousand (1,000)
permanent residents. These requirements do not apply to rural and agricultural residences
on lots five (5) acres or larger outside the Urban Development Boundary (UDB) as defined
in the CDMP.
</section>
<section prefix = (dd)>
Local Park
means County-provided mini-parks, neighborhood parks, community parks, single purpose,
and portions of district parks that serve local recreation needs and that are designated
by the Department as local parks on the Property Management inventory on file with
the Director. Such parks serve residents of the unincorporated areas living within
close walking or close driving distance.
</section>
<section prefix = (ee)>
Local Park Share
means the amount of the level of service standard that directly addresses that portion
of public demand for local recreation open spaces in County-provided local parks as
determined by statistical analysis as .00201 acres/person and include mini-parks,
neighborhood parks, community parks, single purpose parks, and portions of those district
and areawide parks that are used as local recreation open spaces and that are designated
as local recreation open space in the facility inventory maintained by the Director.
</section>
<section prefix = (ff)>
Local Recreation Open Spaces
consist of (1) County-provided mini-parks, neighborhood parks, community parks, single
purpose parks, and portions of those district and areawide parks that are used as
local recreation open spaces and that are designated as local recreation open space
in the facility inventory maintained by the Director; (2) public school and public
college playfields that are used as local recreation open space included under a Joint
Parks-School Agreement between the County and the Miami-Dade County Public School
System or State Board of Governors; and (3) private recreation open space and facilities
inside the UDB may also be deemed to be local recreation open space. Collectively,
these three (3) types of open space comprise the 2.75 acres/1,000 permanent resident.
</section>
<section prefix = (gg)>
Metropolitan Park
means a large resource-oriented park, typically including prominent water features.
The park preserves valuable natural and historical resources while providing a broad
mix of resource-dependent recreation opportunities.
</section>
<section prefix = (hh)>
Mobile home dwelling unit
means a manufactured structure, transportable in one or more sections, which is built
on an integral chassis and is designed to be used as a single-family dwelling unit,
with or without a foundation, when connected to the required utilities.
</section>
<section prefix = (ii)>
Mini-Park
means a County park which has small passive open space areas typically less than
one acre in size. Mini-Parks are usually located in densely populated areas, provide
open space amenities unavailable elsewhere in the vicinity, and function as substitutes
for private yards in residential areas. Mini-Parks provide a place for relaxation,
socialization, recreation, and can also be found along some main traffic arteries
where they function as roadway beautification areas.
</section>
<section prefix = (jj)>
Multi-family dwelling unit
means a structure that contains more than two (2) residential housing units located
in a single building or part of a multi-building complex. Units may be rental or owner-occupied.
</section>
<section prefix = (kk)>
Neighborhood Park
means a County park which is typically from one (1) to ten (10) acres in size and
considered a "walk-to" facility. Neighborhood parks contain open play fields, landscaping,
and limited recreation facilities (backstops, courts, or tot lots) but do not contain
a recreation center or program staff.
</section>
<section prefix = (ll)>
Nonresidential development
means any development not providing for residential dwelling units within a planned
project.
</section>
<section prefix = (mm)>
Natural forest community
means all stands of trees (including their associated understory) which were designated
as Natural Forest Communities on the Miami-Dade County Natural Forest Community Maps
and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84
and Ordinance No. 89-8. These maps may be revised from time to time by resolution
in order to reflect current conditions and to insure that, at a minimum, the canopy
and understory of designated natural forest communities are dominated by native plant
species. Some upland areas identified as "Environmentally Endangered Lands" (EEL)
under Ordinance No. 91-67 may be included.
</section>
<section prefix = (nn)>
Off-site park improvement
or
off-site improvement
means any improvement located outside of the boundaries of a parcel proposed for
development or platted subdivision parcel but within the same Park Benefit District.
</section>
<section prefix = (oo)>
Off-site park open space or off-site acquisition means any land proffered outside
of the boundaries of a parcel proposed for development or platted subdivision parcel
but within the same Park Benefit District.
</section>
<section prefix = (pp)>
Owner
means the person holding legal title to the real property.
</section>
<section prefix = (qq)>
Parent tract
means a parcel of land designated as land to be subdivided for purposes of subdivision.
</section>
<section prefix = (rr)>
Park benefit district
means a statistical area of the Official Miami-Dade County Park District Map indicating
three (3) districts as determined by geographical boundaries.
</section>
<section prefix = (ss)>
Park impact fee manual
or
manual
means the document prepared by the County Manager and adopted by the Board of County
Commissioners which contains information, sets forth procedures and implements policies
essential to the administration of the Impact Fee Ordinance, all pursuant to the standards
set forth in this chapter.
</section>
<section prefix = (tt)>
Park improvement
means preliminary engineering, design studies, land surveys, engineering, permitting,
construction and, installation and/or modification of land, structures, landscaping,
and/or equipment thereon.
</section>
<section prefix = (uu)>
Park land value
means a determination of the average value of potential park land located in the
same park benefit district for which building permits are being requested, based on
the valuation assumptions specified in
Section 33H-9
(d)(1).
</section>
<section prefix = (vv)>
Park service zone
means the zone of influence a local park and its facilities have on residents in
relation to the amount of time and distance they are willing to travel to a facility,
i.e., up to five (5) mile distance.
</section>
<section prefix = (ww)>
Residential development
means any single-family attached, single-family detached, multi-family attached building
or buildings designed to be used as residential dwelling units. Dwelling unit may
be one (1) single-family dwelling unit or two (2) or more dwelling units in a planned
project or subdivision.
</section>
<section prefix = (xx)>
Single-family attached dwelling unit
means a housing unit which shares a common wall with an adjoining unit. The common
wall must extend from the foundation through the attic.
</section>
<section prefix = (yy)>
Single-family detached dwelling unit
means a conventional home where one family normally occupies one (1) unit in one
(1) structure. May be found in subdivision or on single lot.
</section>
<section prefix = (zz)>
Single-Purpose Park
means a single-use County park that supports a public local park or recreation function.
The park is typically developed for a specific function and draws a more specialized
user group than do similar facilities in other local parks. Examples include tennis
centers, athletic fields, senior citizen and boxing centers. These parks may be operated
by non-profit organizations.
</section>
<section prefix = (aaa)>
Unit(s) of development
means a quantifiable increment of development activity dimensioned in terms of dwelling
units, or other appropriate measurements contained in the impact fee schedule.
</section>
<section prefix = (bbb)>
Unincorporated areas
means any land in the County not lying within the boundaries of a municipality.
</section>
<section prefix = (ccc)>
Urban Infill Area or UIA
means that part of Miami-Dade County east of, and including NW/SW 77 Avenue and S.R.
286 (Palmetto Expressway), and excluding the City of Islandia.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-4. General provisions.<</catch_line>
<text>
All residential development is deemed to create an impact and therefore an increased
demand for public facilities including public open space, park and recreation facilities.
As such, the cost of new public facilities should be borne by new users to the extent
new use requires new facilities. Therefore, any application for a building permit
within unincorporated Miami-Dade County enabling the construction of residential dwelling
units on or after the effective date of this Ordinance shall be subject to the imposition
of park impact fees in the manner and amount set forth in this chapter. All Park Impact
Fees are due and payable at the same time as the Road, Fire, or Police Impact Fee
is paid.
</section>
<section prefix = (a)>
Land dedications shall be conveyed by plat and deed. All dedications shall be platted
with the first final residential plat that is adjacent to the designated park site
or by an alternate arrangement specified in a recordable agreement as determined by
the Director. The determination by the Director to accept dedications shall be based
on the County's present needs and availability of other park sites within the immediate
vicinity of the development. Where land for a public local park is to be dedicated,
and/or park improvements for a public local park are to be constructed, a recordable
agreement shall be required stating which land and/or improvements will be dedicated
for park purposes, before recording the first final plat within the subdivision in
accordance with criteria in
Section 33H-7
(c).
</section>
<section prefix = (b)>
All fee payments shall be made before a residential building permit is issued. The
Building Official shall not issue a building permit until the applicant has satisfied
the provisions of this chapter. This requirement shall not prohibit a feepayer from
initiating an independent fee computation study as provided for in
Section 33H-9
herein.
</section>
<section prefix = (c)>
The public interest, convenience, health, welfare, and safety require that a minimum
of two and three-quarter (2.75) acres for each one thousand (1,000) persons residing
within unincorporated Miami-Dade County be devoted to local recreation open space.
</section>
<section prefix = (d)>
Each park site shall be physically suited for the use intended and shall meet the
criteria given in
Section 33H-10
, Land Suitability.
</section>
<section prefix = (e)>
Notwithstanding a feepayer's compliance with this Chapter, other State and County
development regulations may limit the issuance of building or use permits for development
activity.
</section>
<section prefix = (f)>
The County Manager, pursuant to Section 4.02 of the Miami-Dade County Home Rule Charter
shall propose to the Board of County Commissioners, a Park Impact Fee Manual that
shall be used for the administration of this chapter. The manual shall contain the
following:
<section prefix = (1)>
The independent fee calculation methodology relating to
</section>
Section 33H-9
<section prefix = (2)>
The administrative cost provided for in
</section>
Section 33H-3
33H-5
33H-6
(b),
33H-7
(a),
33H-7
(c),
33H-9
(c),
<section prefix = (3)>
The standards and procedures for issuance of fee refunds set forth in
</section>
Section 33H-13
and fee credits set forth in
Section 33H-15
, and
<section prefix = (4)>
The standards, procedures and other matters required to administer this chapter.
</section>
</section>
<section prefix = (g)>
The manual shall be adopted by the Board of County Commissioners by resolution or
by ordinance.
</section>
<section prefix = (h)>
The County Manager shall periodically adjust the adopted park impact fee ordinance
and manual as set forth below. The Manager's action shall ensure that the benefits
to a feepayer are equitable in that the fee charged to the feepayer shall not exceed
a proportionate share of the costs of mitigating park impacts. The adjusted Impact
Fee Schedule shall be on file with the Department of Planning and Zoning, Impact Fee
Administration Office.
<section prefix = (1)>
All building permits subject to Park Impact Fee issued within one year after the effective
date of this ordinance shall be obligated to pay sixty percent (60%) of the computed
fee as determined herein. All building permits subject to the Park Impact Fee and
issued more than one year after but less than two years after the effective date of
this Ordinance shall be obligated to pay eighty percent (80%) of the computed fee
as determined herein. Beginning the third year after the effective date of this ordinance,
all building permits subject to the Park Impact Fee shall be obligated to pay one
hundred percent (100%) of the computed fee as determined herein.
</section>
<section prefix = (2)>
The County Manager shall annually adjust the Open Space Costs (Table 1), Improvement
Costs (Table 3), and the park impact fee schedule provided in
</section>
Sec. 33H-8
by indexing the tables and the schedule to inflation as defined by the Consumer Price
Index - All Urban Consumers for the United States, published by the United States
Department of Labor, Bureau of Labor Statistics. The first indexing calculation adjustment
shall occur during the 2006-2007 County budget year using the difference in Consumer
Price Index figures for calendar years 2005 and 2006.
<section prefix = (3)>
Unless otherwise directed by the County Commission, any adjustments to the park impact
fee, made pursuant to this section, shall be effective the first day of October of
each calendar year.
</section>
<section prefix = (4)>
If the index is changed by the United States Department of Labor so that the base
year is different, the index shall be converted in accordance with the conversion
factor published by the United States Department of Labor, Bureau of Labor Statistics.
</section>
<section prefix = (5)>
If the index is discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained if the index had not been discontinued or revised.
</section>
<section prefix = (6)>
The County Manager shall annually adjust the park impact fee schedule provided in
</section>
Sec. 33H-8
by providing credit for any outstanding debt from General Obligation Bonds issued
to finance capital projects for local park improvements which meet needs generated
by population growth and development.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-82, 1, 7-21-92; Ord. No. 94-184, 1,
9-22-94; Ord. No. 95-215, 1, 12-5-95; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-5. Park impact fee.<</catch_line>
<text>
The park impact fee is the sum of the local park open space fee (less a credit for
fees and taxes paid toward capital expansion of local parks) and the local park improvement
fee, together with impact fee administrative cost. This impact fee reflects the impact
of residential development on both the need for local park open space and the need
for improvements to local park property. Any person requesting a building permit for
residential development shall pay the impact fee reflected in the impact fee schedule
set forth in
Section 33H-8
and developed pursuant to the following:
</section>
<section prefix = (a)>
Local park open space fee.
The local park open space fee formula described in
Section 33H-6
shall be the basis for the computation of the local park open space fee. The local
park open space fee shall take the form of monetary fee or the dedication of land
for a local park or a combination thereof.
</section>
<section prefix = (b)>
Local park improvement fee.
The local park improvement fee is intended to mitigate the impact of new residential
development on the need for local park improvements. The cost to improve local parks
is based upon the County's cost to provide those improvements described in
Section 33H-7
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94</history>
</text>
<catch_line>Sec. 33H-6. Requirements for local park open space fees.<</catch_line>
<text>
Before a residential building permit is issued, the applicant will be required to
pay monetary fees or to dedicate public local park land, or a combination thereof
in accordance with this section. Unless otherwise specifically permitted by the Director
the fee shall be the monetary fee hereinafter provided in
Section 33H-8
</section>
<section prefix = (a)>
Amount of local park open space monetary fee per dwelling unit.
<section prefix = (1)>
General Formula: The amount of the local park open space fee shall be based upon the
average value of potential park land per acre times the local park share of .00201
net acres per person, times population density by type of dwelling unit, less a credit
for monies paid through ad valorem taxes toward capital expansion of local parks.
Average land value shall be the average value of potential park land per acre located
in the same park benefit district for which a building permit is being requested.
</section>
The local park open space monetary fee shall be determined in accordance with the
following:
[Local Park] [Average] [] [.00201 Net] [People] [] [Tax]
[Open Space] [(=)] [Parkland] [()] [Acres] [()] [per] [(-)] [Credit]
[Fee/] [] [Value/] [] [per] [] [Dwelling] [] [of]
[Dwelling Unit] [AC] [] [Person] [] [Unit] [] [$304.97]
The amount of the tax credit shall be based upon the total outstanding unincorporated
area debt service for local park projects, divided by the total number of households
in unincorporated areas.
<section prefix = (2)>
Determination of local park land value: The Board hereby establishes in accordance
with the procedures specified in
</section>
Section 33H-6
(a)(1) and the valuation assumptions in
Section 33H-9
(d)(1), the average local park land value per acre by park benefit district is as
follows:
Table 1 Open Space Cost
[Park Benefit District] [Average Park Land Value Per Acre]
[1] [$269, 750]
[2] [$154, 471]
[3] [$130, 631]
These values are subject to annual adjustment pursuant to
Section 33H-4
</section>
<section prefix = (b)>
Determination of land dedication in lieu of monetary fees.
<section prefix = (1)>
Prior to the time of the earlier of a public hearing or tentative platting, for developments
of more than fifty (50) residential dwelling units, or, if a site plan is not provided
and the highest permissible development is more than fifty (50) residential dwelling
units, the feepayer may request a local park open space determination by the Director
for the purpose of determining whether land dedication in lieu of the open space fee
is acceptable to the Director.
</section>
<section prefix = (2)>
The Director, based on specific review of the development and the criteria set forth
below shall determine whether land dedication or monetary fees, or a combination thereof
would be in the best interest of the County. The Director's determination shall be
in writing and shall be made within thirty (30) days from the date the application
was received and shall be in accordance with the following criteria and for the purpose
of maintaining the permanent level of service:
</section>
Ensuring that new local parks are available within a short distance to serve new residential
development.
Addressing future needs by maintaining not less than the minimum permanent level of
service for local parks as population growth occurs.
Completion of public projects started.
Initiation of new public projects identified in the Multi-Year Capital Plan of the
County Budget.
<section prefix = (3)>
Each feepayer shall pay the Department a nonrefundable general administrative service
charge in the amount set forth in the Manual for processing the land dedication determinations.
</section>
</section>
<section prefix = (c)>
Amount of required local park land dedication.
In the event the feepayer proposes to dedicate land, and if the Director determines
such dedication of land to be in the County's best interest in accordance with
Section 33H-6
(b)(2), then the amount of land to be dedicated shall be based upon the projected
population for the area in question and the local park share of .00201 net acres per
person. The actual amount of land to be dedicated shall be determined by the following
formula but in no case will the dedication be less than five (5) acres unless determined
to be in the best interest of the County by the Director in accordance with
Section 33H-10
[Amount of] [] [Total Number] [] [No. of Persons] [] [.00201 Net]
[Req'd Park] [(=)] [of Dwelling] [()] [Per Dwelling] [()] [Acres Per]
[Land (Net Acres)] [] [Units] [] [Unit] [] [Person]
<section prefix = (1)>
Determination of the number of dwelling units. The basis for determining the total
number of dwelling units shall be the lesser of:
</section>
The actual number of dwelling units reflected on the building permit application,
final plat or permitted by a legally recorded covenant running with the land; or
The maximum number of dwelling units permitted within the proposed development based
upon zoning regulations.
<section prefix = (2)>
Determination of population density. Population density, that is, the number of persons
per dwelling unit, occupied and unoccupied shall be in accordance with the latest
available census data and consistent with the Official Park Benefit District Map of
Miami-Dade County indicating three (3) districts (a copy of which is appended as Exhibit
A and incorporated by reference) and the population density shall be projected as
shown in Table 2. The persons per dwelling unit shall be adjusted periodically based
on the most recent census data updates provided by the Department of Planning and
Zoning.
</section>
Table 2
Persons Per Dwelling Unit By Type
Park Benefit Districts
Miami-Dade County
[Park Benefit District] [PPU Single-Family Detached House] [PPU Single-Family Attached] [Multi-Family Unit Structures]
[1] [3.37] [2.90] [2.11]
[2] [3.26] [2.74] [2.20]
[3] [3.16] [2.94] [2.13]
The statistical area shall be constantly monitored by the Research Division, Miami-Dade
County Planning and Zoning Department which shall submit to the County Commission
revised statistical data when appropriate.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-7. Requirement for local public park improvement fee.<</catch_line>
<text>
<section prefix = (a)>
Determination of local park improvement fee.
Before a residential building permit in the unincorporated area of Miami-Dade County
is issued, the feepayer shall be required to pay a fee for local park improvements
or make improvements at a local park, or a combination thereof in accordance with
the following:
<section prefix = (1)>
Projects involving less than fifty (50) dwelling units shall be required to pay the
local park improvement fee.
</section>
<section prefix = (2)>
For projects involving fifty (50) or more dwelling units, the feepayer may request
a local park improvement impact fee determination by the Director to determine whether
park improvement fees or credit for improvements at a local park or a combination
thereof is acceptable. A feepayer shall only be required to make improvements at a
local park in lieu of a monetary fee upon the mutual agreement of the feepayer and
the Director.
</section>
<section prefix = (3)>
The Director shall determine, based on specific review of each request, whether improvement
fees or credit for improvements at a local park or a combination thereof would be
in the best interest of Miami-Dade County in accordance with criteria in
</section>
Section 33H-7
(c). This determination shall be in writing and shall specify the amount of fees and/or
improvements required. The Director's determination shall be made within thirty (30)
days from the date the request was received.
<section prefix = (4)>
Each feepayer shall pay to the Department, a nonrefundable general administrative
charge in the amount set forth in the Manual for the processing of all materials relating
to improvements at a local park.
</section>
</section>
<section prefix = (b)>
Amount of fees for local park improvement per dwelling unit.
Local park improvement fees are intended to mitigate the impact of the residential
use on the need for local public improvements. The cost to improve the local parks
is based upon the cost to provide improvements to local parks as described in Table
3 below. The cost as shown in Table 3 below shall be adjusted annually by the County
Manager in accordance with
Section 33H-4
(h).
The application of the following formula shall be used in determining the amount of
fees to be paid for local park improvements:
[Local Park Improvement] [] [No. of Persons] [] [Cost]
[Fees Per] [(=)] [Per Dwelling] [()] [Per]
[Dwelling Unit] [] [Unit] [] [Person]
<section prefix = (1)>
Determination of the number of dwelling units: The basis of determining the total
number of dwelling units shall be in accordance with criteria in
</section>
Section 33H-6
(c)(1).
TABLE 3
ITEMIZED BREAKDOWN
THE COST TO IMPROVE LOCAL PARKS
COST PER PERSON
[] [Cost] [Cost/Acre] [Acre/Pers.] [Cost/Pers.]
[Neighborhood Park Improvements (Based on 5 Acres)]
[Clear and Grub (5 Ac)] [$43, 560]
[Finish Fill and Contour] [$9, 333.00]
[Finish Grading (4 Ac)] [26, 136]
[Sod with topsoil (4 Ac)] [121, 968]
[Trees (4 Ac)] [30, 240]
[Walkways] [49, 155]
[Signage] [6, 000]
[Park Furniture] [7, 500]
[Tot Lot (Sm)] [75, 000]
[Multipurpose Courts (2) (not lighted)] [80, 000]
[Access Control] [36, 507]
[New Parking] [25, 000]
[Sub-Total Facility Cost] [510, 399]
[20% A&E, Design, Inspection] [102, 080]
[12% Contingency] [61, 248]
[Neighborhood Park Improvements] [673, 728] [134, 745] [x 0.00060 =] [80.85]
[Community Park Improvements (Based on 30 Acres)]
[Clear and Grub (30 Ac)] [196, 020]
[Finish Grading (20 Ac)] [130, 680]
[Sod w/topsoil (20 Ac)] [609, 840]
[Trees (20 Ac)] [101, 160]
[Irrigation] [177, 724]
[Pump House] [30, 000]
[Signage] [12, 000]
[Park Furniture] [22, 500]
[Tot Lot (Lg)] [125, 000]
[Access control (internal and external)] [99, 550]
[Walkways] [135, 000]
[Recreation Center Building] [802, 500]
[Concession/Storage/Restroom Building] [423, 750]
[Picnic Shelters(2) medium] [121, 500]
[Lighted Soccer Fields(2)] [400, 000]
[Lighted Multipurpose Courts(4)] [108, 000]
[Lighted Tennis Courts(4)] [240, 200]
[Vita Course and Signage] [35, 000]
[Parking, lighted] [540, 000]
[Security/Area Lighting] [232, 500]
[Utilities] [364, 113]
[Sub-Total Facility Cost] [4, 916, 038]
[20% A&E, Design, Inspection] [983, 207]
[12% Contingency] [589, 924]
[1.5% Structures-Art] [20, 216]
[Community Park Improvements] [6, 509, 387] [216, 979] [x .00060 =] [130.19]
[District Park Improvements (Based on 200 Acres w/25 AC Lake)]
[Clear and Grub] [1, 306, 800]
[Finish Fill and Contour Finish Grading (138 Ac)] [1, 782, 240]
[Sod w/topsoil (138 Ac)] [3, 005, 640]
[Trees (138 Ac)] [1, 043, 280]
[Shrubs/Groundcover/Accents] [150, 000]
[Irrigation System] [1, 071, 576]
[Pump House] [60, 000]
[Signage and Entry Feature] [120, 000]
[Park Furniture] [150, 000]
[Tot Lot (1 Large)] [125, 000]
[Tot Lot (1 Small)] [60, 000]
[Access control (perimeter)] [679, 649]
[Walkways/Path] [595, 565]
[Recreation Center Building (Large)] [1, 050, 000]
[Fieldhouse/Gymnasium] [2, 760, 000]
[Concession/Storage/Restroom Building] [1, 695, 000]
[Maintenance Building] [200, 000]
[Maintenance and Equipment Yard] [900, 000]
[Picnic Shelters] []
[1 Large] [135, 000]
[6 Medium] [364, 500]
[6 Small] [162, 000]
[Fields]
[3 Baseball Lighted] [693, 606]
[4 Softball Lighted] [924, 808]
[5 Football/Soccer Lighted] [1, 250, 000]
[Courts]
[6 Tennis-Lighted] [360, 000]
[Batting Cage] [315, 000]
[Aquatic Facility] [4, 500, 000]
[Parking, lighted] [3, 476, 400]
[Area/Security Lighting] [2, 160, 000]
[Utilities] [2, 166, 510]
[Roadway] [1, 560, 000]
[Sub-Total Facility Cost] [35, 943, 702]
[20% A&E, Design, Inspection] [7, 188, 740]
[12% Contingency] [4, 313, 244]
[1.5% Structures-Art] [176, 497]
[District Park Improvements] [47, 622, 185] [238, 110] [x .00054 =] [128.58]
[Single Purpose Park (Based on 15 Acres)]
[Clear and Grub (15 Ac)] [105, 544]
[Finish Fill and Contour Finish Grading (7 Ac @ $3500)] [33, 366]
[Sod w/topsoil (7 Ac)] [243, 936]
[Irrigation (7 Ac)] [69, 696]
[Pump House] [30, 000]
[Signage] [6, 000]
[Park Furniture] [15, 000]
[Access control] [59, 368]
[Walkways] [61, 500]
[Field Center] [423, 570]
[Practice Field Unit (2000 sq. ft. @ 150 sq. ft.] [150, 000]
[Soccer fields-3 Lighted] [810, 000]
[Parking, lighted] [315, 000]
[Utilities] [188, 736]
[Sub-Total Facility Cost] [3, 216, 281]
[20% A&E, Design, Inspection] [643, 256]
[12% Contingency] [385, 953]
[1.5% Structures-Art] [8, 606]
[Single Purpose Improvements] [4, 254, 097] [283, 606] [x .00027 =] [76.57]
[LOCAL PARK IMPROVEMENTS PER PERSON] [] [] [] [416.19]
These values are subject to annual adjustment pursuant to
Section 33H-4
<section prefix = (2)>
Determination of population density shall be in accordance with
</section>
Section 33H-6
(c), Table 1.
<section prefix = (3)>
The cost of local park improvement fees per person shall be the sum of (1) the cost
per acre for neighborhood park improvements multiplied by .00060, (2) the cost per
acre for community park improvements multiplied by .00060, (3) the cost per acre for
district park improvements multiplied by .00054 and (4) the cost per acre for single
purpose park improvements multiplied by .00027.
</section>
</section>
<section prefix = (c)>
Improvements to local public park land in lieu of improvement fee.
When the feepayer agrees to supply, build, or install park and recreation improvements
to a local park in lieu of or in combination with a monetary fee, the value of those
improvements may be credited up to one hundred (100) percent of the local park improvement
fee requirements. Such credit is based on a finding by the Director, that the improvements
are in the public interest based upon criteria below. The feepayer shall be subject
to the administrative, architectural and engineering (A&amp;E), design, and inspection
charges and procedures found in the manual.
<section prefix = (1)>
Improvements shall be located within the same park benefit district as the development
specified in
</section>
Section 33H-11
and the improvements shall conform to the park master plan in accordance with
Section 33-303
of the Miami-Dade County Code.
<section prefix = (2)>
Improvements by the feepayer are determined to accelerate an approved County park
development schedule and reduce the costs that the County would otherwise pay for
the improvements as specified in
</section>
Section 33H-11
<section prefix = (3)>
The improvements proposed shall be park facilities that will meet the needs of the
residents of the development as determined by the Director. Facilities other than
those listed as minimum required may be provided where there are local needs identified
in the leisure interest survey on file with the Department and where such improvements
are equal in value to the improvements listed in Table 3. The Director must approve
any and all proposed alternative facilities.
</section>
<section prefix = (4)>
A detailed site plan of the facilities shall be reviewed and approved by the Director,
and all improvements shall conform to Park and Recreation Department specifications.
</section>
<section prefix = (5)>
A one hundred ten (110) percent performance bond or letter of credit shall be posted
prior to the time of building permit issuance for all improvements in accordance with
procedures set forth in the manual. After the Department of Planning and Zoning receives
the bond or letters of credit and the feepayer has paid the computed A&amp;E, design,
inspection charges, and the administrative fee, the County may issue building permits
for that part of the proposed development for which the park improvement fee is determined
by the County to be satisfied by the improvements. Release of such bonds or letters
of credit for improvements shall not be issued by the Department of Planning and Zoning
until such contributed improvements have been completed and accepted by the Director.
</section>
<section prefix = (6)>
All improvements shall become the sole property of the County upon completion and
acceptance by the County.
</section>
<section prefix = (7)>
The time limit for completion and acceptance of said improvements to meet the requirements
as specified above shall be the earlier of: two (2) years from date of a written agreement
between the feepayer and the Director or prior to issuance of building permits for
more than fifty (50) percent of the dwelling units.
</section>
<section prefix = (8)>
Failure to comply with the requirements in
</section>
Section 33H-7
(c)(6) above will result in forfeiture of the bond and/or denial of future development
orders.
<section prefix = (9)>
If the Director accepts improvements with a cost in excess of the impact fee computed
herein, the feepayer, upon written request, shall be reimbursed without accrued interest
for the amount of the excess cost as said cost is determined by the Director pursuant
to
</section>
Section 33H-13
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-8. Fee computation by adopted schedule.<</catch_line>
<text>
<section prefix = (a)>
The feepayer shall pay a park impact fee amount based upon the impact fee schedule
per dwelling unit set forth below developed pursuant to the formula set forth in Sections
33H-6
and
33H-7
, together with impact fee administrative costs.
The following impact fee schedule shall be used by the Director in computing the park
impact fee:
IMPACT FEE SCHEDULE
[District] [Single Family Detached] [Single Family Attached] [Multi-Family]
[Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit] [Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit] [Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit]
[1] [$1522] [$1403] [$1267] [$1207] [$839] [$878]
[2] [$707] [$1357] [$546] [$1140] [$378] [$916]
[3] [$525] [$1315] [$467] [$1224] [$254] [$886]
The open space values in the fee schedule have been reduced by a tax credit to account
for monies paid through ad valorem taxes toward capital expansion of local parks.
The administrative fee set forth in
Section 33H-8
(b) is in addition to the impact fees or credits issued.
These values are subject to annual adjustment pursuant to
Section 33H-4
</section>
<section prefix = (b)>
The cost per dwelling unit shall be the open space fee plus the improvement fee multiplied
by
to accommodate the general administrative charge of five (5) percent.
</section>
<section prefix = (c)>
In the case of development activity involving a change of use and/or magnitude of
use in which a residential building permit is required, the applicant shall be required
to pay the computed impact fee for any proposed residential development activity for
which the impact fee has not previously been paid. When any building permit expires
or is revoked after the effective date of this chapter and a fee has not previously
been paid under this chapter, the applicant shall be required to comply with the provisions
herein. No refunds will be given for proposed development activity resulting in a
negative fee calculation.
</section>
<section prefix = (d)>
No impact fee payment shall be required for any development activity when the total
calculated fee is less than fifty dollars ($50.00).
</section>
<section prefix = (e)>
If the type of dwelling unit within a proposed or current development is not specified
in the above impact fee schedule, the Director shall use the dwelling unit most nearly
comparable in computing the fee in accordance with the expanded list of land use categories
which is appended as Exhibit B and incorporated herein by reference.
</section>
<section prefix = (f)>
In determining existing residential development activity and the units of proposed
or existing development, the Director shall use the building permit and certificate
of use information contained in the building or zoning records of Miami-Dade County.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-9. Fee computation by independent study.<</catch_line>
<text>
<section prefix = (a)>
Notwithstanding other provisions of this chapter, the feepayer may elect, to use an
independent fee computation study. Such study shall calculate the fee pursuant to
the formula in Sections
33H-6
and
33H-7
</section>
<section prefix = (b)>
If the feepayer elects to use an independent fee computation study, the feepayer shall,
at his own expense, prepare and present to the Director a study that documents the
basis upon which the value of the following components were determined:
<section prefix = (1)>
Open space valuation for which a fee is to be paid.
</section>
<section prefix = (2)>
Number of dwelling units ascribed to the property.
</section>
<section prefix = (3)>
Number of persons ascribed to each dwelling unit.
</section>
The burden shall be upon the feepayer to provide the data, analysis and reports necessary
for the Director to make a determination. The analysis and report must be based on
the formula set forth in this chapter.
</section>
<section prefix = (c)>
The feepayer shall, at the time the independent fee computation study is submitted
to the Director, pay a nonrefundable independent study review administrative charge
to the Department of Planning and Zoning in the amount set forth in the Manual. The
administrative charge shall be used by the Department to process and review the independent
fee calculation study. The administrative charge shall not be credited against the
impact fee.
</section>
<section prefix = (d)>
If the feepayer elects to use an independent fee computation study, and the subject
of the study relates in whole or in part to the property valuation, the feepayer shall,
at his own expense and in accordance with the provisions of the Manual, retain a real
estate appraiser certified in accordance with Section 475.501, Florida Statutes to
prepare the valuation element of such a study. The documentation shall be in accordance
with procedures in the Manual. The appraiser shall use the land valuation assumptions
contained in this section. The valuation shall be predicated on the following:
<section prefix = (1)>
Land valuation assumptions:
</section>
Definition of value.
The most probable price in cash, terms equivalent to cash, or in other precisely
revealed terms, for which the appraised property will sell in a competitive market
with the buyer and seller each acting prudently, knowledgeably, and for self-interest,
and assuming that neither is under undue duress. Fundamental assumptions and conditions
presumed in this definition are:
Buyer and seller are motivated by self-interest.
Buyer and seller are well-informed and are acting prudently.
The property is exposed for a reasonable time on the open market.
Payment is made in cash, its equivalent, or in specified financing terms.
The price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
Assumptions.
For the purposes of this appraisal, the following shall be assumed:
The property is ready to be developed with building improvements and no funds would
have to be expended for site development work regulatory permitting or materials.
All utilities are in place and are at the perimeter of the site including roads, walks,
curbs, water lines, sewer lines, electric service lines, and telephone service lines.
The property is filled and compacted to comply with applicable building and zoning
codes and flood insurance laws and regulations. The fill and compaction are of sufficient
quality to accept the building improvements contemplated.
Items considered.
In the appraisal process, items to be considered include sales of finished lots (ready
to build); sales of completed homes and lots; sales of raw land; entrepreneur's remuneration;
and cost of land development work.
</section>
<section prefix = (e)>
Where the results of an independent fee computation study are at variance with: (1)
The County's determination of the park land value; (2) the Director's initial determination
of the number of dwelling units ascribed to this property; or (3) the Director's initial
determination of the number of persons ascribed to each dwelling unit, the Director
shall determine whether to accept all or part of the independent fee study. The Director's
decision shall be based upon:
<section prefix = (1)>
Whether it adheres to the impact fee formula set forth in Sections
</section>
33H-6
and
33H-7
<section prefix = (2)>
Whether the study was prepared by a qualified individual or entity as defined in the
Manual.
</section>
<section prefix = (3)>
Whether the independent fee computation study provides complete, thorough and accurate
information.
</section>
<section prefix = (4)>
In the case of a land value appraisal, whether the appraisal is in accordance with
</section>
Section 33H-9
(d).
<section prefix = (5)>
Whether the independent fee calculation study, in its entirety, is logical and reasonable.
</section>
</section>
<section prefix = (f)>
If the Director after considering the factors described in
Section 33H-9
</section>
<section prefix = (g)>
Any appeal from the Director's decision to reject a study shall be filed in accordance
with
Section 33H-16
</section>
<section prefix = (h)>
When the feepayer's study has been accepted in whole or in part the feepayer shall
pay the amount of the fee so computed and be entitled to a refund of any amount previously
paid in excess thereof.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-10. Land suitability.<</catch_line>
<text>
Site characteristics. The location, configuration, size and/or other general factors
of the land proposed for dedication shall follow the guidelines in
Section 33H-10
<section prefix = (1)>
Size: The size of the parcel shall be expressed in net acres. The net acre calculation
shall exclude street right-of-way, existing and proposed easements, borrow pits, lakes,
other man-made and natural conditions which restrict or impede the intended use of
such areas for local park and recreation purposes. Five (5) net acres is the minimum
acceptable size for local parks. Smaller sites may only be accepted, at the sole discretion
of the Department, if:
</section>
they meet the provisions in
Section 33H-10
(7), "Traditional Neighborhood Development" (Section
33-284.46
, Miami-Dade County Code), or
the site may presently or in the future be combined with other public park properties,
or
the site is part of an "Urban Center District," or
the site will be maintained by other than County funding.
<section prefix = (2)>
Unity: The land to be dedicated shall form a single parcel except where two (2) or
more parcels would be in the public interest.
</section>
<section prefix = (3)>
Shape: The parcel shall be usable for recreational activities as identified in Table
2 and other active and passive leisure pursuits.
</section>
<section prefix = (4)>
Location: The parcel to be dedicated shall be located within the same park benefit
district and/or park service zone as the development.
</section>
<section prefix = (5)>
Access: Public access to the parcel to be dedicated shall be provided by improved
public street frontage.
</section>
<section prefix = (6)>
Usability: A dedicated parcel shall meet the following criteria:
</section>
The parcel is platted and ready to be developed so that no funds would be required
to be expended for site development.
All utilities are in place and are at the perimeter of the site and include roads,
walks, curbs, water lines, sewer lines, electric service lines, and telephone service
lines.
All utilities are of sufficient quality and quantity to adequately serve the site.
The parcel is filled and compacted to comply with all applicable subdivision codes,
building and zoning codes, and flood insurance laws and regulations. The fill and
compaction are of sufficient quality to accept the building improvements.
<section prefix = (7)>
Sensitive land: The Board of County Commissioners hereby finds that steep slopes,
canals, lakes, watercourses, beaches, golf courses, and wetlands shall not constitute
usable land for local recreation activities. However, credit may be given to designated
pine and hammock forested lands identified as "Natural Forest Community" in Ordinance
No. 89-8, designated sites identified as "Environmentally Endangered Lands" (EEL).
(Chapter
</section>
24A
of the Code of Metropolitan Miami-Dade County), and listed on the A or B Acquisition
Lists, and to sites with aesthetic or historic value where passive use, conservation,
and preservation objectives are consistent with neighborhood and community needs.
</section>
<section prefix = (a)>
Designated sites containing "Natural Forest Communities or EEL," may be considered
for up to a maximum of fifty (50) percent credit toward the park open space fee requirement.
In all instances, a minimum of fifty (50) percent of the total land dedication requirements
must be suitable for local park open space use.
</section>
<section prefix = (b)>
The balance of the park open space fee not receiving credit as specified above, shall
be paid by the applicant in accordance to the provisions of
Section 33H-6
herein.
</section>
<section prefix = (c)>
In cases of natural or historical sites which are exceptional or unique, areas less
than five (5) acres may be considered.
<section prefix = (8)>
Plans: County, regional and State plans shall be taken into consideration when evaluating
land dedication.
</section>
<section prefix = (9)>
The Director shall determine, based on specific review of each application, whether
the proposed site meets the requirements within this section. The Director's determination
shall be in writing and shall specify the reasons the site was approved or denied
credit. The Director's determination shall be made within thirty (30) days from the
date the request was received.
</section>
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-11. Impact fee benefit districts and trust accounts.<</catch_line>
<text>
<section prefix = (a)>
To insure that fees collected will benefit feepaying developments, all local park
open space fees and local park improvement fees paid in accordance with the provisions
of this chapter shall be deposited in the "Local Park Trust Fund," a combination of
interest bearing trust accounts for each park benefit district for local park open
space and local park improvements. The fund shall be established and maintained by
the County Finance Department with fees accountable by the Finance Division, Park
and Recreation Department.
</section>
<section prefix = (b)>
Park benefit districts shall correspond to the Miami-Dade County Park Benefit District
map indicating three (3) districts. These benefit districts are delineated in Exhibit
A and described in detail in Exhibit A.1 which attachments are incorporated herein
by reference and made a part hereof.
</section>
<section prefix = (c)>
All park impact fees collected by the Department of Planning and Zoning shall be promptly
deposited into the proper account in the local park trust fund. General administrative
charges collected by the Department of Planning and Zoning shall be directed to the
park impact fee administrative fund account for the purpose of paying the cost of
administering determinations of credits, contributions, suitability and this chapter.
</section>
<section prefix = (d)>
Architectural and engineering, design and inspection charges for public park improvements
shall be deposited into the Improvement Fee Account within the respective Park Benefit
District.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-12. Impact fee expenditures.<</catch_line>
<text>
<section prefix = (a)>
Except as otherwise provided herein, funds from the local park trust funds, including
any accrued interest, shall be limited to the financing of park acquisition, park
expansion, park improvements to real property, capital facilities (including start-up
equipement and technology), or for principal and interest payments (including sinking
fund payments) on bonds or other borrowed revenues. Such funds shall only be used
to mitigate the impact of and benefit new development within the respective park benefit
districts from which the fees are collected or for projects in other park benefit
districts which benefit the park benefit district from which the funds were collected.
Trust account funds may be used to purchase additional land from a feepayer where
such purchase is consistent with the purpose of this chapter or for excess improvement
costs approved in accordance with
Section 33H-7
(c)(8).
</section>
<section prefix = (b)>
Trust account funds shall be deemed expended in the order in which they are collected.
Policies to be used in scheduling the expenditure of local park trust funds shall
be set forth in the manual.
</section>
<section prefix = (c)>
If the Miami-Dade County standards for local parks have been met within the park benefit
district, the Board of County Commissioners following a public hearing, may authorize
the County Manager or his designee, to expend the funds for land acquisition or improvements
in an adjacent benefit district or within the prescribed park service zone. Said authorization
shall only be permitted upon a finding that the expenditure will mitigate the impacts
of and will benefit the residential development paying the fees in question.
</section>
<section prefix = (d)>
The County Manager shall periodically review this chapter and the park impact fee
manual and, if appropriate, make recommendations to the Board of County Commissioners
for revisions to this chapter and the park impact fee manual. The purpose of this
review is to ensure that the benefits to a fee paying development are equitable in
that the fee charged to the paying development shall not exceed a proportionate fair
share of the costs of mitigating park impacts of new developments, and that the procedures
for administering the impact fee shall remain efficient. Additionally, within one
hundred twenty (120) days from the date of the end of the fiscal year, the Office
of Capital Improvements shall submit to the County Manager a financial and management
report on the impact fee trust funds. No later than thirty (30) days after submission
of the report, the County Manager shall conduct a public meeting, for the purpose
of presenting the report and receiving public comment on the report as well as the
impact fee program. This meeting shall be advertised at least seven (7) days in advance
in a newspaper of general circulation. No later than thirty (30) days after the public
meeting, the County Manager shall schedule the report, which shall serve as the County's
Annual Impact Fee Report, for the Board of County Commissioner's consideration. The
County Manager shall provide a companion report to the Board advising of any County
Manager recommended impact fee program changes and detailing comments received from
the annual impact fee public meeting.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-13. Refund of impact fees.<</catch_line>
<text>
<section prefix = (a)>
If a residential building permit encompassing feepaying development expires or is
revoked prior to final inspection, the feepayer shall be entitled to a refund without
interest of the impact fee minus seven and one-half (7) percent general administrative
fee. However, no refund shall be provided for impact fees deemed expended pursuant
to
Section 33H-12
(b) and (c) or for the cost of completed improvements contributed in-lieu-of-fee except
as provided in
Section 33H-7
(c) herein and as specified in the manual.
</section>
<section prefix = (b)>
Any impact fee trust funds not expended by the end of the fiscal quarter immediately
following six (6) years from the date the fee was paid shall be returned to the feepayer
by the Planning and Zoning Director with accrued interest. The feepayer shall be required
to submit a written request for refund to the Planning and Zoning Director before
issuance of the refund can be authorized. No refunds of park impact fees will be provided
for in the event the feepayer does not request such a refund prior to the expiration
of the end of the fiscal quarter immediately following the six-year period from the
date the park impact fee was paid. Developments of regional impact whose long term
buildout and whose development has been approved by the Board of County Commissioners
are exempt from this time frame.
</section>
<section prefix = (c)>
Fees shall be deemed expended for purposes of this chapter when any portion of the
payment of the fee, except for the general administrative portion of the fee, is encumbered
by contract or agreement by Miami-Dade County. The manual shall set forth a procedure
to be used for identifying the source of monies expended.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-14. Exemptions.<</catch_line>
<text>
<section prefix = (a)>
The following shall be exempted from payment of park impact fees:
<section prefix = (1)>
Alterations, expansion or replacement of existing dwelling unit(s) where no additional
dwelling units are created and no additional population is generated.
</section>
<section prefix = (2)>
The construction of accessory buildings or structures which will not create additional
dwelling units.
</section>
<section prefix = (3)>
The issuance of a tie-down permit on a mobile home on which applicable park impact
fee has previously been paid.
</section>
<section prefix = (4)>
The re-occupancy of a mobile home space on which applicable park impact fee has previously
been paid.
</section>
<section prefix = (5)>
The replacement of a dwelling unit(s) which replacement meets the requirements of
Section 104.3 (D), South Florida Building Code (replacement necessitated by partial
destruction).
</section>
</section>
<section prefix = (b)>
All development activity permitted by an existing development of regional impact development
order (D.O.) adopted pursuant to Chapter 380, Florida Statutes, approved prior to
the effective date of this chapter shall be exempt from this chapter unless otherwise
provided in the development order. This exemption provision does not apply to those
development orders which have been revoked or determined to be null and void or to
any development not authorized in such development order by Miami-Dade County. This
exemption shall not apply to any additional development regardless of whether or not
such additional development constitutes a substantial deviation pursuant to Chapter
380, Florida Statutes.
</section>
<section prefix = (c)>
The following developments shall be exempt from the requirement that impact fees be
paid, subject to an application by the feepayer to the Planning and Zoning Director
and a determination by the Planning and Zoning Director that the proposed development
activity is consistent with the CDMP that such residential development activity, or
portion thereof, which provides affordable housing as defined in the "Florida Affordable
Housing Act of 1986," Section 420.602(3)(a) (very low income) or (b) (low income),
Florida Statutes (1987) and amendments thereto.
</section>
<section prefix = (d)>
An exemption must be claimed by the feepayer prior to paying the impact fee. Any exemption
not so claimed shall be deemed to have been waived by feepayer. If an exemption is
sought pursuant to
Section 33H-14
(c), impact fees shall be paid prior to the issuance of the building permit. However,
the feepayer shall be entitled to a refund pursuant to this chapter upon submitting
a formal application for a refund to and receiving approval from the Planning and
Zoning Director, in accordance with the provisions of the manual. Application for
a refund under this section shall be made within one (1) year of the later of: (1)
the effective date of this ordinance or (2) the issuance of a certificate of completion
or a certificate of use for the building. Failure to apply for a refund by the feepayer,
within the above referred one-year period shall invalidate the right for a refund
under this section. Notwithstanding the aforesaid, if an exemption is sought pursuant
to
Section 33H-14
(c), community development corporations (CDC) as defined in Section 290.033(2) and
community-based organizations (CBO) as defined in Section 420.602(5), Florida Statutes
(1991) that have received assistance from Metropolitan Miami-Dade County or the State
of Florida in funding predevelopment costs to provide affordable housing to low and
very low income families shall have the option of executing a covenant running with
the land, in a form approved by the Planning and Zoning Director, in lieu of payment
of impact fees prior to the issuance of the building permit, in accordance with the
provisions of the manual. Joint ventures of either a CDC or a CBO with a for-profit
developer, whose proposed affordable housing development has been approved by the
Miami-Dade County Office of Community Development, shall also have the right to execute
the aforesaid covenant.
</section>
<section prefix = (e)>
An exemption must be claimed by the feepayer at the time of the application for a
building permit. Any exemption not so claimed shall be deemed to have been waived
by the feepayer.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-153, 4, 12-15-92; Ord. No. 94-184,
1, 9-22-94; Ord. No. 95-215, 1, 12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No.
06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-15. Credits.<</catch_line>
<text>
<section prefix = (a)>
Credits for Local Park Open Space Fee.
<section prefix = (1)>
Credit for past open space.
</section>
Credit for up to one hundred (100) percent of the Local Park Open Space Fee shall
be given by the Director for dedication of land for a local park, fee-in-lieu of land
dedication, or contributions of improvements at a local park in-lieu-of open space
that were voluntarily proffered or required under a County development order issued
for a development of regional impact or under other final county action approved prior
to the date of implementation (June 29, 1990) of this chapter. Any claim for credit
pursuant to this
Section 33H-15
(a) shall follow the crediting procedures for issuance of credits provided therein.
A credit shall only be considered against the Park Open Space Fee for those properties
encompassed by the previous development order.
<section prefix = (2)>
Any feepayer claiming such credit shall file a credit application and present documentation
to be considered by the Director in determining the amount of credit to be given toward
the local park open space fee. Such determination shall be subject to administrative
charges specified below and procedures set forth in the manual. No refunds shall be
made under this provision of this section. Any appeal from such a determination by
the Director shall be reviewed by the Developmental Impact Committee Executive Council
pursuant to the procedures set forth in the adopted manual.
</section>
<section prefix = (3)>
Where a feepayer seeks to apply a credit against payment of the park impact fee, the
administrative fee portion of the impact fee shall be the sum of: (a) seven and one-half
(7) percent of the credit or one thousand dollars ($1,000.00) whichever is less and
(b) seven and one-half (7) percent of the remaining net park cost not satisfied by
the credit.
</section>
<section prefix = (4)>
Previously approved park impact fee credits which are: (1) unused and (2) based on
a net park cost which has been subsequently adjusted, shall be entitled to an adjustment
equal to the percentage increase or decrease of the net park cost in the park impact
fee formula. Any such adjustment shall only be utilized to offset park impact fees
and shall not be refundable.
</section>
</section>
<section prefix = (b)>
Credit for Future Local Park Dedications.
<section prefix = (1)>
When the feepayer agrees to dedicate land for a local park in accordance with Sections
4.B and 6, a credit for up to the full amount of the open space fee may be given by
the Director on an acre per acre basis.
</section>
<section prefix = (2)>
Where a feepayer seeks to apply a contribution in-lieu-of fee credit against payment
of the park impact fee, the administrative fee portion of the impact fee shall be
the sum of: (a) seven and one-half (7) percent of the contribution in-lieu-of fee
or one thousand dollars ($1,000.00) whichever is less and (b) seven and one-half (7)
percent of the remaining net park cost not satisfied by the contribution in-lieu-of-fee.
The administrative fee, A&amp;E, design and inspection charges must be paid prior to the
time of the building permit issuance.
</section>
</section>
<section prefix = (c)>
Credit for Local Park Improvements.
<section prefix = (1)>
A credit for past local park improvements may be given. Where park improvements were
voluntarily constructed within a local park, a credit may be given for up to one hundred
(100) percent of the park improvement fee in accordance with the provisions of this
section.
</section>
<section prefix = (2)>
A credit for future local park improvements may be given. Where the feepayer agrees
to supply, build or install park and recreation improvements within a local park site
pursuant to
</section>
Section 33H-7
(c), a credit may be given in the amount of such facilities agreed to be provided,
up to one hundred (100) percent of the park improvement fee. Credits for improvements
shall be created when the construction of the park improvement are completed and accepted
by the Department for maintenance.
<section prefix = (3)>
Credits for the local park improvement fee shall not exceed those improvement costs
shown in Table 2 herein.
</section>
<section prefix = (4)>
Where a feepayer seeks to apply a fee credit against payment of the park impact fee,
the administrative fee portion of the impact fee shall be the sum of: (a) seven and
one-half (7) percent of the credit or one thousand dollars ($1,000.00) whichever
is less and (b) seven and one-half (7) percent of the remaining net park cost not
satisfied by the contribution. The administrative fee must be paid prior to the time
of the building permit issuance.
</section>
<section prefix = (5)>
Previously approved credits for local park improvements which are: (1) unused and
(2) based on a prior park cost which has been subsequently adjusted, shall be entitled
to an adjustment equal to the percentage increase or decrease of the net improvement
cost in the park impact fee formula. Any such adjustment shall only be utilized to
offset park impact fees and shall not be refundable.
</section>
<section prefix = (6)>
Credits shall not be given for the administrative fee portion of the impact fee which
remains the responsibility of the feepayer and must be paid prior to the time the
building permit is issued.
</section>
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-83, 1, 2, 7-21-92; Ord. No. 94-184,
1, 9-22-94</history>
</text>
<catch_line>Sec. 33H-16. Appeals of administrative decisions.<</catch_line>
<text>
<section prefix = (a)>
Except as otherwise provided in this chapter, the decisions of the Parks and Recreation
Director or of the Planning and Zoning Director, may be appealed by the feepayer to
the County Developmental Impact Committee Executive Council. Appeals of the decisions
of the Executive Council shall be to the Board of County Commissioners in accordance
with procedures specified in
Section 33-314
, Miami-Dade County Code.
</section>
<section prefix = (b)>
If a feepayer wishes to appeal, the feepayer shall first file a notice of administrative
appeal on the form specified in Section XVIII of the manual, with the Development
Impact Committee Coordinator. All appeals shall be filed within thirty (30) days after
the earlier of: (a) issuance of a written decision by the Parks and Recreation Director
or by the Planning and Zoning Director; or (b) the Planning and Zoning Director's
acceptance of payment of the park impact fee. The feepayer shall, when filing an appeal,
submit a letter which provides a full explanation of the request, the reason for the
appeal, and all supporting documentation.
</section>
<section prefix = (c)>
The Development Impact Committee Coordinator shall schedule the appeal before the
Development Impact Committee Executive Council as soon as practically possible. The
Development Impact Committee Executive Council shall vote to affirm, reject or revise
the decision of the Parks and Recreation Director or of the Planning and Zoning Director.
The written decision of the Council shall be mailed certified mail, return receipt
requested. Any appeal to the Board of County Commissioners shall be filed within thirty
(30) days from the date of receipt of the Council's written decision.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-17. Vested rights.<</catch_line>
<text>
Nothing in this chapter shall limit or modify the rights of any person to complete
any development for which a lawful building permit was issued prior to the effective
date of this chapter and on which there has been a good faith reliance and a substantial
change of position.
<history>(Ord. No. 90-59, 2, 6-19-90)</history>
</text>
</law>
BUILD SUCCESSFUL (total time: 3 seconds)
run:
<?xml version="1.0" encoding="utf-8"?>
<law>
<structure>
<unit label="title"" identifier="Sec. 33H-17." order_by="Sec. 33H-17." level="">PART III CODE OF ORDINANCES</unit>
<unit label="chapter"" identifier="Sec. 33H-17." order_by="Sec. 33H-17." level="">Chapter 33H PARK IMPACT FEE ORDINANCE
</unit>
</structure>
<catch_line>Sec. 33H-1. Short title, applicability and purpose.<</catch_line>
<text>
<section prefix = (a)>
This chapter [Ordinance Number 90-59] shall be known and may be cited as the "Park
Impact Fee Ordinance."
</section>
<section prefix = (b)>
This chapter shall apply to the development of property for residential use located
within the boundaries of the unincorporated area of Miami-Dade County. Nonresidential
development of property shall not be subject to the terms of the chapter.
</section>
<section prefix = (c)>
The existence of public parks has substantial benefits to proximate residential development.
These benefits include actual use by residents of such development and aesthetic,
recreational, and environmental benefits to the residential area and its population.
These benefits accrue to all properties and residents of the area.
</section>
<section prefix = (d)>
The purpose of this chapter is to provide not only for the minimum level of service
established by the CDMP, but also for the additional public park open space and recreation
facilities necessary to adequately serve the impacts and demands of new residential
development; and to require that future residential growth contribute its fair share
to the cost of additions and improvements to the County's public park system in amounts
reasonably anticipated to offset the impacts and demands generated by such growth.
This cost does not include operational and maintenance cost.
<history>(Ord. No. 90-59, 2, 6-19-90</history>
</text>
<catch_line>Sec. 33H-2. Rules of construction.<</catch_line>
<text>
<section prefix = (a)>
This chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety and welfare.
</section>
<section prefix = (b)>
Unless otherwise stated, the following rules of construction shall apply to the text
of this chapter.
<section prefix = (1)>
If there is any conflict between the text of this chapter and any table, summary table
or illustration, the text shall control.
</section>
<section prefix = (2)>
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
</section>
<section prefix = (3)>
The phrase "used for" includes "arranged for," "designed for," or "occupied for."
</section>
<section prefix = (4)>
The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
</section>
<section prefix = (5)>
The word "includes" shall not limit a term to the specific example but is intended
to extend its meaning to all other instances or circumstances of like kind or character.
</section>
<section prefix = (6)>
Words used in the present tense shall include the future; words used in the singular
shall include the plural and the plural the singular, unless the context clearly indicates
the contrary; and use of the masculine gender shall include the feminine.
</section>
<section prefix = (7)>
Unless the context clearly indicates the contrary, where a regulation involves two
(2) or more items, conditions, provisions, or events connected by the conjunction
"and," "or" or "eitheror," the conjunction shall be interpreted as follows:
</section>
</section>
<section prefix = (a)>
"And" indicates that all the connected terms, conditions, provisions or events shall
apply.
</section>
<section prefix = (b)>
"Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
</section>
<section prefix = (c)>
"Eitheror" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination.
<history>(Ord. No. 90-59, 2, 6-19-90</history>
</text>
<catch_line>Sec. 33H-3. Definitions.<</catch_line>
<text>
The definitions contained in Chapters 28 and 33, Code of Miami-Dade County, Florida,
shall apply to this chapter except as otherwise provided in the following definitions:
</section>
<section prefix = (a)>
Applicant
means the person who applies for a building permit or submits a plat or waiver of
plat.
</section>
<section prefix = (b)>
Areawide park
means a county park designed to fulfill the recreational needs of both incorporated
and unincorporated area residents and tourists. They serve large populations and draw
users from great distances and include Metropolitan Parks and Special Activity areas.
</section>
<section prefix = (c)>
Board
means the Board of County Commissioners of Miami-Dade County, Florida.
</section>
<section prefix = (d)>
Building
means any structure having a roof entirely separated from any other structure by
space or by walls in which there are no communicating doors or windows or any similar
opening and erected for the purpose of providing support or shelter for persons, animals,
things or property of any kind.
</section>
<section prefix = (e)>
Building permit
means an official document or certificate issued by the Miami-Dade County Building
Official, authorizing the construction or siting of any building. For purposes of
this chapter, the term "building permit" shall also include tie-down permits for those
structures or buildings, such as a mobile home, that do not require a building permit
in order to be occupied.
</section>
<section prefix = (f)>
Community park
means a County park typically from twenty (20) to one hundred (100) acres in size
that serves a group of neighborhoods. Community parks are actively programmed and
staffed recreation areas that retain their park-like identity through landscape design.
They are all "drive-to" facilities. These parks are designed to provide a broad range
of recreational facilities that are sensitive to the particular needs of the surrounding
community. Opportunities can range from staffed recreation and sports centers, athletic
fields, and picnic areas to natural landscaped open space. Community parks collectively
support larger, more distant, and more diversified District Parks.
</section>
<section prefix = (g)>
Comprehensive Development Master Plan (CDMP)
means the Comprehensive Plan of the County adopted pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act, 163.3161 et seq., Florida
Statutes as may be amended from time to time.
</section>
<section prefix = (h)>
Contributions
mean all dedications of land and/or provision of specific improvements in lieu of
cash.
</section>
<section prefix = (i)>
County park system
or
park system
means all park and recreation land and facilities owned, operated or maintained by
the Department.
</section>
<section prefix = (j)>
County wide
as it relates to this chapter means both unincorporated and incorporated areas of
Miami-Dade County.
</section>
<section prefix = (k)>
Credits
means the present value of past, present or future provisions made by new developments
for the cost of existing or future capital improvements or dedications.
</section>
<section prefix = (l)>
Day</i> means calendar days.
</section>
<section prefix = (m)>
Department
means the Miami-Dade County Park and Recreation Department.
</section>
<section prefix = (n)>
Department of Planning and Zoning
means the Miami-Dade County Department of Planning and Zoning or its designee.
</section>
<section prefix = (o)>
Development
means any construction, structures, creation of structures or alteration of the land
surface, or use of land or natural resources which requires authorization by Miami-Dade
County through issuance of a development order.
</section>
<section prefix = (p)>
Director
or
County Park and Recreation Director
means the director of the Miami-Dade County Park and Recreation Department or his
designee.
</section>
<section prefix = (q)>
Planning Director
means the director of the Miami-Dade County Department of Planning and Zoning or
its designee.
</section>
<section prefix = (r)>
District Park
means a large County park and recreation area that serves major portions of the County.
The emphasis of District Parks is on intensive recreational activities and programming.
This includes the provision of larger facilities, recreation centers, multiple ballfields,
sport court complexes, large pools, active and user oriented facilities, and include
opportunities for picnicking and fresh water beaches.
</section>
<section prefix = (s)>
Dwelling unit
means a building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged,
designed or used as living quarters for one or more persons. Dwelling unit includes
mobile home, motel/hotel/rooming house if converted to condominium, servants' quarters
or congregate living facilities as that term is defined by Section 400.402, Florida
Statutes.
</section>
<section prefix = (t)>
Encumbered
means monies committed by contract or purchase order in a manner that obligates the
County to expend the funded amount upon delivery of goods, the rendering of services
or the conveyance of real property provided by a vendor, supplier, contractor or owner.
</section>
<section prefix = (u)>
Existing development
means the lawful land use which physically exists or for which the landowner holds
a valid building permit as of the effective date of this chapter or that maximum level
of development activity for which a previous impact fee was paid under the provision
of this chapter. As used in this chapter, the term "lawful land use" shall not include
a land use which has been established or maintained in violation of this chapter or
applicable codes or a use of structure or land which has been abandoned for a period
of more than five (5) years shall not be considered existing for purposes of this
chapter.
</section>
<section prefix = (v)>
Feepayer
means a person intending to commence a proposed development for which an impact fee
computation is required, or a person who has paid an impact fee, provided a letter
of credit, or made a contribution-in-lieu-of-fee pursuant to this chapter.
</section>
<section prefix = (w)>
Flood criteria
means the minimum finished elevation required for all lands as established and shown
on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public
records of this County as the same may be modified from time to time.
</section>
<section prefix = (x)>
Frontage
means the distance measured along a road right-of-way.
</section>
<section prefix = (y)>
Greenway
means a linear trail or park that connects other parks and public places throughout
the County by way of canals, railroads, highways, easements and open spaces and provide
opportunities for pedestrian, bicycling and horseback use.
</section>
<section prefix = (z)>
Impact
means the effect of additional population generated by residential construction on
the park network in a given area.
</section>
<section prefix = (aa)>
Impact determination
means the amount of property required or the cost related to the impact of residential
dwelling units as calculated pursuant to the formula contained herein.
</section>
<section prefix = (bb)>
Land valuation assumptions
means the fundamental assumptions and conditions to be used for an appraisal of land
for a local park.
</section>
<section prefix = (cc)>
Level of Service Standard (LOS)
means the Miami-Dade County's level of service standard for the minimum provision
of local recreation open space in the unincorporated Miami-Dade County which is two
and three-quarter (2.75) acres of local recreation open space per one thousand (1,000)
permanent residents. These requirements do not apply to rural and agricultural residences
on lots five (5) acres or larger outside the Urban Development Boundary (UDB) as defined
in the CDMP.
</section>
<section prefix = (dd)>
Local Park
means County-provided mini-parks, neighborhood parks, community parks, single purpose,
and portions of district parks that serve local recreation needs and that are designated
by the Department as local parks on the Property Management inventory on file with
the Director. Such parks serve residents of the unincorporated areas living within
close walking or close driving distance.
</section>
<section prefix = (ee)>
Local Park Share
means the amount of the level of service standard that directly addresses that portion
of public demand for local recreation open spaces in County-provided local parks as
determined by statistical analysis as .00201 acres/person and include mini-parks,
neighborhood parks, community parks, single purpose parks, and portions of those district
and areawide parks that are used as local recreation open spaces and that are designated
as local recreation open space in the facility inventory maintained by the Director.
</section>
<section prefix = (ff)>
Local Recreation Open Spaces
consist of (1) County-provided mini-parks, neighborhood parks, community parks, single
purpose parks, and portions of those district and areawide parks that are used as
local recreation open spaces and that are designated as local recreation open space
in the facility inventory maintained by the Director; (2) public school and public
college playfields that are used as local recreation open space included under a Joint
Parks-School Agreement between the County and the Miami-Dade County Public School
System or State Board of Governors; and (3) private recreation open space and facilities
inside the UDB may also be deemed to be local recreation open space. Collectively,
these three (3) types of open space comprise the 2.75 acres/1,000 permanent resident.
</section>
<section prefix = (gg)>
Metropolitan Park
means a large resource-oriented park, typically including prominent water features.
The park preserves valuable natural and historical resources while providing a broad
mix of resource-dependent recreation opportunities.
</section>
<section prefix = (hh)>
Mobile home dwelling unit
means a manufactured structure, transportable in one or more sections, which is built
on an integral chassis and is designed to be used as a single-family dwelling unit,
with or without a foundation, when connected to the required utilities.
</section>
<section prefix = (ii)>
Mini-Park
means a County park which has small passive open space areas typically less than
one acre in size. Mini-Parks are usually located in densely populated areas, provide
open space amenities unavailable elsewhere in the vicinity, and function as substitutes
for private yards in residential areas. Mini-Parks provide a place for relaxation,
socialization, recreation, and can also be found along some main traffic arteries
where they function as roadway beautification areas.
</section>
<section prefix = (jj)>
Multi-family dwelling unit
means a structure that contains more than two (2) residential housing units located
in a single building or part of a multi-building complex. Units may be rental or owner-occupied.
</section>
<section prefix = (kk)>
Neighborhood Park
means a County park which is typically from one (1) to ten (10) acres in size and
considered a "walk-to" facility. Neighborhood parks contain open play fields, landscaping,
and limited recreation facilities (backstops, courts, or tot lots) but do not contain
a recreation center or program staff.
</section>
<section prefix = (ll)>
Nonresidential development
means any development not providing for residential dwelling units within a planned
project.
</section>
<section prefix = (mm)>
Natural forest community
means all stands of trees (including their associated understory) which were designated
as Natural Forest Communities on the Miami-Dade County Natural Forest Community Maps
and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84
and Ordinance No. 89-8. These maps may be revised from time to time by resolution
in order to reflect current conditions and to insure that, at a minimum, the canopy
and understory of designated natural forest communities are dominated by native plant
species. Some upland areas identified as "Environmentally Endangered Lands" (EEL)
under Ordinance No. 91-67 may be included.
</section>
<section prefix = (nn)>
Off-site park improvement
or
off-site improvement
means any improvement located outside of the boundaries of a parcel proposed for
development or platted subdivision parcel but within the same Park Benefit District.
</section>
<section prefix = (oo)>
Off-site park open space or off-site acquisition means any land proffered outside
of the boundaries of a parcel proposed for development or platted subdivision parcel
but within the same Park Benefit District.
</section>
<section prefix = (pp)>
Owner
means the person holding legal title to the real property.
</section>
<section prefix = (qq)>
Parent tract
means a parcel of land designated as land to be subdivided for purposes of subdivision.
</section>
<section prefix = (rr)>
Park benefit district
means a statistical area of the Official Miami-Dade County Park District Map indicating
three (3) districts as determined by geographical boundaries.
</section>
<section prefix = (ss)>
Park impact fee manual
or
manual
means the document prepared by the County Manager and adopted by the Board of County
Commissioners which contains information, sets forth procedures and implements policies
essential to the administration of the Impact Fee Ordinance, all pursuant to the standards
set forth in this chapter.
</section>
<section prefix = (tt)>
Park improvement
means preliminary engineering, design studies, land surveys, engineering, permitting,
construction and, installation and/or modification of land, structures, landscaping,
and/or equipment thereon.
</section>
<section prefix = (uu)>
Park land value
means a determination of the average value of potential park land located in the
same park benefit district for which building permits are being requested, based on
the valuation assumptions specified in
Section 33H-9
(d)(1).
</section>
<section prefix = (vv)>
Park service zone
means the zone of influence a local park and its facilities have on residents in
relation to the amount of time and distance they are willing to travel to a facility,
i.e., up to five (5) mile distance.
</section>
<section prefix = (ww)>
Residential development
means any single-family attached, single-family detached, multi-family attached building
or buildings designed to be used as residential dwelling units. Dwelling unit may
be one (1) single-family dwelling unit or two (2) or more dwelling units in a planned
project or subdivision.
</section>
<section prefix = (xx)>
Single-family attached dwelling unit
means a housing unit which shares a common wall with an adjoining unit. The common
wall must extend from the foundation through the attic.
</section>
<section prefix = (yy)>
Single-family detached dwelling unit
means a conventional home where one family normally occupies one (1) unit in one
(1) structure. May be found in subdivision or on single lot.
</section>
<section prefix = (zz)>
Single-Purpose Park
means a single-use County park that supports a public local park or recreation function.
The park is typically developed for a specific function and draws a more specialized
user group than do similar facilities in other local parks. Examples include tennis
centers, athletic fields, senior citizen and boxing centers. These parks may be operated
by non-profit organizations.
</section>
<section prefix = (aaa)>
Unit(s) of development
means a quantifiable increment of development activity dimensioned in terms of dwelling
units, or other appropriate measurements contained in the impact fee schedule.
</section>
<section prefix = (bbb)>
Unincorporated areas
means any land in the County not lying within the boundaries of a municipality.
</section>
<section prefix = (ccc)>
Urban Infill Area or UIA
means that part of Miami-Dade County east of, and including NW/SW 77 Avenue and S.R.
286 (Palmetto Expressway), and excluding the City of Islandia.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-4. General provisions.<</catch_line>
<text>
All residential development is deemed to create an impact and therefore an increased
demand for public facilities including public open space, park and recreation facilities.
As such, the cost of new public facilities should be borne by new users to the extent
new use requires new facilities. Therefore, any application for a building permit
within unincorporated Miami-Dade County enabling the construction of residential dwelling
units on or after the effective date of this Ordinance shall be subject to the imposition
of park impact fees in the manner and amount set forth in this chapter. All Park Impact
Fees are due and payable at the same time as the Road, Fire, or Police Impact Fee
is paid.
</section>
<section prefix = (a)>
Land dedications shall be conveyed by plat and deed. All dedications shall be platted
with the first final residential plat that is adjacent to the designated park site
or by an alternate arrangement specified in a recordable agreement as determined by
the Director. The determination by the Director to accept dedications shall be based
on the County's present needs and availability of other park sites within the immediate
vicinity of the development. Where land for a public local park is to be dedicated,
and/or park improvements for a public local park are to be constructed, a recordable
agreement shall be required stating which land and/or improvements will be dedicated
for park purposes, before recording the first final plat within the subdivision in
accordance with criteria in
Section 33H-7
(c).
</section>
<section prefix = (b)>
All fee payments shall be made before a residential building permit is issued. The
Building Official shall not issue a building permit until the applicant has satisfied
the provisions of this chapter. This requirement shall not prohibit a feepayer from
initiating an independent fee computation study as provided for in
Section 33H-9
herein.
</section>
<section prefix = (c)>
The public interest, convenience, health, welfare, and safety require that a minimum
of two and three-quarter (2.75) acres for each one thousand (1,000) persons residing
within unincorporated Miami-Dade County be devoted to local recreation open space.
</section>
<section prefix = (d)>
Each park site shall be physically suited for the use intended and shall meet the
criteria given in
Section 33H-10
, Land Suitability.
</section>
<section prefix = (e)>
Notwithstanding a feepayer's compliance with this Chapter, other State and County
development regulations may limit the issuance of building or use permits for development
activity.
</section>
<section prefix = (f)>
The County Manager, pursuant to Section 4.02 of the Miami-Dade County Home Rule Charter
shall propose to the Board of County Commissioners, a Park Impact Fee Manual that
shall be used for the administration of this chapter. The manual shall contain the
following:
<section prefix = (1)>
The independent fee calculation methodology relating to
</section>
Section 33H-9
<section prefix = (2)>
The administrative cost provided for in
</section>
Section 33H-3
33H-5
33H-6
(b),
33H-7
(a),
33H-7
(c),
33H-9
(c),
<section prefix = (3)>
The standards and procedures for issuance of fee refunds set forth in
</section>
Section 33H-13
and fee credits set forth in
Section 33H-15
, and
<section prefix = (4)>
The standards, procedures and other matters required to administer this chapter.
</section>
</section>
<section prefix = (g)>
The manual shall be adopted by the Board of County Commissioners by resolution or
by ordinance.
</section>
<section prefix = (h)>
The County Manager shall periodically adjust the adopted park impact fee ordinance
and manual as set forth below. The Manager's action shall ensure that the benefits
to a feepayer are equitable in that the fee charged to the feepayer shall not exceed
a proportionate share of the costs of mitigating park impacts. The adjusted Impact
Fee Schedule shall be on file with the Department of Planning and Zoning, Impact Fee
Administration Office.
<section prefix = (1)>
All building permits subject to Park Impact Fee issued within one year after the effective
date of this ordinance shall be obligated to pay sixty percent (60%) of the computed
fee as determined herein. All building permits subject to the Park Impact Fee and
issued more than one year after but less than two years after the effective date of
this Ordinance shall be obligated to pay eighty percent (80%) of the computed fee
as determined herein. Beginning the third year after the effective date of this ordinance,
all building permits subject to the Park Impact Fee shall be obligated to pay one
hundred percent (100%) of the computed fee as determined herein.
</section>
<section prefix = (2)>
The County Manager shall annually adjust the Open Space Costs (Table 1), Improvement
Costs (Table 3), and the park impact fee schedule provided in
</section>
Sec. 33H-8
by indexing the tables and the schedule to inflation as defined by the Consumer Price
Index - All Urban Consumers for the United States, published by the United States
Department of Labor, Bureau of Labor Statistics. The first indexing calculation adjustment
shall occur during the 2006-2007 County budget year using the difference in Consumer
Price Index figures for calendar years 2005 and 2006.
<section prefix = (3)>
Unless otherwise directed by the County Commission, any adjustments to the park impact
fee, made pursuant to this section, shall be effective the first day of October of
each calendar year.
</section>
<section prefix = (4)>
If the index is changed by the United States Department of Labor so that the base
year is different, the index shall be converted in accordance with the conversion
factor published by the United States Department of Labor, Bureau of Labor Statistics.
</section>
<section prefix = (5)>
If the index is discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained if the index had not been discontinued or revised.
</section>
<section prefix = (6)>
The County Manager shall annually adjust the park impact fee schedule provided in
</section>
Sec. 33H-8
by providing credit for any outstanding debt from General Obligation Bonds issued
to finance capital projects for local park improvements which meet needs generated
by population growth and development.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-82, 1, 7-21-92; Ord. No. 94-184, 1,
9-22-94; Ord. No. 95-215, 1, 12-5-95; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-5. Park impact fee.<</catch_line>
<text>
The park impact fee is the sum of the local park open space fee (less a credit for
fees and taxes paid toward capital expansion of local parks) and the local park improvement
fee, together with impact fee administrative cost. This impact fee reflects the impact
of residential development on both the need for local park open space and the need
for improvements to local park property. Any person requesting a building permit for
residential development shall pay the impact fee reflected in the impact fee schedule
set forth in
Section 33H-8
and developed pursuant to the following:
</section>
<section prefix = (a)>
Local park open space fee.
The local park open space fee formula described in
Section 33H-6
shall be the basis for the computation of the local park open space fee. The local
park open space fee shall take the form of monetary fee or the dedication of land
for a local park or a combination thereof.
</section>
<section prefix = (b)>
Local park improvement fee.
The local park improvement fee is intended to mitigate the impact of new residential
development on the need for local park improvements. The cost to improve local parks
is based upon the County's cost to provide those improvements described in
Section 33H-7
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94</history>
</text>
<catch_line>Sec. 33H-6. Requirements for local park open space fees.<</catch_line>
<text>
Before a residential building permit is issued, the applicant will be required to
pay monetary fees or to dedicate public local park land, or a combination thereof
in accordance with this section. Unless otherwise specifically permitted by the Director
the fee shall be the monetary fee hereinafter provided in
Section 33H-8
</section>
<section prefix = (a)>
Amount of local park open space monetary fee per dwelling unit.
<section prefix = (1)>
General Formula: The amount of the local park open space fee shall be based upon the
average value of potential park land per acre times the local park share of .00201
net acres per person, times population density by type of dwelling unit, less a credit
for monies paid through ad valorem taxes toward capital expansion of local parks.
Average land value shall be the average value of potential park land per acre located
in the same park benefit district for which a building permit is being requested.
</section>
The local park open space monetary fee shall be determined in accordance with the
following:
[Local Park] [Average] [] [.00201 Net] [People] [] [Tax]
[Open Space] [(=)] [Parkland] [()] [Acres] [()] [per] [(-)] [Credit]
[Fee/] [] [Value/] [] [per] [] [Dwelling] [] [of]
[Dwelling Unit] [AC] [] [Person] [] [Unit] [] [$304.97]
The amount of the tax credit shall be based upon the total outstanding unincorporated
area debt service for local park projects, divided by the total number of households
in unincorporated areas.
<section prefix = (2)>
Determination of local park land value: The Board hereby establishes in accordance
with the procedures specified in
</section>
Section 33H-6
(a)(1) and the valuation assumptions in
Section 33H-9
(d)(1), the average local park land value per acre by park benefit district is as
follows:
Table 1 Open Space Cost
[Park Benefit District] [Average Park Land Value Per Acre]
[1] [$269, 750]
[2] [$154, 471]
[3] [$130, 631]
These values are subject to annual adjustment pursuant to
Section 33H-4
</section>
<section prefix = (b)>
Determination of land dedication in lieu of monetary fees.
<section prefix = (1)>
Prior to the time of the earlier of a public hearing or tentative platting, for developments
of more than fifty (50) residential dwelling units, or, if a site plan is not provided
and the highest permissible development is more than fifty (50) residential dwelling
units, the feepayer may request a local park open space determination by the Director
for the purpose of determining whether land dedication in lieu of the open space fee
is acceptable to the Director.
</section>
<section prefix = (2)>
The Director, based on specific review of the development and the criteria set forth
below shall determine whether land dedication or monetary fees, or a combination thereof
would be in the best interest of the County. The Director's determination shall be
in writing and shall be made within thirty (30) days from the date the application
was received and shall be in accordance with the following criteria and for the purpose
of maintaining the permanent level of service:
</section>
Ensuring that new local parks are available within a short distance to serve new residential
development.
Addressing future needs by maintaining not less than the minimum permanent level of
service for local parks as population growth occurs.
Completion of public projects started.
Initiation of new public projects identified in the Multi-Year Capital Plan of the
County Budget.
<section prefix = (3)>
Each feepayer shall pay the Department a nonrefundable general administrative service
charge in the amount set forth in the Manual for processing the land dedication determinations.
</section>
</section>
<section prefix = (c)>
Amount of required local park land dedication.
In the event the feepayer proposes to dedicate land, and if the Director determines
such dedication of land to be in the County's best interest in accordance with
Section 33H-6
(b)(2), then the amount of land to be dedicated shall be based upon the projected
population for the area in question and the local park share of .00201 net acres per
person. The actual amount of land to be dedicated shall be determined by the following
formula but in no case will the dedication be less than five (5) acres unless determined
to be in the best interest of the County by the Director in accordance with
Section 33H-10
[Amount of] [] [Total Number] [] [No. of Persons] [] [.00201 Net]
[Req'd Park] [(=)] [of Dwelling] [()] [Per Dwelling] [()] [Acres Per]
[Land (Net Acres)] [] [Units] [] [Unit] [] [Person]
<section prefix = (1)>
Determination of the number of dwelling units. The basis for determining the total
number of dwelling units shall be the lesser of:
</section>
The actual number of dwelling units reflected on the building permit application,
final plat or permitted by a legally recorded covenant running with the land; or
The maximum number of dwelling units permitted within the proposed development based
upon zoning regulations.
<section prefix = (2)>
Determination of population density. Population density, that is, the number of persons
per dwelling unit, occupied and unoccupied shall be in accordance with the latest
available census data and consistent with the Official Park Benefit District Map of
Miami-Dade County indicating three (3) districts (a copy of which is appended as Exhibit
A and incorporated by reference) and the population density shall be projected as
shown in Table 2. The persons per dwelling unit shall be adjusted periodically based
on the most recent census data updates provided by the Department of Planning and
Zoning.
</section>
Table 2
Persons Per Dwelling Unit By Type
Park Benefit Districts
Miami-Dade County
[Park Benefit District] [PPU Single-Family Detached House] [PPU Single-Family Attached] [Multi-Family Unit Structures]
[1] [3.37] [2.90] [2.11]
[2] [3.26] [2.74] [2.20]
[3] [3.16] [2.94] [2.13]
The statistical area shall be constantly monitored by the Research Division, Miami-Dade
County Planning and Zoning Department which shall submit to the County Commission
revised statistical data when appropriate.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-7. Requirement for local public park improvement fee.<</catch_line>
<text>
<section prefix = (a)>
Determination of local park improvement fee.
Before a residential building permit in the unincorporated area of Miami-Dade County
is issued, the feepayer shall be required to pay a fee for local park improvements
or make improvements at a local park, or a combination thereof in accordance with
the following:
<section prefix = (1)>
Projects involving less than fifty (50) dwelling units shall be required to pay the
local park improvement fee.
</section>
<section prefix = (2)>
For projects involving fifty (50) or more dwelling units, the feepayer may request
a local park improvement impact fee determination by the Director to determine whether
park improvement fees or credit for improvements at a local park or a combination
thereof is acceptable. A feepayer shall only be required to make improvements at a
local park in lieu of a monetary fee upon the mutual agreement of the feepayer and
the Director.
</section>
<section prefix = (3)>
The Director shall determine, based on specific review of each request, whether improvement
fees or credit for improvements at a local park or a combination thereof would be
in the best interest of Miami-Dade County in accordance with criteria in
</section>
Section 33H-7
(c). This determination shall be in writing and shall specify the amount of fees and/or
improvements required. The Director's determination shall be made within thirty (30)
days from the date the request was received.
<section prefix = (4)>
Each feepayer shall pay to the Department, a nonrefundable general administrative
charge in the amount set forth in the Manual for the processing of all materials relating
to improvements at a local park.
</section>
</section>
<section prefix = (b)>
Amount of fees for local park improvement per dwelling unit.
Local park improvement fees are intended to mitigate the impact of the residential
use on the need for local public improvements. The cost to improve the local parks
is based upon the cost to provide improvements to local parks as described in Table
3 below. The cost as shown in Table 3 below shall be adjusted annually by the County
Manager in accordance with
Section 33H-4
(h).
The application of the following formula shall be used in determining the amount of
fees to be paid for local park improvements:
[Local Park Improvement] [] [No. of Persons] [] [Cost]
[Fees Per] [(=)] [Per Dwelling] [()] [Per]
[Dwelling Unit] [] [Unit] [] [Person]
<section prefix = (1)>
Determination of the number of dwelling units: The basis of determining the total
number of dwelling units shall be in accordance with criteria in
</section>
Section 33H-6
(c)(1).
TABLE 3
ITEMIZED BREAKDOWN
THE COST TO IMPROVE LOCAL PARKS
COST PER PERSON
[] [Cost] [Cost/Acre] [Acre/Pers.] [Cost/Pers.]
[Neighborhood Park Improvements (Based on 5 Acres)]
[Clear and Grub (5 Ac)] [$43, 560]
[Finish Fill and Contour] [$9, 333.00]
[Finish Grading (4 Ac)] [26, 136]
[Sod with topsoil (4 Ac)] [121, 968]
[Trees (4 Ac)] [30, 240]
[Walkways] [49, 155]
[Signage] [6, 000]
[Park Furniture] [7, 500]
[Tot Lot (Sm)] [75, 000]
[Multipurpose Courts (2) (not lighted)] [80, 000]
[Access Control] [36, 507]
[New Parking] [25, 000]
[Sub-Total Facility Cost] [510, 399]
[20% A&E, Design, Inspection] [102, 080]
[12% Contingency] [61, 248]
[Neighborhood Park Improvements] [673, 728] [134, 745] [x 0.00060 =] [80.85]
[Community Park Improvements (Based on 30 Acres)]
[Clear and Grub (30 Ac)] [196, 020]
[Finish Grading (20 Ac)] [130, 680]
[Sod w/topsoil (20 Ac)] [609, 840]
[Trees (20 Ac)] [101, 160]
[Irrigation] [177, 724]
[Pump House] [30, 000]
[Signage] [12, 000]
[Park Furniture] [22, 500]
[Tot Lot (Lg)] [125, 000]
[Access control (internal and external)] [99, 550]
[Walkways] [135, 000]
[Recreation Center Building] [802, 500]
[Concession/Storage/Restroom Building] [423, 750]
[Picnic Shelters(2) medium] [121, 500]
[Lighted Soccer Fields(2)] [400, 000]
[Lighted Multipurpose Courts(4)] [108, 000]
[Lighted Tennis Courts(4)] [240, 200]
[Vita Course and Signage] [35, 000]
[Parking, lighted] [540, 000]
[Security/Area Lighting] [232, 500]
[Utilities] [364, 113]
[Sub-Total Facility Cost] [4, 916, 038]
[20% A&E, Design, Inspection] [983, 207]
[12% Contingency] [589, 924]
[1.5% Structures-Art] [20, 216]
[Community Park Improvements] [6, 509, 387] [216, 979] [x .00060 =] [130.19]
[District Park Improvements (Based on 200 Acres w/25 AC Lake)]
[Clear and Grub] [1, 306, 800]
[Finish Fill and Contour Finish Grading (138 Ac)] [1, 782, 240]
[Sod w/topsoil (138 Ac)] [3, 005, 640]
[Trees (138 Ac)] [1, 043, 280]
[Shrubs/Groundcover/Accents] [150, 000]
[Irrigation System] [1, 071, 576]
[Pump House] [60, 000]
[Signage and Entry Feature] [120, 000]
[Park Furniture] [150, 000]
[Tot Lot (1 Large)] [125, 000]
[Tot Lot (1 Small)] [60, 000]
[Access control (perimeter)] [679, 649]
[Walkways/Path] [595, 565]
[Recreation Center Building (Large)] [1, 050, 000]
[Fieldhouse/Gymnasium] [2, 760, 000]
[Concession/Storage/Restroom Building] [1, 695, 000]
[Maintenance Building] [200, 000]
[Maintenance and Equipment Yard] [900, 000]
[Picnic Shelters] []
[1 Large] [135, 000]
[6 Medium] [364, 500]
[6 Small] [162, 000]
[Fields]
[3 Baseball Lighted] [693, 606]
[4 Softball Lighted] [924, 808]
[5 Football/Soccer Lighted] [1, 250, 000]
[Courts]
[6 Tennis-Lighted] [360, 000]
[Batting Cage] [315, 000]
[Aquatic Facility] [4, 500, 000]
[Parking, lighted] [3, 476, 400]
[Area/Security Lighting] [2, 160, 000]
[Utilities] [2, 166, 510]
[Roadway] [1, 560, 000]
[Sub-Total Facility Cost] [35, 943, 702]
[20% A&E, Design, Inspection] [7, 188, 740]
[12% Contingency] [4, 313, 244]
[1.5% Structures-Art] [176, 497]
[District Park Improvements] [47, 622, 185] [238, 110] [x .00054 =] [128.58]
[Single Purpose Park (Based on 15 Acres)]
[Clear and Grub (15 Ac)] [105, 544]
[Finish Fill and Contour Finish Grading (7 Ac @ $3500)] [33, 366]
[Sod w/topsoil (7 Ac)] [243, 936]
[Irrigation (7 Ac)] [69, 696]
[Pump House] [30, 000]
[Signage] [6, 000]
[Park Furniture] [15, 000]
[Access control] [59, 368]
[Walkways] [61, 500]
[Field Center] [423, 570]
[Practice Field Unit (2000 sq. ft. @ 150 sq. ft.] [150, 000]
[Soccer fields-3 Lighted] [810, 000]
[Parking, lighted] [315, 000]
[Utilities] [188, 736]
[Sub-Total Facility Cost] [3, 216, 281]
[20% A&E, Design, Inspection] [643, 256]
[12% Contingency] [385, 953]
[1.5% Structures-Art] [8, 606]
[Single Purpose Improvements] [4, 254, 097] [283, 606] [x .00027 =] [76.57]
[LOCAL PARK IMPROVEMENTS PER PERSON] [] [] [] [416.19]
These values are subject to annual adjustment pursuant to
Section 33H-4
<section prefix = (2)>
Determination of population density shall be in accordance with
</section>
Section 33H-6
(c), Table 1.
<section prefix = (3)>
The cost of local park improvement fees per person shall be the sum of (1) the cost
per acre for neighborhood park improvements multiplied by .00060, (2) the cost per
acre for community park improvements multiplied by .00060, (3) the cost per acre for
district park improvements multiplied by .00054 and (4) the cost per acre for single
purpose park improvements multiplied by .00027.
</section>
</section>
<section prefix = (c)>
Improvements to local public park land in lieu of improvement fee.
When the feepayer agrees to supply, build, or install park and recreation improvements
to a local park in lieu of or in combination with a monetary fee, the value of those
improvements may be credited up to one hundred (100) percent of the local park improvement
fee requirements. Such credit is based on a finding by the Director, that the improvements
are in the public interest based upon criteria below. The feepayer shall be subject
to the administrative, architectural and engineering (A&amp;E), design, and inspection
charges and procedures found in the manual.
<section prefix = (1)>
Improvements shall be located within the same park benefit district as the development
specified in
</section>
Section 33H-11
and the improvements shall conform to the park master plan in accordance with
Section 33-303
of the Miami-Dade County Code.
<section prefix = (2)>
Improvements by the feepayer are determined to accelerate an approved County park
development schedule and reduce the costs that the County would otherwise pay for
the improvements as specified in
</section>
Section 33H-11
<section prefix = (3)>
The improvements proposed shall be park facilities that will meet the needs of the
residents of the development as determined by the Director. Facilities other than
those listed as minimum required may be provided where there are local needs identified
in the leisure interest survey on file with the Department and where such improvements
are equal in value to the improvements listed in Table 3. The Director must approve
any and all proposed alternative facilities.
</section>
<section prefix = (4)>
A detailed site plan of the facilities shall be reviewed and approved by the Director,
and all improvements shall conform to Park and Recreation Department specifications.
</section>
<section prefix = (5)>
A one hundred ten (110) percent performance bond or letter of credit shall be posted
prior to the time of building permit issuance for all improvements in accordance with
procedures set forth in the manual. After the Department of Planning and Zoning receives
the bond or letters of credit and the feepayer has paid the computed A&amp;E, design,
inspection charges, and the administrative fee, the County may issue building permits
for that part of the proposed development for which the park improvement fee is determined
by the County to be satisfied by the improvements. Release of such bonds or letters
of credit for improvements shall not be issued by the Department of Planning and Zoning
until such contributed improvements have been completed and accepted by the Director.
</section>
<section prefix = (6)>
All improvements shall become the sole property of the County upon completion and
acceptance by the County.
</section>
<section prefix = (7)>
The time limit for completion and acceptance of said improvements to meet the requirements
as specified above shall be the earlier of: two (2) years from date of a written agreement
between the feepayer and the Director or prior to issuance of building permits for
more than fifty (50) percent of the dwelling units.
</section>
<section prefix = (8)>
Failure to comply with the requirements in
</section>
Section 33H-7
(c)(6) above will result in forfeiture of the bond and/or denial of future development
orders.
<section prefix = (9)>
If the Director accepts improvements with a cost in excess of the impact fee computed
herein, the feepayer, upon written request, shall be reimbursed without accrued interest
for the amount of the excess cost as said cost is determined by the Director pursuant
to
</section>
Section 33H-13
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-8. Fee computation by adopted schedule.<</catch_line>
<text>
<section prefix = (a)>
The feepayer shall pay a park impact fee amount based upon the impact fee schedule
per dwelling unit set forth below developed pursuant to the formula set forth in Sections
33H-6
and
33H-7
, together with impact fee administrative costs.
The following impact fee schedule shall be used by the Director in computing the park
impact fee:
IMPACT FEE SCHEDULE
[District] [Single Family Detached] [Single Family Attached] [Multi-Family]
[Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit] [Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit] [Park Open Space Fee/Unit] [Park Improve- ment Fee/Unit]
[1] [$1522] [$1403] [$1267] [$1207] [$839] [$878]
[2] [$707] [$1357] [$546] [$1140] [$378] [$916]
[3] [$525] [$1315] [$467] [$1224] [$254] [$886]
The open space values in the fee schedule have been reduced by a tax credit to account
for monies paid through ad valorem taxes toward capital expansion of local parks.
The administrative fee set forth in
Section 33H-8
(b) is in addition to the impact fees or credits issued.
These values are subject to annual adjustment pursuant to
Section 33H-4
</section>
<section prefix = (b)>
The cost per dwelling unit shall be the open space fee plus the improvement fee multiplied
by
to accommodate the general administrative charge of five (5) percent.
</section>
<section prefix = (c)>
In the case of development activity involving a change of use and/or magnitude of
use in which a residential building permit is required, the applicant shall be required
to pay the computed impact fee for any proposed residential development activity for
which the impact fee has not previously been paid. When any building permit expires
or is revoked after the effective date of this chapter and a fee has not previously
been paid under this chapter, the applicant shall be required to comply with the provisions
herein. No refunds will be given for proposed development activity resulting in a
negative fee calculation.
</section>
<section prefix = (d)>
No impact fee payment shall be required for any development activity when the total
calculated fee is less than fifty dollars ($50.00).
</section>
<section prefix = (e)>
If the type of dwelling unit within a proposed or current development is not specified
in the above impact fee schedule, the Director shall use the dwelling unit most nearly
comparable in computing the fee in accordance with the expanded list of land use categories
which is appended as Exhibit B and incorporated herein by reference.
</section>
<section prefix = (f)>
In determining existing residential development activity and the units of proposed
or existing development, the Director shall use the building permit and certificate
of use information contained in the building or zoning records of Miami-Dade County.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-9. Fee computation by independent study.<</catch_line>
<text>
<section prefix = (a)>
Notwithstanding other provisions of this chapter, the feepayer may elect, to use an
independent fee computation study. Such study shall calculate the fee pursuant to
the formula in Sections
33H-6
and
33H-7
</section>
<section prefix = (b)>
If the feepayer elects to use an independent fee computation study, the feepayer shall,
at his own expense, prepare and present to the Director a study that documents the
basis upon which the value of the following components were determined:
<section prefix = (1)>
Open space valuation for which a fee is to be paid.
</section>
<section prefix = (2)>
Number of dwelling units ascribed to the property.
</section>
<section prefix = (3)>
Number of persons ascribed to each dwelling unit.
</section>
The burden shall be upon the feepayer to provide the data, analysis and reports necessary
for the Director to make a determination. The analysis and report must be based on
the formula set forth in this chapter.
</section>
<section prefix = (c)>
The feepayer shall, at the time the independent fee computation study is submitted
to the Director, pay a nonrefundable independent study review administrative charge
to the Department of Planning and Zoning in the amount set forth in the Manual. The
administrative charge shall be used by the Department to process and review the independent
fee calculation study. The administrative charge shall not be credited against the
impact fee.
</section>
<section prefix = (d)>
If the feepayer elects to use an independent fee computation study, and the subject
of the study relates in whole or in part to the property valuation, the feepayer shall,
at his own expense and in accordance with the provisions of the Manual, retain a real
estate appraiser certified in accordance with Section 475.501, Florida Statutes to
prepare the valuation element of such a study. The documentation shall be in accordance
with procedures in the Manual. The appraiser shall use the land valuation assumptions
contained in this section. The valuation shall be predicated on the following:
<section prefix = (1)>
Land valuation assumptions:
</section>
Definition of value.
The most probable price in cash, terms equivalent to cash, or in other precisely
revealed terms, for which the appraised property will sell in a competitive market
with the buyer and seller each acting prudently, knowledgeably, and for self-interest,
and assuming that neither is under undue duress. Fundamental assumptions and conditions
presumed in this definition are:
Buyer and seller are motivated by self-interest.
Buyer and seller are well-informed and are acting prudently.
The property is exposed for a reasonable time on the open market.
Payment is made in cash, its equivalent, or in specified financing terms.
The price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
Assumptions.
For the purposes of this appraisal, the following shall be assumed:
The property is ready to be developed with building improvements and no funds would
have to be expended for site development work regulatory permitting or materials.
All utilities are in place and are at the perimeter of the site including roads, walks,
curbs, water lines, sewer lines, electric service lines, and telephone service lines.
The property is filled and compacted to comply with applicable building and zoning
codes and flood insurance laws and regulations. The fill and compaction are of sufficient
quality to accept the building improvements contemplated.
Items considered.
In the appraisal process, items to be considered include sales of finished lots (ready
to build); sales of completed homes and lots; sales of raw land; entrepreneur's remuneration;
and cost of land development work.
</section>
<section prefix = (e)>
Where the results of an independent fee computation study are at variance with: (1)
The County's determination of the park land value; (2) the Director's initial determination
of the number of dwelling units ascribed to this property; or (3) the Director's initial
determination of the number of persons ascribed to each dwelling unit, the Director
shall determine whether to accept all or part of the independent fee study. The Director's
decision shall be based upon:
<section prefix = (1)>
Whether it adheres to the impact fee formula set forth in Sections
</section>
33H-6
and
33H-7
<section prefix = (2)>
Whether the study was prepared by a qualified individual or entity as defined in the
Manual.
</section>
<section prefix = (3)>
Whether the independent fee computation study provides complete, thorough and accurate
information.
</section>
<section prefix = (4)>
In the case of a land value appraisal, whether the appraisal is in accordance with
</section>
Section 33H-9
(d).
<section prefix = (5)>
Whether the independent fee calculation study, in its entirety, is logical and reasonable.
</section>
</section>
<section prefix = (f)>
If the Director after considering the factors described in
Section 33H-9
</section>
<section prefix = (g)>
Any appeal from the Director's decision to reject a study shall be filed in accordance
with
Section 33H-16
</section>
<section prefix = (h)>
When the feepayer's study has been accepted in whole or in part the feepayer shall
pay the amount of the fee so computed and be entitled to a refund of any amount previously
paid in excess thereof.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No. 06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-10. Land suitability.<</catch_line>
<text>
Site characteristics. The location, configuration, size and/or other general factors
of the land proposed for dedication shall follow the guidelines in
Section 33H-10
<section prefix = (1)>
Size: The size of the parcel shall be expressed in net acres. The net acre calculation
shall exclude street right-of-way, existing and proposed easements, borrow pits, lakes,
other man-made and natural conditions which restrict or impede the intended use of
such areas for local park and recreation purposes. Five (5) net acres is the minimum
acceptable size for local parks. Smaller sites may only be accepted, at the sole discretion
of the Department, if:
</section>
they meet the provisions in
Section 33H-10
(7), "Traditional Neighborhood Development" (Section
33-284.46
, Miami-Dade County Code), or
the site may presently or in the future be combined with other public park properties,
or
the site is part of an "Urban Center District," or
the site will be maintained by other than County funding.
<section prefix = (2)>
Unity: The land to be dedicated shall form a single parcel except where two (2) or
more parcels would be in the public interest.
</section>
<section prefix = (3)>
Shape: The parcel shall be usable for recreational activities as identified in Table
2 and other active and passive leisure pursuits.
</section>
<section prefix = (4)>
Location: The parcel to be dedicated shall be located within the same park benefit
district and/or park service zone as the development.
</section>
<section prefix = (5)>
Access: Public access to the parcel to be dedicated shall be provided by improved
public street frontage.
</section>
<section prefix = (6)>
Usability: A dedicated parcel shall meet the following criteria:
</section>
The parcel is platted and ready to be developed so that no funds would be required
to be expended for site development.
All utilities are in place and are at the perimeter of the site and include roads,
walks, curbs, water lines, sewer lines, electric service lines, and telephone service
lines.
All utilities are of sufficient quality and quantity to adequately serve the site.
The parcel is filled and compacted to comply with all applicable subdivision codes,
building and zoning codes, and flood insurance laws and regulations. The fill and
compaction are of sufficient quality to accept the building improvements.
<section prefix = (7)>
Sensitive land: The Board of County Commissioners hereby finds that steep slopes,
canals, lakes, watercourses, beaches, golf courses, and wetlands shall not constitute
usable land for local recreation activities. However, credit may be given to designated
pine and hammock forested lands identified as "Natural Forest Community" in Ordinance
No. 89-8, designated sites identified as "Environmentally Endangered Lands" (EEL).
(Chapter
</section>
24A
of the Code of Metropolitan Miami-Dade County), and listed on the A or B Acquisition
Lists, and to sites with aesthetic or historic value where passive use, conservation,
and preservation objectives are consistent with neighborhood and community needs.
</section>
<section prefix = (a)>
Designated sites containing "Natural Forest Communities or EEL," may be considered
for up to a maximum of fifty (50) percent credit toward the park open space fee requirement.
In all instances, a minimum of fifty (50) percent of the total land dedication requirements
must be suitable for local park open space use.
</section>
<section prefix = (b)>
The balance of the park open space fee not receiving credit as specified above, shall
be paid by the applicant in accordance to the provisions of
Section 33H-6
herein.
</section>
<section prefix = (c)>
In cases of natural or historical sites which are exceptional or unique, areas less
than five (5) acres may be considered.
<section prefix = (8)>
Plans: County, regional and State plans shall be taken into consideration when evaluating
land dedication.
</section>
<section prefix = (9)>
The Director shall determine, based on specific review of each application, whether
the proposed site meets the requirements within this section. The Director's determination
shall be in writing and shall specify the reasons the site was approved or denied
credit. The Director's determination shall be made within thirty (30) days from the
date the request was received.
</section>
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-11. Impact fee benefit districts and trust accounts.<</catch_line>
<text>
<section prefix = (a)>
To insure that fees collected will benefit feepaying developments, all local park
open space fees and local park improvement fees paid in accordance with the provisions
of this chapter shall be deposited in the "Local Park Trust Fund," a combination of
interest bearing trust accounts for each park benefit district for local park open
space and local park improvements. The fund shall be established and maintained by
the County Finance Department with fees accountable by the Finance Division, Park
and Recreation Department.
</section>
<section prefix = (b)>
Park benefit districts shall correspond to the Miami-Dade County Park Benefit District
map indicating three (3) districts. These benefit districts are delineated in Exhibit
A and described in detail in Exhibit A.1 which attachments are incorporated herein
by reference and made a part hereof.
</section>
<section prefix = (c)>
All park impact fees collected by the Department of Planning and Zoning shall be promptly
deposited into the proper account in the local park trust fund. General administrative
charges collected by the Department of Planning and Zoning shall be directed to the
park impact fee administrative fund account for the purpose of paying the cost of
administering determinations of credits, contributions, suitability and this chapter.
</section>
<section prefix = (d)>
Architectural and engineering, design and inspection charges for public park improvements
shall be deposited into the Improvement Fee Account within the respective Park Benefit
District.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-12. Impact fee expenditures.<</catch_line>
<text>
<section prefix = (a)>
Except as otherwise provided herein, funds from the local park trust funds, including
any accrued interest, shall be limited to the financing of park acquisition, park
expansion, park improvements to real property, capital facilities (including start-up
equipement and technology), or for principal and interest payments (including sinking
fund payments) on bonds or other borrowed revenues. Such funds shall only be used
to mitigate the impact of and benefit new development within the respective park benefit
districts from which the fees are collected or for projects in other park benefit
districts which benefit the park benefit district from which the funds were collected.
Trust account funds may be used to purchase additional land from a feepayer where
such purchase is consistent with the purpose of this chapter or for excess improvement
costs approved in accordance with
Section 33H-7
(c)(8).
</section>
<section prefix = (b)>
Trust account funds shall be deemed expended in the order in which they are collected.
Policies to be used in scheduling the expenditure of local park trust funds shall
be set forth in the manual.
</section>
<section prefix = (c)>
If the Miami-Dade County standards for local parks have been met within the park benefit
district, the Board of County Commissioners following a public hearing, may authorize
the County Manager or his designee, to expend the funds for land acquisition or improvements
in an adjacent benefit district or within the prescribed park service zone. Said authorization
shall only be permitted upon a finding that the expenditure will mitigate the impacts
of and will benefit the residential development paying the fees in question.
</section>
<section prefix = (d)>
The County Manager shall periodically review this chapter and the park impact fee
manual and, if appropriate, make recommendations to the Board of County Commissioners
for revisions to this chapter and the park impact fee manual. The purpose of this
review is to ensure that the benefits to a fee paying development are equitable in
that the fee charged to the paying development shall not exceed a proportionate fair
share of the costs of mitigating park impacts of new developments, and that the procedures
for administering the impact fee shall remain efficient. Additionally, within one
hundred twenty (120) days from the date of the end of the fiscal year, the Office
of Capital Improvements shall submit to the County Manager a financial and management
report on the impact fee trust funds. No later than thirty (30) days after submission
of the report, the County Manager shall conduct a public meeting, for the purpose
of presenting the report and receiving public comment on the report as well as the
impact fee program. This meeting shall be advertised at least seven (7) days in advance
in a newspaper of general circulation. No later than thirty (30) days after the public
meeting, the County Manager shall schedule the report, which shall serve as the County's
Annual Impact Fee Report, for the Board of County Commissioner's consideration. The
County Manager shall provide a companion report to the Board advising of any County
Manager recommended impact fee program changes and detailing comments received from
the annual impact fee public meeting.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 06-13, 1,
1-24-06</history>
</text>
<catch_line>Sec. 33H-13. Refund of impact fees.<</catch_line>
<text>
<section prefix = (a)>
If a residential building permit encompassing feepaying development expires or is
revoked prior to final inspection, the feepayer shall be entitled to a refund without
interest of the impact fee minus seven and one-half (7) percent general administrative
fee. However, no refund shall be provided for impact fees deemed expended pursuant
to
Section 33H-12
(b) and (c) or for the cost of completed improvements contributed in-lieu-of-fee except
as provided in
Section 33H-7
(c) herein and as specified in the manual.
</section>
<section prefix = (b)>
Any impact fee trust funds not expended by the end of the fiscal quarter immediately
following six (6) years from the date the fee was paid shall be returned to the feepayer
by the Planning and Zoning Director with accrued interest. The feepayer shall be required
to submit a written request for refund to the Planning and Zoning Director before
issuance of the refund can be authorized. No refunds of park impact fees will be provided
for in the event the feepayer does not request such a refund prior to the expiration
of the end of the fiscal quarter immediately following the six-year period from the
date the park impact fee was paid. Developments of regional impact whose long term
buildout and whose development has been approved by the Board of County Commissioners
are exempt from this time frame.
</section>
<section prefix = (c)>
Fees shall be deemed expended for purposes of this chapter when any portion of the
payment of the fee, except for the general administrative portion of the fee, is encumbered
by contract or agreement by Miami-Dade County. The manual shall set forth a procedure
to be used for identifying the source of monies expended.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-14. Exemptions.<</catch_line>
<text>
<section prefix = (a)>
The following shall be exempted from payment of park impact fees:
<section prefix = (1)>
Alterations, expansion or replacement of existing dwelling unit(s) where no additional
dwelling units are created and no additional population is generated.
</section>
<section prefix = (2)>
The construction of accessory buildings or structures which will not create additional
dwelling units.
</section>
<section prefix = (3)>
The issuance of a tie-down permit on a mobile home on which applicable park impact
fee has previously been paid.
</section>
<section prefix = (4)>
The re-occupancy of a mobile home space on which applicable park impact fee has previously
been paid.
</section>
<section prefix = (5)>
The replacement of a dwelling unit(s) which replacement meets the requirements of
Section 104.3 (D), South Florida Building Code (replacement necessitated by partial
destruction).
</section>
</section>
<section prefix = (b)>
All development activity permitted by an existing development of regional impact development
order (D.O.) adopted pursuant to Chapter 380, Florida Statutes, approved prior to
the effective date of this chapter shall be exempt from this chapter unless otherwise
provided in the development order. This exemption provision does not apply to those
development orders which have been revoked or determined to be null and void or to
any development not authorized in such development order by Miami-Dade County. This
exemption shall not apply to any additional development regardless of whether or not
such additional development constitutes a substantial deviation pursuant to Chapter
380, Florida Statutes.
</section>
<section prefix = (c)>
The following developments shall be exempt from the requirement that impact fees be
paid, subject to an application by the feepayer to the Planning and Zoning Director
and a determination by the Planning and Zoning Director that the proposed development
activity is consistent with the CDMP that such residential development activity, or
portion thereof, which provides affordable housing as defined in the "Florida Affordable
Housing Act of 1986," Section 420.602(3)(a) (very low income) or (b) (low income),
Florida Statutes (1987) and amendments thereto.
</section>
<section prefix = (d)>
An exemption must be claimed by the feepayer prior to paying the impact fee. Any exemption
not so claimed shall be deemed to have been waived by feepayer. If an exemption is
sought pursuant to
Section 33H-14
(c), impact fees shall be paid prior to the issuance of the building permit. However,
the feepayer shall be entitled to a refund pursuant to this chapter upon submitting
a formal application for a refund to and receiving approval from the Planning and
Zoning Director, in accordance with the provisions of the manual. Application for
a refund under this section shall be made within one (1) year of the later of: (1)
the effective date of this ordinance or (2) the issuance of a certificate of completion
or a certificate of use for the building. Failure to apply for a refund by the feepayer,
within the above referred one-year period shall invalidate the right for a refund
under this section. Notwithstanding the aforesaid, if an exemption is sought pursuant
to
Section 33H-14
(c), community development corporations (CDC) as defined in Section 290.033(2) and
community-based organizations (CBO) as defined in Section 420.602(5), Florida Statutes
(1991) that have received assistance from Metropolitan Miami-Dade County or the State
of Florida in funding predevelopment costs to provide affordable housing to low and
very low income families shall have the option of executing a covenant running with
the land, in a form approved by the Planning and Zoning Director, in lieu of payment
of impact fees prior to the issuance of the building permit, in accordance with the
provisions of the manual. Joint ventures of either a CDC or a CBO with a for-profit
developer, whose proposed affordable housing development has been approved by the
Miami-Dade County Office of Community Development, shall also have the right to execute
the aforesaid covenant.
</section>
<section prefix = (e)>
An exemption must be claimed by the feepayer at the time of the application for a
building permit. Any exemption not so claimed shall be deemed to have been waived
by the feepayer.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-153, 4, 12-15-92; Ord. No. 94-184,
1, 9-22-94; Ord. No. 95-215, 1, 12-5-95; Ord. No. 98-125, 28, 9-3-98; Ord. No.
06-13, 1, 1-24-06</history>
</text>
<catch_line>Sec. 33H-15. Credits.<</catch_line>
<text>
<section prefix = (a)>
Credits for Local Park Open Space Fee.
<section prefix = (1)>
Credit for past open space.
</section>
Credit for up to one hundred (100) percent of the Local Park Open Space Fee shall
be given by the Director for dedication of land for a local park, fee-in-lieu of land
dedication, or contributions of improvements at a local park in-lieu-of open space
that were voluntarily proffered or required under a County development order issued
for a development of regional impact or under other final county action approved prior
to the date of implementation (June 29, 1990) of this chapter. Any claim for credit
pursuant to this
Section 33H-15
(a) shall follow the crediting procedures for issuance of credits provided therein.
A credit shall only be considered against the Park Open Space Fee for those properties
encompassed by the previous development order.
<section prefix = (2)>
Any feepayer claiming such credit shall file a credit application and present documentation
to be considered by the Director in determining the amount of credit to be given toward
the local park open space fee. Such determination shall be subject to administrative
charges specified below and procedures set forth in the manual. No refunds shall be
made under this provision of this section. Any appeal from such a determination by
the Director shall be reviewed by the Developmental Impact Committee Executive Council
pursuant to the procedures set forth in the adopted manual.
</section>
<section prefix = (3)>
Where a feepayer seeks to apply a credit against payment of the park impact fee, the
administrative fee portion of the impact fee shall be the sum of: (a) seven and one-half
(7) percent of the credit or one thousand dollars ($1,000.00) whichever is less and
(b) seven and one-half (7) percent of the remaining net park cost not satisfied by
the credit.
</section>
<section prefix = (4)>
Previously approved park impact fee credits which are: (1) unused and (2) based on
a net park cost which has been subsequently adjusted, shall be entitled to an adjustment
equal to the percentage increase or decrease of the net park cost in the park impact
fee formula. Any such adjustment shall only be utilized to offset park impact fees
and shall not be refundable.
</section>
</section>
<section prefix = (b)>
Credit for Future Local Park Dedications.
<section prefix = (1)>
When the feepayer agrees to dedicate land for a local park in accordance with Sections
4.B and 6, a credit for up to the full amount of the open space fee may be given by
the Director on an acre per acre basis.
</section>
<section prefix = (2)>
Where a feepayer seeks to apply a contribution in-lieu-of fee credit against payment
of the park impact fee, the administrative fee portion of the impact fee shall be
the sum of: (a) seven and one-half (7) percent of the contribution in-lieu-of fee
or one thousand dollars ($1,000.00) whichever is less and (b) seven and one-half (7)
percent of the remaining net park cost not satisfied by the contribution in-lieu-of-fee.
The administrative fee, A&amp;E, design and inspection charges must be paid prior to the
time of the building permit issuance.
</section>
</section>
<section prefix = (c)>
Credit for Local Park Improvements.
<section prefix = (1)>
A credit for past local park improvements may be given. Where park improvements were
voluntarily constructed within a local park, a credit may be given for up to one hundred
(100) percent of the park improvement fee in accordance with the provisions of this
section.
</section>
<section prefix = (2)>
A credit for future local park improvements may be given. Where the feepayer agrees
to supply, build or install park and recreation improvements within a local park site
pursuant to
</section>
Section 33H-7
(c), a credit may be given in the amount of such facilities agreed to be provided,
up to one hundred (100) percent of the park improvement fee. Credits for improvements
shall be created when the construction of the park improvement are completed and accepted
by the Department for maintenance.
<section prefix = (3)>
Credits for the local park improvement fee shall not exceed those improvement costs
shown in Table 2 herein.
</section>
<section prefix = (4)>
Where a feepayer seeks to apply a fee credit against payment of the park impact fee,
the administrative fee portion of the impact fee shall be the sum of: (a) seven and
one-half (7) percent of the credit or one thousand dollars ($1,000.00) whichever
is less and (b) seven and one-half (7) percent of the remaining net park cost not
satisfied by the contribution. The administrative fee must be paid prior to the time
of the building permit issuance.
</section>
<section prefix = (5)>
Previously approved credits for local park improvements which are: (1) unused and
(2) based on a prior park cost which has been subsequently adjusted, shall be entitled
to an adjustment equal to the percentage increase or decrease of the net improvement
cost in the park impact fee formula. Any such adjustment shall only be utilized to
offset park impact fees and shall not be refundable.
</section>
<section prefix = (6)>
Credits shall not be given for the administrative fee portion of the impact fee which
remains the responsibility of the feepayer and must be paid prior to the time the
building permit is issued.
</section>
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 92-83, 1, 2, 7-21-92; Ord. No. 94-184,
1, 9-22-94</history>
</text>
<catch_line>Sec. 33H-16. Appeals of administrative decisions.<</catch_line>
<text>
<section prefix = (a)>
Except as otherwise provided in this chapter, the decisions of the Parks and Recreation
Director or of the Planning and Zoning Director, may be appealed by the feepayer to
the County Developmental Impact Committee Executive Council. Appeals of the decisions
of the Executive Council shall be to the Board of County Commissioners in accordance
with procedures specified in
Section 33-314
, Miami-Dade County Code.
</section>
<section prefix = (b)>
If a feepayer wishes to appeal, the feepayer shall first file a notice of administrative
appeal on the form specified in Section XVIII of the manual, with the Development
Impact Committee Coordinator. All appeals shall be filed within thirty (30) days after
the earlier of: (a) issuance of a written decision by the Parks and Recreation Director
or by the Planning and Zoning Director; or (b) the Planning and Zoning Director's
acceptance of payment of the park impact fee. The feepayer shall, when filing an appeal,
submit a letter which provides a full explanation of the request, the reason for the
appeal, and all supporting documentation.
</section>
<section prefix = (c)>
The Development Impact Committee Coordinator shall schedule the appeal before the
Development Impact Committee Executive Council as soon as practically possible. The
Development Impact Committee Executive Council shall vote to affirm, reject or revise
the decision of the Parks and Recreation Director or of the Planning and Zoning Director.
The written decision of the Council shall be mailed certified mail, return receipt
requested. Any appeal to the Board of County Commissioners shall be filed within thirty
(30) days from the date of receipt of the Council's written decision.
<history>(Ord. No. 90-59, 2, 6-19-90; Ord. No. 94-184, 1, 9-22-94; Ord. No. 95-215, 1,
12-5-95; Ord. No. 98-125, 28, 9-3-98</history>
</text>
<catch_line>Sec. 33H-17. Vested rights.<</catch_line>
<text>
Nothing in this chapter shall limit or modify the rights of any person to complete
any development for which a lawful building permit was issued prior to the effective
date of this chapter and on which there has been a good faith reliance and a substantial
change of position.
<history>(Ord. No. 90-59, 2, 6-19-90)</history>
</text>
</law>
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