Ordinance 025-2021 2
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 025 -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
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
22 local legislature of Monroe County, Florida; and
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,
31 separately, buttressing the clarity of the existing/pre-existing legislative and regulatory intent of the
32 sections and subsections of this Land Development Code Chapter; and
33
34 WHEREAS, the Monroe County Planning and Environmental Resources Department
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
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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
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
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
19 3. The proposed amendment(s)is/are consistent with Part II of Chapter 163, Florida Statutes; and
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
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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.
29
30 Section 2. The Monroe County Land Development Code is hereby amended as follows
31 (deletions are stricken through; additions are underlined):
32
33 Sec. 118-1. Purpose of Environmental Performance Standards.
34 It is the purpose of this chapter to provide for the conservation and protection of the environmental
35 resources of*he Fie-i Key- Monroe County by ensuring that the functional integrity of natural areas is
36 protected when land is developed.
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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: Spe ' s of Speeial GeneenRM: those species identified in this Section as
5 reaching Reproductive Maturity at less than four inches diameter at breast height (DBH);(DBH)(DBH); N:
6 Non-listed Native; EX: Exotic; INV: Invasive Exotic; or other status;
7 (4) Number and Size to Remain
8 a. For those species listed as TH/END/RI/&SG, 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), estimate indicate the number of
12 reproductively mature plants to remain on the site -f,_zc;
13 C. For all other native species, estimate indicate the number of plants to remain on the
14 site, a*4 J.4e r„ 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;
18 b. For those species named in this Section as reaching reproductive maturity at less than
19 four (4) inches diameter at breast height—i* tDBHj, indicate the number of
20 reproductively mature plants to be removed regardless e 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.
Common Native Species Reaching Reproductive Maturity at Less Than Four
(4)inches DBH
Beautyberry Callicarpa americana
Cat's claw Pithecellobium unguis-cati
Cockspur Pisonia aculeata
Cocoplum Chrysobalanus icaco
Dahoon holly Ilex cassine
False willow Baccharis angustifolia
Jamaica caper Capparis cynophallophora
Limber caper Capparis flexuosa
Marlberry Ardisia escallonioides
Myrsine Myrsine floridana (cubana)
Randia Randia aculeata
Rougeplant, Rouge bush Rivinia humilis
Saltbush Baccharis halimifolia
Saw palmetto Serenoa repens
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Silver-btA4enweed c-vnvcElrvH:repBccczs-+=ccrS ci�ccezzi
Snowberry Chiococca alba or Chiococca pinetorum
Sffewbeff�' Chioeoeed pine4OFMW
Spanish stopper Eugenia foetida
Tallowood Ximenia americana
White stopper Eugenia axillaris
Wild coffee Psychotria nervosa
1
2
3 (e) Site plan. A site plan identifying the proposed development at a scale of at least one inch equals
4 20 feet or-gr-e4er- showing the location and sizes of the following:
5 (1) all listed threatened and endangered native plants spe ' ; spe es of speeial ,.eneem; and
6 regionally important native plants-peeies;
7 (2) all native plants spee-ie,that reach reproductive maturity at less than four inches DBH, as
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
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
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
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),
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
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.
4 Sec. 118-4. Wetland Open Space Requirements.
5 No development activities eLxcept as provided for in this chapter,no development activities are permitted
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.
12
13 Sec. 118-7. General Environmental Design Criteria.
14
15
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 stleh
18 Mig- tet:, Bird Treaty State or Federal law) shall be preserved to the maximum extent
19 practicable through the configuration of protected natural areas. Habitat includes,
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 eeleriesareas. No habitat of
22 protected species shall be disturbed without prior notification and approval by the County
23 Biologist. Impacts to endangered species habitat that result in a "May Affect" determination
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.
26
27
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
32 plants—,pee-ies; any regionally important native plants—,pee-ies; any native plants spee-ies-that reaches
33 reproductive maturity at less than four (4) inches diameter breast height (DBHJ as identified in
34 Section 118-2(c); and any other native plants spee-ies-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,
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.
3
4
5 Sec. 118-9. Clearing Allowances.
6 (a) Purpose. It is the purpose of this Section to provide for eeprotected areas as a part of a
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
9 development. "r�Upland native vegetation communities shall be considered required open
10 spa�eprotected 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
13 conservation easement running in favor of the County.
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15
16
17 (c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depicted
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
22 of permit application shall be considered to still include upland native vegetation for purposes of
23 determining the amount of 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
26 Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetaed
27 vegetation.
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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
32 order approved prior to January 13,2013, shall be permitted to use the clearing allowances in effect
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 this section 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:
3 (1) All areas of r-e"ir-ed open sr^^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
6 (2) Clearing of native vegetation is limited to the area of approved clearing shown on the approved
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 open ipa-eeprotected
14 natural areas.
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:
17 (1) All required protected natural areas are maintained in their natural
18 condition, including canopy, midstory, understory vegetation, and ground cover. Dead
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
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
25 visible and of durable material such as wood, fabric, wire fencing, plastic safety fencing, or
26 similar types, that provide openings to allow the passage of wind and water through them.
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
29 be no disturbances of the ground surface and vegetation within required eeeprotected
30 natural areas.
31
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 pile suported automobile or pedestrian access to lawfully established dwelling units located
38 on upland areas (as provided in Comprehensive Plan Policy 204.2.4) and utility pilings shall
39 be permitted on or over mangroves, wetlands, and submerged lands, subject to the specific
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I restrictions of this subsection. Trimming and/or removal of mangroves shall meet Florida
2 Department of Environmental Protection requirements.
3
4 (4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged lands
5 except:
6 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads, Seawalls,
7 Riprap) and 118-12(l) (Boat Ramps);
8 b. To fill a manmade, excavated water body such as a canal,boat ramp,boat slip,boat basin
9 or swimming pool if the County Biologist determines that such filling will not have a
10 significant adverse impact on marine or wetland communities provided regulatory
11 approval by the Florida Department of Environmental Protection and the U.S. Army
12 Corps of Engineers is received prior to the commencement of development or
13 construction and/or prior to issuance of a County `Notice to Proceed';
14 C. As needed for shoreline stabilization or beach renourishment projects with a valid public
15 purpose that furthers the goals of the Monroe County Comprehensive Plan,as determined
16 by the County Biologist;
17 d. For bridges extending over salt mafsh r,a/e f btA4,.r..,,.eass 6,&i wetlands that are
18 required to provide automobile or pedestrian access to lawfully established dwelling units
19 located on upland areas within the same property for which there is no alternate means
20 of access. Such bridges shall be elevated on pilings so that the natural movement of water,
21 including volume, rate and direction of flow shall not be disrupted or altered; or
22 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
23 appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of this
24 Section.
25
26 (7) Vegetated buffer required between development and wetlands. Except as allowed in Section
27 118-7 (general environmental design criteria), a minimum vegetated setback of 50 feet shall
28 be maintained as an open space buffer and shall be protected by a grant of conservation
29 easement running in favor of the County for development occurring adjacent to all types of
30 wetlands, with the following exceptions:
31 a. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint
32 of reasonable configuration, then the setback may be reduced to allow for 2,000 square
33 feet of principal structure footprint of reasonable configuration,provided that the setback
34 is not reduced to less than 25 feet.
35 b. On properties classified as scarified adjacent to wetlands, the wetland setback may be
36 reduced to 25 feet, without regard to buildable area, if the entire setback area:
37 1. Is planted and maintained in native vegetation meeting the standards of a class D
38 bufferyard or a bufferyard providing similar protection (Section 114-128
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I Bufferyard standards) with the exception that understory trees may be substituted
2 for canopy trees;
3 2. Contains a site-suitable stormwater management plan approved by the County
4 Biologist; and
5 3. Is placed under a conservation easement.
6 C. The wetland setback required by this subsection shall not apply to mangrove or wetland
7 fringes occurring along manmade canals, channels, or basins.
8 d. The wetland setback required by this Section shall not apply to areas filled in accordance
9 with 118-10(d)(6) where state and/or federal permits estfiet ono f4" to ono devel rmeff
10 aFea e*1yestablish limits of the fill.
11 e. On properties where the wetland is located between the development and water
12 (shoreline),the terms of the grant of conservation easement may be amended to allow up
13 to a four-foot wide (4ft) boardwalk or similar water-access structure to allow access to
14 the water. The terms may only be amended if the County Biologist makes written
15 findings of fact and conclusions of biological opinion that substantiate the need and/or
16 benefits to be derived from the amendment.
17 Sec. 118-11. Environmental Restoration Standards.
18 (a) In the event any land clearing is occurring on a site and such clearing is outside the scope of any
19 permit issued or for which no permit was issued, the Building Official or other authorized County
20 official shall issue a stop work order. If any land clearing has occurred for which no permit has been
21 issued or which is beyond the scope of an issued permit, such activity shall be subject to code
22 enforcement proceedings under Chapter 8. Except for issuance of an approved after-the-fact permit
23 for restoration, the stop work order shall remain in effect and no application for a building permit
24 shall be processed or issued for the site until the violation for unlawful land clearing is corrected
25 pursuant to subsection (b) of this Section.
26
27 (b) A land clearing violation is corrected if all of the following conditions are met in accordance with a
28 restoration site plan approved by the County Biologist:
29 (1) Submission of a restoration plan and site plan showing the location of the restoration plantings.
30 (-1-)(2) The site shall be restored to its pre-violation grade.
31 Native canopy trees, understory and shrubs on the unlawfully cleared site shall be replaced
32 with native plant species as appropriate and
33Lhe site
34
35 etas determined by the County Biologist. Two canopy and four understory trees will be
36 required per 100 square feet of impact. A lesser density of required trees and/or substituting
37 shrubs for understory may be permitted at the discretion of the County Biologist based upon
38 written findings that the reduction is necessary. The replanted canopy, understory and shrubs
39 must be distributed evenly throughout the restoration area(s) and may not be clustered in any
40 one location. Canopy trees shall have a minimum of three inches in diameter at breast height
41 (DBH) or be at least ten feet tall, understory shall be a minimum of five feet tall.
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I
2
3
4
5 .
6
7 The species composition of the restoration plan shall consist of a
8 minimum of 20 percent of the species listed as endangered,threatened, or regionally important.
9 (4)(5) The restoration work to correct the land clearing violation shall be deemed complete after
10 four passed inspections by the County Biologist. An initial restoration planting inspection is
11 required immediately after the installation of the replacement plants and inspections are
12 required annually for two years after the passed initial planting inspection. A final inspection
13 is required at the end of the third year after the initial planting inspection. A final inspection
14 may only be approved provided that three consecutive inspections as described in this section
15 have been approved.
16
17
18
19
20 Biologist.
21 (c) Any violation for land clearing that has been corrected pursuant to subsection(b)of this section shall
22 be subject to the following additional conditions to ensure the growth and viability of the restored
23 habitat:
24 (1)
25 , The restoration area(s) shall be maintained free from all invasive exotic
26 plant species shall be Fe moved 4 least at4eFly ,a,,Fing the throe . o peFied deseFibe,a ,
27 .
28 (2) At least 80 percent of the trees replaced, as described in subsection (b)(3=4-2) of this Section,
29 shall be viable at the end of a three-year period from the date of the€first inspection of the
30 restoration work. Dead or dying trees may be replaced, subject to prior approval by the County
31 Biologist, during the three-year period in order to ensure the 80 percent minimum is met at the
32 end of three years. The Feet F ti r , oFk shall be inspeeted by the Gets� Biologist on
33
34 three yeaF peFi ,,a. The County Biologist may direct that dead or dying trees be replaced as he
35 or she deems necessary to ensure the 80 percent standard will be met at the end of the three
36 years.
37 (d) Failure to meet the conditions of subsection(c) of this Section shall be considered a violation of this
38 Land Development Code and subject to code enforcement proceedings under chapter 8.
39 (e) The permit holder shall may be required through a financial guarantee approved by the Planning
40 Director and the County Attorney, to guarantee the satisfactory completion of the restoration work
41 in accordance with the approved restoration site plan and the survival of at least 80 percent of the
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I replanted trees for a period of at least three years after the issuance of the after-the-fact permit for
2 the restoration work.
3 (1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
4 restoration work described in subsections(b)(1)-(3) of this Section. The estimated costs of the
5 restoration described in subsection (b) of this Section shall be the sum of subsections (e)(1)a.
6 and (e)(1)b. of this Section:
7 a. One-hundred percent of the estimated cost of the restoration described in subsection
8 (b)(24) of this Section as estimated by the County Engineer; or alternatively, 150 percent
9 of the price of a binding contract for the restoration work required by subsection (b)(2-�)
10 of this Section, entered into with a contractor qualified to perform such work.
11 b. One-hundred percent of the estimated cost, as estimated by the Building Official, of
12 performing the restoration work described in subsections (b)( -2) and (b)(4-3) of this
13 Section; or, alternatively, 150 percent of the price of a binding contract for the restoration
14 work described in subsections (b)( -2) and (4-) of this Section, entered into with a state
15 licensed landscape architect.
16 (2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and
17 the County Attorney. The guarantee shall be payable to the county in the amount of the
18 estimated total cost for restoration work as calculated in subsection (e)(1) of this Section, and
19 enforceable, on or beyond a date 36 months from the date of the permit issued for the
20 restoration work. Release of any guarantee shall be conditioned upon final approval by the
21 County Biologist of the restoration work as stipulated in subsection (c)(2) of this Section.
22
23 (3) Default. All guarantees shall provide that if the permit holder failed to complete required
24 restoration work in accordance with the restoration site plan and failed to comply with the
25 requirements of subsection (c)(2) of this Section, the Planning Director in consultation with
26 the County Attorney, may take the following action: inform the guarantee company in writing
27 of default by the permit holder and request that it take necessary actions to complete the
28 required improvements.
29
30 Sec. 118-12. Shoreline Setback.
31
32 (b) Principal structures. Principal structures shall be setback as follows:
33
34 (4) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
35 have been altered by the legal placement of fill:
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I a. And where a mangrove fringe of at least ten feet in width occurs across the entire
2 shoreline of the property,principal structures shall be setback at least 30 feet as measured
3 from the MHW line or the landward extent of the mangroves,whichever is farther inland.
4 b. And where no mangrove fringe of at least ten feet in width exists, principal structures
5 shall be set back at least 30 feet from the MHW line, provided that native vegetation
6 exists or is planted and maintained in a ten-foot width across the entire shoreline as
7 approved by the County Biologist, and is placed under a grant of conservation easement
8 running in favor of the County; otherwise the setback shall be 50 feet as measured from
9 the MHW line.
10 C. A Special Approval for Shoreline Setback Deviation may be requested oOn infill lots
11 surrounded by significant development where principal structures are set back less than
12 50 feet from mean high water (MHW) or the landward extent of mangroves_, tThe
13 Planning and Environmental Resources Director may evaluate the community character,
14 the presence or absence of environmental features, and the setbacks on adjacent
15 developed properties within two parcels on either side of proposed development, and
16 may allow principal structures to be setback as far as practicable or in line with adjacent
17 principal structures.In no event shall the setback be less than 20 feet. On shorelines where
18 the existing pattern of setback is greater than 30 feet, the greater setback shall apply.
19
20
21 (f) Enclosed structures and gazebos. No enclosed structures, other than a dock box of five feet or less in
22 height, a screened gazebo, and a screen enclosure over a pool or spa, shall be allowed within the
23 shoreline setback. Gazebos must be detached from any principal structure on the parcel. No decks or
24 habitable spaces shall be constructed on the roof of any gazebo. Any individual gazebo within the
25 shoreline setback shall not exceed 200 square feet in area and the highest portion of the roof shall be
26 no more than 12 feet above grade. Screen enclosures over pools shall not exceed 12 feet in height.
27 Multiple gazebos within the shoreline setback shall be a minimum of 10 linear feet from each other.
28
29
30 (k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted,provided that:
31 (1l Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
32 demonstrated that their purpose is necessary for erosion control. Any attachments to seawalls
33 or bulkheads, such as davits, cleats, and platforms, or any other elements that constitute
34 docking facilities shall not be allowed except as accessory to a principal use. Seawalls without
35 a principal use may have a cap of keno more than two feet in width,: 4h etA being eenside o a
36 adee .
37 (-I-)(2) Existing grade landward of the bulkhead shall be at least six inches lower than the top of
38 the bulkhead.
39 (-2)(3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
40 shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads shall
41 be permitted only if native vegetation and/or riprap and filter cloth is not a feasible means to
BOCC Ordinance 025-2021 Page 12 of 21
File 42019-184
I control erosion. No new seawalls, bulkheads, or other hardened vertical structures shall be
2 permitted on open water.
3 (-3�)(4) Lawfully eL-xisting, deteriorated seawalls and bulkheads may be
4 repaired and/or replaced and are exempt from the nonsubstantial improvements limitations
5 except on known or potential sea turtle nesting beaches. Repairs and/or replacements must
6 maintain the existing footprint to the maximum extent practicable.
7 (4)L ) Whenever feasible, riprap, bulkheads, retaining g walls and seawalls should be placed
8 landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
9 aquatic biotic communities shall be preserved to the maximum extent possible.
10 (5-)(6) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
11 energy and provide substrate for marine organisms.
12 (-6)(71 No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted
13 on or waterward of any portion of any beach berm complex that is known to be or is potential
14 nesting area for marine turtles as determined by the County Biologist, the state, and/or other
15 appropriate agencies. Within known or potential nesting areas, the County Biologist may, in
16 cooperation with the Florida Department of Environmental Protection, determine that specific
17 segments of shorelines have been previously lawfully altered to such a degree that suitable
18 nesting habitat for marine turtles is no longer present. In such cases, the County Biologist in
19 cooperation with the Florida Department of Environmental Protection may recommend
20 reasonable measures to restore the nesting habitat.If such measures are not feasible,the setback
21 requirements of this subsection do not apply. Restoration of suitable nesting habitat shall be
22 required for unlawfully altered beaches.
23 (-7)(81 Beach renourishment projects on open water may be approved only upon a determination
24 by the County Biologist that the project has a valid public purpose that furthers the goals of
25 the Monroe County Comprehensive Plan.
26 (-8)(9) All such projects shall require state and/or federal permits prior to the commencement of
27 development or construction and prior to the issuance of a county `Notice to Proceed.'
28
29 (m) Docking facilities. Docking facilities shall be permitted,provided that:
30 (1) Permit. All required permits from the Florida Department of Environmental Protection and
31 Army Corps of Engineers shall be obtained prior to commencement of construction and/or
32 issuance of a County permit or `Notice to Proceed.'
33 (2) Width. Docks shall not exceed ten percent (10%) of the width of the waterbody as measured
34 laterally across the waterbody from the point of mean low water (MLW) of the proposed
35 location of placement, prior to construction of any dock, to the opposing point of mean low
36 water,prior to construction of any dock. The County Biologist shall use the best available data
37 to determine the point of MLW prior to construction of docks. Along open water shorelines
38 adjacent to manmade waterways where no breakwater, rip-rap, or structure(s) exists along the
39 outside of the waterway, the opposing point of mean low water shall be measured as the edge
40 of the lawfully dredged area.
41 (3) Setback Requirements. No vessel shall be moored or docked or otherwise secured to a mooring
42 facility in such a way that the vessel extends beyond the side property lines (including the
43 property line as extended into the water perpendicular to the shore).
BOCC Ordinance 025-2021 Page 13 of 21
File 42019-184
I a. Davits shall be set back from the side property lines (including the property line as
2 extended into the water perpendicular to the shore) the same distance as the required
3 principal structure setback on the property or five feet(5ft), whichever is greater, except
4 that one (1) davit support may be located within five feet (5ft) of the property line
5 provided the davit arm is designed to swing to the interior of the property.
6 b. Elevator lifts shall be set back a minimum of 7.5 feet from the side property lines
7 (including the property line as extended into the water perpendicular to the shore), except
8 that personal watercraft lifts with a maximum capacity of 1,500 pounds shall be set back
9 a minimum of five (5) feet from the side property lines (including the property line as
10 extended into the water perpendicular to the shore).
11 C. Floating boat lifts and vessel platforms shall be set back from the side property lines
12 (including the property line as extended into the water perpendicular to the shore) a
13 minimum of 10 feet, if installed laterally and a minimum of five (5) feet, if installed
14 perpendicular to the shoreline, so as not to create a navigational hazard.
15 d. 4-post hoists/cradle lifts shall be permitted on parcels that are a minimum of 70 feet wide
16 and are located on manmade waterways that are 60 feet wide or greater. 4-post
17 hoists/cradle lifts shall be set back a minimum of 7.5 feet from the side property lines
18 (including the property line as extended into the water perpendicular to the shore). 4-post
19 hoists/cradle lifts shall also be permitted on parcels located on open water shorelines (not
20 adjacent to manmade canals, channels, or basins), and if installed perpendicular to the
21 shoreline shall be set back a minimum of five (5) feet from the side property lines
22 (including the property line as extended into the water perpendicular to the shore).
23
24 (6) Required conditions. Any docking facility shall meet the following conditions:
25 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
26 (recycled plastic, concrete) or be wrapped with impermeable plastic or PVC sleeves.
27 Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter thickness and
28 shall extend from at least 6 inches below the level of the substrate to at least 2 feet above
29 the mean high water line.
30 a-.b_Docking facilities that do not terminate over seagrass beds or hardbottom communities
31 must have at least four feet(4ft) of water depth at MLW at the terminal end of the docking
32 facility, and continuous access to open water. A benthic survey shall be submitted to
33 document the presence or absence of seagrass beds and/or hardbottom communities;
34 b-.c_A docking facility that extends across a full ten percent of the width of any body of water
35 may terminate in water less than four feet 4ft at MLW if this water depth occurs within
36 five horizontal feet of the terminal end of the docking facility such that the centerline of an
37 average vessel will rest in water of adequate depth, and continuous access to open water is
38 available;
39 c—d_Docking facilities may be developed on the shoreline of lots in a subdivision that was
40 approved before September 15, 1986, if the docking facility is located in a channel or canal
41 that was dredged before September 15, 1986, and if there is a MLW depth of at least four
BOCC Ordinance 025-2021 Page 14 of 21
File 42019-184
I feet 4ft at the terminal end of the docking facility. Such docks shall not exceed ten percent
2 of the width of the channel or canal; and
3 d-e.Docking facilities that terminate over seagrass beds or hardbottom communities may only
4 be permitted when the water depth at the terminal platform is at least four feet Oft above
5 the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms at MLW
6 and continuous access to open water of navigable depth is available. The height of pier
7 type docks over benthic biological resources shall be a minimum of 5 feet above mean high
8 water (MHW) as measured from the top surface of the decking, and the total size of the
9 platform shall be limited to 160 square feet. The configuration of the platform shall be a
10 maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot
11 height_ requirement, a 3 feet by 20 feet section may be placed 3 feet above MHW to
12 facilitate boat access. A benthic survey shall be submitted to document the presence or
13 absence of seagrass beds and/or hardbottom communities. A bathymetric survey shall be
14 submitted to document the water depth at the terminal end of the pier and/or platform and
15 to ensure that continuous access to open water of navigable depth is available. All such
16 projects shall require approval by the Florida Department of Environmental Protection and
17 the U.S. Army Corps of Engineers prior to commencement of construction or issuance of
18 a County `Notice to Proceed.'
19
20 (13) Marginal docks. On shorelines landward of a seawall,revetment or manmade canal or channel,
21 a dock may run the entire length of the shoreline,parallel to the water's edge,provided that:
22 a. The dock shall not exceed eightwidth(8) feet in width or ten p(8) feet in width or ten percent of the width of the
23 waterbody as required in Section I 8-12(m)(2), whichever is less;
24 a-.b_The landward edge of the dock is located entirely on the upland shoreline and no walkway
25 is needed to provide access to the dock;
26 b-.C_All portions of the dock that extend over submerged lands are cantilever beam or pile
27 supported;
28 Ed_The dock is located so as to avoid or minimize covering or impacting wetland vegetation
29 or a mangrove fringe of more than ten (10) feet in width;
30 d-.e_No 4-post hoists/cradle lifts shall be permitted on marginal docks located on altered
31 shorelines adjacent to manmade canals, channels, and basins, unless located in a cut-in
32 slip, or on a lot having a minimum of 70 feet of shoreline and where such manmade canal,
33 channel, or basin has a minimum width of 60 feet, as measured from MLW to MLW
34 prior to construction.
35 (14) T-style docks. Any dock with a walkway perpendicular to the shoreline, such as a "T" or "L"
36 dock, shall be designed as follows:
37 a. The portion of the dock parallel to the shoreline (whether floating or stationary) may run
38 the entire shoreline length of the parcel and shall not exceed eight (8) feet in width or
39 ten percent of the width of the waterbody as required in subsection (m)(2), whichever is
40 less.
BOCC Ordinance 025-2021 Page 15 of 21
File 42019-184
I b. The dock and walkway shall be located so as to avoid or minimize covering wetland
2 vegetation or mangroves.
3 C. The walkway connecting the dock to the shore shall not exceed four feet in width. One
4 such walkway shall be allowed for every 100 feet of shoreline length or fraction thereof
5 (for example, 75 feet of shoreline may have one walkway and 101 feet of shoreline may
6 have two).
7 d. Where a mangrove fringe of more than ten(10)feet in width or wetland vegetation exists
8 along the shoreline and a "T" or "L" style dock would extend over more than ten percent
9 of the width of the waterbody, the County Biologist will coordinate with the Florida
10 Department of Environmental Protection and the U.S. Army Corps of Engineers to
11 evaluate an alternative design. Such alternative design shall only have the minimum
12 deviations from this subsection to address this unique situation. if a fn g- ve f inge e
13 mer-e�ha*te*(10) feet i*wi&h will be r-emeved,�he deek shall *et e*te*d mer-e�hff
14 feet-along�he shetekne-. On shorelines exceeding 100 feet in length, one such dock shall
15 be allowed for every 100 feet of shoreline.
16 (15) Pier type docks. Pier type docks shall be permitted provided that:
17 a. Such structures are oriented approximately perpendicular to the shoreline;
18 b. Such structures are located in an existing break in the mangroves or shoreline vegetation;
19 however, if no such break exists, a walkway no more than four(4) feet in width, may be
20 cut through the mangroves or shoreline vegetation;
21 C. Such structures are located such that no portion of the dock (including the terminal
22 platform and mooring facilities) is less than five (5) feet from the side property lines as
23 extended into the water perpendicular to the shore;
24 d. Such structures do not exceed four (4) feet in width, except for a terminal platform, as
25 allowed by subsection (m)(15)f,
26 e. Such structures are no longer than twice the linear shoreline frontage of the parcel or 100
27 feet, whichever is less. For purposes of this subsection (m)(15)e., dock length shall be
28 measured from MLW out to the waterward extension of the dock. A special exception
29 may be granted by the Planning and Environmental Resources Director to allow the
30 minimum relaxation of this length restriction as is necessary to provide the upland owner
31 with access to adequate water depths specified for docking facilities. Such special
32 exceptions shall only be granted based on a written determination that, among other
33 criteria, the proposed dock will not be inconsistent with community character, will not
34 interfere with public recreational uses in or on adjacent waters, and will pose no
35 navigational or safety hazard. At least 30 calendar days prior to the issuance of a county
36 permit issued under such a special exception,the Planning and Environmental Resources
37 Director shall ensure that shoreline property owners within 300 feet of the subject parcel
38 are notified by regular mail of the proposed special exception in order to allow an
39 opportunity for appeal; and
40 f. If proposed, the terminal platform is no wider than eight (8) feet in one dimension and
41 does not exceed a total of 160 square feet in area. The terminal platform shall be
42 constructed of grated materials to allow the maximum amount of sunlight infiltration to
43 the water under the platform. The terminal platform may include stairways for swimming
44 access, provided that all stairways are contained within the square footage allowed for
BOCC Ordinance 025-2021 Page 16 of 21
File 42019-184
I the terminal platform. The terminal platform may include a non-enclosed gazebo that
2 does not exceed 100 square feet in area and the highest portion of the roof shall be no
3 more than 12 feet above the decking or terminal platform level.
4 (n) Water access structures. The following specific types of structures, or portions thereof, extending
5 over mangroves,wetlands, or submerged lands,shall be permitted only on shorelines of water bodies
6 other than manmade canals, channels, and basins. All required permits from the Florida Department
7 of Environmental Protection and the Army Corps of Engineers shall be obtained prior to
8 commencement of construction or issuance of a County `Notice to Proceed.'
9 (1) Water access walkways. Water access walkways shall be permitted provided that such
10 structures are:
11 a. Oriented approximately perpendicular to the shoreline;
12 b. Designed to terminate in water no deeper than twelve (12) inches at MLW or extend
13 farther than ten feet from the waterward extent of mangroves;
14 C. Designed so that the decking is elevated at least two (2) feet above MHW, except for a
15 ramp or stair section at the waterward end which must be limited to no more than ten(10)
16 foot long;
17 d. Do not exceed four(4) feet in width and do not include a terminal platform or gazebo or
18 roof structures;
19 e. Designated by signs of at least one square foot each to be placed on each side of the
20 structure that states "No Mooring of Motorized Vessels Allowed"; and
21 f. Designed not to terminate over seagrasses or hardbottom communities.
22 (2) Water observation platforms. Water observations platforms shall be permitted provided that
23 such structures are:
24 a. Oriented approximately perpendicular to the shoreline;
25 b. Designed to terminate in water no deeper than six (6) inches at MLW or begin the
26 terminal platform no farther than ten (10) feet beyond the waterward extent of
27 mangroves;
28 C. Designed so that the top of the decking, including the terminal platform,must be elevated
29 at least five (5) feet above MHW, except for a ladder or steps that may be added for
30 swimming access only in the absence of seagrasses or hardbottom communities;
31 d. Designed with a terminal platform that does not exceed 160 square feet, inclusive of any
32 steps or ladder. The terminal platform shall be constructed of grated materials to allow
33 the maximum amount of sunlight infiltration to the water under the platform. The
34 terminal platform may include a non-enclosed gazebo that does not exceed 100 square
35 feet in area and the highest portion of the roof shall be no more than 12 feet above the
36 decking or terminal platform level; and
37 e. Shall be designed with handrails and designated by signs of at least one square foot each
38 to be placed on each side of the structure that states "No Mooring of Motorized Vessels
39 Allowed."
40 (o) Special approvals.
BOCC Ordinance 025-2021 Page 17 of 21
File 42019-184
1 (1) For accessory structures serving commercial uses, public uses, or more than three dwelling
2 units, the Planning and Environmental Resources Director or the Planning Commission may
3 approve deviations from the requirements of the subsection above as part of a minor or major
4 conditional use permit. Such approval may include additional structures or uses,provided that
5 such approval is consistent with any permitted uses, densities, and intensities of the land use
6 (zoning) district, furthers the purposes of this Section, is consistent with the general standards
7 applicable to all uses, and the proposed structures are located in a disturbed area of an altered
8 shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways,
9 public monuments or statues, informational kiosks, fuel or septic facilities, and water-
10 dependent marina uses. Any such development shall make adequate provision for a water
11 quality monitoring program for a period of five (5) years after the completion of the
12 development.
13 (2) For accessory structures serving three or fewer dwelling units the Planning and Environmental
14 Resources Director may approve designs that address unique circumstances such as odd shaped
15 lots or shorelines,even if such designs are inconsistent with the above standards. Such approval
16 may be granted only upon the Planning Director's written concurrence with the applicant's
17 written finding that the proposed design furthers the purpose of this Section and the goals of
18 the Monroe County Comprehensive Plan. Only the minimum possible deviation from the
19 above standards will be allowed in order to address the unique circumstances. No such special
20 approval will be available for after-the-fact permits submitted to remedy a code enforcement
21 violation.
22
23 (p) Requirements for marine turtle nesting areas. Notwithstanding the provisions of subsection (o) of
24 this Section, no development other than pile-supported docks and walkways designed to minimize
25 adverse impacts on marine turtles shall be allowed within 50 feet of any portion of any beach berm
26 complex that is known to be or is a potential nesting area for marine turtles. Beaches known to serve
27 as nesting areas for marine turtles are those areas documented as such on the County's threatened
28 and endangered species maps and any areas for which nesting or nesting attempts ("crawls") have
29 been otherwise documented. Any development shall comply with Sections 12-114 through 12-120.
30 (1) The 50-foot setback shall be measured from either the landward toe of the most landward beach
31 berm or from 50 feet landward of MHW, whichever is less. The maximum total setback shall
32 be 100 feet from MHW.
BOCC Ordinance 025-2021 Page 18 of 21
File 42019-184
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5 (2) Within known or potential nesting areas for marine turtles, as determined by the County
6 Biologist, the state, and/or other appropriate agencies, the County Biologist may, in
7 cooperation with other appropriate agencies, determine in writing that specific segments of
8 shorelines have been previously lawfully altered to such a degree that suitable nesting habitat
9 for marine turtles is no longer present. In such cases,the County Biologist in cooperation with
10 the Florida Department of Environmental Protection may recommend reasonable measures to
11 restore the nesting habitat. If such measures are not feasible, the specific requirements of this
12 subsection do not apply. Restoration of suitable nesting habitat shall be required for unlawfully
13 altered beaches.
BOCC Ordinance 025-2021 Page 19 of 21
File 42019-184
1 (3) Any such dock or walkway shall be designed to the following criteria to minimize adverse
2 impacts on marine turtles:
3 a. The structure shall have a minimum horizontal distance of four (4) feet between pilings
4 or other upright members.
5 b. The structure shall have a minimum clearance of two (2) feet above grade.
6 C. If stairs or a ramp with less than the minimum two (2) feet clearance above grade is
7 required, such stairs or ramp shall be enclosed with vertical barriers no greater than two
8 (2) inches apart.
9 (4) All outdoor and indoor artificial lighting complies with Sections 12-116 and 12-117.
10
11
12 Section 3. Construction and Interpretation. This ordinance and its interpretation shall be
13 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
14 policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County
15 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
16 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this
17 ordinance shall be liberally construed and enforced in favor of Monroe County to effectuate its public
18 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such
19 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
20 at trial, bankruptcy, and on appeal.
21
22 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
23 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
24 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
25 liability.
26
27 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is
28 held to be invalid or unenforceable by any administrative hearing officer or court of competent
29 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
30 neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance,
31 or any remaining part(s)or portion(s)thereof.All other provisions of this ordinance, and remaining part(s)
32 or portion(s)thereof, shall continue unimpaired in full force and effect.
33
34 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
35 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
36 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
37
38 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
39 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
40
41 Section 8. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
42 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida State
BOCC Ordinance 025-2021 Page 20 of 21
File 42019-184
1 Land Planning Agency or Administration Commission finding the amendment in compliance with
2 Chapter 163,F.S., and if challenged until such challenge is resolved.
3
4 Section 9. Inclusion in the Land Development Code.The amendment shall be
5 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
6 amendment may be renumbered to conform to the numbering in the Monroe County Land Development
7 Code.
8
9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
10 at a regular meeting held on the 15th day of September, 2021.
11
12 Mayor Michelle Coldiron Yes
13 Mayor Pro Tern David Rice Yes
14 Commissioner Craig Cates Yes
15 Commissioner Eddie Martinez Yes
16 Commissioner District V Vacant
17
18
19 X �� BOARD OF COUNTY COMMISSIONERS
20 ,E OF MONROE COUNT - _: '_
%Ul €&IIZr
231. ' r=; h, B
241 y , Mayor Michelle Coldiron
25-°° r At �v
26 ' EAL) i
27 MONROE CO r ATTORNEY
28 ATTEST: KEVIN MADOK, CLERK APP TO FORM
29
3130 �
......4/14...„4,44,
32 As Deputy Clerk PETER MORRIS
33 ASSISTANT COUNTY Ar roRNaY
Date: 9/22/21:.
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BOCC Ordinance 025-2021 Page 21 of 21
File#2019-184
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The Florida Keys Only Daily Newspaper,, Est. 1876
PO Box 1800,Key West FL 33041
F(305}292.7777 ext.219 F l3O5)295-6025
fegels@keysnews Corn
MONROE CO PLANNING CREPT
11L RRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO EL 33037
Account: 423741 Ticket: 3810051
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.tex ]
COUNTY OF MONROE
Before the undersigned authority personally appeared
��.- �� '�`. V4.. ,who on oath sags that he or she is
L_G - of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County Florida that the attached
copy of advertisment,bung a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,August 29,2021
Aff ant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement,and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the purp,6er,of securing this advertisement for publica-
ti the salgl:,ne"paper. f
r
(Signature of Affiant)
t$fine, n s lb before me this 3rd day of September 2021
( ry ublii Si t
R �
(Notary P lic Printed Name) (Notary Seal)
My commission expires
Personally Known X Produced identification
Type of Identification Produced
Sue
k: i' r,� Nnn Stamper
4
�: EXPIRES: June 27, 2022
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS '
NOTICE OF PUBLIC MEETING' AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE
MONROE COUNTY LAND
NOTICE 1S HEREBY GIVEN that on Wednesday, September'Ire,2021 the Monroe County Board of
County Commissioners will hold a Public Meeting,beginning at E9 .TheOCC meeting will be a
ilytwrid format with the County Commission members meeting Vivo In Key Large.The public will be aNe to
Participate Via Zoom 4Mebnar.The following items will be considered at a PUBLIC MEETING
PUBLIC HEARING&1:34 PM for as soon thereafter as may be heard):
AN GROI NU-15-y T H- M1ONRQE O '.l ., m. ARO.OP... U . O — ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND, CHAPTER 114,
ARTICLE i, SECTION 114-2 '"LEVEL OF SERVICE STANDARDS" TO UPDATE STORMWATER QUALITY
PERFORMANCE STANDARDS-, SECTION 114-3 "SURFACE WATER MANAGEMENT CRITERIA" TO
REQUIRE NET IMPROVEMENT IN STORMWATER QUALITY WHILE PROVIDING FLEXIBILITY IN ACHIEVING
STORMWATER QUALITY STANDARDS AND PROVIDE UPDATES TO THE STORMWATER MANUAL AND
LAY'MAN'S BROCHURE TO INCORPORATE NEW APPROACHES FOR MANAGING STORMWATER,
SECTION 114-13 "FENCES" TO REFINE CODE LANGUAGE TO BETTER CLARIFY REQUIREMENTS
AND PROVIDE CRITERIA FOR RETAINING WALLS; CHAPTER 114, ARTICLE IV "LANDSCAPING" TO
REFINE CODE LANGUAGE TO BETTER CLARIFY REQUIREMENTS AND UPDATE LISTS OF SPECIES
SECTION 11 -1 3 ''WATERFRONT LIGHTING" TO REFINE CODE LANGUAGE TO BETTER CLARIFY
REQUIREMENTS;TS;AND SECTION 114-1 "'NONGONFO RMIING LIGHTING"TO REFINE CODE LANGUAGE
TO BETTER CLARIFY REQUIREMENTS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT To AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE:PROVIDING FOR AN EFFECTIVE`DATE, (FILE 2919-183)
AN R'OI I+CE B T CNR0E CO ARC F.CQUIllir_C "S410—N ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND CHAPTER Ila
TO ELIMINATE REDUNDANT OR OBSOLETE TEXT, REFINE CODE LANGUAGE TO BETTER CLARIFY
REGULATORY INTENT FOR THE BENEFIT OF THE REGULATED COMMUNITY AND COUNTY STAFF, I
AND UPDATE LISTS OF SPECIES; PROVIDING FOR SEVERABILIT PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STAGE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE,,PROVIDING FOR AMENDMENT TO,AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-184)
CH tIPE wRKER 95s A RESOLUTION OF THE MONROE LINTY
BOARD OF COUNTY COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A TEM c;BY
CONSTRUCTION STAGING AREA FOR A CANAL RESTORATIONIWATER QUALITY IMPRIOVIF i6N
PROJECT AT PROPERTY LEGALLY DESCRIBED AS ALIT 1 AND E.3 FEES`OF LOT 2,RAE'S CUDA CAS
SUBDIVISION KEY LARGO, PLAT ROOK 3, PAGE 139; HAVING PARCEL IDENTIIFICATI iN NUMBER
00483470 .(FILE2021-122)
70 QR ImA C). K411-F illy A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A"TEMPORAFY
CONSTRUCTION STAGING ,AREA FOR A CANAL. RESTORATION,'WiiATER QUALITY IMPROVEMENT
PROJECT AT,PROPERTY LEGALLY DESCRIBED AS LOT 10, RAE$CUDA CANAL SUBDIVISION, KEY
LARGO,PLAT BOOK%PAGE 18E;HAVING PARCEL IDENTIFICATION NUMBER 35E4-099990.(FILE
21021-1 3)
Please visit the Monroe County';Wabsita at epq tl4edv to me Ling ag lda ates
and information regarding:the v rlous spt3rons available to the public to view the live meeting)end/orto
make Public comments on certain agenda Item&
Pursuant to Sec0on 286,0105 Honda Statutes,it a parson decides to appeal any decision of the Board of
County Commissioners,with respect to any r atter considered at the meeting orhearin ,ho or she ww di need o
record of the proceedings,and that,for suchouapose,hoorshemaynoodtoonsuma verbatim record of the
proceedings is made,which record Includes the,testimony a evidence upon which the appeal is to be basad.
ADA ASSISTANCE.,It you area parson owi a di bid who needs special acobrrrtrtoolatlorrsIn order
to r 1psrtejlrr this ; ee tact the County'Adtrtinistrator's OM ds,hyphening, i
#.between the hours of a.m.-a,00 , .,no later there five()calendar days prior^to the
sch fingl if you are hearing or voke Impaired,call"711."
r r 8,20211 KEY"VAST OMEN
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�pR GoORtQ�11�
./;;;.- -4... '4, Kevin Madok, .cPA
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........ '.; Clerk of the Circuit Court&Comptroller_Monroe County, Florida
September 28, 2021
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 025-2021 amending Monroe County
Land Development Code Chapter 118 to eliminate redundant or obsolete code text; to
complement the clarity of existing/pre-existing legislative and regulatory intent; to update
Monroe County species lists; providing for repeal of conflicting provisions;providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for
amendment to and incorporation in the Monroe County Land Development Code; providing for
an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on September 15, 2021. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 29, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 025-2021, which was filed in this office on September
28, 2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. DEO-21-042
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION M'4)17A. `r'
ADOPTED BY MONROE COUNTY, FLORIDA, b` c
ORDINANCE NO. 025-2021 _
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 025-2021
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 025-2021 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on September 15, 2021 and
rendered to the Department on October 18, 2021.
3. The Ordinance amends the Monroe County Land Development Code(the"Code")
Chapter 118,Environmental Protection,to eliminate redundant language, clarify regulatory intent,
and update the existing plant species lists. Additionally, the Ordinance incorporates specific
environmental restoration standards when land clearing violations occur. The Ordinance also
amends dock construction standards to protect nearshore waters from harmful chemicals and to
allow maximum sunlight to reach biological resources in the water.
1
Final Order No. DEO-21-042
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies
202.4.1, 203.1.1, 203.1.2, 203.2.2, 203.3.2, 203.5.1, 203.5.2, 204.2.1, 204.2.2, 204.2.3, 204.2.4,
205.2.13, 212.2.1, 212.2.2, 212.2.3, and 212.2.4.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
2
Final Order No. DEO-21-042
(e) Limiting the adverse impacts of development on the quality of water
throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the
natural environment, and ensuring that development is compatible with the unique
historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(k) Limiting the adverse impacts of public investments on the environmental
resources of the Florida Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.025-2021 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
es D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-21-042
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-21-042
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true
cand correct copies have been furnished to the
following persons by the methods indicated this 1 b �41 day of O€CtiY1 h , 2021.pJ iden Foss
ieta/14, ,e),/
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron,Mayor
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5