Item D1 Chapter 118Monroe County Comprehensive Plan Update
Chapter 118 ENVIRONMENTAL PROTECTION
ARTICLE L IN GENERAL
Sec. 118 -1. Purpose of eEnvironmental PPerformance Sstandards.
It is the purpose of this chapter to provide for the conservation and protection of the
environmental resources of the Florida Keys by ensuring that the functional integrity of natural
areas is protected when land is developed.
Sec. 118 -2. Existing eConditions r-Report.
As part of an application for approval on lands containing wetlands or upland native vegetation
communities, the applicant shall prepare and submit an existing conditions report, including a
survey that identifies the distribution and quality of native habitats and any ebsen , ed
endangered /threatened or protected species that are known to utilize the available habitats on the
site and /or are observed within the parcel or lot proposed to be developed in accordance with the
standards of this chapter. The existing conditions report shall be prepared by a biologist
qualified under sSection 102 -25 in a form approved by the Planning dDirector of planning and
contain, at a minimum, the following:
( -�) Cover page. The cover page shall contain the following:
Ll)a- Legal description of parcel, including the real estate numberi-
Qb-. Property owner's name and address-
E Date of report and site visits-
a)4- Affidavit from the property owner authorizing Monroe County staff to access the
property for purposes of verifying the information contained in the Existing
Conditions Report;
Consultant's name, agency and contact information, and
Vie- Consultant's signature.
(b -2) Summary. A general description of the site, including discussion of habitat typeLss,),
important features, and presence and location of any disturbed areas.
(c -3) Plant species list. A list of species found in the survey, and those proposed for removal
(if applicable), provided in a matrix of the following five columns:
(1) Common Name,
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(2) Scientific Name,
(3) Status - Indicate species' status as TH: Threatened, END: Endangered, RI: Regionally
Important, SSC: Species of Special Concern; N: Non - listed Native, EX: Exotic, INV:
Invasive Exotic, or other status,
(4) Number and Size
a. For those species listed as TH /END /RI/SSC, indicate the number of plants on the site
and their sizes,
b. For those species named in this section as reaching reproductive maturity at less than
4 inches in diameter at breast height (DBH), estimate the total number of plants on
the site regardless of size,
c. For all other native species, estimate the total number of plants on the site, and the
number with a DBH of 4 inches or greater.
(5) Number and Size to be Removed (if applicable)
a. For those species listed as TH /END /RI, indicate the number of plants to be removed
and the size of each plant,
b. For those species named in this section as reaching reproductive maturity at less than
4 inches in DBH, indicate the total number of plants to be removed regardless of size,
c. For all other native species, indicate the number of plants to be removed with a DBH
of 4 inches or greater.
Common Native Species Reaching Reproductive Maturity
at Less Than 4 inches DBH
Bahama cassia
Cassia bahamensis
Bahama nightshade
Solanum bahamense
Beaujybeny
Callicar a americana
Blackbead
Pithecellobium guadalupense ke ense
Blacktorch
Erithalis ruticosa
Cocks ur
Pisonia aculeata
Coco Ium
Chr sobalanus icaco
Dahoon holl
Ilex cassine
Darlin Ium
Re nosia se tentrionalis
Ever lades velvetseed
Guettarda elli tica
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False willow
Baccharis an usti olia
Florida trema
Trema micrantha
Green buttonwood
Conocar us erectus
Jamaica ca er
Ca pparis c no hallo hora
Limber ca er
Ca is Lexuosa
Lon stalked stopper
Psidium Lon i es
MarlberU
Ardisia escallonioides
Mouse's pineUple
Morinda ro oc
M rsine
M rsine floridana cubana
Pineland croton
Croton linearis
Randia
Randia aculeata
Red man rove
Rhizo hora man le
Saltbush
Baccharis halimi olia
Saw palmetto
Serenoa re ens
Seven year a le
Geni a clusii olia
Silver buttonwood
Conocar us erectus var. sericeus
Snowbe
Chiococca alba
Snowbe
Chiococca Vinetorum
Spanish stopper
Eu enia foetida
Stroh bark
Bourreria ovata (succulentaj
Sweet acacia
Acacia arnesiana
Tallowood
Ximenia americana
Torchwood
Am ris elemi era
Virginia cree er
Parthenocissus quinquefolia
Wax Myrtle
M rica Geri era
White man rove
La uncularia racemosa
WhitLqgpper
Eugenia axillaris
Wild coffee
Ps chotria nervosa
Wild Lantana
Lantana involucrata
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(44) Animal species list. A list of the endangered, threatened, or otherwise protected animal
species observed during the site survey. This section shall also include a list of protected
species that may not have been actually observed, but may use the site for foraging, roosting,
breeding, or nesting. In addition, if the proposed development is within the Species Focus
Area for the Key Largo cotton mouse, the Key Largo wood rat, the silver rice rat or the Stock
Island tree snail surveys for these species may be required in accordance with Chapter 122 -8.
(e5) Site plan. A site plan at a scale of one inch equals 20 feet or greater showing the location of
the following:
mall native plant species t4at ar° listed threatened and endangered native plant species;
species of special concern, and regionally important native plant species,
(2) all native plant species that reach reproductive maturity at less than four inches DBH, as
named in this section_
(3) all other native plant species with a DBH of four inches or greater,
4) the extent of wetlands_ ftxd
(55) areas of disturbance and exotic species and
(6) proposed boundary of area(s) to be cleared and location of species to be removed (if
applicable), including, but not limited to, building footprint, construction impact zone as
defined in Section 101 -1, installation of buried utilities, driveways and walkways
Sec. 118 -3. Administration and c-Compliance.
Before a certificate of occupancy or final inspection approval may be issued for any structure,
portion, or phase of a project subject to this chapter, a grant of conservation easement running in
favor of the county shall be approved by the gGrowth (Management dDirector and the c-County
aAttorney and recorded in the official public records of the county for any conservation easement
required pursuant to Sections 118 -9, 118- 10(d)(7), 118- 12(b)(4)b, and 118- 12(c)(2), or elsewhere
in this chapter The conservation easement shall state the amount of required upland native
vegetation open space and prohibit activities within that open space, including removal,
trimming or pruning of native vegetation; acts detrimental to wildlife or wildlife habitat
preservation; excavation, dredging, removal or manipulation of the substrate; activities
detrimental to drainage, flood control, or water or soil conservation; dumping or placing soil,
trash, or other materials; and any other restrictions as may be stated on the conservation
easement. Fencing shall not be allowed in a conservation easement unless the fencing abuts
developed land and contributes to the protection of the conservation area.
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Sec. 118 -4. Wetland *SSpace ,&Requirements.
No development activities, except as provided for in this chapter, are permitted in submerged
lands, mangroves, salt ponds, freshwater wetlands freshwater ponds, or min undisturbed salt
marsh and buttonwood wetlands; the open space requirement is 100 percent_
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights
away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall
not be assigned any density or intensity.
Sec. 118 -5. Habitat ,&Analysis for pPalm hHammocks.
If a hammock has an abundance and density of thatch palms such that 20 percent of the
dominant canopy plants E t4ereef are palms, the hammock shall be considered a
palm hammock.
Sec. 118 -6. Environmental dDesign eCriteria.
No land shall be developed, used or occupied except in accordance with the criteria in this
chapter unless the sCounty bBiologists recommends an authorized deviation in order to better
serve the goals, objectives and policies of the Comprehensive pPlan and the Planning dDirector
of or pPlanning eCommission approves the recommendation as a minor or major
conditional use subject to the standards and procedures set forth in Chapter 110, Article III No
recommendation for an authorized deviation from these environmental design criteria shall be
made unless the sCounty bBiologist makes written findings of fact and conclusions of biological
opinion that substantiate the need and /or benefits to be derived from the authorized deviation.
Sec. 118 -7. General eEnvironmental dDesign eCriteria.
No land shall be developed except in accordance with the following general criteria:
(a) Development shall not disturb the following vegetation:
(1) champion trees (listed nationally or in the State of Florida),
(2) specimen trees (diameter at breast height that is greater than seventy -five percent [75 %]
of the record tree of the same species for the State of Florida)_ and
(3) plant species listed by the USFWS as threatened or endangered.
(b-�) To the maximum extent practicable, development shall be sited so as to preserve all listed
threatened and endangered native plant species; species of special concern;
ex and regionally important, native plant species_ and all native tfees 'V a aiametef
at bfeast height greater flia- f 9ti iffe,„s. In those instances where an applicant can
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demonstrate that avoidance of such species et: tt:ees is not possible by clustering or by an
alternate design approach, then stteh speeies and tt:ees shall be Ot: t:eplaee
then
the applicant shall make a payment into the Monroe County Land Management and
Restoration Fund in accordance with Section 118 -8.
(c -3) The habitat of t4eatened and efida gefea protected plants and animals (including but not
limited to species listed as endangered, threatened, species of special concern, or protected
under laws such as the Mi_rg atory Bird Treaty Act) shall be preserved to the maximum extent
practicable through the configuration of open space. Habitat includes, but is not limited to,
foraging, roosting, breeding, and natural and artificial nesting habitat. This includes, but is
not limited to, bird rookeries and bird nesting colonies. No habitat of protected species shall
be disturbed without prior notification and approval by the County Biologist. Impacts to
endangered species habitat that result in a "May Affect" determination through the
application of the U.S. Fish and Wildlife Service ( USFWS) Species Assessment Guides will
require coordination with the USFWS in accordance with Chapter 122 -8.
(44) All areas of disturbance shall be managed to avoid the introduction and /or establishment
of invasive exotic plant species lamas defined in sSection 101 -1.
(e5) All invasive exotic plant species shall be removed from the parcel proposed for
development.
(f6) It is the purpose of this subsection to minimize the environmental impacts of
development by requiring design of a development on a parcel of land to incorporate
clustering of the development away from the natural areas on the parcel that are the most
susceptible to harmful impacts of development. Clustering requirements shall apply to all
development, including plat design, and shall be achieved in the following manner:
Ll)a- When a parcel proposed for development contains more than one habitat type, all
development shall be clustered on the least sensitive portions of the parcel. For the
purpose of this subsection, the relative sensitivity of separate habitat types shall be as
listed below with subsection (f)(1) a. of this section being the most sensitive and
subsection (f)(1)i. (64&.24- of this section being the least sensitive.
a. Cactus hammock,
b. Palm hammock,
c. Beach /berm;
d. Pinelands;
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e. Hammock,
f. Disturbed beach /berm;
g. Disturbed with slash pines,
h. Disturbed with hammock,
i. Disturbed, and
i. Disturbed with exotics.
ti P;„o,. „ .,,;t.
2 S m . nEtlef bt4tefiv
., ee iatio n z ,ott ,,, ate•
;
4. Palm hammeek
5. BeaehAbeft*-,
ti P;„o,. „ .,,;t.
n d s (high
;
4 T , 1,.,,,,,, ee k (higl, ., .,l;t
PAWL Tra-M
T hammeek
,
;
;
Q4-._Development within the least sensitive habitat shall achieve the maximum density or
intensity allowable by eChapter 130 and shall fully use the net buildable area
of the habitat prior to expanding to the next least sensitive habitat type on the site. For
proposed plats, these clustering requirements shall be applied such that the number of
proposed lots are sized and configured to achieve the highest allowable density within the
least sensitive habitat prior to locating additional lots within the next least sensitive
habitat. For disturbed habitats only, development or proposed plats shall use 100 percent
of the disturbed habitat, except for the area of any required setbacks, before expanding to
the next least sensitive habitat type.
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PAWL Tra-M
Q4-._Development within the least sensitive habitat shall achieve the maximum density or
intensity allowable by eChapter 130 and shall fully use the net buildable area
of the habitat prior to expanding to the next least sensitive habitat type on the site. For
proposed plats, these clustering requirements shall be applied such that the number of
proposed lots are sized and configured to achieve the highest allowable density within the
least sensitive habitat prior to locating additional lots within the next least sensitive
habitat. For disturbed habitats only, development or proposed plats shall use 100 percent
of the disturbed habitat, except for the area of any required setbacks, before expanding to
the next least sensitive habitat type.
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�E._In addition to the requirements of subsections (gl(l 0*. and (gj 21 (6+. of this section,
development shall be clustered within the least ecologically valuable area of each habitat
as determined by the county biologist.
a)4 -_All development shall be clustered in a manner that reduces habitat fragmentation and
preserves the largest possible area of contiguous, undisturbed habitat. The pPlanning
dDirector may vary the clustering requirements described above in order to reduce habitat
fragmentation.
(g -7) The pPlanning dDirector, in consultation with the *County hBiologist, may approve an
application that modifies or waives the minimum yard requirements set out in this ehapte
Land Development Code in order to preserve champion and specimen trees or the habitat of
protected species
Sec. 118 -8. Mitigation *Standards and c-County eEnvironmental I iff and
r-Restoration €Fund.
(a) Mitigation standards. The removal of any State - listed threatened, and endangered native
plant species,, cemmet:c ally expleited, -and anv regionally important native plant species;,
any native plant species that reaches reproductive maturity at less than 4 inches DBH as
identified in Section 118 - 2(c); and m any other native s -- plant species with a diameter at
breast height f DBH3 of four inches or greater d4a- f 44ehes shall require payment to the
Monroe *County eEnvironmental I m and r gund in an amount
sufficient to replace each removed plant or tree on a 2:1 basis as determined in accordance
with ai+d subsection (b) The number, species, and sizes of trees and plants to be mitigated
shall be identified in the ffft existing conditions report provided pursuant to Section 118 -2 and
approved by the *County hBiologist in aeeefdanee v� t4 ,,, eats S°*
fet4h ; et 114 101
(b)Mitigation fees determination. The mitigation fee shall be based on the replacement cost of
the specific plants and trees. The costs for replacement plants and trees shall be based upon a
price schedule maintained an "dated .,,,,,,,ally by the *County hBiologist. This schedule
shall be based on price quotes by at least three private plant nurseries within the county or
Miami -Dade County.
(c) County environmental land management and restoration fund. The board of eettaty
Mitigation fees shall be paid
into the Monroe County Environmental Land Management and Restoration Fund. Revenues
and fees deposited in this fund shall be used for restoration and management activities of
public resource protection and conservation lands, as specifically detailed by resolution of
the BOCC .
Sec. 118 -9. Clearing -aAllowances.
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(a) Purpose. It is the purpose of this section to provide for open space as a part of a development
plan in order to ensure the continued existence of natural wildlife habitat and to provide open
green areas for the movement, aesthetics, and safety of the human population utilizing the
development. Native plant communities within required open space areas shall not be cleared
or otherwise disturbed, including ground cover, understory, midstory, and canopy vegetation.
All such areas shall be maintained in their natural condition and shall be protected by grant
of conservation easement running in favor of the County
(b) Percentage of clearing. Clearing of upland native vegetation communities in tiers I, 11, III,
and III -A shall be limited to the following percentages:
Tier Permitted Clearing*
20 percent or 3,000 square feet, whichever is greater; but no greater than 7,500
square feet of upland native vegetation
The sh 500 f ee t zzr� e�8• E .r3i�t� uir- vc l zinr'r� t6 � ��iiirr�rc °cc perFcrrE°c
For parcels greater than 30,000 square feet, with the exception of parcels on Big
Pine Key and No Name Key, clearing for one driveway of reasonable
configuration up to 18 feet in width is permitted to provide reasonable access to
the property for each parcel and shall be exempt from maximum clearing limit of
7,500 square feet. Clearing for a driveway shall be recommended by a county
biologist and approved by the pPlanning dDirector. The proposed driveway
design shall minimize fragmentation; avoid specimen trees; and take the shortest
reasonable route. In no case shall clearing, including the driveway, exceed 20
percent of the entire site.
II 40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500
square feet of upland native vegetation (Big Pine Key and No Name Key only).
40 percent of "land fiat I - I - Zl - t. or 3,000 square feet, whichever is greater;
but no greater than
7,500 square feet of upland native vegetation.
The elefft:ifig of pfft:eels i1i tiet: U! shall be limited to :7,500 seftfat:e feet pet: pfft:eel-
For parcels greater than 30,000 square feet, with the exception of parcels on Big
Pine Key and No Name Key, clearing for one driveway of reasonable
III configuration up to 18 feet in width is permitted to provide reasonable access to
the property for each parcel and shall be exempt from maximum clearing limit of
7,500 square feet. Clearing for a driveway shall be recommended by a county
biologist and approved by the pPlanning dDirector. The proposed driveway
design shall minimize fragmentation; avoid specimen trees; and take the shortest
reasonable route. In no case shall clearing, including the driveway, exceed 2840
percent of the entire site.
III -A Special X40 percent 4 or 3,000 square feet, whichever is greater; but no greater than
Protection hev,evet: ,.l eat: i fig shall not exeee 7,500 square feet of upland native vegetation.
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Area The eleafitig of pafeels iii tief 4! A shall be limited to :7,500 seftfafe feet Pef
pFor parcels greater than 30,000 square feet, with the exception of parcels
on Big Pine Key and No Name Key, clearing for one driveway of reasonable
configuration up to 18 feet in width is permitted to provide reasonable access to
the property for each parcel and shall be exempt from maximum clearing limit of
7,500 square feet. Clearing for a driveway shall be recommended by a county
biologist and approved by the pPlanning dDirector. The proposed driveway
design shall minimize fragmentation; avoid specimen trees; and take the shortest
reasonable route. In no case shall clearing, including the driveway, exceed 2
percent of the entire site.
* Clearing for gpalm or cactus hammock is limited to only ten percent and the maximum amount
of clearing shall be no more than 3,000 square feet
(c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as
depicted on the December 1985 Habitat Classification Aerial Photographs, shall be used as a
baseline to determine the clearing that may be permitted on a site. The 1985 maps shall be
supplemented by recent aerial photography and existing site analysis to determine any
increases in the amount of upland native vegetated areas. Upland native vegetated areas
cleared between 1986 and the time of permit application shall be considered to still include
upland native vegetation for purposes of determining the amount of open space and clearing
permitted.
(d) Ocean Reef Club clearing. For the purpose of this section, upland native vegetated areas in
Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetated
areas.
(e) Big Pine Kev and No Name Kev clearing. Clearing of native habitat on Big Pine Key and No
Name Key will be limited to parcels to be developed for residential use or for local road
widening. The total amount of clearing over the 20 -year life of the Habitat Conservation Plan
(2003 -2023) will be limited to no more than seven (7) acres. No clearing of native habitat,
other than that necessary and authorized for new residential development, local road
widening, or fire breaks to protect residential areas will be allowed.
(fe)Lot aggregation and clearing. For ROGO applications that receive points for lot aggregation
under sSection 138- 28(3), permitted clearing of vegetation on the combined parcels shall be
limited to the percentage of the property indicated in subsection (b) of this section or a total
of 7,500 square feet, whichever is less.
(gf) Vesting provisions. Applications for building permits received prior to January 13, 2013, and
any building permits issued or to be issued pursuant to an active conditional use permit
development order approved prior to January 13, 2013, shall be permitted to use the clearing
allowances in effect at the time of building permit application or approved in the conditional
use permit. Any revisions to the extent of clearing approved by the building permits or
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conditional use permits referenced above shall be required to comply with the clearing limits
currently in effect.
Sec. 118 -10. Environmental dDesign for *Specific hHabitat tTypes.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this section.
(a-�) Hammock. All structures developed, used or occupied on land classified as hammock (all
types and all levels of quality) shall be designed, located and constructed such that:
All areas of required open space are maintained in their natural condition, including
the preservation of canopy, midstory, understory vegetation, ground cover and leaf litter
layer; and
Qb-. Clearing of native vegetation is limited to the area of approved clearing shown on the
approved site plan, which shall include a construction impact zone around all structures.
Construction barriers shall be required at the outer edge of the construction impact zone
and shall be visible and of durable material such as wood, fabric, wire fencing, Pepe -e
wife eable. plastic safety fencing, or similar types, that provide openings to allow the
passage of wind and water through them. Barriers shall be staked and remain in place and
maintained in a functional condition until final inspection for a certificate of occupancy
has been approved. During construction, there shall be no disturbances of the ground
surface and vegetation within required open space areas.
(b -2) Pinelands. All structures developed, used or occupied on land classified as pinelands (all
types and all levels of quality) shall be designed, located and constructed such that:
All areas of required open space are maintained in their natural condition, including
canopy, midstory, understory vegetation, and ground cover. Dead vegetative matter,
including leaf litter layer, may be removed for fire safety; and
Qb-. All structures are separated from the body of the pinelands classified as high quality
by a clear, unvegetated fire break of at least 15 feet width. Any clearing required to create
this firebreak shall be deducted from the total area of clearing allowed for the parcel.
Clearing of native vegetation shall be limited to the area of approved clearing shown on
the approved site plan, and the required firebreak. Construction barriers shall be required
at the outer edge of the area to be cleared and shall be visible and of durable material
such as wood, fabric, wire fencing, Fo pe of safety fencing, or similar
types, that provide openings to allow the passage of wind and water through them.
Barriers shall be staked and remain in place and maintained in a functional condition until
final inspection for a certificate of occupancy has been approved. During construction,
there shall be no disturbances of the ground surface and vegetation within required open
space areas.
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(c) Beach berm complex or disturbed with beach berm. All structures developed, used or
occupied on land classified as a beach berm complex or as disturbed with beach berm shall be
designed, located and constructed such that:
LI )a-. All structures are elevated on pilings or other supports.
No beach berm material is excavated or removed and no fill is deposited on a beach
berm except as needed for shoreline stabilization or beach renourishment projects with a
valid public purpose that furthers the goals of the Monroe County Comprehensive Plan,
as determined by the pPlanning dDirector. If aplicable, all such projects shall require
approval by the Florida Department of Environmental Protection and the U.S. AM
Corps of Engineers prior to the commencement of development or construction and /or
prior to the issuance of a county `Notice to Proceed.' Al stte, prgjeets shat r° °
�E The clearing of beach berm vegetation is limited to the minimum clearing required to
allow development of a permitted use. Beach berm areas disturbed during construction
shall be immediately restored to stable condition pursuant to a restoration plan approved
by the County Biolo _gist a:, �� r *�' r . Restoration techniques shall
be designed to achieve the maximum stability possible. Native plants shall be used
exclusively in re- vegetation.
a)4- A construction impact zone is provided and construction barriers are required at the
outer edge of the construction impact zone and shall be visible and of durable material
such as wood, rope or wire cable. No fencing or other material that can entrap wildlife
may be used as a construction barrier on a beach berm. No vehicular or pedestrian traffic
shall be permitted outside of the construction barriers for the duration of the construction
period. Barriers shall remain in place and maintained in a functional condition until final
inspection for a certificate of occupancy has been approved.
(44) Mangroves, wetlands, and submerged lands. All structures developed, used or occupied
on land classified as mangroves, wetlands or submerged lands (all types and all levels of
quality) shall be designed, located and constructed such that:
LI I a-. Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
wetlands, and submerged lands, subject to the specific restrictions of this subsection.
These t:esti4etions shall not apply to disttt�edwetlaads t4at haA, been lawfitily e0five
Trimming and /or removal of mangroves shall meet Florida
Department of Environmental Protection requirements.
Qb-. Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
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�E Dredging. The following restrictions shall apply to dredging activities:
a4-. No new dredging shall be allowed in the county except as specified for boat ramps in
-sSection 118 - 12(14-) (shoreline setback, boat ramps).
b -2. No maintenance dredging shall be permitted within areas vegetated with seagrass
beds or characterized by hard bottom communities except for maintenance dredging
in public navigation channels.
c -3. In order to facilitate establishment and prevent degradation of bottom vegetation,
maintenance dredging in artificial waterways shall not exceed depths greater than six
feet at mean low water (MLW). This restriction does not apply to the entrance
channels into Key West Harbor and Safe Harbor.
d4. All dredged spoil materials shall be placed on permitted upland sites designed and
located to prevent runoff of spoil material into wetlands or surface waters.
e -5.
wit. All such projects shall require aproval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to the
commencement of development or construction and /or prior to the issuance of a
county `Notice to Proceed.'
fg. Exemptions: <Ordinance 002 -2015 — effective>
1 .&. Pursuant to Policy 202.8.6, canal restoration projects developed to determine the
effectiveness of water quality strategies of the Florida Keys National Marine
Sanctuary Water Quality Protection Program that meet the following criteria are
exempt from the restrictions in 118- 10
i. Projects are limited to previously dredged artificial canals characterized as
having poor or fair water quality within the 2013 Monroe County Canal
Management Master Plan.
ii. Projects are performed or funded by public entities (County, State, or Federal)
for organic material removal; and
iii. Projects are 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; and
iv. Hydraulic (vacuum) dredging shall be considered the preferred means of
removal of the organic material. If hydraulic dredging is not proposed to
accomplish the organic material removal, a public hearing before the Board of
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County Commissioners (BOCC shall be required prior to issuance of a county
permit.
24. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration projects
to remove decomposing organic material from previously dredged artificial canals
(down to the bedrock) without backfilling will be performed and evaluated for
effectiveness. Water quality monitoring of these two (2) organic removal pilot
projects shall be conducted at a two (2) year point of time and a ten (10) year
point of time after completion of the pilot projects, and a water quality report shall
be reviewed to determine the effectiveness in improving dissolved oxygen
concentrations, as identified in the surface water quality criteria in Ch. 62-
302.530, F.A.C., in the two (2) organic removal pilot projects canals.
a)4- Placement of fill. No fill shall be permitted in any mangroves, wetlands, or
submerged lands except:
a4-. As specifically allowed by this section or by sSection 118 -12(k) (Bulkheads,
Seawalls, Riprap) and 118 -12 ,
hLBoat (Ramps);
b -2. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat
basin or swimming pool if the county biologist determines that such filling will not
have a significant adverse impact on marine or wetland communities;
c -3. As needed for shoreline stabilization or beach renourishment projects with a valid
public purpose that furthers the goals of the Monroe County Comprehensive Plan, as
determined by the county biologist;
d4. For bridges extending over salt marsh and /or buttonwood association wetlands that
are required to provide automobile or pedestrian access to lawfully established
dwelling units located on upland areas within the same property for which there is no
alternate means of access. Such bridges shall be elevated on pilings so that the natural
movement of water, including volume, rate and direction of flow shall not be
disrupted or altered; or
e -5. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
appropriate mitigation as defined by the wetland regulations of subsection (ed)(6) of
this section.
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Vie- After-the-fact exclusion. No after - the -fact permits shall be issued that violate the
county dredge and filling regulations. All fill shall be removed and all damages
mitigated.
L6)f- Development in disturbed wetlands. Lands classified as disturbed with salt marsh and
buttonwood association may be filled for development in accordance with the following
criteria:
a4-. Disturbed wetlands proposed for filling will be evaluated by a county biologist using
the Keys Wetlands Evaluation Procedure ( KEYWEP). The county biologist may
conduct a current KEYWEP analysis to confirm or update a parcel's KEYWEP
scores.
1.(�) Wetland quality categories based on KEYWEP scoring:
i.{34) High functional capacity wetlands those wetlands that score at 7.0 0
higher than 5.5 regardless of previous disturbance. Development is prohibited
under any circumstances.
ii.{� Moderate functional capacity wetlands those wetlands that score 5.5 or
less beI&A :7.0, but greater than or equal to 4.6. These wetlands are suitable for
development with appropriate mitigation.
iii.{) Low functional capacity wetlands those wetlands that score less than
4.6 or are assigned a green -flag designation as suitable for development.
These wetlands are suitable for development with appropriate mitigation.
2 #0 Wetlands determined by KEYWEP to have a high functional capacity (those
wetlands that score at of above 5_5 7.0 and or those wetlands that are assigned a
red flag) are not suitable for filling. The open space ratio for such wetlands will be
1.0(100%).
3.{4) Wetlands determined by KEYWEP to have moderate or low functional
capacity (those wetlands that score 5.5 or less .0 or are assigned a green
flag) are suitable for filling with appropriate mitigation, as determined by the
Florida Department of Environmental Protection (DEP) and the U.S. Army Corps
of Engineers (ACOE). All such projects shall require documentation that all
aspects of DEP and ACOE mitigation have been satisfied prior to the
commencement of construction and /or prior to the issuance of a county `Notice to
Proceed.' .
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b -2. Placement of fill within disturbed wetlands is subject to the environmental design
clustering criteria (see sSection 118- 7(gf)). Less sensitive habitats on the subject
parcel must be developed before disturbed wetlands are filled.
c -3. Any portion of a wetland filled under these provisions shall be considered disturbed
habitat with a required open space ratio of 0.20. In the event that state and /or federal
permits restrict fill to the development area only, this provision will not apply.
d4. Any development within a wetland so filled shall conform to the setbacks established
by the Florida Department of Environmental Protection (FDEP) and the U.S. Army
Corps of Engineers (ACOE) permits and to th e. if fill so plaeed e�iteiids to �he
minimum yard required by Chapter 131 of this
LDC setbaeks will apply.
L7jg Vegetated buffer required between development and wetlands. Except as allowed in
-iSection 118 -7 (general environmental design criteria), a minimum vegetated setback of
50 feet shall be maintained as an open space buffer and shall be protected by a grant of
conservation easement running in favor of the County for development occurring
adjacent to all types of wetlands, with the following exceptions:
a4-. If a 50 -foot setback results in Bless than 2,000 square feet of principal structure
footprint of reasonable configuration, then the setback may be reduced to allow for
2,000 square feet of principal structure footprint of reasonable configuration,
provided that the setback is not reduced to less than 25 feet.
b -2. On properties classified as scarified adjacent to wetlands, the wetland setback may be
reduced to 25 feet, without regard to buildable area, if the entire setback area:
l .(�) Is planted and maintained in native vegetation meeting the standards of a class
D bufferyard or a bufferyard providing similar protection (SSection 114 -128
Bufferyard standards) with the exception that understory trees may be substituted
for canopy trees;
2.{i) Contains a site - suitable stormwater management plan approved by the county
biologist; and
3.{4) Is placed under conservation easement.
63. The wetland setback required by this subsection shall not apply to mangrove or
wetland fringes occurring along manmade canals, channels, or basins.
d. The wetland setback required by this section shall not apply to areas filled in
accordance with 118- 10(e)(6) where the state and /or federal permits restrict the fill to
the development area only.
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Sec. 118 -11. Environmental (Restoration sStandards.
(a) In the event any land clearing is occurring on a site and such clearing is outside the scope of
any permit issued or for which no permit was issued, the building official or other authorized
county official shall issue a stop work order. If any land clearing has occurred for which no
permit has been issued or which is beyond the scope of an issued permit, such activity shall
be subject to code enforcement proceedings under chapter 8. Except for issuance of an
approved after - the -fact permit for restoration, the stop work order shall remain in effect and
no application for a building permit shall be processed or issued for the site until the violation
for unlawful land clearing is corrected pursuant to subsection (b) of this section.
(b) A land clearing violation is corrected if all of the following conditions are met in accordance
with a restoration site plan approved by the county biologist:
(1) The site shall be restored to its pre - violation grade.
(2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced
with native plant species as appropriate to the site unlawfully cleared. The trees shall be
of a size and maturity commensurate to the unlawful clearing as determined by the
county biologist. The native species mix shall consist of the approximate percentages of
the predominant tree, shrub and groundcover species on the site unlawfully cleared prior
to the violation, but if any endangered or threatened tree, shrub or groundcover species
were unlawfully cleared, then those species shall be replaced with plants of a size and
maturity commensurate to and related to the unlawful clearing as determined by the
county biologist regardless of predominance.
(3) All replanted trees, shrubs, and groundcovers shall be located on site within the same
areas that were unlawfully cleared.
(4) A monetary guarantee for the restoration work, as stipulated in subsection (e) of this
section, shall be provided in the form of a surety bond cash, or other financial guarantee
in a form acceptable to the Planning Director and the county attorney
(5) The restoration work to correct the land clearing violation in accordance with subsections
(b)(1)_ —(3) of this section shall be required to receive final inspection approval by the
county biologist.
(c) Any violation for land clearing that has been corrected pursuant to subsection (b) of this
section shall be subject to the following additional conditions to ensure the growth and viability
of the restored habitat:
(1) Except as expressively authorized by the c-County hBiologist pursuant to an approved
phased restoration site plan, all invasive exotic plant species en t4e most ettff°fi* Fig„; a ,
&ietie Pest Plant Gettfleil's list of eateget-f 1 of 11 44N &ietie plants shall be
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removed at least quarterly during the three -year period described in
subsection (c)(2) of this section.
(2) At least 80 percent of the trees replaced, as described in subsection (b)(2) of this section,
shall be viable at the end of a three -year period from the date of the final inspection of the
restoration work. Dead or dying trees may be replaced, subject to prior approval by the
county biologist, during the three -year period in order to ensure the 80 percent minimum
is met at the end of three years. The restoration work shall be inspected by the county
biologist on an annual basis during the three -year period and shall require a final
inspection at the end of the three -year period. The County Biologist may direct that
dead or dying trees be replaced as he or she deems necessary to ensure the 80 percent
standard will be met at the end of the three years.
(d) Failure to meet the conditions of subsection (c) of this section shall be considered a violation
of this Land Development Code and subject to code enforcement proceedings under
chapter 8.
(e) The permit holder shall be required through a financial guarantee approved by
the Planning Director and the county attorney to guarantee the satisfactory completion of the
restoration work in accordance with the approved restoration site plan and the survival of at
least 80 percent of the replanted trees for a period of at least three years after the issuance of
the after - the -fact permit for the restoration work.
(1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of
the restoration work described in subsections (b)(1) -(3) of this section. The estimated
costs of the restoration described in subsection (b) of this section shall be the sum of
subsections (e)(1)a. and (e)(1)b. of this section:
One hundred percent of the estimated cost of the restoration described in subsection
(b)(1) of this section as estimated by the county engineer; or alternately, 150 percent
of the price of a binding contract for the restoration work required by subsection
(b)(1) of this section entered into with a contractor qualified to perform such work.
b. One hundred percent of the estimated cost, as estimated by the building official, of
performing the restoration work described in subsections (b)(2) and (b)(3) of this
section; or, alternatively, 150 percent of the price of a binding contract for the
restoration work described in subsections (b)(2) and (3) of this section entered into
with a state licensed landscape architect.
(2) Form of Guarantee. The guarantee & be in a form
approved by the Planning Director and the county attorney. The
guarantee bend shall be payable to the county in the amount of estimated total cost for
restoration work as calculated in subsection (e)(1) of this section, and enforceable, on or
beyond a date 36 months from the date of the permit issued for the restoration work.
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Release of any guarantee betid shall be conditioned upon final approval by the county
biologist of the restoration work as stipulated in subsection (c)(2) of this section.
(3) Default. All guarantees shall provide that if the permit holder failed to complete required
restoration work in accordance with the restoration site plan and failed to comply with the
requirements of subsection (c)(2) of this section, the air°e*er of pE lanning Director in
consultation with the county attorney, may take the following action: Inform the
guarantee be company in writing of default by the permit holder and request that it
take necessary actions to complete the required improvements.
Sec. 118 -12. Shoreline *Setback.
(a) Purpose. The purpose of this section is to allow for reasonable access between the land and
water, provide secure boat storage, ensure good water quality, provide an appearance
consistent with community character, protect structures from the effects of long = term sea
level rise, protect beaches and shores from erosion, protect over -water views, avoid adverse
impacts on navigation, and protect marine and terrestrial natural resources.
(b) Principal structures. Principal structures shall be set back as follows:
(1) Along lawfully altered shorelines adjacent to manmade canals, channels, and
basins, principal structures shall be set back at least 20 feet as measured from the mean
high water (MHW) line, except as allowed in subsections (b)(2) and (b)(3) of this section.
lawfullv altered shorelines adiacent to manmade canals. channels. and basins
where the 20 -foot setback from an existing cut in slip or boat ramp would result in less
than 2,000 square feet of principal structure footprint of reasonable configuration, the
setback from the existing cut in slip or boat ramp may be reduced to allow for 2,000
square feet of principal structure footprint of reasonable configuration, provided that the
setback is not reduced to less than 10 feet from the MHW line of the slip or ramp.
(1-2) Along lawfully altered shorelines adjacent to manmade canals, channels, and
basins, which are developed with a lawfully established principal use,
*principal structures on parcels less than 4,000 square feet may be f edtteed *�
miflimtimencroach a maximum of ten 10 feet into the required 20 -foot shoreline
setback provided that:
a. The total combined area of all structures, principal and accessory, does not occupy
more than 60 percent of the upland area of the required 20 -foot shoreline setback;
b. The proposed development protects the character and over -water views of the
community;
c. Shoreline vegetation is protected;
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d. Open space ratios are maintained; and
e. Stormwater runoff from the entire site is managed on -site using best management
practices utilizing berms and infiltrating runoff.
(4 -3) Along open water shorelines not adjacent to manmade canals, channels, or basins,
and which have been altered by the legal placement of fill:
a. And where a mangrove fringe of at least ten feet in width occurs across the entire
shoreline of the property, principal structures shall be set back at least 30 feet as
measured from the mean high wa +er ( MHW) line or the landward extent of the
mangroves, whichever is further inland.
b. And where no mangrove fringe of at least ten feet in width exists, principal structures
shall be set back at least 30 feet from the mea hig =� MHW) line, provided that
native vegetation exists or is planted and maintained in a ten -foot width across the
entire shoreline as approved by the county biologist, and is placed under a grant of
conservation easement running in favor of the County otherwise the setback shall be
50 feet as measured from the mea hig =� MHW) line.
c. On infill lots surrounded by significant development where principal structures are set
back less than 50 feet from mean high water (MHW) or the landward extent of
mangroves, the P lanning and eEnvironmental -FResources Director may
evaluate the community character, the presence or absence of environmental features,
and the setbacks on adjacent developed properties within two parcels on either side of
proposed development, and may allow principal structures to be set back as far as
practicable or in line with adjacent principal structures. In no event shall the setback
be less than 20 feet. On shorelines where the existing pattern of setback is greater
than 30 feet, the greater setback shall apply.
(45) Along unaltered and unlawfully altered shorelines located adjacent to natural
nondredged waterways and open water principal structures shall be set back 50 feet as
measured from the MHW) line or the landward extent of the
mangroves, whichever is further landward.
(c) Accessory structures. Accessory structures, as defined in S -section 101 -1, within the shoreline
setback shall be constructed at a foundation height not to exceed 18 inches above existing
grade and shall meet the following design criteria:
(1) Along lawfully altered shorelines itieltiditig adjacent to manmade canals, channels, and
basins:
a. In no event shall the total, combined area of all structures occupy more than 60
percent of the upland area of the required 20 -foot shoreline setback.
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b. Pools, spas, and any screen structures over pools or spas shall be set back a minimum
of ten feet, as measured from the MHW3 line.
(2) Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which s have been altered by the legal placement of fill, and where a mangrove fringe
of at least ten feet in width exists, or native vegetation exists or is planted and maintained
in a ten -foot width across the entire shoreline of at least tteifeet :r wi&h eeettt:s ffet:688
toe °fi*ir° shet:elifie of the property and is placed under a grant of conservation easement
running favor of the County
a. In no event shall the total, combined area of all structures occupy more than 30
percent of the shoreline setback required for the principal structure
b. Accessory structures including, but not limited to, pools, spas, and any screen
structures over pools or spas, other than docks and erosion control structures shall be
set back a minimum of 15 feet, as measured from the MHW4 line or
the landward extent of the mangroves, whichever is further landward, and shall be
located in upland areas.
(3) Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which have been altered by the legal placement of fill, and where no mangrove fringe
exists, and no conservation easement of native shoreline vegetation exists pursuant to
118- 12(b)(4)b.:
a. In no event shall the total, combined area of all structures occoy more than 30
percent of the shoreline setback required for the principal structure.
b. Accessory structures, including, but not limited to, pools, spas, and any screen
structures over pools or spas, other than docks and erosion control structures shall be
set back at least half the distance of the setback required for the principal structure, or
15 feet, whichever is greater, as measured from the MHW line, and shall be located in
Oland areas.
(4 -3) Along unaltered or unlawfully altered shorelines:
a. In no event shall the total, combined area of all structures occupy more than 30
percent of the shoreline setback required for the principal structure
b. Accessory structures including, but not limited to, pools, spas, and any screen
structures over pools or spas, other than docks and erosion control structures shall be
set back a minimum of 25 feet, as measured from the mea hig =� MHW4 line or
the landward extent of the mangroves, whichever is further landward, and shall be
located in upland areas.
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(d) Stormwater and pollutant runoff. All structures shall be designed such that stormwater and
pollutant runoff is contained on site, consistent with the stormwater management standards of
this Land Development Code Pools, spas, fish cleaning tables, and similar pollutant
sources shall not discharge directly into surface waters. Structures should be made of
permeable materials, whenever practical, to allow the infiltration of stormwater runoff.
(e) Applicability of open space and bufferyard requirements. All structures within the shoreline
setback shall be located such that the open space ratios for the entire parcel and all scenic
corridors and bufferyards are maintained.
(f) Enclosed structures and gazebos. No enclosed structures, other than a dock box of five feet
or less in height, shall be allowed within the shoreline setback. Nonenclosed gazebos must be
detached from any principal structure on the parcel. No decks or habitable spaces shall be
constructed on the roof of any nonenclosed gazebo. Any gazebo within the shoreline setback
shall not exceed 200 square feet in area and the highest portion of the roof shall be no more
than 12 feet above grade. Screen enclosures over pools shall not exceed 12 feet in height.
(g) Boat shelter criteria. Nonenclosed boat shelters may be erected only over a cut -in boat slip,
basin, or ramp and may not extend into the adjacent waterbody beyond the mouth of the cut -
in area, nor extend over any mangroves, s egged seagrasses or hardbottom communities.
The roof and supporting members of a boat shelter may extend U to two feet into the
shoreline setback around the perimeter of a boat basin or boat ramp. No decks or habitable
spaces shall be constructed on the roof of any boat shelter. The highest portion of the roof of
any boat shelter shall be no more than 12 feet above grade.
(h) Preservation of native vegetation. Structures shall be located in existing cleared areas before
encroaching into native vegetation. The remaining upland area of the shoreline setback shall
be maintained as native vegetation or landscaped areas that allow the infiltration of
stormwater runoff.
(i) Applicability of side yard setbacks. Side yard setbacks required pursuant to Chapter 131 shall
be maintained for all structures in the shoreline setback except for docks, seawalls, fences,
boat ramps, and retaining walls. Pier docks and mooring facilities such as davits, elevator
lifts, floating boat lifts and floating vessel platforms shall be set back a minimum of five (5)
feet from the side property lines (including g the property property line as extended into the water
perpendicular to the shore), or as specified within Section 118 -12(m) Docking Facilities,
whichever is greater.
0) Tidal flushing and circulation. Shoreline structures shall be designed to protect tidal flushing
and circulation patterns. Any project that may produce changes in circulation patterns shall
be approved only after sufficient hydrographic information is available to allow an accurate
evaluation of the possible impacts of the project. Previously existing manmade alterations
shall be evaluated so as to determine whether more hydrological benefits will accrue through
their removal as part of the project.
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(k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted, provided
that:
(1) Bulkheads, seawalls and /or riprap may be allowed without a principal use where it is
demonstrated that their purpose is necessary for erosion control. Any attachments to
seawalls or bulkheads, such as davits, cleats, and platforms, or any other elements that
constitute docking facilities shall not be allowed except as accessory to a principale use.
Seawalls may have a cap of up to two feet in width without being considered a dock.
(2) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads
shall be permitted only if native vegetation and /or riprap and filter cloth is not a feasible
means to control erosion. No new seawalls, bulkheads, or other hardened vertical
structures shall be permitted on open water.
(3) Existing, deteriorated seawalls and bulkheads on open water shorelines may be repaired
and /or replaced and are exempt from the nonsubstantial improvements limitations except
on known or potential sea turtle nesting beaches. Repairs and /or replacements must
maintain the existing footprint to the maximum extent practicable.
(4) Whenever feasible, riprap, bulkheads and seawalls should be placed landward of any
existing mangroves or wetland vegetation. Native upland, wetland, and aquatic biotic
communities shall be preserved to the maximum extent possible.
(5) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
energy and provide substrate for marine organisms.
(6) No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted
on or waterward of any portion of any beach berm complex which is known to be or is
potential nesting area for marine turtles, as determined by the county biologist, the state,
and /or other appropriate agencies. Within known or potential nesting areas, the county
biologist may, in cooperation with the Florida Department of Environmental Protection,
determine that specific segments of shorelines have been previously, lawfully altered to
such a degree that suitable nesting habitat for marine turtles is no longer present. In such
cases, the county biologist in cooperation with the Florida Department of Environmental
Protection may recommend reasonable measures to restore the nesting habitat. If such
measures are not feasible, the setback requirements of this subsection do not apply.
Restoration of suitable nesting habitat shall be required for unlawfully altered beaches.
(7) Beach renourishment projects on open water may be approved only upon a determination
by the county biologist that the project has a valid public purpose that furthers the goals
of the Monroe County Comprehensive Plan.
(8) All such projects shall require State and /or federal permits prior to the commencement of
development or construction and prior to the issuance of a county `Notice to Proceed.'
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(1) Boat ramps. Boat ramps shall be permitted, provided that:
(1) All boat ramps shall be located and designed so as not to create a setback nonconformity
for existing structures from the new MHW line created by the boat ramp.
(2) All boat ramps shall be confined to shorelines of manmade canals, channels, and basins
with little or no native vegetation.
(3) The width of boat ramps, including side slopes, shall be limited to 15 feet, except that
ramps serving commercial uses, public uses, or more than three dwelling units may be 35
feet in width.
(4) All above -water ramp, side slope or wall structures shall be located landward of the
original MHW line. This area shall be subtracted from the total area allowed for
structures in the shoreline setback in -sSection 118- 12(c).
(5) A maximum of two accessory docks, abutting either or both sides of the ramp, are
allowed. These docks may extend beyond MHW, but shall comply with all requirements
of this section and -iSection 118- 10(d).
(6) Construction of a boat ramp shall not involve any filling of surface waters except for the
minimum amount needed for the actual boat ramp surface, side slopes, walls or pilings
for accessory docks. Walls may not exceed two feet in width.
(7) Dredging shall be limited to the minimum amount necessary to construct the boat ramp
and may not exceed 100 cubic yards of total excavation above and below MHW. No
dredging of submerged grass beds or hardbottom communities shall be allowed.
(8) All such projects shall require approval by the Florida Department of Environmental
Protection and the U.S. Army Corps of Engineers prior to commencement of construction
and /or issuance of a county `Notice to Proceed.
(m)Docking facilities. Docking facilities shall be permitted, provided that:
(1) Permit. All required permits from the Florida Department of Environmental Protection
and Army Corps of Engineers shall be obtained prior to commencement of construction
and /or issuance of a county permit or Notice to Proceed. r,; ,, to issttane° of a eetta*y
(2) Width. Docks shall not exceed ten percent of the width of the waterbody as measured
laterally across the waterbody from the point of mean low water of the proposed location
of placement prior to construction of any dock, to the opposing point of mean low water,
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prior to construction of any dock. The County Biologist shall use the best available data
to determine the point of low mean water prior to construction of docks
Setback Requirements. No vessel shall be moored or docked or otherwise secured to a
moorin facility acility in such a way that the vessel extends beyond the side property lines
(including g the property line as extended into the water perpendicular to the shorethe property line as extended into the water perpendicular to the shore).
a. Davits shall be set back from the side property lines (including the property line as
extended into the water perpendicular to the shore) the same distance as the required
principal structure setback on the property or five feet, whichever is greater, except
that one davit support may be located within five feet of the property line provided
the davit arm is designed to swing to the interior of the property.
b. Elevator lifts shall be set back a minimum of 7.5 feet from the side property lines
(including the property line as extended into the water perpendicular to the shore),
except that personal watercraft lifts with a maximum capacity of 1,500 pounds shall
be set back a minimum of 5 feet from the side property lines (including the property
line as extended into the water perpendicular to the shore).
c. Floating boat lifts and vessel platforms shall be set back from the side property lines
(including the property line as extended into the water perpendicular to the shore) a
minimum of 10 feet, if installed laterally and a minimum of 5 feet, if installed
perpendicular to the shoreline, so as not to create a navigational hazard.
d. 4 -post hoists /cradle lifts shall be permitted on parcels which are a minimum of 70ft
wide and are located on manmade waterways which are 60 feet wide or greater. 4-
post hoists /cradle lifts shall be set back a minimum of 7.5 feet from the side property
lines (including the property line as extended into the water perpendicular to the
shore). 4 -post hoists /cradle lifts shall also be permitted on parcels located on open
water shorelines (not adjacent to manmade canals, channels, or basins).
(4 -3) Navigable portion. No dock together with a moored vessel and /or lift structure shall
preempt more than 25 percent of the navigable portion of a manmade waterbody. As used
in this section, navigable portion is measured laterally across the waterbody from the
point of mean low water prior to construction of any dock, to the opposing point of mean
low water, prior to construction of any dock. The County Biologist shall use the best
available data to determine the point of low mean water prior to construction of docks
(54) Adjacent parcel. Notwithstanding the provisions of the definitions of "accessory use
or accessory structure" and "adjacent parcel" in -sSection 101 -1, docks or docking
facilities may be constructed on adjacent parcels under the same ownership and within
the same land use (zoning) district, provided that a legally established principal use
and /or structure exists on one parcel. In the event that ownership of the adjacent parcel
containing such an accessory dock is severed from the parcel containing the principal
use /structure, the dock and any other improvements must be removed and the shoreline
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restored unless the new owner can also come into compliance with the adjacency
requirements of this section.
Utilities may be permitted for docks or docking facilities located on such adjacent
parcels, however limited in the following manner:
a. The principal use served by the accessory dock or docking facility shall be a single -
family residence or two - family residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two
circuits. Electric service may be permitted for dock or docking facility use only and
shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a 5/8 inch meter with back -flow preventer which
shall provide service to a single -hose bib located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal
residential use. Use by any other persons or entities shall be expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a
dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live - aboard use of vessels stored at the dock or docking facility is prohibited.
(6) Required conditions. Any docking facility shall meet at l east ere the following
conditions:
a. Docking facilities which do not terminate over seagrass beds or hardbottom
communities must have -Aat least four feet water depth at MLW at the terminal end of
the docking facility, and continuous access to open water;
b. A docking facility that extends across a full ten percent of the width of any body of
water may terminate in water less than four feet at MLW if this water depth occurs
within five horizontal feet of the terminal end of the docking facility such that the
centerline of an average vessel will rest in water of adequate depth, and continuous
access to open water is available;
c. Docking facilities may be developed on the shoreline of lots in a subdivision that was
approved before September 15, 1986, if the docking facility is located in a channel or
canal that was dredged before September 15, 1986, and if there is a MLW depth of at
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least four feet at the terminal end of the docking facility. Such docks shall not exceed
ten percent of the width of the channel or canal; or-and
d. Docking facilities may be pem+4t °4 which terminate over seagrass beds or
hardbottom communities may only be permitted when the water depth at the terminal
platform is at least four feet above the top of all seagrasses, corals, macro algae,
sponges, or other sessile organisms at MLW and continuous access to open water is
available. All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
commencement of construction or issuance of a county `Notice to Proceed'
(7) Location of boat mooring on dockiLig facilities. Except as specified in section 118 -
12(m)(6)b, moored vessels and mooring facilities attached to docking facilities shall not
be located in less than four feet water depth at MLW. If a moored vessel and /or mooring
facility attached to a docking facility acility is located over seagrass beds or hardbottom
communities, it may only be permitted where the water depth is at least four feet above
the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms at MLW
and continuous access to open water is available.
(8) Navigation interference. All docking facilities shall be constructed so as not to interfere
with normal navigation or reasonable access to adjacent docks or moorings.
(9) Primary dock deslyn. Where a mangrove fringe or wetland vegetation exists along the
- shoreline, a dock with a walkway perpendicular to the shoreline, such as a "T" or "L"
dock (subject to the requirements of subsection (m)(14)), shall be the primary design
permitted, unless an alternate design is authorized by State and federal permits.
<Relocated from Section 118- 12(m)(11)>
(lO6) Secure tie -down provisions. All docks with boat lifts, davits or similar lifting
mechanisms shall provide cleats, rings, or similar features that can be used to tie down
the vessel when it is out of the water in order to stabilize the vessel during high winds.
(11) Floating dock allowance. Any docking portions extending over water of at least ffe
s h a l o,wer four feet at mean low water (MLW) may be supported by floats. Floating
docks shall be subject to the length and width requirements of the applicable dock type
(marginal, T -style or Pier).
(12) Floating Boat Lifts and Vessel Platforms. The construction, installation, operation, or
maintenance of floating vessel platforms or floating boat lifts are permitted, provided that
such structures:
a. Float at all times in the water for the sole purpose of supporting a vessel so that the
vessel is out of the water when not in use,
b. Are not for mooring vessels that remain in the water when not in use
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c. Do not substantially impede the flow of water, create a navigational hazard, or
unreasonably infringe upon the riparian rights of adjacent property owners, as defined
in Section 253.141, Florida Statute,
d. Are set back from the side property lines (including g the property property line as extended into
the water perpendicular to the shore) a minimum of 10 feet if installed laterally, and a
minimum of 5 feet if installed perpendicular to the shoreline, so as not to create a
navigational hazard,
e. Are secured to a stationary docking facility and, together with the dock, do not exceed
25% of the navigable portion of a manmade waterbody, as required by subsection
(m)(4) of this section,
f. Are located in at least four feet water depth at MLW,
g. Are not located over benthic resources, and
h. Are not located in manatee zones.
(13 -9) Marginal docks. On shorelines landward of a seawall, revetment or manmade canal or
channel, a dock may run the entire length of the shoreline, parallel to the water's edge,
provided that:
The landward edge of the dock is located entirely on the upland shoreline and no
walkway is needed to provide access to the dock; -ate
b. All portions of the dock that extend over submerged lands are cantilever beam or pile
supported;
c. The dock is located so as to avoid or minimize covering or impacting wetland
vegetation or mangroves, _
d. No 4 -post hoists /cradle lifts shall be permitted on marginal docks located on altered
shorelines adjacent to manmade canals, channels, and basins, unless located in a cut -
in slip, or on a lot having a minimum of 70 feet of shoreline and where such
manmade canal. channel. or basin has a minimum width of 60 feet. as measured from
MLW to MLW prior to construction.
(143) T -style docks.
" <Relocated to Section 118 -
12(m)(6)L> Anv dock with a walkwav Dernendicular to the shoreline. such as a "T" or
"L" dock, shall be designed as follows
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a. The portion of the dock parallel to the shoreline (whether floating or stationary) may
run the entire shoreline length of the parcel and shall not exceed eight 8 feet in
width or ten percent of the width of the waterbody, as required in subsection (m)(2),
whichever is less
b. The dock and walkway shall be located so as to avoid or minimize covering wetland
vegetation or mangroves.
c. The walkway connecting the dock to the shore shall not exceed four feet in width.
One such walkway shall be allowed for every 100 feet of shoreline length or fraction
thereof (for example, 75 feet of shoreline may have one walkway and 101 feet of
shoreline may have two).
d. Where a mangrove fringe or wetland vegetation exists along the shoreline and a "T"
or "L" style dock would extend over more than ten percent of the width of the
waterbody, the county biologist will coordinate with
design v� sha'�es ' '° by the Florida Department of Environmental
Protection and the U.S. Army Corps of Engineers
to evaluate an alternate design Such alternate design shall only have the minimum
deviations from this subsection to address this unique situation. If a mangrove fringe
will be removed, the dock shall not extend more than 20 feet along the shoreline. On
shorelines exceeding 100 feet in length, one such dock shall be allowed for every 100
feet of shoreline.
(15j9) Pier type docks. Pier type docks shall be permitted, provided that:
a. Such structures are oriented approximately perpendicular to the shoreline;
b. Such structures are located in an existing break in the mangroves or shoreline
vegetation; however, if no such break exists, a walkway, no more than four feet in
width, may be cut through the mangroves or shoreline vegetation;
c. Such structures are located such that no portion of the dock (including the terminal
platform) is less than five feet from the side property lines, as extended into the water
DerDendicular to the shore_
d. Such structures do no exceed four feet in width, except for a terminal platform, as
allowed by subsection (m)(15)f,
es. Such structures are no longer than twice the linear shoreline frontage of the parcel or
100 feet, whichever is less. For purposes of this subsection (m)(15 O)es., dock length
shall be measured from MLW out to the waterward extension of the dock. A special
exception may be granted by the dreeter of -P Planning and eEnvironmental
( Director to allow the minimum relaxation of this length restriction as is
necessary to provide the upland owner with access to adequate water depths specified
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for docking facilities. Such special exceptions shall only be granted based on a
written determination that, amongst other criteria, the proposed dock will not be
inconsistent with community character, will not interfere with public recreational uses
in or on adjacent waters, and will pose no navigational or safety hazard. At least 30
calendar days prior to the issuance of a county permit issued under such a special
exception, the air°°*er of pP lanning and eEnvironmental r Director shall
ensure that shoreline property owners within 300 feet of the subject parcel are
notified by regular mail of the proposed special exception in order to allow an
opportunity for appeal; and
M. If proposed, the terminal platform is no wider than eight feet in one dimension and
does not exceed a total of 160 square feet in area. The terminal platform may include
stairways for swimming access, provided that all stairways are contained within the
square footage allowed for the terminal platform. The terminal platform may include
a nonenclosed gazebo that does not exceed 100 square feet in area and the highest
portion of the roof shall be no more than 12 feet above the decking or terminal
platform level.
(n) Water access structures. The following specific types of structures, or portions thereof,
extending over mangroves, wetlands, or submerged lands, shall be permitted only on
shorelines of water bodies other than manmade canals, channels, and basins. All required
permits from the Florida Department of Environmental Protection and the Army Corps of
Engineers shall be obtained prior to commencement of construction or issuance of a county
`Notice to Proceed.' r r to issttanee of a °
(1) Water access walkways. Water access walkways, shall be permitted, provided that such
structures are:
a. Oriented approximately perpendicular to the shoreline;
b. Designed to terminate in water no deeper than twelve inches at MLW or extend
farther than ten feet from the waterward extent of mangroves;
c. Designed so that the decking is elevated at least two feet above MHW, except for a
ramp or stair section at the waterward end which must be limited to no more than ten
foot long;
d. Do not exceed four feet in width and do not include a terminal platform or gazebo or
roof structures;
e. Designated by signs of at least one square foot each to be placed on each side of the
structure that states "No Mooring of Motorized Vessels Allowed "; and
f. Designed not to terminate over seagrasses or hardbottom communities.
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(2) Water observation platforms. Water observations platforms shall be permitted, provided
that such structures are:
a. Oriented approximately perpendicular to the shoreline;
b. Designed to terminate in water no deeper than six inches at MLW or begin the
terminal platform no farther than ten feet beyond the waterward extent of mangroves;
c. Designed so that the top of the decking, including the terminal platform, must be
elevated at least five feet above MHW, except for a ladder or steps that may be added
for swimming access only in the absence of seagrasses or hardbottom communities;
d. Designed with a terminal platform that does not exceed 160 square feet, inclusive of
any steps or ladder. The terminal platform may include a nonenclosed gazebo that
does not exceed 100 square feet in area and the highest portion of the roof shall be no
more than 12 feet above the decking or terminal platform level; and
e. Shall be designed with handrails and designated by signs of at least one square foot
each to be placed on each side of the structure that states "No Mooring of Motorized
Vessels Allowed."
(o) Special approvals.
(1) For structures serving commercial uses, public uses, or more than three dwelling units,
the P lanning and eEnvironmental Rfesources District or the !!planning
Csommission may approve deviations from the requirements of the subsection above as
part of a minor or major conditional use permit. Such approval may include additional
structures or uses, provided that such approval is consistent with any permitted uses,
densities, and intensities of the land use (zoning) district, furthers the purposes of this
section, is consistent with the general standards applicable to all uses, and the proposed
structures are located in a disturbed area of an altered shoreline. Such additional uses are
limited to waterfront dining areas, pedestrian walkways, public monuments or statues,
informational kiosks, fuel or septic facilities, and water - dependent marina uses. Any such
development shall make adequate provision for a water quality monitoring program for a
period of five years after the completion of the development.
(2) For structures serving three or fewer dwelling units the air°^* ^r of pP lanning and
eEnvironmental R r-esources Director may approve designs that address unique
circumstances such as odd shaped lots or shorelines, even if such designs are inconsistent
with the above standards. Such approval may be granted only upon the Planning
Ddirector's written concurrence with the applicant's written finding that the proposed
design furthers the purpose of this section and the goals of the Monroe County
Comprehensive Plan. Only the minimum possible deviation from the above standards
will be allowed in order to address the unique circumstances. No such special approval
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will be available for after - the -fact permits submitted to remedy a code enforcement
violation.
(3) Docks or docking facilities lawfully existing along the shoreline of manmade canals,
channels, or basins, or serving three or fewer dwelling units on any shoreline, may be
expanded or extended beyond the size limitations contained in this section in order to
reach the water depths specified for docking facilities. Any such modifications shall
comply with each and every other requirement of this section and s-Section 118- 10(d).
(4) All principal structures lawfully existing within the shoreline setback along manmade
canals, channels, or basins, on parcels less than 4,000 square feet may be rebuilt in the
same footprint, provided that there will be no expansion of the footprint within ten feet of
the mean high = ( MHW) line and there will be no adverse impacts on stormwater
runoff, navigation or turtle nesting habitat.
(5) In licensed RV parks adjacent to manmade canals, channels, or basins, road ready
vehicles may be parked no closer than ten feet from the mea high = ( MHW) line,
provided that:
a. No previously approved site plan has established shoreline setbacks greater than ten
feet from mean high water (MHW) for RV parking;
b. The total combined area of all structures, principal and accessory, does not occupy
more than 60 percent of the upland area of the required 20 -foot shoreline setback;
c. Shoreline vegetation is protected and any required district boundary bufferyards are
provided;
d. Open space ratios are maintained; and
e. Stormwater runoff from the entire site is managed onsite using best management
practices.
(p) Requirements for marine turtle nesting areas. Notwithstanding the provisions of subsection
(o) of this section, no development other than pile supported docks and walkways designed
to minimize adverse impacts on marine turtles shall be allowed within 50 feet of any portion
of any beach berm complex that is known to be a of is a pofeff 44 nesting area for marine
turtles. Beaches known to serve as nesting areas for marine turtles are those areas
documented as such on the County's threatened and endangered species maps and any areas
for which nesting or nestin attempts ttempts ( "crawls ") have been otherwise documented. Any
development shall comply with sSections 12 -114 through 12 -120.
(1) The 50 -foot setback shall be measured from either the landward toe of the most landward
beach berm or from 50 feet landward of MHW, whichever is less. The maximum total
setback shall be 100 feet from MHW.
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(2) Within known of petetitial nesting areas for marine turtles, as determined by the county
biologist, the state, and /or other appropriate agencies, the county biologist may, in
cooperation with other appropriate agencies, determine that specific segments of
shorelines have been previously, lawfully altered to such a degree that suitable nesting
habitat for marine turtles is no longer present. In such cases, the county biologist in
cooperation with the Florida Department of Environmental Protection may recommend
reasonable measures to restore the nesting habitat. If such measures are not feasible, the
specific requirements of this subsection do not apply. Restoration of suitable nesting
habitat shall be required for unlawfully altered beaches.
(3) Any such dock or walkway shall be designed to the following criteria to minimize
adverse impacts on marine turtles.
a. The structure shall have a minimum horizontal distance of four feet between pilings
or other upright members.
b. The structure shall have a minimum clearance of two feet above grade.
c. If stairs or a ramp with less than the minimum two feet clearance above grade is
required, such stairs or ramp shall be enclosed with vertical barriers no greater than
two inches apart.
(4) All outdoor and indoor artificial lighting complies with -sSections 12 -116 and 12 -117.
Sec. 118 -13. Endangered Species.
(a) Applicability. On parcels that the U.S. Fish and Wildlife Service has determined are within
critical habitat or designated potentially suitable habitat for federally listed threatened or
endangered species, no development shall occur without full compliance with the terms of
this chapter in addition to other applicable regulations, including, but not limited to, section
122 -8
(b) Technical assistance required. For any development permit application filed with Monroe
County for properties located within critical habitat or designated potentially suitable habitat
for federally listed threatened and endangered species that are not included in the U.S. Fish
and Wildlife Service's April 30, 2010 Biological Opinion, and /or are not included in the
species addressed under -sSection 122 -8 of the Monroe County Land Development Code, the
property owner shall be required to consult directly with the U.S. Fish and Wildlife Service
and provide authorization from the U.S. Fish and Wildlife Service to Monroe County before
commencement of development. Any conditions imposed by the U.S. Fish and Wildlife
Service shall be incorporated as conditions of the Monroe County development permit.
Sec. 118 -14. Protection of Freshwater Lenses.
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(a) No new water suply wells, including but not limited to domestic water su ply wells (for
drinking, bathing, eating, cooking or sanitation) and irrigation wells, shall be installed in
areas that have a discernible groundwater freshwater lens.
(b) Existing water suply wells, including but not limited to domestic water su ply wells and
irrigation wells, that are within a discernible groundwater freshwater lens shall be properly
abandoned by pressure -_r outing from bottom to top with neat cement grout in accordance
with plugging requirements described in FDEP Chapter 62- 532.500(4), F.A.C.
Abandonment must be completed prior to issuance of any building permits or modifications
for the property_
(c) Chemicals that have a groundwater cleanup target level in Chapter 62 -777, Florida
Administrative Code shall be protected from entering a groundwater freshwater lens by the
following restrictions on lands overlying a discernible groundwater freshwater lens:
(1) Production of these chemicals is prohibited.
(2) Storage, handling, and use of these chemicals shall be solely for the ofsite maintenance
or operation of the business or residence. Commercial storage, commercial handling, or
commercial use of these chemicals to serve offsite facilities is prohibited.
(3) These chemicals shall be stored, handled, and used only in accordance with the
manufacturer's instructions.
(4) These chemicals shall be stored solely in original consumer packages in which they are
typically distributed for consumer or commercial use, or in other suitable containers
properly labeled so as to indicate their contents.
(5) Liquids that contain these chemicals shall be stored with secondary containment.
Secondary containment shall be an impermeable coating, membrane, surface, or structure
in which tanks or containers are placed. For tanks or containers larger than one hundred
and ten (110) gallons, the secondary containment shall hold at least one hundred and ten
percent (110 %) of the volume of the largest tank or container. For tanks or containers of
one (1) to one hundred and ten (I 10) gallons, the secondary containment shall hold at
least twenty percent (20 %) of the combined volume of all the tanks or containers within
the secondary containment, but no less than the volume of the single largest tank or
container. A double - walled tank is considered secondary containment All materials in a
secondary containment shall be stored in a manner which. in the event of a release.
prevents contact of the chemicals with soil, groundwater, or surface water.
(6) Buildings that contain these chemicals shall have no floor drains or outlets, except those
plumbed to a sanitary sewer system
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(7) Release of these chemicals in any quantity on soils, in groundwater, or in surface waters
is prohibited except when used according to the manufacturer's instructions, including but
not limited to, the quantity and frequency of aplication.
(8) Untreated water that contains these chemicals in concentrations above groundwater
cleanup target levels shall not be released the soil, groundwater, or surface water.
(9) All waste products and containers containing these chemicals shall be properly disposed
of in accordance with federal, state, and county requirements.
Sec. 118 -15. Marina Siting Criteria
(a) The development of new marina facilities shall be located in areas where maximum physical
advantages exist and where no unreasonable or excessive impacts are foreseen on marine
resources. Proposed new marina facilities shall meet the following requirements:
(1) Benthic Vegetation and Hardhottom Communities. Siting of marinas in areas of sea_ grass
or hardbottom (including hard and soft corals) should be avoided. Boat mooring sites
(slips or docks) shall not be located over a seagrass bed community or hardbottom
community regardless of water depth. No impacts to seagrass beds or hardbottom
communities should result from the construction or use of new marina development.
(2) Adequacv of Circulation and Tidal Flushing. The proposed marina site shall exhibit
adequate circulation and tidal flushing. The waterway upon which the marina is
DroDosed to be sited shall meet or exceed State water aualitv standards. and must
currently have "Good" water quality as indicated in the County's most current canal
inventory and assessment data (as applicable). New marina development shall not
adversely impact the quality of water during construction or use.
(3) Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water
depth at mean low water at the marina site (including the mooring slips, turning _ basin.
and access channels), and the water depth shall be continuous to open water over a
channel width of twenty (20) feet. Water depth shall be adequate for the proposed vessel
use such that there be a minimum of one (1) foot clearance between the deepest draft of
the vessel and the bottom at mean low water. Greater water depths shall be required for
those facilities proposed for accommodating vessels having greater than a three (3) foot
draft. Sites shall not require dredging or filling to provide access.
(4) Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered
shorelines as defined in Sec. 101 -1 of the Land Development Code. Minimal
modification to the shoreline shall be permitted per County Land Development Code
Section 118 -1, 118- 12(m), and (o).
(5) Quality of Upland Areas and De gree ofAlteration Necessary. Marinas shall not be sited
on lands designated as Tier I or Tier III -A, if clearing is proposed. Marina development
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shall not adversely impact the upland area of, or adjacent to, a proposed marina site.
Additionally, marinas shall not be permitted on offshore islands or on units of the Coastal
Barrier Resources System (CBRS).
(6) Propeller Dredging Problem Areas. Siting of marinas in areas of sear ass propeller
scarring should be avoided. Marinas shall not be located adjacent to areas of severe
seagrass scarring, based on the most current data available from the Florida Fish and
Wildlife Research Institute.
(7) Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas
shall be sited so as to Drevent impacts to the Florida Manatee. American Crocodile. and
marine turtles and protect their habitat by avoiding areas of known American Crocodile
range, areas with high watercraft Florida Manatee mortality, or areas that include a beach
known to be used for marine turtle nesting. Site characteristics can be assessed using
current data from the Florida Fish and Wildlife Conservation Commission.
(8) Other Significant Resources. No adverse impact shall be permitted on archaeological or
historic resources /sites.
(b) Applicants for new marina development shall be responsible for providing existing physical
and environmental site data specific to the proposed site to demonstrate the marina siting
criteria described above are met.
(c) Applicants for development aproval of marinas with three (3) or more wet slips shall meet
the following:
(1) Monroe County's marina siting criteria (Sec. 118 -15 (a));
(2) Monroe County's dock siting criteria, and
(3) criteria of Rules 62 -312 and 18- 21.0041, F.A.C. and §163.3178(2)(g), F.S.
(d) Applicants for development aproval of docking facilities for fewer than three (3) wet slips
shall meet the following criteria:
(1) Monroe County's dock siting criteria, and
criteria of Rules 62 -312 and 18- 21.0041_ F.A.C.
Sec. 118 -16. Marinas
(a) New marinas, with ten slips or more, or one live- aboard slip, vessel shall provide a fixed
pumpout station.
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(b) All marinas, regardless of size, shall Provide signage conspicuously posted at docka sites
educating the live- aboard Public about the importance of pumping out and giving clear
directions to the nearest pumpout stations.
(c) Existing marinas, which do not have an on -site pumpout station, as identified through the
Monroe County Marine Facility Survey or other best available data sources, shall be notified
in writing of the requirements for on -site pumpout facilities and signage (and any available
funding assistance, such as the DEP Clean Vessel Act grant program) within 18 months after
the adoption this Land Development Code <date >. Such marinas shall have 12 months from
the written notification to provide an on -site pumpout station and associated signage. All
marine facilities and marinas which are required to provide on -site pumpout stations shall
keep those pumpout stations operational, and ensure that pumpout service is available to the
patrons of those marine facilities and marinas.
Secs. 118 - 163-118 -39. Reserved.
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ARTICLE IL RESOURCE EXTRACTION
Sec. 118 -40. General.
All resource exploration and extraction activities in the county shall comply with the provision of
this article in order to ensure that such activities do not adversely affect long -term ecological
values in the county and that abandoned exploration and extraction sites will be restored.
Sec. 118 -41. Resource Exploration and eExtraction *Standards.
(a) New resource exploration and extraction activities and expansions of existing resource
exploration and extraction operations shall be prohibited.
(b) Oil and gas exploration, extraction and production shall be prohibited.
All resource exploration and extraction activities shall:
(1) Be designed so that no area of excavation, storage area for equipment or machinery or
other structure or facility is closer than:
a. Two hundred feet to any property line; and
b. Five hundred feet to any residential or nonresource exploration or extraction related
eemmefeial nonresidential use in existence on the date the permit is issued;
(2) Be located on a parcel of at least 20 acres;
(3) Be fenced or blocked so as to prevent unauthorized entry into the resource exploration or
extraction operation through access roads;
(4) Not involve excavation below 60 feet;
(5) Not cause the introduction of saline aquifer waters into freshwater aquifers;
(6) Involve restoration of disturbed areas at the completion of the resource exploration
or extraction operation in accordance with *Section 118 -42, and the implementation of
the restoration plan shall be is secured by a surety bond or other financial guarantee of
performance approved by the county; -ate
(7) Operate solely between the hours of 8:00 a.m. and 5:00 p.m.; --,
(8) Be conducted in accordance with FDEP standards including FDEP Rule 62C -36
- (Limestone Reclamation Reauirements)_ and
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(9) Utilize methods to Prevent groundwater and surface water contamination during resource
exploration or extraction operations. These shall include but not be limited to the
following:
a. The first flush of runoff from the resource exploration or extraction site shall be
retained on -site,
b. Turbidity controls shall be used to prevent contamination of adjacent off -site surface
waters, and
c. All point sources of pollution shall be managed in accordance with aplicable
regulations of the FDEP and the U.S. Army Corps of Engineers.
(d) An annual permit from the County shall be required for the continued operation of existing
resource exploration or extraction operations. When an aplication for an annual permit for
existing resource extraction operations is submitted, the required groundwater and surface
water quality protection measures shall be outlined by the applicant, and shall be attached as
permit conditions when the permit is issued.
(e) Monitoring shall be required to determine compliance with state water quality standards. In
the event that water quality standards are violated as a result of a minim operation, the
minim activity shall be stopped, and relevant fines and required mitigation of habitat impacts
shall be fulfilled.
Authorization to operate a permitted resource exploration or extraction site shall remain valid
and in force in accordance with the permit(s). Should resource exploration or extraction
activities cease for a period of three (3) years, regardless of permit status, resource
exploration or extraction permission shall expire unless extended. Extension of authorization
from the Planning and Environmental Resources Department shall be requested in writing by
the aplicant or operator and, subject to BOCC's' approval, may be extended for a period of
U to three (3) years.
(g) All existing resource exploration or extraction sites shall register with the County Biologist
by December 30, 2016. Any resource exploration or extraction site for which an aplication
for registration has not been submitted to the County Biologist within the time period
specified above shall lose any vested rights for the operation of the resource exploration or
extraction site. Registration shall be accomplished by providing the following information to
the County Biologist:
(1) Name, address, telephone number of current owner and operator,
(2) Survey with a legal description of the entire site,
(3) Recent aerial imagery of the entire site delineatin areas previously mined and reclaimed,
areas of active minim and areas of future minim, and
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(4) Copies of all other Permits for the resource exploration or extraction operation, including
site plans, operations plans and reclamation plans associated with the permits issued, if
applicable, by the Florida Department of Environmental Protection, South Florida Water
Management District, U.S. Army Corps of Engineers, and U.S. Environmental Protection
Agency.
(h) If a change in the ownership or operator of a mine takes place at any time, the new owner or
operator shall notify the County Biologist, in writing, of the current name, address and
telephone number of the owner and operator of the resource exploration or extraction site.
Notification shall take place within sixty (60) days of the change of ownership or operator.
The transferee shall provide, in a form acceptable to the County Biologist, proof of financial
responsibility as required by subsection 118- 42(c).
(i) The operator of every approved or registered resource exploration or extraction site shall file
a written annual report with the County Biologist within forty-five (45) days after the end of
each fiscal year (September 30th) to include the following:
(1) Identification of lands mined during g the preceding preceding year and lands expected to be mined
during the current year,
Discussion of the reclamation progress for each area where reclamation has been
completed in the last year or where reclamation is in progress and a discussion of
reclamation planned for the current year,
(3) Aerial photographs at a scale of 1 inch = 200 feet or 1 inch = 400 feet (Photos of flight
most recently available through the County, FDOT, NRCS or other agency will be
accepted) showing the extent of land disturbance and reclamation during the last year,
(4) A summary of results of the previous year's environmental monitoring �pro_rg am if
required in the operating permit,
(5) Copies of all related inspection reports not previously furnished which are required by
state, federal, regional or local re_ug latory agencies,
An update on major access routes, impacted intersections closest to the site and Bail
volume of vehicles hauling mined materials; and
(7) A notarized document from a licensed Florida registered Professional Engineer,
Professional Geologist, or an authorized representative familiar with the resource
exploration or extraction activities, certifying that the project is being developed and
operated in strict accordance with the conditions set forth in the aproved permits and
reclamation plan.
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Monroe County Comprehensive Plan Update
Failure to file the required annual progress report shall be grounds for suspension of the
operating permit. An extension of time for filing of 45 additional days may be granted by the
County Biologist upon request and for good cause shown.
Sec. 118 -42. Restoration *Standards.
(a) As a condition of renewal for operating permits, existing resource exploration or extraction
operators shall submit a reclamation plan for approval by the County. If the site has valid and
current permits to operate and such permits do not require reclamation, the operator shall
provide documentation of such to the County.
thhAll parcels of land that are used for resource exploration or extraction operations shall be
restored as follows (unless otherwise specified in valid and current Dermits):
(1) Restoration shall be a continuous process, and each portion of the parcel shall be restored
within two years after resource exploration or extraction is completed for that portion;
(2) Topsoil shall be restored in approximately the same quality and quantity as existed at the
time the resource exploration or extraction operation was initiated;
(3) Any body of water created by the resource exploration or extraction operation shall have
a graded shoreline with a slope not to exceed one Lfoot vertical to five Meet
horizontal from mean high water to a depth of six (6) feet below the mean low water
elevation, unless an alternate slope is approved by the County Biologist. Although no
minimum slope below the littoral zone is required, the slope below the littoral zone shall
be constructed so that natural soil movement will not reduce the littoral zone area. Such
slopes shall be subject to approval by the County Biologist
(4) All equipment, machinery and structures, except for structures that are usable for
recreational purposes or any other use authorized in the area, shall be removed within six
months after the resource exploration or extraction operation is terminated and restoration
is completed; and
(5) Reclamation shall to the maximum extent practical result in the reestablishment of the
vegetation association that existed prior to the exploration or extraction activity or native
habitat appropriate to the area as determined by the County Biologist, subject to the
following:
a. Revegetation of all disturbed areas shall be conducted in a manner so as to achieve
permanent revegetation which will minimize soil erosion and surface water runoff,
conceal the effects of surface mining, and recognize the requirements for appropriate
habitat for fish and wildlife. Should washes, rills, gullies or the like develop after
revegetation and before final County approval of the reclamation area, such eroded
areas shall be repaired and the slopes stabilized.
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b. Vegetation types utilized for revegetation shall consist of species of grasses, shrubs,
trees and aquatic and wetlands vegetation native to the area and well - adapted to the
soil conditions and terrain features prevalent on the site being restored. Nonnative
species may be used upon approval by the County Biologist. However, in no instance
shall any invasive exotic plant species be planted.
(c) Before an operating permit is issued or renewed, the operator shall provide proof of financial
responsibility including a reclamation guarantee to ensure monies will be available to
complete the reclamation plan, subject to the following:
(1) Acceptable forms of the financial guarantee include cash, irrevocable letters of credit, or
surety bonds. The security may be provided in an alternate form acceptable to the County
Attorney. In all cases, the form of the guarantee shall be subject to approval by the
County Attorney,
The amount of the guarantee shall be set by the BOCC, in an amount not less than one
hundred ten percent (110 %) of the estimated cost of reclamation based upon the phase of
work that is being permitted.
(3) The amount required to complete the reclamation may increase or decrease because of,
among other things, progress which has occurred in compliance with the reclamation plan
or changes in technology or inflation. If the owner or operator feels that the amount of the
guarantee held by the County exceeds one hundred ten percent (110 %) of the amount
necessary to complete the reclamation plan, then the owner or operator may submit a
request for a proportionate reduction and return of funds. Such request shall accompany
the annual progress report and shall provide justification for the request. If the County
Biologist feels that the amount of the guarantee held by the County is less than one
hundred ten percent (110 %) of the amount necessary to complete the reclamation, the
County may request additional amounts of guarantee. After review, the County Biologist
shall recommend to the BOCC that the amount of the guarantee be reduced or that
additional guarantee amounts are necessary. The BOCC shall review the recommendation
of the County Biologist and determine the amount by which the guarantee shall be
reduced or increased accordingly. Failure of the operator to post such additional
guarantee amount shall be grounds for suspension or revocation of the operating permit.
Reduction in the amount of the financial security shall not occur more often than once in
each year.
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