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

  § 33E-6.1. Payment of road impact fees.  

Latest version.

  • (a)

    The feepayer shall pay a road impact fee amount based on the formula set forth in Section 33E-7.

    (b)

    Payment shall be made in a form acceptable to the Zoning Director. The Director may charge a nonrefundable convenience fee to cover any transactional costs imposed by the institution processing the form of payment. Notwithstanding any other provision to the contrary, payment amount due shall be based on the fee in effect on the date the plans filed with a building permit application are submitted to Miami-Dade County for impact fee assessment.

    (c)

    No building permit shall be issued by the county or any municipality therein until payment for the road impact fee has been received or a bond accepted pursuant to subsection 33E-6.1(g). The total road impact fee shall be paid prior to issuance of a certificate of completion, temporary certificate of use and occupancy or certificate of use and occupancy for any part of construction authorized by the building permit.

    (d)

    Upon receiving notice that a payment proffered for an impact fee is invalid due to insufficient funds, improper execution or for any other reason, the appropriate county or city building department shall have the authority to stop all construction authorized by the permit until payment in full is received. Payment in full shall include the amount owed for the road impact fee plus any penalty amount charged by a bank against the county as a result said invalid payment, plus, pursuant to Section 68.065 Florida Statutes, a service fee of ten dollars ($10.00) or five (5) percent of the face amount of the invalid payment, which ever is greater.

    (e)

    If the amount of the impact fee paid is found to have been insufficient for any reason, the appropriate County or city building department shall have the authority to stop all construction authorized by the permit until payment in full is received.

    (f)

    The County shall have the authority to lien real property for which a Final Certificate of Use (C.U.) or Final Certificate of Occupancy (C.O.) has been issued but for which the correct required road impact fee has not been paid in full. Such lien must be filed within three years from the date of issuance of the C.U. or C.O. The County may charge a collection fee above the value of the impact fee being collected to cover the cost of collection of unpaid impact fees.

    (g)

    Deferral of fees. Road impact fees exceeding $25,000.00, and road impact fees assessed for development of workforce housing units provided in accordance with Chapter 33, Article XIIA of this Code, may be deferred in accordance with Section 33E-18 of this article, provided that the feepayer submits either a surety performance bond (the bond) or an automatically renewable, irrevocable letter of credit (the bond), for the total amount of the impact fee. Upon acceptance of the bond by the County Planning and Zoning Director the building permit may be issued.

    (h)

    All developments subject to road impact fees paid on or after April 22, 2009, but prior to April 22, 2010, shall be obligated to pay thirty (30) percent of the fee as computed herein. All developments subject to road impact fees paid on or after April 22, 2010, but prior to April 22, 2013, shall be obligated to pay fifty (50) percent of the fee as computed herein. All developments subject to road impact fees paid on or after April 22, 2013, but prior to April 22, 2014, shall be obligated to pay sixty-five (65) percent of the fee as computed herein. All developments subject to road impact fees paid on or after April 22, 2014, but prior to April 22, 2015, shall be obligated to pay eighty (80) percent of the fee as computed herein. All developments subject to road impact fees paid on or after April 22, 2015, but prior to January 1, 2016 shall be obligated to pay ninety (90) percent of the fee as computed herein. All developments subject to road impact fees paid on or after January 1, 2016, shall be obligated to pay one hundred (100) percent of the fee as computed herein. This subsection shall expire on January 1, 2016.

    (i)

    Any development subject to road impact fees for which a plat has been filed in the public records prior to January 1, 2009, and for which road impact fees are paid prior to January 1, 2011, shall be charged for road impact fees in accordance with the Fee Schedule in effect for the year 2008. A copy of the 2008 Table 100 and 2008 Table 100A Fee Schedules shall be included in the road impact fee manual until the date of expiration of this provision. This subsection shall expire on January 1, 2011.

(Ord. No. 09-08, § 3, 1-22-09; Ord. No. 11-31, § 1, 5-17-11; Ord. No. 12-19, § 1, 3-20-12; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 16-138, § 3, 12-20-16)