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Ordinance 018-1975 ORDINANCE NO. 18 -1975 AN ORDINANCE FOR PROVIDING SITE CLEARING AND TREE PROTECTION IN MONROE COUNTY. FLORIDA; DEFINING DEVELOPMENT HEREUNDER; DEFINING TROPICAL HARDWOOD HAMMOCK; REQUIRING PERMITS FOR LAND CLEARING; PRO- VIDING FOR EXCEPTIONS TO PERMIT REQUIREMENTS; PRO- VIDING FOR APPLICATIONS AND PREREQUISITES FOR PER- MIT ISSUANCES; PROVIDING FOR NOTIFICATION OF COM- PLETION OF CLEARING AND CERTIFICATION OF COMPLETION; PROVIDING FEES FOR SAID PERMITS; PROVIDING FOR THE MAXU1UM PROTECTION OF TROPICAL HARm~OOD HAMMOCK COMMUNITIES AND INDIVIDUAL PALM TREES AND TREE CACTUS OF CERTAIN SPECIES; PROVIDING THAT THIS OR- DINANCE SHALL NOT APPLY TO ANY MUNICIPALITY IN MONROE COUNTY. FLORIDA; PROVIDING FOR A PENALTY FOR ANY VIOLATIONS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Purposes. (A) To promote and encourage the protection of unique and biologically important natural resources, prevent the adverse effects to adjacent properties caused by the indiscriminate clearing of land, aid in the implementation of other requirements for shoreline and tree protection, and minimize potential adverse impacts upon water quality. (B) To promote and encourage the protection and conserva- tion of biologically unique vegetative associations known as tropical hardwood hammocks, protect certain rare or aesthetically desirable tree species found within these hammocks, provide performance oriented criteria for the protection of these tropical hammocks and specific trees in recognition of their importance and contributions to the pro- motion of the health, safety, and welfare of the community through carbon dioxide absorption, oxygen release, protection from storm winds, microclimate modification, wind and noise reduction and sur- face drainage improvement and stabilization. Section 2, Definitions. (A) "Development" means the carrying out of any building operation or the making of any material change in the use or appear- ance of any structure, and for the purpose of this ordinance shall include: -2- (1) The placement or construction of any structure on land; (2) The reconstruction, alteration of the size, or material change in the external appearance, of a structure on the land; (3) Alteration of a shore or bank of a seacoast, including any coastal construction as defined in Section 161.021, Florida Statutes; (4) Demolition of a structure; (5) Clearing of land or removal of any vegetation; (6) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (B) Tropical hardwood hammock is defined as a character- istic combination of plant species, repeated in numerous stands, which contain predominantly the following tree species: Pigeon Plum -- Coccoloba diversifolia Strangler Fig -- Ficus aurea, F, citrifolia Torchwood -- Amyris elemifera Wild Tamarind -- Lysiloma bahamensis Jamaica Dogwood -- Piscidia piscipula Mastic -- Mastichodendron foetidissimum Willow Bustic -- Bumelia salicifolia Black Ironwood -- Krugiodendron ferreum Lancewood -- Nectandra coriacea Gumbo Limbo -- Bursera simaruba Geiger Tree -- Cordia sebestena Crabwood -- Gymanthes lucida Poisonwood -- Metopium toxiferum Spanish Stopper -- Eugenia buxifolia Wild Lime -- Zanthoxylum fagara Soapberry -- Sapindus sapunaria Blolly -- Pisonia discolor Section 3. Land Clearing. (A) Permit Required. (1) It shall be unlawful and an offense against the County for any person, firm or corporation, either individually or through agents, employees or independent contractors, to clear, by mechanical or any other means, any land located within the unincor- porated areas of Monroe County without having first applied for and obtained a land clearing permit from the Building Department of the County. -3- (2) A land claring permit shall be required for the removal of all or parts of naturally occurring vegetation in Monroe County. (3) Review and approval of development site plans which results in the issuance of a development order shall constitute compliance with the requirements of this Section. In such cases the land clearing permit will be issued in conjunction with the building permit. (4) be required for: (a) Minor landscaping maintenance such as trimming of trees and shrubs, and mowing of yards; (b) Minimal clearing of lines less than four feet wide for surveying purposes; (c) Minimal clearing for the maintenance of property access and for minor recreational pursuits such as fishing, nature trails, boardwalks and wildlife observation; (d) Removal of trees or parts thereof which threaten to cause disruption of public or private utility services or pose a hazard in an emergency condition; provided, however, that any trim- ming will not destroy the tree. (B) Permit Application; Field Check, Verification Pre- requisite to Permit Issuance. (1) Any person, firm or corporation requesting a land clearing permit shall file an application with the County Building Department on a form provided by said Department. Said application shall contain the following information: (a) The name and address of the owner of the land for which the clearing permit is requested; (b) The name and address of the person, firm or corporation that will physically clear the land; (c) The proposed date the land clearing will com- mence and the projected date of completion; Exceptions. A land clearing permit shall not -4- (d) The legal description and street address, if any, of the land for which the permit is requested; (e) A map of the natural vegetative communities found on and adjacent to the site. A natural vegetation list may be obtained from the Monroe County Planning and Zoning Department. (f) An overall site plan of the land for which the permit is requested indicating the shape and dimensions of said land, the purposes for which clearning is requested, and the steps taken to minimize effects of clearing on surrounding vegetation and water bodies. (2) Prior to the issuance of a land clearing permit, the Building Department shall field check the proposed clearing site and shall verify on the application that the facts contained therein, relative to the location and description of vegetation, are factually correct. (C) Approval of Permit. After an application for a land clearing permit has been filed and verified, the Building Department and the Planning and Zoning Department shall review and consider what effects such removal of vegetation will have upon the natural resources, scenic amenities and water quality on and adjacent to the proposed site. Upon finding that such removal of natural vegetation will not adverse- lyaffect the natural resources, scenic amenities and water quality adjacent to the proposed site, the permit shall be approved, approved subject to modification or specified conditions, or denied. In the event a request is denied, the reasons for denial shall be noted on the application form and the applicant shall be so notified. (D) Notification of Completion of Clearing; Certificate of Completion. Within forty-eight (48) hours after the work contem- plated under the land clearing permit has been completed, the holder of the permit shall notify the Building Department of said completion after which said Department shall again field check the clearing site -5- and, if no violations have occurred, the Building Department shall issue a certificate of completion to the holder of the permit. No further activity of any nature shall commence on the land that is the subject matter of the land clearing permit until said certificate has been issued. (E) Permit Fees. Application for a land clearing permit filed with the Building Department shall be accompanied by a fee of ten (10) dollars for each individual site under one acre and twenty (20) dollars for each individual site over one acre proposed for clearing. Such fees are hereby declared to be necessary for the purpose of processing the application and making the necessary inspections for the administra- tion and enforcement of this Section. (F) Penalty. Any person, organization, society, association or corporation or representative thereof who shall violate the pro- visions of this Article shall, upon conviction, be fined not less than ten (10) dollars nor more than five hundred (500) dollars or be imprisoned for a term not to exceed sixty (60) days or both such fine and imprisonment for each conviction. Each violation shall con- stitute a separate offense. Section 4. Tree Protection. (A) To the maximum extent possible, tropical hardwood hammock communities, as defined in Section 2 (B) of this Ordinance, shall be protected. Protection of such tropical hardwood hammock communities as intact areas or "clumps" shall be encouraged in all proposed development over the selective removal of individual trees. The spatial arrangement of proposed structures and other impervious surfaces shall reflect design considerations which provide maximum protection of these tropical hardwood hammock communities. (B) To the maximum extent possible, individual palm trees and tree cactus of the following species shall be protected: -6- Buccaneer palm -- Pseudophoenix sargentii Cabbage palm -- Sabal palmetto Coconut palm -- Cocos nucifera Date palm -- Phoenix dactylifera Paurotis palm -- Acoelorrhaphe wrightii Royal palm -- Roystonea elata Silver palm -- Coccothrinax argentata Key thatch palm -- Thrinax morrissii (H. Wendel) Florida thatch palm -- Thrinax radiata (Lodd) Washington palm -- Washingtonia filifera Tree cactus -- Cereus robinii Section 5. This Ordinance shall not apply to any munici- pality located in Monroe County, Florida. Section 6. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowl- edging receipt of certified copy of this Ordinance and that said Or- dinance has been filed in said office. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT HAY CONCERN that on Monday, December 15, 1975, at 10:15 A.M. at the Sub-Courthouse in Marathon, ~10noe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1975 AN ORDINANCE FOR PROVIDING SITE CLEARING AND TREE PROTECTION IN MONROE COUNTY, FLORIDA; DEFINING DEVELOPMENT HEREUNDER; DEFINING TROPICAL HARDWOOD HAMMOCK; REQUIRING PERMITS FOR LAND CLEARING; PRO- VIDING FOR EXCEPTIONS TO PERMIT REQUIREMENTS; PRO- VIDING FOR APPLICATIONS AND PREREQUISITES FOR PER- MIT ISSUANCES; PROVIDING FOR NOTIFICATION OF COM- PLETION OF CLEARING AND CERTIFICATION OF COMPLETION; PROVIDING FEES FOR SAID PERHITS; PROVIDING FOR THE MAXIMUM PROTECTION OF TROPICAL HARDWOOD HAMMOCK COMMUNITIES AND INDIVIDUAL PALM TREES AND TREE CACTUS OF CERTAIN SPECIES; PROVIDING THAT THIS OR- DINANCE SHALL NOT APPLY TO ANY MUNICIPALITY IN MONROE COUNTY, FLORIDA; PROVIDING FOR A PENALTY FOR ANY VIOLATIONS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida, this 21st day of November, A,D. 1975. RALPH ~\T. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Honroe County, Florida. (SEAL) Publish: Tuesday, November 25, 1975. 11' . I . ~ctrctant of ~t,rlt ..... STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 1904} 488-3918 BRUCE A. SMATHERS DAVID C, MACNAMARA SECRETARY OF STATE Assistant Secretary of State December 29, 1975 Honorable Ralph W. White Clerk of the Circuit Court Monroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of December 22, and certified copies of Monroe County Ordinances Nos. 75-17 through 75-21. These ordi- nances were received and filed in this office December 29, 1975. Kindest regards. Cordially J BRUCE A. SMATHERS Secretary of State NJ</mp ....."..--.. . . , >:.~\:~ :.:~,\~~)3>~'\\ ~.. o,~, n..,~. ":,.... ~\ \. ~_...\,\ r\ ,. . 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