HomeMy WebLinkAboutR-88-0808' J-IId-!!0o►
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A RNBOLUTION 8UPPORTI 0 TEE DADS LZAGVR OF
CITISB, IBC.4 P082TION RMARDING DADS OOOETY
IMPACT M8 AND IS K"tAGING TEE METROPOLITAX
DADS COUNTY CONXI88IOX TO ALLOW
MUNICIPALITIES TO OPT -OUT OF DADS COURTY'8
PAOPOBED IMPACT rn ORDINANCE Ir TEE
MUNICIPALITY DETERMIx88 TEAT suci Yw-
PARTICIPATION WOULD DE IX SUCK NUNICIPALITIEB
BEST INTEREST.
WHEREAS, the City of Miami Commission, on April 98, 2988,
adopted an Impact roe Ordinanoe (Ordinanoe No. 10496) to finance
capital related improvements necessitated by development; and
WKEREAB, the City's above referenced Impact Fee contained a
street improvement ooeffioient vhioh should result in development
activity generating income for oapital improvements in proportion
to the impact on streets affeoted by such development; and
WHEREAS, the City of Miami Me also approved and issued two
major areavide Downtown Development of Regional Impact Orders
covering the Downtown, Briokell Avenue, Omni, Southeast Overtovn
and Park Hest areas of the City; and
WHBREAS, said developments of regional impact make provision
for exaction of development related fees covering, inter slim,
streets in affeoted areas; and
WHEREAS, the Commission of the City of Miami does not
believe that it will be in the best interest and general welfare
of the City of Miami for development within the City of Miami. at
this time, to be subject to imposition of an additional Impact
Pee imposed by Metropolitan Dade County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TKB
CITY OF MIAMI, FLORIDA:
Section I. The City Commission hereby supports Us Dade
League of Cities. Inc.'s position regarding Dade County Impart
Pees and encouraging the Metropolitan Dade County t0
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a119W siuuioipalitiM to opt -out of Drde CoantT's ProPWO tUP60t
Pee Ordiusuoe if the uualoip"itT determines tout ouch uou-
p"tioipatiou would be in ouch munioipalities best interest.
PABIRD AED ADOPTED thie 8 th _ "y pfSes�t�ebar _ ,
19" -
ATTW:
NATTY u I, CITY CUM
PWANED AND APPROVED W :
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dIdTANT CI ATTOWEY
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APPROVED A8 TO !"Omt AND
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CI ATTOAx
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The Dade County League of Cities, Inc.
Tip-
29 Sl Awwaztw
August 2S. 1988 •AJ*Mm
Aurelio Perez-Lugones
Assistant City Manager
Citv Miami
Post Office Box 330708
Miami. Florida 33133
Dear Aurelio:
This request for an item to be placed on the September 8„
1988 Agenda of the Miami City Commission is at the
suggestion of the office of Commissioner J. L. Plummer.
Jr.
We in the Dade League request the Commission to support
in a resolution to the Dade County Commission an
alternate version to the County's Impact Fee Ordinanoo
Which would allow those cities which wish to be excluded
from the County Impact Fee.
A copy of the alternate ordinance is enclosed.
Thank you.
Sincerely.
Russ Marchner.
Executive Director
Enclosure
CC:
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J.L. Plummer. Jr.
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RESOLUTION 88-58
A RESOLUTION OF THE BOARD OF DIRECTORS OF
TIRE DADE COUNTY LEAGUE OF CITIES, INC.
REQUESTING THAT DARE COUNTY PROVIDE IN
ITS PROPOSED IMPACT FEE ORDINANCE THAT
MUNICIPALITIES MAY BE EXCLUDED FROM THE
PROVISIONS THEREOF UPON THE MUNICIPALITY'S
ADOPTION OF A RESOLUTION.
WHEREAS, Metropolitan Dade County has proposed an
Impact Fee Ordinance that will provide an increase in the cost
of building permits to offset the cost of County Roadway improve-
ments, and
WHERZAS, municipalities object to their inclusion as
collectors of the fees for said purpose, and
WHEREAS, certain municipalities have heretofore adopted
an Impact Fee Ordinance to be used for specified municipal
purposes, and
WHEREAP, numerous objections to the Ordinance have
heretofore been posed to Metropolitan Dade County by its
President, Executive Director and Attorney, and
WHEREAS, the Dade County League of Cities had in October
presented its objection to the Impact Fee Ordinance and the
present County Manager had agreed to municipalities being given
the right to opt out from the provisions of said ordinance
upon adoption of an appropriate resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE DADE COUNTY LEAGUE OF CITIES, INC.:
Section 1. That the Dade County League of
Cities hereby objects to the
adoption of the Impact Fee
Ordinance by the Dade County
Commission unless a provision
is provided therein to permit
municipalities to adopt a
resolution opting out from the
provisions of said ordinance.
Section 2. That the Executive Director is
hereby authorized to distribute
copies of this resolution to
the Mayor and each member of the
Board of County Commissioners.
PASSED AND ADOPTED this 2nd day of June, 1988.
Attest:
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HlX0RAN DUX Alternate
Agenda item Ito. 4tat
T0: Honorable Mayor and Kenbers DATli July 19, IM
board of County CO Missioners
SUtJECT: Road tWpaet Fee
Ordinance - Alternate
FROMs tarry D. Schreiber
County CosnaissioRft. :.
On behalf of the Dade Leaque of Cities, i would ask your
favorable consideration of the attached Alternate Roadway 10"Ct
Fee Ordinance. This alternate provides each city with the option
to be excluded from the provision of the ordinance. of
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Alternate
Agenda Item No. 4(a)
7-19-19
ORD I NA14r E
ORDINANCE CREATING CHAPTER 33E OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA, RELATING TO THE
REGULATION OF THE USE AND DEVELOPMENT OF LAND IN
DADE COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION
OF AN IMPACT FEE ON KEN DEVELOPMENT IN DADE COUNTY
TO BE USED TO PROVIDE FOR ROADWAY IMPROVEMENTS
NECESSITATED BY SUCH DEVELOPMENT; PROVIDING FOR
SNORT TITLE, AUTHORITY AND APPLICABILITY, INTENT
AND PURPOSE, RULES OF CONSTRUCTION AND
DEFINITIONS; PROVIDING FOR ROAD IMPACT FEE
IMPOSITION, IMPACT FEE FORMULA, IMPACT FEE
COMPUTATION APPROACHES, CONTRIBUTIONS IN -LIEU -OF -
FEE; PROVIDING FOR IMPACT FEE BENEFIT DISTRICTS
AND TRUST ACCOUNTS, IMPACT FEE EXPENDITURES,
REFUND OF IMPACT FEES, EXEMPTIONS AND CREDITS AND
APPEALS OF ADMINISTRATIVE DECISIONS; AMENDING
SECTION 33-314, CODE OF METROPOLITAN DADE COUNTY,
FLORIDA, RELATING TO ORIGINAL JURISDICTION OF
BOARD OF COUNTY COMMISSIONERS TO REVIEW CERTAIN
ADMINISTRATIVE DECISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS, The Comprehensive Development Master Plan for Dade
County, adopted July 1979 pursuant to Chapter. 163, F.S., as
amended, established the goal to:
Insure that the provision of services are coordinated
with development and redevelopment and are available to
all (Provision of Services, page 7),
and set forth the policies to:
"Allow development or redevelopment in now areas or in
already populated areas only at such, time as all
development standards and requirements, including the
provision of services,
are
accomplished" (Provision of
Services A6, page 8),
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,*Direct growth in a manner
s 4_
whereby public #oryt
be effectively provided
without
adversely 49t,
general welfare of
the
comunity" (p►+
Services B2, page 8 ) ,z
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Alternate
Ac►enda Item No. 4 (a)
pave No. 2
and recommended the use of roadway impact fees for the
implementation of these growth regulation policies in order that:
"the cost of essential public facilities and services
can more fairly be borne by the owners of new
construction and development who make these costs -
necessary . . ." (Implementation, page 235).
and
WHEREAS, the Dade County Home Rule Amendment to the Florida
State Constitution, Article VIII Sec. 6 Florida Constitution
1968, the Dade County Charter, Section 1.01 and Chapter 380,
Florida Statutes, authorize the regulation of land development,
which includes the imposition of developmental impact fees; and
WHEREAS, Dade County and Dade County municipalities accept
and/or receive road rights -of -way and on -site improvements
through subdivision and zoning regulations; and
WHEREAS, Dade County and Dade County municipalities utilize
Section 380.06, Florida Statutes, (Develoomants of Regional
Impact) to regulate large-scale developments, in part, by
accepting from the developers the voluntary dedication of road
rights -of -way and the construction of off -site road improvements
that are outside of and not immediately bordering land
developments but are necessary both to mitigate adverse
transportation impacts resulting from such developments and to
serve said developments; and
WHEREAS, the year 2005 Metro -Dade Transporutio-A I
adopted by the Dade County Metropolitan Plannin4 1?rgt
(MPO), established roadway ser`1►ice levels, id"Utt
and future road facility needs, and dot*s#s
x + s 4� X
road facility improvements would be Pelt t* X0t°
th �C
for tho County; and
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Alternate
Avenda Item No. 4(a)
pace 4o . 2
and recommended the use of roadway impact fees for the
implementation of these growth regulation policies in order thata
"the cost of essential public facilities and services
can more fairly be borne by the owners of mew
construction and development who make these costs
necessary . . (Implementation, page 233).
and
WHEREAS, the Dade County Rome Rule Amendment to the Florida
State Constitution, Article VIII Sec. 6 Florida Constitution
1968, the Dade County Charter, Section 1.01 and Chapter 380,
Florida Statutes, authorize the regulation of land development,
which includes the imposition of developmental impact fees; and
WHEREAS, Dade County and Dade County municipalities accept
and/or receive road rights -of -way and on -site improvot nts
through subdivision and zoning regulations; and
WHEREAS, Dade County and Dade County municipalities utilis*
Section 380.06, Florida Statutes, (Developments of Regional
Impact) to regulate large-scale developments, in part, by
accepting from the developers the voluntary dedication of road
rights -of -way and the construction of off -site road improvements
that are outside of and not immediately bordering land
developments but are necessary both to mitigate adverse
transportation impacts resulting from such developments and to
serve said developments; and
,
r
WHEREAS, the year 2005 Metro -Dade TronspoMtiond,
adopted by the Dade County Metro"Utan' Planning 0"As
c i L
(MPO), established roadway service levels, idtnt,iflod 111#t
and future road. facility no"$, and .dlttf%t1Ar+d"
road facility improvownts would bM nqutrw to°
}7:
for the County; and
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Alternate
agenda Item No. 4(a)
!'age No. 4
G. A road impact fee collected at the time of additional
development in Dade County is needed to fund a portion
of the otherwise unfunded capital costs of required new
roadway facilities in Dade County, which facilities are
required to serve such development and help absorb its
impacts.
H. The road impact fee system contained in this ordinance
establishes a method of assessing new development in
Dade County for its proportionate share of road
improvement costs based on the impacts created and
benefits received.
I. The designation by this ordinance of geographical areas
(benefit districts - see Attachment "A") within which
the road impact fees established in this ordinance must
be spent ensures that fees collected will be spent to
benefit the road system, and thus the new development,
located within such districts.
J. The -transportation planning processes of the Dade
County Metropolitan Planning Organization must be
utilized to assure that the impact fee revenues within
the benefit districts are properly expended.
NOW, THEREFORE, BE ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY:
Section 1 - Chapter 33C of the Code of Metropolitan Dad :
County, Florida is hereby created to read as followsa
Y
Section 1 - lneoroo,Eation_br, fti*Etncn, � A
Y f
The seaters set forth ebori isv► horew- y�� s
are hereby adoptid ` and "-lncvrpscat 'b _rye
a
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Alternate
Agenda Item No. 4 (a)
wage No. S
Section 2 - Short Title. Authority and Avolicability
A. This ordinance shall be known and may be cited as the
"Dade County Road Impact Fee Ordinance. -
a. The Board of County Commissioners of Dade County has
the authority to adopt this ordinance pursuant to
Article VIII, Section 6 of the Constitution of the
State of Florida, Section 1.01 of the Charter of Dade
County and Chapters 163 and 380, Florida Statutes.
C. This ordinance shall be applicable to land development
in the entirety of Dade County except this ordinance
shall not be applicable to any land development within
the boundaries of any municipality which elects to be
excluded from the provisions of this ordinance. A
municipality may elect to be excluded from the
applicability of this ordinance by resolution duly
enacted by its governing body. The exclusion shall be
effective upon the filing of a certified copy of such
resolution with the Clerk of the Board of County
Commissioners.
Section 3 - Intent and Purposes
A. This ordinance is intended to implement and be
consistent with the Dade County Comprehensive
Development Master Plan adopted pursuant to Chapter.
163, Florida Statutes. r
.y
The purpose of the ordinance in r09u14`4 t P t
Is to ensure that all now 6eve1*VWA +n
proportionate share of a pa►rtio4 of 00.��.
road facilities necessary to '41.1-wass
roadway service.
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Alternate
Agenda Item No. a(a)
Page No. 6
section, ! Myles of construction
A. The provisions of this ordinance shall be liberally
construed to effectively carry out its purpose in the
interest of the public health, safety and welfare.
a. For the purposes of administration and enforces+ent,
unless otherwise stated, the followinq rules of
construction shall apply to the text of this ordinance.
(1) If there is any conflict between the text of this
ordinance and any table, summary table or
illustration, the text shall control.
(2) The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(3) The phrase "used for" includes "arranged for"
"designed for", "maintained for", or 'oftupied
for"
y
?n
(4) The word ~person" includes an individual, i
corporation, a partnership, an incorporated
association, or any other similar entity.
(5) The word "includes" shall not limit a term to the
specific example but is intended to extend
its
meaning to all other instances or circumstances
ef.
like kind or character.
{ i j
Th* word "he" s eaw !Awe qlf INS' T
"his or her".
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Alternate
Agenda Item No. 4(a)
Pa a N. 7
A. "Arterial Roadway" means a roadwa$ inotended to serve
moderate to large traffic volumes traveling relatively
long distances. These facilities are characterised by
long trip lengths and high speeds and volumes.
a. "City Manager" means the chief administrative officer
of a Dade County municipality or his designee.
C. "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.
D. "County Manager" means the chief administrative officer
of Metropolitan Dade County or his designee.
E. "County Public Works Director" means the director of
the Metropolitan Dade County Public storks Department or
his designee.
F. "Dade County Metropolitan Planning Organization" or
"MPO" means the local government entity designated by
the Governor, pursuant to Chapter 339.175, F.S. for the
management of transportation planning process in Dade
County.
G. "Development activity", "development" or -activity -
means any activity for which a building permit is
required pursuant to the South Florida tuildi"
y
and/or any applicable County or municipal Ordi •
4
H. "Existing Developmwat" 8e4as that 4e"IC
which physically exists or the 14ad►es
building permit as of the Ott"'tivO +
ordinance or that Maximo,tit A#',
trot on
1�leetnat:
Aoenea Item No. &(a)
"sge No. o
for which a previous impact fee was paid under the
provision of this ordinance.
i. "Feepayer" means a person intending to comrsence a
proposed development for which an impact fee
computation is required, 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 ordinance.
J. "Level of Service" is the qualitative measure of
traffic service provided by a road under a particular
volume condition as described in the Highway Capacity
Manual, Special Report 209, 1985, published by the
nonprofit Transportation Research Board of the National
Research Council serving the National Academy of
Engineering.
K. "Local street" means a roadway which has the primary
function to serve adjacent property by providing the
initial access to the highway network. These
facilities are characterized by short trip lengths, low
speeds, and small traffic volumes.
L. "Long Range Transportation Plan" means the Adopted
Metro -Dade Transportation Plan or successor document
adopted by the Dade County Metropolitan Planning
Organization.
M. "Metro -Dade Road Impact Fee Manual" or "Impact To*
Manual" means
the document prepared by the County
Manager and
adopted by the Board of Coney
pS
grit
Commissioners which contains information, *ts
procedures and
implements policies e66e4U41: tW`�
administration
of the,impact f p4_
pursuant to the
standards set forth in this-1-- f�z
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Alternate
Agenda Iteri Vo. ! (a)
pace No. 9
I1. of roadway improvement" or "off -site
improvement" means any arterial and collector roadway
improvement located outside of the boundaries of a
parcel proposed for development or platted subdivision
parcel excluding those improvements required to be
dedicated or improved pursuant to the subdivision or
zoning regulations. This definition also includes
roadway improvements, including right-of-way
dedication, which are located beyond those zoned right-
of-way limits specified in Section 33-133, Dade County
Code.
0. "Road impact fee", "fee", or "impact fee", means the
proportionate share charge required to be paid in
accordance with this ordinance.
P. "Road Impact Fee Schedule" or "impact fee schedule"
weans the table of impact fee per unit of developm Wt
used by the Public works Director in computing the
roadway impact fee pursuant to Section A of this
ordinance.
Q. "Roadway capacity improvement" or "roadway improvement"
means preliminary engineering, design studies, land
surveys, engineering, right of way acquisition (off -
site), permitting, construction and, installation
and/or modification for off -site arterial and collector
roadway projects incorporating the following:
}
Thru lanes,
Turn lanes,
-
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7
Bridges.
Drainage facilttJOS 4A
improvownts, 3 m
f a ,
Tra tic siq"Uxat ..t >r y E
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nate lttr
Ito" ao . 4 ( a )
Page No. 10
(61 Curbs, medians, shoulders, striping, and traffic
signage,
(7) Utility relocation necessitated by roadway
construction,
(8) Sidewalks or bike paths within roadway rights -of -
way, and
(9) Other structural improvements shown by specific
studies to enhance roadway capacity.
The following shall not be considered roadway capacity
improvements for purposes of this ordinance: (a)
improvements to local struts; (b) improvements to
collector roadways that provide traffic circulation
within proposed developments and (c) all roadway
maintenance activities.
R. "Short Range Transportation Improvement Program" weans.
the five year roadway program adopted annually by the
Dade County Metropolitan Planning Organisation as
amended from time to time.
S. "Unit(s) of development" means a quantifiable increscent
of development activity dimensioned in terms of
dwelling units, 1,000 square feet of floor area,
hotel/motel rooms, parking spaces, students or other
appropriate measurements contained in the impact fee
schedule or in Trip Generation, fourth Edition,
September, 1987, published by the Institute of Traffic
Engineers.
SeSt c,nn66 ,Road Impact rta iAooaition �_ �� �
fir. r
A. Any application for a building permit for �i �
71
activity within Dada County shah bo ab$4 i*�
! imposition at a road i,:c felt Utb
amour►t -oat torth. An tU1,7777
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Alternate
Agenda Item No. 4(a)
Page No. 11
applications for building permits filed within one (1)
year of the effective date of this ordinance shall be
obligated to provide for fifty -percent (50%) of the
computed impact fee as determined herein.
No such building permit shall be issued by the County
or any Dade County municipality unless and until the
applicant has paid such impact fee, or presented a
letter of credit for such impact fee in a form
acceptable to the Dade County Public works Director,
for contributions in -lieu -of -fee as provided in Section
10. This shall not prohibit a feepayer from initiating
an independent fee computation study as provided for in
Section 9 herein.
B. Notwithstanding the payment of a road impact fee or
provision of a contribution in -lieu -of -fee in
conjunction with land development activity, other
State, County and municipal development regulations may
limit the issuance of building or use permits for
development activity.
Section 7 - Road Impact Fee Formula
A. The feepayer shall pay a road impact fee amount based
on the formula set forth below. Such fee will be based
on the capital cost of roadway improvements required to
serve any increase in transportation requirements
resulting from proposed development activities togoth'x
with impact fee auministrative costs. The :os,wluk �
• be used to calculate the road impact fee sul
follows$
1) Total Trips • Psop► d w�"a
4:-r
norar ioo "t►R
Trips Attri tablo + ,y
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Alternate
Agenda Item No. 4(a)
Page No. 12
2) Now Lane Miles - Total Trips X Trip Length • 0,100
Average Daily vehicles Capacity Per Lane Mile.
3) Road Cost - New Lane Miles X $320,000 Per Lane
Mile (Exclusive of Right of Way Costs)
4) Net Road Cost - Road Cost -(minus) 27% of Road
Costs Credited From Motor Fuels Tax and Vehicle
License Fees
S) Road Impact Fee - Net Road Costs + 2• General
Administrative Costs
B. In the case of development activity involving a change
of use and/or magnitude of use in which a building
permit is required, the proposed development shall be
required to pay an impact fee only for any increase in
the development activity. The impact fee shall be the
difference between the computed impact fee for the
proposed development activity and the computed impact
fee for the existing development activity as defined in
Section S. Any building permit which expires or is
revoked after the effective date of this ordinance and
for which a fee has not previously been paid under this
ordinance shall be required to comply with the
provisions herein. No refunds will be given. for
proposed development activity resulting in a nisqatiyo
fee calculation.,
5,L
C. No impact fee poymmt shall be requtv
applicants seeking development aezivity
computed too amount wsdar the tams of. x
r is loss than fifty dollars OSo t., j
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Alternate
Agenda Item No. 4(a)
Page No. 13
The above formula shall be used to compute the mount
of the fee to be paid using either of the approaches
set forth in Section 8 or Section 9, at the election of
the feepayer.
D. The County Kanaqer, pursuant to Section 4.02 of the
Code of Metropolitan Dade County shall propose to the
Board of County Commissioners in not less than 120 days
prior to the effective date of this ordinance, a Metro -
Dade Road Impact Fee Kanual that shall be used for the
administration of this ordinance. The Impact FN
Manual shall contain the followinq:
(1) The procedure for the designation of City
administrative staff, as provided for by a
memorandum of agreement, to administer any part of
the impact fee process or procedure; as well as
the specific procedure for entering into such a
memorandum of agreement,
(2)
The independent fee calculation msth64614"
`Y
relating to Section 9,
(3)
The portion of the General Administrative Cost set
ti
forth in Section 12A that may be retained by any
City designated to administer a portion of the
impact fee process or procedure,
vx
(4)
The Independent Study Administrative Coat
for in Section 95,
9
i }4
(3)
The standards and ptocedur#spa
credits set forth in loctiODht
(6)
The standards, pXV06d t
`
y �
requLnd to aft
K
1yh '
Not On
Alternate
Agenda Item No. 4(a)
Page No. 14
I. The County Manager shall periodically review the
contents of the adopted Road Impact Fee Ordinance and
Impact Fee Manual and, if appropriate, make
recommendations for revisions to the adopted Road
Impact Fee Ordinance and Impact Fee Manual to the Board
of County Commissioners. The Board of County
Commissioners shall consider the County Manager's
recommended revision(s) to the Dade County Road Impact
Fee Ordinance and the Impact Fee Manual at least once
every twelve months. The Manager's recommendations and
the Commissions action shall ensure that the benefits
to a fee paying development are equitable in that the
fee charged to the paying development shall not exceed
a proportionate share of the costs of mitigating road
impacts, and the procedures for administering the
impact fee process remain efficient.
Section 8 - Fee Computation By Adopted Schedule
The feepayer may
elect 'to allow the County Public Works wA
Director to use the
Impact Fee Schedule set forth below
developed pursuant
r
to the formula set forth in Section 7A.
A. The following
Impact Fee Schedule shall be used by the
County Public
Works Director in computing the road
impact fee:
r,,,
T
q
9
.P +'ti
.g:t
■ .
v$�
Y p �}}k�rypc'� .7Ye•
E'
Not On
Alternate
Agenda Item No. 4(a)
Page No. 17
a. If the type of activity within a proposed or current
development is not specified in the above Impact Fee
Schedule, the County Public Works Director shall use
the activity most nearly comparable in computing the
fee. In making this determination the County Public
Works Director shall be guided by Trip Generation,
Fourth Edition, September, 1987 published by the
Institute of Transportation Engineers, and, based on
the same or similar method of trip generation rate and
trip length determination.
C. In determining existing development activity, as
defined in Section 5H of this ordinance, and the units
of proposed or existing development, the County Public
Works Director shall use the building permit and
certificate of use information contained in the records
of the Dade County Building and Zoning Department and
municipal building code and zoning regulation
administering agencies.
Section 9 - Fee Computation By Independent Study
The feepayer may elect, either prior to or subsequent to
paying the scheduled impact fee (Section 8), to utilize an
independent fee computation study pursuant to the formula
set forth in Section 7A. The feepayer shall provide the
County Public Works Director Notice of Intent to utilize an
independent fee computation study prior to.. but no lator
than the time of application for a building pot�pit.. A44.
such studies initiated after the issuance of � tL
h a
permit shall be completed and submitted to cb4p,:Pub1,40
Director within six (6) months of is•uut ,
permit. Nothing within this Section 9ha1I allow, a
permit for development activity to be is,su"
payment of a Roadwsy Impact Volt." proviod: tad
A iiY �qqr�
heroin
t � y
llot on
Alt!rft&te
Agenda Item No. 4(a)
Page No. la
A. if the feepayer elects to utilise an independent fee
computation study, the feepayer shall, at his own
expense, prepare and present to the County Public Works
Director such a study that shall document the basis
upon which the value of each of the components of the
fee formula set forth in Section 7A was determined.
The feepayer shall follow the impact fee study
methodology contained in the Impact Fee Manual.
Subjects of the study shall include the following
unless determined otherwise by the Public Works
Director.
1) Trip Generation rates
2) Average vehicle trip length
3) New vehicle trip rates
4) Non -transit trip percentages
B. The feepayer shall, at the time the independent fee
computation study is submitted to the County PablLo
Works - Director, pay to the County Public Works Director :>
a non-refundable Independent Study Administrative Cost
in the amount set forth in the Impact Foe Manual to be
used solely by the County for the processing and review
of the independent fee calculation study. This amount
shall not be credited against the Road Impact FN
payment.
C. The County Public works Director shall dttsrAis*JJ -44
independent fee computation study, 1) s s'4 t r
impact too formula Set forth in Soction,741M:v
complete, thorough, and accurate inf*=&tL*4J
prepared by a qualified individ"t ,air _a
in the Metro -Dade Impact Fee Kanu4l.
7
r
r
"at On
Alternate
Agenda Item go. 4(a)
Page No. 19
D. Upon approval of the independent fee calculation study
by the County Public Works Director, based on his
determination that the conditions described in Section
9C are fully met, the feepayer shall pay the amount of
the fee so computed.
E. Should the County Public works Director determine that
the conditions described in Section 9C are not fully
met by the independent fee study he shall issue a
letter to the applicant stating the deficiencies and
his intent to reject the independent fee calculation
study unless the deficiencies are corrected. If the
County Public works Director determines that the
deficiencies in the independent fee study have not been
corrected within 60 working days from the date of the
letter of intent, he shall issue a letter rejecting the
independent fee study.
F. Any appeals from a decision of the County Public Works
Director to reject an independent fee study because of
deficiencies shall be reviewed and decided by the
County Developmental Impact Committee Executive
Council, pursuant to the procedures set forth in the
adopted Impact Fee Manual.
G. In his annual review of the Impact Fee Ordinance the
County Manager may recommend to the Hoard of County
Commissioners that the type of use and fee rates A
approved pursuant to an independent study prepared
5
j under this section be added to or substituted in tl
K PF
! Impact Fee Schedule contained in Section 8. 1.
iSection 10 . ' Re,dwsv Tmnrnwvwt f"ww* ri 1�.» 1 wra tw T i au►s,fi-_
. t
A. In lieu of all or part` of the #
to Sections 8 or 9, t 3vh iub
e
r
�1 trot On
Alternate
Agenda Item No. 4(a)
Page No. 20
may accept the offer of a feepayer to construct all or
part of an off -site roadway improvement. All
contributions in -lieu -of -fee shall be in accordance
with the Comprehensive Development Master Plan and the
Short Range Transportation Improvement Program. Such
contributions in -lieu -of -fee shall be credited against
an impact fee in the amount determined by the County
Public works Director pursuant to Sections 8 or 9.
8. An offer by a feepayer to construct road improvement
contributions in -lieu -of -fee must be accompanied by
plans in sufficient detail to permit the County Public
Works Director to determine that County or State design
standards will be used and to determine the cost of
such improvements.
C. The County Public Works Director may accept or reject
an offer of contributions in -lieu -of -fee. When such
improvements are not consistent with standards set
forth in the Impact Fee Manual the Public Works
Director may reject the offer of contributions in -lieu -
of fee. If rejected, the Public Works Director shall
state in writing the reasons for the rejection. Any
appeal from such a decision of the County Public Works
Director to reject improvement contributions in -lieu -
of -fee shall be reviewed by the County Development
Impact Committee Executive Council pursuant to the
procedures set forth in the adopted Impact Fee Manual.
D• If the County Public works Director accepts an' off Of;
contributions in -lieu -of -fee, the f"Paytt` shall r `'
bond or letter of credit with the County ►11d,
Director equal to 110 percent of th**Oost6f
to improvement as determined by t ! County►
r
'Director. Upon receipt of e`sw�h b'b�,
a
County or City ehti-ty,."y
s.-.t
Not On
Alternate
Agenda Item No. 4(a)
^age No. 21
that part of the proposed development determined by the
County to be satisfied by the contributions in -lieu -of -
fee. Release of such bonds for contribution in -lieu -
of -fee shall not be issued by either the County or City
until such contributed improvements have been completed
and accepted by the County Public works Director or the
State.
E. If pursuant to Section 10A and 10B, the County Public
Works Director accepts improvements with a cost in
excess of the impact fee computed pursuant to Section 8
or 9 herein, the feepayer, upon written request, shall
be reimbursed for the amount of the excess cost as said
cost is determined by the Public works Director
pursuant to Section 10 0 of this ordinance. it shall
be the burden of the feepayer to make a written request
for reimbursement at the time of building permit
application. The feepayer shall only be eligible for
reimbursement after such time as the improvement is
completed and accepted by County Public Works Director
or the State. Reimbursements shall be made from
available monies existing within the corresponding
benefit district trust fund. No reimbursement shall be
made after six years from the date of first building
permit issuance.
Section 11 - Impact Fee Benefit District and Trust Accounts
A. To insure that fee -funded roadway improveomts will`
benefit impact feepaying development, all *oilii���
• impact fees shall be spent only for o#-lt1t�R' r
r
improvements within the benefit district--AAipk
rI
fee paying development is located. e
districts are delineated in Att4cbwent A ,
in detail in Attactswt t °*kjch: att.
Y
Ai
incorporated herein by X*f# o" " r
IF Ill
h
10�0
Net on
Alternate
I..rda item No. 4(a)
hereof. The full width of the r:jht-of-way of the
roadways that form a border of a benefit district shall
be considered to be within the district.
B. A separate interest bearing roadway trust account shall
be established for each benefit district and ill impact
fees collected by the County Public Works Director
shall be promptly deposited into the proper trust
account, except for General Administrative Costs paid
pursuant to Sections 9 and 12, which shall be directed
to County operating fund accounts. Impact fees
collected by municipalities pursuant to this ordinance
shall be transmitted to the County Public Works
Director at the end of each fiscal quarter except for
the portion of the General Administrative Cost
designated for retention by the municipality.
C. A financial report on the impact fee trust funds shall
be prepared and published. annually by the County
Manager.
Section 12 - Impact Fee Expenditures
A. Funds from the roadway impact fee trust funds,
including any accrued interest, shall be used only in
accordance with Section 11 for the purpose of financing
roadway improvements incorporated into the Dade County
a.
Metropolitan Planning Organisation's adopted Long Range
Transportation Plan or Short Range Trinspc�rtslKtR`
r
Improvement Program, except that an''- aeoejitt
exceed two percent (2t ) of the #toss l4rtNtli1 g 3.
used by Dade County to offset the test a '-`~#i
:he provisions of this ordin4nce-
xro-i
nr
t':�!}ieSt pii:cir;:y for rSL,.,
t
0tiet on
Alternate
agenda Item No. 4(a)
Page No. 23
by the Dade County Metropolitan Planning Organization
(MPO) as most needed to serve new development. Such
determination by the MPO shall consider a
recommendation from a Joint County/Municipal staff
Committee as provided for in the Metro -Dade Road Impact
Fee Manual. Trust account funds shall be deemed
expended in the order in which they are collected.
Policies to be used in scheduling the expenditure of
impact fee trust funds through the Long Range
Transportation Plan and Short Range Transportation
Improvement Program shall be set forth in the Impact
Fee Manual.
C. Roadway trust funds may be expended on roadway
improvements to the State roads network within the
i
benefit district. However, no Roadway Trust Fund shall
be expended on the State roads network unless such
expenditures are reimbursable by the State pursuant to
an interlocal agreement between the State and County
entered into pursuant to Section 163.01, F.S.
Reimbursements shall be deposited into the appropriate
benefit district trust account.
D. Each year the County Public works Director shall
present to the Metropolitan Planning Organization
pursuant to the organization's procedures for their
review and approval, the annual program for expenditure
of roadway improvements projects, utilizing road impact
fee trust fund monies, to be included within the
Transportation Improvements Program. The Pub -lie Works.
Director shall consider the recommended priorities,
determined by the Joint CountylKuaiclpai.Cqrpat4ftl
the expenditure of Aoad Impact t" ;roe%,
Trust fund . ,monies , incl -441mq any
assigned in any fiscal y*4 #. th y► b • `` "'
K
trust fund until OeM
�t On
Alternste
Agenda Item No. 4(a)
Page No. 24
provided by the refund provisions of this ordinance
pursuant to Section 13.
Section 13 - Refund of Impact Fees Paid
A. If a building permit encompassing feepaying development
expires or is revoked, the feepayer shall be entitled
to a refund of the impact fee paid from the County
Public Works Director except that the County and/or
designated City shall retain the General Administrative
Cost portion of the fee to - cover the cost of the
administration of the impact fee calculation,
collection and refund. However, no refund shall be
provided for impact fees deemed expended pursuant to
Section 13B or for the cost of completed improvements
contributed in -lieu -of -fee.
B. Any fee trust funds not expended by the end of the
fiscal quarter immediately following six years frou the
date the fee was paid shall be returned to the feapay4Vr
by the County Public works Director with acexuad;
interest. Funds shall be deemed expended for purposes
of this ordinance when a road contract or agreement
obligating all or a portion of the payment of said
funds shall be approved by Dade County. The Impact Fee
Manual shall set forth a procedure to be used for
identifying the source of monies expended and for
notifying feepayers entitled to refund.
SSctio_n 14�E311get Jong,and Credit#
A.
F
Governmental or public laiia�l>, ar+ y y
requirwwnt that 4PAct 1 s ha VOCJI
ore those patclla, ovoww 7
77:
owned by municipal, Co"ty, $14
governments, the Bade Conty #C �
y z
ay 3'
r't
Not On
Alternate
Agenda Item No. 49a)
Page No. 25
Florida Water Management District and related to the
operation of those entities and used for non-
proprietary purposes including, but not limited to,
governmental offices, police and fire stations,
airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures,
schools, parks and similar facilities in or through
which general government operations are conducted.
Privately owned properties or facilities leased for
general government operations and activities- and
private residential, commercial or industrial
activities constructed or operated through lease
agreements on public lands or in public facilities
shall not be considered governmental or public
facilities and shall be subject to the provisions of
this ordinance.
H. Unless provided for to the contrary in the current
effective development order, all development activity
which is subject to an existing Development of Regional
Impact development order adopted pursuant to Chapter
380, Florida Statutes prior to the effective date of
this ordinance in its entirety shall be exempt from
this ordinance with regard to development approved by
such development order. This exemption provision does
not apply to those development orders which may have
been revoked or determined to be null and void or to
any development not authorized in such development
order by Dade County or another unit of 16,641_.,
a
government in Dade County issuing such deY+B"
q gs► `
order. This exemption shall not agpty
additional development regardless o wheth t 8d;.:
such additional development constitutos a
._ .
deviation pursuant --to' Chapt*C- ,
c_ x p
F
Not on
Alternate
Agenda Item No 4 (a)
ige No. 26
C. Credit for up to the full amount of the impact fee
shall be given by the County Public works Director for
off -site roadway contributions, or payments 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 legislative or ministerial action approved
prior to the effective date of the ordinance adopting
the Impact Fee Manual. Credit shall be given to the
extent the contribution, payment or construction sects
the definition of offsite roadway improvement contained
in Section 5N of this ordinance. Any claim for credit
pursuant to this Section must be filed with the County
Public Works Director within one year from the adoption
of the Impact Fee Manual and shall be in accord with
the standards and procedures for issuance of credits
provided therein. A credit shall only be considered
against the fee due for improvement to those propertie's
• encompassed by the previous development order or action
contemplating the off -site roadway improvements. Any
feepayer claiming such credit shall present
documentation of construction costs or payment. The
same shall be considered by the County Public Works
Director in determining the amount of credit to be
given toward the impact fee. The County Public Works
Director shall be guided by the criteria set forth in
the Impact Fee Manual. No refunds shall be made under
this provision of this section. Any appeal from such a
determination by the County Public Works Director shall
be reviewed by the Developmental Impact ,Ctit
Executive Council pursuant to the pcocedute;a
in the adopted Impact Fee Manual.Insig4 ,,
n -AwAll 2f•Y x s
of
Y �i
�lftlt V!4
Alternate
Agenda Item No. 4(a)
Pave No. 27
A. Decisions of the County Public Works Director pursuant
to Sections 8A, 8B, 9F, 10C, 14B, may be appealed by
the feepayer to the County Developmental Impact
Committee Executive Council. Appeals of the decisions
of the Executive Council shall be to the board of
County Commissioners in accordance with procedures
specified in the Adopted Impact Fee Manual.
If a feepayer wishes to appeal an administrative
decision of the County Public- Works Director, the
feepayer shall first file a notice of administrative
appeal on a form specified in the Adopted Impact Fee
Manual with the Developmental Impact Committee
Coordinator. All appeals shall be filed within thirty
(30) days of the issuance of a written decision by the
Public works Director and shall be accompanied by a
letter which provides a full explanation of the
request, the reason for the appeal, and any supporting
documentation.
The Developmental Impact Committee Coordinator shall
schedule the appeal before the Executive Council as
soon as practically possible. The Executive Council
shall vote to affirm, reject or revise the decision of
the County Public works Director.
Section 16 - Vested Rights
Nothing in this ordinance shall limit or modify the rights
_
r
of any person to complete any development for which a lawful
building permit issued prior to the affective data of
ordinance and on which there has been • qo�a!�
and a substantial change of position. x.
A
ct'on 2 - Section 33-314, Co" of t ►t
.;un.y, Florida, a
is hereby as~on*W as 903_1+ ►IV
N`
t • _ a s tiy,a.. a
Alternate
Agenda Item No. 4(a)
Page No. 29
Section 33-314. Finality of District Boundary Changes and
Regulation Amendments.
(a) In addition to the powers set forth in sections 33-313
and 33-315, the Board of County Commissioners shall
have the authority and duty to directly hear and act
upon applications for the following matters:
j91 Upon application for, hear and decide anneals
where, it is alleaed there is an error in any
order, requirement, decision or determination wade
by the Developmental Impact Committee Executive
Council in the discharge of its duties as defined
in section 33E of the Code.
. . r
Section 3 If any section, subsection, sentence, clause of
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and be made a part of the Code of
Metropolitan Dade County, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
t
r • r '�
x'
' _ r
_Fo=_-all } sections which wand exieting
stricken through shall be deleted, 1 V
constitute the amenduent proposed, and ramint
are now in effect and remain unchanged.
Fy
4 � ;
�s ar
h.
two t Ori
Alternate
Agends Item No. 4(a)
eage No. 29
Section S• Section 7D of Chapter 33E of the Code of
,letropolitan Dads County, Florida as enacted by this ordinance
shall become effective 10 days after the date of its enacteent.
The remainder of this ordinance shall become effective one -
hundred eighty (190) days after the date of its en&Ctu* t.
However, the implementation of this ordinance shall not preeede
the effective date of the adoption of the Road Impact !ee Nanaal
set forth in Section 7D, Chapter 33E of the Code of Meiropolitah
Dade County, Florida as enacted by this ordinance.
PASSED AND ADOPTEDs
a tea++ r �p pxy r
t
1 � -
• =.S.sr, i��%:* xk R�, � ft; '' aM ta- +ty, sue.•.
��&��
ATTACIOMNT A
ROAD tVACT FEE BENEFIT DISTRICTS
out JIIYMI ,k Its
3 . �I •_; �• wtw t
!
4 w r rt r All • 11
rt J
w• «st .
wr I«1t �! wr Mr !
cl
gainIt ,rv^�f
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rw.r Now .� a
rrwewt "w �:�
i r,,♦ t �' Mac
f • w r � S/ lYCw
yLasup IT
YI
414161
1. Lac
�I fr rift ♦ tat (t�ittit i
1r •sr I r'
w.ltM •1wlf►► !. .�~ f!• intro
t � Imo•
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tt�tt��t ttttt i'+ j�
•
r—�ttti`�, tit tat t iY i gaga
• r 11f n a,y t 1
war r♦� M � � I •. ►N fi ..
I i
MHf *"a be � � fr ltir
ClCOrvt •KO M f r 1V of A
1NNf M f. M• p w .. � fa � a
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ple-0 mow
4-1
N
METRO-DA01 COUNTV•l►�,Ai+ ►
V
0
.r.
District 1
North:
Last:
South:
West:
District 2
North:
East:
South:
West$
District
North:
East:
South/
Nest:
District 4
North:
East:
South:
West:
District S
North:
East:
South:
West:
Qistrict 6
North$
East$
ATTACKKENT B
Okeechobee Road (U.S. 27), Airport Expressway
(s.R. 112), and 1-195
Biscayne Say and Government Cut
Sunset Drive (S.W. 72 Street), Coral Gables Canal,
and Biscayne Bay (Between Key Biscayne and Ra49ed
Keys)
Pa Lmotto Expressway (S.R. 026)
Broward County Line
Atlantic Ocean
I-195, Biscayne Bay, Government Cut
I-95 and Florida's Turnpike
Broward County Line
Florida's Turnpike and I-95
Airport Expressway (S-R. 112) and Okeechobee Road
(US 27)
Broward County Line, Okeechobee Road (U.S. 27)
Palmetto Expressway (SR 226)°
Sird Road (S.W. 40 Street) extended
Monroe County Line
Bird Road (S.W. 40 Street), extended, Sunset Drive
(S.W. 72 Avenue)
Palmetto Expressway, (SR 226), Biscayne Say
Eureka Drive (S.W. 104 Street), prone Avenue (S.W.
177 Avenue), Richmond Drive (S.W. 169 Street).
extendedr�
Monroe County Line
r_
Richmond Drive (S.W. 198 Itseet )
Avenue (S.W. 177 Avenue) • tw"" '!► +
Street).
Biscayne Ray (/etwen fe "9;4V ; ±I
Keys).
xoa o! County Lair�'<�
y..�.r'�w3'4i''
ri
t�klt Oft
Alternate
Acenda Item No. 4(a)
Page No. 16
IMPACT
TRIP GENERATION
PRt PER
:TE LAND
ITE LAND
MATE• (ADT),*
TRIP LtNGTN
UNIT Of
USE CODE
USE CODE
PER UNIT OF DEV
fmilei
0V
720
Medical Office Building
34.17/1,000 GSF
4.06
19S0
760
Research Center
6.09/1,000 GSF
0.06
700
770
Business Park
12.42/1,000 GSF
8.06
1429
neral Retail
620
0 - 10,000
166.35/1,000 GSF
1.25
1414
(50% new trips)
10,001 - 50,000
94.71
1.25
04S
(50% new trips)
50,001 - 100,000
74.31
1.25
663
(50% new trips)
100,001 - 200,000
58.93
4.0
1749
(52% new trips)
200,001 - 300,000
48.31
4.0
1516
(55% new trips)
300,001 - 400,000
43.00
0.06
2011
(57♦ new trips)
400,001 - 500,000
39.81
8.06
2701
(59% new trips)
500#001 - 600,000
37.69
8.06
2644
(61% new trips)
600,001 - 900,000
35.03
8.06
2578
(64% new trips)
600,001 - 11000,000
33.44
9.06
2613
(68• new trips)
1,000,001 - 1,200,000
32.38
8.06
2690
(72% new trips)
1,200,001 - over
31.05
8.06
2678
(75% new trips)
Services
911
Bank k (walk-in)
189/1,000 GSF
1.25
1696'`f,
(50% new trips)
912
Drive-in Bank
291.1/1,000 GST
lAS
(50% new trips)
$17
Nursery (Garden Center)
6.51/1,000 GSF
4.00
A
(759 new trips)
831
Quality Restaurant
95.62/1,000 GSF
0.06
A 'T
(75% now trips)
832
High Turnover Restaurant
200.9/1,000 GSF
4.00
$732 ',
(50• new trips)
833
Fast Food Restaurant
632.1/1,000 GSF
1.25
56 r(
(Drive -In)
(50% new trips)
841
Car Sales (New 6 Used)
47.52/1,000 GSF
0.06
40#4
(75% new trips)
844
Service Stations
748.00/Station
1.25
6472
(50% new trips)
851
Convenience Retail
887.1/1,000 GSF
1.25
(50% new trips)
7
f 4 t
.. ., .. . «'k
`i .'Yi f° t�� [di-'6,_1
�11R'•1y(p,� it 'Ly
yy'i�
22.�jA,r
i
/
1
isidot on
Alternate
Agenda
Item No. 4(a)
rage No. 15
IMPACT
TRIP GENERATION
FEE PEA
ITS LAND
ITS LAND
RATE* (ADT)••
TRIP LENGTH
UNIT OF
USE CODE
USE CODE
PER UNIT OF DEy
(Mile)
QFV
Port and Terminal
030
Truck Terminals
9.96/1,000 GSF***
9.06
S 1134
Industrial
130
industrial park
7.00/1,000 GSF
9.06
805
140
Manufacturing
3.85/1,000 GSF
8.06
443
ISO
warehousing
4.60/1,000 GSF
8.06
561
151
Mini -Warehouse
2.61/1,000 GSF
6.06
300
Residential
210
Singe-Family Detached
2.55/person
(03.03 person/unit)
8.06
®88
220
Apartment (Rentals of 4
2.81/person
or more units)
(11.82 person/unit)
8.06
S88
230
Duplex, Triplex
2.50/person
(02.63 person/unit)
8.06
757
230
Condominium, Townhouse
2.50/person
(02.58 person/unit)
8.06
742
240
Mobile Home
2.40/person
(01.80 person/unit)
8.06
497
Lodging
310
Hotel
8.7/room
8.06
1000
320
Motel
10.2/room
9.06
1173
330
Resort Hotel
10.1/room
8.06
1161
312
Business Hotel
7.27/room
8.06
036
Recreational
400
General Recreation
3.1/pk. space
8.06
357
420
Marina
3.0/berth
8.06
345
430
Golf Course
6.6/pk. space
8.06
759
492
Racquet Clubs
44.3/court
0.06
5094
Institutional
520
'Elementary School
1.03/student station
1.25
18
530
High School
1.39/student station
4.00
79
540
Junior/Community College
1.55/student station
8.06
179
550
University
2.41/student station
8.06
277
560
Church/Synagogue
7.70/1000 GSF
4.00
439
565
Day Care Center
67.0/1000.GSF
4.00
1912
(50% new trips)
Medical
610
Hospital
16.7/1,000 GSF
4.0
953
620
Nursing Home
2.6 bed
4.0
148
630
Clinic
23.8/1,000 GSF
4.0
1358
General Office
710
0 - 50,000
16.31/1,000 GSF
9.06
1875
50,001 - 100,000
13.72
8.05
IS78 4
100,001 - 150,000
12.40
8,06
150,001 - 200,000
11.54
8.0;
1
200,001 - 300,000
10.42
4.0
300,001 - 400,000
9.70
0.06
400,001 - 500,000
9.17
6.06
500,001 - 600,000
9.77
1.016
600,001 - 700,000
8.43
0.D.0
.
700,000 - Over
8.16
8,i�►
W
*Rates are derived from
Trip Generation, An Ia90s"tjeN►
Fourth Edition by the Institute
of Transportation
(ITE) September, 1997
•-Average Daily Traffic
• *Gross Square Feet
was
7
CITE' OF 041AM1, rLORIDA
INT[R41rfICE MEMORANDUM
�O Honorable Mayor and Members DATE SEP - 7 1988 ^�E
of the City Commission
susitcr proposed Dade Counter Impact
Fee Ordinance - Analysis of
10 the "Opt -Out" Provision
Cesar H. Odio RE�ER[Nt[s
City Manager
ENCLOSUREs
The County has passed on first reading an Impact Fee Ordinance, which will
have a considerable effect upon Municipalities within the County. The
ordinance returns to the County Commission for second reading on October 4,
1988. The potential ramifications of the proposed ordinance have been a major
concern of elected officials comprising the Dade League of Cities Board of
Directors. They have expressed concern that fees collected in one
municipality could potentially be expended in another Municipality which may
or May not have adopted its own impact fees. An amendment allowing cities to
"opt out" of the county fee was adopted along with the ordinance, some think
the amendment, accepted by commissioners as a 'courtesy", may not withstand
the October vote. With the opt -out amendment, individual cities would reserve
the right to refuse to adopt the County's impact fee within their
jurisdiction. However, County planners have repeatedly pointed out that the
County still bears the responsibility for extending services to new
development, whether or not they pay the impact fee. They have indicated that
other measures must be taken to fund the improvements, should the impact fee
ordinance fail or the opt -out provision render it a failure. The decision of
whether the City of Miami should support the opt -out provision is dependent
upon a variety of factors, one of which is the existing City of Miami Impact
Fee Ordinance and its correlation with the proposed ordinance. Also, there
are potential gains and losses to the City as a result of opting out.
Under provisions of the ordinance, any application for a building permit for
development activity within Dade County, will be subject to the imposition of
a road impact fee, according to a schedule outlined in the ordinance. All
applications filed within one year of the effective date of the ordinance are
subject to 50 percent of the computed impact fee. Building permits will not
be issued until payment of required impact fees and/or contributions in -lieu -
of -fee. The impact fee is based upon the capital cost of roadway improvements
required to serve any increase in transportation requirements resulting from
proposed development activities, together with impact fee administrative
costs, with two percent of the gross receipts to be retained by the
administering municipality. Impact fees unspent after a period of six yao
from date of Payment would be returned to the fee payer with accraed interest.
Pap I of a
�{ }� J
rz
0
0
Nonorable Mayor and Members
of the City Commission
Novernaental or public facilities, including Municipal, Counter, State and
Federal governments, the Dade County School board and South Florida Water
Management District and their related operations used for non-proprietary
purposes are exempt from payment of these impact fees. Also exempt is all
development activity subject to an existing Development of Regional Impact
development order, adopted pursuant to Chapter 380 of the Florida Statutes,
prior to the effective date of this ordinance. Credits are given to the
extent that voluntarily proffered improvements or payments, and/or
construction in -lieu -of payment, required under County or municipal
development orders meet the definition of off -site roadway improvements, as
they are defined by the ordinance.
Under the proposed ordinance, the County has established boundaries creating
benefit districts for expending the fees collected. The boundaries of these
districts, however, are not coterminous with municipal boundaries. Dade
County will determine, through its Short- and long -Range Transportation
Improvement Programs, how and where fees would be expended. Highest priority
for impact fee trust account expenditures will be for roadway improvements
deemed by the Dade County Metropolitan Planning Organization (MPO) as most
needed to serve new development. Such determination by the WO need only
`consider" a recommendation from a Joint County/Municipal Staff Committee.
Furthermore, such fees would not be expended for: (a) improvements to local
streets; (b) improvements to collector roadwa s that provide traffic
circulation within proposed developments; and (c� all roadway maintenance
activities. The fees would be used only for off -site arterial, and collector
roadway capacity improvement projects, incorporating the following: thru
lanes, turn lanes, bridges, drainage facilities in conjunction with road
improvement, traffic signalization, curbs, medians, shoulders, striping, and
traffic signsge, uti Wy relocation necessitated by roadway construction
sidewalks or bike paths within roadway rights -of -way, and other structural
improvements, shown by specific studies to enhance roadway capacity. Under
the provisions of the ordinance, roadway trust funds may be expended on
roadway improvements to the State roads network, within the benefit district.
However, no Roadway Trust Fund shall be expended on the State roads network
unless, such expenditures are reimbursable by the State, pursuant to an
interiocal agreement between the State and County.
The City of Miami Development Impact Fee differs from the proposed Dade County
fee, in that, it provides funding for local City street construction gnu. It
contributes funding for street construction over which, the City alone has
responsibility. As such, the City'impact fees do not address the same needs
as the County's proposed fee. Due to of the extensiveness of the proposed f
County benefit districts, the built -out nature of development in the City, the
tendency for arterial and major collector road construction to occur in lea '`"`
0
e
Nonorable Mayor and Members
of the City Commission
developed sections of the County, and the legal prohibition on use of impact
fees for maintenance purposes, it appears inevitable that a majority of the
fees, which would be collected in the City of Miami Mould, of necessity, be
expended for construction in those less developed or developing areas of the
County. The Planning Department estimates that less than ten percent of
Cresently proposed Dade County Transportation Improvement Projects, as defined
y the proposed ordinance, are presently targeted for the City itself.
Also, the indirect benefits to the City of improved arterial and collector
roadways outside the City should be considered. These arterial and collector
roads which carry traffic to and from the City contribute, to the tax base and
to the quality of life for those who reside in the City. Citizens who
presently, or would in the future, shop in the City and carry on business
here, may more likely do so if, the roads they travel on a daily basis have
adequate capacity to meet their needs.
Attached, is a summary of the estimated costs per square foot of new
development, which a developer in the City of Miami would pay in cumulative
City and County impact fees, as a result of the adoption of the Counter
ordinance. By choosing to opt out of payment of County fees, the City will
save its developers, additional up -front construction costs. The County would
then be forced to impose additional taxes or assessments countywide in order
to meet County road infrastructure costs.
The City Commission may consider adopting a resolution supporting or opposing
the proposed Dade County Impact Fee Ordinance. Furttm re, the City
Commission may consider supporting or opposing an adopted amendment to that
County ordinance which would allow municipalities to "opt out" or to reserve
the right to refuse to adopt the County's impact fee within their
Jurisdiction. Please let me know if any further action needs to be undertaken
on this matter.
Attachments: Estimated Cumulative City and County Impact Fees
,1 ,
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ORDINANCE $8-
ORDINANCE CREATING CHAPTER 33E OF THE CODE OF
METROPOLITAN DADE COVNTY, FLORIDA, RELATING TO THE
RZOVI ATION OF THE USE AND DEVELOPMENT OF LAND IN
DADE COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION
OF AN IMPACT FEE ON NEW DEVELOPMENT IN DADE COUNTY
TO BE USED TO PROVIDE FOR ROADWAY IMPROVEMENTS
NECESSITATED BY SUCH DEVELOPMENT; PROVIDING *OR
SHORT TITLE, AUTHORITY AND APPLICABILITY, INTENT
AND PURPOSE, RULES OF CONSTRUCTION AND
DEFINITIONS; PROVIDING FOR ROAD IMPACT FEE
IMPOSITION, IMPACT FEE FORMULA, IMPACT • FEE
COMPUTATION APPROACHES, CONTRIBUTIONS IN -LIEU -OF -
FEE; PROVIDING FOR IMPACT FEE BENEFIT DISTRICTS
AND TRUST ACCOUNTS, IMPACT FEE EXPENDITURES,
REFUND OF IMPACT FEES, EXEMPTIONS AND CREDITS AND
APPEALS OF ADMINISTRATIVE DECISIONS; AMENDING
SECTION 33-314, CODE OF METROPOLITAN DADE COUNTY,
FLORIDA, RELATING TO ORIGINAL JURISDICTION OF
BOARD OF COUNTY COMMISSIONERS TO REVIEW CERTAIN
ADMINISTRATIVE DECISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS, The Comprehensive Development Master Plan for Dade
County, adopted July 1979 pursuant to Chapter 163, F.S., as
amended, established the goal to:
"Insure that the provision of services are coordinated
with development and redevelopment and are available to '
all (Provision of Services, page 7),
and set forth the policies to:
"Allow development or redevelopment in new areas or in
already populated areas only at such time as all
i development standards and
requirements,
including
the
provision of services, are
accomplished"
(Provision
of
Services A6, page 8),*,
"Direct growth in a manner
whereby public
•ervices
can;
F be effectively
y provided without adversely
aff*cttg
the
general welfare of the
E
compunit "
Y (tra�rIsuoa
o!
Services BZ, page 9),
-N'
and recmmsnded
the
use of
roadway
impact
fees for the
implementation of
these
growth
regulation
policies
in order that:
"the cost of essential public facilities and services
can more fairly be borne by the owners of new
construction and development who make these costs
necessary . . (Implementation, page 235).
and
WHEREAS, the Dade County Home Rule Amendment to the Florida
State Constitution, Article VIII Sec. 6 Florida Constitution
1966, the Dade County Charter, Section 1.01 and Chapter 380,
Florida Statutes, authorise the regulation of land development,
which includes the imposition of developmental impact fees; and
WHEREAS, Dade County and Dade County municipalities accept
and/or receive road rights -of -way and on -site improvements
through subdivision and zoning regulations; and
WHEREAS, Dade County and Dade
County municipalities utilise
Section 380.06, Florida Statutes, (Developments of Regional
Impact) to regulate large-scale
developments, in part, by
accepting from the developers the
voluntary dedication of road
rights -of -way and the construction
of off -site road improvements
that are outside of and not
immediately bordering land
developments but are necessary
both to mitigate adverse
transportation impacts resulting from such developments and to
serve said developments; and
ei ;
WH MM, the year 2003 lotto
-Dade Tr1l t t y
adopted by the Dade County Metropolitan Dlg=4"
(MFO), established roadway service
.
19"Is, ONn
�AMI
and future road facility needs, sad de�pM!�,p r3A;
road facility i" covemsnts would bs
tequis"sd to pWK s
for the County j and
■E
A. Dade County government has Countywide responsibility
for the provision of an adequate arterial roadway
system and the authority to establish, coordinate and
enforce zoning and such business regulations within
Dade County municipalities as are necessary ,for the
protection of the public.
e. Pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act, Chapter 1631, Part
II Florida Statutes, the proper regulation of growth in
Dade County requires that land development be
accompanied by road facilities that are adequate to
serve the development and to mitigate the traffic
impacts of such development.
C. An adequate level of roadways serving the County eKists
when the arterial system as a whole operates at uevel
of Service D or better during peak hour.
D. Land development and redevelopment in the County
generates additional travel trips and consumes roadway
capacity.
E. Existing subdivision, zoning and Development of
Regional Impact (DRI) regulations by themselves are
insufficient to fully mitigate the roadway impacts of
all now developments and
rE ,x
F. she proper regulation of land developowt sequjUm tbtt 'r
developers of new land davelop■iaet in Deft gamV
5
ahoald contribute a preportiaaate share of tiw awty x
providing road facilities necessary to Im m -p ltt! t �
additional travel trips enfs'at►ed
9 �" ` ice► rwiM�*
a
iti
0. A road impact fee collected at the time of additional
development in Dade County is needed to fund a portion
of the otherwise unfunded capital costs of required new
roadway facilities in Dade County, which facilities are
required to serve such development and help absorb its
impacts.
H. The road impact fee system contained in this .ordinance
establishes a method of assessing new development in
Dade County for its proportionate share of road
improvement costs based on the impacts created and
benefits received.
I. The designation by this ordinance of geographical areas
(benefit districts - see Attachment W ) within which
the road impact fees established in this ordinance must
be spent ensures that fees collected will be spent to
benefit the road system, and thus the new development,
located within such districts.
J. The transportation planning processes of the Dade
County Metropolitan planning Organisation must be
utilised to assure that the impact fee revenues within
the benefit districts are properly expended.
NOON, THEREFORE, BE ORDAINED BY THE BOARD OF COUNTY
CONNISSIONM OF DADE COUNTY:
Section
Chapter 33E of the Code
of Metropolitan Dade
County, Florida
is hereby created to read as
toj&ow=
motion -Inc,... or���ltion by Mix arn►oea
Ict y
�`
The matters set forth above
axe hereby
adopted and inc9ate4►
.:ram
ywtion 2 - Short Title. Authority and Aoolicability
A. This ordinance shall be known and may be cited as the
"Dade County Road Impact Fee Ordinance."
B. The Board of County Commissioners of Dade County has
the authority to adopt this ordinance pursuant to
Article VIII, Section 6 of the Constitution of the
State of Florida, Section 1.01 of the Charter of Dade
County and Chapters 163 and 380, Florida Statutes.
C. This ordinance shall be applicable to land dew lopsient
in the entirety of Dade County.
Section 3 - Intent and Purposes
A. This ordinance is intended to implment and be
consistent with the Dade County Comprehensive
Developisent blaster Plan adopted pursuant to Chapter
163, Florida Statutes.
B. The purpose of the ordinance in regulating devislop wnt
is to ensure that all new dewloymnt bears its
proportionate share of a portion of the capital cost of
road facilities necessary to allow an adequate level of
roadway service.
Uc__ion,4 - Rules of Construction
46
t ;
7►. The provisions of this ordinance shall' be° 1113r• , y
construed to effeetivelp carry out its pnspoN 1A,
interest of the public health, aafaty tiot. Weltait.
S. For the purposes of administration MW W ,
( i) if there is any con lict between the text of this
ordinance and any table, summary table or
illustration, the text shall control.
(2) The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(3) The phrase "used for" includes "arranged for",
"designed for", "maintained for", or "occupied
for".
(4) The word "person" includes an individual, a
corporation, a partnership, an incorporated
association, or any other similar entity.
(5) The word "includes" shall not limit a term to the
specific example but is intended to extend its
meaning to all other instances or circumstances of
like kind or character.
(6) The word "he" means "he or she" and "his` mans
"his or her".
section S - Definitions
A. "Arterial Roadway" means a roadway intended to eerre
moderate to large traffic volumes trawling relativ*ly
1=9 distances. These facilities are charact.erlssd �► r
b*p 4}iy
lMg trip lengths and high speeds and s
r
D. "City Manager" rang the ch4ef ,
of a Dade Catnty manicipalLty
I
a
C. "Collector Roadway"
y esaaa a
to am" as the coaretin4 Asir tic .
to provide antra -neighborhood transportation. Mere
facilities are characterised by relatively short trip
lengths and moderate speeds and volumes.
D. "County Manager" means the chief administrative officer
of Metropolitan Dade County or his designee.
S. "County Public Works Director" means the director of
the Metropolitan Dade County Public Works Department or
his designee.
F. *Dade County Metropolitan Planning organizations or
"MPO" means the local government entity designated by
the Governor, pursuant to Chapter 339.175, F.B. for the
management of transportation planning process in Dade
County.
G. "Development activity, "development" or activity"
means any activity for which a building permit is
required pursuant to the South Florida Building C1
and/or any applicable County or municipal ordinance.
H. "Existing
Development" means that development
activity
which physically exists or the landowner holds
a valid
building
permit as of the effective date
of this
ordinance
or that maximum level of development
activity
for which
a previous impact fee was paid under the
provision
of this ordinance.
I . "l�e�payer"
mieans a person intdidq i`Iir,`
v
proposed development for which
computation is required, or a pdreon !'=
impact fee, provided a letter of
Y '
contribution in -lieu -of -tee pn�rit
'Local of Service" is the qualitative measure of
traffic service provided by a road under a particular
volume condition as described in the Highway Capacity
Manual, Special Report 209, 1995, published by the
nonprofit Transportation Research board of the National
Research Council serving the National Academy of
Engineering.
lc. "Local street" weans a roadway which has the .primary
function to serve adjacent property by providing the
initial access to the highway network. These
facilities are characterised by short trip lengths, low
speeds, and small traffic volumes.
L. "Long Range Transportation Plan" vans the Adopted
Metro -Dade Transportation Plan or successor document
adopted by the Dade County Metropolitan Planning
Organisation.
!I. "Metro -Dade Road Impact Fee,
Manual" or
"Impact !eo
Manual" mans
the document
prepared by
the County
Manager and
adopted by
the Hoard
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
ordinance.
N. "Off -site roadway impsovsstent" or "off -site
improwmnt • asaaas any arterial and aol lector wmajugg
iaipra+rw t loaaU outside of tam borondasi+rs o M
Gael proposed for dsvelep■ at es P1set" -'s *
y
parceI excluding those improvements r"ui
dedicated or l.Npsoved purouaat
Bonin* srgulatio�ur. This. �td�y a3,as � �.;��.
roadway improvements, iaclnd M .
dsdLeation, which arg located hplod t&*".�
9
#M1.
of -way limits specified in Section 33-1330 Dade County
Code.
0. "Road impact fee", "fee", or "impact fee", means the
proportionate share charge required to be paid in
accordance with this ordinance.
P "Road Impact Fee Schedule" or "impact fee -schedule"
means the table of impact fee per unit of development
used by the Public Works Director in computing the
roadway impact fee pursuant to Section 8 of this
ordinance.
Q. "Roadway capacity improvement" or "roadway improvement"
means preliminary engineering, design studies, land
surveys, engineering, right of way acquisition (off -
site), permitting, construction and, installation
and/or modification for off -site arterial and collector
roadway projects incorporating the following:
(1)
Thrn lanes,
(2)
(3)
(4)
Turn lanes,
Bridges,
Drainage facilities in conjunction w,itb
improvesiegists
,
Traffic signalisation,
Curbs, medians, shoulders, striping, and traffic
signage,
utility relocation nompottatod, XP }
construction, r
a "
dsMa ks or bike pat" VAULA =powsY � ►�* � ��,
=: r
May, and
�t
etudes to*sham".ln.
The following shall not be considered roadway capacity
rovemonts for purposes of this ordinance: (a)
improvements to local streets= (b) improvements to
collector roadways that provide traffic circulation
within proposed developments and (c) all roadway
maintenance activities.
R. "Short Range Transportation Improvement program" means
the five year roadway program adopted annually by the
Dade County Metropolitan planning Organisation as
amended from time to time.
S. "unit(s) of development" means a quantifiable increment
of development activity dimensioned in term of
dwelling units, 1,000 square feet of floor area,
hotel/motel rooms, parking spaces, students or other
appropriate measurements contained in the impact fee
schedule or in Trip Generation, fourth Edition,
September, 1987, published by the Institute of Traffic
engineers.
Section 6 - Road Impact Fee Zmposition
A. Any application for a building permit for development
activity within Dade County shall be subject to the
imposition of a road impact fee in the manner and
amount set forth in this ordinance. However, all
applications for building permits filed within one (1)
year of the effective date of this ordimawft shaU -be
obligated to provide for f if ty-prsoest (Ell i } 09
tl '
oomputed impact fee as determined bsreia.
No such bedding pessLt shall be = isftl T 'by 00 `V t *
or any Dade County municipality Unless tad
applieent has paid sue, Ifteft ifti-ft
letter of esrdit Oft - *a* 100aft I"
• Aft
acceptable to the Dade County Public Works Director,
for contributions in -lieu -of -fee as provided in Section
10. This shall not prohibit a feepayer from initiating
an independent fee computation study as provided for in
Section 9 herein.
B. Notwithstanding the payment of a road impact fee or
provision of a contribution in -lieu -of -fee in
conjunction with land development activity,. other
State, County and municipal development regulations may
limit the issuance of building or use permits for
development activity.
Section 7 - Road Impact Pee formula
A. The feepayer shall pay a road impact fee amount based
on the formula set forth below. Such fee will be based
on the capital cost of roadway improvements required to
serve any increase in transportation requirements
resulting from proposed development activities together
with impact fee administrative costs. The formula to
be used to calculate the road impact fee shall be as
follows:
1)
Total Trips - Proposed Units of
Development t Trip
Generation Rate E 97• Trips
Mon -transit Z 1/2
Trips Attributable to Proposed Development.
2)
Now Lane Miles Total Trips S Trip Lma9th • 0,100 z
Average Daily vehicles Capacity
Per Lane Kilo.
3)
Road Cost Now Lane !tiles S
$320#"0
Mile (Rxclusive of Right of Way
h
Cow")
4)
Not Road Cost NOW CMt *.
pp yI R
r,
Casts Credited ft, Now V
�p
Fy' v
License lees
I
S) Road Impact roe • Net Road Costs + 2% General
Administrative Costs
it. In the case of development activity involving a change
of use and/or magnitude of use in which a building
permit is required, the proposed development shall be
required to pay an impact fee only for any increase in
the development activity. The impact fee shall. be the
difference between the computed impact fee for the
proposed development activity and the computed impact
fee for the existing development activity as defined in
Section 5. Any building permit which expires or is
revoked after the effective date of this ordinance and
for which a fee has not previously been paid under this
ordinance shall be required to comply with the
provisions herein. No refunds will be given for
proposed development activity resulting in a negative
fee calculation.
C. No impact fee payment shall be required for any
applicants seeking development activity for which the
computed fee amount under the terms of this ordinance
is less than fifty dollars ($50.00).
The above formula shall be used to compute the amount
of the fee to be paid using either of the approaches
set forth in Section 8 or Section 9, at the election of
the feepayer.
D. The County Manager, pursuant to ioction 8 42
Code of Metropolitan Dade County shall, 10*e9004 "r .
board of County CoonLasioners in Obit 1" - t �
prior to the effective date of this' bM0— l
Dad• Road Impact !eo MMual tUt NMI-& 10
administration of this"it'
Manual shall contain the tollowLegs
ter,
(1) The procedure for the designation of City
administrative staff, as provided for by a
memorandum of agreement, to administer any part of
the impact fee process or procedure; as well as
the specific procedure for entering into such a
memorandum of agreement,
(2) The independent fee calculation methodology
relating to Section 9,
(3) The portion of the General Administrative Cost set
forth in Section 12A that may be retained by any
City designated to administer a portion of the
impact fee process or procedure,
(6) The independent Study Administrative Cost provided
for in Section 92,
(S) The standards and procedures for issuance of fee
credits set forth in Section 14C, and
(6) The standards, procedures and other matters
required to administer Sections 7 thru 15.
i. The County Manager shall periodically review the
contents of the adopted Road Impact Fee Ordinance and
-f
Impact Pee Manual and, if appropriate, make
recosm�endations for revisions to the adopted Road r
Impact Fee Ordinance and impact Fee manual to';the
of County Commissioners. The Board"
Commissioners shall consider the Codnt xbn
recommendod revision(s) to tbo ►` y
Wee OedLn"eo and the impact !!e Nauaal at Waft
erelY trelVe months. The Xanavor s s'aool sty a
the Cowission ' s active shall ftevx* t at l '
i
to a fee paying development are equitable in that the
fee charged to the paying development
shall not exceed
a proportionate share of the costs of
mitigating road
impacts, and
the procedures for administering the
impact fee process remain efficient.
59cti2n 0 - Fee Computation By Adopted Schedule
The feepayer may
elect to allow the County public Works
Director to use the
Impact Fee Schedule
set forth below
developed pursuant
to the formula set forth
in Section 7A.
A. The following
Impact Fee Schedule shall
be used by the
County Public
Works Director in computing the road
impact fees
IMPACT
TRIP GENERATION
FEE PO
ITE LAND
ITE LAND
RATE* (ADT)**
TRIP L911 TH UNIT OF
USE CODE
E CWz
PER UNIT OF DEV
(stile ) RE
Port apd. lgainal
030
Truck s
9.86/1,000 GSF***
9.06 $ 11
IInndduust
130
Industrial Park
7.00/1,000 GSF
8.06 405
140
Manufacturing
3.85/1,000 GSF
8.06 4#3
150
Warehousing
4.88/1,000 GSF
8.06 561
151
Mini -Warehouse
2.61/1,000 GSF
8.06 300
Residential
210
Sing a -Fan ly Detached
2.55/person
(l3.03 person/unit)
0.06 8$8
220
Apartment (Rentals of 4
2.81/person
or more units)
(11.82 person/unit)
9.06 589
230
Duplex, Triplex
2.50/person
(12.63 person/unit)
8.06 757
230
Condominium, Townhouse
2.50/person
(02.5 person/unit)
8.06 742
240
'
Mobile Home
2.40/person
(01.0
9.06
person/unit)
310
Lodging
�q
Hotel
'S 8.7/room
..
8.06 z��
320
Motel
.,
f330
Resort hotel
10.I/roow
S.
312
Business Hotel
7.27/room
9w "
*totes are derived from
t h
Trip GoneratLvn, An InfoxmUo"I
Dort Edition by the Inst tvte of TranspozUtiod al
(ITS) Septewber, 1987
"Average Daily Traffic
***Gross square Fat
e
0
IMPAC'
TRIP GENERATION
!tt P191
TE LAND
ITR LAM
PA"* (AM)**
TRIP LROOTN
=IT 01
J E CODE
vst ,sgp-g
P!R UNIT OF OEV
iuilal
MY
400
Recreat ona
n* al, Recreation
3.1/pk. space
8.06
337
420
Marina
3.0/berth
9.06
34S
430
Golf Course
6.6/pk. space
9.06
7S9
492
Racquet Clubs
44.3/court
8.06
5094
520
ns itut
tlwnntary School
1.03/student station
2.25
18
530
Nigh School
1.39/student station
4.00
79
540
Junior/Comunity College
1.55/student station
8.06,
178
550
University
2.41/student station
8.06
277
560
Church/Synagogue
7.70/1000 GSF
4.00
439
565
Day Care Center
67.0/1000 GSF
4.00
1912
(50% now trips)
Medical
610
asp tal
16.7/1,000 GSF
4.0
9S3
620
Nursing None
2.6 bed
4.0
148
630
Clinic
23.8/18000 GSF
4.0
1358
General Office
710
0 - 50,000
16.31/1,000 GSF
8.06
1875
50,001 - 100#000
13.72
8.06
1578
100,001 - 1501000
12.40
8.05
1426
150,001 - 200,000
11.54
8.06
1327
200,001 - 300,000
10.42
9.06
1198
300,001 - 400t000
9.70
8.06
ills
400,001 - 5000000
9.17
9.06
lOS4
5001001 - 600,000
8.77
9.06
1009
600,001 - 700,000
8.43
8.06
969
700,000 - Over
8.16
8.06
938
720
Medical Office Building
34.17/1,000 GSF
4.06
*1950
760
Research Center
6.09/11000 ta8F
9.06
700
770
Business Park
12.42/1,000 GSF
8.06
1428
�ne�ral
Retail
820 0 - 10,000
166.35/1,000
GSF
1.25
1494
(50% now
trips)
10,001
- 50,000
94.71
1.25
945
(50• now
trips)
50,001
- 1001000
74.31
1.25
663
(50% now
trips)
100,001
- 200,000
58.93
4.0
1749
(52% now
trips)
200,001
- 300,000
48.31
4.0
1516
(55% now
trips)
300,001
- 4000000
43.00
8.06
2119
400,001
- 5001000
(57% now
39.81
trips)
9.0
�k,•v
87l
500,001
- 600#000
WJ 59• now
37.69
trips)
•�#
,
600,001
- 1000000
(61 t now
35.03
trips)
•'
a ,
900,001
- 10000#000
640 new
IS.44
trips) _..
.at`
new
trips)
10,000, 001 •- 1, 20k0,000
1694
2."
0.Oi
Y
72t aw
trips)1,200,001
- Over
11-05
8.0#
(7511 nw
trips)
S ? F
t
11
IMPACT
TRIP GENERATION
FEE PER
TE LAND
ITE LAND
RATE* (ADT)**
TRIP LENGTH
UNIT OF
►SE CODE
U E CORE
PtR UNIT OF DEV
( ile,�
QEv_
erviees
911
lean (walk-in)
189/1,000 GSF
1.25
1616
(50• new trips)
912
Drive-in Bank
291.1/1,000 GSF
1.25
2597
(50% new trips)
817
Nursery (Garden Center)
6.51/1,000 GSF
4.00
279
(75% new trips)
831
Quality Restaurant
95.62/1,000 GSF
0.06
8247
(7S% new trips)
632
High Turnover Restaurant
200.9/1,000 GSF
4.00'
5732
(50% new trips)
833
Fast Food Restaurant
632.1/1,000 GSF
1.25
5630
(Drive -In)
(50% new trips)
841
Car Sales (New i Used)
47.52/1,000 GSF
8.06
4098
(75• new trips)
644
Service Stations
748.00/Station
1.25
6672
(501 new trips)
851
Convenience Retail
887.1/1,000 GSF
1.25
7913
(501 new trips)
B. If the type of activity within a proposed or current
development is not specified in the above Impact Fee
Schedule, the County Public Works Director shall use
the activity most nearly comparable in computing the
fee. In making this determination the County Public
Works Director shall be guided by Trio Generation,
Fourth Edition, September, 1997 published by the
Institute of Transportation Engineers, and, based on
the same or similar method of trip generation rate and
trip length determination.
C. In determining existing development activity, as
defined in Section 5H of this ordinance, and the units
of proposed or existing development, the County Public
Works Director shall use the building permit and
certificate of u& information contained in the resoxdt
? F�;
of the Dade County Building and Zoning Dopartssrt Seal
manicipel building code and son `
administering agencies.
y�
Section 9 - fee Computation ft Independent Studv
The feepayer may elect, either prior to or subsequent to
paying the scheduled impact fee (Section a), to utilise an
independent fee computation study pursuant to the formula
set forth in Section 7A. The fetpayer shall provide the
County Public Works Director Notice of Intent to utilise an
independent fee computation study prior to, but .no later
than the time of application for a building permit. All
such studies initiated after the issuance of a building
permit shall be completed and submitted to the Public Works
Director within six (6) months of issuance of building
permit. Nothing within this Section shall allow a building
permit for development activity to be issued without the
payment of a Roadway Impact Fee as provided for in Section 6
herein.
A. If the feepayer elects to utilise an independent fee
computation study, the feepayer
shall, at his own
expense, prepare and present to the
County Public Works
Director such a study that shall
document the basis
upon which the value of each of the components of the
fee formula set forth in Section
7A was determined.
The feepayer shall follow the
impact fee study
methodology contained in the Impact Fee Manual.
Subjects of the study shall include
the following
unless determined otherwise by
the public Works
Director.
1) Trip Generation rates
r.,�:
2) Average vehicle trip length
f .
3) New vehicle trip rates
J
~`
6) Non -transit trip percentages
S. The feepayer shall, at the t11
`.A
computation study fs ~!ul �Icsed W0
;
Works Director, pay to the County Public Works Director
a non-refundable Independent Study Administrative Cost
in the amount set forth in the Impact Tee Manual to be
used solely by the County for the processing and review
of the independent fee calculation study. This amount
shall not be credited against the Road Impact Tee
payment.
C. The County Public Works Director shall determine if an
independent fee computation study: 1) adheres to the
impact fee formula set forth in Section 7A; 2) provides
complete, thorough, and accurate information; and 3) is
prepared by a qualified individual or entity as defined
in the Metro -Dade Impact Tee Manual.
D. Upon approval of the independent fee calculation study
by the County Public Works Director, based on his
determination that the conditions described in Section
9C are fully net, the feepayer shall pay the amount of
the fee so computed.
E. Should the County Public Works Director determine that
the conditions described in Section 9C are not fully
met by the independent fee study he shall issue a
letter to the applicant stating the deficiencies and
his intent to reject the independent fee calculation
study unless the deficiencies are corrected. If the
County Public Works Director determines that the
deficiencies in the independent fee study have not beep:
corrected within 60 working days from the date of the
letter of intent, he shall issue a letter arejeati" aw
independent fee study.
:Y
T ion of .O
• 11Ay appeals from a decis � ;��� �
Director to to ject on i t . #fir ; him-, 4
dO Leiencies shall be s*rt*vW *W, ,
County Developmental Impact Committee axecutive
Council, pursuant to the procedures set forth in the
adopted Impact Fee Manual.
G. In his annual review of the Impact Fee Ordinance the
County Manager may recommend to the board of County
Commissioners that the type of use and fee rates
approved pursuant to an independent study. prepared
under this section be added to or substituted in the
Impact Fee Schedule contained in Section S.
Section 10 - Roadway Improvement Contributions In -Lieu -of -Fee
A. In lieu of all or part of the fee determined pursuant
to Sections 8 or 9, the County public Works Director
may accept the offer of a feepayer to construct all or
part of an off -site roadway improvement. All
contributions in -lieu -of -fee shall be in accordance
with the Comprehensive Development Master Plan and the
Short Range Transportation Improvement Program. Such
contributions in -lieu -of -fee shall be credited against,
an impact fee in the amount determined by the County
Public works Director pursuant to Sections 8 or 9.
a. An offer by a feepayer to construct road improvement
contributions in -lieu -of -fee must be accompanied by
plans in sufficient detail to permit the County Public
Works Director to determine that County or State das44;n
standards will be used and to determiaW the CONt,�*f
such improvements.
f
Rrn`a
C. '!'!Wi County Publfe Mocks QiseCtow wbr MdqW.:
an Otter of coetributivWs ia•liee-l-l�M. ' ;
Loprovements are not consistent witb_:D y
foapth in the !matt h!
Director way reject the of #s - 0j
of fee. If rejected, the Public Works Director shall
state in writing the reasons for the rejection. Any
appeal from such a decision of the County Public Works
Director to reject improvement contributions in -lieu -
of -fee shall be reviewed by the County Development
Impact Committee Executive Council pursuant. to the
procedures set forth in the adopted Impact Fee Manual.
D. If the County Public Works Director accepts an offer of
contributions in -lieu -of -fee, the feepayer shall post a
bond or letter of credit with the County Public Works
Director equal to 110 percent of the cost of the agreed
to improvement as determined by the County Public Works
Director. Upon receipt of such bond, the appropriate
County or City entity may issue building permits for
that part of the proposed development determined by the
County to be satisfied by the contributions in -lieu -of -
fee. Release of such bonds for contribution in -lieu -
of -fee shall not be issued by either the County or City
until such contributed improvements have been completed.
and accepted by the County Public Works Director or the
State.
E. If pursuant to Section IOA and 108, the County Public
Works Director accepts improvements with a cost in
excess of the impact fee computed pursuant to Section B
or 9 herein, the feepayer, upon written request, shall
be reimbursed for the amount of the excess cost as said
cost is determined by the Public Works DirecteC"
rt'
pursuant to Section 10 D of this ordinance. It sib
�Z sa
be the burden of the feepayer to make a written requWt
for reimbursement at the time of buildi
ng t <s<
Tom'
application. The feepayer Shall only
reimbursement after such time as thesp=ry1s"''
completed and accepted by County Public Notice
or the State. Roimbursewnts shall be y.5
Rf�
_^'yy
available monies existing within the corresponding
benefit district trust fund. No reimbursement shall be
made after six years from the date of first building
permit issuance.
Section 11 - Iwcact Fee Benefit District and Trust Accounts
A. To insure that fee -funded roadway improvements will
benefit impact feepaying development, all collected
Aspect fees shall be spent only for off -site roadway
improvements within the benefit district in which the
fN paying development is located. These benefit
districts are delineated in Attachment A and described
in detail in Attachment B which attachments are
incorporated herein by reference and made a part
hereof. The full width of the right-of-way of the
roadways that form a border of a benefit district shall
be considered to be within the district.
B. A separate interest bearing roadway trust acoonat shall
be established for each benefit district and all impact'
fees collected by the County Public Works Director
shall be promptly deposited into the proper trust
account, except for General Administrative Costs paid
pursuant to Sections 9 and 12, which shall be directed
to County operating fund accounts. Impact fees
oollected by municipalities pursuant to this ordinance
shall be transmitted to the County public Works
Director at the end of each fiscal quarter except JM
the portion of the General Aftinistrative Owg
..r
designated for retention by the MARielpalttp. ;. .
t
C. financial report on tde japaft fM tg%" ft,*-ON"
Y
be prepared aAd`
publisded 4MM44y:. byl�coo
Manager.
_r
a
Section 12 - Imact Fee Expenditures
A. Funds from the roadway impact fee trust funds,
including any accrued interest, shall be used only in
accordance with Section 11 for the purpose of financing
roadway improvements incorporated into the Dade County
Metropolitan Planning Organisation's adopted Long Range
Transportation Plan or Short Range Transportation
Improvement Program, except that an amount -not to
exceed two percent (2i) of the gross receipts shall be
used by Dade County to offset the cost of administering
the provisions of this ordinance.
B. Highest priority for impact fee trust account
expenditures shall be for roadway fmprovements deemed
by the Dade County Metropolitan Planning Organisation
(MPO) as most needed to serve new development. Such
deteanination by the MPO shall consider a
recommendation from a Joint County/Municipal staff
Committee as provided for in the Metro -Dade Road Impact
Fee Manual. Trust account funds shall be deemed
expended in the order in which they are collected.
Policies to be used in scheduling the expenditure of
impact fee trust funds through the Long Range
Transportation Plan and Short Range Transportation
Improvement Program shall be set forth in the Impact
Fee Manual.
C. Roadway trust funds may be expended on rq*4"jy
l.�pr%IV to to the State roads network within the
benefit district. However, no Roadway Trost rv" aMll
he expended on the State roads network y a"W
9xPonditures are reiwbmur*able by tAe
an interlocal agreement between .tom St t
*nterad into pursuant to f m
40rsements shall he
benefit district trust account.
Y, ,.
D. Bach year the County Public Works Director shall
present to the Metropolitan Planning Organisation
pursuant to the organisation's procedures for their
"view and approval, the annual program for expenditure
of roadway improvements projects, utilising road impact
fee trust fund monies, to be included within the
Transportation Improvements program. The Public Works
Director shall consider the recommended priorities as
determined by the Joint County/Kunicipal Committee for
the expenditure of Road Impact fee trust fund monies.
Trust fund monies, including any accrued interest not
assigned in any fiscal year, shall be retained in the
trust fund until the next fiscal year, except as
provided by the refund provisions of this ordinance
pursuant to Section 13.
Section 13 - Refund of impact lees Paid
A. If a building permit encompassing feepaying development.
expires or is revoked, the feepayer shall be entitled
to a refund of the impact fee paid f rom the County
Public Works Director except that the County and/or
designated City shall retain the General Administrative
Cost portion of the fee to cover the cost of the
administration of the impact fee calculation,
collection and refund. However, no refund shall be
provided for impact fees deemed expended pursuantto
1 section 13H or for the cost of completed irp;rb�iiiiirai
contributed in-lieu-cf-fee.
m'
y fee trust funds not expended by
fissal gnartdr immediately followi,iq f'`
Jh
f; w
date the fa was paid shall be rites" ¢ t"
by the County ftbiit Noft
interest. tends shall be d*eiMd a {
of this ordinance when a road contract or agreement
obligating all or a portion of the payment of said
funds shall be approved by Dade County. The impact Fee
Manual shall set forth a procedure to be used for
identifying the source of monies expended and for
notifying feepayers entitled to refund.
Section 14 - Exemptions and Credits .
A. Governmental or public facilities are exewpt from the
requirement that impact fees be paid. Such facilities
are those parcels, grounds, buildings or structures
owned by municipal, County, State and Federal
governments, the Dade County School Board and the South
Florida Water Management District and related to the
operation of those entities and used for non-
proprietary purposes including, but not limited to,
governmental offices, police and fire stations,
airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures,,
schools, parks and similar facilities in or through
which general government operations are conducted.
Privately owned properties or facilities leased for
general government operations and activities and
private residential, co■rsercial or industrial
activities constructed or operated through lease
agreements on public lands or in public facilities
shall not be considered vow rumental or publLe
facilities and shall be subject to the provisioes'--+fitz:
this ordinance.
tk
r
a. Unless provided for to the ebt►t ury W' IM►Fr 040 �
effeetive deralopmant orftr, albs ' Amwiovtvou
Which is subject to an etcistLnq `0 --WOWWW
.Y.
jag
set developtmant ostler adOptaC
to
1 `
"0, Florida statutes " . dui► dMt o �
this ordinance in its entirety shall be exempt from
this ordinance with regard to development approved by
such development order. This exemption provision does
not apply to those development orders which may have
been revoked or determined to be null and void or to
any development not authorised in such development
order by Dade County or another unit of local
government in Dade County issuing such development
order. This exemption shall not apply .to any
additional development regardless of whether or not
such additional development constitutes a substantial
deviation pursuant to Chapter 380, Fla. Statutes.
C. Credit for up to the full amount of the impact fee
shall be given by the County Public Works Director for
off -site roadway contributions, or payments 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 legislative or ministerial action approved
prior to the effective date of the ordinance adopting
the Impact Fee Manual. Credit shall be given to the
extent the contribution, payment or construction meets
the definition of offsite roadway improvement contained
in Section SN of this ordinance. Any claim for credit
pursuant to this Section must be filed with the County
Public Works Director within one year from the adoption
of the Impact Fee Manual and shall be in accord with
the standards and procedures for issuance of credits
provided thereinA credit shall only be c wLdexed
x
against the fee due for improvement to those properties
encompassed by the previous development order or action
contemplating the off -site roadway isprw bt''
a
feepayer claiming such credit shall :.'sue :
s_
documentation of construction costa at pit.`
sage shall be considered by the CWAh1*'''`P*1L* 'x
h .n.
4P 0.,
Director in 'determining the amount of credit to be
given toward the impact fee. The County Public Works
Director shall be guided by the criteria not forth in
the Impact Fee Manual. No refunds shall be made under
this provision of this section. Any appeal from such a
determination by the County Public Works Director shall
be reviewed by the Developmental impact Committee
Executive Council pursuant to the procedures ,set forth
in the adopted Impact Fee Manual.
Section 15 - Appeals of Administrative Decisions
A. Decisions of the County Public Works Director pursuant
to Sections BA, BB, 9F, 10C, 14B, may be appealed by
the feepayer to the County Developmental Impact
Committee Executive Council. Appeals of the decisions
of the Executive Council shall be to the Board of
County Commissioners in accordance with procedures
specified in the Adopted Impact Fee Manual.
If a feepayer wishes to appeal an administrative
decision of the County Public Works Director, the
feepayer shall first file a notice of administrative
appeal on a form specified in the Adopted Impact Fee
Manual with the Developmental Impact Committee
Coordinator. All appeals shall be filed within thirty
(30) days of the issuance of a written decision by the
Public Works Director and shall be accompanied by a
letter which provides a full explanation of the
request, the reason for the appeal, and any supposes
documentation.
The Developmental Impact CO=Lttee Cooandl�iAlrs
schedule the appeal before the 09eCt UVO C+ MMU
soon as practically possible. The Rx"ativ* Cooft,) ,
shall vote to affirm, reject or rrriss tbM
the County Public Works Director.
faction 16 - Vested Rights
Nothing in this ordinance shall limit or modify the rights
of any person to complete any development for which a lawful
building permit issued prior to the effective date of this
ordinance and on which there has been a good faith reliance
and a substantial change of position.
Section 2
- Section
33-314,
Code of Metropolitan Dade
County, Florida,
is hereby
amended as
follows:11
Section 33-314. Finality of District boundary Changes and
Regulation Amendments.
(a) In addition to the powers set forth in sections 33-313
and 33-315, the Board of County Comissioners shall
hav* the authority and duty to directly hear and act
upon applications for the following natters:
(9) Upon application for, hear and decide appeals,
re it is allegod there is an error in an
order, reguirement, decision or determination made
by the Developmental Impact Covaittee Z[*cutive
Council in the discharge of its duties as deft o
in section 332 of the Code.
s
s
For all sections which aNnd asisting $Low, vaeft M k
stricken through shall be deleted, undili�seOswd , .{
constitute the amendment
and s�wainlny
mipp+rf,
are now in effect and rea�changsd.
1
II y,
fection 3. if any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
Section 4. it is the intention of the board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and be wade a part of the Code of
Metropolitan Dade County, Florida. The sections. of this
ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 5. Section 7D of Chapter 33E of the Code of
Metropolitan Dade County, Florida as enacted by this ordinance
shall become effective 10 days after the date of its enactment.
The remainder of this ordinance shall become effective one -
hundred eighty (160) days after the date of its enactment.
However, the implementation of this ordinance shall not precede
the effective date of the adoption of the Road Impact Pee Manual
set forth in Section 7D, Chapter 33E of the Code of Metropolitan
Dade County, Florida as enacted by this ordinance. X`
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency.
Prepared bye
PASSED AND DULY ADOPTED
THIS DAY UT , 1987.
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1 it
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y
f}��t
V s.
ATTACMtNT 8
ROAD INFAa •FtE ISNIFIT DISTRICT 9OMIMIRS
District 1
North: Okeechobee Road (U.S. 27), Airport Rxpreaswey
(S.R. 112), and I-195
Rast: Biscayne Bay and Government Cut
Southe Sunset Drive (S.W. 72 Street), Coral Gables Canal,
and Biscayne Bay (Between Key Biscayne and Ragged
Keys)
vests Palmetto Expressway (S.R. 926)
District 2
Norths Broward County Line
Fasts Atlantic Ocean
Souths I-195, Biscayne Bay, Government Cut
Went: I-95 and Florida's Turnpike
District 3
Norths Broward County Line
East: Florida's Turnpike and I-95
South/
Nest: Airport Expressway (S.R. 112) and Okeechobee Road
(US 27)
District 4
North: Oroward County Line, Okeechobee Road (U.S. 27)
East s Palmetto Expressway (SR 226 )
South: Bird Road (S.W. 40 Street) extended
Nest: Monroe County Line
District 5
Norths Bird Road (S.W. 40 Street), extended, Sunset Drive
(S.W. 72 Avenue)
East: Palmetto Expressway, (SR 226), Biscayne Bay
South: Eureka Drive (S.W. 164 Street), Krome Avenue (S.W.
177 Avenue), Richmond Drive (S.W. 160 Street),
extended
Nests Monroe County Line
Via ria,�,t 6 V
worth: 1tiChmottd Drive s .N. lit
Avenue (S.W. 177 Avenud) , i kat WVICIIM
street).
seats Biscayne Bay ( Between Key BLec eyae and XsqW
f
mys)
South/ f
Vests Monroe County Line
t 4 4a Ay