§ 33J-12. Impact fee expenditures.

(a)

Expenditures from the impact fee shall include but not be limited to:

(1)

Planning, design and construction plan preparation;

(2)

Permitting and fees;

(3)

Land and materials acquisition, including any costs of acquisition or condemnation;

(4)

Relocation of utilities required by the construction of improvements and additions to fire rescue facilities;

(5)

Design and construction of new drainage facilities required by the construction of improvements and additions to fire rescue facilities;

(6)

Landscaping and site preparation, including demucking, filling to flood criteria and compaction;

(7)

Construction management and inspection;

(8)

Surveying, soils and materials testing and removal of hazardous and solid waste materials;

(9)

Acquisition of capital equipment for fire rescue services including the acquisition of systems, tools and machines related to new development that allow fire rescue service tasks to be performed in a more efficient manner.

(10)

Repayment of any monies transferred or borrowed from any budgetary fund of the County subsequent to the effective date of this chapter, which were used to fund any of the growth-necessitated improvements as herein provided. Any funds that are borrowed shall be spent only to mitigate the impact of new development;

(11)

Compliance with the provision of "Art in Public Places" if such compliance is necessitated by facility development;

(12)

Purchase of land for additional fire rescue stations and support facilities needed to accommodate new growth;

(13)

Design and construction of additional fire rescue stations and other facilities or design and improvement of existing fire rescue stations and other facilities needed to accommodate new growth;

(14)

Purchase of fire rescue apparatus and other capital equipment for stations affected by new growth.

(b)

The four (4) percent general administrative cost portion of the impact fee shall be deposited into the operating account of the County Department of Regulatory and Economic Resources or successor department and shall be used solely to pay the costs of administering the impact fee.

(c)

A collecting municipal governmental unit shall be entitled to thirty (30) percent of the four (4) percent general administrative cost portion of the impact fee collected within the municipality to compensate it for the administrative expense of collecting and administering its responsibilities under this ordinance and under agreements with the County detailing such responsibilities. The remainder of the four (4) percent general administrative cost portion of the impact fee shall be used by the County Department of Regulatory and Economic Resources or successor department for the further administration of this chapter.

(d)

Trust account funds shall be deemed expended in the order in which they are collected. Procedures to be used in scheduling the expenditure of impact fee trust funds shall be set forth in the impact fee manual.

(e)

Monies, including any accrued interest, not encumbered in any fiscal period shall be retained in the trust funds until the next fiscal period except as provided by the refund provisions of this chapter.

(f)

To the extent that new development impacts adjacent zones due to fire and rescue alarms and dispatches made pursuant to Miami-Dade Fire Rescue Department policy and mutual response patterns, and receives benefit from growth-necessitated capital acquisitions, expansions or improvements occurring in adjacent zones, funds collected in one (1) benefit zone can be expended on growth-necessitated capital expansion in adjacent zones up to a distance of six (6) miles to mitigate new development impact between zones.

(g)

To the extent that new development impacts central response and support services and receives benefit from growth-necessitated acquisition, expansion or improvement of capital facilities and equipment, funds can be expended from each benefit zone to mitigate the impact of new development on central response and support services in proportion to the impact made and funds collected.

(h)

If a refund is required under this chapter, it shall be paid out of revenues collected hereunder.

(Ord. No. 90-26, § 2, 3-20-90; Ord. No. 94-168, § 1, 9-13-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-58, § 1, 4-24-07; Ord. No. 15-144, § 4, 12-1-15)