§ 20-28.1. Areas and Facilities of Countywide Significance.

(a)

Definition. "Areas and Facilities of Countywide Significance" consist of any private or public lands, including surface, subsurface, and appurtenant airspace and improvements thereupon, located in unincorporated Miami-Dade County as of the date of this ordinance that are deemed necessary by the Board of County Commissioners for the coordinated use of lands, development and service delivery within the County to promote the health, safety, order, convenience, prosperity, and welfare of the current and future residents and tourists of this County.

(b)

Designation. The Board of County Commissioners hereby designates each of the following lands listed on Exhibit A, as an "Area or Facility of Countywide Significance". Any future designation of lands as an Area or Facility of Countywide Significance may be made by resolution of the Board of County Commissioners, upon a finding that:

1)

The area or facility is susceptible to substantial change and development that will detrimentally affect the facility or land;

2)

There is a need for the continued, unimpaired functioning of the area or facility by the greater community and;

3)

The service provided at or by the area or facility, or at a combination of areas or facilities, is a significant resource to the greater community.

If the Board of County Commissioners determines that an area or facility no longer meets the definition of an "Area or Facility of Countywide Significance" as defined herein, the Commission, by resolution, may relinquish regulatory control to the municipality in which such area or facilities are located.

(c)

Regulatory Jurisdiction Over Areas or Facilities of Countywide Significance Reserved to the County. Jurisdiction for purposes of comprehensive planning, zoning and building and other development approvals (including but not limited to land use, site plan approvals, issuance of building permits, building inspections, issuance of certificates of occupancy, zoning applications, special exceptions, variances, building or zoning moratoria, and all other types of functions typically performed by the departments responsible for building, planning and/or zoning), water and sewer installations, compliance with environmental regulations, and utility regulation shall be and are hereby vested in Miami-Dade County regardless of any municipal code, charter, or ordinance provision to the contrary. If an "Area or Facility of Countywide Significance" is located in an area which is sought to be annexed to a municipality or incorporated, the County shall not transfer operation, maintenance, or regulatory jurisdiction of such Area or Facility to a municipality, unless expressly permitted herein.

(d)

Applicability. The requirements of this ordinance apply to municipalities created after the effective date of this ordinance.

(e)

Condition of Incorporation. The provisions of this section shall be considered a condition of incorporation for any area incorporated after the effective date of this ordinance and shall be included in the municipal charter of such area.

(Ord. No. 05-141, § 3, 7-7-05)

Editor's note

Ord. No. 05-141, § 3, adopted July 7, 2005, amended the Code with the addition of a new § 20-28. In order to avoid the duplication of section numbers, the provisions of said ordinance have been included herein as § 20-28.1 at the discretion of the editor.