Item H10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 March 2005
Division:
Growth Management
Bulk Item: Y es ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance amending Section 5.5-17 Monroe County Code to provide clarity and
specificity to the existing ordinance requiring the maintenance of overhanging shoreline vegetation on
manmade waterbodies.
ITEM BACKGROUND:
Recently the specificity of Section 5.5-17 Monroe County Code has come into question concerning what
constitutes a navigational obstruction thus requiring a property owner to trim vegetation along his/her shoreline.
The attached amendment to the ordinance provides additional specificity adopting a standard which would
allow vegetation to extend up to 10 % of the perpendicular width of a manmade waterbody. The revision will
provide Code Enforcement officers with a tool allowing them to measure the degree of any potential
navigational obstruction. The revision will also help minimize frivolous code cases.
PREVIOUS RELEVANT BOCC ACTION:
2001 - Adoption of the trimming ordinance
May 2003 - ordinance amendment
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT Per Month
Year
DIVISION DIRECTOR APPROVAL:
Risk Management NA.
APPROVED BY: County Atty -1L
of Growth Management
DOCUMENTATION: Included ~ Not Required
DISPOSITION: AGENDA ITEM NO.:
Mangrove Oridnance Agenda Sum
2i24/2005 2:34 PM
ORDINM'~ ~O.
-,ago
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, fLORIDA, AMENDING SECTION 5.5-17, MONROE
COUNTY CODE, IN ORDER TO PROVIDE GREATER SPECIfICITY
CONCERNING THE REQUIRED MAINTENANCE Of TREES WHICH
EXTEND OVER A MAN-MADE WATER SODY AS DEfINED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
All ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EfFECTIVE DATE.
WHERAS, it is the intent of Monroe County to provide dear, conc;ise, and easily
interpretable ordinances to the pvblic, and
WHERAS, Section 5.5~17 Monroe. County Code regarding the required
maintenance of trees extending from the shoreline over a manmade water oodY, lacks
specificity as to how far trees or other vegetation may extend over water before
constituting an obstruction to navigation, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FlORlDA:
Section 1. Sec. 5.5~17 (bt Monroe County Code, is hereby amended to add the
following language:
(b) Prohibition on cauSing or permitting trees to interfere with vessels
upon any man-made waterbody. No real property owner may cause, suffer,
or permit a tree, trees or other vegetation, to grow, or otherwise extend,
from his or her real property into or over a man-made water body in such a
way or manner as to constitute a navigational hazard to, or to interfere
with, vessels engaged in a journey or ride upon the man-made water body.
It. ibalt be . ~resumed .th(3t vegetation extendJfl..QJr~;u:n th~ shorellr}j~ Qf . q
.co.gJ.lmj;tge waw Qody beyonQ thi 2Pj2[~lmate m~!l.JQW uter m~rk py
more thlln t~n ~rcent (10 %) oLt~ Q~~lI perpen~i<;:ulS1lFwl~ttL of the
~~ter bOdy (:3t the po1otgf me~$~rement oon~tittj~e$ a oavI9at[Qn~1 h~~an;t.
TIlls Qr~$YmptjQf1 is alif;msMLwit.!lj:h~ permitted IiOlitiJQf the construction Qf
Q.QQ;ing f~\;ilities in the l~nj;U;l~v~lopment reg\JjgtlQ!1~~
S.~g:iQn. 2, If any section, subsection, sentence, clause or provision of this
ordinance 15 held invalid, the remainder of this ordinance shall not be affected by such
invalidity .
S~iQrL~.t All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said confUct.
Se<<;tiQn 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section S. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has
been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
a regular meeting of said 50ard held on the _~_ day of _.__. " 2005.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Neugent
Commissioner Rica
Commissioner Nelson
(SEAL)
Attest: DANNY LKOLHAGE, Clerk
SOARD OF COUNTY COMMISSIONERS
OF MONROe COUNiYI FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
J Or4Canol, tN\&I