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Item J4BOARD OF COUNTYCOMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19 ?011 Division: Growth Mana ement Bulk Item: Yes X No Department: Planning and Env. Resources Staff Contact/Phone #: Tiffanv Stankiewicz 289-2513 AGENDA ITEM WORMING: Approval of a resolution authorizing the Growth Management Division Director to extend the period of expiration for ROGOINROGO allocations for a period of up to six months to allow building permit revisions for onsite sewage treatment and disposal systems consistent with Senate Bill 550 (Chapter 2010-205 F.S.) or for sewer availability if service connection would be made available to the subject property and authorizing the issuance of building permits where central sewer service will be available within six months. ITEM BACKGROUND: Chapter 2010-205 Laws of Florida extended the time for residents to hook up to central sewer or meet new standards for sewage treatment to December 31, 2015. This law also requires stricter standards for new, modified and repaired onsite sewage treatment and disposal systems (OSTDS) beginning July 1, 2010. This law requires that building permit applications be revised to meet the new standards before a Department of Health (DOH) approval is given. Monroe County Code states that a ROGOINROGO allocation award shall expire if its corresponding building permit is not picked up within 60 days of notification of the award. Due to the length of time necessary for engineered revisions to update the plans for the OSTDS, approval from DOH and submission to the building department for approval of the building permit, an extension of time may be necessary to pick up a building permit. The new standards from DOH impose additional cost from the property owner to have a system designed to the new requirements. Therefore, if a proposed site for development will have sewer service available in a reasonable time frame then the property owner should not have to incur the additional expenditures for OSTDS. Section 13 S-26 authorizes the BOCC to extend the 60 day ROGO/NROGO expiration period if the extension is in the public interest. This resolution also authorizes issuance of a building permit if a letter of coordination from a central sewer service is provided indicating that service will be available within six months. PREVIOUS RELEVANT BOCC ACTION: August 18, 201 o-BOCC Resolution 245-2010 extended dates to pick up allocation awards made for Quarters 3 and 4, Year 18 (ending July 12, 2010) CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA INDIRECT COST. - DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: BUDGETED: Yes No REVENUE PRODUCING.- Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOC U M ENTAT ION: Included X Not .Required DISPOSITION: AGENDA ITEM # Revised 2i 09 RESOLUTION NOV -2011 A RESOLUTION AUTHORIZING THE GROWTH MANAGEMENT DIVISION DIRECTOR TO EXTEND THE PERIOD OF EXPIRATION FOR ROGOINROGO ALLOCATIONS TO ALLOW BUILDING PERMIT REVISIONS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS OR FOR ANTICIPATED CENTRAL SEWER SERVICE AVAILABILITY AND AUTHORIZING THE ISSUANCE OF BUILDING PERMITS WHERE CENTRAL SEWER SERVICE WILL BE AVAILABLE WITHIN SIC MONTHS WHEREAS, amendments enacted by Senate Bill 550 (Chapter 2010-205 Laws of Florida) became effective July 1, 2010 which extended the time for Monroe county to construct centralized sewer and for residents to hook up to central sewer or meet new standards for sewage treatment from December 31, 2010 until December 31, 2015; and WHEREAS, Chapter 2010-205 Laws of Florida also required stricter standards for new, modified and repaired onsite sewage treatment and disposal systems (OSTDS) beginning July 1, 2010 to be administered by the Department of Health (DOH); and WHEREAS, the building permit applications upon which the Rate of Growth Ordinance (ROGO) and Non-residential Rate of Growth Ordinance (NROGO) allocations were based assumed that the applications were complete with correctly engineered OSTDS that may not meet the current standards; and WHEREAS, the new standards to be implemented by DOH require that building permit applications need to be revised before a DOH approval will be given and the permit issued; and WHEREAS, Monroe county code Section 138-25(f) states than an allocation award shall expire if its corresponding building permit is not picked up within 00 days of notification of the award; and WHEREAS, the engineered revisions necessary to update the plans for the OSTDS, approval from DOH and submission to the building department for approval of the building permit will, in many cases, take more than 00 days to achieve; and WHEREAS, applicants for residential permit allocations have been waiting a substantial period of time to build, many of them for several years; and WHEREAS, it is anticipated that the recipients of both residential and nonresidential allocations will need time to obtain engineered plans and comply with DOH requirements in order to pick up their building permits; and WHEREAS, recipients of ROGO and NROGO allocation awards who will have sewer service within a short period of time from the expiration of the initial allocation award should not be required to incur an unreasonable additional expense for engineering services for an on -site facility which will not be necessary at time of issuance of a certificate of occupancy; and WHEREAS, Monroe County Code Section 1 38-25 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, recipients of ROGO and NROGO allocation awards who want their building permits issued and who will have sewer service within a short period of time should not be required to incur an unreasonable additional expense for engineering services for an on -site facility which will not be necessary at time of issuance of a certificate of occupancy; and WHEREAS, the Monroe County BOCC finds that this time extension to allow the issuance of building permits and to allow permit applicants longer than 60 days to obtain building permits after award of allocation to meet DOH standards or to allow for completion of and connection to central sewer service within a short and reasonable time frame is in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Growth Management Division Director is authorized to grant extensions beyond the sixty (60) days currently allowed for procuring a building permit after allocation award, as provided in Monroe county Code Sections 138-25 and 138-52 to persons receiving a ROGO or NROGO allocation. Section 2. The extension provided for in Section 1 shall be granted only to those persons who need new performance based engineered plans for DOH approved onsite sewage treatment disposal systems or who will have central sewer service available within six months of the allocation expiration. Section 3. Those persons requiring such an extension of their ROGO/NROGO allocation for expected central sewer service shall request such an extension in writing prior to the original expiration date of the allocation award with documentation by letter of coordination from the central sewer service provider of the expected date of service; however, in no event shall the extension be longer than six months from the original expiration date (a total of eight months from the allocation award). Section 4. Those persons requiring an extension for revised building permit submissions for the DOH shall request the extension in writing prior to the original expiration date of the allocation award and shall provide the date by which design drawings will be obtained and submitted to DOH for review and approval; however, in no event shall the extension be longer than six months from the original expiration date of the allocation (a total of eight months from allocation award). Section 5. Those persons desiring the issuance of a building permit who will have central sewer service within six months shall provide documentation by letter of coordination within the time period of the original allocation (sixty days) from the central sewer service provider of the expected date of service and shall pick up their building permit. No certificate of occupancy will be issued until service is provided. Section 6. All other persons with allocation awards for ROOOINROOO who do not need an extension to fulfill the new requirements of Chapter 2010-05 Laws of Florida for OSTDS or who have central sewer service availability remain subject to the 00 day expiration of an allocation award, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Y Florida at a regular meeting held on the 19th day of January, 2011. Mayor Heather Carruthers Mayor pro tem David Rice Commissioner Kim wigington Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m Mayor Heather Carruthers (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk MQNAOE OUNTY NEY A P P 4 E 7 AS F Date: