Item O02 0.2
� � �, 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: 0.2
Agenda Item Summary #6628
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 Monroe
County Board of County Commissioners (BOCC) adopting amendments to the Monroe County Land
Development Code to amend Section 101-1 to add definitions for hazardous vegetation, major
pruning, and tree abuse; and to amend Section 114-103 to provide for a pruning and tree removal
permit, fee and mitigation exemption as provided by state statute; and to incorporate a temporary
permitting suspension by the BOCC for the major pruning or removal of native hazardous vegetation
after a natural disaster; providing for severability; providing for repeal of conflicting provisions;
providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for
amendment to and incorporation in the Monroe County Land Development Code; providing for an
effective date.
ITEM BACKGROUND: Section 114-103 of the Monroe County Land Development Code requires
a development permit for the removal or major pruning of certain 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 114-103 to incorporate the changes made in state law and clarify existing language.
The recommendation includes 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.
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Note, staff is also processing a parallel amendment to Section 6-100 of the Monroe County Code of
Ordinances, which is also scheduled for public hearing on March 18, 2020.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019-130 BOCC—Staff Report tree pruning and removal_HB 1159
Ordinance_tree pruning and removal of vegetation HB 1159
Ex 1 to staff report- Ch 2019-155 Laws of Florida-tree removal_HB 1159
Ex 2 to staff report- BOCC Reso 215-2017 and 220-2017_IRMA vegetation removal
Ex 3 to staff report-Proposed amendment to Section 6-100
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:
REVIEWED BY:
Michael Roberts Completed 02/21/2020 2:30 PM
Emily Schemper Completed 02/26/2020 2:54 PM
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Assistant County Administrator Christine Hurley Completed
02/26/2020 4:36 PM
Steve Williams Completed 02/28/2020 3:07 PM
Maureen Proffitt Completed 02/28/2020 3:18 PM
Budget and Finance Completed 03/02/2020 8:23 AM
Maria Slavik Completed 03/02/2020 9:40 AM
Kathy Peters Completed 03/02/2020 5:06 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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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair a,
To: Monroe County Board of County Commissioners =
Through: Emily Schemper, AICP, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Assistant Director/Environmental Resources
Mayte Santamaria, Senior Planning Policy Advisor
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Date: February 20, 2020
Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) adopting
amendments to the Monroe County Land Development Code to amend Section 101-1 to C
add definitions for hazardous vegetation, major pruning, and tree abuse; and to amend Ln
Section 114-103 to provide for a pruning and tree removal permit, fee and mitigation
exemption as provided by state statute, and to incorporate a temporary permitting a)
suspension by the BOCC for the major pruning or removal of native hazardous
vegetation after a natural disaster. (File 2019 — 130) s
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Meeting: March 18, 2020 0
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I. REQUEST
The Monroe County Planning & Environmental Resources is proposing text amendments to
Section 101-1 to add definitions for hazardous vegetation, major pruning, and tree abuse, and
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.
II. BACKGROUND INFORMATION
The Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating Section 163.045, i
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F.S.;prohibiting local governments from requiring notices, applications, approvals,permits, fees, U
or mitigation for the pruning, trimming, or removal of trees on residential property if a property as
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 N
recommends amending Section 114-103 to incorporate the changes made in state law and clarify
existing language.
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The Monroe County Board of County Commissioners (BOCC) declared a State of Local
Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace U)
inhabiting Monroe County" and that the County"may require expedient action in order to protect
the health, safety and welfare of the community.
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Hurricane Irma, a Category 4 hurricane,made landfall in the Florida Keys on September 10,2017,
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causing substantial damage to vegetation, including but limiting to, the uprooting of trees which
constituted a hazardous threat to human safety and welfare as well as property.
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The BOCC declared that in the event of a state of emergency, certain work shall be exempted
from requiring a permit, to provide expedient action in order to protect the health, safety and s
welfare of the community.
In order to prepare for future storms and facilitate the removal and disposal of organic debris, the
Planning and Environmental Resources Department recommends amending Section 114-103 to
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incorporate provision for a temporary permitting suspension by the BOCC for the pruning or Z
removal of native vegetation after a natural disaster.
Staff will also be processing a parallel temporary permitting suspension amendment to Section 6-
100 of the Monroe County Code of Ordinances. T)
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Community Meeting and Public ParticipationLO
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on October 24,
2019 in Marathon to provide for public input. No members of the public attended.
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Development Review Committee and Public Input >
The Development Review Committee considered the proposed amendment at a regular meeting on E
November 18, 2019 and received public input. 2
Planning Commission and Public Input 0
The Planning Commission considered the proposed amendment at a regular meeting on January
29, 2020,provided for public input and recommended approval.
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III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
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The proposed text is shown as follows: additions are in underlined, deletions are sue.
Land Development Code Chapter 101 — GENERAL PROVISIONS U)
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Section 101-1.—Definitions. ca
Hazardous Vejzetation means a tree or trees that have structural defects in the trunk (stem) or
branches that may cause the tree or tree part to fail,where such failure may cause property damage N
or personal injury.
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Major Pruning means removal of any major parent branches (limbs) in excess of 3" diameter or
any lateral branches in excess of 3" diameter. A parent branch(limb)is a branch from which other U)
lateral branches grow. A lateral branch is a shoot or stem growing owing from a parent branch(limb).
Tree abuse means pruning that does not conform to the American National Standards Institute E
("ANSI') A-300, Standards for Tree Care Operations and is typically characterized by the drastic
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removal or cutting back of trees. Tree abuse includes such practices as topping and lion-tailing,
Section 114-103. — Tree Removal andeF Major Pruning
Except the removal of of ten or fewer stems of invasive exotic plant :
species or—identified in Section 114-102(h), which are located on residential developed lots, and U
except for other exemptions provided herein, the removal of any tree regardless of size, or major
pruning of any tree over six inches DBH, re"iced as la*dseapin , a street tree, or Part of—& N
, shall require a development permit.
All such activity shall adhere to practices and principles set by the 2017 American National
Standards Institute ("ANSI") A-300, Standards for Tree Care Operations: Tree, Shrub and Other a
Woody Plant Maintenance-Standard Practices, and Z133.1-2006 Arboricultural Operations:
Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and Cutting Brush - Safety
Requirements. Excessive annual pruning of more than 25%of a native tree's canopy or other forms N
of tree abuse are subject to code compliance.
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Pursuant to Section 163.045, F.S., if a property owner obtains documentation from an arborist
certified by the International Society of Arboriculture or a Florida licensed landscape architect that
a tree presents a danger to persons or property, the pruning, trimming, or removal of trees on si
residential property will not require a notice, application, approval,permit, fee, or mitigation. The >
propey owner shall not be required to replant the tree that was pruned, trimmed, or removed in E
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accordance with the referenced Florida Statute section. This section does not apply to the exercise 2
of specifically delegated authority for man _grove protection pursuant to Sections 403.9321-
403.9333,F.S. Should Florida Statute 163.045 be repealed or otherwise withdrawn,the exemptions
of this Section 114-103(b) shall no longer _applypply.
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Notwithstanding the he requirements of Sections 114-103 and 118-8, in the event of a declared State w
of Local Emergency after a natural disaster, the BOCC may enact a temporary suspension of the
requirement for a development permit for the major pruning or removal of native vegetation where 0
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imminent danger to life or safety exists or to prevent further property damage caused by the natural
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disaster. Pursuant to the approved temporary suspension, a property owner may prune or remove
native hazardous vegetation to the minimum extent necessary without a development permit. The
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property owner shall document the pruning or removal with photographs taken before and after the
necessary action.
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Clearing of habitat beyond hazardous vegetation is not authorized without a development permit M
and is subject to code compliance.
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IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
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boundary was based;
N/A
2. Changed assumptions e. regarding demographic trends ;
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3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
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4. New issues; W
The Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating Section
163.045, F.S., providing certain exemptions to permits, fees and mitigation. This law was r-
approved by the Governor June 26, 2019 and became effective on July 1, 2019. T
5. Recognition of a need for additional detail or comprehensiveness; or
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Amending Section 114-103 to incorporate provision for a temporary permitting suspension by
the BOCC for the major pruning or removal of native hazardous vegetation after a natural
disaster, allows the County to be better prepared for future storms and facilitate the expedient si
recovery of the community with the removal and disposal of vegetative debris. >
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6. Data updates; 2
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a Livable CommuniKeys master plan pursuant to findings of the Board of County
Commissioners. i
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The proposed text amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
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A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
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Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
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Policy 101.5.27: All development shall be subject to clearing limits defined by habitat and the location of
the property in the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The �
clearing limits of upland native vegetation for properties in the Ocean Reef planned development shall be
limited to 40 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in =�
the Tiers I, II, III and Tier III-A shall be limited to the following percentages or maximum square
footage...
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Policy 101.5.28: Notwithstanding the clearing limits established in the Livable CommuniKeys Master
Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2,the permitted clearing =
established by Policy 101.5.27 shall control. @
Policy 102.2.1: Monroe County shall maintain environmental standards and environmental design criteria c
as indicated in Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of U
disturbed wetlands. Mitigation for wetland impacts shall be in accordance with State requirements. In
instances where mitigation is required by the U.S.Army Corps of Engineers but not by FDEP or SFWMD, N
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Federal mitigation requirements shall apply. ci
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
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and existing site analysis to determine any increases and/or losses in the amount of upland native vegetated
areas. The County biologist shall review the best available data for the review of habitat areas. 0
Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development
permit application within Critical Habitat or designated potentially Suit able habitat for federally listedLO
threatened and endangered species that are not included in the USFWS April 30,2010 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 i
commencement of development.
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GOAL 215: Monroe County shall provide for hurricane evacuation, shelters and refuges, and E
communication capabilities to promote safeguarding of the public against the effects of hurricanes and -�
tropical storms.
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).
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GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster
redevelopment to increase public safety and reduce damages and public expenditures.
Objective 216.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which addresses cu
priorities for immediate recovery and long-term redevelopment including reducing the exposure of human i
life to natural hazards.
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B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
principles for guiding development and any amendments to the principles, the principles shall be C
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construed as a whole and no specific provision shall be construed or applied in isolation from the other
provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern =�
designation.
(b) Protecting shoreline and benthic resources,including mangroves,coral reef formations,seagrass beds, E
wetlands, fish and wildlife, and their habitat. �+
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(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and =
their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development. _
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. U
(f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys. N
(g) Protecting the historical heritage of the Florida Keys. ci
(h) Protecting the value,efficiency, cost-effectiveness,and amortized life of existing and proposed major
public investments,including:
I. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities; LO
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and si
9. Other utilities, as appropriate.
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(1) Protecting and improving water quality by providing for the construction, operation, maintenance, m
and replacement of stormwater management facilities; central sewage collection; treatment and -�
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems. F i
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys. �
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
or manmade disaster and for a postdisaster reconstruction plan. v)i
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource. 0
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle. �+
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C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers: E
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163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
enhance present advantages; encourage the most appropriate use of land, water, and resources,
consistent with the public interest; overcome present handicaps; and deal effectively with future =�
problems that may result from the use and development of land within their jurisdictions. Through
the process of comprehensive planning, it is intended that units of local government can preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance, �+
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convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools,parks,recreational facilities,housing, _
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions.
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163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status U
set out in this act and that no public or private development shall be permitted except in conformity
with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with N
this act. N
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
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development of the area that reflects community commitments to implement the plan and its elements.
These principles and strategies shall guide future decisions in a consistent manner and shall contain 0
programs and activities to ensure comprehensive plans are implemented. The sections of the
comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
and policies, shall describe how the local government's programs, activities, and land developmentLO
regulations will be initiated, modified, or continued to implement the comprehensive plan in a
consistent manner.It is not the intent of this part to require the inclusion of implementing regulations
in the comprehensive plan but rather to require identification of those programs, activities, and land si
development regulations that will be part of the strategy for implementing the comprehensive plan
and the principles that describe how the programs, activities, and land development regulations will 0
be carried out. The plan shall establish meaningful and predictable standards for the use and E
development of land and provide meaningful guidelines for the content of more detailed land -�
development and use regulations.
163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in
conformity with this act, all development undertaken by, and all actions taken in regard to
development orders by, governmental agencies in regard to land covered by such plan or element
shall be consistent with such plan or element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the adopted
comprehensive plan,or element or portion thereof, and any land development regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or element or
portion thereof, shall be amended so as to be consistent. If a local government allows an existing
land development regulation which is inconsistent with the most recently adopted comprehensive v)i
plan, or element or portion thereof, to remain in effect, the local government shall adopt a schedule
for bringing the land development regulation into conformity with the provisions of the most recently 0
adopted comprehensive plan, or element or portion thereof. During the interim period when the
provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the
land development regulations are inconsistent, the provisions of the most recently adopted
comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an N
application for a development order.
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163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be W
implemented, in part, by the adoption and enforcement of appropriate local regulations on the
development of lands and waters within an area. It is the intent of this act that the adoption and =�
enforcement by a governing body of regulations for the development of land or the adoption and
enforcement by a governing body of a land development code for an area shall be based on,be related
to, and be a means of implementation for an adopted comprehensive plan as required by this act.
VI. PROCESS
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, private application, or the owner or other s
person having a contractual interest in property to be affected by a proposed amendment. The a
Director of Planning shall review and process applications as they are received and pass them onto
the Development Review Committee and the Planning Commission.
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The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation,
Planning Commission recommendation and the testimony given at the public hearing. The BOCC
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may adopt the proposed amendment based on one or more of the factors established in LDC T-
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Section 102-158(d)(7). s
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VII. STAFF RECOMMENDATION
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Staff recommends approval of the proposed amendment.
VIII.EXHIBITS
1. Chapter 2019-155, Laws of Florida
2. BOCC adopted Resolutions providing a suspension from permitting for vegetation removal 2
after Hurricane Irma(Reso 2015-2017 & 220-2017)
3. Draft amendment to Section 6-100
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2020
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10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
12 COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 LO
13 TO ADD DEFINITIONS FOR HAZARDOUS VEGETATION, MAJOR
14 PRUNING AND TREE ABUSE; AND TO AMEND SECTION 114-103 TO
15 PROVIDE FOR A PRUNING AND TREE REMOVAL PERMIT, FEE
16 AND MITIGATION EXEMPTION AS PROVIDED BY STATE
17 STATUTE, AND TO INCORPORATE A TEMPORARY PERMITTING
18 SUSPENSION BY THE BOCC FOR THE MAJOR PRUNING OR
19 REMOVAL OF NATIVE HAZARDOUS VEGETATION AFTER A
20 NATURAL DISASTER; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
23 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
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24 AMENDMENT TO AND INCORPORATION IN THE MONROE
25 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
26 EFFECTIVE DATE. (FILE 2019-130)
27
28
29 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
30 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
31 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
32 development; and
33
34 WHEREAS, the Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating
35 Section 163.045, F.S.; prohibiting local governments from requiring notices, applications, approvals,
36 permits, fees, or mitigation for the pruning, trimming, or removal of trees on residential property if a
37 property owner obtains specified documentation; and prohibiting local governments from requiring
38 property owners to replant such trees. This law was approved by the Governor June 26, 2019 and became
39 effective on July 1, 2019; and 2
40 0I
41 WHEREAS,when the Monroe County Mayor declares a State of Local Emergency certain items
42 may require permit suspensions in order to protect the health, safety and welfare of the community; and
43 0
44 WHEREAS, hurricanes may cause substantial damage to native vegetation, including but not
45 limiting to, the uprooting of trees which now constitute a hazardous threat to human safety and welfare
46 as well as property, and
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48 WHEREAS, in the event of a state of emergency, certain work may need to be exempted from
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I requiring a permit, to provide expedient action in order to protect the health, safety and welfare of the
2 community; and
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4 WHEREAS, on October 29, 2019, the Monroe County Development Review Committee (DRC)
5 reviewed the proposed amendment; and
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7 WHEREAS, at a regularly scheduled meeting held on January 29, 2020 the Monroe County
8 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
9 provided for public comment; and
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11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P02-20 E
12 recommending approval for the proposed amendment; and
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14 WHEREAS, Monroe County policies and regulations adopted in the Monroe County =
15 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
16 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
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17 development; and
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19 WHEREAS, the Monroe County Board of County Commissioners have expressed the goal of
20 ensuring responsive recovery efforts in the event of a hurricane and to facilitate the removal and disposal
21 of vegetative debris; and
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23 WHEREAS, at a regularly scheduled meeting held on the 18d, day of March, 2020, the Monroe W
24 County Board of County Commissioners held a public hearing, considered the staff report, and providedLO
25 for public comment and public participation in accordance with the requirements of state law and the T-
26 procedures adopted for public participation in the planning process; and
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28 WHEREAS, based upon the documentation submitted and information provided in the
29 accompanying staff report, the Monroe County Board of County Commissioners makes the following
30 Conclusions of Law: >
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32 1. The proposed amendment is with the Goals, Objectives and Policies of the Monroe County >
33 Year 2030 Comprehensive Plan; and e
34 2. The proposed amendment is consistent with the Principles for Guiding Development for the 2
35 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
37 4. The proposed amendment is necessary due to new issues and the need for additional detail or
38 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
41 OF MONROE COUNTY, FLORIDA:
42
43 0
44 Section 1. The Monroe County Land Development Code is hereby amended as follows:
45
Pro osed Amendment (deletions are s4ieken thfoul additions are shown in underlined).
46
Ordinance No. -2020 Page 2 of 4
File 2019-130
Packet Pg. 2422
0.2.b
I Section 101-1.-Definitions.
2
3 Hazardous Vegetation means a tree or trees that have structural defects in the trunk (stem) or
4 branches that may cause the tree or tree part to fail,where such failure may cause damage
5 or personal injury.
6
c
7 Major Pruning means removal of any major parent branches (limbs) in excess of 3" diameter or U
8 any lateral branches in excess of 3" diameter. A parent branch (limb) is a branch from which
9 other lateral branches grow. A lateral branch is a shoot or stem growing from a parent branch
10 limb
11 m
12 Tree abuse means pruning that does not conform to the American National Standards Institute
LO
13 ("ANSI")A-300, Standards for Tree Care Operations and is typically characterized by the drastic
14 removal or cutting back of trees. Tree abuse includes such practices as topping and lion-tailing.
15 @
16 Section 114-103. - Tree Removal andOF Major Pruning Of ReqUiFed Landscaping-a" :5
17 Rus. c
e
18 Except the removal of fer these speeies identified as ten or fewer stems of invasive exotic plant
19 species or-identified in Section 114-102(h), which are located on residential developed lots, and
20 except for other exemptions provided herein, the removal of any tree regardless of size, or major
21 pruning of any tree over six inches DBH, required as landseaping, a street tree, or as part
22 buf€eryard-pursuant to Seetiens-114 100,114-04, or 114-124, shall require a development
23 permit. All such activity shall adhere to practices and principles set by the 2017 American W
24 National Standards Institute ("ANSI") A-300, Standards for Tree Care Operations: Tree, ShrubLO
25 and Other Woody Plant Maintenance-Standard Practices, and Z133.1-2006 Arboricultural T_
26 Operations: Pruning,Trimming,Repairing,Maintaining,and Removing Trees, and Cutting Brush
27 - Safety Requirements. Excessive annual pruning of more than 25% of a native tree's canopy or
28 other forms of tree abuse are subject to code compliance.
29
30 Pursuant to Section 163.045, F.S., if a property owner obtains documentation from an arborist >
31 certified by the International Society of Arboriculture or a Florida licensed landscape architect
32 that a tree presents a danger to persons or property, the pruning,trimming, or removal of trees on
33 residential property will not require a notice, application, approval,permit,fee, or mitigation.The c
34 property owner shall not be required to replant the tree that was pruned, trimmed, or removed in
35 accordance with the referenced Florida Statute section.This section does not apply to the exercise
36 of specificallygated authority for mangrove protection pursuant to Sections 403.9321-
37 403.9333, F.S. Should Florida Statute 163.045 be repealed or otherwise withdrawn, the
38 exemptions of this Section 114-103(b) shall no longer apply.
39 w
40 Notwithstandingthe he requirements of Sections 114-103 and 118-8,in the event of a declared State i
41 of Local Emergency after a natural disaster, the BOCC may enact a temporary suspension of the
42 requirement for a development permit for the major pruning or removal of native vegetation
43 where imminent danger to life or safety exists or to prevent further property damage caused by
44 the natural disaster. Pursuant to the approved temporarypension, a property owner may prune
45 or remove native hazardous vegetation to the minimum extent necessary without a development
46 permit.The property owner shall document the pruning or removal with photographs taken before
47 and after the necessary action.
48
Ordinance No. -2020 Page 3 of 4
File 2019-130
Packet Pg. 2423
0.2.b
I Clearing of habitat beyond hazardous vegetation is not authorized without a development permit
2 and is subject to code compliance. _
3
4 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
5 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall
6 not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
7 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in
8 the controversy in which such judgment or decree shall be rendered.
9
10 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
11 ordinance are hereby repealed to the extent of said conflict.
12
13 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
14 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
15
16 Section 5.Filing.This ordinance shall be filed in the Office of the Secretary of the State of Florida
17 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) e
18 by the Florida State Land Planning Agency or Administration Commission approving the ordinance, and
19 if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120.
20
21 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
22 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
23 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of W
24 the Code. LO
25
26 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
27 above.
e
28
29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, °3
30 at a regular meeting held on the day of >
31 e
32 Mayor Heather Carruthers
33 Mayor Pro Tem Michelle Coldiron
34 Commissioner Craig Cates
35 Commissioner David Rice
36 Commissioner Sylvia Murphy
37
38 BOARD OF COUNTY COMMISSIONERS
39 OF MONROE COUNTY, FLORIDA
40 ¢i
41 BY
42 MAYOR HEATHER CARRUTHERS
43 (SEAL)
44 ..
45 ATTEST: KEVIN MADOK, CLERK G0UP3 a
46
M-T-
47 DEPUTY CLERK
48 Dtta 6L Oz.
Ordinance No. -2020 Page 4 of 4
File 2019-130
Packet Pg. 2424
0.2.c
CHAPTER 2019-155
Committee Substitute for House Bill No. 1159
0
An act relating to private property rights; creating s. 163.045, F.S.;
prohibiting local governments from requiring notices, applications,
approvals, permits, fees, or mitigation for the pruning, trimming, or CD
removal of trees on residential property if a property owner obtains
specified documentation; prohibiting local governments from requiring UJ
property owners to replant such trees; providing an exception for
mangrove protection actions; amending s. 163.3209, F.S.; deleting a W
provision that authorizes electric utilities to perform certain right-of-way
tree maintenance only if a property owner has received local government LO
approval; creating s. 70.002, F.S.; creating a Property Owner Bill of T_
Rights;requiring county property appraisers to provide specified informa-
tion on their websites; providing an effective date. i
76
Be It Enacted by the Legislature of the State of Florida: c
Section 1. Section 163.045, Florida Statutes, is created to read:
163.045 Tree pruning, trimming, or removal on residential property.—
(1) A local government may not require a notice, application, approval,
permit, fee, or mitigation for the pruning, trimming, or removal of a tree on c
residential property if the property owner obtains documentation from an
arborist certified by the International Society of Arboriculture or a Florida c
licensed landscape architect that the tree presents a danger to persons or
property.
LO
(2) A local government may not require a property owner to replant a T_
tree that was pruned, trimmed, or removed in accordance with this section.
T_
(3) This section does not apply to the exercise of specifically delegated
authority for mangrove protection pursuant to ss. 403.9321-403.9333. CJ
Section 2. Section 163.3209, Florida Statutes, is amended to read:
0.
163.3209 Electric transmission and distribution line right-of-way main- W"
tenance.—After a right-of-way for any electric transmission or distribution
line has been established and constructed,no local government shall require y
or apply any permits or other approvals or code provisions for or related to c
vegetation maintenance and tree pruning or trimming within the estab-
lished right-of-way. The term "vegetation maintenance and tree pruning or
trimming"means the mowing of vegetation within the right-of-way,removal Uj
of trees or brush within the right-of-way, and selective removal of tree
branches that extend within the right-of-way. The provisions of this section
do not include the removal of trees outside the right-of-way, which may be
allowed in compliance with applicable local ordinances. Prior to conducting
scheduled routine vegetation maintenance and tree pruning or trimming '
1
CODING: Words rfr�v^^ are deletions; words underlined ar
Packet;Pg. 2425
Ch. 2019-155 LAWS OF FLORIDA Ch. 201
activities within an established right-of-way, the utility shall provide the
official designated by the local government with a minimum of 5 business
days' advance notice. Such advance notice is not required for vegetation
maintenance and tree pruning or trimming required to restore electric c
service or to avoid an imminent vegetation-caused outage or when
performed at the request of the property owner adjacent to the right-of-
way provided +a-crhac the owner has approval of the lo"�o;c government,i
CD
needed. Upon the request of the local government, the electric utility shall
meet with the local government to discuss and submit the utility's
vegetation maintenance plan,including the utility's trimming specifications
and maintenance practices. Vegetation maintenance and tree pruning or
trimming conducted by utilities shall conform to ANSI A300 (Part I)-2001 W
pruning standards and ANSI Z 133.1-2000 Pruning,Repairing,Maintaining, LO
and Removing Trees, and Cutting Brush—Safety Requirements.Vegetation
maintenance and tree pruning or trimming conducted by utilities must be
supervised by qualified electric utility personnel or licensed contractors i
trained to conduct vegetation maintenance and tree trimming or pruning 76
consistent with this section or by Certified Arborists certified by the c
Certification Program of the International Society of Arboriculture. A m
local government shall not adopt an ordinance or land development
regulation that requires the planting of a tree or other vegetation that
will achieve a height greater than 14 feet in an established electric utility
right-of-way or intrude from the side closer than the clearance distance
specified in Table 2 of ANSI Z133.1-2000 for lines affected by the North
American Electric Reliability Council Standard, FAC 003.1 requirement —
R1.2. This section does not supersede or nullify the terms of specific
franchise agreements between an electric utility and a local government and
shall not be construed to limit a local government's franchising authority.
This section does not supersede local government ordinances or regulations
governing planting, pruning, trimming, or removal of specimen trees or LO
historical trees,as defined in a local government's ordinances or regulations,
or trees within designated canopied protection areas. This section shall not
apply if a local government develops, with input from the utility, and the cv
local government adopts, a written plan specifically for vegetation main-
tenance, tree pruning,tree removal, and tree trimming by the utility within ,
the local government's established rights-of-way and the plan is not
inconsistent with the minimum requirements of the National Electrical
Safety Code as adopted by the Public Service Commission; provided,
however, such a plan shall not require the planting of a tree or other
vegetation that will achieve a height greater than 14 feet in an established
electric right-of-way. Vegetation maintenance costs shall be considered
recoverable costs. T_
Section 3. Section 70.002, Florida Statutes, is created to read:
70.002 Property Owner Bill of Rights.—Each county property ppraiser m
office shall provide on its website a Property Owner Bill of Rights. The
purpose of the bill of rights is to identify certain existing rights afforded to
property owners but is not a comprehensive guide. The Property Owner Bill
2
CODING:Words r�r�v^^ are deletions; words underlined are a
Packet;Pg. 2426
Ch. 2019-155 LAWS OF FLORIDA Ch. 2
of Rights does not create a civil cause of action. The Property Owner Bill of
Rights must state:
c�
0
PROPERTY OWNER
BILL OF RIGHTS
This Bill of Rights does not represent all of your rights under Florida law
regarding your property and should not be viewed as a comprehensive guide
to property rights. This document does not create a civil cause of action and LU
neither expands nor limits any rights or remedies provided under any other
law.This document does not replace the need to seek legal advice in matters
relating to property law. Laws relating to your rights are found in the StateLo
Constitution, Florida Statutes, local ordinances, and court decisions. Your
rights and protections include:
1. The right to acquire, possess, and protect your property.
2. The right to use and enjoy your property. c
3. The right to exclude others from your property.
4. The right to dispose of your property.
5. The right to due process.
c
6. The right to just compensation for property taken for a public purpose.
0
7. The right to relief,or payment of compensation,when a new law,rule,
regulation,or ordinance of the state or a political entity unfairly affects your
property. LO
LO
Section 4. This act shall take effect July 1, 2019.
Approved by the Governor June 26, 2019. cv
Filed in Office Secretary of State June 26, 2019.
0
0
3
CODING: Words -t�v^^ are deletions; words underlined ar
Packet;Pg. 2427
0.2.d
1
2
3 m
4
0 LO
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS @
8 RESOLUTION NO. 215-2017
9 c
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS EXEMPTING THE REMOVAL OF NUISANCE
12 EXOTIC VEGETATION FROM THE PERMITTING
13 REQUIREMENTS OF SECTION 6-100 OF THE MONROE COUNTY N
14 CODE OF ORDINANCES FOR 60-DAYS AS NECESSARY TO
15 FACILITATE RECOVERY FROM IMPACTS ASSOCIATED WITH W
16 HURRICANE IRMA; PROVIDING FOR AN EFFECTIVE DATE OF
17 SEPTEMBER 5, 2017.
18
19
20
21 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
22 County, Florida; and >
23
24 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on ®i
25 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
26 County" and that the County "may require expedient action in order to protect the health, safety
27 and welfare of the community;" and
28
29 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
30 on September 10, 2017, causing substantial damage to and loss of property; and
31 LO
32 WHEREAS, the Monroe County Mayor issued another declaration a State of Local
33 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace y
34 inhabiting Monroe County" and that the County "may require expedient action in order to protect
35 the health, safety and welfare of the community;" and
36
37 WHEREAS, in the event of a state of emergency, certain work shall be exempted from
38 requiring a permit, to provide expedient action in order to protect the health, safety and welfare
39 of the community. 2
40
41 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY y
42 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
N
43
44 Section 1. Monroe County is enacting a 60-day temporary suspension of the requirement for
45 a permit to remove more than ten stems of invasive exotic vegetation on Tier III
46 parcels where the removal is necessary for the storage and staging of storm-
Packet Pg. 2428
0.2.d
1 related debris; at county authorized staging locations, this exemption shall not
2 apply to the removal of any native vegetation. The temporary suspension begins
3 on September 5, 2017 and ends on November 4, 2017.
4LO
,
5 Section 2. Monroe County is enacting a 60-day temporary suspension of the requirement for
6 a permit to remove more than ten stems of invasive exotic vegetation. The
7 temporary suspension begins on September 5, 2017 and ends on November 4, @
8 2017.
0
9
10 Section 3. Effective Date. This resolution shall become effective retroactive to September 5,
11 2017.
12 CD
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
14 Florida, at a special meeting held on the 27th day of September2017.
15 W
16 Mayor George Neugent Yes
17 Mayor Pro Tem David Rice Yes c
18 Commissioner Heather Carruthers Yes E
19 Commissioner Danny L. Kolhage Yes
20 Commissioner Sylvia Murphy Yes
21
22 BOARD OF COUNTY COMMISSIONERS >
23 - �} OF MONROE COUNTY, FLORIDA
2425
5 26 x BY ci
27 t Mayor George Neugent N
7 28 'a,
29
30 A IN MADOK, CLERK
31
LO
3
33 c
34 DEPUTY LERK MONROE COUNTY ATTORNEY
P Rif O ASTFORM:
35
LLIAM8
A 7^ ^ " ;t"Y ATTORNEY
0% Ire 1'�2 LIZ
0 4
o ON
LLJ
o ��
ti Y W
p UJ c�.�C)
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c
Packet Pg. 2429
0.2.d
1 MONROE COUNTY, FLORIDA =
2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
3 RESOLUTION NO.220-2017
0
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXEMPTING THE REMOVAL OF HAZARDOUS
VEGETATION FROM THE PERMITTING REQUIREMENTS OF CD
SECTION 6-100 OF THE MONROE COUNTY CODE OF ORDINANCES
AND CHAPTERS 114 AND 118 OF THE LAND DEVELOPMENT CODE
FOR 60-DAYS AS NECESSARY TO FACILITATE RECOVERY FROM W
IMPACTS ASSOCIATED WITH HURRICANE IRMA; PROVIDING FOR
AN EFFECTIVE DATE OF SEPTEMBER 5,2017.
4
5 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
6 County, Florida; and
7 >
8 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
9 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe ®i
10 County" and that the County "may require expedient action in order to protect the health, safety
11 and welfare of the community;" and
12 c�
13 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
14 on September 10, 2017, causing substantial damage to and loss of property; and
15
16 WHEREAS, the Monroe County Mayor issued another declaration a State of Local
LO
17 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace N
18 inhabiting Monroe County" and that the County "may require expedient action in order to protect y
19 the health, safety and welfare of the community;" and
20
21 WHEREAS, Hurricane Irma caused substantial damage to native vegetation, including
22 but limiting to, the uprooting of trees which now constitute a hazardous threat to human safety
23 and welfare as well as property, and
24
25 WHEREAS, Chapter 6-100 of the Monroe County Code of Ordinances and Chapter 114-
26 103 of the Monroe County Land Development Code require a development permit for the v,
27 removal of certain native 'vegetation and Chapter 118-8 of the Monroe County Land c
28 Development Code requires mitigation for the removal of certain native vegetation, and
29
1
Packet Pg. 2430
0.2.d
1 WHEREAS, in the event of a state of emergency, certain work shall be exempted from
2 requiring a permit, to provide expedient action in order to protect the health, safety and welfare
3 of the community. E
4
LO
5 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
6 COMMISSIONERS OF MONROE COUNTY, FLORIDA: _
7
8 Section 1. Monroe County is enacting a 60-day temporary suspension of the requirement for
9 a permit for the major pruning or removal of native vegetation where imminent c
10 danger to life or safety exists or to prevent further property damage caused by
11 Hurricane Irma. Property owners may prune or remove native vegetation to the
12 minimum extent necessary without a permit; however, photographs should be N
13 taken before and after the necessary pruning or removal. This exemption from the `V
14 permitting requirements of Chapters 6-100 of the Monroe County Code of
15 Ordinances and Chapters 114-103 and 118-8 of the Monroe County Land W
16 Development Code shall be for a period of 60 days. The temporary suspension
17 begins on September 5, 2017 and ends on November 4, 2017. c
18
19 Section 2. Effective Date. This resolution shall become effective retroactive to September 5,
20 2017.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, >
23 Florida, at a special meeting held on the 27th day of September2017.
24
25
26 Mayor George Neugent Yes N
27 Mayor Pro Tem David Rice Yes
28 o co Commissioner Heather Carruthers Yes
29 0 ., Commissioner Danny Kolhage Yes
30 � � �}: Commissioner Sylvia Murphy
Yes
31 c= •c
zLO
32 0 65 BOARD OF COUNTY COMMISSIONERS
N
33 U- :c OF MONROE COUNTY, FLORIDA y
UJ
34 a W v
35 o ca
3z- BY A < b4e S
37 Mayor G orge Neugent
S
3 �" w
39
4 ,' t MONROE COUNTY ATTORNEY
✓�� AWFOVF.D AS T ORM:
41
42 K, CP&Clerk :>€ VEN T. WILLIAMS
�_. DASSISTANT C UN Y ATTORNEY cv
43 ots
44 C.
45 CLERK
2
Packet Pg. 2431
Ex.3
f
FY ll4j •v
t � �
R
2 � � r 40% ; CD
3 t aljt t r
4
5 u .
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2020
to
i i AN ORDINANCE BY THE MONROE COUNTY BOARD OF
LO
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 6-100, FOR CERTAIN PERMIT EXCEPTIONS
14 RELATED TO PRUNING, TRIMMING, OR REMOVAL OF
15 TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
16 REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
17 PROVIDING FOR INCORPORATION INTO THE MONROE
18 COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN CD
19 EFFECTIVE DATE. CD
N
cv
20
21
22 WHEREAS, Chapter 6-100 of the Monroe County Code of Ordinances and Chapter 114-
23 103 of the Monroe County Land Development Code require a development permit for the
24 removal of certain native vegetation and Chapter 118-8 of the Monroe County Land
25 Development Code requires mitigation for the removal of certain native vegetation, and
26
27 WHEREAS,the Florida Legislature adopted House Bill 1159 (Ch. 2019-155, LOF), creating
28 Section 163.045, F.S.; prohibiting local governments from requiring notices, applications,
0
29 approvals, permits, fees, or mitigation for the pruning, trimming, or removal of trees on a
30 residential property if a property owner obtains specified documentation; and prohibiting local -�
31 governments from requiring property owners to replant such trees; and
32
33 WHEREAS, the law was approved by the Governor June 26, 2019 and became effective on
34 July 1, 2019; and 0
35 0
CL
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 0
38 Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent of
39 the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the provisions
40 and intent of the Monroe County Code; n
41 c
42 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
43 COUNTY COMMISSIONERS:
44
45 Section 1. Section 6-100 of the Monroe County Code shall be amended as follows (deletions are
46 st+ieke*�hfettgh and additions are underlined):
47 e(
Packet Pg. 2432
Ex.3
1 Sec. 6-100.-Permits required.
r9
2 (a) Applicability. A permit shall be required for all work shown in the following table, except where
3 specifically exempted this section.
Work Requiring a Permit Residential Exceptions
U
W
Site preparation including: land clearing,
placements of fall, excavation, and blasting; None. However, no fee(including education; contractor =a
however, no permit for site preparation investigation; or tech fees) shall be charged for invasive 0)
may be issued except in conjunction with exotic vegetation removal if permit is not classified as
the establishment of a use or structure clearing and grubbing.
LO
allowed in 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 y
lawfully established principal use;however, this exemption
Removal of invasive exotic vegetation shall not apply if the removal is part of a larger clearing
operation undertaken in segments within any one calendar
year,whether by the same or different contractors and/or the
property owner or if undertaken in conjunction with any N
construction.
A permit or mitigation is not required if a property owner
obtains documentation from an arborist certified by the
W
Pruning, trimming, or removal of trees International Society_ of Arboriculture or a Florida licensed CD
landscape architect that a tree presents a danger to persons
or property.
Residential demolition where the fair market value of the
Demolition demolition work is less than $2,500.00 and all pertinent c
utilities have been properly disconnected.
Tie downs of habitable structures None
Those signs that are specifically exempt from permit
requirements pursuant to part II of this Code;however,in no
Signs case shall a sign be exempt if its installation represents a
threat to life and safety.
0
Fences None 0
CL
Sheds None. Effective July 1, 2013, sheds are no longer exempt
from permitting per this Section. 0
Chickees not constructed by Miccosukee or
Seminole Indians None
v,
Any new construction and remodeling Interior remodeling where the fair market value of such
work of principal and accessory structures
work is less than $2,500.00 and there is no change in the
original size or configuration. uo
Exterior and interior painting of single- and two-family
residential buildings.
Installation of carpeting and floor coverings in single- and
Packet Pg. 2433
Ex.3
two-family residential buildings that have previously been
inhabited,if the fair market value of the work is less than
$5,000.00. '
Normal maintenance or ordinary minor repairs where the
fair market value of such work is less than $2,500.00.
All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where the )
plumbing trades fair market value of such work is less than $2,500.00. C
- a-
The installation of satellite antennas and microwave
receiving antennas that do not exceed one meter in diameter E
but only where mounted on existing buildings or structures.
Ln
All work subject to the floodplain Normal maintenance or ordinary minor repairs where the
management requirements of part II of this fair market value of such work is less than $2,500.00. as
Code
v,
Resource extraction activities (as defined in
part II of this Code) None
Any work involving life safety None
1 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction,repair,remodeling or improvement work is a part of a larger or major operation,whether z
4 undertaken by the same or different contractor. NO EXCEPTIONS apply to work conducted below base
5 flood elevation and/or subject to the floodplain management requirements of the Monroe County Code to
6 structures located within a Coastal Barrier Resource System (CBRS) or structures located within flood
7 zone AE or flood zone VE. All residential work that is exempt from Monroe County permitting shall still
8 comply with the Florida Building Code, this chapter, and part II of this Code and shall be subject to code o
9 compliance.
10 (b) Separate permit required. A separate permit shall be required for each principal structure and any 0
11 dock, seawall, and riprap accessory structure.
12 (c) Blanket invasive exotic removal permit. An annually renewable blanket permit for the removal of E
13 invasive exotic vegetation is available to not-for-profit conservation agencies as approved by the
14 county biologist.
15
16 c
0.
17 Section 2. Severability.
CL
18
19 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, 0
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
0
23 circumstances.
24 x
25 Section 3. Conflicting Provisions.
26
27 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
28 extent of said conflict.
29
Packet Pg. 2434
Ex.3
1 Section 4. Inclusion in the Code of Ordinances.
2
3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
4 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
5 appropriately renumbered to conform to the uniform numbering system of the Code. o
6
7 Section 5. Transmittal and Effective Date.
8
9 This Ordinance shall be filed with the Department of State and shall be effective as provided in
10 section 125.66(2)(b), Florida Statutes. E
LO
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
13 Florida, at a regular meeting held on the day of —
14
15 Mayor Heather Carruthers
16 Mayor Pro Tem Michelle Coldiron s
17 Commissioner Craig Cates
18 Commissioner David Rice
19 Commissioner Sylvia Murphy
20 LU
21
22 BOARD OF COUNTY COMMISSIONERS W
23 OF MONROE COUNTY, FLORIDA
24
25 BY
26 MAYOR HEATHER CARRUTHERS
27 )
28 (SEAL)
29
3o ATTEST: KEVIN MADOK, CLERK -�
31
32 DEPUTY CLERK
33 y
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34 0.
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35 CL
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