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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.mlami.fl.us
Final Action Date:
File Number: 05-01042
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 ACT FEES;
ACCOUNTING AND
PROVIDING CERTAIN REQUIREMENTS FOR COLLECTION,
EXPENDING IMPACT FEES AND REQUIRING ANNUAL REVIEW AND
TRIENNIAL UPDATE 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
ABI DI TE; AND Y CLAUSE, CONTAINING
PROVISION,
SEVEREVER
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 es, increasedis a
vital need to update the impact fees to address increased costs of providing public
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
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File Number: 05-01042
compliance with Florida Statutes on this proposed ordinance; and
WHEREAS, the City Commission has considered the information and recommendations presented
in Economic &
"Grog Consultants,
ts,Capital atImprovements Setember 16, 2005, and comments from, the public and other interested
Planning Consultants, dated p
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 `s 13, Articlee and in the public I, of the City Codelnterest to
adopt and implement the proposed amendments to Chapter
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 developmentiDevelownent,
generates increased demands
upon city public facilities and services o accommodate drequires
those additional facilities, facility capacity, and
capital equipment -se -Moss in or
(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)
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
the --ems.
Gity of Miami
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(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 —the additional capital facilities, capital improvements, and capital equipment
needed to provide additional capacity
development.
01 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,
hereby adopts September
and incorporates
16, 2005
(hereinafter "Impact Fee Report - 2005"). The city comm
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 ' development as further described below, in order to finance
specified public facilities and capital equipment; needed to accommodate the demand forme# -is
14niquely created by such 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.
(4-).
(23
(4)
(6)
facility;
building —permit —fey -ski
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File Number: 05-01042
1)
31, 2-005.
Sp). The city commission hereby finds and declares that there is a Iona -term need to encourage the
provision and retention of owner -occupied and rental affordable housing throuahaut 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. a permit
This article chapter is intended to impose art impact fees, payable order to at the time of building ing p fund
issuance, in
--additional capital improvements, capital facility capacity, and capitalff attributablen equipmefevllded�tO new
needed to address the demand for public facilities whi
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 fenew provide fo�nt. It is the City coordiriat on with Miami Dade
intent to suspend imposition of the streetimpact
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 Loci the
authority granted by the Florida Constitution, article VII, sectsons City 1(f),
of 1(g) and 2{b), Miami Charter, and Mp
the Local
al
Home Rule Powers Act, F.S. ch. 166, as amended {9653,
Government Comprehensive Planning and Land Development additLocal RegulationGot (F,S Comprehensive
163.3161 t
seg., as amended � ) In
Planning and Land Development Regulation Act, F.S. § 163.3202(3), as amended, encourages the
use of innovative land development regulations. including impact fees_ The provisions of this article
shatter 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
articleohapter.
Sec. 13-5. Definitions.
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As used in this article,ohapter 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 propertv 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):
Appropriation shall mean, for purposes of this article,. funds identified relatedin the budget
tpital system
improvement.
nee:
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
n existing
_permits required for demolition of
. For purposes
of -this..article,_a buildingpermitapplication shall be considered complete and accepted by the city
- as of--#tae--date-and -time -of .-original-subrnit#ab-uildinch-pia ns.-have--bee n-_filed as
prescribed by the city's zoning ordinance, as amended, and provided that the building permit for
such development is obtained within sixty (60) calendar days of the original submittal.
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 aIt capitatar l projects e any changes re that are proposed to be initiated in that fiscal year
funding in that fiscal year.
Capita! 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 ,
for
which funds are appropriated in the CIP. Capital improvement proiects, 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.
City of Miami
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File Number: 05-01042
(-}
(2)
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.
administrative costs.
Development shall have the meaning given it in F.S. §380.04, subject to exclusions
--contained_a-rein.- --
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.
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 anv
agency thereof, a county, a special district, a school district, a municipal corporation, or a charter
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File Number: 05-01042
school organized and approved as a public school under section 228.056, Florida Statutes.
Gross floor area (pfa) 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 sito. 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 proportionate share of the average cost of impact -fee -related -
new development
Impact Fee Coefficient shall mean the charge per square foot of development as -salmi -Wed
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
13-27 ,
ITE Trip Generation Manual shall mean and refer to the report entitled "Trio Generation"
----(Sep►enth_alitionr-200.3)-..-of. he�l-nstitote-Of-Transportation Enaineers._a.n.d-arl1 _.official -updates
thereto, as approved and accepted by the city.
Low rise residential development shall mean development of residential buildings with two
(2) to -nine -RA -dwelling -units per building,.
,
New development shall mean the carrying out of any building activity or the making of any
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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 plan, 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 Citv's police system.
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 household g
Miami.
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 proiects, 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 properly dedications, capital
facilities or capital equpment needed solely to serve a specific development. System
improvements shall not include replacement, rehabilitation, operations or maintenance of land,
facilities or equipment.
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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
se .,
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: ,
fees are: (1) i
,(a} Additions, remodels, rehabilitation or other improvements to an existing structure and
reconstruction of a demolished structure which result in: a) net increase of develepmer-ef 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 reeulting in a net increase in the number of
residential dwelling units for residential structures.
(b6) Any development which is a overnment-owned
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ander -operated facility.
(c) 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.
Sec. 13-7. Imposition of impact fees and establishment of impact fee benefit districts.
fal 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--ax#icle_shapter._ i.Idinsj-permit-appiicataans--submitted--to and
-aeeepted-as--eemIlete-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.
flal Impact fees shall be calculated by the zoning department based on the development included
in the building permit application using: (1) the land use category or categories applicable to the
development; (2) he-ntrr ber-of-dwelling--units-for-residential; the gross -square -foot -age -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
a final decision issued by the city commission after a timely appeal, the impact fees due shall be
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File Number: 05-01042
calculated based on the petition determination or city commission decision.
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 adjusted from time to time;.
f_21 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;
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. 13-8. Deferral of impact fees for affordable housing.
u 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 reportin acid any other requirements deemed. necessary or ap_propriate for
participation in the affordable housing im_pact 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.
fLol Affordable housing impact fee deferral shall 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.
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Sec. 13-9. Police Impact Fee Schedule.
Land Use ITE Code Police Impact Fee
Residential (per dwelling unit)
Single Family Detached 210 $164
Low Rise* 230 $144
High Rise** 220 $95
Nonresidential (per sq. ft. gfaj
Light Industrial . 110 $0.107
Manufacturing 140 $0.059
Warehousing 150 $0.076
Mini -Warehouse 151 $0.038
Hospital 610 $0.271
General Office (50,000 sf or less) 710 $0.242
General Office (50,001 - 100,000 sf) 710 $0.206
General Office (100,001 - 200,000 sf) 710 $0.1N
Medical -Dental Office 720 $0.559
Business Park 770 $0.197
CommerciallShop.Ctr. 25,000 sf or less 820 $0.751
CommerciallShop,Cir. 25.001 - 50,000 sf 820 $0.696
Commercial/Shop,Clr. 50,001 - 100.000 sf 820 $0.609
Commercial/Shop.Ctr. 100,001 - 200,000 sf 820 $0.527
Commercial/Shop.Ctr. 200,001 - 400,000 sf 820 $0.452
Other Nonresidential (per indicated unit)
Lodging (per room) 320 $87
Elementary School (per student) 520 19
Secondary School (per student) 530.
Dav 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.
Sec. 13-10. Fire -Rescue Impact Fee Schedule.
Land Use
ITE Code Fire and Rescue
Impact Fee
Residential (per dwelling unit)
Single Family Detached 210 $704
Low Rise* 230 $619
HighRise** 220 $409
Nonresidenlal (per sq. ft. (la)
Light Industrial 110 $0.210
Manufacturing 140 $0.162
Warehousing 150 $0.116
Mini -Warehouse 151 0.003
Hospital 610 $0.307
General Office (50,000 sf or less) 710 $0.355
General Office (50,001 - 100,000 sf) 710 $0.336
General Office (100,001 - 200,000 sf) 710 $0.317
Medical -Dental Office 720 $0.368
Business Park 770 $0.287
Commercial/Shop.Ctr. 25,000 sf or less 820 $0.302
Commercial/Shop.Ctr. 25,001 - 50,000 sf 820 $0.260
Commercial/Shop.Ctr. 50,001 - 100,000 sf 820 $0.227
Commercial/Shop.Ctr. 100,001 - 200,000 sf 820 $0.201
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Commercial/Shop.Ctr. 200,001 - 400,000 sf 820 $0.181
Other Nonresidential (per indicated unit)
Lodging (per room) 320 $40
Elementary School (per student) 520
Secondary School (per student) 530
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. General Services Impact Fee Schedule.
Land Use ITE Code General Services
Impact Fee
Residential (per dwelling unit)
Single Family Detached 210 $413
Low Rise* 230 $363
High Rise** 220 $239
Nonresidential (Per ._sg,_ft. afa). _
Light industrial 110 $0.087
Manufacturing 140 $0.068
Warehousing 150 $0.048
—_ __ Mini�]4a ouse-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
Commercial/Shop.Ctr, 25.000 sf or less 820 $0,126
Commercial/Shop.Clr. 25,001 - 50,000 sf 820 $0.108
Commercial/Shop.Ctr. 50,001 - 100,000 sf 820 $0.095
Commercial/Shop.C1r. 100,001 - 200,000 sf 820 $0.084
Commercial/Shop.Ctr. 200.001 - 400,000 sf .. 820-$0.076 .
Other Nonresidential (per indicated unit)
Lodging (per room) 320 $16
Elementary School (per student) 520
Secondary School (per student) 530
Day Care (per student) 565 $B
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.
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Sec. 13-12. Parks and Recreation Impact Fee Schedule.
Land Use 1TE 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 homesnd
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
planning, building and zoning department prior to issuance of a building permit.
(b) Transfer of funds to finance department: Upon receipt of impact fees, the planning, 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
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. 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 feeproject7 and by benefit planning district or applicable
subdistrict and -Wilding -permit. 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 FY20O8 may be transferred to the appropriate impact fee
benefit district or subdistrict established in Sec. 13-7(clof 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 fey-tho provisions of this article
For purposes of petitions for refunds under Sec.
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
City of Miami Page 14 of 28 Printed On: 12/6/2005
File Number: 05-01042
fee out.
(e) Refund of impact foo:
-of pr
sale -near- uanerHinmeoiatety-teitowinci-six--years--04rie--date--0-PaYffient--Gf--the-4mpast--fee-Gr-tbe
building permit for which the impact fee has been paid he I,ipsed for noncommencement of
impact fee issued by tho city'c department of planning, building and zoning etatoment of tho back
The decision mutt include the reasons for the decision including, as may be appropriate, a
requ'rernertn of this ehepter. if a rofund is due to the petitiener, the city manager or hit, duly
review-
t.el 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, ' 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
district, or subdistrict for the Fire -Rescue Impact Fee, on account balances, annual
collections, annual expenditures, and system improvement proiects funded in whole or in part
City of Miami Page 15 of28 Printed On: 12/6/2005
File Number: 05-01042
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 considermake such modifications as are deemed necessary as a result of:
(1) gdevelopment occurring in the prior year-
(2) Gconstruction of proposed public facilitiesz:
(3) Changing facility needs,y
(4) +inflation and other economic factors1-
(5) Revised 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 yoar and shall be affective on October 1.
(g) Triennial review and modification: The city shall conduct a complete review of the impact fees
every three nears 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 (elated 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 ehaptef, 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 system
City of Miami Page 16 of 28 Printed On; 12/6/2005
File Number: 05-01042
improvements.additional facilities projects.
Sec. 13-16. Administrative procedures for
petitions for impact fee determinations, affordable housing deferrals, refunds and credits.
(a) Petition process. .,
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 .bv a fee of $250.00. Anv 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.
al 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 shall, no later than ninety (90) days of iling 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.
_Upon written -agreement -by. the. Chief -of --Operations and the petitioner, .the -time--limits in this
scctie ived for-e y reason; including-but-not-Iirnited to; the-submittaI 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.
al 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.
u• Petitions for impact fee determination. Any applicant, prior to, in conjunction 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,
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
City of Miami Page 17 of 28 Printed On: 12/6/2005.
File Number: 05-01042
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:
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,
01 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 Office of the City Attorney.
O Anv 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.
LOI Petitions for refund of impact fees.
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 proiect
for which a building 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.
0. Only the current owner of property may petition for a refund. A petition for refund must be filed
within ninety. .(9.0)_.days_of any .of the above -specified events _giving riseto the right to claim a refund.
Failure ts-timely #+le a-petit-ioflfor refund -shalt -waive -any -right to- -are-impact-fee-r-efund. -
u The petition for refund shall be submitted to the Chief of Operaton on a form provided by the
City -for__s_uch_purpose The.petition shall .contain..a_n.otarize_affidavit .thatpetitio.ner .is_ the__currentowner
of the-proper-a-.certified-caps--owe-latest-taX--r-ecor-ls of Metropolitian Dade County showing the
owner of the subiect 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.
Anv money refunded pursuant tothis subsection shall be returned with interest at a rate of three
percent per anum
ie1 Petition for credits againts impact Fees.
ill 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 improvement, 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 subiect property, preliminry engineering plans and certified costs
estimates by an architect, engineer or other appropriate professional for the proposed improvement,
legal description of anvland proposed to be contributed, proposed schedule for completion of anv
construction/dedications, identification of the proposed improvement in the current adopted CIP and
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,
City of Miami Page 18 of 28 Printed On: 12/6/2005
File Number: 05-01042
including the land use tvpe(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./
„ B
building and zoning; public works; parks and recreatien-anil-publie-faell4t4es—tife-feseenerai
;
-,------- _-.--._ -_� __1:__ n_:-, I�__�.I .,I -..II I- - re..r.nre,hle fnr he r�+r+ ♦he hill .�I �ar+n.�i
11_.........I �.......ytl
u 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.
01 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 costs,
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 .reouir_ements. 2) engineer-ino, _des.ign _and construction standards ._and .seauirements to be
complied-witk�- insurance; bondfr -a-nd--indemnification--r-equir-dents;---and-4)-project--inspection
standards and responsibilities, 5) timing of the actions to be taken by the applicant, 6) transfer of title
_to_ lend end_improvements,_ 71 Process_for_ ._sub mittal .of__credit __Myrna nt..seauests.. and. 8Ltimina of
payments -lay -the - _city. - -No -.im.pact-fee-credits- shall -be---paid-- or -provided-until-anv- 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 citv'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,
City of Miami Page 19 of 28 Printed On: 12/6/2005
File Number: 05-01042
bond or
building -and -zoning stating thorein tho bacis for such appeal,
46) ..
-6-
Sec. 13-17. Appeal to Request for city commission review.
fg). A deels-en petition determination by the City Manager ' shall be final
unless a written notice of appeal to the city commissionrequest-fer-review is filed with the director
of the department of ' i zoning within 204-6 days of the date of the written
determination by the City Manager , together with payment of a $500.00
fee. Such appealrequest may be filed by the applicant. the petitioner, or
by any officer, department, board, commission, or agency of the city. All such appeals to
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 Miami Page 20 of 28 Printed On: 12/6/2005
File Number: 05-01042
The director of ptae +ld zoning shall then certify such appeals&egeests through
the office of the city manager.
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.
The city commission on review shall have full power to affirm, reverse, or modify the action of the
City Manager so long as such commission action is based on applicable law and the provisions of this
article' . Said-desisieri The appeal shall be heard by the city commission
not more than 9045 days after the appeal is filed
evade by the appellantaggrievedl-appl•isaet:
Sec. 13-1824). Judicial review.
Any request for review of a decision by the city commission under this article chaptef 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 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 obligated required
to pay impact fees for the same improvements in an amount in excess of the amount calculated
pursuant to this articlechapter; 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,
policies or regulations, for ether public facility improvements in addition to payment of impact fees
pursuant to this article . Nothing in this
City of Miami Page 21 of 28 Printed On: 12/6/2005
File Number.: 05-01042
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. 13-248- Development potential by subarea.
Planning Dictrirt_ Residential _Nonrpsl ientlal—T.otal
-------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
Flagaml 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. 13-264-4. 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
Edison $379,398 $35,580 $168,205 $608,613 $304,303 $200,994 $150,732 $1,847,825
City of Miami Page 22 of 28 Printed On: 12/6/2005
File Number: 05-01042
Downtown
Coconut
Grove
Little
Havana
Flagami
Allapattah
Virginia
Key
Total cost
3,256,425 1,099,605 7,375,087
352,578 47,410 539,964
939,672 68,574
154,926
714,410
87,635
$5,885,044
Planning Police
District
Edison
Downtown
Coconut
Grove
Little 26,232 11,602 298,781 286,107 143,052 83,421 33,178
Havana
Flagami 11,565 0 131,721 328,308 164,153 36,776 14,627
Allapattah 13,079 0 148,970 227,698 113,848 41,593 16,543
Virginia 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
8,597,750 4,298,871 2,129,138 1,425,681
1,862,288 931,141 277,090 169,499
298,781 959,993 479,993 469,284 363,988
0 131,721
0 146,970
0 0
603,595 301,794 97,335 66,545
1,053,562 526,778 337,855 270,536
0 .0 37,019 31,737
$1,251,169 $8,662,728 $13,685,801 $6,842,880 $3,548,715 $2,478,718
Residential --Estimated Costs of Additional Facilities
Fire and Parks and Streets Storm Solid
Rescue Recreation Sewers Waste
General
Services
Administration
28,182,557
4,179,970
3,580,285
1,355,916
3,052,111
158,391
$42,355,055
Overall Cost
$314,767
289,863
53,524
Planning Police
District
$9,654 $168,205
394,357 3,137,360
20,969 539,964
$227,938
5,639,665
1,388,362
$113,967
2,819,831
694,179
$46,964
875,977
150,762
$18,679
351,309
61,194
13,508,362
2,908,954
882,373
687,150
561,731
0
_Nonresidential --Estimated Costs..mf Additional Facilities --
Fire and Parks and - Streets Storm Solid -
Rescue Recreation Sewers Waste
General Overall
Services Cost
Administration
Edison $364,631 $25,926 $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
$600,174
Sec. 13-26. Development impact fee coefficients.
Residential Impact Fee Coefficients by Type of Service and Planning District
(dollars per square foot)
Planning
Police Fire and Parks and Streets Storm Solid General Overall
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File Number: 05-01042
District Rescue Recreation
Sewers Waste Services Cost
Administration
Edison 0.019 0.013 0.218 0,295 0.148 0.061 0,024
Downtown 0.014 0,020 0,157 0.282 0,141 0.044 0.018
Coconut 0.017 0,007 0.174 0,448 0.224 0.049 0,020
Grove
Little 0,019 0,008 0,218 0,209 0.104 0.061 0.024
Havana
Flagami 0.019 0.000 0.218 0.543
Allapattah 0.019 0.000 0.218 0.333
Virginia 0.000 0,000 0.000 0,000
Key
0.271
0.166
0.000
0.061.
0.061
0,000
0,024
0.024
0.000
0.778
0.676
0,939
0.643
1.136
0.821
0.000
Nonresidential Impact Fee Coefficients by Type of Service and Planning District
(dollars per square foot)
Planning Police Fire and
District Rescue
Edison 0.283 0,020
Downtown 0.283 0.067
Coconut 0.283 0.025
Grove
Little 0.283 0.018 0.000
Havana
Flagami
Allapattah
Virginia
Key
Parks and Streets
Recreation
0.000
0.404
0.000
Storm
Sewers
Solid
Waste
0,295 0.148 0.119
0.282 0.141 0.119
0,443 0.224 0.119
General
Services
Administration
0.102
0.102
0.102
0.209 0.104 0.119 0.102
0,283 0.000 0,000 0.543 0.271 0.119 0.102
0.283 0,000 0.000 0.333 0.166 0,119 0.102
0,283 0.000 0.000 0.000 0.000 0.119 0.102
Overall
Cost
0.967
1.398
1.201
0.835
1,318
1.003
0.504
The derivation of impact fee coefficients by type of service is as follows:
a. Police --Residential
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 $0,000
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.)
Planning District
Edison Downtown
$364,631 $2,966,562
1,289,836 10,493,783
$0.283 $0.283
b. Police --Nonresidential
Coconut Grove Little Havana Flagami Allapattah Virginia Key
$299,054 $913,440 $143,361 $701,331 $87,635
1,067,868 3,231,166 507,128 2,480,863 310,000
$0,283 $0.283 $0.283 $0.283 $0.283
c. Fire and rescue -Residential
Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
City of Miami Page 24 of 28 Primed On: 12/6/200S
File Number: 05-01042
Estimated cost of
Improvements
Projected residential
growth (sq. ft.)
Impact fee
coefficient ($lsq. ft.)
$9,654 $394,357 $20,969
772,320 20,006,667 3,099,000
$0,013 $0.020 $0.007
Planning District
Estimated cost of
improvements
Projected nonresidential
growth (sq. ft.)
Impact fee
coefficient ($Isq, ft.)
Planning District
Estimated cost of
improvements
Projected residential
growth (sq. ft.)
Impact fee
coefficient ($/sq. ft.)
$11,602
1,371,840
$0.008
$0
604,800
$0,000
$0 $0
684,000 0
$0.000 $0.000
d. Fire and rescue --Nonresidential
Edison Downtown Coconut Grove
$25,926 $705,248 $26,441
1,289,836 10,493,783 1,057,868
$0.020 $0,067 $0.025
Little Havana Flagami
$56,972 $0
3,231,166 507,128
$0.018 $0,000
Allapattah Virginia Key
$0 $0
2,480,863 310,000
$0,000 $0.000
e. Parks and recreation --Residential
Edison Downtown Coconut Grove
$168,205 $3,137,360 $539,964
772,320 20,006,667 3,099,000
0.218 0.157
Planning District Edison
Estimated cost
of Improvements
Projected nonresidential
growth (sq. ft.)
Impact fee 0.000
coefficient ($/sq, ft.)
Planning District Edison
Estimated cost of $227,938
improvements
Projected residential 772,320
growth (sq. ft.)
Impact fee 0.295
coefficient ($Isq, ft,)
Planning District
Estimated cost of
improvements
Projected nonresidential
growth (sq. ft.)
Impact fee
coefficient ($Isq. ft.)
0.174
Little Havana Flagami
$298,781 $131,721
1,371,840 604,800
0,218 0.218
Allapatah Virginia Key
$148,970 $0
684,000 0
0.218 0,000
f. Parks and recreation --Nonresidential
Downtown Coconut Grove Litle 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;186-_ -507,128 2,480,863 310,000
0.404 0.000 0.000 0.000 0.000
g. Streets --Residential
Downtown Coconut Grove Little Havana Flagami
$5,639,665 $1,388,362 $286,107 $328,308
20,006,667 3,099,000 1,371,840 604,800
0.282 0,448 0.209 0.543
h. Streets --Nonresidential
Edison Downtown Coconut Grove Little Havana
$380,675 $2,958,085 $473,926 $673,886
1,289,836 10,493,783 1,057,868 3,231,166
0.295 0.282 0,448 0,209
0.000
Allapattah Virginia Key
$227,698 $0
684,000 0
0.333 0.000
Flagami Allapattah Virginia Key
$275,287 $825,864 $0
507,128 2,480,863 310,000
0.543 0,333 0,000
City of Mianif Page 25 of 28 Printed On: 12/6/2005
File Number: 05-01042
i. Storm sewers --Residential
Planning District
Estimated cost of
improvements
Projected residential 772,320
growth (sq. ft.)
Impact fee 0.148
coefficient ($/sq. ft,)
Planning District
Estimated cost of
improvements
Projected nonresidential
growth (sq. ft.)
Impact fee
coefficient ($}sq. ft.)
Planning District
Estimated cost of
improvements
Projected residential
growth (sq. ft.)
Impact fee
coefficient ($lsq, ft.)
Edison Downtown Coconut Grove
$113,96 cell $2,819,831 $694,179
20,006,667 3,099,000
0,141 0,224
Little Havana Flagami Allapattah Virginia Key
$143,052 $164,153 $113,848 $0
1,371,840 604,800 684,000 0
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
1,289,836 10,493,783 1,057,868 3,231,166
0,150 0.140
507,128 2,480,863 310,000
0.220 0.100 0.270 0.170 0.000
k. Solid waste --Residential
Edison Downtown Coconut Grove
$46,964 $875,977. $150,762
772,320 20,006,667 3,099,000
0.061 0.044 0.049
Planning District
Estimated cost of
improvements
Projected nonresidential
growth (sq. ft.)
Impact fee
coefficient ($}sq. ft,)
Planning District
Estimated cost of
improvements
Projected residential
growth (sq. ft.)
Impact tee
coefficient ($}sq. ft.)
Little Havana Flagami Allapattah Virginia Key
$83,421 $36,776 $41,593 $0
1,371,840 604,800 684,000 0
0.061 0.061 0.061 0.000
I. Solid waste --Nonresidential
Edison Downtown Coconut Grove
$154,030 $1,253,161 $126,328
1,289,836 10,493,783 1,057,868
0,119 0119 0.119
Little Havana Flagami
$385,863 $60,559
3,231,166 507,128
0.119 0.119
Allapattah Virginia Key
$296,262 $37,019
2,480,863 310,000
0.119 0.119
m. General services administration --Residential
Edison Downtown Coconut Grove
$18,679 $351,309 $61,194
772,320 20,006,667 3,099,000
0.024 0.018 0.020
Little Havana Flagami Allapattah Virginia Key
$33,178 $14,627 $16,543 $0
1,371,840 604,800 684,000 0
0.024 0.024 0.024 0.000
n. General services administration --Nonresidential
City of Miami
Page 26 of 28 Printed On: 12/6/2005
File Number: 05-01042
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 $31,737
improvements
Projected nonresidential 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000
growth (sq. ft.)
Impact fee 0.102 0.102 0,102 0,102 0.102 0,102 0,102
coefficient ($Isq. ft.)
Sec. 13-2742. 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 {alarm' d 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:
cection 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 citv'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 joint 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
ialaRRingT-lauil!rand 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
be submitted by the applicant and shall be subjct to review by the city. In no event, however, shall a
City of Miami Page 27 of 28 Printed On: 12/6/2005
File Number: 05-01042
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 pig- ►n d 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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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 of 28 Printed On: 12/6/2005