February 8, 2010

Miami-Dade County Adopts Ordinance Providing Development Approval Extensions

Holland & Knight Alert
Tracy R. Slavens

Developers and lenders with projects in Miami-Dade County that have current permits, time-sensitive agreements, or capacity reservations nearing expiration should be aware that there is now an administrative mechanism for extending certain approvals.

On February 2, 2010, the Miami-Dade County Board of County Commissioners approved an ordinance granting holders of certain specific development approvals the option to request a one-time, two-year extension of time for these approvals. Under the Ordinance, eligible development permits, agreements and capacity reservations valid between October 1, 2008, and October 1, 2010, can be extended for up to two years.

Approvals Subject to Extension

The Ordinance applies to certain administratively-issued development permits, agreements and reservations of concurrency capacity under Chapter 33-G of the Miami-Dade County Code. The qualifying entitlements include:

  • Department of Planning and Zoning concurrency capacity reservations and zoning improvement permits (ZIPs)
  • Public Works Department Paving and Drainage permits and subdivision improvement agreements
  • various permits issued by the Department of Environmental Resources Management
  • Miami-Dade County Water and Sewer Department agreements and construction plans

Extensions must be considered the same permits, agreements and capacity reservations previously applied for and approved – and they must be currently in compliance. Any construction that needs a material change to the plans and a new evaluation will require the issuance of a new permit, agreement, or capacity reservation subject to all requirements for issuance of capacity reservations and the payment of new fees.

Extension Not Automatic

To obtain the extension, the permit or agreement holder must submit a written request and pay the required fee. The written request should be made to the director of the appropriate county department for each permit, agreement and capacity reservation requiring an extension. The extension fee will be approximately $79 or 10 percent of the initial permit fee – whichever is greater.

Because the extension of time is available only upon application, developers should review their existing permits and agreements promptly to determine whether they are eligible. Lenders for ongoing development projects may wish to confirm that their borrowers are taking the necessary steps to avail themselves of this extension as well.

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