Deferral of impact fees for affordable housing and workforce housing; waivers of contributions into the Affordable Housing Trust Fund.
Miami City Code § 13-8
in effectSec. 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)
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_ARTIINGE_S13-8DEIMFEAFHOWOHOWACOINAFHOTRFUFetched: 11/1/2026