The purpose and effect of this amendment is to update fees charged for DRI review and to repeal unnecessary rules of the Council.

 

REGIONAL PLANNING COUNCILS
Tampa Bay Regional Planning Council

RULE NO: RULE TITLE
29H-8.002: Fees
29H-8.006: Regional Issues
29H-8.008: Project Summary
PURPOSE AND EFFECT: The purpose and effect of this amendment is to update fees charged for DRI review and to repeal unnecessary rules of the Council.
SUMMARY: The Council adopts Rule 9J-2.0252, F.A.C., prescribing fees to be charged for Council review and retaining separate hourly fee for other reviews.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
LAW IMPLEMENTED: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, December 15, 2008, 9:00 a.m.
PLACE: Tampa Bay Regional Planning Council, 4000 Gateway Center Blvd., Suite 100, Pinellas Park, Florida 33782
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Wren Krahl [phone], ext. 22 or email [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Manny Pumariega, Executive Director,Tampa Bay Regional Planning Council, 4000 Gateway Center Blvd., Suite 100, Pinellas Park, Florida 33782

THE FULL TEXT OF THE PROPOSED RULE IS:

29H-8.002 Fees.

A review fee shall be paid by each applicant prior to the commencement of the Council’s initial, subsequent or substantial deviation review of a Development of Regional Impact Application for Development Approval, Areawide Application for Development Approval and Florida’s Quality Development Review pursuant to Chapter 380, Florida Statutes. Substantial Deviation, incremental or subsequent  review fees shall be payable for each separate review subsequent to, or required by, any Development of Regional Impact Development Order. The applicant shall remit said fee, in accordance with Rule 9J-2.0252, F.A.C., as amended from time to time. For Other Reviews, including but not limited to Development Order Amendments, the fee for the Council’s review shall be $100 per hour. the following schedule:

(1) Residential Developments as defined in Chapter 28-24, F.A.C, Part II as a minimum. A fee of $50,000 is the maximum allowed in a residential development review.

 

	Number of Units	Amount of Fee
	1-1,999	$15,000
	2,000-4,999	$20,000
	5,000-8,999	$25,000
	9,000-13,999	$30,000
	14,000-and over	$2.50 per unit over 13,999

 

(2)(a) All other developments set forth in Chapter 28-24, F.A.C, Part II including:

Retail, Service, and Wholesale Development, Office Development, Industrial Plants and Industrial Parks, Mining Operations, Hospitals, Schools, Attraction and Recreational Facilities, Hotel/Motel Development, Recreational Vehicle Development, Port Facilities, Airports, Parks, Marinas and Petroleum Storage Facilities, as a minimum. A fee of $99,000 is the maximum allowed in this type of review.

(b) SizeAmount of Fee

Criteria set forth in Chapter

28-24, F.A.C., Part II$15,000

(c) Up to double the DRI criteria set

forth in Chapter 28-24, F.A.C., Part II$20,000

(d) Up to triple the DRI criteria set forth

in Chapter 28-24, F.A.C., Part II $25,000

(e) For each threshold increment over

triple the DRI criteria set forth in$5,000

Chapter 28-24, F.A.C., Part II

(3) For an Application for Development Approval, Areawide Application for Development Approval and Florida’s Quality Development Review which contain multiple development types as defined in Chapter 28-24, F.A.C., the fee shall be the aggregate total of the fees for each separate development type determined by sub-sections (1) and (2). For development types with multiple DRI criteria set forth in Chapter 28-24, F.A.C., for example, gross square feet, acreage, and parking spaces, the fee for that component of the development shall be determined based upon the criteria which yields the largest size. Where a development type of the proposed development does not exceed any of the criteria set forth in Chapter 28-24, F.A.C., the fee assessed for that component of the development shall be based upon the percentage of the threshold achieved multiplied by fee level set for that development type. A fee of $99,000 is the maximum allowed in this type of review.

(4) Modifications to projects determined to be substantial deviations shall pay a review fee based on 50 percent of the fees established in subsections (1), (2) and (3).

(5) Supplemental plan reviews shall pay a review fee based on 25 percent of the fees established in sub-sections (1), (2) and (3). A minimum review fee of $7,500 shall be assessed for each supplemental plan review. Supplemental plans in this section shall include, but not be limited to, special traffic studies, resource management plans, littoral zone plans and other plans similar in nature.

(6) Annual Report Review$250.00.

(7) Other Reviews shall include
but not be limited to proposed
development Order Amendments$100.00 per hour.

(8) In the event the cost of review exceeds the amount of the fee as stipulated in sub-sections (1), (2), (3), (4) and (5), the applicant shall be responsible for reimbursing the Council for the costs exceeding the fee. Fees not remitted after 30 days of invoice shall be subject to a 1 percent per month interest charge. The Council shall not include in its cost computation costs incurred after the filing of an appeal of a Development Order by the Council.

(9) A review fee shall be paid by each applicant prior to the initiation of Council’s review of an Application for Development Approval (ADA) or Areawide Application for Development Approval (AADA). The applicant shall pay $5,000 of the review fee prior to the date of the traffic methodology meeting or preapplication conference, whichever comes first. This $5,000 portion of the review fee is non-refundable. The balance of the scheduled fee shall be paid prior to the required preapplication conference. The remaining portion of the review fee shall be non-refundable except when the applicant notifies the Council, in writing, within 90 days of the preapplication conference. The applicant shall be refunded that portion of the fee remaining after pre-withdrawal costs incurred by the Council and the non-refundable $5,000 fee paid at the time of the preapplication conference are deducted.

Specific Authority 186.504, 186.505, 186.505(12), 120.053(1) FS. Law Implemented 186.504, 186.505, 186.505(12), 120.053(1) FS. History–New 11-8-76, Amended 11-19-79, 3-29-82, 10-14-82, 4-26-84, 11-14-85, Formerly 29H-8.02, Amended 5-28-86, 6-10-87, 7-3-88,_________.

 

29H-8.006 Regional Issues.

Final recommendations for a DRI project approval or denial, or identification of conditions or approval in a final DRI report by the Council TBRPC shall concern only those issues referenced in the Council’s adopted growth policy, “Future of the Region: A Strategic Regional Policy Plan for the Tampa Bay Region” as approved by the Florida Department of Community Affairs.

Specific Authority 186.504, 186.505, 120.53(1) FS. Law Implemented 186.504, 186.505, 120.53(1), 380.06(22)(b) FS. History–New 3-29-82, Formerly 29H-8.06, Amended_________ .

 

29H-8.008 Project Summary.

A summary of the proposed project shall be prepared by the applicant and ten (10) hard twenty-five (25) copies and one (1) electronic copy submitted to the Council staff at least twenty (20) 15 working days prior to the pre- application meeting for distribution to reviewing agencies. This summary shall include a legal property description; a general description of the proposed project in appropriate detail, general location map, proposed conceptual master site plan, transportation impact area, environmental features, predevelopment site conditions and surrounding land use.

Specific Authority 186.504, 186.505, 120.53(1) FS. Law Implemented 186.504, 186.505, 120.53(1) FS. History–New 3-29-82, Formerly 29H-8.08, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Manny Pumariega, Executive Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tampa Bay Regional Planning Council
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 24, 2008