A fee to be known as the "Park Impact Fee" is hereby established.

The intent of the "Park Impact Fee" is to assist in the implementation of the City of North Miami Beach Comprehensive Plan and to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks and park improvements in the City of North Miami Beach.

(A)

Feepayer is a person applying for the issuance of a building permit.

(B)

Building permit for a residential building is the approval issued by the City of North Miami Beach that authorizes the construction or placement of a building, dwelling, mobile home, recreational vehicle or other structure on a site, where the purposes of the building or structure is for the occupancy by humans. This would include temporary as well as permanent occupancy.

(C)

Capital improvement includes parks planning, land acquisition, site improvements, buildings, and equipment, but excludes maintenance and operation.

(D)

Development Order means a regulatory approval by the City of North Miami Beach.

(E)

Private recreational facility is any recreational facility that is not owned by or dedicated to any governmental entity.

(A)

Any person who, after the effective date of Article XVII Park Impact Fee, seeks to develop land within the City of North Miami Beach, Florida, by applying for a building permit for a residential building is hereby required to pay a park impact fee in the manner and amount set forth in this ordinance.

(B)

No new residential building permit for any activity requiring payment of an impact fee pursuant to Section 24-193 of Article XVII shall be issued unless and until the park impact fee hereby required has been paid.

(C)

No extension of a residential building permit issued prior to the effective date of this ordinance for any activity requiring payment of an impact fee pursuant to this ordinance shall be granted unless and until the park impact fee hereby required has been paid.

(A)

The amount of the park impact fee will be determined by the following fee schedule.

*Rounded to the nearest 10.

(1)

If a building permit is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule.

(2)

If the type of development activity that a residential building permit is applied for is not specified on the above fee schedule, the City Manager shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules. The City Manager shall be guided in the selection of a comparable type by the City of North Miami Beach Comprehensive Plan, supporting documents of the City of North Miami Beach Comprehensive Plan, and the City of North Miami Beach Land Development Code. If the City Manager determines that there is no comparable type of land use on the above fee schedule then the City Manager shall determine the appropriately discounted fee by considering demographic or other documentation that is available from state, local and regional authorities.

(3)

In the case of change of use, redevelopment, or expansion or modification of an existing use that requires the issuance of a residential building permit, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The City Manager shall be guided in this determination by the sources and agencies listed above.

(A)

The feepayer shall pay the park impact fee required by this Article to the City Manager or his/her designee prior to the issuance of a residential building permit.

(B)

All funds collected shall be properly identified by park impact fee district and promptly transferred for deposit in the appropriate Park Impact Fee Trust Fund to be held in a separate account as determined in Section 24-196.

(C)

The park impact fee administrative charge shall be determined by multiplying the total fee per residential unit by 1.05 to accommodate the general administrative charge of five (5%) percent.

(A)

There is hereby established a separate Park Impact Fee Trust Fund.

(B)

Funds withdrawn from these accounts must be used in accordance with the provisions of Section 24-197.

(A)

Funds collected from park impact fees shall be used solely for the purpose of acquiring and or making capital improvements to parks under the jurisdiction of the City of North Miami Beach, the County, or the State of Florida, and shall not be used for maintenance or operations.

(B)

Funds shall be expended in the order in which they are collected.

(C)

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph (A).

(D)

At least once each fiscal period the City Manager shall present to the City Council a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the several Park Impact Fee Trust Funds to specific park improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Park Impact Fee Trust Fund until the next fiscal period except as provided by the refund provisions of this Section.

(E)

Funds may be used to provide refunds as described in Section 24-198.

(A)

If a residential building permit expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance except that the City shall retain three (3%) percent of the fee to offset a portion of the costs of collection and refund. The feepayer must submit an application for such a refund to the City Manager thirty (30) days prior to the expiration of the permit.

(B)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six (6) years from the date the park impact fee was paid shall, upon application of the then current landowner, be returned to such landowner with interest at the rate of three (3%) percent per annum, provided that the landowner submits an application for a refund to the City Manager within one hundred eighty (180) days of the expiration of the six (6) year period.

(A)

The following shall be exempted from payment of the impact fee:

(1)

Alterations or expansion of an existing building where no additional residential units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures.

(3)

The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.

(4)

The installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this ordinance.

(5)

The construction of any non-residential building or structure or the installation of a nonresidential mobile home.

(6)

Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

(B)

Credits:

(1)

Park land and/or park capital improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must specifically request or provide for a park impact fee credit. If the City Manager accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner:

(a)

Credit for the dedication of land shall be valued at (i) one hundred fifteen (115%) percent of the most recent assessed value by the Property Appraiser, or (ii) by such other appropriate method as the City Council may have accepted prior to the effective date of this ordinance for particular park improvements, or (iii) by fair market value established by private appraisers acceptable to the City. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to, and accepted by, the City in a manner satisfactory to the City Council.

(b)

Applicants for credit for construction of park improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the City Manager. The City Manager shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the City Manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The City Manager shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the City Manager before credit will be given. The failure of the applicant to sign, date, and return such document within sixty (60) days shall nullify the credit.

(c)

Except as provided in subparagraph (d), credit against impact fees otherwise due will not be provided until:

1.

The construction is completed and accepted by the City, the County or the state, whichever is applicable;

2.

A suitable maintenance and warranty bond is received and approved by the City Clerk of the City of North Miami Beach, when applicable.

(d)

Credit may be provided before completion of specified park improvements if adequate assurances are given by the applicant that the standards set out in paragraph (c) will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the City of North Miami Beach in an amount determined by the City Manager. If the park construction project will not be constructed within one (1) year of the acceptance of the offer by the City Manager, the amount of the security shall be increased by ten (10%) percent compounded, for each year of the life of the security. The security shall be reviewed and approved by the City Council prior to acceptance of the security. If the park construction project is not to be completed within five (5) years of the date of the feepayer's offer, the City Council must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the City Manager.

(2)

Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

(3)

Credits shall not be transferable from one project or development to another without the approval of the City Council and may only be transferred to a development within a different impact fee district upon a finding by the City Council that the dedication for which the credit was given benefits such different impact fee district.

(4)

Determinations made by the City Manager pursuant to this paragraph may be appealed to the City Council by filing a written request with the City Manager with ten (10) days of the City Manager's determination.

A violation of this Article shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the City of North Miami Beach shall have the power to sue in civil court to enforce the provisions of this Article.

On October 1, 2006, and on October 1 of each year thereafter in which the park impact fee is in effect, the amount of the Park Impact Fee shall be automatically adjusted to account for inflationary increases in the cost of providing public facilities by the rate of three (3%) percent.

In lieu of this automatic annual adjustment, the City Council may, at its option, determine the appropriate adjustment pursuant to a report provided by the Office of the City Manager.

Nothing herein shall prevent the City Council from electing to retain the existing park facilities impact fee or from electing to waive the inflation adjustment for any given fiscal year, or years.

(Ord. No. 2005-16 § 2, 9/22/05)