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Resolution 216-20171 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 46 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO.216-2017 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY EMERGENCY RELIEF WORKERS INVOLVED IN RECONSTRUCTION ACTIVITIES RELATED TO HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR AND BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE TEMPORARY HOUSING, COMMENCING SEPTEMBER 5, 2017, FOR A DURATION OF UP TO 180 -DAYS, PURSUANT TO SECTION 103 -1(e) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners is the legislative body of Monroe County, Florida; and WHEREAS, the Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and WHEREAS, the Monroe County Mayor issued another declaration a State of Local Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which caused damage to residences, businesses and infrastructure throughout the County; and WHEREAS, pursuant to Section 103 -1(e) of the Monroe County Land Development Code, notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided for temporary occupancy by emergency relief workers involved in reconstruction activities, subject to the following conditions: 1 of 4 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 (1) An emergency directive or resolution of the BOCC must be issued authorizing the placement and duration of the temporary emergency housing for relief workers; (2) Placement of temporary emergency housing for relief workers must not impede or interfere with other emergency and recovery operations or public safety; (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official); (4) A no fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, consistent with the BOCC resolution, and a Department of Health permit authorizing the connection of the unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system; (5) Any required demolition or building permits for the related reconstruction activities must be issued within 90 days from the placement of the temporary emergency housing for relief workers; (6) The temporary emergency housing unit(s) may remain on the site for a period not to exceed the duration specified by the BOCC resolution, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this section should it be deemed required for the public safety; (7) The only persons permitted to reside for any period in temporary emergency housing for relief workers are individuals who are gainfully employed on a fulltime basis in completing cleanup and reconstruction efforts following a natural or manmade disaster. All residents of temporary emergency housing for relief workers who were not permanent residents of the county prior to first occupying such housing facilities will be required to evacuate in accordance with local evacuation orders. Residents of any temporary emergency housing for relief workers who were permanent residents of the county prior to first occupying such housing facilities may not remain in temporary emergency housing for relief workers during any period when a local evacuation order is in effect; and WHEREAS, pursuant to Section 103 -1(a), temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such RVs (or other approved sheltering units) are provided to residents or relief 2 of 4 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 46 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that term is defined in F.S. § 320.01; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided for temporary occupancy by emergency relief workers involved in reconstruction activities related to Hurricane Irma subject to the following conditions: (1) Temporary emergency housing for relief workers is authorized for up to 180 -days, beginning on September 5, 2017, and ending on March 4, 2018. (2) The Planning Director and Building Official shall have the authority to approve the locations of the temporary housing for relief workers. (3) Placement of temporary emergency housing for relief workers must not impede or interfere with other emergency and recovery operations or public safety; (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official); (5) A no -fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, consistent with condition (1) above, and a Department of Health permit authorizing the connection of the unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system; (6) Any required demolition or building permits for the related reconstruction activities must be issued within 90 days from the placement of the temporary emergency housing for relief workers; (7) The temporary emergency housing unit(s) may remain on the site for a period not to exceed 180 -days, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this resolution should it be deemed required for the public safety; (8) The only persons permitted to reside for any period in temporary emergency housing for relief workers are individuals who are gainfully employed on a fulltime basis in 3 of 4 I completing cleanup and reconstruction efforts related to Hurricane Irma. All 2 residents of temporary emergency housing for relief workers who were not 3 permanent residents of the county prior to first occupying such housing facilities will 4 be required to evacuate in accordance with local evacuation orders. Residents of any 5 temporary emergency housing for relief workers who were permanent residents of 6 the county prior to first occupying such housing facilities may not remain in 7 temporary emergency housing during any period when a local evacuation order is in 8 effect; 9 10 (9) Pursuant to Section 103 -1(h), no clearing or filling of environmentally sensitive 11 lands may occur as a result of providing any type of temporary housing unit(s); and 12 13 (10) Pursuant to Section 103 -1(i), for all permitted temporary housing, upon expiration of 14 relevant approvals and timeframes expressly set forth in the relevant authorization, 15 the temporary housing shall be removed. 16 17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 18 Florida, at a special meeting held on the 27th day of Septem 17 19 20 o Z 21 22 23 24 xz 25 U 26 �w 27 ' L �1 28 P " z 29 ? °� o E 30' 31 32 33 ATTEST: KEVIN MADOK, CLERK 34 35 36 DEPUTY CLERK Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA BY ; ,e,. �'�'S Mayor George Neugent MONROE COUNTY ATTORNEY A P OV�D ,CORM STEVEN T. WILLIAMS - ASS ¢ ATTORNEY 4 of 4 a o Z xz C) U tNj �w C) W -j c:) Uj " z -j N o E Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA BY ; ,e,. �'�'S Mayor George Neugent MONROE COUNTY ATTORNEY A P OV�D ,CORM STEVEN T. WILLIAMS - ASS ¢ ATTORNEY 4 of 4