Item R4 R.4
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
The Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: R.4
Agenda Item Summary #8612
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
1:30 Public Hearing
AGENDA ITEM WORDING: A Public Hearing to Consider an Ordinance of the Monroe County
Board of County Commissioners Amending Monroe County Land Development Code Chapter 118
to Eliminate Redundant or Obsolete Code Text, to Enhance the Clarity of Existing/Pre-Existing
Legislative/Regulatory Intent, and to Update Monroe County's Species Lists.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners ("BOCC") adopted extensive updates to the
Monroe County Land Development Code ("LDC" or "Code") through Monroe County Ordinance
No. 006-2016 at the BOCC's special meeting held on April 16, 2016.
Since then, Monroe County Planning and Environmental Resources Department ("Department")
staff have detected that selections within that portion of the amended LDC contain eliminable
redundant or obsolete text, and, separately, have determined that it would be desirable to enhance the
clarity of existing/pre-existing legislative/regulatory intent of this amended portion of the LDC, as
well as discerned the necessity of updating Monroe County's lists of species.
In addition to these relatively minor (i.e., substantively minor) modifications of this portion of the
Code's text, the Department's professional staff have also included within this amendment: (A.)
Specific habitat restoration standards for illegal landclearing Code violations, in order to buttress
(supplement) the clarity of the portions of this Code relating to restoration permit reviews, based
upon researched biological standards; M. Revisions to dock construction standards, specifically the
prohibition of chromated copper arsenate ("CCA") leaching materials for pilings, or the wrapping of
pilings containing such CCA leaching materials, in order to protect Monroe County's nearshore
waters from harmful chemicals; and (C.) Requirements for grated decking and minimum height
above benthic resources, in order to allow for maximum sunlight to reach benthic resources located
below.
The full text is included in the attached Monroe County Planning and Environmental Resources
Department professional staff report, and in the attached ordinance prepared by the Department's
professional staff.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), community meetings were held virtually on
September 23, 2020, and on November 4, 2020, to provide for public input. There were 24 attendees,
including nine members of the Monroe County Planning and Environmental Resources
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Department's professional staff, at the September 23rd meeting. Based upon public input during and
subsequent to that first community meeting, a second community meeting was held on November 4,
2020. Attendance at this meeting consisted of 12 members of the public and eight members of the
Department's professional staff.
Development Review Committee
On March 23, 2021, the Monroe County Development Review Committee ("DRC") held a virtual
public meeting to review and receive public input.
Planning Commission
On April 28, 2021, the Monroe County Planning Commission ("Planning Commission" or "PC")
held a public hearing for review and recommendation on the proposed amendment and to receive
public input.
At the Planning Commission's April 28th public hearing, Planning Commission members requested
for the Department's professional staff to review the proposed amendment language pertaining to
LDC subsection 118-10(m.)(6.)(e.) (requiring that "the height of pier type docks and piers over
benthic biological resources shall be a minimum of 5 feet above mean high water as measured from
the top surface of the decking") to determine if such elevation is already required by the U.S. Army
Corps of Engineers ("USACE" or "Army Corps"), and based upon those findings to make one of
the following changes to the proposed amendment:
1. If the USACE already has such a requirement, to then remove the language the
Department has proposed;
2. If the USACE does not have such a requirement, to revise the proposed
ordinance's language to allow pier type docks to be only two feet above mean
high water if made of grated materials, in the interest of boat access facilitation.
The Monroe County Planning and Environmental Resources Department's professional staff have
concluded that the Army Corps' current guidelines do require that docks be at least five (5) feet
above mean-high water ("MHW") and may allow a step-down area of the terminal platform to
facilitate vessel access, subject to certain USACE size limitations, as documented in the Army
Corps-National Marine Fisheries Service "Construction Guidelines in Florida for Minor Piling-
Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat", dated November 2017, published on the USACE Jacksonville District's
website.
Accordingly, in summation:
1. The opinion expressed by Planning Commission members, as expressed at the PC's April
28th public hearing, would be that the Planning and Environmental Resources Department
professional staff s proposed amendment language requiring that pier type docks be
elevated at least five (5) feet above mean high water is unnecessary.
2. Despite that PC recommendation against the Department professional staff s
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recommendation, the Department's professional staff still consider necessary and
important BOCC inclusion in the County's land development regulations a height
requirement for pier-type docks over benthic resources in order to protect our natural
resources.
The Monroe County Planning and Environmental Resources Department's professional staff are
therefore recommending for the BOCC to approve in this amendatory ordinance the following text,
which is consistent with Army Corps guidelines:
"...The height of pier type docks over benthic biological resources shall be a
minimum of 5 feet above mean high water (MHW) as measured from the top surface
of the decking, and the total size of the platform shall be limited to 160 square feet.
The configuration of the platform shall be a maximum of 8 feet by 20 feet. A
minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement; a 3 feet
by 20 feet section may be placed 3 feet above MHW to facilitate boat access..."
PREVIOUS RELEVANT BOCC ACTION:
September 2, 2015: The BOCC held public hearings to review and discuss proposed amendments to
the Monroe County Land Development Code to be consistent with the transmitted Monroe County
Year 2030 Comprehensive Plan, the results of the Comprehensive Plan Technical Document Update,
the adopted 2012 Evaluation and Appraisal Report ("EAR"), and the 2014 Evaluation and Appraisal
Notification Letter. Chapters reviewed at the September hearing included, inter alia, Chapter 114
("Development Standards") and Chapter 118 ("Environmental Protection").
March 1, 2016: At a special public BOCC meeting, the Board of County Commissioners held the
first of two public hearings to consider adoption of the Monroe County 2030 Comprehensive Plan
and proposed amendments to the Monroe County Land Development Code to be consistent with the
Monroe County Year 2030 Comprehensive Plan.
April 13, 2016: At a special public BOCC meeting, the Board of County Commissioners adopted
Ordinance No. 006-2016, amending the Land Development Code to be consistent with the
transmitted Monroe County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan
Technical Document Update, the adopted 2012 Evaluation and Appraisal Report ("EAR"), and the
2014 Evaluation and Appraisal Notification Letter.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance - Chapter 118 amendments
2019-184 Staff Report- Chapter 118 amendments
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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:
NA
REVIEWED BY:
Emily Schemper Completed 08/31/2021 2:09 PM
Assistant County Administrator Christine Hurley Skipped
08/31/2021 9:04 AM
Peter Morris Completed 08/31/2021 4:04 PM
Purchasing Completed 08/31/2021 4:15 PM
Budget and Finance Completed 08/31/2021 4:18 PM
Maria Slavik Completed 08/31/2021 5:52 PM
Liz Yongue Completed 08/31/2021 6:13 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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6 MONROE COUNTY, FLORIDA c
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. - 2021
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
12 CODE CHAPTER 118 TO ELIMINATE REDUNDANT OR OBSOLETE CODE
13 TEXT; TO COMPLEMENT THE CLARITY OF EXISTING/PRE-EXISTING
14 LEGISLATIVE AND REGULATORY INTENT; TO UPDATE MONROE
15 COUNTY SPECIES LISTS; PROVIDING FOR REPEAL OF CONFLICTING
16 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
17 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR c
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18 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
19 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
20
21 WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the 0
22 local legislature of Monroe County, Florida; and 4
23
24 WHEREAS, at a special meeting of the Monroe County Board of County Commissioners
25 ("BOCC", "Monroe County", or the"County")held on April 16, 2016,the BOCC adopted Ordinance No.
26 006-2016 amending the Monroe County Land Development Code ("Land Development Code", "LDC"
27 or"Code"); and
28
29 WHEREAS,this LDC amendment implements the Monroe County Comprehensive Plan's Goals, -�
30 Objectives and Policies, by, inter alia, removing eliminable redundant or obsolete Code text and W
31 separately, buttressing the clarity of the existing/pre-existing legislative and regulatory intent of the M
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32 sections and subsections of this Land Development Code Chapter; and
33
34 WHEREAS, the Monroe County Planning and Environmental Resources Department 0
35 ("Department")conducted public workshops on September 23,2020, and on November 4, 2020,to review
36 the proposed amendment and to receive public comment; and
37
38 WHEREAS, the Monroe County Development Review Committee ("DRC") held a duly
39 advertised public meeting on March 23, 2021, to consider adoption of amendment to the LDC, and
40 provided an additional opportunity for further public comment; and
41
42 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or "PC") held
43 a duly noticed public hearing on April 28, 2021, to review and consider the proposed amendment and
44 adopted Resolution No. P09-21, recommending approval to the Monroe County Board of County et
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I Commissioners albeit recommending certain changes to the amendment being proposed by the Monroe
2 County Planning and Environmental Resources Department's professional staff, and
3
0
4 WHEREAS, at a duly noticed regular public meeting of the BOCC held on September 15, 2021, �?
5 the Monroe Board of County Commissioners held a public hearing, considered the Department's agenda
6 item body, agenda item background, professional staff report, and provided an opportunity for members 0.
7 of the public to offer public comment, participation, and/or input, in accordance with the requirements of
8 local, state, and federal law; and
9 -�
10 WHEREAS, based upon the foregoing, the Board of County Commissioners of Monroe County,
11 Florida, hereby makes the following findings of fact and conclusions of law:
12
13 1. The proposed amendment(s) is/are consistent with the Goals, Objectives and Policies of the
14 Monroe County Year 2030 Comprehensive Plan; and
15
16 2. The proposed amendment(s)is/are consistent with the Principles for Guiding Development for
17 the Florida Keys Area of Critical State Concern, 380.0552(7), Florida Statutes; and
18 0
19 3. The proposed amendment(s)is/are consistent with Part II of Chapter 163,Florida Statutes; andco
20
21 4. The proposed amendment(s)is/are necessary and in furtherance of the constitutional, statutory,
22 and local police power(s) of Monroe County, Florida;
23 0
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: m
26
27 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but
28 not limited this ordinance's title, are true and correct, and are hereby incorporated as if fully stated herein. t
29 N
30 Section 2. The Monroe County Land Development Code is hereby amended as follows
31 (deletions are stricken through; additions are underlined): .E
32
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33 Sec. 118-1. Purpose of Environmental Performance Standards. co
34 It is the purpose of this chapter to provide for the conservation and protection of the environmental
35 resources of Monroe County by ensuring that the functional integrity of natural areas is
36 protected when land is developed.
37
38
39 118-2. Existing Conditions Report.
40
41
42 (c) Plant species list. A list of species found in the survey, and those proposed for removal (if
43 applicable), provided in a matrix with a minimum of the following five columns:
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1 (1) Common Name;
2 (2) Scientific Name;
3 (3) Status - Indicate species' status as TH: Threatened; END: Endangered; RI: Regionally
4 Important; SSG Spee es of Speeial rafieef RM: those species identified in this Section as �
5 reaching Reproductive Maturity at less than four inches diameter at breast height (DBH); N:
6 Non-listed Native; EX: Exotic; INV: Invasive Exotic; or other status; 0.
7 (4) Number and Size to Remain 2
8 a. For those species listed as TH/END/RI/-S-S-G, indicate the number of plants to remain on -�
9 the site and their sizes;
10 b. For those species named in this Section as reaching reproductive maturity at less than
11 four(4) inches in diameter at breast height(DBH), e44 *,indicate the number of
12 reproductively mature plants to remain on the site regardless a U
13 C. For all other native species, estima+e indicate the number of plants to remain on the W
14 site and too nuir,h.o,-with a DBH of 4 inches or greater.
15 (5) Number and Size to Be Removed (if applicable)
16 a. For those species listed as TH/END/RI, indicate the number of plants to be removed and
17 the size of each plant; 0
18 b. For those species named in this Section as reaching reproductive maturity at less thanco
19 four (4) inches diameter at breast heights kDBH), indicate the number of
20 reproductively mature plants to be removed regardless a and the size of each plant; �
21 C. For all other native species, indicate the number of plants to be removed with a DBH of
22 four 4 inches or greater. 0
Common Native Species Reaching Reproductive Maturity at Less Than Four
(4) inches DBH
Beautyberry Callicarpa americana
Cat's claw Pithecellobium unguis-cati E
Cockspur Pisonia aculeata
Cocoplum Chrysobalanus icaco E
Dahoon holly Ilex cassine
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False willow Baccharis angustifolia M
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Jamaica caper Capparis cynophallophora
Limber caper Capparis flexuosa
Marlberry Ardisia escallonioides
Myrsine Myrsine floridana (cubana)
Randia Randia aculeata 0
Rougeplant, Rouge bush Rivinia humilis
Saltbush Baccharis halimifolia
Saw palmetto Serenoa repens
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Silver-btit4aawaad GonoewpHs spent;=aT sepieeHs
Snowberry Chiococca alba or Chiococca pinetorum
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Spanish stopper Eugenia foetida
Tallowood Ximenia americana
3x� rly'Fi a ,;f„
White stopper Eugenia axillaris
Wild coffee Psychotria nervosa
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3 (e) Site plan. A site plan identifying the proposed development at a scale of at least one inch equals r-
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4 20 feet or-greater- showing the location and sizes of the following:
5 (1) all listed threatened and endangered native plants es of speeial ,.,,,,,.o..,,; and 0
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6 regionally important native plants—speeies;
7 (2) all native plants speeies-that reach reproductive maturity at less than four inches DBH, as
8 named in this Section;
9 (3) all other native plants sp�with a DBH of four inches or greater;
10 (4) champion trees (listed nationally by the State of Floridan c
11 (-3)(5) native specimen trees (with a DBH greater than seventy-five percent of the record tree of 4
12 the same species for the State of Florida);
13 (4)(6) the extent of wetlands; -�
14 {�}(7) areas of disturbance and invasive exotic species; and a
15 O)(81 proposed boundary of area(s) to be cleared and location of species to be removed (if
16 applicable), including, but not limited to, building footprint, construction impact zone as y
17 defined in Section 101-1, installation of buried utilities, driveways and walkways.
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19 Sec. 118-3. Administration and Compliance. co
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20 Before a certificate of occupancy or final inspection approval may be issued for any structure, portion, or
21 phase of a project subject to this chapter, a grant of conservation easement running in favor of the County
22 shall be approved by the Planning Director and the County Attorney and recorded in the official public
23 records of the County for any conservation easement required pursuant to Sections 118-9, 118-10(d)(7), U
24 118-12(b)(4)b, and 118-12(c)(2), or elsewhere in this chapter at the applicant's expense. The conservation
25 easement shall state the amount of required upland native vegetation protected area and the prohibited
26 activities within that protected are open spaee and prohibit .,etivities within, that open including
27 removal, trimming or pruning of native vegetation; acts detrimental to wildlife or wildlife habitat
28 preservation; excavation, dredging, removal or manipulation of the substrate; activities detrimental to E
29 drainage, flood control, or water or soil conservation; dumping or placing soil, trash, or other materials;
30 and any other restrictions as may be stated on the conservation easement. Fencing shall not be allowed in
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I a conservation easement unless the fencing abuts developed land and contributes to the protection of the
2 conservation area. Fence construction shall be completed with hand tools and not cause any form of tree
3 abuse. No areas subject to the conservation easement shall be less than five feet in width.
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4 Sec. 118-4. Wetland Open Space Requirements.
0.
5 No deve' rme t.,,twit eExcept as provided for in this chapter, no development activities are permitted 2
6 in submerged lands, mangroves, salt ponds, freshwater wetlands, freshwater ponds, or in undisturbed salt
7 marsh and buttonwood wetlands; the open space requirement is 100 percent. -�
8 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt
9 marsh and buttonwood wetlands only for use as transferable development rights away from these habitats.
10 Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or
11 intensity.
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13 Sec. 118-7. General Environmental Design Criteria. 0
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16 (c) The habitat of protected plants and animals (including but not limited to species listed as
17 endangered, threatened, species of special concern, or protected under laws seek as the 0
18 Mig-at fy Bif:a Tr-ea y ^ *State or Federal law) shall be preserved to the maximum extent 4
19 practicable through the configuration of epen +pffeeprotected natural areas. Habitat includes, W
20 but is not limited to,foraging,roosting,breeding, and natural and artificial nesting habitat. This -�
21 includes, but is not limited to, bird rookeries and bird nesting eeleniesareas. No habitat of
22 protected species shall be disturbed without prior notification and approval by the County t
23 Biologist. Impacts to endangered species habitat that result in a "May Affect" determination N
24 through the application of the U.S. Fish and Wildlife Service (USFWS) Species Assessment
25 Guides will require coordination with the USFWS in accordance with Chapter 122-8. E
26
27
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28 Sec. 118-8. Mitigation Standards and County Environmental Land Management and Restoration
29 Fund.
30 (a) Mitigation standards. Unless alternative mitigation is approved as part of a minor or major
31 conditional use pursuant to Section 118-6,the removal of any listed threatened or endangered native U
32 plants-speeies; any regionally important native plants-speeies; any native plants t3e�that reaches
33 reproductive maturity at less than four (4) inches diameter breast height (DBH� as identified in
34 Section 118-2(c); and any other native plants t3e�with a DBH of four
35 inches or greater shall require payment to the Monroe County Environmental Land Management
36 and Restoration Fund in an amount sufficient to replace each removed plant or tree on a 2:1 basis, E
37 as determined in accordance with subsection(b). The number, species, and sizes of trees and plants
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I to be mitigated shall be identified in the existing conditions report provided pursuant to Section 118-
2 2 and approved by the County Biologist.
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4 * * * ca
5 Sec. 118-9. Clearing Allowances.
6 (a) Purpose. It is the purpose of this Section to provide for eprotected areas as a part of a W
7 development plan in order to ensure the continued existence of natural wildlife habitat and to provide -�
8 open green areas for the movement, aesthetics, and safety of the human population utilizing the M
9 development. Native native vegetation communities shall be considered required open
10 spaeeprotected natural areas and shall not be cleared or otherwise disturbed, beyond the limits
11 specified in subsection (b), including ground cover, understory, midstory, and canopy vegetation.
12 All such areas shall be maintained in their natural condition and shall be protected by a grant of 0
13 conservation easement running in favor of the County.
14
15
16
17 (c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depictedco
18 on the December 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to
19 determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by
20 recent aerial photography and existing site analysis to determine any increases in the amount of
21 upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time 0
22 of permit application shall be considered to still include upland native vegetation for purposes of 4
23 determining the amount of open q3,a�Protected natural areas and clearing permitted.
24 -�
25 (d) Ocean Reef Club clearing. For the purpose of this Section, upland native vegetated areas in the 0)
26 Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetft+ed <
27 afeasvegetation. N
28
29
30 (g) Vesting provisions. Applications for building permits received prior to January 13, 2013, and any
31 building permits issued or to be issued pursuant to an active conditional use permit development M
32 order approved prior to January 13,2013, shall be permitted to use the clearing allowances in effect co
33 at the time of building permit application or approved in the conditional use permit.
34 Redevelopment of a site where clearing of native upland vegetation communities was authorized
35 in excess of standards of 118-9(b) shall be limited to the approved clearing footprint of the
36 previously issued building permit. Any revisions to the extent of clearing approved by the building
37 permits or conditional use permits referenced above shall be required to comply with the clearing
38 limits currently in effect.
39 Sec. 118-10. Environmental Design for Specific Habitat Types.
40 In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual habitats
41 as outlined in this Section.
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I (a) Hammock. All structures developed, used or occupied on land classified as hammock(all types and
2 all levels of quality) shall be designed, located and constructed such that:
0
3 (1) All required protected natural areas are maintained in their natural
4 condition,including the preservation of canopy,midstory,understory vegetation,ground cover
5 and leaf litter layer; and 0.
6 (2) Clearing of native vegetation is limited to the area of approved clearing shown on the approved 2
7 site plan, which shall include a construction impact zone around all structures. Construction
8 barriers shall be required at the outer edge of the construction impact zone and shall be visible -�
9 and of durable material such as wood, fabric, wire fencing, plastic safety fencing, or similar
10 types that provide openings to allow the passage of wind and water through them. Barriers
11 shall be staked and remain in place and maintained in a functional condition until final
12 inspection for a certificate of occupancy has been approved. During construction, there shall
13 be no disturbances of the ground surface and vegetation within required epen
14 natural areas.
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15 (b) Pinelands. All structures developed, used or occupied on land classified as pinelands (all types and
16 all levels of quality) shall be designed, located and constructed such that: 0
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17 (1) All required protected natural areas are maintained in their natural
18 condition, including canopy, midstory, understory vegetation, and ground cover. Dead a.
19 vegetative matter, including leaf litter layer, may be removed for fire safety; and
20 (2) All structures are separated from the body of the pinelands by a clear, unvegetated fire break c
21 of at least 15 feet width. Any clearing required to create this firebreak shall be deducted from
22 the total area of clearing allowed for the parcel. Clearing of native vegetation shall be limited
23 to the area of approved clearing shown on the approved site plan, and the required firebreak. -�
24 Construction barriers shall be required at the outer edge of the area to be cleared and shall be 0)
25 visible and of durable material such as wood, fabric, wire fencing, plastic safety fencing, or <
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26 similar types, that provide openings to allow the passage of wind and water through them. y
27 Barriers shall be staked and remain in place and maintained in a functional condition until final
28 inspection for a certificate of occupancy has been approved. During construction, there shall E
29 be no disturbances of the ground surface and vegetation within required apen ipa-eeprotected
30 natural areas. E
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32 (e) Mangroves, wetlands, and submerged lands. All structures developed, used or occupied on land
33 classified as mangroves, wetlands or submerged lands (all types and all levels of quality) shall be
34 designed, located and constructed such that:
35 (1) Generally. Only docks and docking facilities, boat ramps, walkways, water access walkways,
36 water observation platforms, boat shelters, nonenclosed gazebos, riprap, seawalls, bulkheads,
37 automobile or pedestrian access to lawfully established dwelling units located on upland areas
38 and utility pilings shall be permitted on or over mangroves, wetlands, and submerged lands, E
39 subject to the specific restrictions of this subsection. Trimming and/or removal of mangroves
40 shall meet Florida Department of Environmental Protection requirements. <
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1
2 (4) Placement offill. No fill shall be permitted in any mangroves, wetlands, or submerged lands 0
3 except:
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4 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads, Seawalls, 0
5 Riprap) and 118-12(1) (Boat Ramps);
6 b. To fill a manmade, excavated water body such as a canal,boat ramp, boat slip, boat basin
7 or swimming pool if the County Biologist determines that such filling will not have a a
8 significant adverse impact on marine or wetland communities provided re ug latoLy
9 approval by the Florida Department of Environmental Protection and the U.S. Army
10 Corps of Engineers is received prior to the commencement of development or
11 construction and/or prior to issuance of a County `Notice to Proceed'; t�
12 C. As needed for shoreline stabilization or beach renourishment projects with a valid public 0
13 purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined r_
14 by the County Biologist;
15 d. For bridges extending over s wetlands that are
16 required to provide automobile or pedestrian access to lawfully established dwelling units 0
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17 located on upland areas within the same property for which there is no alternate means
18 of access. Such bridges shall be elevated on pilings so that the natural movement of water,
19 including volume, rate and direction of flow shall not be disrupted or altered; or
20 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
21 appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of this 0
22 Section.
23
24 (7) Vegetated buffer required between development and wetlands. Except as allowed in Section
25 118-7 (general environmental design criteria), a minimum vegetated setback of 50 feet shall
26 be maintained as an open space buffer and shall be protected by a grant of conservation 0)
27 easement running in favor of the County for development occurring adjacent to all types of -�
28 wetlands, with the following exceptions:
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29 a. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint
30 of reasonable configuration, then the setback may be reduced to allow for 2,000 square
31 feet of principal structure footprint of reasonable configuration,provided that the setback
32 is not reduced to less than 25 feet.
33 b. On properties classified as scarified adjacent to wetlands, the wetland setback may be
34 reduced to 25 feet, without regard to buildable area, if the entire setback area:
35 1. Is planted and maintained in native vegetation meeting the standards of a class D
36 bufferyard or a bufferyard providing similar protection (Section 114-128
37 Bufferyard standards) with the exception that understory trees may be substituted 0)
38 for canopy trees;
39 2. Contains a site-suitable stormwater management plan approved by the County
40 Biologist; and C
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1 3. Is placed under a conservation easement.
2 C. The wetland setback required by this subsection shall not apply to mangrove or wetland
3 fringes occurring along manmade canals, channels, or basins.
4 d. The wetland setback required by this Section shall not apply to areas filled in accordance a
5 with 118-10(d)(6) where state and/or federal permits res+rie+ the fill to the deve' rme 0.
6 afea enlyestablish limits of the fill. c
7 e. On properties where the wetland is located between the development and water 0)
8 (shoreline), the terms of the grant of conservation easement may be amended to allow up -�
9 to a four-foot wide (4ft) boardwalk or similar water-access structure to allow access to
10 the water. The terms may only be amended if the County Biologist makes written
11 findings of fact and conclusions of biological opinion that substantiate the need and/or
12 benefits to be derived from the amendment.
13 Sec. 118-11. Environmental Restoration Standards. r_
14 a In the event an land clearing is occurring on a site and such clearing is outside the scope of an
( ) Y g g g P Y
15 permit issued or for which no permit was issued, the Building Official or other authorized County 0
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16 official shall issue a stop work order. If any land clearing has occurred for which no permit has been
17 issued or which is beyond the scope of an issued permit, such activity shall be subject to code
18 enforcement proceedings under Chapter 8. Except for issuance of an approved after-the-fact permit
19 for restoration, the stop work order shall remain in effect and no application for a building permit
20 shall be processed or issued for the site until the violation for unlawful land clearing is corrected c
21 pursuant to subsection (b) of this Section. 4
22 a
23 (b) A land clearing violation is corrected if all of the following conditions are met in accordance with a -�
24 restoration site plan approved by the County Biologist:
�t
25 (1) Submission of a restoration plan and site plan showing the location of the restoration plantings. y
26 {4}(2) The site shall be restored to its pre-violation grade.
27 Native canopy trees, understory and shrubs on the unlawfully cleared site shall be replaced E
28 with native plant species as appropriate and All native trees, and gr-Omiaeayer-s an the
29 E
30 co
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31 was determined by the County Biologist. Two canopy and four understory trees will be
32 required per 100 square feet of impact. A lesser density of required trees and/or substituting
33 shrubs for understory may be permitted at the discretion of the County Biologist based upon
34 written findings that the reduction is necessary. The replanted canopy, understory and shrubs
35 must be distributed evenly throughout the restoration area(s) and may not be clustered in any U
36 one location. Canopy trees shall have a minimum of three inches in diameter at breast height
37 (DBH) or be at least ten feet tall, understory shall be a minimum of five feet tall. e
38
39
40
41
42 ,leer-, gas deter-mined by the r,,,,,, y Biologist regardless f p-edafnifl flee
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1 { }��
2 that were tial,wf lly e' n shall consist of a
3 minimum of 20 percent of the species listed as endangered,threatened, or regionally important.
4 (4)(5) The restoration work to correct the land clearing violation shall be deemed complete after
5 four passed inspections by the County Biologist. An initial restoration planting inspection is a
6 required immediately after the installation of the replacement plants and inspections are 0.
7 required annually for two years after the passed initial planting inspection. A final inspection 2
8 is required at the end of the third year after the initial planting inspection. A final inspection
9 may only be approved provided that three consecutive inspections as described in this section -�
10 have been approved.A fna;iet-aFyguar-antee for-the restoration stiptilated in subseetien
11 (e) ef this Seetien, shall be pr-&,,ided in the feR�n ef a stir-et-y bend, eash, er- ether- fififfneiff!
12
0
U
13 W
14 (b)(1) (3) of this Seetion shall be r-equir-ed to r-eeeive final in FE)Val by the County
15 Bielegi st.
16 (c) Any violation for land clearing that has been corrected pursuant to subsection(b)of this section shall 0
17 be subject to the following additional conditions to ensure the growth and viability of the restoredco
18 habitat:
19 (1)
20 restoration site pla4 The restoration area(s) shall be maintained free from all invasive exotic �
21 plant species shall be r-emeved a+ least Ejttai4er-ly dtir-ing the three year- per-ied deser-ibed in
23 (2) At least 80 percent of the trees replaced, as described in subsection (b)(3=4-2) of this Section, -a
24 shall be viable at the end of a three-year period from the date of the fix-a-first inspection of the
25 restoration work. Dead or dying trees may be replaced, subject to prior approval by the County E
26 Biologist, during the three-year period in order to ensure the 80 percent minimum is met at the N
27 end of three years. �
28 anatial basis dur-ing the three year- period and shall r-equir-e a final inspeeti-An. -A*,the end of the E
29 threeyear-period. The County Biologist may direct that dead or dying trees be replaced as he �
30 or she deems necessary to ensure the 80 percent standard will be met at the end of the three E
31 years. co
32 (d) Failure to meet the conditions of subsection(c) of this Section shall be considered a violation of this
33 Land Development Code and subject to code enforcement proceedings under chapter 8.
34 (e) The permit holder shall may be required through a financial guarantee approved by the Planning U
35 Director and the County Attorney, to guarantee the satisfactory completion of the restoration work
36 in accordance with the approved restoration site plan and the survival of at least 80 percent of the
37 replanted trees for a period of at least three years after the issuance of the after-the-fact permit for
38 the restoration work.
a�
39 (1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
40 restoration work described in subsections(b)(1)-(3) of this Section. The estimated costs of the
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I restoration described in subsection (b) of this Section shall be the sum of subsections (e)(1)a.
2 and (e)(1)b. of this Section:
0
3 a. One-hundred percent of the estimated cost of the restoration described in subsection
4 (b)(2-�) of this Section as estimated by the County Engineer; or alternatively, 150 percent a
5 of the price of a binding contract for the restoration work required by subsection (b)(2-�) 0.
6 of this Section, entered into with a contractor qualified to perform such work.
7 b. One-hundred percent of the estimated cost, as estimated by the Building Official, of
8 performing the restoration work described in subsections (b)(3-2) and (b)(4-3) of this -�
9 Section; or, alternatively, 150 percent of the price of a binding contract for the restoration
10 work described in subsections (b)(3-2) and (4-3) of this Section, entered into with a state
11 licensed landscape architect.
0
12 (2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and 0
13 the County Attorney. The guarantee shall be payable to the county in the amount of the
0
14 estimated total cost for restoration work as calculated in subsection (e)(1) of this Section, and
15 enforceable, on or beyond a date 36 months from the date of the permit issued for the
16 restoration work. Release of any guarantee shall be conditioned upon final approval by the 0
17 County Biologist of the restoration work as stipulated in subsection (c)(2) of this Section. co
18
19 (3) Default. All guarantees shall provide that if the permit holder failed to complete required
20 restoration work in accordance with the restoration site plan and failed to comply with the
21 requirements of subsection (c)(2) of this Section, the Planning Director in consultation with 0
22 the County Attorney, may take the following action: inform the guarantee company in writing
23 of default by the permit holder and request that it take necessary actions to complete the
24 required improvements. -�
25
26 Sec. 118-12. Shoreline Setback. N
27
28 (b) Principal structures. Principal structures shall be set back as follows: M
co
29
30 (4) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
31 have been altered by the legal placement of fill:
32 a. And where a mangrove fringe of at least ten feet in width occurs across the entire
33 shoreline of the property,principal structures shall be set back at least 30 feet as measured
34 from the MHW line or the landward extent of the mangroves,whichever is farther inland. 0
35 b. And where no mangrove fringe of at least ten feet in width exists, principal structures 0)
36 shall be set back at least 30 feet from the MHW line, provided that native vegetation
37 exists or is planted and maintained in a ten-foot width across the entire shoreline as
38 approved by the County Biologist, and is placed under a grant of conservation easement C
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I running in favor of the County; otherwise the setback shall be 50 feet as measured from
2 the MHW line.
3 C. A Special Approval for Shoreline Setback Deviation may be requested oon infill lots
4 surrounded by significant development where principal structures are set back less than
5 50 feet from mean high water (MHW) or the landward extent of mangroves +The a
6 Planning and Environmental Resources Director may evaluate the community character, 0.
7 the presence or absence of environmental features, and the setbacks on adjacent
8 developed properties within two parcels on either side of proposed development, and
9 may allow principal structures to be set back as far as practicable or in line with adjacent -�
10 principal structures.In no event shall the setback be less than 20 feet. On shorelines where
11 the existing pattern of setback is greater than 30 feet, the greater setback shall apply.
12 * * * c
13
2
14 (f) Enclosed structures and gazebos. No enclosed structures, other than a dock box of five feet or less in r-
15 height, a screened gazebo, and a screen enclosure over a pool or spa, shall be allowed within the
16 shoreline setback. Gazebos must be detached from any principal structure on the parcel. No decks or
17 habitable spaces shall be constructed on the roof of any gazebo. Any individual gazebo within the 0
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18 shoreline setback shall not exceed 200 square feet in area and the highest portion of the roof shall be
19 no more than 12 feet above grade. Screen enclosures over pools shall not exceed 12 feet in height.
20 Multiple gazebos within the shoreline setback shall be a minimum of 10 linear feet from each other.
21
22 * * * c
N
23 (k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted, provided that:
24 L1_Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
25 demonstrated that their purpose is necessary for erosion control. Any attachments to seawalls t
26 or bulkheads, such as davits, cleats, and platforms, or any other elements that constitute
27 docking facilities shall not be allowed except as accessory to a principal use. Seawalls without
28 a principal use may have a cap of up-+eno more than two feet in width -�
29 a doe! . a
30 (4)(2) Existing grade landward of the bulkhead shall be six inches lower than the top of the M
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31 bulkhead.
32 {2}(3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
33 shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads shall 0
34 be permitted only if native vegetation and/or riprap and filter cloth is not a feasible means to
35 control erosion. No new seawalls, bulkheads, or other hardened vertical structures shall be
36 permitted on open water.
37 { }(4) Lawfully eExisting, deteriorated seawalls and bulkheads an ape water- she-elifies may be �
38 repaired and/or replaced and are exempt from the nonsubstantial improvements limitations
39 except on known or potential sea turtle nesting beaches. Repairs and/or replacements must ..
40 maintain the existing footprint to the maximum extent practicable.
41 (4)L5 Whenever feasible, riprap, bulkheads, retaining walls and seawalls should be placed
42 landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
43 aquatic biotic communities shall be preserved to the maximum extent possible. C
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I (-S)L ) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
2 energy and provide substrate for marine organisms.
3 �64(71 No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted
4 on or waterward of any portion of any beach berm complex that is known to be or is potential
5 nesting area for marine turtles as determined by the County Biologist, the state, and/or other
6 appropriate agencies. Within known or potential nesting areas, the County Biologist may, in 0.
7 cooperation with the Florida Department of Environmental Protection, determine that specific 2
8 segments of shorelines have been previously lawfully altered to such a degree that suitable
9 nesting habitat for marine turtles is no longer present. In such cases, the County Biologist in -�
10 cooperation with the Florida Department of Environmental Protection may recommend
11 reasonable measures to restore the nesting habitat.If such measures are not feasible,the setback
12 requirements of this subsection do not apply. Restoration of suitable nesting habitat shall be
13 required for unlawfully altered beaches. U
14 (-7)L ) Beach renourishment projects on open water may be approved only upon a determination 0)
15 by the County Biologist that the project has a valid public purpose that furthers the goals of
16 the Monroe County Comprehensive Plan.
17 04L2 All such projects shall require state and/or federal permits prior to the commencement of
18 development or construction and prior to the issuance of a county `Notice to Proceed.' 0
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19
20 (m) Docking facilities. Docking facilities shall be permitted, provided that:
0
21 (1) Permit. All required permits from the Florida Department of Environmental Protection and
22 Army Corps of Engineers shall be obtained prior to commencement of construction and/or
23 issuance of a County permit or `Notice to Proceed.'
24 (2) Width. Docks shall not exceed ten percent (10%) of the width of the waterbody as measured
25 laterally across the waterbody from the point of mean low water (MLW) of the proposed C
26 location of placement, prior to construction of any dock, to the opposing point of mean low
27 water, prior to construction of any dock. The County Biologist shall use the best available data
28 to determine the point of MLW prior to construction of docks. Along open water shorelines E
29 adjacent to manmade waterways where no breakwater, rip-rap, or structure(s) exists along the
30 outside of the waterway, the opposing point of mean low water shall be measured as the edge M
31 of the lawfully dredged area. co
32 (3) Setback Requirements.No vessel shall be moored or docked or otherwise secured to a mooring
33 facility in such a way that the vessel extends beyond the side property lines (including the
34 property line as extended into the water perpendicular to the shore).
35 a. Davits shall be set back from the side property lines (including the property Yline as
�
36 extended into the water perpendicular to the shore) the same distance as the required
37 principal structure setback on the property or five feet(5ft), whichever is greater, except
38 that one (1) davit support may be located within five feet (5ft) of the property line
39 provided the davit arm is designed to swing to the interior of the property.
40 b. Elevator lifts shall be set back a minimum of 7.5 feet from the side property lines E
41 (including the property line as extended into the water perpendicular to the shore), except
42 that personal watercraft lifts with a maximum capacity of 1,500 pounds shall be set back
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I a minimum of five (5) feet from the side property lines (including the property line as
2 extended into the water perpendicular to the shore).
3 C. Floating boat lifts and vessel platforms shall be set back from the side property lines
4 (including the property line as extended into the water perpendicular to the shore) a
5 minimum of 10 feet, if installed laterally and a minimum of five (5) feet, if installed a
6 perpendicular to the shoreline, so as not to create a navigational hazard. 0.
7 d. 4-post hoists/cradle lifts shall be permitted on parcels that are a minimum of 70 feet wide 2
8 and are located on manmade waterways that are 60 feet wide or greater. 4-post
9 hoists/cradle lifts shall be set back a minimum of 7.5 feet from the side property lines -�
10 (including the property line as extended into the water perpendicular to the shore). 4-post
11 hoists/cradle lifts shall also be permitted on parcels located on open water shorelines(not
12 adjacent to manmade canals, channels, or basins), and if installed perpendicular to the
13 shoreline shall be set back a minimum of five (5) feet from the side property lines
14 (including the property line as extended into the water perpendicular to the shore).
0
0
15
16 (6) Required conditions. Any docking facility shall meet the following conditions: 0
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17 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
18 (recycled plastic, concrete, greenheart) or be wrapped with impermeable plastic or PVC 0
19 sleeves. Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter
t�
20 thickness and shall extend from at least 6 inches below the level of the substrate to at least c
21 2 feet above the mean high water line.
22 a-b_Docking facilities that do not terminate over seagrass beds or hardbottom communities a
23 must have at least four feet(4ft) of water depth at MLW at the terminal end of the docking a
24 facility, and continuous access to open water. A benthic survey shall be submitted to a)
25 document the presence or absence of seagrass beds and/or hardbottom communities;
26 b-C_A docking facility that extends across a full ten percent of the width of any body of water
27 may terminate in water less than four feet Oft at MLW if this water depth occurs within
28 five horizontal feet of the terminal end of the docking facility such that the centerline of an E
29 average vessel will rest in water of adequate depth, and continuous access to open water is
30 available; M
31 c—.d_Docking facilities may be developed on the shoreline of lots in a subdivision that wasCo
32 approved before September 15, 1986,if the docking facility is located in a channel or canal
33 that was dredged before September 15, 1986, and if there is a MLW depth of at least four
34 feet Oft at the terminal end of the docking facility. Such docks shall not exceed ten percent
35 of the width of the channel or canal; and
36 4-.e.Docking facilities that terminate over seagrass beds or hardbottom communities may only
37 be permitted when the water depth at the terminal platform is at least four feet Oft above
38 the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms at MLW
39 and continuous access to open water of navigable depth is available. The height of pier
40 type docks over benthic biological resources shall be a minimum of 5 feet above mean high
41 water (MHW) as measured from the top surface of the decking, and the total size of the E
42 platform shall be limited to 160 square feet. The configuration of the platform shall be a
43 maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot
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I height requirement, a 3 feet by 20 feet section may be placed 3 feet above MHW to
2 facilitate boat access. A benthic survey shall be submitted to document the presence or
3 absence of seagrass beds and/or hardbottom communities. A bathymetric survey shall be
4 submitted to document the water depth at the terminal end of the pier and/or platform and
5 to ensure that continuous access to open water of navigable depth is available. All such
6 projects shall require approval by the Florida Department of Environmental Protection and 0.
7 the U.S. Army Corps of Engineers prior to commencement of construction or issuance of
8 a County `Notice to Proceed.'
9
10 (13) Marginal docks. On shorelines landward of a seawall,revetment or manmade canal or channel,
11 a dock may run the entire length of the shoreline, parallel to the water's edge, provided that: t�
12 a. The dock shall not exceed eight (8) feet in width or ten percent of the width of the 0
13 waterbody as required in Section 118-12(m)(2), whichever is less,
14 a-b_The landward edge of the dock is located entirely on the upland shoreline and no walkway
15 is needed to provide access to the dock; 0
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16 b-C_All portions of the dock that extend over submerged lands are cantilever beam or pile
17 supported;
18 e—d_The dock is located so as to avoid or minimize covering or impacting wetland vegetation
19 or a mangrove fringe of more than ten (10)feet in width;
20 4-e_No 4-post hoists/cradle lifts shall be permitted on marginal docks located on altered 0
21 shorelines adjacent to manmade canals, channels, and basins, unless located in a cut-in
22 slip, or on a lot having a minimum of 70 feet of shoreline and where such manmade canal
23 channel, or basin has a minimum width of 60 feet, as measured from MLW to MLW a
24 prior to construction.
E
25 (14) T-style docks. Any dock with a walkway perpendicular to the shoreline, such as a "T" or "L"
26 dock, shall be designed as follows:
27 a. The portion of the dock parallel to the shoreline (whether floating or stationary) may run a
28 the entire shoreline length of the parcel and shall not exceed eight (8) feet in width or M
29 ten percent of the width of the waterbody as required in subsection (m)(2), whichever isco
30 less.
31 b. The dock and walkway shall be located so as to avoid or minimize covering wetland
32 vegetation or mangroves.
33 C. The walkway connecting the dock to the shore shall not exceed four feet in width. One
34 such walkway shall be allowed for every 100 feet of shoreline length or fraction thereof
35 (for example, 75 feet of shoreline may have one walkway and 101 feet of shoreline may
36 have two).
37 d. Where a mangrove fringe of more than ten(10)feet in width or wetland vegetation exists
38 along the shoreline and a "T" or "L" style dock would extend over more than ten percent
39 of the width of the waterbody, the County Biologist will coordinate with the Florida E
40 Department of Environmental Protection and the U.S. Army Corps of Engineers to
41 evaluate an alternative design. Such alternative design shall only have the minimum
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I deviations from this subsection to address this unique situation.
2 mar-e than ten (10)feet in width will be r-emoved, the deek shall fiat e�Etefid more tha
3 On shorelines exceeding 100 feet in length, one such dock shall
4 be allowed for every 100 feet of shoreline.
5 (15) Pier type docks. Pier type docks shall be permitted provided that: 0.
c
6 a. Such structures are oriented approximately perpendicular to the shoreline;
7 b. Such structures are located in an existing break in the mangroves or shoreline vegetation; -�
8 however, if no such break exists, a walkway no more than four(4) feet in width, may be
9 cut through the mangroves or shoreline vegetation;
10 C. Such structures are located such that no portion of the dock (including the terminal
11 platform and mooring facilities) is less than five (5) feet from the side property lines as
12 extended into the water perpendicular to the shore;
13 d. Such structures do not exceed four (4) feet in width, except for a terminal platform, as r_
0
14 allowed by subsection (m)(15)f,
15 e. Such structures are no longer than twice the linear shoreline frontage of the parcel or 100
16 feet, whichever is less. For purposes of this subsection (m)(15)e., dock length shall be 0
17 measured from MLW out to the waterward extension of the dock. A special exceptionco
18 may be granted by the Planning and Environmental Resources Director to allow the
19 minimum relaxation of this length restriction as is necessary to provide the upland owner
20 with access to adequate water depths specified for docking facilities. Such special
21 exceptions shall only be granted based on a written determination that, among other c
22 criteria, the proposed dock will not be inconsistent with community character, will not
23 interfere with public recreational uses in or on adjacent waters, and will pose no
24 navigational or safety hazard. At least 30 calendar days prior to the issuance of a county -�
25 permit issued under such a special exception,the Planning and Environmental Resources W
26 Director shall ensure that shoreline property owners within 300 feet of the subject parcel <
27 are notified by regular mail of the proposed special exception in order to allow an y
28 opportunity for appeal; and
29 f. If proposed, the terminal platform is no wider than eight (8) feet in one dimension and E
30 does not exceed a total of 160 square feet in area. The terminal platform shall be
31 constructed of grated materials to allow the maximum amount of sunlight infiltration to E
32 the water under the platform. The terminal platform may include stairways for swimming co
33 access, provided that all stairways are contained within the square footage allowed for
34 the terminal platform. The terminal platform may include a non-enclosed gazebo that
35 does not exceed 100 square feet in area and the highest portion of the roof shall be no
36 more than 12 feet above the decking or terminal platform level.
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37 (n) Water access structures. The following specific types of structures, or portions thereof, extending
38 over mangroves,wetlands, or submerged lands, shall be permitted only on shorelines of water bodies
39 other than manmade canals, channels, and basins. All required permits from the Florida Department
40 of Environmental Protection and the Army Corps of Engineers shall be obtained prior to
41 commencement of construction or issuance of a County `Notice to Proceed.' E
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1 (1) Water access walkways. Water access walkways shall be permitted provided that such
2 structures are:
0
3 a. Oriented approximately perpendicular to the shoreline;
4 b. Designed to terminate in water no deeper than twelve (12) inches at MLW or extend
5 farther than ten feet from the waterward extent of mangroves; 0.
6 C. Designed so that the decking is elevated at least two (2) feet above MHW, except fora 2
7 ramp or stair section at the waterward end which must be limited to no more than ten(10)
8 foot long; -�
9 d. Do not exceed four(4)feet in width and do not include a terminal platform or gazebo or M
10 roof structures;
11 e. Designated by signs of at least one square foot each to be placed on each side of the
12 structure that states "No Mooring of Motorized Vessels Allowed"; and
13 f. Designed not to terminate over seagrasses or hardbottom communities. 0
0
14 (2) Water observation platforms. Water observations platforms shall be permitted provided that
15 such structures are:
0
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16 a. Oriented approximately perpendicular to the shoreline;
17 b. Designed to terminate in water no deeper than six (6) inches at MLW or begin the
18 terminal platform no farther than ten (10) feet beyond the waterward extent of
19 mangroves;
20 C. Designed so that the top of the decking,including the terminal platform,must be elevated c
21 at least five (5) feet above MHW, except for a ladder or steps that may be added for 4
22 swimming access only in the absence of seagrasses or hardbottom communities; a
23 d. Designed with a terminal platform that does not exceed 160 square feet, inclusive of any
24 steps or ladder. The terminal platform shall be constructed of grated materials to allow 0)
25 the maximum amount of sunlight infiltration to the water under the platform. The <
W
26 terminal platform may include a non-enclosed gazebo that does not exceed 100 square N
27 feet in area and the highest portion of the roof shall be no more than 12 feet above the
28 decking or terminal platform level; and E
29 e. Shall be designed with handrails and designated by signs of at least one square foot each
30 to be placed on each side of the structure that states "No Mooring of Motorized Vessels E
31 Allowed." co
32 (o) Special approvals.
33 (1) For accessory structures serving commercial uses, public uses, or more than three dwelling
34 units, the Planning and Environmental Resources Director or the Planning Commission may U
35 approve deviations from the requirements of the subsection above as part of a minor or major
36 conditional use permit. Such approval may include additional structures or uses, provided that
37 such approval is consistent with any permitted uses, densities, and intensities of the land use
38 (zoning) district, furthers the purposes of this Section, is consistent with the general standards
39 applicable to all uses, and the proposed structures are located in a disturbed area of an altered E
40 shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways,
41 public monuments or statues, informational kiosks, fuel or septic facilities, and water-
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I dependent marina uses. Any such development shall make adequate provision for a water
2 quality monitoring program for a period of five (5) years after the completion of the
3 development.
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4 (2) For accessory structures serving three or fewer dwelling units the Planning and Environmental 0)
5 Resources Director may approve designs that address unique circumstances such as odd shaped 0.
6 lots or shorelines, even if such designs are inconsistent with the above standards. Such approval
7 may be granted only upon the Planning Director's written concurrence with the applicant's
8 written finding that the proposed design furthers the purpose of this Section and the goals of -�
9 the Monroe County Comprehensive Plan. Only the minimum possible deviation from the M
10 above standards will be allowed in order to address the unique circumstances. No such special
11 approval will be available for after-the-fact permits submitted to remedy a code enforcement
0
12 violation.
13 * * * r_
0
14 (p) Requirements for marine turtle nesting areas. Notwithstanding the provisions of subsection (o) of
15 this Section, no development other than pile-supported docks and walkways designed to minimize 0
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16 adverse impacts on marine turtles shall be allowed within 50 feet of any portion of any beach berm
17 complex that is known to be or is a potential nesting area for marine turtles. Beaches known to serve
18 as nesting areas for marine turtles are those areas documented as such on the County's threatened
19 and endangered species maps and any areas for which nesting or nesting attempts ("crawls") have
t�
20 been otherwise documented. Any development shall comply with Sections 12-114 through 12-120. 0
N
21 (1) The 50-foot setback shall be measured from either the landward toe of the most landward beach a
22 berm or from 50 feet landward of MHW, whichever is less. The maximum total setback shall a
23 be 100 feet from MHW.
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24
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2
3 (2) Within known or potential nesting areas for marine turtles, as determined by the County co
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4 Biologist, the state, and/or other appropriate agencies, the County Biologist may, in
5 cooperation with other appropriate agencies, determine in writing that specific segments of
6 shorelines have been previously lawfully altered to such a degree that suitable nesting habitat
t�
7 for marine turtles is no longer present. In such cases, the County Biologist in cooperation with 0
8 the Florida Department of Environmental Protection may recommend reasonable measures to
9 restore the nesting habitat. If such measures are not feasible, the specific requirements of this E
10 subsection do not apply.Restoration of suitable nesting habitat shall be required for unlawfully r-
11 altered beaches. E
�t
12 (3) Any such dock or walkway shall be designed to the following criteria to minimize adverse
13 impacts on marine turtles: E
14 a. The structure shall have a minimum horizontal distance of four (4) feet between pilings E
15 or other upright members. co
16 b. The structure shall have a minimum clearance of two (2) feet above grade.
17 C. If stairs or a ramp with less than the minimum two (2) feet clearance above grade is
18 required, such stairs or ramp shall be enclosed with vertical barriers no greater than two
19 (2)inches apart.
20 (4) All outdoor and indoor artificial lighting complies with Sections 12-116 and 12-117.
21
22
23 Section 3. Construction and Interpretation. This ordinance and its interpretation shall be
24 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
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I policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County
2 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
3 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this
4 ordinance shall be liberally construed and enforced in favor of Monroe County to effectuate its public
5 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such
6 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, 0.
7 at trial, bankruptcy, and on appeal. 2
8
9 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to -�
10 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
11 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
12 liability.
13 U
14 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is 0)
15 held to be invalid or unenforceable by any administrative hearing officer or court of competent
16 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall 2
17 neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance,
18 or any remaining part(s)or portion(s)thereof All other provisions of this ordinance, and remaining part(s) 0
19 or portion(s)thereof, shall continue unimpaired in full force and effect. co
20
21 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
22 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
23 repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 0
24 4
25 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
26 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
27 a
28 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the
29 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida State y
30 Land Planning Agency or Administration Commission finding the amendment in compliance with
31 Chapter 163, F.S., and if challenged until such challenge is resolved. E
32
33 Section 9. Inclusion in the Land Development Code. The amendment shall be E
34 incorporated in the Monroe County Land Development Code. The numbering of the foregoing co
35 amendment may be renumbered to conform to the numbering in the Monroe County Land Development
36 Code.
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
39 at a regular meeting held on the day of , 2021.
40
41 Mayor Michelle Coldiron =�
42 Mayor Pro Tem David Rice 0
43 Commissioner Craig Cates
44 Commissioner Eddie Martinez E
45 Commissioner Mike Forster
46
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1
2 BOARD OF COUNTY COMMISSIONERS
3 OF MONROE COUNTY, FLORIDA
4
5
6 By: 0.
7 Mayor Michelle Coldiron
8
9 (SEAL)
10
APPTOW TO FORM
11 ATTEST: KEVIN MADOK, CLERK
12 � -
13
14 PETER MORRIS 2
15 As Deputy Clerk ASSISTANT COUNTY
16 8/31/21
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0
2 i,i fr S{ti r
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4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11 0
12 From: Michael Roberts, CEP; PWS; CFM; Assistant Director—Environmental Resources W
13
14 Date: August 12, 2021 2
15
16 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
17 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT co
18 CODE CHAPTER 118 TO ELIMINATE REDUNDANT OR OBSOLETE TEXT,
19 REFINE CODE LANGUAGE TO BETTER CLARIFY REGULATORY INTENT FOR
20 THE BENEFIT OF THE REGULATED COMMUNITY AND COUNTY STAFF,AND
21 TO UPDATE LISTS OF SPECIES; PROVIDING FOR SEVERABIL,ITY;
22 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
23 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
24 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND E
25 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
26 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-184) E
27 Meeting: September 15, 2021
N
28
29 I. REQUEST
30
31 Amendments to the Monroe County Land Development Code were adopted in April, 2016 and became E
32 effective in February 2017. Upon implementation, the Planning and Environmental Resources co
33 Department has identified certain sections of the amended Code that require revision for purposes of
34 clarity or to better further the Goals, Objectives and Policies of the Comprehensive Plan.
35
36 IL BACKGROUND INFORMATION
37
0
0.
38 The Monroe County Board of County Commissioners adopted updates to the Land Development Code
39 (Ordinance 006-2016) at a special meeting on April 16, 2016.
40
41 Since adoption of the 2016 Code,the Planning and Environmental Resources staff has identified sections
co
42 of Chapter 118 that contain redundant or obsolete text, as well as sections where it is necessary to refine
43 code language to better clarify regulatory intent for the benefit of the regulated community and county
44 staff and the need to update lists of species and correct scrivener's errors throughout the Chapter.
45
46 Beyond the relatively minor changes proposed to address the issues identified above, the amendment E
47 also proposes specific habitat restoration standards for illegal clearing violations, in an effort to add U
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I consistency and predictability to restoration permit reviews based on researched biological standards.
2 0
3 Changes to dock construction standards are also included, specifically the prohibition of CCA-leaching
4 materials for pilings, or wrapping of such materials to protect our nearshore waters from harmful 0)
5 chemicals, and requirements for grated decking and minimum height above benthic resources to allow 0
6 maximum sunlight to reach the resources below.
7
8 Community Meeting and Public Participation
9 In accordance with LDC Section 102-159(b)(3),Community Meetings were held virtually on September
10 23, 2020 and November 4, 2020 to provide for public input. There were 24 attendees, inclusive of nine
11 County staff members at the 9/23 meeting. Based on public input during and subsequent to the
12 Community Meeting, a second Community Meeting was held on November 4, 2020. Attendance at this is
13 meeting consisted of twelve members of the public and eight staff members. 0)
14 0
15 Members of the public provided comments at both meetings and via e-mail
16
17 Development Review Committee 0
18co
19 On March 23,2021 the Development Review Committee(DRC)held a virtual public meeting to review
20 the proposed amendments and receive public input.
21
22 Public Input c
23
24 Public comment received in the community meetings and DRC included the following comments:
25
26 • Issues of 4 post boat lifts in boat basins
27 • Is there scientific evidence that wrapping the pilings reduces toxins from leaching? t
28 • There were some comments questioning the scientific basis of requiring CCA treated pilings toch
29 be treated and claims of"junk science".
E
30
31 Staff is not aware of data reflecting the effectiveness of wrapping or substitute materials. There
32 is published,peer-reviewed research on the negative impacts of CCA treated pilings in the co
33 marine environment. The only published studies that staff found that refuted the negative
34 impacts of CCA leachate to the marine environment were studies published in trade journals for
35 the lumber industry.
36
37 • What happens if one piling is replaced? Does the whole dock become nonconforming?
38 • Any other types of besides wood wrapped pilings? Are other materials allowed besides wood?
39 • Does all wood piling have to be "wrapped"?
40 Staff has not provided specific criteria—however the intent is that new pilings be compliant. If U)
41 the proposed work does not constitute substantial improvement, only the new work would be co
42 required to meet current Code requirements. Only CCA treated pilings are of concern,pilings
43 not containing chromated copper-arsenic are not required to be wrapped
44
45 • When do these changes become effective? E
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I Upon adoption by the BOCC following review by the Florida Department of Economic
2 Opportunity (DEO).
3
4 • Consider changing 4 foot depth requirements because it forces the docks out so far. 4 ft rule is E
5 an arbitrary number.; 3 feet might be just as good. c
6 The four foot above MLW criteria and the restriction on maintenance dredging that impacts
7 seagrasses are both established in the Comprehensive Plan and revising these Codes would -�
8 require amendments to the Comprehensive Plan.
9
10 • Special approvals —what does this apply to? All of 118? All of the dock section? This should 0
11 include the whole chapter.
12 Special approvals under Section 118-12(o) apply to all of Section 118-12 (Shoreline Setbacks),
13 not the entire Chapter.
14
15 • Conservation Easements —does the addition of a deck(or accessory structure)require a 0
co
16 conservation easement?
17 Accessory structures that impact native upland habitat may trigger the necessity for recording a
18 Conservation Easement.
19 0
20
21 Plannin2 Commission
22 On April 28, 2021,the Planning Commission held a public hearing for review and recommendation
23 on the proposed amendment and to receive public input.
24 <
25 At the hearing the Planning Commission requested that staff review the proposed amendment
26 language for subsection 118-10(m)(6)e.,requiring that, "the height of pier type docks and piers over
27 benthic biological resources shall be a minimum of 5 feet above mean high water as measured from -�
28 the top surface of the decking," to determine if such elevation is already required by the United
29 States Army Corps of Engineers (USACE), and based on findings make one of the following M
co
30 changes to the proposed amendment:
31 1. If USACE already has such a requirement, remove the proposed language and allow
32 USACE to enforce the regulation; or
33 2. If USACE does not have such a requirement, revise the proposed language to allow pier
34 type docks to be only two feet above mean high water if made of grated materials, in order to
35 facilitate boat access. 0
36
37 Staff found that USACE's current guidelines do require that docks be at least 5 feet above mean
38 high water, but may allow a step down area of the terminal platform to facilitate boat access, with U)
39 certain size limitations, as documented in the"Construction Guidelines in Florida for Minor Piling- co
40 Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
41 Mangrove Habitat" U.S. Army Corps of Engineers/National Marine Fisheries Service, November
42 2017, as published on the USACE Jacksonville District Website.
43
44 Based on this finding,the proposed amendment language requiring that pier type docks be elevated
45 at least 5 feet above mean high water is considered unnecessary in the opinion of the Planning
e(
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I Commission. The Planning Commission therefore recommended approval of the amendments as
2 proposed by staff, with the exception of the 5-foot height requirement for pier type docks over c
c,
3 benthic resources (Planning Commission Resolution P09-21).
4
E
5 Despite the Planning Commission recommendation, staff still considers inclusion in the county 0
6 regulations of a height requirement for pier type docks over benthic resources important to the
7 protection of our natural resources. Staff is therefore recommending that the following language,
8 which is consistent with the USACE requirements, be included in the amendment:
9
10 "...The height of pier type docks over benthic biological resources shall be a
11 minimum of 5 feet above mean high water (MHW) as measured from the top
12 surface of the decking, and the total size of the platform shall be limited to 160
13 square feet. The configuration of the platform shall be a maximum of 8 feet by 20 2
14 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot height 0
15 requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to
16 facilitate boat access..."
17 c
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18 Previous County Action
19 On September 2, 2015 the BOCC held public hearings to review and discuss proposed amendments to
20 the Land Development Code to be consistent with the transmitted Monroe County Year 2030
21 Comprehensive Plan, the results of the Comprehensive Plan Technical Document update, the adopted
22 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter.
23 Chapters reviewed at the September hearing included, among others, 114 Development Standards; and
24 118 Environmental Protection.
E
25
26 On March 1,2016,at a special public meeting,the BOCC held the first of two public hearings to consider E
27 adoption of the Monroe County 2030 Comprehensive Plan and the proposed amendments to the Land
28 Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan.
29
30 On April 13, 2016 at a special public meeting, the Monroe County Board of County Commissioners a
31 adopted Ordinance No. 006-2016, amending the Land Development Code to be consistent with the 0)
32 transmitted Monroe County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan M
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33 Technical Document update,the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation
34 and Appraisal Notification Letter.
35
36 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
37
38 "The full text of the proposed amendments is included in the proposed Ordinance, attached to 0
39 this staff report. Only a subset, which includes the most substantive amendments, beyond W
40 clarifications and corrections,is detailed below:
41 Sec. 118-11. Environmental Restoration Standards. co
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42 (a) In the event any land clearing is occurring on a site and such clearing is outside the scope of anyCD
43 permit issued or for which no permit was issued, the Building Official or other authorized County
44 official shall issue a stop work order. If any land clearing has occurred for which no permit has E
45 been issued or which is beyond the scope of an issued permit, such activity shall be subject to code
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I enforcement proceedings under Chapter 8. Except for issuance of an approved after-the-fact permit
2 for restoration, the stop work order shall remain in effect and no application for a building permit c
U
3 shall be processed or issued for the site until the violation for unlawful land clearing is corrected
4 pursuant to subsection (b) of this Section.
5
c
6 (b) A land clearing violation is corrected if all of the following conditions are met in accordance with
7 a restoration site plan approved by the County Biologist:
8 (1) Submission of a restoration plan and site plan showing the location of the restoration
9 plantings.
0
10 (-I-)(2) The site shall be restored to its pre-violation grade.
11 Native canopy trees, understory and shrubs on the unlawfully cleared site shall be 0
12 replaced with native plant species as appropriate andAll a+ii,e t+ees,-s13t-abs,-
13
14
15 rate to *he t rla f i' ,lea-i as determined by the County Biologist. Two canopy c
CO
16 and four understory trees will be required per 100 square feet of impact. A lesser density of
17 required trees and/or substituting shrubs for understory may be permitted at the discretion of
18 the County Biologist based upon written findings that the reduction is necessary. The
19 replanted canopy, understory and shrubs must be distributed evenly throughout the U
20 restoration area(s) and may not be clustered in any one location. Canopy trees shall have a
21 minimum of three inches in diameter at breast height (DBH) or be at least ten feet tall,
22 understory shall be a minimum of five feet tall. °i
23
24 03
25 .�
26
27 she r,tm, Biologist Fe ,,,-,ales fpFe a mi e
28 { (4)
29 aFe at weFtml-aw ft l�eleaFedThe species composition of the restoration plan shall
30 consist of a minimum of 20 percent of the species listed as endangered, threatened, or M
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31 regionally important.
32 (4)(5) The restoration work to correct the land clearing violation shall be deemed complete after
33 four passed inspections by the County Biologist. An initial restoration planting inspection is
34 required immediately after the installation of the replacement plants and inspections are
35 required annually for two years after the passed initial planting inspection. A final inspection
36 is required at the end of the third year after the initial planting _inspection. A final inspection inspection. A final inspection 0
37 may only be approved provided that three consecutive inspections as described in this section
38 have been approved.
39 v)
40 CO
41
42
43 Bit
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I (c) Any violation for land clearing that has been corrected pursuant to subsection (b) of this section
2 shall be subject to the following additional conditions to ensure the growth and viability of the c
t�
3 restored habitat:
a�
4 (1) 0
5 restoration site pla , The restoration area(s) shall be maintained free from all invasive exotic
6 plant species
8 (2) At least 80 percent of the trees replaced, as described in subsection (b)(3-4-2) of this Section,
9 shall be viable at the end of a three-year period from the date of the €first inspection of
10 the restoration work. Dead or dying trees may be replaced, subject to prior approval by the
11 County Biologist, during the three-year period in order to ensure the 80 percent minimum is
12 met at the end of three years. 0
13 0
14 . The County Biologist may direct that dead or dying trees be replaced
15 as he or she deems necessary to ensure the 80 percent standard will be met at the end of the
16 three years. c
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17 (d) Failure to meet the conditions of subsection (c) of this Section shall be considered a violation of
18 this Land Development Code and subject to code enforcement proceedings under chapter 8.
19 Staff has proposed a"2 canopy +4 understory per 100 square feet of impact" standard for restoration of
20 land clearing violations, based on research of hardwood hammock composition typical and appropriate
21 for the Florida Keys.An option for a reduction of this density is included with County Biologist approval E
22 (the County Biologist is currently Michael Roberts,the Assistant Director for Environmental Resources)
23 to acknowledge that in some cases there is sound evidence to support the lesser density. E
24 This specification will assist in the review of restoration permits and give property owners an predictable �--
N
25 standard. �
26 E
27 Sec. 118-12. Shoreline Setback. E
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28 ...
29 (m)Docking facilities. Docking facilities shall be permitted,provided that:
c,
30 ...
0
31 (6) Required conditions. Any docking facility shall meet the following conditions:
32 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
CO
33 (recycled plastic, concrete, greenheart) or be wrapped with impermeable plastic or PVC
34 sleeves. Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter
35 thickness and shall extend from at least 6 inches below the level of the substrate to at least N
36 2 feet above the mean high water line.
37
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I A requirement that pilings associated with the construction of any dock be non-CCA-leaching(recycled
2 plastic, concrete, greenheart) or be wrapped with impermeable plastic or PVC sleeves is proposed. This
3 is important to eliminate harmful chemicals from entering our nearshore waters.
a�
4 e. Docking facilities that terminate over seagrass beds or hardbottom communities may only 0
5 be permitted when the water depth at the terminal platform is at least four feet Oft above
6 the top of all seagrasses, corals,macro algae, sponges, or other sessile organisms at MLW
7 and continuous access to open water of navigable depth is available. The height_ of pier
8 type docks over benthic biological resources shall be a minimum of 5 feet above mean
9 high water(MHW) as measured from the top surface of the decking, and the total size of
10 the platform shall be limited to 160 square feet. The configuration of the platform shall 0
11 be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the
12 5-foot height requirement, a 3 feet by 20 feet section may be placed 3 feet above MHW
13 to facilitate boat access. A benthic survey shall be submitted to document the presence or 0
14 absence of seagrass beds and/or hardbottom communities. A bathymetric survey shall be 0)
15 submitted to document the water depth at the terminal end of the pier and/or platform and
16 to ensure that continuous access to open water of navigable depth is available. All such CO
17 projects shall require approval by the Florida Department of Environmental Protection
18 and the U.S. Army Corps of Engineers prior to commencement of construction or
19 issuance of a County `Notice to Proceed.'
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0
20 The United States Army Corps of Engineers' (USACE), current guidelines require that docks over 4
21 benthic resources be at least 5 feet above mean high water, but may allow a step down area of the
22 terminal platform to facilitate boat access, with certain size limitations, as documented in the E
23 "Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
24 Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" U.S. Army Corps of
25 Engineers/National Marine Fisheries Service, November 2017, as published on the USACE
26 Jacksonville District Website. An excerpt is shown below:
27 E
28
CO
arps
Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in cJ
or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat
U.S. Army Corps of Engineers/.National 1larine Fisheries Service
November 2017
Submerged Aquatic Vegetation: ¢'
1_ Avoidance. The piling-suppoorted structure shall be aligned so as to minimize the size of the footprint over SAV beds. �
?. The height of piling-supported structure shall be a nnuinuum of 5 feet above'A 11W,C1I4W as ineasan•ed from the top
surface of the decking.
29
30 ... E
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5.a. If possible..ternrrrral platforrras shall be placed in deep water,waterwar°d of SAV beds or in pan area devoid of SAV
beds. 0
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b. If a tenrinial platform is placed over S IV areas and constructed of grated decking,the total size of the platform shall �
be limited to 160 square feet. The gated deck material shall conform to, the specifications stipulated below. The E
configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to 2
the 5-foot height rerlarirement;a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The
lon axis of the platform should be ralig_raed in a north-south direction to the maxirrrurn eNterrt that is practicable.
2 ...
3
4 Even considering the requirement already exists by an outside agency, staff still considers inclusion in
5 the county regulations of a height requirement for pier type docks over benthic resources
6 important to the protection of our natural resources. Staff is recommending that the requirement be 0
7 included, and be consistent with the USACE requirements. 0
8
9
10 Again, the full text of the proposed amendments is included in the proposed Ordinance, attached 0
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11 to this staff report. The items above represent only a subset, which includes the most substantive
12 amendments. u
13
14
15 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
16
17 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- E
18 158(d)(7)(b):
19 E
20 1. Changed projections (e.g., regarding public service needs) from those on which the text or
21 boundary was based;
22 N/A
23
24 2. Changed assumptions (e.g., regarding demographic trends);
25 N/A M
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26
27 3. Data errors, including errors in mapping, vegetative types and natural features described in
28 volume 1 of the plan;
29 N/A
30
31 4. New issues; 0
32 N/A
33
34 5. Recognition of a need for additional detail or comprehensiveness; or U)
35 co
36 The proposed amendments eliminate redundant or obsolete text,refine code language to better
37 clarify regulatory intent for the benefit of the regulated community and county staff and to
38 strengthen environmental protection in certain areas.
39
40 6. Data updates;
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I N/A w
2
3
4 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE0.
03
5 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
6
7 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
8 County 2030 Comprehensive Plan. Specifically,it furthers:
9
10 Policy 202.4.1
11 Monroe County shall support state and federal policies and regulations concerning the 0
12 permitting of dredge and fill activity, except in those instances where more stringent
13 regulations adopted by Monroe County shall be maintained. [§l63.3177(6)d.2.b., F.S;
14 §163.3177(6)d.2.e., F.S.]
15
16 Policy 203.1.1
17 The open space requirement for mangrove wetlands shall be one hundred (100)percent. co
18 No fill or structures shall be permitted in mangrove wetlands except for elevated, pile-
19 supported walkways, docks, piers and utility pilings. [§163.3177(6)d.2.d., F.S.;
20 §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.]
21
22 Policy 203.1.2
23 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be a
24 maintained as an open space buffer for development occurring adjacent to all types of E
25 wetlands except for tidally inundated mangrove fringes and as provided for in Policy
26 204.2.3, 204.2.4 and 204.2.5. If a 50-foot setback results in less than 2,000 square feet E
27 of principal structure footprint of reasonable configuration, then the setback may be
28 reduced to allow for 2,000 square feet of principal structure footprint of reasonable
29 configuration,provided that the setback is not reduced to less than twenty-five (25) feet. E
30 On properties classified as scarified adjacent to wetlands, the wetland setback may be
31 reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is E
32 managed in accordance with County regulations approved by the County Biologist and is co
33 placed under conservation easement. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.;
34 §163.3177(6)d.2.j., F.S.]
35
36 Policy 203.3.2
37 Monroe County shall continue to protect,preserve, and enhance the coral reefs and other
38 hardbottom communities through its land development regulations which address water 0.
0
39 quality (See Conservation and Coastal Management Element Goal 202 and related
40 objectives and policies), including efforts to:
41 1. limit the location of water-dependent activities to locations that will not have a v)
�r
42 significant adverse impact on the offshore resources of hard coral bottoms and other co
co
43 hardbottom communities;
44 2. control and regulate land and water activities in the vicinity of coral and other N
45 hardbottom communities as identified in the Florida Keys Coastal Management Study
46 in an effort to arrest further deterioration; and E
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1 3. include the strategies identified in the Florida Keys National Marine Sanctuary
2 Revised Management Plan. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; c
c,
3 §163.3177(6)d.2.f., F.S.]
4
E
5 Policy 203.5.1 0
6 Monroe County shall maintain criteria for marina siting which shall meet or exceed state
7 standards. (See Objective 212.3 and related policies.) [§163.3177(6)d.2.b., F.S.;
8 §163.3177(6)d.2.e., F.S.;§163.3177(6)d.2.i., F.S.]
9
10 Policy 203.5.2
11 Monroe County shall maintain a plan for mooring buoy sites, including:
12
13 1. live-aboard mooring sites (See Policy 202.3.4); and 2
14 0
15 2. short-term recreational mooring sites.
16
17 Identification of mooring sites shall be undertaken in coordination with NOAA and c
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18 FDEP, and shall be consistent with recommendations of the Florida Keys National
19 Marine Sanctuary Management Plan. [§163.3177(6)d.2.b., F.S.; §163.3177(6)d.2.e.,
20 F.S.;§163.3177(6)d.2.i., F.S.]
21
22 Policy 204.2.1
23 Monroe County shall utilize the Wetlands Evaluation Procedure(KEYWEP)to determine 4
24 the functional capacity of wetlands and Uniform Mitigation Assessment Method W
25 (UMAM) to determine mitigation requirements for impacts to wetlands.
26 [§163.3177(6)d.2.j., F.S.; §163.3177(6)d.2.k., F.S.] E
27 <
28 Policy 204.2.2
29 To protect submerged lands and wetlands, the open space requirement shall be 100 a
30 percent of the following types of wetlands:
31 1. submerged lands;
32 2. mangroves; cu
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33 3. salt ponds;
34 4. freshwater wetlands;
35 5. freshwater ponds; and
36 6. undisturbed salt marsh and buttonwood wetlands.
37
38 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and 0
39 undisturbed salt marsh and buttonwood wetland only for use as transferable development
40 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and
41 mangroves shall not be assigned any density or intensity. Within one (1) year after the v)
42 adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a co
43 prohibition of development in salt ponds. [§163.3177(6)d.2.j., F.S.; §163.3177(6)d.2.k.,
44 F.S.] N
45
46 Policy 204.2.3
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I No structures shall be permitted in submerged lands, mangroves, salt ponds, or wetlands
2 except for elevated, pile-supported walkways, docks, piers, and utility pilings. No fill 0
3 shall be permitted in submerged lands, mangroves, salt ponds, or wetlands except;
4
E
5 1. as specifically allowed by Objective 212.5 and subsequent Policies; 0
6
7 2. to fill a manmade excavated water body, such as a canal, boat ramp, or swimming
8 pool if the Director of Environmental Resources determines that such filling will not
9 have a significant adverse impact on marine or wetland communities; or
10
11 3. as needed for shoreline stabilization or beach renourishment projects with a valid
12 public purpose that furthers the goals of the Monroe County Comprehensive Plan, as
13 determined by the County. 2
14 0
15 Policy 204.2.4
16 No fill or structures shall be permitted in mangroves or wetlands except as allowed by
17 Policy 204.2.3 (as amended) and for bridges extending over mangroves or wetlands that 0
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18 are required to provide automobile or pedestrian access to dwelling units located on
19 upland areas within the same property for which there is no alternative means of access.
20 Such bridges shall be elevated on pilings such that the natural movement of water,
21 including volume, rate, and direction of flow shall not be disrupted or altered. Upland
22 areas shall include disturbed wetlands that have been lawfully converted into uplands 0
23 through filling. [§163.3177(6)d.2.j., F.S.; §163.3177(6)d.2.k., F.S.]
24
25 Policy 205.2.13
26 Monroe County shall require, in the Land Development Code, an Existing Conditions
E
27 Report including a vegetation survey for any development that may disturb native upland
28 vegetation. At a minimum the report shall include an analysis of the potential impacts of
29 the proposed development on native upland habitats, a description of the measures a
30 designed to reduce identified adverse impacts including clustering.
31 a
32 Policy 212.2.1 M
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33 Within one (1)year after the adoption of the 2030 Comprehensive Plan, Monroe County
34 shall evaluate the minimum shoreline setbacks currently in use in Monroe County in
35 coordination with DEO, FDEP and FWC. Setbacks shall be identified which will
36 accomplish the following:
37
38 1. protect natural shoreline vegetation; 0
39 2. protect marine turtle nesting beaches;
40 3. protect water quality
41 4. protect structures from the effects of long-term sea level rise; .)
42 5. protect beaches and shorelines from erosion; andco
43 6. allow redevelopment of existing waterfront commercial structures consistent with the
44 existing community character and preserve overwater views.
45
46 Policy 212.2.2 a
47 Within one (1) year after completion of the evaluation in Policy 212.2.1, the existing
48 setbacks in the Land Development Code may be revised as deemed appropriate based
�t
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1 upon findings of this review. The setbacks currently in use may be relaxed only through
2 the Special Approval process in Policy 212.2.4. Existing setbacks are as follows: c
t�
3
4 1. twenty (20) feet from the mean high water (MHW) line of manmade water bodies
5 and/or lawfully altered shorelines of natural water bodies; 0
6 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully
7 altered shorelines, measured from the landward limit of mangroves, if any, and where
8 mangroves do not exist, from the mean high water(MHW) line; and
9 3. fifty (50)feet from any shoreline area which is known to serve as an active nesting( r
10 resting area for marine turtles, crocodiles, terns, gulls and other bird—
II [§163.3178(2)(g), F.S.]
0
12
13 Policy 212.2.3 2
14 The definitions for the terms "altered shoreline" and "unaltered shoreline" are as follows: 0
15 1. altered shorelines are generally located directly along dredged canals, basins and
16 channels and/or have been filled or vertically bulkheaded to such a degree that the
17 original natural slope landward of the water is no longer present. c
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18 2. unaltered shorelines are generally located along natural non-dredged waterways and
19 open water and have a sloping profile typical of the original natural conditions of the
20 shoreline even though fill or riprap may be present.
21 t�
22 Policy 212.2.4
23 Permitted uses and performance standards within the shoreline setback shall be as
24 follows:
E
25
26 Except as provided herein,principal structures shall be set back as follows: E
27 <
28 1. Along lawfully altered shorelines including manmade canals, channels, and basins
29 principal structures shall be set back at least twenty (20) feet as measured from the
30 mean high water(MHW) line;
31 2. Along lawfully altered shorelines including manmade canals, channels, and basins
32 for parcels less than 4,000 square feet that are developed with a lawfully established M
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33 principal use, the required setback may be reduced to a minimum of ten (10) feet
34 provided that the structure is sited so as to protect community character and minimize
35 environmental impacts by maintaining open space and protecting shoreline
36 vegetation.
37 3. Along open water shorelines not adjacent to manmade canals, channels, or basins,
38 and which have been altered by the legal placement of fill: 0
39
40 a. Where a mangrove fringe of at least ten (10)feet in width occurs across the entire
41 shoreline of the property, principal structures shall be set back at least thirty (30) v)
42 feet as measured from the mean high water(MHW) line or the landward extent of CO
43 the mangroves, whichever is further inland. ,
44 b. Where no mangrove fringe exists, principal structures shall be set back at least
45 thirty (30) feet from the mean high water (MHW) line, provided that native
46 vegetation exists or is planted and maintained in a ten (10) foot width across the
47 entire shoreline as approved by the County Biologist, and is placed under
48 conservation easement; otherwise the setback shall be fifty (50) feet as measured
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I from the mean high water (MHW) line.
2 c. On infill lots surrounded by significant development where principal structures c
U
3 are setback less than fifty(50)feet from mean high water(MHW)or the landward
4 extent of mangroves,the Director of Planning and Environmental Resources may 0)
5 evaluate the community character, the presence or absence of environmental 0
6 features, and the setbacks on adjacent developed properties within two parcels on
7 either side of proposed development, and may allow principal structures to be set
8 back as far as practicable or in line with adjacent principal structures. In no event
9 shall the setback be less than twenty (20) feet. On shorelines where the existing
10 pattern of setback is greater than thirty (30) feet, the greater setback shall apply.
11
12 4. Along unaltered and unlawfully altered shorelines, principal structures shall be set
13 back fifty (50) feet as measured from the mean high water (MHW) line or the 0
14 landward extent of the mangroves, whichever is further landward; 0
15
16 Accessory structures within the shoreline setback shall be designed to meet the following
17 criteria: c
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18
19 1. Along altered shorelines, including manmade canals, channels, and basins:
20
21 a. In no event shall the total, combined area of all structures occupy more than sixty t�
22 (60)percent of the upland area of the shoreline setback; c
0
23 b. Accessory structures, including, pools and spas shall be set back a minimum of
24 ten (10) feet, as measured from the mean high water(MHW) line;
25
26 2. Along open water shorelines which have been altered by the legal placement of fill, E
27 and where a mangrove fringe of at least ten (10)feet in width occurs across the entire
28 shoreline of the property:
29
30 a. In no event shall the total, combined area of all structures occupy more than thirty a
31 (30)percent of the upland area of the shoreline setback;
32 b. Accessory structures other than docks and erosion control structures shall be set M
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33 back a minimum of fifteen (15) feet, as measured from the mean high water
34 (MHW) line or the landward extent of the mangroves, whichever is further
35 landward;
36
37 3. Along unaltered shorelines:
38 0
39 a. In no event shall the total, combined area of all structures occupy more than thirty
40 (30)percent of the upland area of the shoreline setback;
41 b. Accessory structures other than docks and erosion control structures shall be set v)
42 back a minimum of twenty-five (25) feet, as measured from the mean high water Co
43 (MHW) line or the landward extent of the mangroves, whichever is further
44 landward;
45
46 4. Any proposed development within the shoreline setback shall include a site-suitable
47 stormwater management plan for the entire developed parcel which meets the
48 requirements of the land development regulations;
e(
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1 w
2 5. All structures within the shoreline setback shall be located such that the open space c
U
3 ratios for the entire parcel and all scenic corridors and bufferyards are maintained;
4
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5 6. Structures shall be located in existing cleared areas before encroaching into native 0
6 vegetation. The remaining upland area of the shoreline setback shall be maintained
7 as native vegetation or landscaped areas that allow infiltration of stormwater runoff,
8
9 7. Side yard setbacks must be maintained for all structures in the shoreline setback
10 except for docks, sea walls, fences, retaining walls, and boat shelters over existing
11 boat ramps;
12
13 8. No enclosed structures, other than a dock box of five (5) feet in height or less, a 0
14 screened gazebo, and a screen enclosure over a pool or spa, shall be allowed within 0
15 the shoreline setback. Gazebos must be detached from any principal structure on the
16 parcel. No decks or habitable spaces may be constructed on the roof of any gazebo
17 in the shoreline setback; c
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18
19 9. Pools, spas, fish cleaning tables, and similar pollutant sources may not discharge
20 directly into surface waters. Where no runoff control structures are present, berms
21 and vegetation shall be used to control runoff. Native vegetation shall not be
22 removed to install berms or runoff control structures;
23
24 10. All boat ramps shall be confined to existing scarified shoreline areas of manmade °i
25 canals, channels, and basins with little or no native vegetation, and shall be located
26 and designed so as not to create a nonconformity for other structures set back from E
27 the new mean high water(MHW) line created by the boat ramp; and
28
29 11. The roof and supporting members of a boat shelter constructed in compliance with a
30 Section 118-10 of the Land Development Code, as amended (hereby incorporated a
31 by reference), may extend two (2) feet into the shoreline setback around the a)
32 perimeter of a boat basin or ramp. This area shall be subtracted from the total area M
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33 allowed for all structures within the shoreline setback.
34
35 12. Shoreline structures shall be designed to protect tidal flushing and circulation
36 patterns. Any project that may produce changes in circulation patterns shall be
37 approved only after sufficient hydrographic information is available to allow an
38 accurate evaluation of the possible impacts of the project. Previously existing 0
39 manmade alterations shall be evaluated so as to determine whether more
40 hydrological benefits will accrue through their removal as part of the project.
41 v)
42 13. No development other than pile supported docks and walkways designed to CO
43 minimize adverse impacts on marine turtles shall be allowed within fifty (50)feet of
44 any portion of any beach berm complex which is known to serve as a nesting area
45 for marine turtles:
46
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I a. The fifty (50) foot setback shall be measured from either the landward toe of the
2 most landward beach berm or from fifty (50) feet landward of MHW,whichever is c
U
3 less. The maximum total setback will be one hundred (100) feet from MHW.
4
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5 b. Structures designed to minimize adverse impacts on marine turtles shall have a 0
6 minimum horizontal distance of four (4) feet between pilings or other upright
7 members and a minimum clearance of two (2) feet above grade. The entire
8 structure must be designed to allow crawling turtles to pass underneath it moving
9 only in a forward direction. Stairs or ramps with less than the minimum two (2)
10 feet clearance above grade are discouraged. If built, these portions of the structure
11 shall be enclosed with vertical or horizontal barriers no more than two (2) inches
12 apart, to prevent the entrapment of crawling turtles.
13 2
14 c. Beaches known to serve as nesting areas for marine turtles are those areas 0
15 documented as such on the County's threatened and endangered species maps and
16 any areas for which nesting or nesting attempts ("crawls") have been otherwise
17 documented. Within mapped nesting areas, the Director of Planning and c
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18 Environmental Resources may, in cooperation with FDEP, determine that specific
19 segments of shoreline have been previously, lawfully altered to such a degree that
20 suitable nesting habitat for marine turtles is no longer present. In such cases, the
21 Director may recommend reasonable measures to restore the nesting habitat. If
22 such measures are not feasible,the Director will waive the setback requirements of 0
23 this paragraph. Restoration of suitable nesting habitat may be required for
24 unlawfully altered beaches.
25
26 14. Special Approvals: E
27 <
28 a. For structures serving commercial uses, public uses, or more than three dwelling
29 units, the Planning Commission may approve deviations from the above standards
30 as a major or minor conditional use. Such approval may include additional a
31 structures or uses provided that such approval is consistent with any permitted uses, a)
32 densities, and intensities of the land use district, furthers the purposes of this M
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33 section, is consistent with the general standards applicable to all uses, and the
34 proposed structures are located in a disturbed area of an altered shoreline. Such
35 additional uses are limited to waterfront dining areas, pedestrian walkways, public
36 monuments or statues, informational kiosks, fuel or septic facilities, and water-
37 dependent marina uses. Any such development shall make adequate provision for '
38 a water quality monitoring program for a period of five (5) years after the 0
39 completion of the development.
40 b. For structures serving three or fewer dwelling units, the Director of Planning and 4--
41 Environmental Resources may approve designs that address unique circumstances v)
42 such as odd shaped lots, even if such designs are inconsistent with the above co
43 standards. Such approval may be granted only upon the Director's written
44 concurrence with the applicant's written finding that the proposed design furthers
45 the purpose of this section and the goals of the Monroe County Comprehensive
46 Plan. Only the minimum possible deviation from the above standards will be
47 allowed in order to address the unique circumstances. No such special approval
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I will be available for after-the-fact permits submitted to remedy a Code Enforcement
2 violation. c
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3 c. All structures lawfully existing within the shoreline setback along manmade canals,
4 channels, or basins, or serving three or fewer dwelling units on any shoreline, may E
5 be rebuilt in the same footprint provided that there will be no adverse impacts on
6 stormwater runoff or navigation.
7 d. Docks or docking facilities lawfully existing along the shoreline of manmade
8 canals, channels, or basins, or serving three or fewer dwelling units on any
9 shoreline, may be expanded or extended beyond the size limitations contained in
10 this section in order to reach the water depths specified for docking facilities in
11 Policy 212.4.2. Any dock or docking facility so enlarged must comply with each
12 and every other requirement of this Policy and Section 118-12 of the Land
13 Development Code, as amended (hereby incorporated by reference). 0
14 [§163.3178(2)(g), F.S.] 0
15
16 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
17 Area, Section 380.0552(7), Florida Statutes. c
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18 T_
19 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the u
20 principles for guiding development and any amendments to the principles, the principles shall be construed
21 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
U
22 c
23 (a) Strengthening local government capabilities for managing land use and development so that local do
24 government is able to achieve these objectives without continuing the area of critical state concern
25 designation. E
26 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
27 wetlands, fish and wildlife, and their habitat. E
28 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical �--
29 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
30 their habitat.
31 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
32 development. m
33 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. M
34 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
35 ensuring that development is compatible with the unique historic character of the Florida Keys.
36 (g) Protecting the historical heritage of the Florida Keys.
37 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
38 public investments,including:
39
40 1. The Florida Keys Aqueduct and water supply facilities;
41 2. Sewage collection, treatment, and disposal facilities;
42 3. Solid waste treatment, collection, and disposal facilities;
43 4. Key West Naval Air Station and other military facilities; v)
44 5. Transportation facilities; co
45 6. Federal parks,wildlife refuges, and marine sanctuaries;
46 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
47 8. City electric service and the Florida Keys Electric Co-op; and `44
48 9. Other utilities, as appropriate.
m
49
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1 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and u
2 replacement of stormwater management facilities; central sewage collection; treatment and disposal U
3 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
4 disposal systems.
5 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 0.
6 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as c
7 applicable, and by directing growth to areas served by central wastewater treatment facilities through >
8 permit allocation systems.
9 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
10 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
11 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
12 manmade disaster and for a postdisaster reconstruction plan.
13 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
14 Florida Keys as a unique Florida resource. 2
15 0
16 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
17 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
18 0
19 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). co
20 Specifically, the amendment furthers:
21
22 163.3202 Land development regulations.-
23 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for c
24 review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and n
25 enforce land development regulations that are consistent with and implement their adopted
26 comprehensive plan.
27
28
29 VI. PROCESS
30
31 Land Development Code Amendments may be proposed by the Board of County Commissioners, the .E
32 Planning Commission,the Director of Planning,private application, or the owner or other person having
33 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
34 shall review and process applications as they are received and pass them onto the Development Review co
35 Committee and the Planning Commission.
36
37 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
38 the application, the reports and recommendations of the Department of Planning & Environmental
39 Resources and the Development Review Committee and the testimony given at the public hearing. The 0
40 Planning Commission shall submit its recommendations and findings to the Board of County
41 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed ;
42 amendment, and considers the staff report, staff recommendation, Planning Commission
43 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
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44 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
45
46 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
47 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public
48 hearings on the proposed ordinance.
49
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1 VIL STAFF RECOMMENDATION
2 c
3 Staff recommends approval of the proposed amendment.
4
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5 0.
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6 VIII.EXHIBITS >
7
8 1. Proposed Ordinance
0
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EXHIBIT 1 TO STAFF REPORT
PROPOSED ORDINANCE - FULL AMENDMENT TEXT
2 c,
4
5
7 MONROE COUNTY, FLORIDA
8 ORDINANCE -2021
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
12 CODE CHAPTER 118 TO ELIMINATE REDUNDANT OR OBSOLETE TEXT,
13 REFINE CODE LANGUAGE TO BETTER CLARIFY REGULATORY INTENT
14 FOR THE BENEFIT OF THE REGULATED COMMUNITY AND COUNTY c
15 STAFF, AND TO UPDATE LISTS OF SPECIES; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
18 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
19 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
20 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
21 (FILE 2019-184) 0
22 N
4
23 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes, a
24 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and
25 welfare of the County's citizens; and
26
27 WHEREAS, at a special meeting held on April 16, 2016, the Monroe County Board of County
28 Commissioners adopted Ordinance No. 006-2016, amending the Monroe County Land Development E
29 Code; and
30
31 WHEREAS, the proposed Land Development Code amendments implement the Comprehensive co
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32 Plan Goals, Objectives and Policies; and provide greater clarity for staff and public utilization; and
33
34 WHEREAS, the Monroe County Planning and Environmental Resources held Public Workshops U
35 on September 23, 2020 and November 4, 2020 to review the proposed amendments and take Public r-
0
36 Comment; and
37
38 WHEREAS, the Monroe County Development Review Committee (DRC) held an advertised
39 public meeting on March 23, 2021 to consider adoption of proposed Land Development Code co
40 amendments, and provided for public comment; and
41
42 WHEREAS, the Planning Commission held a public hearing on April 28, 2021, to review and a
43 consider the proposed amendments and adopted Resolution No. P09-21, recommending approval to the E
44 Board of County Commissioners with requested changes to the staff proposed amendments; and
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I WHEREAS, at a regularly scheduled meeting held on September 15, 2021, the Monroe Board
2 of County Commissioners held a public hearing, considered the staff report, and provided for public
3 comment and public participation in accordance with the requirements of state law and the procedures
4 adopted for public participation in the planning process; and E
5 c
6 WHEREAS, based upon the information and documentation submitted, the Monroe Board of
7 County Commissioners makes the following Conclusions of Law:
8
9
10 1. The proposed amendments are consistent with the Goals, Objectives and Policies of the
11 Monroe County Year 2030 Comprehensive Plan; and
12 2. The proposed amendments are consistent with the Principles for Guiding Development for the 2
13 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 0
14 3. The proposed amendments are consistent with Part 11 of Chapter 163, Florida Statute; and
15 4. The proposed amendment is necessary due to the need for additional detail or 0
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16 comprehensiveness, as required by Section 102-158 of the Monroe County Code;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
19 OF MONROE COUNTY, FLORIDA, THAT:
20
21 Section 1. The Monroe County Land Development Code is hereby amended as follows a
22 (deletions are stricken through; additions are underlined): -�
23
24 Sec. 118-1. Purpose of Environmental Performance Standards. N
25 It is the purpose of this chapter to provide for the conservation and protection of the environmental .E
26 resources of Monroe County by ensuring that the functional integrity of natural areas is
27 protected when land is developed. E
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28
29
30 118-2. Existing Conditions Report.
31
32 0
33 (c) Plant species list. A list of species found in the survey, and those proposed for removal (if W
34 applicable),provided in a matrix with a minimum of the following five columns: ;
35 (1) Common Name;
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36 (2) Scientific Name;
37 (3) Status - Indicate species' status as TH: Threatened; END: Endangered; RI: Regionally
38 Important; SSG: Speeies of Speei l GeneeqRM: those species identified in this Section as
39 reaching Reproductive Maturity at less than four inches diameter at breast height _(DBH); N:(DBH); N:
40 Non-listed Native; EX: Exotic; INV: Invasive Exotic; or other status;
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1 (4) Number and Size to Remain
2 a. For those species listed as TH/END/RI/&SG, indicate the number of plants to remain on
3 the site and their sizes; 0.
4 b. For those species named in this Section as reaching reproductive maturity at less than 2
5 four(4) inches in diameter at breast height(DBH), estimate indicate the number of
6 reproductively mature plants to remain on the site regardless of s_ic; .�
7 C. For all other native species, estimate indicate the number of plants to remain on the
8 site, a*4 J.4e r„ with a DBH of 4 inches or greater.
9 (5) Number and Size to Be Removed (if applicable)
10 a. For those species listed as TH/END/RI, indicate the number of plants to be removed and
11 the size of each plant;
12 b. For those species named in this Section as reaching reproductive maturity at less than r-
13 four (4) inches diameter at breast height—in �DBHJ, indicate the number of 2
14 reproductively mature plants to be removed regardless e and the size of each plant;
15 C. For all other native species, indicate the number of plants to be removed with a DBH of
16 four 4 inches or greater. co
Common Native Species Reaching Reproductive Maturity at Less Than Four
(4)inches DBH
Beautyberry Callicarpa americana
0
Cat's claw Pithecellobium unguis-cati N
4
Cockspur Pisonia aculeata
Cocoplum Chrysobalanus icaco
Dahoon holly Ilex cassine
False willow Baccharis angustifolia
E
Jamaica caper Capparis cynophallophora
E
Limber caper Capparis flexuosa M
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Marlberry Ardisia escallonioides
Myrsine Myrsine floridana (cubana)
Randia Randia aculeata t�
Rougeplant, Rouge bush Rivinia humilis
0
Saltbush Baccharis halimifolia
Saw palmetto Serenoa repens
v)
Silver-btA4enwee !lonoedrvHs et„s
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Snowberry Chiococca alba or Chiococca pinetorum
Spanish stopper Eugenia foetida
Tallowood Ximenia americana
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A� al„-i � pf�„ 0
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White stopper Eugenia axillaris
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Wild coffee Psychotria nervosa E
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2 >
3 (e) Site plan. A site plan identifying the proposed development at a scale of at least one inch equals
4 20 feet showing the location and sizes of the following:
5 (1) all listed threatened and endangered native plants spe ' ; spe es of speeial ,.eneem; and is
6 regionally important native plants—,pee-ies; 0)
2
7 (2) all native plants spee-ie,that reach reproductive maturity at less than four inches DBH, as r_
8 named in this Section;
9 (3) all other native plants spee-ies-with a DBH of four inches or greater;
10 (4) champion trees (listed nationally by the State of Floridah 0
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11 (-3-)(5) native specimen trees (with a DBH greater than seventy-five percent of the record tree of
12 the same species for the State of Florida);
13 (4)(6) the extent of wetlands;
14 (-'�)(7) areas of disturbance and invasive exotic species; and
15 (-6)(8) proposed boundary of area(s) to be cleared and location of species to be removed (if
16 applicable), including, but not limited to, building footprint, construction impact zone as
17 defined in Section 101-1, installation of buried utilities, driveways and walkways.
18
e(
19 Sec. 118-3. Administration and Compliance.
20 Before a certificate of occupancy or final inspection approval may be issued for any structure,portion, or .E
21 phase of a project subject to this chapter, a grant of conservation easement running in favor of the County
22 shall be approved by the Planning Director and the County Attorney and recorded in the official public M
23 records of the County for any conservation easement required pursuant to Sections 118-9, 118-10(d)(7), co
24 118-12(b)(4)b, and 118-12(c)(2), or elsewhere in this chapter at the applicant's expense. The conservation
25 easement shall state the amount of required upland native vegetation protected area and the prohibited
26 activities within that protected area , including
27 removal, trimming or pruning of native vegetation; acts detrimental to wildlife or wildlife habitat
28 preservation; excavation, dredging, removal or manipulation of the substrate; activities detrimental to 0
29 drainage, flood control, or water or soil conservation; dumping or placing soil, trash, or other materials;
30 and any other restrictions as may be stated on the conservation easement. Fencing shall not be allowed in
31 a conservation easement unless the fencing abuts developed land and contributes to the protection of the
32 conservation area. Fence construction shall be completed with hand tools and not cause any form of tree
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33 abuse. No areas subject to the conservation easement shall be less than five feet in width.
34 Sec. 118-4. Wetland Open Space Requirements.
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I No development activities ehxcept as provided for in this chapter,no development activities are permitted
2 in submerged lands, mangroves, salt ponds, freshwater wetlands, freshwater ponds, or in undisturbed salt
3 marsh and buttonwood wetlands; the open space requirement is 100 percent.
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0.
4 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt 2
5 marsh and buttonwood wetlands only for use as transferable development rights away from these habitats.
6 Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or .�
7 intensity.
8
0
9 Sec. 118-7. General Environmental Design Criteria.
0
0
10
11
12 (c) The habitat of protected plants and animals (including but not limited to species listed as
13 endangered, threatened, species of special concern, or protected under laws stle . as *he co
14 State or Federal law) shall be preserved to the maximum extent
15 practicable through the configuration of open ipa-eeprotected natural areas. Habitat includes,
16 but is not limited to,foraging,roosting,breeding, and natural and artificial nesting habitat. This
17 includes, but is not limited to, bird rookeries and bird nesting eel-effiesareas. No habitat of c
18 protected species shall be disturbed without prior notification and approval by the County n
19 Biologist. Impacts to endangered species habitat that result in a "May Affect" determination
20 through the application of the U.S. Fish and Wildlife Service (USFWS) Species Assessment E
21 Guides will require coordination with the USFWS in accordance with Chapter 122-8.
22
23 * * * '✓
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24 Sec. 118-8. Mitigation Standards and County Environmental Land Management and Restoration
25 Fund.
M
26 (a) Mitigation standards. Unless alternative mitigation is approved as part of a minor or major co
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27 conditional use pursuant to Section 118-6,the removal of any listed threatened or endangered native
28 plants-species; any regionally important native plants-species; any native plants species-that reaches
29 reproductive maturity at less than four (4) inches diameter breast height (DBHJ as identified in
30 Section 118-2(c); and any other native plants spee-ies-with a diameter- 4 breast heigh DBH of four �
31 inches or greater shall require payment to the Monroe County Environmental Land Management
0.
32 and Restoration Fund in an amount sufficient to replace each removed plant or tree on a 2:1 basis,
33 as determined in accordance with subsection (b). The number, species, and sizes of trees and plants
34 to be mitigated shall be identified in the existing conditions report provided pursuant to Section 118-
35 2 and approved by the County Biologist.
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36
37
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38 Sec. 118-9. Clearing Allowances.
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I (a) Purpose. It is the purpose of this Section to provide for open ipa-eeprotected areas as a part of a
2 development plan in order to ensure the continued existence of natural wildlife habitat and to provide
3 open green areas for the movement, aesthetics, and safety of the human population utilizing the
4 development. "rUpland native vegetation communities shall be considered required open E
5 spa�eprotected natural areas and shall not be cleared or otherwise disturbed, beyond the limits 2
6 specified in subsection (b), including ground cover, understory, midstory, and canopy vegetation.
7 All such areas shall be maintained in their natural condition and shall be protected by a grant of
8 conservation easement running in favor of the County.
9
10
11 U
12 (c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depicted W
13 on the December 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to r-
14 determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by 2
15 recent aerial photography and existing site analysis to determine any increases in the amount of
16 upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time
17 of permit application shall be considered to still include upland native vegetation for purposes of co
18 determining the amount of open spa-eeprotected natural areas and clearing permitted.
19
20 (d) Ocean Reef Club clearing. For the purpose of this Section, upland native vegetated areas in the
21 Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetaed 0
c
22 vegetation. N
4
23
24
25 (g) Vesting provisions. Applications for building permits received prior to January 13, 2013, and any W
26 building permits issued or to be issued pursuant to an active conditional use permit development <
27 order approved prior to January 13,2013, shall be permitted to use the clearing allowances in effect N
28 at the time of building permit application or approved in the conditional use permit.
29 Redevelopment of a site where clearing of native upland vegetation communities was authorized E
30 in excess of standards of 118-9(b) shall be limited to the approved clearing g footprint of the
31 previously issued building permit. Any revisions to the extent of clearing approved by the building E
32 permits or conditional use permits referenced above shall be required to comply with the clearing co
33 limits currently in effect.
34 Sec. 118-10. Environmental Design for Specific Habitat Types.
c,
35 In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual habitats 0
36 as outlined in this Section.
37 (a) Hammock. All structures developed, used or occupied on land classified as hammock (all types and
38 all levels of quality) shall be designed, located and constructed such that:
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39 (1) All required protected natural areas are maintained in their natural
40 condition,including the preservation of canopy,midstory,understory vegetation,ground cover
41 and leaf litter layer; and
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1 (2) Clearing of native vegetation is limited to the area of approved clearing shown on the approved
2 site plan, which shall include a construction impact zone around all structures. Construction
3 barriers shall be required at the outer edge of the construction impact zone and shall be visible
4 and of durable material such as wood, fabric, wire fencing, plastic safety fencing, or similar E
5 types that provide openings to allow the passage of wind and water through them. Barriers 2
6 shall be staked and remain in place and maintained in a functional condition until final
7 inspection for a certificate of occupancy has been approved. During construction, there shall
8 be no disturbances of the ground surface and vegetation within required open ipa-eeprotected
9 natural areas.
10 (b) Pinelands. All structures developed, used or occupied on land classified as pinelands (all types and
11 all levels of quality) shall be designed, located and constructed such that:
0
0
12 (1) All required protected natural areas are maintained in their natural
13 condition, including canopy, midstory, understory vegetation, and ground cover. Dead
14 vegetative matter, including leaf litter layer, may be removed for fire safety; and
15 (2) All structures are separated from the body of the pinelands by a clear, unvegetated fire break co
16 of at least 15 feet width. Any clearing required to create this firebreak shall be deducted from
17 the total area of clearing allowed for the parcel. Clearing of native vegetation shall be limited
18 to the area of approved clearing shown on the approved site plan, and the required firebreak.
19 Construction barriers shall be required at the outer edge of the area to be cleared and shall be 0
20 visible and of durable material such as wood, fabric, wire fencing, plastic safety fencing, or n
21 similar types, that provide openings to allow the passage of wind and water through them.
22 Barriers shall be staked and remain in place and maintained in a functional condition until final E
23 inspection for a certificate of occupancy has been approved. During construction, there shall
24 be no disturbances of the ground surface and vegetation within required eeeprotected
�t
25 natural areas.
26
27 (e) Mangroves, wetlands, and submerged lands. All structures developed, used or occupied on land E
28 classified as mangroves, wetlands or submerged lands (all types and all levels of quality) shall be co
29 designed, located and constructed such that:
30 (1) Generally. Only docks and docking facilities, boat ramps, walkways, water access walkways,
31 water observation platforms, boat shelters, nonenclosed gazebos, riprap, seawalls, bulkheads,
32 automobile or pedestrian access to lawfully established dwelling units located on upland areas 0
33 and utility pilings shall be permitted on or over mangroves, wetlands, and submerged lands, W
34 subject to the specific restrictions of this subsection. Trimming and/or removal of mangroves
35 shall meet Florida Department of Environmental Protection requirements.
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36
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37 (4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged lands
38 except:
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I a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads, Seawalls,
2 Riprap) and 118-12(l) (Boat Ramps);
3 b. To fill a manmade, excavated water body such as a canal,boat ramp,boat slip,boat basin
4 or swimming pool if the County Biologist determines that such filling will not have a E
5 significant adverse impact on marine or wetland communities provided re_ug lato!Y 2
6 approval by the Florida Department of Environmental Protection and the U.S. Army
7 Corps of Engineers is received prior to the commencement of development or
8 construction and/or prior to issuance of a County `Notice to Proceed',-
9 C. As needed for shoreline stabilization or beach renourishment projects with a valid public
10 purpose that furthers the goals of the Monroe County Comprehensive Plan,as determined
11 by the County Biologist; c
U
12 d. For bridges extending over salt ,,, r-s Etle,-btA4 r,:.,,eass tiei wetlands that are 0)
0
13 required to provide automobile or pedestrian access to lawfully established dwelling units r_
14 located on upland areas within the same property for which there is no alternate means 2
15 of access. Such bridges shall be elevated on pilings so that the natural movement of water,
16 including volume, rate and direction of flow shall not be disrupted or altered; or
17 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with co
18 appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of this
19 Section.
20
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21 (7) Vegetated buffer required between development and wetlands. Except as allowed in Section 0)
22 118-7 (general environmental design criteria), a minimum vegetated setback of 50 feet shall -�
23 be maintained as an open space buffer and shall be protected by a grant of conservation W
24 easement running in favor of the County for development occurring adjacent to all types of <
W
25 wetlands, with the following exceptions: y
26 a. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint .E
27 of reasonable configuration, then the setback may be reduced to allow for 2,000 square
28 feet of principal structure footprint of reasonable configuration,provided that the setback E
29 is not reduced to less than 25 feet. co
30 b. On properties classified as scarified adjacent to wetlands, the wetland setback may be
31 reduced to 25 feet, without regard to buildable area, if the entire setback area:
32 1. Is planted and maintained in native vegetation meeting the standards of a class D
33 bufferyard or a bufferyard providing similar protection (Section 114-128 0
34 Bufferyard standards) with the exception that understory trees may be substituted W
35 for canopy trees;
36 2. Contains a site-suitable stormwater management plan approved by the County
37 Biologist; and
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38 3. Is placed under a conservation easement.
39 C. The wetland setback required by this subsection shall not apply to mangrove or wetland
40 fringes occurring along manmade canals, channels, or basins.
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I d. The wetland setback required by this Section shall not apply to areas filled in accordance
2 with 118-10(d)(6) where state and/or federal permits estfiet rho f4" to rho devel pmel�
3 aFea e*1yestablish limits of the fill.
4 e. On properties where the wetland is located between the development and water E
5 (shoreline),the terms of the grant of conservation easement may be amended to allow up 2
6 to a four-foot wide (4ft) boardwalk or similar water-access structure to allow access to
7 the water. The terms may only be amended if the County Biologist makes written
8 findings of fact and conclusions of biological opinion that substantiate the need and/or
9 benefits to be derived from the amendment.
10 Sec. 118-11. Environmental Restoration Standards. c
11 (a) In the event any land clearing is occurring on a site and such clearing is outside the scope of any r_
12 permit issued or for which no permit was issued, the Building Official or other authorized County 2
13 official shall issue a stop work order. If any land clearing has occurred for which no permit has been
14 issued or which is beyond the scope of an issued permit, such activity shall be subject to code
15 enforcement proceedings under Chapter 8. Except for issuance of an approved after-the-fact permit co
16 for restoration, the stop work order shall remain in effect and no application for a building permit
17 shall be processed or issued for the site until the violation for unlawful land clearing is corrected
18 pursuant to subsection (b) of this Section.
19 �
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20 (b) A land clearing violation is corrected if all of the following conditions are met in accordance with a n
21 restoration site plan approved by the County Biologist:
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22 (1) Submission of a restoration plan and site plan showing the location of the restoration plantings. a
e(
23 (-1-)(2) The site shall be restored to its pre-violation grade.
24 (�(3) Native canopy trees,understory and shrubs on the unlawfully cleared site shall be replaced
25 with native plant species as appropriate and
26
27
28 etas determined by the County Biologist. Two canopy and four understory trees will be co
29 required per 100 square feet of impact. A lesser density of required trees and/or substituting
30 shrubs for understory may be permitted at the discretion of the County Biologist based upon
31 written findings that the reduction is necessary. The replanted canopy, understory and shrubs
32 must be distributed evenly throughout the restoration area(s) and may not be clustered in any
33 one location. Canopy trees shall have a minimum of three inches in diameter at breast height
34 (DBH) or be at least ten feet tall, understory shall be a minimum of five feet tall.
35
36
37
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38 shall be r-eplaeed w4h plaf4s of a size a*d fnatur-it-f eemmensur-ate to and related to�he unlawful
39
40 { (4)
41 The species composition of the restoration plan shall consist of a
42 minimum of 20 percent of the species listed as endangered,threatened, or regionally important. E
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I (4)(5) The restoration work to correct the land clearing violation shall be deemed complete after
2 four passed inspections by the County Biologist. An initial restoration planting inspection is
3 required immediately after the installation of the replacement plants and inspections are
4 required annually for two years after the passed initial planting inspection. A final inspection E
5 is required at the end of the third year after the initial planting _inspection. A final inspection inspection. A final inspection 2
6 may only be aproved provided that three consecutive inspections as described in this section
7 have been approved.
8
9
10
11
12 Best. C
13 (c) Any violation for land clearing that has been corrected pursuant to subsection(b)of this section shall
14 be subject to the following additional conditions to ensure the growth and viability of the restored
15 habitat: co
16 (1)
17 , The restoration area(s) shall be maintained free from all invasive exotic
18 plant species shall be e 4 least ,,,4o,-ly ,a,,,-ing toe t4 year- period dese,-ibe , c
19 N
20 (2) At least 80 percent of the trees replaced, as described in subsection (b)(3=4-2) of this Section,
21 shall be viable at the end of a three-year period from the date of the€first inspection of the -�
22 restoration work. Dead or dying trees may be replaced, subject to prior approval by the County
23 Biologist, during the three-year period in order to ensure the 80 percent minimum is met at the
24 end of three years. The este- ti r , e-k shall be ; eete a by toe Gets� Bi lOgiSt OR
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25
26 t4-ee pe-io . The County Biologist may direct that dead or dying trees be replaced as he
27 or she deems necessary to ensure the 80 percent standard will be met at the end of the three
28 years. E
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29 (d) Failure to meet the conditions of subsection(c) of this Section shall be considered a violation of this
30 Land Development Code and subject to code enforcement proceedings under chapter 8.
31 (e) The permit holder shall may be required through a financial guarantee approved by the Planning
32 Director and the County Attorney, to guarantee the satisfactory completion of the restoration work
0.
33 in accordance with the approved restoration site plan and the survival of at least 80 percent of the
34 replanted trees for a period of at least three years after the issuance of the after-the-fact permit for
35 the restoration work.
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36 (1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
37 restoration work described in subsections(b)(1)-(3) of this Section. The estimated costs of the
38 restoration described in subsection (b) of this Section shall be the sum of subsections (e)(1)a.
39 and (e)(1)b. of this Section:
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I a. One-hundred percent of the estimated cost of the restoration described in subsection
2 (b)(24) of this Section as estimated by the County Engineer; or alternatively, 150 percent
3 of the price of a binding contract for the restoration work required by subsection (b)(2-�)
4 of this Section, entered into with a contractor qualified to perform such work. E
5 b. One-hundred percent of the estimated cost, as estimated by the Building Official, of 2
6 performing the restoration work described in subsections (b)( -2) and (b)(4-3) of this
7 Section; or, alternatively, 150 percent of the price of a binding contract for the restoration
8 work described in subsections (b)( -2) and (4-3) of this Section, entered into with a state
9 licensed landscape architect.
10 (2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and cj
11 the County Attorney. The guarantee shall be payable to the county in the amount of the
12 estimated total cost for restoration work as calculated in subsection (e)(1) of this Section and r_
13 enforceable, on or beyond a date 36 months from the date of the permit issued for the 2
14 restoration work. Release of any guarantee shall be conditioned upon final approval by the
15 County Biologist of the restoration work as stipulated in subsection (c)(2) of this Section.
16 co
17 (3) Default. All guarantees shall provide that if the permit holder failed to complete required
18 restoration work in accordance with the restoration site plan and failed to comply with the
19 requirements of subsection (c)(2) of this Section, the Planning Director in consultation with
20 the County Attorney, may take the following action: inform the guarantee company in writing 0
21 of default by the permit holder and request that it take necessary actions to complete the n
22 required improvements.
23
24 Sec. 118-12. Shoreline Setback.
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25
26 (b) Principal structures. Principal structures shall be setback as follows:
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27 co
28 (4) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which 0
29 have been altered by the legal placement of fill:
30 a. And where a mangrove fringe of at least ten feet in width occurs across the entire 0
31 shoreline of the property,principal structures shall be setback at least 30 feet as measured
32 from the MHW line or the landward extent of the mangroves,whichever is farther inland.
33 b. And where no mangrove fringe of at least ten feet in width exists, principal structures U)
34 shall be set back at least 30 feet from the MHW line, provided that native vegetationco
35 exists or is planted and maintained in a ten-foot width across the entire shoreline as
36 approved by the County Biologist, and is placed under a grant of conservation easement
37 running in favor of the County; otherwise the setback shall be 50 feet as measured from
38 the MHW line.
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I C. A Special Approval for Shoreline Setback Deviation may be requested oOn infill lots
2 surrounded by significant development where principal structures are set back less than
3 50 feet from mean high water (MHW) or the landward extent of mangroves_, +The
4 Planning and Environmental Resources Director may evaluate the community character, E
5 the presence or absence of environmental features, and the setbacks on adjacent 2
6 developed properties within two parcels on either side of proposed development, and
7 may allow principal structures to be setback as far as practicable or in line with adjacent .�
8 principal structures.In no event shall the setback be less than 20 feet. On shorelines where
9 the existing pattern of setback is greater than 30 feet, the greater setback shall apply.
10 * * * c
11 2
12 (f) Enclosed structures and gazebos. No enclosed structures, other than a dock box of five feet or less in C
13 height, a screened gazebo, and a screen enclosure over a pool or spa, shall be allowed within the 2
14 shoreline setback. Gazebos must be detached from any principal structure on the parcel. No decks or
15 habitable spaces shall be constructed on the roof of any gazebo. Any individual gazebo within the 0
16 shoreline setback shall not exceed 200 square feet in area and the highest portion of the roof shall beCo
17 no more than 12 feet above grade. Screen enclosures over pools shall not exceed 12 feet in height.
18 Multiple gazebos within the shoreline setback shall be a minimum of 10 linear feet from each other.
19
20 * * * c
0
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21 (k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted,provided that:
22 (1l Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
23 demonstrated that their purpose is necessary for erosion control. Any attachments to seawalls t
24 or bulkheads, such as davits, cleats, and platforms, or any other elements that constitute
25 docking facilities shall not be allowed except as accessory to a principal use. Seawalls without
26 a principal use may have a cap of keno more than two feet in width
27 adoe
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28 (-I-)(2) Existing grade landward of the bulkhead shall be six inches lower than the top of the
29 bulkhead.
30 (-2)(3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
31 shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads shall
t�
32 be permitted only if native vegetation and/or riprap and filter cloth is not a feasible means to
33 control erosion. No new seawalls, bulkheads, or other hardened vertical structures shall be 0
34 permitted on open water.
35 (-3-)(4) Lawfully eL-xisting, deteriorated seawalls and bulkheads may be
36 repaired and/or replaced and are exempt from the nonsubstantial improvements limitations
37 except on known or potential sea turtle nesting beaches. Repairs and/or replacements must
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38 maintain the existing footprint to the maximum extent practicable.
39 (4)L ) Whenever feasible, riprap, bulkheads, retaining g walls and seawalls should be placed
40 landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
41 aquatic biotic communities shall be preserved to the maximum extent possible.
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I (5-)(6) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
2 energy and provide substrate for marine organisms.
3 (4)LI No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted
4 on or waterward of any portion of any beach berm complex that is known to be or is potential E
5 nesting area for marine turtles as determined by the County Biologist, the state, and/or other 2
6 appropriate agencies. Within known or potential nesting areas, the County Biologist may, in
7 cooperation with the Florida Department of Environmental Protection, determine that specific
8 segments of shorelines have been previously lawfully altered to such a degree that suitable
9 nesting habitat for marine turtles is no longer present. In such cases, the County Biologist in
10 cooperation with the Florida Department of Environmental Protection may recommend
11 reasonable measures to restore the nesting habitat.If such measures are not feasible,the setback
12 requirements of this subsection do not apply. Restoration of suitable nesting habitat shall be
13 required for unlawfully altered beaches.
14 renourishment projects on open water may be approved only upon a determination 2
15 by the County Biologist that the project has a valid public purpose that furthers the goals of
16 the Monroe County Comprehensive Plan.
17 (4)L2L All such projects shall require state and/or federal permits prior to the commencement of co
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18 development or construction and prior to the issuance of a county `Notice to Proceed.'
19
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20 (m) Docking facilities. Docking facilities shall be permitted,provided that:
21 (1) Permit. All required permits from the Florida Department of Environmental Protection and -�
22 Army Corps of Engineers shall be obtained prior to commencement of construction and/or
23 issuance of a County permit or `Notice to Proceed.' C
24 (2) Width. Docks shall not exceed ten percent (10%) of the width of the waterbody as measured y
25 laterally across the waterbody from the point of mean low water (MLW) of the proposed
26 location of placement, prior to construction of any dock, to the opposing point of mean low E
27 water,prior to construction of any dock. The County Biologist shall use the best available data
28 to determine the point of MLW prior to construction of docks. Along open water shorelines E
29 adjacent to manmade waterways where no breakwater, rip-rap, or structure(s) exists along the co
30 outside of the waterway, the opposing point of mean low water shall be measured as the edge
31 of the lawfully dredged area.
32 (3) Setback Requirements. No vessel shall be moored or docked or otherwise secured to a mooring
33 facility in such a way that the vessel extends beyond the side property lines (including the
34 property line as extended into the water perpendicular to the shore). 0
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35 a. Davits shall be set back from the side property lines (including the property line as
36 extended into the water perpendicular to the shore) the same distance as the required
v)
37 principal structure setback on the property or five feet(5ft), whichever is greater, except
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38 that one (1) davit support may be located within five feet (5ft) of the property line
39 provided the davit arm is designed to swing to the interior of the property.
40 b. Elevator lifts shall be set back a minimum of 7.5 feet from the side property lines
41 (including the property line as extended into the water perpendicular to the shore), except
42 that personal watercraft lifts with a maximum capacity of 1,500 pounds shall be set back E
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I a minimum of five (5) feet from the side property lines (including the property line as
2 extended into the water perpendicular to the shore).
3 C. Floating boat lifts and vessel platforms shall be set back from the side property lines
4 (including the property line as extended into the water perpendicular to the shore) a E
5 minimum of 10 feet, if installed laterally and a minimum of five (5) feet, if installed 2
6 perpendicular to the shoreline, so as not to create a navigational hazard.
7 d. 4-post hoists/cradle lifts shall be permitted on parcels that are a minimum of 70 feet wide
8 and are located on manmade waterways that are 60 feet wide or greater. 4-post
9 hoists/cradle lifts shall be set back a minimum of 7.5 feet from the side property lines
10 (including the property line as extended into the water perpendicular to the shore). 4-post
11 hoists/cradle lifts shall also be permitted on parcels located on open water shorelines (not
12 adjacent to manmade canals, channels, or basins), and if installed perpendicular to the
13 shoreline shall be set back a minimum of five (5) feet from the side property lines C
14 (including the property line as extended into the water perpendicular to the shore). 2
15
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16 (6) Required conditions. Any docking facility shall meet the following conditions:
17 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
18 (recycled plastic, concrete, greenheart) or be wrapped with impermeable plastic or PVC 0
19 sleeves. Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter 4
20 thickness and shall extend from at least 6 inches below the level of the substrate to at least a
21 2 feet above the mean high water line.
22 a-.b_Docking facilities that do not terminate over seagrass beds or hardbottom communities
23 must have at least four feet(4ft) of water depth at MLW at the terminal end of the docking y
24 facility, and continuous access to open water. A benthic survey shall be submitted to
25 document the presence or absence of seagrass beds and/or hardbottom communities; E
26 b-.c_A docking facility that extends across a full ten percent of the width of any body of water
27 may terminate in water less than four feet 4ft at MLW if this water depth occurs within E
28 five horizontal feet of the terminal end of the docking facility such that the centerline of an Co
29 average vessel will rest in water of adequate depth, and continuous access to open water is
30 available;
31 c—d_Docking facilities may be developed on the shoreline of lots in a subdivision that was
32 approved before September 15, 1986, if the docking facility is located in a channel or canal
33 that was dredged before September 15, 1986, and if there is a MLW depth of at least four 0
34 feet Oft at the terminal end of the docking facility. Such docks shall not exceed ten percent
35 of the width of the channel or canal; and
36 d-.e.Docking facilities that terminate over seagrass beds or hardbottom communities may only U)
37 be permitted when the water depth at the terminal platform is at least four feet Oft above
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38 the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms at MLW
39 and continuous access to open water of navigable depth is available. The height of pier
40 type docks over benthic biological resources shall be a minimum of 5 feet above mean high
41 water (MHW) as measured from the top surface of the decking, and the total size of the
42 platform shall be limited to 160 square feet. The configuration of the platform shall be a E
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I maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot
2 height requirement, a 3 feet by 20 feet section may be placed 3 feet above MHW to
3 facilitate boat access. A benthic survey shall be submitted to document the presence or
4 absence of seagrass beds and/or hardbottom communities. A bathymetric survey shall be E
5 submitted to document the water depth at the terminal end of the pier and/or platform and 2
6 to ensure that continuous access to open water of navigable depth is available. All such
7 projects shall require approval by the Florida Department of Environmental Protection and
8 the U.S. Army Corps of Engineers prior to commencement of construction or issuance of
9 a County `Notice to Proceed.'
10 * * * c
11 (13) Marginal docks. On shorelines landward of a seawall,revetment or manmade canal or channel, r_
12 a dock may run the entire length of the shoreline,parallel to the water's edge,provided that:
13 a. The dock shall not exceed eight _(8) feet in width or ten percent of the width of the feet in width or ten percent of the width of the 0
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14 waterbody as required in Section I 8-12(m)(2), whichever is less;
15 a-b_The landward edge of the dock is located entirely on the upland shoreline and no walkway 0
16 is needed to provide access to the dock;
17 b-C_All portions of the dock that extend over submerged lands are cantilever beam or pile 0
18 supported; 4
19 Ed_The dock is located so as to avoid or minimize covering or impacting wetland vegetation 0)
20 or a mangrove fringe of more than ten (10) feet in width; -�
21 d-e_No 4-post hoists/cradle lifts shall be permitted on marginal docks located on altered
22 shorelines adjacent to manmade canals, channels, and basins, unless located in a cut-in t
23 slip, or on a lot having a minimum of 70 feet of shoreline and where such manmade canal, y
24 channel, or basin has a minimum width of 60 feet, as measured from MLW to MLW
25 prior to construction. E
26 (14) T-style docks. Any dock with a walkway perpendicular to the shoreline, such as a "T" or "L" E
27 dock, shall be designed as follows: co
28 a. The portion of the dock parallel to the shoreline (whether floating or stationary)may run
29 the entire shoreline length of the parcel and shall not exceed eight (8) feet in width or
30 ten percent of the width of the waterbody as required in subsection (m)(2), whichever is
31 less. 0
32 b. The dock and walkway shall be located so as to avoid or minimize covering wetland
33 vegetation or mangroves.
34 C. The walkway connecting the dock to the shore shall not exceed four feet in width. One
35 such walkway shall be allowed for every 100 feet of shoreline length or fraction thereof
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36 (for example, 75 feet of shoreline may have one walkway and 101 feet of shoreline may
37 have two).
38 d. Where a mangrove fringe of more than ten(10)feet in width or wetland vegetation exists
39 along the shoreline and a "T" or"L" style dock would extend over more than ten percent
40 of the width of the waterbody, the County Biologist will coordinate with the Florida
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I Department of Environmental Protection and the U.S. Army Corps of Engineers to
2 evaluate an alternative design. Such alternative design shall only have the minimum
3 deviations from this subsection to address this unique situation.
4 E
5 On shorelines exceeding 100 feet in length, one such dock shall
6 be allowed for every 100 feet of shoreline.
7 (15) Pier type docks. Pier type docks shall be permitted provided that:
8 a. Such structures are oriented approximately perpendicular to the shoreline;
9 b. Such structures are located in an existing break in the mangroves or shoreline vegetation;
10 however, if no such break exists, a walkway no more than four(4) feet in width, may be
11 cut through the mangroves or shoreline vegetation;
12 C. Such structures are located such that no portion of the dock (including the terminal 2
13 platform and mooring facilities) is less than five (5) feet from the side property lines as
14 extended into the water perpendicular to the shore;
15 d. Such structures do not exceed four (4) feet in width, except for a terminal platform, as co
16 allowed by subsection (m)(15)f,
17 e. Such structures are no longer than twice the linear shoreline frontage of the parcel or 100
18 feet, whichever is less. For purposes of this subsection (m)(15)e., dock length shall be
19 measured from MLW out to the waterward extension of the dock. A special exception 0
20 may be granted by the Planning and Environmental Resources Director to allow the n
21 minimum relaxation of this length restriction as is necessary to provide the upland owner
22 with access to adequate water depths specified for docking facilities. Such special E
23 exceptions shall only be granted based on a written determination that, among other
24 criteria, the proposed dock will not be inconsistent with community character, will not
25 interfere with public recreational uses in or on adjacent waters, and will pose no
26 navigational or safety hazard. At least 30 calendar days prior to the issuance of a county
27 permit issued under such a special exception,the Planning and Environmental Resources E
28 Director shall ensure that shoreline property owners within 300 feet of the subject parcel
29 are notified by regular mail of the proposed special exception in order to allow an E
30 opportunity for appeal; and co
31 f. If proposed, the terminal platform is no wider than eight (8) feet in one dimension and
32 does not exceed a total of 160 square feet in area. The terminal platform shall be
33 constructed of grated materials to allow the maximum amount of sunlight infiltration to
34 the water under the platform. The terminal platform may include stairways for swimming
35 access, provided that all stairways are contained within the square footage allowed for
36 the terminal platform. The terminal platform may include a non-enclosed gazebo that
37 does not exceed 100 square feet in area and the highest portion of the roof shall be no
38 more than 12 feet above the decking or terminal platform level_
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39 (n) Water access structures. The following specific types of structures, or portions thereof, extending 7
40 over mangroves,wetlands, or submerged lands,shall be permitted only on shorelines of water bodies
41 other than manmade canals, channels, and basins. All required permits from the Florida Department
42 of Environmental Protection and the Army Corps of Engineers shall be obtained prior to
43 commencement of construction or issuance of a County `Notice to Proceed.' E
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1 (1) Water access walkways. Water access walkways shall be permitted provided that such
2 structures are:
3 a. Oriented approximately perpendicular to the shoreline; E
4 b. Designed to terminate in water no deeper than twelve (12) inches at MLW or extend 2
5 farther than ten feet from the waterward extent of mangroves;
6 C. Designed so that the decking is elevated at least two (2) feet above MHW, except for a .�
7 ramp or stair section at the waterward end which must be limited to no more than ten(10)
8 foot long;
9 d. Do not exceed four(4) feet in width and do not include a terminal platform or gazebo or
10 roof structures; c
c,
11 e. Designated by signs of at least one square foot each to be placed on each side of the 0)
12 structure that states "No Mooring of Motorized Vessels Allowed"; and
13 f. Designed not to terminate over seagrasses or hardbottom communities. 2
14 (2) Water observation platforms. Water observations platforms shall be permitted provided that
15 such structures are: co
16 a. Oriented approximately perpendicular to the shoreline;
17 b. Designed to terminate in water no deeper than six (6) inches at MLW or begin the
18 terminal platform no farther than ten (10) feet beyond the waterward extent of 0
19 mangroves; 1n
20 C. Designed so that the top of the decking, including the terminal platform,must be elevated
21 at least five (5) feet above MHW, except for a ladder or steps that may be added for E
22 swimming access only in the absence of seagrasses or hardbottom communities; a
23 d. Designed with a terminal platform that does not exceed 160 square feet, inclusive of any
24 steps or ladder. The terminal platform shall be constructed of grated materials to allow
25 the maximum amount of sunlight infiltration to the water under the platform. The
26 terminal platform may include a non-enclosed gazebo that does not exceed 100 square E
27 feet in area and the highest portion of the roof shall be no more than 12 feet above the
28 decking or terminal platform level; and E
29 e. Shall be designed with handrails and designated by signs of at least one square foot each co
30 to be placed on each side of the structure that states "No Mooring of Motorized Vessels
31 Allowed."
32 (o) Special approvals.
0
0.
33 (1) For accessory structures serving commercial uses, public uses, or more than three dwelling
34 units, the Planning and Environmental Resources Director or the Planning Commission may
35 approve deviations from the requirements of the subsection above as part of a minor or major
36 conditional use permit. Such approval may include additional structures or uses,provided that
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37 such approval is consistent with any permitted uses, densities, and intensities of the land use
38 (zoning) district, furthers the purposes of this Section, is consistent with the general standards
39 applicable to all uses, and the proposed structures are located in a disturbed area of an altered
40 shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways,
41 public monuments or statues, informational kiosks, fuel or septic facilities, and water- E
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I dependent marina uses. Any such development shall make adequate provision for a water
2 quality monitoring program for a period of five (5) years after the completion of the
3 development.
0.
4 (2) For accessory structures serving three or fewer dwelling units the Planning and Environmental 2
5 Resources Director may approve designs that address unique circumstances such as odd shaped
6 lots or shorelines,even if such designs are inconsistent with the above standards. Such approval .�
7 may be granted only upon the Planning Director's written concurrence with the applicant's
8 written finding that the proposed design furthers the purpose of this Section and the goals of
9 the Monroe County Comprehensive Plan. Only the minimum possible deviation from the
10 above standards will be allowed in order to address the unique circumstances. No such special
11 approval will be available for after-the-fact permits submitted to remedy a code enforcement
12 violation. C
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13
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14 (p) Requirements for marine turtle nesting areas. Notwithstanding the provisions of subsection (o) of
15 this Section, no development other than pile-supported docks and walkways designed to minimize
16 adverse impacts on marine turtles shall be allowed within 50 feet of any portion of any beach berm 0
17 complex that is known to be or is a potential nesting area for marine turtles. Beaches known to serve
18 as nesting areas for marine turtles are those areas documented as such on the County's threatened 0
19 and endangered species maps and any areas for which nesting or nesting attempts ("crawls") have 4
20 been otherwise documented. Any development shall comply with Sections 12-114 through 12-120.
21 (1) The 50-foot setback shall be measured from either the landward toe of the most landward beach a
22 berm or from 50 feet landward of MHW, whichever is less. The maximum total setback shall t
23 be 100 feet from MHW.
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3 (2) Within known or potential nesting areas for marine turtles, as determined by the County
4 Biologist, the state, and/or other appropriate agencies, the County Biologist may in
5 cooperation with other appropriate agencies, determine in writing that specific segments of
0
6 shorelines have been previously lawfully altered to such a degree that suitable nesting habitat n
7 for marine turtles is no longer present. In such cases,the County Biologist in cooperation with 0)
8 the Florida Department of Environmental Protection may recommend reasonable measures to a
9 restore the nesting habitat. If such measures are not feasible, the specific requirements of this E
10 subsection do not apply. Restoration of suitable nesting habitat shall be required for unlawfully
11 altered beaches.
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12 (3) Any such dock or walkway shall be designed to the following criteria to minimize adverse
13 impacts on marine turtles: E
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14 a. The structure shall have a minimum horizontal distance of four (4) feet between pilings
15 or other upright members.
16 b. The structure shall have a minimum clearance of two (2) feet above grade.
17 C. If stairs or a ramp with less than the minimum two (2) feet clearance above grade is
18 required, such stairs or ramp shall be enclosed with vertical barriers no greater than two 0
19 (2) inches apart.
20 (4) All outdoor and indoor artificial lighting complies with Sections 12-116 and 12-117.
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21CD
22
23 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
24 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. E
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1 �
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2 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
3 ordinance are hereby repealed to the extent of said conflict.
4 E
5 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 2
6 Agency pursuant to Chapter 163 and 380, Florida Statutes.
7
8 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary
9 of State of Florida, but shall not become effective until a notice is issued by the Florida State Land
10 Planning Agency or Administration Commission finding the amendment in compliance with Chapter
11 163, F.S., and if challenged until such challenge is resolved.
12
13 Section 6. Inclusion in the Land Development Code. The amendment shall be incorporated in C
14 the Monroe County Land Development Code. The numbering of the foregoing amendment may be 2
15 renumbered to conform to the numbering in the Monroe County Land Development Code.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, co
18 at a regular meeting held on the day of 2021.
19
20 Mayor Michelle Coldiron
21 Mayor Pro Tem David Rice 0
22 Commissioner Craig Cates n
23 Commissioner Eddie Martinez
24 Commissioner Mike Forster
25
26
27 BOARD OF COUNTY COMMISSIONERS N
28 OF MONROE COUNTY, FLORIDA
29 E
30
31 BY
32 Mayor Michelle Coldiron co
33
34 (SEAL)
35
36 ATTEST: KEVIN MADOK, CLERK
37
0
38
39
40 AS DEPUTY CLERK
41
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