Ordinance 004-1980
ORDINANCE NO. 4 - 1980
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA,
AMENDING MONROE COUNTY ORDINANCE NO. 18-1975,
THE SAME BEING AN ORDINANCE ENTITLED "AN ORDI-
NANCE FOR PROVIDING SITE CLEARING AND TREE PRO-
TECTION IN MONROE COUNTY, FLORIDA. . . ETC."
BY AMENDING SAID ORDINANCE TO REDEFINE THE
DEFINITION OF TROPICAL HARDWOOD HAMMOCK BY
DELETING REFERENCE TO MASTIC, GEIGER TREE AND
SOAPBERRY PLANTS; PROVIDING FOR REQUIREMENT
THAT MAPPING FOR PERMIT APPLICATION OF NATIVE
VEGETATION BE DONE BY A QUALIFIED BIOLOGIST OR
NATURALIST BUT WAIVING SPECIFIC TREE LOCATION
REQUIREMENT FOR PROJECT OF FIVE (5) ACRES OR
MORE; REQUIRING NOTIFICATION OF COUNTY BIOLOGIST
WHEN SITE HAS BEEN CLEARED PURSUANT TO PERMIT
AND PROVIDING FOR NON-ISSUANCE OF CERTIFICATE
OF COMPLETION UNTIL SITE CLEARING VIOLATIONS
HAVE BEEN RESTORED; AMENDING PENALTY SECTION
TO PROVIDE THAT EACH DAY OF VIOLATION CONSTITUTE
A SEPARATE AND DISTINCT VIOLATION OF THIS
ORDINANCE; AMENDING PROTECTIVE SPECIE SECTION TO
DELETE DATE PALM AND WASHINGTON PAlJ'\AND TO ADD
CINNAMON BARK, CUPANIA, GEIGER TREE, JOEWOOD,
KEY CASSIA, LIGNUM VITAE, MASTIC, PARADISE TREE,
PAUROTIS PALM, PRICKLY APPLE CACTUS, REDBERRY
STOPPER, RED STOPPER, SATINLEAF AND WHITE IRONWOOD;
JillTHORIZATI~G BOARD OF ADJUSTMENT TO GRANT DI-
MENSIONAL VARIANCES TO ENHANCE AND PROTECT THE
PURPOSES OF THE SITE CLEARING AND TREE PRESERVA-
TION ORDINANCE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That Section 2(B) of Monroe County Ordinance
No. 18-1975 be and the same is hereby amended to read as follows:
(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
Shortleaf Fig
Ficus aurea
Ficus citrifolia
Torchwood -- Amyris elemifera
Wild Tamarind -- Lysiloma latisiliquism
Jamaica Dogwood -- Piscidia piscipula
Willow Bustic -- Bumelia salicifolia
Black Ironwood -- Krugiodendron ferreum
Lancewood -- Nectandra coriacea
Gumbo Limbo -- Bursea simaruba
Page 1 of 4 Pages
t.-'80
Crabwood -- Ateramnus lucidus
Poisonwood -- Metopium toxiferum
Spanish Stopper -- Eugenia foetida
Wild Lime -- Zanthoxylum fagara
Etally - - Guapira discolor II
Section 2. That Section 3 (B), (e) and (f) of Monroe County
Ordinance No. 18-1975 be and the same is hereby amended to read
as follows:
"(e) A map of the natural vegetative communities found on
and adjacent to the site, prepared by a qualified biologist, naturalist,
landscape architect, or other professional with a working knowledge of
the native vegetation of the Florida Keys. A natural vegetation list
and names and addresses of individuals qualified to identify the native
vegetation may be obtained from the Monroe County Planning and Zoning
Department. With projects that are 5 acres or more in size, the
vegetation map does not have to identify the location of individual
trees. For projects of this size, the vegetation map should identify
the different vegetative communities, such as tropical hammock, mangrove,
buttonwood transitional, and be accompanied by a descriptive narrative
that identifies any significant trees of natural features of the site.
II (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 clearing is requested, and the steps taken to minimize
effects of clearing on surrounding vegetation and water bodies. A site
plan analysis prepared by a qualified individual, as described above
in (3), shall be included."
Section 3. That Section 3 (D) of Monroe County Ordinance
No. 18-1975 be and the same is hereby amended to read as follows:
".3 (D) NOTIFICATION OF COMPLETION OF CLEARING
CERTIFICATE OF COMPLETION
Within forty-eight (48) hours after the work contemplated under
the land cl,earing permit has been completed, the holder of the permit
shall notify the Building Department of said completion after which
the county biologist shall again field check the clearing site, and if
no violations have occurred, the Building Department shall issue a
certificate of completion to the holder of the permit. If violations
Page l of 4 Pages
1...~1
~ave occurred, a certificate of completion will not be issued until
the site has been restored with native Keys flora or other appro-
priate vegetation as outlined in a restoration plan approved by the
Building Department. 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."
Section 4. That Section 3 (F) of Monroe County Ordinance
No. 18-1975 be and the same is hereby amended to read as follows:
"3 (F) PENALTY
Any person, organization, society, association or corporation
or representative thereof who shall violate the provisions of the
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 day of continuing violation shall constitute
a separate offense. In addition to the fine the violator shall be
required to restore the site with native keys vegetation or other
appropriate vegetation as outlined in a restoration plan approved by
the Building Department."
Section 5. That Section 4 (B) of Monroe County Ordinance
No. 18-1975 be and the same is hereby amended to read as follows:
"4 (B) 'Fo the maximum extent possible, individual trees
of the following species shall be protected:
Buccaneer Palm -- Pseudophoenix sargentii
Cabbage Palm -- Sabal palmetto
Cinnamon Bark -- Canella winterana
Coconut Palm -- Cocos nucifera
Cupania -- Cupania glabra
Florida Thatch Palm -- Thrinax radiata (Lodd)
Geiger Tree -- Cordia sebestena
Joewood -- Jacquinia keyenis
Key Cassia -- Cassia keyensis
Key Thatch Palm -- Thrinax morrissii (H. Wendel)
Lignum vitae -- Guaiacum sanctum
Mastic -- Mastichodendron foetidissimum
Paradise Tree -- Simarouba glauca
Page 3 of 4 Pages
~rz,
Paurotis Palm -- Acoelorrhaphe wrightii
Prickly Apple Cactus -- Cereus gracilis
Redberry Stopper -- Eugenia confusa
Red Stopper -- Eugenia rhombea
Royal Palm -- Roystonea elata
Satinleaf -- Chrysophyllum oliviforme
Silver Palm -- Roystonea elata
Satinleaf -- Chrysophyllum oliviforme
Silver Palm
Coccothrinax argentata
Tree Cactus
Cereus robinii
White Ironwood -- Hypelate trifoliata"
Section 6. That paragraph (C) to Section 4 of Monroe County
Ordinance No. 18-1975 be and the same is hereby added to read as follows:
"4 (C) Dimensional variances from lot setback lines may be
granted by the Board of Adjustment to protect tropical hammack trees and
to otherwise enhance the purpose and intent of this ordinance. "
Section 7. This Ordinance shall take effect upon receipt
of the official acknowledgement from the Department of State acknow-
ledging receipt of certified copy of this ordinance and that said
Ordinance has been filed in said office by the Department of Administration,
Division of State Planning pursuant to the requirements of Florida
Statute, Section 380.05 and Florida Statue Chapter 120.
I !!rn~J\' CE:mrv t!lilt (:J:$ i( ',"C"'; .:;
be!.'n -AVI'aWA,I fAr Ic~.' "":./C.........,,... 0'
1,-," ... "'oO.C ~ ~u(",r ,,~...L. c. .)0.,,;, .....<..
cOlItent and that the Jiam~ mC'~t;: 1i:~\i ;.?!
approval. A"/.1JL4)/1. ~
n (:., ", '.'~
RICH A" .,. I).. h.,
A~dt. C(;";~."J" ': :' '.
,
APPROVED
ON '1YI(}.M\~ /I;11rftJ
(1 PAGE 1. ,
-
SOOK
--
Page 4 of 4 Pages
1-83
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that at first
reading on Tuesday, February 26, 1980 at 4:00 p.m., at the Marathon
Sub-Courthouse, Marathon, Florida and at last reading on Tuesday,
March 11, 1980 at 4:00 p.m., at at the Monroe County Courthouse Annex,
500 Whitehead Street, Key West, Florida, the Board of County Commis-
sioners of Monroe County, Florida intends to consider the adoption
of the following County Ordinance:
ORDINANCE NO.
- 1980
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA,
AMENDING MONROE COUNTY ORDINANCE NO. 18-1975,
THE SAME BEING AN ORDINANCE ENTITLED, '~N ORDI-
NANCE FOR PROVIDING SITE CLEARING AND TREE PRO-
TECTION IN MONROE COUNTY, FLORIDA. . . ETC."
BY AMENDING SAID ORDINANCE TO REDEFINE THE
DEFINITION OF TROPICAL HARDWOOD HAMMOCK BY
DELETING REFERENCE TO MASTIC, GEIGER TREE AND
SOAPBERRY PLANTS; PROVIDING FOR REQUIREMENT
THAT MAPPING FOR PERMIT APPLICATION OF NATIVE
VEGETATION BE DONE BY A QUALIFIED BIOLOGIST OR
NATURALIST BUT WAIVING SPECIFIC TREE LOCATION
REQUIREMENT FOR PROJECT OF FIVE (5) ACRES OR
MORE; REQUIRING NOTIFICATION OF COUNTY BIOLOGIST
WHEN SITE HAS BEEN CLEARED PURSUANT TO PERMIT
AND PROVIDING FOR NON-ISSUANCE OF CERTIFICATE
OF COMPLETION UNTIL SITE CLEARING VIOLATIONS
HAVE :',BEEN RESTORED; AMENDING PENALTY SECTION
TO PROVIDE THAT EACH DAY OF VIOLATION CONSTITUTE
A SEPARATE AND DISTINCT VIOLATION OF THIS
ORDINANCE; AMENDING PROTECTIVE SPECIE SECTION TO
DELETE DATE PALM AND WASHINGTON PALM AND TO ADD
CINNAMON BARK, CUPANI~, GEIGER TREE, JOEWOOD,
KEY CASSIA, LIGNUM VITAE, MASTIC, PARADISE TREE,
PAUROTIS PALM, PRICKLY APPLE CACTUS, REDBERRY
STOPPER, RED STOPPER, SATINLEAF AND WHITE IRONWOOD;
AUTHORIZING BOARD OF ADJUSTMENT TO GRANT DIMEN-
SIONAL VARIANCES TO ENHANCE AND PROTECT THE
PURPOSES OF THE SITE CLEARING AND TREE PRESERVA-
TION ORDINANCE; PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida this 24th day of January, A.D.
1980.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
Publish:February 8, 1980
and March 3, 1980
15t~
PROOF OF PUBLICATION .
•
. r11 1Krt iiii.rst ClttttErtt
Published Daily
• Key West, Monroe County, Florida -
STATE OF FLORIDA)
COUNTY OF MONROE) ss. •
•
Before the undersigned authority personally appeared
. . gtp�i,p.p�l, PPpppito ' , who on oath says that he is •
•
. . ASIY.e tiPirig. X,anager , of the Key West Citizen, a _
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of advertisement, being a, Notice of
Intention to Consider Adoption of County Ordinance.
in the matter of
• `( ;LEGAL NOTICE ) , A
NOTICE OF INTENTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
' NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that at first reading on Tuesday,
• 'February 26,1980 at 4:00 p.m.,at
1 the Marathon Sub-Courthouse,
Marathon, Florida and at last
reading on Tuesday, March 11,
1980 at 4:00 p.m., at the Monroe
County Courthouse. Annex, 500
'Whitehead_Street, Key West,
Florida, the Board of County
Commissioners of Monroe County,
Florida intends to consider,the
adoption of the following County
Ordinance: ,
ORDINANCE NO.-1960
An ordinance relating to Monroe '
County, Florida, amending
-Monroe County Ordinance No.18-
- • 1975,the same being an ordinance - _ _
entitled, "An Ordinance.for
Providing Site clearing ane Tree •
Protection in Monroe County,
Florida . . , Etc." by amending
said ordinance' to redefine the •
definition of tropical hardwood ,
hammock by deleting reference to
I Mastic, Geiger Tree, and Soap- February 8,
was published in Si, berry Plants; providing for IlSSueS of
requirement that mapping:for March 3 1980.
permit application of native
vegetation be done by a qualified
I Biologist or Naturalist but waiving
lispecific tree location requirement •
for protect of five (5) acres or
Affiant further more; requiring notification of The Key West Citizen is a
county Biologist when site has
newspaper published)been scleared pursuant to permit ;d Monroe county, Florida,
and providing for non-issuance of
and that the said nl.certificate of completion until site ' , ore been continuously
clearing violations have been l'
published in said M3 restored; amending penalty ,�, each day (except •
Saturdays) and has ]section to provide that each day of 7d class mail matter at the
violation constitute a separate and
post office in Key
distinct violation of this or-; County, Florida, for a
y dinance; amending protective
- period of one year r specie section to delete date palm
and washington palm and to add =first publication of the
attached copy of ath Cinnamon Bark,Cupania,Geiger Tree, -Joewood, Key Cassia, giant further says that he ha:
neither paid nor pro Lignum Vitae, Mastic, Paradise • !_rm or corporation any
•
1 Tree, Paurotis Palm, Prickly
discount, rebate, cc Apply Cactus, Redberry Stopper, . 'or the purpose of securing
Red Stopper,Satinleaf and White
this advertisement f Ironwood; authorizing Board of fie said newspaper.
'Adjustment to grant dimensional
. variances to enhance and protect .
I the purposes of the site clearing
___ ___,and tree preservation ordinance; _ -
-- - I providing an effective date. Is..e...„
--- vOfq"y P DATED of Key West, Florida `
rflY 1/... S't this 24th day of January, A.D.•
g� MMSS. 0' 1980. RALPH W.WHITE G
JhR—wm Clerk of the Circuit
Court of Monroe County,
Florida and f the Clerk
of Board of
(SEAL)_ County Commissioners �_
Y Feb.II,,March 3,1980. ._�-
— 54.
__ - worn to and subscri e}� before me this
day -of J ,A.D. 1980'
•
�,g5
~c'rdal1! af ~tatc
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3680
GEORGE FIRESTONE
SECRETARY OF STATE
March 19, 1980
Honorable Ralph W. White
Clerk of' Circuit Court
Monroe County Courthouse
500 Whit:ehead Street
Key West, Florida 33040
Attention: Yvonne Phelps, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
~. Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
March 14,
Monroe
80-4
2. Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
(b)
~.
which we have numbered
We have filed this/efieee Ordinance/s in this office
March 19,
1980.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
NK/ rob
Cordially,
7tziAlft J:!C2/~4t/. h A f
(Mrs.) N~y KaVanaUg~/
Chief, Bureau of Laws
1..'8'w