§ 33I-9. Fee computation by independent study.

(a)

The feepayer may elect, prior to or within thirty (30) days after paying the schedule impact fee calculated pursuant to Section 33I-6, to utilize an independent fee computation study. Such study shall calculate the fee pursuant to the formula set forth in Section 33I-6. The feepayer shall provide the Director of the Miami-Dade Police Department notice of intent to utilize an independent fee computation study prior to or within thirty (30) days of the issuance of any building permit on the property for which a police services impact fee is due. Independent fee computation studies initiated after the notice of intent is filed shall be completed and submitted to the Director of the Miami-Dade Police Department within three (3) months after the notice is filed. Nothing in this section shall allow a building permit for development activity to be issued without the payment of the police services impact fee.

(b)

If the feepayer elects to utilize an independent fee computation study, the feepayer shall, at his own expense, prepare and present to the Director of the Miami-Dade Police Department a study that documents the basis upon which the value of each of the components of the fee formula set forth in Section 33I-6 were determined. The burden shall be upon the feepayer to provide the data, analysis, and reports necessary for the Director of the Miami-Dade Police Department to make a determination. The analysis and report must be based on the formula set forth in this chapter.

(c)

The feepayer shall, at the time the independent fee computation study is submitted to the Director of the Miami-Dade Police Department, pay a nonrefundable independent study administrative charge in the amount set forth in the police services impact fee manual. That administrative charge shall be used by the County solely for the processing and review of the independent fee calculation study. The amount of the administrative charge shall not be credited against the impact fee.

(d)

The Director of the Miami-Dade Police Department shall determine whether the independent fee computation study accomplishes the following:

(1)

Adheres to the impact fee formula set forth in Section 33I-6;

(2)

Provides complete, thorough, and accurate information; and

(3)

Is prepared by a qualified person as defined in the Police Services Impact Fee Manual.

(e)

Upon approval of the independent fee calculation study by the Director of the Miami-Dade Police Department, based on his determination that the conditions described in Section 33I-9(d) are fully met, the feepayer shall pay the amount of the fee so computed and be entitled to a refund of any amount previously paid in excess thereof.

(f)

Should the Director of the Miami-Dade Police Department determine that the conditions described in Section 33I-9(d) are not fully met by the independent fee study, he shall issue a letter by certified mail, return receipt requested, to the feepayer stating the deficiencies and his intent to reject the independent fee calculation study, in whole or in part, unless the deficiencies are corrected. If the Director of the Miami-Dade Police Department determines that the deficiencies in the independent fee study have not been corrected within sixty (60) days from the date his letter of intent is mailed, he shall issue a letter rejecting the independent fee study.

(g)

Any appeal from a decision of the Director of the Miami-Dade Police Department to reject an independent fee study shall be filed in accordance with Section 33I-13.

(Ord. No. 90-31, § 2, 4-3-90; Ord. No. 06-14, § 1, 1-24-06)