Resolution 420-2005
RESOLUTION 420 -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE GROWTH
MANAGEMENT DIVISION DIRECTOR TO TOLL
THE TIME LIMIT REQUIREMENTS FOR
OBTAINING A BUILDING PERMIT OR REQUIRED
PERMIT INSPECTIONS FOR PROPERTIES
ADVERSEL Y IMPACTED BY THE COURT
ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE
POLICIES UNDER THE NATIONAL FLOOD
INSURANCE PROGRAM PENDING RESOLUTION
OF SAME, OR 180 DAYS, WHICHEVER FIRST
OCCURS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING DIRECTOR TO
FORWARD A CERTIFIED COpy OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the U.S. District Court for the Southern District of Florida entered a
permanent injunction preventing the Federal Emergency Management Agency ("FEMA")
from issuing flood insurance policies for residential and commercial development
commenced after September 9, 2005, until such time as U.S. Fish and Wildlife Service
has demonstrated compliance with that Court's order of March 20,2005; and
WHEREAS, the Court's Orders have imposed severe limitations on new
construction for all but the most wealthy property owners in the affected areas; and
WHEREAS, the Growth Management Division staff estimates that over 60
percent of the applicants recently receiving ROGO allocation awards are adversely
affected by the injunction; and
WHEREAS, Section 9.5-122.1(g), Monroe County Code dictates that the ROGO
allocation award and corresponding building permit expire within sixty (60) days of
notification from the date of the mailing of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code
provides that permits shall become null and void unless work authorized by the permit is
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commenced within 180 days or required inspections are conducted within 180 days from
the last required inspection; and
WHEREAS, an unknown number of these applicants receIvmg a ROGO
allocation award or permit holders may be financially unable to proceed with the
financing and construction of their homes without federally backed flood insurance; and
WHEREAS, it is uncertain how long the Court ordered injunction on issuance of
flood insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes; and
WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit time limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects; and
WHEREAS, the Growth Management Division staff has prepared this resolution
based on the direction provided by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
to toll the time limits of Section 9.5-122.1(g) and Section 6-20, Monroe County Code for
any applicant receiving a ROGO allocation award or building permit holder that meets
the following criteria:
1) The property, which is the subject of the ROGO allocation award or
building permit, is on the list of parcels subject to the Court ordered
injunction for new flood insurance; and
2) The holder of the ROGO allocation award or building permit shall provide
written proof to the Building Department of the denial of either an
application for flood insurance for the subject property or denial of
financing by a lender due to the inability to obtain flood insurance.
Section 2. The applicable ROGO allocation award or building permit that meets all
the criteria in Section 1 above may be tolled for a maximum of 180 days or until the
injunction is stayed or lifted, whichever comes first.
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Section 3. This resolution shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency ofthis ordinance with Chapter 380 ofthe Florida Statutes.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the
state of Florida, but shall not become effective until approved by the Department of
Community Affairs or Administrative Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of November,
2005.
Mayor Charles "Sonny McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Nugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~<L.~)b~ By
Deputy Clerk
MaYOr~erson
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