§ 33K-4. Definitions.  


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

    (1)

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

    (2)

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

    (3)

    Capital educational facilities include but shall not be limited to land for public school sites, site preparation and infrastructure costs for school sites, public school buildings, furniture, fixtures and equipment (FF & E) for public school buildings, school buses, portable facilities used at public schools, and Miami-Dade County School Board buildings used to house transportation facilities and maintenance facilities.

    (4)

    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, Sections 163.3161 et seq., Florida Statutes, as may be amended from time to time.

    (5)

    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 county, and which has received a development order pursuant to Section 380.06, Florida Statutes.

    (6)

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

    (7)

    Encumbered means monies committed by contract or purchase order in a manner that obligates Miami-Dade County or the Miami-Dade County School Board 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.

    (8)

    Existing residential development means the lawful residential land development existing as of the effective date of this chapter, and any residential land development for which the landowner holds a valid building permit or valid mobile home dwelling unit tie-down permit as of the effective date of this chapter. Existing residential land development shall also include that maximum level of development activity for which a previous impact fee was paid under the provisions of this chapter. Residential land development shall include but not be limited to single family dwellings, multi-family dwellings, and mobile home dwelling units.

    (9)

    Feepayer means a person intending to commence new residential land development during the life of the development by applying for the issuance of a building permit or mobile home tie-down permit to construct new residential development, expand residential development, or change the use of a non-residential development to a new residential development for which an impact fee is required to be paid pursuant to the terms of this chapter. Feepayer also includes a person who has paid an impact fee, or provided a letter of credit pursuant to this chapter.

    (10)

    Mobile home dwelling unit means a manufactured structure, transportable in one or more sections, which is built on an integral chassis and is designed to be used as a single-family dwelling unit, with or without a foundation, when connected to the required utilities.

    (11)

    New residential development means the construction of new residential units, the creation of additional residential units from existing residential units, any expansion of residential units that increase unit size, or a change in use from non-residential development to residential units. Residential units shall include but not be limited to single family dwellings, multi-family dwellings, and mobile home dwelling units. New residential land development shall not include transitory development (such as hotels or motels and time-shares) where units or bedrooms are leased for less than thirty (30) days.

    (12)

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

    (13)

    Public educational facilities acquisition agreements means an agreement, either short or long term, entered into by the Miami-Dade County School Board providing for the acquisition or use of public educational facilities.

    (14)

    School board means the School Board of Miami-Dade County, Florida.

    (15)

    Unit size means the unadjusted square footage of a new or existing residential development contained under roof (including garage and roofed patio areas).

    (16)

    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.

(Ord. No. 95-79, § 2(4), 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 15-144, § 5, 12-1-15)