§ 33H-6. Requirements for local park open space fees.

Before a residential building permit is issued, the applicant will be required to pay monetary fees or to dedicate public local park land, or a combination thereof in accordance with this section. Unless otherwise specifically permitted by the Director the fee shall be the monetary fee hereinafter provided in Section 33H-8. Provided, however, in subdivisions containing fifty (50) dwelling units or less, the payment of the fees shall be required.

(a)

Amount of local park open space monetary fee per dwelling unit.

(1)

General Formula: The amount of the local park open space fee shall be based upon the average value of potential park land per acre times the local park share of .00201 net acres per person, times population density by type of dwelling unit, less a credit for monies paid through ad valorem taxes toward capital expansion of local parks. Average land value shall be the average value of potential park land per acre located in the same park benefit district for which a building permit is being requested.

The local park open space monetary fee shall be determined in accordance with the following:

Local Park		Average		.00201 Net		People		Tax
Open Space	(=)	Parkland	(×)	Acres	(×)	per	(-)	Credit
Fee/		Value/		per		Dwelling		of
Dwelling Unit		AC		Person		Unit		$304.97

 

The amount of the tax credit shall be based upon the total outstanding unincorporated area debt service for local park projects, divided by the total number of households in unincorporated areas.

(2)

Determination of local park land value: The Board hereby establishes in accordance with the procedures specified in Section 33H-6(a)(1) and the valuation assumptions in Section 33H-9(d)(1), the average local park land value per acre by park benefit district is as follows:

Table 1 Open Space Cost ^1;

Park Benefit District	Average Park Land Value Per Acre
1	$269,750
2	$154,471
3	$130,631

 

These values are subject to annual adjustment pursuant to Section 33H-4.

(b)

Determination of land dedication in lieu of monetary fees.

(1)

Prior to the time of the earlier of a public hearing or tentative platting, for developments of more than fifty (50) residential dwelling units, or, if a site plan is not provided and the highest permissible development is more than fifty (50) residential dwelling units, the feepayer may request a local park open space determination by the Director for the purpose of determining whether land dedication in lieu of the open space fee is acceptable to the Director.

(2)

The Director, based on specific review of the development and the criteria set forth below shall determine whether land dedication or monetary fees, or a combination thereof would be in the best interest of the County. The Director's determination shall be in writing and shall be made within thirty (30) days from the date the application was received and shall be in accordance with the following criteria and for the purpose of maintaining the permanent level of service:

a.

Ensuring that new local parks are available within a short distance to serve new residential development.

b.

Addressing future needs by maintaining not less than the minimum permanent level of service for local parks as population growth occurs.

c.

Completion of public projects started.

d.

Initiation of new public projects identified in the Multi-Year Capital Plan of the County Budget.

(3)

Each feepayer shall pay the Department a nonrefundable general administrative service charge in the amount set forth in the Manual for processing the land dedication determinations.

(c)

Amount of required local park land dedication. In the event the feepayer proposes to dedicate land, and if the Director determines such dedication of land to be in the County's best interest in accordance with Section 33H-6(b)(2), then the amount of land to be dedicated shall be based upon the projected population for the area in question and the local park share of .00201 net acres per person. The actual amount of land to be dedicated shall be determined by the following formula but in no case will the dedication be less than five (5) acres unless determined to be in the best interest of the County by the Director in accordance with Section 33H-10.

Amount of		Total Number		No. of Persons		.00201 Net
Req'd Park	(=)	of Dwelling	(×)	Per Dwelling	(×)	Acres Per
Land (Net Acres)		Units		Unit		Person

 

(1)

Determination of the number of dwelling units. The basis for determining the total number of dwelling units shall be the lesser of:

a.

The actual number of dwelling units reflected on the building permit application, final plat or permitted by a legally recorded covenant running with the land; or

b.

The maximum number of dwelling units permitted within the proposed development based upon zoning regulations.

(2)

Determination of population density. Population density, that is, the number of persons per dwelling unit, occupied and unoccupied shall be in accordance with the latest available census data and consistent with the Official Park Benefit District Map of Miami-Dade County indicating three (3) districts (a copy of which is appended as Exhibit A and incorporated by reference) and the population density shall be projected as shown in Table 2. The persons per dwelling unit shall be adjusted periodically based on the most recent census data updates provided by the Department of Planning and Zoning.

Table 2
Persons Per Dwelling Unit By Type
Park Benefit Districts
Miami-Dade County

Park Benefit District	PPU Single-Family Detached House	PPU Single-Family Attached	Multi-Family Unit Structures
1	3.37	2.90	2.11
2	3.26	2.74	2.20
3	3.16	2.94	2.13

 

The statistical area shall be constantly monitored by the Research Division, Miami-Dade County Planning and Zoning Department which shall submit to the County Commission revised statistical data when appropriate.

(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)