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Item H2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16,2008 Division: Growth Management Bulk Item: Yes X No Department: Staff Contact Person: Andrew O. Trivette AGENDA ITEM WORDING: Approval of a resolution to extend the authority of the Growth Management Director to toll time limit requirements for obtaining a building permit or required permit inspections for properties adversely impacted by the Court ordered injunction on the issuance of new flood insurance policies under the National Flood Insurance Program pending resolution of the injunction. ITEM BACKGROUND: On November 16, 2005, the Board passed Resolution 420-2005 granting authority to the Growth Management Division Director to toll the time limits on the expiration of ROGO allocation awards and building permits for those properties affected by the injunction, where the applicant or permit holder can provide written proof of the denial of either flood insurance or financing due to the inability to obtain flood insurance. This authority was extended by Resolutions 166-2006 & 185-2007. All of these resolutions stipulated as a condition approval that the holder of the ROGO allocation award or building permit provide written proof to the Building Department of the denial of either an application for flood insurance or denial of financing by a lender. This requirement was too burdensome on our applicants and we now request that the requirement be relaxed pursuant to Board direction at its June 18t\ 2008 meeting. PREVIOUS RELEVANT BOCC ACTION: BOCC meeting on November 16, 2005 BDardapproved Resolution 420-2005 BOCC meeting April 19, 2006 Board approved Resolution 166-2006 BOCC meeting May 16, 2007 Board approved Resolution 185-2007 CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ---L OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Roman Gastesi, County Administrator From: Andrew O. Trivette, Growth Management Division Director Date: June 30, 2008 RE: Tolling of Building Permit Applications The intention of this memo is to provide additional information regarding the Division's request to modify the submission requirements for the request to toll building permit applications subject to the federal flood insurance injunction. The BOCC granted the Growth Management Division Director the authority to toll the acceptance deadlines for building permits for property owners whose property is subject to the federal flood insurance injunction. This authority was first granted by Resolution 420-2005 and extended by Resolutions 166-2006 & 185-2007. All of these resolutions stipulated as a condition of approval: 2) The holder of the ROGO allocation award or building permit provides written proof to the Building Department of the denial of either an application for jlood insurance for the subject property or denial of financing by a lender due to the inability to obtainjlood insurance. This requirement has proven too onerous on our applicants and we now request that the requirement be relaxed to a simple written letter of request from the property owner. At the regularly scheduled meeting of the BOCC on June 18, 2008 the Growth Management Division Director was granted the temporary authority to waive this requirement until the July 16, 2008 meeting of the BOCC. This time period has allowed the Division to accept two such requests without incident and we now request a formal amendment to the process. ;~~~~ ~ .;- ,~_:~,:~f:- ~':-.::~~_:;", .-;~, ':'::.r,)..:'-~~\~~:~. ~~~~:tN,\i;~;~~J~!~~fi~{~l~-::Cf:';r:>:;~r~tl~/~;~~:~.'~'~:)~~~~~:i~~~~ Page ] RESOLUTION -2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION 185-2007 RENEWING THE AUTHORITY OF THE GROWTH MANAGEMENT DIVISION DIRECTOR TO TOLL THE TIME LIMIT REQUIREMENTS FOR OBT AINING A BUILDING PERMIT OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSEL Y IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM PENDING RESOLUTION OF THE INJUNCTION; MODIFYING THE REQUEST CRITERIA. WHEREAS, the U.S. District Court for the Southern District of Florida entered a permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service has demonstrated compliance with that Court's prior order of March 20, 2005 (the "FEMA Injunction"); and WHEREAS, the Board of County Commissioners of Monroe County, Florida makes the following findings of fact: 1. The U.S. District Court Orders referenced above have imposed severe limitations on new construction for all but the most wealthy property owners in the affected areas. 2. The Growth Management Division staff estimates that over 60 percent of the applicants recently receiving ROGO allocation awards are adversely affected by the injunction. 3. Section 9.5-122.1(t), Monroe County Code provides that a ROGO allocation award and corresponding building permit expires after sixty (60) days. from the date of the mailing of the notice of the allocation award unless it is picked up. 4. The Florida Building Code and Section 6-20, Monroe County Code provides that permits shall become null and void unless work authorized by the permit is commenced within 180 days and, once commenced, required inspections are conducted within 180 days from the last required inspection. Page I of3 5. An unknown number of these applicants receiving a ROGO allocation award or permit holders may be financially unable to proceed with the financing and construction of their homes without federally backed flood insurance. 6. It is uncertain how long the Court ordered injunction on issuance of flood insurance under the National Flood Insurance Program will continue; however, it is certain to have an adverse impact on those applicants who require this insurance to construct new homes. 7. At the Board of County Commissioners' October 19, 2005, regularly scheduled meeting, the Growth Management Division staff received conceptual approval to prepare a resolution that will authorize the Growth Management Division to toll the permit time limits for those applicants with ROGO allocation awards and other permit holders who are unable to proceed with the financing and construction of their residential projects. 8. At the Board of County Commissioners' November 16, 2005 scheduled meeting, the Board passed Resolution No. 420-2005, directing the Growth Management Director to toll time limit requirements for obtaining a building permit or permit inspections for properties adversely impacted by the court ordered permanent injunction on the issuance of new flood insurance policies under the National Flood Insurance Program pending resolution of same or 180 days whichever comes first. This resolution was extended by Resolution 166-2006 by the BOCC on April 19, 2006 and again by Resolution 185-2007 on May 16, 2007. 9. The Growth Management Division staff has prepared this resolution to renew the authority for the Growth Management Director to begin tolling of time limit requirements for building permits and permit inspections following a written request from the property owner, until termination of the injunction. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Growth Management Division Director or his designee is authorized and directed to toll the time limits of Section 9.5-122.1(t) and Section 6-20, Monroe County Code for any applicant receiving a RaGa allocation award or building permit that meets the following criteria: 1) The property, which is the subject of the ROGO allocation award or building permit, is on the list of parcels subject to the Court ordered injunction for new flood insurance; and 2) The holder of the ROGO allocation award or building permit provides a written request to the Building Department for the tolling of an application based on the property being subject to the federal flood insurance injunction (subject to staff verification). Page 2 of3 Section 2. The applicable ROGO allocation award or building permit that meets the criteria in Section 1 above will be tolled by the Growth Management Division Director for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA Injunction is stayed or lifted, whichever comes first. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled meeting of said Board held on the 16th day of July, 2007. Mayor Mario DiGennaro Mayor Pro Tern Charles "Sonny" McCoy Commissioner Dixie Spehar Commissioner George Nugent Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Mario DiGennaro Page 3 of3 ~ RESOLUTION NO. 185 - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 410-1005 TO ALLOW THE GROWTH MANAGEMENT DIVISION DIRECTOR TO CONTINUE TO TOLL THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSEL Y IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM UNTIL THE INJUNCTION IS STAYED OR LIFTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U. S. District Court for the Southern District of Florida entered a permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, until such lime as U. S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20, 2005; and WHEREAS, Section 9.5-122. I (g), Monroe County Code dictates that the ROGO allocation award and corresponding building permit expire within sixty (60) days of notification from the date of the mailing of the allocation award; and WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code provides that permits shall become null and void unless work authorized by the permit is commenced within 180 days or required inspections are conducted within 180 days from the last required inspection; and WHEREAS, an unknown number of applicants receiving a ROGO allocation award or permit holders may be financially unable to proceed with the financing and construction of their homes without federally backed flood insurance; and WHEREAS, on the 16th day of November, 2005, the Board of County Commissioners approved Resolution No. 420-2005 which states: Section 1. The Growth Management Director or his designee is authorized to toll the time limits of Section 9.5-122.1(g) and Section 6- 20, Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that meets the following criteria: 1). The property, which is the subject of the ROGO allocation award or building permit, is on the list of parcels subject to the Court ordered injunction for new flood insurance; and 2) The holder of the ROGO allocation award of building permit shall provide written proof to the Building DefXlrtment of the denial of either an application for flood insurance for the subject property or denial of financing by a lender due to the inability to obtain flood insurance. "r "Section 2. The applicable ROOO allocation award of building permit meets all the criteria in Section J above may be tolled for a maximum of 180 days or until the injunction is stayed or lifted, whichever comes first. " WHEREAS, the permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, has not yet been lifted; and WHEREAS, it is still necessary to toll the time limits of Section 9.5-122. 1 (g) and Section 6-20, Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that meets the criteria set forth in Section 1. of Resolution No. 420-2005 until the injunction has been lifted; NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: I. That Section 2. be amended to read: Section 2. The applicable ROGO allocation award or building permit that meets aU criteria in Section 1 above may be tolled until the injunction is stayed or lifted. 2. This Resolution shall be effective retroactive to May 15, 2006 and will remain in effect until the injunction is stayed or lifted. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regularly scheduled meeting of said Board held on the 16th day of May, 2007. Mayor Mario DiGennaro ~ Mayor Pro Tem Dixie Spehar Absent Commjssioner George Neugent Yes Commissioner Charles "Sonny" McCoy Yes Commjssioner Sylvia Murphy Yes (SEAL) ~ :t. a g ~ ":> ..... ~ ~ c- o ~ ::-: c= r[]~-< :z: ~~~~ : -1- ; ::J: :-~ ;,~-, -::: - -, :,.-:.. .. . C) r 1-" 0 BOARD OF COUNTY COMMISSI6NERS -..I OF MONROE COUNTY, FLORIDA By: ~i~~non MONROE COUNTY ATTORNEY APPR~D A 'TO F.ORM: <: / .~ ';A" . '{.2('~ SUSAN M. GRIMSLEY ASSISTANT 6~ NTY ATTORNEY Dale <}' J' (., 'J 2 -.., :- '1 ,;::] "1 ::) ;:.0 -.-, ..-<J rei ('") (:) ;.-.J C) .~ RESOLUTION 166 -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING THE AUTHORITY OF THE GROWTH MANAGEMENT DIVISION DIRECTOR TO TOLL THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSEL Y IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM PENDING RESOLUTION OF SAME, OR 180 DAYS FROM MAY 15, 2006, WHICHEVER FIRST OCCURS; DIRECTING THE PLANNING DIRECTOR TO FORWARD A COpy OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. District Court for the Southern District of Florida entered a permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service has demonstrated compliance with that Court's prior order of March 20, 2005 (the "FEMA Injunction"); and WHEREAS, the Board of County Commissioners of Monroe County, Florida makes the following findings of fact: 1. The U.S. District Court Orders referenced above have imposed severe limitations on new construction for all but the most wealthy property owners in the affected areas. 2. The Growth Management Division staff estimates that over 60 percent of the applicants recently receiving RaGa allocation awards are adversely affected by the injunction. 3. Section 9.S-122.I(g), Monroe County Code provides that a ROGO allocation award and corresponding building permit expires after sixty (60) days from the date of the mailing of the notice of the allocation award unless it is picked up. Page I of3 ." 4. The Florida Building Code and Section 6-20, Monroe County Code provides that permits shall become null and void unless work authorized by the permit is commenced within ISO days and, once commenced, required inspections are conducted within ISO days from the last required inspection. 5. An unknown number of these applicants receiving a ROGO allocation award or permit holders may be financially unable to proceed with the financing and construction of their homes without federally backed flood insurance. 6. It is uncertain how long the Court ordered injunction on issuance of flood insurance under the National Flood Insurance Program will continue; however, it is certain to have an adverse impact on those applicants who require this insurance to construct new homes. 7. At the Board of County Commissioners' October 19, 2005, regularly scheduled meeting, the Growth Management Division staff received conceptual approval to prepare a resolution that will authorize the Growth Management Division to toll the permit time limits for those applicants with ROGO allocation awards and other permit holders who are unable to proceed with the financing and construction of their residential projects. 8. At the Board of County Commissioners' November 16, 2005 scheduled meeting, the Board passed Resolution No. 420-2005, directing the Growth Management Director to toll time limit requirements for obtaining a building permit or permit inspections for properties adversely impacted by the court ordered permanent injunction on the issuance of new flood insurance policies under the National Flood Insurance Program pending resolution of same or 180 days whichever comes first. 9. Resolution of the Court Case is not foreseeable by May 15, 2006, which is the date of expiration for Resolution No. 420-2005. 10. The Growth Management Division staff has prepared this resolution to extend the toll of time limit requirements for building permits and permit inspections for an additional ISO days after May 15,2006. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Growth Management Division Director or his designee is authorized and directed to toll the time limits of Section 9.5-122.1(g) and Section 6-20, Monroe County Code for any applicant receiving a ROGO allocation award or building permit that meets the following criteria: 1) The property, which is the subject of the ROGO allocation award or building permit, is on the list of parcels subject to the Court ordered injunction for new flood insurance; and Page 2 of3 2) The holder of the ROGO allocation award or building permit provides written proof to the Building Department of the denial of either an application for flood insurance for the subject property or denial of financing by a lender due to the inability to obtain flood insurance. Section 2. The applicable RaGa allocation award or building permit that meets the criteria in Section 1 above will be tolled by the Growth Management Division Director for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA Injunction is stayed or lifted, whichever comes first. Section 3. This resolution shall be transmitted by the Director of Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with Chapter 380 of the Florida Statutes. Section 4. This resolution shall be filed in the Office of the Secretary of State of the state of Florida, but shall not become effective until approved by the Department of Community Affairs or Administrative Commission. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled meeting of said Board held on the 19th day of April, 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tem Murray Nelson Commissioner Dixie Spehar Commissioner George Nugent Commissioner David Rice Yes Vacant Yes Yes Yes Y L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS :: MONROE CoqJ(Y> FLORIDA Mayor/Chairperson 0 ~ a:: N l.LJ ~ 0 - t.:l -' U - < .It.. W x: ::-:f-';'= _JU,- a:: a.. ::)a::z 0::::: C) ::S::-:::J 0 .uo ll.. -' .(,j 0 >- >-~w Lu .cr; :;z:-'o -J 2: z<'>o:; Li: ~ < :;z: Q 0 L Page 3 of3 ,r RESOLUTION 420 -2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE GROWTH MANAGEMENT DIVISION DIRECTOR TO TOLL THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSEL Y IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM PENDING RESOLUTION OF SAME, OR 180 DAYS, WHICHEVER FIRST OCCURS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE PLANNING DIRECTOR TO FORWARD A CERTIFIED COpy OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. District Court for the Southern District of Florida entered a permanent injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20,2005; and WHEREAS, the Court's Orders have imposed severe limitations on new construction for all but the most wealthy property owners in the affected areas; and WHEREAS, the Growth Management Division staff estimates that over 60 percent of the applicants recently receiving ROGO allocation awards are adversely affected by the injunction; and WHEREAS, Section 9.S-122.l(g), Monroe County Code dictates that the ROGO allocation award and corresponding building permit expire within sixty (60) days of notification from the date of the mailing of the allocation award; and WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code provides that permits shall become null and void unless work authorized by the permit is Page I of3 / commenced within 180 days or required inspections are conducted within 180 days from the last required inspection; and WHEREAS, an unknown number of these applicants recelvmg a ROGO allocation award or permit holders may be financially unable to proceed with the financing and construction of their homes without federally backed flood insurance; and WHEREAS, it is uncertain how long the Court ordered injunction on issuance of flood insurance under the National Flood Insurance Program will continue; however, it is certain to have an adverse impact on those applicants who require this insurance to construct new homes; and WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly scheduled meeting, the Growth Management Division staff received conceptual approval to prepare a resolution that will authorize the Growth Management Division to toll the permit time limits for those applicants with ROGO allocation awards and other permit holders who are unable to proceed with the financing and construction of their residential projects; and WHEREAS, the Growth Management Division staffhas prepared this resolution based on the direction provided by the Board of County Commissioners. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Growth Management Division Director or his designee is authorized to toll the time limits of Section 9.5-I22.1(g) and Section 6-20, Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that meets the following criteria: 1) The property, which is the subject of the ROGO allocation award or building permit, is on the list of parcels subject to the Court ordered injunction for new flood insurance; and 2) The holder of the ROGO allocation award or building permit shall provide written proof to the Building Department of the denial of either an application for flood insurance for the subject property or denial of financing by a lender due to the inability to obtain flood insurance. Section 2. The applicable ROGO allocation award or building permit that meets all the criteria in Section 1 above may be tolled for a maximum of 180 days or until the injunction is stayed or lifted, whichever comes first. Page 2 of3 Section 3. This resolution shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with Chapter 380 of the Florida Statutes. Section 4. This resolution shall be filed in the Office of the Secretary of State of the state of Florida, but shall not become effective until approved by the Department of Community Affairs or Administrative Commission. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled meeting of said Board held on the 16th day of November, 2005. Mayor Charles "Sonny McCoy Mayor Pro Tern Murray Nelson Commissioner Dixie Spehar Commissioner George Nugent Commissioner David Rice Yes Yes Yes Yes Yes (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~.J.Q.... ~)h~ By Deputy Clerk MaYOr~erson (~T~ I ::r c o _ :z: ::: :::00- o,z "';:J::-< ("")0 r- an' c:-;:::::; _ ;:0 ._ --. '~>' -; r- :<~~ ..." ;::.': r- iu' r:1 ):> Page 3 of3 ...... c::::t c::::t 0.. <- :Doo :z N ... :za :x - .. Co) <7' .." r- ~ CJ ""T1 o ::::0 :;0 f"l1 ("") C) ;::0 I::)