Resolution 031-2011RESOLUTION NO. 031 - 2011
A RESOLUTION AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO EXTEND THE
PERIOD OF EXPIRATION FOR ROGO /NROGO
ALLOCATIONS TO ALLOW BUILDING PERMIT REVISIONS
FOR ONSITE SEWAGE TREATMENT AND DISPOSAL
SYSTEMS OR FOR ANTICIPATED CENTRAL SEWER
SERVICE AVAILABILITY AND AUTHORIZING THE
ISSUANCE OF BUILDING PERMITS WHERE CENTRAL
SEWER SERVICE WILL BE AVAILABLE WITHIN SIX
MONTHS
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 Rate of Growth Ordinance
(ROGO) and Non - residential Rate of Growth Ordinance (NROGO) allocations were
based assumed that the applications were complete with correctly engineered OSTDS
that may not meet the current standards; 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 the permit
issued; 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, applicants for residential permit allocations have been waiting a substantial
period of time to build, many of them for several years; and
WHEREAS, it is anticipated that the recipients of both residential and non - residential
allocations will need time to obtain engineered plans and comply with DOH
requirements in order to pick up their building permits; and
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WHEREAS, recipients of ROGO and NROGO allocation awards who will have sewer
service within a short period of time from the expiration of the initial allocation award
should not be required to incur an unreasonable additional expense for engineering
services for an on -site facility which will not be necessary at time of issuance of a
certificate of occupancy; 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, recipients of ROGO and NROGO allocation awards who want their building
permits issued and who will have sewer service within a short period of time should not
be required to incur an unreasonable additional expense for engineering services for an
on -site facility which will not be necessary at time of issuance of a certificate of
occupancy;and
WHEREAS, the Monroe County BOCC finds that this time extension to allow the
issuance of building permits and to allow permit applicants longer than 60 days to obtain
building permits after award of allocation to meet DOH standards or to allow for
completion of and connection to central sewer service within a short and reasonable
time frame is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1 . The Growth Management Division Director is authorized to grant extensions
beyond the sixty (60) days currently allowed for procuring a building permit after
allocation award, as provided in Monroe County Code Sections 138 -25 and 138 -52 to
persons receiving a ROGO or NROGO allocation.
Section 2 _ The extension provided for in Section 1 shall be granted only to those
persons who need new performance based engineered plans for DOH approved onsite
sewage treatment disposal systems or who will have central sewer service available
within six months of the allocation expiration.
Section 3 . Those persons requiring such an extension of their ROGO / NROGO
allocation - for expected central sewer service shall request such an extension in writing
prior to the original expiration date of the allocation award with documentation by letter
of coordination from the central sewer service provider of the expected date of service;
however, in no event shall the extension be longer than six months from the original
expiration date (a total of eight months from the allocation award).
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Section 4 . Those persons requiring an extension for revised building permit
submissions for the DOH shall request the extension in writing prior to the original
expiration date of the allocation award and shall provide the date by which design
drawings will be obtained and submitted to DOH for review and approval; however, in no
event shall the extension be longer than six months from the original expiration date of
the allocation (a total of eight months from allocation award).
Section 5, . Those persons desiring the issuance of a building permit who will have
central sewer service within six months shall provide documentation by letter of
coordination within the time period of the original allocation (sixty days) from the central
sewer service provider of the expected date of service and shall pick up their building
permit. No certificate of occupancy will be issued until service is provided.
Section 6 . All other persons with allocation awards for ROGO /NROGO who do not
need an extension to fulfill the new requirements of Chapter 2010 -205 Laws of Florida
for OSTDS or who have central sewer service availability remain subject to the 60 day
expiration of an allocation award.
Section 7 . Applicants for such extensions listed above shall execute an affidavit
acknowledging that they are aware of and will accept all risks of expense associated
with such extension requests and shall hold the county harmless in regard to such
extensions; and the applicants' responsibilities for providing for sewage disposal or
hookup.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of January, 2011.
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Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
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Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C06 4,Y
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ATTEST: DANNY L. KOLHAGE, CLERK
SJu-�/c. LG C4 , �J
Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED TO.FORM:
SUSAN GRIMSL
ASSfSTANT , UNTY ATTORNEY
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