Downtown: Time limits on development credit reservation after building permit issued

Reservations of development credits will remain in effect for so long as the building permit remains in effect in accord with the South Florida Building Code, except as provided herein.

(1)

After 20 percent or more of the construction is complete, as measured by construction loan disbursements, on the full amount of net new development for which a reservation of development credits is applicable, the reservation shall not expire or be rescinded except by termination of the building permit. It shall be the responsibility of the credit holder to submit bank drafts or other relevant documentation to the planning, building and zoning director to verify required pro rata completion of said construction.

(2)

Prior to completion of 20 percent of construction, as provided above, if "work" appears not to be actively underway for at least 50 percent of the working days (Monday through Friday, national holidays excluded) within any given six-month period, the planning, building and zoning director may, by certified mail, request a review of the reasons for the work stoppage. If the credit holder fails to respond in writing with supporting documentation, within 15 days, or if the planning, building and zoning director finds that work has been abandoned or is likely to be stopped for longer than a six-month period of time due to financial failure, legal action, or any other reason, he/she may rescind the reservation of development credits. Notice of intent to rescind a reservation for development credits shall be made in writing by the planning, building and zoning director, stating reasons therefor, within 30 days from the date that the planning, building and zoning director transmits, by certified mail, the written request for review of the work stoppage. The credit holder may present additional facts, information, or data in support of his/her position prior to the rendering of a final decision by the planning, building and zoning director which shall be made in writing within 45 days from the date that the credit holder received the written request for review of the work stoppage. If the planning, building and zoning director, after consulting with the city's building official, finds sufficient evidence that work will be resumed within the succeeding six-month period and will continue on a reasonable timetable for the size and nature of the construction project, according to local construction industry standards, he/she shall not rescind the reservation of development credits, but he/she may establish a reasonable timetable for completion of at least 20 percent of the net new development, and conditions upon which the reservation of development credits may be rescinded upon failure to meet the timetable. Work stoppages caused by civil unrest, labor disputes on the site, or fire, shall be counted as "nonworking" days. Development credits rescinded pursuant to this paragraph shall be held in reserve by the planning, building and zoning department pending the outcome of an appeal pursuant to section 14-156.

(Ord. No. 13406, § 3, 9-26-13; Ord. No. 13676, § 2, 4-27-17)