Development & Regulatory ABC’s in the Florida Keys.
The following is a list of the most common acronyms associated with Development, Permitting and Government Regulation in the Keys with a brief description and explanation of how it impacts or integrates into the overall development picture.
ACOE: Army Corps of Engineers. Establishes Jurisdictional Wetland Boundaries which describe buildable vs. non-buildable areas. The ACOE is one of the agencies responsible for permitting of docks and seawalls as well as federal enforcement of environmental wetland regulations.
BPAS: Building Permit Allocation System. See ROGO
BFE: Base Flood Elevation.
Described by “A”,”V”, “X” and soon “Coastal A” Flood zones.
“A” Zones: The BFE is measured from the top of the lowest living level.
“V” Zones: The BFE is measured from the lowest structural member supporting the lowest living area
“X” Zones: Outside the Special Flood Hazard.
“Coastal A” Zone: BFE measured as an “A” Zone with “V” zone construction standards for the DSE.
DEO: Department of Economic Opportunity. State Agency responsible for managing the Monroe County Area of State Critical Concern including ROGO and BPAS.
Note:
Monroe County is the only county in the State of Florida designated as an Area of State Critical Concern
El. Cert: Elevation Certificate. Required survey establishing the elevation of the various floors in a structure relative to the Flood Elevation.
FAR: Floor Area Ratio. The % of the parcel size that can be developed with structures based on the Intensity of Use.
FDEP: Florida Department of Environmental Protection. Responsible for State level permitting of docks, seawalls and wetlands enforcement.
FEMA: Federal Emergency Management Agency. Responsible for managing the NFIP (National Flood Insurance Program) which provides Subsidized flood insurance and for establishing flood zones and flood elevations.
FDOT: Florida Department of Transportation. Providing curb cuts onto State Roads (US#1)
FKAA: Florida Keys Aqueduct Authority. Manages water supply into the Keys and sewer systems in various parts of the Keys.
FLUM: Future Land Use Map. Super-Land Use Classification established to control future development and re-development under which the various Land Use or Zonings exist.
LDR’s: Land Development Regulations. The development code which includes Zoning classifications, Bulk Regulations (Setbacks, building heights, FAR’s. OSR’s,) Density & Intensity Tables, Parking and Landscaping Requirements, etc.
LOS: Level of Service. The Comprehensive Land Use Plan contains provisions that are designed to Maintain minimum levels of service for roads, hurricane evacuation times, utilities, Etc. NROGO: See ROGO.
OSR: Open Space Ratio. Area of the site open to the sky and not covered by buildings.
ROGO: Rate of Growth Ordinance. Otherwise known as the Building Permit Allocation System or BPAS Dwelling unit allocations.
NROGO or Non-Residential ROGO is the associated allocation on a square foot basis for commercial development. ROGO and BPAS are designed to maintain the LOS for Hurricane Evacuation prescribed by law and part of the Comprehensive Land Use Plan. Allocations for ROGO, NROGO and BPAS are granted by local government based on a scored application that places preference on applications that impose less impacts on the various LOS. The overall allocations are metered out by DEO in 10 year traunches and are subject to the level of service for the 24 and 48-hour hurricane evacuation times. The current 10-year allocation began in 2013 and ends in 2023 at which time it is generally acknowledged that the 24-hour evacuation time will be exceeded which will potentially result in no additional or a reduced number of ROGO or BPAS Allocations going forward. ROGO Lot: (or BPAS dedication lot) Lots which are dedicated to local government as part of the ROGO or BPAS application process which accrue points towards the overall application score.
SFWMD: South Florida Water Management District. Manages and enforces Water Management Policy in South Florida. Permits larger projects (2 plus acres) which impact on water quality as it relates to storm water runoff.
TBR: Transferable Building Right. An existing building right based on a pre-existing dwelling unit that can be transferred via an administrative or conditional use process from a sender site to a receiver site. Also known as a ROGO Exemption. The process varies from the Cities to the County where various rules control the process. In Marathon there is a fee of $40,000 to effect the transfer which is done administratively. In the County it is a Conditional Use. Once the transfer is complete a new dwelling unit can be constructed on the receiver site.
TDR: Transferable Development Right. TDR’s do not convey a building right but provide density to comply with the allocated or max net density of the receiver site. TDR’s are used to convey land area making the sender site unbuildable and the receiver site buildable. The rules for transfer of TDR’s are complex as TDR’s have both quantitative (number) and qualitative (type) features. Once the TDR transfer is effected the receiver site is then eligible for a ROGO or BPAS allocation.
TRE: Transferable ROGO Exemption. The process for transferring a ROGO exemption in Unincorporated Monroe County from a sender site to a receiver site which requires Planning Commission approval. TRU: Transient Residential Unit. The City of Marathon uniquely identifies transient residential dwelling units as campground spaces, RV units or hotel/motel units which can be transferred from one site to another with no transfer fee exacted. TRU’s provide for the construction of a 1-bedroom transient unit with 2 bedroom units provided for with a loss of 10% in density and 3 bedroom units a loss 15% of density.
Tier System: Tier I: Environmentally sensitive and generally unbuildable under ROGO scoring.
Tier II: Transition Lands on Big Pine and No Name Keys which are generally unbuildable.
Tier III: Infill lots located in developed subdivisions with adequate infrastructure.
Tier IIIA: Special Protection Areas which do not fit in Tier I or Tier II.
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