§ 33E-5. Definitions.

The words and terms listed below are hereby defined for the purpose of this chapter:

(1)

Adjusted gross income means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the County Planning and Zoning Director, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code.

(2)

Affordable Housing, pursuant to the Florida Housing Planning and Community Assistance Act (Chapter 420, Part VI, Florida Statutes) and for the purpose of eligibility for a road impact fee exemption shall mean:

a.

With respect to a housing unit to be occupied by very-low-income persons, that monthly rents, or monthly mortgage payments including property taxes and insurance, do not exceed 30 percent of that amount which represents 50 percent of the median annual income for households within Miami-Dade County, divided by 12.

b.

With respect to a housing unit to be occupied by low-income persons, that monthly rents, or monthly mortgage payments including taxes and insurance, do not exceed 30 percent of that amount which represents 80 percent of the median annual income for households within Miami-Dade County, divided by 12.

(3)

Arterial roadway means a roadway intended to serve moderate to large traffic volumes traveling relatively long distances. These facilities are characterized by long trip lengths and high speeds and volumes.

(4)

Building permit shall mean an official document or certificate issued by the Building Official authorizing the construction, alteration or installation of any building, structure or any part thereof. The building permit application plans shall bear the impress seal and signature of a licensed architect or registered professional engineer and indicate the use and occupancy of all parts of the building or structure.

(5)

Collector roadway means a roadway which is intended to serve as the connecting link for local streets and to provide intraneighborhood transportation. These facilities are characterized by relatively short trip lengths and moderate speeds and volumes.

(6)

County Mayor means the Mayor of Miami-Dade County or his designee.

(7)

County Public Works Director means the Director of the Miami-Dade County Department of Transportation and Public Works or successor department, or the Director's designee.

(8)

County Planning and Zoning Director or Zoning Director means the Director of the Miami-Dade County Department of Regulatory and Economic Resources or successor department, or the Director's designee.

(9)

Development activity, development or activity means any activity for which a building permit is required pursuant to the South Florida Building Code and/or any applicable County or municipal ordinance.

(10)

Existing development means the lawful land use physically existing at any time during the period from December 6, 1988 through June 4, 1989 and any development or additional development for which the landowner holds a valid building permit as of June 4, 1989. Existing development shall also include the maximum level of development activity for which a previous impact fee was paid under the provisions of this chapter. As used in this chapter, the term "lawful land use" shall not include a land use which has been established or maintained in violation of this chapter or applicable municipal codes.

(11)

Feepayer means a person intending to commence a proposed development for which an impact fee computation is required, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in-lieu-of-fee pursuant to this chapter.

(12)

Level of service is the qualitative measure of traffic service provided by a road under a particular volume condition as described in the current edition of the Highway Capacity Manual, Special Report 209, published by the nonprofit Transportation Research Board of the National Research Council serving the National Academy of Engineering.

(13)

Local street means a roadway which has the primary function to serve adjacent property by providing the initial access to the highway network. These facilities are characterized by short trip lengths, low speeds, and small traffic volumes.

(14)

Long range transportation plan means the adopted Miami-Dade Transportation Plan or successor document adopted by the Miami-Dade County Metropolitan Planning Organization.

(15)

Low-income persons means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual income for households within Miami-Dade County.

(16)

Median Annual Income For Households Within Miami-Dade County is equivalent to Median Family Income (MFI) for Miami-Dade County as determined for the current fiscal year by the U.S. Department of Housing and Urban Development.

(17)

Miami-Dade County Metropolitan Planning Organization or MPO means the local government entity designated by the Governor, pursuant to Section 339.175, Florida Statutes, for the management of transportation planning process in Miami-Dade County.

(18)

Miami-Dade Road Impact Fee Manual or impact fee manual or the manual means the document adopted by resolution of the Board of County Commissioners which contains information, sets forth procedures and implements policies essential to the administration of the road impact fee pursuant to this chapter.

(19)

Off-site roadway improvement or off-site improvement means any arterial and collector roadway improvement located outside of the boundaries of a parcel proposed for development or platted subdivision parcel excluding those improvements required to be dedicated or improved pursuant to the subdivision or zoning regulations. This definition also includes roadway improvements, including right-of-way dedication, which are located beyond those zoned right-of-way limits specified in Section 33-133, Miami-Dade County Code.

(20)

Road impact fee, fee, or impact fee means the proportionate share charge required to be paid in accordance with this chapter.

(21)

Road impact fee schedule or impact fee schedule means the table of impact fee per unit of development used by the Public Works Director in computing the roadway impact fee pursuant to Section 33E-8 of this chapter.

(22)

Roadway capacity improvement or roadway improvement means any roadway element or select transit capital improvement which will serve to enhance the vehicular movement or increase the vehicular volume in any corridor. The following roadway elements shall be considered as roadway capacity improvements:

a.

Thru lanes;

b.

Turn lanes;

c.

Bridges;

d.

Drainage facilities that serve to enhance vehicular movement or volume;

e.

Traffic signalization;

f.

Sidewalks or bike facilities that serve to enhance vehicular movement or volume;

g.

Resurfacing of existing roadways including planning and removal of existing paved surfaces where such improvements will enhance the roadway capacity and service level;

h.

Select Transit Capital Improvements; and

i.

Other structural improvements shown by specific studies to enhance roadway capacity.

In addition, the following roadway elements shall also be considered roadway capacity improvements when undertaken as components of a complete roadway project:

a.

Curbs, medians, shoulders, striping, and traffic signage;

b.

Utility relocation; and

c.

Sodding and tree planting.

Furthermore, the following activities: preliminary engineering, design studies, land surveys, engineering design, right-of-way acquisition, and permitting, shall also be construed as roadway capacity improvements when associated with the construction of any of the aforementioned roadway elements.

Expenditures for all such improvements shall be in accordance with Section 33E-12 and implementing provisions of the Road Impact Fee Manual.

(23)

Select Transit Capital Improvement means a specific transit capital project that has been determined by the Board of County Commissioners to be of strategic value in providing roadway capacity pursuant to Section 33E-12(d).

(24)

Short range transportation improvement program means the five-year roadway program adopted annually by the Miami-Dade County Metropolitan Planning Organization as amended from time to time.

(25)

Student means any person not living with his or her parent or guardian who is eligible to be claimed by his or her parent or guardian as a dependent under the federal income tax code and who is enrolled on at least a half-time basis in a secondary school, career center, community college, college or university.

(26)

Total Trips means total outbound trips. (Outbound trips are attributed to the proposed development. Return trips are attributed to the destination.)

(27)

Unit(s) of development means a quantifiable increment of development activity dimensioned in terms of dwelling units, one thousand (1,000) square feet of floor area, hotel/motel rooms, parking spaces, students or other appropriate measurements contained in the impact fee schedule or in the current edition of "Trip Generation, an Informational Study" published by the Institute of Traffic Engineers.

(28)

Urban Infill Area or UIA pursuant to the adopted Comprehensive Development Plan means that part of Miami-Dade County located east of, and including S.R. 826 (Palmetto Expressway) and NW/SW 77 Avenue and, excluding the area north of and west of I-95, and the City of Islandia.

(29)

Very-low-income persons means one or more natural persons or a family, not including students as defined herein, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual income for households within Miami-Dade County.

(Ord. No. 88-112, § 1(5), 12-6-88; Ord. No. 89-53, § 1, 6-6-89; 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. 00-76, § 1, 6-6-00; Ord. No. 08-135, § 2, 12-2-08; Ord. No. 09-08, § 2, 1-22-09; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 15-133, § 1, 11-17-15; Ord. No. 16-120, § 1, 11-1-16)