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Ordinance
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Miami, FL 33133
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File Number: 07-00720 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13,
ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN
GENERAL," MORE PARTICULARLY BY AMENDING SECTION 13-8, IN ORDER
TO ESTABLISH A MECHANISM TO ALLOW FOR THE CITY MANAGER TO
WAIVE CERTAIN AFFORDABLE HOUSING TRUST FUND CONTRIBUTIONS FOR
DEVELOPMENT THAT COMPLIES WITH SPECIFIED CRITERIA ONLY; AND
ALSO BY AMENDING SECTIONS 13-5, 13-8 AND 13-16 IN ORDER TO CLARIFY
REQUIREMENTS AND PROCEDURES FOR DEFERRAL OF IMPACT FEES FOR
QUALIFIED AFFORDABLE HOUSING PROJECTS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended ("City Code"),
specifies that certain impact fees may be deferred for qualified affordable housing projects; and
WHEREAS, such qualified affordable housing projects should also be eligible for waivers of
contributions to the Affordable Housing Trust Fund;
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/In General," is amended in the following particulars:(1)
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Sec. 13-5. Definitions.
As used in this article, 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
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housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the
amounts established by the applicable standards as determined by the .Department of Community
Development 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 subsection 13-16(e) where such property owner or agent is
responsible for the provision of system improvement(s).
Sec. 13-8. Deferral of impact fees for affordable housing and waivers of contributions into the
Affordable Housing Trust Fund.
13-8.1 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.
The city may require, under the
program mien, annual reporting and any other requirements deemed necessary or appropriate for
participation in the affordable housing impact fee deferral program. An applicant shall submit a petition
for affordable housing deferral program determination under section 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
subsection 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 or a deed
restriction, 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 or deed restriction language and form shall be
acceptable to the office of the city attorney, which office may provide standardized forms for use in the
affordable housing deferral program. ,
13-8.2 Waiver of contribution into affordable housing trust fund for affordable housing
In addition to the program for deferral of impact fees for qualified affordable housing established in
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• File Number. 07-00720
Section 13-8.1 above, the City Manager is hereby authorized to approve a waiver of contribution into
the Citv's Affordable Housing Trust Fund as set forth in Section 914 of ordinance 11000, as amended,
the Zoning Ordinance of the City of Miami, for Affordable housing development that complies with the
following requirements:
a. Such development shall consist of 100% affordable housing units for families and/or individuals; and
b. If the proiect is providing affordable rental housing, then such development shall have secured its
necessary low-income housing tax credits from Florida Housing Finance Corporation and shall submit
proof of such to the City manager or his designee; and
c. If the project is providing affordable home ownership, then, prior to the issuance of building permits,
the applicant shall provide the city with a covenant and deed restrictions, in forms acceptable to the
city attorney, which assure that such units remain affordable for a period of at least 30 years and that
the home ownerfs) be responsible for submitting proof of such to the city manager, or his designee, on
an annual basis; the required covenants shall include enforcement and penalty language to address
non-compliance.
*
Sec. 13-16. Administrative procedures for petitions for impact fee determinations and affordable
housing deferrals, refunds and credits.
(a) Petition process.
(1) Petitions for an impact fee determination and affordable housing impact fee deferral refund of
impact fees and/or credit against impact fees shall be submitted using the petition process,
requirements= arid =time -limits --provided herein: -AII =petition requests except petitions for refunds under
subsections (c) and (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 60 days
after filing of a complete petition. The city manager shall, no later than 90 days of filing of the complete
petition issue a written determination on the petition, with the reasoning for the determination based
upon the petition data, the provisions of this article and applicable laws, and, if needed, direct the
appropriate city staff to take the actions necessary to implement the determination.
(3) Upon written agreement by the chief of operations and the petitioner the time limits in this section
may be waived for any reason, including, but not limited to, the submittal of additional data and
supporting statements 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 within 30 days of initial
filing of the petition. The date of such written determination of insufficiency shall toll the time limits
established in the section until submittal of a complete petition. Any insufficiency not corrected during
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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 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 section 13-8
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 if such information is available; if -tl a information is- not --available the petition may
be processed without it..
(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 office .of the city attorney. A deed
restriction, in a form acceptable to the office of the city attorney may be submitted in lieu of a covenant
as Iona as it accomplishes the same goal as the covenant.
(4) Any other information deemed relevant by city staff to a determination of eligibility under the
affordable housing deferral poramcriteria established in this article and the applicable city commission
resolution.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
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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 ten (10) days after final reading and adoption
thereof. {2)
APPROVED AS TO FORM AND CORRECTNESS
JORGE L
CITY AT
NANDEZ
-Y
Footnotes :
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 or upon the effective date
stated herein, whichever is later.
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