COMMON SENSE REMINDERS FOR DEALING WITH GOVERNMENT & DEVELOPERS
1. Identify who are the key players, who is sympathetic to your cause, and where there is overlap (e.g. with policy makers, staff, other activists, and media).
2. Find the pertinent contact for that issue and do not alienate that person.
3. Know your rights and be assertive but reasonable and polite:
- be assertive without appearing threatening, condescending, or impatient;
rather that confront someone with what appears inconsistent, stupid, or
a sham, ask them to explain it in layman's terms (there may be a logical
reason, even if you disagree with it or the outcome); don't expect or demand
immediate action, responses, copies, or information
- make an appointment and be prepared to wait a reasonable time
- but don't forget to politely follow-up on things;
- keep a log, noting the time and date of conversations, occurrences,
meetings, letters, notices, advertisements, etc.
4. Identify pertinent regulations and/or documents (what applies, what is the process, how long is the process, and what/when are the opportunities to be heard?)
- obtain the regulations and or documents (much of what you need may
be on-line)
- is the proposed project allowed by right or is some approval in front
of a board or commission required?
- is concurrency an issue (e.g. sanitary sewer, potable water, drainage,
transportation, solid waste disposal, and recreation) or is it a non-issue
or exempt?
- does there appear to be any obvious health-safety issue?
5. Determine if there is a history of how the government or agency has addressed similar situations (if so, how is this the same and how is it different?)
6. Does the applicant have a history of development- in this jurisdiction
or elsewhere?
Is he/she willing to meet with you and/or your group?
7. Remember, the newspaper does not always get it right. What you read in the paper may not accurately represent what happened, was said, or is proposed. Find out the facts for yourself.
8. There is often enormous room for negotiation, if you persevere and are continuously reasonable and professional (e.g. identify the problem or area of concern and consider reasonable alternatives to provide a situation that can benefit ail parties - attack the problem, not the person and don't push the other guy up against the wall if at all possible).
9. Always address others in a manner that you would want them to address
you if they disagreed with you.
NOTE By Editor: Staff members are important contacts. They know what
actions are "in the mill", their status, who are the proponents, the problems
which are seen, and likely action. If the matter is environmentally sound,
take the position of supporting the staff proposal. If it is unsound, tell
staff that it will be opposed, and, especially, why the opposition;
in following through, never put the staff person in the middle. The
log will be of great importance if you decide to challenge an action taken:
You must prove standing, and that you have exhausted administrative channels.
State and Federal laws
Administrative Codes (that implement statutes) (e.g. Chapter 25 - 24, Florida Administrative Code addresses Developments of Regional Impact, which are also addressed in chapters 163 and 380, Florida Statutes)
Comprehensive Plan
Code of Ordinances (County or City)
Land Development Code (this may be included in Code of Ordinances or may be separate)
Overlay District (is there an applicable overlay district?)
Development Order (is the project a Development of Regional Impact?)
Development Agreement (is the project covered by a Development Agreement - if so,
Chapter. 166 or Chapter. 163, Florida Statues?)
Chap.. 166 (FL Home Rule Development Agreements are simple, easy, and inexpensive to enter into and just as easy to amend (e.g. no notification of abutters, newspaper ads, or public hearing)
Chap.. 163 (stringent requirements set forth by statute for content, notification, advertisement, and public hearings)
Special Exception or Conditional Use (is there one or is one required?)
Variance (is a variance required or was one granted for the project?)
OPEN http://livepublish.municode.com/LivePublish/statelist2.asp?state=9
Select desired code, (List for Volusia and Flagler follows)
Bunnel Code of Ordinances
Bunnel Land Development Codes
Daytona Beach Code of Ordinances
Daytona Beach Land Development Code
Daytona Beach Shores Code of Ordinances
DeBary Code of Ordinances
Deltona Code of Ordinances
Flagler Beach Code of Ordinances
Flagler County Code of Ordinances
Holly Hill Code of Ordinances
New Smyrna Beach Code of Ordinances
Orange City Code of Ordinances
Ormond Beach Code of Ordinances
Port Orange Code of Ordinances
Port Orange Land Development Code
South Daytona Code of Ordinances
Volusia County Code of Ordinances
Most can also be seen by opening the organization's web site, and can
be inspected, usually at the planning office.