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Resolution 282-2011 RESOLUTION 282-2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ALLOWING THE GROWTH MANAGEMENT DIVISION DIRECTOR TO TOLL THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT AFTER RATE OF GROWTH ORDINANCE (ROGO) OR NON - RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO) ALLOCATION IS AWARDED OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES SUBJECT TO THE INJUNCTION AGAINST THE ISSUANCE OF FLOOD INSURANCE POLICIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM PENDING LIFTING OF THE INJUNCTION IN FLORIDA KEY DEER V. FUGATE, 90 -CV- 10037, SPECIFICALLY EXCLUDING PROPERTIES WITHIN THE COASTAL BARRIER RESOURCE SYSTEM FROM ELIGILIBTY FOR TOLLING, AND ESTABLISHING TIME LIMITS FOR PROPERTY OWNERSTO PICK UP PERMITS OR CONTINUE BUILDING INSPECTIONS WHEN THEY ARE REMOVED FROM THE INJUCTION WHEREAS, the U.S. District Court for the Southern District of Florida entered an injunction in Florida Key Deer v. Fugate, 90 -CV -10037 (the "FEMA Injunction ")prohibiting the Federal Emergency Management Agency ( "FEMA ") from issuing flood insurance policies for residential and commercial development commenced after September 9, 2005, for certain properties in Monroe County until such time as U.S. Fish and Wildlife Service demonstrated compliance with that Court's order of March 20, 2005; and WHEREAS, the Board of County Commissioners of Monroe County, Florida makes the following findings of fact: 1. The FEMA Injunction has 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 forty percent of the applicants receiving allocation awards are adversely affected by the FEMA Injunction. 3. Section 138 -25(f) and Section 138- 52(g), Monroe County Code provide that a ROGO/NROGO allocation award and corresponding building permit expire after sixty (60) days from the date of the mailing of the notice of the allocation award unless the permit is picked up by the permitee. 4. The Florida Building Code and Section 6 -103, Monroe County Code provide 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. 5. An unknown number of applicants receiving an allocation award and building permit holders may be financially unable to proceed with the financing and construction of their homes or businesses without flood insurance issued under the National Flood Insurance Program (NFIP). 6. It is uncertain how long the FEMA Injunction will continue; however, it is certain to have an adverse impact on those applicants who require flood insurance to construct new homes or businesses. 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 authorized the Growth Management Division to toll the permit time limits for those applicants with ROGO/NROGO allocation awards and other permit holders who are unable to proceed with the financing and construction of their projects. 8. At the Board of County Commissioners' November 16, 2005 regularly scheduled meeting, the Board passed Resolution 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 FEMA Injunction pending resolution of injunction. Resolution 420 -2005 was extended by Resolution 166 -2006 by the BOCC on April 19, 2006; by Resolution 185 -2007 on May 16, 2007; and again by Resolution 219 -2008 on July 16, 2008. 9. The Growth Management Division staff has prepared this resolution to continue the authority for the Growth Management Division Director to toll the time limit requirements for allocation awards, building permits and permit inspections following a written request from the property owner, until the FEMA Injunction is lifted, with certain restrictions. 10. Properties located in the Coastal Barrier Resources System (CBRS) are ineligible for federal flood insurance pursuant to the Coastal Barrier Resources Act (CBRA) of 1982 and the CBRA Improvement Act of 1990. Even if the FEMA Injunction is lifted, the properties located in the CBRS will still be ineligible for federal flood insurance. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County ( "County") Growth Management Division Director or his/her designee is authorized and directed to toll the time limits of Sections 138 -25(f) and Section 138 -52(g) and Section 6 -103, Monroe County Code for any applicant receiving a ROGO or NROGO allocation award or building permit that meets the following criteria: 1) The property, which is the subject of the ROGO or NROGO allocation award or building permit: • a. is on the list of parcels subject to the FEMA Injunction; and b. has not been removed from the list of properties affected by the injunction by court order; and c. is not located in the Coastal Barrier Resources System or an Otherwise Protected Area; and 2) The holder of the ROGO or NROGO allocation award or building permit provides a written request to the Planning & Environmental Resources Department for the tolling of an allocation award or to the Building Department for the tolling of the building permit based on the property being subject to the FEMA Injunction (subject to staff verification). Section 2. The applicable allocation award or building permit that meets the criteria in Section 1 above will be tolled by the Growth Management Division Director or her designee. Section 3. The allocation award or building permit tolled pursuant to Section 1 and Section 2 are authorized to be tolled only as long as the property is on the list of properties covered by the FEMA Injunction. Once the Court orders the removal of a property from the FEMA Injunction list, the allocation award or building permit shall no longer be tolled. Section 4. Owners of properties removed from the FEMA Injunction list will have 180 days from the date of a letter of notification by the County after County receives notice from the court that the property was removed to: 1. have the building permit issued if the allocation award was tolled, or 2. obtain a passed building permit inspection if the permit was tolled. Section 5. Once the FEMA Injunction is lifted, the allocation awards or building permits that were previously tolled under the authority of this or prior Resolutions are no longer tolled; owners of parcels still remaining on the FEMA Injunction list when the injunction is lifted will have 180 days from the date of a letter of notification by the County to: 1. have the building permit issued if the allocation award was tolled, or 2. obtain a passed building permit inspection if the permit was tolled. Section 6. A property on the FEMA Injunction list is only eligible for a tolling once; either the allocation award or the building permit may be tolled. A second request for a tolling of a property shall not be granted. Section 7. The holder of a ROGO or NROGO allocation award, whose property is located in the Coastal Barrier Resource System, who has been previously granted the tolling of an allocation award, and which allocation is currently tolled, will be notified by mail by the Planning & Environmental Resources Department to pick up the corresponding building permit within 180 days from the date of the letter, or the allocation will expire. Section 8. The holder of a building permit for property located in the Coastal Barrier Resource System who has been previously granted the tolling of the building permit, and which permit is currently tolled, will be notified by mail by the Building Department that there must be a passed building permit inspection within 180 calendar days from the date of the letter, or the permit will expire. Section 9. The County specifically recognizes and ratifies any tolling of ROGO/NROGO allocations or building permits that were tolled pursuant to Resolution 420 -2005, Resolution 166 -2006, Resolution 185 -2007, and Resolution 219 -2008 subject to Sections 1 through 8 above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled meeting of said Board held on the 21 day of September, 2011. Mayor Heather Carruthers Yes Mayor Pro Tem, David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia J. Murphy Yes C3 N --- - °' BOARD OF COUNTY COMMISSIONERS o OF MONROE COUNTY, FLORIDA BY Ca Mayor each arruthers • r► ANNY L. KOLHAGE, CLERK o e sr / Deputy Clerk MONROE COUNTY ATTORNEY ARP • • O FOR • - 0: RT =. SHILLI = R, JR. CHIR j�ST NT Cp�1NT ATTORNEY