§ 33H-7. Requirement for local public park improvement fee.
(a)
Determination of local park improvement fee. Before a residential building permit in the unincorporated area of Miami-Dade County is issued, the feepayer shall be required to pay a fee for local park improvements or make improvements at a local park, or a combination thereof in accordance with the following:
(1)
Projects involving less than fifty (50) dwelling units shall be required to pay the local park improvement fee.
(2)
For projects involving fifty (50) or more dwelling units, the feepayer may request a local park improvement impact fee determination by the Director to determine whether park improvement fees or credit for improvements at a local park or a combination thereof is acceptable. A feepayer shall only be required to make improvements at a local park in lieu of a monetary fee upon the mutual agreement of the feepayer and the Director.
(3)
The Director shall determine, based on specific review of each request, whether improvement fees or credit for improvements at a local park or a combination thereof would be in the best interest of Miami-Dade County in accordance with criteria in Section 33H-7(c). This determination shall be in writing and shall specify the amount of fees and/or improvements required. The Director's determination shall be made within thirty (30) days from the date the request was received.
(4)
Each feepayer shall pay to the Department, a nonrefundable general administrative charge in the amount set forth in the Manual for the processing of all materials relating to improvements at a local park.
(b)
Amount of fees for local park improvement per dwelling unit. Local park improvement fees are intended to mitigate the impact of the residential use on the need for local public improvements. The cost to improve the local parks is based upon the cost to provide improvements to local parks as described in Table 3 below. The cost as shown in Table 3 below shall be adjusted annually by the County Mayor in accordance with Section 33H-4(h).
The application of the following formula shall be used in determining the amount of fees to be paid for local park improvements:
Local Park Improvement No. of Persons Cost Fees Per (=) Per Dwelling (×) Per Dwelling Unit Unit Person (1)
Determination of the number of dwelling units: The basis of determining the total number of dwelling units shall be in accordance with criteria in Section 33H-6(c)(1).
TABLE 3
ITEMIZED BREAKDOWN
THE COST TO IMPROVE LOCAL PARKS
COST PER PERSONCost Cost/Acre Acre/Pers. Cost/Pers. Neighborhood Park Improvements (Based on 5 Acres) Clear and Grub (5 Ac) $43,560 Finish Fill and Contour $9,333.00 Finish Grading (4 Ac) 26,136 Sod with topsoil (4 Ac) 121,968 Trees (4 Ac) 30,240 Walkways 49,155 Signage 6,000 Park Furniture 7,500 Tot Lot (Sm) 75,000 Multipurpose Courts (2) (not lighted) 80,000 Access Control 36,507 New Parking 25,000 Sub-Total Facility Cost 510,399 20% A&E, Design, Inspection 102,080 12% Contingency 61,248 Neighborhood Park Improvements 673,728 134,745 x 0.00060 = 80.85 Community Park Improvements (Based on 30 Acres) Clear and Grub (30 Ac) 196,020 Finish Grading (20 Ac) 130,680 Sod w/topsoil (20 Ac) 609,840 Trees (20 Ac) 101,160 Irrigation 177,724 Pump House 30,000 Signage 12,000 Park Furniture 22,500 Tot Lot (Lg) 125,000 Access control (internal and external) 99,550 Walkways 135,000 Recreation Center Building 802,500 Concession/Storage/Restroom Building 423,750 Picnic Shelters(2) medium 121,500 Lighted Soccer Fields(2) 400,000 Lighted Multipurpose Courts(4) 108,000 Lighted Tennis Courts(4) 240,200 Vita Course and Signage 35,000 Parking, lighted 540,000 Security/Area Lighting 232,500 Utilities 364,113 Sub-Total Facility Cost 4,916,038 20% A&E, Design, Inspection 983,207 12% Contingency 589,924 1.5% Structures-Art 20,216 Community Park Improvements 6,509,387 216,979 x .00060 = 130.19 District Park Improvements (Based on 200 Acres w/25 AC Lake) Clear and Grub 1,306,800 Finish Fill and Contour Finish Grading (138 Ac) 1,782,240 Sod w/topsoil (138 Ac) 3,005,640 Trees (138 Ac) 1,043,280 Shrubs/Groundcover/Accents 150,000 Irrigation System 1,071,576 Pump House 60,000 Signage and Entry Feature 120,000 Park Furniture 150,000 Tot Lot (1 Large) 125,000 Tot Lot (1 Small) 60,000 Access control (perimeter) 679,649 Walkways/Path 595,565 Recreation Center Building (Large) 1,050,000 Fieldhouse/Gymnasium 2,760,000 Concession/Storage/Restroom Building 1,695,000 Maintenance Building 200,000 Maintenance and Equipment Yard 900,000 Picnic Shelters 1 Large 135,000 6 Medium 364,500 6 Small 162,000 Fields 3 Baseball Lighted 693,606 4 Softball Lighted 924,808 5 Football/Soccer Lighted 1,250,000 Courts 6 Tennis-Lighted 360,000 Batting Cage 315,000 Aquatic Facility 4,500,000 Parking, lighted 3,476,400 Area/Security Lighting 2,160,000 Utilities 2,166,510 Roadway 1,560,000 Sub-Total Facility Cost 35,943,702 20% A&E, Design, Inspection 7,188,740 12% Contingency 4,313,244 1.5% Structures-Art 176,497 District Park Improvements 47,622,185 238,110 x .00054 = 128.58 Single Purpose Park (Based on 15 Acres) Clear and Grub (15 Ac) 105,544 Finish Fill and Contour Finish Grading (7 Ac @ $3500) 33,366 Sod w/topsoil (7 Ac) 243,936 Irrigation (7 Ac) 69,696 Pump House 30,000 Signage 6,000 Park Furniture 15,000 Access control 59,368 Walkways 61,500 Field Center 423,570 Practice Field Unit (2000 sq. ft. @ 150 sq. ft. 150,000 Soccer fields-3 Lighted 810,000 Parking, lighted 315,000 Utilities 188,736 Sub-Total Facility Cost 3,216,281 20% A&E, Design, Inspection 643,256 12% Contingency 385,953 1.5% Structures-Art 8,606 Single Purpose Improvements 4,254,097 283,606 x .00027 = 76.57 LOCAL PARK IMPROVEMENTS PER PERSON 416.19 These values are subject to annual adjustment pursuant to Section 33H-4.
(2)
Determination of population density shall be in accordance with Section 33H-6(c), Table 1.
(3)
The cost of local park improvement fees per person shall be the sum of (1) the cost per acre for neighborhood park improvements multiplied by .00060, (2) the cost per acre for community park improvements multiplied by .00060, (3) the cost per acre for district park improvements multiplied by .00054 and (4) the cost per acre for single purpose park improvements multiplied by .00027.
(c)
Improvements to local public park land in lieu of improvement fee. When the feepayer agrees to supply, build, or install park and recreation improvements to a local park in lieu of or in combination with a monetary fee, the value of those improvements may be credited up to one hundred (100) percent of the local park improvement fee requirements. Such credit is based on a finding by the Director, that the improvements are in the public interest based upon criteria below. The feepayer shall be subject to the administrative, architectural and engineering (A&E), design, and inspection charges and procedures found in the manual.
(1)
Improvements shall be located within the same park benefit district as the development specified in Section 33H-11 and the improvements shall conform to the park master plan in accordance with Section 33-303 of the Miami-Dade County Code.
(2)
Improvements by the feepayer are determined to accelerate an approved County park development schedule and reduce the costs that the County would otherwise pay for the improvements as specified in Section 33H-11.
(3)
The improvements proposed shall be park facilities that will meet the needs of the residents of the development as determined by the Director. Facilities other than those listed as minimum required may be provided where there are local needs identified in the leisure interest survey on file with the Department and where such improvements are equal in value to the improvements listed in Table 3. The Director must approve any and all proposed alternative facilities.
(4)
A detailed site plan of the facilities shall be reviewed and approved by the Director, and all improvements shall conform to Park and Recreation Department specifications.
(5)
A one hundred ten (110) percent performance bond or letter of credit shall be posted prior to the time of building permit issuance for all improvements in accordance with procedures set forth in the manual. After the Department of Planning and Zoning receives the bond or letters of credit and the feepayer has paid the computed A&E, design, inspection charges, and the administrative fee, the County may issue building permits for that part of the proposed development for which the park improvement fee is determined by the County to be satisfied by the improvements. Release of such bonds or letters of credit for improvements shall not be issued by the Department of Planning and Zoning until such contributed improvements have been completed and accepted by the Director.
(6)
All improvements shall become the sole property of the County upon completion and acceptance by the County.
(7)
The time limit for completion and acceptance of said improvements to meet the requirements as specified above shall be the earlier of: two (2) years from date of a written agreement between the feepayer and the Director or prior to issuance of building permits for more than fifty (50) percent of the dwelling units.
(8)
Failure to comply with the requirements in Section 33H-7(c)(6) above will result in forfeiture of the bond and/or denial of future development orders.
(9)
If the Director accepts improvements with a cost in excess of the impact fee computed herein, the feepayer, upon written request, shall be reimbursed without accrued interest for the amount of the excess cost as said cost is determined by the Director pursuant to Section 33H-13. The Director must receive a feepayer's written request for reimbursement within one (1) year from the date of the release of the bond. The feepayer shall only be eligible for reimbursement after the improvement is completed and accepted by the Director. Reimbursements shall only be made from available monies existing within the corresponding park benefit district trust fund. No reimbursement shall be made after one (1) year from the date of the release of the bond.
(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)