Ordinance 004-20141
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 004 - 2014
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 114 -3, SURFACE WATER
MANAGEMENT CRITERIA; REVISING THE
EXEMPTION THRESHOLD FOR MAINTENANCE AND
REPAIR FOR EXISTING IMPERVIOUS COVERAGE FOR
COMMERCIAL SITES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, resurfacing of existing impervious areas does not change the designed peak
discharge rate, volume or pollution load, or increase impervious coverage of site area of
stormwater runoff from the site; and
WHEREAS, the requirement of a stormwater management plan for resurfacing of
existing impervious area can increase cost at a disproportionate rate in relation to the dollar value
of the improvement; and
WHEREAS, Planning & Environmental Resources Department staff determined that the
regulations within Section 114 -3, Surface Water Management Criteria, are insufficient to provide
limited exemptions for sites maintaining existing impervious area; and
WHEREAS, this text amendment revises the provisions related to the maintenance of
existing impervious area; and
WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
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I WHEREAS, during a regularly scheduled public meeting held on March 26, 2014, the
2 Monroe County Planning Commission reviewed the ordinance and recommended approval to the
3 Board of County Commissioners.
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5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
6 COUNTY COMMISSIONERS:
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8 Section 1. The Monroe County Code shall be amended as follows:
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10 Sec. 114 -3. Surface water management criteria.
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12 (a) Intent. It is the intent of this section to establish guidelines and criteria for the safe
13 management and disposal of stormwater runoff from developed areas that will minimize or
14 eliminate any resultant adverse impacts on the surface water, groundwater, and other
15 natural resources of the county. These procedures are intended to assist in protection of the
16 vital water resources of the Florida Keys, including the reservoir of freshwater on Big Pine
17 Key and the near shore waters of the Gulf of Mexico, Florida Bay and the Atlantic Ocean.
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19 (b) Jurisdiction. The subject area shall be the unincorporated sections of the county.
20 However, because stormwater does not follow political boundaries, municipalities should,
21 adopt and implement stormwater management ordinances reflective of the conditions in
22 their corporate jurisdictions.
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24 (c) Applicability. Single - family and duplex residences are required to observe best
25 management practices (BMP's) as identified in the sections of the county's manual of
26 stormwater management practices clearly labeled as applicable to single - family and
27 duplex residences. In addition, regulation of stormwater management practices for single -
28 family and duplex residences will be limited to the criteria, administrative procedures, and
29 maintenance /retrofitting requirements identified in subsection (e) of this section and
30 other applicable provisions of the land development regulations and comprehensive plan.
31 All applications for a county building permit will be required to contain a stormwater
32 management plan except those identified in subsection (d)
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34 (d) Exemptions.
35 Notwithstanding any other provisions of this Land Development Code, the following activities
36 are exempt, unless otherwise required by State or Federal Law:
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38 (1) Maintenance work on existing mosquito drainage structures for public health and
39 welfare purposes, provided that the activities do not increase peak discharge rate or
40 pollution load;
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42 (2) Routine maintenance of existing impervious area other than single family and duplex
43 residences shall meet one of the following conditions:
44 (i) The maintenance does not increase the existing impervious conditions of the
45 site; or
46 (ii) The proposed maintenance is certified by a licensed engineer demonstrating
47 that the maintenance will not increase the design peak discharge rate, volume
48 pollution load of stormwater runoff, or impervious coverage of the site; or
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(iii)The placement of a new structure does not change the designed peak discharge
rate, volume or pollution load, or increase impervious coverage of site area of
stormwater runoff from the site.
(3) Emergencies requiring immediate action to prevent material harm or danger to persons
when obtaining a permit is impractical and would cause undue hardship in protection of
property from fire, violent storms, hurricanes, or other hazards. A report of the
emergency action shall be made to the county administrator as soon as practicable. All
emergency action shall also be temporary in nature and be reversed or appropriately
remedied after the emergency has passed;
(4) Single - family and duplex residences built on individual lots that are part of an existing
subdivision, provided a stormwater management system approved by the Monroe
County Growth Management Division or South Florida Water Management District is
in place, and is provided as part of the application materials;
(5) Maintenance, repair, or installation of underground or overhead utility facilities, such
as, but not limited to, pipes, conduits and vaults, including replacing the ground surface
with in -kind material or materials with similar runoff characteristics;
(6) Installation of a new or replacement of an existing public drainage system, public
combined sewer, public sanitary sewer, or public water supply system;
(7) Road maintenance limited to the following activities:
(i) Pothole and square cut patching;
(ii) Overlaying existing asphalt or concrete or impervious brick pavement with
asphalt or concrete without expanding the area of coverage;
(iii) Shoulder grading;
(iv) Reshaping or regrading drainage ditches;
(v) Crack sealing; and
(vi) Vegetation maintenance.
(e) Single-family and duplex residences.
(f) General criteria.
(g) Technical criteria.
(h) Stormwater management plans.
(i) Manual and brochure of stormwater management practices.
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4 (j) Administration.
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8 (k) Maintenance and inspection.
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12 (1) Enforcement and penalties.
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16 (m) Appeals.
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20 Section 2. Severability.
21 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
22 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
23 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
24 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
25 involved in the controversy in which such judgment or decree shall be rendered.
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27 Section 3. Conflicting Provisions.
28 In the case of direct conflict between any provision of this ordinance and a portion or provision
29 of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
30 apply.
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32 Section 4. Transmittal.
33 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
34 380.05 (11) and F.S. 380.0552(9).
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36 Section 5. Filing
37 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
38 become effective until a notice of Final Order is issued by the Florida State Land Planning
39 Agency or Administration Commission approving the ordinance and any challenge to the order is
40 resolved.
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42 Section 6. Inclusion in the Monroe County Code
43 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
44 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
45 appropriately renumbered to conform to the uniform marking system of the Code.
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47 Section 7. Effective Date.
48 This ordinance shall become effective as provided by law and stated above.
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1
2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regular meeting held on the 21st day of May , 2014.
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6 Mayor Sylvia Murphy Yes
7 Mayor pro tem Danny L. Kolhage Yes
8 Commissioner Heather Carruthers Yes
9 Commissioner David Rice Yes
10 _ Commissioner George Neugent Yes
1 1?`pUNTY BOARD OF COUNTY COMMISSIONERS
411 -,_ �s �EAVILIN, CLERK
12 - _ -' By -
17 ,;, -;: 4 ty Clerk y urp y
a or via M h
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20 MONROE COUNTY ATTORNEY
21 ILPROVED AS, �O FORM:
22 7.
STEVEN T. WiLLIAMS
23 ASSISTANT�g�TY TTORNEY
24 Date S //
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Page 6 of 6
Final Order No. DEO -14 -123
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 004 -2014
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 004-2014
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 004 -2014 (the "Ordinance ")
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on May 21, 2014, and rendered to
the Department on July 15, 2014.
3. The Ordinance amends the Monroe County Land Development Code, Chapter
114, Article I, Section 114 -3 (Surface Water Management Criteria.) This amendment provides an
exemption to the stormwater management requirements as they relate to maintenance and
resurfacing of existing impervious lots, as well as maintenance work on mosquito drainage
structures, road maintenance, the installation of sewage, drainage, other water supply systems, or
other utility facilities.
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1
Final Order No. DEO -14 -123
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. § 380.05(6) and §
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida
Statutes.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Objective 1001.1, Policy 1001.1.1, and Policy 1001.1.4.
8. The Ordinance is consistent with the Principles for Guiding Development in
section 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the
following Principle:
(a) Strengthening local government capabilities for managing
land use and development so that local government is able to
achieve these objectives without continuing the area of critical
state concern designation.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 004 -2014 is consistent with the Principles for Guiding Development for the
Florida Keys Area of Critical State Concern and is hereby APPROVED
2
Final Order No. DEO -14 -123
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Florida.
00
William B.`Kil gsworth, Director
Division of Co unity Development
Department of conomic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
3
Final Order No. DEO -14 -123
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, 'PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF RECEIPT OF
THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
TELEPHONE: (850) 245 -7160
FAX (850) 921 -3230
Email: James .Bellflower @deo.myflorida.com
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE
AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
0
Final Order No. DEO -14 -123
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the following persons by the methods indicated this day of , 2014.
Agency Clerk
Department of Ec omic pportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By U.S. Mail
Honorable Sylvia Murphy
Mayor, Monroe County, Florida
1100 Simonton St.
Key West, FL 33040
Townsley Schwab, Director
Planning and Environmental Resources
Monroe County, Florida
2798 Overseas Highway
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
E