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Ordinance 040-1998 ., ORDINANCE No.Jl!J.O-1998 AN ORDINANCE AMENDING THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS, SECTIONS 9.5-336 THROUGH 9.5-342, REGARDING THE HABITAT EVALUATION INDEX (HEI); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Momoe County Year 2010 Comprehensive Plan requires revisions to the Habitat Evaluation Index (HEI) to better protect the natural resources of the County; and WHEREAS, the Momoe County Environmental Resources Department is proposing amendments to the Momoe County Land Development Regulations relating to the Habitat Evaluation Index (HEI) system in order to implement policies contained in the Year 2010 Comprehensive Plan and to better differentiate high, moderate, and low quality habitats; and WHEREAS, at a regular meeting on June 4, 1998, the Development Review Committee considered the proposal and recommended approval of the proposed amendments to the Planning Commission in Resolution No, DOl-98; and WHEREAS, at a regular meeting on June 17, 1998, the Momoe County Planning Commission, sitting as the local planning agency, after due notice and public participation in the public hearing process, conducted a public hearing and recommended approval of the proposed amendments to the Board in Resolution No. P46-98, with the recommendation that implementation of the revisions be contingent upon adoption of revisions to related regulations concerning open space requirements, transplantation, and environmental design criteria; and WHEREAS, based on the above fmdings, the Board has determined that it is necess~ and desirable to amend the above referenced Land Development Regulations; and 0 0 ~ .:t.'> ::0("')- o r-:- rr, ;:1_ ...,; ("'). 'r;" BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF g~.._". MONROE COUNTY, FLORIDA, that: :.r:. c) -l CJ r- :"<:-;.::r: "?J . )::~ r- C) ? n, NOW THEREFORE, \0 \Q k :zo: .." r== ,." o .." CJ ::v :::0 rll (") CJ ::::0 o - - Section 1. Sections 9.5-336 through 9.5-342 of the Momoe County Land Development Regulations are hereby amended to read as shown on attached "Exhibit 1": .bo ::z 9 ~ ......, Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity, Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Momoe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Page 10f2 Section 5. The provision of this ordinance shall take effect when acknowledgment of its receipt for filing in the Office of the Secretary of State of the State of Florida has been received and when it has been approved by the State Land Planning Agency pursuant to F.S. 380.0552(9). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 9 thday of De c emb,a~ ~9 9 8 Mayor Harvey Mayor Pro Tern Freeman Commissioner Neugent Commissioner Williams Commissioner Reich absent ~ ~ ~ ~ M' ~~.~'~i ..,~ .' . .' '\. ......./".~"... -r..:.. ".' .'\),.. r.... (.. ~ 7 "\..ol. " \" . '. I' ./~ . : '. j E~~" . . .~ ;'., < . f:...:I. .. "liP. . ".."1 \. '." .A.t/;/ . ~~.....~ '. ".=...~ .=--:~:::~' . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . ~ ~ BY~ MAYOR/CHAIRMAN (SEAL) A TrEST: DANNY L. KOLHAGE, CLERK 12'1'E~~ ~tcfM..-' BY Page 2 of2 BOCC Ordinance Exhibit 1 (LDR revisions) 1 Draft Revision of the Habitat Analysis 2 Monroe County Land Development Regulations Sections 9.5-336 through 9.5-342. 3 4 5 6 Sec. 9.5-336. Habitat analysis required. 7 (a) As a part of an application for approval of development on lands classified on 8 the existing conditions map as slash pineland or tropical hardwood hammock, the 9 applicant shall prepare and submit a habitat analysis that analyzes the distribution 10 and quality of undisturbed lands within the parcel proposed to be developed in 11 accordance with the standards of this division unless the applicant stipulates that 12 the slash pinelands or tropical hardwood hammock is of high quality pursuant to 13 the provisions of this chapter. Once a development permit has been issued and 14 site preparation commenced, the habitat quality rating either resulting from the 15 habitat analysis or as a result of the applicant's stipulation of high quality shall 16 remain in perpetuity and all future development of the parcel shall conform to the 17 applicable pinelands or hammock so analyzed or stipulated. This shall be assured 18 by attachment of a deed restriction to run with the land, stating the amount of 19 required open space. Likewise, a habitat analysis which is part of a development 20 application or permit, which application for development is then denied or 21 abandoned or which permit is abandoned or expired without site preparation 22 having commenced, shall be revised and resubmitted according to the applicable 23 standards at the time of submittal of a new application for development. 24 25 (b) The habitat analysis shall be prepared in accordance with the procedures and 26 methods specified herein by a biologist qualified under section 9.5-28 of this 27 chapter, however, all habitat analyses are subject to the approval of the county 28 biologist. Where the habitat analysis requires consideration of commercially 29 exploited, threatened or endangered plant and animal species, the analysis shall 30 consider those native plants and animals listed under state and federal law at the 31 time Uu: g~'.'~IQ~IR~at :iPln'Q'.'al iE EQugGt of application. Where consideration of 32 regionally important plants is required, the habitat analysis shall consider those 33 plants listed by the Monroe County Environmental Resources Department at the 34 time tR~ g~"~IQ~IR~at :ipprQ"al iE EQYgRt of application. 35 36 (c) The habitat analysis required pursuant to this section on any residentially 37 zoned parcel of land that is the subject of an unexpired, positive determination of 38 vested rights shall be conducted pursuant to the land development regulations in 39 effect at the time the vested rights determination was made. 40 41 Sec. 9.5-337. Waiver of habitat analysis. 42 The Director of Environmental Resources d-ir~~tgr gfplaPlRRg may, Yp9R Ul~ 43 r~~glIYR~RgatiQR 9ftR~ ~g~j' 9iQIQgiEt after a site visit, waive or limit the requirements 1 HEI in LDR format; December 9,1998 soee Ordinance Exhibit 1 (LDR revisions) 1 for a habitat analysis if the director determines that there are no significant natural areas 2 on the parcel proposed for development. 3 4 5 6 7 9.5-338. Habitat type analysis. 8 (a) The analysis of the quality of undisturbed land shall be carried out according 9 to the following habitat types as indicated on the existing conditions map: 10 (1) High hammock; 11 (2) Low hammock; 12 (3) Pinelands. 13 (b) '~~iri a parsil 9flaml ~9lRailli: lR9fi tRail. 9Ri (1) habitat ~ll'i, ia~R Rabitat 14 ~Rall bi all.al)~iQ i:iparatil-y. 15 16 9.5-338.1. Habitat analysis objective. 17 (a) The habitat analysis, also known as the habitat evaluation index (HEI) system, 18 shall evaluate the relative ecological and cultural quality of the remaining 19 hardwood hammocks and slash pine lands of the Florida Keys both with respect to 20 their inherent character and integrity and their context in the Florida Keys 21 ecosystem landscape. 22 23 24 9.5-338.2. Automatic hi2h quality forest classification. 25 (a) Tropical hardwood hammocks and slash pinelands that meet the requirements 26 of this section shall be classified as high quality habitats without the need for a 27 habitat analysis. 28 (1) Category 1: Tropical hardwood hammocks of 12.5 acres or more in 29 size shall be classified as high quality hammocks. 30 a. Rationale: These hammocks are important due to their size, 31 landscape position, and relatively undisturbed character. The 32 documented use of these hammocks by forest-nesting and fledgling 33 birds elevates their potential importance with respect to wildlife 34 value in general. In fact most of them currently have documented 35 status as habitat for listed animal species and as habitat for many 36 rare and listed plants. Many also contain potentially rare and 37 valuable archaeological resources. 38 (2) Category 2: Tropical hardwood hammocks owned by federal, state or 39 local governments or by private organizations that are managed or were 40 purchased for the primary purpose of conservation shall be classified as 41 high quality hammocks. 42 a. Rationale: Hammocks purchased for their conservation or 43 preservation value should presumably be managed to conserve and 44 enhance that value. 2 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 soee Ordinance Exhibit 1 (LDR revisions) (3) Category 3: Tropical hardwood hammocks on offshore islands (islands not connected by vehicular access to the Overseas Highway) shall be classified as high quality hammocks. a. Rationale: The landscape position feature makes these hammocks valuable, especially with respect to their integral relationship with the marine community. Offshore islands also usually represent areas of minimal disturbance and exposure to secondary impacts. (4) Category 4: All slash pinel and habitats excluding those located within Improved Subdivision (IS) zoning districts shall be classified as high quality pinelands. a. Rationale: Pinelands are crucial habitat for the endangered Key deer and harbor significant freshwater wetlands that serve as habitat to a number of other listed and non-listed wildlife species. This habitat likewise harbors a wide range of listed, rare and endemic plants. Regularly burned pinelands are of unquestionably higher quality than non-burned pinelands. Pineland habitat in the keys is rare and any areas that have a possibility of undergoing burn management are considered to have a substantial level of value for conservation. Burning and mechanical removal of hardwood and deadwood buildup for small pineland parcels is increasingly practiced. IS-zoned pinelands are specifically excluded here due to increased secondary impacts, increased costs and logistical coordination needed for burning, and land use considerations. (5) Category 5: Palm Hammocks: A hammock or portion thereof which contains a prevalence of palms of the genus Thrinax as determined by the procedures outlined in this division shall be classified as high quality habitat. a. Rationale: Monroe County contains the only rockland palm hammocks in the United States and these are found primarily (but not exclusively) in the middle keys (Grassy Key through Key Vaca). Most of them have been permanently removed (Key Vaca). One significant stand (Curry Hammock) is a state park. The remainder should be protected to preserve a valuable cultural resource and wildlife habitat. (6) Category 6: Berm hammocks found on sandy berm substrate, usually at or near the shoreline shall be classified as high quality habitats. a. Rationale: Berm hammocks are extremely rare and are unique to the Florida Keys. They are often subjected to intense development pressures due to their shoreline location. The remainder should be protected to preserve a valuable cultural resource and wildlife habitat. 3 HE! in LDR format; December 9, 1998 soee Ordinance Exhibit 1 (LDR revisions) 1 (7) Catef(ory 7: Cactus hammocks with a prevalence of native cactus 2 species of the genera Opuntia and Cereus shall be classified as high 3 quality habitats. 4 a. Rationale: Cactus hammocks are extremely rare in and unique 5 to the Florida Keys and the remainder should be protected to 6 preserve a valuable cultural resource and wildlife habitat. 7 (8) Category 8: Coastal Rock Barrens communities with often sparse, 8 low-growing xeric rare plants and cacti shall be classified as high quality 9 habitats. Vegetation is distinctive with the occurrence of relatively rare 10 ground covers such as Indif(ofera keyensis, Opuntia triacantha and others. 11 a. Rationale: This is an extremely rare community that is 12 currently known at only four sites in the Florida Keys. The 13 remaining habitat should be protected to preserve a valuable 14 cultural and wildlife habitat, especially for rare plants. 15 16 9.5-338.3. Habitat analysis definitions and approach. 17 (a) If the tropical hardwood hammock or pineland does not automatically qualify 18 for one of the above high quality categories, a habitat analysis must be completed 19 as required by this division. The methods and procedures for performing the 20 habitat analysis shall be set forth by the Director of Environmental Resources and 21 shall be made available in the form of a procedural handbook to qualified 22 biologists wishing to conduct habitat analyses in the Florida Keys. The handbook 23 may be updated from time to time by the Director of Environmental Resources. 24 The handbook shall include official lists of threatened, endangered, commercially 25 exploited, regionally important and invasive exotic plants to be used in 26 conducting the habitat analysis. The official Threatened and Endangered Animal 27 Species Maps shall also be made available by the county for inspection by 28 qualified biologists to fulfill the procedural requirements of conducting the habitat 29 analysis. The Threatened and Endangered Animal Species Maps may be updated 30 as required from time to time at the discretion of the Board of County 31 Commissioners using the procedure outlined in Section 9.5-511. The quality of 32 the tropical hardwood hammock or slash pineland shall be rated according to the 33 criteria listed in this division for each habitat type and according to the guidance 34 provided by the habitat analysis handbook and the Director of Environmental 35 Resources. The handbook shall also set forth official procedures for 36 determination of palm hammocks and other automatic quality categories. 37 38 9.5-339. Habitat analysis for high hammocks. 39 (a) TO BE DELETED IN ITS ENTIRETY 40 (b) TO BE REPLACED IN ITS ENTIRETY WITH THE FOLLOWING TEXT: 41 The quality of high hammocks shall be analyzed on the basis of the following 42 indices and scores: 43 (1)Tree size: 4 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 soee Ordinance Exhibit 1 (LOR revisions) a. Rationale: Larger trees indicate older, more mature hammocks which are culturally and ecologically important and also may generally increase available habitat niches. b. For hammocks located from Plantation Key north (inclusive): 1. The three dominant canopy tree species have average diameters at breast height (DBHs) of 8 inches or more indicates a score of 1.5. 2. Two of the three dominant canopy tree species have average DBHs of 8 inches or more indicates a score of 1.0. 3. One of the three dominant canopy tree species has an average DBH of 8 inches or more indicates a score of 0.5. 4. None of the dominant canopy tree species have average DBHs of 8 inches or more indicates a score of O. c. For hammocks located from Windley Key south (inclusive): 1. The three dominant canopy tree species have average diameters at breast height (DBHs) of 6 inches or more indicates a score of 1.5. 2. Two of the three dominant canopy tree species have average DBHs of 6 inches or more indicates a score of 1.0. 3. One ofthe three dominant canopy tree species has an average DBH of6 inches or more indicates a score ofO.5. 4. None of the dominant canopy tree species have average DBHs of 6 inches or more indicates a score of O. (2) Soil depth: a. Rationale: Hammocks with greater soil humus depth are generally older and more mature. They've had no disturbance or a length oftime has passed since the last disturbance. They generally present a greater diversity and integrity of microhabitats for wildlife and plants including soil organisms and stable soil chemistry. b. An average soil depth of 4 inches or more indicates a score of 2.0. c. An average soil depth of 2 inches or more but less than 4 inches indicates a score of 1.0. d. An average soil depth of less than 2 inches indicates a score of O. (3) Woody plant species diversity: a. Rationale: Hammocks with higher diversity are ecologically and culturally significant in that they are a natural seed source for plant species dispersal and may represent more mature forests. These hammocks represent a storehouse of biological diversity and essentially define hardwood forest character in the Florida Keys. 5 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 soee Ordinance Exhibit 1 (LDR revisions) b. For hammocks located from Plantation Key north (inclusive): 1. 37 or more native woody species present indicates a score of 6.0. 2. 32-36 native woody species present indicates a score of 5.0. 3. 27-31 native woody species present indicates a score of 4.0. 4. 22-26 native woody species present indicates a score of 3.0. 5. 17-21 native woody species present indicates a score of 2.0. 6. 12-16 native woody species present indicates a score of 1.0. 7. Less than 12 native woody species present indicates a score of O. c. For hammocks located from Windley Key south (inclusive): 1. 34 or more native woody species present indicates a score of 6.0. 2. 29-33 native woody species present indicates a score of 5.0. 3. 24-28 native woody species present indicates a score of 4.0. 4. 19-23 native woody species present indicates a score of 3.0. 5. 14-18 native woody species present indicates a score of 2.0. 6. 9-13 native woody species present indicates a score of 1.0. 7. Less than 9 native woody species present indicates a score ofO. (4) Threatened, endangered, commercially exploited and regionally important plants: a. Rationale: A hammock that provides habitat and conditions for rare and listed plants to flourish has a relatively significant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in terms of microclimate and niche availability for these plants. b. For hammocks located from Plantation Key north (inclusive): 1. 12 or more listed species present indicates a score of3.0. 2. 7-11 listed species present indicates a score of2.0. 3. 1-6 listed species present indicates a score of 1.0. 4. No listed species present indicates a score of O. c. For hammocks located from Windley Key south (inclusive): 6 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 soee Ordinance Exhibit 1 (LDR revisions) 1. 10 or more listed species present indicates a score of3.0. 2. 5-9 listed species present indicates a score of2.0. 3. 1-4 listed species present indicates a score of 1.0. 4. No listed species present indicates a score ofO. (5) Invasive exotic plant infestations: a. Rationale: The more susceptible (less resistant) a hammock is to exotic invasion, the more likely it is that the habitat is of lower complexity or integrity or that it is not sufficiently insulated from such effects. b. Total invasive exotic infestation of 5% or less indicates a score of4.0. c. Total invasive exotic infestation is more than 5% but infestation by combined Category 1 invasives is at 5% or less indicates a score of3.5. d. Six percent (6%) to 10% infestation by Category 1 invasives indicates a score of3.0. e. Eleven percent (11 %) to 20% infestation by Category 1 invasives indicates a score of2.0. f. Twenty-one percent (21 %) to 30% infestation by Category 1 invasives indicates a score of 1.0. g. More than 30% infestation by Category 1 invasives indicates a score ofO. (6) Threatened and endangered animal species: a. Rationale: Hammock that provides habitat for listed animal species is presumed to provide important and intact wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extremely important for provision of recovery areas and temporary refuge. b. The hammock is a known or probable habitat for listed animal species indicates a score of 3.0. c. The hammock is a potential habitat for listed animal species indicates a score of2.0. d. The hammock has no mapped or documented status for listed animal species indicates a score of O. (7) Forest size: a. Rationale: Larger forests are less subject to disturbance due to an insulating effect. They are also more likely to contain a higher structural, microhabitat, and species diversity due to the heterogeneous nature of tropical hammock plant distribution. Larger forests are also more attractive habitat for birds and other 7 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 soee Ordinance Exhibit 1 (LDR revisions) wildlife as indicated primarily by the keynote species studies done for various birds. b. The contiguous hammock is 10 or more acres in size indicates a score of5,O. c. The contiguous hammock is at least 7 but less than 10 acres in size indicates a score of 4.0. d. The contiguous hammock is at least 4 but less than 7 acres in size indicates a score of 3.0. e. The contiguous hammock is at least 1 but less than 4 acres in size indicates a score of2.0. f. The contiguous hammock is at least 0.375 acres but less than 1 acre in size indicates a score of 1.0. g. The contiguous hammock is less than 0.375 acres in size indicates a score of O. (8) Perimeter disturbance: a. Rationale: The level of fragmentation of a hammock, measured as the amount of perimeter disturbance related to size, has been shown to lower the resistance of hammocks to direct and secondary effects of the disturbance, especially where development exists. These disturbances include exotic invasion sources, exotic predators, human intrusion, and others. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability of the hammock to withstand it. b. An edge to area ratio of 0.005 or less indicates a score of3.0. c. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of2.0. d. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of 1.0. e. An edge to area ratio of 0.02 or more indicates a score ofO. (9) Wildlife habitat: a. Rationale: A primary hammock function in the Keys is availability of food sources for resident and migratory birds and other animals. In fact, the development of our highly diverse tropical Caribbean hammocks is owed in large part to transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is relatively easy to determine. It is measured by the quality and amount of fruit produced by the hammock. The better the fruit production of the hammock, the more likely it is that birds and other animals on which hammock distribution and seed dispersal depend will utilize the resource. 8 HEI in LDR format; December 9,1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 soee Ordinance Exhibit 1 (LOR revisions) These areas are also considered important for maintenance of resident and migratory bird populations. b. 15 or more species of Category 1 fruit producers indicates a score of3.0. c. 12 or more species of Category 1 fruit producers, or, 22 or more species of combined Categories 1 and 2 fruit producers indicates a score of2.5. d. 10 or more species of Category 1 fruit producers, or, 18 or more species of combined Categories 1 and 2 fruit producers indicates a score of2.0. e. 20 or more species of any Category fruit producers indicates a score of 1.5. f. 15-19 species of any Category fruit producers (at least one species must be in Category 1 or 2) indicates a score of 1.0. g. Less than 15 of any Category fruit producers, or, all fruit producers are in Category 3 indicates a score of o. (10) Community connectivity: a. Rationale: Nearly as important as size is the landscape position of the hammock within the local island and overall Keys island ecosystem. Isolation from other useable habitats caused by intervening development has short term effects on behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affecting species populations. b. Award only one of the following scores (if applicable): 1. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of at least 12.5 acres in size but less than 30 acres in size indicates a score ofO.5. 2. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of 30 acres or more in size indicates a score of1.0. c. Award only one of the following scores (if applicable) and add it to the score from subsection b above (if awarded) to obtain the total score for this criterion: 1. The hammock is contiguous with or within 300 feet of at least 10 acres but less than 50 acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, 9 HEI in LDR format; December 9, 1998 soee Ordinance Exhibit 1 (LOR revisions) 1 freshwater ponds, salt ponds, mangroves and/or 2 enclosed/semi-enclosed embayments indicates a score of 3 0.5. 4 2. The hammock is contiguous with or within 300 feet of 5 50 or more acres of contiguous undisturbed habitat of any 6 class or combination of classes including salt marsh, 7 buttonwood wetlands, hammock, beach berm, coastal rock 8 barrens, freshwater wetlands, freshwater ponds, salt ponds, 9 mangroves, and/or enclosed semi-enclosed embayments 10 indicates a score of 1.0. 11 12 (c) The quality of the hammock shall be determined on the basis of the 13 cumulative scores indicated under subsection (b) as follows: 14 (1) A cumulative score of ~ 27 or higher shall indicate a high quality 15 high hammock; 16 (2) A cumulative score of gr~at~ thaa. 12 16 or more but less than ~ 27 17 shall indicate a moderate quality high hammock; and 18 (3) A cumulative score ofless than U 16 shall indicate a low quality high 19 hammock. 20 21 9.5-340. Habitat analysis for low hammocks. 22 (a) TO BE DELETED IN ITS ENTIRETY 23 (b) TO BE REPLACED IN ITS ENTIRETY WITH THE FOLLOWING TEXT: 24 If the habitat type is low hammock, the applicant shall provide the following 25 required information: 26 (1) Woody plant species diversity: 27 a. Rationale: Hammocks with higher diversity are ecologically 28 and culturally significant in that they are a natural seed source for 29 plant species dispersal and may represent more mature forests. 30 These hammocks represent a storehouse of biological diversity and 31 essentially define hardwood forest character in the Florida Keys. 32 b. 23 or more native woody species present indicates a score of 33 6.0. 34 c. 20-22 native woody species present indicates a score of 5.0. 35 d. 17-19 native woody species present indicates a score of 4.0. 36 e. 14-16 native woody species present indicates a score of 3.0. 37 f. 11-13 native woody species present indicates a score of2.0. 38 g. 8-10 native woody species present indicates a score of 1.0. 39 h. Less than 8 native woody species present indicates a score ofO. 40 41 (2) Threatened, endangered, commercially exploited and regionally 42 important plants: 43 a. Rationale: Hammocks that provide habitat and conditions for 44 rare and listed plants to flourish have a relatively significant 10 HE! in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 soee Ordinance Exhibit 1 (LOR revisions) ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in terms of microclimate and niche availability for these plants. b. 6 or more listed species present indicates a score 3.0. c. 3-5 listed species present indicates a score of 2.0, d. 1-2 listed species present indicates a score of 1.0. e. No listed species present indicates a score of O. (3) Invasive exotic plant infestations: a. Rationale: The more susceptible (less resistant) a hammock is to exotic invasion, the more likely it is that the habitat is of lower complexity or integrity or that it is not sufficiently insulated from such effects. b. Total invasive exotic infestation of 5% or less indicates a score of4.0. c. Total invasive exotic infestation is more than 5% but infestation by combined Category 1 invasives is at 5% or less indicates a score of3.5. d. Six percent (6%) to 10% infestation by Category 1 invasives indicates a score of3.0. e. Eleven percent (11 %) to 20% infestation by Category 1 invasives indicates a score of2.0. f. Twenty-one percent (21 %) to 30% infestation by Category 1 invasives indicates a score of 1.0. g. More than 30% infestation by Category 1 invasives indicates a score of O. (4) Threatened and endangered animal species: a. Rationale: Hammock that provides habitat for listed animal species is presumed to provide important and intact wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extremely important for provision of recovery areas and temporary refuge. b. The hammock is a known or probable habitat for listed animal species indicates a score of3.0. c. The hammock is a potential habitat for listed animal species indicates a score of2.0. d. The hammock has no mapped or documented status for listed animal species indicates a score of O. (5) Forest size: a. Rationale: Larger forests are less subject to disturbance due to an insulating effect. They are also more likely to contain a higher structural, microhabitat, and species diversity due to the 11 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 soee Ordinance Exhibit 1 (LOR revisions) heterogeneous nature of tropical hammock plant distribution here. Larger forests are also more attractive habitat for birds and other wildlife as indicated primarily by the keynote species studies done for various birds. b. The contiguous hammock is 10 or more acres in size indicates a score of5.0. c. The contiguous hammock is at least 7 but less than 10 acres in size indicates a score of 4.0. d. The contiguous hammock is at least 4 but less than 7 acres in size indicates a score of3.0. e. The contiguous hammock is at least 1 but less than 4 acres in size indicates a score of 2.0. f. The contiguous hammock is at least 0.375 acres but less than 1 acre in size indicates a score of 1.0. g. The contiguous hammock is less than 0.375 acres in size indicates a score of O. (6) Perimeter disturbance: a. Rationale: The level of fragmentation of a hammock, measured as the amount of perimeter disturbance related to its size, has been shown to lower the resistance of hammocks to direct and secondary effects of the disturbance, especially where development exists. These disturbances include exotic invasion sources, exotic predators, human intrusion, and others. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability of the hammock to withstand it. b. An edge to area ratio of 0.005 or less indicates a score of3.0. c. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of 2.0. d. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of 1.0. e. An edge to area ratio of 0.02 or more indicates a score ofO. (7) Wildlife habitat: a. Rationale: A primary hammock function in the Keys is availability of food sources for resident and migratory birds and other animals. In fact, the development of our highly diverse tropical Caribbean hammocks is owed in large part to transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is a relatively easy to determine. It is measured by the quality and amount of fruit produced by the hammock. The better the fruit production of the hammock, the more likely it is that birds and other animals on which hammock distribution and seed dispersal depend will utilize the resource. 12 HEI in LDR format; December 9, 1998 soee Ordinance Exhibit 1 (LDR revisions) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 These areas are also considered important for maintenance of resident and migratory bird populations. b. 10 or more species of Category 1 fruit producers indicates a score of 3.0. c. 8 or more species of Category 1 fruit producers, or, 15 or more species of combined Categories 1 and 2 fruit producers indicates a score of2.5. d. 5 or more species of Category 1 fruit producers, or, 12 or more species of combined Categories 1 and 2 fruit producers indicates a score of2.0. e. 15 or more species of any Category fruit producers (at least one species must be in Category 1 or 2) indicates a score of 1.5. f. 10-14 species of any Category fruit producers (at least one species must be in Category 1 or 2) indicates a score of 1.0. g. Less than 10 of any Category fruit producers, or all fruit producers are in Category 3 indicates a score of O. (8) Community connectivity: a. Rationale: Nearly as important as size is the landscape position of the hammock within the local island and overall Keys island ecosystem. Isolation from other useab1e habitats caused by intervening development has short term effects on behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affecting species populations. b. Award only one ofthe following scores (if applicable): 1. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of at least 12.5 acres in size but less than 30 acres in size indicates a score of 0.5. 2. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of 30 acres or more in size indicates a score of1.0. c. Award only one of the following scores (if applicable) and add it to the score from subsection b above (if awarded) to obtain the total score for this criterion: 1. The hammock is contiguous with or within 300 feet of at least 10 acres but less than 50 acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, 13 HEI in LDR format; December 9, 1998 soee Ordinance Exhibit 1 (LOR revisions) 1 freshwater ponds, salt ponds, mangroves and/or 2 enclosed/semi-enclosed embayments indicates a score of 3 0.5. 4 2. The hammock is contiguous with or within 300 feet of 5 50 or more acres of contiguous undisturbed habitat of any 6 class or combination of classes including salt marsh, 7 buttonwood wetlands, hammock, beach berm, coastal rock 8 barrens, freshwater wetlands, freshwater ponds, salt ponds, 9 mangroves, and/or enclosed semi-enclsoed embayments 10 indicates a score of 1.0. 11 12 (c) The quality of the hammock shall be determined on the basis of the 13 cumulative scores indicated under subsection (b) as follows: 14 (1) A cumulative score of ~ 24 or higher shall indicate a high quality low 15 hammock; 16 (2) A cumulative score of gn:at~r tR:i.R 11 15 or higher but less than 2.J. 24 1 7 shall indicate a moderate quality low hammock; and 18 (3) A cumulative score ofless than ~ 15 shall indicate a low quality low 19 hammock. 20 21 9.5-341. Habitat analysis for palm hammocks. 22 TO BE DELETED IN ITS ENTIRETY. 23 24 9.5-342. Habitat analysis for pinelands. 25 (a) TO BE DELETED IN ITS ENTIRETY 26 (b) TO BE REPLACED IN ITS ENTIRETY WITH THE FOLLOWING TEXT: 27 The quality of pine lands shall be analyzed on the basis ofthe following indices 28 and scores: 29 (1) Pineland size: 30 a. Rationale: Larger forests are less subject to disturbance due to 31 an insulating effect. They are also more likely to contain a higher 32 structural, microhabitat, and species diversity due to the 33 heterogeneous nature of pine1and herbaceous plant distribution. 34 Larger forests are also more amenable to culling of hardwoods and 35 deadwood through bum management. 36 b. The contiguous pine1and is 10 or more acres in size indicates a 37 score of3.0. 38 c. The contiguous pine1and is at least 3 but less than 10 acres in 39 size indicates a score of2.0. 40 d. The contiguous pinel and is at least 1 but less than 3 acres in size 41 indicates a score of 1.0. 42 e. The contiguous pine1and is less than 1 acre in size indicates a 43 score ofO. 44 14 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 soee Ordinance Exhibit 1 (LDR revisions) (2) Perimeter disturbance: a. Rationale: The level of fragmentation of a pineland, measured as the amount of perimeter disturbance related to its size, has been shown to lower the resistance of pinelands to direct and secondary effects of the disturbance, especially where development exists. These disturbances include exotic and hardwood invasion sources, exotic predators, human intrusion, and others. The integrity of the pineland habitat can be lowered by the extent and nature of perimeter disturbance versus the ability of the pineland plant and animal community to withstand it. b. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of 2.0. c. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of 1.0. d. An edge to area ratio of 0.02 or more indicates a score ofO. (3) Invasive Exotic Plant Infestation: a. Rationale: The more susceptible (less resistant) a pineland is to exotic invasion, the more likely it is that the habitat is of lower complexity or integrity or that it is not sufficiently insulated from such effects. b. Total invasive exotic infestation of 5% or less indicates a score of4.0. c. Total invasive exotic infestation is more than 5% but infestation by combined Category 1 invasives is at 5% or less indicates a score of3.5. d. Six percent (6%) to 10% infestation of Category 1 invasives indicates a score of 3.0. e. Eleven percent (11 %) to 20% infestation of Category 1 invasives indicates a score of2.0. f. Twenty-one percent (21 %) to 30% infestation of Category 1 invasives indicates a score of 1.0. g. More than 30% infestation of Category 1 invasives indicates a score ofO. (4) Topographic disturbance: a. Rationale: Significant topographic disturbance, especially by placement of limerock fill, is highly disruptive to the delicate pineland habitat and conditions need for rare herbs and other plants to flourish. The microhabitats, prevalence of caprock, solution holes and pockets of fine soils and algal mats form a balanced 15 HEI in LDR format; December 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 soee Ordinance Exhibit 1 (LDR revisions) ground-level ecosystem that is essentially destroyed by permanent topographic alteration. b. Topographic alteration of 10% or less indicates a score of 3.0. c. Topographic alteration of 11 % or more but less than 20% indicates a score of 2.0. d. Topographic alteration of20% or more but less than 30% indicates a score of 1.0. e. Topographic alteration of 30% or more indicates a score of O. (5) Threatened, endangered, commercially exploited and regionally important plants: a. Rationale: A pinel and that provides habitat and conditions for rare and listed plants to flourish has a highly significant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in terms of microclimate and niche availability for these plants and also indicates a pineland with a healthy herbaceous component. b. 20 or more listed species present indicates a score of 6.0. c. 15-19 listed species present indicates a score of 5.0. d. 11-14 listed species present indicates a score of 4.0. e. 6-10 listed species present indicates a score of 2.0. f. 1-5 listed species present indicates a score of 1.0. g. No listed species present indicates a score of O. (6) Hardwood and herbaceous plant biomass: a. Rationale: Invasion by hardwoods and increases in hardwood plant biomass cause pinelands to progress towards a hardwood community crowding and shading out the herbaceous component and eventually changing the landscape significantly. The more advanced this successional process the lower the quality of the pineland and the more difficult it is to arrest or reverse (both by natural means and human management means). b. A hardwood coverage of25% or less indicates a score of3.0. c. Hardwood coverage of 26% - 33% indicates a score of 2.0. d. Hardwood coverage of 34% - 50% indicates a score of 1.0. e. Hardwood coverage of over 50% indicates a score of O. (c) The quality of the pineland shall be determined on the basis of the cumulative score as follows: (1) A cumulative score of 16 ~ or higher shall indicate a high quality pineland; and (2) A cumulative score of less than 16 shall indicate a low quality pineland. 16 HEI in LDR format; December 9, 1998 mannp 1... J101bagt BRANO! OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33OSO TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 January 11, 1999 CERTDU!D MAIL RETURN RECEIPr REQUESTFD Mrs. Liz Cloud Florida Department of State Bureau of Admini$trative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please rmd a certified copy of Ordinance No. 040-1998, amending the Monroe County Land Development Regulations, Sections 9.5-336 through 9.5-342, regarding the Habitat Evaluation Index (HEI); providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in fonnal session, on December 9,1998. Please me for record. .,,'ift!ti: . \'.':-),~~;-::..L~;_- ~',;...,~~.......,..:._.........,.<_, Mrs. Liz Cloud January 11, 1999 Page 2 Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen ~~~~*;~~ pu Cler Enclosure cc: Mayor Wilhebnina Harvey Mayor Pro Tem Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams County Attorney County Adminiqrator Growth Management Director File iy-:;n.... Z 396 367 707 ~ Receipt for - Certified Mail _ No Insurance Coverage Provided UflITED STATES Do not use for I nternational Mail POSTACSUYICE (See Reverse) ~ Sent to 0) FL. DEPT. OF .r:. Strefll Anp No ~ qUi SO. MONROE ST. ~ PO State and ZIP Code TALLAHASSEE,FL.32399-025 o g Postage ('I) E o U- rn (L Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered ~ SEND 'a - Complete items 1 and/or 2 for additional services. .. - Complete items 3, 4a, and 4b. . . GI - Print your name and address on the reverse of this form so that we can retum this l! card to you. !! -Attach this form to the front of 1!!e. mailpiece, or on the back if space does not ! permit. II -Write .Retum Receipt Requested. on the mailpiece below the article number. 5 -The Retum Receipt will show to whom the article was delivered and the date c delivered. o 'a I ii E o u 3. Article Addressed to: NRS. LIZ CLOUD FLORIDA DEPT. OF STATE BUREAU OF ADMIN. CODE AND LAWS THE ELLIOT BUILDING 401 SO. MONROE ST. TALLAHASSEE, FL. 32399-0250 CORD. 040-1998) 5. Received By: (Print Name) 4b. Service Type o Registered t( Certified o Express Mail 0 Insured Return Receipt for Merchandise 0 COD 7. Date of Delivery J A N 1 4 1999 I also wish to receive the following services (for an extra fee): ~ 1. D. Addressee's Address .~ 2. 0 Restricted Delivery r'A Consult postmaster for fee. 1i 4a. Article Number I Z 396 367 707 ~ c ... :J G ~ D) c "ij :J ... o - 8. Addressee's Address (Only if requested and fee is paid) :J o >- ~ C III .c ... ~ 6. s~~ure: (Ad .!! PS Fonn 3811, December 1994 omestic Return eceipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office 0' the Secretary . Division of Administrative Services Div'/sion of Corpomtions , Division of Cultural Affairs Divisio~ of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FWRIDA DEPARfMENT OF STATE Katherine Harris Secretary of State DMSION OF ELECTIONS HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLING MUSEUM OF ART January 13, 1999 Honorable Danny L. Kolhage Clerk to Board of Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated January 11, 1999 and certified copy of Monroe County Ordinance No. 40-1998, which was filed in this office on January 13, 1999. Si~~ Liz Cloud, Chief Bureau of Administrative Code LC/mw 3: C} o )> Xz :::0. ("') -.,.,. Or"'" rrI :x-, o. r- oo' c:i)::A z. a -lnr :<-t:I: .J> "Tl C) ~ m \D \D Co- ",. Z N o -0 :J: 1:9 &'" ~ ." - r- rn o ." o :::0 :::0 f'T1 ("") o :::0 o BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl,us County of Monroe Growth Management Division 2798 Overseas Highway Suite 400 Marathon. Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2854 Board of Co un tv Commissioners Mayor Wilhelmina Harvey, Dist. I Mayor Pro Tern Shirley Freeman. Dist. J Commissioner George Neugent. Dist. 2 Commissioner Mary Kay Reich. Oist. 5 Commissioner Nora Williams. Dist. ~ January 12, 1999 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Carol Forthman, Director Division of Resource Planning and Management Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 RE: Ordinance No. 040-1998 Habitat Evaluation Index (9.5-336 through 9.5-342, M.C.C.) Dear Ms. Forthman: At the December 9, 1998 Board of County Commissioners' meeting, the Monroe County Board of County Commissioners adopted the above referenced ordinance. Pursuant to F.S. 380,0552(9), it is being transmitted to you for review by the Department of Community Affairs. Thank you for your assistance. If you have any questions, please do not hesitate to call. TJM/ir Enclosure cc: James L. Roberts, County Administrator (w/o enclosure) James T. Hendrick, County Attomey,(w/o enclosure) , Timothy J. McGarry, AICP, Director of Planning Ross Alliston, Director of Environmental Resources KilJY0gren, Comprehensive Plan Manager ~I1e DeSantis, Deputy Clerk (w/o enclosure) 1-hrjf r Michael McDaniel, Growth Management Administrator, DCA Ken Metcalf, Community Program Administrator, DCA Mike Des Parte, Florida Keys Field Office, DCA FYI .~.K~ '. Growth Manaszement Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Wilhelmina Harvey, Dist. 1 Mayor Pro Tem Shirley Freeman, Dist. 3 Commissioner George Neugent, Dist. 2 Commissioner Nora Williams, Dist, 4 Commissioner Mary Kay Reich, Dist. 5 March 23, 1999 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Municipal Code Corporation Supplement Department 1700 Capitol Circle, SW Tallahassee,FL 32310 ATTN: Ms, Evelyn Jefferson RE: Monroe County Ordinance No. 040-1998 Habitat Evaluation Index (HEI) Dear Ms, Jefferson: Enclosed is a copy of Monroe County Ordinance 040-1998 with amended Land Development Regulations, Sections 9,5-336 through 9.5-342, regarding the Habitat Evaluation Index (HEI). This ordinance was adopted by the Monroe County Board of County Commissioners on December 9, 1998 and was transmitted to the Department of Community Affairs for review on January 12, 1999. We received confirmation from DCA today that Final Order DCA99-0R-029, dated January 27, 1999, approved the ordinance and that it became effective on February 26, 1999, I am forwarding this ordinance and its corresponding Land Development Regulations to you for incorporation into the Monroe County Code, If you have any questions, please call me at (305) 289-2517, Thank you for your assistance, Sincerely, ~..,J. ra,'l- Isabel T. Reid, Senior Administrative Assistant Growth Management Division Enclosure 1 I " cc: Board of County Commissioners Danny L. Kolhage, Clerk James L. Roberts, County Administrator James T. Hendrick, County Attorney Timothy J. McGarry, Acting Director of Growth Management Garth C. Coller, Land Use Attorney Ross Alliston, Director of Environmental Resources Timothy J. McGarry, Director of Planning Kim Ogren, Sr. Administrator, Comprehensive Plan Linda Fatora, Graphics Coordinator "UNmPAL CODE CORPD~ATIDM. G~sto_er Servic! PO Bo~ n3~ Tallahassee, Fl 3231&-2235 Suopll?lll?nt && 03/31 !I9~~. .. . .. We h~ve received the folloving _atertal. Th_nk you for your assistance and cooperation. Ordinance Nos. 012-1999, 013-1999 and 040-1998. 1-800-2&2-2&33 INational) LBJ Let uS put your _inutes on cOlputer for you... We can index, iaage and convert to databasl. E-Iail your ordinances to ordstlail.lunicode.co. Search other codes on our hOlepage at lunicode.com Need additional copies of your zoning or charter? We can print copies of Iny section of the Code. Call cur Custaler Servicl Depart.ent for costs. TO: "so Ruth Ann Jantzen Deputy Cl'erk "onroe County 500 Whitehead Street Key West, Fl 3!O40 --.._-----~---_... ~ --~---_._-----_.. -.~.- --....- -.~I......-_-- -- _. --------.. ---- 2 ,