§ 33J-7. Fire service impact contributions in-lieu-of fee.  


Latest version.
  • (a)

    The feepayer shall have the option, as a full or partial alternative to paying the capital equipment portion of the impact fee as required herein, to dedicate an amount of fire rescue property, fire rescue station construction, fire rescue apparatus or other capital equipment in those instances where the Fire Director determines after a review of applicable siting, facilities and capital equipment criteria and requirements that such alternatives are appropriate. All such contributions shall be deemed contributions in-lieu-of fee.

    All contributions in-lieu-of fee shall be in accordance with the current Six (6) Year Capital Fire Rescue Improvement Program as adopted annually by the Board of County Commissioners. Such contributions in-lieu-of fee shall be credited against the capital equipment portion of the impact fee in the amount determined by the Fire Director.

    The Fire Director's review of applications for contributions in-lieu-of fee shall be based on factors including, but not limited to, the need for real property, fire rescue stations or equipment to meet new growth, and timing of development.

    (b)

    The Fire Director shall review all offers of dedication of real property to determine whether the property is of suitable size, dimension, topography and general characteristics to serve as a fire rescue station site or other fire rescue facility. In determining whether to accept the dedication, the Director shall consider the following factors:

    (1)

    The size and condition of land:

    a.

    Site requirements : Each proposed fire rescue station site should be a minimum of one and one-half (1½) acres in size. Each site should accommodate a minimum of a two-bay fire rescue station consisting of approximately two hundred fifty (250) feet of frontage and two hundred fifty (250) feet of depth. The site should be located within a quarter mile of the intersection of two (2) arterial streets or an arterial and a major collector or two (2) major collectors. It should have frontage on an arterial or major collector street. The site to be dedicated should form a single parcel of land except when the Fire Director's review determines that two (2) or more parcels would be in the best public interest. It should be in a configuration permitting large fire rescue service vehicles a sufficient turning radius and located in an area suitable for development as determined by the Fire Director. No part of the site should be located within a designated conservation or preservation area as designated in the CDMP. A site proffered for district needs other than a fire rescue station may be considered on a case-by-case basis.

    b.

    Suitability for building : Soil and subsoil test boring results and certifications should be furnished at the feepayer's cost. Soil and fill should be suitable with minimal site preparation for construction of fire rescue station and driveways for large fire rescue vehicles. Certification of hazardous materials tests as required by the Fire Director shall be furnished at feepayer's costs.

    c.

    Utilities and required improvements: Electrical, water and wastewater services should be available or provided to the County and should meet all applicable State and local regulations. Feepayer should provide commitments by all providers of utility services before acceptance of the property by the County or issuance of any building permit for the development for which the contribution in-lieu-of fee is being made. All utilities should be in place or adequate security provided therefor. Utilities must be at the perimeter of the site and should include roads, walks, curbs, water lines, sewer lines, electric service lines, and telephone service lines. All utilities should be of sufficient quality and quantity to adequately service the site.

    (2)

    If, after the application of the above stated review criteria, the Fire Director determines that it is appropriate to accept the offer of dedication of fire rescue service property, then the feepayer shall dedicate the property either within ninety (90) days of the date of approval, or as otherwise specified in a recordable agreement or covenant running with the land. Any such agreement or covenant shall be recorded prior to the issuance of the first building permit on the development for which the contribution is being made. All such agreements and covenants shall identify the land, facilities and timing of the dedication. The Fire Director shall determine the timing of dedication based on the County's present needs and availability of service.

    (3)

    Land dedications shall be made by plat and deed.

    (4)

    Contributions of land shall be valued as of that time that marketable title in fee simple absolute is conveyed to the County, free of encumbrances, with such documentation and requirements as may be set by the Board of County Commissioners and the Fire Director for the acceptance of real property.

    (5)

    All improvements provided by the feepayer in lieu of an impact fee or any portion thereof shall become the sole property of Miami-Dade County upon completion and acceptance by the County.

    (c)

    A contribution in-lieu-of fee may also be accomplished by constructing a fire rescue station or other fire rescue facility either on property dedicated by the feepayer or on County-owned property within the Fire Rescue Service Benefit Zone serving the development for which the impact fee is being paid. The fire rescue station must be constructed in accordance with the Miami-Dade Fire Rescue Department service standards and specifications. The Fire Director shall review and approve the construction plan and shall establish the construction time frame. An offer by a feepayer to construct fire rescue improvement contributions in-lieu-of fee must be accompanied by plans in sufficient detail to permit the Fire Director to determine that Miami-Dade Fire Rescue Department design standards will be satisfied and to determine the cost of such improvements.

    (d)

    A contribution in-lieu-of fee may also be accomplished by the donation of fire rescue apparatus or other capital equipment for an existing or proposed fire rescue station or other fire rescue facility of type and quality in accordance with the Miami-Dade Fire Rescue Department standards and specifications for planning, siting, construction, apparatus and capital equipment, as well as those standards established by this chapter. If this alternative is selected and approved by the Fire Director, the feepayer shall, in conjunction with the Fire Director, develop an acquisition plan. The acquisition plan shall detail the items to be purchased and establish purchase specifications in accordance with Miami-Dade Fire Rescue Department service standards and specifications. The acquisition plan shall also establish a time frame for purchase and delivery. Contributions of personal property shall be valued as of the time of delivery to the County of title or bill of sale absolute.

    (e)

    When proposed contributions in-lieu-of fee are not consistent with standards set forth by the Miami-Dade Fire Rescue Department, the Fire Director shall reject the offer of contributions in-lieu-of fee. If a proposed contribution in-lieu-of fee is rejected, the Fire Director shall state in writing the reasons for the rejection. Any appeal from such a decision of the Fire Director shall be reviewed by the Developmental Impact Committee Executive Council pursuant to the procedures set forth in Section 33J-14.

    (f)

    With the approval of the Fire Director, the feepayer may post with the County a surety bond, letter of credit, or other security acceptable to the Fire Director and approved by the County Attorney for purposes of guaranteeing the completion of required construction or contribution within the required time frames.

    (g)

    If the Fire Director does not accept the offer of dedication of property, construction of a fire rescue station or donation of capital equipment, then the feepayer shall be required to pay a specific impact fee amount in accordance with Section 33J-6.

(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. 98-125, § 30, 9-3-98; Ord. No. 07-58, § 1, 4-24-07; Ord. No. 15-144, § 4, 12-1-15)