HomeMy WebLinkAboutTransmission Verification ReportDEPARTMENT OF PUBLIC WORKS
Building and Zoning
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Wit`
L O R D A
GROWTH MANAGEMENT
Director
MEMORANDUM
St Lucie County Senate Bill 360 Statutory Extension Procedures
Senate Bill 360 provides for the automatic two-year extension of FDEP and SFWMD
permits and "any local government -issued development order or building permit' that
has an expiration date of September 1, 2008 through January 1, 2012.
Applicants for potentially eligible development orders and building permits must
provide a letter to St Lucie County no later than December 31, 2009 requesting
the extension and provide the information required under Section 14, subsection
3. An abbreviated form of Section 14 can be found at the end of this
memorandum.
• A fee of $500.00 to cover the cost of reviewing and processing extension
requests must accompany the written request. (There is a $75 fee for extensions
of building permits not associated with a development order.)
Once a statutory extension request letter is received, staff will evaluate each
request and make a determination of whether the application is substantially in or
out of compliance with the conditions of the development order or building permit.
In general this review will consist of evaluating each development order for timely
addressing of approval conditions. Failure to timely meet conditions of approval
that involve dedications of right-of-way, installation of required infrastructure,
code enforcement violations or non-payment of proportionate fair share are
examples of significant noncompliance.
Applications found to be in significant noncompliance will be issued a warning
letter, notice of violation, and/or be subject to initiation of formal enforcement as
applicable. The letter will provide a compliance deadline of December 31, 2009,
past which the application will be determined to be ineligible for the statutory
extension.
All other requests for statutory extension must be found to be in significant
compliance with all approved development order conditions of approval no later
than December 31, 2009.
Applications found to be substantially compliant with the conditions of approval
will have a Growth Management Order prepared memorializing the extension.
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The extended project is then entered into the GM and/or Building Permit
database for further tracking and monitoring. The recorded GM order will be
forwarded to the applicant.
• Statutory development order extensions will be granted for two -years from the
date of County approval expiration.
• Should staff be unable to determine if a request for statutory extension is not in
significant noncompliance, the item may be referred to the BOCC for action.
Should a request be denied by staff, any appeal would be to the BOCC.
• Statutory extensions and Land Development Code extensions run concurrently.
Once the statutory extension expires, there is no eligibility for a further LDC
extension and those wishing to pursue the project must reapply.
• Included in the Growth Management order and building permit extension letter
memorializing the statutory extension is language advising that St. Lucie County
is a party to the lawsuit challenging the constitutionality of SB 360. Should the
lawsuit be successful and SB 360 is ruled unconstitutional, the extension
provided therein will be void.
• Because of the uncertain nature of SB 360, it is recommended that potentially
eligible projects consider applying for the extensions available in the St Lucie
County Land Development Code. The cost is $1,500.00.
If you have questions or require further information, please do not hesitate to contact
the Growth Management Department at 772-462-2822. For questions regarding
Building Permits, please contact Chris Lestrange at 772-462-3755
Mark Satterlee, AICP
Growth Management Director
satterleem(c)stlucieco.org
Chris Lestrange, CBO
Building Official
lestrangec(d)stlucieco.org
Section 14 of Senate Bill 360 is paraphrased as follows:
Subsection (1) provides for the automatic two-year extension of FDEP and
SFWMD permits and "any local government -issued development order or
building permit' that has an expiration date of September 1, 2008 through
January 1, 2012.
Subsection (2) states that required mitigation for phased projects is also
extended.
Subsection (3) requires that those eligible for an extension must notify the
authorizing agency by December 31, 2009 and include the specific authorization
for which the holder intends to use the extension and the anticipated timeframe
for acting on the authorization.
Subsection (4) states the extensions provided for in subsection (1) to not apply to
(a) Army Corp of Engineer permits; (b) permit holders determined to be in
"significant noncompliance" with the conditions of their permit established
through issuance of a warning letter, notice of violation, initiation of formal
enforcement.
Subsection (5) states that all approvals being extended are only subject to the
rules in effect at the time of approval.
Section (6) states that those receiving development approval extensions must
adequately maintain their property
TRANSMISSION VERIFICATION REPORT
TIME
11/13/2009 12:40
NAME
ST LUCIE CO
FAX
7724621578
TEL
7724621576
SER.0
BROL4J160710
DATEJIME
11/13 12:38
FAX NO./NAME
92293538
DURATION
00:01:29
PAGE(S)
04
RESULT
OK
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