HomeMy WebLinkAboutItem #16 - First Reading OrdinanceJ-87-88
1/16/87
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AMENDING
THE CITY CODE BY ADDING THERETO A NEW CHAPTER 54.6
IMPOSING AN "IMPACT FEE" ON ADDITIONAL DEVELOPMENT AS
HEREIN DETERMINED IN ORDER TO FINANCE RELATED CAPITAL
IMPROVEMENTS, THE DEMAND FOR WHICH IS CREATED BY SUCH
DEVELOPMENT; SETTING FORTH FINDINGS AND INTENT;
PROVIDING THE AUTHORITY THEREFOR; PROVIDING
DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE IMPACT
FEE; PROVIDING FOR IMPOSITION OF THE IMPACT FEE;
PROVIDING FOR THE ESTABLISHMENT OF DEVELOPMENT
SUBAREAS; PROVIDING FOR DETERMINATION OF DEVELOPMENT
IMPACT FEES; PROVIDING FOR ESTABLISHMENT OF AN IMPACT
FEE -RELATED CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR
ESTABLISHMENT OF IMPACT FEE COEFFICIENTS; PROVIDING
FOR CALCULATION OF IMPACT FEES; PROVIDING FOR
ADMINISTRATION OF IMPACT FEES; PROVIDING FOR BONDING
IMPACT FEE -RELATED CAPITAL IMPROVEMENT PROGRAM
PROJECTS; AND PROVIDING FOR APPEAL PROCEDURES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
WHEREAS, the City of Miami has for the past several years, been
experiencing significant commercial and residential development; and
WHEREAS, the amount and concentration of such development has
contributed to the need for various capital improvements, including public
safety, storm sewers, roads, parks, solid waste collection and other gener,.1
government services that would not otherwise be necessary; and
WHEREAS, new building space growth projections indicate that such
development will continue and will place ever-increasing demands on the City to
provide necessary capital improvements; and
WHEREAS, the City is not desirous of funding such improvements by
general capital improvement funds which are allocated to maintaining existing
improvements and services; and
WHEREAS, the City Commission after careful consideration of the matter,
deems it advisable and in the best interest of the general welfare of the City
of Miami and its inhabitants to adopt this Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Code of the City of Miami, Florida, is hereby
amended by adding thereto a new chapter 54.6 to read as follows:
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"CHAPTER 54.6
"CITY OF MIAMI DEVELOPMENT IMPACT FEE ORDINANCE"
Sec. 54.6-1. Short Title.
This Ordinance shall be known and cited as the
"City of Miami Development Impact Fee Ordinance."
Sec. 54.6-2. Findings.
The City Commission of Miami, Florida (hereinafter
"Commission") hev eby finds and declares that:
(a) Development, other than single family
residential, imposes excessive demands upon
City public facilities and services and
requires additional facilities and services;
(b) The developability of properties is a direct
result of City policy as expressed in the
City Comprehensive Plan and as implemented
via the City Zoning Ordinance and Map;
(c) To the extent that such development places
demands upon the public facility
infrastructure of the City, those demands
should be satisfied by shifting the
responsibility for financing the provision
of such facilities from the public at -large
to the developments actually creating the
demands;
(d) The amount of the "impact fee" to be imposed
shall be determined by the cost of the
additional public facilities needed to
support such new development, which public
facilities shall be identified in a capital
program, and by the gross square footage of
development.
(e) The City Commission hereby finds and
declares that an "impact fee" imposed upon
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all new commercial and all new residential
development, with the specific exclusion of
single-family residential and city -owned and
operated development, in order to finance
specified public facilities the demand for
which is uniquely created by such new
development, is in the best interest of the
City and its residents, is equitable, and
does not impose an unfair burden on such
development.
Sec. 54.6-3. Intent.
This Ordinance is intended to impose an "impact fee," payable at
the time of building permit issuance, in an amount based upon the gross
square footage of development, in order to finance additional capital
improvements provided by the City and the demand for which is uniquely
attributable to such new development.
Sec. 54.6-D. Authority.
The City Commission is authorized to establish and adopt an "impact
fee" pursuant to the authority granted by the Florida Constitution,
Article VII, §§ 1(f), 1(g) and 2 (b), the Municipal Home Rule Powers Act,
Fla. Stat. Ch. 166 (1985), the City of Miami, Florida Charter, and the
Local Government Comprehensive Planning and Land Development Regulation
Act (Fla. Stat. §§ 163.3161, amended by Fla. Stat. §§ 163.3177 in 1986).
The provisions of this Ordinance shall not be construed to limit the
power of the City to adopt such Ordinance pursuant to any other source of
local authority nor to utilize any other methods or powers otherwise
available for accomplishing the purposes set forth herein, either in
substitution of or in conjunction with this Ordinance.
Sec. 54.6-5. Definitions.
As used in this Ordinance, the following words and terms shall have
the following meaning, unless another meaning is plainly intended:
(a) "Applicant" shall mean an individual, corporation, business
trust, estate, trust, partnership, association, two or more
persons acting as co -applicants, any County or State Agency,
any other legal entity, or the authorized representative of
any of the aforementioned, signing an application for a
building permit.
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(b) "Appropriation"
shall
mean the legal authority to
make an
expenditure up
to
a certain dollar amount.
All
appropriations must have a viable funding source at the time
the appropriation is made.
(c) "Building Permit" shall mean the permit required for new
construction and additions pursuant to Section 2-85 of the
City Code. The term "building permit," as used herein, shall
not be deemed to include permits required for remodeling,
rehabilitation or other improvements to an existing structure
or rebuilding a damaged or destroyed structure, provided
there is an increase of less than 1,000 square feet in gross
floor area resulting therefrom, or demolition permit.
(d) "Capital Budget" shall mean the City's current fiscal year
capital budget which is the first year of the six -year
Capital Improvements Program and which identifies all capital
projects valued at $20,000 or more that are proposed to be
initiated in that fiscal year or to receive any changes in
funding in that fiscal year.
(e) "Capital Improvements Program" (CIP) shall mean the City's
current six -year program of proposed capital improvements
which identifies all capital projects valued at $20,000 or
more that are proposed to be initiated during the six -year
period.
(f) "Capital Improvement Projects" shall mean all projects valued
at $20,000 or more that are proposed to be initiated during
the six -year period of the Capital Improvements Program and
may include any or all of the following: acquisition of
land, construction, improvements, equipping and installing of
same and all other work auxiliary thereto, including
administrative, engineering, architectural and legal work
performed in connection with a public facilities project:
(1) public safety facilities and equipment;
(2) parks and recreational facilities and equipment;
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(3) streets and highways, including such ancillary
facilities as sidewalks, street lighting, curbs,
gutters, signalization, signage, landscaping and storm
sewers;
(4) solid waste collection facilities and equipment;
(5) other general government facilities and equipment.
(g) "City" shall mean the City of Miami, Florida.
(h) "City Use" shall mean any development owned, occupied and
operated by the City of Miami.
(i) "Commission" shall mean the City Commission of Miami,
Florida.
(j) "Comprehensive Plan" shall mean the City's plan for future
development adopted by City Ordinance No. 10167, and as may
be amended and updated from time to time.
(k) "Cost" shall mean amounts spent or authorized to be spent in
connection with the planning, financing, acquisition and
development of a capital improvement project, including
without limitation, the costs of land, construction,
engineering, legal services, financial services and certain
administrative costs.
(1) "Development" shall have the meaning given it in §§ 380.04,
Florida Statutes and in addition shall be limited to any new
development, exclusive of City -owned and operated and single-
family units, in excess of 1,000 square feet or residential
development less than 1,000 square feet resulting in a net
increase in the number of residential dwelling units.
(m) "Development Subareas" shall mean geographically defined
areas of the City which conform to the City's established
Planning Districts.
(n) "Gross Floor Area" shall mean the total square footage of a
building, excluding parking areas, on a particular site.
(o) "Impact Fee" shall mean a fee, to be imposed at building
permit issuance, and calculated based upon the cost of impact
fee -related capital improvements in proportion to new
development creating the need for such facilities.
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(p) "Impact Fee Coefficient" shall mean the charge per square
foot of development as calculated for each subarea and
building type by dividing total impact fee -related capital
improvement project costs by the gross square footage of
projected new development starting at time of adoption of
this Ordinance through December 31, 2005.
(q) "Impact Fee -related Capital Improvements" shall mean those
Capital Improvements necessary to support and uniquely
attributable to new development as herein defined and which
facilities are identified in the Impact Fee -related Capital
Improvement Program to be financed by the imposition of an
"impact fee".
(r) "Impact Fee -related Capital Improvement Program" shall mean
the listing of Impact Fee -related Capital Improvement
projects.
(s) "Non -Residential Development" shall mean all development
other than residential development and City use as herein
defined.
(t) "Residential Development" shall have the meaning given it in
City Ordinance No. 9500, as amended, the City Zoning
Ordinance for the City of Miami, with the specific exclusion
therefrom of single-family residential development.
(u) "Single -Family Residential" shall have the meaning given it
in City Ordinance No. 9500, as amended, the City Zoning
Ordinance for the City of Miami.
(v) "Site" shall mean a legally described parcel of property
capable of development pursuant to applicable City ordinances
and regulations.
(w) "Zoning Districts" shall mean the classifications as shown on
the official schedule of district regulations and as
delineated on the official zoning atlas.
(x) "Zoning Ordinance" shall mean one of the instruments of
implementation of the public purposes and objectives of the
Miami Comprehensive Neighborhood Plan, as required by Section
163.3161 et seq; Florida Statutes, as amended.
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Sec. 54.6-6. Applicability of Impact Fee.
This Ordinance shall be uniformly applicable to all new
development, exclusive of single-family and city -use development as
specifically defined herein, which results in a net increase in either
the number of residential dwelling units (exclusive of single-family
units) or square footage of use, either residential or non-residential,
in excess of 1,000 square feet.
Sec. 54.6-7. Imposition of Impact Fee.
No building permit shall be issued for a new development as herein
defined unless the applicant therefor has paid the "impact fee" imposed
by and calculated pursuant to this Ordinance.
Sec. 54.6-8. Establishment of Development Subareas.
Development Subareas are established as shown on the "City of Miami
Planning District Maps" attached hereto and incorporated herein by
reference as Appendix B.
Sec. 54.6-9. Development Potential by Subarea.
Projected New Development (1987 - 2005)
in gross square footage)
PLANNING
DISTRICT
A. EDISON
B. DOWNTOWN
C. COCONUT GROVE
D. LITTLE HAVANA
E. FLAGAMI
F. ALLAPATTAH
G. VIRGINIA KEY
TOTAL SQUARE FOOTAGE
NON -SINGLE FAMILY
RESIDENTIAL
NON-RESIDENTIAL TOTAL
666,960
1,390,897
2,0579857
19,786,800
10,785,047
30j571v847
2,3811040
11181,428
31562,468
11264,320
3,481,024
4,745,344
500j64O
548,548
11049,188
621,600
21677,757
31299,357
0
310,000
310,000
25,221,360
20,374,701
45,596,061
Note: See Appendix A for a more detailed breakdown.
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Sec. 54.6-10. Impact Fee -related Capital Improvement Program by Subarea.
Total project costs by subareas are as follows:
ESTIMATED COSTS OF ADDITIONAL FACILITIES - TOTAL
OTHER
PLANNING
FIRE AND
PARKS AND
STORM SOLID
GENERAL OVERALL
DISTRICT:
POLICE
RESCUE
RECREATION
STREETS
SEWERS WASTE
SERVICES COST
EDISON
$ 90,637
$ 36,507
$ 514,476 $
643,078
$ 321,539 -
- $ 1,606,237
DOWNTOWN
1,957,552
1,150,920
15,466,855
9,110,081
4,555,040 -
- 32,240,448
COCONUT GROVE 258,898
44,725
1,469,562
1,689,885
844,943 -
- 4,308,013
LITTLE HAVANA 171,914
72,262
975,820
1,047,904
523,952 -
- 2,791,852
FLAGAMI
67,970
0
385,811
603,047
301,523 -
- 1,358,351
ALLAPATTAH
84,408
0
479,116
1,162,952
581,476 -
- 2,307,953
VIRGINIA KEY 0
0
0
0
0-
- 0
TOTAL COST
$2,631,378
$1,304,414
$19,291,640 $14,256,947
$ 7,128,473 -
- $44,612,853
ESTIMATED COSTS OF ADDITIONAL FACILITIES - RESIDENTIAL
OTHER
PLANNING
FIRE AND
PARKS AND
STORM SOLID
GENERAL OVERALL
DISTRICT:
POLICE
RESCUE
RECREATION
STREETS
SEWERS WASTE
SERVICES COST
EDISON
$ 90,637
$ 8,337
$ 514,476
$ 208,424
$ 104,212 -
- $ 926,087
DOWNTOWN
1,957,552
394,363
11,111,503
5,896,253
2,948,126 -
- 22,307,798
COCONUT GROVE 258,898
16,114
1,469,562
1,129,465
564,733 -
- 3,438,772
LITTLE HAVANA 171,914
10,700
975,820
279,197
139,598 -
- 1,577,230
FLAGAMI
67,970
0
385,811
287,755
143,878 -
- 885,413
ALLAPATTAH
84,408
0
479,116
219,101
109,550 -
- 892,175
VIRGINIA KEY 0
0
0
0
0-
- 0
TOTAL COST
$2,631,378
$429,515
$14,936,288 $
8,020,196
$4,010,097 -
- $30,027,474
ESTIMATED COSTS OF ADDITIONAL FACILITIES - COMMERCIAL
OTHER
PLANNING
FIRE AND
PARKS AND
STORM SOLID
GENERAL OVERALL
DISTRICT: POLICE
RESCUE
RECREATION
STREETS
SEWERS WASTE
SERVICES COST
EDISON
$0
$ 28,170
$ 0
$ 434,654
$ 217,327 -
- $ 680,151
DOWNTOWN
0
756,557
4,355,352
3,213,828
1,606,914 -
- 9,932,651
COCONUT GROVE
0
28,611
0
560,420
280,210 -
- 869,241
LITTLE HAVANA
0
61,562
0
768,707
384,353 -
- 1,214,622
►; FLAGAMI
i
0
0
0
315,291
157,646 -
- 472,937
ALLAPATTAH
i
0
0
0
943,852
471,926 -
- 1,415,778
' VIRGINIA KEY
0
0
0
0
0-
- 0
TOTAL COST
$0
$874,900
$4,355,352
$6,236,752
$3,118,376 -
- $14,585,379
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Sec. 54.6-11. Development Impact Fee Coefficients.
RESIDENTIAL IMPACT FEE COEFFICIENTS BY TYPE OF SERVICE
($/sq.ft)
PLANNING
DISTRICT:
POLICE
FIRE AND
RESCUE
PARKS AND
RECREATION
STREETS
STORM
SEWERS
SOLID OTHER GENERAL OVERALL
WASTE SERVICES COEFFICIENT
EDISON
$0.136
$0.013
$0.771
$0.312
$0.156
- - $1.389
DOWNTOWN
0.099
0.020
0.562
0.298
0.149
- - 1.127
COCONUT GROVE
0.109
0.007
0.617
0.474
0.237
- - 1.444
LITTLE HAVANA
0.136
0.008
0.771
0.221
0.110
- - 1.247
FLAGAMI
0.136
0.000
0.771
0.575
0.287
- - 1.769
ALLAPATTAH
0.136
0.000
0.771
0.352
0.176
- - 1.435
VIRGINIA KEY
$0.000
$0.000
$0.000
$0.000
$0.000
- - $0.000
COMMERCIAL IMPACT FEE COEFFICIENTS BY TYPE OF SERVICE
AND PLANNING DISTRICT
($/sq.ft. )
PLANNING
FIRE AND
PARKS AND
STORM
SOLID OTHER GENERAL OVERALL
DISTRICT:
POLICE
RESCUE
RECREATION
STREETS
SEWERS
WASTE SERVICES COEFFICIENT
EDISON
$0.000
$0.020
$0.000
$0.312
$0.156
- - $0.489
DOWNTOWN
0.000
0.070
0.404
0.298
0.149
- - 0.921
COCONUT GROVE
0.000
0.024
0.000
0.474
0.237
- - 0.736
LITTLE HAVANA
0.000
0.018
0.000
0.221
0.110
- - 0.349
FLAGAMI
0.000
0.000
0.000
0.575
0.287
- - 0.862
ALLAPATTAH
0.000
0.000
0.000
0.352
0.176
- - 0.529
VIRGINIA KEY
$0.000
$0.000
$0.000
$0.000
$0.000
- - $0.000
The derivation of impact fee coefficients by type of service is as follows:
a.
PLANNING
DISTRICT: EDISON
POLICE
DOWNTOWN
- RESIDENTIAL
COCONUT LITTLE
GROVE HAVANA
FLAGAMI
ALLAPATTAH
VIRGINIA
KEY
Estimated
Cost Of $ 90,637
$ 1,957,552 $
258,898
$ 171,914
$ 67,970
$ 84,408
$ 0
Improvements
Projected
Residential 666,960
19,786,800
2,381,040
1,264,320
500,640
621,600
0
Growth
(sq.ft.)
Impact Fee
Coefficient $ 0.136
$ 0.099 $
0.109
$ 0.136
$ 0.136
$ 0.136
$0.000
($/sq.ft.)
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b. FIRE AND RESCUE - RESIDENTIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of $ 8,337 $ 394,363 $ 16,114 $ 10,700 $ 0 $ 0 $ 0
Improvements
Projected
Residential
Growth 666,960 19,786,800 21381,040 1,264,320 500,640 621,600 0
(sq.ft.)
Impact Fee
Coefficient $ 0.013 $ 0.020 $ 0.007 $ 0.008 $ 0.000 $ 0.000 $0.000
($/sq.ft.)
C. FIRE AND RESCUE - COMMERCIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of $ 28,170 $ 756,557 $ 28,611 $ 61,562 $ 0 $ 0 $ 0
Improvements
Projected
Commercial
Growth 1,390,897 10,785,047 1,181,428 3,481,024 548,548 2,677,757 310,000
(sq.ft.)
Impact Fee
Coefficient $ 0.020 $ 0.070 $ 0.024 $ 0.018 $ 0.000 $ 0.000 $ 0.000
($/sq.ft.)
d. PARKS AND RECREATION - RESIDENTIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of $5141476 $11,111,503 $1,469,562 $ 975,820 $385,811 $479,116 $ 0
Improvements
Projected
Residential b66,960 19,786,800 2,381,040 1,264,320 500,640 621,600 0
Growth
(sq.ft. )
Impact Fee
Coefficient $ 0.771 $ 0.562 $ 0.617 $ 0.771 $ 0.771 $ 0.771 $0.000
($/sq.ft.)
e. PARKS AND RECREATION - COMMERCIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of - $ 4,355,352 - - - - -
Improvements
Projected
Commercial
Growth - 10,785,047 - - - - -
(sq.ft. )
Impact fee
Coefficient - $ 0.404 - - - - -
($/sq.ft.)
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f. STREETS -RESIDENTIAL
PLANNING COCONUT LITTLE
DISTRICT: EDISON DOWNTOWN GROVE HAVANA
Estimated
Cost of $208,424 $ 5,896,253 $1,129,465 $ 279,197
Improvements
Projected
Residential
Growth 666,960 19,786,800 2,381,040 1,264,320
(sq.ft.)
Impact Fee
Coefficient $ 0.312 $ 0.298 $ 0.474 $ 0.221
($/sq.ft.)
9. STREETS -COMMERCIAL
VIRGINIA
FLAGAMI ALLAPATTAH KEY
$287,755 $ 219,101 $ 0
500,640 621,600 0
$ 0.575 $ 0.352 $0.000
PLANNING
COCONUT
LITTLE
VIRGINIA
DISTRICT: EDISON
DOWNTOWN
GROVE
HAVANA
FLAGAMI
ALLAPATTAH
KEY
Estimated
Cost of $ 434,654
$ 3,213,828
$ 560,420
$ 768,707
$315,291
$943,852
$ 0
Improvements
Projected
C omne rc i a 1
Growth 1,390,897
10,785,047
1,181,428
3,481,024
548,548
2,677,757
310,000
(sq.ft.)
Impact Fee
C oefficient$ 0.312
$ 0.298
$ 0.474
$ 0.221
$ 0.575
$ 0.352
$ 0.000
($/sq/ft.)
h. STORM SEWERS -RESIDENTIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of $104,212 $ 2,948,126 $ 564,733 $ 139,598 $143,878
Improvements
Projected
Residential 666,960 19,786,800 2,381,040 1,264,320 500,640
Growth
(sq/ft.)
Impact Fee
Coefficient $ 0.156 $ 0.149 $ 0.237 $ 0.110 $ 0.287
($/sq/ft.)
$109,550 $ 0
621,600 0
$ 0.176 $0.000
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STORM SEWERS -COMMERCIAL
PLANNING COCONUT LITTLE VIRGINIA
DISTRICT: EDISON DOWNTOWN GROVE HAVANA FLAGAMI ALLAPATTAH KEY
Estimated
Cost of $ 217,327 $ 1,606,914 $ 280,210 $ 384,353 $157,646 $ 471,926 $ 0
Improvements
Projected
Commercial
Growth 1,390,897 10,785,047 1,181,428 3,481,024 548,548 2,677,757 310,000
(sq.ft.)
Impact Fee
Coefficient $ 0.156 $ 0.149 $ 0.237 $ 0.110 $ 0.287 $ 0.176 $ 0.000
($/sq.ft.)
Sec. 54.6-12. Calculation of Impact Fee.
Upon receipt of an application for a building permit for a new
development, the Building and Zoning Department shall determine the amount of
the "impact fee" due pursuant to the following procedure:
(a) identify the property's development subarea (i.e., the Planning
District wherein it falls);
(b) calculate the gross square footage of floor area of the building
for non -single family residential and non-residential;
(c) multiply the gross square footage of the development by the
appropriate subarea "impact fee" coefficient;
(d) review and, if appropriate reduce, upon written request of the
applicant and verification by the Planning Department, the amount
of impact fee calculated and otherwise due, by the value to the
City of any capital improvements provided by the applicant which
are listed in the Impact fee -related Capital Improvement Program.
Evidence of capital improvement provision cost shall be submitted
by the applicant and shall be subject to review by the City. In no
event, however, shall a credit be given for that specific category
of projects for more than the amount of the impact fee otherwise
due pursuant to this Ordinance.
(e) Prior to making an application for a building permit, an applicant
may request a non -binding impact fee estimate from the Building and
Zoning Department which shall base such estimate on the development
potential of the particular site in gross square footage of floor
area given the allowable square footage permitted by existing
zoning and/or the applicant's building plan and the applicable
impact fee coefficient.
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Sec. 54.6-13. Administration of Impact Fee.
(a) Collection of Impact Fee:
Impact fees due pursuant to this Ordinance shall be collected by
the Building and Zoning Department prior to issuance of a building
permit.
(b) Transfer of Funds to Finance Department:
Upon receipt of impact fees, the Building and Zoning Department
shall transfer such funds to the City Finance Department which
shall be responsible for placement of such funds into separate
accounts as hereinafter specified. All such funds shall be
deposited in interest -bearing accounts in a bank authorized to
receive deposits of City funds. Interest earned by each account
shall be credited to that account and shall be used solely for the
purposes specified for funds of such account.
(c) Establishment and Maintenance of Accounts:
The City Finance Department shall establish separate accounts and
maintain records for each such account, whereby impact fees
collected can be segregated by use, planning district and building
permit.
(d) Maintenance of Records:
The City Finance Department shall maintain and keep adequate
financial records for each such account which shall show the source
and disbursement of all revenues, which shall account for all
monies received; and which shall ensure that the disbursement of
funds from each account shall be used solely and exclusively for
the provision of projects specified in the Impact fee -related
Capital Improvements Program for the particular subarea.
(e) Refund of Impact Fee:
In the event that a fee collected has not been encumbered or spent
by the end of the calendar quarter immediately following six (6)
years from the date the fee was collected, the money shall be
returned with interest at the rate of three percent (3%) per annum.
(f) Annual Review and Modification:
The City shall annually, in conjunction with the annual capital
budget and capital improvements program adoption process, review
Impact Fee Ordinance procedures, assumptions, formulas, zone
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designations and fee assessments and make such modifications as are
deemed necessary as a result of (1) development occurring in the
prior year; (2) construction of proposed public facilities; (3)
changing facility needs; (4) inflation and other economic factors;
(5) revised cost estimates for public facilities and/or
improvements; (6) changes in the availability of other funding
sources applicable to impact fee -related capital improvements; (7)
such other factors as may be relevant. Modifications to the Impact
Fee -related Capital Improvement Program shall be recommended for
adoption prior to October 1 of each year and shall be effective on
October 1.
Sec. 54.6-14. Administrative Fees.
Expenses to be incurred by the City in connection with the administration
of the Development Impact Fee Ordinance have been estimated and budgeted and
have been determined to be of benefit to the properties therein and shall be
reimbursed to Impact Fee Administration Fund of the City out of the revenues
accruing through the imposition of a service charge in the amount of three
percent (3%) of the impact fee due. The service charges are in addition to and
shall be paid separately from the assessment, but shall be payable at the time
of application for the building permit and shall be for the sole purpose of
defraying expenses as provided herein.
Sec. 54.6-15. Bonding of Capital Improvement Projects.
The City may issue bonds, revenue certificates and other obligations of
indebtedness in such manner and subject to such limitations as may be provided
by law, in furtherance of the provision of impact fee -related projects. Funds
pledged toward retirement of bonds, revenue certificates or other obligations of
indebtedness for such projects may include impact fees and other City revenues
as may be allocated by the City Commission. Impact fees paid pursuant to this
Ordinance, however, shall be restricted to use solely and exclusively for
financing, directly, or as a pledge against bonds, revenue certificates and
other obligations of indebtedness for, the cost of additional facilities
projects.
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Sec. 54.6-16. Establishment of Impact Fee Board of Review; Appeal
Procedures.
(a) Impact Fee Board of Review.
The City will establish an Impact Fee Board of Review ("Board")
which shall consist of the directors, or their designees, from the
Departments of Planning; Public Works; Parks, Recreation and Public
Facilities; Fire, Rescue and Inspection Services; General Services
Administration; Solid Waste; and Police. Said board shall be
responsible for hearing the initial appeal by applicants for
building permits aggrieved by decisions of the Building and Zoning
Department made pursuant to this Chapter.
(b) Appeal Procedures.
After determination of the amount of the development impact fee or
credit due, an applicant may request a review of such fee or credit
due by appealing to the Impact Fee Board of Review pursuant to the
following procedures: The applicant shall file a written Notice of
Appeal with the Department of Building and Zoning within fifteen
(15) days following the rendition of the applicable development
impact fee or credit due. If the Notice of Appeal is accompanied
by a bond or other sufficient surety satisfactory to the City
Attorney, in an amount equal to the applicable development impact
fee as calculated by the Building and Zoning Department, the
Building and Zoning Department must issue the building permit. The
filing of an appeal shall not stay the collection of the
development impact fee unless a bond or other surety satisfactory
to the City Attorney has been filed.
(c) Time for Appeals to Impact Fee Board of Review.
An appeal to the Impact Fee Board of Review must be perfected
within fifteen (15) days after rendition of the Building and Zoning
Department Impact Fee invoice, which has been rendered in response
to the applicant's application for building permit, by the filing
of a Notice of Appeal or Letter of Appeal, with the Department of
Building and Zoning stating therein the basis for such appeal.
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(d) Failure to File on Time.
No hearing shall be heard by the Impact Fee Board of Review unless
the respective appeals have been filed within the time and at the
place, provided in this Chapter.
(e) All Decisions Final.
All decisions of the Impact Fee Board of Review, made under this
Chapter, shall be deemed final unless properly instituted appeals
are filed pursuant to this Chapter.
(f) Disclosure Requirements.
All such requests for review by City Boards under this Chapter
shall be subject to the disclosure requirements of Section 2-308,
as amended, of the Code of the City of Miami.
(g) Fee Required for Review.
All requests for review of decisions of the Building and Zoning
Department shall be accompanied by a fee of $500.00.
(h) Notice of Hearing; Scheduling.
The time of the hearing before the Impact Fee Review Board shall be
no more than forty-five (45) days after receipt of the Letter or
Notice of Appeal; provided, that the time limitations set out in
this section shall not apply during the thirty-one (31) days of the
month of August. Appeals filed under this chapter must be filed at
least ten (10) days prior to a scheduled meeting of the Impact Fee
Board of Review to be heard at that particular meeting. Request
for review not satisfying the provisions of this paragraph will be
heard at subsequently scheduled meetings of the Impact Fee Board of
Review. The Director of the Department of Building and Zoning
shall give the appealing party the same, at least ten (10) days
notice of the time and place of such hearing. The notice shall be
in a form acceptable to the City Attorney.
(i) Hearings; Additional Evidence; and Decision.
At the time and place set for the hearing the Impact Fee Board of
Review shall give the appealing party a reasonable opportunity to
be heard. Parties may present additional evidence to support their
position, however no economic or technical reports or studies, real
estate appraisals or reports, and/or written reports of consultants
shall be considered by the Impact Fee Board of Review unless the
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same shall have been filed with the Department of Building and
Zoning at least ten (10) days prior to the respective hearings.
All Exhibits presented to the Board shall become part of the record
and shall remain so until the expiration of the administrative
appeal period or final judicial determination.
Section 54.6-17. City Commission Review.
A decision by the Impact Fee Board of Review shall be final unless a
request for review is filed with the Director of the Department of
Building and Zoning within fifteen (15) days of rendition by that Board,
together with payment of any required fee. Such request may be filed by
the aggrieved building permit applicant, or by any officer, department,
board, commission, or bureau of the City of Miami. All such requests for
review by the City Commission shall be subject to the disclosure
requirements of Section 2-308 of the Code of the City of Miami.
Section 54.6-18. Procedures.
The Director of Building and Zoning shall then certify such requests
through the Office of the City Manager. Notice of City Commission
hearing on the matter shall not be required but the City Commission shall
give opportunity for the person or his agent, requesting review to make a
presentation. The City Commission shall also hear a presentation from
the Department of Building and Zoning setting forth basis for
determination of fee of the matter in question.
Section 54.6-19. City Commission Powers on Review.
The City Commission on review shall have full power to affirm, reverse,
or modify the action of the Impact Fee Board of Review. Said decision
shall be made on the record not more than 45 days after the request for
review by same is made by the aggrieved applicant.
Section 54.6-20. Judicial Review.
An appeal from the decision of the City Commission under this Article
shall be taken by filing an appeal in accordance with Florida Appellate
Rules.
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Section 2. All ordinance, code sections, or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Should any part or provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the Ordinance as a whole.
PASSED ON FIRST READING BY TITLE 014LY this 22nd day of
January , 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
day of , 1987.
ATTEST:
MATTY HIRAI
City Clerk
REVIEWED AND APPROVED BY:
%JO$L E. MAXWELL '
\A istant City Attorney
ADW/KC/meg
XAVIER L. SUAREZ, MAYOR
city Attorney
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