Resolution 362-2012 RESOLUTION NO. 362 -2012
A RESOLUTION REPLACING RESOLUTION 249 -2012;
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 AND ORDINANCE 024 -2012 REQUIRING PROPOSED
DEVELOPMENT TO MEET THE CURRENT BUILDING CODE
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 building 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
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WHEREAS, the time necessary for the additional review may jeopardize an applicant's
ability to pick up the building permit within the required sixty 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 required in Ordinance 015 -2012; and
WHEREAS, the Monroe County Board of County Commissioners passed Ordinance
024 -2012 on September 21, 2012 requiring that any building permit issued after a
ROGO/ NROGO allocation was made must comply with the current Florida Building
Code; and
WHEREAS, the requirements for building permit review under Ordinance 015 -2012
and Ordinance 024 -2012 necessitate additional time for applicants to comply with
conditions to pick up building permits; and
WHEREAS, Resolution No. 249 -2012 allowed certain time extensions for recent
allocations consistent with Ordinance 015 -2012 for ROGO /NROGO allocations; 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 is unable to notify persons with allocations prior to the
deadline prescribed in HB 503 for requesting an extension of building permits in order
to meet their obligations under under the permit referral process required by the United
Sates Fish and Wildlife Service and the requirement to have building plans or revisions
to the current Florida Building Code before the issuance of a building permit; 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 permits and allocations which were tolled because they were on the
FEMA Injunction List are being extended by ordinance amending the Monroe County
Code enacted contemporaneously with this resolution, and this resolution is consistent
with said ordinance; 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 Ordinance 024 -2012; and
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WHEREAS, there are approximately 225 allocations without issued building permits,
potentially needing permit 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
Tight of economic conditions and in order to provide an orderly process for staff to follow
in order to maintain fairness in the ROGO /NROGO process;
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 or other requirements
for new building plans or coordination with other state or federal agencies to persons
receiving a ROGO or NROGO allocation. The Planning and Environmental Resources
Director is hereby authorized to notify applicants of the extensions.
Section 2. Applicants awarded a ROGO /NROGO allocation by the Planning
Commission for the second half of Year 20 (NROGO), the last quarter of Year 20
(ROGO) and the first quarter Year 21 (ROGO) shall be granted two years from the date
of the written notice of their ROGO /NROGO allocation to pick up their building permits.
This two year period runs concurrently with any other extensions and includes but is not
limited to the time to complete the permit referral process, other state or federal agency
coordination and to provide building plans which are compliant with the current building
code. The ROGO /NROGO allocation shall expire at the end of the two year period
specified in the notice. This time frame may be extended by the Director of the Planning
& Environmental Resources Department if the applicant can affirmatively demonstrate
that he has timely and actively sought coordination.
Section 3. Applications which have been accepted into and are competing in
ROGO /NROGO will retain their date, time, and points on the application; however, after
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 4. Persons with unexpired allocation awards as of September 13, 2012, the
date the FEMA Inunction was lifted affecting approximately 300 permits and allocations
to be reviewed by staff, have two years from a county issued notice to pick up their
permits. This two year period runs concurrently with any other extensions and includes
but is not limited to the time to complete the permit referral process, other state or
federal agency coordination and revision of building plans. The ROGO /NROGO
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allocation shall expire at the end of the two year period specified in the notice. 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. In the event there are other similar categories of ROGO /NROGO
applications /permits required to go through the Permit Referral Process or other review
and coordination, which are not specifically referenced herein, the Planning &
Environmental Resources Director has the authority to grant similar time extensions.
Section 6 . Previously tolled allocations and permits for properties formerly on the
FEMA injunction list are not governed by this resolution, but are provided for in the
Monroe County Code.
Section 7. All other persons whose allocation awards expired prior to September 13,
2012, the date of the lifting of the FEMA injunction, remain expired.
Section 8. All extensions of time granted to applicants with allocations who are
required to revise their building plans to be consistent with the Florida Building Code
shall run concurrently with the time extensions herein.
Section 9. This resolution supersedes Resolution 249 -2012.
COP
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PASSED AND ADOPTED by the Board of County Commissioners of Moru,ie courtly, °
Florida at a regular meeting held on the 20th day of November , 29912. —
Mayor George Neugent Yes 3 rTrn
Mayor pro tem Heather Carruthers Yes -; Fro
Commissioner Danny Rolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
;,. BY:
Y*1.6.44501.9,
ayor George Neugent
(SEAt} DANNY -13-7-- ; - 6L
ST: a HEAVILY , CLERK AD INTERIM
Deputy Jerk
November 8 2012 for BOCC Dec 12
Date: