§ 33H-4. General provisions.

All residential development is deemed to create an impact and therefore an increased demand for public facilities including public open space, park and recreation facilities. As such, the cost of new public facilities should be borne by new users to the extent new use requires new facilities. Therefore, any application for a building permit within unincorporated Miami-Dade County enabling the construction of residential dwelling units on or after the effective date of this Ordinance shall be subject to the imposition of park impact fees in the manner and amount set forth in this chapter. All Park Impact Fees are due and payable at the same time as the Road, Fire, or Police Impact Fee is paid.

(a)

Land dedications shall be conveyed by plat and deed. All dedications shall be platted with the first final residential plat that is adjacent to the designated park site or by an alternate arrangement specified in a recordable agreement as determined by the Director. The determination by the Director to accept dedications shall be based on the County's present needs and availability of other park sites within the immediate vicinity of the development. Where land for a public local park is to be dedicated, and/or park improvements for a public local park are to be constructed, a recordable agreement shall be required stating which land and/or improvements will be dedicated for park purposes, before recording the first final plat within the subdivision in accordance with criteria in Section 33H-7(c).

(b)

Payment shall be made in a form acceptable to the County Planning and Zoning Director. The Zoning 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, the 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. All fee payments shall be made before a residential building permit is issued. The Building Official shall not issue a building permit until the applicant has satisfied the provisions of this chapter. 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 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.

(c)

The public interest, convenience, health, welfare, and safety require that a minimum of two and three-quarter (2.75) acres for each one thousand (1,000) persons residing within unincorporated Miami-Dade County be devoted to local recreation open space.

(d)

Each park site shall be physically suited for the use intended and shall meet the criteria given in Section 33H-10, Land Suitability.

(e)

Notwithstanding a feepayer's compliance with this Chapter, other State and County development regulations may limit the issuance of building or use permits for development activity.

(f)

The County Mayor, pursuant to Section 4.02 of the Miami-Dade County Home Rule Charter shall propose to the Board of County Commissioners, a Park Impact Fee Manual to that shall be used for the administration of this chapter. The manual shall contain the following:

(1)

The independent fee calculation methodology relating to Section 33H-9,

(2)

The administrative cost provided for in Section 33H-3, 33H-5, 33H-6(b), 33H-7(a), 33H-7(c), 33H-9(c),

(3)

The standards and procedures for issuance of fee refunds set forth in Section 33H-13 and fee credits set forth in Section 33H-15, and

(4)

The standards, procedures and other matters required to administer this chapter.

(g)

The manual shall be adopted by the Board of County Commissioners by resolution or by ordinance.

(h)

The County Mayor shall periodically adjust the adopted park impact fee ordinance and manual as set forth below. The Mayor's action shall ensure that the benefits to a feepayer are equitable in that the fee charged to the feepayer shall not exceed a proportionate share of the costs of mitigating park impacts. The adjusted Impact Fee Schedule shall be on file with the Zoning Director.

(1)

All building permits subject to Park Impact Fee issued within one year after the effective date of this ordinance shall be obligated to pay sixty percent (60%) of the computed fee as determined herein. All building permits subject to the Park Impact Fee and issued more than one year after but less than two years after the effective date of this Ordinance shall be obligated to pay eighty percent (80%) of the computed fee as determined herein. Beginning the third year after the effective date of this ordinance, all building permits subject to the Park Impact Fee shall be obligated to pay one hundred percent (100%) of the computed fee as determined herein.

(2)

The County Mayor shall annually adjust the Open Space Costs (Table 1), Improvement Costs (Table 3), and the park impact fee schedule provided in Sec. 33H-8 by indexing the tables and the schedule to inflation as defined by the Consumer Price Index - All Urban Consumers for the United States, published by the United States Department of Labor, Bureau of Labor Statistics. The first indexing calculation adjustment shall occur during the 2006-2007 County budget year using the difference in Consumer Price Index figures for calendar years 2005 and 2006.

(3)

Unless otherwise directed by the County Commission, any adjustments to the park impact fee, made pursuant to this section, shall be effective the first day of October of each calendar year.

(4)

If the index is changed by the United States Department of Labor so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics.

(5)

If the index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised.

(6)

The County Mayor shall annually adjust the park impact fee schedule provided in Sec. 33H-8 by providing credit for any outstanding debt from General Obligation Bonds issued to finance capital projects for local park improvements which meet needs generated by population growth and development.

(Ord. No. 90-59, § 2, 6-19-90; Ord. No. 92-82, § 1, 7-21-92; Ord. No. 94-184, § 1, 9-22-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 06-13, § 1, 1-24-06; Ord. No. 15-144, § 2, 12-1-15)