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Resolution 118-20151 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 118 - 2015 A RESOLUTION AMENDING RESOLUTION 183 -2013, THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE; AMENDING THE FEE SCHEDULE TO ESTABLISH FEES FOR THE TEMPORARY CONSTRUCTION STAGING APPLICATIONS; ESTABLISH FEES FOR THE VACATION RENTAL EXEMPTION APPLICATIONS; ESTABLISH FEES FOR THE LETTER OF UNDERSTANDING FOR NEW ANTENNA SUPPORTING STRUCTURES APPLICATIONS; CONSOLIDATE THE LAND USE DISTRICT MAP AMENDMENT APPLICATIONS AND FEES; AND TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH. WHEREAS, the Monroe County Board of County Commissioners wishes to provide the citizens of the County with the best possible service in the most cost effective and reasonable manner; and WHEREAS, the Board finds that it would be in the best interests of the general public to charge the true cost for such services, thereby placing the burden of such costs directly upon those parties deriving the benefit from such services; and WHEREAS, the updated fee schedule prepared by the Growth Management Director for providing these services includes the estimated direct costs and reasonable indirect costs associated with the review and processing of planning and development approval applications and site plans, on -site biological reviews, appeals, preparation of official documentation verifying existing development rights and other processes and services; and WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate the county for resources needed in excess of the fee estimates included in the base fees; and WHEREAS, applicants for development review should pay the cost of the review, rather than those funds coming from other sources; and WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 15, 2015; Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 1 of 6 I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY FLORIDA: 3 4 Section 1. 5 6 Pursuant to Section 102 - 19(9), the following schedule of fees to be charged by the Growth 7 Management Division for its services, including but not limited to the filing of land 8 development permit applications, land development approvals, land development orders, and 9 appeal applications, and requests for technical services or official letters attesting to 10 development rights recognized by the County shall be implemented as provided below.: The 11 fees established shall generally be nonrefundable; provided, however, the Growth 12 Management Division Director may approve a refund of up to 50 percent of the fee upon 13 good cause shown by the applicant and the finding that the refund will not result in Growth 14 Management Division staff time costs or material costs already expended going 15 unreimbursed. 16 17 Administrative Appeals ................ ............................... ......................$1,500.00 18 Administrative Relief ............ ............................... ......................$1,011.00 19 Alcoholic Beverage Special Use Permit ...................... ......................$1,264.00 20 Appeal ROGO or NROGO to BOCC ......................... ........................$816.00 21 Beneficial Use .......................................... ............................... $4,490.00 22 Biological Site Visit (per visit) .. ............................... ........................$280.00 23 Biologist Fee (Miscellaneous -per hour) ....................... .........................$60.00 24 Boundary Determination .............................. ............................... $1,201.00 25 Comprehensive Plan, Text Amendment ...................... ......................$5,531.00 26 Comprehensive Plan, Future Land Use Map (FLUM) Amendment ............ $5,531.00 27 Conditional Use, Major, New / Amendment ................. .....................$10,014.00 28 Conditional Use, Minor, New / Amendment ......... ............................... $8,484.00 29 Conditional Use, Minor, Transfer Development Rights (TDR ) .....................$1,239.00 30 Conditional Use, Minor, Transfer Nonresidential Floor Area (TRE) .......... $1,944.00 31 Conditional Use, Minor, Transfer ROGO Exemption (TRE ) ....................$1,740.00 32 Conditional Use, Minor/Major, Minor Deviation ........... ......................$1,768.00 33 Conditional Use, Minor/Major, Major Deviation ........... ......................$3,500.00 34 Conditional Use, Minor/Major, Time Extension ............ ........................$986.00 35 Department of Administrative Hearings (DOAH) Appeals ........................$816.00 36 Development Agreement ........ ............................... .....................$12,900.00 37 Development of Regional Impact (DRI) ..................... .....................$28,876.00 38 Dock Length Special Exception .... ............................... ......................$1,026.00 39 Front Yard Setback Waiver, Administrative ................. ......................$1,248.00 40 Grant of Conservation Easement ............................... ........................$269.00 41 Home Occupation Special Use Permit ........................ ........................$498.00 42 Inclusionary Housing Exemption .............................. ........................$900.00 43 Land Development Code, Text Amendment ................. ......................$5,041.00 44 Land Use District Map, Amendment ................ ............................... $4,929.00 45 Letter of Current Site Conditions .............................. ........................$936.00 46 Letter of Development Rights Determination ............... ......................$2,209.00 Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 2 of 6 I Letter of ROGO Exemption ..... ............................... ........................$215.00 2 NROGO Application - up to 10,000 SF ...................... ........................$920.00 3 NROGO Application - 10,001 - 50,000 SF ................... ......................$1,261.00 4 NROGO Application - 50,001 SF or greater ................ ......................$1,543.00 5 Planning Fee (Miscellaneous -per hour) ................ ............................... $50.00 6 Parking Agreement .................. ............................... ......................$1,013.00 7 Planning Site Visit ............... ............................... ........................$129.00 8 Platting, 5 lots or less ............ ............................... ......................$4,017.00 9 Platting, 6 lots or more ........... ............................... ......................$4,613.00 10 Pre - application with Letter of Understanding ........ ............................... $689.00 11 Pre - application with Letter of Understanding only identifying the status of a 12 nonconforming use ............... ............................... ........................$250.00 13 Pre - application with No Letter of Understanding ........... ........................$296.00 14 Pre - application with Letter of Understanding for new antenna- supporting 15 structure ............................ ............................... ........................$671.00 16 Preliminary Endangered Species Impact Assessment (SAG) ..................... $140.00 17 Public Assembly Permit ......... ............................... ........................$149.00 18 Dog in Restaurant Permit ........ ............................... ........................$150.00 19 Research, permits and records (per hour) ..................... .........................$50.00 20 Road Abandonment .................. ............................... ......................$1,533.00 21 ROGO Application ................ ............................... ........................$748.00 22 ROGO Lot/Parcel Dedication Letter ........................... ........................$236.00 23 Legislative Time Extension for Development Orders / Permits ...................$250.00 24 Special Approval for Shoreline Setback deviations 25 (3 or fewer dwelling units, Sec. 118 - 12(0)(2)) .............. ......................$1,152.00 26 Special Certificate of Appropriateness ............................ ........................$200.00 27 Temporary Construction Staging Areas ....................... ........................$529.00 28 Tier Map Amendment —Other than IS/URM Platted Lot .... ......................$4,131.00 29 Tier Map Amendment— IS/URM Platted Lot Only ........... ......................$1,600.00 30 Vacation Rental Exemption (pursuant to Sec. 134- 1(b)) .... ........................$180.00 31 Vacation Rental Permit ( Initial) ...... ............................... ........................$493.00 32 Vacation Rental ( Renewal) ....... ............................... ........................$100.00 33 Vacation Rental Manager License ............................. ........................$106.00 34 Variance, Planning Commission, Signage .................... ......................$1,076.00 35 Variance, Planning Commission, Other than Signage ...... ......................$1,608.00 36 Variance, Administrative ........ ............................... ......................$1,248.00 37 Vested Rights Determination ... ............................... ......................$2,248.00 38 Wetlands Delineation (per hour) ............................... .........................$60.00 39 40 Growth Management applications may be subject to the following additional fees or 41 requirements: 42 43 1. For any application that requires a public hearing(s) and /or surrounding property 44 owner notification, advertising and/or notice fees; $245 for newspaper advertisement 45 and $3 per property owner notice. 46 Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 3 of 6 1 2. There shall be no application or other fees, except advertising and noticing fees, for 2 affordable housing projects, except that all applicable fees shall be charged for 3 applications for all development approvals required for any development under Sec. 4 130 -161.1 of the Monroe County Code and for applications for variances to setback, 5 landscaping and/or off - street parking regulations associated with an affordable 6 housing development. 8 3. There shall be no application or other fees, except advertising and noticing fees, for 9 property owners who apply for a map amendment to the official LUD map and/or the 10 official FLUM, if the property owner can provide satisfactory evidence that a 11 currently existing use on the site that also existed lawfully in 1992 was deemed 12 nonconforming by final adoption of the LUD map and/or a currently existing use on 13 the site that also existed lawfully on the site in 1997 was deemed nonconforming by 14 final adoption of the FLUM. To qualify for the fee exemption, the applicant must 15 apply for a LUD and/or FLUM designation(s) that would eliminate the non- 16 conforming use created with adoption of the existing designation(s) and not create an 17 adverse impact to the community. Prior to submittal of a map amendment 18 application, the applicant must provide the evidence supporting the change and 19 application for a fee exemption with the proposed LUD map/FLUM designations to 20 the Monroe County Planning & Environmental Resources Department as part of an 21 application for a Letter of Understanding. Following a review, the Director of 22 Planning & Environmental Resources shall determine if the information and evidence 23 is sufficient, and whether the proposed LUD map and/or FLUM designations are 24 acceptable for the fee waiver, and approve or deny the fee exemption request. This 25 fee waiver Letter of Understanding shall not obligate the staff to recommend approval 26 or denial of the proposed LUD or FLUM Category. 27 28 4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses 29 of any hearing officer. The County is currently charged $142.00 per hour by 30 Department of Administrative Hearings (DOAH). If the fee charged to the County is 31 increased, the charge will change proportionately. An estimated amount of one -half 32 of the hearing officer costs as determined by the County Attorney shall be deposited 33 by the applicant along with the application fee, and shall be returned to the applicant 34 if unused. 35 36 5. Base fees listed above include a minimum of (when applicable) two internal staff 37 meetings with applicants; one Development Review Committee meeting, one 38 Planning Commission public hearing; and one Board of County Commission public 39 hearing. If this minimum number of meetings /hearings is exceeded, the following 40 fees shall be charged and paid prior to the private development application 41 proceeding through public hearings: 42 43 a. Additional internal staff meeting with applicant ....................$500.00 44 b. Additional Development Review Committee public hearing.....$600.00 45 c. Additional Planning Commission public hearing ...................$700.00 46 d. Additional Board of County Commissioners public hearing ...... $850.00 Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 The Director of Growth Management or designee shall assure these additional fees are paid prior to hearing scheduling. These fees apply to all applications filed after September 15, 2010. 6. Applicants for Administrative Appeal, who prevail after all appeals have been decided or where the appeal period(s) has expired, shall have the Administrative Appeal application fee refunded. A full refund does not require approval by the Board of County Commissioners; however, if the appellant only prevails on a portion of their appeal, the Board of County Commissioners shall determine the amount of the refund. 7. Concerning the application fees to amend the tier maps, the lesser application fee of $1,600.00 is only available for applications to amend the tier designation of a single URM or IS platted lot. It may not be used to amend the designation of more than one parcel. 8. Applicants for any processes listed above that are required to provide transportation studies related to their development impacts shall be required to deposit a fee of $5,000 into an escrow account to cover the cost of experts hired by the Growth Management Division to review the transportation and other related studies submitted by the applicant as part of the development review process or any map or text amendment submitted by a private applicant. Any unused funds deposited by the applicant will be returned upon permit or amendment approval. Monroe County shall obtain an estimate from the consultant they intend to hire to review the transportation study for accuracy and methodology and if the cost for the review on behalf of Monroe County is higher than the $5000, applicant shall remit the estimated amount. Any unused funds deposited by the applicant will be returned upon permit approval. Section 2. Any other fees schedules or provisions of the Monroe County Code inconsistent herewith are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 15 of April, 2015. Mayor Danny L. Kolhage Yes Mayor pro tem Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: T�A - - i May a L. Kolhage o. 17 04 � 1 � H YH 18 19 Deputy HEAVILIN, CLERK MONROE COUNTY ATTORNEY P ROVED A>�O FORM: - 1,..� STEVEN T. WILLIAMS ASSISTANT C ATTORNEY Date 3 laic /i5 Planning & Environmental Resources Department Fee Schedule (Revised April 2015) Page 6 of 6