§ 138-28. Evaluation Criteria (ROGO).

(a)

Residential Evaluation Criteria. The point values established on the following pages are to be applied cumulatively:

For all applications entering the Residential Permit Allocation system after July 13, 2016, the following points and criteria shall apply:

(1)

Tier designation. Utilizing the Tier System for land classification, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages development in areas with environmentally sensitive upland habitat which are targeted for acquisition and the retirement of development rights for resource conservation and protection.

Point Assignment:	Criteria (Outside Big Pine Key and No Name Key):
+10	Proposes a dwelling unit within areas designated Tier I [Natural Area]
+20	Proposes development within areas designated Tier III-A [Special Protection Area].
+30	Proposes development within areas designated Tier III [Infill Area].

 

Point Assignment	Criteria (Within Big Pine Key and No Name Key):
+0	Proposes a dwelling unit within areas designated Tier I [Natural Area] on Big Pine Key and No Name Key
+10	Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key or No Name Key].
+20	Proposes development within areas designated Tier III [Infill Area] on Big Pine Key or No Name Key.

 

(2)

Big Pine and No Name Keys. The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan (HCP) and the Livable CommuniKeys Community Master Plan.

Point Assignment:	Criteria (Within Big Pine Key and No Name Key):
-10	Proposes development on No Name Key.
-10	Proposes development in designated Lower Keys marsh rabbit habitat or buffer areas as designated in the HCP.
-10	Proposes development in Key Deer Corridor as designated in the HCP.

 

(3)

Wetlands. The following points shall be assigned to allocation applications on Tier III parcels which have sufficient upland to be buildable (min of 2,000 sq. ft. of uplands) but also contain wetlands which require 100 percent open space pursuant to the Monroe County Comprehensive Plan and that are located adjacent or contiguous to Tier I properties.

Point Assignment	Criteria
-3	Tier III parcels adjacent or contiguous to Tier I properties and containing 50% or less of the following:    1. Submerged lands.  2. Mangroves (excluding tidally inundated mangrove shoreline fringes).  3. Salt ponds.  4. Fresh water wetlands.  5. Fresh water ponds.  6. Undisturbed salt marsh and buttonwood wetlands.
-5	Tier III parcels adjacent or contiguous to Tier I properties and containing more than 50% of the following:    1. Submerged lands.  2. Mangroves (excluding tidally inundated mangrove shoreline fringes).  3. Salt ponds.  4. Fresh water wetlands.  5. Fresh water ponds.  6. Undisturbed salt marsh and buttonwood wetlands.
Notes: Adjacent means land sharing a boundary with another parcel of land. An intervening road, right-of-way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1. Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements. Subsection (3) applies to new applications for Tier III parcels entering the permit allocation system after January 13, 2013.

 

(4)

Aggregation. The following points shall be assigned to allocation applications to encourage the voluntary reduction of density, for the retirement of development rights through aggregation of parcels and for the purpose of retirement of development rights through aggregation of legally platted buildable lots.

Point Assignment:	Criteria: (Outside Big Pine Key and No Name Key): 1, 2, 3, 4, 5, 6
+3 per lot/parcel aggregated	Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier I area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.   Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier I area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.
+4 per lot/parcel aggregated	Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier III-A (SPA) area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.   Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier III-A (SPA) area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.
+6 per lot/parcel aggregated	Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.   Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.
Applies to new applications entering the permit allocation system after July 13, 2016.
Any parcels (includes lots) aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Section 118-9) for the primary and aggregated parcels combined, and the remainder of the parcels shall be placed under a conservation easement disallowing any clearing of native habitat.
The County shall not allow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and/or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation.
A legally binding, restrictive covenant running in favor of the county and enforceable by the County, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the aggregation include, but are not limited to, unity of title, conservation easement, affidavit of no encumbrance(s), entity affidavit, joinder(s) subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award.
Eligibility: For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots shall not be subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were approved on the Plat.
When proposing the aggregation of parcels with differing tier designations, points shall be assigned based upon the parcel proposed to be aggregated with the primary parcel and the location of the residential dwelling unit.

 

 

Point Assignment:	Criteria (Within Big Pine Key and No Name Key): 1, 2, 3, 4, 5, 6
+3 per lot/parcel aggregated	Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.   Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified
+4 per lot/parcel aggregated	Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier I area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.   Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier I area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified.
Applies to new applications entering the permit allocation system after July 13, 2016.
Any parcels (includes lots) aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Section 118-9) for the primary and aggregated parcels combined, and the remainder of the parcels shall be placed under a conservation easement disallowing any clearing of native habitat.
The County shall not allow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and/or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation.
A legally binding, restrictive covenant running in favor of the county and enforceable by the County, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the aggregation include but not limited to unity of title, conservation easement, affidavit of no encumbrance(s), entity affidavit, joinder(s) subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award.
For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots shall not be subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were approved on the Plat.
When proposing the aggregation of parcels with differing tier designations, points shall be assigned based upon the parcel proposed to be aggregated with the primary parcel and the location of the residential dwelling unit.

 

(5)

Land dedication. The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas, Tier II (Big Pine Key and No Name Key), Tier III-A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of retirement of development rights or providing land for affordable housing where appropriate. Applicants can utilize lands dedicated pursuant to Policy 101.5.26; however, submerged lands (inundated by water) shall not be eligible for land dedication.

Point Assignment:	Criteria: (Outside Big Pine and No Name Key):
+4 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III for affordable housing, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+5 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+4 for each parcel	Proposes dedication to Monroe County of one (1) vacant parcel with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant parcel that meets the aforementioned requirements will earn points as specified.
+1 for each platted lot	Proposes dedication to Monroe County of a vacant, legally platted lot within a Tier I area, designated as Residential Low containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+0.5 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot within a Tier I area, designated as Residential Conservation containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+2 for each parcel	Proposes dedication to Monroe County less than one (1) acre of vacant, unplatted land located within a Tier I area containing a minimum of 2,000 square feet of uplands. Each additional parcel with vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+4 for each acre	Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing a minimum of 2,000 square feet of uplands. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+2 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+2.5 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier I, containing a minimum of 2,000 square feet of uplands and not designated as Residential Conservation or Residential Low. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+2 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III-A (Special Protection Area-SPA) containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+2 for each parcel	Proposes dedication to Monroe County less than one (1) acre of vacant, unplatted land located within a Tier III-A area containing a minimum of 2,000 square feet of uplands. Each additional parcel with vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+3 for each parcel	Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier III-A area containing a minimum of 2,000 square feet of uplands. Each additional parcel with vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
Additional Requirements
	A statutory warranty deed that conveys the dedicated property to the county shall be approved by the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the land dedication may include, but are not limited to, affidavit of no encumbrance(s), entity affidavit, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award.

 

 

Point Assignment:	Criteria (Within Big Pine Key and No Name Key):*
+2 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier I on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+4 for each acre	Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+2 for each parcel	Proposes dedication to Monroe County less than one (1) acre of vacant, unplatted land located within a Tier I area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional parcel with vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+2 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier II on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+3 for each acre	Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier II area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+2 for each parcel	Proposes dedication to Monroe County less than one (1) acre of vacant, unplatted land located within a Tier II area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional parcel with vacant, unplatted land that meets the aforementioned requirements will earn points as specified.
+5 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
+4 for each parcel	Proposes dedication to Monroe County of one (1) vacant parcel, designated as Tier III on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant parcel that meets the aforementioned requirements will earn points as specified.
+2 for each platted lot	Proposes dedication to Monroe County of one (1) vacant, legally platted lot on Big Pine Key or No Name Key which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified.
Additional Requirements
	A statutory warranty deed that conveys the dedicated property to the county shall be approved by the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the land dedication may include but are not limited to affidavit of no encumbrance(s), entity affidavit, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award.

 

(6)

Market rate housing in employee or affordable housing development. The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing development:

Point Assignment:	Criteria:
+6	Proposes a market rate housing unit which is part of an affordable or employee housing project; both affordable and employee housing shall meet all the requirements set forth in Sec. 139-1.

 

(7)

Special flood hazard areas. The following points shall be assigned to allocation applications for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high flood hazard areas:

Point Assignment:	Criteria:
-6	Proposes structures requiring an allocation within "V" zones on the FEMA flood insurance rate maps.
-4	An application for which development is proposed within a CBRS unit.

 

(8)

Central wastewater system availability. The following points shall be assigned to allocation applications to direct development to areas with sewer:

Point Assignment:	Criteria:
+4*	Proposes development required to be connected to a central wastewater treatment system that meets the AWT treatment standards established by Florida Legislature and Policy 901.1.1.
*These points shall not apply to parcels within a CBRS system unit.

 

(9)

Payment to the Land Acquisition Fund. Up to two (2) whole points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately-owned, buildable IS/URM zoned, platted lots.

Additional Requirements:

1.

The monetary value of each point shall be established annually by resolution of the BOCC.

2.

The monetary value of each point shall be based upon the average fair market value of privately-owned, buildable, vacant, IS/URM, platted lots divided by four.

3.

Payment to the County's land acquisition fund shall be prior to the issuance of any building permit pursuant to the allocation award.

(10)

Energy and Water Conservation. The following points shall be assigned to allocation applications on lands designated as Tier III to encourage the planting of native vegetation and promote water conservation and increased energy efficiency:

Point Assignment:	Criteria:
+3	Proposes a dwelling unit designed according to and certified to the standards of a sustainable building rating or national model green building code.
+1	Dwelling unit includes installation of a permanent concrete cistern with a minimum capacity of 1,000 gallons.
+2	Dwelling unit includes the installation of a gray water reuse system, meeting the requirements of the Florida Building Code.
+1	Dwelling unit includes installation of a solar photovoltaic collection system, a minimum of 3KW in size or the equivalent in other renewable energy systems.*
+0.5	Dwelling unit includes installation of one or both of the following technologies:* a. Ductless air conditioning system. b. High efficiency chillers.
* The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a functional equivalent or increased energy or water savings.

 

(11)

Perseverance Points.

Point Assignment:	Criteria:
+1 for four years	For parcels designated Tier I, II or III-A, one (1) point shall be awarded for each year that the allocation application remains in the allocation system up to four (4) years.
+0.5 after four years	After four (4) years, the application shall be awarded 0.5 points for each year the application remains in the system.
+2 for four years	For parcels designated Tier III, two (2) points shall be awarded for each year that the allocation application remains in the allocation system up to four (4) years.
+1 after four years	After four (4) years, the application shall be awarded one (1) point for each year the application remains in the system.
Applications entering the ROGO system after July 13, 2016, shall receive perseverance points as listed above.   Applications in the ROGO system on the effective date of the ordinance which were receiving perseverance points beyond the first four years in the system at an annual rate of +2 points for each year that the application remains in the ROGO system, shall be eligible to continue to earn points at an annual rate of +2 points for each year that the application remains in the ROGO system.   All other applications competing in the ROGO system that have not received an allocation award in quarter 4, ROGO year 24, ending July 12, 2016, shall receive perseverance points as listed above.

 

(12)

The County shall not allow the reversal of any 'acreage tract density reduction,' previously approved restrictive covenant by the County and recorded in the official records of Monroe County, Florida, and used to assign extra points to a ROGO application, regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same parcel(s) will be assigned the same number of extra points originally assigned for the 'density reduction.'

(13)

All applicants in the ROGO system upon the effective date of the ordinance from which this article is derived shall be notified by regular mail within 30 days from the effective date of the ordinance from which this article is derived by the county Planning and Environmental Resources Department of the new ROGO scoring system. In this notification, applicants shall be informed that they have 30 days from the date of the notification, if they so choose, to submit a revision to their ROGO application to receive positive points through aggregation, land dedication, or payment of fees to the land acquisition fund. Within this one-time, 30-day time period, applicants shall be able to revise their applications without payment of fees or a change in their controlling date upon condition that their approved building permit application is not revised.

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