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 Miami - Dade County
 Code of Ordinances
 Chapter 33K. EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE

  § 33K-9. Credits.  

Latest version.

  • (a)

    Credit for up to the full amount of the educational facilities impact fee shall be given by the County Planning and Zoning Director after review and recommendation of the School Board for monetary contributions or land dedication made toward capital educational facilities that were voluntarily proffered or required under a County or municipal development order issued for a development of regional impact or development of County impact or under other final legislative or administrative action approved prior to the effective date of this chapter.

    (1)

    Credit shall be limited to the extent of monies paid or land dedicated.

    (2)

    A credit shall be considered only for those properties encompassed by the development order or action.

    (3)

    Any feepayer claiming such credit shall present documentation and any other evidence of a monetary contribution or land dedication for capital educational facilities.

    (4)

    Any appeal from determination of the amount of credit pursuant to this subsection shall be to the Developmental Impact Committee Executive Council pursuant to the procedures set forth in Section 33K-14 of this chapter.

    (b)

    Credit shall also be provided to any feepayer by the County Planning and Zoning Director if the School Board accepts feepayer's offer to dedicate or convey land to the School Board for school sites, or accepts an offer to provide capital educational facilities, or provide a contribution. In the event that the feepayer offers to dedicate or convey land, the feepayer shall provide to the School Board prior to the School Board acceptance of feepayer's offer, an environmental site assessment which specifically complies with the requirements set forth in American Society For Testing and Materials (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, Second Edition, E1527-94 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and 1528-93 Standard Practice for Environmental Site Assessments: Transaction Screen Process. This requirement shall not be deemed exclusive and the School Board is authorized to require any and all conditions necessary prior to acceptance of feepayer's offer to dedicate or convey land.

    (c)

    The credit shall equal the amount of the fair market value of the land dedication, capital educational facility provided, or contribution given. If the School Board accepts such an offer, it shall inform the County Planning and Zoning Director of the dedication or contribution and the value of the credit. The County Planning and Zoning Director shall review the materials submitted by the School Board, and then determine the appropriate credit and/or reimbursement due against the sum otherwise due. Reimbursements to the feepayer shall be made with available revenue from the benefit district within which the capital educational facilities have been provided. The fee or portion satisfied by the conveyance of land or contribution of capital educational facilities shall be deemed paid when the conveyance or contribution has occurred. In administering this provision, the County Planning and Zoning Director shall comply with the requirements of Section 380.06(16), Florida Statutes and the procedures in the Educational Facilities Impact Fee Manual.

(Ord. No. 95-79, § 2(9), 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 97-92, § 2, 6-17-97; Ord. No. 98-125, § 31, 9-3-98)