§ 33H-12. Impact fee expenditures and periodic review and reports.  

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  • (a)

    Except as otherwise provided herein, funds from the local park trust funds, including any accrued interest, shall be limited to the financing of park acquisition, park expansion, park improvements to real property, capital facilities (including start-up equipement and technology), or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues. Such funds shall only be used to mitigate the impact of and benefit new development within the respective park benefit districts from which the fees are collected or for projects in other park benefit districts which benefit the park benefit district from which the funds were collected. Trust account funds may be used to purchase additional land from a feepayer where such purchase is consistent with the purpose of this chapter or for excess improvement costs approved in accordance with Section 33H-7(c)(8).


    Trust account funds shall be deemed expended in the order in which they are collected. Policies to be used in scheduling the expenditure of local park trust funds shall be set forth in the manual.


    If the Miami-Dade County standards for local parks have been met within the park benefit district, the Board of County Commissioners following a public hearing, may authorize the County Mayor or his designee, to expend the funds for land acquisition or improvements in an adjacent benefit district or within the prescribed park service zone. Said authorization shall only be permitted upon a finding that the expenditure will mitigate the impacts of and will benefit the residential development paying the fees in question.


    The County Mayor shall periodically review this chapter and the park impact fee manual and, if appropriate, make recommendations to the Board of County Commissioners for revisions to this chapter and the park impact fee manual. The purpose of this review is to ensure that the benefits to a fee paying development are equitable in that the fee charged to the paying development shall not exceed a proportionate fair share of the costs of mitigating park impacts of new developments, and that the procedures for administering the impact fee shall remain efficient.


    A financial and management report outlining expenditures and unexpended funds within each impact fee benefit zone shall be prepared annually by the County Park and Recreation Director and submitted to the County Mayor within 120 days from the date of the end of the fiscal year. Within 30 days of receipt, the County Mayor or Mayor's designee shall place the report on an agenda for review by the Board of County Commissioners.


    The County Mayor or Mayor's designee shall prepare a quarterly report providing information regarding impact fee collections within each commission district and place the quarterly report on an agenda for review by the Board of County Commissioners.

(Ord. No. 90-59, § 2, 6-19-90; Ord. No. 94-184, § 1, 9-22-94; Ord. No. 06-13, § 1, 1-24-06; Ord. No. 15-144, § 2, 12-1-15; Ord. No. 17-04, § 2, 1-24-17)

Editor's note

Ord. No. 17-04, § 2, adopted Jan 24, 2017, changed the title of § 33H-12 from "Impact fee expenditures" to "Impact fee expenditures and periodic review and reports."