Item O01 � 0.1
� � �, 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
June 17, 2020
Agenda Item Number: 0.1
Agenda Item Summary #6627
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the
Monroe County Board of County Commissioners (BOCC) amending Section 6-100 of the Monroe
County Code of Ordinances for certain permit exceptions related to pruning, trimming or the
removal of trees.
ITEM BACKGROUND: Section 6-100 of the Monroe County Code of Ordinances and Section
114-103 of the Monroe County Land Development Code require a development permit for the
removal of certain native vegetation and Section 118-8 of the Monroe County Land Development
Code requires mitigation for the removal of certain native vegetation.
The Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating Section 163.045,
F.S.; prohibiting local governments from requiring notices, applications, approvals, permits, fees, or
mitigation for the pruning, trimming, or removal of trees on residential property if a property owner
obtains specified documentation; and prohibiting local governments from requiring property owners
to replant such trees. This law was approved by the Governor June 26, 2019 and became effective on
July 1, 2019. The Planning and Environmental Resources Department recommends amending
Section 6-100 to incorporate the changes made in state law and clarify existing language, as follows:
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See.6-100.-Permits required.
(a) ,applicability. A permit shall be required for all work shown in the follooving table, except where
specifically exempted this section-
TFork Requiring a-Permit Residential Exceptions*
Site preparation including:land clearing,
placepnertsqffli, excavation, and blasting, 'stone.However, no fee(including educatiar,;conlractor
however, no permit for site preparation investigation;or tech fees)shall b--charged for invasive
may be issued exn�pt in con function with exotic vegetation removal f permit is not classified as
the establishnien t of use or structure clearing and grubbing.
ahFoivedm the land use district..
A permit is not required for the removal of ten or fewer
stems of invasive exotic vegetation on parcels with a
lawfully established principal use;however,this,exemption
Removal of invasive exotic vegetation shall not apply ifthe removal is part of a larger clearing
operation undertaken in segments within any one calendar
vear,whether by the same or different contractors and"or the
property owner or of undertaken in conjunction with any
construction-
A permit or mitigation is not required if a property ovmer
obtains documentation from an afborist certified bar the
Prunin,2-trimminp,or removal of trees International Societv of Arboriculture or a Florida licensed
landscape architect that a tree presents a danger to persons
or property- I
Note, the Planning and Environmental Resources Department also is recommending amendments to
Section 101-1 to add definitions for hazardous vegetation, major pruning, and tree abuse; and to
Section 114-103 to provide for a pruning and tree removal permit, fee and mitigation exemption as
provided by state statute, and incorporating a temporary permitting suspension by the BOCC for the
pruning or removal of native hazardous vegetation after a natural disaster. These amendments are
proposed separately, as Land Development Code amendments follow a different statutory approval
process.
PREVIOUS RELEVANT BOCC ACTION:
On February 19, 2020, the BOCC approved the advertisement of a public hearing for this item on
March 18, 2020 at the Murray E. Nelson Government Center.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance amending Section 6-100—BOCC
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Michael Roberts Completed 02/21/2020 2:35 PM
Emily Schemper Completed 02/26/2020 3:13 PM
Rick Griffin Completed 02/26/2020 3:20 PM
Assistant County Administrator Christine Hurley Completed
02/26/2020 4:34 PM
Steve Williams Completed 02/28/2020 12:52 PM
Maureen Proffitt Completed 02/28/2020 3:06 PM
Budget and Finance Completed 03/02/2020 8:23 AM
Maria Slavik Completed 03/02/2020 9:29 AM
Kathy Peters Completed 03/02/2020 3:32 PM
Board of County Commissioners Completed 03/18/2020 9:00 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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7 MONROE COUNTY, FLORIDA �
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2020 LO
10
1 t AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING M iq OE COUNTY
13 CODE OF ORDINANCES ANCES SECTION 91 0, FOR CERTAIN
14 PERMIT EXCEPTIONS RELATED TO PRUNING, TRIMMING,
15 OR REMOVAL OF TREES; PROVIDING FOR SEVE ILITY
16 PROVIDING FOR REPEAL OF ALL ORDINANCES c
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17 INCONSISTENT HEREWITH; PROVIDING FOR CD
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18 INCORPORATION INTO THE MONROE COUNTY CODE OF
19ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
20
21
22 WHEREAS, Section 6-100 of the Monroe County Code of Ordinances and Section 11.4-
23 103 of the Monroe County Land. Development Code require a development permit for the
24 removal of certain native vegetation and Section 11 8-8 of the Monroe County Land
25 [development Code requires mitigation for the removal of certain native vegetation, and CD
26 CD
27 WHEREAS, the Florida Legislature adopted 1-louse Bill 1159 (Ch. 2019-155, LGF), creating
28 Section 163.045, F.S., prohibiting local governments from requiring notices; applications,
29 approvals, permits, fees, or mitigation for the pruning, trimming, or removal of trees on
30 residential property if a property owner obtains specified documentation; and prohibiting local
31 governments from requiring property owners to replant such trees; and ca
32 CD
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33 WHEREAS, the law was approved by the Governor June 26, 2019 and became effective on
34 July 1, 2019; and
35
36 WHEREAS, the Board of County Commission makes the following Conclusions of Law: 1) �
37 the ordinance is consistent with the Principles for Guiding Development in the Florida Keys
38 .Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent of
19
the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the provisions
40 and intent of the Monroe County Code;.
41
42 NOW, THEREFORE, E IT ORDAINED BY THE MONROE COUNTY BOARD OF
43 COUNTY COMMISSIONERS:
44 0
45 Section 1. Section 6-100 of the Monroe County Code shall be amended as follows (deletions are
46 stfi,ken thF ,,g'^ and additions are underlined):
47
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I See. -100. -Permits required.
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(a) Applicability. A permit shall be required for all work: shown in the following table, except where
3 specifically exempted this section.
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Work Requiring a Permit Residential Exceptions
Site preparation including: land clearing �
placements of fill, excavation„ and blasting; None. However, no./ce (including education; contractor
however, no permit for site preparation investigation; or tech fees shall be charged for invasive 'n
may be issued except in conjunction with exotic vegetation removal ifpermil is not classified as
the estaNishrnent of a use or structure clearing and grubbing. _
allowed in the land use district.
A permit is not required for the removal of ten or fewer o
sterns of invasive exotic vegetation on parcels with a
lawfully established principal use; however, this exemption E
shall not apply if the removal is part of a larger clearing 0
1ernoval of invasive exotic vegetation operation undertaken in segments within any one calendar CD
year, whether by the same or different contractors and/or the
property owner or if undertaken in conjunction with any
construction.
A_gerrnit or miti ation is not re aired ifa property owner
obtains documentation from an arborist certified by the
Pruning,trimming, or removal of trees International Societ of Arboriculture or a_Florida licensed
landscape architect that a.tree presents a danger to persons E
or property.
Residential demolition where the fair market value of the cv
Demolition dernolition work is less than$2„500,00 and all pertinent
utilities have been properly disconnected.
Tie downs of habitable structures None
Ca
Those signs that are specifically exempt frorn permit
requirements pursuant to part 11 of this Code-, however, in na CO i
Signs CD
case shall a sign be exempt if its installation represents a
threat to life and safety.
Fences None
Sheds
None. Effective July 1, 2013, sheds are no longer exempt
from permitting per this Section.
Chickees not constructed by Miccosukee or
Seminole Indians None
Interior remodeling where the fair market value of such
Any new construction and remodeling work is less than $ ,500.00 and there is no change in the
work of principal and accessory structures original size or configuration.
Exterior and interior painting of single- and two-family
residential buildings.
Installation of carpeting and floor coverings in single- and E
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x. 3
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two-family residential buildings that have previously been 76
inhabited, if the fair market value of the work is less than
$5,000.00. m
Normal maintenance or ordinary minor repairs where the CD
fait, market value of such work is less than 2,500.00.
All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where the
plumbing trades fair market value of such work is less than 2,500.00.
The installation of satellite antennas and microwave
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receiving antennas that do not exceed one meter in diameter
but only where mounted on existing buildings or structures. ca
l work
All wvork subject to the floodplai
management requirements of part 11 n this Normal maintenance or ordinary a-inor repairs where the e
Code fair market value of such work is less than 2.500.00.
Resource extraction activities (as defined in
part 11 of this Code) None 0
Any work involving life safety None CD
I *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction, repair, remodeling or improvement work is a part of a larger or major operation, whether- U
4 undertaken by the sarne or different contractor. NO EXCEPTIONS apply to work conducted below base °'
5 flood elevation and/or subject to the floodplain management requirements of the Monroe County Code to
6 structures located within a Coastal Barrier Resource System (CBRS) or structures located within flood
7 zone AE or flood zone VE. All residential work that is exempt from Monroe County permitting shall still
8 comply with the Florida Building;Code, this chapter, and part 11 of this Code and shall be subject to code CD
9 compliance. CD
10 (b) separate perinil required. A separate permit shall be required for each principal structure and any
1 1 dock, seawall, and riprap accessory structure. W
12 (c) Blanket invasive exotic removal peen it. An annually renewable blanket permit for the removal of
13 invasive exotic vegetation is available to not-for-profit conservation agencies as approved by the
14 county biologist. ca i
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15 v x r
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17 Section 2. Severability. —
1.8
1.9 if any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
20 inoperative or void, such holding shall not affect the remaining portions of this ordinance. if this
21 ordinance or any provision thereof shall be held to be inapplicable to any person, property or �
22 circumstances, such holding shall not affect its applicability to any other person, property or
23 circurnstances.
24
25 Section 3. Conflicting r vi_sions.
26
27 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
28 extent of said conflict.
29
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1 Section 4. Inclusion in the Code of Ordinances.
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3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances m
4 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
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5 appropriately renumbered to conform to the uniform numbering syste►n of the Code.
6
7 Section 5. Transmittal and Effective Date.
8
9 This Ordinance shall be filed with the Department of State and shall be effective as provided in
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10 section 125.66(2)(b), Florida. Statutes.
11
12 PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County, c
13 Florida, at a regular meeting Feld on the day of
14
15 Mayor Heather Carruthers
16 Mayor Pro Tem Michelle Coldiron c
17 Commissioner Cram, Cates U
18 Commissioner David Rice
19 Commissioner Sylvia Murphy
20
21
22 BOARD OF COUNTY COMMISSIONERS
23 OF MONROE COUNTY, FLORIDA
24
25 BY
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26 MAYOR HEATHER CARRUTHERS CD
27
28 (SEAL)
29
3o ATTEST: KEVIN MADOK, CLERK ��° COUXTY A HEY
sAS;TO
32 DEPUTY CLERK '�°�a :'�a �.� L l�t �` CD
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33
34
35
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