Miami-Dade County Road Impact Fees Increasing by 12.5% on April 22, 2015

Bilzin Sumberg Client Alert
Client Alert
March 18, 2015

On April 22, 2015, the roadway impact fee will increase by 12.5%. Developers should be aware of these increases in impact fees, as substantial cost savings can be achieved by paying the applicable impact fees or submitting a letter of credit and pulling building permits on or before April 21, 2015, which is the last day to pay fees at current rates. Additionally, components of a new impact fee ordinance took effect on March 2, 2015 which modified some of the fees for the various development categories as well as created certain new categories, including a "high-rise" category for residential above three floors. However, it is our understanding that the actual published fee schedule will not be updated until the increase takes effect, even though the new categories and rates are currently in effect.

If plans have been filed but the building permit is not yet ready for issuance, it would be worthwhile to attempt to pay the impact fee at the current rate prior to April 22. In addition, some exemptions or credits against road impact fees may be available for certain projects and locations, particularly for many uses proposed in the downtown Miami or Brickell area.

Unless subject to an applicable exemption or credit (such as certain uses in a development of regional impact), new developments in both unincorporated and incorporated areas of Miami-Dade are levied Miami-Dade County roadway impact fees. These fees must be paid or bonded prior to obtaining a building permit for new construction or increased development.

Miami-Dade County adopted a schedule to increase road impact fees in phases commencing in 2009. The phases were expressed as a discount off of the eventual full impact fee rate to be implemented in the future. However, in order to help alleviate the impact of the increased fees during the economic downturn, the Board of County Commissioners twice-passed legislation that delayed implementation of the increased fees, thus extending the discount. The discount is slated to increase on April 22, 2015 from 80% of the full rate to 90% of the full rate. While this may appear to be a 10% change, the net result is actually a 12.5% increase over current rates. However, coupled with the “present day cost multiplier” annual increase incorporated into the County Code, the fees have increased exponentially over the last several years. The rates are then scheduled to increase again by 11.11% on January 1, 2016.

As noted above, although the County has, in the past, extended the discount in recognition of the downturn in the economy, there has been no County legislation filed as of yet that would do the same this year.

This increased amount is only for road impact fees; other applicable impact fees will also be due.

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