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Resolution 304-1990 /./'", Environmental Resources ..... o ::E: RESOLUTION NO. 304- 1990 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A DOCK PERMITTING POLI CY FOR MAN MADE CANALS, BOAT BASINS, AND SIMILAR WATERBODIES AS WELL AS FOR SEMI - ENCLOSED NAVIGABLE NATURAL WATERBODIES. WHEREAS, the Monroe County Board of County Commissioners has heard testimony concerning current County dock permitting policy at a regularly scheduled meeting of the Board on 9 May 1990; and WHEREAS, the Monroe County Board of County Commissioners has determined that clarification of the dock permitting policies and regulations was necessary; and WHEREAS, The Monroe County Board of County Commissioners has requested that a dock permitting policy be drafted for the 30 May 1990 Board meeting; and WHEREAS, County staff has drafted the attached Administrative Instruction No. 3002, which is hereby incorporated by reference, and which is in compliance with the Board's direction; now therefore BE IT Commissioners Instruction No. permitting. RESOLVED that hereby adopt 3002 as the the the Monroe Monroe County Board of attached Administrative County policy for dock PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 30 th day of May 1990. Attest :DANNY L. KOLHAGE, Clerk DANNY L. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ok~ Mayor/Chairman B'f OFFICE OF THE COUNTY ADMINISTRATOR Key West, Florida MONROE COUNTY ADMINISTRATION INSTRUCTION 3002 Date: 17 May 1990 Subject: Dock Permitting Policy Reference: (A) Action by the Monroe County Board of County Commissioners: 13 February 1990 28 March 1990 - Continued to 9 May 1990 Enclosure: None Effective Date: 30 May 1990 (1) Background: Through previous correspondence leading back approximately one year and in action taken by the Monroe County Board of County Commiss ioners, concern has been recognized for the current dock permitting policy on man made canals. The principal concern of the residents of many canals, particularly in the Key Largo area, is navigable access after marginal docks or bulkheads have been permitted. In particular, residents of Lake Surprise Estates note that docks permitted to meet four foot (4') depth requirements may hinder safe navigation along the access canal leading into the subdivision. The dock itself may preempt navigable area or a boat placed at the edge of either a dock or bulkhead may preempt navigable area. Relevant Comprehensive Plan Policy: Volume II, Monroe County Comprehensive Plan, Chapter VII, Coastal Zone and Conservation Element, "Shoreline Modification," pp 204-205. Docks _f!Il<l X ie_rll "1. Docks and piers should not hinder navigation or public use of the waters. 2. Docks and piers will be constructed and maintained in that does not degrade area aesthetics or conflict with shoreline uses." a manner adjacent Relevant Land Development Regulations: Chapter 9.5 Monroe County Code, Section 9.5-345 (m) (2) "e. No structure shall be located on submerged land which is vegetated with sea grasses except as is necessary to reach waters at least four (4) feet below mean low level for docking facilities; d. No docking facility shall be developed at any site unless a minimum channel of twenty (20) feet in width where a mean low water depth of at least minus four (-4) feet exists." (2) Purpose: The purpose of this Administrative Instruction is to clarify existing dock regulations and policies with respect to the specific concerns noted above. (3) Cancellation: specifically Commissioners. This Instruction is to remain in effect unless revised or cancelled by the Board of County (4) Instructions: A. Docks permitted on man made canals, boat basins, or similar water bodies shall be permitted only after consideration of, both, issues of navigation and water depth. 1. Dock widths may not exceed ten percent (10 %) of the width of any man made canal, boat basin, or similar waterbody, 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. 2. All docks permitted in accordance with A. 1. above, must meet the minimum water depth requirement at the terminal end of the proposed dock, in accordance with Section 9.5-345 (m) (2), Monroe County Code. 3. If compliance with A. 2. would violate the policy set out in A. 1., then 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. 4. In consideration of any dock permit request, the reviewing staff person should consider both the dock width and the average width of boats docked on the particular waterbody. Generally, no dock with a moored boat should preempt more than twenty five percent (25%) of the navigable portion of the man made waterbody. This should allow for a dock on either side of the man made waterbodyto have a moored boat and room for free passage of two boats down the center of the water body. B. On all semi -enclosed natural waterbodies where could similarly become a problem upon permission of a approach outlined in A. above should be utilized to compliance with comprehensive plan policy and development regulations. navigation dock, the determine the land C. In considering any application for docks in any man-made canal, boat basin, or similar waterbody or semi-enclosed natural waterbody, a dock perpendicular to the shoreline will only be permitted where parallel to shoreline dockage is impossible to achieve due to vegetative shoreline, community restrictions or where a parallel dock will not permit appropriate access as noted in A.2. (5) Action: Implementation upon adoption by the Monroe County Board of County Commissioners