Item H6 1 I
BOARD OF COUNTYCOMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division:_ Growth Management
Bulk Item: Yes X No. _ Department: Planning and Env. Resources
Staff Contact/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: Approval of a resolution authorizing the Planning & Environmental
Resources Director to extend the period of expiration for ROGO/NROGO allocations to allow the
County to review impacts to federally listed species consistent wJ Ordinance 015-2012 under the
Permit Referral Process
ITEM BACKGROUND: Ordinance 015-2012 requires the County to review permits for 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. This ordinance 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.
Ordinance 015-2012 governs time extensions for tolled allocations/permits. However, there are other
ROGO/NROGO applications/allocations which need time extensions to comply with the requirements
of the permit referral process. Monroe County Code Sections: 138-25(f) and 138-52(g) state that a
ROGO/NROGO 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 which may be required for
review under the permit referral process, extensions to the time an allocation recipient has to pick up a
building permit is necessary. Section 138-26 authorizer the Board of County Commissioners to
extend the 60 day ROGO expiration period if the extension is in the public interest. This resolution
also authorizes the Planning & Environmental Resources Director to grant time extensions relative to
this new process.
PREVIOUS RELEVANT BOCC ACTION: January 19, 20111- BOCC Resolution 031-2011 authorized the
Growth Management Division Director to extend the period of expiration for ROGO/NROGO allocation allow
building permit revision for onsite sewage treatment and disposal systems or for anticipated central sewer
service availability.
June 20, 2012—BOCC Ordinance 015-2012 requires the County to review permits for federal listed species to
comply with the Federal Endangered Species Act.
August 15,2012-BOCC Resolution eliminated tolling for ROGO/NROGO.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X, OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# '�
Revised 7/09
RESOLUTION NO. -2012
A RESOLUTION 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
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 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 (60) 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 and additional requirements required in
Ordinance 015-2012; 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 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
WHEREAS, such extension is in the public interest of the citizens of Monroe County in
order to maintain fairness in the ROGO/NROGO process; and
WHEREAS, ROGO/NROGO applications which have been reviewed by staff and are
not subject to the Permit Referral Process in accordance with Ordinance 015-2012 will
not be eligible for the extensions outlined below; and
WHEREAS, the permits and allocations which were tolled because they were on the
FEMA Injunction List have extensions which are governed by Ordinance 015-2012 and
this extension is consistent with Ordinance 015-2012;
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 to persons receiving a
ROGO or NROGO allocation and is hereby authorized to notify applicants of the
available extensions.
Section 2. Applicants awarded a ROGO/NROGO allocation by the Planning
Commission prior to September 13, 2012, who have not been issued an allocation
notice will have their applications reviewed by staff.;
a. Applicants whose applications are determined to be required to go through
the Permit Referral Process because the properties are identified within the
Species Focus Area Maps, shall have: 180 days from notice of allocation to
pick up the building permits.
b. Applicants whose applications are required to go through the Permit Referral
Process shall have 300 days after notice of allocation to pick up the building
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permits if they are required to redesign an onsite wastewater treatment
system to receive a permit from the Department of Health.
c. Applicants who are required to coordinate with FWS shall have a total of 360
days from allocation notice to conclude the required coordination with FWS
and pick up the building permit, and receive a notice to proceed from Monroe
County. 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 3. Applicants awarded a ROGO/NROGO allocation prior to September 13,
2012, who have been issued their allocation notices but have not picked up a building
permit, will have their applications reviewed by staff..
a. Applicants whose applications are determined to be required to go through
the Permit Referral Process because the properties are identified within the
Species Focus Area Maps, have 180 days from a county issued notice to pick
up the building permits.
b. Applicants whose applications are required to go through the Permit Referral
Process shall have 300 days from a county issued notice to pick up the
building permits if they are required to redesign an onsite wastewater
treatment system to receive a permit from the Department of Health.
c. Applicants who are required to coordinate with FWS shall have a total of 360
days from a county issued notice to conclude the required coordination with
FWS and pick up the building permit, and receive a notice to proceed from
Monroe County. This time frame may be extended by the Planning &
Environmental Resources Director if I the applicant can affirmatively
demonstrate that he has timely and actively sought coordination.
Section 4. Applicants who received a ROGO /NROGO allocation prior to September
13, 2012, who have received an extension pursuant to Board of County Commissioner
Resolution 031-2011 to redesign an onsite wastewater treatment system.to receive a
permit from DOH will have their applications reviewed by staff. Applicants, whose
applications are determined to be required to go through the Permit Referral Process
because the properties are identified within the Species Focus Area Maps, shall have an
additional 180 days from the current ROGO/NROGO expiration date to pick up the
building permits. Applicants who are required to coordinate with FWS shall have a total
of 300 days from the current expiration date to conclude the required coordination with
FWS and pick up the building permit, and receive a notice to proceed from Monroe
County. 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. Applicants whose,properties are not identified within the Species Focus
Area Maps and after county staff review are not subject to the Permit Referral Process
or coordination with FWS may still apply for an extension of time in order to redesign an
onsite wastewater treatment system to receive a permit from DOH pursuant to Board of
County Commissioners Resolution 031-2011.
Section 6. Applications which have been accepted into and are competing in
ROGO/NROGO will retain their date, time, and points on the application; however, after
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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 7. In the event there are other categories concerning ROGO/NROGO
applications/permits required to go through the Permit Referral Process, which are not
specifically referenced herein, the Planning & Environmental Resources Director has the
authority to grant similar time extensions related to Ordinance 015-2012.
Section 8. Previously tolled allocations and permits are governed by the provisions of
Ordinance 015-2012.
Section 9. Parcels with allocation awards for ROGO/NROGO which are not identified
within the Species Focus Area Maps or Federally Protected Species Area Real Estate
List which do not have to go through the Permit Referral Process including applicants
who are not required to redesign an onsite wastewater treatment system will remain
subject to the 60 day expiration of an allocation award pursuant to Monroe County Code
Sections 138-25(f) and 138-52(g).
Section 10. All other persons whose allocation award expired prior to September 13,
2012 remain expired.
Section 11. All other persons whose applications; have been reviewed for the Permit
Referral Process in accordance with Ordinance 015-2012 will not be eligible for these
extensions.
Section 12. Extensions of time granted to applicants granted an allocation who are
required to revise their building plans to be consistent with the Florida Building Code
(FBC) shall run concurrently with the time extensions herein.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21st day of September, 2012.
Mayor David Rice
Mayor pro tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA'
BY: I
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY ATTORNEY
Deputy Clerk PPROVED AS TO RM:�7_STEVEN T. WILLIAMS 4
ASSISTANT COpNTY ATTORNEY
Date 9/4///,2_