Resolution 158-20131 _
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8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 158 - 2013
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12 A RESOLUTION AMENDING RESOLUTION 332 -2012, THE
13 PLANNING & ENVIRONMENTAL RESOURCES
14 DEPARTMENT FEE SCHEDULE; AMENDING THE FEE
15 SCHEDULE TO ESTABLISH A NEW FEE FOR LETTERS OF
16 UNDERSTANDING RELATED ONLY TO IDENTIFYING THE
17 STATUS OF NONCONFORMING USES; AND TO REPEAL
18 ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH.
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20 WHEREAS, the Monroe County Board of County Commissioners wishes to
21 provide the citizens of the County with the best possible service in the most cost effective
22 and reasonable manner; and
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24 WHEREAS, the Board finds that it would be in the best interests of the general
25 public to charge the true cost for such services, thereby placing the burden of such costs
26 directly upon those parties deriving the benefit from such services; and
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28 WHEREAS, the updated fee schedule prepared by the Growth Management
29 Director for providing these services includes the estimated direct costs and reasonable
30 indirect costs associated with the review and processing of planning and development
31 approval applications and site plans, on -site biological reviews, appeals, preparation of
32 official documentation verifying existing development rights and other processes and
33 services; and
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35 WHEREAS, the Board has discussed the need to adjust the fee schedule to
36 compensate the county for resources needed in excess of the fee estimates included in the
37 base fees; and
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39 WHEREAS, applicants for development review should pay the cost of the
40 review, rather than those funds coming from other sources; and
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42 WHEREAS, the Board adopted a text amendment to the Monroe County Land
43 Development Code establishing a registry for lawful nonconforming uses, memorialized
44 by Ordinance #005 -2013. The process requires a written determination by the planning
45 director, which may be accomplished by a letter of understanding; and
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Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013)
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I WHEREAS, as part of the current fee schedule, last memorialized by Resolution
2 #332 -2012, the Board established a fee waiver for map amendment applications in which
3 property owners can provide satisfactory evidence that currently existing lawful uses on
4 sites were deemed nonconforming by final adoption by the Land Use District Map and/or
5 Future Land Use Map. The waiver process requires a letter of understanding; and
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7 WHEREAS, a new fee is necessary for a letter of understanding related only to
8 identifying the status of a nonconforming use in that such a letter requires less staff time
9 to prepare than a typical letter of understanding; and
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11 WHEREAS, the Board heard testimony and evidence presented as to the
12 appropriate fee schedule during a public hearing on May 15, 2013;
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14 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY FLORIDA:
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17 Section 1.
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19 Pursuant to Section 102 - 19(9), the following schedule of fees to be charged by the
20 Growth Management Division for its services, including but not limited to the
21 filing of land development permit applications, land development approvals, land
22 development orders, and appeal applications, and requests for technical services
23 or official letters attesting to development rights recognized by the County shall
24 be implemented:
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Administrative Appeals ......................... ...............................
$1,500.00
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Administrative Relief ........................ ...............................
$1,011.00
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Alcoholic Beverage Special Use Permit .. ...............................
$1,264.00
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Appeal ROGO or NROGO to BOCC ..... ...............................
$816.00
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Beneficial Use ................................ ...............................
$4,490.00
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Biological Site Visit (per visit) ............. ...............................
$280.00
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Biologist Fee (Miscellaneous -per hour) ... ...............................
$60.00
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Boundary Determination .................... ...............................
$1,201.00
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Comprehensive Plan, Text Amendment ... ...............................
$5,531.00
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Comprehensive Plan, Future Land Use Map (FLUM) Amendment.
$5,531.00
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Conditional Use, Major, New / Amendment ..............................
$10,014.00
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Conditional Use, Minor, New / Amendment ............................
$8,484.00
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Conditional Use, Minor, Transfer Development Rights (TDR) ........
$1,239.00
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Conditional Use, Minor, Transfer Nonresidential Floor Area (TRE)$1,944.00
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Conditional Use, Minor, Transfer ROGO Exemption (TRE) ..........
$1,740.00
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Conditional Use, Minor /Major, Minor Deviation ......................
$1,768.00
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Conditional Use, Minor /Major, Major Deviation .......................
$3,500.00
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Conditional Use, Minor /Major, Time Extension .......................
$986.00
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Department of Administrative Hearings (DOAH) Appeals ............
$816.00
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Development Agreement .................... ...............................
$12,900.00
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Development of Regional Impact ( DRI) .. ...............................
$28,876.00
Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013)
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Dock Length Special Exception ........... ...............................
$1,026.00
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Front Yard Setback Waiver, Administrative ............................
$1,248.00
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Front Yard Setback Waiver, Planning Commission ....................$1,608.00
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Grant of Conservation Easement ........... ...............................
$269.00
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Home Occupation Special Use Permit .... ...............................
$498.00
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Inclusionary Housing Exemption .......... ...............................
$900.00
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Land Development Code, Text Amendment ...........................
$5,041.00
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Land Use District Map, Amendment — Nonresidential .................
$4,929.00
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Land Use District Map, Amendment — Residential .......................
$4,131.00
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Letter of Current Site Conditions .................. ........................$936.00
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Letter of Development Rights Determination ...........................
$2,209.00
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Letter of ROGO Exemption ................. ...............................
$215.00
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NROGO Application ........................ ...............................
$774.00
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Planning Fee (Miscellaneous -per hour) .... ...............................
$50.00
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Parking Agreement ........................... ...............................
$1,013.00
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Planning Site Visit ........................... ...............................
$129.00
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Platting, 5 lots or less ........................ ...............................
$4,017.00
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Platting, 6 lots or more ....................... ...............................
$4,613.00
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Pre - application with Letter of Understanding ...........................
$689.00
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Pre - application with Letter of Understanding only identifying the status of a
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nonconforming use .......................... ...............................
$250.00
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Pre - application with No Letter of Understanding .....................
$296.00
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Preliminary Endangered Species Impact Assessment (SAG) ........
$140.00
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Public Assembly Permit ..................... ...............................
$149.00
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Dog in Restaurant Permit .................... ...............................
$150.00
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Research, permits and records (per hour) . ...............................
$50.00
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Road Abandonment .......................... ...............................
$1,533.00
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ROGO Application .......................... ...............................
$748.00
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ROGO Lot/Parcel Dedication Letter ...... ...............................
$236.00
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Legislative Time Extension for Development Orders / Permits......
$250.00
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Special Approval for Shoreline Setback deviations (3 or fewer dwelling units,
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Sec. 118-12(o)(2)) .......................... ...............................
$1,152.00
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Special Certificate of Appropriateness ............ ........................$200.00
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Tier Map Amendment —Other than IS/URM Platted Lot .............
$4,131.00
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Tier Map Amendment— IS/URM Platted Lot Only ....................
$1,600.00
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Vacation Rental Permit ( Initial) .................... ........................$493.00
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Vacation Rental ( Renewal) ................. ...............................
$100.00
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Vacation Rental Manager License ......... ...............................
$106.00
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Variance, Planning Commission, Signage ......... ......................$1,076.00
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Variance, Planning Commission, Other than Signage ..................$1,608.00
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Variance, Administrative .................... ...............................
$1,248.00
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Vested Rights Determination ............... ...............................
$2,248.00
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Wetlands Delineation (per hour) ........... ...............................
$60.00
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Growth Management applications may be subject to the following
additional fees
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or requirements:
Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013)
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1.
For any application that requires a public hearing(s) and/or surrounding
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property owner notification, advertising and/or notice fees; $245 for
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newspaper advertisement and $3 per property owner notice.
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2.
There shall be no application or other fees, except advertising and noticing
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fees, for affordable housing projects, except that all applicable fees shall be
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charged for applications for all development approvals required for any
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development under Sec. 130 -161.1 of the Monroe County Code and for
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applications for variances to setback, landscaping and /or off - street parking
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regulations associated with an affordable housing development.
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3.
There shall be no application or other fees, except advertising and noticing
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fees, for property owners who apply for a map amendment to the official LUD
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map and /or the official FLUM, if the property owner can provide satisfactory
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evidence that a currently existing use on the site that also existed lawfully in
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1992 was deemed nonconforming by final adoption of the LUD map and/or a
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currently existing use on the site that also existed lawfully on the site in 1997
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was deemed nonconforming by final adoption of the FLUM. To qualify for
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the fee exemption, the applicant must apply for a LUD and/or FLUM
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designation(s) that would eliminate the non - conforming use created with
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adoption of the existing designation(s) and not create an adverse impact to the
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community. Prior to submittal of a map amendment application, the applicant
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must provide the evidence supporting the change and application for a fee
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exemption with the proposed LUD map /FLUM designations to the Monroe
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County Planning & Environmental Resources Department as part of an
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application for a Letter of Understanding. Following a review, the Director of
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Planning & Environmental Resources shall determine if the information and
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evidence is sufficient, and whether the proposed LUD map and/or FLUM
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designations are acceptable for the fee waiver, and approve or deny the fee
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exemption request. This fee waiver Letter of Understanding shall not obligate
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the staff to recommend approval or denial of the proposed LUD or FLUM
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Category.
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4.
Hearing fees: applicant shall pay half the cost of the hourly rate, travel and
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expenses of any hearing officer. The County is currently charged $142.00 per
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hour by Department of Administrative Hearings (DOAH). If the fee charged
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to the County is increased, the charge will change proportionately. An
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estimated amount of one -half of the hearing officer costs as determined by the
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County Attorney shall be deposited by the applicant along with the application
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fee, and shall be returned to the applicant if unused.
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5.
Base fees listed above include a minimum of (when applicable) two internal
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staff meetings with applicants; one Development Review Committee meeting,
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one Planning Commission public hearing; and one Board of County
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Commission public hearing. If this minimum number of meetings/hearings is
Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013)
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exceeded, the following fees shall be charged and paid prior to the private
development application proceeding through public hearings:
a. Additional internal staff meeting with applicant $500.00
b. Additional Development Review Committee public hearing $600.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board of County Commissioners public hearing $850.00
The Director of Growth Management or designee shall assure these additional
fees are paid prior to hearing scheduling. These fees apply to all applications
filed after September 15, 2010.
6. Applicants for Administrative Appeal, who prevail after all appeals have been
decided or where the appeal period(s) has expired, shall have the
Administrative Appeal application fee refunded. A full refund does not
require approval by the Board of County Commissioners; however, if the
appellant only prevails on a portion of their appeal, the Board of County
Commissioners shall determine the amount of the refund.
7. Concerning the application fees to amend the tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more than one parcel.
8. Applicants for any processes listed above that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of $5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and
other related studies submitted by the applicant as part of the development
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon permit approval.
Section 2.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
Section 3.
The Clerk of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of may , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
B a� Z�
Deputy Clerk
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By �4 •tom.
Mayo George Neugent
M0NR�r ry NEY
Af F
ST FO M
Date: —S %
Planning & Environmental Resources Department Fee Schedule (Revised 04 -22 -2013) Page 6 of 6