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 Miami - Dade County
 Code of Ordinances
 Chapter 33E. ROAD IMPACT FEE ORDINANCE

  § 33E-11. Impact fee benefit districts and trust accounts.  

Latest version.

  • (a)

    To insure that fee-funded roadway improvements will benefit impact fee paying development, all collected impact fees shall be spent only for off-site roadway improvements or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to fund such improvements, within the road impact fee benefit district described in Section 33E-11.1 in which the fee paying development is located, or within three (3) miles of the border of the benefit district upon prior determination by resolution of the Board of County Commissioners, that the project benefits the Impact Fee District where the funds were collected. The full width of the right-of-way of the roadways that form a border of a benefit district shall be considered to be within the district.

    (b)

    A separate interest bearing roadway trust account shall be established for each benefit district and all impact fees collected by the County Planning and Zoning Director shall be promptly deposited into the proper trust account, except for general administrative costs paid pursuant to Sections 33E-9 and 33E-12, which shall be directed to County operating fund accounts. Impact fees collected by municipalities pursuant to this chapter shall be transmitted to the County Planning and Zoning Director at the end of each fiscal quarter except for the portion of the general administrative cost designated for retention by the municipality.

    (c)

    Periodic Review and Reports.

    (1)

    The County Mayor shall periodically review this chapter and, if appropriate, make recommendations to the Board of County Commissioners for revisions to this chapter. 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 impacts of new developments, and that the procedures for administering the impact fee shall remain efficient.

    (2)

    A financial and management report outlining expenditures and unexpended funds within each impact fee benefit district shall be prepared annually by the County Public Works Director and submitted to the County Mayor within 120 days of the end of the County's fiscal year. Within 30 days of receipt, the County Mayor or Mayor's designee shall place the report on an agenda for consideration by the Board of County Commissioners.

    (3)

    The County Mayor or Mayor's designee shall prepare a quarterly report providing information regarding impact fee collections within each commission district and place the quarterly report on an agenda for consideration by the Board of County Commissioners.

(Ord. No. 88-112, § 1(11), 12-6-88; Ord. No. 89-130, § 1, 12-19-89; Ord. No. 94-134, § 1, 6-21-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 26, 9-3-98; Ord. No. 99-98, § 1, 9-9-99; Ord. No. 02-257, § 1, 12-3-02; Ord. No. 09-08, § 8, 1-22-09; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 17-04, § 1, 1-24-17)