§ 33G-10. Extension of permits and reservations of concurrency capacity.

(a)

Notwithstanding any provision of this code to the contrary, the Directors of the Departments of Planning and Zoning, Public Works, Environmental Resources Management and Water and Sewer shall upon application, review and receipt of a fee established by the Board of County Commissioners or 10 percent of the initial permit or agreement fee, whichever is greater, extend for a single period of two years the time within which the permits or agreements described in (c) below are scheduled to expire. Such extensions shall be granted only for those active permits or agreements for development projects that are in substantial compliance with permit conditions and applicable requirements of this code, and that are in effect as of October 1, 2008 or are issued or executed prior to October 1, 2010. Such extensions shall be in addition to, and not in place of, other extensions granted pursuant to other provisions of this Code.

(b)

Reservations of concurrency capacity under Chapter 33G of this Code for intermediate and final development orders that are either in effect as of October 1, 2008, or become effective prior to October 1, 2010, shall upon application, review and receipt of a fee established by the Board of County Commissioners or 10 percent of the initial concurrency capacity reservation fee, whichever is greater, be extended for two years beyond the date the reservation of capacity is scheduled to expire. Extensions shall apply both to initial reservation of capacity or reservations that have previously been extended through the procedures in Sections 2-114.1, 2-114.2, 2-114.3 or 2-114.4 of this Code. It is provided, however, that extensions pursuant to this section may extend the reservation of capacity only up to, and not more than, five years after final plat approval.

(c)

Permits and agreements eligible for extension of expiration dates shall include only reservations of concurrency capacity and the following listed development permits and agreements that are issued administratively by the departments and are not subject to initial approval at public hearing.

Department of Planning and Zoning:

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Extension of concurrency capacity

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ZIP 0002 farm buildings

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ZIP 0003 construction trailers, etc.

Public Works Department:

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Paving and drainage permits for new construction

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Agreement for construction and maintenance of subdivision improvements (infrastructure construction and maintenance bond)

Department of Environmental Resources Management:

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Class I coastal construction/wetland

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Class I mangrove trimming permit

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Class II overflow/outfall system permit

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Class III canal right-of-way work

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Class IV wetland, permit (noncoastal and non-rockmining)

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Class IV wetland rockmining

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Class VI drainage nonresidential with contamination

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Natural forest community permit

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Water extension

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Water treatment system (private well)

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Industrial waste pretreatment (IWP)

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Tree removal permit

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Air construction permit, county

Water and Sewer Department:

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Water and sewer agreements

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Water and sewer construction plans

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Water and sewer verification forms

(d)

Such extensions shall not be granted where the director of the responsible department finds that the extension would create an immediate threat to public safety, health or welfare; would delay or prevent the cure of an ongoing violation of an existing law, regulation or development order; would result in material change or adverse environmental impact; would directly serve unreasonably to delay or impede other neighboring development, to the demonstrated detriment of the local economy; would delay utility permits for upgrade or installation of new utilities in existing neighborhoods; would contravene the due process or other legal rights of parties with a direct interest in the timely fulfillment of the requirements of the development order; or would delay or prevent compliance with a court order, federal or state law, or interlocal agreement with any other government.

(e)

Applications for extensions under this section may be approved for water and sewer agreements only if all plans approvals have previously been obtained and have not expired for the water and sewer extensions for the property covered under said agreement.

(f)

Any extension of a permit or reservation of capacity sought under provisions of state law, if granted, shall run concurrently with extensions granted pursuant to this section.

(g)

The expiration date of any development permit, agreement, or reservation of capacity that has been extended for two years pursuant to paragraphs (a) through (f) above shall be extended for one additional two-year period upon application and payment of the applicable fee. Approval of this additional extension shall be subject to a determination by the director of the responsible department that the requirements of paragraph (d) above have been met. Extensions granted pursuant to this paragraph may extend a reservation of capacity only up to, and not more than, five years after final plat approval. Any second extension of a permit, agreement, or reservation of capacity sought under state law, if granted, shall run concurrently with extensions granted pursuant to this paragraph.

(h)

The expiration date of any development permit, agreement, or reservation of capacity that has not been previously extended for two years pursuant to paragraphs (a) through (g) above shall be extended for two years upon application and payment of the applicable fee, if application is made on or before the expiration of the permit, agreement, or reservation but not later than September 30, 2012. Approval of this extension shall be subject to a determination by the director of the responsible department that the requirements of paragraph (d) above have been met. Extensions granted pursuant to this paragraph may extend a reservation of capacity only up to, and not more than, five years after final plat approval. Any extension of a permit, agreement, or reservation of capacity sought under state law, if granted, shall run concurrently with extensions granted pursuant to this paragraph.

(Ord. No. 10-14, § 1, 2-2-10; Ord. No. 11-60, § 1, 8-2-11)