§ 33H-3. Definitions.

The definitions contained in Chapters 28 and 33, Code of Miami-Dade County, Florida, shall apply to this chapter except as otherwise provided in the following definitions:

(a)

Applicant means the person who applies for a building permit or submits a plat or waiver of plat.

(b)

Areawide park means a county park designed to fulfill the recreational needs of both incorporated and unincorporated area residents and tourists. They serve large populations and draw users from great distances and include Metropolitan Parks and Special Activity areas.

(c)

Board means the Board of County Commissioners of Miami-Dade County, Florida.

(d)

Building means any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.

(e)

Building permit means an official document or certificate issued by the Miami-Dade County Building Official, authorizing the construction or siting of any building. For purposes of this chapter, the term "building permit" shall also include tie-down permits for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied.

(f)

Community park means a County park typically from twenty (20) to one hundred (100) acres in size that serves a group of neighborhoods. Community parks are actively programmed and staffed recreation areas that retain their park-like identity through landscape design. They are all "drive-to" facilities. These parks are designed to provide a broad range of recreational facilities that are sensitive to the particular needs of the surrounding community. Opportunities can range from staffed recreation and sports centers, athletic fields, and picnic areas to natural landscaped open space. Community parks collectively support larger, more distant, and more diversified District Parks.

(g)

Comprehensive Development Master Plan (CDMP) means the Comprehensive Plan of the County adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, 163.3161 et seq., Florida Statutes as may be amended from time to time.

(h)

Contributions mean all dedications of land and/or provision of specific improvements in lieu of cash.

(i)

County park system or park system means all park and recreation land and facilities owned, operated or maintained by the Department.

(j)

County wide as it relates to this chapter means both unincorporated and incorporated areas of Miami-Dade County.

(k)

Credits means the present value of past, present or future provisions made by new developments for the cost of existing or future capital improvements or dedications.

(l)

Day means calendar days.

(m)

Department means the Miami-Dade County Parks, Recreation and Open Spaces Department or successor department.

(n)

Department of Planning and Zoning means the Miami-Dade County Department of Regulatory and Economic Resources or successor department.

(o)

Development means any construction, structures, creation of structures or alteration of the land surface, or use of land or natural resources which requires authorization by Miami-Dade County through issuance of a development order.

(p)

Director or County Park and Recreation Director means the director of the Department or his designee.

(q)

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.

(r)

District Park means a large County park and recreation area that serves major portions of the County. The emphasis of District Parks is on intensive recreational activities and programming. This includes the provision of larger facilities, recreation centers, multiple ballfields, sport court complexes, large pools, active and user oriented facilities, and include opportunities for picnicking and fresh water beaches.

(s)

Dwelling unit means a building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. Dwelling unit includes mobile home, motel/hotel/rooming house if converted to condominium, servants' quarters or congregate living facilities as that term is defined by Section 400.402, Florida Statutes.

(t)

Encumbered means monies committed by contract or purchase order in a manner that obligates the County to expend the funded amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor or owner.

(u)

Existing development means the lawful land use which physically exists or for which the landowner holds a valid building permit as of the effective date of this chapter or that maximum level of development activity for which a previous impact fee was paid under the provision 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 codes or a use of structure or land which has been abandoned for a period of more than five (5) years shall not be considered existing for purposes of this chapter.

(v)

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.

(w)

Flood criteria means the minimum finished elevation required for all lands as established and shown on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public records of this County as the same may be modified from time to time.

(x)

Frontage means the distance measured along a road right-of-way.

(y)

Greenway means a linear trail or park that connects other parks and public places throughout the County by way of canals, railroads, highways, easements and open spaces and provide opportunities for pedestrian, bicycling and horseback use.

(z)

Impact means the effect of additional population generated by residential construction on the park network in a given area.

(aa)

Impact determination means the amount of property required or the cost related to the impact of residential dwelling units as calculated pursuant to the formula contained herein.

(bb)

Land valuation assumptions means the fundamental assumptions and conditions to be used for an appraisal of land for a local park.

(cc)

Level of Service Standard (LOS) means the Miami-Dade County's level of service standard for the minimum provision of local recreation open space in the unincorporated Miami-Dade County which is two and three-quarter (2.75) acres of local recreation open space per one thousand (1,000) permanent residents. These requirements do not apply to rural and agricultural residences on lots five (5) acres or larger outside the Urban Development Boundary (UDB) as defined in the CDMP.

(dd)

Local Park means County-provided mini-parks, neighborhood parks, community parks, single purpose, and portions of district parks that serve local recreation needs and that are designated by the Department as local parks on the Property Management inventory on file with the Director. Such parks serve residents of the unincorporated areas living within close walking or close driving distance.

(ee)

Local Park Share means the amount of the level of service standard that directly addresses that portion of public demand for local recreation open spaces in County-provided local parks as determined by statistical analysis as .00201 acres/person and include mini-parks, neighborhood parks, community parks, single purpose parks, and portions of those district and areawide parks that are used as local recreation open spaces and that are designated as local recreation open space in the facility inventory maintained by the Director.

(ff)

Local Recreation Open Spaces consist of (1) County-provided mini-parks, neighborhood parks, community parks, single purpose parks, and portions of those district and areawide parks that are used as local recreation open spaces and that are designated as local recreation open space in the facility inventory maintained by the Director; (2) public school and public college playfields that are used as local recreation open space included under a Joint Parks-School Agreement between the County and the Miami-Dade County Public School System or State Board of Governors; and (3) private recreation open space and facilities inside the UDB may also be deemed to be local recreation open space. Collectively, these three (3) types of open space comprise the 2.75 acres/1,000 permanent resident.

(gg)

Metropolitan Park means a large resource-oriented park, typically including prominent water features. The park preserves valuable natural and historical resources while providing a broad mix of resource-dependent recreation opportunities.

(hh)

Mobile home dwelling unit means a manufactured structure, transportable in one or more sections, which is built on an integral chassis and is designed to be used as a single-family dwelling unit, with or without a foundation, when connected to the required utilities.

(ii)

Mini-Park means a County park which has small passive open space areas typically less than one acre in size. Mini-Parks are usually located in densely populated areas, provide open space amenities unavailable elsewhere in the vicinity, and function as substitutes for private yards in residential areas. Mini-Parks provide a place for relaxation, socialization, recreation, and can also be found along some main traffic arteries where they function as roadway beautification areas.

(jj)

Multi-family dwelling unit means a structure that contains more than two (2) residential housing units located in a single building or part of a multi-building complex. Units may be rental or owner-occupied.

(kk)

Neighborhood Park means a County park which is typically from one (1) to ten (10) acres in size and considered a "walk-to" facility. Neighborhood parks contain open play fields, landscaping, and limited recreation facilities (backstops, courts, or tot lots) but do not contain a recreation center or program staff.

(ll)

Nonresidential development means any development not providing for residential dwelling units within a planned project.

(mm)

Natural forest community means all stands of trees (including their associated understory) which were designated as Natural Forest Communities on the Miami-Dade County Natural Forest Community Maps and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84 and Ordinance No. 89-8. These maps may be revised from time to time by resolution in order to reflect current conditions and to insure that, at a minimum, the canopy and understory of designated natural forest communities are dominated by native plant species. Some upland areas identified as "Environmentally Endangered Lands" (EEL) under Ordinance No. 91-67 may be included.

(nn)

Off-site park improvement or off-site improvement means any improvement located outside of the boundaries of a parcel proposed for development or platted subdivision parcel but within the same Park Benefit District.

(oo)

Off-site park open space or off-site acquisition means any land proffered outside of the boundaries of a parcel proposed for development or platted subdivision parcel but within the same Park Benefit District.

(pp)

Owner means the person holding legal title to the real property.

(qq)

Parent tract means a parcel of land designated as land to be subdivided for purposes of subdivision.

(rr)

Park benefit district means a statistical area of the Official Miami-Dade County Park District Map indicating three (3) districts as determined by geographical boundaries.

(ss)

Park impact fee manual or manual means the document prepared by the County Manager and adopted by the Board of County Commissioners which contains information, sets forth procedures and implements policies essential to the administration of the Impact Fee Ordinance, all pursuant to the standards set forth in this chapter.

(tt)

Park improvement means preliminary engineering, design studies, land surveys, engineering, permitting, construction and, installation and/or modification of land, structures, landscaping, and/or equipment thereon.

(uu)

Park land value means a determination of the average value of potential park land located in the same park benefit district for which building permits are being requested, based on the valuation assumptions specified in Section 33H-9(d)(1).

(vv)

Park service zone means the zone of influence a local park and its facilities have on residents in relation to the amount of time and distance they are willing to travel to a facility, i.e., up to five (5) mile distance.

(ww)

Residential development means any single-family attached, single-family detached, multi-family attached building or buildings designed to be used as residential dwelling units. Dwelling unit may be one (1) single-family dwelling unit or two (2) or more dwelling units in a planned project or subdivision.

(xx)

Single-family attached dwelling unit means a housing unit which shares a common wall with an adjoining unit. The common wall must extend from the foundation through the attic.

(yy)

Single-family detached dwelling unit means a conventional home where one family normally occupies one (1) unit in one (1) structure. May be found in subdivision or on single lot.

(zz)

Single-Purpose Park means a single-use County park that supports a public local park or recreation function. The park is typically developed for a specific function and draws a more specialized user group than do similar facilities in other local parks. Examples include tennis centers, athletic fields, senior citizen and boxing centers. These parks may be operated by non-profit organizations.

(aaa)

Unit(s) of development means a quantifiable increment of development activity dimensioned in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule.

(bbb)

Unincorporated areas means any land in the County not lying within the boundaries of a municipality.

(ccc)

Urban Infill Area or UIA means that part of Miami-Dade County east of, and including NW/SW 77 Avenue and S.R. 286 (Palmetto Expressway), and excluding the City of Islandia.

(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. 06-13, § 1, 1-24-06; Ord. No. 15-144, § 2, 12-1-15)