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

  § 33E-13. Refund of impact fees paid.  

Latest version.

  • (a)

    If a building permit encompassing feepaying development expires or is revoked, if an error in the impact fee calculation is discovered, or if the feepayer has paid impact fees in excess of the amount determined by an approved independent fee computation study completed in accordance with conditions set forth in this chapter, then the feepayer shall, upon submission of a written request to the County Planning and Zoning Director on a form acceptable to the Director, be entitled to a refund of the impact fee paid, or the appropriate portion thereof, except that the county shall retain the general administrative cost portion of the fee and any applicable convenience fees to cover the cost of the administration of the impact fee calculation, collection and refund. However, except for refunds of fees paid in excess of the amount determined by an approved independent fee computation study as provided herein, no refund shall be provided for impact fees deemed expended pursuant to Section 33E-13(b).

    (b)

    Any 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 County Planning and Zoning Director with accrued interest. Funds shall be expended in the order in which they are collected and shall be deemed expended for purposes of this chapter when a road contract or agreement obligating all or a portion of the payment of said funds shall be approved by Miami-Dade County. The feepayer shall be required to submit a written request for refund to the County Planning and Zoning Director before issuance of the refund can be authorized. No refunds of road impact fees will be provided for in the event the feepayer does not request such a refund prior to the expiration of one (1) year following the six-year period from the date the road impact fee was paid.

    (c)

    The feepayer may request a refund of road impact fees paid for a development that has been exempted pursuant to Section 33E-14, in accordance with the provisions set forth therein. The amount of the exemption refund shall exclude the administrative cost portion of the fee and any applicable convenience fees.

(Ord. No. 88-112, § 1(13), 12-6-88; Ord. No. 90-60, § 1, 6-19-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 26, 9-3-98; Ord. No. 09-08, § 10, 1-22-09; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 16-120, § 1, 11-1-16)