Item D2 Chapter 118Monroe County Comprehensive Plan Update
Chapter 118 ENVIRONMENTAL PROTECTION
ARTICLE I. 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 el3sered
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 wishall be prepared by a biologist
qualified under sSection 102 -25 in a form approved by the Planning dDirector of plafming -and
contain, at a minimum, the following:
(a-1) Cover page. The cover page shall contain the following:
Ljje- Legal description of parcel, including the real estate number .,-
1Qb Property owner's name and address ; -
3�-. Date of report and site visits.,
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
�6 e- Consultant's signature.
(b3) Summary. A general description of the site, including discussion of habitat type,
important features, and presence and location of any disturbed areas.
(c3) Plant species list. A list of species found in the survey, and those proposed for removal
(if applicable), p rovided 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
four (4) inches in diameter at breast height (DBH), estimate the total number of plants
on the site regardless of size:
c. For all etheF native species, estimate the total number of plants on the site, and the
number with a DBH of 4 inches or reg ater.
(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
four (4) inches in DBH, indicate the total number of plants to be removed regardless
of size,
c. For all etheF native species, indicate the number of plants to be removed with a DBH
of four (4) inches or red ater.
Common Native Species Reaching Reproductive Maturity
at Less Than Four (4) inches DBH
Beal! �
Callicuipa amen . cana
Cocks ur
Pisollia crcllleata
COCO plurn
Chl" 'sobalalTbms IC
Dahoon holly
Ilex cassille
False willow
Baccharis any u ii olia
Green buttonwood
C'onoca1pu erecnls
I Ca > laris ct-no ?hallo 12 Nora
Jamaica ca er
Limber ca er
Ca r)aris Ilemiosy
,Nlarlberry
Ardisia escallonioides
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-klyrsine
M rsinc toridana
Randia
Randia acideatap
Saltbush
Raccharis hal
Saw almetto
Serenoa re
Silver buttonwood
Conocar ms
Snowberry
Chiococca al
Sriowberry
Chiococca pi
Spanish stopPer
Eta icnia lbetidy
Tallowood
Xintenia aniericana
Wax m rrtle
Awrica ceri era
White stopper
E illaris
Wild coffee
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(d4) Animal species list. A list of the endangered, threatened, or otherwise p rotected 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 f 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 woodrat, the silver rice rat, or the Stock
Island tree snail. survevs for these species may be required in acco rdance with Chapter 122-
(0) Site plan. A site plan at a scale of one inch equals 20 feet or greater showing the location of
the following:
LLall amive plant speeies thm are 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;
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(4) the extent of wetlands: and
(SJareas 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 eCompliance.
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 Ceounty shall be approved by the gFewth managemefOlanning dDirector and the
eCounty oAttorney and recorded in the official public records of the Ceounty 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.
Sec. 118 -4. Wetland eOpen 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 aed-in undisturbed salt
marsh and buttonwood wetlands; the open space requirement is 100 percent.
Allocated density (dwellingunits 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 VPalm #Hammocks.
If a levy- hammock has an abundance and density of thatch palms such that 20 percent of the
dominant canopy plants 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 eCounty IjBiologists recommends an authorized deviation in order to better
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serve the goals, objectives and policies of the Comprehensive pban and the Planning dDirector
r pPlanning eCommission approves the recommendation as a minor or major
conditional use subject to the standards and procedures set forth in Chapter 110, Article I11 No
recommendation for an authorized deviation from these environmental design criteria shall be
made unless the eCounty hBiologist 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) native specimen trees (diameter at breast height that is greater than seventy -five percent
j75 %1 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;
e*ph ted—, and regionally important native plant species_ and al l native `r°°- • ith a diame+°-
greater . In those instances where an applicant can
demonstrate that avoidance of such species or- is not possible by clustering or by an
alternate design approach, then sueh speeies a M tf e es shall be ele °' ° l °
aur-s fy steek of the safne speeies OF equally rare speeies suitable te the site pufsttant fe a
tr- aaspla w i ..l ° ° i n aee eFdanee w ith seetien 119 8 ( ..i ,.,* then
the applicant shall make a payment into the Monroe County Land Management and
Restoration Fund in accordance with Section 118 -8.
(c3) The habitat of dffemeaed and endaageFed- 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 Migratory 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.
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(44) All areas of disturbance shall be managed to avoid the introduction and/or establishment
of the-invasive exotic plant species 4imed -i*as defined in &Section 101 -1.
(0) 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:
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 1 a. (6)a4- of this Section being the most sensitive and
subsection (fl(1)i. of this Ssection being the least sensitive.
a.
Cactus hammock,
b.
Palm hammock•
c.
Beach/berm:
d.
Pinelands;
e.
Hammock
f.
Disturbed beach/berm,
R.
Disturbed with slash pines:
h.
Disturbed with hammock,
i.
Disturbed: and
i.
Disturbed with exotics.
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Development within the least sensitive habitat shall achieve the maximum density or
intensity allowable by eChapter 13 aoiele - , 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.
3�e -._In addition to the requirements of subsections jgI Il (6)a- and (g)(2 ? (6#. of this
Ssection, development shall be clustered within the least ecologically valuable area of
each habitat as determined by the Ceounty Biologist.
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 eCounty 4Biologist, 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 eCounty eEnvironmental I i*Management and
eRestoration €Fund.
(a) Mitigation standards. less alternative or or ma or
to Section 118 the removal of any fie- listed threatened gador
endangered native plant species;, IIy a *pleited, and an- regionally important
native plant species any native plant species that reaches reproductive maturity at less than
four 4) inches DBH as identified in Section 118 -2(c); and al-1 - any other native trees-plant
s ep cies with a diameter at breast height (DBH) of four inches or gr eater than f ••- ine-hes shall
require payment to the Monroe eCounty eEnvironmental 1Land mmanagement and
r-Restoration Eund in an amount sufficient to replace each removed plant or tree on a 2:1
basis as determined in accordance with subsection (b) The number, species, and sizes of
trees and plants to be mitigated shall be identified in the sa e xisting conditions report
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provided pursuant to Section 118 -2 and approved by the eCounty hBiologist in ,,,.eei-dafi
: «i, ti.,, met .+t, i ee ti m; i 14 1 Q1
(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 and updated mmeally by the eCounty hBiologist. This schedule
shall be based on price quotes by at least three private plant nurseries within the Ceounty or
Miami -Dade County.
(c) County environmental land management and restoration fund. The board of eount •
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 *Allowances.
(a) Purpose. It is the purpose of this Ssection 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 opulation
utilizing the development. Native plant communities consi _ required
o en space areas and shall not be cleared or otherwise disturbed, beyond the limits specified
subsection b including ground cover, understory, midstory, and canopy vegetation. All
such areas shall be maintained in their natural condition and shall be protected by a m ant of
conservation easement running in favor of the County
(b) Percentage of clearing. Clearing of upland native vegetation communities in tiers I, II, III,
and III -A shall be limited to the following percentages:
Tier Permitted Clearing*
I 20 percent or 3,000 square feet, whichever is greater; but no greater than 7,500
square feet of upland native v egetati on
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The in fier- 1 be limited te 7,500 feet
elear-ing of pefeels shall sque&e per- pafeel.
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 Ceounty
Bbiologist 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.
40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500
II
square feet of upland native vegetation (Big Pine Key and No Name Key only).
40 percent r 3,000 square feet, whichever is greater;
but no egr ater''° veF the �t of eleafing shad be .- than
7,500 square feet of upland native vegetationvve -area.
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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 Ceounty
B biologist and approved by the pPlanning Qirector. 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 2040 percent of the entire site.
40 percent or 3,000 square feet, whichever is greater; but no greater than
h°•- eveF, °tear -in - shall not eyee 7,500 square feet of upland native vegetation.
,.1. ia ti TTT A ll b li to 7 . ° f ,.t
Th ..l
fiag of p s h p
pafeel. For parcels greater than 30,000 square feet, with the exception of parcels
111 -A Special
on Big Pine Key and No Name Key, clearing for one driveway of reasonable
Protection
configuration up to 18 feet in width is permitted to provide reasonable access to
Area
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 (palm or cactus hammock is limited to only ten percent and the maximum amount
of clearing shall be no more than 3,000 square feet
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(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 Ssection, upland native vegetated areas in
the Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetated
areas.
(e) Big Pine &a and No Name Key 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 Ssection 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
conditional use permits referenced above shall be required to comply with the clearing limits
currently in effect.
Sec. 118-10. Environmental dDesign for s,S,�ecific hHabitat tTypes.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this Ssection.
(41) 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:
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1a. 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
2Q- 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, r-epe -e
wife A--Able. Plastic safety fencing, or similar types that provide o p enings 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.
(b3) 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:
1�. 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
2 - All structures are separated from the body of the pinelands , l . ,,, a li t ..
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, lastic 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.
(g3) 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:
(I)&- All structures are elevated on pilings or other supports.
2 -. 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 pElanning dDirector. If applicable, all such erojects shall require
approval by the Florida Department of Environmental Protection and the U.S. Army
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Monroe County Comprehensive Plan Update
Corps of Engineers prior to the commencement of development or construction and/or
prior to the issuance of a County `Notice to Proceed.' All ....,.h eels shat ro„ . .
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 Biologist .1;,.,., ter- of 1 . . Restoration techniques shall
be designed to achieve the maximum stability possible. Native plants shall be used
exclusively in re- vegetation.
4)d-.. 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:
�„)1 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 r-estfietiefis shall not apply te distwbed wetlands theA have been lawf6lly eefivef4ed
Trimming and/or removal of mangroves shall meet Florida
Department of Environmental Protection requirements.
2Q, Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
Dredging. The following restrictions shall apply to dredging activities:
a4-. No new dredging shall be allowed in the Ceounty 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.
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c3. 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.
44. 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.
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pew. All such projects shall require approval 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.'
f6. Exemptions: <Ordinance 002 -2015 — effective>
Is. 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
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 (cGounty, sState, or
fFederal) for organic material removal; and
iii. Projects are backfilled to a depth of six to eight feet ( 6ft - 8ftJ 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
County Commissioners (BOCC) shall be required prior to issuance of a
Ceounty permit.
2b. 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 proje and a water quality report shall
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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.
Wd- Placement of fill. No fill shall be permitted in any mangroves, wetlands, or
submerged lands except:
a4-. As specifically allowed by this Ssection or by i&ction 118 -12(k) (Bulkheads.
Seawalls. Ripran) and 118 -12 sneffA-'i-~° setb,.ek b "ead Seaw ad
b(Boat (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 Ceounty Bbiologist 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 Ceounty Bbiologist;
44. 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
e5. 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 Ssection.
She-. After-the-fact exclusion. No after - the -fact permits shall be issued that violate the
Ceounty dredge and filling regulations. All fill shall be removed and all damages
mitigated.
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 b a C eounty Bbiologist
using the Keys Wetlands Evaluation Procedure (KEYWEP) 'WEP
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The County Biologist may conduct a current KEYWEP analysis to confirm or
update a parcel's KEYWEP scores.
1.(i) Wetland quality categories based on KEYWEP scoring:
L044 High functional capacity wetlands those wetlands that score at 7.0
higher than 5.5 regardless of previous disturbance. Development is prohibited
under any circumstances.
ii.(G" Moderate functional capacity wetlands those wetlands that score 5.5 or
less belew 7.0 but greater than or equal to 4.6. These wetlands are suitable for
development with appropriate mitigation.
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.(ii} Wetlands determined by KEYWEP to have a high functional capacity (those
wetlands that score at er-above 5_5 :7.0 and r 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.(i4) Wetlands determined by KEYWEP to have moderate or low functional
capacity (those wetlands that score 5.5 or less belew--k.4 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 (ALOE). 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.J e f a , my i u ild:.,R „o...:.
b-;�. 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.
64. 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.
44. Any development within a wetland so filled shall conform to the setbacks established
by the DEP4 and the
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ACOE) permits and to th . if fill so plaeed emends te the
.7 1i e, staadafd minimum yard required by Chapter 131 of this
LDC �aelr��.
Vegetated buffer required between development and wetlands. Except as allowed in
&Section 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:
a +. If a 50 -foot setback results in eless 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.
122. 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:
1.(4) Is planted and maintained in native vegetation meeting the standards of a class
D bufferyard or a bufferyard providing similar protection (&Section 114 -128
Bufferyard standards) with the exception that understory trees may be substituted
for canopy trees;
2.(4) Contains a site - suitable stormwater management plan approved by the
Ceounty Bbiologist; and
L(iii) Is placed under a conservation easement.
c3. 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 state and/or federal permits restrict the fill to the
development area only.
up to a four -foot wide (4ft) boardwalk or similar water- access structure to allow
access to the water. The terms may only be amended if the County Biologist makes
written findings of fact and conclusions of biological opinion that substantiate the
need and /or benefits to be derived from the amendment.
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Sec. 118 -11. Environmental f-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 Bbuilding Qafficial or other
authorized Ceounty 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
Ssection.
(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 Ceounty !!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
Ceounty Bbiologist. 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
Ceounty Bbiologist 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
Ssection, 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 C eounty Aettorney
(5) The restoration work to correct the land clearing violation in accordance with subsections
(b)(1) ---(3) of this Ssection shall be required to receive final inspection approval by the
Ceounty Bbiologist.
(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 eCounty bBiologist pursuant to an approved
phased restoration site plan, all invasive exotic plant species on the most eaFfen` Fie 7 ,
1 =�ce-tie °e= t Plant Gouneii's list of emegor -y 1 or- 11 invasive— e*Atie plaots shall be
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eentiattees'- removed at least quarterly Juring 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
Ssection, 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 Ceounty Bhiologist, 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 Ceounty Bhiologist on an annual basis during the three -year period and shall
require a final inspection at the end of the three -year period. Me-
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 Ssection shall be considered a
violation of this ehapter-- Development Code and subject to code enforcement
proceedings under chapter 8.
(e) The permit holder shall be required through a -st*ety bond 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 Ssection. The estimated
costs of the restoration described in subsection (b) of this Ssection shall be the sum of
subsections (e)(1)a. and (e)(1)b. of this S6ection:
a. One_ hundred percent of the estimated cost of the restoration described in subsection
(b)(1) of this Ssection as estimated by the Ceounty Eengineer; or alternatively, 150
percent of the price of a binding contract for the restoration work required by
subsection (b)(1) of this Ssection, entered into with a contractor qualified to perform
such work.
b. One_ hundred percent of the estimated cost, as estimated by the Bhuilding Oefficial,
of performing the restoration work described in subsections (b)(2) and (b)(3) of this
Ssection; or, alternatively, 150 percent of the price of a binding contract for the
restoration work described in subsections (b)(2) and (3) of this Ssection, entered into
with a state licensed landscape architect.
(2) Form of Guarantee. benti The guarantee suFePf4,4efmI be in a form �
bending eempmy approved by the Planning Director and the C eounty Attoomey. The
guarantee bed -shall be payable to the county in the amount of the estimated total cost for
restoration work as calculated in subsection (e)(1) of this Ssection, 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 bewkhall be conditioned upon final approval by the Ceounty
Bbiologist of the restoration work as stipulated in subsection (c)(2) of this Ssection.
(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 Ssection, the ai- ep Plannin g Director in
consultation with the Ceounty Asttorney, may take the following action: linform the
guarantee beg 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 sSetback.
(a) Purpose. The purpose of this Ssection 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 ineludig 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
Ssection.
(2) Along lawfully altered shorelines adjacent 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 ten (10) feet from the MHW line of the slip or ramp.
(32-) Along lawfully altered shorelines ineluding to manmade canals, channels, and
basins that mare developed with a lawfully established principal use, the --equi ed
setbaek principal structures on parcels less than 4,000 square feet may be- Fedueed-te`
minimumencroach a maximum of ten LLQLfeet 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.
(g) 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 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 me F -(MHW4 line or the landward extent of the
mangroves, whichever is fattrther 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 mean -high ( 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 Ceounty Bhiologist, 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 MHW) line.
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 differ- e€pPlanning and eEnvironmental (Resources 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.
(4�) 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 mean high wet er -(MHW) line or the landward extent of the
mangroves, whichever is fawther landward.
(c) Accessory structures. Accessory structures, as defined in Seection 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 adjacent to manmade canals, channels, and
basins:
a. In no event shall the total, combined area of all structures occupy more than 60
percent 60% of the upland area of the required 20 -foot shoreline setback.
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b. Accessory structur ` hpools, spas, and any screen
enclosure stftietA over pools or spas shall be set back a minimum of ten 10 feet,
as measured from the mean high water4NIHW4 line.
(2) Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which thm-have been altered by the legal placement of fill, and where a mangrove fringe
of at least ten (10) feet in width exists, or native vegetation exists or is planted and
maintained in a ten -foot (10) width across the entire shoreline p f at l east ten feet :n width
eeeur-s aer-oss the eatif:e sher- eline —o the property and is placed under a grant of
conservation easement running in favor of the County
a. In no event shall the total combined area of all structures occupy more than 30
percent 30% of the shoreline setback required for the principal structure
b. Accessory structures including, but not limited to, pools, spas, and any screen
enclosure 4fue4ffes --over pools or spas, other than docks and erosion control
structures shall be set back a minimum of 15 feet as measured from the meem
er4MHW4 line or the landward extent of the mangroves, whichever is fawther
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
Section 118- 12(b)(4)b.:
a. In no event shall the total.- combined area of all structures occupy more than 30
percent (30 %) of the shoreline setback required for the principal structure.
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 upland 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 30% of the shoreline setback required for the principal structure
b. Accessory structures including, but not limited to, pools, spas, and any screen
Msure4f" over pools or spas, other than docks and erosion control
structures, shall be set back a minimum of 25 feet, as measured from the mph
(MHW) line or the landward extent of the mangroves, whichever is fatirther
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 ehapWfLand 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 aii a screen enc osure ovN shall be
allowed within the shoreline setback. Neftemiesed Gazebos must be detached from any
principal stricture on the parcel. No decks or habitable spaces shall be constructed on the
roof of any nefienelesed -gazeb . 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. Non-enclosed 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, submerged seagrasses or hardbottom communities.
The roof and supporting members of a boat shelter may extend up to two feet (2ft) 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,
h2gkf@fflft and retaining walls. Pier docks and mooring facilities such as davits, elevator
lifts, floating boat lifts and floating g essel platforms shall be set back a minimum of five (5)
feet from the side property lines (including the property line as extended into the water
perpendicular to the shore), or as specified within Section 118 -12(m) Docking Facilities,
whichever is rg eater.
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 if whetker-- 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 pennitted, provided
that:
(1) Bulkheads, seawalls and/or riprap may be allowed as- 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.
(S) 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 thaw is known to be or
is potential nesting area for marine turtles as determined by the Ceounty Bhiologist, the
state, and/or other appropriate agencies. Within known or potential nesting areas, the
Ceounty Bhiologist 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 Ceounty Bhiologist 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 Ceounty Bhiologist that the project has a valid public purpose that furthers the
goals of the Monroe County Comprehensive Plan.
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(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.'
5"eh PFOjeets shall r-e a! by the Florida DePA-4-m-Wint A-9
(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 MEW line. This area shall be subtracted from the total area allowed for
structures in the shoreline setback in &Section 118- 12(c).
(5) A maximum of two accessory docks. abutting either or both sides of the ramp, are
allowed provided setback requnents are met These docks may extend beyond MHW,
but shall comply with all requirements of this Section and &Section 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 Ceounty `Notice to Proceed.' pexait.
(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 Ceounty permit or `Notice to Proceed.'
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(2) Width. Docks shall not exceed ten percent—(LO—O/—oj of the width of the waterbody as
measured laterally across the waterbody from the point of mean low water MLW of the
proposed location of placement 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 MLW prior to construction of docks Min open water shorelines adjacent to manmade waterways where no breakwater, rip -rap. or
structure(s) exists along the outside of the waterway, the opposinfia�t of mean low
� .be oa : ^f_t�,Q ta� dmd Am&
(3) Setback Requirements. No vessel shall be moored or docked or otherwise secured to a
mooring facility in such a way that the vessel extends beyond the side property lines
(including the 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 Oft), whichever is greater
except that one (1 ) davit support may be located within five feet Oft) 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 pounds shall
be set back a minimum of five (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 five (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 that are a minimum of 70 feet
wide and are located on manmade waterways that 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).
(Y) 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 ffffi*wJ*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
hest available data to determine the noint of mean low water Drior to construction of
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breakwater, rip -rap, or structure(s) exists along the outsid
noiat of mean low water shall be measured as the edge of the lawfully dredged area..
(54) Adjacent parcel. Notwithstanding the provisions of the definitions of "accessory use
or accessory structure" and "adjacent parcel' in 6ection 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
restored unless the new owner can also come into compliance with the adjacency
requirements of this Ssection.
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 is Shall be 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.
(63) Required conditions. Any docking facility shall meet at least e~e f the following
conditions:
a. Dockine facilities that do not terminate over sea2rass beds or hardbottom
communities must have Aat least four feet t4ftl of water depth at MLW at the
terminal end of the docking facility, and continuous access to open waterjl benthic
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survey shall be submitted to dot
and/or hard ottomsomm ties
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
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; ef-and
d. Docking facilities that May b ..°,.., hi .,,hi 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 o en w
navigable de is available. A bent survey sh ad be submitted to doci'":
or absent b ` Itiem 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 Ceounty `Notice to Proceed.'
( ) Location of boat mooring on docking 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 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.
(88) 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 design. 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)>
(106) 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.
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(11) Floating dock allowance. Any docking portions extending over water of at least ee
shalleweF fha four feet at mean low w 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;
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 the property line as extended into
the water perpendicular to the shore) a minimum of 10 feet if installed laterally, and a
minimum of five (5) feet if installed perpendicular to the shoreline, so as not to create
a navigational hazard:
e. Are secured to a stationary docking facility acility 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 (4) feet water depth at MLW:
g. Are not located over benthic resources: and
h. Are not located in manatee zones.
(138) 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:
a. 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,-
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d. No 4 -12ost 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.
(141) T -style docks. Whefe a mangFov fii vegetatieft exists along the
"b" deek, shall be the de * —., + + ° ;a <Relocated to Section 118 -
12(m)ME> Anv dock with a walkwav Derpendicular to the shoreline, such a a "T" or
"L" dock, shall be designed as follows
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 €tee 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 Ceounty Bl iologist will coordinate
with the Florida
Department of Environmental Protection and the U.S. Army Corps of Engineers -pfw
f° issuanee of a eetinty pe 1+4 to evaluate an alternative design Such alternat
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.
(15-1-9) 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 Meet in
width, may be cut through the mangroves or shoreline vegetation;
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as extended into the water perpendicular to the shore;
d. Such structures do not exceed four (4) feet in width, except for a terminal platform, as
allowed by subsection (m)(1 5X.
ee. 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+8)ee., dock length
shall be measured from MLW out to the waterward extension of the dock. A special
exception may be granted by the Planning and eEnvironmental
FResources 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
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 teeter•- efpPlanning and eEnvironmental (Resources 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
fd. If proposed, the terminal platform is no wider than eight afeet 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 non-enclosed 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 ]2rior to commencement of construction or issuance of a County
`Notice to Proceed.'
(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 4x— twelve (12) inches at MLW or
extend farther than ten feet from the waterward e xtent of mangroves;
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c. Designed so that the decking is elevated at least two alfeet above MHW, except for
a ramp or stair section at the waterward end which must be limited to no more than
ten 10 foot long;
d. Do not exceed four Meet 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.
(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 f6Linches at MLW or begin the
terminal platform no farther than ten 10 feet beyond the waterward extent of
mangroves;
Designed so that the top of the decking, including the terminal platform, must be
elevated at least five Meet 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 non - enclosed 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 di- p Planning and eEnvironmental Rfesources Directors4iet - or the Pplanning
Ceommission 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
sSection, 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
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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 Layears after the completion of the development.
(2) For structures serving three or fewer dwelling units the dimeter- ef-pPlanning and
eEnvironmental Rresources 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 Secction 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
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 Ssection in order to
reach the water depths specified for docking facilities. Any such modifications shall
comply with each and every other requirement of this Seection and &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 LUO
feet of the mesa high r• -(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 10 feet from the MHW4
line, provided that:
a. No previously approved site plan has established shoreline setbacks greater than ten
10 feet from fnean high watw4MHW) 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.
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(p) Requirements for marine turtle nesting areas. Notwithstanding the provisions of subsection
(o) of this Ssection, 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 or is a potential 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 nesting 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.
BEACH AREA WITH 5ERM5
MAXIMUM q0' -O" SET BACK
/ BO' -0
SETBACK
40' -O"
MOST BERM
NON -PILE LANDWARD
SUPPORTED BERM
STRUCTURE
LANDWARD TOE
OF BERM
MEAN HI&H
WATER
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5EACH AREA WITHOUT 5ERM5
50' -O"
SETBACK
100' -0" TOTAL SET BACK
50' -O"
NON -PILE
SUPPORTED
STRUCTURE
MEAN HI&H
WATER
(2) Within known or potential nesting areas for marine turtles, as determined by the Ceounty
Bbiologist, the state, and /or other appropriate agencies, the Ceounty Bbiologist 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 Ceounty Bbiologist 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 (eet between
pilings or other upright members.
b. The structure shall have a minimum clearance of two Meet above grade.
c. If stairs or a ramp with less than the minimum two Meet clearance above grade is
required, such stairs or ramp shall be enclosed with vertical barriers no greater than
two ahinches apart.
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(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, Ssection
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.
(a) No new water supply wells, including but not limited to domestic water supply 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 supply wells, including but not limited to domestic water supply wells and
irrigation wells- that are within a discernible groundwater freshwater lens shall be properly
abandoned by pressure- grouting 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, F.A.C., 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 onsite 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.
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(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 110 alg lons,
the secondary containment shall hold at least 110% of the volume of the largest tank or
container. For tanks or containers of one (1) to 110 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.
(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 qpplication.
(8) Untreated water that contains these chemicals in concentrations above groundwater
cleanup target levels shall not be released to 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) Siting criteria. 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 hardbottom communities. Siting of marinas in areas of seagrass
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) Adequacy of circulation and tidal flushing. The proposed marina site shall exhibit
adequate circulation and tidal flushing. The waterway upon which the marina is
proposed to be sited shall meet or exceed state water quality standards, and must
currently have "Good" water quality as indicated in the County's most current canal
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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) feeeet of water
depth at MLW 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 MLW. 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 degree of alteration necessary. Marinas shall not be sited on
lands designated as Tier I or Tier III -A, if clearing is proposed. Marina development
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 seagrass 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 prevent 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 approval of marinas with three (3) or more wet slips shall meet
the following:
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( 1) Monroe County's marina siting criteria (Sec. 118 -15 (a)):
(2) Monroe County's dock siting criteria (Sec. 118 -11(m) ): and
(3) criteria of Rules 62 -312 and 18-2 1, F.A.C. and S163.3178(2)(&
(d) Applicants for development approval of docking facilities for fewer than three (3) wet slips
shall meet the following criteria:
(1) Monroe County's dock siting criteria (Sec. 118 -11(m)
(2) criteria of Rules 62 -312 and 18- 21.0041. F.A.C.
Sec. 118 -16. Marina
(a) New marinas and marine f hud with ten slips or more, or one Ilve aboard
slip, shall provide a fixed pumpout station.
(b) S&nq,-ej All marinas, regardless of size, shall provide signs eg conspicuously posted at
dockage sites educating the live - aboard public about the importance of pumping out and
giving clear directions to the nearest pumpout stations.
(c) xistirlg� Existing marinas mine facilities that k 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
provide an on -site pumpout station and associated signage All marine facilities and marinas
thatwh" 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 II. RESOURCE EXTRACTION
Sec. 118 -40. General.
All resource exploration and extraction activities in the Ceounty 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 Ceounty and that abandoned exploration and extraction sites will be restored.
Sec. 11841. Resource Exploration and eExtraction &Standards.
(a) New resource exploration and extraction activities and expansions of existing resource
exploration and extraction operations shall be prohibited.
C(LAII 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
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) N ot involve excavation 60 feet' -;
(5) W4 *Not cause the introduction of saline aquifer waters into freshwater aquifers;
(6) 414 1nvolve restoration of disturbed areas at the completion of the resource exploration
or extraction operation in accordance with sSection 118 -42, and the implementation of
the restoration plan shall be is secured by a surety bond or other financial gu arantee of
performance approved by the Ceounty; -aa*4
(7) Operate solely between the hours of 8:00 a.m. and 5:00 p.m.y
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Monroe County Comprehensh a Plan Update
(8) Be conducted in accordance with FDEP standards including FDEP Rule 62C -36
(Limestone Reclamation Requirements), and
(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 adiacent off -site surface
waters: and
c. All point sources of pollution shall be managed in accordance with applicable
regulations of the FDEP and the U.S. Army Corps of Engineers.
(e) An annual permit from the County shall be required for the continued operation of existing
resource exploration or extraction operations. When an application for an annual permit for
existing resource extraction operations is submitted, the required groundwater and surface
water duality protection measures shall be outlined b,, t�pplicant, and shall be attached as
permit conditions when the permit is issued.
(fl 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 mining operation, the
mining activity shall be stopped, and relevant fines and required mitigation of habitat impacts
shall be fulfilled.
(g) 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 applicant or operator and, subject to BOCC's' approval, may be extended for a period of
np to three (3) years.
(h) All existing resource exploration or extraction sites shall register with the County Biology
by December 30, 2016. Any resource exploration or extraction site for which an application
for registration has not been submitted to the Counly 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, and telephone number of current owner and operator:
(2 ) Survey with a legal description of the entire site:
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(3) Recent aerial imagery of the entire site delineating areas previously mined and reclaimed,
areas of active mining and areas of future mining; and
(4) Copies of all other permits for the resource exploration or extraction operation, including
site plans, operations plans and reclamation plans associated with the hermits 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
A gency.
(ih)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�0) 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).
(4) The operator of every approved or registered resource exploration or extraction site shall file
a written annual report with the County Biologist within f t days after the end of
each fiscal year (September 30th) to include the following;
(1) Identification of lands mined during the preceding year and lands expected to be mined
during the current year,
(2) 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_ program 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 regulatory agencies:
(6) An update on major access routes, impacted intersections closest to the site and daily
volume of vehicles hauling mined materials: and
7) A notarized document from a licensed Florida re gistered professional engineer
professional geologist or an authorized representative farmliar 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 approved permits and
reclamation plan.
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Failure to file the required annual progress ss report shall be grounds for suspension of the
operating_ permit. An extension of time for filing of 45 additional days maye 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.
(bjAll parcels of land that are used for resource exploration or extraction operations shall be
restored as follows (unless otherwise specified in valid and current permits)
(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 LD — foot vertical to five U5 — feet
horizontal from mean high water (MEW) to a depth of six 6) feet below the mean low
water (MLW) 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, subiect 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.
(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.
(2) The amount of the guarantee shall be set by the BOCC, in an amount not less than am
hundr-ed ten 110 %3 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_proaress that wkie# -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 l 10 1 /04 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 ss 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 hundFed `en ,.em ' 110 %a of the amount necessary to complete the
reclamation, the County maw 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
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instance shall any invasive exotic plant species be planted.