§ 33E-18. Road Impact Fee Deferral For Certain Land Use Types.

(A)

Notwithstanding anything in the Code to the contrary, (i) an applicant for a building permit requiring payment of a road impact fee that exceeds $25,000.00 may request a deferral of road impact fee payment for one-half of the assessed road impact fee for a period of up to 3 years, or (ii) an applicant for a building permit for workforce housing units provided in accordance with Chapter 33, Article XIIA of this Code may request a deferral of 90 percent of the road impact fees assessed for those units for a period of up to two years, subject to the following terms, conditions, requirements and limitations:

(1)

The deferral program shall not be used to defer road impact for uses under Section 33E-8 for ITE Land Use Types that are categorized as Residential, Recreational or Institutional according to Tables 100 & 100A; except for workforce housing units as provided herein.

(2)

As condition of deferral of road impact fees pursuant to this section, the owner of the property that is subject to the road impact fee shall execute a voluntary lien securing payment of the deferred portion of the road impact fee on a form provided by the County Public Works Director and filed in the Public Records of Miami-Dade County.

(3)

A notice that said voluntary lien has been satisfied shall be promptly filed in the Public Records by Miami-Dade County upon final payment of all outstanding road impact fees including associated administrative fees and penalties, if any that may be owed in connection with the road impact fee.

(4)

The total amount of the road impact fee owed shall be assessed at the time the building permit is issued.

(5)

Prior to issuance of the building permit, the applicant shall pay (i) the sum of one-half (½) of the total road impact fee assessed against the property or, for workforce housing units, the sum of 10 percent of the road impact fees assessed for those units ("initial payment"), plus (ii) the total administrative fee for the assessed road impact fee, plus (iii) the total administrative fee for deferral as provided under this section.

(6)

An administrative fee of $100.00 or 2 percent of the deferred portion of the road impact fee (4 percent for workforce housing units), whichever amount is greater, shall be charged in connection with the application for deferred payment of road impact fees under this section.

(7)

No deferral amount under this section, except for amounts assessed for workforce housing units, shall exceed $25,000.00 for a single application.

(8)

The schedule of payment for the deferred portion of the road impact fee shall be set as follows:

a.

No schedule authorized under this section may exceed 3 years, except that the deferral period for workforce housing units shall be a maximum of 2 years; and

b.

The payment schedule shall provide for collection of a minimum of one-third of the deferred amount for each year, except that no interim payment for workforce housing units shall be required; and

c.

All road impact fees deferred pursuant to this section shall become immediately due upon a sale, conveyance or other transfer of title of the property that is the subject of the road impact fee.

(9)

No interest shall be charged against road impact fees deferred under this section, provided that they are paid on time in accordance with the payment schedule. It is provided, however, that payments made later than 30 calendar days from the date that payment of the impact fee installment is due shall be charged interest at the rate of 12 percent per annum simple interest, accruing from the date of the initial payment up to the date of the late payment, plus cost of collection established by implementing order of the Board of County Commissioners.

(10)

The County Public Works Director: is authorized to foreclose on the lien for any deferred impact fees, including any accrued interest, that remain unpaid for more than 180 calendar days beyond the date when deferred impact fees are due; and may assess reasonable fees associated with the foreclosure of the lien and collection of the road impact fee payment, including reasonable attorney's fees and court costs.

(B)

The County Planning and Zoning Director shall provide an annual report on the status of this program to the Board of County Commissioners.

(C)

The maximum total amount of road impact funds that may be deferred pursuant to this program is $1,000,000.00, whereupon this program shall not be available to defer impact fees until such time as the total deferred amount has been reduced by payment of impact fees below the maximum set forth herein. It is provided, however, that this limitation shall not apply to: (i) road impact fees assessed for development of workforce housing units provided in accordance with Chapter 33, Article XIIA of this Code; or (ii) deferred impact fees that are secured by a bond or letter of credit pursuant to Section 33E-6.1(g).

(Ord. No. 14-53, § 1, 6-3-14; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 16-138, § 4, 12-20-16)