Miami City Code § 13-1 Short title.
Sec. 13-1. - Short title.
This article shall be known and cited as the "City of Miami development impact fee ordinance."
(Ord. No. 12750, § 2, 12-15-05)
IN GENERAL
Miami City Code ch. 13, art. I
in effectMiami City Code § 13-2 Findings.
Sec. 13-2. - Findings.
(a) The city commission (hereinafter "commission") hereby finds and declares that:
(1) New development generates increased demands upon city public facilities and services and requires additional facilities, facility capacity, and capital equipment 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) New development should bear its share of the costs of providing public facilities, facility capacity, and capital equipment needed to accommodate the demand generated by new development.
(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 cost of additional capital facilities, capital improvements, and capital equipment needed to provide additional capacity.
(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 new development as further described below, in order to finance public facilities and capital equipment needed to accommodate the demand created by new development are in the best interest of the city and its residents, are equitable, and do 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.
(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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-3 Intent.
Sec. 13-3. - Intent.
This article is intended to impose impact fees, payable at the time of building permit issuance, in order to fund capital improvements capital facility capacity, and capital equipment needed to address demand for public facilities attributable to 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-4 Authority.
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, the City of Miami Charter, and the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq., as amended). In addition, the Local Government Comprehensive Planning and Land Development Regulation Act. F.S. § 163.3202(3), as amended, encourages the use of innovative land development regulations, including impact fees. The provisions of this article 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 article.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-5 Definitions.
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 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 and economic development in relation to the affordable housing and workforce 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).
Appropriation shall mean, for purposes of this article, funds identified in the capital budget related to a system improvement.
Building permit shall mean the permit required for new construction and additions pursuant to this Code. The term "building permit," as used herein, shall not be deemed to include permits required for demolition of an existing structure. 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 the Director of the City Building Department, or as described in [subsection] 13-8.1 for affordable and workforce housing projects, a permit by any government agency or entity and not limited to a permit by the City of Miami.
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 capital projects that are proposed to be initiated in that fiscal year or to receive any changes in funding in that fiscal year.
Capital improvement program (CIP) shall mean the city's current six-year program of proposed capital improvements which identifies all capital projects that are proposed to be initiated during the six-year period.
Capital improvement projects shall mean all projects 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 $13,000.00 and have a useful life of at least five years.
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.
Development shall have the meaning given it in F.S. § 380.04, subject to exclusions contained herein.
Dwelling unit shall mean one or more interconnected rooms with a single kitchen facility and sanitary facilities provided for the exclusive use of a single household. The term dwelling unit as used in this article shall be deemed to include mobile home and manufactured home dwellings.
Fire-rescue system improvement means system improvements that add capacity to the city's fire and rescue system, including facilities, fire suppression vehicles and equipment, and emergency medical services vehicles and equipment.
General Services System Improvement means system improvements that add capacity to the city's administrative office space capital equipment and vehicle fleets for the following departments: Building, code enforcement, economic development, city attorney, CIP, GSA, innovation and 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 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 F.S. § 228.056.
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. 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 or more dwelling units per building.
Impact fee shall mean a fee imposed at building permit issuance and calculated based upon a new development's proportionate share of the average cost of new development.
Impact fee coefficient shall mean the charge per square foot of development applicable to development for which a building permit application is submitted to and accepted as complete by the city prior to 5:00 p.m. on January 15, 2006 and imposed pursuant to section 13-7 and sections 13-22 through 13-27.
ITE Trip Generation Manual shall mean and refer to the report entitled "Trip Generation" (Seventh Edition, 2003) of the Institute of Transportation Engineers, and any official updates thereto, as approved and accepted by the city.
Low rise residential development shall mean development of residential buildings with two to nine dwelling units per building.
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 de minimis 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, including, but not limited to, improvements to city-wide parks that will enhance and/or expand park use to all residents, site improvements that encourage self-directed use of passive parks, and recreation based improvements that enhance community parks and allow expansion of programming led by the parks department. Capital improvements can include, but are not limited to, new playground equipment; ball fields for league play; swimming pools and buildings used for recreation programs; site furnishings such as benches, picnic tables, and shade structures; and program equipment such as computers, water sport equipment, soccer goals, and fitness equipment. City-wide parks include those parks that 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.
Rental residential development shall mean dwelling units intended for long-term rental occupancy, as opposed to short-term rentals such as hotel/motel development.
Single-family residential development shall mean development of detached buildings with one dwelling unit per building intended for occupancy by a single household.
System improvements shall mean capital improvement projects in the CIP, with a cost of at least $13,000.00 and a useful life of at least five 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, park program equipment, 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.
Workforce 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 the applicable standards for those individuals whose income is between 80 percent to 140 percent of area median income as determined by the department of community and economic development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this article.
(Ord. No. 12750, § 2, 12-15-05; Ord. No. 12929, § 2, 7-10-07; Ord. No. 13475, § 2, 7-24-14; Ord. No. 13564, § 1, 10-22-15; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14138, § 6, 2-9-23; Ord. No. 14415, § 2, 11-20-25)
Miami City Code § 13-6 Applicability of impact fee.
Sec. 13-6. - Applicability of impact fee.
This article 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:
(1) Additions, remodels, rehabilitation or other improvements to an existing structure and reconstruction of a demolished structure which result in:
a. Net increase of less than 1,000 square feet for a nonresidential structure which development is deemed to have a de minimis impact on the need for pubic facility capacity, or
b. No net increase in the number of residential dwelling units for residential structures.
(2) Any development which is a government-owned and -operated facility.
(3) Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West area-wide 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-7 Imposition of impact fees and establishment of impact fee benefit districts.
Sec. 13-7. - Imposition of impact fees and establishment of impact fee benefit districts.
(a) Except as set forth in sections 13-6 and 13-8, 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. Building permit applications submitted to and accepted as complete by the city prior to 5:00 p.m. on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to sections 13-24—13-27. Building permit applications submitted to and accepted as complete by the city after 5:00 p.m. 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 p.m. on January 15, 2006, expire after that time, the impact fees set forth in sections 13-7—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 sections 13-9—13-12.
If the land use applicable to a development is not listed in the fee schedules in sections 13-9—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.
(c) In furtherance of the implementation of this article, the city commission hereby establishes the following benefit districts and subdistricts for the identified impact fees:
(1) Police impact fee benefit district which boundary is identical with the boundary of the city, as may be 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-8 Deferral of impact fees for affordable housing and workforce housing; waivers of contributions into the Affordable Housing Trust Fund.
Sec. 13-8. - Deferral of impact fees for affordable housing and workforce housing; 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 and workforce housing for owner-occupancy and for rental, the city commission hereby establishes a program for the deferral of impact fees due on affordable housing and workforce housing dwelling units developed within the city. The city may require, under the program, annual reporting and any other requirements deemed necessary or appropriate for participation in the affordable housing and workforce housing impact fee deferral program. An applicant shall submit a petition for affordable housing and workforce 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 and workforce 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 or workforce housing impact fee deferral shall apply only to the dwelling units that qualify as affordable housing or workforce 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 and workforce 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 and workforce housing deferral program. Notwithstanding any other provision in this Code to the contrary, the deferral and refund of impact fees for affordable housing and workforce housing described in this article shall apply to affordable and workforce housing dwelling units that submit for a building permit to the city or any other government agency or entity provided that the development complies with all other requirements provided in this article, including, but not limited to, the recorded covenant running with the land in a form acceptable to the city attorney.
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 subsection 13-8.1, the city manager is hereby authorized to approve a waiver of contribution into the city's affordable housing trust fund as set forth in section 914 of the city's zoning ordinance, for affordable housing development that complies with the following requirements:
(1) Such development shall consist of 100 percent affordable housing units for families and/or individuals;
(2) If the project 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
(3) 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 owner(s) 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.
(Ord. No. 12929, § 2, 7-10-07; Ord. No. 13564, § 1, 10-22-15; Ord. No. 14415, § 2, 11-20-25)
Miami City Code § 13-9 Police impact fee schedule.
Sec. 13-9. - Police impact fee schedule.
Land Use | ITE Code | Police Impact Fee
Residential (per dwelling unit)
Single-family detached | 210 | $164.00
Low rise* | 230 | 144.00
High rise** | 220 | 95.00
Nonresidential (per sq. ft. gfa)
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 | 87.00
Elementary school (per student) | 520 | 19.00
Secondary school (per student) | 530 | 26.00
Day care (per student) | 565 | 69.00
Nursing home (per bed) | 620 | 36.00
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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-10 Fire-rescue impact fee schedule.
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 | $704.00
Low rise* | 230 | 619.00
High rise** | 220 | 409.00
Nonresidential (per sq. ft. gfa)
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 | 40.00
Elementary school (per student) | 520 | 7.00
Secondary school (per student) | 530 | 8.00
Day care (per student) | 565 | 14.00
Nursing home (per bed) | 620 | 32.00
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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-11 General services impact fee schedule.
Sec. 13-11. - General services impact fee schedule.
Land Use | ITE Code | General Services Impact Fee
Residential (per dwelling unit)
Single-family detached | 210 | $413.00
Low rise* | 230 | $363.00
High rise** | 220 | $239.00
Nonresidential (per sq. ft. gfa)
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 | $16.00
Elementary school (per student) | 520 | $3.00
Secondary school (per student) | 530 | $3.00
Day care (per student) | 565 | $6.00
Nursing home (per bed) | 620 | $13.00
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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-12 Parks and recreation impact fee schedule.
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 | $6,818.00
Low rise* | 230 | $5,998.00
High rise** | 220 | $3,959.00
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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-13 Administration of impact fee.
Sec. 13-13. - Administration of impact fee.
(a) Collection of impact fee. Impact fees due pursuant to this article shall be collected by the building department prior to issuance of a building permit.
(b) Transfer of funds to finance department. Upon receipt of impact fees, the building 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. All such funds shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of city funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account. The funds of these accounts shall not be commingled with other funds or revenues of the city.
(c) Establishment and maintenance of accounts. The city finance department shall establish separate accounts and maintain records for each such account, whereby impact fees collected are segregated by type of impact fee and by benefit district or applicable subdistrict. A separate account shall be maintained for each type of impact fee by benefit district or subdistrict as follows: fire-rescue impact fee north subdistrict, fire-rescue impact fee south subdistrict, police impact fee district, general services impact fee district and parks and recreation impact fee district. Accounts established in 1988 for the original impact fee benefit/planning districts shall be maintained through FY2008. The city shall use its best efforts to appropriate and expend those funds within the appropriate benefit/planning district, however, the fund balances for the fire-rescue. Police, general services, solid waste, and parks and recreation impact fee funds remaining at the end of FY2008 may be transferred to the appropriate impact fee benefit district or subdistrict established in subsection 13-7(c) 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 provisions of this article. For purposes of petitions for refunds under section 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) 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 subsection (c) above. Impact fees shall not be expended to eliminate any deficiencies in facilities, land or equipment that may result from adoption of an increased level of service.
(f) Annual review and modification. The city, acting through appropriate staff or agents, shall annually, no later than 120 days after the annual capital budget and capital improvements program adoption process, review the impact fee ordinance procedures, assumptions, formulas, benefit district and subdistrict designations, and fee calculations, 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 and workforce housing impact fee deferral program, the number of units added annually, and the number of units no longer meeting the affordable housing and workforce housing deferral program criteria. The report should evaluate the effectiveness of the deferral program in encouraging the provision and retention of affordable housing and workforce housing and the effect, if any, of the deferral program on the provision of impact fee funded public facilities. The annual report should present any recommendations related to the impact fee system including but not limited to, the need for any updates to the impact fee calculations district boundaries and ordinance. In reviewing the impact fee system, the city may consider:
(1) Development occurring in the prior year;
(2) Construction of proposed public facilities;
(3) Changing facility needs;
(4) Inflation and other economic factors;
(5) Revised cost estimates for public facilities, land and/or improvements;
(6) Changes in the availability of other funding sources applicable to impact-fee-related capital improvements; and
(7) Such 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.
(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.
(Ord. No. 12750, § 2, 12-15-05; Ord. No. 13564, § 1, 10-22-15)
Miami City Code § 13-14 Administrative fees.
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 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-15 Bonding of capital improvement projects.
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 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, 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-16 Administrative procedures for petitions for impact fee determinations and affordable housing and workforce housing deferrals, refunds and credits.
Sec. 13-16. - Administrative procedures for petitions for impact fee determinations and affordable housing and workforce housing deferrals, refunds and credits.
(a) Petition process.
(1) Petitions for an impact fee determination and affordable housing or workforce 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 subsections (c) and (d), 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 designee 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 city manager's designee 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 city manager's designee 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 city manager's designee is authorized to determine whether a petition is complete and whether additional data or supporting statements by appropriate professionals are needed. If the city manager's designee 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 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 and workforce housing deferral program determinations. Any applicant for deferral of impact fees pursuant to the affordable housing and workforce 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 and workforce housing deferral program determination shall waive any right to participation in the affordable housing and workforce 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 and workforce 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 and workforce housing unit owner names and current addresses and other contact information. If such information is available, if the 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 the county for each affordable or workforce 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 long 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 and workforce housing deferral program, including criteria established in this article and the applicable city commission resolution.
(d) Petitions for refund of impact fees.
(1) The current owner of property on which an impact fee has been paid may apply for a refund of such fee if the city has failed to appropriate or spend the collected fees by the end of the calendar quarter immediately following six years of the date of payment of the impact fee, if the building permit for which the impact fee has been paid has lapsed for noncommencement of construction, if the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due, or if the project has been approved for the affordable housing and workforce housing deferral program.
(2) Only the current owner of property may petition for a refund. A petition for refund must be filed within 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 city manager's designee 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 Miami-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) If a building permit applicant has paid impact fees and withdraws the building permit application, then the actual payor may petition for a refund within 90 days of the withdrawal of the building permit application that caused the impact fee to be due, if and only if the building permit has not been approved and issued. Failure to timely file a petition for refund shall waive any right to an impact fee refund. The petition for refund shall be submitted to the city manager's designee on a form provided by the city for such purpose. The petition shall contain (i) a notarized affidavit that the petitioner is the actual and only payor of the impact fees for the withdrawn building permit application; (ii) a copy of the dated receipt for payment of the impact fee issued by the city's building department; and (iii) a statement of the basis upon which the refund is sought. The city manager's designee shall have authority to request additional documents necessary to confirm the petitioner is the actual and only payor of the impact fees subject to refund and confirm that no impact requiring impact fees has occurred.
(5) Any money refunded pursuant to this subsection shall be returned with interest at a rate of three percent per annum.
(e) Petition for credits against 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 recorded deed for the subject property preliminary engineering plans and certified costs estimates by an architect, engineer or other appropriate professional for the proposed improvement legal description of any land 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.
(2) A credit shall be granted and the amount of the credit shall be determined by the city manager if it is determined that the system improvement is in the adopted, current capital improvements plan and is funded in whole or in part with impact fee revenue. The amount of the credit shall be based on actual costs certified by a professional engineer or architect submitted by the applicant and reviewed and approved by the appropriate city department. In no event shall the credit exceed the amount of impact fees budgeted for that system improvement or the amount of the impact fees for the same type of system improvements that are due from the development requesting the credit whichever amount is smaller. If the impact fees due exceed the amount of credit the applicant shall pay the impact fees due less the credit at the time of issuance of the building permit.
(3) If a credit petition is approved the applicant and the city shall enter into a credit agreement which shall provide for, but is not limited to the following the process to be used to verify actual 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:
a. Public bidding or solicitation requirements;
b. Engineering, design and construction standards and requirements to be complied with;
c. Insurance bonding and indemnification requirements;
d. Project inspection standards and responsibilities;
e. Timing of the actions to be taken by the applicant;
f. Transfer of title to land and improvements;
g. Process for submittal of credit payment requests; and
h. 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 state 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 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—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.
(Ord. No. 12750, § 2, 12-15-05; Ord. No. 12929, § 2, 7-10-07; Ord. No. 13564, § 1, 10-22-15; Ord. No. 13601, § 2, 4-28-16; Ord. No. 14061, § 2, 4-28-22)
Miami City Code § 13-17 Appeal to city commission.
Sec. 13-17. - Appeal to city commission.
(a) A petition determination by the city manager shall be final unless a written notice of appeal to the city commission is filed with the director of the department of zoning within 20 days of the date of the written determination by the city manager, together with payment of a $500.00 fee. Such appeal may be filed by the applicant, the petitioner, or by any officer, department, board, commission, or agency of the city. All such appeals to the city commission shall be subject to the disclosure requirements of section 2-618. 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.
(b) The director of zoning shall then certify such appeals through the office of the city manager.
(c) Appeals shall be filed on a form provided by the city and accompanied by ten 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 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 90-day period established under subsection (d).
(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 article. The appeal shall be heard by the city commission not more than 90 days after the appeal is filed by the appellant.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-18 Judicial review.
Sec. 13-18. - Judicial review.
Any request for review of a decision by the city commission under this article 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-19 Effect of impact fee on planning, zoning, subdivision, and other regulations.
Sec. 13-19. - Effect of impact fee on planning, zoning, subdivision, and other regulations.
This article 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-20 Impact fee as additional and supplemental requirement.
Sec. 13-20. - Impact fee as additional and supplemental requirement.
The payment of impact fees imposed pursuant to this article is additional and supplemental, and not in substitution, any other requirements imposed by the city on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the comprehensive plan, the zoning ordinance, and to be coordinated with the city's capital improvement program, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of public facility improvements in conjunction with the development of land. In no event shall a property owner be required to pay impact fees for the same improvements in an amount in excess of the amount calculated pursuant to this article, provided, however, that a property owner may be required to provide or pay, pursuant to Miami-Dade County, state and/or city ordinances, policies or regulations, for public facility improvements in addition to payment of impact fees pursuant to this article. Nothing in this article shall be construed as a guarantee of adequate public facilities at the time of development of any particular property.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-21 Alternative collection method.
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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-22 Previous impact fee schedules.
Sec. 13-22. - Previous impact fee schedules.
The language presented in sections 13-22—13-27 is retained from previous sections 13-8—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 p.m. on January 15, 2006. Sections 13-23—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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-23 Establishment of development subareas.
Sec. 13-23. - 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.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-24 Development potential by subarea.
Sec. 13-24. - Development potential by subarea.
Planning District | Residential | Nonresidential | Total
Edison | 772,320 | 1,289,836 | 2,062,156
Downtown | 20,006,667 | 10,493,783 | 30,500,450
Coconut Grove | 3,099,000 | 1,057,868 | 4,156,868
Little Havana | 1,371,840 | 3,231,166 | 4,603,006
Flagami | 604,800 | 507,128 | 1,111,928
Allapattah | 684,000 | 2,480,863 | 3,164,863
Virginia Key | 0 | 310,000 | 310,000
Total square footage | 26,538,627 | 19,370,644 | 45,909,271
*Projections are for the period April 1, 1988, through March 31, 2005.
Note: See appendix B of Ord. No. 10426 [not printed in the Code] for a more detailed breakdown.
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-25 Impact-fee-related capital improvement program by subarea.
Sec. 13-25. - Impact-fee-related capital improvement program by subarea.
Total project costs by subareas are as follows:
Estimated Costs of Additional Facilities—Total
Planning District | Police | Fire and Rescue | Parks and Recreation | Streets | Storm Sewers | Solid Waste | General Services Administration | Overall Cost
Edison | $ 379,398 | $ 35,580 | $ 168,205 | $ 608,613 | $ 304,303 | $ 200,994 | $ 150,732 | $ 1,847,825
Downtown | 3,256,425 | 1,099,605 | 7,375,087 | 8,597,750 | 4,298,871 | 2,129,138 | 1,425,681 | 28,182,557
Coconut Grove | 352,578 | 47,410 | 539,964 | 1,862,288 | 931,141 | 277,090 | 169,499 | 4,179,970
Little Havana | 939,672 | 68,574 | 298,781 | 959,993 | 479,993 | 469,284 | 363,988 | 3,580,285
Flagami | 154,926 | 0 | 131,721 | 603,595 | 301,794 | 97,335 | 66,545 | 1,355,916
Allapattah | 714,410 | 0 | 148,970 | 1,053,562 | 526,778 | 337,855 | 270,536 | 3,052,111
Virginia Key | 87,635 | 0 | 0 | 0 | 0 | 37,019 | 31,737 | 156,391
Total cost | $5,885,044 | $1,251,169 | $8,662,728 | $13,685,801 | $6,842,880 | $3,548,715 | $2,478,718 | $42,355,055
Residential—Estimated Costs of Additional Facilities
Planning District | Police | Fire and Rescue | Parks and Recreation | Streets | Storm Sewers | Solid Waste | General Services Administration | Overall Cost
Edison | $314,767 | $ 9,654 | $ 168,205 | $ 227,938 | $ 113,967 | $ 46,964 | $ 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 Grove | 53,524 | 20,969 | 539,964 | 1,388,362 | 694,179 | 150,762 | 61,194 | 2,908,954
Little Havana | 26,232 | 11,602 | 298,781 | 286,107 | 143,052 | 83,421 | 33,178 | 882,373
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 Key | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0
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 District | Police | Fire and Rescue | Parks and Recreation | Streets | Storm Sewers | Solid Waste | General Services Administration | Overall Cost
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 Grove | 299,054 | 26,441 | 0 | 473,926 | 236,962 | 126,328 | 108,305 | 1,271,016
Little Havana | 913,440 | 56,972 | 0 | 673,886 | 336,941 | 385,863 | 330,810 | 2,697,912
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 Key | 87,635 | 0 | 0 | 0 | 0 | 37,019 | 31,737 | 156,391
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
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-26 Development impact fee coefficients.
Sec. 13-26. - Development impact fee coefficients.
Residential Impact Fee Coefficients by Type of Service and Planning District
(dollars per square foot)
Planning District | Police | Fire and Rescue | Parks and Recreation | Streets | Storm Sewers | Solid Waste | General Services Administration | Overall Cost
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 Grove | 0.017 | 0.007 | 0.174 | 0.448 | 0.224 | 0.049 | 0.020 | 0.939
Little Havana | 0.019 | 0.008 | 0.218 | 0.209 | 0.104 | 0.061 | 0.024 | 0.643
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 Key | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000
Nonresidential Impact Fee Coefficients by Type of Service and Planning District
(dollars per square foot)
Planning District | Police | Fire and Rescue | Parks and Recreation | Streets | Storm Sewers | Solid Waste | General Services Administration | Overall Cost
Edison | $0.283 | $0.020 | $0.000 | $0.295 | $0.148 | $0.119 | $0.102 | $0.967
Downtown | 0.283 | 0.067 | 0.404 | 0.282 | 0.141 | 0.119 | 0.102 | 1.398
Coconut Grove | 0.283 | 0.025 | 0.000 | 0.443 | 0.224 | 0.119 | 0.102 | 1.201
Little Havana | 0.283 | 0.018 | 0.000 | 0.209 | 0.104 | 0.119 | 0.102 | 0.835
Flagami | 0.283 | 0.000 | 0.000 | 0.543 | 0.271 | 0.119 | 0.102 | 1.318
Allapattah | 0.283 | 0.000 | 0.000 | 0.333 | 0.166 | 0.119 | 0.102 | 1.003
Virginia Key | 0.283 | 0.000 | 0.000 | 0.000 | 0.000 | 0.119 | 0.102 | 0.504
The derivation of impact fee coefficients by type of service is as follows:
a. Police—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 14,767 | $ 289,863 | $ 53,524 | $ 26,232 | $ 11,565 | $ 13,079 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.019 | $0.014 | $0.017 | $0.019 | $0.019 | $0.019 | $0.000
b. Police—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 364,631 | $ 2,966,562 | $ 299,054 | $ 913,440 | $143,361 | $ 701,331 | $ 87,635
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.283 | $0.283 | $0.283 | $0.283 | $0.283 | $0.283 | $0.283
c. Fire and rescue—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 9,654 | $ 394,357 | $ 20,969 | $ 11,602 | $ 0 | $ 0 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.013 | $0.020 | $0.007 | $0.008 | $0.000 | $0.000 | $0.000
d. Fire and rescue—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 25,926 | $ 705,248 | $ 26,441 | $ 56,972 | $ 0 | $ 0 | $ 0
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.020 | $0.067 | $0.025 | $0.018 | $0.000 | $0.000 | $0.000
e. Parks and recreation—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $168,205 | $ 3,137,360 | $ 539,964 | $ 298,781 | $131,721 | $148,970 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.218 | $0.157 | $0.174 | $0.218 | $0.218 | $0.218 | $0.000
f. Parks and recreation—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 0 | $ 4,237,727 | $ 0 | $ 0 | $ 0 | $ 0 | $ 0
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.000 | $0.404 | $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 improvements | $227,938 | $ 5,639,665 | $1,388,362 | $ 286,107 | $328,308 | $227,698 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.295 | $0.282 | $0.448 | $0.209 | $0.543 | $0.333 | $0.000
h. Streets—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 380,675 | $ 2,958,085 | $ 473,926 | $ 673,886 | $275,287 | $ 825,864 | $ 0
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.295 | $0.282 | $0.448 | $0.209 | $0.543 | $0.333 | $0.000
i. Storm sewers—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $113,967 | $ 2,819,831 | $ 694,179 | $ 143,052 | $164,153 | $113,848 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.148 | $0.141 | $0.224 | $0.104 | $0.271 | $0.166 | $0.000
j. Storm sewers—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 190,336 | $ 1,479,040 | $ 236,962 | $ 336,941 | $137,641 | $ 412,930 | $ 0
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.148 | $0.141 | $0.224 | $0.104 | $0.271 | $0.166 | $0.000
k. Solid waste—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 46,964 | $ 875,977 | $ 150,762 | $ 83,421 | $36,776 | $ 41,593 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.061 | $0.044 | $0.049 | $0.061 | $0.061 | $0.061 | $0.000
l. Solid waste—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 154,030 | $ 1,253,161 | $ 126,328 | $ 385,863 | $ 60,559 | $ 296,262 | $ 37,019
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.119 | $0.119 | $0.119 | $0.119 | $0.119 | $0.119 | $0.119
m. General services administration—Residential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 18,679 | $ 351,309 | $ 61,194 | $ 33,178 | $ 14,627 | $ 16,543 | $ 0
Projected residential growth (sq. ft.) | 772,320 | 20,006,667 | 3,099,000 | 1,371,840 | 604,800 | 684,000 | 0
Impact fee coefficient ($/sq. ft.) | $0.024 | $0.018 | $0.020 | $0.024 | $0.024 | $0.024 | $0.000
n. General services administration—Nonresidential
Planning District | Edison | Downtown | Coconut Grove | Little Havana | Flagami | Allapattah | Virginia Key
Estimated cost of improvements | $ 132,053 | $ 1,074,372 | $ 108,305 | $ 330,810 | $ 51,918 | $ 253,993 | $ 31,737
Projected nonresidential growth (sq. ft.) | 1,289,836 | 10,493,783 | 1,057,868 | 3,231,166 | 507,128 | 2,480,863 | 310,000
Impact fee coefficient ($/sq. ft.) | $0.102 | $0.102 | $0.102 | $0.102 | $0.102 | $0.102 | $0.102
_____
(Ord. No. 12750, § 2, 12-15-05)
Miami City Code § 13-27 Calculation of impact fee.
Sec. 13-27. - Calculation of impact fee.
(a) Upon receipt and acceptance by the city of a complete application for a building permit for a new development prior to 5:00 p.m. on January 15, 2006, the 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:
a. Single-family residential development.
b. Development of less than 1,000 square feet not resulting in a net increase in the number of residential dwelling units.
c. 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.
d. 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.
e. Any development which is a nonprofit joint venture with the city, or city-owned or -operated facility.
f. 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.
g. 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).
(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 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 subject to review by the city. In no event, however, shall a credit be given for that specific category of projects for more than the amount of the impact fee otherwise due pursuant to this article.
(b) Prior to making an application for a building permit, an applicant may request a nonbinding good-faith impact fee estimate from the 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.
(Ord. No. 12750, § 2, 12-15-05)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH13DEIMOTREFE_ARTIINGEFetched: 11/1/2026