On Tuesday, November 20, 2007, the Town of Loxahatchee Groves passed a temporary Moratorium Ordinance (Ordinance 2007-007). Listed below are the items that are NOT exempt as well as the items that ARE exempt from the Moratorium:
►Click here for the items that ARE exempt from the Moratorium
►Click here for the items that are NOT exempt from the Moratorium
In the event a property owner does not meet any of the exemptions provided in Section 3 of this Ordinance, the property owner may apply for an exemption from the moratorium imposed pursuant to this Ordinance if the property owner meets one of the following two criteria:
(1) The property owner submitted an application for the issuance of a Development Permit prior to the first reading of this Ordinance.
(2) The property owner previously obtained approval for a Development Permit for the property, and the Development Permit is subject to monitoring as provided in Article 2.E. of the Uniform Land Development Code.
* Any application filed pursuant to this Section must be filed with the Town Clerk no later than thirty (30) days from the Effective Date of this Ordinance (12/20/07)
* The application filed pursuant to this Section shall contain the following information:
a. The name of the property owner(s);
b. A legal description of the property and the structures located thereon;
c. A certified copy of a survey of the property;
d. A copy of the application which had been filed as of the date that this Ordinance was considered on first reading;
e. If the application relates to an application filed prior to the first reading of this Ordinance, a detailed written statement as to the status of the application, including any actions the property owner had taken with respect to the application prior to first reading of this Ordinance;
f. Any additional information the property owner may want to submit that may demonstrate justification for the granting the application.
* In conjunction with filing the application, the property owner shall submit a filing fee of $500.00 to cover the administrative costs associated with reviewing and processing the application, and notice for the public hearing.
* Following receipt of the application and the application fee, the Town Clerk shall review the application, and no later than 30 days after receipt of the application shall advise the applicant, in writing, as to whether the application is complete. If the application is complete, the Town Clerk shall certify the application. If the application is not complete, the Town Clerk shall advise the applicant of the deficiencies, in writing, and provide the applicant 14 days to submit a revised application. The property owner does not have to pay an additional filing fee when submitting a revised application. If the applicant fails to timely submit the revised application, the application shall be deemed denied, and no further application may be filed.
* If the Town Clerk certifies the application as complete, the Town Clerk shall schedule a public hearing on the application before the Town Council no later than 45 days after the date the Town Clerk certified the application as being complete. The Town Council shall consider the application at a public hearing held at a regularly scheduled Town Council meeting.
* At the public hearing the property owner shall present oral and written documentation to support its application for an exemption from the moratorium to the Town Council. Members of the public shall be permitted an opportunity to present oral and written documentation related to the application being considered. Following the presentation of all statements and documentation at the public hearing, the Town Council shall consider the statements and documents, and either approve or deny the application and enter an Order consistent with the Town Council's action. The Town Council's decision to grant or deny the application for an exemption from the moratorium shall be based upon substantial, competent evidence presented at the hearing on the application.
* The Town Council's Order shall be reduced to writing, contain findings of fact and conclusions based upon the statements and documentation presented at the public hearing.
* The Town Council's Order shall be filed with the Town Clerk.