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Item H5 � H.5 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: H.5 Agenda Item Summary #6735 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 11:00 AM Requested AGENDA ITEM WORDING: Presentation to the Monroe County Board of County Commissioners on the Florida Department of Environmental Protection Resilient Coastlines Program Grant to Update and Reorganize Elements of the Monroe County Comprehensive Plan to Incorporate Climate Change-Related Vulnerability and Adaptation Information and to Address Recently Enacted "Peril of Flood" Legislation Under Chapter 163, Florida Statutes. ITEM BACKGROUND: The Florida Department of Environmental Protection ("FDEP") awarded Monroe County a Resilient Coastlines Program Grant to update and reorganize elements of the Monroe County Comprehensive Plan to incorporate vulnerability and adaptation information,primarily in the County Comprehensive Plan's Conservation and Coastal Management Element. This grant's scope of work continues Monroe County's historical efforts to increase the County's resiliency through Comprehensive Plan amendments to: 1) Address recent "Peril of Flood" state legislation through organizational and text amendments; and 2) To prepare updates to one or more Comprehensive Plan Elements to incorporate the County's past county-wide vulnerability work that includes but is not limited to: • An initial vulnerability assessment; • A pilot road elevation analysis; • A set of interim road elevation design criteria; and • Recent NOAA-funded Hazus modeling. Task 1. Gap Analysis to Support Future Amendments to the Monroe County Comprehensive Plan. Data gaps (and related data needs) must be identified in order to update and reorganize elements of the Comprehensive Plan to incorporate vulnerability and adaptation information, primarily in the Comprehensive Plan's Conservation and Coastal Management Element. Two questions that must be successfully resolved in order to furnish sound bases for such Comprehensive Plan amendments moving forward are "First, what do we have?" and "Second, what do we need?" Monroe County has Packet Pg. 2054 H.5 so far completed extensive work in its GreenKeys planning efforts, has gathered county-wide mobile LiDAR, has updated its modeling using Hazus, and has commenced a county-wide adaptation and vulnerability analysis of roads. Analysis of all of these data-sets will be critical to developing the County's policy priorities in future Monroe County Comprehensive Plan amendments addressing recent "Peril of Flood" legislation under Chapter 163, Florida Statutes. Ultimately, a single deliverable under this task will include providing a "Gap Memorandum" identifying current and needed data necessary for these expected future amendments to the Monroe County Comprehensive Plan's Conservation and Coastal Management Element. Task 2. Draft Amendments to the Monroe County Comprehensive Plan, Including But Not Limited to Addressing the State's Recently Enacted "Peril of Flood" Legislation. This task includes a review of the 2030 Monroe County Comprehensive Plan to formulate a strategy to develop future Comprehensive Plan amendments to address recent "Peril of Flood" legislation under Chapter 163, Florida Statutes. Monroe County has already accomplished much with the adoption of its Energy and Climate Element into the County Comprehensive Plan, all of which pre- dated the state's recently enacted "Peril of Flood" legislation. Monroe County's GreenKeys Climate and Sea Level Rise Plan was adopted around that same time, and Monroe County has since then commenced several vulnerability and data initiatives geared toward developing County policy priorities accounting for the warming of global surface temperatures and resulting rising seas being wrought by climate change. Monroe County is, via this grant's scope of work, seeking to significantly update its Comprehensive Plan, particularly within the Comprehensive Plan's Conservation and Coastal Management Element, to address recent state "Peril of Flood" legislation under Chapter 163, Florida Statutes, as well as to reorganize Monroe County's Goals, Objectives, and Policies related to climate change's effects and impacts of warming the planet and raising the sea level. Task 3. Internal and External Engagement with Regional Collaboration. The grant's scope of work includes internal, external, and regional engagement components that will ensure internal vetting as well as strong public involvement. After the initial draft of such amendments, a public workshop series will be undertaken, in three (3) locations in the Upper, Middle, and Lower Keys, in order to maximize public involvement opportunities. A Board of County Commissioners briefing will also occur during the engagement process, in order to provide an additional opportunity for public input. The public meetings originally scheduled for March 171h 18th and 23rd, were all postponed due to executive orders and emergency orders and directives issued in the wake of the ongoing COVID-19 pandemic, and will be rescheduled to a later date. This briefing shall satisfy the BOCC briefing requirement of this grant. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Packet Pg. 2055 H.5 DOCUMENTATION: Task 1 Gap Analysis FINAL Task 2.1 Review Memorandum FINAL 102419 Task 2.2 Coastal and Conservation Element POF Amend 120919 FINANCIAL IMPACT: Effective Date: Expiration Date: 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: NONE REVIEWED BY: Emily Schemper Completed 04/29/2020 11:29 AM Assistant County Administrator Christine Hurley Completed 04/29/2020 1:47 PM Peter Morris Completed 04/30/2020 9:14 AM Purchasing Completed 04/30/2020 9:17 AM Budget and Finance Completed 04/30/2020 10:06 AM Maria Slavik Completed 04/30/2020 11:19 AM Kathy Peters Completed 04/30/2020 4:58 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 2056 To: Michael Roberts, CEP, PWS, Assistant Director/Environmental Resources Monroe County, Florida From: Erin Deady, Esq., Project Manager Rachel A. Streitfeld, Esq. Re: Monroe County, Gap Analysis to Support Comprehensive Plan Amendments Memorandum, Deliverables C.1-2 Date: September 25, 2019 1. Executive Summary Pursuant to Deliverable C.1-2, this Gap Analysis memorandum identifies existing and needed data to support future amendments to the Monroe County(County)Comprehensive Plan E for consistency with Section 163.3178(2)(f), Fla. Stat. (Peril of Flood Law). The Gap Analysis is intended to guide the development of Comprehensive Plan amendment language and support materials. Analysis of existing data and identification of data gaps will inform development of existing Goals, Objectives, and Policies within the Comprehensive Plan (GOPs) and creation of new GOPs to ensure compliance with the Peril of Flood Law. This Gap Analysis provides an overview of the Peril of Flood Law, as well as an analysis of existing Comprehensive Plan language that addresses the statutory section, and recommends T revisions to the Comprehensive Plan to ensure consistency with the Peril of Flood Law. U. The Peril of Flood Law Section 163.3178(2)(f), Fla. Stat. was amended in 2015 (known as the "Peril of Flood legislation"and referred to herein as the"Peril of Flood Law")to protect coastal resources against sea-level rise and other climate change-related impacts. The Florida legislature codified its intent in passing the Peril of Flood Law in §163.3178(1): "The Legislature recognizes there is significant interest in the resources of the coastal zone of the state. Further, the Legislature recognizes that, in the event of a natural disaster, the state may provide financial assistance to local governments for the reconstruction of roads, sewer systems, and other public facilities. Therefore, it is the intent of the Legislature that local government comprehensive plans restrict development activities where such activities would damage or destroy coastal resources, and that such plans protect human life and limit public expenditures in areas that are subject to destruction by natural disaster." The Peril of Flood Law increases awareness among local governments of the potential economic impacts from flooding and compels planning for same through the development and 1 I Packet Pg. 2057 implementation of comprehensive plan policies in Coastal Management Elements.' Coastal Management Elements must be revised to include principles and best practices for eliminating certain development in coastal areas and reducing exposure of the built environment to current and future flooding. Coastal Management Elements must now: 1. Include development and redevelopment principles, strategies,and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise (SLR). 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 0 c 4. Be consistent with, or more stringent than,the flood-resistant construction requirements 4- in the Florida Building Code and applicable flood plain management regulations set forth c in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. T) 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents.2 111. Adaptation Action Areas to be Developed as an Existing Policy v Pursuant to Section 163.3164(1), Fla. Stat. and Section 163.3177(6)(g)(10), Fla. Stat., Monroe County created a Policy that within five (5) years of adoption of the April 2016 Comprehensive Plan staff would identify criteria to define adaptation actions areas (AAA) or a similar concept and propose locations for AAAs. An AAA is an optional comprehensive plan designation for areas that experience coastal flooding and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure and adaptation planning. 1 Coastal Management Elements are required by§163.3177(6)(g), Fla.Stat. z See§163.3178(2)(f), Fla.Stat. 2 I Packet Pg. 2058 IV. Monroe County Comprehensive Plan Monroe County's operative Comprehensive Plan was adopted through Ordinance No. 005-2016 on April 13, 2016 by the Board of County Commissioners. It contains fifteen elements, including an "Energy and Climate" Element. The addition of the "Energy and Climate" Element in the Comprehensive Plan was part of the County's response to the identification of "Climate Change and Hazard Mitigation" as a "Major Issue" in the County's 2012 Evaluation and Appraisal Report. 3 GOPS addressing climate change, sea-level rise, hazard mitigation, and energy consumption were added to the 2013 Comprehensive Plan in Elements including, but not limited to, the "Energy and Climate" Element. N These GOPS addressing climate issues, inclusive of flooding, are located primarily in the "Conservation and Coastal Management" Element and the "Energy and Climate Element" and, to a lesser extent, in the "Future Land Use," "Traffic Circulation," "Drainage," "Natural E Groundwater Aquifer Recharge," and "Capital Improvements" Elements.' 0 c V. Available Data since last Comprehensive Plan adoption on 2013(2016?) 0 A. Unified Sea Level Rise Projection Monroe County is a founding member of the South Florida Regional Climate Change Compact (Compact). The Compact's Sea Level Rise Work Group develops an updated Unified Sea T Level Rise Projection ("Projection") on a regular basis keeping current with developing scientific trends. The Projection is a regionally-accepted prediction of sea-level rise utilized for planning purposes, to aid in understanding vulnerabilities, and to provide a basis for developing risk- informed adaptation strategies. It is consistent with current guidance from two federal agencies, the ACOE and NOAA, as well as the global average adopted by the Intergovernmental Panel on Climate Change (IPCC) and can be used to meet the requirements for the Peril of Flood Law. Initially released by the Compact in 2011, the Projection was updated in 2015 based on new global data in the IPCC's 5th Assessment Report, historic tide gauges, and new guidance documents and studies. The Projection baseline year changed from 2010 to 1992. The Projection was also extended to 2100 in recognition of the need for longer-range guidance for major infrastructure and other capital investments. The extension of the Projection to 2100 conforms to the requirements for sea-level rise modeling set forth by FEMA for participation in the National 3 Keith and Schnars, P.A., "Monroe County Comprehensive Plan Update: Evaluation and Appraisal Report", (May 2012). 4 A list of directly relevant GOPS can be found in Appendix A.The operative Monroe County Comprehensive Plan can be viewed online at https://www.monroecounty-fl.gov/DocumentCenter/View/4606Z2030-MC-Comp-Plan- revision-3?bidId=. 3 I Packet Pg. 2059 Flood Insurance Program's (NFIP) Community Rating System (CRS). The result of those changes (as compared to the 2011 Projection) is one additional inch of sea-level rise by 2030 and three additional inches by 2060. The baseline year shifting eighteen years earlier explains these increases. This year, the Compact's Staff Steering Committee, along with a technical advisory committee,will begin updating the projection based on current and best available peer-reviewed scientific data, with the intent to publish the updated projection in 2020. B. GreenKeys! Update, June 2019 Published in June 2016 and updated in June 2019, the Monroe County GreenKeys! Plan (GreenKeys!) addresses climate change, sustainability, adaptation, and sea-level rise. GreenKeys! is a science- and data-based planning tool that provides a blueprint for all of the County's efforts on these issues. The plan provides guidance to increase sustainability and resilience throughout the Keys. The data sets and tools that informed the recommendations in the GreenKeys Plan and its 2019 Update also provide much of the data required to comply with c c Florida's Peril of Flood Law. 4- 0 The 2019 Update to GreenKeys! reflects the substantial work that has been done since its initial publication in 2016, as well as the County's commitment to obtaining the best available data and ongoing assessments. In terms of gathering information, developing methodology, and actual project implementation, the County has an abundance of knowledge and experience to support its actions and decisions going forward. In the area of infrastructure in particular, the N County prioritized projects and studies with a focus on data gathering, facilities adaptation and roads. State and Federal agencies have also conducted studies in the Keys. These studies are briefly described below. • Through a pilot project that studied the cost and impact of multiple roadway improvement technologies to reduce flood impacts, the County was able to develop an objective methodology for assessing all 311 miles of its roadways.' • The Florida Department of Transportation recently conducted a vulnerability analysis of the road bed vulnerability for U.S. Highway 1 (US1).6 s The Monroe County Pilot Roads Project in the"Sands"and"Twin Lakes"Communities was a multi-step project that included numerous public meetings and opportunities for stakeholder feedback. The project team began by collecting historical flood data and analyzing future sea-level rise projections, using this information to develop numerous future scenarios. Cost estimates were then developed, as well as design alternatives for stormwater management and elevation. The process yielded a methodology that can be implemented in all County roadway planning going forward. a Florida Department of Transportation, "Study of Roadway Base Clearance forState Roads in Monroe County Phase I-GIS Screening Report", November,2018. 4 1 Packet Pg. 2060 • The Army Corps of Engineers (ACOE) initiated a Coastal Risk Management Study to be completed by 2021. • The County has initiated a Countywide Roads and Stormwater planning process to be completed by 2021 that will result in a capital improvements schedule for short, medium and long-range implementation. The County is working with many partner agencies at the State and Federal levels to aggressively pursue funding for resilience and sustainability activities. It has already acquired multiple grants to continue improving the data that advises County staff and contractors on priority infrastructure investments including, but not limited to a grant through NOAA to produce a Hazus-MH model for County-wide risks from various types of natural disasters. The County has also (on its own) developed a dataset of substantially improved elevation data with new mobile light detection and ranging (LiDAR) technology (described more fully in the next section). The County has also completed resiliency improvements at some of its parks and critical facilities. Each of the projects described below provide additional value to the County in terms c of lessons learned and finessing of process, as well as developing and improving data-based methodologies. • Harry Harris Park Adaptation: This project included a vulnerability analysis of the waterfront park in Key Largo with ballfields, basketball courts, picnic areas, and a boat ramp. _ Improvements to the boat ramp as well as restoration of the park's shoreline and piers were considered to reduce neighborhood flooding. • Bayshore Manor Adaptation:Through a grant from the Florida Department of Environmental Protection (FDEP),the County developed a method to quantify potential critical facility losses from coastal flooding exacerbated by sea-level rise.? • Stock Island Fire Station Redevelopment:The County increased the first-floor elevation by 1.5 feet above what existing land development regulations required. The new fire station is a 0) "Florida Green Commercial Building," certified by the Florida Green Building Coalition: it conserves water and is energy efficient.' The Facility Vulnerability Approach for the Bayshore Manor project assessed a County-owned assisted living facility as a pilot to develop a tool that enables analysis of critical County facilities to the year 2100. The year 2100 project horizon can be applied to existing or proposed facilities going forward,allowing for a consideration of damages and losses as a design requirement. This analysis can be incorporated into an asset management program to evaluate the timeframes of all County buildings for capital planning. 8 The redeveloped Stock Island Fire Station also provides alternatives to vehicular transportation, such as bike storage, showers, and changing rooms, as well as parking for alternative fuel and high-occupancy vehicles. It is designed to be 42%more efficient than required by the Florida Building Code and 75%of its power needs are met through green power purchase agreements. It has a rainwater collection system,delivering 100%of irrigation needs 5 1 Packet Pg. 2061 • Bernstein Park Elevation: Six acres of the park were elevated up to two feet to address flooding after heavy rain and high tides. Stormwater retention was also improved at the site. C. Countywide Roads Mobile UDAR Data (completion 2019-2021) The County recently gathered detailed elevation data for County-maintained roads using mobile LiDAR (currently being finalized, anticipated late 2019). LiDAR, which stands for light detection and ranging, is a remote sensing method that surveys the earth, measuring distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor. This project provided the County with specific elevation data for all 311 miles of County- maintained roads that will be used in assessing vulnerability. The previous Sea Level Rise Vulnerability Assessment completed for GreenKeys relied on Florida Division of Emergency Management 2007-2008 elevation data because it was the most comprehensive set of elevation data available at that time. This updated elevation data will be used in the Countywide Roads and Stormwater analysis as well as future vulnerability assessments. Eventually the Countywide Roads and Stormwater analysis could include specific recommendations and GOPS for road adaptations for the next five, ten, fifteen, twenty, and twenty-five years for the vulnerable 4- segments of roadways with potential options for years 2060 and 2100. The improvement in data c accuracy will enable engineers and planners to identify roads subject to near-term flooding and to strategically develop road design plans based on exposure. D. NOAA Hazus grant The County joined study areas in Florida, Georgia, and the Carolinas in a grant funded by NOAA. The three-year grant program (2016-2019) established regional best practices employing data, hazard assessments, and community engagement results for local hazard planning, policy, and legal frameworks building capacity to address coastal risks. Examples of datasets include digitization of building footprints and archival elevation certificates:the County has a Geographic Information Systems ("GIS") department that digitized all of the available Elevation Certificates for both private residences and public facilities in the unincorporated areas of the County. This site-and structure-specific information improves the accuracy of damage cost assessments made by Hazus, a regional multi-hazard loss estimation model developed by FEMA and the National Institute of Building Sciences. The Hazus tool was used to develop damage assessments for 100-Year storm surge flooding scenarios on over 37,000 properties with detailed parcel-level characteristics. Characteristics included 2014 assessed valuations across the County and associated municipalities, as well as over 4,000 structures in the unincorporated County with newly digitized site-level Elevation Certificate data. These flooding scenarios included current 100-year flood to "Florida Friendly" landscaping, was built with materials containing recycled content, and reduced "Heat Island Effect"through the use of shaded areas and hardscapes that reflect sunlight. 6 I Packet Pg. 2062 heights under an assumption of existing sea level,the "Low"and "High" SLR projections for 2060, as adopted by the Compact, and the NOAA Intermediate-High SLR scenario for 2100. The effort also resulted in identification of at-risk stormwater structures. The County's efforts to improve the utility of its data resulted in the the use of the Hazus model that allows different data sets to speak to one another in the same language, allowing for ease of transition and use with various models and applications. E. Stormwater Drainage and Infrastructure Inventory Monroe County's Public Works and Engineering Services, with assistance from NOAA grant funding, began a comprehensive and updated field inventory of County-owned stormwater drainage infrastructure in June 2017. This inventory focused on stormwater structures that feed into underground drainage systems or discharge stormwater into surface waters. Global positioning system ("GPS") devices were utilized to gather point location and field attribute data for County-maintained stormwater infrastructure including catch basins, injection wells, manholes, trench drains, and pipe outfalls. 0 c Data was collected and a robust Stormwater Management GIS dataset was created. From 4- this dataset a priority list was developed for pipe outfalls with high-quality point elevation data. c Priorities were further refined to include County staff's knowledge as well as public complaints of nuisance flooding. The high-quality, extremely precise data for those priority outfalls were incorporated into the Stormwater Management GIS. Bare ground elevation estimates for twenty-one additional N pipe outfalls and all other inventoried infrastructure within the Stormwater Management GIS were extracted from a model developed by the South Florida Water Management District. County staff and contracted experts worked with FDOT to collect GPS location and field attribute data for an additional set of 99 stormwater structures along US-1 in Key Largo and Tavernier. All of the location and attribute data developed from this field inventory were incorporated into the Monroe County Stormwater Management GIS. F. US ACOE Partnership: Coastal Risk Management Study Monroe County is in a 3-year partnership with the ACOE, beginning October 2018, to investigate storm and sea-level rise vulnerability for the Florida Keys including US1, called the Coastal Storm Risk Management Study (ACOE Study). The ACOE Study will address how present and future risk to coastal storm hazard and sea-level rise will affect coastal areas. The overall goal of the ACOE Study is to analyze all information through one lens: specifically, to create a multifunctional geospatial tool to generate estimates of existing and future coastal vulnerability through a connected and synchronized view of all integrated products. Through this framework, a holistic and more intuitive view of future steps, priorities, partners, solutions and projects can be envisioned by a broad range of stakeholders in the future of US1. 7 1 Packet Pg. 2063 Other goals of the study include (1) provide a common operating picture of coastal risk to be utilized by policymakers at the local, state, and federal levels to comprehensively analyze US1 vulnerability; (2) identify high-risk locations and characterize current and future hazards by developing depth damage functions along US1; (3) recommend risk-reduction measures to address identified problems; and (4) review and incorporate adaptation or storm resilience project recommendations as appropriate for future planning and funding. G. Monroe County Watershed Management Plan, August 2019 Monroe County is a NFIP Community Rating System (CRS) Class 5-rated community. The mandatory prerequisite to achieve Class 4 rating is to receive credit for managing the impacts of a 100-year storm and/or sea-level rise, where applicable, based on a watershed management plan (Plan). The Watershed Management Plan provides the basis to meet additional CRS requirements, and is the result of multiple years' work in data development and analysis. Per the Watershed Management Plan, the County's measured and proven response to future sea- level rise vulnerability can be summarized as follows: 0 c 1. Securing the data, as discussed previously with collection of mobile LiDAR, to more accurately depict ground elevations; c 2. Development of more accurate vulnerability information for roads and stormwater through the Countywide Roads Analysis (completion 2019-2021); 3. Setting policy based on the future vulnerabilities and development of future stormwater design standards (completion 2023); and 4. Integrating into the Comprehensive Plan (completion 2021). N H. 2015 Local Mitigation Strategy (LMS) The Monroe County Local Mitigation Strategy is updated every five years, and was most recently updated in 2015. "Climate Change/Sea Level Rise" was added as a hazard to Chapters 5 (Hurricanes&Tropical Storms)and 6 (Other Hazards& Risks. The LMS Working Group prioritized mitigation actions and as such, County and municipal overall vulnerabilities were included in the 2015 LMS. Chapter 5 addresses sea-level rise and climate change as hazards. It cites to numerous studies and reports, including NOAA's Mean Sea Level Trends, the South Florida Water Management District Report "Past and Projected Trends in Climate and Sea Level Rise for South Florida—External Review Draft" (2011),the Compact's"Analysis of the Vulnerability of Southeast Florida to Sea Level Rise" draft document from 2011, the November 2013 Climate Change Advisory Committee's Monroe County Climate Action Plan, and the Compact's Unified Sea Level Rise Projection as guidance in determining vulnerability to the County and its municipalities. Chapter 6 addresses other risks to Monroe County in the form of hurricane and tropical storms, including rainfall,fresh-water flooding, and coastal erosion. Most notably, the confirmation that climate change and sea-level rise, recognized in Chapter 5 as a "medium" ranking hazard, will exacerbate the impacts of other hazards like surge flooding, rainfall flooding, and hurricane wind. 8 1 Packet Pg. 2064 VI. Post-Hurricane Irma Disaster Recovery Efforts A. Rising Above Recovery Housing Strategy Following the destruction that resulted from Hurricane Irma in September 2017, the County developed a comprehensive strategy that encompasses a variety of initiatives, taking advantage of numerous funding opportunities to reduce risk and exposure to properties from extreme weather events. The Florida Keys: Rising Above Recovery plan is a housing strategy designed to advance adaptation to coastal flooding, storm surge and other hazards, protect property, residences and businesses from storm impacts and minimize damages, minimize public and private losses due to storms, preserve the local economy during and after disasters including business viability and workforce housing, to preserve and protect the environment, including natural and historic resources, and to enhance resiliency. The following strategies will be employed to meet the above stated goals: 1. Wind retrofitting of residential structures: Provide funding options to harden existing housing units, installation of hurricane shutters or impact windows, metal c c roofs, reinforced trusses and reinforced garage doors. 2. Provide funding to elevate existing private residences above base flood elevation. c 3. Provide funding to demolish and replace private residences to meet or exceed building code and floodplain requirements. 4. Develop and increase the supply of workforce housing and rental housing opportunities: Identify areas of damaged properties or areas of less damaged properties to more easily and quickly rebuild safe, energy-efficient and cost- N effective housing units. 5. Purchase scattered sites for single-family homes, purchase parks, and redevelop multifamily housing; purchase less vulnerable sites for workforce housing. 6. Provide funding to rebuild and repair resilient existing housing units as safe, energy-efficient and cost-effective housing units. 7. Identify areas to purchase and not rebuild the area (provide financial incentives to purchase areas in dangerous or high-risk zones). 8. Provide funding to purchase developed properties in V-zones with existing residences to create additional open space and natural buffers and rebuild housing outside of V-zones. 9. Relocate and rebuild other less vulnerable locations with safe, durable, physically- accessible, energy-efficient and cost-effective housing units. 10. Provide funding to purchase abandoned/damaged structures and demolish unsafe structures. Provide funding to improve infrastructure for drainage at housing units and reduce flooding vulnerability. 11. Develop infrastructure for improved mass transit and access to services and jobs. 12. Provide funding to repair and floodproof commercial structures and add housing units over the commercial structure to improve local economic conditions, particularly the continued availability of workforce housing and jobs. 9 1 Packet Pg. 2065 13. Identify and explore the cost effectiveness of different types of factory-built housing to replace manufactured housing units. B. Repair, Reconstruction, and Elevation of Damaged Homes The County has secured $50 million from the Community Development Block Grant - Disaster Recovery "Rebuild Florida Program" to fund the repair, replacement, and elevation of damaged, non-code compliant, primary homes of vulnerable persons and affordable rental properties. 1,233 households have registered for the program, with 1,069 invited to apply and another 298 with completed applications. $478,355 and $374,430 was preliminarily awarded by the Florida Division of Emergency Management, under review by FEMA for final approval, of mitigation projects. Three homes are slated for elevation and reconstruction. Another four projects were recommended for development funding by the Florida Housing Finance Corporation that will result in 157 units of affordable housing. C. Weatherization Program 0 c The County has also implemented a Weatherization Program, whereby $5,000 per property is available to low-income homeowners or renters to improve energy efficiency. This c grant funding is for contractors to replace non-compliant windows or to add shutters, insulation, and weather-stripping around doors and windows, replacement of non-efficient old appliances, replacement of incandescent light bulbs with fluorescent bulbs, and replacement of low flow toilets and shower heads. Nine homes have been completed. T) D. Infrastructure Repair Program This project will repair damage from Hurricane Irma for 1,693 linear feet of Father Tony Way and install a "pump and treat" stormwater drainage system. This pilot project is designed to protect the only access road to a low-lying, low-income subdivision that is subject to frequent and persistent flooding due to storms,tides, and sea-level rise. It will maintain access to 190 low- income residential structures, of which 115 homes sustained substantial damage due to Hurricane Irma at a cost of $2.5 million. This project is currently pending approval from the Florida Department of Economic Opportunity (DEO). E. Post-Disaster Recovery Strategy and Infrastructure Mitigation Program The U.S. Department of Housing and Urban Development (HUD) announced a new disaster recovery program that includes areas impacted by Hurricane Irma. The State of Florida will receive $633 million in funding to support a broad array of mitigation projects through the Community Development Block Grant — Mitigation Program. Local governments impacted by Hurricane Irma have been asked to submit project ideas to the DEO to be considered as they develop an action plan that will guide how this money is spent. The state must submit this plan no later than February 2020 and work on it has already begun. DEO has suggested they are looking for regional projects with high impact. This likely means that DEO would like to see multi- 10 I Packet Pg. 2066 jurisdictional projects that will provide high-impact results in the community. As part of the development of the Monroe County Post-Disaster Recovery Strategy, County staff and their counterparts within local government jurisdictions have been working to develop project ideas to be considered for this funding and any other sources that may still be available to support Hurricane Irma recovery. The anticipated project submittals will occur in the summer of 2020. F. Voluntary Home Buyout Program Proposal To reduce the risk of flooding in residential areas and to help reduce the impact of future disasters, the State of Florida created the Rebuild Florida Voluntary Home Buyout Program to encourage risk reduction through the purchase of residential property in high flood-risk areas. Counties and local governments have the option to apply for funding to acquire contiguous parcels of properties, and to acquire property from low-to moderate- income households (LMH) with a focus on LMH that did not have flood insurance at the time of Hurricane Irma. As of the publication of this memorandum, the County has submitted 58 applications concerning properties within its jurisdiction. 18 applications have been submitted from the City of Marathon, and one application was submitted from the City of Islamorada for a total of 77 applications. The County estimates the total value of the land and eligible structures to be purchased through the buyout program to be over $35 million. The goal of this program is to purchase low-income, damaged properties in the most vulnerable areas of the County and to dedicate these lands to open space or conservation in perpetuity. This will allow the County to relocate populations from low-lying flood hazard areas to safer regions. The County's local program prioritization criteria emphasizes the long- Mn term community goal of mitigating homes against storm surge and sea-level rise. The County is currently anticipating approval from DEO to secure this funding. VII. Conclusions Overall, while some of the data sets and studies are in process (in particular: 2020 LMS, ACOE Coastal Risk Management Study, 2020 updated Compact Unified Sea Level Rise Projection, and Countywide Roads Analysis), the County has much of what is already required in the Peril of Flood statute, completed in the existing Energy and Climate Element GOPS of the 2016 Comprehensive Plan. But this can and should be augmented with new existing data. The table below outlines the main data sets and documents required to address the legislation. Overall, Monroe County has or is in the process of collecting the data necessary to meet the requirements of Florida's 2015 Peril of Flood legislation with minor revisions and amendments to the Comprehensive Plan. 11 1 Packet Pg. 2067 Table 1: Data Inventory Data Needed' Status of Data Hazard Vulnerability The County has: Assessment—what types? • SLR vulnerability assessment—2015 LMS,GreenKeys!,Compact's 2015 Unified SLR Projection • Storm surge vulnerability assessment— 2015 LMS, NOAA Grant - Hazus Modeling (2019) • Flood vulnerability assessment—2015 LMS • Watershed Management Plan —2019 • Mobile LiDAR dataset N Still in pipeline: 2020 LMS, ACOE Coastal Risk Management Study, 2020 E updated Compact Unified Sea Level Rise Projection, Countywide Roads Analysis Does the County have a Yes. The most recent LMS is Monroe County and Incorporated multi-jurisdictional LMS? Municipalities LMS 2015. 4- 0 Currently, the County is working on the 2020 LMS and the County website has the 2018 Master Initiatives List,which is multi-jurisdictional. W Is the flood vulnerability Yes.This information is included in the Monroe County and Incorporated assessment included in LMS? Municipalities LMS 2015, which is currently being updated. _ Is the storm surge Yes.This information is included in the Monroe County and Incorporated _ vulnerability assessment Municipalities LMS 2015, currently being updated. included in LMS? Has a sea-level rise Yes. The 2016 GreenKeys! Appendix C at http://greenkeys.info/wp- vulnerability assessment content/uploads/2016/12/Appendic-C- been completed? Monroe TechnicalAppendix Infrastructure Habitat 12 27 15.pdf What is the target date for 2030 is the planning horizon date for the Monroe County Comprehensive Plan? Comprehensive Plan adopted in April 2016. Has a regional unified sea- Yes. Monroe County is a member of the South Florida Regional Climate level rise projection been Change Compact, which adopted the Unified Sea Level Rise Projection developed? from 2015, horizon 2100 and is in the process of updating for 2020. Are there map layers Yes, the 2030 map layers delineating future sea-level rise inundations delineating future sea-level can be found in the 2016 GreenKeys! Appendix C at rise inundation for target http://greenkeys.info/wp-content/uploads/2016/12/Appendic-C- date of Comprehensive Monroe TechnicalAppendix Infrastructure Habitat 12 27 15.pdf Plan? 9 Data list compiled from various Peril of Flood implementation "Guidance"documents. 12 1 Packet Pg. 2068 Vlll. Recommendations for Updates to Comprehensive Plan Revising current GOPS and drafting new ones can be completed with existing data to satisfy the Peril of Flood Law. When new data sets become available later in the year providing the evidential support for the GOPS, this data can be incorporated to further substantiate new GOPS. GOPs should, at a minimum, address the following: 1. Conduct post-disaster buyout of most risk-vulnerable properties including repetitive loss and severe repetitive loss properties." 2. Identify target areas for development and redevelopment following disasters (AAAs for example). 3. Encourage education and outreach about the risks and costs involved in owning or leasing a structure in high-risk locations as well as options to mitigate against these risks. 4. Develop or strengthen principles, strategies, and engineering solutions that reduce flood risks in coastal areas. 5. Protect and maintain natural flood features to mitigate flood impacts. 6. Preserve floodplains as open space to mitigate flood risk. c c 7. Limit or restrict development in high risk areas to reduce repetitive loss. 4- 8. Develop or strengthen policies to reduce stormwater runoff. c Section 163.3191(1), F.S. requires an evaluation of the Comprehensive Plan at least once every seven years to determine if plan amendments are necessary to reflect changes in state requirements since the last update.The County must notify the Florida Department of Economic Opportunity as to its determination. Monroe County will be due to complete that review by May 1, 2021. Florida law also requires that the Comprehensive Plan maintain a schedule of capital improvements to be reviewed annually. Such schedule must include a five-year timeframe and identify the funding status of projects. The update of the Comprehensive Plan provides an opportunity to integrate new information as part of the County's strategy to address vulnerabilities. Recommendations for updating the Comprehensive Plan include: 1. Peril of Flood criteria must reside within the Conservation and Coastal Management Element. One option is to move existing GOPS currently meeting the criteria to the Conservation and Coastal Management Element while maintaining broader Countywide Policy on Energy and Climate within that Element. Another option is to make the Energy and Climate Element a sub-element of the Conservation and Coastal Management Element. 2. Ensure storm surge and flooding maps are consistent with the target date of the Comprehensive Plan, 2030. In the case where such a map exists for the 2030 timeframe, ensure the data used is current. If maps for the 2030 Comprehensive Plan timeframe do not exist, they could need to be created. 3. There are a number of GOPS in other Elements that provide criteria for addressing plans (parks, transportation, ports, etc.) and list issues to be considered. Add considerations of sea-level rise to these lists. 13 1 Packet Pg. 2069 4. The GOPS in Appendix A seek implementation of a number of strategies that would satisfy some of the Peril of Flood Law requirements. Implement and update these time-limited GOPS. Priority examples (others are listed in Appendix A) include the implementation of the following based on their timeframes: A. Objective 102.4: A sub-note in the 2016 Comprehensive Plan states "It should be noted that the science examining the impacts of climate change and sea level rise is still evolving and the County may want to consider postponing the acquisition priorities on this issue until a future date." As part of the Peril of Flood Law updates, it is recommended the County add sea-level rise impacts to the list of criteria evaluating land acquisitions, as some coastal communities are beginning to include the impacts of sea-level rise in their decision to purchase land." B. Policy 1502.1.4: Within 5 years of 2016 Comprehensive Plan adoption, define criteria and locations for AAAs: address same in the Comprehensive Plan update. C. Policy 1503.1.7: Within 5 years of 2016 Comprehensive Plan adoption, determine the climate change considerations required for land use amendment review. D. Policy 1503.1.8: Within 5 years of 2016 Comprehensive Plan adoption, develop c c shoreline stabilization strategy to protect from sea-level rise impacts and erosion. E. Policy 1503.4.1: Within 5 years of 2016 Comprehensive Plan adoption, review c post-disaster redevelopment plan to include climate change and sea-level rise impacts with regard to repetitive loss and shoreline stabilization needs. F. Policy 1503.4.2: Determine impacts to transportation facilities' hurricane evacuation timeframes impacted by a 3-7" increase in sea-level rise by 2030. T) io Click the link here for an example in Bonita Springs, Florida. 14 1 Packet Pg. 2070 References: 1. Deady, Erin. Why the law of Climate change matters: from Paris to a local government near you. Environmental & Land Use Law. Vol. 91, No. 9. p 54. November, 2017. 2. Adaptation Action Areas: 163.3164(1) & 163.3177(6)(g)(10), F.S. 3. GreenKeys! 2016 4. GreenKeys! June 2019 update 5. Monroe County and Incorporated Municipalities LMS 2015 6. Monroe County 2030 Comprehensive Plan, April 2016 7. Peril of Flood Legislation: 163.3178(2)(f), F.S. N 0 c 4- 0 T 15 1 Packet Pg. 2071 APPENDIX A List of Monroe County's Comprehensive Plan GOPs relevant to Peril of Flood legislation In the order the Element appears in the Comprehensive Plan, the following are the GOPs related to climate change, resilience planning, and flooding including, but not limited to,those necessary to meet Peril of Flood legislation. If a Goal or Objective is mentioned below, it concludes the supporting Objectives and Policies are also supportive and are included by reference except for the Energy and Climate Element where all the relevant GOPs are referenced here as it will drive the Peril of Flood Comprehensive Plan amendments. N Future Land Use Element [11 • Objective 102.4, Monroe County shall maintain a Land Acquisition Master Plan containing strategies for securing funding and containing non-purchase options and strategies. Sub- note within Objective "It should be noted that the science examining the impacts of climate change and sea level rise is still evolving and the County may want to consider c postponing the acquisition priorities on this issue until a future date." • Policy 105.1.1, Within three (3)years after the adoption of the 2030 Comprehensive Plan, the County will,with input from the business community and other stakeholders,develop an Economic Sustainability Element, which focuses upon and promotes redevelopment, considers the increasing cost of climate adaptation and the protection of property. • Policy 101.5.32, Within in 1 year of the effective date of this policy, Monroe County shall adopt Land Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; y and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three (3)feet above FEMA base E flood elevation; and a flood protection height exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation.These exceptions are in order to promote flood protection, minimize flood damage, reduce flood insurance premiums and minimize future expenditures of public funds for recovery from flood events. In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet. (Ordinance 016-2017) • Policy 101.5.33, Within in 1 year of the effective date of this policy, Monroe County shall adopt Land Development Regulations which provide a Flood Protection Height Exception for lawfully established existing buildings which exceed the 35-foot height limit, to promote public health, safety and general welfare; allow adaptation to coastal flooding, 16 I Packet Pg. 2072 storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established existing building may be repaired, improved, redeveloped and/or elevated to meet required FEMA base flood elevation (BFE) provided the building does not exceed a total maximum building height of 40 feet, and the building is limited to the existing lawfully established intensity,floor area, building envelope (floor to floor height), density and type of use. For lawfully established existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the Board of County Commissioners shall be required to review and specify the maximum approved height prior to issuance of any county permit or development approval. The Planning Commission shall provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution specifying the maximum approved height. (Ordinance 016-2017) Conservation and Coastal Management Element [21 0 c • Policy 203.3.3, County to continue to support state and federal agencies in development and implementation of management measures to protect coral reefs and hardbottom c communities in the waters off the Keys. Protect species vulnerable to climate change from non-climate pressures, involve stakeholders including those industries in climate science, and support/showcase "climate smart" organizations and businesses. • Policy 212.2.1, Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate the minimum shoreline setbacks currently in use in Monroe County in coordination with DEO, FDEP and FWC. Setbacks shall be identified which will accomplish the following: 1. protect natural shoreline vegetation; 2. protect marine turtle nesting beaches; 3. protect water quality 4. protect structures from the effects of long- term sea level rise; 5. protect beaches and shorelines from erosion; and 6. allow redevelopment of existing waterfront commercial structures consistent with the existing community character and preserve overwater views. • Objective 216.1, Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area (CHHA) which reduces floodplain alteration and damage or loss due to natural disasters. [§163.3178(2)(h), F.S.] Traffic Circulation Element [31 • Policy 301.4.1, Plan for an intermodal transportation system that incorporates alternative modes of transportation inclusive of incorporating climate change implications into the Transportation Strategy Master Plan (Long Range Plan) by May 2021. • Policy 301.5.2, In order to coordinate the traffic circulation system with future land uses as a policy: incorporate climate change implications into the Long Range Transportation Plan. 17 1 Packet Pg. 2073 Mass Transit Element [41 There are no directly relevant GOPs in this Element. Ports, Aviation and Related Facilities Element [5] • Policy 502.3.2, Monroe County shall improve and maintain stormwater facilities on Fourth, Fifth, and Peninsular Avenues on Stock Island in order to prevent flooding. Housing [61 There are no directly relevant GOPs in this Element. Potable Water [71 There are no directly relevant GOPs in this Element. 0 c Solid Waste [81 0 There are no directly relevant GOPs in this Element. Sanitary Sewer [91 There are no directly relevant GOPs in this Element. N Drainage Element [101 • Policy 1001.1.1, ... All projects shall be designed so that the discharges will meet Florida State Water Quality/Quantity Standards as set forth in Chapters 62-3 and 62-302.530, F.A.C, incorporated herein by reference. All projects should be designed in accordance with the Florida Department of Transportation and South Florida Water Management District standards and taking into account projections for climate change. [§163.3177(6)(c), F.S.]... • Policy 1001.1.6 Within three years of the adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate the need to complete an inventory and analysis of existing public drainage facilities within the County and associated flooding issues. [§163.3177(6)(c)1] 2. F.S.] Natural Groundwater Aquifer Recharge [111 • Objective 1101.1, Monroe County shall work cooperatively with Miami-Dade County to encourage land use planning and development controls which shall protect the recharge area of the Florida City Wellfield from potential sources of groundwater contamination, 18 1 Packet Pg. 2074 saltwater intrusion and over-extraction. (See Potable Water Objective 701.4 and related policies.) Recreation and Open Space [121 • Policy 1201.7.1, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall prepare a Parks and Recreation Master Maintenance and Management Plan (MMP).The MMP shall evaluate and incorporate, among other factors, the following: 1. Proper management techniques consistent with the updated Future Land Use, Recreation and Open Space and Conservation and Coastal Management Elements;... N Intergovernmental Coordination [131 There are no directly relevant GOPs in this Element. Capital Improvements [141 c c 4- • Policy 1401.1.2, Monroe County shall annually update the Comprehensive Plan Five-Year Schedule of Capital Improvements. Proposed revisions to the Schedule, including those addressing the replacement and renewal of capital facilities, shall be evaluated and updated in accordance with the following considerations (not listed in order of priority): 1. consistency with the relevant elements of the Comprehensive Plan; 2. the elimination of public hazards; 3. consider sea level rise projections as they relate to transportation and bridging projects in particular; 4. the County's need for financial expenditures for infrastructure improvements within or proximate to vulnerable areas; 5. the elimination of existing deficiencies; 6. financial feasibility including the impact on the annual operating and capital budgets; 7. the location in relation to the Future Land Use Map; 8. accommodation of the demands from redevelopment and new development; 9. the consistency of the improvement relative to the plans of state agencies and the South Florida Water Management District; and 10. the availability of other revenue sources including, but not limited to, FDOT Project funding and FDOT Traffic Operations funds from District Dedicated Revenue (DDR) sources. Revisions to the schedule shall be incorporated into the Capital Improvements Program on an annual basis. [§163.3177(3)(a)5.(b), F.S.] • Objective 1402.2, ... 2. County public expenditures within the CHHA may be permitted for improvements and expansions to existing public facilities, which improvements or expansions are designed to minimize risk of damage from flooding. Energy and Climate Element [151 The Energy and Climate Element lays the foundation for coordination among multiple stakeholders, use of best available science in decision-making, addressing energy and climate issues in the build environment, and policies that protect natural systems and habitats through 19 1 Packet Pg. 2075 land acquisition strategies that incorporate climate adaptation and mitigation strategies. This Element contains the majority of the language required to directly address planning and Peril of Flood in addition to two of the Goals (1502 and 1504) (with minor changes the other two goals, 1501 and 1503, could be made to directly address the legislation as well). • Goal 1501 - Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach, Islamorada, Layton and Marathon; regional, State,and federal government agencies, nongovernmental organizations and private organizations to exchange data and develop coordinated strategies to address energy conservation and impacts from climate change. o Policy 1501.1.5, Monroe County will support local and regional modeling and monitoring programs, as resources permit, to assure the most current locally specific data is considered in the 2030 Comprehensive Plan and Land Development Code updates. This may include but is not be limited to programs designed to monitor surface water quality (including temperature), sea level rise, hydrologic and geologic conditions, groundwater quality and levels, precipitation and groundwater withdrawals from resources that the County depends upon (including those outside County lines). The County shall make such data available 4- to the public. c • Goal 1502 - Monroe County shall incorporate the best available data and science, into its policy and planning decisions for infrastructure, recognizing the uncertainty associated with long range climate change predictions. o Objective 1502.1, In conjunction with future updates to the 2030 Comprehensive Plan and land development regulations, the County shall update the data and assumptions related to climate change impacts to infrastructure based on the latest scientific predictions and observed (monitored) impacts. Monroe County shall also consider climate change impacts such as increased temperatures, sea level rise, potentially shifting habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure decisions. ■ Policy 1502.1.1, Prior to incorporating a new project to the Capital Improvements Element, Monroe County shall assure that it is reviewed for recommendations to increase resiliency and account for the impacts from climate change, including but not limited to, sea level rise and storm surge. Monroe County shall evaluate financial expenditures to fund repairs, reconditioning of deteriorating infrastructure and new infrastructure improvements within or proximate to vulnerable areas to manage public investments appropriately. Monroe County shall focus on level of service standards, as one of the points of analysis, to assure that infrastructure useful life and service expectations can be met in the face of climate change impacts. ■ Policy 1502.1.4, Adaptation Action Areas — within five (5) years of the adoption of the April 2016 Comprehensive Plan staff would identify criteria to define adaptation actions areas (AAA) or a similar concept and propose locations for AAAs. 20 I Packet Pg. 2076 ■ Policy 1502.1.5, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall initiate an inventory of existing and planned infrastructure up to the 2030 horizon, based upon the vulnerability mapping identified in Policy 1502.1.4, for capacity to accommodate projected sea-level rise over the life expectancy of that infrastructure. Monroe County shall identify the infrastructure within those areas, its useful life and any retrofits or capital projects necessary to address the impacts of sea level rise.These strategies may include defense, accommodation, or and retreat projects, or not building planned infrastructure in vulnerable locations, to address the impacts of sea level rise. Monroe County will consider developing design criteria, in conjunction with a broader asset management planning process. ■ Policy 1502.1.6, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall consider incorporating a planning, design and permitting standard for infrastructure and public facilities that may include a sea level rise assumption of 3"-7" by 2030 as developed by the Southeast Regional Climate Compact. The County shall c c review and update sea level rise projections when new and pertinent data is available. (The 3"-7" by 2030 is based on a 2010 baseline --if adjusted to c a 1992 baseline it would result in 6" to 10" by 2030 above the 1992 mean sea level). ■ Policy 1502.1.7, Monroe County shall ensure that new, renovated and replacement public facilities and infrastructure, such as streets and bridges, water and wastewater treatment plants, police stations and fire N stations, and any other public facilities that the County has authority over, are designed in a manner which considers the useful life of public facilities and infrastructure. The County shall also consider the potential impacts from climate change, including rising sea levels and shoreline stabilization needs, on its infrastructure and public facilities. ■ Policy 1502.1.9, Monroe County shall coordinate with appropriate agencies to monitor changes to minimum road elevation standards which may be specific to Monroe County due to its unique exposure to climate change and sea level rise impacts. This could also include enhanced stormwater management requirements and resurfacing requirements for certain transportation segments. ■ Policy 1502.1.10, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall review land development regulations that address stormwater management considerations for sea level rise impacts. To the extent practicable, Monroe County shall incorporate green infrastructure or passive alternatives that maximize land preservation over impervious or "active" infrastructure. Such alternatives could include the reconditioning and reuse of septic tanks, increased use of rainwater harvesting techniques, such as cisterns and other water storage techniques. Monroe County shall determine if land 21 ERIN L. Packet Pg. 2077 development regulation amendments are needed to address increased retention requirements and other topographic or infiltration considerations which may influence stormwater management requirements. Monroe County shall also consider the ability to meet water quality requirements related to stormwater management regulations and if there are any impacts from climate change that may jeopardize the County's ability to meet those requirements. • Goal 1503 - Monroe County shall address energy and climate issues in the built environment by: encouraging green development practices; reducing waste; enhancing transportation choices; and educating the community about the need to reduce energy use and prepare for climate change impacts. o Objective 1503.1, To address the impacts of GHGEs and climate change, Monroe County shall promote energy efficiency across all sectors of energy use, public and private sector, in the built environment. ■ Policy 1503.1.2, Within seven (7) years after the adoption of the Comprehensive Plan, Monroe County may include climate change impacts as a factor in determining appropriate levels of development. ■ Policy 1503.1.4, Monroe County shall review the most updated FEMA 4- maps within one (1) year of their release and evaluate floor elevation c requirements, as necessary, for all new construction in vulnerable areas. ■ Policy 1503.1.7, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall determine the appropriate climate change considerations (including but not limited to, emergency management, flood risk, storm surge, threats to potable water supply, the N potential for changing habitat and landscapes, the need for shoreline stabilization and the potential impacts to infrastructure necessary to serve proposed uses) to evaluate when reviewing land use amendments. ■ Policy 1503.1.8, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall develop a shoreline stabilization strategy to protect and enhance the built and natural environments from erosion and sea level rise impacts prioritizing natural green infrastructure approaches. Monroe County shall assure shoreline stabilization strategies are found to be in the public interest in light of that area's vulnerability to climate change impacts. Monroe County shall also consider public access to beaches, minimizing adverse impacts to coastal processes and resources, impacts to neighboring properties, and the values and functions of beaches and coastal/marine systems, relative to shoreline stabilization strategies. o Objective 1503.4, Incoordination with the next update to the County's emergency management policies, Monroe County shall coordinate with municipalities, the Florida Division of Emergency Management, and other applicable agencies to further review and incorporate sea-level rise considerations and climate change. ■ Policy 1503.4.1, Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County shall review its post-disaster 22 ERIN L. Packet Pg. 2078 redevelopment plan and land development regulations to include, as appropriate, consideration of climate change impacts, repetitive loss structures and shoreline stabilization needs. ■ Policy 1503.4.2, In coordination with the next update to emergency management policies, Monroe County shall determine any impacts to hurricane evacuation timeframes exacerbated by a 3"-7" increase in sea- level rise by 2030 on transportation facilities. • Goal 1504 - Monroe County shall further protect natural systems and habitats by incorporating climate adaptation and mitigation strategies in its land acquisition policies. This goal will include consideration of the need to address natural resource protection and restoration requirements, the likelihood of natural resource impacts such as shifting habitats from a rising sea, potential threats and loss of marine ecosystems and habitat, ecosystem-based approaches to exotic species and vegetation management and the need to protect, manage and restore native habitat. 0 c 4- 0 T) 23 1 Packet Pg. 2079 H.S.b To: Michael Roberts, CEP, PWS, Assistant Director/Environmental Resources Monroe County, Florida From: Erin Deady, Esq., Project Manager Re: Monroe County, "Review existing elements to determine strategy for Peril of Flood Amendment compliance", Task 2.1 Date: October 10, 2019 1. Executive Summary Pursuant to Task 2.1, this memorandum includes a review of existing elements to determine strategies for Peril of Flood Amendment compliance. To provide flexibility, several alternatives are listed within this memorandum. As you know, the primary focus of this effort is 4- to bring the Comprehensive Plan ("Comp Plan") into compliance with requirements added to c Section 163.3178(2)(f), Fla. Stat. (Peril of Flood Law). U. The Peril of Flood Law cv Section 163.3178(2)(f), Fla. Stat. was amended in 2015 (known as the "Peril of Flood legislation"and referred to herein as the"Peril of Flood Law")to protect coastal resources against sea-level rise and other climate change-related impacts. Pursuant to the law, the County's Conservation and Coastal Management Element must be revised to include "...A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise...." Coastal Management Elements c must now: 1. Include development and redevelopment principles, strategies,and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise (SLR). le 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than,the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 1 FUN L. Packet Pg. 2080 H.S.b 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents.' III. Monroe County Comprehensive Plan N Monroe County's current Comprehensive Plan was adopted through Ordinance No. 005- 2016 on April 13, 2016 by the Board of County Commissioners. The Comprehensive Plan already contains an "Energy and Climate" Element and GOPs already exist addressing climate change, sea-level rise, hazard mitigation and energy consumption, some of which could likely fulfill the Peril of Flood requirements. 4- These GOPs addressing climate issues, inclusive of flooding, are located primarily in the c "Conservation and Coastal Management" Element and the "Energy and Climate Element" and, to a lesser extent, in the "Future Land Use," "Traffic Circulation," "Drainage," "Natural Groundwater Aquifer Recharge," and "Capital Improvements" Elements.' cv IV. Alternatives for Consideration The following are alternative approaches for the integration of climate information into the Comprehensive Plan and meeting the Peril of Flood requirements: Option #1 Narrow approach: Add new narrow "Peril of Flood" related Goal into Conservation c and Coastal Management with the 6 statutory requirements met through a combination of Objectives and Policies. This could include appropriate GOPs in other elements based on GreenKeys, the Watershed Management Plan and updated modeling etc. (example: addressing new stormwater data from the Watershed Management Plan into the Drainage Element). This would include keeping the bulk of the climate-related provisions within the Energy and Climate Element. The benefit is that new Peril of Flood requirements are narrowly crafted to comply with Section 163.3178, F.S. and thus less susceptible to complaints of "statutory creep"for Coastal Elements. Another benefit is that the approach largely keeps Energy and Climate issues organized in one Element within the Comprehensive Plan. Requirements for 1 See§163.3178(2)(f), Fla.Stat. 2 A list of directly relevant GOPS can be found in Appendix A.The operative Monroe County Comprehensive Plan can be viewed online at https://www.monroecounty-fl.gov/DocumentCenter/View/4606Z2030-MC-Comp-Plan revision-3?bidld=. 2 FU L. Packet Pg. 2081 H.S.b optional elements in Chapter 163, F.S. (such as the Energy and Climate) also have less statutory specificity to avoid comments of"statutory creep".3 Option #2 Reorganization approach: Reorganize (1) Energy and Climate and (2) Conservation and Coastal Management and Elements to bifurcate issues into a "mitigation" and "adaptation" approach. The bulk of other GreenKeys and related analytical efforts would be integrated into Conservation and Coastal Management Element (and Drainage, Capital Improvements, etc.) since they are largely adaptation-related. New sea level rise or climate adaptation goals could be developed within Conservation and Coastal Management and/or other related Elements(such as Drainage). Broader Energy and Climate "mitigation" issues (energy, heat, health, outreach, vector borne-disease issues and social vulnerability) would be expanded or remain in that Element based on existing data. Essentially, this may integrate climate adaptation related issues into more Elements of the Comprehensive Plan rather than keeping those issues predominantly in the Energy and Climate Element, which is not really a benefit or a challenge. For those that are supportive of the County addressing climate change more holistically, this approach may appeal to , them. Overall, it may lead to more confusion from an implementation perspective because the issues are scattered throughout the Comprehensive Plan. N Option #3 Reorganization approach: Delete Energy and Climate Element and incorporate into other related elements including but not limited to the Conservation and Coastal Management Element, Drainage, Capital Improvements, etc. The benefit is that it reduces the number of Elements in the overall Comprehensive Plan. The challenge is that an interpretation will be "lessening" the importance of Energy and c Climate issues, something that will not be received well politically. Another challenge is that while Chapter 163, F.S. requirements for Comprehensive Plans are considered'floors" and not "ceilings'; some could comment that adding these issues into multiple elements deviates from the intent of those requirements. le Conclusion: It is our recommendation that the County pursue Option #1. s This approach was recently accepted by DEO for the City of Delray Beach. 3 FUN Packet Pg. 2082 3.2-CONSERVATION AND COASTAL MANAGEMENT GOAL 201 To ensure that air quality is maintained at the highest levels,Monroe County shall continue to meet all attainment standards set by the State of Florida and the U.S.Environmental Protection Agency(EPA). [F.S.§163.3177(6)d.2.a.] Objective 201.1 Q Q Monroe County shall continue to maintain existing ambient air quality levels in compliance with the National Ambient Air Quality Standards(NAAQS).[F.S.§163.3177(6)d.2.a.] Policy 201.1.1 Monroe County, in coordination with local Florida Department of Environmental Protection �-- (FDEP)representatives,shall review the annual air quality monitoring data for Monroe County. �y Any violations of the NAAQS or trends in ambient air quality shall be reported to the BOCC. r [F.S.§163.3177(6)d.2.a.] CNI Policy 201.1.2 r Development Orders shall require that land areas exposed during construction be treated with mulch,spray,grass or other appropriate methods in order to minimize air pollution.[F.S.§ 163.3177(6)d.2.a.] Policy 201.1.3 CIL All resource extraction activities shall comply with FDEP standards designed to minimize point sources of air pollution.[F.S.§163.3177(6)d.2.a.] Policy 201.1.4 Monroe County shall support state government programs to regulate petroleum and gasoline storage facilities with an emphasis on controlling VOC emissions.[F.S.§163.3177(6)d.2.a.] Q GOAL 202 The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,lakes and tidal streams,)and associated marine resources shall be maintained and,where possible,improved Q or restored.[F.S.§163.3177(6)d.2.b.,e.] tJ Objective 202.1 t8 Monroe County shall continue to work cooperatively with the U.S.Environmental Protection Agency N (EPA),the FDEP,the South Florida Water Management District(SFWMD),and the National Oceanic and Atmospheric Administration(NOAA)to implement the Water Quality Protection Program 0 (WQPP)for the Florida Keys National Marine Sanctuary.[F.S.§163.3177(6)d.2.b.,e.] N Policy 202.1.1 N Monroe County shall continue to coordinate with EPA,FDEP,SFWMD and NOAA to document pollutant loads for Florida Keys waters.[F.S.§163.3177(6)d.2.b.,e.] Policy 202.1.2 Monroe County shall maintain and implement permitting,inspection,and enforcement O Packet Pg. 2083 procedures designed to reduce pollutant discharges into ground and surface waters from on- site disposal systems and wastewater treatment plants.(See Goal 901 and related objectives and policies.)[F.S.§163.3177(6)d.2.b.,e.] Policy 202.1.3 Recognizing impaired water quality in many canal systems in the Florida Keys, Monroe County shall work cooperatively with FDEP, EPA,the Florida Keys National Marine Sanctuary(FKNMS) and the U.S.Army Corps of Engineers(USACE)to identify any water quality issues and 0 permitting assistance and recommendations related to the use of aerators,bubble curtains, pumping from front to back in canals,partial backfilling to make the canals shallower,flow improvement culverts in dead end canals to connect with other ca nals or near shore waters, flow improvement in plugged canals that are not currently open to tidal flow,and utilization of weed restriction devices in canal systems.[F.S.§163.3177(6)d.2.b.,e.] Objective 202.2 Monroe County shall develop and implement permitting,inspection,and enforcement procedures C" designed to reduce pollutant discharge into surface waters. CNI Policy 202.2.1 Monroe County shall maintain regulations in the Monroe County Code pertaining to the disposal offish and shellfish by-products from seafood processing facilities, including the following: 1. by-products shall not be dumped into surface waters or wastewater disposal systems; 2. by-products shall be disposed of as solid waste;and CIL 3. consideration shall be given to suitable reuse of by-products.[F.S.§163.3177(6)d.2.b.,e.] Policy 202.2.2 0) Within one(1)year after adoption of the 2030 Comprehensive Plan,Monroe County shall evaluate options for reducing the amount offish and lobster cleaning offal that is discharged into 0 canals.This evaluation should include public facilities such as marinas and private areas such as private backyard docks. Options to be considered shall include,but not be limited to: N (a) encouraging carcasses be macerated for chum (put in bags and frozen for a subsequent trip), deposited in an air-tight container for routine refuse pickup, or hauled away by a commercial chum or trap fisherman on contract;and (b) encouraging the public through an educational signage and awareness program on water quality. Objective 202.3 0 U Monroe County shall support existing vessel discharge regulations,including the No Discharge Zone N regulations of the Florida Keys National Marine Sanctuary,and encourage use and expansion of CNI sewage pump-out facilities throughout Monroe County to reduce pollutant discharges into nearshore surface waters from live-aboard vessels.[F.S.§163.3177(6)d.2.b.,e.] N Policy 202.3.1 Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall adopt and maintain regulations pertaining to docked or moored to land live-aboard vessels which: O Packet Pg. 2084 1. prohibit living on board vessels and floating structures of any type except at marine facilities, including marinas, and within commercial fishing areas and commercial fishing special districts,with fixed pump-out facilities;and 2. require that new and existing marine facilities, including marinas,with ten slips or more,or one live-aboard slip,provide a fixed pump-out station;and 3. require all marinas,regardless of size,to provide signage conspicuously posted at dockage sites educating the live-aboard public about the importance of pumping out and giving clear directions to the nearest pump-out stations.[F.S.§163.3177(6)d.2.b.,e.] Policy 202.3.2 4— Existing marine facilities,including marinas,which do not have an on-site pumpout station,as identified through the Monroe County Marine Facility Survey or other best available data sources,shall be notified in writing of the requirements for on-site pumpout facilities and signage(and any available funding assistance,such as the DEP Clean Vessel Act grant VIL program)within 18 months after the adoption of the 2030 Comprehensive Plan.Such marine �y facilities and marinas shall have 12 months from the written notification to provide an on-site r pumpout station and associated signage.All marine facilities and marinas which are required to provide on-site pumpout stations are required to keep those pumpout stations operational,and N ensure that pumpout service is available to the patrons of those marine facilities and marinas. r Policy 202.3.3 Development of the management recommendations for live-aboard vessels shall be coordinated with NOAA to ensure consistency with recommendations of the Florida Keys National Marine Sanctuary Revised Management Plan.[F.S.§163.3177(6)d.2.b.,e.] CIL Policy 202.3.4 Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall E adopt revisions to the Monroe County Code pertaining to live-aboard vessels,either in mooring fields or free-anchored,which establish the following(regulations pertaining to free-anchored vessels may require additional authorization by state statute): 1. Minimum depth criteria; 2. Availability of appropriate shoreside access (except for short-term recreational mooring sites-See Policy 203.5.2); 0 3. Pumpout service availability; Ca 4. Availability or provision of shoreside facilities(such as parking and solid waste disposal); 5. Registration and fee structure for live-aboard mooring fields;and 6. Impact fee provisions for long-term free-anchored live-aboards. [F.S. § 163.3177(6)d.2.b., N e.] 0 Policy 202.3.5 N Within one(1)year after the adoption of the 2030 Comprehensive Plan, Monroe County will N evaluate the need to develop a plan for providing pump-out services at county-owned facilities. [F.S.§163.3177(6)d.2.b.,e.] Policy 202.3.6 The County shall encourage new and existing redeveloping or expanding marinas to adopt Best Management Practices as recommended by Florida Department of Environmental Protection's Clean Marina Program. Packet Pg. 2085 Objective 202.4 Monroe County shall maintain land development regulations which implement county policies controlling pollutant discharges into surface waters from dredge and fill activities.[F.S.§ 163.3177(6)d.2.b.,e.] Policy 202.4.1 E Monroe County shall support state and federal policies and regulations concerning the permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by Monroe County shall be maintained.[F.S.§163.3177(6)d.2.b.,e.] Policy 202.4.2 No new dredging shall be permitted in Monroe County.[F.S.§163.3177(6)d.2.b.,e.] CIL Policy 202.4.3 �y r No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by hardbottom communities,except for maintenance in public navigation CNI r channels;in canal restoration projects pursuant to Policy 202.4.7:or in the manmade artificial canals of Duck Key(MM 61),pursuant to Florida Department of Environmental Protection and U.S.Army Corps of Engineers permits,to restore navigational access obstructed by natural depositions,subject to the requirements in Policy 202.4.4. [F.S.§163.3177(6)d.2.b.,e.](Ord. No.010-2018,§1,5-16-2018) Policy 202.4.4 CI. Within the manmade artificial canals of Duck Key(MM 61).maintenance dredging within areas vegetated with seagrass beds or characterized by hardbottom communities may be permitted to restore navigational access,provided that: 1 Shoaling or natural deposition has obstructed or reduced reasonable access to open water; 0 2. The maintenance dredging cannot be used to dredge natural barriers(areas that have not been previously dredged)separating canals from adjacent wetlands and/or other surface waters; N 3. The maintenance dredging shall not exceed depths greater than minus six (-6) feet mean low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the shallowest depth shall control); 4. The maintenance dredging methodology shall not cause degradation of water quality or secondary and/or cumulative impacts to surrounding benthic resources; 5. Turbidity controls shall be used to prevent reduction of light availability to seagrasses and increased sedimentation in adjacent surface waters and benthic resources; U 6. The quantity of mitigation for seagrass/hardbottom community resource impacts shall N meet the requirements specified by the State of Florida's Uniform Mitigation Assessment Method(UMAM);and 7. The proposed maintenance dredging is in the"public interest"(for the purposes of this policy, "public interest" means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action). The applicant shall be responsible for providing justification that the proposed maintenance dredging is in the"public interest."(Ord.No.010-2018 ,§1,5-16-2018) U Packet Pg. 2086 Policy 202.4.5 In order to prevent degradation of bottom vegetation,maintenance dredging in artificial waterways shall not exceed depths greater than minus six(-6)feet mean low water.This policy does not apply to the entrance channels into Key West Harbor and Safe Harbor.[F.S.§ 163.3177(6)d.2.b.,e.](Ord.No.010-2018,§1,5-16-2018) Policy 202.4.6 Q All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites Q where drainage can be contained on-site.[F.S.§163.3177(6)d.2.b.,e.](Ord. No.010-2018,§ 1, 5-16-2018) - Policy 202.4.7 Due to the physical structure,depth,and orientation of existing canals,water quality problems �-- have been caused which cannot be improved with wastewater treatment and stormwater �y management practices alone.To implement the 2013 Monroe County Canal Management r Master Plan and improve water quality in artificial canals,the County is developing canal restoration projects to improve tidal flushing,increase dissolved oxygen concentrations as CNI r identified in the surface water quality criteria in Ch.62-302.530,F.A.C.,and remove accumulated nutrients and decomposing organic material. Canal restoration projects,developed to determine the effectiveness of water quality strategies of the Florida Keys National Marine Sanctuary Water Quality Protection Program,which are performed or funded by public entities(County,State,or Federal)for organic material removal and backfilled to a depth of 6 feet-8 feet,or an alternative depth as determined by best CIL available scientific data and authorized by the state and federal permitting agencies,from artificial canals characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan are exempt from the provisions in Policy 202.8.4. Two(2)demonstration pilot canal restoration projects will remove decomposing organic material from previously dredged artificial canals(down to the bedrock)without backfilling.To evaluate the effectiveness of this removal strategy,without any backfilling,and to determine if water Q quality can be restored and maintained,water quality monitoring of these two(2)organic removal pilot projects shall be conducted at a two(2)year point of time and a ten(10)year point of time after completion of the pilot projects.After the two(2)year and ten(10)year monitoring, W the County shall request a water quality report from the Water Quality Protection Program (WQPP)to determine the pilot projects'effectiveness in improving dissolved oxygen Q 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. If the WQPP does not provide the water quality report,the County shall fund and conduct the water quality report. If the water quality report for the two(2)year monitoring indicates improved water quality,additional canal restoration projects,beyond the two(2)pilot projects,to perform organic material removal to depths greater N than minus six(-6)feet mean low water without backfilling to 6 feet-8 feet may proceed. Q Upon determination of the two(2)pilot projects'effectiveness and an amendment to this Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities (County,State,or Federal)for organic material removal of previously dredged artificial canals N characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan.The organic material removal shall be allowed to depths greater than minus six(-6)feet mean low water,if permitted by Florida Department of Environmental Protection or the Water Management District and the Army Corp of Engineers. For this policy,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 O removal,a public hearing before the Board of County Commissioners(BOCC)shall be required Packet Pg. 2087 prior to issuance of a county permit.The BOCC shall hold a public hearing on the request to use an alternative dredging methodology and shall consider the cost,rationale,compatibility, complications and public comments.The public hearing shall provide the applicant the opportunity to address the issues regarding the proposed canal restoration project,including but not limited to,sediment size,logistical/accessibility limitations,obstructions and/or equipment constraints.The BOCC may grant,grant with conditions or deny the request to use an alternative dredging methodology.(Ord.No.001-2015, 15-2ACSC-NOI-4401-(A)—(I);Ord. No. 010-2018,§1,5-16-2018) .� 0 Policy 202.4.8 No"after-the-fact'permits shall be issued that violate Monroe County dredge and fill regulations.All illegal structures and fill shall be removed and damages mitigated.[F.S.§ 163.3177(6)d.2.b.,e.](Ord.No.010-2018,§1,5-16-2018) � CI. Objective 202.5 Monroe County shall continue to coordinate with other local governments and with state and federal C" agencies to address existing and regional water management practices on the Florida mainland which may affect: 1. the conservation, use and protection of water quality, marine benthic communities, and fisheries in Florida Bay;and 2. the wetlands, unique vegetative communities, and species of special status on mainland Monroe County.[F.S.§163.3177(6)d.2.b.,e.,g.] Policy 202.5.1 CIL Monroe County shall meet periodically with agencies and local governments in the region to discuss water management practices and potential issues related to: E 1. the delivery of water, both in terms of quantity and quality, to Card Sound, Barnes Sound and Florida Bay;and 2. alternatives to offshore disposal of waste. These agencies and local governments may include: 1. National Park Service; N 2. Florida Department of Environmental Protection; tJ 3. South Florida Water Management District; 4. Miami-Dade County; 5. Collier County; N 6. South Florida Regional Planning Council;and 0 7. Environmental Protection Agency.[F.S.§163.3177(6)d.2.b.,e.,g.] N Policy 202.5.2 CNI Monroe County shall monitor and provide input on future revisions to the following plans: N 1. Surface Water Improvement and Management Plan for the Everglades; 2. Surface Water Improvement and Management Plan for Biscayne Bay; 3. any additional Surface Water Improvement and Management Plans which may be completed for Monroe County waters; O Packet Pg. 2088 4. Everglades National Park General Management Plan;and 5. Big Cypress National Preserve General Management Plan. [F.S. § 163.3177(6)d.2.b., e., g-] GOAL 203 The health and integrity of living marine resources and marine habitat,including mangroves,seagrasses, coral reefs,other hard bottom communities and fisheries,shall be protected and,where possible, restored and enhanced.[F.S.§163.3177(6)d.2.b.,e.,j.] 0 Objective 203.1 0 Monroe County shall protect its mangrove wetlands by continuing to implement regulations which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of development upon mangroves.[F.S.§163.3177(6)d.2.b.,e.,j.] CIL Policy 203.1.1 r The open space requirement for mangrove wetlands shall be one hundred(100)percent.No fill N or structures shall be permitted in mangrove wetlands except for elevated, pile-supported CN. walkways,docks,piers and utility pilings.[F.S.§163.3177(6)d.2.b.,e.,j.] Policy 203.1.2 Monroe County shall require minimum vegetated setbacks of fifty(50)feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policy 204.2.3,204.2.4 and 204.2.5. If CIL a 50-foot setback results in less 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 twenty-five(25)feet.On properties classified as scarified adjacent to wetlands,the wetland setback may be reduced to twenty-five(25)feet,without regard to buildable area,if the entire setback is managed in accordance with County regulations approved by the County Biologist and is placed under conservation easement.[F.S.§163.3177(6)d.2.b.,e.,j.] Objective 203.2 Monroe County shall protect submerged lands vegetated with seagrasses by maintaining regulations which further reduce direct and indirect disturbances to seagrasses.[F.S.§163.3177(6)d.2.b.,e.] Policy 203.2.1 Monroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of N water depth,except as may be permitted by the FDEP.This prohibition shall not apply to mooring fields,if there is an overriding public interest or benefit.Applicants for mooring fields shall provide data and analysis demonstrating environmental,social,and economic benefits which would accrue to the public at large as a result of a proposed facility.[F.S.§ N 163.3177(6)d.2.b.,e.] � Policy 203.2.2 Monroe County shall continue to prohibit the termination of docking facilities and piers over submerged land which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of water depth,except as may be permitted by the FDEP.Design criteria to permit sunlight to reach the bottom shall be maintained.No boat shelters or gazebos shall O Packet Pg. 2089 extend over submerged lands vegetated with seagrasses or over hardbottom communities. [F.S.§163.3177(6)d.2.b.,e.] Policy 203.2.3 Monroe County shall continue to: 1. prohibit new dredging in the Florida Keys;and 2. prohibit maintenance dredging within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels and as provided in Policy 202.4.3 for canals.(See Objective 202.4 and related policies.)[F.S.§163.3177(6)d.2.d.,e.] 4- Policy 203.2.4 Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan(U.S.Dept.of Commerce,NOAA).This program promotes user education related to,among other items,seagrass bed conservation and navigational safety in r nearshore waters.[F.S.§163.3177(6)d.2.d.,e.] N r Objective 203.3 Monroe County shall continue to support state and federal agencies in development and implementation of management measures designed to protect coral reefs and other hardbottom communities located in the waters off the Florida Keys.[F.S.§163.3177(6)d.2.d.,e.] Policy 203.3.1 CIL Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan(U.S.Dept.of Commerce,NOAA).This program promotes user education related to,among other items,coral reef conservation and navigational safety.[F.S.§ 163.3177(6)d.2.d.,e.,f.] 0 Policy 203.3.2 Monroe County shall continue to protect,preserve,and enhance the coral reefs and other W hardbottom communities through its land development regulations which address water quality N (See Conservation and Coastal Management Element Goal 202 and related objectives and policies),including efforts to: 1. limit the location of water-dependent activities to locations that will not have a significant adverse impact on the offshore resources of hard coral bottoms and other hardbottom communities; 2. control and regulate land and water activities in the vicinity of coral and other hardbottom communities as identified in the Florida Keys Coastal Management Study in an effort to tJ arrest further deterioration;and CNI 3. include the strategies identified in the Florida Keys National Marine Sanctuary Revised N Management Plan.[F.S.§163.3177(6)d.2.d.,e.,f.] N Policy 203.3.3 Monroe County shall support the objectives and action steps of the Florida Reef Resilience Program Climate Change Action Plan for the Florida Reef System.In addition to supporting actions to protect coral reefs,the County shall also support the actions as they may apply to other hardbottom communities.This includes the following actions identified in that Plan: Packet Pg. 2090 Action 1.2.4:Protect species and habitats that are highly vulnerable to climate change(e.g. corals,marine turtles,mangroves,etc.)from non-climate pressures(e.g.direct damage from divers,fishing gear,anchors or boats,beach nourishment,coastal construction impacts,land- based sources of pollution). Action 1.2.6:Prohibit any new dredging or other direct destruction of coral reefs. Action 1.3.3:Consider limiting certain kinds of development that are at risk from sea level rise. Action 1.4.4:Work through the proposed Florida Reef System Management Council(or other 0 appropriate venue)to revise regulations on coastal development and beach nourishment projects to minimize sedimentation,storm water runoff,and other water quality impacts to the Florida reef system. Action 1.6.3:Work with local fishing,boating,and diving industries to promote minimum impact W reef use activities(e.g.appropriate fishing gear,catch-and-release fishing,trip-rigged anchors and manual anchor placement in sand)and voluntary avoidance of bleached,diseased or �y otherwise stressed coral reefs. r Action 2.2.2:Involve community members,elected officials,visitors and Florida diving,fishing, and other maritime industries in climate change science and monitoring efforts on the Florida r Reef System. Action 2.3.4:Identify,support,and showcase"climate smart'coastal/marine organizations and businesses(including reef-based industries,ports and harbors,local governments and individuals)that increase sustainability of reef-related activities and reduce greenhouse gas emissions,such as energy and water efficiency,alternative energy and carbon offsets. CIL Objective 203.4 Monroe County shall support state and federal agencies in development and implementation of E management measures designed to protect the fisheries of the Florida Keys.[F.S.§ 163.3177(6)d.2.d.—g.] Policy 203.4.1 Monroe County shall periodically coordinate with FWC and other applicable agencies to encourage best practices to protect natural habitats in regards to commercial and recreational uj fishing gear and methods. 0 Policy 203.4.2 Monroe County shall continue to propose actions for consideration by the Florida Fish&Wildlife Conservation Commission Division of Marine Fisheries Management and the National Marine Fisheries Service designed to reduce adverse impacts of the Spiny Lobster Sport Season on ry the lobster fishery and sensitive marine resources of the Florida Keys.[F.S.§ 0 163.3177(6)d.2.e.] Policy 203.4.3CNI N Monroe County shall periodically meet with the Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management,State and federal agencies,and research organizations to assess measures which could be implemented by Monroe County to protect the fisheries of the Florida Keys.To the extent practicable,Monroe County shall take steps to implement such protection measures as may be identified through this cooperative effort.[F.S.§163.3177(6)d.2.e.] U Packet Pg. 2091 Policy 203.4.4 Monroe County shall support the efforts of the agencies having jurisdiction to implement the Florida Keys National Marine Sanctuary Revised Management Plan.[F.S.§163.3177(6)d.2.e.] Policy 203.4.5 Monroe County shall continue to support scientific studies regarding stresses on seagrass,coral and other hardbottom community ecosystems in the Florida Keys region.[F.S.§ 0 163.3177(6)d.2.e.] Policy 203.4.6 Monroe County shall encourage private and non-profit groups,as well as public agencies,in promoting aquaculture which augments fisheries,limits stress on fisheries,and/or replaces CIL depleted stock in the Florida Keys.[F.S.§163.3177(6)d.2.e.] Objective 203.5 r Monroe County shall continue to review the recommendations and options identified in The Boating N r Impacts Management Plan Final Report(1992);Keys-Wide Mooring Field System Preliminary Planning Document(2002) ;and Development of a Boating Management Plan for the Boca Chica Harbor Area(2008),which are designed to reduce adverse impacts on water quality and living marine resources associated with recreational boating.[F.S.§163.3177(6)d.2.e.] Policy 203.5.1 CIL Monroe County shall maintain criteria for marina siting which shall meet or exceed state ¢ standards.(See Objective 212.3 and related policies.)[F.S.§163.3177(6)d.2.b.,e.,i.] Policy 203.5.2 0) Monroe County shall maintain a plan for mooring buoy sites,including: 1. live-aboard mooring sites(See Policy 202.3.4);and 2. short-term recreational mooring sites. Identification of mooring sites shall be undertaken in coordination with NOAA and FDEP,and shall be consistent with recommendations of the Florida Keys National Marine Sanctuary Management Plan.[F.S.§163.3177(6)d.2.b.,e.,i.] fJ Policy 203.5.3 Monroe County shall support a boater education program in coordination with the Cooperative Extension Service,Florida Sea Grant,FDEP,FWC,FKNMS,federal and State agencies,NOAA and research organizations.[F.S.§163.3177(6)d.2.b.,e.,i.] U GOAL 204 CNI N The health and integrity of Monroe County's marine and freshwater wetlands shall be protected and, where possible,restored and enhanced. Objective 204.1 ;. Monroe County shall identify potential wetland restoration sites and identify high quality wetland sites for possible future acquisition by the County,State and/or private non-profit conservation organizations.[F.S.§163.3177(6)d.2.j.,k.] O Packet Pg. 2092 Policy 204.1.1 Monroe County may coordinate with other agencies in developing and administering a wetlands restoration program. Policy 204.1.2 Monroe County shall work cooperatively with the USACE,EPA,FWS,FDEP and FWC,and others as appropriate,to determine funding sources to support a wetlands restoration program. 0 [F.S.§163.3177(6)d.2.j.,k.] Policy 204.1.3 Monroe County shall coordinate with the FWC to update as needed and maintain the existing freshwater wetlands and disturbed wetlands mapping. CL Objective 204.2 �y r Monroe County shall not allow the loss of undisturbed wetlands or the net loss of disturbed wetlands. [F.S.§163.3177(6)d.2.j.,k.] N r Policy 204.2.1 Monroe County shall utilize the Wetlands Evaluation Procedure(KEYWEP)to determine the functional capacity of wetlands and Uniform Mitigation Assessment Method(UMAM)to determine mitigation requirements for impacts to wetlands.[F.S.§163.3177(6)d.2.j.,k.] CL Policy 204.2.2 ¢ To protect submerged lands and wetlands,the open space requirement shall be 100 percent of the following types of wetlands: 1. submerged lands; 2. mangroves; 3. salt ponds; 4. freshwater wetlands; 5. freshwater ponds;and 6. undisturbed salt marsh and buttonwood wetlands. Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetland 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.Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall revise the LDC to include a prohibition of development in salt ponds.[F.S.§163.3177(6)d.2.j.,k.] N Policy 204.2.3 N No structures shall be permitted in submerged lands,mangroves,salt ponds,or wetlands, except for elevated, pile-supported walkways,docks,piers,and utility pilings.No fill shall be permitted in submerged lands,mangroves,salt ponds,or wetlands except; 1. as specifically allowed by Objective 212.5 and subsequent Policies; U Packet Pg. 2093 2. to fill a manmade excavated water body, such as a canal, boat ramp, or swimming pool if the Director of Environmental Resources determines that such filling will not have a significant adverse impact on marine or wetland communities;or 3. as needed for shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined by the County. Policy 204.2.4 0 No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy 204.2.3(as amended)and for bridges extending over mangroves or wetlands that are required to provide automobile or pedestrian access to dwelling units located on upland areas within the same property for which there is no alternative means of access. Such bridges shall be elevated —_ on pilings such that the natural movement of water,including volume,rate,and direction of flow shall not be disrupted or altered.Upland areas shall include disturbed wetlands that have been CL lawfully converted into uplands through filling.[F.S.§163.3177(6)d.2.j.,k.] Policy 204.2.5 CN Monroe County shall maintain environmental standards and environmental design criteria which provide minimum vegetated setbacks of fifty(50)feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policies 204.2.3,and 204.2.4.The setback is measured from the landward extent of the wetlands as determined pursuant to 62-340.300 F.A.C. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of CL 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 twenty-five(25)feet.On properties classified as scarified adjacent to wetlands,the wetland setback may be reduced to twenty-five(25)feet,without regard to buildable area,if the entire setback area is planted and maintained in native vegetation with a site-suitable stormwater management plan in accordance with County regulations and approved by the County Biologist and placed under conservation easement."Development'shall include all activities as currently defined in the F.S.380.05.[F.S.§163.3177(6)d.2.j.,k.] Policy 204.2.6 Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall evaluate revising the LDC to modify the definition of disturbed wetlands to include those wetlands that receive a KEYWEP total functional index of 5.5 or less. Policy 204.2.7 Within one(1)year after the adoption of the 2030 Comprehensive Plan Update,Monroe County shall revise the LDC to provide a definition of wetlands that is consistent with the State definition tJ contained in 62-340.200(373.019(17)F.S.). tV Policy 204.2.8 tV Monroe County shall attempt to ensure that dredge and fill activities that require permits from federal,state,regional,and county regulatory authorities are done through a coordinated interagency review process. (HB530)I Commented[edt]:Old legislative reference? Policy 204.2.9 U Packet Pg. 2094 No"after-the-fact"permits shall be issued that violate Monroe County dredge and fill regulations.All illegal structures and fill shall be removed and damages mitigated. Policy 204.2.10 Monroe County shall maintain,and update as necessary,a schedule of monetary penalties that provides for fair and equitable penalties for all dredge and fill violations.Penalty revenues shall be paid to the Monroe County Environmental Land Management and Restoration Fund or set aside and used specifically for water quality enhancement projects or wetland restoration or 0 enhancement projects. Objective 204.3 Monroe County shall maintain a program for acquiring or restoring high quality wetlands.(See Future Land Use Objective 102.4 and related policies.)[F.S.§163.3177(6)d.2.e.,j.] CIL Policy 204.3.1 �y r The Monroe County Growth Management Division in coordination with the Monroe County Land Authority and other federal and state agencies will continue with wetlands acquisition through N r the Florida Forever program,and other funding mechanisms such as the Monroe County Land Acquisition Fund.Priority wetland acquisition sites shall include the following: 1. wetlands having the greatest functional value as determined by KEYWEP; 2. wetlands which are documented habitat of species of special status;and/or 3. undisturbed and disturbed wetlands located within the Improved Subdivision(IS)zoning CIL district.[F.S.§163.3177(6)d.2.e.,j.] ¢. GOAL 205 The health and integrity of Monroe County's native upland vegetation shall be protected and,where T possible,enhanced.[F.S.§163.3177(6)d.2.d.,h.] C Objective 205.1 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2.[F.S.§ 163.3177(6)d.2.d.,h.] y Policy 205.1.1 tJ The County shall establish the following criteria,at a minimum,to use when designating Tiers: [F.S.§163.3177(6)d.2.d.,h.] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I N based on following criteria: U • Natural areas including old and new growth upland native vegetated areas,above 4 acres in area. CNI N • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer,up to 500 feet in depth,if indicated by appropriate special species studies,between natural areas and development to reduce secondary impacts;canals or roadways,depending on size may form a boundary that removes the need for the buffer or reduces its depth. U Packet Pg. 2095 • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 0 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I W shall be designated Tier III. CILIL 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. N 5. Lands within the Ocean Reef planned development shall be excluded from any Tier r designation. Objective 205.2 To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study(FKCCS),Monroe County shall maintain land development regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities,including CIL hardwood hammocks and pinelands.[F.S.§163.3177(6)d.2.d.,h.] Policy 205.2.1 Monroe County shall maintain the boundaries of the tier system overlay based on the criteria in Policy 205.1.1. 0 Policy 205.2.2 Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or pinelands of one acre or more in area to protect areas of native upland vegetation(See Policy 101.6.4).[F.S.§163.3177(6)d.2.d.,h.] tJ Policy 205.2.3 Monroe County shall maintain clustering requirements as follows: 1. when a parcel proposed for development contains more than one (1) habitat type, development shall be: U a) clustered on the least sensitive portion of the parcel, until the maximum allowable density is reached; cV b) if further development occurs, it shall be clustered on the next least sensitive portion N of the parcel,until maximum allowable density is reached,etc.;and 2. development permitted on the least sensitive portion(s)of a parcel shall be clustered within that portion(s)of the parcel. U Packet Pg. 2096 For the purpose of this policy,the relative sensitivity of separate habitat types shall be as listed below with 1 (freshwater wetlands)being the most sensitive and 16(disturbed with exotics)the least sensitive. 1. Freshwater wetlands; 2. Salt marsh and/or buttonwood association wetlands; 3. Cactus hammock; 4. Palm hammock; 0 5. Beach/berm; 6. Pinelands 7. High Hammock 8. Low hammock .W. 9. Disturbed beach/berm; r 10. Disturbed with freshwater wetlands; N 11. Disturbed with salt marsh and/or buttonwood association wetlands; r 12. Disturbed with slash pines; 13. Disturbed with high hammock; 14. Disturbed with low hammock; 15. Disturbed;and CIL 16. Disturbed with exotics. Policy 205.2.4 Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering. Policy 205.2.5 Existing Conditions Reports shall include identification of measures for protecting native upland vegetation.Successful implementation of these measures shall be required as a condition of to issuance of a certificate of occupancy. [F.S.§163.3177(6)d.2.d.] 0 tJ Policy 205.2.6 The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps.Clearing of upland native vegetation communities in the Tiers I, II,III and III-A(SPA)shall be limited for the N portion of the property containing upland native vegetation in accordance with Policy 101.5.27." 0 [F.S.§163.3177(6)d.2.d.] Ca N "Clearing on Big Pine Key and No Name Key is limited to the provisions in the USFWS issued CNI Incidental Take Permit(ITP)TE083411-0. Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.5.27.For applications that receive points for lot aggregation under the Permit Allocation System for residential development,clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet,or as specified in Policy 101.5.27.The immediate development Packet Pg. 2097 area shall include the area of approved clearing shown on the approved site plan.The immediate development area shall be fenced throughout the duration of construction. During construction,there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing.[F.S.§163.3177(6)d.2.d.](Ord.No.026- 2012) Policy 205.2.8 Development shall not disturb the following vegetation: 1. champion trees; 2. specimen trees(diameter at breast height that is greater than seventy-five (75) percent of the record tree of the same species for the State of Florida);and 3. plant species listed by the USFWS as threatened and endangered. [F.S. CIL § 163.3177(6)d.2.d.,h.] Policy 205.2.9 Development shall be sited so as to avoid or minimize impacts to the following plants: r 1. species listed by the Florida Department of Agriculture and Consumer Services as threatened, endangered or commercially exploited (excluding those specifically protected by Policy 205.2.8); 2. other locally rare native species(See Policy 205.3.1);and 3. native trees with diameter at breast height(dbh)of four(4)inches or greater. CIL In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach,then the following options shall be considered by the County Biologist: (1) Successful transplantation of affected plants/individuals("successful transplantation"shall be defined as one-hundred(100)percent survival after a period of one(1)year);or 0 (2) Where the probability of survivability of transplanted plants is low or when there is no suitable planting area on the subject site(as determined in writing by the County Biologist), then the applicant shall be required to make a payment into the Monroe County Land Management and Restoration Fund (See Goal 209 and related objectives and policies). Payments into this Fund for this purpose shall be calculated as follows: Payments shall be equal to the replacement cost at a rate of 2:1 for all native trees over four inches dbh; all (, listed species of any size;and all locally rare native species.[F.S.§163.3177(6)d.2.d.] Policy 205.2.10 t8 Invasive exotic vegetation shall be removed from the development parcel as a condition for N issuance of a Certificate of Occupancy.[F.S.§163.3177(6)d.2.d.] Policy 205.2.11 N A list of invasive exotic upland plants shall be maintained by the County biologist and made N available to the general public.[F.S.§163.3177(6)d.2.d.] y Policy 205.2.12 Monroe County shall use the"December 1985 Habitat Classification Aerial Photographs,"as a general guide to habitat characteristics,supplemented by recent aerial photography and existing site analysis to determine any increases and/or losses in the amount of upland native O Packet Pg. 2098 vegetated areas.The County biologist shall review the best available data for the review of habitat areas. Policy 205.2.13 Monroe County shall require,in the Land Development Code,an Existing Conditions Report including a vegetation survey for any development that may disturb native upland vegetation.At a minimum the report shall include an analysis of the potential impacts of the proposed development on native upland habitats,a description of the measures designed to reduce 0 identified adverse impacts including clustering. Objective 205.3 Monroe County shall maintain the existing program for identification and protection of plant species of special status.These shall include plants designated as threatened and endangered by the FWS CIL and those designated as threatened,endangered,or commercially exploited by the Florida Department of Agriculture.[F.S.§163.3177(6)d.2.d.,e.] r Policy 205.3.1 N r Monroe County shall maintain a list of locally rare plant species.This list shall include species which are rare within the Florida Keys but which do not have special status.[F.S.§ 163.3177(6)d.2.d.,e.] Policy 205.3.2 Monroe County shall maintain maps showing occurrences of the following species: CIL 1. plant species designated by the FWS as threatened and endangered; 2. plant species designated by the Florida Department of Agriculture as threatened, endangered or commercially exploited;and 3. plant species designated as locally rare. Information shall be obtained from the Florida Natural Areas Inventory database,which shall be entered into the County's GIS.To the extent possible,the historic occurrence data shall be plotted on specific parcels for which the occurrences were recorded.The GIS data base shall be updated annually.[F.S.§163.3177(6)d.2.d.,e.] N Policy 205.3.3 tJ Monroe County shall participate in the Florida Champion Tree Program of the Florida Department of Agriculture.[F.S.§163.3177(6)d.2.d.,e.] Policy 205.3.4 N Monroe County shall work cooperatively with the FWS to promote the recovery of plant species designated by the federal government as threatened and endangered.Related activities shall include: cNi N 1. identification of sites in the Keys with key tree-cactus ( Polosocereus polygonus), Small's y milkpea( Galactia smallii),and Garber's spurge(Chamaesyce garberi); 2. notification to the FWS when development proposals are received for sites having historic and/or current occurrences of federally-designated plant species list in(1.)above; 3. cooperation with the FWS in locating potential introduction sites for federally-designated plant species;and O Packet Pg. 2099 4. technical assistance,and where possible,financial assistance,with acquisition of: a) sites having known populations of federally-designated plant species;or b) sites deemed highly suitable as re-introduction sites for such species. [F.S. § 163.3177(6)d.2.d., e.] Objective 205.4 E Monroe County,together with private,state,and federal agencies,shall maintain a program for acquiring and maintaining native upland habitat to implement Goal 105 and the recommendations in the FKCCS.(See Future Land Use Objective 102.4 and related policies).[F.S.§163.3177(6)d.2.d., e.] 0 Policy 205.4.1 The Monroe County Division of Growth Management shall work cooperatively with the Monroe W County Land Authority and other responsible state and federal agencies in developing and CIL administering the acquisition program.Acquisition shall be undertaken to implement the Monroe County Land Acquisition Master Plan(Objective 102.4).[F.S.§163.3177(6)d.2.d.,e.] Policy 205.4.2 Monroe County shall support the acquisition of native upland habitat for conservation within C" areas designated Tier I,Tier II,Tier III-A(SPA),and Florida Forever project boundaries. [F.S.§ 163.3177(6)d.2.h.] Policy 205.4.3 Monroe County shall continue to restore and maintain native upland vegetation systems on County-owned lands.[F.S.§163.3177(6)d.2.d.,e.] CIL GOAL 206 Monroe County shall protect and conserve existing wildlife and wildlife habitats.[F.S.§163.3177(6)d.2.e.] E Objective 206.1 0 Monroe County shall continue to enforce land development regulations which protect wildlife and wildlife habitat from adverse impacts of development. Policy 206.1.1 N An Existing Conditions Report(ECR)shall be required for land development projects that impact or propose removal of native habitat. As part of the ECR,the applicant shall be required to provide the following information related to t8 wildlife and wildlife habitat: 1. a vegetation survey that identifies the distribution and quality of native habitats; 0 2. an assessment of any endangered/threatened or protected species (which is known to fJ occur or for which potential suitable habitat occurs)within the parcel or lot proposed to be developed;and 3. identification of measures that will avoid or lessen the identified wildlife impact. to Monroe County shall,when deemed appropriate,incorporate wildlife impact avoidance measures as stipulations for the land development order. Policy 206.1.2 E Development shall be prohibited on offshore islands(including spoil islands)which have been O Packet Pg. 2100 documented as an established bird rookery,based on resource agency best available data or survey. Policy 206.1.3 Clustering requirements shall be revised so as to reduce habitat fragmentation(See Policy 205.2.3). Policy 206.1.4 Monroe County shall implement a'Permit Referral Process"for review of all development that occurs within areas designated as"Species Focus Areas(SFAs)"or"Species Buffer Areas (SBAs)".The SFAs or SBAs are areas identified by the U.S.Fish and Wildlife Service(USFWS) which contain potentially suitable habitat for nine federally protected species including:Eastern Indigo Snake,Key Deer,Key Largo Cotton Mouse,Key Largo Woodrat,Key Tree-Cactus, Lower Keys Marsh Rabbit,Schaus Swallowtail Butterfly,Silver Rice Rat,and Stock Island Tree CIL Snail. r Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency(FEMA)to review permit applications for compliance with the Federal Endangered Species Act through the'Permit Referral Process"within the floodplain regulations.The r purpose of the'Permit Referral Process"is to implement regulations that will assure,consistent with the 10th Amendment to the U.S.Constitution,state and county regulations, proper record retention,coordination,and notification of FEMA and USFWS regarding permit applications filed with or issued by Monroe County. Policy 206.1.5 CIL Monroe County shall work cooperatively with USFWS in requiring any development permit application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and endangered species that are not included in the USFWS April 30,2010 0) Biological Opinion,and/or are not included in the species addressed under the'Permit Referral Process"in Policy 206.1.4 above,to consult directly with USFWS and provide authorization from USFWS to Monroe County before commencement of development. Objective 206.2 Monroe County shall provide guidance to private landowners to reduce disturbances to wildlife species designated by the FWS as threatened or endangered. tJ Policy 206.2.1 Monroe County shall distribute management guidelines(if available)for wildlife species designated as threatened and endangered by the state and federal governments. The guidelines shall provide public education to residents and prospective developers within 0 critical habitat areas regarding activities disruptive or harmful to specific wildlife species.As Ca appropriate for each species,the guidelines may address items such as feeding,free-roaming N domestic pets,invasive exotic species,noise,traffic,fencing,pesticide applications,etc. CNi Policy 206.2.2 N Monroe County shall make the management guidelines for designated wildlife species available to the general public. Policy 206.2.3 U Packet Pg. 2101 Monroe County may,as appropriate,incorporate specific management guidelines for federally- designated wildlife species as conditions for development orders. Objective 206.3 Monroe County shall protect native wildlife species,especially state-and federally-designated species,from disturbance and predation by free-roaming domestic pets,particularly cats and dogs. Policy 206.3.1 0 Big Pine and No Name Keys shall be areas where the County shall strive to control free- roaming cats and dogs. 0 Policy 206.3.2 The control of free-roaming cats and dogs shall be of continuing interest for the following at risk listed species:Key Largo Cotton Mouse,Key Largo Woodrat,Lower Keys Marsh Rabbit,and the Silver Rice Rat. r Objective 206.4 N r Monroe County shall protect its native wildlife populations from invasive exotic wildlife species. Policy 206.4.1 To limit negative impacts to native fish and wildlife,Monroe County shall support Federal,State and non-governmental programs designed to avoid the introduction and establishment of,and to encourage the removal of,exotic invasive species;including but not limited to,supporting CIL lionfish derbies. Objective 206.5 Monroe County shall continue to discourage the destruction of,and work toward the recovery of,the federally-designated Key deer(Odocoileus virginianus clavium)and to protect its habitat;through the implementation of the policies incorporated herein. Policy 206.5.1 Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and No Name Key,consistent with the Goals,Objectives and Policies of this Comprehensive Plan and,the Incidental Take Permit(ITP)and Habitat Conservation Plan(HCP)for Florida Key Deer and other Protected Species on Big Pine Key and No Name Key to: t8 1. protect the Key deer; N 2. preserve and enhance the habitat of the Key deer;and 0 3. maintain the rural,suburban,and open space character of Big Pine Key. (See Future Land Use Objective 103.1 and related policies.) CNI Policy 206.5.2 N Monroe County shall continue to designate Key deer habitat areas as acquisition sites for h® conservation purposes,pursuant to Policy 102.4.2 and in accordance with the HCP&ITP.(See Future Land Use Objective 102.4 and related policies). Policy 206.5.3 U Packet Pg. 2102 Big Pine Key and No Name Key shall be high priority areas for enforcement of animal control laws. Policy 206.5.4 Monroe County shall continue to meet with the FWS to determine measures which can be taken by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key deer. Policy 206.5.5 ME On an ongoing basis,Monroe County shall strictly enforce speed limits on roads on Big Pine, No Name,Big Torch,Middle Torch,Cudjoe and Summerland and Sugarloaf Keys.Speed limits, traffic calming devices and other measures shall be applied to lower the probability of vehicle collisions with Key deer and Lower Keys marsh rabbits on County roads. CIL W Objective 206.6 r Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery of,the Florida manatee( Trichechus manatus),American Crocodile(Crocodylus acutus),and CNI marine turtles,as well as to protect the habitat of these species.Species of marine turtles to be r protected shall include the Atlantic Loggerhead Turtle( Caretta caretta),Leatherback Turtle Dermochelys coriacea),Atlantic Hawksbill Turtle(Eretmochelys imbricata),Green Turtle(Chelonia mydas),and Kemp's ridley Turtle(Lepidochelys kempi). Policy 206.6.1 Monroe County shall maintain land development regulations pertaining to permitted uses,siting CIL of structures,disturbances,removal of invasive vegetation,and restoration of native vegetation in beach/berm areas.(See Objective 210.1 and related policies). Policy 206.6.2 Monroe County shall continue to restore and maintain disturbed beach/berm areas on Monroe County owned or managed public lands.(See Objectives 210.1 and 210.2). Policy 206.6.3 Monroe County shall maintain the turtle protection ordinance and shall periodically amend the ordinance to reflect current Florida Fish&Wildlife Conservation Commission sea turtle lighting guidelines.(62B-55 FAC; 161.163 F.S.)Regulations of this ordinance apply to existing and new development and generally accomplish the following: 1. prohibit activities disruptive to marine turtles; 2. maintain standards for preventing interior lighting from illuminating nesting areas during the to nesting season; 0 3. maintain standards for mechanical beach cleaning;and N 4. protect marine turtles from predation. Policy 206.6.4 y Monroe County shall continue to protect marine turtles,crocodiles,and alligators from land development activities.Regulations shall generally accomplish the following: 1. restrict existing and prohibit new beachfront outdoor lighting in the vicinity of nesting areas; U Packet Pg. 2103 2. prohibit structures within fifty(50)feet of the crest of the beach/berm for any beach which is known to serve as an active nesting area; 3. establish general standards for coastal construction in the vicinity of active nesting areas; and 4. require removal of invasive exotic vegetation from development sites in beach/berms as a condition of development approval for adjacent uplands. Policy 206.6.5 Monroe County staff may attend routine training sessions in marine turtle handling.This training shall qualify staff to handle marine turtles and their eggs,as appropriate,when they are observed during beach site inspections. Objective 206.7 CIL Monroe County shall implement measures intended to protect the critical nesting and resting sites of its bird populations, including permanent and transient species. r Policy 206.7.1 N r Monroe County shall maintain regulations which limit land uses and establish protection measures for nesting areas,including artificial nesting areas,of wading birds, hawks,falcons, seabirds,shorebirds,and any bird species federally or state-listed as endangered,threatened, or a species of special concern. Policy 206.7.2 CIL Monroe County shall include nesting areas,or other critical habitat of bird species federally or state-listed as endangered,threatened,or a species of special concern,as potential acquisition sites for conservation purposes.(See Future Land Use Objective 102.4 and related policies.) Objective 206.8 Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery of,the federally-designated Schaus swallowtail butterfly(Heraclides aristodemus ponceanus)and the Miami blue butterfly(Cyclargus thomasi bethunebakeri). Policy 206.8.1 0 Monroe County shall encourage the planting of larval food and nectaring plants within the range of the Schaus swallowtail butterfly habitat.Restoration sites shall be re-vegetated,in part,with torchwood and other plants upon which this species depends.Tree donations for replacement of impacted potentially suitable habitat for the Schaus swallowtail butterfly shall include plants upon which this species depends. N Policy 206.8.2 Monroe County shall encourage the planting(in suitable habitats)of the types of plants upon which the Miami blue butterfly depends. Objective 206.9 Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery of,the federally-designated Stock Island tree snail( Orthalicus reses). Policy 206.9.1 U Packet Pg. 2104 The Monroe County Biologist shall coordinate with USFWS and other resource agencies to obtain periodic population counts for the Stock Island tree snail. Policy 206.9.2 Monroe County shall coordinate with the Florida Keys Mosquito Control District to take actions to direct spraying of mosquito control pesticides away from known populations and critical habitat of the Stock Island Tree Snail. Policy 206.9.3 ME Monroe County shall cooperate with the USFWS in locating potential introduction sites for the Stock Island Tree Snail. Policy 206.9.4 CIL Potential introduction sites for the Stock Island Tree Snail,which are not currently in public W ownership,shall be designated as acquisition sites for conservation purposes,pursuant to Policy 102.4.2.Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. N r Objective 206.10 Monroe County shall implement activities to protect the habitat of,and to prohibit the destruction of, and work toward the recovery of,the federally-designated eastern indigo snake(Drymachron corals couperi),Key Largo wood rat(Neotoma floridana smalli),silver rice rat(Orzomys argentatus),Key Largo cotton mouse(Peromyscus gossypinus allapaticola),American crocodile(Crocodylus acutus ),and the Lower Keys marsh rabbit(Sylvilagus palustris hefneri). CIL Policy 206.10.1 Monroe County,in cooperation with the FWS and FWC,shall identify wetland and native upland T habitats which are potentially suitable habitat for the following: C 1. eastern indigo snake (Drymachron corais couperi)(sites from No Name Key to Sugarloaf Key,on Big Torch Key, Middle Torch Key, Big Pine Key and Plantation Key); 2.1 2. silver rice rat ( Orzomys argentatus ) (sites on Cudjoe, Summerland, Big Torch, Middle 0) Torch,Saddlebunch,Little Pine,Raccoon,Water,and Johnson Keys); 3. Lower Keys marsh rabbit ( Sylvilagus palustris hefneri ) (sites on Sugarloaf, Welles, 0 Annette,Boca Chica, Big Pine and Hopkins Keys); 4. Key Largo wood rat(Neotoma floridana smalli)(on Key Largo); 5. Key Largo cotton mouse(Peromyscus gossypinus allapaticola)(on Key Largo);and 6. American crocodile(Crocodylus acutus). N Policy 206.10.2 N Sites identified pursuant to Policy 206.10.1 shall be identified as priority acquisition sites for CNI conservation purposes.Particular emphasis shall be placed upon acquisition of identified wetland and native upland sites which are located within Improved Subdivisions.Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. Objective 206.11 U Packet Pg. 2105 Monroe County shall implement activities to protect the habitat of,and to prohibit the destruction of, and work toward the recovery of,the federally-designated American alligator(Alligator mississippiensis). Policy 206.11.1 Monroe County shall maintain land development regulations which establish the open space requirement for freshwater ponds and freshwater wetlands at one-hundred(100)percent (Monroe County BOCC, 1990).(See Policy 204.2.2) 0 Policy 206.11.2 4- Monroe County shall continue to protect the freshwater lens systems and associated recharge areas on Big Pine Key and adjacent keys.Special measures shall be implemented to protect the quantity and quality of groundwater recharge to the freshwater lenses. CIL W GOAL 207 r Monroe County shall protect,conserve,and appropriately use its soil and mineral resources.[F.S.§ 163.3177(6)d.2.d.] r Objective 207.1 Within one(1)year after the adoption 2030 Comprehensive Plan,Monroe County shall adopt revisions to the land development regulations which establish additional health,safety,and environmental protection standards for the extraction or use of mineral resources. Policy 207.1.1 CIL New resource extraction activities and expansions to existing resource extraction operations shall be prohibited.Oil and gas exploration,extraction and production in Monroe County shall 0)be prohibited.Monroe County shall also oppose oil,gas and mineral exploration,extraction and production in the Florida Keys National Marine Sanctuary. C Policy 207.1.2 Existing resource extraction operations may continue in accordance with the specific limitations of their current permits.All existing resource extraction operations shall be required to utilize methods to prevent permanent groundwater and surface water contamination during resource extraction operations.These shall include but not be limited to the following: tJ 1. the first flush of runoff from the resource extraction site shall be retained on-site; 2. turbidity controls shall be used to prevent contamination of adjacent off-site surface waters; and 3. all point sources of pollution shall be managed in accordance with applicable regulations of the FDEP and the U.S.Army Corps of Engineers. 0 When an application for annual permit for existing resource extraction operations is proposed, CNI the requirement for groundwater and surface water quality protection measures shall be cli attached as permit conditions. Monitoring shall be required to determine compliance with state water quality standards. In the F® 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. Policy 207.1.3 Packet Pg. 2106 Monroe County shall prohibit blasting for natural resource extraction. Policy 207.1.4 Resource extraction activities shall not involve extraction below sixty(60)feet. Policy 207.1.5 As a condition of renewal for operating permits,existing resource extraction operators shall submit the following plans: 0 ME 1. stormwater management plan; 2. soil erosion and sedimentation control plan; 3. fugitive dust control plan; W 4. reclamation plan (consistent with standards adopted pursuant to Policy 207.1.8); the reclamation plan shall be approved by Monroe County; r 5. survey information documenting maximum depth of excavation and; 6. proof of financial responsibility including a reclamation guarantee to ensure monies will be available to complete the reclamation. Policy 207.1.6 Monroe County shall periodically inspect permitted sites to verify compliance with provisions of the control plans and reclamation plan upon which the annual operating permit is conditioned. Policy 207.1.7 CIL No permit renewals for resource extraction shall be issued for uses that are not conforming to the LDC. Policy 207.1.8 Monroe County shall encourage reclamation in accordance with the LDC;the FDEP standards contained in F.S.Chapter 378 Part IV;FDEP Rule 62C-36(Limestone Reclamation Requirements);and FDEP Rule 62C-39(Reclamation Requirements for Solid Resource other than Phosphate,Limestone,Heavy Minerals, and Fullers'Earth );whichever is most stringent. Objective 207.2 tJ Within one(1)year after adoption of the 2030 Comprehensive Plan,Monroe County shall prepare an inventory of active and abandoned mining sites. t8 Policy 207.2.1 ¢- Monroe County shall inventory active and abandoned resource extraction pits in the Florida Keys.The inventory shall include,at a minimum,the location,ownership,parcel and pit size, general assessment of remaining permitted resource potential,description of existing site tV conditions,environmental problems for each pit,a description of the reclamation plan,and a tV description of any financial assurances for reclamation. N Objective 207.3 Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall develop a plan for the reclamation and productive reuse of active and abandoned resource extraction sites. U Packet Pg. 2107 Policy 207.3.1 Monroe County shall work cooperatively with FDEP and South Florida Water Management District(SFWMD)to identify alternatives for adaptive reclamation and productive reuse of resource extraction pits in the Florida Keys. Policy 207.3.2 Monroe County shall develop and implement a strategy for encouraging reclamation and productive reuse of active and abandoned resource extraction sites.This shall include resource extraction sites presently exempted from reclamation.The strategy shall encourage owners of resource extraction sites,and encourage adjacent property owners,to implement strategies for reclamation and productive reuse. GOAL 208 CL Monroe County shall discourage private land uses on its mainland,offshore islands and undeveloped �y coastal barriers,and shall protect existing conservation lands from adverse impacts associated with r private land uses on adjoining lands.[F.S.§163.3178(2)(f)] N Objective 208.1 r Development of the mainland area of Monroe County and on the islands in the surrounding waters of Florida Bay, Hawk Channel,and other waters within the legal boundaries of Monroe County shall be controlled so as to reduce County public expenditures and to preserve the natural,cultural and historic resources of these areas.(See Future Land Use Objective 102.5 and related policies.)[F.S. §§163.3177(6)d.2.g.;163.3178(2)(f)] CL .N Policy 208.1.1 Monroe County shall maintain land development regulations which control land use activities on E the mainland area and the islands within the legal boundaries of Monroe County.[F.S.§ 163.3178(2)(f)] 0 Policy 208.1.2 F Monroe County shall continue to discourage new private development in undeveloped areas designated as units of the Coastal Barrier Resources System(CBRS).(See Future Land Use N Objective 102.7 and related policies.)[F.S.§163.3178(2)(f)] 0 GOAL 209 Monroe County shall continue to maintain and restore,as needed,and as funding is available,native habitat including marine,wetland,beach/berm,and native upland systems on County-owned or managed conservation lands.[F.S.§163.3177(6)d.2.d.,e.;F.S.§163.3178(2)(e)] N Objective 209.1 tJ As funding is available,Monroe County shall continue to restore and maintain marine,wetland, beach/berm and native upland systems on Monroe County owned or managed conservation lands. N [F.S.§163.3177(6)d.2.e.,j.;F.S.§163.3178(2)(e)] Policy 209.1.1 Within one(1)year after the adoption of the 2030 Comprehensive Plan,a list of invasive exotic plants shall be prepared by the Monroe County Land Steward.This list shall be updated as necessary and shall be made available to the public. O Packet Pg. 2108 Policy 209.1.2 Priority wetland restoration sites shall be those disturbed wetlands having the greatest functional value as determined through quantitative wetland assessment.[F.S.§ 163.3177(6)d.2.d.,e.;F.S.§163.3178(2)(e),(f)] 4y Policy 209.1.3 Priority upland restoration sites shall be identified on the basis of findings of the general evaluation of upland vegetation(See Objective 205.1 and related policies). Priority sites shall be those disturbed areas whose restoration will result in the greatest habitat benefit at the least cost.[F.S.§163.3177(6)d.2.d.] Policy 209.1.4 Monroe County shall continue the program to remove invasive exotic vegetation from County- owned or managed conservation lands.The County shall also continue to actively participate in the Florida Keys Invasive Exotics Task Force. r Policy 209.1.5 N r The restoration of County-owned beach/berm areas shall be a priority of the County's Land Management Program.[F.S.§163.3178(2)(e)] Policy 209.1.E Restoration priorities shall be developed by Monroe County in consultation with agencies of the federal and state government owning lands in the Florida Keys,and with appropriate federal CL and state regulatory agencies. Policy 209.1.7 Restoration projects shall be completed as funding becomes available.Local,state and federal funding sources shall be used to support restoration projects. 0 Policy 209.1.8 Monroe County shall continue to utilize the Monroe County Environmental Land Management and Restoration Fund for the management of County-owned and County-managed N conservation lands.The Fund may only be used for restoration and management activities of public resource protection and conservation lands. U Policy 209.1.9 Monroe County shall support the efforts of state and federal agencies and private groups that buy land for conservation purposes to remove invasive exotic vegetation from acquisition sites. 0 GOAL 210 U N The health and integrity of Monroe County's beach/berm resources shall be protected and,when possible,restored and enhanced. Objective 210.1 Monroe County shall protect beach/berm resources by maintaining regulations that protect beach/berm resources. Policy 210.1.1 O Packet Pg. 2109 Permitted uses within the shoreline setback along natural shorelines characterized by beach/berm vegetation shall be limited to docks and walkways.Access shall be restricted to dune walkover structures which,in the absence of a dock,shall terminate at the waterward toe of the dune.All structures shall be elevated on pilings or other supports. Policy 210.1.2 No beach/berm material shall be excavated or removed and no fill shall be deposited on a beach/berm. 0 Policy 210.1.3 4— Clearing of beach/berm vegetation in the area landward of the shoreline setback shall be limited to the minimum clearing required to allow development of a permitted use.Prior to commencement of construction,the immediate area required for construction shall be enclosed W with fencing.No vehicular or pedestrian traffic shall be permitted outside the fenced areas for CL .w the duration of the construction period.All areas disturbed during construction shall be �y managed to avoid the introduction and/or establishment of invasive exotic species. r Policy 210.1.4 CN r Beach/berm areas disturbed during construction shall be immediately restored to stable condition.Restoration techniques shall be designed to achieve the maximum stability possible. Native plants shall be used exclusively in re-vegetation. Invasive exotic vegetation shall be removed from the development site as a condition for issuance of a Certificate of Occupancy. Policy 210.1.5 CL Existing and new outdoor lighting shall be restricted or prohibited,as appropriate,so as to avoid adverse impacts on beach nesting areas(See Policies 206.6.3 and 206.6.4). Policy210.1.E Commented[ed2]:Continue this policy as is in HE future sea level rise impacts or is this limited enougl Seawalls shall be prohibited on any beach or open water(unaltered)shoreline except as natural areas where there would be no impacted necessary to address public health and safety issues related to future flood rise from sea level nfrastructure or private property from seasonable' = ig rise. or sea level rise?Create an exception for public hea CO I safety?Could there be cases along an open water u ^d Policy 210.1.7 shoreline where future flooding from sea level rise r N become more common and a seawall would be neo C to Monroe County shall maintain a program to restore and maintain disturbed beach/berm protect road or property flooding? resource areas on public lands. Policy 210.1.8 Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall prepare beach management plans for all publicly-owned beaches(See Recreation and Open N Space Objective 1201.7 and related policies).Plans shall be maintained to be consistent with the current County Restoration Plan. fJ N Objective 210.2 Monroe County shall maintain a program for acquiring undisturbed beach/berm resource areas(See Future Land Use Objective 102.4 and related policies).[F.S.§163.3178(2)(e)] F® Policy 210.2.1 The County,in cooperation with the Monroe County Land Authority shall continue to develop and administer a beach/berm acquisition program.[F.S.§163.3178(2)(e)] Packet Pg. 2110 Policy 210.2.2 Monroe County shall support the acquisition of undisturbed beach/berm resource areas for conservation within areas designated Tier I,Tier II,Tier III-A,and the Florida Forever project boundaries.Priority beach/berm acquisition sites shall include those that: 1. are documented nesting sites for state-and federally-designated species;and/or 2. can accommodate public recreation uses without adverse impacts on sensitive natural resources(See Parks and Open Space Element Policy 1201.2.4);and/er 3. are located within Improved Subdivisions (IS) zoning districts. [F.S. § 163.3178(2)(e)]; nd/or 4. provide nature-based resilience benefits such as flooding and surge mitigation or erosion control.I Commented[ed3]:Just a thought. Not sure if th Id GOAL 211 significantly expand a list of these areas or provide i R_. i flexibility for results ofthe Shoreline Vulnerability S' Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to results. r ensure the continued availability of high quality potable water.[F.S.§163.3177(6)d.2.b.,c.] N r Objective 211.1 Monroe County shall encourage the use of water conservation strategies,including,but not limited to cisterns,on-site stormwater collection systems used for irrigation and bio-swales,and work cooperatively with FKAA and Miami-Dade County to encourage water conservation efforts and assure that land use planning and development controls are maintained which protects the recharge area of the Florida City Wellfield from potential sources of groundwater contamination and saltwater CL intrusion.(See Potable Water Objective 701.3 and related policies).[F.S.§163.3177(6)d.2.b.,c.] Policy 211.1.1 Monroe County shall continue to assist the FKAA with water conservation efforts,including implementing the FKAA's Water Conservation Plan,consistent with SFWMD's Water Shortage Plan and Water Consumption Guidelines,and shall implement measures to further conserve potable water.(See Potable Water Objective 701.5 and related policies).[F.S.§ 163.3177(6)d.2.b.,c.] Policy 211.1.2 N 0 Monroe County has identified the freshwater lens system and associated recharge areas of the Ca Florida Keys as noted within Water Resources of Big Pine Key,Florida,(Hanson, 1980).Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall adopt land development regulations that regulate the storage and use of hazardous materials in recharge areas,prohibiting new water withdrawals,and phasing out existing water withdrawals to protect freshwater lenses.[F.S.§163.3177(6)d.2.b.,i.] N 0 GOAL 212 CJ N Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economic viability of the N County.[F.S.§163.3178(2)(g)] Objective 212.1 ;. Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall develop and implement measures for regulating shoreline uses.Such measures shall reflect the following order of priorities: O Packet Pg. 2111 1. water-dependent uses; 2. water-related uses; 3. water-enhanced uses;and 4. uses and activities that are not water-dependent,water-related,or water-enhanced, but for which there is no practicable upland alternative to meet the public need for the use or activity,shall receive the lowest priority for a coastal location.[F.S.§163.3178(2)(g)] Policy 212.1.1 0 Within five(5)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall ME develop a Shoreline Use Priorities Plan which shall provide for siting of uses consistent with the following order of priority: 1)water-dependent uses,2)water-related uses,3)water-enhanced uses,and 4)uses that are not dependent upon or related to shoreline access.The plan shall accomplish the following: CL 1. establish performance standards for shoreline development, (including resiliency strategies, ___- Commented[ed4]:Do you want to revisit/reviev, consistent with criteria for marina siting(See Objective 212.3 and related policies); Plan and assure that any Uses are based on best pre oy 2. identify environmentally suitable waterfront areas and recommend strategies for reserving for resilience?Is this necessary?Seems to make ser tV such areas for water-dependent, water-related, and water-enhanced development sites protect these investments,but will existing develop r consistent with estimated need; criteria achieve this goal anyway?If so,does it beloi or in the next Policy 212.1.2? 3. analyze conflicts among existing shoreline uses and recommend strategies for reducing or eliminating such conflicts;and 4. identify strategies for encouraging appropriate mixed use development that includes water- dependent, water-related, and water-enhanced uses and is compatible with existing land CL uses.[F.S.§163.3178(2)(g)] ¢ Policy 212.1.2 Within one(1)year after the preparation of the Shoreline Use Priorities Plan, Monroe County T shall: C 1. adopt an amendment to the Comprehensive Plan that incorporates recommendations of the Shoreline Use Priorities Plan;and 2. adopt land development regulations that regulate existing and new shoreline development consistent with the recommendations of the Shoreline Use Priorities Plan, within one year of the adoption of the amendment proscribed above.[F.S.§163.3178(2)(g)] Policy 212.1.3 Monroe County shall maintain existing(January 4, 1996-the effective date of the Monroe County Year 2010 Comprehensive Plan)commercial fishing operations as conforming uses. [F.S.§163.3178(2)(g)] ¢ Objective 212.2 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts,aesthetic impacts,and hydrologic impacts of shoreline development.[F.S.§ tV 163.3178(2)(g)] N Policy 212.2.1 Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall evaluate the minimum shoreline setbacks currently in use in Monroe County in coordination with DEO,FDEP and FWC. Setbacks shall be identified which will accomplish the following: O Packet Pg. 2112 1. protect natural shoreline vegetation; 2. protect marine turtle nesting beaches; 3. protect water quality; 4. protect structures from the effects of long-term sea level rise; 5. protect beaches and shorelines from erosion;and 6. allow redevelopment of existing waterfront commercial structures consistent with the existing community character and preserve overwater views. Policy 212.2.2 0 Within one(1)year after completion of the evaluation in Policy 212.2.1,the existing setbacks in the Land Development Code may be revised as deemed appropriate based upon findings of this review.The setbacks currently in use may be relaxed only through the Special Approval CL process in Policy 212.2.4.Existing setbacks are as follows: 1. twenty (20)feet from the mean high water (MHW) line of manmade water bodies and/or lawfully altered shorelines of natural water bodies; tV 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered r shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist,from the mean high water(MHW)line;and 3. fifty (50) feet from any shoreline area which is known to serve as an active nesting or resting area for marine turtles, crocodiles, terns, gulls and other birds. [F.S. § 163.3178(2)(g)] CL Policy 212.2.3 The definitions for the terms"altered shoreline"and"unaltered shoreline"are as follows: 1. altered shorelines are generally located directly along dredged canals, basins and T channels and/or have been filled or vertically bulkheaded to such a degree that the original natural slope landward of the water is no longer present. 2. unaltered shorelines are generally located along natural non-dredged waterways and open water and have a sloping profile typical of the original natural conditions of the shoreline even though fill or riprap may be present. Policy 212.2.4 0 I " Commented[ed5]:Any components of this Polic to be modified to add future flooding sea level rise i I Permitted uses and performance standards within the shoreline setback shall be as follows: issues? Except as provided herein,principal structures shall be set back as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, N principal structures shall be set back at least twenty(20)feet as measured from the mean high water(MHW)line; 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for N parcels less than 4,000 square feet that are developed with a lawfully established principal tV use,the required setback may be reduced to a minimum of ten (10)feet provided that the structure is sited so as to protect community character and minimize environmental impacts by maintaining open space and protecting shoreline vegetation. 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill: U Packet Pg. 2113 a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, principal structures shall be set back at least thirty(30)feet as measured from the mean high water (MHW) line or the landward extent of the mangroves,whichever is further inland. b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30)feet from the mean high water(MHW)line, provided that native vegetation exists or is planted and maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50)feet as measured from the mean high water (MHW)line. C. On infill lots surrounded by significant development where principal structures are set back less than fifty (50)feet from mean high water (MHW)or the landward extent of —_ mangroves, the Director of Planning and Environmental Resources may evaluate the community character, the presence or absence of environmental features, and the CL 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 r practicable or in line with adjacent principal structures. In no event shall the setback �y be less than twenty (20)feet. On shorelines where the existing pattern of setback is tV greater than thirty(30)feet,the greater setback shall apply. r 4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty (50)feet as measured from the mean high water(MHW)line or the landward extent of the mangroves,whichever is further landward; Accessory structures within the shoreline setback shall be designed to meet the following criteria: CL 1. Along altered shorelines,including manmade canals,channels,and basins: a. In no event shall the total,combined area of all structures occupy more than sixty(60) percent of the upland area of the shoreline setback; b. Accessory structures, including, pools and spas shall be set back a minimum of ten (10)feet,as measured from the mean high water(MHW)line; 0 2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe of at least ten(10)feet in width occurs across the entire shoreline of the property: N a. In no event shall the total,combined area of all structures occupy more than thirty(30) percent of the upland area of the shoreline setback; tJ b. Accessory structures other than docks and erosion control structures shall be set back a minimum of fifteen (15)feet,as measured from the mean high water(MHW)line or the landward extent of the mangroves,whichever is further landward; 3. Along unaltered shorelines: a. In no event shall the total,combined area of all structures occupy more than thirty(30) percent of the upland area of the shoreline setback; U N b. Accessory structures other than docks and erosion control structures shall be set back a minimum of twenty-five (25)feet, as measured from the mean high water (MHW) line or the landward extent of the mangroves,whichever is further landward; 4. Any proposed development within the shoreline setback shall include a site-suitable �tormwater management plan for the entire developed parcel which meets the Commented[ed6]:Should this stormwater manz ,t requirements of the land development regulations; plan include a consideration for future sea level rise iy not function in xx years as designed without considf 5. All structures within the shoreline setback shall be located such that the open space ratios future conditions. See also Policy 212.2.5. Mentior O at for the entire parcel and all scenic corridors and bufferyards are maintained; all or address though LDRs? t8 Packet Pg. 2114 6. 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 infiltration of stormwater runoff; 7. Side yard setbacks must be maintained for all structures in the shoreline setback except for docks,sea walls,fences,retaining walls,and boat shelters over existing boat ramps; 8. No enclosed structures, other than a dock box of five(5)feet in height or less,a screened gazebo, and a screen enclosure over a pool or spa, shall be allowed within the shoreline setback. Gazebos must be detached from any principal structure on the parcel. No decks or habitable spaces may be constructed on the roof of any gazebo in the shoreline setback; 9. Pools, spas,fish cleaning tables, and similar pollutant sources may not discharge directly into surface waters.Where no runoff control structures are present, berms and vegetation shall be used to control runoff. Native vegetation shall not be removed to install berms or runoff control structures; 10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals, r channels, and basins with little or no native vegetation,and shall be located and designed so as not to create a nonconformity for other structures set back from the new mean high tV water(MHW)line created by the boat ramp;and r 11. The roof and supporting members of a boat shelter constructed in compliance with Section 118-10 of the Land Development Code, as amended (hereby incorporated by reference), may extend two (2)feet into the shoreline setback around the perimeter of a boat basin or ramp. This area shall be subtracted from the total area allowed for all structures within the shoreline setback. 12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. CIL 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 E so as to determine whether more hydrological benefits will accrue through their removal as part of the project. C 13. No development other than pile supported docks and walkways designed to minimize adverse impacts on marine turtles shall be allowed within fifty (50)feet of any portion of any beach berm complex which is known to serve as a nesting area for marine turtles: a. The fifty(50)foot setback shall be measured from either the landward toe of the most landward beach berm or from fifty(50)feet landward of MHW,whichever is less.The maximum total setback will be one hundred(100)feet from MHW. Ca b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum horizontal distance of four(4)feet between pilings or other upright members t8 and a minimum clearance of two (2)feet above grade. The entire structure must be designed to allow crawling turtles to pass underneath it moving only in a forward N direction. Stairs or ramps with less than the minimum two (2)feet clearance above grade are discouraged. If built, these portions of the structure shall be enclosed with 0 vertical or horizontal barriers no more than two (2) inches apart, to prevent the U entrapment of crawling turtles. C. 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 ("crawls") have been otherwise documented. Within mapped nesting areas, the Director of Planning and Environmental Resources may, in cooperation with FDEP, determine that specific segments of shoreline have been previously, lawfully altered to such a degree that suitable nesting habitat for marine turtles is no longer present. In such cases, the Director may recommend reasonable measures to restore the nesting habitat. If such Packet Pg. 2115 measures are not feasible, the Director will waive the setback requirements of this paragraph. Restoration of suitable nesting habitat may be required for unlawfully altered beaches. units,the Planning Commission may approve deviations from the above standards as what that looks like now,leave it to case 14. (Special Approvals: Commented[ed7]:Do you want to incorporate a a. For structures serving commercial uses, public uses, or more than three dwelling adaptation component to this but instead of prescri 0) by case a major or minor conditional use. Such approval may include additional structures or determinations through Special Approvals? uses provided that such approval is consistent with any permitted uses,densities,and intensities of the land use district,furthers the purposes of this section, is consistent with the general standards applicable to all uses, includes an adaption component to respond to seasonal flood or future sea level rise, and the proposed structures are located in a disturbed area of an altered shoreline. Such additional uses are limited to _ waterfront dining areas, pedestrian walkways, public monuments or statues, informational kiosks, fuel or septic facilities, and water-dependent marina uses. Any CL such development shall make adequate provision for a water quality monitoring program for a period of five(5)years after the completion of the development. r b. For structures serving three or fewer dwelling units, the Director of Planning and Environmental Resources may approve designs that address unique circumstances tV such as odd shaped lots, even if such designs are inconsistent with the above r standards. Such approval may be granted only upon the Director's written concurrence with the applicant's written finding that the proposed design furthers the purpose of this section or includes an adaption component to respond to seasonal flooding or future sea level rise, 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 CL available for after-the-fact permits submitted to remedy a Code Enforcement violation. C. All structures lawfully existing within the shoreline setback along manmade canals, channels,or basins,or serving three or fewer dwelling units on any shoreline, may be E rebuilt in the same footprint provided that there will be no adverse impacts on stormwater runoff or navigation. d. Docks or docking facilities lawfully existing along the shoreline of manmade canals, channels,or basins,or serving three or fewer dwelling units on any shoreline, may be expanded or extended beyond the size limitations contained in this section in order to reach the water depths specified for docking facilities in Policy 212.4.2 or to respond to seasonal flooding or future sea level rise.Any dock or docking facility so enlarged must comply with each and every other requirement of this Policy and Section 118-12 of the Land Development Code, as amended (hereby incorporated by reference). [F.S.§163.3178(2)(g)] Policy 212.2.5 Stormwater management criteria applicable to the shoreline setbacks shall encourage Best Management Practices(BMPs)which utilize natural berms and vegetation to control runoff from waterfront property.Berms shall not be installed where shoreline vegetation is present.Where Ca berms are used along artificial waterways,they shall be raised so that there is a 'gradual slope tV away from the canal edge. In any case,all stormwater management criteria shall conform to Commented[ed8]:is there a possibility with sea! CV adopted level of service standards for water quality and quantity(See Drainage Element flooding and/or sea level rise that these slopes may Objective 1001.1 and related policies). adequate? N Objective 212.3 ;. Marina facility development and redevelopment shall be consistent with the marine resource constraints,be located in areas where maximum physical advantages exist and where no U Packet Pg. 2116 unreasonable or excessive impacts are foreseen on natural resources and other significant resource. [F.S.§163.3178(2)(g)] Policy 212.3.1 Monroe County shall maintain data on marine facilities(as available),including existing recreational and commercial marinas,such as: 1. number of wet and dry slips; 2. usage rates of wet and dry slips; 3. breakout of slips by boat size; 0 4. on-site amenities including the number of parking spaces; 5. surrounding uses and any known or potential compatibility problems; CL 6. availability for public use(recreational marinas only); W 7. number of boat ramps provided and the boat lanes for each ramp; r 8. condition of facilities; N r 9. location and condition of adjacent navigational aids; 10. availability of pump-out facilities;and 11. controlling depth..[F.S.§163.3178(2)(g)] Policy 212.3.2 The development of new marina facilities shall be located in areas where maximum physical CL advantages exist and where no unreasonable or excessive impacts are foreseen on marine resources.Proposed new marina facilities shall meet the following requirements:p 9 q Commented[ed9]:This is focused on impacts to resources,but what about tanks,electrical compon C) 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass distribution lines,etc.that will flood more often wit or hardbottom(including hard and soft corals)should be avoided. Boat mooring sites(slips tides and sea level rise?Address here or somewher, or docks)shall not be located over a seagrass bed community or hardbottom community LDRs? 0 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 inventory and assessment data. New marina development shall not adversely impact the quality of water during construction or use. 3. Adequate Water Depth and Access. There shall be a minimum of four (4)foot of water depth at mean low water at the marina site(including the mooring slips,turning basin,and access channels), and the water depth shall be continuous to open water over a channel width of twenty(20)feet.Water depth shall be adequate for the proposed vessel use such U that there be a minimum of one (1)foot clearance between the deepest draft of the vessel CN and the bottom at mean low water. Greater water depths shall be required for those facilities proposed for accommodating vessels having greater than a three (3)foot draft. Sites shall not require dredging or filling to provide access. 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal modification to the shoreline shall be permitted per County Land Development Code Section 118-1, 118- 12(m),and(o). Packet Pg. 2117 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. Q Q 7. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall ME 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 CIL data from the Florida Fish and Wildlife Conservation Commission. 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or r historic resources/sites. CNI Applicants for new marina development shall be responsible for providing existing physical and r environmental site data specific to the proposed site to demonstrate the marina siting criteria described above is met. Policy 212.3.3 Applicants for development approval of marinas with three(3)or more slips shall meet the following: CIL 1. Monroe County's marina siting criteria(See Policy 212.3.2); 2. Monroe County's dock siting criteria(See Objective 212.4 and related policies);and E 3. criteria of Rules 62-312 and 18-21.0041, F.A.C.and Section 163.3178(2)(g),F.S. Policy 212.3.4 Applicants for development approval of docking facilities for fewer than three(3)slips shall meet the following criteria: 1. Monroe County's dock siting criteria(See Objective 212.4 and related policies);and Q 2. criteria of Rules 62-312 and 18-21.0041, F.A.C. Policy 212.3.5 Applicants proposing a new marina facility shall obtain necessary permits from all applicable (B state and federal regulatory agencies. N Objective 212.4 Q tJ N Monroe County shall maintain land development regulations pertaining to mooring fields and structures built over water(including,but not limited to,boat docks,fishing piers,swimming piers and observation decks).[F.S.§163.3178(2)(g)] N Policy 212.4.1 Monroe County shall support state policies and regulations concerning the permitting of marinas,docks and piers,except in those instances where more stringent regulations adopted by Monroe County shall be maintained.[F.S.§163.3178(2)(g)] O Packet Pg. 2118 Policy 212.4.2 Except as provided herein,siting of single family docks,boat ramps,and boat slips on manmade water bodies shall require minus four(4)feet mean low water(MLW)depths at the terminal end.These structures must have continuous access to open water at depths of minus four(4)feet(MLW)or greater over a channel width of twenty(20)feet,or access to open water via a marked,federally and state approved navigation channel. 1. Docking facilities may be developed on any shoreline if there is a mean low water(MLW) depth of a least minus four (4) feet at the terminal end of the docking facility, and continuous access to open water,or 2. Docking facilities may be developed on the shoreline of lots in a subdivision if the docking facility is located in a channel or canal or basin that connects five or more contiguous lots which was dredged before 1986, and if there is a mean low water(MLW)depth of at least minus four(4)feet at the terminal end of the docking facility. CL For purposes of this policy"open water"means the portion of the straits of Florida,Florida Bay, the Gulf of Mexico,or the Atlantic Ocean which consists of an uninterrupted expanse of water r deeper than four(4)feet at mean low water(MLW)and"continuous access"means a natural passage or an existing manmade channel no shallower than four(4)feet at mean low water C44 (MLW)and no narrower than twenty(20)feet. Policy 212.4.3 The minimum water depth requirement at the mooring site shall be minus four(4)feet mean low water. CL Policy 212.4.4 The following restrictions shall apply to all structures built over or adjacent to water(including but not limited to boat docks,fishing piers,swimming piers and observation decks): E 1. the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located,subject to a maximum length of 100 feet from the mean low water line; 2. the length of docks shall not exceed ten (10) percent of the width of the waterbody as measured laterally across the waterbody from the proposed location of placement and from the point of mean low water to the opposing point of mean low water (exception to this shall be made in cases where adequate depth at the terminal end of the dock pursuant to Policies 212.4.2 and 212.4.3 is not available; in such cases the dock may be shortened only enough to allow the centerline of an average width vessel to lie in four feet of water at mean low water); t8 3. no dock together with a moored boat shall preempt more than twenty-five (25) percent of the navigable portion of a man-made waterbody.This should allow for a structure built over N water on either side of the waterbody to have a moored boat and room for free passage of two boats down the center of the waterbody; U Commented[ed10]:Here's why: many local N 4. all fishing, swimming, and other piers and observation decks shall conform to design governments are adopting stricter(higher)criteria r criteria to be adopted in the land development regulations which prohibit their use as a to docks and seawalls. If you are the low seawall in dock. neighborhood and water is coming onto your prope fn i flooding others,that"nuisance"can provide a theo A special exception procedure shall be included in the Land Development Code to allow the compel the owner to address his/her flooding impa, minimum relaxation of the above restrictions which is necessary to provide the upland owner other property owners,streets,etc. I don't know if reasonable access to adjacent waters for recreational use.That special exception procedure situation could exist,but it seems likely in the futur( 0) shall incorporate,among other criteria,requirements that such structures not be inconsistent more King Tides/sea level rise. In fact I can thinkof with community character,not interfere with public recreational uses in or on adjacent waters, property in Twin Lakes that is already the conduitfc U and pose no navigationalnuisance or safety hazard. flooding on that block(Crane Street). t8 Packet Pg. 2119 Policy 212.4.5 Monroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of water depth,except as may be permitted by the FDEP.This prohibition shall not apply to mooring fields,if there is an overriding public interest or benefit.Applicants for mooring fields shall provide data and analysis demonstrating environmental,social,and economic benefits which would accrue to the public at large as a result of a proposed facility.[F.S.§ 163.3178(2)(g)] Policy 212.4.6 4— Docking facilities and piers shall not terminate on submerged land which is vegetated with seagrasses or characterized by a hard-bottom community, regardless of water depth,except as may be permitted by the FDEP.Design criteria to permit sunlight to reach the bottom shall be adopted. No boat shelters or gazebos shall extend over submerged lands vegetated with CL seagrasses or over hard-bottom communities. �y r Policy 212.4.7 CN Monroe County shall establish,evaluate and identify potential sites for the installation of r mooring fields and maintain policies and regulations pertaining to mooring fields,which specifically address the following(some sections may not apply to short-term recreational mooring fields): 1. Siting criteria; 2. Mooring design criteria based on seagrass protection as permitted by FDEP; CL 3. Recommendations or standards for management from shore-side facilities;and 4. Provision of vessel pump-out services;and[F.S.§163.3178(2)(g)] 5. Current need for moorings and projected use. Objective 212.5 0 Monroe County shall maintain land development regulations pertaining to shoreline stabilization that consider resiliency benefits.[F.S §163.3178(2)(e)] Commented[ed11]:This may give you some flex 'n Policy 212.5.1 I light of King Tides/sea level rise. Commented[ed12]:Need any relief from this pr 0 on No new bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted in light of seasonal flooding or sea level rise? _JI on open water(unaltered shorelines).[F.S.§163.3178(2)(e)] Policy 212.5.2 In lieu of bulkheads,seawalls or other hardened vertical shoreline structures,residential canals N and altered shorelines shall be stabilized by maintaining native vegetation.When it can be demonstrated that native vegetation will not prevent erosion,then riprap or sloping rock revetments shall be permitted.[F.S.§163.3178(2)(e)] N Policy 212.5.3 Bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted on F® residential canals and altered shorelines only in the following situations: 1. to replace an existing deteriorated bulkhead or seawall; U Packet Pg. 2120 2. to protect property, infrastructure or resources from seasonal flooding or sea level rise;or 3. to stabilize a severely eroding shoreline area.[F.S.§163.3178(2)(e)] Policy 212.5.4 Shoreline structures shall be designed to protect tidal flushing and circulation patterns.Any project which 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 0 the project.Previously existing manmade alterations shall be evaluated so as to determine 0 whether more hydrological benefits will accrue through their removal as part of the project.[F.S. §163.3178(2)(e)] GOAL 213 Monroe County shall ensure adequate public access to the beach or shoreline.[F.S.§163.3178(2)(g)] Objective 213.1 r Monroe County shall�_aiRt^i^I and the amount of Commented[ed13]: what does this mean in the C xt public access to the beach or shoreline consistent with the estimated public need and 'environmental of sea level rise and King Tides?What if maintaining constraints.[F.S.§163.3178(2)(g)] public access in a particular location or multiple lots � becomes impossible and you have to decrease wha Policy 213.1.1 maintain?There isn't a legal standard of care here I re is for roads and drainage. Within three(3)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall complete a Public Access Plan for unincorporated Monroe County.The Public Access Plan Commented[ed14]:I think environmental const shall estimate the existing capacity of and need for the following types of public access facilities includes flooding impacts. CL which are available to the general public: 1. public access points to the beach or shoreline through public lands; E 2. public access points to the beach or shoreline through private lands; 3. parking facilities for beach or shoreline access; 0 4. coastal roads and facilities providing scenic overlooks; 5. marinas; W 6. boat ramps; 7. public docks; 8. fishing piers;and 9. traditional shoreline fishing areas.[F.S.§163.3178(2)(g)] Policy 213.1.2 Monroe County shall i..,^",taiR or•^^'^ �upport or replace physical public access to beaches Commented[ed15]:What if maintenance can't t fJ a and shorelines,including reclaiming public access through county owned land that has been anymore because offlooding or it doesn't make ecc encroached upon by neighboring property owners,in accordance with provisions of the sense in that location?Same issues as above. appropriate park master plans and current management plans for County-owned beaches.(See Recreation and Open Space Objectives 1201.3 and 1201.7 and related policies.)[F.S.§ W 163.3178(2)(g)]( )(g)1 Commented[ed16]:I thinkthis is a really import F® thing. You don't know if you are going to keep mail g COAL 2141 or replacing this the way you are today. "Support" )re flexible term. Monroe County shall provide the necessary services and infrastructure 0 support existing and new development proposed by the Future Land Use Element while limiting County public expenditures which Commented[ed17]:Here you use support,I like O better. t8 Packet Pg. 2121 result in the loss of or adverse impacts to environmental resources in the Coastal Zone.[F.S.§ 163.3178(2)(f)] Objective 214.1 County public expenditures for infrastructure in the Coastal Zone shall be phased in accordance with a capital improvements schedule to maintain)the adopted level of service(LOS)standards Commented[ed18]:A coming issue to address. established in the Comprehensive Plan.[F.S.§163.3178(2)(f),(i)] Policy 214.1.1 ME Monroe County shall maintain level of service standards(LOS)for the following public facility types:roads,sanitary sewer,solid waste,drainage,potable water,parks and recreation,and mass transit.The LOS standards are established in the following sections of the Comprehensive Plan: CL 1. The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2; �y 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. �he LOS for drainage is established in Drainage Policy 1001.1.1;and Commented[ed19]:A coming issue to address. 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. Policy 214.1.2 CL Monroe County shall maintain land development regulations which provide a Concurrency Management System(See Capital Improvements Policy 1401.4.5).The Concurrency Management System shall ensure that no permits will be issued for new development unless adequate public facilities needed to support the development at the adopted LOS standards are available concurrent with the impacts of development.[F.S.§163.3178(2)(f),(i)] 0 Policy 214.1.3 Monroe County shall limit public expenditure on the mainland to the(repair and maintenancelof Commented[ed20]:I think this is fine,it's the lei W existing public facilities and infrastructure.[F.S.§163.3178(2)(f),(i)] standard of care for infrastructure. I 0 GOAL 215 (, Monroe County shall provide for hurricane evacuation,shelters and refuges,and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. _ [F.S.§163.3178(2)(d)] Objective 215.1 U Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours.[F.S.§ 163.3178(2)(d)] Policy 215.1.1 N Monroe County shall continue to work cooperatively with the municipalities and DEO to complete the tasks within Rule 28-20.140 F.A.C,related to hurricane evacuation modeling.[F.S. Policy 215.1.2 O Packet Pg. 2122 During a hurricane evacuation,Monroe County shall designate US 1 and Card Sound Road as evacuation routes as directed by the Department of Emergency Management.[F.S.§ 163.3178(2)(d)] Policy 215.1.3 Monroe County shall annually identify and establish staffing and equipment need priorities which are directly related to increasing efficiency during hurricane evacuation,including,but not limited to,communication systems,emergency coordination personnel,public education personnel,and development review personnel.Opportunities for fulfilling the deficiencies with reliable interagency support shall be identified and interlocal agreements initiated.[F.S.§ 163.3178(2)(d)] Policy 215.1.4 In the event of a pending major hurricane(category 3-5)Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour �y hurricane evacuation clearance time for the resident population. r 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient r and non-transient),and military personnel from the Keys shall be initiated.State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. CIL 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone(described below)shall be initiated. Existing evacuation zones are as follows: a) Zone 1 -Key West,Stock Island and Key Haven to Boca Chica Bridge(MM 1-6) b) Zone 2-Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40) c) Zone 3-West end of 7-Mile Bridge to West end of Long Key Bridge(MM 40-63) d) Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63- N 106.5 and MM 1-9.5 of CR 905) 0 e) Zone 5-905A to,and including Ocean Reef(MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual evacuation events and increases,decreases and or shifts in population;particularly the resident and non-resident populations.[F.S.§163.3178(2)(d)] N This Policy shall not increase the number of allocations to more than 197 residential units a N year,except for affordable housing.Any increase in the number of allocations shall be for affordable housing only. Policy 215.1.5 In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan, special needs populations shall be identified by the Monroe County Department of Emergency U Packet Pg. 2123 Management.Monroe County shall implement the procedures contained in the Plan for the safe evacuation of these populations.[F.S.§163.3178(2)(d)] Policy 215.1.E Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall adopt land development regulations which require that all new and redeveloped marinas provide a hurricane contingency plan for review and approval before permits can be issued. [F.S.§163.3178(2)(d)] 0 Policy 215.1.7 4- Monroe County shall establish separate dedicated funds to accommodate future technological advances in hurricane analyses and communication systems for the Emergency Management and Emergency Communications Department.[F.S.§163.3178(2)(d)] CIL W Policy 215.1.8 r During a hurricane evacuation,Monroe County shall implement the procedures contained in the Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal N bridge openings including coordination with the U.S.Coast Guard and Florida Department of r Transportation.[F.S.§163.3178(2)(d)] Policy 215.1.9 Monroe County shall maintain a Post-Disaster Recovery Plan which will include a structured procedure aimed at debris removal preparedness during hurricane evacuation and re-entry (See Objective 216.2 and related policies).[F.S.§163.3178(2)(d)] CIL Policy 215.1.10. Monroe County shall coordinate with the Florida Department of Transportation(FDOT)to ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation clearance time at 24 hours are completed.[F.S.§163.3178(2)(d)] 0 Policy 215.1.11 Monroe County shall continue to evaluate programs to reduce the number of evacuating W vehicles including,but not limited to programs to encourage ride-sharing and transit usage and, N consistent with applicable law,evacuating vehicle registration requirements. [F.S.§ 163.3178(2)(d)] Policy 215.1.12 Reduced evacuation clearance times which may result from adjustments to evacuation model variables,programs to reduce the number of evacuating vehicles or increased roadway facility N capacity,shall not be used to increase development expectations beyond the growth allocations provided herein,except to the extent that a hurricane evacuation clearance time of 24 hours can fJ be maintained.Any necessary reduction in hurricane clearance times shall be accomplished by a plan amendment within 180 days of the re-assessment. N Policy 215.1.13 For the purposes of hurricane evacuation clearance time modeling purposes,clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event.The termination point shall be U.S.Highway One and the Florida Turnpike in Homestead/Florida City.(Rule 28-20.140 5/1/2011) O Packet Pg. 2124 Objective 215.2 Monroe County shall continue to address existing and projected shelter deficiencies for Category 1 and 2 storms.[F.S.§163.3178(2)(d)] Policy 215.2.1 Monroe County shall monitor the need for in-county shelters on an annual basis.[F.S.§ 163.3178(2)(d)] 0 Policy 215.2.2 4— Monroe County shall coordinate with State and Federal agencies to evaluate the potential establishment of a dedicated Category 5 Emergency Operations Center. Objective 215.3 Monroe County shall continue to seek to provide additional shelter spaces outside Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane.[F.S.§ 163.3178(2)(d)] r Policy 215.3.1 Monroe County shall continue to coordinate with the Florida Division of Emergency Management,the South Florida Regional Planning Council, Miami-Dade County,the Red Cross and other appropriate agencies to identify sufficient approved shelter spaces(including pet- friendly shelter space)outside of Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane.Priority consideration shall be given to expansion of the CIL currently designated shelter at Florida International University in order to consolidate Monroe County shelter spaces in one location.[F.S.§163.3178(2)(d)] Policy 215.3.2 Monroe County shall maintain an intergovernmental agreement with Miami-Dade County and other appropriate a encies e. Board of Regents,American Red Cross in an attempt to 9 ( 9�, 9 )� p provide sufficient approved spaces outside of Monroe County for all county residents who will seek shelter from a Category 3 or greater hurricane.(See Policy 1301.7.4)[F.S.§ 163.3178(2)(d)] N GOAL 216 tJ Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment to increase public safety and reduce damages and public expenditures.[F.S.§163.3178(2)(d),(h)] Objective 216.1 ¢' Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area (CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.[F.S.§ N 163.3178(2)(h)] CNi Policy 216.1.1 y Monroe County shall define the CHHA as the area below the elevation of the category 1 storm surge line as established by a Sea,Lake,and Overland Surges from Hurricanes (SLOSH) computerized storm surge model.The CHHA shall be shown on the Future Land Use Map. [F.S.§163.3178(2)(h)] Policy 216.1.2 Packet Pg. 2125 Monroe County shall require that all new or replacement sanitary sewage systems in the CHHA meet the following requirements: a) All new or replacement sanitary sewage systems shall be designed and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in a similar manner. b) All new or replacement sanitary sewage systems shall be located and constructed to minimize or eliminate damage to them and contamination from them during flooding. [F.S.§163.3178(2)(h)] Policy 216.1.3 Monroe County shall coordinate with the FKAA(FKAA)in the continued development of an Aquifer Storage Recovery System to supply emergency potable water in the event that the transmission lines from the mainland are disrupted during a natural disaster.The County shall encourage FKAA to provide emergency service during electric power outages and hurricanes. r Monroe County endorses burying the potable water transmission lines to reduce their exposure to natural disasters where economically feasible. Menree County shall Gentinue its PGliGY of reviewing the GUrrent Building Gode and,as E the monorn-61n;FFMA requirements.The 6--ii'ding Gode shall be Fe'.'iP1.VPd and revised at past U_ years.The FeGemmendations efthe appliGable interagenGy hazard mitigation report CL [Flood ommented[ed21]:Relocate to new Goal 218 P, lo. ey —c 4) Community Rating Systen;(GIRS)to the maximun;extent possible and-;hall seek to impreve nurr nt roe Glass rating [F.S.§163 31752/7\/.J\7 Commented[ed22]:Relocate to new Goal 218 P, . Flood Policy 216.1.651 Commented[ed23]:Could be moved to Objectiv 2.1 Monroe County shall continue to enforce federal,state and local setback and elevation Peril of Flood. W _JI requirements to promote the protection and safety of life and property. (Revisions to the existing setback requirements contained in the land development regulations shall be considered as a tJ means of reducing property damage caused by stormsJ.[F.S.§163.3178(2)(d)] Commented[ed24]:Was this done?Is it an ongc Policy 216.1.7-6 1 thing? Commented[ed25]:Could be moved to Objectiv 1 Monroe County shall consider floodplain management and CHHA issues in making public Peril of Flood. acquisition decisions.[F.S.§163.3178(2)(d)] 0 Policy7 216.1.8_� Commented[ed26]:Could be moved to Objectiv 2 _I Monroe County shall require that,to the greatest extent practicable,development activity,such Peril of Flood. as land clearing,grading and filling will not disturb natural drainage patterns. N Objective 216.2 Monroe County shall maintain a Post-Disaster Redevelopment Plan which addresses priorities for immediate recovery and long-term redevelopment including reducing the exposure of human life to natural hazards.[F.S.§163.3178(2)(d)] O Packet Pg. 2126 Policy 216.2.1 As provided by its Hurricane Preparedness Evacuation and Shelter Plan,Monroe County shall annually coordinate post-disaster recovery operations to clarify the roles and responsibilities of county departments,state and federal agencies,private and public utilities,and other applicable entities.Deficiencies shall be identified and Monroe County shall immediately initiate interlocal agreements or interdepartmental directives as necessary to remedy the existing deficiencies. [F.S.§163.3178(2)(d)] Policy 216.2.2 Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies procedures for implementing programs for immediate repair,replacement,and cleanup,and long-term rebuilding and redevelopment.The plan shall also include procedures for the identification of damaged infrastructure and consideration of alternatives to its repair or replacement in the CHHA.[F.S.§163.3178(2)(d)] CIL 0) Policy 216.2.3 r The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by r FEMA and shall specify procedures for relocating or replacing public infrastructure away from them,where feasible.[F.S.§163.3178(2)(d)] Policy 216.2.4 Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with Emergency Management to include in the Local Mitigation Strategy considerations for repetitive CIL loss and severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible to repeated damage.[F.S.§163.3178(2)(d)] Policy 216.2.5 In no event shall emergency declarations before,during or following hurricane disaster negate the requirements of these policies and goals,or any regulations derived from them except following a public health menace declaration. Policy 216.2.6 Following the update of the Post-Disaster Redevelopment Plan,guidelines contained therein for development after a natural disaster shall be incorporated within the Comprehensive Plan by plan amendment.Such amendment shall be processed at the next available plan amendment cycle following completion of the redevelopment plan. Objective 216.3 N Monroe County shall maintain land development regulations which directs future growth away from tJ the Coastal High Hazard Area(CHHA[F.S.§163.3178(2)(h)] N Policy 216.3.1 N Monroe County shall prohibit the construction of mobile homes within the CHHA except on an approved lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this plan. Objective 216.4 U Packet Pg. 2127 County public expenditures within the CHHA shall be limited to the restoration or enhancement of natural resources and parklands,'expenditures required to serve existing development such as the maintenance or repair of existing infrastructure,and expenditures necessary for public health and E p 9 � p Y p Commented[ed27]:This is good,it manages safety.The following exceptions may be considered: expectations so"upgrades"are not assumed. 1. County public expenditures within the CHHA may be permitted where required to meet adopted level of service standards or to maintain or reduce hurricane evacuation clearance times and where no feasible alternatives to siting the required facilities within the CHHA exist. 0 2. Count public expenditures within the CHHA may be permitted or improvements and Y p p Y p p Commented[ed28]:Important,may be permitte expansions to existing public facilities, if improvements or expansions are designed to will be permitted. minimize risk of damage from flooding.[F.S.§163.3178(2)(h)] Policy 216.4.1 Monroe County shall limit County public expenditures in the CHHA by requiring consideration of feasible siting and design alternatives for public facilities and infrastructure.[F.S.§ 163.3178(2)(h)] Policy 216.4.2 CN No County public expenditures shall be made for new or expanded public facilities in areas designated as units of the Coastal Barrier Resources System,undisturbed saltmarsh and buttonwood wetlands,or offshore islands not currently accessible by road,with the exception of expenditures for wastewater facilities,conservation and parklands consistent with natural resource protection,and expenditures necessary for public health and safety.[F.S.§ 163.3178(2)(h)] CL GOAL 217 The coastal area of Monroe County shall be managed to promote public access to the marine and coastal waters,to balance the protection of recreational and commercial working waterfront and commercial fishing uses and the preservation and protection of coastal and natural resources and the community character.[F.S.§163.3178(2)(g)] Objective 217.1 Monroe County shall adopt and implement incentives and criteria to encourage the preservation of 1) N public access to the navigable waters of the State,2)commercial fishing uses and 3)recreational and commercial working waterfront uses,as defined by Section 342.07,F.S.,excluding transient fJ uses.[F.S.§163.3178(2)(g)] Policy 217.1.1 The strategy to preserve and protect commercial fishing and recreational and commercial working waterfront uses shall include the following: U 1. Exemptions from the requirements of the Permit Allocation System for new nonresidential development,pursuant to Policy 101.4.5; 2. Providing for the preservation of recreational and commercial working waterfront uses N within the Mixed Use Commercial and Mixed Use Commercial Fishing Future Land Use categories,pursuant to Policy 101.5.6 and Policy 101.5.7; 3. Maintaining land development regulations to allow lawfully established water-dependent and water-related commercial uses which are identified as a source of economic sustainability within a Livable CommuniKeys Plan to be rebuilt, even if 100% destroyed, providing they meet the replacement criteria established in the adopted LCP, are rebuilt to O Packet Pg. 2128 the preexisting use, and are registered and recognized by the Planning & Environmental Resources Department as lawful nonconforming uses and structures;and 4. Implementation of marina siting criteria for new marinas. [F.S. § 163.3178(2)(g)] GOAL 218 The County shall consider the peril of flooding impact to eliminate inappropriate and unsafe development in(redevelopment plansl.F.S.§163.3178(2)(f)1 Commented[ed29]:Specifically limited to redevelopment because that is the scope of the sta Objective 218.1 section:"A redevelopment component that outline: principles that must be used to eliminate inappropr �d Monroe County shall include in its planning efforts development and redevelopment principles, unsafe development in the coastal areas when strategies,and engineering solutions that(reduce flood risk in coastal areas 4vhich results from high- opportunities arise." tide events,storm surge,flash floods,stormwater runoff,and the related impacts of sea-level rise. [F.S.&163.3178(2)(f)1. Trying to clearly meet the 6 statutory provisions hei CL then address broader sea level rise planning GOPs ii ";y Policy 218.1.1 and Climate. This is narrowly tailored to the statutc provision deliberately. r The County shall develop by 2022 a short,medium and long-term Roads and Stormwater Capital Plan informed by future growth,design levels of service for flooding,future sea level rise Commented[ed30]:Big capital stuff as opposed 04 projections and other legal and policy analyses. specific stuff in objective 218.2. r Policy 218.1.2 Upon completion of the Roads and Stormwater Capital Plan, the County shall review and update its land development regulations and infrastructure design criteria,to include development and redevelopment principles and strategies that reduce current and future flood CL risk. Principles shall be based upon considering the ecological,engineering,disaster risk ¢ reduction and social elements of resiliency. Strategies may include best practices that prioritize elevation and floodproofing,protection of building mechanical systems, onsite retention and pervious surfaces,shoreline protection and accommodation,site-specific flood management techniques,green infrastructure,maintaining access to services and managed relocation. Policy 218.1.3 0 Based upon a Shoreline Vulnerability Assessment and other resources,identify locations for new or reconfigured coastal protection systems,and review or develop standards and strategies Commented[ed31]:I don't know ifthe standard W for funding,permitting,and constructing the repair,enhancement,or replacement of to be revised or not in light of sea level rise and sea, 0C breakwaters,revetments,rip rap or seawalls located on both public and private properties. flooding. Is the Shoreline vulnerability Assessment [Complete by 20251. this and the next Policy? Policy 218.1.4 Identify locations for new or enhanced natural or living shorelines including strategies for (B funding,restoring,permitting,and constructing such projects on both public and private h properties.[Complete by 20251. 0 tJ Policy 218.1.5 N The County shall integrate land development,land acquisition and infrastructure strategies into le N the Local Mitigation Strategy,(Monroe County Recovery Plan(2010)and the Long-term to Commented[ed32]:Are these as two separate Recovery Strategy for the Florida Keys to respond to current and future flood risk) documents,I cannot find an update to the 2010 rec F® plan? ¢ Objective 218.2 Commented[ed33]:Site specific development,h 0) Encourage the use of best practices development and redevelopment principles,strategies,and businesses as opposed to big capital stuff in Objecti .1. engineeringCounty facilities and buildings to be covered in Ener solutions that will result in the(reduction of losses due to flooding and claims(made under tJ Climate Element. t8 Packet Pg. 2129 flood insurance policies and the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. Policy 218.2.1 The County shall prioritize land acquisitions for existing structures and vacant lands considering storm damage,repetitive loss,flood risk vulnerability and future sea level rise. Opportunities to demolish existing structures that are acquired,returning the land to its natural state,shall be evaluated to provide passive resiliency benefits in vulnerable areas. The County shall also seek funding to supply relocation assistance for property owners to move to less vulnerable areas. Policy 218.2.2 The County shall align housing policies focusing on affordability and code compliant rebuilds, W tiny homes,elevation and floodproofing,relocation and other retrofitting to reduce losses from flooding and claims made under flood insurance policies based upon the work of the Housing �y Task Force and Housing Strategy among other resources. r Policy 218.2.3 r The County shall pursue funding resources and provide assistance to property owners for weatherization, mitigation,flood-proofing and other flood-resistant improvement projects. Policy 218.2.4 The County shall continue to provide public information related to the updates,development and adoption of FEMA's FIRM Flood Maps as well as techniques to increase resiliency to storm CL events and flooding in vulnerable areas. Policy 218.2.5 Within three(3)years of final adoption of FEMA's Flood Insurance Rate Maps(FIRMS),review land development and floodplain management regulations for opportunities to harmonize updated flood risk data with development and redevelopment projects. Objective 218.3 Be consistent with,or more stringent than,the flood-resistant construction requirements in the N Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R.part 60. Policy 218.3.1 The County shall maintain,review and update,at least every five(5)years,its Floodplain Management Regulations(Chapter 122 of the Code of Ordinance,Part II,Land Development), N designed to: u 1. Restrict or prohibit uses which are dangerous to health,safety and property due to water or erosion hazards,or which result in increases in erosion or in flood heights or velocities; N 2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains,stream channels,and natural protective barriers that are involved in the accommodation of floodwaters; 4. Control filling,grading,dredging and other development that may increase erosion or flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert O floodwaters or which may increase flood hazards to other lands: Packet Pg. 2130 Policy 218.3.2 Monroe County shall continue its policy of reviewing the current Building Code and,as appropriate,adopting structural standards and site alteration restrictions that meet or exceed the minimum FEMA requirements.The Building Code shall be reviewed and revised at least every five years.The recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to the Code.F.S.&163.3178(2)(4f)4.1 Policy 218.3.3 0 In all areas of special flood hazard,the standards of Section 122-4, Chapter 122- Floodplain Management shall apply. 0 Objective 218.4 Env coastal construction in Monroe County shall be consistent with Chapter 161,F.S.I Commented[ed34]:Modified from statutory prc Section 163.3178(2)(f)5: "Require that any constru( Policy 218.4.1 activities seaward of the coastal construction contra r established pursuant to s.161.053 be consistent wii CD The County shall require any coastal construction activities to be consistent with the relevant r.. sections of Chapter 161, F.S.including Section 161.55,F.S.establishing that all land area chapter 161." within the Florida Keys located within Monroe County be included within the coastal building Commented[ed35]:Policy recognizes unique Mc zone and subject to the requirements for activities or construction with the coastal building zone. County designation within the coastal building zone Q) ,k this should be short given unique designation. Objective 218.5 Keeping this very narrow. Not sure we need to inch Encourage local governments to participate in the National Flood Insurance Program Community anything else. Rating System administered by the Federal Emergency Management Agency to achieve flood CL ¢, insurance premium discounts for their residents. Policy 218.5.1 0) Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) Community Rating System(CRS)to the maximum extent possible and shall continue to seek to improve its current CRS Class rating.[F.S.&163.3178(2)144(fll. Policy 218.5.2 Monroe County shall continue to develop data and dedicate the funding necessary to maintain or enhance its current CRS Class rating through County resources,grants and/or partnerships. tJ Policy 218.5.3 Monroe County shall continue to harmonize efforts related to participation in CRS,public outreach,sea level rise planning and disaster preparedness and recovery,to maximize County N and flood insurance policy holder benefits. t8 0 OAL 219 Ca Commented[ed36]:Placeholder. N The County shall develop adaptation action areas(AAAs)in those areas experiencing coastal flooding N due to extreme high tides and storm surge and that are vulnerable to the impacts of sea level rise for the purpose of prioritizing funding for infrastructure needs and adaptation planning.[F.S.&163.3164(1)& 163.3177(6)(g)10.1. Objective 219.1 Monroe County shall develop AAAs based on best available data to align its infrastructure and O service delivery,natural systems and disaster planning and response strategies to improve resilience Packet Pg. 2131 to coastal flooding resulting from high-tide events,storm surge,flash floods,stormwater runoff,and related impacts of sea-level rise Policy 1 . ."219.1.1 Within five(5)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall identify criteria to define AAAs4,or a similar concept to be defined by the County,which may include infrastructure.Within five(5)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall identify proposed AAAs4,or a similar concept to be defined by the County. Pwrs aRt t,,Chapter 463 F c AAA-are th..o,. ..t e*PeFOeRGe stal fl.....Jo..q dbie t......t.....a hmgh todes and st..... s -d th..t AFP ..hlp tq the related O ..to 9f FOSORqa levels fqr the P 9f.. .OtOZO....F ..,J�....F... na inn,; In uInn+i,.R w0th later updates to the 2030 GeRw. reheRGOve Oh.. nn...ree .+GGu4 ., shall plot.. Commented[ed37]:Seems premature to state m ill be contained within the AAAs policies,designations "r maps.Further objectives and policies may or may n include actual strategies? r CD Commented[ed38]:Left this in Energy and Clim: Element because its more related to overall climate r level rise planning. ���JJJIII CIL U 0 0 U N N U Packet Pg. 2132 0 Ln Ln • . Ln E • U • i pp. f •ia- � JJJJf� • f • M� C • a� i, • LL MENEM CD CD CD ,► 1 "" r l !. y l/1 N a-1 ro U1 N 4-' Ln J � r N _0 Ln O O LL 4-1 N O O-j L V C: C: a. a� �,ro 4J O C a, V c J w . . r, _0 cn O ra u LL 0-) O o ra � — — u 'cn '� ra 0 . 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