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Resolution 156-2007 RESOLUTION NO. 156-2007 A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE WAIVER OF BUILDING PERMIT AND APPLICATION FEES FOR THE AFFORDABLE HOUSING DEVELOPMENTS, PURSUANT TO MONROE COUNTY CODE, SEC. 6-27(d)(2) AND SEC.6-27(e). WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the Board of County Commissioners is committed to addressing critical housing affordability issues facing the Florida Keys; and WHEREAS, the Board of County Commissioners makes the following findings offact: I. The State of Florida and all local governments in the Florida Keys recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive. 2. To encourage the creation of affordable housing the Board of County Commissioners must take innovative actions, such as the waiver or elimination of building, permitting and other fees. 3. Monroe County Code Sec. 6-27 (d) (2) provides for full exemption from county building and permit application fees for the construction of affordable housing projects that are "receiving financial assistance from Monroe County." 4. Monroe County Code Sec. 6-27 (e) provides that not-for-profit organizations and "... lessees of county-owned property for construction on said property ... may apply to the Board of County Commissioners for fee waivers from the permit and application fees". 5. A generic waiver for all projects for which waiver would be allowable under the County Code would provide incentives, or at least diminish the disincentives, for the creation of affordable housing, to include such measures as waiver of building, permitting and other fees, developers have been hesitant to create additional affordable housing in the Florida Keys; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I. It is the intention of the Board of County Commissioners to always waive the building permit and application fees charged by Monroe County for construction or redevelopment of affordable housing projects for any applicant that is a not-for-profit organization, with SOI(c) (3) status, or who is the lessee of county-owned property and/or who receives financial assistance from Monroe County for the purpose of constructing or redeveloping affordable housing projects. Section 2. The permit application fees for all affordable housing projects which meet the conditions in section I, above, and which have been initiated but have not received their certificates of occupancy are hereby waived effective the date of execution of this Resolution. Section 3. Growth Management Division staff is directed to prepare an amendment to Monroe County Code Sec. 6-27(d)(2) and Sec. 6-27(e) to routinely implement the above intention of the Board. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 18th day ol. April ,2007. :J:: = -n 0 = C> :xo- ...... z :0- . ?3nX rr1 o 2: -0 a r-, c.-( ;Q Mayor DiGennaro ~ N '~il Yes n. 0 ,;::. 00:- U1 ::"V Mayor Pro Tern Spehar Yes :~;;:::; -- ::0 ~~ ~ ~~~ " Commissioner McCoy Yes :x en C) Commissioner Neugent No ~ C) "T1 G) ::D Commissioner Murphy No 0 rq U1 CJ ~, (1\ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~4~ Mayor/Chairman 2 DMSION I. PERMITS Page 1 of 1 Sec. 8-27. F.... (a) Purpose: The purpose of this section is to establish the authority, schedule, and exemptions for permitting and rell1ted fees. (b) Authority and Fee Schedule: Except as specifically established by this chapter, the beard of county comminioners IIIIIY by resoIutlon establllh a l'8e schecIuletor, but not limited to permit applications, permits, plans examination, certificates of competency, re-lnspections, permit ran_Is, admlnlatnltlve fees, varlenca ..qu..ts, and admlnistrstive appe.... (c) Fees Required: Except as authorized by this chapter, no permit shall be issued without payment of all appropriate re... Wh... a non..fundable appl/cetlon fee is charged, the fee may be applied to off-set the total permit re. at the time the permit is i.sued, except wh.re the application ree .xceeds the total permit fee. In this case, the application l'8e ahall become the totel permit fee. (d) Fee Exemptions: F_ may be ex.mpted for only those .ntities and activltiea apeclfically liated below: (1) Conditional axemptiona: The following governmental .ntIties _ exempt from county building permit and application fees, but only if the lilted .ntity does not charg. the COUnty a fee (including an Impect fee) for development, .nvironment, or .imilar permits, or for right-of-way use: a. Th. State of Florida including the South Florida Water Management DIIlricI; b. Th. United Stata.; c. Municlpelllle. wholly located within the county; d. City Electric Sy.t.m; .. Florida K.ys Electric Co-op; and f. Florida Keys Aqueduct Authority. (2) Fun examptions: The following .ntities or work are .xempt from the county building permit and application fee.: a. Monroe County; b. Volunteer fire depertments; c. Volunteer emerg.ncy medical d.pertments; and, d. Construction of affordable housing projects, e. defined under the Florida Statute. or chapt.r 9.5, receiving financiala..istence 6'om Monroe County. (.) Fee WaNeI3: Not-tor-profit organization. with 501(cX3) statu. from the Internal Rev.nu. S.rvIce for construction of atrordable or low Income houaing es defined by Florida Statutes and I...... of county-owned property for construction on seld property meY apply to the beard of county commis.ioners for fee waiv.rs from the permit and application fee.. (l) Fee Refunds: No fee. paid for building permit fee. .haH be refunded without th. approval of the beard of county commisaioners upon the rscommendation of the county lIdministretor. Permit application fees are not refundable. (Ord. No. 010-2002, 5 6; Ord. No. 019-2003, 5 1) http://libmyl.m1lllicode.comImccIDocView/1127011160164165?bilite- 112412007