HomeMy WebLinkAboutO-12750City of Miami
Legislation
Ordinance: 12750
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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
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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 developmentDevelopment, other than single family residential and certain other
development as specifically defined herein, imposes excec•cive 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) To the extent that such development places demands upon the public facility infrastructure
of the city, those demands should be satisfied by New development should bear its share of
the costs of providing shifting the responsibility for financing the provision of such public
facilities, facility capacity, and capital equipment needed to accommodate the demand
generated by new developmentfrom the public at largo to the developments actually creating
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the demands.
(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 support such new development, which public
of development.
(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 all
new nonresidential and all new residential 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 s,� 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. Specifically exempted from such imposition and payment of said impact fees
are:
{1)
(2)
{3)
(4)
All single family residential development;
Anydevelopment of le.s than 1,000 square feet not resulting in a net increase in the number
of -residential dwelling , ,nits;
All 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 plan approved by the city and accepted by the
I I C Department of Housing and I Irban Development as mabe amended•
, gi ,
All duplex and multiple family residential development, outside of the neighborhood
department of community development as affordable housing. For purposes of this Section,
affordable housing units in such development, which is the subject of the requested waiver, to
development.
{5) Any development which is onprofit joint vent„re with Oho city or a city owned or operated
,
facility;
{6) Any development for which complete building plans have been filed as prescribed by the city's
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building permit for such development is obtained within 45 calendar days from the effective
date of this chapter• and
0
{7}
before the effective date of this chapter, provided that the building permit for such DRI is obtained
within 15 months of the effective date of this chapter.
{8) As of November 19, 2002, the first three residential 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 businesa istridtf-o- hick a b, iilding permi�rconStfQotion rn , f„r
demolition or foundation work, is ic•sued by the city no later than December 31, 2005. For the
purposes of this section, at least 70 percent of the units in such development shall be priced for
owner occupied dwelling units in the city as listed in the 2000 U.S. Census. Eligible projects are not
precluded from containing other uses such as office or retail; however, the exemption shall apply only
to the residential portion of such projects. In the case of projects to be constructed in phases, the
exemption shall apply only to the portion(s) of the project for which the specified building permit is
i.aued prior to December 31, 2005.
(c) The city commission hereby finds and declares that there is a long-term need to encourage
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 ate amount basedupon the rylvss sn, iare footage of dey pment n 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 which 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. § 163.3202(3), as amended, encourages the
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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.
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).an individual, corporation,
aforementioned, signing an application for a building permit.
Appropriation shall mean, for purposes of this article, funds identified in the capital budget
thNlegal authority to make an exFenditure up to a certain dollar amount related to a system
improvement. All appropriations must have a viable funding source at the time the
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 remodeling, rehabilitation or other improvements to an existing
structure or rebuilding a damaged or destroyed structure, provided there is an increase of less
than 1,000 square feet in gross floor area resulting therefrom, or demolition permit. 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 valued at $5,000.00-o-r-m-Grc
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that are proposed to be initiated during the six -year period.
Capital improvement projects shall mean all projects valued at $5,000.00-o-r-m-Grc 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.that are proposed to be initiated during the six year period of the capital improvements
improvements, equipping and installing of same and all other work auxiliary thereto, including
facilities project:
{1) Public safety facilities and equipment.
{2) Parks anal recreatianal facilities anal eauinment
{3)
curbs, gutters, signalization, signage, landscaping and storm sewers.
{4) Solid waste collection facilities and equipment.
{5) Other general government facilities and equipment.
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.
Cost shall mean amounts spent or authorized to be spent in connection with the planning,
limitation, the costs of land, construction, engineering, legal services, financial services and certain
administrative costs.
Development shall have the meaning given it in F.S. §380.04, subject to exclusions
contained herein.
Development subareas shall -mean geographically dcfincd area e •
to the city's established planning districts.
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.
Duplex residential development shall have the meaning given it in city Ordinance Number
11000 as amended the city zanina ardinanne far the City of Miami
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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
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—particu-laic. 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 avre cost of impact fee related caital
improvements in proportion to new development creating the need for such facilities.
Impact Fee Coefficient shall mean the charge per square foot of development as calculated
for each -subarea and building type by dividing total impact fee related capital improvement project
costs by the gross square footage of projected new development 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
13-27starting at time of adoption of this chapter through September 31, 2005.
Impact fee related capital improvements shall mean those capital improvements necessary
to support and uniquely attributable to new development as herein defined and which fas+l+tio* arc
identified in the impact fee related capital improvement program to be financed by the imposition
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.
Impact fee related improvement program shall mean the listing of impact fee related capital
improvement projects.
Low and moderate -income housing shall have the meaning given it by the city department
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of development and housing conservation.
Low rise residential development shall mean development of residential buildings with two
(2) to nine (9) dwelling units per building.
Multiple -family development shall have the meaning given it in city Ordinance Number
11000 as amended the city zoning ordinance for the City of Miami
Neighborhood development zones shall -mean those geographical areas of the city
designated as such by the city's department of community development or its successor agency or
Urban Development or its successor department or agency.
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.
Render or rendition shall mean the verbal or written announcement of a decision by the
impact fee board of review or city commission-er- he -date on a city planning building anal zoning
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.
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Residential development shall have the meaning given it in city Ordinance Number 11000,
as amended, the city zoning ordinance for the City of Miami.
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
Mia i.
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,
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.
Zoning districts shall mean the classifications as shown on the official schedule of district
regulations and as delineated on the official zoning atlas.
Zoning ordinance shall mean one of the instruments of implementation of the public purposes
seq., as amended.
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:cxclusivc of singlc family, city owncd or operated facilities and certain other development
as specifically defined herein. Specifically exempted from such imposition and payment of said impact
fees are:(1) All single family residential development.
(2) Any
(a) Additions, remodels, rehabilitation or other improvements to an existing structure and
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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
development block grant program plan approved by the city and accepted by the U.S. Department of
Housing and I Irban Development as magi be amended
o
{4) All duplex and multiple family residential development, outside of the neighborhood
development zones or their equivalent as stipulated hereinabove, which is certified by the department
of community development as affordable housing. For purposes of this Section, such waiver shall be
a pro rata amount represented by the relationship of number of certified affordable housing units in
such development, which is the subject of the requested waiver, to the total number „f „nits in said
development as determined by the department of community development
o
(bg) Any development which is a nonprofit joint venture with the city, or citygovernment-owned
andor -operated facility.
{6) Any development for which complete building plans have been filed as prescribed by the city's
permit for such development is obtained within 45 calendar days from the effective date of this
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) 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 busine.s 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. For
owner occupied dwelling units in the city as listed in the 2000 U.S. Census. Eligible projects are not
precluded from containing other uses such as office or retail; however, the exemption shall apply only
to the residential portion of such projects. In the case of projects to be constructed in phases, the
mption shall apply only to the portion(s) of the project for which the specified building permit is
l.sued prior to December 31, 2005.
Sec. 13-7. Imposition of impact fees 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
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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) 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) 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
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.
Lcj 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;
(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
(4) 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.
(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
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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 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.
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. qfa)
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 $0.176
Medical -Dental Office 720 $0.559
Business Park 770 $0.197
Commercial/Shop.Ctr. 25,000 sf or less 820 $0.751
Commercial/Shop.Ctr. 25,001 - 50,000 sf 820 $0.696
Commercial/Shop.Ctr. 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 $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)
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** 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
Intbl HighRise** 220 $409
Nonresidenial (per sq. ft. qfa)
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
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 $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. 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
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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
Commercial/Shop.Ctr. 25,000 sf or less 820 $0.126
Commercial/Shop.Ctr. 25,001 - 50,000 sf 820 $0.108
Commercial/Shop.Ctr. 50,001 - 100,000 sf 820 $0.095
Commercial/Shop.Ctr. 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 $3
Secondary School (per student) 530 $3
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.
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
VOTE:
* 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
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 as hereinafter
specified. All such funds shall be deposited in interest -bearing accounts in a bank authorized to
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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 planning district or applicable
subdistrict and building 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 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 the provisions of this article projects specified in the impact fee related capital
improvements program for the particular subarea . 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
fee out.
{e) Refund of impact fee:
{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 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 ic•sued has been altered reeling in a
decrease in the amount of the impact fee due.
Only the current owner of property may petition for a refund. A petition for refund must
be filed withi„ one year of any of the abeve-specified events giving rise to the right to claim a refund.
} The petition for refund shall be submitted to the city manager or his duly designated
agcnt on a form providcd by the city for such purpose. The petition shall contain a notarized affidavit
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 the impact fee i.sued by the city's department of planning, building and zoning statement
ofhe basis upon which refund is sought.
{4} 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.
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The decision must include the reasons for the 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.
f} Any money returned pursuant to this subsection shall be returned with interest at the
rate of three percent per annum.
k)
review.
Petitioner may appeal the determination of the city manager to the impact fee board of
(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, ac•scc•sments 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 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 considermake such modifications as are deemed nece.sary as a result of:
(1) gdevelopment occurring in the prior year„
(2) Gconstruction of proposed public facilities
(3) Gchanging facility needs„
(4) (inflation and other economic factors„
(5) Rrevised cost estimates for public facilities, land and/or improvements1—
(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.
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adoption prior to October 1 of each year and shall 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 acsec•sment 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, 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.additional facilities projects.
Sec. 13-16. Establishment of impart fee brawl „f 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 shall, no later than ninety (90) days of iling of
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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.
(b) 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 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.
(c) 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;
(2) 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
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quarter immediately following six years of the date of payment of the impact fee; if the building permit
for whichthe ipact fee has beenpaid has lapsed for noncommencement of construction; if the project
for which a buidig permit has bee 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 againts 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 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 subject property, preliminry engineering plans and certified costs
estimates by an architect, engineer or other appropriate professional for the proposed improvement,
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
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.lmpact fee board of review. There is hereby established an impact fee board of
review ("board") which shall consist of the directors, or their designees, from the city departments of
planning hiilding girl zoning; public works; parks and recreation and public facile; a escu
and zoning department made pursuant to this chapter.
(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.
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(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
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 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.
(b) Appeal procedures. After determination by the planning, building and zoning department of the
notice of appeal with the director of the city's department of planning, building and zoning within 15
days following the rendition of the applicable development impact fee or credit due. If notice of appeal
equal to thc applicable development impact fcc as calculated by the planning, building and zoning
department, the planning, building and zoning department shall i.sue the building permit. The filing of
an appeal at any point in time shall „ot stay the collection of the dey Amen+ impactfee-unless a
required when the appellant is a unit of government.
(c)
made within 15 days after rendition of the subject planning, building and zoning department impact
planning, building and zoning stating therein the basis for such appeal.
(d) Failure to file on time. No hearing shall be heard by thc impact fcc board of review unlccc the
(e) /Ill decisions final. All decisions of the impact fee board of review made under this chapter
shall be deemed final unle.s properly instituted appeals are filed pursuant to this chapter.
() Disclosure requirements. All such requests or review by the city under this chapter shall be
Miami.
(g)
zoning department shall be accompanied by a fee of $500.00. The city entities specified in paragraph
(b) of this section shall not be required to pay said fee.
(h) Notice of hearing; scheduling. The time of the hearing before the impact fee review board
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limitations set out in this section shall not apply during the 31 days of the month of August. Appeals
heard at that particular meeting. Request for review not satisfying the provisions of —this paragraph
director of the department of planning, building and zoning shall give the appealing party at least ten
days' notice of the time and place of such hearing. The notice shall be in a form acceptable to the city
attorney. No public notice is required.
present additional evidence to support their position; however, no economic or technical reports or
the impact fee board of review unless the same shall have been filed with the department of planning,
become part of the record and shall remain so until the expiration of the administrative appeal period
or final judicial determination.
Sec. 13-17. Appeal to Request for city commission review.
(a) A decision petition determination by the City Manager impact fee board of review shall be
final unless a written notice of appeal to the city commissionrequest for review is filed with the
director of the department of planning, building and zoning within 201-5 days of the date of the
written determination by the City Managerrendition by that board, together with payment of a
$500.00 fee. Such appealrequest 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.
Sec. 13 18. Procedures upon request for commission review.
(b) The director of planning, building and zoning shall then certify such appealsrequests through
the office of the city manager. The procedures sct f-e-rtla—i-n—section 13-16 above shall also
apply to hearings by the city commission on impact fee appeals.
(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 commission powers on review.
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(d) 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
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 same -is
mado by the appellantaggrieved 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 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 other public facility improvements in addition to payment of impact fees
pursuant to this articlethe impact fee related improvements 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
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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. 13-249, Development potential by subarea.
Planning District
Edison
Downtown
Coconut Grove
Little Havana
Flagami
Allapattah
Virginia Key
Total square footage 26,538,627
Residential Nonresidential Total
772,320 1,289,836 2,062,156
20,006,667 10,493,783 30,500,450
3,099,000 1,057,868 4,156,868
1,371,840 3,231,166 4,603,006
604,800 507,128 1,111, 928
684,000 2,480,863 3,164,863
0 310,000 310,000
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
District
Fire and Parks and Streets
Rescue Recreation
Edison $379,398 $35,580 $168,205 $608,613
Downtown 3,256,425 1,099,605 7,375,087 8,597,750
Coconut 352,578 47,410 539,964 1,862,288
Grove
Little 939,672 68,574 298,781 959,993
Havana
Flagami 154,926 0 131,721 603,595
Allapattah 714,410 0 148,970 1,053,562
Virginia 87,635 0 0 0
Key
Total cost $5,885,044 $1,251,169 $8,662,728 $13,685,801
Residential --Estimated
Storm Solid
Sewers Waste
$304,303
4,298,871
931,141
$200,994
2,129,138
277,090
General Overall Cost
Services
Administration
$150,732
1,425,681
169,499
$1,847,825
28,182,557
4,179,970
479,993 469,284 363,988 3,580,285
301,794
526,778
0
97,335
337,855
37,019
66,545
270,536
31,737
1,355,916
3,052,111
156,391
$6,842,880 $3,548,715 $2,478,718 $42,355,055
Costs of Additional Facilities
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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
$18,679 $600,174
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 $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
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
District Rescue Recreation Sewers Waste Services Cost
Administration
Edison 0.019 0.013 0.218 0.295 0.148 0.061 0.024 0.778
Downtown 0.014 0.020 0.157 0.282 0.141 0.044 0.018 0.676
Coconut 0.017 0.007 0.174 0.448 0.224 0.049 0.020 0.939
Grove
Little 0.019 0.008 0.218 0.209 0.104 0.061 0.024 0.643
Havana
Flagami 0.019 0.000 0.218 0.543 0.271 0.061 0.024 1.136
Allapattah 0.019 0.000 0.218 0.333 0.166 0.061 0.024 0.821
Virginia 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Key
$113,967 $46,964
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Planning
District
Nonresidential Impact Fee Coefficients by Type of Service and Planning District
(dollars per square foot)
Police Fire and Parks and Streets Storm Solid General Overall
Rescue Recreation Sewers Waste Services Cost
Administration
Edison 0.283 0.020 0.000 0.295 0.148 0.119 0.102
Downtown 0.283 0.067 0.404 0.282 0.141 0.119 0.102
Coconut 0.283 0.025 0.000 0.443 0.224 0.119 0.102
Grove
Little 0.283 0.018 0.000 0.209 0.104 0.119 0.102
Havana
Flagami 0.283 0.000 0.000 0.543 0.271 0.119 0.102
Allapattah 0.283 0.000 0.000 0.333 0.166 0.119 0.102
Virginia 0.283 0.000 0.000 0.000 0.000 0.119 0.102
Key
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
Planning District Edison Downtown Coconut Little Havana Flagami Allapattah Virginia Key
Estimated cost of $14,767 $289,863 $53,524 $26,232 $11,565 $13,079 $0
improvements
Projected residential 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0
residential growth (sq.ft.)
Impact fee $0.019 $0.014 $0.017 $0.019 $0.019 $0.019 $0.000
coefficient ($/sq. ft.)
Planning District
Estimated cost of
improvements
Projected nonresidential 1,289,836 10,493,783
growth (sq. ft.)
Impact fee $0.283 $0.283
coefficient ($/sq.ft.)
Planning District
Estimated cost of $9,654 $394,357 $20,969
improvements
Projected residential 772,320 20,006,667 3,099,000
growth (sq. ft.)
Impact fee $0.013 $0.020 $0.007
coefficient ($/sq. ft.)
Planning District
Estimated cost of
improvements
b. Police --Nonresidential
Edison Downtown Coconut Grove Little Havana
$364,631 $2,966,562 $299,054
1,057,868
$0.283
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
Edison Downtown Coconut Grove Little Havana Flagami
Allapattah Virginia Key
$11,602 $0 $0 $0
1,371,840 604,800 684,000 0
$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
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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 $0.020 $0.067 $0.025 $0.018 $0.000 $0.000 $0.000
coefficient ($/sq. ft.)
Planning District
Estimated cost of $168,205 $3,137,360 $539,964
improvements
Projected residential 772,320 20,006,667 3,099,000
growth (sq. ft.)
Impact fee 0.218 0.157 0.174
coefficient ($/sq. ft.)
e. Parks and recreation --Residential
Edison Downtown Coconut Grove Little Havana Flagami
$298,781
1,371,840
0.218
$131,721
604,800
0.218
Allapatah Virginia Key
$148,970 $0
684,000 0
0.218 0.000
f. Parks and recreation --Nonresidential
Planning District Edison Downtown Coconut Grove Litle Havana
Estimated cost
of improvements $0 $4,237,727
Projected nonresidential 1,289,836 10,493,783
growth (sq. ft.)
Impact fee 0.000 0.404
coefficient ($/sq. ft.)
Flagami Allapattah Virginia Key
$0 $0 $0 $0 $0
1,057,868 3,231,166 507,128 2,480,863 310,000
0.000 0.000 0.000 0.000 0.000
g. Streets --Residential
Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
Estimated cost of $227,938 $5,639,665 $1,388,362 $286,107 $328,308 $227,698 $0
improvements
Projected residential 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0
growth (sq. ft.)
Impact fee 0.295 0.282 0.448
coefficient ($/sq. ft.)
Planning District
Estimated cost of
improvements
Projected nonresidential
growth (sq. ft.)
Impact fee
coefficient ($/sq. ft.)
Edison Downtown
$380,675 $2,958,085
1,289,836 10,493,783
0.295 0.282
i. Storm sewers --Residential
Planning District
Estimated cost of
improvements
Projected residential
growth (sq. ft.)
Impact fee
coefficient ($/sq. ft.)
Edison Downtown Coconut Grove
$113,96 cell $2,819,831 $694,179
772,320 20,006,667 3,099,000
0.148 0.141
0.209 0.543 0.333 0.000
h. Streets --Nonresidential
Coconut Grove
$473,926
Little Havana Flagami Allapattah Virginia Key
$673,886 $275,287 $825,864 $0
3,231,166
0.448 0.209
Little Havana
$143,052
1,371,840
0.224 0.104
0.543 0.333 0.000
Flagami Allapattah Virginia Key
$164,153 $113,848 $0
604,800 684,000 0
0.271 0.166 0.000
1,057,88 507,12 2,480,863310,000
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j. Storm sewers --Nonresidential
Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
Estimated cost of $190,336 $1,479,040 $236,962 $336,941 $137,641 $412,930 $0
improvements
Projected nonresidential 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000
growth (sq. ft.)
Impact fee 0.150 0.140 0.220 0.100 0.270 0.170 0.000
coefficient ($/sq. ft.)
k. Solid waste --Residential
Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
Estimated cost of $46,964 $875,977 $150,762 $83,421 $36,776 $41,593 $0
improvements
Projected residential 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0
growth (sq. ft.)
Impact fee 0.061 0.044 0.049 0.061 0.061 0.061 0.000
coefficient ($/sq. ft.)
I. Solid waste --Nonresidential
Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
Estimated cost of $154,030 $1,253,161 $126,328 $385,863 $60,559 $296,262 $37,019
improvements
Projected nonresidential 1,289,836 10,493,783 1,057,868 3,231,166 507,128 2,480,863 310,000
growth (sq. ft.)
Impact fee 0.119 0.119 0.119 0.119 0.119 0.119 0.119
coefficient ($/sq. ft.)
m. General services administration --Residential
Planning District Edison Downtown Coconut Grove Little Havana Flagami Allapattah Virginia Key
Estimated cost of $18,679 $351,309 $61,194 $33,178 $14,627 $16,543 $0
improvements
Projected residential 772,320 20,006,667 3,099,000 1,371,840 604,800 684,000 0
growth (sq. ft.)
Impact fee 0.024 0.018 0.020 0.024 0.024 0.024 0.000
coefficient ($/sq. ft.)
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. 13-271-2. Calculation of impact fee.
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(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: by virtue of the conditions specified in
ccction 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 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
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
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.
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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}
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 29 of 29 File Id: 05-01042 (Version: 3) Printed On: 12/13/2016