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City of Miami Legislation Ordinance: 12750 City Hal[ 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-01042 Final Action Date:12/15/2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I. ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY CLARIFYING REFERENCES TO THIS ARTICLE I; UPDATING FINDINGS, INTENT AND AUTHORITY RELATING TO IMPACT FEES; DELETING, AMENDING AND ADDING NEW DEFINITIONS; PROVIDING FOR APPLICABILITY OF IMPACT FEES TO ALL NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT EXCEPT FOR DEMINIMIS DEVELOPMENT AND GOVERNMENTAL USES; PROVIDING FOR IMPOSITION OF NEW IMPACT FEE SCHEDULES TO BUILDING PERMITS SUBMITTED AFTER A SPECIFIED DATE; ESTABLISHING NEW IMPACT FEE BENEFIT DISTRICTS AND SUBDISTRICTS; PROVIDING FOR AN AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM; ESTABLISHING NEW IMPACT FEE SCHEDULES FOR POLICE, FIRE -RESCUE, GENERAL SERVICES AND PARKS AND RECREATION IMPACT FEES; PROVIDING CERTAIN REQUIREMENTS FOR COLLECTION, ACCOUNTING AND EXPENDING IMPACT FEES AND REQUIRING ANNUAL REVIEW AND TRIENNIAL UPDATE OF IMPACT FEES; CLARIFYING LANGUAGE RELATING TO ADMINISTRATIVE FEES AND BONDING OF CAPITAL IMPROVEMENTS; PROVIDING AN ADMINISTRATIVE PETITION PROCESS FOR DETERMINATIONS OF IMPACT FEES DUE, AFFORDABLE HOUSING DEFERRAL, REFUNDS AND CREDITS; CLARIFYING LANGUAGE RELATED TO CITY COMMISSION AND JUDICIAL REVIEW; CLARIFYING LANGUAGE RELATED TO IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REQUIREMENT; PROVIDING FOR COLLECTION BY ALTERNATIVE METHODS; RETAINING PREVIOUS IMPACT FEE SCHEDULES AND SUBAREAS FOR IMPOSITION ON BUILDING PERMIT APPLICATIONS SUBMITTED PRIOR TO A SPECIFIED DATE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is experiencing increased growth and development which generates demands for additional public facility capacity and capital equipment to accommodate this additional demand; and WHEREAS, impact fees are one mechanism the City may use to help shift the cost of providing additional capital facility capacity and capital equipment needed to accommodate the demands generated by new development; and WHEREAS, the existing impact fees imposed within the City were adopted in 1988, and there is a vital need to update the impact fees to address increased costs of providing public facilities, increased demand for additional public facility capacity and changing public facility needs; and WHEREAS, the City Commission has noticed, advertised, scheduled and held a public hearing in City' of Miami Page 1 of 28 Printed On: 12/16/2005 File Number: 05-01042 .Enactment Number: 12750 compliance with Florida Statutes on this proposed ordinance; and WHEREAS, the City Commission has considered the information and recommendations presented in "Growth -Related Capital Improvements & Impact Fees" by TischlerBise, Fiscal, Economic & Planning Consultants, dated September 16, 2005, and comments from the public and other interested parties; and WHEREAS, the City Commission has determined that the proposed amendments to Chapter 13, Article I, of the City Code preserve and enhance the rational nexus between the demand for public facilities generated by new development and the impact fees imposed on new development; and WHEREAS, the City Commission has determined that it is advisable and in the public interest to adopt and implement the proposed amendments to Chapter 13, Article I, of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13, Article I of the City Code entitled "Development Impact and other Related Fees," is amended in the following particulars: "CHAPTER 13 "DEVELOPMENT IMPACT AND OTHER RELATED FEES" ARTICLE I. IN GENERAL Sec. 13-1. Short title. This article chapter shall be known and cited as the "City of Miami development impact fee ordinance." Sec. 13-2. Findings. (a) The city commission of Miami, Florida (hereinafter "commission") hereby finds and declares that: (1) New development of tan &wig,I,e--gymi r esidential—and—certain—ether generates increased demands upon city public facilities and services and requires additional facilities, facility capacity, and capital equipment services in order to accommodate those demands. (2) The potential for development 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. (3) ^ the #y "hone demand should be satisfied by New development should bear its share of the costs of providing s public facilities, facility capacity, and capital equipment needed to accommodate the demand generated by new development City of Miami Page 2 of 28 Printed On: 12/16/2005 File Number 05-01042 Enactment Number: 12750 (4) The amount of the "impact fee" to be imposed shall be based upon the average amount of public facility capacity demand attributable to new development and the average determined by the cost of - he additional capital facilities, capital improvements, and capital equipment needed to provide additional capacity support such new development, which public facilities (5) The impact fees established in this article applicable to development submitting building permit applications accepted as complete by the City on or after January 15, 2006 are based on the methodology and data presented in "Growth -Related Capital Improvements & Impact Fees" by TischlerBise, Fiscal, Economic & Planning Consultants, dated September 16, 2005 (hereinafter "Impact Fee Report - 2005"). The city commission hereby adopts and incorporates by reference the Impact Fee Report - 2005. A copy of the Impact Fee Report - 2005 was submitted as part of the record of the public hearings on the ordinance. and a copy of the Impact Fee Report - 2005 shall be maintained on file in the Office of the City Clerk. (b) The city commission hereby finds and declares that the impact fees imposed herein upon a## new nneential and alt n©w res dent al development as further described below, in order to finance specified public facilities and capital equipment, needed to accommodate the demand for which is uniquely created by ate new development,- areis in the best interest of the city and its residents, areis equitable, and does not impose an unfair burden on such development. The city commission hereby finds and declares that all new development, as defined herein, within the city generates an increased demand for system improvements for police. fire -rescue, and general services facilities, and that all new residential development within the city also generates an increased demand for parks and recreation facilities. The city commission hereby finds and declares that the system improvements to be funded by the impact fees imposed herein will provide benefit to all new development in the city. (1) .......f ml ( . residential dwelling units; (-3) Al --duplex in multiple family residential development located in the city's designates, development block grant program plan approved by the city and accepted by the U.S: (4) e family residential development, outside of the neighborhood affordable housing units in such development, which is the subject of the requested waiver, to development. (-5) Ahy-development-whieh-4s-a-nehprofit-joint-vehture-witity-owne-cl-er--Opereted (6) Any development for which complete building plans have been filed as prescribed by the city's zoning ordinance, as amended, before the effective date of this chapter, providing that the date of this chapter; and City of Miami Page 3 428 Printed On: 12/I66/2005 File Number: 05-01042 Enactment Number: 12750 (7) months of the effective date of this chapter. (8) demolition or founda dwelli^^ unito in the--o.ty-as steel- in the 2090 -.S. Census. Eligible projects are not precluded from 13Vi.V� l,[4 V only to the portion(s) of the project for which 31, 2005. (c) The cit commission hereb finds and declares that there is a Ion -term need to encoura e the provision and retention of owner -occupied and rental affordable housing throughout the City. To encourage such development, the city commission hereby finds and determines that an impact fee deferral program for affordable housing within the City fulfills a public purpose and will help advance the provision of owner -occupied and rental affordable housing. The city commission declares its intent that the affordable housing deferral program not significantly delay the provision of public facilities funded in whole or in part by impact fees. Sec. 13-3. Intent. This article chapter is intended to impose an impact fees, payable at the time of building permit issuance, in order to finance fund additional capital improvements, capital facility capacity, and capital equipmentprovided by the city and needed to address the demand for public facilities wig -ion —is —uniquely attributable to such new development. This article is not intended to authorize imposition of fees related to capital facility or equipment needs attributable to existing development. This article is intended to allow new development in compliance with the Comprehensive Plan and to provide a mechanism for new development to help address the burdens created .by new development. It is the City Commission's intent to suspend imposition of the street impact fee to provide for coordination with Miami -Dade County regarding transit -related transportation system improvements and the development of an appropriate City transportation/transit impact fee. Sec. 13-4. Authority. The city commission is authorized to establish and adopt an impact fees pursuant to the authority granted by the Florida Constitution, article VII, sections 1(f), 1(g) and 2(b), the Municipal Home Rule Powers Act, F.S. ch. 166, as amended (1985), the City of Miami Charter, and the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq., as amended by F.S. § 163.3177 in 1986). In addition, the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. 5 163.3202(3), as amended, encourages the use of innovative land development regulations, including impact fees. The provisions of this article chapter 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 articlechapter. Sec. 13-5. Definitions. City of Miami Page 4 of 28 Printed On:.12/16/2005 File Number: 05-01042 Enactment Number: 12750 As used in this article,chapter the following words and terms shall have the following meanings, unless another meaning is plainly intended: Affordable housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value.. or .monthly rental, as applicable, equal to or less than the amounts established by resolution of the City Commission in relation to the affordable housing impact fee deferral program provided for in this article. Applicant shall mean the property owner, or duly designated agent of the property owner, of land on which an application for a building permit is submitted and impact fees are due pursuant to this article, or shall mean the property owner, or duly designated agent of the property owner, of land identified in a credit agreement pursuant to Section 13-16(e) where such property owner or agent is responsible for the provision of system improvement(s).on individual, corporation, Appropriation shall mean, for purposes of this article, funds identified in the capital budget t related to a system improvement. All appropriations must have a viable funding source at the time the appropriation is made. Building permit shall mean the permit required for new construction and additions pursuant to the city Code. The term "building permit," as used herein, shall not be deemed to include permits required for demolition of an existing structure on permit. For purposes of this article, a building permit application shall be considered complete and accepted by the city as of the date and time of original submittal if complete building plans have been filed as prescribed by the city's zoning ordinance, as amended, and as specified in a November 30, 2005 Memorandum regarding Building Permit Application from Jose L. Ferras, City Building Official, to Hector Lima, Director, City Building Department. 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 $5,000.00 or more that are proposed to be initiated in that fiscal year or to receive any changes in funding in that fiscal year. Capital improvement program (CIP) shall mean the city's current six -year program of proposed capital improvements which identifies all capital projects , that are proposed to be initiated during the six -year period. Capital improvement projects shall mean all projects valued at $5,000.00 or more for which funds are appropriated in the CIP. Capital improvement projects, including, but not limited to, capital equipment, land, facilities and site improvements, that are funded in whole or in part with impact fee funds must cost at least $13,000 and have a useful life of at least five (5) years. Clly of Miami Page 5 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 far+ifities -project: (1) Public safety facilities and equipment. (2) Parks and recreational facilities and equipment. ( ays, including such ancillary facilities as sidewalks, street lighting, (4) SoR . aste Collect on facilitie and eguinmant Central business district means properties having the zoning classification of "CBD" (Central business district) as of November 19, 2002, City shall mean the City of Miami, Florida. Commission shall mean the city commission of Miami, Florida. Comprehensive plan shall mean the city's plan for future development adopted by city Ordinance Number 10544, and as may be amended and updated from time to time, and any successor Comprehensive Plan. and development of a capital improvement project including, without administrative cots, Development shall have the meaning given it in F.S. §380.04, subject to exclusions contained herein. to the city's established planning distriet Dwelling unit shall mean one or more interconnected rooms with a single kitchen facility and sanitary facilities provided for the exclusive use of a single household. The term dwelling unit as used in this article shall be deemed to include mobile home and manufactured home dwellings. ng given it in city Ordinance Number Fire -Rescue System Improvement means system improvements that add capacity to the City's fire and rescue system, including facilities, fire suppression vehicles and equipment, and emergency medical services vehicles and equipment. General Services System Improvement means system improvements that add capacity to the City's administrative office space, capital equipment and vehicle fleets for the following departments: Building, Code Enforcement, NET, Economic Development, City Attorney, CIP, GSA, Information Technology, Parks, Public Works and Solid Waste. Governmental uses shall mean buildings or facilities owned and operated by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any city qf Miami Page 6 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number; 12750 agency thereof, a county, a special district, a school district, a municipal corporation, or a charter school organized and approved as a public school under section 228.056, Florida Statutes. Gross floor area (gfa) shall mean the total square footage of a building measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding parking areas within the interior of the building, on a particular site. If a site contains multiple buildings, the gross floor area shall be computed separately for each building. The definition of gross floor area in the ITE Trip Generation Manual shall be used to resolve any questions regarding calculation of gross floor area. High rise residential development shall mean development of residential buildings with ten (10) or more dwelling units per building. Impact Fee shall mean a fee, to be imposed at building permit issuance; and calculated based upon a new development's proms, ortionate share of the avrage cost of i ipact feo (elate new development creating the need for such facilities. Impact Fee Coefficient shall mean the charge per square foot of development as calculated costs by the -gross square footage of projected new development applicable to development for which a building permit application is submitted to and accepted as complete by the city prior to 5:00 pm on January 15, 2006 and imposed pursuant to Section 13-7 and Sections 13-22 through 1 3-27. of an impact fee. ITE Trip Generation Manual shall mean and refer to the report entitled "Trip Generation" Seventh Edition, 2003) of the Institute of Transportation Engineers, and any official updates thereto, as approved and accepted by the city. impfeveffne Low rise residential development shall mean development of residential buildings with two .(2) to nine (9) dwelling units per building, City of Miami Page 7 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 New development shall mean the carrying out of any building activity or the making of any material change in the use of a structure or land that requires the issuance of a Building Permit and which generates demand for capital facilities and equipment over and above the previously existing documented use of the structure or land, but excluding Governmental Uses and deminimis development under Section 13-6. Nonresidential development shall mean all new development other than residential development and Governmental Uses as herein defined, and including, but not limited to, industrial, manufacturing, warehousing, mini -warehousing, lodging, schools and daycare, hospital, nursing home, general office, medical -dental office, business park, and commercial uses, and which includes those uses specified in the ITE Trip Generation Manual under Land Use Code Series 100, 300, 400, 500, 600, 700, 800, and 900. Owner -occupied units means dwelling units for individual sale by a developer and intended for occupancy by an owner, as opposed to rental residential development. Parks and Recreation System Improvement means land, capital improvements, capital facilities, and capital equipment that add capacity to the city-wide park system, waterfront park system or public pools/gymnasiums. City-wide parks include those parks that are at least 3 acres in size and have capital improvements that draw patrons from the entire geographic area of the city, including but not limited to, ball fields used for league play, swimming pools, and buildings used for recreation programs, Waterfront parks are city-wide parks, generally passive recreation areas, which provide public access to the bay, the Miami River and other bodies of water, including linear improvements or trails that connect waterfront parks. Police System Improvement means land, capital improvements, capital facilities, and capital equipment that add capacity to the City's police system, department impact fee invoice. Rental residential development shall mean dwelling units intended for long-term rental occupancy, as opposed to short-term rentals such as hotel/motel development. Single-family residential development shall mean development of detached buildings with one dwelling unit per building intended for occupancy by a single householdhave the meaning given it in city Ordinance Number 11000, as amended, the city zoning ordinance for the City of fllliami. System improvements shall mean capital improvement projects in the CIP, with a cost of at least $13,000 and a useful life of at least five (5) years, that provide additional capacity serving multiple development projects, multiple neighborhoods or the entire city. System improvements may include, but are not limited to, land, facilities, site improvements, furnishings, capital equipment, and vehicles. System improvements shall not include property dedications, capital facilities or capital equipment needed solely to serve a specific development. System improvements shall not include replacement, rehabilitation, operations or maintenance of land, City of Miami Page 8 428 Printed On: 12/16/2005 Fite Number: 05-01042 Enactment Number: 12750 facilities or equipment. System improvement cost shall mean amounts spent or appropriated in connection with the planning, financing, acquisition, construction and development of a system improvement including, without limitation, the costs of land acquisition and development, surveying, site testing, construction, design, engineering, construction management and inspection, permitting, legal services, financial services and administrative costs. Ancillary improvements directly related to a System improvement, including but not limited to, parking, drainage improvements, landscaping, and capital equipment and furnishings shall be considered part of the cost of the System improvement. System improvement costs shall not include costs related to operations, maintenance, rehabilitation or replacement of capital facilities or equipment. Site shall mean a legally described property capable of development pursuant to applicable city ordinances and regulations. Z regulations and nr e-lelineated nn th© official zoning atlas onrng etdin�ncc shall mean one of the instruments of implementation of the public purposes seq rAnded Sec. 13-6. Applicability of impact fee. This article chapter shall be uniformly applicable to all new development, and the appropriate impact fees shall be collected prior to issuance of a building permit, except where a building permit is issued for:exclusivc of single family, city owned or operated facilities and certain other development fees are:(1) li cingtefamily residential development (2) Any (a) Additions, remodels, rehabilitation or other improvements to an existing structure and reconstruction of a demolished structure which result in: a) net increase of development of less than 1,000 square feet for a nonresidential structure, which development is deemed to have a deminimis impact on the need for pubic facility capacity, or b) no not resulting in a net increase in the number of residential dwelling units for residential structures. (3) All —duplex in multiple family residential development located in the city's designated neighber-hood development zones or their equivalent as defined within the effective community Housing and Urban Development, as may be amended. {4} residential development, outside of the neighborhood City of Mann Page 9 of 28 Printed On: 72/16/2005 File Number: 05-01042 Enactment Number: 12750 (b6) Any development which is a nonprofit joint venture with the city, or citygovernment-owned ande -operated facility. (6) f chapter. (c7) Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West areawide DRI), for which a development order has been issued by the city before the effective date of this chapter, providing that the. building permit for such DRI is obtained within 15 months of the initial effective date of this chapter. (8) unitsofm , the purposes of this section, at least 70 percent of the u{a-its in such development shall be priced for purchase at a value not less than 121 percent and not more than 300 peroei t of the median value of- issued prior to December 31, 2005. Sec. 13-7. Imposition. of impactfees_ and establishment of impact. fee .benefit .districts. . (a) Except as set forth in sections 13-6 and13-8, no building permit shall be issued for a new development _as_herein . defined._ unless the applicant therefor has .paid ._the .impact _fees imposed by and calculated pursuant to this article chapter. ...Building permit applications submitted to and accepted as complete by the City prior to 5:00 pm on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to Sections 13-24 - 13-27. Building permit applications submitted to and accepted as complete by the City after 5:00 pm on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to Sections 13-7 through 13-12. Should a valid building permit issued by the city for an application submitted prior to 5:00 pm on January 15, 2006, expire after that time, the impact fees set forth in Sections 13-7 through 13-12 shall apply to the subsequent issuance of any building permit for that development. (b) Impactfees shall becalculated by the zoning departmentbased on thedevelopment included in the building permit application using: (1) the land use category or categories applicable to the development, (2) the number of dwelling units for residential, the gross square footage for nonresidential, or the specific units of development for certain types of nonresidential development, and (3) the applicable impact fee in each Section 13-9 through Sec. 13-12. If the land use applicable to a development is not listed in the fee schedules in Sections 13-9 through 13 -12, the fees for the most appropriate land use in the fee schedules, based on the characteristics of the proposed development, shall be imposed. When multiple types of development are included in a building, the impact fees shall be calculated for each type of development and included in the total impact fees due. When multiple buildings are included in a building permit application, the impact fees shall be calculated individually for each building and included in the total impact fees due. Where a final petition determination has been made by the City Manager or City opliatni Page 10 0f 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 a final decision issued by the city commission after a timely appeal, the impact fees due shall be calculated based on the petition determination or city commission decision. .(c) In furtherance of the implementation of this article, the city commission hereby establishes the following benefit districts and subdistricts for the identified impact fees: (1) Police Impact Fee Benefit District which boundary is identical with the boundary of the city, as may be adiusted from time to time; (2) Fire -Rescue Impact Fee Benefit District, which boundary is identical with the boundary of the city, as may be adjusted from time to time, with two subdistricts for collection, accounting and expenditures: Fire -Rescue Impact Fee North Subdistrict, defined by the Miami River and the boundary of the city lying northward of the Miami River; and Fire -Rescue Impact Fee South Subdistrict, which boundary is defined by the Miami River and the boundary of the city; lying southward of the Miami River; (3) General Services Impact Fee Benefit District which boundary is identical with the boundary of the city, as may be adjusted from time to time; and Parks and Recreation Impact Fee Benefit District which boundary is identical with the boundary of the city, as may be adjusted from time to time. Sec. 13-6. Deferral of impact fees for affordable housing. (a) In order to encourage the provision and retention of affordable housing for owner -occupancy and for rental, the city commission hereby establishes a program for the deferral of impact fees due on affordable housing dwelling units developed within the city. A resolution establishing the deferral program excluding definitions; criteria and additional requirements, as needed, shall be effective prior to submittal of any petitions for affordable housing impact fee deferral. The city may require, under the program resolution, annual reporting and any other requirements deemed necessary or appropriate for participation in the affordable housing impact fee deferral program. An applicant shall submit a petition for affordable housing deferral program determination under Sec. 13-16 for a determination of eligibility under this program prior to or in conjunction with the submittal of an application for a building permit. If the petition for affordable housing deferral program determination is submitted incomplete and/or too close in time to allow determination prior to issuance of the building permit, then the total impact fees due shall be paid prior to issuance of the building permit, and a petition for refund under Sec. 13-16(d) may be submitted if the development is approved for the deferral program. (b) Affordable housing impact fee deferralshall apply only to the dwelling.... units that qualify as affordable housing. Impact fees due on all portions of the development that do not qualify for deferral shall be paid in full prior to issuance of a building permit. A covenant running with the land shall be recorded on each dwelling unit by the applicant, or by the current property owner if the applicant is not the owner, which confirms to the requirements of the resolution establishing the affordable housing impact fee deferral program. The city may use all available legal mechanisms for collection of the impact fees due. The covenant language and form shall be acceptable to the Office of the City Attorney, which Office may provide standardised forms for use in the affordable housing deferral program. If a petition is approved, the property owner and the City shall execute an Affordable Housing Impact Fee Deferral Agreement, in a form acceptable to the Office of the City Attorney and as. specified in the applicable resolution establishing the deferral program. The City Manager is authorized to execute such agreements on behalf of the City. City of Miami Page 11 o f 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 Sec. 13-9. Police Impact Fee Schedule. Land Use Residential (per dwelling unit) Single Family Detached 210 Low Rise* 230 High Rise** 220 Nonresidential (per sq. ft. qfa) Light industrial 110 Manufacturing 140 Warehousing 150 Mini -Warehouse 151 Hospital 610 General Office (50,000 sf or less),710 General Office (50,001 - 100,000 sf) 710 General Office (100,001 - 200,000 sf) 710 Medical -Dental Office 720 Business Park 770 Commercial/Shop.Ctr. 25,000 sf or less 820 Commercial/Shop.Ctr. 25,001 - 50,000 sf 820 Commercial/Shop.Ctr. 50,001 - 100,000 sf 820 _ Commercial/Shop.Ctr. 100.001 - 200,000 sf 820 Commercial/Shop.Ctr. 200,001 - 40Q000 sf 820 Other Nonresidential (per indicated unit) Lodging (per room) 320 $87 Elementary School (per student), 520 $19 Secondary School (per student) 530 $26 Day Care (per student) 565 $69 Nursing Home (per bed) 620 $36_ NOTE: * Low Rise includes townhouses, duplexes, 3-4 and 5-9 units per building or structure. plus mobile homes and other (e.g. boats, recreational vehicles) High Rise includes 10 19, 20-49, and 50+ units per building or structure. ITE Code Police Impact Fee Sec. 13-10. Fire -Rescue pact Fee Schedule. Land Use ITE Code Residential (per dwelling unit Single Family Detached 210 Low Rise* 230 HighRise"* 220 Nonresidenial (per sq ft. qfa) Light Industrial 110 Manufacturing 140 Warehousing 150 Mini -Warehouse 151 Hospital 610 General Office (50,000 sf or less) 710 General Office (50.001 - 100,000 sf) 710 General Office (100,001 - 200,000 sf) 710 Medical -Dental Office 720 Business Park 770 Commercial/Shop.Ctr. 25,000 sf or less 820 Commercial/Shop.Ctr. 25,001 - 50,000 sf 820 $164 $144 $95 $0.107 $0.059 $0.076 $0.038 $0.271 $0.242 $0.206 $0.176 $0.559 $0.197 $0.751 $0.696 $0.609 $0.527 $0.452 Fire and Rescue Impact Fee $704 $619 $409 $0.210 $0.162 $0.116 0.003 $0.307 $0.355 $0.336 $0.317 $0.368 $0.287 $0.302 $0.260 Cifs, of Miami Page 12 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 Commercial/Shop.Ctr. 50,001 - 100,000 sf 820 $0.227 Commercial/Shop.Ctr. 100,001 - 200,000 sf 820 $0.201 CommercialfShop.Ctr. 200,001 - 400,000 sf 820 $0.181 Other Nonresidential (per indicated unit) Lodging (per room) 320 $40 Elementary School (per student) 520 $7 Secondary School (per student) 530 �8 Day Care (per student) 565 $14 Nursing Home (per bed) 620 $32 NOTE: * Low Rise includes townhouses, duplexes, 3-4 and 5-9 units per building or structure, plus mobile homes and other (e.g. boats, recreational vehicles). ** High Rise includes 10-19, 20-49, and 50+ units per building or structure. Sec. 13-11. Genera[ Services Impact Fee Schedule. Land Use 1TE Code General Services Impact Fee Residential (per dwelling unit) Single Family Detached 210 $413 Low Rise* 230 $363 High Rise*" 220 $239 Nonresidential (per sq. ft. qfa) Light Industrial 110 $0.087 Manufacturing 140 $0.068 Warehousing 150 $0.048 Mini -Warehouse 151 $0.001 Hospital 610 $0.128 General Office (50,000 sf or less) 710 $0.148 General Office (50,001 - 100,000 sf) 710 $0.140 General Office (100,001 - 200,000 sf) 710 $0.132 Medical -Dental Office 720 $0.153 Business Park 770 $0.120 CommercialUShop.Ctr. 25,000 sf or less 820 $0.126 Commerci.alWS.hop.Ctr. 25,001-. 50,000_sf 820 $0.108 CommercialfShop.Ctr. 50,001 - 100,000 sf 820 $0.095 Commercial/Shop.Ctr. 100,001 - 200,000 sf 820 $0,084 CommercialfShop.Ctr. 200,001 - 400,000 sf 820 $0.076 Other Nonresidential (per indicated unit) Lodging (per room) 320 $16 Elementary School (per student) 520 $3 Secondary School (per student) 530 P Day Care (per student) 565 $6 Nursing Home (per bed) 620 $13 NOTE: Low Rise includes townhouses, duplexes, 3-4 and 5-9 units per building or structure, plus mobile homes and other (e.g. boats, recreational vehicles) "" High Rise includes 10-19, 20-49, and 50+ units per building or structure. Cite of Miami .Page 13 of 28 Primed On: 12/16/2005 File Number: 05-01042 Enactment Number; 127501 Sec, 13-12. Parks and Recreation Impact Fee Schedule. Land Use ITE Code Parks and Recreation Impact Fee Residential (per dwelling unit) Single Family Detached 210 $6,818 Low Rise* 230 $5,998 High Rise** 220 $3,959 NOTE: * Low Rise includes townhouses, duplexes, 3-4 and 5-9 units per building or structure, plus mobile homes and other (e.g. boats. recreational vehicles) ** High Rise includes 10-19, 20-49, and 50+ units per building or structure. Sec. 13-13. Administration of impact fee. (a) Collection of impact fee: Impact fees due pursuant to this article chapter shall be collected by the Wig; building and zones department prior to issuance of a building permit. (b) Transfer of funds to finance department: Upon receipt of impact fees, theplanning;-building and zoning department shall transfer such funds to the city finance department which shall be responsible for placement of such funds into the appropriate separate accounts by type of impact fee and applicable benefit district, or applicable subdistrict for Fire -Rescue Impact Fees as hereinafter specified. AB 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. The funds of these accounts shall not be commingled with other funds or revenues of the city. (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 are segregated by type of impact feeproject and by benefit finning district or applicable subdistrict . A separate account shall be maintained for each type of impact fee by benefit district or subdistrict as follows: Fire -Rescue Impact Fee North Subdistrict Fire -Rescue Impact Fee South Subdistrict, Police Impact Fee District, General Services Impact Fee District, and Parks and Recreation Impact Fee District. Accounts established in 1988 for the original impact fee benefit/planning districts shall be maintained through FY2008. The city shall use its best efforts to appropriate and expend those funds within the appropriate benefit/planning district; however, the fund balances for the Fire -Rescue, Police, General Services, Solid Waste, and Parks and Recreation impact fee funds remaining at the end of FY2008 may be transferred to the appropriate impact fee benefit district or subdistrict established in Sec. 13-7(c) of this article and expended within that district or subdistrict. (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 moneys received, including revenue by building permit, and which shall document and ensure that the disbursement of funds from each account shall be used solely and exclusively in accordance with for tho provisions of this article For purposes of petitions for refunds under Sec. City of Miami Page 14 428 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 13-16 of this article, the expenditure and appropriation of impact fees shall be deemed to occur in the same sequential order as the collection of impact fees, in other words, the first fee in shall be the first fee out. (e) Refund of impact fcc: The current owner of property on which an impact fee has been paid may apply for a refund of such fee if the city has failed to encumber or spend the collected fees by the end of the calendar quarter immediately following six years of the date of payment of the impact fee; or the building permit for which the impact fee has been paid has lapsed for noncommencement of construction; or the project for which a building permit has been issued has been altered reeling in a deer ase in the amount of the impact fee due. 2k}- Only the current owner of property may petition for a refund. A petition for refund must be filed within one year of arty of the above specified events giving rise to the right to claim a refund, �3} The petition for refund shall be submitted to the city manager or his duly designated that petitioner is the current owner of the property; a certified copy of latest tax records of Metropolitan Dade County showing the owner of the subject property: a copy of the dated receipt for payment of thc impact fee iss-ued by thc city's department of planning, building and zoning statement of the basis upon which refund is sought. } Within one month of the date of receipt of a petition for refund, the city manager or his duly designated agent must provide the petitioner. in writing, with a decision on the refund request. The decision m-ust include the reasons for thc decision'. including, as may be appropriate, a determination of whether the collected fees have been encumbered or spent in accordance with the requirements of this chapter. If a refund is due to the petitioner, the city manager or his duly designated agent shall notify the city's finance director and request that a refund payment be made to petitioner. rate of three percent per annum. . Petitioner may appeal the determination of the city manager to the impact fee board of review: ,(e) Impact Fee Expenditures: Impact fees collected pursuant to this article shall be expended only for the type of system improvements for which the impact fee was imposed and only within the impact fee benefit district or subdistrict where the impact fee was collected, except as provided in sub section c above. Impact fees shall not be expended to eliminate any deficiencies in facilities, land or equipment that may result from adoption of an increased level of service. (f) Annual review and modification: The city, acting through appropriate staff or agents, shall annually, in conjunction with no later than 120 days after the annual capital budget and capital improvements program adoption process, review the impact fee ordinance procedures, assumptions, formulas, benefit district and subdistrict zone designations, and fee calculations, assessments and issue an annual report. The first annual report shall be issued after September 2006. The annual report shall be distributed to the city commission by the city manager. The annual report should, at a minimum, include information by individual benefit City of Miami Page 15 of 28 Printed On: 12/16/2005 Fife Number: 05-01042 Enactment Number: 12750 district, or subdistrict for the Fire -Rescue Impact Fee, on account balances, annual collections, annual expenditures, and system improvement projects funded in whole or in part with impact fees. The annual report should provide information on the number of owner -occupied units and rental units participating in the affordable housing impact fee deferral program, the number of units added annually, and the number of units no longer meeting the affordable housing deferral program criteria. The report should evaluate the effectiveness of the deferral program in encouraging the provision and retention of affordable housing and the effect, if any, of the deferral program on the provision of impact fee funded public facilities. The annual report should present any recommendations related to the impact fee system, including but not limited to, the need for any updates to the impact fee calculations, district boundaries, and ordinance. In reviewing the impact fee system, the city may consider (1) ID -development occurring in the prior year_- (2) Gconstruction of proposed public facilities.- (3) Gchanging facility needs- (4) tinflation and other economic factors„ (5) Rrevised cost estimates for public facilities, land and/or improvements— (6) Gchanges in the availability of other funding sources applicable to impact -fee -related capital improvements,. and (7) Ssuch other factors as may be relevant. The data in the annual report may be organized based on the city's fiscal year or calendar year. Nothing in this article shall be construed to limit the city commission's authority to amend this article at any time. adoption prior to October 1 of each year and :hall be effective on October 1. (g) Triennial review and modification: The city shall conduct a complete review of the impact fees every three years to determine if changes in costs. facility needs, development patterns, demographics, and any other relevant factors indicate a need to update the impact fee calculations, data methodology or other components of the impact fee system. The triennial report issued based on this review shall be distributed to the city commission by the city manager. Changes to the impact fee system, including updated fee calculations, should be adopted within a year of completion of the triennial report. Sec. 13-14. 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 of the impact fee due. The nonrefundable service charges are in addition to and shall be paid separately from the assessment impact fees 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 13-15. 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 funded 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 article chapter, however, City of Miami Page 16 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 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 system Improvements. Sec. 13-16. Establishment of impact fee board of review; appeal Administrative procedures for petitions for impact fee determinations, affordable housing deferrals, refunds and credits. (a) Petition process. (1) Petitions for an impact fee determination, affordable housing impact fee deferral. refund of impact fees and/or credit against impact fees shall be submitted using the petition process, requirements and time limits provided herein. All petition requests, except petitions for refunds under subsection (d) below, shall be accompanied by a fee of $250.00. Any officer, department, board, commission or agency of the city (collectively referred to as city "entities") submitting a petition shall not be required to pay said fee. (2) All petitions shall be submitted to the City Manager's Chief of Operations for processing and preparation of a staff report and recommendations on the petition. and the final determination on the petition shall be issued by the City Manager. The Chief of Operations is authorized to request analysis of the petition request by any and all appropriate city departments and staff in order to provide a complete and detailed review of and recommendations on the petition request to the City Manager. The staff report and recommendations shall be forwarded to the City Manager no later than sixty (60) days after filing of a complete petition. The City Manager shalt, no later than ninety (90) days of ilinq of the complete petition, issue a written determination on the petition, with the reasoning for the determination, based upon the petition data, the provisions of this article and applicable laws, and,_ if needed, direct the appropriate city staff to take the actions necessary to implement the determination. (3) Upon written agreement by the Chief of Operations and the petitioner. the time limits in this section may be waived for any reason, including, but not limited to, the submittal of additional data and supporting statments by the petitioner. The Chief of Operations .is authorized to determine whether a petition is complete and whether additional dta or supporting statements by appropriate professionals are needed. If the Chief of Operations determines that the petition is not complete, a written statement detailing the insufficiencies of the petition shall be provided to the petitioner ithin thirty (0) days of initial filing of the petition. The date of such written determination of insufficiency shall toll the time limits established in thi sectionuntil submittal of a complete petition. Any insufficiency not corrected during such time will cause the petition to not be considered, and it will be returned without the necessity of further action. (4) The filing of a petition shall stay action by the city on the application for building permit and any other city action related to the development. No building permit shall be issued for development for which a petition has been filed and is pending unless the total impact fees due have been paid in full or a sufficient bond or letter of credit satisfactory to the City Attorney has been filed with the city. i`) Petitions for impact fee determination. Any applicant, prior to, in con(unction with the submission of an application for a building permit, or within thirty (30) days of the date of payment of impact fees, may petition the City Manager for a determination that the amount of the impact fees imposed on the new development is inappropriate based on any or all of the following factors: the specific land use category applied to the residential or nonresidential development and the amount of development (dwelling units and/or gross square footage). The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate. The petition shall be on a form provided by the city and shall, at a minimum, include: identification of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon by the petition, City of Miami Page 17 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number; 12750 and a detailed statement by a qualified professional engineer, planner or other appropriate professional. and, if filed after payment of impact fees a dated receipt for payment of the impact fees issued by the city's building department. Failure to timely file a petition for impact fee determination shall waive any right to review or recalculation to decrease the impact fee payment. Petitions for affordable housing deferral program determinations. Any applicant for deferral of impact fees pursuant to the affordable housing impact fee deferral program established in Sec. 13-8 of this article and the applicable city resolution shall submit a petition prior to or with submittal of a building permit application. Failure to timely file a petition for affordable housing deferral program determination shall waive any right to participation in the affordable housing deferral program. Such petition shall be on a form provided by the city and shall, at a minimum, include the following: (1) A list of all affordable housing unit numbers by building with the total number of dwelling units for each building and the anticipated sales price or rental amount for each affordable housing unit; A list of all anticipated affordable housing unit owner names and current addresses and other contact information, (3) A covenant running with the land, previously recorded by the applicant in the public records of Miami -Dade County, for each affordable housing unit. The recorded covenant shall be on a form provided by the city and shall be in a form acceptable to the Offce of the City Attorney. (4) Any other information deemed relevan by city staff to a determination of eligibility under the affordable housing deferral poramcriteria esablished in this rticle and the applicable city commission resolution. (d) Petitions for refund of impact fees. (1) The current owner of property on which an impact fee has been paid may apply for a refund of such fee if the city has failed to appropriate or spend the collected fees by the end of the calendar quarter immediately following six years of the date of payment of the impact fee; if the building permit for whichthe impact fee has beenpaid has lapsed for noncommencement of construction; if the project for which a buiding permit has been issued has been altered resultin in a decrease in the amount of the impact fee due; or if the project has been approved for the affordable housing deferral program. (2) Only the current owner of property may petition for a refund. A petition for refund must be filed within ninety (90) days of any of the above -specified events giving rise to the right to claim a refund. Failure to timely file a petition for refund shall waive any right to an impact fee refund. (3) The petition for refund shall be submitted to the Chief of Operaton on a form provided by the City for such purpose The petition shall contain a notarize affidavit that petitioner is the current owner of the property: a certified copy of the latest tax records of Metropolitian Dade County showing the owner of the subject property, a copy of the dated receipt for payment of the impact fee issued by the city's building department; and a statement of the basis upon which the refund is sought. (4) Any money refunded pursuant tothis subsection shall be returned with interest at a rate of three percent per anum (e) Petition for credits againss Impact Fees. (1) Any applicant, as defined in this article, who elects to construct or dedicate all or a portion of a system improvement. as defined in this article, or, who escrows money with the City for the construction of a system improvement, may, if all criteria in this article and this subsection (e) are fulfilled, be granted a credit for such contribution against the impact fees otherwise due for the same type of system improvement. The Applicant must, prior to the applicant's construction, dedication or escrow of the system improvements submit a petition on a form provided by the city, obtain a determination of credit eligibility and the amount of any credit, and enter into a credit agreement with the city. The petition for credit shall contain, at a minimum, the following: a certified copy of the most recently recrded deed for the subject property, preliminry engineering plans and certified costs estimates b an architect en ineer or other a ro riate rofessional for the ro osed im rovement legal description of anyland proposed to be contributed, proposed schedule for completion of any construction/dedications, identification of the proposed improvement in the current adopted CIP and City of Miami Page 18 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 the amount of impact fee funding for the improvement, and identification in detail of the development against which the credits are to apply or which will pay the impact fees to be used for the credit, including the land use type(s), number of units/gross floor area, anticipated development schedule, and legal descriptions of the subject property. Any appeal of petition determinations on credits must be filed, heard, and determined prior to the applicant's construction, dedication or escrow for which the credit is requested. Failure to timely file a_petition for impact fee credits shall waive any right to impact fee credits./ cervices administration; and police. Said board shall be responsible for hearing the initial appeal (2) A credit shall be granted and the amount of the credit shall be determined by the City Manager if it is determined that the system improvement is in the adopted, current Capital Improvements Plan and is funded in whole or in part with impact fee revenue. The amount of the credit shall be based on actual costs certified by a professional engineer or architect submitted by the applicant and reviewed and approved by the appropriate City department. In no event shall the credit exceed the amount of impact fees budgeted for that system improvement or the amount of the impact fees for the same type of system improvements that are due from the development requesting the credit, whichever amount is smaller. If the impact fees due exceed the amount of credit, the applicant shall pay the impact fees due less the credit at the time of issuance of the building permit. (3) If a credit petition is approved, the applicant and the city shall enter into a credit agreement which shall provide for, but is not limited to, the following: the process to be used to verify actual costs1 the value of any dedicated land or methodology to determine the value of any dedicated land. the obligations and responsibilities of the applicant, including but not limited to: 1) public bidding or solicitation requirements, 2) engineering, design and construction standards and requirements to be complied with, 3) insurance, bonding and indemnification requirements. and 4) project inspection standards and responsibilities, 5) timing of the actions to be taken by the applicant; 6) transfer of title to land and improvements, 7) process for submittal of credit payment requests, and 8) timing of payments by the city. No impact fee credits shall be paid or provided until any land has been dedicated and conveyed to the city and/or the facilities have been constructed and accepted, or alternatively, until a bond has been posted to ensure the conveyance and/or construction. Any bond shall be issued by a Florida surety and in a form acceptable to the City Attorney and Risk Manager. The city's obligation to pay impact fee credits shall be limited to the impact fees collected from the development for a period not to exceed ten (10) years from the date of approval of the agreement. The credit agreement shall provide for forfeiture of any impact fee credit remaining at the end of such ten (10) year period. The credit applicant shall agree to provide recorded notice to subsequent purchasers/owners of the property regarding the credit, if any, that may be available to such purchasers and shall agree to indemnify the city for any and all costs and liabilities arising from any claims by others related to the impact fee credit. department, board, commission or agency of the city (collectively referred to as city "entities") may the following procedures: The aggrieved applicant or above -authorized city entity shall file a written Cit' of Miami Page 19 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 equal to the applicable development impact fee as calculated by the planning, building and zoning when he appellant is -a unit of government ( Time for appeals to impact fee board of review. An appeal to the impact fee board shall be (d) _ _ - . : r rr - ring 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) Ail decisions final. All decisions of the impa t fee board of review made under this chapter shall be deemed final unless properly instituted appeals are filed pursuant to this chapter. 4 { Fee required for review. All requests for review of decisions of the planning, building and zoning-depaftment shall be accompanied by a fee of $500.00. The city entities specified in paragraph {h} ; be no more than 45 days after receipt of the letter or notice of appeal; provided that the time limitationW subsequently scheduled meetings of the impact fee board of review. The director of the department of be in a form acceptable to the city attorney. No public notice is required. Sec. 13-17. Appeal to Request for city commission review. A decision petition determination by the City Manager impact fee beard f review shall be final unless a written notice of appeal to the city commissioner is filed with the director of the department of planning, building and zoning within 204-5 days of the date of the written determination by the City Managerrendition by that board, together with payment of a $500.00 fee. Such appealrequcst may be filed by the aggrieved -building -permit applicant, the petitioner, or by any officer, department, board, commission, or agency of the city. All such appeals to requests for review by the city commission shall be subject to the disclosure requirements of section 2-618 of the Code of the City of Miami. The above -specified city entities shall not be required to pay said fee. Failure to timely file a request for review of a petition determination shall waive any right to any further review of the petition determination. City of Mianu Page 20 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 Sec. 13 18. Procedures upon request for commie,,ion review. (b) The director of zoning shall then certify such appealsreque through the office of the city manager. (c) Appeals shall be filed on a form provided by the city and accompanied by ten (10) copies of all documents for consideration by the city commission, including but not limited to, the petition submittal and all accompanying documents, the petition determination, and any additional documents, exhibits, technical reports, or other written evidence the appellant wants the city commission to consider. Should the appellant want to submit additional written material after the initial filing of notice of appeal, ten complete copies of such material shall be submitted to the director of zoning no later than thirty (30) days prior to the hearing date. If any material is submitted after that date, the city commission shall reschedule the hearing to a later date to provide adequate time for review of the material by city staff and the city manager notwithstanding the ninety (90) day period established under subsection (d) below. Sec. 13 19. City commi cion powers on review. (d) The city commission on review shall have full power to affirm, reverse, or modify the action of the City Manager so long as suchcommission action is based on applicable law and the provisions of this articleimpact fee board of review. Said decision The appeal shall be heard by the city commission made on the record not more than 9045 days after the appeal is filed request for review by samc is mado by the appellantaggricved applicant. Sec. 13-1820. Judicial review. Any request for review of a decision by the city commission under this article chapter shall be made by filing an appeal within 30 days of said decision with the circuit court in accordance with the Florida Rules of Appellate Procedure. Sec. 13-1921. Effect of impact fee on planning, zoning, subdivision, and other regulations. This article chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements or any other aspect of the development of land or provision of public improvements subject to the city's comprehensive plan, zoning regulations, subdivision regulations, or other regulations of the city, all of which shall be operative and remain in full force and effect without limitation with respect to all such development. Sec. 13-202.....Impact fee as additional and supplemental requirement, The city development payment of impact fees imposed pursuant to this article is additional and supplemental, and not in substitution, any other requirements imposed by the city on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the comprehensive plan, the zoning ordinance, and to be coordinated with the city's capital improvement program, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of public facility improvements in conjunction with the development of land. In no event shall a property owner be obligate -et required to pay impact fees for the same improvements in an amount in excess of the amount calculated pursuant to this articleohapter; provided, however, that a property owner may be required to provide or pay, pursuant to Metropolitan Dade County, State of Florida and/or city ordinances, City of Miami Page 21 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 policies or regulations, for ether -public facility improvements in addition to payment of impact fees pursuant to this articlethe impact fee related imprevernents as specified herein. Nothing in this article shall be construed as a guarantee of adequate public facilities at the time of development of any particular property. Sec. 13-21. Alternative collection method. In the event that the appropriate amount of impact fees due pursuant to this article are not paid prior to the issuance of a building permit, the city may elect to collect the impact fees due by any other method which is authorized by law. Sec. 13-22. Previous impact fee schedules. The language presented in Sec, 13-22 through Sec. 13-27 is retained from previous Sec. 13-8 through Sec. 13-12 for the purpose of imposition of impact fees on development with building permit applications submitted and accepted as complete by the city prior to 5:00 pm on January 15, 2006, Sec. 13-23 through Sec. 13-27 are applicable only to development with building permit applications submitted and accepted as complete by the city prior to 5:00 pm on January 15, 2006 which development proceeds to issuance of certificate of occupancy without lapse or expiration of the original building permit. Sec. 13-238. Establishment of development subareas. Development subareas are established as shown on the "City of Miami Planning District Maps" attached hereto and incorporated herein but not printed in the Code by reference as appendix A. Sec. 13-24Q- Development potential by subarea. Planning District Residential Nonresidential Total Edison 772,320 1,289,836 2,062,156 Downtown 20.006,667 10,493,783 30,500,450 Coconut Grove 3,099,000 1,057,868 4,156,868 Little Havana 1,371,840 3,231,166 4,603,006 Flagami 604..800 507,128 1,111,928 Allapattah 684,000 2,480,863 3,164,863 Virginia Key 0 310,000 310,000 Total square footage 26,538,627 19,370,644 45,909.271 *Projections are for the period April 1, 1988, through March 31, 2005. Note: See appendix B of Ord. No. 10426 [not printed in the Code] for a more detailed breakdown. (Ord. No. 10426, § 2, 4-28-88; Code 1980, § 13-9) Sec. 13-251-0. Impact -fee -related capital improvement program by subarea. Total project costs by subareas are as follows: Estimated Costs of Additional Facilities --Total Planning Police Fire and Parks and Streets Storm Solid General overall Cost District Rescue Recreation Sewers Waste Services Administration City of Miami Page 22 of 28 Printed On: 12/16/2005 ile Number: 05-01042 Enactment Number: 12750 Edison $379,398 S35,580 $168,205 $608,613 $304,303 $200,994 $150,732 $1,847,825 Downtown 3,256,425 1,099,605 7,375,087 8,597,750 4,298,871 2,129,138 1,425,681 28,182,557 Coconut 352,578 47,410 539,964 1,862,288 931,141 277,090 169,499 4,179,970 Grove Little 939,672 68,574 298,781 959,993 479,993 469,284 363,988 3,580,285 Havana Flagami 154,926 0 131,721 603,595 301,794 97,335 66,545 1,355,916 Allapattah 714,410 0 148,970 1,053,562 526,778 337,855 270,536 3,052,111 Virginia 87,635 • 0 0 0 0 37,019 31,737 156,391 Key Total cost $5,885,044 $1,251,169 38,662728 313,685,801 $6,842,880 $3,548,715 $2,478,718 $42,355,055 Residential --Estimated Costs of Additional Facilities Planning Police Fire and Parks and Streets Storm Solid General Overall Cost District Rescue Recreation Sewers Waste Services Administration Edison $314,767 $9,654 $168,205 $227,938 $113,967 $46,964 Downtown 289,863 394,357 3,137,360 5,639,665 2,819,831 875,977 351,309 13,508,362 Coconut 53,524 20,969 539,964 1,388,362 694,179 150,762 61,194 2,908,954 Grove Little 26,232 11,602 298,781 286,107 143,052 83,421 33,178 882,373 Havana Flagami 11,565 0 131,721 328,308 164,153 36,776 14;627 687,150 Allapattah 13.079 0 148,970 227,698 113,848 41,593 16,543 561,731 Virginia 0 0 0 0 0 0 0 0 Key Total cost $409,030 $436,582 $4,425,001 $8,098,078 $4,049,030 $1,235,493 $495,530 $19,148,744 Nonresidential --Estimated Costs of Additional Facilities Planning Police Fire and Parks and Streets Storm Solid General Overall District Rescue Recreation Sewers Waste Services Cost Administration Edison $364,631 325,926 $0 $380,675 $190,336 $154,030 $132,053 $1,247,651 Downtown 2,966,562 705,248 4,237,727 2,958,085 1,479,040 1,253,161 1,074,372 14,674,195 Coconut 299,054 26,441 0 473,926 236,962 126,328 108,305 1,271,016 Grove Little 913,440 56,972 0 673,886 336,941 385,863 330,810 2,697,912 Havana Flagami 143,361 0 0 275,287 137,641 60,559 51,918 668,766 Allapattah 701,331 0 0 825,864 412.930 296,262 253,993 2,490,380 Virginia 87,635 0 0 0 0 37,019 31,737 156,391 Key Total cost $5,476,014 $814,587 $4,237,727 $5,587,723 $2,793,850 $2,313,222 $1,983,188 $23,206,311 $18,679 $600,174 Sec. 13-26. Development impact fee coefficients. Residential Impact Fee Coefficients by Type of Service and Planning District (dollars per square foot) City of Miami Page 23 of 28 Printed On: 12/16/2005 File Number: 05-01042 Enactment Number: 12750 Planning Police Fire and Parks and Streets Storm Solid General Overall District Rescue Recreation Sewers Waste Services Cost Administration Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key Planning Police District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key 0.019 0.013 0.218 0.295 0.148 0.061 0.024 0.778 0.014 0.020 0.157 0 282 0.141 0.044 0.018 0.676 0.017 0.007 0.174 0.448 0.224 0.049 0.020 0.939 0,019 0.008 0.218 0.209 0.104 0,061 0.024 0.643 0.019 0.000 0.218 0.543 0.271 0.061 0.024 1.136 0,019 0.000 0.218 0.333 0.166 0.061 0.024 0.821 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Nonresidential Impact Fee Coefficients by Type of Service and Planning District (dollars per square foot) Fire and Parks and Streets Storm Solid General Overall Rescue Recreation Sewers Waste • Services Cost Administration 0.283 0.020 0.000 0.295 0.148 0.119 0.102 0.967 0.283 0.067 0.404 0.282 0.141 0.119 0.102 1.398 0.283 0.025 0.000 0.443 0.224 0.119 0.102 1.201 0.283 0.018 0.000 0.209 0.104 0.119 0,102 0.835 0.283 0.000 0.000 0.543 0.271 0.119 0.102 1.318 0.283 0.000 0.000 0.333 0,166 0.119 0.102 1.003 0.283 0.000 0.000 0.000 0.000 0.119 0.102 0.504 The derivation of impact fee coefficients by type of service is as follows: a. Police --Residential Planning District Edison Estimated cost of $14,767 improvements Projected residential 772,320 residential growth (sq.ft.) Impact fee $0.019 coefficient ($/sq. ft.) Planning District Estimated cost of improvements Projected nonresidential growth (sq. ft.) Impact fee coefficient ($/sq.ft,) Downtown Coconut Little Havana Flagami Allapattah Virginia Key $289,863 $53,524 $26,232 $11,565 $13,079 $0 20,006,667 3,099,000 1,371,840 604,800 684,000 0 $0.014 $0.017 $0.019 $0.019 $0.019 50.000 b. Police --Nonresidential Edison Downtown Coconut Grove $364,631 $2,966,562 $299,054 1,289,836 10,493, 783 1,057,868 $0.283 $0.283 $0.283 Little Havana Flagami Allapattah Virginia Key $913,440 $143,361 $701,331 $87,635 3,231,166 507,128 2,480,863 310,000 $0.283 $0.283 $0.283 $0.283 c. Fire and rescue -Residential City of Miami Page 24 of 28 Printed On: 12/16/2005 Fite Number: 05-01042 Enactment Number: 12750 Planning District Estimated cost of improvements Projected residential growth (sq. ft.) Impact fee coefficient ($isq. ft.) Planning District Estimated cost of improvements Projected nonresidential growth (sq. ft.) Impact fee coefficient ($Isq. ft.) Planning District Estimated cost of improvements Projected residential growth (sq. ft.) Impact fee coefficient ($Isq. ft.) Planning District Estimated cost of improvements Projected nonresidential growth (sq. ft.) Impact fee 0.000 coefficient ($Isq. ft.) Planning District Edison Estimated cost of improvements Projected residential 772,320 growth (sq. ft.) Impact fee 0.295 coefficient ($Isq. ft.) $227,938 Planning District Estimated cost of improvements Projected nonresidential growth (sq. ft.) Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $9,654 $394,357 $20,969 $11,602 $0 $0 $0 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0 $0.013 $0.020 $0,007 $0,008 $0.000 $0.000 $0.000 d. Fire and rescue --Nonresidential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $25,926 $705,248 $26,441 $56,972 $0 $0 $0 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000 $0.020 $0,067 $0.025 50.018 $0.000 $0.000 $0,000 e. Parks and recreation --Residential Edison Downtown Coconut Grove Little Havana Flagami Alapatah Virginia Key $168,205 $3,137,360 $539,964 $298,781 $131,721 $148,970 $0 772,320 20,006,667 3,099,000 1,371,840 604,800 684.000 0 0.218 0.157 0.174 0.218 0.218 0.218 0.000 f. Parks and recreation --Nonresidential Edison Downtown Coconut Grove Lille Havana Flagami Allapattah Virginia Key $0 $4,237,727 $0 $0 $0 $0 $0 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000 0,404 0.000 0.000 0.000 0.000 0.000 g. Streets --Residential Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $5,639,665 $1.388,362 $286,107 $328,308 $227,698 $0 20,006,667 3,099,000 1,371,840 604,800 684,000 0 0,282 0.448 0.209 0.543 0.333 0.000 h. Streets --Nonresidential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key 5380,675 $2,958,085 $473,926 $673,886 $275,287 $825,864 $0 1,289,836 10,493,783 1,057,88 3,231,166 507,128 2,480,863 310,000 City of Miami Page 25 of 28 Printed On: T2/16/2005 He Number: 05-01042 Enactment Number: 12750 Impact fee coefficient ($fsq. ft.) 0.295 0,282 0.448 0.209 0.543 0.333 0.000 i. Storm sewers --Residential Planning District Estimated cost of improvements Projected residential growth (sq. ft.) Impact fee coefficient ($/sq. ft.) Planning District Estimated cost of improvements Projected nonresidential growth (sq, ft.) Impact fee coefficient ($/sq. ft) Planning District Estimated cost of improvements Projected residential growth (sq. ft.) Impact fee coefficient ($fsq. ft.) Planning District Estimated cost of improvements Projected nonresidential growth (sq, ft.) Impact fee coefficient ($/sq. ft.) Planning District Estimated cost of improvements Projected residential growth (sq, ft,) Impact fee coefficient ($lsq. ft.) Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $113,96 cell $2,819,831 $694,179 $143,052 $164,153 $113,843 $0 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0 0,148 0.141 0.224 0.104 0.271 0.166 0.000 j. Storm sewers --Nonresidential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $190,336 $1,479,040 $236,962 $336,941 $137,641 $412,930 $0 1,289,83610,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000 0.150 0.140 0.220 0.100 0.270 0.170 0.000 k. Solid waste --Residential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $46,964 $875,977 $150,762 $83,421 $36,776 $41,593 $0 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0 0.061 0.044 0.049 0.061 0.061 0.061 0.000 I. Solid waste --Nonresidential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $154,030 $1,253,161 $126,328 $385,863 $60,559 $296,262 $37,019 1,289,83610,493,783 1,057,868 3,231,166 507,128 2,480,863 310.000 0,119 0.119 0.119 0.119 0.119 0.119 0.119 m. General services administration --Residential Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key $18,679 $351,309 S61,194 $33,178 $14,627 $16,543 $0 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0 0.024 0.018 0.020 0.024 0.024 0.024 0.000 City of Miami Page 26 of 28 Printed On: 12/16/2005 Re Number: 05-01042 Enactment Number: 12750 n. General services administration --Nonresidential Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key Estimated cost of $132,053 $1,074,372 $108,305 $330,810 $51,918 $253,993 $31,737 improvements Projected nonresidential 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000 growth (sq. ft.) Impact fee 0.102 0.102 0.102 0.102 0.102 0.102 0.102 coefficient ($/sq. ft.) Sec. 13-2712. Calculation of impact fee. (a) Upon receipt and acceptance by the city of an complete application for a building permit for a new development prior to 5:00 pm on January 15, 2006, the planning, building and zoning department shall determine the amount of the impact fee due pursuant to the following procedure: (1) Determine whether the development is exempt as follows: section 13 6. ,(i) single-family residential development; (ii) development of less than 1,000 square feet not resulting in a net increase in the number of residential dwelling units; (iii) duplex in multiple family residential development located in the city's designated neighborhood development zones or their equivalent as defined within the effective community development block grant program approved by the city and accepted by the U.S. Department of Housing and Urban Development, as may be amended: (iv) duplex and multiple family residential development. outside of neighborhood development zones or their equivalent as stipulated hereinabove, which is certified by the department of community development as affordable housing, with the waiver calculated as a pro rata amount represented by the relationship of the number of affordable housing units in such development, as certified by the department of community development, to the total number of units in such development; (v) any development which is a nonprofit ioint venture with the city, or city -owned or -operated facility; (vi) any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West areawide DRI), for which a development order has been issued by the city before the effective date of this article, providing that the building permit for such DRI is obtained within 15 months of the effective date of this article; (vii) as of November 19, 2002, the first three residential development projects that include 201 or more units of multiple family, owner -occupied housing valued for purchase by middle -income families located within the downtown central business district, for which a building permit for construction, not merely for demolition or foundation work, is issued by the city no later than December 31, 2005, which development shall have at least 70 percent of the units in such development priced for purchase at a value not less than 121 percent and not more than 300 percent of the median value of owner -occupied dwelling units in the city as listed in the 2000 U.S. Census, the exemption shall apply only to the residential portion of the development and only to the portions of the development for which the specified building permit is issued prior to December 21, 2005. (2) Identify the property's development subarea (i.e., the planning district wherein it falls). (3) Calculate the gross square footage of floor area of the building for residential and nonresidential, excluding any exempt portions of the development pursuant to subsection (a)(1) above. (4) Multiply the gross . square footage of the development by the appropriate subarea impact fee coefficients in section 13-26. (5) Review and, if appropriate, reduce, upon written request of the applicant and verification by the planning, building and zoning 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 City of Miami Page 27 of 28 Printed On: 12/16/2005 File Number 05-01042 Enactment Number: 12750 be submitted by the applicant and shall be subjct 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 article chapter. (b) Prior to making an application for a building permit, an applicant may request a nonbinding good -faith impact fee estimate from the planning, building and zoning department. The estimate shall be based upon the development potential of the particular site as measured by either: (1) The maximum allowable gross square footage permitted by existing zoning; or (2) The total gross square footage indicated in the applicant's building plan. The square footage thus determined is then multiplied by the applicable impact fee coefficient. Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisionsof this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} APPROV RM AND CORRECTNESS JORGE L. ERN ° NDEZ CITY ATTNE Footnotes : {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are new in effect and remain unchanged. Astericks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 28 428 Printed On: 12/16/2005