10/19/2000
Ca....;RK'S ORIGINAL
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE FLORIDA DEPARTAMENT OF COMMUNITY AFFAIRS
AND MONROE COUNTY
FOR A COORDINATED PERMIT REVIEW PROCESS FOR DEVELOPMENT
This modification to the Memorandum of Dnderstanding ("MOD") is being entered
into by and between the State of Florida Department of Community Affairs ("DCA") and,
Monroe County ("COUNTY") to provide better coordination between DCA and the
COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the
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Monroe County Comprehensive Plan and land development regulations, as t~smJie ai5
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applicable to the COUNTY.
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WHEREAS, the COUNTY is within an area that has been declared an Area of
WITNESSETH
Critical State Concern pursuant to Section 380.05 and 380.0552, Florida Statutes, and has
adopted a comprehensive plan and land development regulations, approved by the State as
required by law; and,
WHEREAS, the COUNTY is required to issue development orders only in
conformity with its approved comprehensive plan and land development regulations; and,
WHEREAS, DCA is authorized to appeal development orders to the Florida Land
and Water Adjudicatory Commission when DCA determines that the development order was
issued inconsistent with the Comprehensive Plan, land development regulations and
Principles for Guiding Development; and,
WHEREAS, DCA is the state land planning agency authorized to administer the
provisions of Chapter 380, Florida Statutes, and has promulgated rules in Chapter 9J-1,
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Florida Administrative Code (F.A.C.), to provide for the form and manner of the renditions
of development orders issued by local governments within Areas of Critical State Concern;
and,
WHEREAS, DCA as provided in Rule 9J-1.002(3), F.A.C., does hereby exempt
certain categories of COUNTY development orders from DCA review; and,
WHEREAS, DCA and the COUNTY do mutually agree as follows:
1. Exemptions.
A. DCA as provided in Rule 9J-1.002(3), F.A.C., does hereby exempt
certain categories of COUNTY development orders from DCA review.
B. The exemption is for development orders which are properly issued by the
COUNTY in accordance with its comprehensive plan and land development
regulations, and applies to the following types of development orders:
(1) New construction, expansion of the footprint of existing structures, or
impervious surfaces, on lots or parcels in Improved Subdivisions which
do not involve encroachment into disturbed wetlands, undisturbed
wetlands, beach berm habitat, or native habitat and which are not located
on open shorelines.
(2) New construction or expansion of accessory residential structures, on
scarified lots outside of Improved Subdivisions. *
(3) Expansion, replacement or restoration of single family dwellings or
mobile homes involving no increase in density, provided that the setbacks
to the shoreline or wetlands are not further encroached.
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(4) Interior and exterior alterations, renovations or repair to existing structures
and their appurtenances and attachments.
(5) Electrical, plumbing and mechanical permit activity.
(6) Slabs and enclosures under existing structures, except those located in
both disturbed and undisturbed wetlands or beach berm habitats.
(7) Installation/repair or replacement of paver or concrete driveways with no
encroachment into wetland or shoreline setbacks.
(8) Demolition activity.
(9) All permits issued in accordance with an approved conditional use
development order.
(10) Installation, replacement or repair of rip rap revetments, sea-walls, boat
ramps, and parallel docks; and docks over 500 square feet in area with an
appropriate federal and state permit.
(11) Installation, replacement or repair of dock pilings, dolphin piles, boat lifts,
davits, davit pads and dock caps.
(12) Maintenance dredging.
(13) Fences other than on Big Pine Key or No Name Key.
(14) Containment walls around existing above-ground fuel tanks and
monitoring wells.
(15) Tree pruning, cutting, and removal outside of native habitat areas and
clearing of invasive exotic plant species.
Page 3 of?
(16) Temporary structures and uses which do not involve encroachment into
disturbed wetlands, undisturbed wetlands, beach berm habitat, or native
habitat and which are not located on open shorelines.
(17) Signage that does not require access through wetlands.
(18) Permits issued for life, safety and validated emergencies.
* The Department waives the right to appeal permits which fall under permit
exemption number two (2), however, as a condition ofthis agreement all
permits in this category must be submitted to the Department for monitoring
purposes for a period of three (3) months following the effective date of this
MOD. At the end ofthe three (3) month review period, the Department will
then re-evaluate whether any further submissions are needed.
II. Notice to Permittees and Cooperation.
A. With the exception of development orders exempted in Section I. above, the
COUNTY agrees to imprint all permits and development orders with cautionary
language stating that pursuant to Chapter 9J-1, F.A.C., the permit or development
order is not effective for forty-five (45) days after it has been properly rendered
to the DCA, that within the forty-five (45) day review period the DCA can appeal
the permit or development order to the Florida Land and Water Adjudicatory
Commission, and that such an appeal stays the effectiveness of the permit or
development order until the appeal is resolved by agreement or order. Permittees
shall also be advised of the applicable appeal period under the Monroe County
Land Development Regulations.
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B. The COUNTY agrees to consult with the DCA on any permits for development
on all lots or parcels on open water affected by altered and unaltered shoreline
setbacks that have not been mutually designated as to their altered or unaltered
status prior to the COUNTY approving the permit for issuance.
III. Modification.
Modification to the MOD shall be valid only when reduced to writing and duly
signed by both parties.
IV. Miscellaneous.
If any term or provision of this Memorandum of Dnderstanding shall be invalid or
unenforceable to any extent, the remaining terms and provisions shall not be affected
thereby; and each remaining term and provision shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms and provisions would prevent the accomplishment of the original
intent of the agreement between the parties.
V. Terminations.
Either party may terminate this MOD at any time, with or without cause. Termination
shall take effect within thirty (30) days, after receipt of written notification as
evidenced by a certified mail return receipt.
VI. Notification.
Notification to the DCA shall be directed to the Area of Critical State Concern
Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100 with a copy to the field office. Notification to the
COUNTY shall be directed to the Mayor, Monroe County Board of County
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Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key West,
Florida 33040 with a copy to the Director of Growth Management, Monroe County
Growth Management Division, 2798 Overseas Highway, Suite 400, Marathon,
Florida 33050-2227.
VII. Effective Date.
This Memorandum ofDnderstanding shall become effective upon execution by both
parties, and shall end upon the termination of the Florida Keys Area of Critical State
Concern designation, unless terminated earlier according to Section IV above.
VIII. Replacement of Previous MOD.
This MOD supersedes and replaces the permit exemption MOD between the DCA
and COUNTY signed by the DCA on March 23,1995.
THE REMAINDER OF THIS PAGE IS LEFT DELIBERA TEL Y BLANK.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding.
By:Ao.L.J~. lSlu')t~
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:~~-F~
MAYOR/CHAIRMAN
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DATE:
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ENT OF
BY:
Approved for Legal Sufficiency:
By:..~tjJ~
Date: 1//21/ () 0
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