§ 33H-13. Refund of Impact Fees.  

Latest version.
  • (a)

    If a residential building permit encompassing feepaying development expires or is revoked prior to final inspection, 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, be entitled to a refund without interest of the impact fee, or the appropriate portion thereof, minus any general administrative fee and any applicable convenience fees. However, no refund shall be provided for impact fees deemed expended pursuant to Section 33H-12(b) and (c) or for the cost of completed improvements contributed in-lieu-of-fee except as provided in Section 33H-7(c) herein.


    Any impact 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 Planning and Zoning Director with accrued interest. The feepayer shall be required to submit a written request for refund to the Planning and Zoning Director before issuance of the refund can be authorized. No refunds of park 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 park impact fee was paid.


    Fees shall be deemed expended for purposes of this chapter when any portion of the payment of the fee, except for the general administrative and convenience portion of the fee, is encumbered by contract or agreement by Miami- Dade County. The manual shall set forth a procedure to be used for identifying the source of monies expended.


    The feepayer may request a refund of impact fees paid for a development that has been exempted pursuant to Section 33H-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. 90-59, § 2, 6-19-90; Ord. No. 94-184, § 1, 9-22-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 28, 9-3-98; Ord. No. 15-144, § 2, 12-1-15)