Item V5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2003
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING: Public hearing to consider an Ordinance amending Division 9 of the
Monroe County Code clarifying when a building permit is required, listing letters of coordination
required and time frames for submittal and review of ROGO and NROGO applications. (One public
hearing required.)
ITEM BACKGROUND: The amended building code has made parts of the building permit section
of the Land Development Regulations unnecessary. The changes make several processes clear for
applying for permits when review by the planning department is required. The time frames for ROGO
and NROGO applications are needed to allow sufficient review time before the allocations are
evaluated.
The Monroe County Development Review Committee, at a public meeting on June 5, 2003, after a
review of the staff report, voted to approve the new text as presented.
The Monroe County Planning Commission, at public hearings on July 9, 2003, September 10, 2003,
and October 22, 2003 reviewed the staff report, sworn testimony of the planning staff, and public
comment, and recommended approval of the proposed amendment to the Board of County
Commissioners.
PREVIOUS RELEVANT BOARD ACTION: None
CONTRACT/AGREEMENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: N/ A
COST TO COUNTY: None
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: N/ A
AMOUNT PER MONTH Year
APPROVED BY: County Atty 1L-
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM # ~
DISPOSITION:
LAND DEVELOPMENT REGULATIONS TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO -
NOVEMBER 19,2003
Staff:
DRC
PC
PROPOSED LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
AN ORDINANCE REPEALING SECTION 9.5-111
THROUGH 118 OF THE MONROE COUNTY CODE AND
CREATING NEW SECTIONS 9.5-111 THROUGH 118 OF
THE LAND DEVELOPMENT REGULATIONS AND
CREATE NEW SEC. 9.5-111 THROUGH 118 TO
PROVIDE CLARIFICATION OF THE BUILDING PERMIT
PROCESS; LISTING THE REQUIRED LETTERS OF
COORDINATION AND THE TIME FRAMES FOR
SUBMITTAL AND REVIEW OF ROGO AND NROGO
APPLICATIONS AND THE ALTERNATIVE PROCESS
FOR THE PRIVATIZATION OF PLAN REVIEWS AND
BUILDING INSPECTIONS; PROVIDING FOR THE
SEVERIBILlTY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR THE INCORPORATION INTO THE MONROE
COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVJDING AN
EFFECTIVE DATE
PROPOSED TEXT AMENDMENT RECOMMENDATIONS
Approval
June 2,2003
Staff Report
Approval
June5,2003
Resolution #D15-03
Approval
October 22, 2003
Resolution #P50-03
BOCC PROPOSED ORDINANCE
ORDINANCE NO. -2003
AN ORDINANCE REPEALING SECTION 9.5-111
THROUGH 118 OF THE MONROE COUNTY CODE AND
CREATING NEW SECTIONS 9.5-111 THROUGH 118 OF
THE LAND DEVELOPMENT REGULATIONS AND
CREATE NEW SEC. 9.5-111 THROUGH 118 TO
PROVIDE CLARIFICATION OF THE BUILDING PERMIT
PROCESS; LISTING THE REQUIRED LETTERS OF
COORDINATION AND THE TIME FRAMES FOR
SUBMITTAL AND REVIEW OF ROGO AND NROGO
APPLICATIONS AND THE ALTERNATIVE PROCESS
FOR THE PRIVATIZATION OF PLAN REVIEWS AND
BUILDING INSPECTIONS; PROVIDING FOR THE
SEVERIBILlTY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE
CLERK OF THE BOARD TO FORWARD A CERTIFIED
COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the amended building code has made parts of the building
permit section of the Land Development Regulations unnecessary; and
WHEREAS, the proposed changes make several processes clear for
applying for permits when review by the planning department is required; and
WHEREAS, the time frames for ROGO and NROGO applications are
needed to allow sufficient review time before the allocations are evaluated; and
WHEREAS, the regulations for plan review and building inspections
appear in Chapter 6 of the Monroe County Code and therefore can be removed
from Chapter 9.5; and
WHEREAS, Florida House Bill 1307 (Private Providers) was signed into
law on May 30,2002; and
WHEREAS, the focus of this new law is to allow a building owner to hire a
private service to provide plans review and inspection services; and
Page 1 of 5
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\BOCC ORD -2003.doc
WHEREAS, the provider will review the construction documents and
certify them as being in compliance with the applicable building codes and will do
code inspections during the construction of the building; and
WHEREAS, the primary purpose for this alternate plan review and
inspection process is to expedite the permitting and inspection process; and
WHEREAS, the Commission was presented with Exhibit "A" which
describes and illustrates the alternate plan review and inspection process that
will be followed to implement the new regulations; and
WHEREAS, the Commission finds that there is a need to make the
changes outlined above; and
WHEREAS, the Commission finds that the proposed changes are
consistent with Section 9.5-511 (d)(5)b.(iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are
consistent with the goals of the MC Year 2010 Comprehensive Plan; and
WHEREAS, this amendment was reviewed and approved at a regular
public meeting of the Development Review Committee on June 5, 2003; and
WHEREAS, this amendment was heard at regular public hearings of the
Planning Commission on July 9, 2003, September 10, 2003, and October 22,
2003; and
WHEREAS, the Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby incorporated
as part of the record of said hearing;
1. Staff report prepared on October 29, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1.
Delete Chapter 9.5, Sections 9.5-111 through 9.5-118 of the
Monroe County Code.
Page 2 of 5
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 11 B\BOCC ORD -2003.doc
Section 2.
Create new Sections 9.5-111 through 9.5-118 that read as
follows:
I Underlined text is new.
ARTICLE I. BUILDING PERMITS
Sec. 9.5-111. BuildinCl permit reauired.
A buildino permit is reauired prior to the followino:
(1) Any work specified in chapter 6.0:
(2) Any chanoe in the intensity. density. or use of land authorized as a
permitted as of rioht use under this chapter:
(3) Any chanoe in the use of land or structure from a permitted as-of-
rioht use within a land use district to another listed permitted as-of-
riaht use:
(4) Any development authorized by conditional use approval.
Sec. 9.5-112. Permits and letters of coordination.
Prior to submittal of a buildino permit application to the buildino department. the
followino permits and letters of coordination are reauired as determined by the
buildino official:
(1) Technical review coordination letter from the U.s. Fish and Wildlife
Services:
(2) U.S. Army Corps of Enoineers. Florida Department of
Environmental Protection. and South Florida Water Manaoement
permits or letters of coordination for docks. riprap. seawalls and any
other activity reauirino a permit or letter of coordination from these
aaencies:
(3) Florida Department of Health and Department of Environmental
Protection permits or letters of coordination for wastewater facilities:
and.
(4) Florida Keys Aaueduct Authority. Florida Keys Electric Cooperative.
and Keys Eneroy Services.
Page 3 of 5
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\BOCC ORD -2003.doc
Sec. 9.5-113. Compliance reQuirements for buildinCl permit applications
reauirina a RaGa or NRaGa allocation award or submitted
under privatized plan review.
Prior to submittal of an application for a buildino permit requirino a ROGO or
NROGO allocation award under this chapter or submitted under the provisions of
chapter 553. Florida Statutes. for privatized plan review. the buildino permit
application shall be first submitted to the plannino director for compliance review
with the requirements of this chapter. the comprehensive plan. and chapter 6.6
(fire and life safety codes). The plannino director shall determine within fifteen
(15) workino days if the buildinq permit application is in compliance and can be
processed by the buildinq department or needs to be revised before it can be
accepted and processed. If an evaluation of an HEI and site plan visit is
required. the number of workina days to complete the review may be more than
fifteen (15) workino days. The compliance determination of the plannino director
shall be in writino.
Sec. 9.5-114. Deadlines for submission of buildina permit applications to be
entered into the residential and non-residential permit allocation
svstems.
No approved buildinq permit application requirino a ROGO or NROGO allocation
award. includinq applications submitted under privatized plan review as provided
for by Chapter 553. Florida Statutes. shall be accepted for entry into the ROGO
or NROGO systems under this chapter. unless the buildinq permit application is
submitted to the buildino department thirty (30) days prior to the end of the
allocation period appropriate for that application.
Sec. 9.5-115 - Sec. 9.5-118 [Reserved]
Section 3. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section S. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This ordinance shall be filed in the Office of the Secretary of
State of Florida, but shall not become effective until a notice is
issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Page 4 of 5
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\BOCC ORD -2003.doc
"""....... ...... ......... ,,~. --- ... ."'...... ................- ......... ...... - -
~ion 7. This ordinance shall be transmitted by the Planning Department
to the Department of Community Affairs to determine the
consistency of this ordinance with the florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUlY CLERK
. .
Page 5 of 5
C:\TEMP\BOCC ORO -2003.doc
BOCC EXHIBIT "A"
EXHIBIT "A"
Privatized Plan Review (PPR)
NROGO and ROGO Procedure
LDR Compliance Review - Issues/Needs
~ Submittal is made to the Building Department
1. This will be a concurrent review - residential = 3 plans, commercial = 4 plans
2. The applicant will submit a building permit application accompanied by appropriate fees
for both compliance review and building permit review.
3. The building department, in Pentamation, assigns the tracking number. The number will
become the building permit number when the plan is transmitted to Building with the
LDR compliance.
4. Building distributes to planning, flood plain, and, if commercial, to fire marshal and
county engineer for storm water management review.
~ Planning Tech is the coordinator for the LDR compliance certification. See attached flow
chart. (15 days review time unless the permit involves an HE!). Non residential
developments with an approved Conditional Use have already received LDR compliance and
will therefore go through the "regular review process". *
1. Planning will do an initial review and transmit to Biologist.
2. The review agencies will note in the tracking system any and all requests for additional
information or corrections to the submitted plans. (This is important because with this
information we can evaluate the actual review time, the clock stops when additional
information or corrections are requested).
3. Any "conditions" to be added to the permit will be typed into Pentamation.
4. The planning, environmental and flood plain reviews will include assigning any points
for ROGO and NROGO.
5. The approved plans for environmental, flood plain, fire marshal and storm water will all
be transmitted to planning for compilation.
6. If any changes were required by one agency that result in an additional review by the
other agencies, the applicant will be required to submit an additional set of plans.
7. The applicant will re-submit the plans (3 sets) with corrections, if required, for signatures,
the Director of the appropriate Island Planning Team will review the submittal to assure
compliance with the all the reviewing agencies.
8. The Planning Tech will transmit the stamped, signed plans to the building department
after compliance with the LDRs has been determined. Any conditions for the permit will
be noted on the transmittal and in Pentamation.
~ Building permit application submittal (5 days review time for PPR and 30 days for NROGO
and ROGO).
1. The building department upon receipt of the application with the LDR compliance
certification will redesignate the tracking number as the building permit number. Review
time frames will begin when the status of the application changes.
2. The Plans Examiner will carry all conditions from the LDR compliance review forward
to the issued building permit.
*Non residential developments with an approved Conditional Use have already received LDR compliance
and will therefore go through the "regular review process".
- 1 -
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Privatized Plan Review Procedure
LDR Compliance Review
Applicant
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Environment Planning
Fire Marshal County
Engineer
LDR
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Certification
Building Permit
Application
5 day Review
Bldg Approval
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ROGO - NROGO*
LDR Compliance Review
Applicant
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Commercial
Flood Plain
point
assignment
Environment
point
assignment
Planning
point
assignment
Fire Marshal
County
Engineer
LDR
Compliance
Building approval
ROGOINROGO
point assignment
ROGOINROGO Application
may add points for dedication, etc
*Non residential development with an approved Conditional Use have already received
LDR compliance and therefore will go through the "regular review process".
-3 -
BOCC STAFF REPORT
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Fred Gross, Director, Lower Keys Planning Team
DATE:
October 29,2003
SUBJECT: Repeal Sec. 9.5-111 through 118 of the Land Development
Regulations and create new Sec 9.5-111 through 118 to provide
for clarification of the building permit process; listing the
required letters of coordination and the time frames for
submittal and review of ROGO and NROGO applications and the
alternate process for the privatization of plan reviews and
building inspections.
I. Backaround:
The amended building code has made parts of the building permit section of the
Land Development Regulations unnecessary. The changes make several
processes clear for applying for permits when review by the planning department
is required. The time frames for ROGO and NROGO applications are needed to
allow sufficient review time before the allocations are evaluated.
The regulations for plan review and building inspections appear in Chapter 6 of
the Monroe County Code and therefore can be removed from Chapter 9.5.
Exhibit "An describes and illustrates the alternate plan review and inspection
process that will be followed to implement the new regulations.
This amendment was reviewed and approved at a regular public meeting of the
Development Review Committee on June 5, 2003.
This amendment was reviewed and approved by the Monroe County Planning
Commission after public hearings on July 9, 2003, September 10, 2003, and
October 22,2003.
II. Analvsis & Findinas of Fact:
1. Staff finds that there is a need to make the changes outlined above.
2. Staff finds that the proposed changes are consistent with Section 9.5-
511 (d)(5)b.(iv) New Issues and (v) Recognition of a need for additional detail
or comprehensiveness.
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\60CC Staff Report.doc
Page 1 of 3
3. Staff finds that the proposed changes are consistent with the goals of the MC
Year 2010 Comprehensive Plan.
III. Proposed Amendments to Chapter 9.5. Sections 9.5-111 throuah 9.5-118
· Delete Sections 9.5-111 through 9.5-118.
· Create new Sections 9.5-111 through 9.5-118 that read as follows:
I Underlined text is new.
ARTICLE I. BUILDING PERMITS
Sec. 9.5-111. Buildina permit reauired.
A buildino permit is required prior to the followino:
(1) Anv work specified in chapter 6.0;
(2) Any chanoe in the intensity. density. or use of land authorized as a
permitted as of riaht use under this chapter:
(3) Any chanoe in the use of land or structure from a permitted as-of-
rioht use within a land use district to another listed permitted as-of-
rioht use;
(4) Any development authorized bv conditional use approval.
Sec. 9.5-112. Permits and letters of coordination.
Prior to submittal of a buildino permit application to the buildinQ department. the
followino permits and letters of coordination are reauired as determined by the
buildino official:
(1) Technical review coordination letter from the U.S. Fish and Wildlife
Services;
(2) U.S. Army Corps of Enoineers. Florida Department of
Environmental Protection. and South Florida Water Manaaement
permits or letters of coordination for docks. riprap. seawalls and any
other activity reauirino a permit or letter of coordination from these
aoencies;
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\80CC Staff Report.doc
Page 2 of 3
(3) Florida Department of Health and Department of Environmental
Protection permits or letters of coordination for wastewater facilities;
and.
(4) Florida Keys Aqueduct Authority. Florida Keys Electric Cooperative.
and Keys Eneray Services.
Sec. 9.5-113. Compliance reauirements for buildina permit applications
reauirina a RaGa or NRaGa allocation award or submitted
under privatized plan review.
Prior to submittal of an application for a buildino permit reQuirino a ROGO or
NROGO allocation award under this chapter or submitted under the provisions of
chapter 553. Florida Statutes. for privatized plan review. the buildino permit
application shall be first submitted to the plannino director for compliance review
with the requirements of this chapter. the comprehensive plan. and chapter 6.6
(fire and life safety codes). The plannino director shall determine within fifteen
115) workina days if the buildino permit application is in compliance and can be
processed by the buildinQ department or needs to be revised before it can be
accepted and processed. If an evaluation of an HEI and site plan visit is
reauired. the number of workino days to complete the review may be more than
fifteen (15) days. The compliance determination of the plannino director shall be
in writina.
Sec. 9.5-114. Deadlines for submission of buildina permit applications to
be entered into the residential and non-residential permit
allocation systems.
No approved buildino permit application reauirino a ROGO or NROGO allocation
award. includino applications submitted under privatized plan review as provided
for by Chapter 553. Florida Statutes. shall be accepted for entry into the ROGO
or NROGO systems under this chapter. unless the buildina permit application is
submitted to the buildino department thirty (30) days prior to the end of the
allocation period appropriate for that application.
Sec. 9.5-115 - Sec. 9.5-118 rReservedl
IV. Recommendations
Based on the Findings of Fact above, the Monroe County Planning
Commission recommends APPROVAL of the proposed amendments to
Section 9.5-111 through Section 9.5-118, of the Monroe County Code.
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\BOCC Staff Report.doc
Page 3 of 3
PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P50-03
A RESOLUTION BY THE MONROE PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT TO REPEAL
SECTION 9.5-111 THROUGH SECTION 9.5-118 OF THE LAND
DEVELOPMENT REGULATIONS AND CREATE NEW
SECTIONS 9.5-111 THROUGH SECTION 9.5-118 TO PROVIDE
FOR THE PRIVATIZATION OF PLAN REVIEWS AND
BUILDING INSPECTIONS.
WHEREAS, Florida House Bill 1307 (Private Providers) was signed into
law on May 30, 2002; and
WHEREAS, the focus of this new law is to allow a building owner to hire a
private service to provide plans review and inspection services; and
WHEREAS, the provider will review the construction documents and
certify them as being in compliance with the applicable building codes and will do
code inspections during the construction of the building; and
WHEREAS, the primary purpose for this alternate plan review and
inspection process is to expedite the permitting and inspection process; and
WHEREAS, the regulations for plan review and building inspections
appear in Chapter 6 of the Monroe County Code and therefore can be removed
from Chapter 9.5; and
WHEREAS, the Commission was presented with Exhibit "A" which
describes and illustrates the alternate plan review and inspection process that
will be followed to implement the new regulations; and
WHEREAS, the Commission finds that there is a need to make the
changes outlined above; and
WHEREAS, the Commission finds that the proposed changes are
consistent with Section 9.5-511 (d)(5)b.(iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are
consistent with the goals of the MC Year 2010 Comprehensive Plan; and
Page 1 of 4
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\P50-03Privitization.doc
WHEREAS, this amendment was reviewed and approved at a regular
public meeting of the Development Review Committee on June 5, 2003; and
WHEREAS, this amendment was heard at regular public hearings of the
Planning Commission on July 9, 2003, September 10, 2003, and October 22,
2003; and
WHEREAS, the Monroe County Planning Commission was presented with
the following evidence, which by reference is hereby incorporated as part of the
record of said hearing;
1. Staff report prepared on September 8, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendments to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
Amendments to Chapter 9.5, Sections 9.5-111 through 9.5-118
· Delete Sections 9.5-111 through 9.5-118.
· Create new Sections 9.5-111 through 9.5-118 that read as follows:
ARTICLE I. BUILDING PERMITS
Sec. 9.5-111. Buildina permit reauired.
A buildinq permit is required prior to the followino:
(1) Any work specified in chapter 6.0:
(2) Any chanoe in the intensity. density. or use of land authorized as a
permitted as of riqht use under this chapter:
40f4
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\P50-03Privitization.doc
(3) Any chanQe in the use of land or structure from a permitted as-of-
rioht use within a land use district to another listed permitted as-of-
rioht use;
(4) Any development authorized by conditional use approval.
Sec. 9.5-112. Permits and letters of coordination.
Prior to submittal of a buildino permit application to the buildino department. the
followinQ permits and letters of coordination are required as determined by the
buildinq official:
(1) Technical review coordination letter from the U.S. Fish and Wildlife
Services;
(2) U.S. Army Corps of Enoineers. Florida Department of
Environmental Protection. and South Florida Water Manaoement
permits or letters of coordination for docks. riprap. seawalls and any
other activity reauirinq a permit or letter of coordination from these
aoencies:
(3) Florida Department of Health and Department of Environmental
Protection permits or letters of coordination for wastewater facilities:
and.
(4) Florida Keys Aqueduct Authority. Florida Keys Electric Cooperative.
and Kevs Eneroy Services.
Sec. 9.5-113. Compliance reauirements for buildina permit applications
reauirino a RaGa or NRaGa allocation award or submitted
under privatized plan review.
Prior to submittal of an application for a buildino permit requirino a ROGO or
NROGO allocation award under this chapter or submitted under the provisions of
chapter 553. Florida Statutes. for privatized plan review. the buildinq permit
application shall be first submitted to the plannino director for compliance review
with the requirements of this chapter. the comprehensive plan. and chapter 6.6
(fire and life safety codes). The plan nino director shall determine within fifteen
(15) workino days if the buildina permit application is in compliance and can be
processed by the buildino department or needs to be revised before it can be
accepted and processed. If an evaluation of an HEI and site plan visit is
required. the number of workinq days to complete the review may be more than
fifteen (15) workino days. The compliance determination of the planninq director
shall be in writino.
40f4
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\P50-03Privitization.doc
Sec. 9.5-114. Deadlines for submission of buildino permit applications to be
entered into the residential and non-residential permit allocation
systems.
No approved buildino permit application reauirina a ROGO or NROGO allocation
award. includino applications submitted under privatized plan review as provided
for by Chapter 553. Florida Statutes. shall be accepted for entry into the ROGO
or NROGO systems under this chapter, unless the buildina permit application is
submitted to the buildino department thirty (30) days prior to the end of the
allocation period appropriate for that application.
Sec. 9.5-115 - Sec. 9.5-118 rReservedl
I Underlined text is new.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 22nd day of October, 2003.
David C. Ritz, Chair
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Margalli
Commissioner Lynn C. Mapes
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Jerry Coleman, Chair
Signed this
day of
,2003.
40f4
W:\Planning\Working Folders\Gross-Fred\Privatization 9.5-111, 118\P50-03Privitization.doc
DRC RESOLUTION
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D15-03
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO REPEAL SECTION 9.5-111 THROUGH
SECTION 9.5-118 OF THE LAND DEVELOPMENT
REGULATIONS AND CREATE NEW SECTIONS 9.5-111
THROUGH SECTION 9.5-118 TO PROVIDE FOR THE
PRIVATIZATION OF PLAN REVIEWS AND BUILDING
INSPECTIONS.
WHEREAS, Florida House Bill 1307 (Private Providers) was signed into
law on May 30,2002; and
WHEREAS, the focus of this new law is to allow a building owner to hire a
private service to provide plans review and inspection services; and
WHEREAS, the provider will review the construction documents and
certify them as being in compliance with the applicable building codes and will do
code inspections during the construction of the building; and
WHEREAS, the primary purpose for this alternate plan review and
inspection process is to expedite the permitting and inspection process; and
WHEREAS, the regulations for plan review and building inspections
appear in Chapter 6 of the Monroe County Code and therefore can be removed
from Chapter 9.5; and
WHEREAS, the Committee was presented with Exhibit "A" which
describes and illustrates the alternate plan review and inspection process that
will be followed to implement the new regulations; and
WHEREAS, this amendment was reviewed and approved at a regular
public meeting of the Development Review Committee on June 5, 2003; and
WHEREAS, Staff finds that there is a need to make the changes outlined
above; and
WHEREAS, Staff finds that the proposed changes are consistent with
Section 9.5-511 (d)(5)b.(iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
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WHEREAS, Staff finds that the proposed changes are consistent with the
goals of the MC Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
Amendments to Chapter 9.5, Sections 9.5-111 through 9.5-118
. Delete Sections 9.5-111 through 9.5-118.
. Create new Sections 9.5-111 through 9.5-118 that read as follows:
ARTICLE I. BUILDING PERMITS
Sec. 9.5-111. Buildino permit reauired.
A buildino permit is required prior to the followino:
(1) Any work specified in chapter 6.0;
(2) Any chanoe in the intensity. density. or use of land authorized as a
permitted as of riaht use under this chapter:
(3) Any chanae in the use of land or structure from a permitted as-of-
riqht use within a land use district to another listed permitted as-of-
rioht use:
(4) Any development authorized by conditional use approval.
Sec. 9.5-112. Permits and letters of coordination.
Prior to submittal of a buildino permit application to the buildino department. the
followino permits and letters of coordination are required as determined by the
buildina official:
(1) Technical review coordination letter from the U.S. Fish and Wildlife
Services:
(2) U.S. Army Corps of Enoineers. Florida Department of
Environmental Protection. and South Florida Water Manaoement
permits or letters of coordination for docks. riprap. seawalls and any
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other activity reauirina a permit or letter of coordination from these
aaencies;
(3) Florida Department of Health and Department of Environmental
Protection permits or letters of coordination for wastewater facilities;
and.
(4) Florida Keys Aaueduct Authority. Florida Keys Electric Cooperative.
and Keys Enemy Services.
Sec. 9.5-113. Compliance reauirements for buildina permit applications
reauirina a ROGO or NROGO allocation award or submitted
under privatized plan review.
"
Prior to submittal of an application for a buildina permit reauirino a ROGO or
NROGO allocation award under this chapter or submitted under the provisions of
chapter 553. Florida Statutes. for privatized plan review. the buildina permit
application shall be first submitted to the plannina director for compliance review
with the reauirements of this chapter. the comprehensive plan. and chapter 6.6
(fire and life safety codes). The plannina director shall determine within ten (10)
workino days if the buildina permit application is in compliance and can be
processed by the buildino department or needs to be revised before it can be
accepted and processed. If an evaluation of an HEI and site plan visit is
reauired. the number of workina days to complete the review may be more than
ten (10). The compliance determination of the plannino director shall be in
writina.
Sec. 9.5-114. Deadlines for submission of buildino permit applications to be
entered into the residential and non-residential permit allocation
systems.
No approved buildino permit application reauirina a ROGO or NROGO allocation
award. includina applications submitted under privatized plan review as provided
for bv Chapter 553. Florida Statutes. shall be accepted for entry into the ROGO
or NROGO systems under this chapter. unless the buildina permit application is
submitted to the buildina department thirty (30) days prior to the end of the
allocation period appropriate for that application.
Sec. 9.5-115 - Sec. 9.5-118 rReservedl
I Underlined text is new.
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PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 5th day of June, 2003.
Fred Gross, Director, Lower Keys Planning Team (Chair)
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, DCR Chair
Signed this 6th day of June, 2003
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