Item R2 BOARD OF COUNTYCOMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:November 20, 2012 Division: Growth Management
Bulk Item: Yes __ No Department: Building Department
Staff Contact/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Chapter 6 Buildings and
Construction to provide for a period of two years to obtain building permits for owners of parcels previously on
the FEMA Injunction List with allocations or building permits which were "tolled" according to resolutions
420-2005, 166-2006, 185-2007, 219-2008 and 282-2011, at the time of the lifting of the FEMA Injunction;
requiring owners of parcels with allocations to obtain their building permits within 2 years and requiring owners
of parcels with building permits which were tolled at the time of lifting of the FEMA Injunction to commence or
recommence development within two years from written notice by county, consistent with HB 503 which
authorized building permit extension for 2 years.
ITEM BACKGROUND: This ordinance is being proposed to provide owners with tolled building permits
and/or ROGO/NROGO allocations a way to develop in a manner consistent with the Endangered Species Act
and be eligible for national flood insurance (Ordinance 015-2012), to comply with other requirements such as
those for the Florida State Department of Health and in the current Florida Building Code(Ordinance 024-2012)
and to provide a time extension consistent with HB 503 and its intent.
County staff cannot timely process and notify the persons with tolled allocations and tolled permits with any fair
methodology to give those people affected an opportunity to use the extension provisions of HB 503 by
December 31, 2012. Therefore, staff is requesting the Board modify the time limits originally adopted by
Ordinance 015-2012 for tolled permits to allow a 2 year extension for tolled allocation awards and building
permits.
PREVIOUS RELEVANT BOCC ACTION: June 20, 2012—BOCC Ordinance 015-2012 requires the County
to review permits for federally listed species to comply with the Federal Endangered Species Act.
August 15, 2012- BOCC Resolution 212-2012 eliminated tolling for ROGO/NROGO allocations/permits upon
the lifting of the FEMA Injunction.
September 21,2012-BOCC Ordinance 024-2012 requires compliance with the Florida Building Code.
September 21, 2012- BOCC Resolution 249-2012 time extension for ROGO/NROGO for consistency with
Ordinance 015-2012.
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#
November 20,2012
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING CHAPTER 6 BUILDINGS AND
CONSTRUCTION TO PROVIDE FOR A PERIOD OF TWO YEARS TO
OBTAIN BUILDING PERMITS FOR OWNERS OF PARCELS
PREVIOUSLY ON THE FEMA INJUNCTION LIST WITH
ALLOCATIONS WHICH WERE TOLLED AT THE TIME OF THE
LIFTING OF THE FEMA INJUNCTION; REQUIRING OWNERS OF
PARCELS WITH BUILDING PERMITS WHICH WERE TOLLED AT
THE TIME OF THE LIFTING OF THE FEMA INJUNCTION TO
COMMENCE OR RECOMMENCE DEVELOPMENT WITHIN TWO
YEARS ; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1990 the National Wildlife Federation, Florida Wildlife Federation, and the
Defenders of Wildlife filed suit against the Federal Emergency Management Agency (FEMA)
claiming FEMA was not consulting with the U.S. Fish and Wildlife Service (FWS or Service) as
required by the Endangered Species Act in its administration of the National Flood Insurance
Program (NFIP) in Monroe County, Florida, currently captioned Florida Key Deer v. Fugate,
90-CV-10037; and
WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA from
issuing flood insurance under the NFIP on any new residential or commercial developments in
suitable habitats of federally listed (threatened or endangered) species in the Keys (the "FEMA
Injunction"); and
WHEREAS, subject to Monroe County Board of County Commissioners Resolutions 420-2005;
166-2006; 185-2007; 219-2008 and 282-2011, property owners were able to "toll"their building
permits and NROGO/ROGO allocations because they were not eligible for flood insurance as a
result of the FEMA Injunction; and
WHEREAS, the settlement between the parties to the litigation required FEMA and FWS to
implement Reasonable and Prudent Alternatives which involved requirements regulating Monroe
County in its implementation of the Endangered Species Act; and
WHEREAS, this implementation included a Permit Referral Process before a building permit
was issued; and
WHEREAS, the County adopted Ordinance 015-2012 amending Monroe County Code Chapter
122 Floodplain Regulations, which included the creation of Monroe County Code Sec. 122-8 for
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November 20,2012
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, and permit
applications 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, less than three months
ago, as a result of the Court lifting the FEMA Injunction pursuant to a settlement in Florida Key
Deer v. Fugate, 90-CV-10037; and
WHEREAS, some building permit applications and building permits will be required to go
through the Permit Referral Process or will be sent for review and coordination with FWS; and
WHEREAS, Monroe County Code Section 122-8 as enacted in Ordinance 015-2012
prescribes certain other extended timeframes within which persons with tolled allocations
and building permits must either pick up their building permits after receiving an
allocation or recommence development under an issued permit and receive a passed
inspection; and
WHEREAS,Section 122-8 of the Monroe County Code provides that county staff will review
the allocations and permits previously tolled and provide written notification to the holder
of an allocation or permit as to whether the holder has 180, 300 or 360 days to go through
the permit referral process as described in Monroe County Code Section 122-8 depending
on what review and coordination is required; and,
WHEREAS, Ordinance 024-2012 enacted on September 21, 2012, requires that persons
with building plans which have become non-compliant with the current Florida Building
Code since their building permit applications were submitted and allocations made must
have revised plans which are compliant with the current building code; and
WHEREAS, some owners with tolled allocations and permits may need new building plans
to be compliant with the Florida Building Code, further extending the date by which a
building permit can be issued or development commenced; 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 cannot process and notify the persons with tolled allocations and
tolled permits in time for owners to comply with, the recently enacted permit process
requirements and also notify the county of their use of the legislative extension authorized
by HB 503 by December 31, 2012; and
Nov 8 2012
November 20,2012
WHEREAS,there are more than 240 permits and allocations affected by the lifting of the FEMA
Injunction which may need extensions and a total of over 300 permits and allocations potentially
needing 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 light
of economic conditions and in order to provide an orderly process for staff to follow and
for those persons with tolled allocations to receive permits and people with building
permits to commence or continue development; and
WHEREAS, this ordinance is being adopted to provide owners with tolled building permits
and/or ROGO/NROGO allocations a way to develop in a manner consistent with the
Endangered Species Act and be eligible for national flood insurance, to comply with other
requirements such as those for the Florida State Department of Health and in the current
Florida Building Code, and to provide a time extension consistent with HB 503 and its
intent; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 6-114 of the Monroe County Land Development Code shall be created as
follows: (Deletions are stai-sl£en ah-r-eugh; additions are underlined)
Sec. 6-114. Permit issuance for previously tolled Rate of Growth Ordinance (ROGO)
allocations, Non-Residential Rate of Growth Ordinance (NROGO) allocations, and
building permits/Floodplain Development Permits.
In the spirit and intent of HB 503, Chapter 2012-205 Laws of Florida, and instead of and
notwithstanding the time limits provided in Sec. 6-102 and Sec. 122-8 of this code, allocations
which were issued under Chapter 138 and building permits which were issued pursuant to
Chapter 6 of this code, both of which were tolled by Monroe County Resolutions 420-2005,
166-2006, 185-2007, 219-2008 and 282-2011 as a result of the injunction prohibiting FEMA
from issuing flood insurance, are governed by this section.
In order to receive a building_permit. commence or recommence development, to be eligible for
Federal flood insurance and meet their obligations under the Federal Endangered Species Act,
persons whose allocations were tolled or whose building_penmits were tolled must comply with
the following requirements;
a. Owners with allocations have two years from the date of a Coun issued
written notice to pick up their building permits, or the allocation will expire. Prior
to issuance of and picking np the building permit, owners with allocations shall do
the following:
i. Go through the permit referral process.
ii. Coordinate with other state or federal agencies
Nov 8 2012
November 20,2012
iii. Bring building plans into compliance with the current
Florida Building Code.
iv. Any other task or activity required to comply with
requirements to obtain a building_permit.
This timeframe may be recommended for extension by the Planning Director and extended by
the building official for 180 days at a time if the applicant can affirmatively demonstrate that he
has timely and actively sought coordination.
b. Owners with building_permits have two years from the date of a County
issued written notice to commence or recommence development or the
building permit will expire. Prior to commencing or recommencing
development, owners with building_permits shall do the following_
i. Go through the permit referral process.
ii. Coordinate with other state or federal agencies
iii. Bring building plans into compliance with the current
Florida Building Code.
iv. Any other task or activity required to comply with
requirements to obtain a building_permit.
This timeframe may be recommended for extension by the Planning Director and extended by
the building official for 180 days at a time if the applicant can affirmatively demonstrate that he
has timely and actively sought coordination.
The time limits specified above are to run concurrently with any other extensions including but
not limited to those provided by the Monroe County Code and Florida law or statute,
Section 2 . Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state or county law, rule, code or regulation, the interpretation which
most closely implements the intent of the Board of County Commissioners shall be used, unless
this ordinance is otherwise preempted.
Section 4. Filina and Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, and
shall be effective as provided by law.
Nov 8 2012
November 20,2012
Section 5. Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately
numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2012.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
BY
Mayor
MONROE COUNTY ATT Y
APPRO TO ORh °
[ate: `
Nov 8 2012