§ 138-25. Application Procedures for Residential ROGO.

(a)

Deadlines for submission of building permit applications to be entered into the residential permit allocation system. No approved building permit application requiring a ROGO allocation award, including applications submitted under privatized plan review as provided for by Chapter 553, F.S., shall be accepted for the entry into the ROGO system under this chapter, unless the building permit application is submitted to the Building Department at least 30 days prior to the end of the allocation period appropriate for the application. A submission 30 days prior does not guarantee that it will be eligible to enter ROGO that quarter if it has not passed all required reviews.

(b)

Application for allocation. In each quarterly allocation period, the Planning and Environmental Resources Department shall accept applications to enter the residential ROGO system. Except for allocations to be reserved and awarded under Section 138-24(b), the ROGO application must be accompanied by an approved building permit application in order to be considered in the current allocation period. The Planning Director, or his or her designee, shall review the ROGO application for completeness. If the application is determined to be incomplete, the Planning Director, or his or her designee, shall reject the ROGO application and provide a written notice to the applicant specifying the application's deficiencies and the reasons therefore, within fifteen (15) working days. The Planning Director or his or her designee shall take no further action on the application unless the deficiencies are remedied. The application shall be assigned a controlling date that reflects the time and date of its submittal unless the application is determined to be incomplete. If the application is rejected, then the new controlling date shall be assigned when a complete application is submitted.

(c)

Application requirements. The ROGO application shall be submitted in a form provided by the Planning and Environmental Resources Department and meet the following requirements:

(1)

The application shall include a) the name and address of the property owner(s) of record and any authorized agents, to which certified notice of an allocation award will be mailed, if awarded, b) the property record card(s) from the Monroe County Property Appraiser, c) a written legal description of the property proposed for development, d) a boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage, and total acreage by habitat and e) a site plan. The boundary survey and site plan may be filed with the corresponding building permit application. Additional copies of the boundary survey and site plan are not required to be filed with the ROGO application.

(2)

If a conditional use permit is required in accordance with this Land Development Code for the development applied for, the conditional use permit shall be obtained and effective prior to submittal of any ROGO application. A copy of the recorded development order shall be submitted with the ROGO application.

(3)

The site plan shall be prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals 20 feet. At a minimum, the site plan shall depict the following features and information:

a.

Date, north point and graphic scale;

b.

Boundary lines of site, including all property lines and mean high-water lines shown in accordance with Florida Statutes;

c.

All attributes from the boundary survey;

d.

Future Land Use Map (FLUM) designation(s) of the site;

e.

Land Use (Zoning) District designation(s) of site;

f.

Tier designation(s) of the site;

g.

Flood zones pursuant to the Flood Insurance Rate Map;

h.

Setback lines as required by this Land Development Code;

i.

Locations and dimensions of all existing and proposed structures, including all paved areas and clear site triangles;

j.

Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants;

k.

Extent and area of wetlands, open space preservation areas and conservation easements;

l.

Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally-recognized mapping by the U.S. Fish and Wildlife Service);

m.

Drainage plan including existing and proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas;

n.

Location of fire hydrants or fire wells;

o.

The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on-site system proposed to meet required county and State of Florida wastewater treatment standards; and

p.

A table providing the total land area of the site, the total buildable area of the site, the type and number of all dwelling units, the amounts of impervious and pervious areas, and calculations for land use intensity, open space ratio, and off-street parking.

(d)

Fee for review of application. Each ROGO application shall be accompanied by a nonrefundable processing fee established by resolution of the BOCC. Additional fees are not required for successive review of the same ROGO application unless the application is withdrawn and resubmitted.

(e)

Compliance with other requirements. The ROGO application shall not constitute an indication of whether or not the applicant for a residential ROGO allocation has satisfied and complied with all county, state and federal requirements otherwise imposed by the County regarding conditions precedent to issuance of a building permit.

(f)

Non-county time periods. The County shall develop necessary administrative procedures and, if necessary, enter into agreements with other jurisdictional entities which impose requirements as a condition precedent to development in the county, to ensure that such non-county approvals, certifications and/or permits are not lost due to the increased time requirements necessary for the county to process and evaluate dwelling unit applications and issue allocation awards. The County may permit evidence of compliance with the requirements of other jurisdictional entities to be demonstrated by "coordinating letters" in lieu of approvals or permits.

(g)

Limitation on number of applications.  

(1)

An individual entity or organization may submit only one (1) ROGO application per dwelling unit in each quarterly allocation period.

(2)

There shall be no limit on the number of separate parcels for which ROGO applications may be submitted by an individual, entity or organization.

(3)

A ROGO application for a given parcel shall not be for more dwelling units than are permitted by applicable zoning or land use regulations or the Comprehensive Plan.

(h)

Expiration of allocation award. Except as provided for in this article, an allocation award shall expire when its corresponding building permit is not picked up after 60 days of notification by certified mail of the award, or, after issuance of the building permit, upon expiration of the permit or after failure of the applicant to submit required plan revisions by the required date set forth in subsection (k) or after the failure to conclude the required coordination with FWS under the Permit Referral Process in Section 122-8(d)(5).

(i)

Revisions of ROGO applications and awards.  

(1)

An applicant may elect to revise a ROGO application to increase the competitive points in the application without prejudice or change in the controlling date if a revision is submitted on a form approved by the Planning Director to the Planning and Environmental Resources Department no later than 30 days following the Planning Commission approval of the previous ROGO rankings. Any such revision shall not involve changes to the approved building permit application. All other applications that are withdrawn and resubmitted that do not increase the competitive points or involve revisions to the approved building permit application shall be considered new, requiring payment of appropriate fees and receiving a new controlling date.

(2)

After receipt of an allocation award, and either before or after receipt of a building permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to any aspect of the proposed residential development which formed the basis for the evaluation review, determination of points and allocation rankings, unless such revision would have the effect of increasing the points awarded, without the removal of any lot aggregation or land dedication or removal of an affordable housing deed restriction or density reduction restrictive covenant.

(j)

Clarification of application data.  

(1)

At any time during the residential ROGO allocation review and approval process, the applicant may be requested by the Planning Director or the Planning Commission to submit additional information to clarify the relationship of the allocation application, or any elements thereof, to the evaluation criteria. If such a request is made, the Planning Director shall identify the specific evaluation criterion at issue and the specific information needed and shall communicate such request to the applicant.

(2)

Upon receiving a request from the Planning Director for such additional information, the applicant may provide such information, or the applicant may decline to provide such information and allow the allocation application to be evaluated as submitted.

(k)

Revisions of building permit applications requiring the ROGO allocation(s). A building permit application for a proposed dwelling unit requiring a ROGO allocation must be approved prior to submitting a ROGO application. In the event that the Florida Building Code is amended between the date that a ROGO application is submitted and the date on which a building permit, requiring the ROGO allocation(s) applied for, is issued (which follows the date on which the required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to the building permit application demonstrating full compliance with the current Florida Building Code in effect. These plan revisions shall be submitted within 180 days of the ROGO allocation award date or the applicant shall forfeit the ROGO allocation award. Following receipt of the plan revisions, the Building Department shall review the revisions as if the application is new (however retaining the same building permit number for administrative purposes), based on the building code, for compliance prior to issuance of the building permit requiring the ROGO allocation(s) by the Building Official. Such mandatory revisions and review are limited to the modifications necessary to demonstrate compliance with the Florida Building Code in effect at the time of building permit issuance. This is not applicable to the Land Development Code.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)