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Item C1 3.02 Conservation & Coastal Management Monroe County Comprehensive Plan Update 3.2 CONSERVATION AND COASTAL MANAGEMENT GOAL 201 To ensure that Aair quality is maintained at the highest levels, in—Monroe County shall be • • - - : - • • - : • : - - - . - . • - . . - ontinue to meet all attainment standards set by the State of Florida and the U.S. Environmental Protection Agency (EPA). [9J 5.013(2)(a)] f & 163.3177(6)d.2.a., F.S.] Objective 201.1 Monroe County shall continue to maintain existing ambient air quality levels in compliance with the National Ambient Air Quality Standards (NAAQS). {9J- 5.013(2)(b)1 ] f & 163.3177(6)d.2.a., F.S.] Policy 201.1.1 By Scptcmber 30th of cach ycar, Monroe County, in coordination with local DERFlorida Department of Environmental Protection (FDEP) representatives, shall review the annual air quality monitoring data for Monroe County. Any violations of the NAAQS or trends in ambient air quality shall be reported to the BOCC. [9J 5. 013(2)(b)1]J &163.3177(6)d.2.a., F.S.] projects. [9J 5.013(2)(b)1} Policy 201.1.32 Development Orders shall require that land areas exposed during construction be treated with mulch, spray, grass or other appropriate methods in order to minimize air pollution. [9J 5. 013(2)(b)1]J &163.3177(6)d.2.a., F.S.1 Policy 201.1.43 All miningresource extraction activities shall comply with DERFDEP standards designed to fedneeminimize point sources of air pollution. [9J 5.013( f & 163.3177(6)d.2 }.a., F.S Poli5 Policy 201.1.64 Monroe County shall support state government programs to regulate petroleum and gasoline storage facilities with an emphasis on controlling VOC emissions. {9J 5. 013(2)(b)1]J &163.3177(6)d.2.a., F.S.] <The Remainder of This Pape Intentionally Left Blank> Conservation and Coastal Management 1 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 202 The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, enhanced. [9J 5.012(3)(a); 9J 5.013(2)(a) }improved or restored. [& 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.1 Objective 202.1 Monroe County shall continue to work cooperatively with the U.S. Environmental Protection Agency (EPA), the - • • - . e - .. - - _ • .. - . ' - . (DER),FDEP, the South Florida Water Management District (SFWMD), and the National Oceanic and Atmospheric Administration (NOAA) to implement the Water Quality Protection Program (WQPP) for the Florida Keys National Marine Sanctuary. - . - - - . - ' ' .' [ §163.3177(6)d.2.b)2i 9J 5.013(., F.S; §163.3177(6)d.2 }.e., F.S.] Policy 202.1.1 Monroe County shall continue to coordinate with EPA, DERFDEP, SFWMD and NOAA to - -• • • - - - .. . . - • - - - • - . • ocument pollutant loads for Florida Keys waters. [§ 163.3177(6)d.2.b., F.S; & 163.3177(6)d.2.e., F.S.] Sanctuary Water Quality Protection Program (EPA and DER, in • • data collection pertaining to natural nutrient regeneration due to dccomposition of floating Sargassum and scgrass within confined water belies; Conservation and Coastal Management 2 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update evaluation of thc relative contributions of point sourcc dischargcs, organic matter, and other mechanisms of nutrient input and potential for f water, Sediment and biotic parameters for confined and nearl-i aters; and development of potential engineering solutions applicable to thc Florida Keys, with cost estimates, for selected representative areas of confincd By January 1, 1997, Monroe County shall seek to enter into an agreement with thc EPA, DER, SFWMD, and NOM which shall describe the responsibilities of ach agency and of thc County in well of these studies. M onro e C oun t y sh tasks for which it is responsible; and execute those tasks in accordance with thc timeframes outlined by the agreement. Special studies to be undertaken by Monroe County as identified in other - - -- - - - - : - : - . - - ty Year 2010 Comprehensive Plan shall be coordinatcd with these special studies. Specifically: the scope of work for the Sanitary Wastewater Master Plan shall be developed so as to include special studies required to assess pollutant facilities (Scc Objective 901.1 and related policies); the scope of work for the Stormwater Management Master Plan shall be developed so as to include special studies required to assess: non point sourcc contributions to surfacc water discharges from Stormwatcr; and non point sourcc contributions to groundwater from stormwatcr (Scc age Element Objective 1001.3 and rclatcd policies); and thc scope of thc Live Aboard Study shall be developed so as to collect data required to determine pollutant loadings from live aboard vessels (Scc Policy 202.1.2). [9J 5.012(3)(c)1,3 and 13; 9J 5.013(2)(c)1] Conservation and Coastal Management 3 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroe County shall coordinate with EPA, DER, SFWMD and NOAA during completion of Phase II of the Florida Keys National Marine Sanctuary Water Quality Protection Program. Pursuant to the Florida Keys National Marino Sanctuary Act (H.R. 5909), Phase II shall: standards for the Sanctuary; adopt enforccble pollution control mesures(including water quality based effluent limitations and best management practices) and methods to eliminate or reduce pollution from point and nonpoint sources; and determine the sources of pollution causing or contributing to existing or anticipated pollution problems in the Sanctuary; „ o pll P ;° evaluate progress toward achieving and maintaining water quality standards and of the Sanctuary. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] - - - - •_ - - . • . protcction; and shall draft and complete revisions, as appropriate, to thc County's policies and regulations, including the Land Development R- _ .: • : • - - - - • . the Monroe County Code, as appropriate, to comply with thc requirements and intent of the Water Quality Protection Program. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] - - by DER, Monroe County shall seek to enter into an agreement with EPA, DER, „ D it • - - - - of the County in the water quality monitoring program. Monroe County shall: program tasks for which it is responsible; and Conservation and Coastal Management 4 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update {9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} Poli- Plan, including the Water Quality Protection Program. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} Goal 901 and related objectives and policies.) [9J 5.012(3)(b)2; 9J 5.013(2)(b)2] Policy 202.1.2 Monroe County shall maintain and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from on -site disposal systems and wastewater treatment plants. (See Goal 901 and related objectives and policies.) [ §163.3177(6)d.2.b., F.S $163.3177(6)d.2.b.,2.e., F.S.1 - . - . •• -- .., . _ - _.. •! .. - . . objectives and policies.) [9J 5.012(3)(b)2; 9J 5.013(2)(b)2] �2 . s. Monroe County shall work cooperatively with FDEP, EPA, the Florida Keys National Marine Sanctuary (FKNMS) and the U.S. Army Corps of Engineers (USACE) to identify any water quality issues and permitting assistance and recommendations related to the use of aerators, bubble curtains, pumping from front to back in canals, partial backfilling to make the canals shallower, flow improvement culverts in dead end canals to connect with other canals or near shore waters, flow improvement in plugged canals that are not currently open to tidal flow, and utilization of weed restriction devices in canal systems. [ & 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., <The Remainder of This Pape Intentionally Left Blank> Conservation and Coastal Management 5 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 202.2 Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharge into surface waters. Policy 202.2.1 Monroe County shall maintain regulations in the Monroe County Code pertaining to the disposal of fish and shellfish by- products from seafood processing facilities, including the following: 1. by- products shall not be dumped into surface waters or wastewater disposal systems; 2. by- products shall be disposed of as solid waste; and 3. consideration shall be given to suitable reuse of by- products. [$ 163.3177(6)d.2.b., F.S; & 163.3177(6)d.2.e., F.S.] Within one (1) year after adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate options for reducing the amount of fish and lobster cleaning offal that is discharged into canals. This evaluation should include public facilities such as marinas and private areas such as private backyard docks. Options to be considered shall include, but not be limited to: (a) - carcasses be macerated for chum (put in bags and frozen for a subsequent trip), deposited in an air -tight container for routine refuse pickup, or hauled away by a commercial chum or trap fisherman on contract; and (h) Ilraging the public through an educational signage and awareness prow iin on water quality. Conservation and Coastal Management 6 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 202.3 Monroe County shall support existing vessel discharge regulations, including the No Discharge Zone regulations of the Florida Keys National Marine Sanctuary, and encourage use and expansion of sewage pump -out facilities throughout Monroe County to reduce pollutant discharges into nearshore surface waters from live - aboard vessels. f § 163.3177(6)d.21.b., F.S; § 163.3177(6)d.2.e., F.S.] ••. - - . • i . • 1 - Policy 202.43.1 By January 4, 1997,Within one (1) year after the adoption of the 2030 Comprehensive Plan., Monroe County shall adopt - - - : -.: - . . Code and maintain regulations pertaining to docked or moored to land live - aboard vessels which: 1. adopt existing federal regulations for required marinc sanitation; 2. define the term "live aboard vessel" in terms of type and duration of vessel 31. prohibit living on board vessels and floating structures of any type except at marine facilities, including marinas, and within commercial fishing areas and commercial fishing special districts, with fixed pump -out facilities; and = e identia' di tricth; • .. . - , . - • _ : s r before January 4, 1998; 32. require that new and existing marine facilities, including marinas., aieh awith ten slips or more, or one live - aboard slip, • ve el : s proposed to be domed provide a fixed pump -out station; and 63. require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites which educatinge the live - aboard public about the importance of pumping out and - clear directions to the nearest pump -out stations;. [§ 163.3177(6)d.2.b., F.S: § 163.3177(6)d.2.e.., F.S.1 Conservation and Coastal Management 7 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 8. prohibit construction of docks which permit docking of a live aboard vcsscl unless such vessel has an operable holding tank. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6]. Policy 202.3.2 Existing marine facilities, including marinas, which do not have an on -site pumpout station, as identified through the Monroe County Marine Facility Survey or other best available data sources, shall be notified in writing of the requirements for on -site pumpout facilities and signage (and any available funding assistance, such as the DEP Clean Vessel Act grant program) within 18 months after the adoption of the 2030 Comprehensive Plan. Such marine facilities and marinas shall have 12 months from the written notification to provide an on -site pumpout station and associated signage. All marine facilities and marinas which are required to provide on -site pumpout stations are required to keep those pumpout stations operational, and ensure that pumpout service is available to the patrons of those marine facilities and marinas. watcrs of the Florida Kcys. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 8 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 202.43.3 Development of the management recommendations for live - aboard vessels shall be coordinated with NOAA to ensure consistency with recommendations of the Florida Keys National Marine Sanctuary Revised Management Plan. [ §163.3177(6)d.2.b., F.S; .§163.3177(6)d.2.e., F.S.] [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 202.43.4 By January 4, 1998,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt revisions to the ey Land Development Code pertaining to live- aboard vessels, either in mooring fields or free-anchored., which establish the following (regulations pertaining_to free - anchored vessels may require additional authorization by state statute): 1. Minimum depth criteria; 2. Availability of appropriate shoreside access (except for short-term recreational mooring sites - See Policy 203.5.2); 3. Pumpout service availability; 4. Availability or provision of shoreside facilities (such as parking and solid waste disposal); 5. estab ithe a rRegistration and fee structure for live- aboard moorin fg ields outs); and 6. concurrcncy provisions, and 46. }Impact fee provisions for long -term free - anchored live - aboards. [§ 163.3177(6)d.2.b., F.S.; and § 163.3177(6)d.2.e., F.S.] [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} Policy 202.43.5 By January 1, 1998,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County sh all will evaluate the need to develop adept --a plan for providing publie -pump -out fides- services mat county -owned leeatiensfacilities. [9J 5.012(3)(c)1, j §163.3177(6)d.2,3 and 8; 9J 5.013(.b., F.S; &163.3177(6)d.2)(c)1 and 6].e., F.S.] Conservation and Coastal Management 9 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 202.3.6 The County shall encourage new and existing redeveloping or expanding marinas to adopt Best Management Practices as recommended by Florida Department of Environmental Protection's Clean Marina Program. <The Remainder of This Pate Intentionally Left Blank> Conservation and Coastal Management 10 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update - s ! -- - . • • ! - • . P By January 1, 1997, Monroe County shall adopt revisions to the Land number of slips present according to DER and HRS standards. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] By January 1, 1997, Monroe County shall adopt revisions to the Land $ 5.013(2)(c)1 and 6] - -- - ••• SOS the Marina Survey (See Policy 212.4.2). The County shall notify owncrs of 8; 9J 5.013(2)(c)1 and 6] • • • • • _ - -- • vessel i3 docked. [9J 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] .. ... - _ • - •.•, . :•-."-- , .. . - .. - Conservation and Coastal Management 11 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update R; 9J 5.013(2)(C)1 and 6] €mg+ • • • ••• .. • . • • policiffi.) [9J 5.012(3)(b)2; 9J 5.013(2)(b)2} Conservation and Coastal Management 12 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 202.48 By January 4, 1997, Monroe County shall adopt maintain bland Odevelopment Rregulations which implement county policies controlling pollutant discharges into surface waters from dredge and fill activities. [9J 5.012(3)(b)2; 9J 5.013(2)(b)2] [§ 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.l Policy 202.84.1 Monroe County shall support state and federal policies and regulations concerning the permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by Monroe County shall be maintained. f 9J- 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] [ §163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.1 Policy 202.84.2 No new dredging shall be permitted in Monroe County. [9J 5.012(3)(c)1, g163.3177(6)d.2 F.S; § 163.3177(6)d.2)(c)1 and 6].e., F.S.1 Ill Ir No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by hardbottom communities except for maintenance in public navigation channels. Canals: maintenance dredging mbeted within the entrancpening of the canal, including areas vegetated with seagrass beds or characterized by hardbottom communities, to restore navigational access and preserve the function of a mai•na1, uhj L to hP requirements in Policy . 44, [`),I 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(01 and 6J R 163.3 177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.] Policy 202.84.4 In order to facilitate navigational access that will preserve and/or restore the function of the entrance /opening of a canal, maintenance dredging may be permitted provided that: • Natural shoaling and sedimentation has reduced the reasonable access to open water. • The maintenance dredging cannot be used to dredge natural barriers (areas that have not been previously dredged) separating a canal or canal system from adjacent wetlands and /or other surface waters. • The maintenance dredging shall not exceed depths greater than minus six ( -6) feet mean low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the shallowest depth shall control). • The maintenance dredging methodology shall not cause degradation of water quality or secondary and /or cumulative impacts to surrounding benthic resources. Conservation and Coastal Management 13 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update • Turbidity controls shall be used to prevent reduction of light availability to seagrasses and increased sedimentation in adjacent surface waters and benthic resources. • The quantity of mitigation for seagrass /hardbottom community resource impacts shall meet the requirements specified by the State of Florida's Uniform Mitigation Assessment Method (UMAM). • The applicants shall provide justification that the proposed maintenance dredge is in the `public interest.' As used in this policy, the entrance /opening is considered to be the canal and /or channel area within 20 feet of the terminal end of the upland shores immediately adjacent to the canal. Entrance of canal 20 it 2011 Access Channel Upland Upland Upland Policy 202.84.54 In order to facilitate establi3 degradation of bottom vegetation, maintenance dredging in artificial waterways shall not exceed depths greater than minus six ( -6) feet mean low water. This policy does not apply to the entrance channels into Key West Harbor and Safe Harbor. {9J 5.012(3)(0)1,2,3 and 8; 9J 52- )0- 6}J &163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e.. F.S.] Policy 202.84.66 All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites where drainage can be contained on -site. {93- 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(0)1 and 6] [ §163.3177(6)d.2.b., F.St &163.3177(6)d.2.e., F.S.] Policy 202.84.76 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill regulations. All illegal structures and fill shall be removed and damages mitigated. {9J 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 [§ 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., F.S.] Policy 202.8.7 Conservation and Coastal Management 14 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update equitable penalties for all dredge and fill violations. Penalty revenues obtained from projects. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 15 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 4 • • „ .. .. and enforcement procedures designed to reduce pollutant discharges into ground and ;urfacc waters from stormwater runoff. (See Drainage Goal 1001 and related objectives and policies.) [9J 5.012(3)(b)2; 9J 5.013(2)(b)2} Conservation and Coastal Management 16 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update ; sedimentation control program for Monroe County. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] ley 20 2 . ._• _.. the Florida Kcys. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] ... 2n2 1n - •• .. - _ - . discharges in this Comprehensive Plan (Scc Drainage Policy 1101.1.1). Bcst management practices (BMPs) developed pursuant to Policy 202.10.2 above for ... - , _ - , .... - . . -- - . -, . ... .. . . ordcrs. [9J 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 5 -.. - ._ • - •• . - • 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(o)1 and 6] le;&6 .. . -- .: _ - £_ - - policies.) [9J 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 17 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 202 1 n 7 [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] All mining activities shall be conducted in accordance with sedimentation and erosion control plans (See Policies 208.2.2 and 208.2.7.). [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 18 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update O 202 - applications into ground and surface waters. [9J 5.012(3)(b)2; 9J 5.013(2)(b)2} EPA and the FKNMS to review: application guidelines for aerial pesticide spraying; and alternatives to aerial applications of pesticide. Monroe County shall request that the state undertake a state wide research and control. This program should emphasize ground controls, including biological controls. • - - - - • : - - - • _ • osquito control districts and independent researchers, in cooperation with EPA and the Florida Keys National Marine Sanctuary. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} Until alternatives can be identified, Monroe County, in coordination with the Monroe act on marine resources and human health by avoiding marine waters and the property of owners who have requested no spray. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 19 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 01 3 : ,. c tiy,. 202 12 storage tanks. [9J 5.012(3)(b)2; 9J 5.013(2)(b)2] Policy 202.12.1 . • ► -- ctoragc tanks) and Chaptcr 17 762, F.A.C. (aboveground storagc tanks). This activity DER and the Monroe County HRS Unit. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and . _ . . •.. . P 202 11 3 4 .. - de 41e-walled, Conservation and Coastal Management 20 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obj 202 1- Waste Objective 801.5 and related policies.) [9J 5.012(3)(b)2; 9J 5.013(2)(b)2 and 10] Conservation and Coastal Management 21 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obiectiv 4 " • " - - -- • - - of aerators, backfilling, the opening of d ad end canals, and the utilization of wccd restriction devices as a means of improving water quality in canal systems and shall request, if appropriate, a special rule for the Florida Keys pertaining to the use of same. [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2] Poky-202444 1 I • • - ' -- . • . . - dead end canals, and utilization of weed restriction devices in canal systems. [9J 5.012(3) (c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] 1 I - devices in canal systems in the Florida Keys. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 Poky-202,144 canal systcros. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 22 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obj c 202 15 and 3; 9J 5.013(2)(b)2] • ... -.. - - - -- • • - • • ... , - • ! - - - - - - . • 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] • . . . , _. . . . . . _ - . . . - . .. , . - residcntial canals. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} Conservation and Coastal Management 23 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 202.465 By January 'I, 1998, Monroe County shall - -• - . • - : - .. pregfafacontinue to coordinate with other local governments and with state and federal agencies to address existing and regional water management practices on the Florida mainland which may affect: 1. the conservation, use and protection of water quality, marine benthic communities, and fisheries in Florida Bay; and 2. the wetlands, unique vegetative communities, and species of special status on mainland Monroe County. [9J 5.012(3)(b)1 and 2; 9J 5.013(2)(b)2,3,1,6 and 10][ 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.; 4163.3177(6)d.2.g., F.S.I Policy 202.4-0.1 Monroe County shall meet periodically with agencies and local governments in the region to discuss water management practices and potential issues related to: 1. the delivery of water, both in terms of quantity and quality, to Card Sound, Barnes Sound and Florida Bay; and 2. alternatives to offshore disposal of waste. These agencies and local governments sha lmay includ , : 1. National Park Service; 2. DER; 2. Florida Department of Environmental Protection, 3. South Florida Water Management District; 4. Miami -Dade County; 5. Collier County; 6. South Florida Regional Planning Council; and 7. Environmental Protection Agency. [§ 163.3177(6)d.2.b., §163.3177(6)d.2.e., F.S.; 4163.3177(6)d.2.g., F.S.j {9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1,5,6,8 and 9} Conservation and Coastal Management 24 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 202.5.2 Monroe County shall participate in prcparingmonitor and provide input on future revisions to the following plans: 1. Surface Water Improvement and Management Plan for the Everglades; 2. Surface Water Improvement and Management Plan for Biscayne Bay; its 3. any additional Surface Water Improvement and Management Plans which may be completed for Monroe County waters;,.- [9J 5.012(3)(c)1,2,3 and S; 9J 5.013(2)(c)1,5,6,8 and 9} 4. Everglades National Park General Management Plan; and 5. Big Cypress National Preserve General Management Plan. [§ 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., F.S.; *163.3177( 6)d.2.g., F.S.1 <The Remainder of This Page Left Intentionally Blank> Conservation and Coastal Management 25 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update GOAL 203 The health and integrity of living marine resources and marine habitat, including mangroves, seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible, cnhanccd. restored and enhanced. [9J 5.012(3)(a); 9J 5.013(2)(a)] [§ 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.1 Objective 203.1 Monroe County shall protect its mangrove wetlands by implementiftg—continuing to implement regulations which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of development upon mangroves. [9J • • • • ' [§ 163.3177(6)d.2)(b)3 and 4].d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.l Policy 203.1.1 As set forth in thc Land Development Regulations (Monroe County BOCC, 1990), tThe open space requirement for mangroves- mangrove wetlands shall be one hundred (100) percent. No fill or structures shall be permitted in mangrove wetlands except for elevated, pile- supported walkways, docks, piers and utility pilings. [9J 5.012(3)(c)1; 9J 5.013(2)(c)6} [ §163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.1 P 203 1 2 Regulations of this ordinance shall be developed in cooperation w th the DE a „d shall be consistent with Chapter 17 321, F.A.C. These regulations shall restrict existing navigable channels and canals, or where necessary to allow an upland owner limited ingress and cgrcss to waters in conjunction with a permitted structure installed according to the design guidelines of this plan and limited visual access consistent with or more restrictive than state standards. Any made by thc County pursuant to thc governmental exemptions containcd in Florida's Mangrove Protection Act. Policy 203.1.23 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policy 204.2.23, 204.2.3-4 and 204.2.45. If a 50 -foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration -, provided that the setback is not reduced to less than twenty -five (25) feet -. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty -five (25) feet, without regard to buildable area, if the entire setback is managed in accordance with County regulations approved by the County Biologist and is Conservation and Coastal Management 26 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update placed under conservation easement. "Development" shall include all activities aJ currently defined in the F.S. 380.05 compliant Land Devclopmcnt Regulations, hereby incorporated by reference. The effectiveness of this policy shall be c Evaluation and Appraisal Review (EAR) Process. R 163.3177(6)d.2.d., F.S.; 163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.j., F.S.I Conservation and Coastal Management 27 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 203.2 Monroe County shall protect submerged lands vegetated with seagrasses by iniplententingmaintaining regulations which will further reduce direct and indirect disturbances to seagrasses. [9J 5.012(3)(b)1; 9J 5.013(2)(b)3 and 1] f §163.3177(6)d.2.d., F.S.; 163.3177(6)d.2.e., F.S.1 _ .. - - - • - ' . -, Monroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the - . • .. ! - ... - - . _ • .. - • . Pretection.FDEP. This prohibition shall alsenot apply to mooring flee iMillrverriclgtrpublic hfflinillinlicants for moors _ v . s shall provide data and analysis demonstrating environmental, social, and economic benefits miles iiii 1d ace - to the public at lar e as a result of a pro posed . {9J 5.012(3)(c) 1, l§163.31 77(6)d.2.3 and 8: ')J M11 (.d.. 1 S.:: 163.3177(6)d.2)(c) 1 and 6].e., F.S.1 Policy 203.2.2 _ .. - - - - • - ' .. , Monroe County shall continue to prohibit the termination of docking facilities and piers over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the FDEP. Design criteria to permit sunlight to reach the bottom shall be adeptedmaintained. No boat shelters or gazebos shall extend over submerged lands vegetated with seagrasses or over hardbottom communities. {9-J- 5.012(3)(o) 1,2,3 and 8; 9J 5.013(2)(c)1 and 6] [ §163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.] Policy 203.2.3 , Monroe County shall continue to: 1. prohibit new dredging in the Florida Keys; and 2. prohibit maintenance dredging within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels and as provided in Policy 202.4.3 for canals. (See Objective 202.5 -4 and related policies.) {9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6-1 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.] Policy 203:2.4 NOAA, EPA and DER rcgarding support of scientific studios of strcsscs on seagrass ecosystems in the Florida Kcys rcgion. This agrccmcnt shall be Conservation and Coastal Management 28 Keith and Schnars, P.A. Comprehensive Plan: Jule 2014 Monroe County Comprehensive Plan Update this agreement. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 203.2.54 Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan (U.S. Dept. of Commerce, NOAA, in preparation). This program shall—pferetpromotes user education related to, among other items, seagrass bed conservation and navigational safety in nearshore waters. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 [§ 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S.] f,cgrass beds in the Florida Kcys into the County's Geographic Information Systcm. These data [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 Conservation and Coastal Management 29 Keith and Schnars, P.A. . Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Objective 203.3 Monroe County shall continue to support state and federal agencies in development and implementation of management measures designed to protect coral reefs and other hardbottom communities located in the waters off the Florida Keys. [9J 5.012(3)(b)1; 9J 5.013(2)(b)3 and 4) f § 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S.] rccf ecosystems in the Florida Kcys region. This agreement shall bc developed following completion of the Florida Kcys National Marine Sanctuary Managcmcnt Plan. This plan shall identify the research needs to bc addressed in this agreement. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 203.3.21 Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan (U.S. Dept. of Commerce, NOAA, in preparation). This program sholl—pr-emetepromotes user education related to, among other items, coral reef conservation and navigational safety. [9J 5.012(3)(c)1, 1§163.3177(6)d.2,3 and 8; 9J 5.013(.d., F.S.; § 163.3177(6)d.2)(c)1 and 6].e., F.S.; § 163.3177(6)d.2.f., F.S.1 National Marine Sanctuary Managcmcnt Program. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 203.3.42 Monroe County shall continue to protect, preserve., and enhance the coral reefs and other hardbottom communities through its land development regulations which address water quality (See Conservation and Coastal Management Element Goal 202 and related objectives and policies), including efforts to: 1. limit the location of water - dependent activities to locations that will not have a significant adverse impact on the offshore resources of hard coral bottoms and other hardbottom communities; 2. control and regulate land and water activities in the vicinity of coral and other hardbottom communities as identified in the Florida Keys Coastal Management Study in an effort to arrest further deterioration; and Conservation and Coastal Management , 30 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update 3. include the . - ., - - - :. • - • .. ' - . - . . _ . - Park and L000 Koystrategies identified in the Florida Keys National Marine Sanctuary Revised Management Plan:_ J &163.3177(6)d.2.d., F.S.; &163.3177(6)d.2.e., F.S.; &163.3177(6)d.2.f., F.S.l Monroe County shall support the objectives and action steps of the Florida Reef Resilience Program Climate Change Action Plan for the Florida Reef System. NI additionsupporting actin proms coral reefs, *County shall - port the ac as they may aialy to o rhpr_h?rdh,,tto r . cD m un mss. 1 his includes the following actions identified in that Plan: Action 1.2.4: Protect species and habitats that are highly vulnerable to climate change (e.g. corals, marine turtles, mangroves, etc.) from non - climate pressures (e.g. direct damage from divers, fishing gear, anchors or boats, beach nourishment, coastal construction impacts, land -based sources of pollution). Action 1.2.6: Prohibit any new dredging or other direct destruction of coral reefs. Action 1.3.3: Consider limiting certain kinds of development that are at risk from sea level rise. Action 1.4.4: Work through the proposed Florida Reef System Management Council (or other appropriate venue) to revise regulations on coastal development and beach nourishment projects to minimize sedimentation, storm water runoff, and other water quality impacts to the Florida reef system. Action 1.6.3: Work with local fishing, boating, and diving industries to promote minimum impact reef use activities (e.g. appropriate fishing gear, catch -and- release fishing, trip - rigged anchors and manual anchor placement in sand) and voluntary avoidance of bleached, diseased or otherwise stressed coral reefs. Conservation and Coastal Management 31 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Action 2.2.2: Involve community members, elected officials, visitors and Florida diving, fishing, and other maritime industries in climate change science and monitoring efforts on the Florida Reef System. Action 2.3.4: Identify, support, and showcase "climate smart" coastal/marine organizations and businesses (including reef -based industries, ports and harbors., local governments and individuals) that increase sustainability of reef - related activities and reduce greenhouse gas emissions, such as energy and water efficiency, alternative energy and carbon offsets. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 32 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 203.4 Monroe County shall support state and federal agencies in development and implementation of management measures designed to protect the fisheries of the Florida Keys. [9J 5.013(2)(b)4] [§ 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.f., F.S.; §163.3177(6)d.2.g., F.S.1 Policy 203.4.1 Monroe County shall periodically coordinate with FWC and other applicable agencies to encourage best practices to protect natural habitats in regards to commercial and recreational fishing gear and methods. , potential land management problems in the region which may affect the conservation, use and protection of water quality and fisheries in Florida Bay. (Sec Objective 202.16 and related policies.) [9J 5.012(3)(b)1 and 2; 9J 5.013(2)(b)2,3,4,6 and 10], Policy 203.4.2 Monroe County shall continue to propose actions for consideration by the Florida Fish & Wildlife Conservation Commission Division of Marine Fisheries Management and the National Marine Fisheries Service - . .. • • - - - - Commission designed to reduce adverse impacts of the Spiny Lobster Sport Fishing-Season on the lobster fishery and sensitive marine resources of the Florida Keys. [9J 5.013(2)(c)6] f § 163.3177(6)d.2.e., F.S.I Policy 203.4.3 Monroe County shall periodically meet with the Florida Fish and Wildlife Conservation Marine Fishcrics Commission Division of Marine Fisheries Management, State and federal agencies, and research organizations to assess measures which could be implemented by Monroe County to protect the fisheries of the Florida Keys. To the extent practicable, Monroe County shall take steps to implement such protection measures as may be identified through this cooperative effort. [9J 5.013(2)(c)6] f § 163.3177(6)d.2.e., F.S.l Policy 203.4.4 Monroe County shall support the efforts .. . . - • - - • • • - •• - . .. . - - - - - . • :. - of the agencies having jurisdiction to implement the Florida Keys National Marine Sanctuary Revised Management Plan utilizing an ccosystcm approach. This would propose consolidation of ' - . • : . _ - - - . • :. Marine Fishcrics Commission, the Division of Marine Rcsourccs, and thc Florida Gamc and Fresh Water Fish Commission. [9J 5.013(. f§163.3177(6)d.20}64 Polic 203.4.5 64• .. .. - for thc Florida Kcys. (See Policy 203.1.2.) [9J 5.013(2)(c)6] Conservation and Coastal Management 33 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update impacts management program which shall address the problem of propeller 5.013(2)(c)6.e., F.S.; Policy 203.4.75 Monroe County shall continue to support scientific studies efregarding stresses on seagrass and coral and other hardbottom community ecosystems in the Florida Keys region. (Sec Policies 203.2.4. and 203.3.1) [9J 5.013(2)(c)6] [§ 163.3177(6)d.2.e., F.S. Policy 203.4.86 Monroe County shall support, and wherever feasible, aidencourage private and non - profit groups, as well as public agencies., in promoting aquaculture —The . .. - . . - .... . . : which augments fisheries, limits stress on fisheries, and/or replaces depleted, stock in the Florida Keys. [9J 5.013(2)(c)6] [§ 163.3177(6)d.2.e., F.S.1 Conservation and Coastal Management 34 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Objective 203.5 Monroe County shall continue to review the recommendations and options identified in The Boating Impacts Management Plan Final Report (1992); Keys -Wide Mooring Field System Preliminary Planning Document (2002); and Development of a Boating Management Plan for the Boca Chica Harbor Area (2008), which are designed to reduce adverse impacts on water quality and living marine resources associated with recreational boating. [& 163.3177(6)d.2.e., F.S.] management program. [9J 5.012(3)(b)1; 9J 5.013(2)(b)1] P 202 5 4 • _ .... - - . _ _ " e - _ • $ . - • _ . [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)21 P vessel removal plan. [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2} Policy 203.53 203.5.1 Monroe County shall develop maintain critcria for marina siting which shall meet or exceed state standards_ :.- : - • - - : - .. - • • . . : • - . See Objective 212.4213.3 and related policies.) [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2} [§ 163.3177(6)d.2.b., F.S.; .$163.3177(6)d.2.e., F.S. ; §163.3177(6)d.2.i., F.S.j Policy 203.5.4203.5.2 Monroe County shall preparemaintain a plan for mooring buoy sites. Two types 0f-sites-shall-be-identified, including: 1. live - aboard mooring sites (See Policy 202.43.24); and 2. short-term recreational mooring sites. Identification of mooring sites shall be undertaken in coordination with NOAA DER, and DNRFDEP, and shall be consistent with recommendations of the Florida Keys National Marine Sanctuary Management Plan (U.S. Dcpt. of County's Geographic Information System. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(0)1 and 6]. [§ 163.3177(6)d.2.b., F.S.; § 163.3177(6)d.2.e.., F.S.; §163.3177(6)d.2.i., F.S.} Conservation and Coastal Management 35 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update IMPOIR Monroe County shall support a boater education program in coordination IA ith the Cooperative Extension Service Florida Sea Grant •D FWC, FKN1111 federal and ncies NO A develop and commence propellor scarring and to minimize ve•scl groundings. To accomplish this, __ --- .•e•• . . .. -. .. . - . • . - - .. .. - depending upon location. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 t ' - • - - - • . , . •. . ...- II "' • . . , .. - - . . . , - • . . - .. . _ - - - , {9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(0)1 and 6] [ §163.3177(6)d.2.b., F.S.; § 163.3177(6)d.2.e., F.S.;§ 163.3177(6)d.2.i., F.S.] boating protcction zone. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(0)1 and 6] coordinated by the Monroe County Department of Marine Resources. [9J 5.012(3)(c)1,2,3 and 8: 9.1 5.013(2)(c)1 and 6] Conservation and Coastal Management 36 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Peley-28 Monroe County shall establish a citizens advisory council for boating .. 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] <The Remainder of This Poke Left Intentionally Blank> within the Florida Kcys. [9J 5.012(3)(b)1; 9J 5.013(2)(b)1] Polley-203.6.1 : ! - . - - - - - - - - - _._ - -- • . _ !_... • . ! -_ - •... - -. ,.. _ •. -- - - - . - - . . .. - . - -- - . Regulations. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 20376.2 Sanctuary (FKNMS) Management Program. This program shall include of the Florida Keys. The County shall: • - • • _ • - - - - - s - - -- • Conservation and Coastal Management 37 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update By January 1998, Monroc County shall coordinatc its boating impacts management activities with thosc of NOAA, DNR Marine Patrol, DNR Park Service, and the U.S. FWS. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 •• • •. • • • •. • Conservation and Coastal Management 38 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 204 The health and integrity of Monroe County's marine and freshwater wetlands shall be protected and, where possible, restored and enhanced. [9J 5.012(3)(a); 9J 5.013(2)(a)] Objective 204.1 By January 1, 1998, Monroe County shall develop an information system to be used as the basis for regulating land development activities in wetland areas, to identify potential wetland restoration sites and—to identify high quality wetland sites for possible future acquisition by the County, State and /or private non - profit conservation organizations. [9J 5.012(3)(b)1; 9J 5.013(2)(b)3] [ §163.3177(6)d.2.j., F.S.; §163.3177(6)d.2.k., F.S.l Monroe County shall participate in the Florida Kcys Advance Identification of Wetlands (ADID) Program. This program is designed to facilitate the regulatory process under Section 101 of the Clen Water Act of 1973 by providing The proposed geographic scope of the ADID Program includes the entire Florida Keys, prioritized as follows: publicly owned lands on the islands connected by US 1; and As part of the ADID Program, Monroe County shall: of information forthcoming from the ADID Program; retain a consultant to map preliminary ACOE and DER jurisdictional lines; system; assist with preparing a draft Technical Support Document. [9J 5.013(2)(c)9] Conservation and Coastal Management 39 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 204.1.1 Monroe County may coordinate with other agencies in developing and administering a wetlands restoration program. Policy 204.1.2 Monroe County shall work cooperatively with the USACE, EPA, FWS, FDEP and FWC, and others as appropriate, to determine funding sources to support a wetlands restoration program. [S 163.3177(6)d.2.j., F.S.; $163.3177(6)d.2.k., F. S.1 Policy 204.1.23 Monroe County shall cooperate with the Florida Game and Fresh Water Fish Commission (FGFWFC) in its ongoing effortcoordinate with the FWC to update as needed and maintain the existing freshwater wetlands and disturbed wetlands mapping. in the Lower Keys. [9J 5.013(2)(c)9] <The Remainder of This Page Left Intentionally Blank> available from thc ADID Program and from the FGFWFC to generate a new set the County. In order to prepare the new wetlands maps, Monroe County shall compile Geographic Information System (GIS). Thc new composite map set shall be plotted by thc GIS at a scale of 1" Thc maps and /or overlays shall show: type; advisory ACOE and DER jurisdictional lines mappcd as part of thc ADID wetland "suitable /unsuitable" designations with rcspcct to ACOE Section 101 permitted activities mapped as part of thc ADID Program (Sec Policy 201.1.3). [9J 5.013(2)(c)9] As part of the ADID Program, Monroc County shall cooperate with thc EPA, ACOE, FGFWFC, SFWMD and FWS to develop a wetlands functional assessment protocol. This asscssmcnt protocol shall be tailored for use in the Conservation and Coastal Management 40 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Florida Keys and shall be based upon habitat suitability, water quality, and flood flow alteration functions of marine and frcshwatcr wctlands. [9J 5.013(2)(c)9] P 204 5 As part of thc ADID Program, Monroc County, EPA, FWS, and FGFWFC will jointly carry out thc functional analysis of wctlands. This shall be completed on Gitcs outsidc improved subdivisions, according to statistically valid selected . - .. • !. P9 -2414:1A thc Geographic Information Systcm to rcflcct information obtaincd during [9J 5.013(2)(c)9] Conservation and Coastal Management 41 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Objective 204.2 Monroe County shalltenot allow the loss of undisturbed wetlands and shall elimieor the net loss of disturbed wetlands. [9J 5.012(3)(b)1; 9J 5.013( f § 163.3177(6)d.2.j., F.S.; § 163.3177(6)d.2.k., F.S. Policy 204.2.1 Monroe County shall utilize the Wetlands Evaluation Procedure (KEYWEP) to determine the functional capacity of wetlands and Uniform Mitigation Assessment Method (UMAM) to determine mitigation requirements for impacts to wetlands. f § 163.3177(6)d.2.j., F.S.; §163.3177(6)d.2)(4)-3-1.k., F.S.1 Policy 204.2.12 To protect submerged lands and wetlands, the open space requirement shall be 100 percent of the following types of wetlands: 1. submerged lands; 2. mangroves; 3. salt ponds; 4. freshwater wetlands; 5. freshwater ponds; and 6. undisturbed saltmarshsalt marsh and buttonwood wetlands. Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. [9J 5.012(3)(c)1 and 2; 9J 5.013(2)(c) 6] Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a prohibition of development in salt ponds. f § 163.3177(6)d.2.j., F.S.; §163.3177(6)d.2.k., F.S.1 Policy 204.2.23 No structures shall be permitted in submerged lands, mangroves, salt ponds, or wetlands, except for elevated, pile- supported walkways, docks, piers and utility pilings._ No fill shall be permitted in submerged lands, mangroves, salt ponds, or wetlands except; 1. as specifically allowed by Objective 2.6212.5 and subsequent Policies; Conservation and Coastal Management 42 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update 2. to fill a manmade excavated water body, such as a canal, boat ramp, or swimming pool if the Director of Environmental Resources determines that such filling will not have a significant adverse impact on marine or wetland communities; or 3. as needed for shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined by the Directors of Planning and Environmental Resources. All such projects shall require approval by thc Florida Department of Environmental of a County building permit. [9J 5.012(3)(c)1 and 2; 9J 5.013(2)(c)6]County. Policy 204.2.34 No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy 204.2.2 -3 (as amended) and for bridges extending over mangroves or wetlands that are required to provide automobile or pedestrian access to dwelling units located on upland areas within the same property for which there is no alternative means of access. Such bridges shall be elevated on pilings such that the natural movement of water, including volume, rate, and direction of flow shall not be disrupted or altered. Upland areas shall include disturbed wetlands that have been lawfully converted into uplands through filling. (9J 5.012(3)(c)1 and 2; 9J 5.013(2)(c)6)f § 163.3177(6)d.2.j., F.S.; § 163.3177(6)d.2.k., F.S.1 Polley-2042A wetlands, no development activities shall be allowed in wetlands pending January 1, 1999, thc ADID or other similar revised program shall assess the Upon completion and adoption of thc functional assessment, it shall be incorporated into thc plan, along with a functional definition of disturbed wetlands, by plan amendment. Policy 204.2.65 Monroe County shall adopt maintain environmental standards and environmental design criteria which establishurovide minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands — except for tidally inundated mangrove fringes and as provided for in Policies 204.2.23, and 204.2.31, and 201.2.1. . The setback is measured from the landward extent of the wetlands as determined pursuant to 62- 340.300 F.A.C. Conservation and Coastal Management 43 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update If a 50 -foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty -five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty -five (25) feet, without regard to buildable area, if the entire setback area is planted and maintained in native vegetation with a site - suitable stormwater management plan in accordance with County regulations and approved by the County Biologist and placed under conservation easement. "Development" shall include all activities as currently defined in the F.S. 380.05.- The effectiveness of this policy shall be reviewed during the Evaluation and Appraisal Review (EAR) Process. f § 163.3177(6)d.2 j., F.S.; § 163.3177(6)d.2.k., F.S.1 Policy 204.2.6 Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall evaluate revising the LDC to modify the definition of disturbed wetlands to include those wetlands that receive a KEYWEP total functional index of 5.5 or less. Policy 204.2.7 Within one (1) year after the adoption of the 2030 Comprehensive Plan Update, Monroe County shall revise the LDC to provide a definition of wetlands that is consistent with the State definition contained in 62- 340.200 (373.019(17) F.S.). Policy 204.2.78 Monroe County shall attempt to ensure that dredge and fill activities that require permits from federal, state, regional, and county regulatory authorities are done through a coordinated interagency review process. In addition, applicants for a and federal regulatory agencies prior to issuance of a County permit (Sec PolicieJ 101.2.2 and 101.3.2.) (HB530) Policy 204.2.89 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill regulations. All illegal structures and fill shall be removed and damages mitigated. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 204.2.910 Monroe County shall developmaintain, and update as necessary, a schedule of monetary penalties that provides for fair and equitable penalties for all dredge and fill violations. Penalty revenues .... . - - - - • - . shall be paid to the Monroe County Environmental Land Management and Restoration Fund or set aside and used specifically for water quality enhancement projects or wetland Conservation and Coastal Management 44 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update restoration or enhancement projects. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 P 204 7 10 ••: - - - -- in the ADID program, Monroe County shall revise the land development ratios, permittcd uscs, filling, and setbacks as may be deemed appropriate to protect wetland habitats. [9J 5.012(3)(c)1 and 2; 9J 5.013(2)(c)6} Conservation and Coastal Management 45 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 4,3 By January 1, 1998, Monroe County shall initiate a program to restore disturbed marine and freshwater wetlands. (Sec Goal 210 and related objectives and policies.) [9J 5.012(3)(b)1; 9J 5.013(2)(b)3] The Monroe County Growth Management Division shall be responsible for restoration program. updated every othcr year. This list shall be developed by Monroc County in consultation with representatives of thc ACOE, EPA, FWS, DER, DNR, FGFWFC, and others as appropriate. Priority wetland restoration sites shall be those disturbed wetlands offering the grctatest potential incrctase in functional value after mitigation, as determined in thc Florida Keys ADID Program. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6} Monroe County shall work cooperatively with thc ACOE, EPA, FWS, DER, DNR, FGFWFC, and others as appropriate, to determine funding sources to support the wetlands restoration program. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6] A wetlands restoration fund shall be established. This fund shall include, at a 1. restoration fccs paid by landowners developing in disturbed salt marsh and 2. fines collected by the Environmental Crimes Task Forcc for wetlands vietatieFts, If possible, additional funds shall be obtained for thc fund from statc and federal agencies through fccs, fines and /or special programs (as dctcrmincd by Policy 201.3.3). Poliey 204.3.5 to illegal dumping. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6} The Environmental Crimes Task Force shall enforce county, state and fcdcral regulations pertaining to illegal use of off road and all tcrrain vehicles. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6] <The Remainder of This Page Left Intentionally Blank> Conservation and Coastal Management 46 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 204.34 By January 1, 1998, Monroe County shall establishmaintain a program for acquiring or restoring high quality ..- : • ... . . . .. . ... .. ... wetlands. (See Future Land Use Objective 102.4 and related policies.) [9J 5.012(3)(b)1; 9J 5.013(2)(b)3] f 163.3177(6)d.2.e., F.S.; 163.3177(6)d.2 j., F.S.] Policy 204.43.1 The Monroe County Growth Management Division in coordination with the Monroe County Land Authority and other federal and state agencies will continue with wetlands acquisition through the Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition Fund. Priority wetland acquisition sites shall include the following: This list shall be devclopcd by Monroe County in consultation with rcprcscntativcs of the ACOE, EPA, FWS, DER, DNR, FGFWFC, and others as 1. wetlands having the greatest functional value as determined in the Florida by KEYWEP; 2. wetlands which are documented habitat of species of special status; and/or 3. undisturbed and disturbed wetlands located within . [9J 5.012(3)(c)2; 9J 5.013(2)(c)6 }the Improved Subdivision (IS) zoning district. N163.3177(6)d.2.e., F.S.; §163.3177(6)d.2j., F.S.] <The Remainder of This Page Left Intentionally Blank> Conservation and Coastal Management 47 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 205 The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, enhanced. [9J 5.012(3)(a); 9J 5.013(2)(a)] f 163.3177(6)d.2.d., F.S.; $163.3177(6)d.2.h., F.S.1 Objective 205.1 Monroe County shall . ' ' - - . .. - • : .. _ . • - . . - • • _ _ Study (FKCCS), FMRI, habitat maps and field evaluation to identify and map areas of upland vegetation in the Florida Kcys and to prcparomaintain the Tier Overlay District Maps as required in Policy 105.2.2. ' ! ; ' ! .163.3177(6)d.2)(b)3] .d., F.S.; 163.3177(6)d.2.h., F.S.1 Policy 205.1.1 The County shall establish the following criteria, at a minimum to use when designating Tiers: [ 5 013(J 163.3177(6)d.2X(s}9 }.d., F.S.; $163.3177(6)d.2.h.., F.S.] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer /restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. Conservation and Coastal Management 48 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. (The remainder of this page left intentionally blank.) aerial photography, satellite imagery and the FKCCS, including mapping and preliminary grctcr. [9J 5.013(2)(c)9} Policy 205.1.3 the data and prepare the Tier Overlay District Maps for adoption as required in Policy 105.2.2. [9J 5.013(2)(c)9] Polic 205 1 A The GIS will be used to evaluate the lands designated in the different Tiers, identifying planning. [9J 5.013(2)(c)9] Policy 205.1.5 Land management activities, land acquired and permit data shall be incorporated into the GIS annually. [9J 5.013(2)(c)9] Pe cics shall include, at a minimum, the Environmental Protection • : - - - ' • , • --- - - :ineers (ACOE), Florida Dcpartmcnt of Environmental Protection (FDEP), Florida Department of Community Affairs (FDCA), South Florida Water Management District (SFWMD), Florida Fish and Wildlife Conservation (FWC), -- Conservation and Coastal Management 49 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 205.2 To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall Develepment land development regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and pinelands. [9J 5.012(3)(b)1; 9J 5.013(2)(b)3] N 163.3177(6)d.2.d., F.S.; 163.3177(6)d.2.h., F.S.] Policy 205.2.1 Monroe County shall maintaindesignate the boundaries of the overlay tier system overlay based on the criteria in Policy 205.1.1. Policy 205.2.2 Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or pinelands of one acre or more in area to protect areas of native upland vegetation- (See Policy 101.5.6.4). [9J 5.012(3)(c)1, [ §163.3177(6)d.2 a ^a 3 9T c 01 1(.d., F.S.; §163.3177(6)d.2 }.h., F.S.] Policy 205.2.3 Gluster-ifigMonroe County shall maintain clustering requirements shall be revised as follows: 1. when a parcel proposed for development contains more than one (1) habitat type, development shall be: a) clustered on the least sensitive portion of the parcel, until the maximum allowable density is reached; b) if further development occurs, it shall be clustered on the next least sensitive portion of the parcel, until maximum allowable density is reached, etc.; and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. For the purpose of this policy, the relative sensitivity of separate habitat types shall be - - . . _ - by reference. as listed below with 1 (freshwater wetlands) being the most sensitive and 16 (disturbed with exotics) the least sensitive. 1. Freshwater wetlands; 2. Salt marsh and/or buttonwood association wetlands; 3. Cactus hammock; 4. Palm hammock; 5. Beach/berm; Conservation and Coastal Management 50 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 6. Pinelands 7. High Hammock 8. Low hammock 9. Disturbed beach/berm; 10. Disturbed with freshwater wetlands; 11. Disturbed with salt marsh and/or buttonwood association wetlands; 12. Disturbed with slash pines; 13. Disturbed with high hammock; 14. Disturbed with low hammock; 15. Disturbed; and 16. Disturbed with exotics. Policy 205.2.4 Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering. Policy 205.2.5 - • - •• - - •. .: • - •• - • Existing Conditions Reports shall include identification of measures for protecting native upland vegetation (Sec Goal 218 - • - • • - • • . . - • • - . Successful implementation of these measures shall be required as a condition of issuance of a certificate of occupancy. {93- 5.013(2)(c)3} [§ 163.3177(6)d.2.d.1 Policy 205.2.6 - The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps. Clearing of upland native vegetation communities in the Tiers I, II, III and III -A (SPA) shall be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.45.2227.* [§ 163.3177(6)d.2.d., F.S.1 *Clearing on Big Pine Key and No Name Key is limited to the provisions in the USFWS issued Incidental Take Permit (ITP) TE08341 l -0. Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.45.27. For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet or as specified in Policy 101.45.27. The immediate development area shall include the area of approved clearing shown on the approved site plan. The immediate development area shall be fenced throughout the duration of construction. During construction, there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing. [9J 5.013(2)(c)3} [§ 163.3177(6)d.2.d., F.S.1 (Ordinance 026 -2012) Conservation and Coastal Management 51 Keith and Schnars, P.A. Comprehensive Plan: October 2014 ' Monroe County Comprehensive Plan Update Policy 205.2.8 Development shall not disturb the following vegetation: 1. champion trees; 2. specimen trees (diameter at breast height that is greater than seventy -five (75) percent of the record tree of the same species for the State of Florida); and 3. plant species listed by the USFWS as threatened and endangered. {-93- 5.013(2)(c)3} (§ 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.h., F.S.1 Policy 205.2.9 Development shall be sited so as to avoid or minimize impacts en-to the following plants: 1. species listed by the Florida Department of Agriculture and Consumer Services as threatened, endangered or commercially exploited (excluding those specifically protected by Policy 205.2.8); 2. other locally rare native species (See Policy 205.3.1); and 3. native trees with diameter at breast height (dbh) of four (4) inches or greater. In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach, then success transplantation of such species shall be considered on sitc. survival aftcr a period of one (1) year.the following options shall be considered by the County Biologist: (1) Successful transplantation of affected plants /individuals ( "successful transplantation" shall be defined as one - hundred (100) percent survival after a period of one (1) year); or (2) Where the probability of survivability of transplanted plants is low or when there is no suitable planting area on the subject site (as determined in writing by the County Biologist), then the applicant shall be required to paymake a payment into the Monroe County Land Management and Restoration Fund (See Goal 20940 and related objectives and policies), or). Payments into this Fund for this purpose shall be calculated as follows: Payments shall be equal to donate replacement cost at a rate of 3:1 for all native trees over four inches dbh; all listed species of any size; and all locally rare native species; or Conservation and Coastal Management 52 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update (3) Donation of nursery stock to county or state restoration projects.- (subject to approval by the receiving public agency /manager). Donated nursery stock shall be identical in species composition to that which will be lost to construction- or as determined by the receiving public agency /manager for the restoration project. Stock shall be donated according to the €eliewiog- replacement s e:rate (3:1) described above. The County Biologist may also approve alternative native species, as requested by the receiving public agency /manager. [ §163.3177(6)d.2.d., F.S.1 for native trccs over four (1) inchcs dbh, three (3) replacements for each taken; for listed species of any size. three (3) replacements for each taken; and In situations where replacement stock is not available, then a replacement Gchedule utilizing alternative species shall be approved in writing by the County Biologist. This alternative shall be utilized only after all possible sourccs of In situations where payments are made in lieu of donations of stock, such payments shall be sufficient to purchase stock in numbers corresponding to the above replacement schedule. [9J 5.013(2)(c)3] Policy 205.2.10 Invasive exotic vegetation shall be removed from the development parcel as a condition for issuance of a Certificate of Occupancy. [9J 5.013(2)(c)3] [§ 163.3177(6)d.2.d., F.S.l Policy 205.2.11 A list of invasive exotic upland plants shall be pfepefedmaintained by the County biologist. [9r c 0, 3( and made available to the general public. [§ 163.3177(6)d.2)(c)3].d., F.S.] Policy 205.2.12 Monroe County shall use the - . . ... - - - - . ... 1986 and as depicted on thc "December 1985 Habitat Classification Aerial Photographs," as a general guide to habitat characteristics, reference as a baseline for thc typc and extent of habitat on a parcel. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases and/or losses in the amount of upland native vegetated areas. The County biologist shall review the best available data for the review of habitat areas. Conservation and Coastal Management 53 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update (no Policy 205.2.13) Policy 205.2.4413 Monroe County shall require, in the Land Development RegolsCode, an Existing Conditions Report including a vegetation survey for any development that may disturb native upland vegetation. At a minimum the report shall include an analysis of the potential impacts of the proposed development on native upland habitats, a description of the measures designed to reduce identified adverse impacts including clustering_ <The Remainder of This Pake Left Intentionally Blank> Conservation and Coastal Management 54 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Objective 205.3 By January 1, 1998, Monroe County shall ' maintain the existing program for identification and protection of plant species of special status. These shall include plants designated as threatened and endangered by the FWS and those designated as threatened, endangered or commercially exploited by the Florida Department of Agriculture. {9J 5. 013(J 4163.3177(6)d.2)(b)3)].d., F.S. ; §163.3177(6)d.2.e., F.S.1 Policy 205.3.1 Monroe County shall develepmaintain a list of locally rare plant species. This list shall include species which are rare within the Florida Keys but which do not have special status. [9J 5.013(2)(c)9] f & 163.3177(6)d.2.d., F.S. §163.3177(6)d.2.e., F.S.] Policy 205.3.2 Monroe County shall maintain maps showing occurrences of the following species: 1. plant species designated by the FWS as threatened and endangered; 2. plant species designated by the Florida Department of Agriculture as threatened, endangered or commercially exploited; and 3. plant species designated as locally rare. Information shall be obtained from the Florida Natural Areas Inventory data-base. #database, which shall be entered into the County's GIS. To the extent possible, the historic occurrence data shall be plotted on specific parcels for which the occurrences were recorded. The GIS data base shall be updated annually. {93- 5.013(2)(c)9]J&163.3177(6)d.2.d., F.S. ; &163.3177(6)d.2.e., F.S.1 Policy 205.3.3 Monroe County shall activel.f participate in the Florida Champion Tree Program of the Florida Department of Agriculture. {9-�3( [§163.3177(6).12)(094.d., F.S. ; §163.3177(6)d.2.e., F.S.] Policy 205.3.4 Monroe County shall work cooperatively with the FWS to promote the recovery of plant species designated by the federal government as threatened and endangered. Related activities shall include: 1. identification of sites in the Keys with key tree- cactus (Cereus rebiniiPolosocereus polvgonus), Small's milkpea (Galactia smallii), and Garber's spurge (EupitengbietChamaesyce garberi); Conservation and Coastal Management 55 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 2. notification to the FWS when development proposals are received for sites having historic and/or current occurrences of federally- designated plant species list in (1.) above; 3. cooperation with the FWS in locating potential introduction sites for federally - designated plant species; and 4. technical assistance, and where possible, financial assistance, with acquisition of: a) sites having known populations of federally- designated plant species; or b) sites deemed highly suitable as re- introduction sites for such species. {9J 5.013(2)(0)9] J§ 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.I <The Remainder of This Pate Intentionally Left B/ank> policics). [9J 5.012(3)(b)1 and 2; 9J 5.013(2)(b)2,3,4,6 and 10] Conservation and Coastal Management 56 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 205.45 Monroe County, together with private, state, and federal agencies, shall establishnaintain a program for acquiring and maintaining native upland habitat to implement Goal 105 and the recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related policies). II ! ; • .• • 163.3177(6)d.2 }.d., F.S.; §163.3177(6)d.2.e., F.S.I Policy 205.45.1 The Monroe County Division -of Growth Management- shall work cooperatively with the Monroe County Land Authority and other responsible state and federal agencies in developing and administering the acquisition program. Acquisition shall be undertaken to implement the Monroe County Land Acquisition Master Plan (Objective 102.4). [9J 5.012(3)(c)2; 9J 5.013(2)(c)6] [ §163.3177(6)d.2.d. F.S.; §163.3177(6)d.2.e., F.S.] P Monroe County in consultation with representatives of FDEP, FDCA, USFWS, Policy 205.4.2 Monroe County shall support the acquisition of native upland habitat for conservation within areas designated Tier I, Tier II, Tier III -A (SPA), and Florida Forever project boundaries. f 163.3177(6)d.2.h., F.S.l Policy 205.4.3 Monroe County shall continue to restore and maintain native upland vegetation systems on County -owned lands. - ! : • - • !. - . .. - . [& 163.3177(61)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.1 A disruptcd native upland vegetation systems on public lands. (Sec Objective 210.1 and <The Remainder of This Page Intentionally Left B /ank> Conservation and Coastal Management 57 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL -206 The health and integrity of Monroe County's bcach/berm resources shall be protected and, where possible, enhanced. [9J 5.012(3)(a); 9J 5.013(2)(a)] Upon adoption of the Comprehensive Plan, Monroe County shall revise the Land Development Regulations to include revised dcvclopmcnt standards pertaining to permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in undisturbed and disturbed beach/berm arcs. [9J 5.012(3)(b)'I] Upon adoption of the Comprehensive Plan, Monroe County shall implement the point rating to developments which require disturbance of undisturbed bcch/bcrm arcs. (Sec Policy 101.5.1). [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6} Poliey206.1.2 be reviewed in coordination with DNR. Existing setbacks in the Land Development Regulations (Monroe County BOCC, 1990) shall be revised as deemed appropriate based upon findings of this review. (Sec Objective 212.2 and related policies). [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6] Permitted uses within the shoreline setback along natural shorelines characterized by beach/berm vcgctation shall bc limited to docks and walkways. Access shall be restricted to wooden dunc walkover structures which, in thc absence of a dock, shall terminate at thc watcrward toc of the dune. All structures shall be elevated on pilings or othcr supports. [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6} No beach/berm material shall bc excavated or removed and no fill shall be dcpositcd on a bcchlbcrm. [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6} Clearing of beach/berm vcgctation in the arca landward of thc shorclinc setback shall be limited to thc minimum clearing rcquircd to allow dcvclopmcnt of a permitted use. Prior to commencement of construction, the immediate arca rcquircd for construction shall be enclosed with fcncing. No vehicular or pedestrian traffic shall be permitted outsidc thc fenced arcs for thc duration of • to avoid thc introduction and /or establishment of invasive exotic specics.[9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6] Conservation and Coastal Management 58 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Pettey -286 Stable condition. Restoration techniques shall be designed to achieve the maximum stability po: ciblo. Native plants shall be used exclusively in re vegetation. [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)3 and 6] P 206 7 .. _ • 1 . 9J 5.013(2)(c)3 and 6] P 206 4 4 • - . • - - - • - _ . -- . .. . _... -. . • . .. • Biologist. [9J 5.013(2)(c)3; 9J 5.013(2)(c)6] 06 :3 • _ . _ .. - - - .. _ - - - - - - _ - .. • - - , .1.: - 2079.7). [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6} Polley-206440 Seawalls shall be prohibited on any boach or open water shoreline. [9J 5.012(3)(c)1,2 and 3; 9J 5.013(2)(c)6] Conservation and Coastal Management 59 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update bead/ berm resource areas on public lands. (See Objective 210.1 and related policies.) [9J 5.012(3)(b)1; 9J 5.013(2)(c)6] Conservation and Coastal Management 60 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update publicly owned beaches (Scc Recreation and Open Space Objective 1201.11 and related • .. - .. •. .. - !. - • - !. - . [9J 5.012(3)(b)'1; 9J 5.013(2)(c)6} Conservation and Coastal Management 61 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 64 ..• -.. .A.._.. - •. • _ • 5.012(3)(b)'I; 9J 5.013(2)(c)6] .. • - - -- -- -. ._ • - - Park Program. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6] - - -- - •. • .. _.. - are documented ncsting sitos for state and federally designated species (Sco Policy 207.9.2); abler • t • • Conservation and Coastal Management 62 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 207206 Monroe County shall protect and conserve existing wildlife and wildlife habitats. [9J 5.012(3)(a); 9J 5.013( f $163.3177(6)d.2)a)-.e., F.S.1 Objective 207206.1 By January 1, 1997, Monroe County shall adopt n3continue to the Land Development Regulation enforce land development regulations which shall protect wildlife and wildlife habitat from adverse impacts of development. [9J 5.012(3)(b)1; 9J 5444-3 Policy 207206.1.1 An Environmental Impact Asscssment (EIAExisting Conditions Report (ECR) shall be required for bland development projects that impact or propose removal of native habitat. - - _ .. :. : - : - ... _ • - ., . .: • _ _ . As part of the EIAECR, the applicant shall be required to sempleteprovide the following °information related to wildlife and wildlife habitat: 1. a speeiesvegetation survey to include, at a minimum, specics of special existhig-efithat identifies the istribution and quality of native habitats; 2. an assessment of any endangered/threatened or protected species (which is known to occur or °ciated withfor which potential suitable habitat occurs) within the parcel or lot proposed Eleveleproentto be developed; and 3. identification of measures that will avoid or lessen the identified wildlife impact. Monroe County shall, when deemed appropriate, incorporate the-wildlife impact avoidance measures as stipulations for the land development order. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Conservation and Coastal Management 63 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery, based on resource agency best available data or survey, : • - - - - - . - • ' . - - - . Sperm. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 61 Monroe County shall discourage the development of offshore islands (including spoil islands) which have no prior development and have significant upland habitat by the extension of public facilities and designating the offshore islands as Tier I. Policy 20 3 The Open Space Requirement for undisturbed salt marsh and buttonwood wetlands shall be one hundred (100) perccnt. (Sec Policy 20 /1.2.1). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 20 Clustering requirements shall be revised so as to reduce habitat fragmentation (See Policy 205.2.3). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 206.1.4 Monroe County shall implement a "Permit Referral Process" for review of all development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs) ". The SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS) which contain potentially suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree - Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and USFWS regarding permit applications filed with or issued by Monroe County. MUM Monroe County shall work cooperatively with USFWS in requiring any development permit application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and /or are not included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult directly with USFWS and provide authorization from USFWS to Monroe County before commencemeevelop, Conservation and Coastal Management 64 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 65 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 207206.2 Monroe County shall provide guidance to private landowners to reduce disturbances to wildlife species designated by the FWS and-the-State-as threatened or endangered. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6] Policy 20-7206.2.1 The —Monroe County t • • - .. . • . • - ` • ' , - - - - , .. . = FWS, shall pFeparedistribute management guidelines (if available) for wildlife species designated as threatened and endangered by the state and federal governments. To the maximum cxtent possible, the County shall rely on The guidelines shall provide public education to residents and prospective developers within critical habitat areas regarding activities disruptive or harmful to specific wildlife species. As appropriate for each species, the guidelines shallmay address items such as feeding, free - roaming domestic pets, invasive exotic species, noise, traffic, fencing, pesticide applications, etc. Existing laws - • • • • Policy 20-7206.2.2 Monroe County shall make the management guidelines for designated wildlife species available to the general public. • .! _ • • . ! - .. . Policy 207206.2.3 Monroe County shallmay, as appropriate, incorporate specific management guidelines for ctatc and federally- designated wildlife species as conditions for land -- development orders. [9J 5.012(3)(0)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Paje Intentionally Left Blank> Conservation and Coastal Management 66 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 207206.3 Monroe County shall protect native wildlife species, especially state- and federally - designated species, from disturbance and predation by free - roaming domestic pets, particularly cats and dogs. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6] Policy 207206.3.1 Big Pine and No Name Keys shall be high priority areas for controlling free - roaming cats and dogs. ... . . ... • • ; - - .. : • . _ • . 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207206.3.2 The control of free - roaming cats and dogs shall be a priority for the following at risk listed species: Key Largo Cotton Mouse, Key Largo Woodrat, Lower Keys Marsh Rabbit, and the Silver Rice Rat. .. . : ' • . .. . - -- .. .. • . to Policy 207.3.1). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] P 207 3 3 By January 4, 1998, the Monroc County Animal Control Dcpartmcnt shall frcc roaming domcstic pcts. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6} Conservation and Coastal Management 67 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Objective 207.4206.4 Monroe County shall protect its native wildlife populations from invasive exotic wildlife species. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6] Policy 207.4.1206.4.1 To limit negative impacts to native fish and wildlife, Monroe County shall support Federal, State and non - governmental programs designed to avoid the introduction and establishment of, and to encourage the removal of, exotic invasive species; including but not limited to, supporting lionfish derbies. FGFWFC and the FWS to develop a list of undesirable cxotic wildlife species (exclusive of horscs, domcstic dogs, and domcstic cats). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Polley-207.4.2 By January 4, 1998, Monroc County shall adopt an exotic wildlife ordinance 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Conservation and Coastal Management 68 Keith and Schnars, P.A. Comprehensive Plan: October 2014 Monroe County Comprehensive Plan Update Obj 207 5 • • : : - - - • unty shall implement an expanded program for mapping occurrences and habitat of species of special status. These shall include designated as threatened, endangered or species of special concern by the FGFWFC. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6] Policy 207.5.1 Monroe County shall develop a list of locally rare wildlife species. This list shall include species which arc rare within the Florida Keys but which do not have pccial status. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Poli Monroe County shall expand and update its maps showing occurrences of the following species: wildlife species designated as threatened and endangered by the FWS; wildlife spccics designated as threatened, endangered or spccics of special concern by the FGFWFC; and It shall be entered into the County's GIS. To the extent possible, the historic occurrence data shall be plotted on specific parcels for which the occurrences were recorded. GIS data shall be updated annually. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.53 Areas Inventory, FGFWFC, and FWS to assist the County in idcntifying the probable concentrated range of wildlife spccics of special status. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Conservation and Coastal Management 69 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update the FWS, DNR, and FGFWFC to promote the recovery of wildlife species - _ . . . . . : • vernmcnt as threatened and endangered. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6} Monroc County shall routinely notify the FWS, DNR, and FGFWFC, as and /or current occurrcnces of species designated as threatened or endangered by the f deral ana state governments. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 61 P - • - - - - . introduction sites for federally designated wildlife species. [9J 5.012(3)(c)l; 9J 5.013(2)(c)5 and 6] Monroe County shall provide technical assistance, and where possible, financial Site acquisition shall be considered through thc Monroe County Natural Heritage and Park Program. (Sec Future Land Use Objective 102.4 and rclatcd policies). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Monroc County shall support special activities to protect specific species designated by thc FWS as threatened or endangered (pursuant to FKAA Rule Chapter 48 7). (Sec Objectives 207.8 through 207.13 and rclatcd policies). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] F ^ ^ t confirm compliance with mandatory requirements of the FWS. These FWS requirements prohibit water connections or hookups within National Wildlife Refuge areas or hardwood hammock arcas within its jurisdiction. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Conservation and Coastal Management 70 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 11111116 Monroe County shall implement all itics to prohibit continue to discourage the destruction of, and work terisi the raimmaiof, the federally - designated Key deer (Odocoileus virginiwws clavium) and to protect its habitat. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6]; through the implementation of the policies incorporated herein. Policy 207.7.1 206.5.1 Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and No Name Key, consistent with the Goals, Objectives and Policies of this Comprehensive Plan and --i - girder, the Incidental Take Permit (ITP) and Habitat Conservation Plan (HCP) for Florida Key Deer and other Protected Species on Big Pine Key and No Name Key to: 1. protect the Key deer; 2. preserve and enhance the habitat of the Key deer; and 3. maintain the rural, suburban, and open space character of Big Pine Key. (See Future Land Use Objective 103.1 and related policies.) {9-J- 5.012(3)(c)1; 9J 5.013(2)(0)5 and 6) Policy 207.7.3 206.5.2 By January 4, 1998, Monroe County shall identiftcontinue to designate Key deer habitat areas as priority acquisition sites for conservation purposes, pursuant to Policy 102.4.2. - - .. .. ' ' . : '. - ..- : -... - • - .- .. - and in accordance with the : .. • • • - .. • • . . - . - - • . • - : - .. . - .. . . • . . • . . .. , , . - - :' • -- - - e.. . .' - .HCP &ITP. Park Program. (See Future Land Use Objective 102.4 and related policies). f9-3.- 5.012(3)(0)1; 9J 5.013(2)(c)5 and 6] By January 4, 1998, Monroc County shall mcct with federal agencies, state - , . . - - - . - - ' - - - _ • . - , - - _.. - - - - within habitat areas of the Kcy dccr. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 20-7, .6 (pursuant to FKAA Rules Chaptcr 18 7). {9J 5.012(3)(0)1; 9J 5.013(2)(c)5 and Conservation and Coastal Management 71 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 207.7.86.5.3 •• . - Big Pine Key,— and No Name Key, :.- - - - . : : • : - . shall be high priority areas for enforcement of animal control laws_ (pursuant to Policy 207.3.1). Adequate staff shall be provided at the animal shelter on Big Pine Key to enforce animal control laws (detcrmined pursuant to Policy 207.3.3). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207206.25_4 By January '1, 1997, Monroe County shall continue to meet with the FWS to determine measures which can be taken by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key deer. [9J 5.012(3)(c)1; 9J 5.013(2)(0)5 and 6] On an ongoing basis, Monroe County shall strictly enforce speed limits on roads on Big Pine, No Name, Big Torch, Middle Torch -and, Cudjo: no 'anther a a s s. ./444111 iii ii"rii a Iii irdi iatjt tr shall be a • .lied to lower the •robabilit of vehicle collisions with Ke dee - " arsh rabbits on Count 9J 5.012(3)(c) 9.1-i-041( 2 )( c )5 and By January 4, 1998, Monroe County shall initiate volunteer programs to • - - - • - - - - • . • Kcy deer (developed pursuant to Policy 207.2.1) to private landowners on Big Pine Kcy. [9J 5.012(3)(0)1; 9J 5.013(2)(c)5 and 6] The Monroc County Biologist shall meet routinely with the director of the • - - - - - - . • • • • 1 - <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 72 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objectiv ?Monroe County shall implement activities to prohibit the destruction of, and the recovery • the Florida manatee (Trichechus manatus), American Crocodile (Crococlylus acutus), and marine turtles, as well as to protect the habitat of these species. Species of marine turtles to be protected shall include the Atlantic Loggerhead Turtle (Caretta caretta), Leatherback Turtle (Dermochelys coriacea), Atlantic Hawksbill Turtle (Eretmochelys imbricata), Green Turtle (Chelonia mydas), and an.. other m turtle using Monroe County beaches as nesting habitat. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6]Kemp's ridley Turtle (Lepidochelvs kempi). Policy 207.8.1 206.6.1 By January 1, 1997, Monroe County shall revise the Land Development Regulatiefts—te—ifielude—ce*iseElmaintain land development standa ssregulations pertaining to permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm areas. (See Objective 2-06210.1 and related policies). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 Policy 207.8.2 206.6.2 By January 4, 1998, Monroe County shall ' ontinue to restore and maintain disturbed beach/berm areas on Monroe County owned or managed public lands. (See Policies Objectives 210.1 through and 210.92). {9J- 5.012(3)(0)1; 9J 5.013(2)(c)5 and 6} Pokey- 2O7.84 • ., By January 4, 1997, Monroe County shall adopt revisions to the Land • .. - . _ - - {9J 5.012(3)(c)1; 9J 5.013(2)(0)5 and 6] Polley-207T83 Kcys. [9J 5.012(3)(c)1; 9J 5.013(2)(o)5 and 6] Policy-20:8:6 206.6.3 By January 1, 1998, Monroe County shall adopt a maintain the turtle protection ordinance: and shall periodically amend the ordinance to reflect current Florida Fish & Wildlife Conservation Commission sea turtle lighting guidelines. (62B -55 Conservation and Coastal Management 73 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update FAC; 161.163 F.S.) Regulations of this ordinance s hall apply to existing and new development and shall generally accomplish the following: 1. prohibit activities disruptive to marine turtles; 2. estab1ishmaintain standards for preventing interior lighting from illuminating nesting areas during the nesting season; 3. establishmaintain standards for mechanical beach cleaning; and 4. protect marine turtles from predation. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 Policy? 206.6.4 Monroe County shall continue to protect marine turtles, crocodiles, and alligators from land development activities. Regulations shall generally accomplish the following: 1. restrict existing and prohibit new beachfront outdoor lighting in the vicinity of nesting areas; 2. prohibit structures within fifty (50) feet of the crest of the beach/berm for any beach which is known to serve as an active nesting area; 3. establish general standards for coastal construction in the vicinity of active nesting areas; and 4. require removal of invasive exotic vegetation from development sites in beach/berms as a condition of development approval for adjacent uplands. Policy —.8.9 206.6.5 Staff of the Monroe County ! - ... •• - - . - - .. . - - . • - .. - - ., . - - :.. ... ` - ... -- - - . . - - ' - :. - . staff may attend routine DNR training sessions in marine turtle handling. This training shall qualify staff to handle marine turtles and their eggs, as appropriate, when they are observed during beach site inspections. [9J 5.012(3)(c)1] Conservation and Coastal Management 74 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Particular cmphasis shall be placed upon acquisition of undisturbcd bcachca ' • . . . . . . . - . . 1 1 . . . • • . . . - . . • . - 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy By January 1, 1998, Monroe County shall considcr requests by the Boating . ... • - - • . ... • _ .. • :n zone. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Polic .8.2 Monroe County shall monitor FKAA compliance with federal regulations crocodile (pursuant to FKAA Rules Chapter 18 7). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 75 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obiectivc 207.9 206.7 Monroe County shall implement measures intended to protect the critical nesting and resting sites of its bird populations, including permanent and transient species. [9J 5.012(3)(b)1; 9J 5.013(2)(b)6] By January 1 1998, the Monroe County Biologist, in cooperation with DNR, FGFWFC, FWS, and the National Audubon Society Research Department shall Map. (Sce Policy 207.1.3, 207.9.1 and 1301.7.10.) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Polley 20-794 federally designated birds, including thc southern bald eagle (Haliaeetus leucoccphala), roseate tern (Sterna dougalii), piping plover (Charadrius antillarum). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6} Policy 207.9.3 • . ••• -- ' -- • . _ FWS. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] • . .. - - 9.5 478 of thc Land Development Regulations (Monroe County BOCC, 1990) • . - 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 206.7.1 Monroe County shall maintain regulations which limit land uses and establish protection measures for nesting areas of wading birds, hawks, falcons, seabirds, shorebirds, and any bird species federally or state- listed as endangered, threatened, or a species of special concern. Conservation and Coastal Management 76 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 207.9.7 206.7.2 •• : ' ' - - • - Monroe County shall include nesting areas or other critical habitat of bird species federally or state - listed as endangered, threatened, or a species of special concern.prierity as potential acquisition sites for conservation purposes._(See Future Land Use Objective 102.4 and related policies.) • : . , - - - - . • -. ' • • . , - . . - tern (Sterna dougallii); and • - - _ _ . • - : - _ • - - alcon (Falco percgrinus) and the piping Park Program. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Pale Left Intentionally Blank> Conservation and Coastal Management 77 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective -2010 2061 :Monroe County shall implement activities to prohibit the destruction of, wort tivery of the federally- designated Schaus swallowtail butterfly (Heraclides aristodemus ponceanus). [9J 5.012(3)(b)1; 9J 5.013(2)(b)6 }) and the Miami blue butterfly (Cyclargus thomasi bethunebakeri). - - - - • ._ 9J 5.013(2)(c)5 and 6] By January 1, 1998, sites identified pursuant to Policy 207.10.1 shall be identified policies.) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.10.3 Permit Allocation and Point System. Monroe County shall assign a negative Policy 207 10.1) uscd by the Schaus swallowtail buttcrfly. (Sec Policy 101.5.4). [9J 5.012(3)(c)5 and 6] promote continucd conformance with aerial pesticide spraying guidelines for avoiding Schaus swallowtail buttcrfly habitat. [9J 5.012(3)(c)1; 5.013(2)(c)5 and -- - • • related policies.) [9J 5.012(3)(0)1; 9J 5.013(2)(c)5 and 6] Policy 0.6 206.8.1 Monroe County shall encourage the planting of : - - ... • - - • - . larval food and nectaring plants within the range of the Schaus swallowtail butterfly habitat. Restoration sites shall be re- vegetated, in part, with torchwood and other plants upon which this species depends. Tree donations for replacement of impacted potentially suitable habitat for the Schaus swallowtail butterfly shall include torchwood plants upon which this species depends. (9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6) Conservation and Coastal Management 78 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 207.10.7 206.8.2 Monroe County shall monitor FKAA compliance with federal regulations prohibiting potable water hookups to designated habitat area encourage the planting (in suitable habitats) of - - - .. . . ' the types of plants upon which the Miami blue butterfly depends. - . .. . - _• • ' . . , - • 7). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Pale Intentionally Left Blank> Conservation and Coastal Management 79 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update O Monroe County shall implement activities to prohibit the destruction ofn work toward thew the federally - designated Stock Island tree snail (Orthalicus yeses ). 19.1 5.012(3)(b)1; 9J 5.013(2)(b)6] Policy 207.11.1206.9.1 The Monroe County Biologist shall oordinate with USFWS and other resource agencies to obtain periodic population counts for the Stock Island tree snail to the FWS. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.11.2 206.9.2 By January 1, 1998, Monroe County shall oordinate with the leyFlorida Keys Mosquito Control dDistrict to take actions to direct spraying of mosquito control pesticides away from known populations and critical habitat of the Stock Island Tree Snail. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 Policy 207.11.3 206.9.3 By January 1, 1998, Monroe County shall cooperate with the USFWS in locating potential introduction sites for the Stock Island Tree Snail. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.11.4206.9.4 Potential introduction sites for the Stock Island Tree Snai1 which are not currently in public ownership, shall be designated as priority-acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 80 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroe County shall im • lement activities to • rotect the habitat of, and to prohibit the destruction of, •�a�4.�n� the federally- designated eastern indigo snake (Drymachron corais couperi), Key Largo wood rat (Neotoma floridana smalli), silver rice rat ( Orzomys argentatus), Key Largo cotton mouse (Peromyscus gossypinus allapaticola), American crocodile (Crocodylus acutus), and the Lower Keys marsh rabbit (Sylvilagus palustris hefneri). [9J 5.012(3)(b)1; 9J 5.013(2)(b)6} Policy 207.12.1 206.10.1 By January 1, 1998, Monroe County, in cooperation with the FWS and FGFWFCFWC, shall identify wetland and native upland habitats which are Eleciamenteilpotentially suitable habitat for the following: 1. eastern indigo snake ( Drymachron corais couperi) (sites from No Name Key to Sugarloaf Key, on Big Torch Key, Middle Torch Key, Big Pine Key and Plantation Key); 2. silver rice rat ( Orzomys argentatus) (sites on Cudjoe, Summerland, Big Torch, Middle Torch, Saddlebunch, Little Pine, Raccoon, Water, and Johnson Keys); 3. Lower Keys marsh rabbit (Sylvilagus palustris hefneri) (sites on Sugarloaf, Welles, Annette, Boca Chica, Big Pine and Hopkins Keys); 4. Key Largo wood rat ( Neotoma floridana smalli) (on Key Largo); 5. Key Largo cotton mouse ( Peromyscus gossypinus allapaticola) (on Key Largo); and 6. American crocodile ( Crocodylus acutus). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.12.2 206.10.2 Sites identified pursuant to Policy 206.10.1 shall be identified as priority acquisition sites for conservation purposes. Particular emphasis shall be placed upon acquisition of identified wetland and native upland sites which are located within Improved Subdivisions. Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. Policy 207.12. Pcrmit Allocation and Point System. Monroc County shall assign a negative Policy 207 12.1) uscd by the Kcy Largo wood rat (Orzomys argcntatus) and the Conservation and Coastal Management 81 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Key Largo cotton mouse (Pcromyscus gossypinus allapaticola). (Sec Policy 101.5.'1). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 61 Poliey 207.12.4 By January '1, 1998, the Monroe County Biologist shall coordinate with FGFWFC to identify specific measures which could be implemented by the County to better protect the eastern indigo snake from illegal collection for the pct trade. The Environmental Crimes Task Forcc shall be responsible for implementing identified measures. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Poliey 207.12.5 By January '1, 1997, Monroe County shall adopt revisions to the Land Development Regulations which shall establish the open space requirement for .. . (Scc Policy 20'1.2.1). [9J 5.012(3)(c) 1; 9J 5.013(2)(c)5 and 6] Monroc County shall monitor FKAA compliance with federal regulation:, cotton mouse, Key Largo wood rat, and eastern indigo snake (pursuant to FKAA Rules Chapter 18 7). [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.12.7 By January 1, 1998, the Monroc County Biologist shall coordinate with the FWS and FGFWFC to determine the protection and habitat preservation measures designated spccics. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Palle Intentionally Left Blank> Conservation and Coastal Management 82 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 06.11 Monroe County shall implement activities to rotect the habitat of, and to prohibit the destruction of, and work ilar the federally - designated American alligator (Alligator nil ssissippienvis ). [9J 5.012(3)(a); 9J 5.013(2)(a)] Policy 207.13.1 206.11.1 By January 1, 1997, Monroe County shall adopt revisions to the Land - . - - ' _ - - - • - - . . - :maintain land development regulations which establish the open space requirement for freshwater ponds and freshwater wetlands at one - hundred (100) percent (Monroe County BOCC, 1990). (See Policy 204.2.24-) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy-2074-34 and critical recharge areas in the Lower Kcys by FWS, DNR, and SFWMD. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 0 ..• - - " .. • . - - • •£ . _ - • 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] Policy 207.13.4 206.11.2 By January 1, 1998, Monroe County shall identi€ycontinue to protect the freshwater lens systems and associated recharge areas on Big Pine Key and adjacent keys. Special measures shall be implemented to protect the quantity and quality of groundwater recharge to the freshwater lenses. (Sec Natural {9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 83 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 2078 Monroe County shall protect, conserve, and appropriately use its soil and mineral resources. [9J [163.3 177(6) 2)(a) }.d., F.S.] • 1 - -- - sedimentation control program. (See Objective 202.10 and related policies). [').1 5.013(2)(b)3] Objective 207.184 By January 1, 1997,Within one (1) year after the adoption 2030 Comprehensive Plan, Monroe County shall adopt revisions to the land development regulations which establish additional health, safety and environmental protection standards for the extraction or use of mineral resources. [9J 5.013(2)(b)3] Policy 207_184.1 New miningresource extraction activities and expansions to existing miningresource extraction operations shall be prohibited. Oil and gas exploration, extraction and production in Monroe County shall be prohibited. Monroe County shall also oppose oil, gas and mineral exploration, extraction and production in the Florida Keys National Marine Sanctuary. Policy 207.1.2 Existing miningresource extraction operations may continue in accordance with the specific limitations of their current permits. All existing miningresource extraction operations shall be required to utilize methods to prevent permanent groundwater and surface water contamination during miningresource extraction operations. These shall include but not be limited to the following: 1. the first flush of runoff from the miningresource extraction site shall be retained on -site; 2. turbidity controls shall be used to prevent contamination of adjacent off - site surface waters and turbidity controls shall be uscd to prevent contamination of adjacent off :te r .,t n d 3. all point sources of pollution shall be rcduccdmanaged in accordance with applicable regulations of the ! - .... -- - - itegnintionFDEP and the U.S. Army Corps of Engineers. When an application for annual permit for existing miningresource extraction operations is proposed, the requirement for groundwater and surface water quality protection measures shall be attached as permit conditions. Conservation and Coastal Management 84 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monitoring shall be required to determine compliance with state water quality standards. In the event that water quality standards are violated as a result of a mining operation, the mining activity shall be stopped, and relevant fines and required mitigation of habitat impacts shall be fulfilled. ep °mss Policy 208207.21.3 Proper precautions shall bc taken Monroe County shall maintain land development regulations to prevent adverse effects from blasting thin two (2) {9J 5.013(2)(c)2]_ Policy 207_1872.4 Resource extraction activities shall not involve extraction below sixty (60) feet. [9J 5.013(2)(c)2] P 208 c s hall be at least as stringent as the criteria and standards contained in F.S. 1989, Chapter 378, Part IV. These standards shall bc reviewed and revised in cooperation with DNR (Bureau of Mine Reclamation) and DER. [9J 5.013(2)(c)2] Policy 207.1.58.2.6 As a condition of renewal for—annual operating permits, existing resource extraction operators shall submit the following plans: 1. stormwater management plan; 2. soil erosion and sedimentation control plan; 3. fugitive dust control plan; 4. reclamation plan (consistent with standards adopted pursuant to Policy 2078.21.5-8); the reclamation plan shall be approved by Monroe County; 5. survey information documenting maximum depth of excavation -and; 6. a risk analysis and mandatory pre - blasting survey shall be conducted for every structure within a scaled distance of 150 feet as defined in the Monroe County Blasting and Explosives Ordinance:; and Conservation and Coastal Management 85 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 7. proof of financial responsibility including a reclamation guarantee to ensure monies will be available to complete the reclamation. Policy 207.1.68.2.7 Monroe County shall periodically inspect permitted sites to verify compliance with provisions of the control plans and reclamation plan upon which the annual operating permit is conditioned. [9J 5.013(2)(c)2] Poli 208 8 Policy 207.1.789 No permit renewals for resource extraction shall be issued for • - • • . • • : - • - uses that are not conforming to the LDC. Policy 207_1.80 •• •. .. ... .... - :• _ •- - - . - - . - - -- - - ... _ - • - - :•:. _ . ".•-- _ .. .Monroe County shall encourage reclamation in accordance with the LDC; the FDEP standards contained in F.S. Chapter 378 Part IV; FDEP Rule 62C -36 (Limestone Reclamation Requirements); and FDEP Rule 62C -39 (Reclamation Requirements for Solid Resource other than Phosphate, Limestone, Heavy Minerals, and Fullers' Earth); whichever is most stringent. Conservation and Coastal Management 86 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update By January 1, 1998, Monroe County shall revise the Land Development Regulations to protect [9J 5.013(2)(b)3] • - - - - • - Natural Groundwater and Aquifer Recharge - Objective 1101.2 and related policies). [9J 5.013(2)(c)2] Monroe County shall propose and adopt regulations to protect fresh groundwater prohibition of limestone mining within or adjacent to any sca onal or permanent Conservation and Coastal Management 87 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 207.25:4 By January 1, 1998, Within one (1) year after adoption of the 2030 Comprehensive Plan., Monroe County shall prepare an inventory of active and abandoned mining sites —and 5.013(2)(b)3]_ Monroc County shall work cooperatively with DER and DNR to identify Florida Keys. [9J 5.013(2)(c)2] Policy 207.2.18 Monroe County shall inventory active and abandoned miningresource extraction pits in the Florida Keys. The inventory shall include, at a minimum, the location, ownership, parcel and pit size, general assessment of remaining permitted resource potential, general description of existing site conditions, and environmental problems for each abandoned pit. [9J 5.013(2)(c)2 }pit, a description of the reclamation plan, and a description of any financial assurances for reclamation. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 88 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 207.3 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall develop a plan for the reclamation and productive reuse of active and abandoned resource extraction sites. Policy 207.3.1 Monroe County shall work cooperatively with FDEP and South Florida Water Management District (SFWMD) to identify alternatives for adaptive reclamation and productive reuse of resource extraction pits in the Florida Keys. Policy 207.3.28.4.3 Monroe County shall develop and implement a strategy for encouraging reclamation and productive reuse of active and abandoned mirtifigresource extraction sites. This shall include resource extraction sites presently exempted from reclamation. The strategy shall encourage owners of resource extraction sites, and encourage adjacent property owners, to implement strategies for reclamation and productive reuse. [9J 5.013(2)(c)2] - .. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 89 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 1 GOAL 2083 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. [9J 5.012(3)(a); 9J 5.013(2)(a)] [ &163.3178(2)(f), F.S.1 Objective - 209.1 208.1 Development of the mainland area of Monroe County and on the islands in the surrounding waters of Florida Bay, Hawk Channel, and other waters within the legal boundaries of Monroe County shall be controlled so as to reduce County public expenditures and to preserve the wi'derne statenatural, cultural and historic resources of these areas area, as defined undcr the Wilderness Act._ (See Future Land Use Objective 102.56 and related policies.) [9J 5.013(3)(b)1} [ §163.3177(6)d.2.g., F.S.; $163.3178(2)(f), F.S.1 Policy 208.1.1 Monroe County shall maintain land development regulations which control regime -land use activities on the mainland area and the offshore islands in the _ . - - • .. :. , - ... - , ... - - . - within the legal boundaries of Monroe County. [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] [ §163.3178(2)(f), F.S.] et 209.3 Monroe County shall to discourage_ private development in - areas designated as units of the Coastal Barrier Resources System (CBRS). (See Future Land Use Objective 102.8-7 and related policies.) {9J 5.012(3)(b)1 }J § F.S.l Obteetive209.4 the Florida Kcys. (Scc Futurc Land Use Objective 102.9 and related policies.) [9J 5.012(2)(c)7; 9J 5.014(3)(b)1 and 4} <The Remainder of This Pale Intentionally Left Blank> Conservation and Coastal Management 90 Keith and Schnars, P.A. Comprehensive Plan: Jule 2014 Monroe County Comprehensive Plan Update GOAL 20914 Monroe County shall continue to maintain and restore, as needed, and as funding is available, native habitat including marine, wetland, beach/berm, and native upland vegetation-systems on County -owned : - : • : . . • . ! : ; • . ! or managed conservation lands. [§ 163.3177(6)d.2.d., F.S.; , $163.3177(6)d.24(-41e., F.S.; 163.3178(2)(e), F.S.] Objective 20910.1 By January 1, 1998As funding is available, Monroe County shall initiate a progrcontinue to restore and maintain disrupted—marine, wetland, beach/berm and native upland vegetation systems on Monroe County wned or managed conservation lands. f & 163.3177(6)d.2.e.; & 163.3177(6)d.2.i., F.S.; 163.3178(2)(e), F.S.1 Policy 20910.1.1 ' 2 : - .• - - . . • = Within one (1) year after the adoption of the 2030 Comprehensive Plan, a list of invasive exotic plants shall be dated re pared by the Monroe County Land Steward. This list shall be • . • - - • • EPA, FWS, DER, DNR and FGFWFC. updated as necessary and shall be made available to the public. Policy 2091-0.1.2 Priority wetland restoration sites shall be those disturbed wetlands having the greatest functional value as determined in the Florida Keys Advance Identification of Wetlands Program. [9J 5.012(3)(c)2; 9J 5.013(2)(0)6]through quantitative wetland assessment. [§ 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S. :§ 163.3178(2)(e), F.S.; §163.3178(2)(f), F.S.] Policy 20910.1.23 updated every other year. This list shall be developed by Monroe County in (Division of Plant Industries), the Florida Natural Areas Inventory, and the • • • - • • - - - - - . • - ' - .. - . -. • - - - . Priority upland restoration sites shall be identified on the basis of findings of the general evaluation of upland vegetation (See Objective 205.1 and related policies). Priority sites shall be those disturbed areas whose restoration will result in the greatest habitat benefit at the • least cost. :.... - - . . • - _ .. :.. • _ •- . . - . privately owncd sites. [9J 5.013(2)(0)3} [ §163.3177(6)d.2.d., F.S.] NOM, EPA, DNR, and DER. Priority sitcs shall reflect findings of the 5.012(3)(0)2] Conservation and Coastal Management 91 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 20940.1.4 A—Monroe County shall continue the program .. . ., . to remove invasive exotic vegetation from existing seuntyCounty -owned or managed conservation lands (exclusive of trade lands (See Open Spacc and Recreation Objective 1201.11 and rclatcd policies). [9J 5.012(3)(c)2] . The County shall also continue to actively participate in the Florida Keys Invasive Exotics Task Force. Policy 20940.1.5 - owncd beach/berm areas. (Sce Recreation and Open Space Objective 1201.11 and rclatcd policies). [9J 5.012(3)(b)1; 9J 5.013(2)(c)61 The restoration of County -owned beach/berm areas shall be a priority of the County's Land Management Program. [§163.3178(2(e), F.S.] Policy 20940.1.6 . • - - - - . - • - . • - Restoration priorities shall be developed by Monroe County in consultation with agencies of the federal and state government owning lands in the Florida Keys, and with appropriate federal and state regulatory agencies. [9J 5.013(2)(c)7} Policy 20940.1.7 Restoration projects shall be completed as funding becomes available. Local, state and federal funding sources shall be used to support restoration projects. {9J 5.013(2)(c)7] Policy 20940.1.8 (pursuant to Policy 205.2.8). The fund shall be used to purchase trccs for county Monroe County shall continue to utilize the Monroe County Environmental Land Management and Restoration Fund for the management of County -owned and County - managed conservation lands. The Fund may only be used for restoration and management activities of public resource protection and conservation lands. Policy 20940.1.9 Monroe County shall support the efforts of state and federal agencies and private groups that buy land for conservation purposes to remove invasive exotic • vegetation from acquisition sites • - . • .. - • . . :.: : - owned -lames. [9J 5.012(3)(c)2] Conservation and Coastal Management 92 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update <The Remainder of This Page Intentionally Left Blank> (The remainder of this page left intentionally blank.)_ Conservation and Coastal Management 93 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Goal 210 The health and integrity of Monroe County's beach/berm resources shall be protected and. when possible, restored and enhanced. Objective 210.1 Monroe County shall protect beach/berm resources by maintaining regulations that protect beach/berm resources. Policy 210.1.1 Permitted uses within the shoreline setback along natural shorelines characterized by beach/berm vegetation shall be limited to docks and walkways. Access shall be restricted to dune walkover structures which, in the absence of a dock, shall terminate at the waterward toe of the dune. All structures shall be elevated on pilings or other supports. Policy 210.1.2 No beach/berm material shall be excavated or removed and no fill shall be deposited on a beach/berm. Policy 210.1.3 Clearing of beach/berm vegetation in the area landward of the shoreline setback shall be limited to the minimum clearing required to allow development of a permitted use. Prior to commencement of construction, the immediate area required for construction shall be enclosed with fencing. No vehicular or pedestrian traffic shall be permitted outside the fenced areas for the duration of the construction period. All areas disturbed during construction shall be managed to avoid the introduction and/or establishment of invasive exotic species. Policy 210.1.4 Beach/berm areas disturbed during construction shall be immediately restored to stable condition. Restoration techniques shall be designed to achieve the maximum stability possible. Native plants shall be used exclusively in re- vegetation. Invasive exotic vegetation shall be removed from the development site as a condition for issuance of a Certificate of Occupancy. Policy 210.1.5 Existing and new outdoor lighting shall be restricted or prohibited, as appropriate, so as to avoid adverse impacts on beach nesting areas (See Policies 20-7,96206.5.3 and 207.9.7206.54). Policy 210.1.6 Seawalls shall be prohibited on any beach or open water (unaltered) shoreline. Conservation and Coastal Management 94 Keith and Schnars, P.A. Comprehensive Plan: Jule 2014 Monroe County Comprehensive Plan Update Policy 210.1.7 Monroe County shall maintain a program to restore and maintain disturbed beach/berm resource areas on public lands. Policy 210.1.8 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall prepare beach management plans for all publicly -owned beaches (See Recreation and Open Space Objective 1201.7 and related policies). Plans shall be maintained to be consistent with the current County Restoration Plan. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 95 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 210.2 Monroe County shall maintain a program for acquiring undisturbed beach/berm resource areas (See Future Land Use Objective 102.4 and related policies). 1 F.S.I Policy 210.2.1 The County, in cooperation with the Monroe County Land Authority shall continue to develop and administer a beach/berm acquisition program. 14163.3178(2(e), F.S.1 Policy 210.2.2 Monroe County shall support the acquisition of undisturbed beach/berm resource areas for conservation within areas designated Tier I, Tier II, Tier III -A, and the Florida Forever project boundaries. Priority beach/berm acquisition sites shall include those that: 1. are documented nesting sites for state- and federally- designated species i cee P 207 o 2) and/or 2. can accommodate public recreation uses without adverse impacts on sensitive natural resources (See Parks and Open Space Element Policy 1201.2.4); and/or 3. are located within Improved Subdivisions (IS) zoning districts. [163.3178(2(e), F.S.1 <The Remainder of This Palle Intentionally Left Blank> Conservation and Coastal Management 96 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 211 Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to ensure the continued availability of high quality potable water. [9J 5.011( F 163.3177(6)d.2)(a) 9J 5.013(.b., F.S.; &163.3177(6)d.2)(40-1.c., F.S.1 Objective 211.1 Monroe County shall encourage the use of water conservation strategies, including, but not limited to cisterns, on -site stormwater collection systems used for irrigation and bio- swales, and work cooperatively with FKAA and Miami -Dade County to encourage water conservation efforts and assure that land use planning and development controls are maintained which shall protectprotects the recharge area of the Florida City Wellfield from potential sources of groundwater contamination and saltwater intrusion. (See Potable Water Objective 701.4 -3 and related policies). [9J 5.013(2)(b)2] [S163.3177(6)d.2.b., F.S.; $163.3177(6)d.2.c., F.S.] Obi 21 > 2 Policy 211.1.1 Monroe County shall continue to assist the FKAA with water conservation efforts and to assist in, including implementing the FKAA's Water Conservation Plan, consistent with SFWMD's Water Shortage Plan and Water Consumption Guidelines, and shall implement measures to further conserve potable water. (See Potable Water Objective 701.9 -5 and related policies). [9J 5.013(2)(b)2] [§ 163.3177(6)d.2.b., F.S.; S 163.3177(6)d.2.c., F.S.1 Obj 211 1 Policy 211.1.2 By 1, 1998, Monroe County has identified the freshwater lens system and associated recharge areas of the Florida Keys and - - -- - - . _ .. _ . • - :as noted within Water Resources of Big Pine Key, Florida, (Hanson, 1980). Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall adopt land development regulations that regulate the storage and use of hazardous materials in recharge areas, prohibiting new water withdrawals, and phasing out existing water withdrawals to protect freshwater lenses. - - • . . . _ .... : - .. • - Rccharge Objectives 1101.2 and 1101.3 and related policies). [9J 5.013( [ §163.3177(6)d.2 *_b)., F.S.; §163.3177(6)d.2 }.i., F.S.1 <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 97 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 212 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County. [9J 5.012(3)(a); 9J 5.013 [§163.3178(2)(04g), Objective 212.1 By Dcccmber 31, 2006,Within one (1) year after the adoption of the 2030 Comprehensive Plan., Monroe County shall develop and implement measures for regulating shoreline uses consistent with. Such measures shall reflect the following order of priorities: 1.0 water - dependent uses; 2.1}) water - related uses; and c) uses that arc not dependent upon or related to shoreline access. [9J 5.012(3)(b)3] 3. water- enhanced uses; and 4. uses and activities that are not water - dependent, water - related, or water - enhanced, but for which there is no practicable upland alternative to meet the public need for the use or activity, shall receive the lowest priority for a coastal location. [ §163.3178(2)(g), F.S.] Policy 212.1.1 By December 31, 2003,Within five (5) years after the adoption of the 2030 Comprehensive Plan., Monroe County shall develop a Shoreline Use Priorities Plan which shall provide for siting of . - . . . ., : - - . - : uses consistent with the following order of priority: 1) water - dependent uses, 2) water - related uses, 3) water - enhanced uses, and 34) uses that are not dependent upon or related to shoreline access. The plan shall accomplish the following: 1. establish performance standards for shoreline development, consistent with criteria for marina siting (See Objective 212.34 and related policies); 2. identify environmentally suitable waterfront areas and recommend strategies for reserving such areas for water - dependent, water - related., and water- relatedenhanced development sites consistent with estimated need; 3. analyze conflicts among existing shoreline uses and recommend strategies for reducing or eliminating such conflicts; and 4. identify strategies for encouraging appropriate mixed use development that includes water - dependent, water - related, and water- relatedenhanced uses and is compatible with existing land uses. [9J 5.012(3)(c)8] [§163.3178(2)(g), F.S.J. Conservation and Coastal Management 98 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 212.1.2 By December 31, 2006, Within one (1) year after the preparation of the Shoreline Use Priorities Plan, Monroe County shall: 1. adopt an amendment to the Comprehensive Plan wthat incorporates recommendations of the Shoreline Use Priorities Plan; and 2. adopt _ ... ! _ - :: - - - . • . - • - - land development regulations that regulate existing and new shoreline development consistent with the recommendations of the Shoreline Use Priorities Plan, within one year of the adoption of the amendment proscribed above. [9J 5.012(3)(c)8] f § 163.3178(2)(g), F.S.] Policy 212.1.3 Monroe County shall maintain existing (January 4, 1996 - the effective date of the Monroe County Year 2010 Comprehensive Plan) commercial fishing operations as conforming uses. [9J 5.012(3)(c)8] [163.3178(2)(g), F.S.] <The Remainder of This Pale Intentionally Left Blank> Conservation and Coastal Management 99 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 212.2 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts, aesthetic impacts, and hydrologic impacts of shoreline development. f &163 .3178(2)(g), F.S.1 Policy 212.2.1 Minimum Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate the minimum coastal construction setbacks currently in use in Monroe County shall be reviewed in coordination with DNRDEO, FDEP and FGFWFCFWC. Setbacks shall be identified which will accomplish the following: 1. protect natural shoreline vegetation; 2. protect marine turtle nesting beaches; 3. protect water quality (through assimilative and filtrative uptake of 4. protect structures from the effects of long -term sea level rise; 5. protect beaches and shorelines from erosion; and 6. allow redevelopment of existing waterfront commercial structures consistent with the existing community character and preserve overwater views Policy 212.2.2 Within one (1) year after €itietiegcompletion of the evaluation in Policy 212.2.1., the existing setbacks in the Land Development RegulationsCode (Menree-Cetifity BOCC, 1990) shall may be revised as deemed appropriate based upon findings of this review. The setbacks currently in use - . - - - - . ... - . - : may be relaxed.- only through the Special Approval process in Policy 212.2.4. Existing setbacks • - - - : ` - - .: - - - ' - _ : • : are summar-4ed-as follows: 1. twenty (20) feet from the mean high tide -water (MHW) line of manmade water bodies and/or lawfully altered shorelines of natural water bodies; 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist, from the mean high tide water (MHW) line; and 3. fifty (50) feet from any shoreline area which is known to serve as an active nesting or resting area for marine turtles, crocodiles, terns, gulls and other Conservation and Coastal Management 100 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update birds. [9J 5.012(3)(c)1,2,3 and 8: 9J 5.013(2)(c)1 and 6] [& 163.3178(2)(g), F.S.I Policy 212.2.32 The Ddefinitions for the terms "altered shoreline" and "unaltered shoreline" shall - - _ _ - - .. - . . - are as follows: 1. altered shorelines are generally located directly along dredged canals, basins and channels and /or have been filled or vertically bulkheaded to such a degree that the original natural slope landward of the water is no longer present. 2. unaltered shorelines are generally located along natural non - dredged waterways and open water and have a sloping profile typical of the original natural conditions of the shoreline even though fill or riprap may be present. Policy 212.2.43 Permitted uses and performance standards within the shoreline setback shall be as follows: Except as provided herein, Pprincipal structures shall be set back as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line; 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less than 4,000 Square Fcctsquare feet that are developed with a lawfully established principal use, the required setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts by maintaining open space and protecting shoreline vegetation. 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill: a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, principal structures shall be set back at least thirty (30) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further inland. b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from the mean high water (MHW) line, Conservation and Coastal Management 101 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update provided that native vegetation exists or is planted and maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as measured from the mean high water (MHW) line. c. On infill lots surrounded by significant development where principal structures are set back less than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the Director of Planning and Environmental Resources may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than twenty (20) feet. On shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater setback shall apply. 4. Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; Accessory structures within the shoreline setback shall be designed to meet the following criteria: 1. Along altered shorelines, including manmade canals, channels, and basins: a. In no event shall the total, combined area of all structures occupy more than sixty (60) percent of the upland area of the shoreline setback ; b. Pools and spas shall be set back a minimum of ten (10) feet, as measured from the mean high water (MHW) line; 2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property: a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the upland area of the shoreline setback; b. Accessory structures other than docks and erosion control structures shall be set back a minimum of fifteen (15) feet, as Conservation and Coastal Management 102 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; 3. Along unaltered shorelines: a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the upland area of the shoreline setback; b. Accessory structures other than docks and erosion control structures shall be set back a minimum of twenty -five (25) feet, as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; 4. Any proposed development within the shoreline setback shall include a site - suitable stormwater management plan for the entire developed parcel which meets the requirements of the land development regulations; 5. All structures within the shoreline setback shall be located such that the open space ratios for the entire parcel and all scenic corridors and bufferyards are maintained; 6. Structures shall be located in existing cleared areas before encroaching into native vegetation. The remaining upland area of the shoreline setback shall be maintained as native vegetation or landscaped areas that allow infiltration of stormwater runoff; 7. Side yard setbacks must be maintained for all structures in the shoreline setback except for docks, sea walls, fences, retaining walls, and boat shelters over existing boat ramps; 8. No enclosed structures, other than a dock box of five (5) feet in height or less, shall be allowed within the shoreline setback. Non - enclosed gazebos must be detached from any principal structure on the parcel. No decks or habitable spaces may be constructed on the roof of any non - enclosed gazebo in the shoreline setback; 9. Pools, spas, fish cleaning tables, and similar pollutant sources may not discharge directly into surface waters. Where no runoff control structures are present, berms and vegetation shall be used to control runoff. Native vegetation shall not be removed to install berms or runoff control structures; 10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals, channels, and basins with little or no native vegetation, Conservation and Coastal Management 103 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update and shall be located and designed so as not to create a nonconformity for other structures set back from the new mean high water (MHW) line created by the boat ramp; and 11. The roof and supporting members of a boat shelter constructed in compliance with Section 9.5 315118 -10 of the Land Development RegtionsCode, as amended (hereby incorporated by reference), may extend two (2) feet into the shoreline setback around the perimeter of a boat basin or ramp. This area shall be subtracted from the total area allowed for all structures within the shoreline setback. 12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project that may produce changes in circulation patterns shall be approved only after sufficient hydrographic information is available to allow an accurate evaluation of the possible impacts of the project. Previously existing manmade alterations shall be evaluated so as to determine whether more hydrological benefits will accrue through their removal as part of the project. 13. No development other than pile supported docks and walkways designed to minimize adverse impacts on marine turtles shall be allowed within fifty (50) feet of any portion of any beach berm complex which is known to serve as a nesting area for marine turtles: a. The fifty (50) foot setback shall be measured from either the landward toe of the most landward beach berm or from fifty (50) feet landward of MHW, whichever is less. The maximum total setback will be one hundred (100) feet from MHW. b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum horizontal distance of four (4) feet between pilings or other upright members and a minimum clearance of two (2) feet above grade. The entire structure must be designed to allow crawling turtles to pass underneath it moving only in a forward direction. Stairs or ramps with less than the minimum two (2) feet clearance above grade are discouraged. If built, these portions of the structure shall be enclosed with vertical or horizontal barriers no more than two (2) inches apart, to prevent the entrapment of crawling turtles. c. Beaches known to serve as nesting areas for marine turtles are those areas documented as such on the County's threatened and endangered species maps and any areas for which nesting or nesting attempts ( "crawls ") have been otherwise documented. Within mapped nesting areas, the Director of Planning and Environmental Resources may, in cooperation with the Florida Dcpartmcnt of Conservation and Coastal Management 104 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Environmental Pro`eetionFDEP, determine that specific segments of shoreline have been previously, lawfully altered to such a degree that suitable nesting habitat for marine turtles is no longer present. In such cases, the Director may recommend reasonable measures to restore the nesting habitat. If such measures are not feasible, the Director will waive the setback requirements of this paragraph. Restoration of suitable nesting habitat may be required for unlawfully altered beaches. 14. Special Approvals: a. For structures serving commercial uses, public uses, or more than three dwelling units, the Planning Commission may approve deviations from the above standards as a major or minor conditional use. Such approval may include additional structures or uses provided that such approval is consistent with any permitted uses, densities, and intensities of the land use district, furthers the purposes of this section, is consistent with the general standards applicable to all uses, and the proposed structures are located in a disturbed area of an altered shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways, public monuments or statues, informational kiosks, fuel or septic facilities, and water - dependent marina uses. Any such development shall make adequate provision for a water quality monitoring program for a period of five (5) years after the completion of the development. b. For structures serving three or fewer dwelling units, the Director of Planning and Environmental Resources may approve designs that address unique circumstances such as odd shaped lots, even if such designs are inconsistent with the above standards. Such approval may be granted only upon the Director's written concurrence with the applicant's written finding that the proposed design furthers the purpose of this section and the goals of the Monroe County Comprehensive Plan. Only the minimum possible deviation from the above standards will be allowed in order to address the unique circumstances. No such special approval will be available for after - the -fact permits submitted to remedy a Code Enforcement violation. c. All structures lawfully existing within the shoreline setback along manmade canals, channels, or basins, or serving three or fewer dwelling units on any shoreline, may be rebuilt in the same footprint provided that there will be no adverse impacts on stormwater runoff or navigation. d. Docks or docking facilities lawfully existing along the shoreline of manmade canals, channels, or basins, or serving three or fewer Conservation and Coastal Management 105 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update dwelling units on any shoreline, may be expanded or extended beyond the size limitations contained in this section in order to reach the water depths specified for docking facilities in Policy 212.45.2. Any dock or docking facility so enlarged must comply with each and every other requirement of this Policy and Section 9.5 315118 -12 of the Land Development RegulatiensCode, as amended (hereby incorporated by reference).J�163.3178(2)(g), F.S.] Policy 212.2.54 Stormwater management criteria applicable to the shoreline setbacks shall encourage Best Management Practices (BMPs) which utilize natural berms and vegetation to control runoff from waterfront property. Berms shall not be installed where shoreline vegetation is present. Where berms are used along artificial waterways, they shall be raised so that there is a gradual slope away from the canal edge. In any case, all stormwater management criteria shall conform to adopted level of service standards for water quality and quantity (See Drainage Element Objective 1001.1 and related policies). <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 106 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 212.3 vessels (live aboards) in ncarshore waters. (Sec Objective 202.1 and related policies.) [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2] Objective 212.34 Marina facility development and redevelopment shall be consistent with the marine resource constraints, be located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are foreseen on natural resources and other significant resource. E .. ... • • ' ... .. . _ . ., .. - • shall meet or exceed state standards. [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2] N 163.3178(2)(g), F.S.] Pelie4 ACOE. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 Policy 212.3.1 212.4.2 Monroe County shall all maintain data on marine facilities (as available), including existing recreational and commercial marinas, such as: 1. number of wet and dry slips; 2. usage rates of wet and dry slips; 3. breakout of slips by boat size; 4. on -site amenities including the number of parking spaces; 5. surrounding uses and any known or potential compatibility problems; 6. availability for public use (recreational marinas only); 7. number of boat ramps provided and the boat lanes for each ramp; 8. condition of facilities; 9. - • -_ ` - ' . . - ::._.. -- : •: - : . - :.: • - - ; location and condition of adjacent navigational aids; Conservation and Coastal Management 107 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 10. availability of pump -out facilities; and 11. controlling depth. . - . . - .. . - . - - . - : . . [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6]JR.163.3178(2)( F.S.] Policy 212.3.2 212.4.3 The development of new marina facilities shall be located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new marina facilities shall meet the following requirements: 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass or hardbottom (including hard and soft corals) should be avoided. Boat mooring sites (slips or docks) shall not be located over a seagrass bed community or hardbottom community regardless of water depth. No impacts to seagrass beds or hardbottom communities should result from the construction or use of new marina development. 2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit adequate circulation and tidal flushing. The waterway upon which the marina is proposed to be sited shall meet or exceed State water quality standards, and must currently have "Good" water quality as indicated in the County's most current canal inventory and assessment data. New marina development shall not adversely impact the quality of water during construction or use. 3. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water depth at mean low water at the marina site (including the mooring slips, turning basin, and access channels), and the water depth shall be continuous to open water over a channel width of twenty (20) feet. Water depth shall be adequate for the proposed vessel use such that there be a minimum of one (1) foot clearance between the deepest draft of the vessel and the bottom at mean low water. Greater water depths shall be required for those facilities proposed for accommodating vessels having greater than a three (3) foot draft. Sites shall not require dredging or filling to provide access. 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines as defined in Sec. 101 -1 of the Land Development Code. Minimal modification to the shoreline shall be permitted per County Land Development Code Section 118 -1, 118- 12(m), and (o). 5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on lands designated as Tier I or Tier III -A, if clearing is proposed. Marina development shall not adversely impact the upland area Conservation and Coastal Management 108 Keith and Schnars, P.A. Comprehensive Plan: Jule 2014 Monroe County Comprehensive Plan Update of, or adjacent to, a proposed marina site. Additionally, marinas shall not be permitted on offshore islands or on units of the Coastal Barrier Resources System (CBRS). 6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller scarring should be avoided. Marinas shall not be located adjacent to areas of severe seagrass scarring, based on the most current data available from the Florida Fish and Wildlife Research Institute. 7. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall be sited so as to prevent impacts to the Florida Manatee, American Crocodile, and marine turtles and protect their habitat by avoiding areas of known American Crocodile range, areas with high watercraft Florida Manatee mortality, or areas that include a beach known to be used for marine turtle nesting. Site characteristics can be assessed using current data from the Florida Fish and Wildlife Conservation Commission. 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or historic resources /sites. Applicants for new marina development shall be responsible for providing existing physical and environmental site data specific to the proposed site to demonstrate the marina siting criteria described above is met. • . . .. • • ._• 0 . . •- 17 312, F.A.C., DNRFDEP Rule 18 21.0010041 F.A.C., and regulations of - - -- - - 212.5.2); quality and sizc of upland areas and degree of alteration necessary; Conservation and Coastal Management 109 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update alto .,ti arscicccivir, impact of boats on crocodiles, manatccs, and turtles. [9J 5.012(3)(c)1,2,3 and 8; • • r .. _ w.n:. -. • Policy 212.3.3 212.1.4 Applicants for development approval of marinas with three (3) or more slips shall meet the following: 1. Monroe County's marina siting criteria (See Policy 212.4:312); 2. Monroe County's dock siting criteria (See Objective 212.44 and related policies); and 3. criteria of Rules 17 312 Part IV and Rule 62 -312 and 18- 21.0040041, F.A.C. [9J 5.012(3)(o)1,2,3 and S; 9J 5.013(2)(c)1 and 61 $163.3178(2)(g), F.S. Policy 212.3.4 212.43 Applicants for development approval of docking facilities for fewer than three (3) slips shall meet the following criteria: 1. Monroe County's dock siting criteria (See Objective 212.3 -4 and related policies); and 2. criteria of Rules 17 312 Part IV and Rulc 62- 312 and 18- 21.0040041, F.A.C. , , ' - . :; • Conservation and Coastal Management 110 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Siting of new marinas with three (3) or more slips shall be prohibited until full proposed new marina site. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 212.3.5 212.4.7 Applicants for a permit to develop proposing a new marina facility shall obtain necessary permits from all applicable state and federal regulatory agencies prier to issuance of a County permit. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 111 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 212.45 By January 1, 1997, Monroe County shall .... - ' . - - _ ., . ! = - .. - - R-egulatiefismaintain land development regulations pertaining to mooring fields and structures built over water (including, but not limited to, boat docks, fishing piers, swimming piers and observation decks). [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2] R163.3178(2)(g), F.S.] Policy 212.45.1 Monroe County shall support state policies and regulations concerning the permitting of marinas, docks and piers, except in those instances where more stringent regulations adopted by Monroe County shall be maintained. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] N163.3178(2)(g), F.S.I Policy 212.45.2 Except as provided herein, siting of single family docks, boat ramps, and boat slips on manmade water bodies shall require minus four ( -4) feet mean low water (MLW) depths at the terminal end. These structures must have continuous access to open water at depths of minus four ( -4) feet (MLW) or greater over a channel width of twenty (20) feet, or access to open water via a marked, federally and state approved navigation channel. 1. Docking facilities may be developed on any shoreline if there is a mean low water (MLW) depth of a least minus four ( -4) feet at the terminal end of the docking facility, and continuous access to open water, or 2. Docking facilities may be developed on the shoreline of lots in a subdivision if the docking facility is located in a channel or canal or basin that connects five or more contiguous lots which was dredged before 1986, and if there is a mean low water (MLW) depth of at least minus four ( -4) feet at the terminal end of the docking facility. For purposes of this policy "open water" means the portion of the straits of Florida, Florida Bay, the Gulf of Mexico, or the Atlantic Ocean which consists of an uninterrupted expanse of water deeper than four (4) feet at mean low water (MLW) and "continuous access" means a natural passage or an existing manmade channel no shallower thant four (4) feet at mean low water (MLW) and no narrower than twenty (20) feet. Policy 212.45.3 The minimum water depth requirement at the mooring site shall be minus four ( -4) feet mean low water. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 112 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 212.45.4 The following restrictions shall apply to all structures built over or adjacent to water (including but not limited to boat docks, fishing piers, swimming piers and observation decks): 1. the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 100 feet from the mean low water line; 2. the length of docks shall not exceed ten (10) percent of the width of the waterbody as measured laterally across the waterbody from the proposed location of placement and from the point of mean low water to the opposing point of mean low water (exception to this shall be made in cases where adequate depth at the terminal end of the dock pursuant to Policies 212.34.2 and 212.34.3 is not available; in such cases the dock may be shortened only enough to allow the centerline of an average width vessel to lie in four feet of water at mean low water); 3. no dock together with a moored boat shall preempt more than twenty -five (25) percent of the navigable portion of a man-made waterbody. This should allow for a structure built over water on either side of the waterbody to have a moored boat and room for free passage of two boats down the center of the waterbody; 4. all fishing, swimming, and other piers and observation decks shall conform to design criteria to be adopted in the Land--Development Regulations land development regulations which prohibit their use as a dock. Aianee- special exception procedure, - :. : - . - . • . - - . - - Land Development Regulations CodeScction 9.5 523, shall be included in the Land Development Code to allow the minimum relaxation of the above restrictions which is necessary to provide the upland owner reasonable access to adjacent waters for recreational use. That especial exception procedure shall incorporate, among other criteria, requirements that such structures not be inconsistent with community character, not interfere with public recreational uses in or on adjacent waters, and pose no navigational or safety hazard. - - - ...: • . - - - - - - • ' ..-, Monroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the • .. ! - .. - - - - • . . Protcction.FDEP. This prohibition shall not a4se-apply to mooring fields ,.� • rest or .. �:.�, �; r . • Conservation and Coastal Management 113 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update provide data and analysis demonstrating environmental, social, and economic benefitumajakiffid&accrue to the pub. large as inesult of a proposed f {9J 5.012(3)(c)1, 1 §16 ;178(2.3 and 8; 9J 5.013(2)(c)1 and 6])(g). I .S.I Policy 212.45.6 Docking facilities and piers shall not terminate on submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the of Environmental Proteetien.FDEP. Design criteria to permit sunlight to reach the bottom shall be adopted. No boat shelters or gazebos shall extend over submerged lands vegetated with seagrasses or over hard -bottom communities. Policy 212.45.7 Monroe County shall establish, evaluate and identify potential sites for the installation of mooring fields and maintain policies and regulations pertaining to mooring fields, which specifically address the following (some sections may not apply to short-term recreational mooring fields): 1. sSiting criteria; 2. Mooring design criteria based on seagrass protection 3. Recommendations or standards for management from shore -side facilities; and 4. Provision of vessel pump -out services:; and [§163.3178(2)(g), F. S.1 5. 3. construction practiccs. [9J 5.012(3)(0)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 - .- .- - -- Rcsourccs, and thc U.S. Army Corps of Engineers to idcntify the environmental issues docking facilities, picrs, mooring sitcs, hardcncd vertical shoreline structures, and plan, after issues have been identified, Monroe County shall revise thc Land Development Regulations. (Sec Policies 103.2.13, 203.6.1, 212.4.7, and 212.6.5.) [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Conservation and Coastal Management 114 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 115 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 212.56 By January 'I, 1997, Monroe County shall adopt revisions to thc Land Development Regulations pertaining to shoreline stabilization. [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2] Monroe County shall maintain land development regulations pertaining to shoreline stabilization. [ §163.3178(2)(e), F.S.1 Policy 212.56.1 No new bulkheads, seawalls or other hardened vertical shoreline structures shall be permitted on open water (unaltered shorelines). [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] [& 163.3178(2)(e), F.S.] Policy 212.56.2 In lieu of bulkheads, seawalls or other hardened vertical shoreline structures, residential canals and altered shorelines shall be stabilized by maintaining native vegetation. When it can be demonstrated that native vegetation will not prevent erosion, then riprap or sloping rock revetments shall be permitted. 1-9J- 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] f$163.3178(2)(e), F.S.J. Policy 212.56.3 Bulkheads, seawalls or other hardened vertical shoreline structures shall be permitted on residential canals and altered shorelines only in the following situations: 1. to replace an existing deteriorated bulkhead or seawall; or 2. to stabilize a severely eroding shoreline area. [9J 5.012(3)(c)1,2.3 and 8; 9J 5.013(2)(c)1 and 6} [ §163.3178(2)(e), F.S.] Policy 212.56.4 Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project which may produce changes in circulation patterns shall be approved only after sufficient hydrographic information is available to allow an accurate evaluation of the possible impacts of the project. Previously existing manmade alterations shall be evaluated so as to determine whether more hydrological benefits will accrue through their removal as part of the project. {9J- 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6} f &163.3178(2)(e), F.S.] Policy 212-.63 • -- - ection 380.051, Florida Statutes. The Monroe County Growth Management Division shall • - - • - -- Rcsourccs, and thc U.S. Army Corps of Enginccrs to identify thc environmental issucs and facilities, pi- , • .. • _ • - , .. - - : • • - • . . - , ., . - • _ in the Florida Kcys. Within one year of thc effective date of this comprehensive plan, after issues Conservation and Coastal Management 116 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policies 103.2.13, 203.6.1, 212.1.7, and 212.5.10.) [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 117 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 213 Monroe County shall ensure adequate public access to the beach or shoreline. [9J 5.012(3)(a); 9J 5.013 j&163.3178(2)(a}}g), F.S.1 Objective 213.1 Monroe County shall maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints. {9J- 5.012(3)(b)9] N 163.3178(2)(g), F.S.] Policy 213.1.1 By December 31, 2006,Within three (3) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the existing capacity of and need for the following types of public access facilities which are available to the general public: 1. public access points to the beach or shoreline through public lands; 2. public access points to the beach or shoreline through private lands; 3. parking facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [9J 5.012(3)(c)9} [§163.3178(2)(g). F.S.] - - - - - -- 1. • • -- • Protection Act of 1985; Conservation and Coastal Management 118 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update access. {9J 5.012(3)(c)9] Policy 213.1.32 $cginning in 1998, Monroe County shall maintain or replace physical public access to beaches and shorelines, including reclaiming public access through county owned land that has been encroached upon by neighboring property owners, in accordance with provisions of the appropriate park master plans and current management plans for County -owned beaches. (See Recreation and Open Space Objectives 1201.3 and 1201.4-1-7 and related policies.) [9J 5.012(3)(c)9] N 163.3178(2)(g), F.S.1 Policy 213.1.4 • . 11. • • into the GIS for use in futurc public access and shorclinc planning. [9J 5.012(3)(c)9] Conservation and Coastal Management 119 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroe County shall rccognizc, designate, protcct, and preserve its historic resources. [9J 5.012(3)(a); 9J 5.013(2)(a)] Ob ject i y c 214 Monroe County shall establish and maintain a comprehensive inventory of historic and archaeological resources, including buildings, structures, districts, sites, objects, and significant places. (See Future Land Use Objective 104.1 and related policies). [9J 5.006(3)(b)1; 9J 5.012(3)(b)10] Conservation and Coastal Management 120 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Ob: 21 A 2 Monroe County shall formally recognize significant historic and archaeological - • .. - - • . • ' - - . _ - - turc Land Use Objective 101.2 and related policies). [9J 5.006(3)(b)1; 9J 5.012(3)(b)10] Conservation and Coastal Management 121 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obl c 214 3 preservation of historic resources. (See Future Land Use Objective 101.3 and related policies). [9J 5.006(3)(b)'I; 9J 5.012(3)(b)10] Conservation and Coastal Management 122 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroc County shall adopt and implcmcnt measures for the protection and Objective 101.1 and rclated policies). [9J 5.006(3)(b)1; 9J 5.012(3)(b)10] Conservation and Coastal Management 123 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Obitketi Monroe County shall seek to increase public awareness and appreciation of the historic resources and historic preservation activities in the County. (See Future Land Usc Objective 101.5 and related policies). [9J 5.006(3)(b)1; 9J 5.012(3)(b)10] Conservation and Coastal Management 124 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroe County shall coordinate with public agencies and non profit organizations to protect, preserve and increase awareness of historic resources. (See Future Land Use Objective 101.6 and related policies). [9J 5.006(3)(b)1; 9J 5.012(3)(b)10] Conservation and Coastal Management 125 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Monroe County shall provide the necessary services and infrastructure to support existing and new development proposed by the Future Land Use Element while limiting routitpublic expenditures which result in the loss of or adverse impacts to environmental resources in the Coastal Zone. [9J 5.012(3)(a); 9J 5.013(2)(a)] [ &163.3178(2)(f), F.S.; &163.3178(2)(i), 1 expenditures for infrastructure in the Coastal Zone shall be phased in accordance with a capital improvements schedule to maintain the adopted level of service (LOS) standards established in the Comprehensive Plan. [9J 5.012f &163 .3178(2)( ]f),F.S.; § 163.3178(2)(i)1 Policy 2145.1.1 Monroe County shall maintain adept level of service standards (LOS) for the following public facility types - - . ' . .. - • , - . . : roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and mass transit. The LOS standards are established in the following sections of the Comprehensive Plan: 1. The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. Policy 2145.1.2 By January 4, 1997,, Monroe County shall adept maintain bland Ddevelopment Rregulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure that no permits will be issued for new development unless adequate public facilities needed to support the development at the adopted LOS standards are available concurrent with the impacts of development. [§163.3178(2)(f), F.S.; §163 .3178(2)M 5.012(3)(c)12] revised to include the infrastructurc improvements identified in the Conservation and Coastal Management 126 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Comprehensive Plan Five Year Schedule of Capital Improvements which are required to serve development or redevelopment in the coastal area at the densities proposed by the Future Land Use Element, in accordance with the _e ... - ... _ • . .. • - - approval may be phased to allow the provision of public facilities and services • - . . .. • ... . ..... . . - . • .e (Thc remainder of this page left intentionally blank.) Conservation and Coastal Management 127 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update •• - cxploration of feasible alternatives to funding of public facilities and • .. . - . . - , - - - - _ . . . •- . :, - - - .. , - . . , • .. • i •• ■ - - • -- •- - • Policy 2145.1_324 Monroe County shall limit public expenditure on the mainland to the repair and maintenance of existing public facilities and infrastructure. [9J 5.012(3)(c)9] [& 163.3178(2)(f), F.S.; § 163.3178(2)(i)1 P 21 C 7 3 �....,e. t i P c 21 7 1 2> .- - cafcty. [9J 5.012(3)(c)1] Conservation and Coastal Management 128 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update 1 GOAL 246215 Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. [9J 5.012(3)(a); 9J 5.013 [§ 163.3178(2)(a4d), F.S.I Objective 2156.1 Monroe County shall rednsemaintain a maximum hurricane evacuation clearance time teof 24 hours by thc year 2010. [9J 5.012(3)(b)7]. N 163.3178(2)(d), F.S.] Policy 2156.1.1 Monroe County shall continue to work cooperatively with the municipalities and DEO to complete the tasks within Rule 28- 20.140 F.A.C, related to hurricane evacuation modeling. [ §163.3178(2)(d), F.S.I new residential development. The Permit Allocation System shall limit the policies). [9J 5.012(3)(c)4] P '116 1 7 development - - Monroe County shall seek thc assistance of thc Florida Department of - -••- ••' Policy 2156.1.32 During a hurricane evacuation, Monroe County shall designate US 1 and Card Sound Road . - ... ... . ' :.. • -- . - - .. - _ . . . as evacuation routes as directed by the Department of Emergency Management. [9J 5.012(3)(0)1] [ §163.3178(2)(d), F.S.] Conservation and Coastal Management 129 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 2156.1.43 Monroe County shall annually identify and establish staffing and equipment need priorities which are directly related to increasing efficiency during hurricane evacuation, including, but not limited to, communication systems, emergency coordination personnel, public education personnel, and development review personnel. Opportunities for fulfilling the deficiencies with reliable interagency support shall be identified and interlocal agreements initiated. [9J 5.012(3)(c)1] [163.3178(2)(d). F.S.] Poli5 As part of the 5 year Comprehensive Plan Evaluation and Appraisal Report Planning Council and the municipalities of Key West, Layton, and Key Colony • more accurately predict peak seasonal occupancy rates, behavioral response data shall, within one year of certification of such data, be used to rc run clearance timcs produccd by such additional runs of the Southeast Florida 5.012(3)(c)4} - • - - - - -- - - • - - - a - • _ .. National Marine Sanctuary Program. The interlocal agreement shall address funding sourccs. [9J 5.012(3)(c)4] Conservation and Coastal Management 130 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 2156.1.84 In the event of a pending major hurricane (category 3 -5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24 -hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non - residents, visitors, recreational vehicles (RV's), travel trailers, live - aboards (transient and non - transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non - residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a) Zone 1 — Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1 -6) b) Zone 2 — Boca Chica Bridge to West end of 7 -mile Bridge (MM 6 -40) c) Zone 3 — West end of 7 -Mile Bridge to West end of Long Beat Key Bridge (MM 40 -63) d) Zone 4 — West end of Long Beat - Key Bridge to CR 905 and CR 905A intersection (MM 63 -106.5 and MM 1 -9.5 of CR 905) e) Zone 5 — 905A to, and including Ocean Reef (MM 106.5 - 126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual evacuation events and increases, decreases and or shifts in population; particularly the resident and non - resident populations. f 9J3- 5.012(3)(0)1} p163.3178(2)(d), F.S.] - • - - . - • . - . • -- - - • : ' : • - . .: , This Policy shall not increase the number of allocations to more than 197 residential units a year, except for affordable werk€eree housing. Any increase in the number of allocations shall be for affordable workforce housing only. Conservation and Coastal Management 131 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 2156.1.95 In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan, special needs populations shall be identified by the Monroe County Department of Emergency Management. Monroe County shall implement the procedures contained in the Plan for the safe evacuation of these populations. f9J- 5.012(3)(c)1] f $163.3178(2)(d), F.S.1 • ••: _ • . _ of the 18 milt stretch of US 1 northbound from Kcy Largo. [9J 5.012(3)(c)1] Policy 2156.1.446 By January 1, 1997,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt land development regulations which require that all new and redeveloped marinas provide a hurricane contingency plan for review and approval before permits can be issued. [9J 5.012(3)(c)1] 0163.3178(2)(d), F.S.] Policy 2156.1.447 Monroe County shall establish separate dedicated funds to accommodate future technological advances in hurricane analyses and communication systems for the Emergency Management and Emergency Communications Department. {93- 5.012(3)(c)1} [§163.3178(2)(d), F.S.] Policy 2156.1.448 During a hurricane evacuation, Monroe County shall implement the procedures contained in the Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal bridge openings including coordination with the U. S. Coast Guard and Florida Department of Transportation. [9J 5.012(3)(0)1} [ §163.3178(2)(d), F.S.] Policy 2156.1.449 By January 4, 1998, Monroe County shall eempletemaintain a Post - Disaster Recovery Plan which will include a structured procedure aimed at debris removal preparedness during hurricane evacuation and re -entry (See Objective 244216.2 and related policies). [9J 5.012(3)(c)1] [ §163.3178(2)(d), F.S.1 Ike .... - . •, - . -- . .. .. . . - , _ ... _ .. Conservation and Coastal Management 132 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 2156.1.10.6 Monroe County shall coordinate with the Florida Department of Transportation (FDOT) to ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation clearance time at 24 hour ° i^eluai~g but not limited to improvements to US 1 between MM 80 and MM 90, arohours are completed. See Traffic Circulation Policy 301.7.3. [9J 5.012(3)(c)1] j§ 163.3178(2)(d), F.S.1 Policy 2156.1.117 By January 1, 1998, Monroe County shall dewelopcontinue to evaluate programs to reduce the number of evacuating vehicles including, but not limited to programs to encourage ride - sharing and transit usage and, consistent with applicable law, evacuating vehicle registration requirements. [9J 5.012(3)(c)1] N163 F.S.1 Policy 2156.1.128 Reduced evacuation clearance times which may result from adjustments to evacuation model variables, programs to reduce the number of evacuating vehicles or increased roadway facility capacity, shall not be used to increase development expectations beyond the growth allocations provided herein, except to the extent that a hurricane evacuation clearance time of 24 hours can be maintained. Any necessary reduction in hurricane clearance times shall be accomplished by a plan amendment within 180 days of the re- assessment. Policy 2156.1.139 For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3 -5 wind event or Category C -E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City. (Rule 28- 20.140 5/1/2011) Conservation and Coastal Management 133 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 2156.2 By January 1, 1998, Monroe County shall ' ontinue to corrcctaddress existing and projected shelter deficiencies for Category 1 and 2 storms. [9J 5.012(3)(b)7] Policy 6.J § 163.3178(2)(d), F.S.l Policy 2156.2.1 Monroe County shall monitor the need for in- county shelters on an annual basis. [4163.3178(2)(d), F.S J Policy 2156.2.2 Monroe County shall coordinate with State and Federal agencies to evaluate the potential establishment of a dedicated Category 5 Emergency Operations Center. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 134 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 2156.3 By January 1, 1998, Monroe County shall - .. - . . . . . sufficient approvedcontinue to seek to provide additional shelter spaces outside Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. [9J 5.012(3)(b)7] [ &163.3178(2)(d), F.S.] Policy 2156.3.1 By January '1, 1997, Monroe County shall continue to coordinate with the - .., -- . - • . ' Florida Division of Emergency Management, the South Florida Regional Planning Council, Miami -Dade County, the Red Cross and other appropriate agencies to identify sufficient approved shelter spaces (including pet - friendly shelter space) outside of Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. Priority consideration shall be given to expansion of the currently designated shelter at Florida International University in order to consolidate Monroe County shelter spaces in one location. [9J 5.012(3)(c)1] 1 F.S.] Policy 2156.3.2 - • - - : . :. . - .. • . -, Monroe County shall iffitiatemaintain an intergovernmental agreement with Miami -Dade County and other appropriate agencies (e.g., Board of Regents, American Red Cross) in an attempt to provide sufficient approved spaces outside of Monroe County for all county residents who will seek shelter from a Category 3 or greater hurricane._ft particular Monroe Florida International University to be prepared in 1992 93. [9J 5.012(3)(c)4] (See Policy 1301.8767.4) [ §163.3178(2)(d), F.S.1 • - -- . hurricane . [9J 5.012(3)(c)4} By January 1, 1998, Monroe County shall evaluate and confirm the space available at all identified shelters and dctcrminc an estimate of shelter deficiencies. <The Remainder of This Pale Intentionally Left Blank> Conservation and Coastal Management 135 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL 217 216 Monroe County shall maintain a program of hazard mitigation and post - disaster redevelopment to increase public safety and reduce damages and public expenditures. [9J 5.012(3)(a); 9J 5.013(2)(a)] [§163.3178(2)(d), F.S.; §163.3178(2)(h), F.S.1 Obiective 2167.1 Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area (CHHA) which reduces floodplain alteration and damage or loss due to natural disasters. [9J 5.012(3)(b)8] f 163.3178(2)(h), F.S.1 Policy 216 Monroe County shall define the CHHA as the area °ub eet to i b., below the S{ elevation of the category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes) associated with a Catcgory 1 (SLOSH) computerized storm surge model. The CHHA shall be inseam usc. [9J 5.012(3)(c)7 }shown on the Future Land Use Map. [§163.3178(2)(h), F.S.1 Policy 216 Monroe County shall require that all new or replacement sanitary sewage systems in the CHHA meet the following requirements: a) All new or replacement sanitary sewage systems shall be designed and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in a similar manner. b) All new or replacement sanitary sewage systems shall be located and constructed to minimize or eliminate damage to them and contamination from them during flooding. [9J 5.012(3)(c)3] [ §163.3178(2)(h), F.S.] Policy 216 Monroe C o u n t y shall coordinate with the - .. - • - . - .. - • . - FKAA (FKAA) in the continued development of an Aquifer Storage Recovery System to supply emergency potable water in the event that the transmission lines from the mainland are disrupted during a natural disaster (Scc Potable Watcr Objective . The FKAACounty shall eentiftueencourage FKAA to provide emergency service during electric power outages and hurricanes_See tivc 701.7 and Policy 701.7.1). Monroe County endorses burying the potable water transmission lines to reduce their exposure to natural disasters where economically feasible. [9J 5.012(3)(c)3] Conservation and Coastal Management 136 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 216-7.1.4 Monroe County shall continue its policy of reviewing the current Building Code and, as appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to the Code. {9J 5.012(3)(c)3]J$163.3178(2)(d), F.S.I Policy 2167.1.5 Monroe County shall continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS) to the maximum extent possible and shall seek to improve its current CRS Class 9— rating. [9J 5.012(3)(0)3] [ &163.3178(2)(d), F.S.] Policy 216 Monroe County shall continue to enforce federal, state and local setback and elevation requirements to promote the protection and safety of life and property. Revisions to the existing setback requirements contained in the band Development-Regulations land development regulations shall be considered as a means of reducing property damage caused by storms. [9J 5.012(3)(c)3] [& 163.3178(2)(d), F. S.1 Policy 2167.1.7 Monroe County shall consider floodplain management and CHHA issues in making public acquisition decisions. [9J 5.012(3)(c)3114163.3178(2)(h), F.S. Policy 216.1.8 Monroe County shall require that, to the greatest extent practicable, development activity, such as land clearing, grading and filling will not disturb natural drainage patterns. <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 137 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 216 ;.2 By January 1, 1998, Monroe County shall developmaintain a Post - Disaster Redevelopment Plan which addresses priorities for immediate recovery and long -term redevelopment including reducing the exposure of human life to natural hazards. [9J 5.012(3)(b)8] [§163 .3178(2)(d), F.S.1 Policy 216 As provided by its Hurricane Preparedness Evacuation and Shelter Plan, Monroe County shall annually coordinate post- disaster recovery operations to clarify the roles and responsibilities of county departments, state and federal agencies, private and public utilities, and other applicable entities. Deficiencies shall be identified and Monroe County shall immediately initiate interlocal agreements or interdepartmental directives as necessary to remedy the existing deficiencies. {93- 5.012(3)(c)5][ [ §163.3178(2)(d), F.S.] Policy 2167.2.2 By January 4, 1998, Monroe County shall developmaintain a Post - Disaster Redevelopment Plan which specifies procedures for implementing programs for immediate repair, replacement, and cleanup, and long -term rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged infrastructure and consideration of alternatives to its repair or replacement in the CHHA. . , . _ contained in Post Disaster Redevelopment Planning: Model Plan for Three 5.012(3)(c)5 and 7] [ §163.3178(2)(d), F.S.] Policy 2167.2.3 The Post - Disaster Redevelopment Plan shall identify areas particularly susceptible to damage within the CHHA such as the FEMA designated V -zones and repetitive loss areas as defined by FEMA and shall specify procedures for relocating or replacing public infrastructure away from them, where feasible. {93- 5.012(3)(0)7] [§163 .3178(2)(d), F.S.J Policy 2167.2.4 Monroe County shall update the Post - Disaster Redevelopment Plan and coordinate with Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible to repeated damage . : • - ' : • . - ' - . .. • - • ' . . {93- 5.012(3)(0)5] [§163 .3178(2)(d), F.S.] Conservation and Coastal Management 138 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Policy 2167.2.5 In no event shall emergency declarations before, during or following hurricane disaster negate the requirements of these policies and goals, or any regulations derived from them except following a public health menace declaration. Policy 2167.2.6 Following the update of the Post - Disaster Redevelopment Plan, guidelines contained therein for development after a natural disaster shall be incorporated within the Comprehensive Plan by plan amendment. Such amendment shall be processed at the next available plan amendment cycle following completion of the redevelopment plan. <The Remainder of This Pawe Intentionally Left Blank> Conservation and Coastal Management 139 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objective 2167.3 By January 1, 1997, Monroe County shall .... - ... ! - .. - ' - _ maintain land development regulations which directs future growth away from the Coastal High Hazard Area (CHHA). [9J 5.012(3)(b)6] -- • - - - - Use Element Objectives 101. [163.3178(2, 101.3, and 101.5 and related policies.) [9J 5.012(3)(c)3 })(h), F.S.] Policy 216 Monroe County shall prohibit the construction of mobile homes within the CHHA except on an approved lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this plan. [5.012(3)(c)3} <T he Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 140 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update Objectiv With the following exceptions, liMpublic expenditures within the CHHA shall be limited to the restoration or enhancement of natural resources and parklands, expenditures required to serve existing development such as the maintenance or repair of existing infrastructure, and expenditures necessary for public health and safety =. The following exceptions may be considered: 1. County public expenditures within the CHHA may be permitted where required to meet adopted level of service standards or to maintain or reduce hurricane evacuation clearance times and where no feasible alternatives to siting the required facilities within the CHHA exist. 2. County public expenditures within the CHHA may be permitted for improvements and expansions to existing public facilities, whiekt-if improvements or expansions are designed to minimize risk of damage from flooding. [9J 5.012(3)(b)5] f &163.3178(2)(h), F.S.] Policy 2167.4.1 By January 1, 1997, Monroe County shall .... _ ... ! - .. - - - ' - _ . whisk-limit County public expenditures in the CHHA by requiring consideration of feasible siting and design alternatives for public facilities and infrastructure. [9J 5.012(3)(c)3] [§ 163.3178(2)(h), F.S.] y 216 No County public expenditures shall be made for new or expanded public facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currentl accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. [9J 5.012(3)(c)1] [ §163.3178(2)(h), F.S.] <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 141 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update GOAL -2-18 217 environment of the Florida Keys. [9J 5.006(3)(a); 9J 5.012(3)(a); 9J 5.013(2)(a) The coastal area of Monroe County shall be managed to promote public access to the marine and coastal waters, to balance the protection of recreational and commercial working waterfront and commercial fishing uses and the preservation and protection of coastal and natural resources and the community character. [ &163.3178(2)(g), F.S.] Objective 2178.1 • . .. - • - - development projccts. [9J 5.006(2)(b)1,3,1 and 8; 9J 5.012(3)(b)1 and 1; 9J 5.013(2)(b)1 to 1] Monroe County shall adopt and implement incentives and criteria to encourage the preservation of 1) public access to the navigable waters of the State, 2) commercial fishing uses and 3) recreational and commercial working waterfront uses, as defined by Section 342.07, F.S., excluding transient uses. [& 163.3178(2)(g), F.S.] Policy 2178.1.1 The strategy to preserve and protect commercial fishing and recreational and commercial working waterfront uses shall include the following: 1. Exemptions from the requirements of the Permit Allocation System for new nonresidential development, pursuant to Policy 101.4.5; 2. Providing for the preservation of recreational and commercial working waterfront uses within the Mixed Use Commercial and Mixed Use Commercial Fishing Future Land Use categories, pursuant to Policy 101.5.6 and Policy 101.5.7; 3. Maintaining land development regulations to allow lawfully established water - dependent and water - related commercial uses which are identified as a source of economic sustainability within a Livable CommuniKeys Plan to be rebuilt, even if 100% destroyed, provided that they are rebuilt to the preexisting use and are registered and recognized by the Planning & Environmental Resources Department as lawful nonconforming uses and structures; and 4. Implementation of marina siting criteria for new marinas. [ &163.3178(2)(g), F.S.] - . -- Conservation and Coastal Management 142 Keith and Schnars, P.A. Comprehensive Plan: July 2014 Monroe County Comprehensive Plan Update At a minimum, an EIA shall contain the following: 2.description of existing site conditions; a) soils; b-)-wetlands; c) native upland vegetation; d) wildlife habitat; water alit g) living marine resources; h) air quality; i) drainage; j) water supply; 1) solid waste disposal; m tran n) housing; p) c ,,t: l q) community character; r) economic impacts; s) other special considerations as may be identified by the Department of Planning; and 1.measures dcsigncd to eliminate identified adverse impacts. [9J 5.012(3)(c)1] Mitigation measures identified in the EIA shall be specified, where deemed appropriate by the County, as conditions of the Development Order. [9J 5.012(3)(c)1] Policy 218.1.3 possible, the reviewers shall include those individuals who participated in the development of the existing HEI methodology. [9J 5.012(3)(c)1} Conservation and Coastal Management 143 Keith and Schnars, P.A. Comprehensive Plan: July 2014