§ 33K-6. Computation of the amount of educational facilities impact.
(a)
The feepayer shall pay an educational facilities impact fee amount based on the formula set forth below. Such fee is based on the capital cost required to serve the increased demand for capital educational facilities resulting from proposed new residential development, together with impact fee administration charges. The formula to be used to calculate the educational facilities impact fee shall be established as follows for all new residential development, except as applied to the expansion of existing residential units which is addressed below in Section 33K-5(e). The County Planning and Zoning Director shall employ the following formula to compute the amount of the fee to be paid:
New Residential Unit Size*
(square feet)
×
Square Footage Fee**
($0.90)
+
Base Fee
($600.00)
+
2% Administrative Fee
=
Educational Facilities Impact Fee
*Provided by the County Planning and Zoning Director or municipality at the time of building permit application or change of use, whichever is applicable.
**Statistical information supporting this calculation of the square footage fee and the base fee is contained in the Educational Facility Impact Fee Methodology and Technical Report prepared for the School Board of Miami-Dade County, Florida by James Duncan and Associates, Craig Richardson, and James C. Nicholas, and dated April 7, 1995.
(b)
A fee schedule showing the calculated fee amount for any new residential development up to three thousand eight hundred (3,800) square feet in size is included in the Metro-Miami-Dade Educational Facilities Impact Fee Manual. It is presumed that a new residential development greater than three thousand eight hundred (3,800) square feet in size will not create additional impacts on capital educational facilities.
(c)
In the case of new residential development involving a change of use from non-residential development to residential units, a fee shall be determined for each new individual residential unit created based on the unit size of that new individual residential unit, pursuant to the formula in Section 33K-6(a).
(d)
In the case of the creation of additional residential units from existing residential units, a fee shall be determined for each new additional residential unit created based on the unit size of the new residential unit, pursuant to Section 33K-6(a).
(e)
In the case of the expansion of any existing residential unit, a fee shall be determined only for the increase in unit size. The impact fee shall be determined by the following formula:
Increase In Unit Size
(square feet)
×
Square Footage Fee
($0.90)
+
2% Administrative Fee
=
Educational Facilities Impact Fee
(f)
Any building permit which expires or is revoked after the effective date of this chapter and for which a fee has not previously been paid under this chapter shall be required to comply with the provisions herein.
(g)
In determining the unit size for new residential development, the County Planning and Zoning Director shall use the building permit and certificate of use information contained in the County building or zoning records, municipal building code and zoning regulations, or other governmental agencies, whichever is relevant.
(h)
No impact fee payment shall be required for any development activity when the calculated fee is less than fifty dollars (50.00).
(i)
The County Planning and Zoning Director, in consultation with the School Board, shall annually review the contents of the Educational Facilities Impact Fee chapter, its formula, and the Educational Facilities Impact Fee Methodology and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. The Board of County Commissioners shall consider the County Planning and Zoning Director's and School Board's recommendations within three (3) months of their receipt. The County Planning and Zoning Director's and School Board's recommendation and the Commission's action shall ensure that the benefits to a feepaying development are equitable in that the fee charged to the paying development shall not exceed a proportionate share of the cost of mitigating capital educational facilities impacts, and the procedures for administering the impact fee process remain efficient.
(j)
The Board of County Commissioners shall adopt, prior to the effective date of this chapter, a Metro-Miami-Dade Educational Facilities Impact Fee Manual which shall be used for the administration of this chapter.
(Ord. No. 95-79, § 2(6), 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 31, 9-3-98; Ord. No. 15-144, § 5, 12-1-15)