Ordinance 001-20152
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ORDINANCEI- 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN, CREATING POLICY 202.8.6 TO ALLOW
THE IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY
PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH
INCLUDE THE REMOVAL OF ORGANIC MATERIAL OF
PREVIOUSLY DREDGED ARTIFICIAL CANALS CHARACTERIZED
AS HAVING POOR OR FAIR WATER QUALITY WITHIN THE 2013
MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO
DEPTHS GREATER THAN MINUS SIX ( -6) FEET MEAN LOW WATER;
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 INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, water quality issues involving manmade canals have been evaluated by the U.S.
Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine Sanctuary
( FKNMS 2007), and the Florida Department of Environmental Protection (FDEP 2008); and
WHEREAS, the Monroe County Canal Management Master Plan (CMMP) was completed on
September 20, 2013; and
WHEREAS, the Canal Subcommittee of the FKNMS Water Quality Steering Committee
initiated work on Phase 1 of the CMMP to: 1) develop a basic conceptual framework for canal
restoration and management that is comparable to the frameworks used in the County's existing
wastewater and stormwater master plans, and 2) identify a short-list of high - priority canal restoration
projects which can be implemented by the County and other WQPP participants over the next
several years; and
WHEREAS, canals with poor water quality have the potential to cause significant harm to near
shore marine waters upon which the community depends; and
WHEREAS, within the CMMP, approximately five hundred canals were examined and ranked;
171 canals received a Good water quality classification, 180 received a Fair classification, and 131
received a Poor classification; and
Ord. No. 001 -2015
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IF
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WHEREAS, since the canals discharge directly into near shore Outstanding Florida Waters in
the FKNMS, where DEP adopted a "zero- degradation" policy for marine waters, addressing on-
going canal water quality impairment is of utmost importance; and
WHEREAS, at a regularly scheduled meeting held on the 26` day of August, 2014, the Monroe
County Development Review Committee considered the proposed amendment; and
WHEREAS, at a regularly scheduled meeting held on the 27 day of August, 2014, the Monroe
County Planning Commission held a public hearing for the purpose of considering the proposed
amendment and recommended approval to the Board of County Commissioners; and
WHEREAS, at a regularly scheduled meeting held on the 17 day of September, the Monroe
County Board of County Commissioners held a public hearing, considered the staff report, and
provided for public comment and public participation in accordance with the requirements of state
law and the procedures adopted for public participation in the planning process, and recommended
revisions to the proposed amendment and voted to transmit the comprehensive plan text
amendment to the State Land Planning Agency and Reviewing Agencies as defined in Section
163.3184(1)(c), Florida Statutes for review and comment; and
WHEREAS, at a regularly scheduled meeting held on the 17 day of October, the Monroe
County Board of County Commissioners - held. a public ;hearing, considered the staff report,
additional information clarification from staff and ` provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
public participation in the planning process, and
WHEREAS, at a regularly scheduled meeting held on the 17 day of October, the Monroe
County Board of County Commissioners repealed. Resolution Number 210a - 2014 and considered
a clarified proposed amendment regarding canal restoration and voted to transmit the
comprehensive plan text amendment to the State Land Planning Agency and Reviewing Agencies
as defined in Section 163.3184(1)(c), Florida Statutes for review and comment; and
WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of the
Monroe County Code; and
WHEREAS, on December 12, 2014, the State Land Planning Agency issued its Objections,
Recommendations, and Comments (ORC) report. The ORC report includes one objection that the
policy does not establish criteria for using a method other than hydraulic dredging and a
recommendation to address the objection by revising the "policy criteria to clarify that the purpose
of the public hearing is to provide a decision point for the BOCC and inform the public regarding
rationale as to the reasons that the preferred mechanism (hydraulic dredging) will not be utilized,"
and
WHEREAS, as a response to the ORC Report, Monroe County has revised the proposed
policy to clarify the purpose of the public hearing.
Ord. No. QOL -2015
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Monroe County 2010 Comprehensive Plan is amended as follows:
Objective 202.8
Monroe County shall maintain Land Development Regulations which implement county
policies preventing the continued loss of benthic resources, improving water quality and
controlling pollutant discharges into surface waters from dredge and fill activities.
Policy 202.8.1
Monroe County shall support state and federal policies and regulations concerning the
permitting of dredge and fill activity, except in those instances where more stringent
regulations adopted by Monroe County shall be maintained.
Policy 202.8.2
No new dredging shall be permitted in Monroe County.
Policy 202.8.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation
channels.
Policy 202.8.4
In order to facilitate establishment and prevent degradation of bottom vegetation, maintenance
dredging in artificial waterways shall not exceed depths greater than minus six ( -6) feet mean
low water. This policy does not apply to the entrance channels into Key West Harbor and Safe
Harbor.
Policy 202.8.5
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland
sites where drainage can be contained on -site.
Policy 202.8.6
Due to the physical structure, depth, and orientation of existing canals, water quality problems
have been caused which cannot be improved with wastewater treatment and stormwater
management practices alone. To implement the 2013 Monroe County Canal Management
Master Plan and improve water quality in artificial canals, the County is developing canal
restoration projects to improve tidal flushing, increase dissolved oxygen concentrations as
identified in the surface water quality criteria in Ch. 62- 302.530, F.A.C., and remove
accumulated nutrients and decomposing organic material.
Canal restoration projects, developed to determine the effectiveness of water quality strategies
of the Florida Keys National Marine Sanctuary Water Quality Protection Program, which are
performed or funded by public entities (County, State, or Federal) for organic material removal
and backfilled to a depth of 6ft - 8ft, or an alternative depth as determined by best available
scientific data and authorized by the state and federal permitting agencies, from artificial canals
Ord. No. DAL -2015
Page 3 of 5
I characterized as having poor or fair water quality within the 2013 Monroe County Canal
2 Management Master Plan are exempt from the provisions in Policy 202.8.4.
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4 Two (2) demonstration pilot canal restoration projects will remove decomposing organic
5 material from previously dredged artificial canals (down to the bedrock) without backfilling.
6 To evaluate the effectiveness of this removal strategy, without any backfilling, and to
7 determine if water quality can be restored and maintained, water quality monitoring of these
8 two (2) organic removal pilot projects shall be conducted at a two (2) year point of time and a
9 ten (10) year point of time after completion of the pilot projects. After the two (2) year and ten
10 (10) year monitoring, the County shall request a water quality report from the Water Quality
11 Protection Program (WQPP) to determine the pilot projects' effectiveness in improving
12 dissolved oxygen concentrations, as identified in the surface water quality criteria in Ch. 62-
13 302.530, F.A.C., in the two (2) organic removal pilot projects canals. If the WQPP does not
14 provide the water quality report, the County shall fund and conduct the water quality report. If
15 the water quality report for the two (2) year monitoring indicates improved water quality,
16 additional canal restoration projects, beyond the two (2) pilot projects, to perform organic
17 material removal to depths greater than minus six ( -6) feet mean low water without backfilling
18 to 6ft -8ft may proceed.
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20 Upon determination of the two (2) pilot projects' effectiveness and an amendment to this
21 Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public
22 entities (County, State, or Federal) for organic material removal of previously dredged artificial
23 canals characterized as having poor or fair water quality within the 2013 Monroe County Canal
24 Management Master Plan. The organic material removal shall be allowed to depths greater
25 than minus six ( -6) feet mean low water, if permitted by Florida Department of Environmental
26 Protection or the Water Management District and the Army Corp of Engineers.
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28 For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of
29 removal of the organic material. If hydraulic dredging is not proposed to accomplish the
30 organic material removal, a public hearing before the Board of County Commissioners
31 (BOCC) shall be required prior to issuance of a county permit. The BOCC shall hold a public
32 hearing on the request to use an alternative dredging methodology and shall consider the cost,
33 rationale, compatibility, complications and public comments. The public hearing shall provide
34 the applicant the opportunity to address the issues regarding the proposed canal restoration
35 project, including but not limited to, sediment size, logistical /accessibility limitations,
36 obstructions and /or equipment constraints. The BOCC may grant, grant with conditions or
37 deny the request to use an alternative dredging methodology.
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39 Policy 202.8.7
40 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill
41 regulations. All illegal structures and fill shall be removed and damages mitigated.
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Ord. No. CV1 -2015
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22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
23 at a regular meeting held on the al l f t day of vA , 2015.
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37 (SEAL)-
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39 ATTEST: AMY HEAVILIN, CLERK
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43 DEPUTY ftERK
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Mayor Danny L. Kolhage yes
Mayor Pro Tem Heather Carruthers ']
Commissioner George Neugent t,P
Commissioner David Rice f
Commissioner Sylvia Murphy V
BOARD OF COUNTY COMMISSIONERS
OF Moo OE COUNTY, FLORIDA
BY
Mayor D L. Kolhage
MON COUNTY ORNEY
STEVEN T. WILLIAMS
ASSISTANT CO NN ATTO'
Date /
Ord. No. 00 1 -201
Page 5 of 5
Policy 202.8.8
Monroe County shall develop a schedule of monetary penalties that provides for fair and
equitable penalties for all dredge and fill violations. Penalty revenues obtained from these
violations shall be set aside and used specifically for water quality enhancement projects.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Planning and
Environmental Resources Department to the State Land Planning Agency pursuant to Chapter 163
and 380, Florida Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of State of Florida, but shall not become effective until a notice is issued by the State
Land Planning Agency or Administration Commission finding the amendment in compliance, and
if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
FLORIDA DEPARTMENT Ot STATE
RICK SCOTT
Governor
January 26, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 1 -2015, which was filed in this office on January 26,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us