Resolution 244-1988
Planning Department
RESOLUTION NO. 244 -1988
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
ON BEHALF OF MONROE COUNTY A MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE
COUNTY IN ORDER TO EXEMPT CERTAIN TYPES OF
COUNTY DEVELOPMENT ORDERS FROM CHAPTER 9J-1,
F.A.C. REVIEW.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor of Monroe County is hereby
authorized to execute on behalf of Monroe County a Memorandum of
Understanding by and between the Florida Department of Community
Affairs and Monroe County, a copy of same being attached hereto,
in order to exempt certain types of County Development Orders
from Chapter 9J-l, F.A.C. review.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of June, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By &~,...t
ay a1rman
(Seal)
Attes t: DANNY 1.. KOLHAGE, Clerk
~L'" ~/12~
IlPPROVED AS TO FORM
A/I/O LEGll{, surnCfEhCy.
, -"~,
-'
:J.---..- '_~~-::';"-~~'-";'';';;':'''''';;''':,-...:..;..__.....;."~:;;_;;;..-:-._..._.".... ,_,,.,~ ~..;.:_~:~~~~_---.-._...
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM of understanding is being entered into by
and between the Florida Department of Community Affairs (DEPART-
MENT) and Monroe County (COUNTY) to provide better coordination
between the DEPARTMENT and the COUNTY in the implementation of
Section 380.05, Florida Statutes (F. S. ), and the Monroe County
Comprehensive Plan and land development regulations.
WHEREAS, the COUNTY has been declared an Area of Critical
State Concern pursuant to 380.05, F.S., and has subsequently
adopted a comprehensive land use plan and land development
regulations which have been approved by the state as provided for
in 380.05, F.S.; and
WHEREAS, the COUNTY is required to issue development orders
only in conformity with its approved comprehensive land use plan
and land development regulations; and
WHEREAS, the DEPAR~mNT is authorized to appeal any COUNTY
development order to the Florida Land and Water Adjudicatory
Commission if the DEPARTMENT determines that the development
order was issued in error; and
WHEREAS, the DEPARTMENT is the state land planning agency
authorized to administer Chapter 380.05, F.S., and has promulgat-
ed Chapter 9J-l, Florida Administrative Code (F.A.C.), to provide
for the form and manner of the rendition of development orders
issued by local governments within areas of critical state
concern; and
WHEREAS, the DEPARTMENT is authorized to enter into
agreements with governmental agencies to effectuate the
provisions and purposes of Chapter 380, F.S.; and
...:
WHEREAS, the DEPARTMENT and the COUNTY desire to improve
their coordination for the purpose of better implementation of
their respective responsibilities and better service to the
public welfare; and
WHEREAS, the DEPARTMENT and the COUNTY have determined that
the processing and rendition of local development orders provides
an area of opportunity for such cooperation; now, therefore,
THE DEPARTMENT AND THE COUNTY DO MUTUALLY AGREE AS FOLLOWS:
-_...~~
I. Exemptions.
A. The DEPARTMENT, as provided in Rule 9J-l.002(3),
F.A.C., does hereby exempt certain categories of COUNTY develop-
ment orders from DEPARTMENT review.
B. The exemption for development orders properly issued in
accordance with the County's comprehensive land use plan and land
development regulations, applies to the following types of
development orders:
1. Detached dwelling units permitted as of right in
IS subdivisions where no land clearing or fill is required.
2. Placement or replacement of mobile home units in
Urban Residential-Mobile (URM) and CFSD Land Use Districts
only.
3. Residential remodeling repairs which involve no
expansion of the building line, no increase in intensity of
use, do not constitute a substantial improvement, and comply
with Section 6-201 of the Monroe County land development
regulations (LDR).
4. Fences, when the County Biologist determines that
a biological survey is not needed.
5. Accessory uses where a primary use has been
permitted except for clearing and fill activities.
C. The exemptions established in I. A. and B. herein shall
terminate with
the
termination
of
this
memorandum of
understanding.
D. The DEPARTMENT may also, at its own discretion, waive
from the rendition requirement of Chapter 9J-l, F.A.C., all other
as of right uses and minor conditional uses.
II. Notification and Cooperation.
.ti
A. With the exception of those development orders exempted
in section 1. B. above, the COUNTY agrees to imprint all other
development orders with cautionary language stating that pursuant
to Chapter 9J-l, F.A.C., the order is not effective for 45 days
after it has been properly rendered to the DEPARTMENT and that
within that 45 day review period the DEPARTMENT can appeal the
order to the Florida Land and Water Adjudicatory Commission and
2
that the appeal stays the effectiveness of the development order
until the appeal is settled by agreement or order.
B. The COUNTY agrees to transmit to the DEPARTMENT within
five days after verification of completeness all land clearing or
filling permit applications so that the DEPARTMENT can review the
application at the same time that the County Biologist reviews
it. Before the COUNTY issues a clearing or filling permit, the
DEPARTMENT will have ten days after receipt of the application to
review and comment upon it. The COUNTY will consider the Depart-
ment's comments when issuing a clearing or filling permit.
C. The COUNTY and the DEPARTMENT will cooperate in an
ongoing process to better define the types of development and
development orders that are of concern to the DEPARTMENT With
the exception of those development orders exempted in section I.
B. above, the COUNTY will continue to transmit or deliver to the
Department's Field Office all other development orders as spec-
ified in Administrative Chapter 9J-l, F.A.C.
D. The COUNTY recognizes that proper administration of its
comprehensive land use plan and land development regulations
reduces the need for intervention by the DEPARTMENT and both
parties agree to pursue the goal of removal of the area of
critical state concern designation in accordance with Section
380.0552(4), F.S.
E.
The COUNTY shall submit,
semi-annually to the
DEPARTMENT, an exempted permit quantity report which will
identify, as to each exempted permit issued during the reporting
period, the following:
1. Name(s) of the app1icant(s);
2. Type of permit;
..;
3. Size of the parcel'for which the permit was
issued;
4. Date of the application and date of permit issue;
5. Location of the permit site;
6. Estimated cost of construction;
7. Floodplain management zone of the permit site;
8. Whether the permit was for renovation of an
existing structure or new construction;
3
9. If the permit was for an accessory use, what type.
Following the receipt of the semi-annual report, the DEPARTMENT
shall conduct an audit of the exempted development orders. If,
based upon the audit, the Secretary of the DEPARTMENT has any
particular concerns regarding the administration of the County's
comprehensive land use plan and land development regulations, he
s~all notify the Mayor of the COUNTY by letter of such concerns.
Upon receipt of notification, the Mayor shall report within 30
days to the Secretary as to what measures the COUNTY is taking to
address the Secretary's concerns.
III. Modifications.
Modifications to this memorandum of understanding shall only
be valid when they have been reduced to writing and duly signed
by each of the parties hereto.
IV. Termination.
Either party may terminate this memorandum of understanding.
Termination shall take effect 14 days after receipt of notifica-
tion as evidenced by a certified mail, return receipt.
V. Effectiveness.
This Memorandum of Understanding shall become effective upon
execution by both parties, and shall end upon the termination of
the Florida Keys Area of Critical State Concern designation
unless terminated earlier according to paragraph IV.
IN WITNESS WHEREOF, the parties have executed this Memoran-
dum of Understanding as of the date written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~-
Mayor/Chairman
....
(SEAL)
Attest:
Clerk
4
- ...-..- ~-"_.
(SEAL)
Attest:
-,--..-- ,~~,~","~,~-...',..,...-......~..~-. "....-,..., "
-~
......
.~
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By
4P'/'')r?C~_rr: --(: "(.:
/.,,":r:~~ l' ,,',---/ ~) ::?
..--- __. //,"'" . ._./ ,-'.-7 ....,_.~ __-:-'
"I' f~-:lr~ /,~~ ~~~ -,. '__
Alt.?'N'i/rOd/~ -
..
"
5