Item I4J/5
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: I.4
Agenda Item Summary #6516
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
n/a
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider an ordinance
amending section 6-100 of the Monroe County Code of Ordinances for certain permit exceptions
related to pruning, trimming or the removal of trees.
ITEM BACKGROUND: Section 6-100 of the Monroe County Code of Ordinances and Section
114-103 of the Monroe County Land Development Code require a development permit for the
removal of certain native vegetation and Section 118-8 of the Monroe County Land Development
Code requires mitigation for the removal of certain native vegetation.
The Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating Section 163.045,
F.S.; prohibiting local governments from requiring notices, applications, approvals, permits, fees, or
mitigation for the pruning, trimming, or removal of trees on residential property if a property owner
obtains specified documentation; and prohibiting local governments from requiring property owners
to replant such trees. This law was approved by the Governor June 26, 2019 and became effective on
July 1, 2019. The Planning and Environmental Resources Department recommends amending
Section 6-100 to incorporate the changes made in state law and clarify existing language, as follows:
Qbdlfu!Qh/!2435
J/5
Note, the Planning and Environmental Resources Department also is recommending amendments to
Section 101-1 to add definitions for hazardous vegetation, major pruning, and tree abuse; and to
Section 114-103 to provide for a pruning and tree removal permit, fee and mitigation exemption as
provided by state statute, and incorporating a temporary permitting suspension by the BOCC for the
pruning or removal of native hazardous vegetation after a natural disaster. These amendments are
proposed separately, as Land Development Code amendments follow a different statutory approval
process.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to advertise a Public Hearing for March 18, 2020 at
the Murray E. Nelson Government Center.
DOCUMENTATION:
Proposed amendment to Section 6-100_BOCC approval to advertise
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Qbdlfu!Qh/!2436
J/5
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Michael Roberts Completed 01/30/2020 8:48 AM
Emily Schemper Completed 01/30/2020 10:23 AM
Rick Griffin Completed 01/30/2020 10:54 AM
Assistant County Administrator Christine Hurley Completed
01/30/2020 2:40 PM
Steve Williams Completed 01/31/2020 11:12 AM
Budget and Finance Completed 01/31/2020 3:42 PM
Maria Slavik Completed 02/03/2020 9:18 AM
Kathy Peters Completed 02/03/2020 2:39 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
Qbdlfu!Qh/!2437
J/5/b
Ex. 3
1
2
3
4
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. ____ - 2020
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE OF ORDINANCES SECTION 6-100, FOR CERTAIN
14 PERMIT EXCEPTIONS RELATED TO PRUNING, TRIMMING,
15 OR REMOVAL OF TREES; PROVIDING FOR SEVERABILITY;
16 PROVIDING FOR REPEAL OF ALL ORDINANCES
17 INCONSISTENT HEREWITH; PROVIDING FOR
18 INCORPORATION INTO THE MONROE COUNTY CODE OF
19 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
20 ______________________________________________________________________________
21
22 WHEREAS, Section 6-100 of the Monroe County Code of Ordinances and Section 114-
23 103 of the Monroe County Land Development Code require a development permit for the
24 removal of certain native vegetation and Section 118-8 of the Monroe County Land
25 Development Code requires mitigation for the removal of certain native vegetation, and
26
27 WHEREAS, the Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating
28 Section 163.045, F.S.; prohibiting local governments from requiring notices, applications,
29 approvals, permits, fees, or mitigation for the pruning, trimming, or removal of trees on
30 residential property if a property owner obtains specified documentation; and prohibiting local
31 governments from requiring property owners to replant such trees; and
32
33 WHEREAS, the law was approved by the Governor June 26, 2019 and became effective on
34 July 1, 2019; and
35
36 WHEREAS, the Board of County Commission makes the following Conclusions of Law: 1)
37 the ordinance is consistent with the Principles for Guiding Development in the Florida Keys
38 Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent of
39 the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the provisions
40 and intent of the Monroe County Code;
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
43 COUNTY COMMISSIONERS:
44
45 Section 1. Section 6-100 of the Monroe County Code shall be amended as follows (deletions are
46 stricken through and additions are underlined):
Buubdinfou;!Qspqptfe!bnfoenfou!up!Tfdujpo!7.211`CPDD!bqqspwbm!up!bewfsujtf!!)Bnfoe!Tfdujpo!7.211!dpnqbojpo!up!IC!226:!usff
47
Qbdlfu!Qh/!2438
J/5/b
Ex. 3
1 Sec. 6-100. - Permits required.
2 (a) Bqqmjdbcjmjuz/ A permit shall be required for all work shown in the following table, except where
3 specifically exempted this section.
Xpsl!Sfrvjsjoh!b!Qfsnju Sftjefoujbm!Fydfqujpot+
Tjuf!qsfqbsbujpo!jodmvejoh;!mboe!dmfbsjoh-!
qmbdfnfout!pg!gjmm-!fydbwbujpo-!boe!cmbtujoh<!Opof/!Ipxfwfs-!op!gff!)jodmvejoh!fevdbujpo<!dpousbdups!
ipxfwfs-!op!qfsnju!gps!tjuf!qsfqbsbujpo!jowftujhbujpo<!ps!ufdi!gfft*!tibmm!cf!dibshfe!gps!jowbtjwf!
nbz!cf!jttvfe!fydfqu!jo!dpokvodujpo!xjui!fypujd!wfhfubujpo!sfnpwbm!jg!qfsnju!jt!opu!dmbttjgjfe!bt!
uif!ftubcmjtinfou!pg!b!vtf!ps!tusvduvsf!dmfbsjoh!boe!hsvccjoh/
bmmpxfe!jo!uif!mboe!vtf!ejtusjdu/
A permit is not required for the removal of ten or fewer
stems of invasive exotic vegetation on parcels with a
lawfully established principal use; however, this exemption
shall not apply if the removal is part of a larger clearing
Removal of invasive exotic vegetation
operation undertaken in segments within any one calendar
year, whether by the same or different contractors and/or the
property owner or if undertaken in conjunction with any
construction.
A permit or mitigation is not required if a property owner
obtains documentation from an arborist certified by the
Pruning, trimming, or removal of trees International Society of Arboriculture or a Florida licensed
landscape architect that a tree presents a danger to persons
or property.
Residential demolition where the fair market value of the
Demolition demolition work is less than $2,500.00 and all pertinent
utilities have been properly disconnected.
Tie downs of habitable structures None
Those signs that are specifically exempt from permit
requirements pursuant to part II of this Code; however, in no
Signs
case shall a sign be exempt if its installation represents a
threat to life and safety.
Fences None
None. Effective July 1, 2013, sheds are no longer exempt
Sheds
from permitting per this Section.
Chickees not constructed by Miccosukee or
None
Seminole Indians
Interior remodeling where the fair market value of such
Any new construction and remodeling
work is less than $2,500.00 and there is no change in the
work of principal and accessory structures
original size or configuration.
Exterior and interior painting of single- and two-family
residential buildings.
Installation of carpeting and floor coverings in single- and
Buubdinfou;!Qspqptfe!bnfoenfou!up!Tfdujpo!7.211`CPDD!bqqspwbm!up!bewfsujtf!!)Bnfoe!Tfdujpo!7.211!dpnqbojpo!up!IC!226:!usff
Qbdlfu!Qh/!2439
J/5/b
Ex. 3
two-family residential buildings that have previously been
inhabited, if the fair market value of the work is less than
$5,000.00.
Normal maintenance or ordinary minor repairs where the
fair market value of such work is less than $2,500.00.
All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where the
plumbing trades fair market value of such work is less than $2,500.00.
The installation of satellite antennas and microwave
receiving antennas that do not exceed one meter in diameter
but only where mounted on existing buildings or structures.
All work subject to the floodplain
Normal maintenance or ordinary minor repairs where the
management requirements of part II of this
fair market value of such work is less than $2,500.00.
Code
Resource extraction activities (as defined in
None
part II of this Code)
Any work involving life safety None
1 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction, repair, remodeling or improvement work is a part of a larger or major operation, whether
4 undertaken by the same or different contractor. NO EXCEPTIONS apply to work conducted below base
5 flood elevation and/or subject to the floodplain management requirements of the Monroe County Code to
6 structures located within a Coastal Barrier Resource System (CBRS) or structures located within flood
7 zone AE or flood zone VE. All residential work that is exempt from Monroe County permitting shall still
8 comply with the Florida Building Code, this chapter, and part II of this Code and shall be subject to code
9 compliance.
10 (b) Tfqbsbuf!qfsnju!sfrvjsfe/ A separate permit shall be required for each principal structure and any
11 dock, seawall, and riprap accessory structure.
12 (c) Cmbolfu!jowbtjwf!fypujd!sfnpwbm!qfsnju/ An annually renewable blanket permit for the removal of
13 invasive exotic vegetation is available to not-for-profit conservation agencies as approved by the
14 county biologist.
15 * * * * *
16
17 Section 2. Severability.
18
19 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
20 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
21 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
22 circumstances, such holding shall not affect its applicability to any other person, property or
23 circumstances.
24
25 Section 3. Conflicting Provisions.
26
27 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
28 extent of said conflict.
Buubdinfou;!Qspqptfe!bnfoenfou!up!Tfdujpo!7.211`CPDD!bqqspwbm!up!bewfsujtf!!)Bnfoe!Tfdujpo!7.211!dpnqbojpo!up!IC!226:!usff
29
Qbdlfu!Qh/!243:
J/5/b
Ex. 3
1 Section 4. Inclusion in the Code of Ordinances.
2
3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
4 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
5 appropriately renumbered to conform to the uniform numbering system of the Code.
6
7 Section 5. Transmittal and Effective Date.
8
9 This Ordinance shall be filed with the Department of State and shall be effective as provided in
10 section 125.66(2)(b), Florida Statutes.
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
13 Florida, at a regular meeting held on the day of , .
14
15 Mayor Heather Carruthers _______
16 Mayor Qsp!Ufn Michelle Coldiron _______
17 Commissioner Craig Cates _______
18 Commissioner David Rice _______
19 Commissioner Sylvia Murphy _______
20
21
22 BOARD OF COUNTY COMMISSIONERS
23 OF MONROE COUNTY, FLORIDA
24
25 BY ______________________________
26 MAYOR HEATHER CARRUTHERS
27
28 (SEAL)
29
30 ATTEST: KEVIN MADOK, CLERK
31 ____________________________________
32 DEPUTY CLERK
33
34
35
36
Buubdinfou;!Qspqptfe!bnfoenfou!up!Tfdujpo!7.211`CPDD!bqqspwbm!up!bewfsujtf!!)Bnfoe!Tfdujpo!7.211!dpnqbojpo!up!IC!226:!usff
Qbdlfu!Qh/!2441