Miami-Dade County Road Impact Fees To Increase 23% On April 22, 2014

Bilzin Sumberg
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On April 22, 2014, the roadway impact fee will increase by 23%. Developers should be aware of these increases in impact fees, as substantial cost savings can be achieved through pulling building permits on April 21, 2014, which is the last day to pay fees at current rates. It is also worth seeing if the County is amenable to paying the impact fee prior to April 22 at the current rate, if plans have been filed but if the permit is not yet ready to issue. In addition, certain exemptions or credits against road impact fees may be available for a particular project or location including many uses proposed in the Downtown Miami or Brickell area.

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

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, 2014 from 65% of the full rate to 80% of the full rate. While this may appear to be a 15% change, the net result is actually a 23% 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.

As noted above, although the County has, in the past few years, 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.

Examples of roadway impact fees as of October 1, 2010, April 1, 2014 and April 22, 2014 are represented below:

 

As an example, roadway impact fees for a 200 unit condominium located in the urban infill area (UIA) would increase from $610,138 to $750,940, for an increase of $140,802.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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