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Resolution 249-2012 RESOLUTION NO. 249-2012 -2012 A RESOLUTION AUTHORIZING THE PLANNING AND ENVIRONMENTAL RESOURCES DIRECTOR TO EXTEND THE PERIOD OF EXPIRATION FOR ROGO/NROGO ALLOCATIONS TO ALLOW THE COUNTY TO REVIEW NROGO /ROGO APPLICATIONS FOR IMPACTS TO FEDERALLY LISTED SPECIES CONSISTENT, WITH ORDINANCE 015-2012 UNDER THE PERMIT REFERRAL PROCESS WHEREAS, applicants who receive allocations under the Rate of Growth Ordinance (ROGO) or Non-residential Rate of Growth Ordinance (NROGO) are entitled to sixty (60) days to pick up their building permits pursuant to Monroe County Code Chapter 138; otherwise, the ROGO/NROGO allocation shall expire if the permit is not issued within sixty(60) days; and WHEREAS, the County adopted Ordinance 015-2012 amending Monroe County Code Chapter 122 Floodplain Regulations, which included the creation of Sec. 122-8 for the inclusion of the United States Federal Emergency Management Agency (FEMA) and the United States Fish and Wildlife Service (FWS) required Permit Referral Process; and WHEREAS, Ordinance 015-2012 requires the County to review permits for impacts to federally listed species to ensure compliance with the Federal Endangered Species Act, and to assure mitigation is required for any impact by the permit applicant's plans for development; and WHEREAS, Ordinance 015-2012 became effective September 13, 2012, as a result of the Court lifting the injunction in Florida Key Deer v. Fugate, 90-CV-10037 (the "FEMA. Injunction") pursuant to a settlement in that case; and WHEREAS, some building permits for certain ROGO and NROGO applicants with allocation awards were not issued prior to the effective date of Ordinance 015-2012 and may be required to go through the Permit Referral Process; and WHEREAS, all ROGO and NROGO applications with Planning Commission approval but without an allocation notice from the County are to be reviewed to determine whether they are subject to the Permit Referral Process or require coordination with FWS; and WHEREAS, some applications/permits will be required to go through the Permit Referral Process or will be sent for review and coordination by FWS; and 1 f WHEREAS, the time necessary for the additional review may jeopardize an applicant's ability to 'pick up the building permit within the required sixty. (60) days after the ROGO/NROGO allocation notice; and WHEREAS, it is anticipated that there will be recipients of both residential and non- residential allocations who will need additional time to pick up their building permits because of the Permit Referral Process and additional requirements required. in Ordinance 015-2012; and WHEREAS, Monroe County Code Sec. 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 Board of County Commissioners finds that a time extension is necessary to allow certain ROGO/NROGO applicants more than 60 days to obtain building permits after the allocation award notice to meet the review requirements in Ordinance 015-2012; and WHEREAS, such extension is in the public interest of the citizens of Monroe County in order to maintain fairness in the ROGO/NROGO process; and , WHEREAS, ROGO/NROGO applications which have been reviewed by staff and are not subject to the Permit Referral Process in accordance with Ordinance 015-2012 will not be eligible for the extensions outlined below; and WHEREAS, the permits and allocations which were tolled because they were on the FEMA Injunction List have extensions which are governed by Ordinance 015-2012 and this extension is consistent with Ordinance 015-2012; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Planning & Environmental Resources Director is authorized to grant extensions beyond the sixty (60) days currently allowed for procuring a building permit after notice of allocation award, as provided in Monroe County Code Sections 138-25(f) and 138-52(g), if the site is subject to the Permit Referral Process to persons receiving a ROGO or NROGO allocation and is hereby authorized to notify applicants of the available extensions. Section 2. Applicants awarded a ROGO/NROGO allocation by the, Planning!_ Commission prior to September 13, 2012, who have not been issued an allocation notice will have their applications reviewed by staff. a. Applicants whose applications are determined to be required to go through the Permit Referral Process because the properties are identified within the Species_ Focus Area Maps, shall have: 180 days from notice of allocation to pick up the building permits. b. Applicants whose applications are required to go through the Permit Referral Process shall have 300 days after notice of allocation to pick up the building 2 permits if they are, required to redesign an onsite wastewater treatment system to receive a permit from the Department of Health. c. Applicants who are required to coordinate with FWS shall have a total of 360 days from allocation notice to conclude the required coordination with.FWS and pick up the building permit, and receive a notice to proceed from Monroe County. This time frame may be extended by the Planning & Environmental Resources Director if the applicant can affirmatively demonstrate that he has timely and actively sought coordination. Section 3. Applicants awarded a ROGO/NROGO allocation prior to September 13, 2012, who have been issued their allocation notices but have not picked up a building permit, will have their applications reviewed by staff.. a. Applicants whose applications are determined to be required to go through the Permit Referral Process because the properties are identified within the Species Focus Area Maps, have 180 days from a county issued notice to pick up the building permits. b. Applicants whose applications are required to go through the Permit Referral Process shall have 300 days from a county issued notice to pick up the building permits if they are required to redesign an onsite wastewater treatment system to receive a permit from the Department of Health. c. Applicants who are required to coordinate with FWS shall have a total of 360 days from a county issued notice to conclude the required coordination with FWS and pick up the building permit, and receive a notice to proceed from Monroe County. This time frame may be extended" by the Planning & Environmental Resources Director if the applicant can affirmatively demonstrate that he has timely and actively sought coordination. Section.4. Applicants who received a ROGO /NROGO allocation prior to September 13, 2012, who have received an extension pursuant to Board of County Commissioner Resolution. 031-2011 to redesign an onsite wastewater treatment system to receive a permit from DOH will have their applications reviewed by staff. Applicants, whose applications are determined to be required-to go through the Permit Referral Process because the properties are identified within the Species ;Focus Area Maps, shall have an additional 180 days from the current ROGO/NROGO expiration date to pick up the building permits. Applicants who are required to coordinate with FWS shall have a total of 300 days from the current expiration date to conclude the required coordination with FWS and pick up the building permit, and receive a notice to proceed from Monroe County. This time frame may be extended by the Planning & Environmental Resources Director if the applicant can affirmatively demonstrate that he has timely and actively sought coordination. Section 5. Applicants whose properties are not identified within the Species Focus Area Maps and after county staff review are not subject to the Permit Referral Process or coordination with FWS may still apply for an extension of time in order to redesign an onsite wastewater treatment system to receive a permit from DOH pursuant to Board of County Commissioners Resolution 031-2011. Section 6. Applications which have been accepted into and are competing, in ROGO/NROGO will retain their date, time, and points on the application; however, after 3 Pry county staff review, the applications will be processed through the Permit Referral Process if required, while they compete for ROGO/NROGO allocation awards. A building permit cannot be issued until the Permit Referral Process pursuant to the requirements of Ordinance 015-2012 is completed. Section 7. In the event there are other categories concerning ROGO/NROGO applications/permits required to go through the Permit Referral Process, which are not specifically referenced herein, the Planning & Environmental Resources Director has the authority to grant similar time extensions related to Ordinance 015-2012. Section 8. Previously tolled allocations and permits are governed by the provisions of Ordinance 015-2012. Section 9. Parcels with allocation awards for ROGO/NROGO which are not identified within the Species Focus Area Maps or Federally Protected Species Area Real Estate List which do not have to go through the Permit Referral Process including applicants who are not required to redesign an onsite wastewater treatment system will remain subject to the 60 day expiration of an allocation award pursuant to Monroe County Code Sections 138-25(f) and 138-52(g). Section 10. All other persons whose allocation award expired prior to September 13, 2012 remain expired. Section 11. All other persons whose applications have been reviewed for the Permit Referral Process in accordance with Ordinance 015-2012 will not be eligible for these extensions. Section 12. Extensions of time granted to applicants granted an allocation who are required to revise their building plans to be consistent with the Florida Building Code (FBC) shall run concurrently with the time extensions herein. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of September, 2012. Mayor David Rice Yes Mayor pro tem Kim Wigington Yes r ra -Ti _. Commissioner Heather Carruthers Yes �-r � I- ----_-- Commissioner George Neugent Yes = ` ® o Commissioner Sylvia Murphy Yes rn-!.,._.. I Q .',y .t,. a BOARD OF COUNTY COMMISSIONERS --=-- ., -' ,tJ `y::; ;''' ®' OF MONROE C• ► ,, i-Le = . —j(- -�- .�' cr--►) fi-w" ` '` A, BY: d. r' o �t_ -- '` _! ' - -r Mayor David Rice � Y� (SEAL). _3 = o A S:T: D' N_NYh' KOLHAGE, CLERK MONROE COUNTY ATTORNEY Deputy Clerk Q PPROVED AS Tp ISM: 9",�---7. w STEVEN T. WILLIAMS 4 ASSISTANT CO),INTY ATTORNEY Date 9/02//ice.