§ 33J-4. Definitions.

The definitions contained in Chapters 28 and 33, Code of Miami-Dade County, shall apply to this chapter except as otherwise provided in the following definitions:

(a)

Applicant means the person who applies for a building permit or submits a plat or waiver of plat.

(b)

Arterial roadway means a roadway intended to serve moderate to large traffic volumes traveling relatively long distances. These facilities are characterized by long trip lengths and high speeds and volumes.

(c)

Board means the Board of County Commissioners of Miami-Dade County, Florida.

(d)

Building means any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.

(e)

Building permit means an official document or certificate issued by the Miami-Dade County Building Official or issued by a municipality within the district, authorizing the construction siting, or change of use of any building. For purposes of this ordinance, the term "building permit" shall also include tie-down permits for those structures or buildings, such as mobile homes, that do not require a building permit in order to be occupied.

(f)

City manager means the chief administrative officer of a Miami-Dade County municipality.

(g)

Collector roadway means a roadway which is intended to serve as the connecting link for local streets and to provide intra-neighborhood transportation. These facilities are characterized by relatively short trip lengths and moderate speeds and volumes.

(h)

Comprehensive Development Master Plan (CDMP) means the comprehensive plan of Miami-Dade County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes (1987).

(i)

Contribution in-lieu-of fee includes, but is not limited to, a conveyance, dedication, construction, placement, delivery, or remittance, as the case may be, of land, buildings, improvements, fixtures, or personal property to Miami-Dade County in accordance with the requirements of this chapter.

(j)

Credit means the value of past provisions as of the date they were made by new developments for the cost of existing or future capital improvements or dedications other than by payment of the impact fee required under this chapter.

(k)

Development activity, development or activity means any activity for which a building permit is required pursuant to the Florida Building Code or any applicable Miami-Dade County or municipal ordinance.

(l)

Development of regional impact means any development which because of its character, magnitude or location would have a substantial impact on the health, safety or welfare of the citizens of more than one (1) county.

(m)

Dwelling unit means a building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) or more persons. Dwelling unit also includes mobile homes, motels, hotels, rooming houses or any such units converted to condominiums, servants' quarters or congregate living facilities as that term is defined by Section 400.402, Florida Statutes.

(n)

Encumbered means monies committed by contract or purchase order in a manner that obligates Miami-Dade County to expend the funded amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor or owner.

(o)

Existing development means the lawful land use physically existing as of the effective date of this chapter and any development or additional development for which the landowner holds a valid building permit as of the effective date of this chapter. Existing development shall also include that maximum level of development activity for which a previous impact fee was paid under the provisions of this chapter.

(p)

Fair market value means the most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. The appraised property shall show the fair market value of the site being dedicated at the time the dedication is proposed to be made.

(q)

Feepayer means a person intending to commence a proposed development for which an impact fee computation is required under this chapter, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in-lieu-of fee pursuant to this chapter.

(r)

Fire Director means the Director of the Miami-Dade County Fire Rescue Department or his designee.

(r-1)

County Planning and Zoning Director or Zoning Director means the Director of the Miami-Dade County Department of Regulatory and Economic Resources or successor department, or the Director's designee.

(s)

Fire impact fee, fee, or impact fee means the proportionate fair share charge required to be paid in accordance with this chapter.

(t)

Fire impact fee schedule or impact fee schedule means the table of impact fee per unit and or square foot of development used by the fire director in computing the fire impact fee pursuant to Section 33J-6.

(u)

Frontage means distance of property measured along a road right-of-way.

(v)

Impact means the effect of the new development including additional residential and nonresidential units on the fire and rescue emergency services in a given area.

(w)

Impact determination means the cost related to the impact of the development of additional residential and nonresidential units as calculated pursuant to the formula contained herein.

(x)

Improvement means any physical improvement related to property, construction costs of a fire rescue station or other facility, or acquisition of capital equipment that increases the capacity of fire rescue services.

(y)

Land valuation assumptions means the fundamental assumptions and conditions to be used for an appraisal to determine fair market value of land.

(z)

Miami-Dade fire and emergency medical services impact fee manual or impact fee manual means the document prepared by the County Manager and adopted by the Board of County Commissioners which contains information, sets forth procedures and implements policies essential to the administration of the impact fee procedure, all pursuant to the standards set forth in this chapter.

(aa)

Miami-Dade Fire and Rescue Service District or District means the Miami-Dade Fire and Rescue Service District established by Section 18-24, Code of Miami-Dade County, and serving the unincorporated areas of Miami-Dade County and those municipalities participating in the District.

(bb)

Mixed use means a group of different uses of land within a building or buildings for which a building permit or permits is/are sought.

(cc)

Nonresidential development means any development not providing for residential dwelling units.

(dd)

Owner means the person holding legal title to the real property.

(ee)

Performance security means sufficient funds irrevocably committed by a legally acknowledged written instrument to secure complete performance of a contract or condition of a development order, developer's agreement or covenant, in a form acceptable to the Department of Planning and Zoning Director and approved by the County Attorney, including:

(1)

Letter of credit;

(2)

Surety bond; or

(3)

Any other form of security comparable to (1) or (2) and acceptable to the Department of Planning and Zoning Director and approved by the County Attorney.

(ff)

Person, for the purpose of this chapter, means individuals, partnerships, trusts, corporations, and all other legal entities authorized by the law of Florida to own and develop real property.

(gg)

Residential development means any building or buildings designed to be used as dwelling units. Dwelling unit may be one (1) single-family dwelling unit or two (2) or more dwelling units in planned project or subdivision.

(hh)

Site means a legally described parcel of property capable of development pursuant to applicable County or city ordinances and regulations.

(ii)

Unit(s) of development means a quantifiable increment of development activity dimensioned in terms of dwelling units or other appropriate measurements contained in the impact fee schedule.

(jj)

Unincorporated areas means any land in Miami-Dade County not lying within the boundaries of a municipality.

(Ord. No. 90-26, § 2, 3-20-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 30, 9-3-98; Ord. No. 07-58, § 1, 4-24-07; Ord. No. 15-144, § 4, 12-1-15)