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 Miami - Dade County
 Code of Ordinances
 Chapter 33H. PARK IMPACT FEE ORDINANCE

  § 33H-14. Exemptions.  

Latest version.

  • (a)

    The following shall be exempted from payment of park impact fees:

    (1)

    Alterations, expansion or replacement of existing dwelling unit(s) where no additional dwelling units are created and no additional population is generated.

    (2)

    The construction of accessory buildings or structures which will not create additional dwelling units.

    (3)

    The issuance of a tie-down permit on a mobile home on which applicable park impact fee has previously been paid.

    (4)

    The re-occupancy of a mobile home space on which applicable park impact fee has previously been paid.

    (5)

    The replacement of a dwelling unit(s) which replacement meets the requirements of Section 104.3 (D), South Florida Building Code (replacement necessitated by partial destruction).

    (b)

    All development activity permitted by an existing development of regional impact development order (D.O.) adopted pursuant to Chapter 380, Florida Statutes, approved prior to the effective date of this chapter shall be exempt from this chapter unless otherwise provided in the development order. This exemption provision does not apply to those development orders which have been revoked or determined to be null and void or to any development not authorized in such development order by Miami-Dade County. This exemption shall not apply to any additional development regardless of whether or not such additional development constitutes a substantial deviation pursuant to Chapter 380, Florida Statutes.

    (c)

    The following developments shall be exempt from the requirement that impact fees be paid, subject to an application by the feepayer to the Planning and Zoning Director and a determination by the Planning and Zoning Director that the proposed development activity is consistent with the CDMP that such residential development activity, or portion thereof, which provides affordable housing as defined in the "Florida Affordable Housing Act of 1986," Section 420.602(3)(a) (very low income) or (b) (low income), Florida Statutes (1987) and amendments thereto.

    (d)

    An exemption must be claimed by the feepayer prior to paying the impact fee. Any exemption not so claimed shall be deemed to have been waived by feepayer. If an exemption is sought pursuant to Section 33H-14(c), impact fees shall be paid prior to the issuance of the building permit. However, the feepayer shall be entitled to a refund pursuant to this chapter upon submitting a formal application for a refund to and receiving approval from the Planning and Zoning Director, on a form acceptable to the Director.

    (1)

    Application for a refund under Section 33H-14 shall be made within one (1) year of the later of: (1) the effective date of this ordinance or (2) the issuance of a certificate of completion or a certificate of use for the building. Failure to apply for a refund by the feepayer, within the above referred one-year period shall invalidate the right for a refund under this section.

    (2)

    Notwithstanding the aforesaid, if an exemption is sought pursuant to Section 33H-14(c), community development corporations (CDC) as defined in Section 290.033(2) [Florida Statutes] and community-based organizations (CBO) as defined in Section 420.602(5), Florida Statutes that have received assistance from Miami-Dade County or the State of Florida in funding predevelopment costs to provide affordable housing to low and very low income families shall have the option of executing a covenant running with the land, in a form approved by the Planning and Zoning Director, in lieu of payment of impact fees prior to the issuance of the building permit, in accordance with the provisions of the manual. Joint ventures of either a CDC or a CBO with a for-profit developer, whose proposed affordable housing development has been approved by the Miami-Dade County Office of Community Development, shall also have the right to execute the aforesaid covenant.

    (e)

    An exemption must be claimed by the feepayer at the time of the application for a building permit. Any exemption not so claimed shall be deemed to have been waived by the feepayer.

(Ord. No. 90-59, § 2, 6-19-90; Ord. No. 92-153, § 4, 12-15-92; 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. 06-13, § 1, 1-24-06; Ord. No. 15-144, § 2, 12-1-15)