§ 33J-2. Findings, conclusions and purpose.

(a)

The provision of adequate fire and emergency medical service facilities is essential for the health, safety, and welfare of the public. The existing level of service (LOS) in Miami-Dade County provides for the prompt dispatch of fire and rescue task force of a size and composition appropriate to the land use occupancy type requiring the service, resulting in an approximate average response time within the district of six (6) minutes for the first arriving unit.

(b)

Planning and census projections indicate that the population of the district will substantially increase during the next fifteen (15) years, resulting from new development.

(c)

The increase in new development will directly and adversely impact the existing fire and emergency medical service network located within the district.

(d)

In order to maintain adequate fire and rescue protection for the existing population and to accommodate the impact of the projected increase in population due to new development, the fire service network will have to be expanded.

(e)

The sources of revenue presently available to Miami-Dade County will be inadequate to fund the entire cost of acquisition of additional fire rescue service property, the construction of fire rescue stations and the acquisition of capital equipment required to accommodate the impact of the new development.

(f)

An adverse impact on the existing and future residents of Miami-Dade County would result without an impact fee to ensure adequate fire rescue service facilities to service the needs of new development. Therefore an impact fee sufficient to mitigate impacts of new development is necessary.

(g)

All new development shall bear its proportionate share of the capital costs of new fire and emergency medical service facilities necessary for the protection of the public. The expenditure of funds generated by the fee paid by new development shall provide a benefit to the development generating the impact and paying the fees.

(h)

For purposes of assuring that fees collected are used to mitigate impacts of new development, it is appropriate to divide the district into four (4) benefit zones. Funds collected from development occurring in one zone shall be expended to mitigate the impacts and to benefit the development occurring in that zone. Additionally, to the extent that new development in one zone impacts and receives benefit from any capital expansions and acquisitions in an adjacent zone due to alarm responses and dispatches in accordance with Miami-Dade Fire Rescue Department policy, funds from that zone may be expended up to six (6) miles in the adjacent zone. Further, funds shall be expended from each zone for growth-necessitated capital acquisitions and expansions to central response and support services to the extent that increased development within that zone produces impacts on and receives benefits from central response and support services.

(i)

Nothing in this chapter shall be deemed to prohibit or restrict funding of fire and rescue facilities from additional revenue sources to enhance fire and emergency medical services.

(Ord. No. 90-26, § 2, 3-20-90; Ord. No. 07-58, § 1, 4-24-07)