Ordinance 017-2015ORDINANCE 017 -2015
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 19 OF
THE MONROE COUNTY CODE; PROVIDING FOR
RIGHT -OF -WAY PERMIT FOR LIMITED LANDSCAPING;
PROVIDING FOR NEW AND REVISED DEFINITIONS;
PROVIDING FOR ANY PERMITTED WORK TO BE
MAINTAINED BY THE PERMITTEE; PROVIDING FOR
REVISIONS TO TIME LIMITS; PROVIDING FOR
CLARIFICATION OF RIGHT -OF -WAY PERMIT AND APPEAL
PROCESS; UPDATING PROVISIONS RELATING TO
RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2010 the Monroe County Code ( "Code ") was amended by Ordinance 025 -2010
to prohibit permits to be issued for boulders or landscaping within the County's public right -of -way
(ROW); and
WHEREAS, in 2013 with installation of wastewater lift stations being installed in Monroe
County's public ROW, the County enacted Ordinance 031 -2013 which allowed property/home owners
associations to plant limited landscaping to beautify the area surrounding the wastewater lift stations
when they provide an agreement to maintain the landscaping so the County will not be burdened with
the cost of maintenance; and
WHEREAS, the Board of County Commissioners desires to allow limited landscaping in other
areas of the County's right -of -way in an effort to allow beautification of these areas while maintaining
safety standards and when permittee(s) are responsible for maintenance of improvements; and
WHEREAS, Chapter 19 of the Code needs to be updated and amended to provide new and
revised definitions, fees, and to delete provisions which are no longer appropriate; and
WHEREAS, Chapter 19 of the Code also needs to be updated and amended to provide
clarification on the right -of -way permitting and appeal process;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 19 -31 Definitions shall be amended to read as follows:
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Sec. 19 -31. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Arterial road means a road carrying a higher volume of traffic than a local or collector road, that is used
primarily for traffic traveling a considerable distance and as otherwise defined in F.S. § 334.03(1). An
arterial road is generally continuous and is used as a main traffic artery.
Collector road means a road that carries traffic from local roads to major thoroughfares and includes the
principal entrance roads of a residential subdivision and as otherwise defined in F.S. § 334.03(4).
County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8).
Governmental or subgovernmental agencies means the state and its various agencies and departments,
the United States of America and its various agencies and departments, political subdivisions of the
state, including counties, incorporated municipalities of the state, drainage districts, and such taxing
districts and special agencies and bodies as are created by county ordinances, state statute or by special
act of the legislature, and as otherwise defined in F.S. § 334.03(12).
Florida Green Book means the most recent version of the Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways.
Groundcover means sod or similar low growing herbaceous vegetation.
Limited Landscaping means trees and shrubs which the permittee agrees to maintain, subject to the
limitations as set forth in Section 19 -33.
Local road means a road designed and maintained primarily to provide access to abutting property, and
as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through
traffic.
Permit means the written permission of the board of county commissioners through the office of the
Engineering Services Department and Director of Engineering Services to enter onto the public
rights -of -way within the county road system to perform the construction or installation as specified in
that instrument.
Permittee means any individual, firm, association, syndicate, copartnership, corporation, trust or any
other legal unit commencing proceedings under this article or obtaining a permit as provided herein to
effect construction within the public rights -of -way of the county.
Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph,
radio, cable television, transportation, communication or other system by whomsoever owned and
operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority,
BellSouth/AT &T, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or
their successors, affiliates, subsidiaries or assigns.
Public rights -of -way means land that is dedicated or deeded to (or is now used or will be used by) the
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county as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other
purposes, including those rights -of -way within municipalities that by virtue of bilateral agreements
between the municipality and the county are subject to the jurisdiction and control of the county
engineering department; and those state secondary roads for which maintenance has been assigned to
and accepted by the county. Until such time as the board of county commissioners accepts ownership
and responsibility for the maintenance of a right -of -way, it shall not be considered part of the public
rights -of -way for the purposes of this article except in cases where the title to such right -of -way was
vested in the county prior to June 11, 1963.
Public works manual means the current edition of the "Monroe County Public Works Manual, Parts 1
and 2."
Road means the same as that term is defined in F.S. § 334.03(23).
SECTION 2 : Section 19 -33 Permit required shall be amended to read as follows:
Sec. 19 -33. - Permit required.
(a) County public right -of -way use permits shall be required for all roads and streets to be constructed
or improved in existing rights -of -way; and all roads and streets that are to be dedicated to the
county; all construction or installation or maintenance of any public or private utility as provided
for in section 19 -36; and any structure, driveway, culvert, pavement, or object in the right -of -way
or easement, other than those constructed or maintained by the county, within rights -of -way of the
county road system as defined in F.S. § 334.03. Any work that will be performed within the
roadbed shall only be performed by a general contractor licensed to do work in Monroe County.
Construction or installation within county -owned canals and county -owned waterways will
likewise require a permit from the Monroe County building department. A permit from the Florida
Department of Transportation is required for the construction of accessways to or construction
within the rights -of -way of any part of the state highway system as defined in F.S. § 334.03. A
permit cannot be obtained for placing boulders, irrigation or electrical lighting systems within the
county public right -of -way.
(1) A property/homeowners association, as set forth in Chapter 720, Florida Statutes, may be issued
a permit for limited landscaping around wastewater lift stations and for limited landscaping,
subject to the limitations set forth below, when the association provides a written agreement
recorded in Monroe County Official Records that promises for all maintenance of landscaping to
be the sole responsibility of the association.
(2) A property owner or property /homeowners association may be issued a permit for limited
landscaping, as defined in section 19 -31, subject to the following limitations:
No landscaping is permitted within the clear sight triangle of any road or drive, or within 50 ft. of
an intersection as shown in Detail 6.0 of the Monroe County Public Works Manual;
A minimum 7 -ft. wide clear zone, measured from the edge of asphalt, is to be maintained for off
street parking and kept clear of all plantings (except groundcover) and branches at all times;
Trees and shrubs will be planted and maintained so that they do not impact the paved road surface
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(roots of mature trees) or utilities;
Trees and shrubs will be planted and maintained so that they do not impact access or interfere with
utilities;
Shrubs must be maintained to a height of no greater than 3 -ft., except when permitted for the
express purpose of screening around wastewater lift stations;
Landscaping must conform to the types specified in section 114 -105 and must not bear fruit, nuts
or seeds that may create a hazard by dropping on the right of way;
No trees may be planted under overhead utility lines.
(b) The property owner or property owners/homeowners association is responsible for and shall
indemnify the County from any and all liability, claims, demands or causes of action relating to or
arising from any permitted work. The county reserves the right to require the property owner or
association to remove any permitted work in the county right -of -way.
(c) Failure to maintain the county right -of -way may result in the county requiring the permittee to
remove, or the county removing with its own forces /staff, anything within the right -of -way and/or
prosecuting violations in accordance with Chapter 8 of the Monroe County Codes. Failure to
comply with this section or section 19 -40 will be prosecuted in accordance with Chapter 8.
(d) The County has the right to remove at any time anything within its right -of -way without notice.
SECTION 3 : Section 19 -34 Exemptions shall be amended to add the following:
(3) A right of way permit is not required to place pea rock, sod or similar ground cover on
the county right -of -way. Pea rock must be placed in a thin layer such that it does not
restrict flow of stormwater off of the paved roadway onto the shoulder and it must be
maintained so that it does not impact the roadway. Ground cover must be of a type and
height that it does not prevent off street parking along the right of way.
SECTION 4: Section 19 -35 Permit review by the county engineering director shall be amended to read
as follows:
Sec. 19 -35. - Permit review by the Engineering Services Director.
The board of county commissioners hereby authorizes and empowers the engineering director or his
duly authorized representative to receive and review permit applications, collect fees, and issue permits
in a timely manner allowing the permittee to enter onto the public rights -of -way within the county road
system to perform specified construction or installation. No work may be performed in county
rights -of -way or easements, except as noted in sections 19 -34, 19 -36, and 19 -45 until plans have been
submitted in conformance with section 19 -38 and a county public right -of -way use permit has been
issued by the engineering director. Permit applications under Section 19 -38 of this Article for
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anything specifically prohibited in the rights -of -way shall not be accepted or processed by the
Engineering Services Director.
SECTION 5 : Section 19 -36 Public and private utility; special provisions and general permits shall be
amended to read as follows:
Sec. 19 -36. - Public and private utility; special provisions and general permits.
All public and private utilities, as defined in section 19 -31, are hereby granted a general and continuing
permit to perform maintenance and emergency repairs as may be required to maintain their service,
without the issuance of a formal permit or the payment of a fee, except as provided for in subsection (1)
of this section, and subject, however, to the notice requirements of subsection (3) of this section.
(1) A formal permit will be required of a public or private utility without the payment of a fee
when installation or repair of a service will cause damage to an existing roadway or disrupt a
previously permitted or grandfathered driveway access or other permitted feature in the county
right -of -way.
(2) Any work other than installation of a wooden or concrete pole and overhead wires that a
utility proposes to accomplish in the county right -of -way that will be accomplished within six feet
of an existing roadway or any other previously permitted features within the county right -of -way
shall be brought to the attention of the Engineering Services Director or his designated
representative, for a determination as to the possible effect on the roadway or other permitted
features and whether the issuance of a permit is required.
(3) A permit will not be required when a public or private utility will perform work in the county
right -of -way that will not cause damage to any county -owned or permitted feature within the
right -of -way; provided, however, that the Engineering Services Department is duly noticed in
writing by the public or private utility that such work will be in progress and the anticipated time of
completion.
(4) Request for permits as prescribed by subsection (1) of this section with the exception of an
emergency repair permit (see subsection (5) of this section) will be as prescribed by the application
procedures in section 19 -38. No fee will be required. Insurance and bonding requirements as
outlined in section 19 -39 are waived for a public or private utility; however, a subcontractor for a
public or private utility shall be required to obtain such insurance and bonding, and the public or
private utility shall submit evidence of such insurance and bonding to the Director of Engineering
Services or his representative prior to the commencement of work by a subcontractor.
(5) Emergency repair of a utility as prescribed by subsection (1)b. of this section may be
accomplished immediately and a permit request in a written form outlining the type of work to be
done, and the location may be obtained the next business day from the Director of Engineering
Services or his designated representative.
(6) It is not the intent of this section to restrict a public or private utility in any way from
performing its service to the public as required and regulated by the public service commission or
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the applicable state statutes. Local government entities have statutory authority to issue permits and
prescribe and enforce reasonable rules or regulations pertaining to the use of those right -of -ways
under their jurisdictional control. Public or private utilities granted the right to use the right -of -way
have a duty and the county requires that they restore a public road or public right -of -way to its
original condition at the public or private utility's expense when such facility is damaged in the
course of installing, repairing or maintaining physical plant by that utility.
(7) The physical plant of any public or private utility heretofore or hereafter placed upon, over or
along any public road that is found by the county to be unreasonably interfering in any way with
the convenient, safe, or continuous use or maintenance, improvement, extension or expansion of
such public road shall, upon 30 days' written notice to the public or private utility or its agent by
the board of county commissioners, be removed or relocated by such public or private utility at its
own expense.
(8) Construction standards and specifications as outlined in section 19 -42 shall be incorporated
into all work accomplished for a public or private utility by its own personnel or contracted out to
county or state licensed contractors. A concrete slab is not required when repairing roadways;
however, the utility will assure and certify to the county that the base being installed as a result of
excavation within a right -of -way conforms to county standards and has been compacted to a
density not less than 98 percent of density as determined by the AASHTO Test Method T -180.
SECTION 6 : Section 19 -37 New utility construction in the county right -of -way of Loop Road,
Mainland, Monroe County shall be deleted in its entirety:
Section 19 -37 Reserved.
SECTION 7 : Section 19 -38 Application procedures shall be amended to read as follows:
Sec. 19 -38. - Application procedures.
(a) All applications for county public right -of -way use permits, accompanied by the appropriate fee,
and including two scaled drawings, plans or drawings that include all pertinent dimensions and show
current utilities on sight of the proposed construction or alteration, shall be submitted to the Engineering
Services Director or his designee. Permit applications for anything specifically prohibited in the
rights -of -way shall not be accepted or processed by the engineering director. All construction within
county public rights -of -way shall conform to and meet the technical standards and specifications of the
county as contained in the document entitled, "Public Works Manual: Standard Specification and
Details ", the Florida Greenbook, and/or land development regulations, as applicable. Application for
access to or construction within state road rights -of -way shall be submitted to the Florida Department of
Transportation.
(b) All applications for county public right -of -way use permits submitted by the owner or permittee,
his engineers or legal representative, shall contain the following:
(1) The name, address, including zip code, and telephone number of the owner and permittee, and
his or their engineers;
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(2) The name, address, including zip code, and telephone number of the applicant's authorized
agent for permit application coordination, together with proof of authorization;
(3) A general description of the proposed project, its purpose and intended use, including a
description of the nature and type of construction; composition, etc.; date when the activity is
proposed to commence and approximate date when the proposed activity will be completed,
including legal description, or street address and approximate nearest mile marker and key; and an
explanation or detailing of any additional information reasonably required by the engineering
director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil
percolation test, etc.; and
(4) Two copies of scaled drawings, sketches, plans or drawings with all pertinent dimensions
noted, of the proposed construction or alterations showing project location; location within the
right -of -way; and typical cross sections of topographical and drainage details showing existing
utilities, underdrains, culverts, headwalls, driveways or any other existing structures, if affected by
the activity, together with all proposed structures, modifications and activities when deemed
necessary by the Engineering Services Department. All drainage structures shall be constructed in
accordance with the county public works manual and the Florida Greenbook. The drawings shall be
drawn to scale, or otherwise prepared so as to reasonably depict the activity and shall show a north
arrow for orientation. The application fee must be submitted with the completed application.
SECTION 8 : Section 19 -39 Insurance and bonding shall be amended to read as follows:
Sec. 19 -39. - Insurance and bonding.
Any contractor performing work in a county right -of -way shall hold such licenses and insurance
coverage as is required by Monroe County construction contractor regulations.Any contractor performing
work in a county right -of -way shall hold such insurance coverage as is required by the county risk administrator
and license and insurance coverage shall be provided to the county's engineering department before work is
commenced.
SECTION 8 : Section 19 -40 Permittee responsibilities for damages or impairment to county roads or
rights -of -way during construction, installation, etc. shall be amended to add the following:
(1) Permittee is responsible for damages or impairment to county roads or rights -of -way during
construction, installation, etc.
SECTION 9 : Section 19 -41 Access driveways shall be amended to read as follows:
Sec. 19 -41. - Access driveways.
(a) A request to install a single - family residential driveway access shall be submitted indicating the
street address, lot and block number, a description of the nature of the construction (size) distance from
side lot lines and intersections (if applicable), and the amount of intrusion into the county right -of -way.
No insurance or bonding is required.
(b) Access driveways onto rights -of -way will be a maximum of 24 -feet wide and shall be limited to the
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least possible number required to adequately serve the intended use and shall conform to all applicable
traffic safety standards. Prior to installation within county rights -of -way, the application shall be
reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other
facilities located within rights -of -way or easements. Once a permit is issued, all construction and
improvements shall be subject to inspection by the engineering department.
SECTION 10 : Section 19 -42 Construction standards and specifications shall be amended to read as
follows:
Sec. 19 -42. - Construction standards and specifications.
All construction, repairs and/or restorations within county public rights -of -way and easements shall
conform to the technical standards and specifications as contained in the Florida Greenbook and the
1995 edition of the "Monroe County Public Works Manual," which manual is hereby adopted pursuant
hereto and, by reference, incorporated herein. Revisions to the 1995 "Monroe County Public Works
Manual" may be adopted by the board of county commissioners by resolution.
SECTION 11 : Section 19 -43 Fees shall be amended to read as follows:
Sec. 19 -43. - Fees.
(a) The board of county commissioners hereby establishes reasonable application and permit fees to be
charged by the engineering department for activities permitted hereunder.
(b) The following fee schedule shall be applied to all construction or installation upon or within the
public rights -of -way, except in the following instances:
(1) Where the construction performed is for the benefit of a governmental or subgovernmental
agency and applicable fees are specifically waived on an individual project -by- project basis by the
director of engineering;
(2) Where the permittee is under contract to deliver the constructed project over to a
governmental agency upon completion of the project and the director of engineering has waived
applicable fees for such project consistent with subsection (b)(1) of this section;
(3) Where the right -of -way lies within the corporate boundaries of a municipality and the
municipality charges a permit fee for inspection of the same construction or installation work; or
(4) Where work is performed by a public or private utility as outlined in section 19 -36
(c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in
an amount determined by the engineering director pursuant to the following schedule. In the event a
construction permit is denied, only the application fee shall be payable.
(d) The engineering department shall charge and collect fees for the items at rates listed in the
following schedules:
(1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county public
right -of -way use permit applications. If the permit application is approved, the application fee will
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be applied to the permit fees as detailed under subsection (d)(2) of this section.
(2) Permit fees. Fees for construction, under permit issued by the engineering department, in road
and street rights -of -way and easements in the unincorporated area of the county and in the
rights -of -way, roads and streets located within municipalities that are maintained by the county are
established as follows:
a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
For 100 lineal feet or fewer 1$30.00 1
For each additional 100 lineal feet or fraction 6.25
thereof
b. For French drains, consisting of catch basin and seepage trench or slab covered trench:
For the installation consisting of one or two catch $30.00
basins, and seepage trench or soakage pit of
leneths not to exceed 100 lineal feet
C. For construction or replacement of sidewalks, curb and gutter:
For 100 lineal feet or fewer 1 $25.00 1
For each additional 100 lineal feet or fraction 6.25
thereof
d. For construction of driveways:
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For drivewa width of 24 feet or fewer
$25.00
For Commercial driveway width greater than 24
feet but less than 40 feet (each driveway)
Additional 15.00
For Commercial driveway width greater than 40
feet (each driveway)
Additional 20.00
e. For construction of street pavements:
1. One -lane or two -lane pavements (width of pavement zero to 24 feet):
For 100 lineal feet or fewer 1$50.00
For each additional 100 lineal feet or fraction 10.00
thereof
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
For 100 lineal feet or fewer 1$100.00 J
For each additional 100 lineal feet or fraction 25.00
thereof
f. For construction of curb separators:
For 100 lineal feet or fewer 1 $25.00 J
For each additional 100 lineal feet or fraction 5.00
thereof
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g. For installation of permanent -type traffic barricades, guardrails and guide posts:
For each 100 lineal feet or fraction thereof $12.50
h. For construction of street or driveway culvert crossing of canals and drainage ditches
(not controlled by DEP):
For each lineal foot pipe, per foot of pipe $1.00
diameter or fraction thereof
i. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
(3) Penalty fees.
a. When work for which a permit is required is commenced prior to obtaining a permit, a
penalty fee will be imposed. If the applicant can show that failure to apply for a permit is
based on a good -faith belief that the construction is not affecting the county right -of -way, the
penalty fee may be waived at the discretion of the engineering director; provided, however,
that violators promptly apply for a permit and pay all applicable fees.
b. The penalty fee shall be $250.00 plus double the original permit fee.
C. The payment of such penalty fee shall not relieve any person, firm or corporation from
fully complying with all of the requirements of all applicable regulations and codes, nor shall
it relieve any person, firm or corporation from being subject to any of the penalties therein.
SECTION 12 : Section 19 -44 Relocation upon notice by the engineering director shall be amended to
read as follows:
Sec. 19 -44. - Relocation or removal upon notice by the Engineering Services Director.
Any permission granted for construction under this article does not constitute and shall not be construed
as permitting a permanent installation within any public right -of -way. Any facility or other permitted
work within the public right -of -way shall be relocated, reconstructed, or removed by the owner at his
sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any
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project performed by the county or its authorized representative, that is deemed to be in the interest of
the general public within 30 days of the request. It shall be the responsibility of the engineering director,
or the utility performing work requiring removal, to provide notice to the affected permittees at the
earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the
owner requests additional time up to a maximum of 180 days, this may be granted by the office of the
engineering director upon receipt of a letter stating adequate grounds to support the owner's position that
additional time is necessary to complete the relocation. If the extension of time requested by the owner
is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the
owner may appeal to the board of county commissioners by written request; and the time for relocation
shall be stayed while the appeal is pending. Where the county has requested relocation, permits shall be
required to approve the new sites of the utility facility, but permit fees shall be waived. Utility
placements and relocations shall be governed as provided by general law.
SECTION 13 : Section 19 -46 Appeals shall be amended to read as follows:
Sec. 19 -46. - Appeals.
Any party claiming to be aggrieved by a decision of the engineering director, may appeal to the board of
county commissioners by filing a written notice of appeal with the engineering director within 30 days
of the date of the decision. Once a decision has been made by the Engineering Services Director or his
designee, the aggrieved party shall be restricted to only the appeal to the BOCC within 30 days of the
decision and shall not be allowed to submit a second application or a petition for clarification, or any
other mechanism to attempt to create a new date from which the 30 days for appeal shall run.
SECTION 14: Section 19 -47 Time limits shall be amended to read as follows:
Sec. 19 -47. - Time limits.
(a) Within Fourteen (14) days after receipt of an application for a permit under this article, the
Engineering Services Director (or his designee) shall review the application and shall request submittal
of any additional information. Within Fifteen (15) days after receipt of any submitted additional
information, the director shall review it and may request information needed to clarify such additional
information or to answer new questions raised by or directly related to such additional information.
Permits shall be approved or denied within thirty (30) days after receipt of the original application, the
last item of timely requested additional material, or the applicant's written request to begin processing
the permit application, whichever shall have last occurred. If the application is not approved or denied in
writing within three - hundred and sixty (360) days after the last submittal, it shall be deemed approved
and the applicant may demand the permit be issued. Applications for permits may be denied solely on
the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works
manual and any federal, state, or county law. Any denial of an application must state the specific basis
upon which the denial is based. The permit shall be considered valid for six months beginning on the
date of issuance unless the commencement date shall be beyond such time. If work does not commence
by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work
must be completed by the completion date indicated on the application unless the permit is extended
upon request to the department of engineering with an explanation of the basis for such request.
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SECTION 15 : Section 19 -48 Restoration and penalty shall be amended to read as follows:
Sec. 19 -48. - Restoration and penalty.
No person shall use county rights -of -way or easements for any purpose for which a permit is required by
this article without first obtaining a permit therefore unless otherwise authorized by law. In the event
county rights -of -way or easements are used and/or construction or obstruction takes place without a
permit, upon written notice by the county, which notice may be provided by the engineering department
or the code compliance department, the person shall apply to the engineering director or his designee for
an after - the -fact permit and pay all fees and penalties as provided in section 19 -43 of this chapter and
shall restore to its original condition any area for which no permit may be issued and cease any
non - permitted use.
SECTION 16: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 17: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 18: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
SECTION 19: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 16th day of September, 2015.
Mayor Danny Kolhage
No
Mayor Pro Tem Heather Carruthers
Yes
Commissioner George Neugent
No
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
Page 13 of 13
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B �
Y
Mayor /Chaff erson
iRCAh'S
UR NSEY
October 28, 2015
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 017 -2015 Approval of an
ordinance of the Monroe County Board of County Commissioners revising Monroe County Code
(MCC) Chapter 19 Roads and Bridges to allow ground cover on the County's right -of -way and
providing for a landscaping permit to be issued with conditions as previously directed by the
Board.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on September 16, 2015. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D.C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
October 26, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
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. 017 -2015, which was filed in this office on October 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