Ordinance 038-2012 November 20, 2012
ORDINANCE NO. 038 -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING CHAPTER 6 BUILDINGS AND
CONSTRUCTION TO PROVIDE FOR A PERIOD OF TWO YEARS TO
OBTAIN BUILDING PERMITS FOR OWNERS OF PARCELS
PREVIOUSLY ON THE FEMA INJUNCTION LIST WITH
ALLOCATIONS WHICH WERE TOLLED AT THE TIME OF THE
LIFTING OF THE FEMA INJUNCTION; REQUIRING OWNERS OF
PARCELS WITH BUILDING PERMITS WHICH WERE TOLLED AT
THE TIME OF THE LIFTING OF THE FEMA INJUNCTION TO
COMMENCE OR RECOMMENCE DEVELOPMENT WITHIN TWO
YEARS ; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and the
Defenders of Wildlife filed suit against the Federal Emergency Management Agency (FEMA)
claiming FEMA was not consulting with the U.S. Fish and Wildlife Service (FWS or Service) as
required by the Endangered Species Act in its administration of the National Flood Insurance
Program (NFIP) in Monroe County, Florida, currently captioned Florida Key Deer v. Fugate,
90 -CV- 10037; and
WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA from
issuing flood insurance under the NFIP on any new residential or commercial developments in
suitable habitats of federally listed (threatened or endangered) species in the Keys (the "FEMA
Injunction "); and
WHEREAS, subject to Monroe County Board of County Commissioners Resolutions 420 -2005;
166 -2006; 185 -2007; 219 -2008 and 282 -2011, property owners were able to "toll" their building
permits and NROGO/ROGO allocations because they were not eligible for flood insurance as a
result of the FEMA Injunction; and
WHEREAS, the settlement between the parties to the litigation required FEMA and FWS to
implement Reasonable and Prudent Alternatives which involved requirements regulating Monroe
County in its implementation of the Endangered Species Act; and
WHEREAS, this implementation included a Permit Referral Process before a building permit
was issued; and
WHEREAS, the County adopted Ordinance 015 -2012 amending Monroe County Code Chapter
122 Floodplain Regulations, which included the creation of Monroe County Code Sec. 122 -8 for
Nov82012
November 20, 2012
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, and permit
applications 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, less than three months
ago, as a result of the Court lifting the FEMA Injunction pursuant to a settlement in Florida Key
Deer v. Fugate, 90 -CV- 10037; and
WHEREAS, some building permit applications and building permits will be required to go
through the Permit Referral Process or will be sent for review and coordination with FWS; and
WHEREAS, Monroe County Code Section 122 -8 as enacted in Ordinance 015 -2012
prescribes certain other extended timeframes within which persons with tolled allocations
and building permits must either pick up their building permits after receiving an
allocation or recommence development under an issued permit and receive a passed
inspection; and
WHEREAS, Section 122 -8 of the Monroe County Code provides that county staff will review
the allocations and permits previously tolled and provide written notification to the holder
of an allocation or permit as to whether the holder has 180, 300 or 360 days to go through
the permit referral process as described in Monroe County Code Section 122 -8 depending
on what review and coordination is required; and,
WHEREAS, Ordinance 024 -2012 enacted on September 21, 2012, requires that persons
with building plans which have become non - compliant with the current Florida Building
Code since their building permit applications were submitted and allocations made must
have revised plans which are compliant with the current building code; and
WHEREAS, some owners with tolled allocations and permits may need new building plans
to be compliant with the Florida Building Code, further extending the date by which a
building permit can be issued or development commenced; and
WHEREAS, the Florida State Legislature in HB 503, Laws of Florida Ch. 2012 -205, (HB 503)
authorized extensions of up to two years for building permits expiring between January 1,
2012 and January 1, 2014 if notice of the extension was submitted by the holder of the
permit by December 31, 2012 to the issuing agency; and
WHEREAS, County staff cannot process and notify the persons with tolled allocations and
tolled permits in time for owners to comply with the recently enacted permit process
requirements and also notify the county of their use of the legislative extension authorized
by HB 503 by December 31, 2012; and
Nov 8 2012
November 20, 2012
WHEREAS, there are more than 240 permits and allocations affected by the lifting of the FEMA
Injunction which may need extensions and a total of over 300 permits and allocations potentially
needing extensions by December 31, 2012, which cannot be processed timely or with any fair
methodology to give those people affected an opportunity to use the extension provisions of HB
503; and
WHEREAS, such extension is in the public interest of the citizens of Monroe County in light
of economic conditions and in order to provide an orderly process for staff to follow and
for those persons with tolled allocations to receive permits and people with building
permits to commence or continue development ; and
WHEREAS, this ordinance is being adopted to provide owners with tolled building permits
and /or ROGO /NROGO allocations a way to develop in a manner consistent with the
Endangered Species Act and be eligible for national flood insurance, to comply with other
requirements such as those for the Florida State Department of Health and in the current
Florida Building Code, and to provide a time extension consistent with HB 503 and its
intent; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 6 -114 of the Monroe County Land Development Code shall be created as
follows:
Sec. 6 -114. Permit issuance for previously tolled Rate of Growth Ordinance (ROGO)
allocations, Non - Residential Rate of Growth Ordinance (NROGO) allocations, and
building permits/Floodplain Development Permits.
In the spirit and intent of HB 503, Chapter 2012 -205 Laws of Florida, and instead of and
notwithstanding the time limits provided in Sec. 6 -102 and Sec. 122 -8 of this code, allocations
which were issued under Chapter 138 and building permits which were issued pursuant to
Chapter 6 of this code, both of which were tolled by Monroe County Resolutions 420 -2005,
166 -2006, 185 -2007, 219 -2008 and 282 -2011 as a result of the injunction prohibiting FEMA
from issuing flood insurance, are governed by this section.
In order to receive a building permit, commence or recommence development, to be eligible for
Federal flood insurance and meet their obligations under the Federal Endangered Species Act,
persons whose allocations were tolled or whose building permits were tolled must comply with
the following requirements;
a. Owners with allocations have two years from the date of a County issued
written notice to pick up their building permits, or the allocation will expire. Prior
to issuance of and picking up the building permit, owners with allocations shall do
the following:
i. Go through the permit referral process.
ii. Coordinate with other state or federal agencies
Nov 8 2012
f
1
November 20, 2012
iii. Bring building plans into compliance with the current
Florida Building Code.
iv. Any other task or activity required to comply with
requirements to obtain a building permit.
This timeframe may be recommended for extension by the Planning Director and extended by
the building official for 180 days at a time if the applicant can affirmatively demonstrate that he
has timely and actively sought coordination.
b. Owners with building permits have two years from the date of a County
issued written notice to commence or recommence development, or the
building permit will expire. Prior to commencing or recommencing
development, owners with building permits shall do the following:
i. Go through the permit referral process.
ii. Coordinate with other state or federal agencies
iii. Bring building plans into compliance with the current
Florida Building Code.
iv. Any other task or activity required to comply with
requirements to obtain a building permit.
This timeframe may be recommended for extension by the Planning Director and extended by
the building official for 180 days at a time if the applicant can affirmatively demonstrate that he
has timely and actively sought coordination.
The time limits specified above are to run concurrently with any other extensions including but
not limited to those provided by the Monroe County Code, and Florida law or statute.
Section 2 . Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state or county law, rule, code or regulation, the interpretation which
most closely implements the intent of the Board of County Commissioners shall be used, unless
this ordinance is otherwise preempted.
Section 4. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, and
shall be effective as provided by law.
Nov 8 2012
November 20, 2012
Section 5. Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately
numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 20 day of November, 2012.
Mayor George Neugent Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
Commissioner Danny Kolhage Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY: / z Y
Mayor George Neugent
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(SEAL)
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ATTEST: Danny L. Kolhage, Clerk Amy Heavilin, Clerk Ad Interim o
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Deputy Clerk
MONROE COUNTY ATTORNEY
PROVED; S/'T• -NAM:
t-'t ��./�U -a fit.
SUSAN M. G LEY
ASSIST NT OUN TTORNEY
Nov 8 2012
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MONROE COUNTY COURTHOUSE �bcouN�y BRANCH OFFICE:
500 WHI TF.HEAD SiREEi, SUITE 101 Po
Q P PL ANTATION KEY
KEY WEST, FLORIDA 33040 �' �� a ' ; GOVERNMENT CENIER
TEL. (305) 294 -4641 * i i 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 r o •, W> IU ; o Q i
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‘‘e ZZ" TEL. (305) 852 -7145
BRANCH OFFICE: FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BL'ILDING
MARATHON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -6025 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
December 11, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 1010 0003 4990 5064
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance 038 -2012 amending Chapter 6
Buildings and Construction to provide for a period of two years to obtain building permits for
owners of parcels previously on the FEMA Injunction List with allocations or building permits
which were "tolled" according to Resolutions 420 -2005, 166 -2006, 185 -2007, 219 -2008 and
282 -2011, at the time of lifting of the FEMA Injunction; requiring owners of parcels with
allocations to obtain their building permits within 2 years and requiring owners of parcels with
building permits which were tolled at the time of lifting of the FEMA Injunction to commence or
recommence development within two years from written notice by county, consistent with
HB503 which authorized building permit extensions for two years.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on November 20, 2012. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin
Clerk of the Circuit Court Ad Interim
and ex officio Clerk Ad Interim to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e -mail
File✓
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Certified Fee $2.95
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Restricted Delivery Fee
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City, State, gettafizsselr
PS Form 3800, August 2006 See Reverse for Instructions
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• Complete items 1, 2, and 3. Also complete A. Signature
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or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes
Program Administrator If YES, enter delivery address below: ❑ No
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399 -0250
3. S9rvice Type
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(Transfer from service label)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 17, 2012
Honorable Amy Heavilin
i
Interim Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated December 11, 2012 and certified copy of Monroe County Ordinance No. 038 -2012, which was filed in this office on December 14, 2012.
Sincerely,
1.. uirjA
Liz Cloud
Program Administrator
LC /elr ,
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
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� KEYCPWEST STATE OF FLORIDA
Ma Florida Kayo Only Daily N.wapapw Est 1878 COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on
Key West Fl 33041 oath says that he is Advertising Director of the Key West Citizen, a daily
Office 305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension...x219 attached copy of advertisement, being a legal notice in the matter of
Fax 305-295-8025 _.. �I �,
IegalsCa?kevsnews,com 0 e C' .,1-,�:�..e,A Oji off 02.i)mAice
INTERNET PUBLISHING Q��A)61 A C'y1_ f c
keywest.com 1 I �
keysnews.com
floridakeys.com
key-west.com was published in said newspaper in the issue(s) of
Web Design Services
ll ovef.\\eJL 3( 201Z.
NEWSPAPERS
The Citizen
Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in
Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has
Big Pine Free Press
Marathon Free Press heretofore been continuously published in said Monroe County, Florida every
Islamorada Free Press day, and has been entered as second-class mail matter at the post office in Key
Key Largo Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding
MARKETING SERVICES the first publication of the attached copy of advertisement; and affiant further
Commercial Printing
Citizen Locals Card says that he has neither paid nor promised any person, firm or corporation any
Direct Mail discount, rebate, commission or refund for he purpos o curing this
FLORIDA KEYS OFFICES advertisement for publication in the said newspa.er.
Printing/Main Facility
3420 Northside Drive
Key West,FL
. 33040-1800
Tel 305-292-7777
Fax 305-294-0768 igri Lure of Affiant
citizen@keywest.com
Internet Division 33040-3328 Sworn and subscribed before me this 3 day of /U() i3dZ -2Ol2
VO-j
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Notary Public: qSTATE
QVt DAWN KAWZINSKY
Upper Keys Office NOTARY PUBLIC
91731 Overseas Hwy \_1( OF FLORIDA
Tavernier,FL 33070Comm#EE157233
Tel 305-853-7277 191® Expires 1/4/2016
Fax 305-853-0556
freepress@floridakeys.com
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
• ' o5 s7
Pursuant to-Section 286.0105; `
NOTICE OF INTENTION TO Florida Statutes,notice is given.'
CONSIDER ADOPTION OF that if a person decides to appeal
CO• UNTY ORDINANCE any decision-made by the Board
NOTICE IS HEREBY GIVEN TO
- ' ' with respect to any matter, ,
considered at such hearings or
. WHOM IT MAY CONCERN that: a meetings,he willu need a record of
. onat 30 sday,November 20,20123., the proceedings,and that,for such
at 3:00 be heard,or at the M ereafter,
purpoe,he may need to,ensure
as may be , the Murray E. that a verbatim record of the
Nelson Auditorium, 102050 proceedings is made,which
`overseas Highway,Key Largo, '. rd
Florida,the Board of County rececord the testimony and
to t
Commissioners Monroe County;
Florida,intends to consider the 1 evidence upon which the appeal isto be based.
' adoption of the following,County
Ordinance: ADA ASSISTANCE:If you-are a
person with a disability Who needs
AN ORDINANCE BY THE i special accorrimodatidns in order .
MONROE COUNTY BOARD OF . so a iai acco in this proceeding,ord
COUNTY COMMISSIONERS please contac` t the °unty
AMENDING CHAPTER 6 Administrator's Office,by•phoning
BUILDINGS AND 94w
CONSTRUCTION TO PROVIDE ' 305 hours 2 92-44a.m.1,between
-5:00 een the .-
•
of 8:30
p.m
no
FORA PERIOD OF TWO YEARS, later than ten(10)calendar days
TO OBTAIN BUILDING PERMITS' prior to thenscheduled(10) g;if
FOR OWNERS OF PARCELS- . you'are hearing or voidem impaired,
PREVIOUSLY ON THE FEMA � call"711" '
• INJUNCTION LIST WITH
ALLOCATIONS WHICH WERE gated at.Marathon;=Florida,-this—
TOLLED AT THE TIME OF THE ', 15t day of November,2012:. _
LIFTING OF THE FEPJIA
INJUNCTION.REQUIRING.BUILDING PERMITSWITH DANNY L.KOLHAGE,Clerk of the
OWNERS OF PARCELSCircuit Court and ex officio Clerk
WHICH ' '� `
/ WERE TOLLED ATTHETIME OF the, of County
THE LIFTING OF THE FEMA .I Commissioners my .. •:. County,
INJUNCTION TO COMMENCE Florida
OR RECOMMENCE
DEVELOPMENT WITHIN TWO November 3,3012
YEARS;PROVIDING FOR '! - _- -
REPEAL OF CONFLICTING
• ' PROVISIONS;PROVIDING FOR
TRANSMITTAL TO THE STATE
• LAND PLANNING AGENCY AND _�
THE SECRETARY OF STATE; _
PROVIDING FOR r,, r--)
CpptFTC Al!UN;1 UVlUI" -1 i fi t.
FOR AN EFFECTIVE DATE. . •)`_,1._,-' -