Resolution 245-2010
RESOLUTION NO. 245 -2010
A RESOLUTION EXTENDING THE PERIOD OF EXPIRATION
FOR ROGO ALLOCATIONS UNTIL FEBRUARY 18, 2011
FOR THOSE ALLOCATIONS AWARDED FOR THE ROGO
QUARTERS ENDING APRIL 12, 2010 AND JULY 12, 2010
TO ALLOW BUILDING PERMIT REVISIONS FOR ONSITE
SEWAGE TREATMENT AND DISPOSAL SYSTEMS
WHEREAS, allocations under the Monroe County Rate of Growth Ordinance (ROGO)
were made by the Monroe County Planning Commission for Year 18, Quarter 3 for the
Lower Keys Sub-area and Big Pine/No Name Key on June 9, 2010 and for the Upper
Keys Sub-area on June 23, 3010; and
WHEREAS, amendments enacted by Senate Bill 550 (Chapter 2010-205 Laws of
Florida) became effective July 1, 2010 which extended the time for Monroe County to
construct centralized sewer and for residents to hook up to central sewer or meet new
standards for sewage treatment from December 31 , 2010 until December 31 , 2015; and
WHEREAS, Chapter 2010-205 Laws of Florida also required stricter standards for new,
modified and repaired onsite sewage treatment and disposal systems (OSTDS)
beginning July 1 , 2010 to be administered by the Department of Health (DOH); and
WHEREAS, the building permit applications upon which the ROGO allocations were
based assumed that the applications were complete with correctly engineered OSTDS;
and
WHEREAS, the new standards to be implemented by DOH require that building permit
applications need to be revised before a DOH approval will be given; and
WHEREAS, Monroe County Code Section 138-25(f) states than an allocation award
shall expire if its corresponding building permit is not picked up within 60 days of
notification of the award; and
WHEREAS, the engineered revisions necessary to update the plans for the OSTDS,
approval from DOH and submission to the building department for approval of the
building permit will, in many cases, take more than 60 days to achieve; and
WHEREAS, recipients of permits applied for their permits between 2004 and 2008 for
the latest allocation awards and have been waiting a substantial period of time to build;
and
WHEREAS, ROGO Quarter 4 of Year 18 closed July 12, 2010, and allocations are
anticipated to be made in September by the Planning Commission; and
WHEREAS, it is anticipated that the recipients of the allocations from Quarter 4 will also
need time to obtain engineered plans and comply with DOH requirements in order to
pick up their building permits; and
WHEREAS, Monroe County Code Section 138-26 states that "As may be required from
time to time, the board of county commissioners may extend the 60-day expiration
period for an allocation award by resolution upon finding that such extension is in the
public interest;" and
WHEREAS, the Monroe County BOCC finds that this time extension to meet DOH
standards and allowing permit applicants longer than 60 days to obtain building permits
prior to allocation expiration is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. It is in the best interests of the public and the citizenry of Monroe County that
an extension be given to recipients of ROGO allocations who were unable to timely
meet the requirements of Chapter 2010-205 to fulfill the requirements necessary to
obtain a building permit.
Section 2. Recipients of allocations for ROGO Year 18, Quarter 3 who need DOH
compliance revisions shall have until February 18, 2011 to pick up their building permits.
Section 3. Recipients of allocations for ROGO Year 18, Quarter 4 who need DOH
compliance revisions shall have until February 18, 2011 to pick up their building permits.
Section 4. All other allocations for ROGO in Year 18, Quarter 3 and 4 not in need of an
extension to fulfill the new requirements of Chapter 2010-205 are still subject to the 60
day expiration.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of August, 2010.
Mayor Sylvia Murphy
Mayor pro tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
Yes
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY ORIDA
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. :::7!", ",. -:"~:b;. i~ ,I, Mayo Sylvi Murphy
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ArrEST::.~OANNY L. KOLHAGE, CLERK
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Deputy Clerk