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

  § 33E-12. Impact fee expenditures.  

Latest version.

  • (a)

    Funds from the roadway trust funds, including any accrued interest, shall be used only in accordance with Section 33E-11 for the purpose of financing roadway and select transit capacity improvements incorporated into the Miami-Dade County Transportation Planning Organization's adopted long range transportation plan or short range transportation improvement program.

    (b)

    Highest priority for roadway trust fund expenditures shall be for roadway and select transit capacity improvements deemed by the Miami-Dade County Transportation Planning Organization (TPO) as most needed to serve new development.

    (1)

    Recommendation from Public Works Director. Such determination by the TPO shall consider recommendation from the County Public Works Director. In preparation for said recommendation to the TPO, the Director shall solicit and consider recommendations from the various municipalities located in Miami-Dade County. The Director's recommendation is not limited to only County or State designated roadways, but may include municipal roads and select transit capital improvements pursuant to subsection 33E-12(d).

    (2)

    Expenditure on local roads. Funds may be allocated or expended for capacity enhancement projects on local roads where the TPO, after recommendation from the Director, determines that the local road project will enhance the capacity of a County arterial or collector roadway or a municipal collector roadway.

    (3)

    Trust account funds shall be deemed expended in the order in which they are collected.

    (4)

    The County Public Works Director may establish policies to be used in scheduling the expenditure of roadway trust funds through the long range transportation plan and short range transportation improvement program.

    (5)

    The County may construct or provide any of the roadway improvement elements listed above or alternatively may contract with a municipality to construct or provide such elements with roadway trust funds.

    (c)

    Roadway trust funds may be expended on roadway and select transit capacity improvements to the State road network within a benefit district provided that there must be vehicular access to the subject State road from within the benefit district. No roadway trust fund moneys shall be expended on limited access roads unless such expenditures are reimbursable. Where reimbursable by the State, payments shall be made pursuant to an interlocal agreement between the State and County entered into pursuant to Section 163.01 Florida Statutes. Reimbursements shall be deposited into the appropriate benefit district trust account.

    (d)

    Roadway trust funds from one or more impact fee districts may be expended on select transit capital improvements provided that the Board of County Commissioners, after recommendation from the Mayor in consultation with the Public Works Director and after public hearing, determines that any such transit use of roadway trust funds would be effective as part of the county's strategy for providing roadway capacity and would provide a benefit to each of the impact fee districts contributing roadway trust funds to the transit improvement. Transit projects are to be selected for roadway trust fund funding on the basis of their expected effectiveness as roadway capacity improvements, and roadway trust funds shall not be used to address existing deficiencies.

    (e)

    Each year the County Public Works Director shall present to the Transportation Planning Organization pursuant to the Organization's procedures for their review and approval, the annual program for expenditure of roadway trust funds for roadway and select transit capacity improvements projects, to be included within the Transportation Improvements Program. After solicitation and consideration of comment from municipalities, the Public Works Director shall also recommend priorities for the expenditure of roadway trust fund monies. Trust fund monies, including any accrued interest not assigned in any fiscal year, shall be retained in the trust fund until the next fiscal year, except as provided by the refund provisions of this chapter pursuant to Section 33E-13.

(Ord. No. 88-112, § 1(12), 12-6-88; Ord. No. 89-47, § 1, 5-23-89; Ord. No. 89-53, § 1, 6-6-89; Ord. No. 89-130, § 1, 12-19-89; Ord. No. 00-76, § 1, 6-6-00; Ord. No. 08-135, § 3, 12-2-08; Ord. No. 14-122, § 3, 12-2-14; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 15-133, § 2, 11-17-15; Ord. No. 17-34, § 1, 6-6-17)