03/02/1989 Special
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Public Hearing/Special Meeting
Board of County Commissioners
Thursday, March 2, 1989
Key Colony Beach
A Special Meeting/Public Hearing of the Monroe
County Board of County Commissioners convened at 9:00 a.m.
on the above date at the Key Colony Beach City Hall in Key
Colony Beach. Present and answering to roll call were
Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton,
Commissioner John Stormont, and Mayor Michael Puto. Absent
from the meeting was Commissioner Douglas Jones. Also pre-
sent were Danny L. Kolhage, Clerk1 Garth Coller, Assistant
County AttorneY1 Donald Craig, Director - Growth Management
Division1 members of the County Planning Staff1 members of
the Press and Radi01 and the general public.
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Garth Coller, Assistant County Attorney, addressed
the Board concerning procedures and the provisions of the
law concerning those who wished to produce a record for
possible appeal.
Donald Craig, Division Director/Growth Management,
addressed the Board concerning the process to be followed in
the Amendment Hearings.
PD 106 Amending Section 9.5-267, Monroe County Code,
in order to provide for the inclusion of the Urban Mobile
Home-Limited Land Use Districct, Allocated Density, Maximum
Net Density, and Open Space Ratio requirements1 TO READ AS
FOLLOWS:
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"Sec. 9.5-267. Maximum Hotel-Motel, Recreational
Vehicle and Institutional Resi-
dential Densities.
Maximum
Allocated Net Density
Density (Rooms/
Land Use (rooms/ buildable
District and Use acre) ac re ) O.S.R. *
Urban Commercial:
Hotel 15.0. 24.0 0.2
Inst. Res. 15.0 24.0 0.2
Rec. Rental 15.0. 15 . 0 * 0.2
Urban Residential:
Inst. Res. 10.0 20.0 0.2
Urban Residential Mobile
Home:
Rec. Rental 5.0 7.0 0.2
Urban Residential Mobile
Home-Limited: 5.0 7.0 0.2
SubUrban Commercial:
Hotel 15.0 20.0 0
Inst. Res. 5.0. 20.0 0
Rec. Rental 15.0. 15.0* 0
SubUrban Residential:
Inst. Res. 3.0 6.0 0.5
Hotel 5.0 20.0 0.5
Rec. Rental 5.0. 15 . 0 · 0.5
Sparsely Settled:
Campgrounds 5.0* 15.0* 0.8
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Offshore Islands:
Campgrounds 2.0 10.0...
Spoil Island-
Campgrounds 2.0 10.0...
Destination Resort:
Hotel 15.0 30.0
RV:
Hotel 15.0 15.0
! Rec. Rental 15.0 15.0*
Mixed Use:
Hotel 15.0 20.0
Inst. Res. 5.0 20.0
Rec. Rental 10 .0. 15.0*
Ins t. 5.0 20.0
Maritime Industries:
Hotel 15.0 20.0
Military Facilities:
Inst. Res. 10.0 20.0
Park and Refuge 5.0 20.0
0.9
0.6
0.2
0.2
0.2
0.2
0.2
o
0.2
0.9"
Motion was made by Commisisoner Lytton and seconded by
Commissioner Harvey to delete reference to "Spoil Islands-
Campgrounds" in this amendment and throughout the Plan.
Motion carried unanimously. Motion was then made by
Commissioner Lytton and seconded by Commissioner Harvey to
approve as amended. Motion carried unanimously.
PD 107 Amending Section 9.5-268, Monroe County Code,
in order to provide for clarification that an existing resi-
dential dwelling excluding any mobile home in Urban Mobile
Home-Limited Land Use Districts, may be reconstructed on the
original site following its destruction regardless of den-
sity restrictions of Section 9.5-262 and 9.5-263.
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Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to reconsider Amendment PD 107. Motion
carried unanimously. Motion was then made by Commissioner
Stormont and seconded by Commissioner Lytton to strike the
word "detached" in the last sentence of the Planning
Commission recommendation and approve as amended. Motion
carried unanimously.
PD 113 Amending Section 9.5-283, Monroe County Code,
in order to provide for deletion of modification of the
maximum height of any structure at 35 feet for hotels or
affordable housing units; TO READ AS FOLLOWS:
"Maximum Height
No structure of building shall be
developed that exceeds a maximum height
of thirty-five (35) feet."
The Clerk read into the record a statement from the Upper
Keys Citizens Association. George Kundtz and AI Fried
addressed the Board. Motion was made by Commissioner Lytton
and seconded by Commissioner Stormont to restore the origi-
nal language with amendments so as to read as follows:
"Maximum Height
No structure or building shall be
developed that exceeds a maximum height
of not more than three (3) stories or
not to exceed forty-four (44) feet above
grade. Notwithstanding the provisions of
this section, any hotel or affordable
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housing unit may be developed to a height
of three (3) stories over parking or a
maximum of forty-four (44) feet, whichever
is lower, measured from grade level, if
constructed to meet wind load resistances
of 150 m.p.h. and a binding commitment is
signed that such facilities will be used
as hurricane shelters in accordance with
specifications of the Monroe County
Department of Civil Defense. Such
facilities shall be available to the public
at large when designated as a shelter as
a result of an officially declared state
of emergency. Affordable housing
structures exceeding thirty-five (35) feet
in height must be allocated proportionally
to low and moderate income households
according to identified demand."
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Goerge Kundtz again addressed the Board. Roll call vote was
unanimous.
PD 112 Amending Section 9.5-283, Monroe County Code,
in order to provide for modification of the maximum height
allowed for roof designs to 44 feet.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to reconsider Amendment PD 112.
Motion carried unanimously. Motion was then made by
Commissioner Lytton and seconded by Commissioner Stormont to
deny that portion of Amendment PD 112 concerning 9.5-283 and
retain the section which created H-3. Roll call vote was
unanimous.
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PD 114 Amending Section 9.5-287, Monroe County Code,
in order to provide for inclusion of a new section allowing
bulkheads as-of-right on all artificial water bodies.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to reconsider Amendment PD 114.
Motion carried unanimously. Staff recommended denial. AI
Fried addressed the Board. After discussion, the applicant,
Al Fried, WITHDREW the proposed amendment.
PD l14A Amending Section 9.5-289, Monroe County Code,
in order to provide for a clarification of the rules of
interpretation for determining permitted uses; TO READ AS
FOLLOWS:
"Section 9.5-289 Interpretation of
Permitted Uses.
In the administration and enforcement of
these regulations, all uses not expressly
permitted in any district are otherwise
prohibited.
(Ord. No. 1-1973, as 1 (Art. VI, ss. 17))"
Maria Abadal of DCA addressed the Board. Commissioner
Stormont, the applicant, WITHDREW the proposed amendment.
PD 115 Amending Section 9.5-290, Monroe County Code,
in order to provide for inclusion of a new section
constraining any commercial activity on any parcel until
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there is a building of at least 150 square feet with one
toilet and one lavatory connected to an approved sewage
system, approval of occupational licenses by the Planning
Department, such approval contingent upon the applicant
having a permanent Monroe County address and proper zoning
for the intended use, and compliance with the Monroe County
Code of Ordinances: TO READ AS FOLLOWS:
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"Section 9.5-290 Commercial Uses.
(a) No business shall be conducted in any
district authorizing commercial use unless
or until there is a building on the prop-
erty at least one hundred and fifty (150)
square feet in size with at least one (1)
toilet and one (1) lavatory connected to
a sewage disposal system approved by the
county health department or the Florida
Department of Environmental Regulation.
(b) Applications for occupational
licenses must be approved by the planning
department before the office of the tax
collector can issue the license. As a
condition for approval, the applicant must
have a permanent Monroe County address and
the property for which the license is being
applied must be situated in a district
permitting the proposed use. All other
applicable provisions of the Monroe County
Code of Ordinances must be met prior to
planning department certification for an
occupational license."
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John Bigler addressed the Board. Motion was made by
Commissioner Lytton and seconded by Mayor Puto to accept the
recommendation for the Planning Commission for approval as
amended as follows: Delete (a) and in (b) replace the word
"must" with the word "shall". Maggie Fried and Maria Abadal
addressed the Board. Roll call vote was taken with the
following results:
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Commissioner Harvey
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
Yes
Motion carried.
Vern Pokorski discussed the MSD meeting on
March 6th and advised the Board that a representative from
Agripost would be present. John Bigler indicated that he
represented a client who might be interested in discussing
matters before the Board at that time.
PD 119A Amending Section 9.5-292(d)5, Monroe County Code,
in order to provide for a reduction in the time that a deve-
lopment would be considered for approval: TO READ AS
FOLLOWS:
"Each application that fails to receive
an allocation of development capacity
shall automatically be considered during
the next allocation period: however, the
value of his or her rank shall be increased
by thirty-three (33) percent for each
allocation period the applicant has failed
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to receive an allocation of development
capacity. (Ord. No. 33-1986, Section
9-5021 Ord. No. 40-1987, Section 86)"
Maria Abadal and Al Fried addressed the Board. Motion was
made by Commissioner Lytton and seconded by Mayor Puto to
accept the recommendation of the Planning Department for
approval. Roll call vote was unanimous.
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The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
sent.
Donald Craig, Planning Director, discussed a letter
to FEMA concerning the accelerated process and indicated
that he would be advising FEMA that the County and all the
municipalities had agreed to the procedures required in the
accelerated process.
PD l20A Establishing criteria for managing stormwater
runoff in Monroe County, Florida in a manner which will
allow for maintenance of public health, safety, and welfare1
defining terms used in conjunction with this Ordinance,
requiring stormwater management plans for new development
within the County which are not exempt from this ordinance1
providing for the development of a Manual of Stormwater
Management Practices1 establishing permitting procedures for
stormwater management systems1 establishing procedures for
maintenance and inspection of stormwater management facili-
ties1 requiring the Development Review Committee to sit as
the Stormwater Management Review Board1 allowing for fines
and penalties for non-compliance with this Ordinance1 TO
READ AS FOLLOWS:
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See EXHIBIT A attached hereto
and made a part hereof
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to approve. Motion carried unani-
mously.
PD 121 Amending Section 9.5-308, Monroe County Code,
in order to provide for an elimination of the requirement to
count live-aboards as one dwelling unit for purposes of den-
sity calculation1 TO READ AS FOLLOWS:
"Section 9.5-308. Live-aboards.
Live-aboards shall be hooked up to an on-
land sewage disposal system or shall be
provided with inshore sanitary facilities."
Al and Maggie Fried and Vern Pokorski addressed the Board.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to deny and at the same time to modify
Section 9.5-308 as follows:
"The purpose of this section is to pro-
vide reasonable standards to prevent the
pOllution of nearshore waters of the
Florida Keys.
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Live-aboards shall be hooked up to an
on-land septic sewage waste disposal
system, be provided with waste collection
service or shall be provided with onshore
sanitary facilities, all of a size,
availability, and location sufficient to
serve the number of live-aboards allowed
by this chapter, to collect wastes which
would otherwise be deposited overboard in
contravention to applicable State and
Federal laws."
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Motion carried unanimously.
The Board discussed accessory uses and live-
aboards.
PD l2lA Amending Section 9.5-4(L-7), Monroe County Code,
in order to provide for a revision of the definition of
Live-Aboard to include only principal residential use~ TO
READ AS FOLLOWS:
"Live-aboard vessel means any vessel used
solely as a principal residence or a legal
principal residence. A commercial fishing
boat is expressly excluded from the term
'live-aboard vessel'."
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to deny. Motion carried unanimously.
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PD 123 Creating Section 9.5-309, Monroe County Code,
in order to provide for fence standards of height,
construction materials, exclusion where it would interfere
with safe street access, location in bufferyards, permitted
fence attachments, limitation in the Big pine Key Area of
Critical County Concern, and requirement of a building per-
mit.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to postpone to March 21st. Motion
carried unanimously.
PD l24A Amending Section 9.5-343, Monroe County Code,
in order to provide for clearing or disturbing open space
including ground cover, understory, midstory and canopy
vegetation~ development within a land type to exceed the
open space ratio for that type~ TO READ AS FOLLOWS:
"No land be developed, used or occupied
such that the amount of open space on
the parcel proposed for development is
less than the following ratios. All
such required areas shall be maintained
in their natural condition. The amount
of open space required on any parcel for
development shall be determined according
to each land type, and"
Al Fried and Maria Abadal addressed the Board. Staff recom-
mended denial. Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to accept the Planing
Commission's recommendation for denial. Roll call vote was
unanimous.
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PD 125 Amending Section 9.5-343, Monroe County Code,
in order to provide for a variance procedure to the open
space requirements of Secction 9.5-343: TO READ AS FOLLOWS:
No wording provided.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the Planning Commission's
recommendation for denial. Roll call vote was unanimous.
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PD 128 Amending Section 9.5-345(a), Monroe County Code,
in order to provide for repeal of Subparagraph (a) requiring
clustering of development on the least sensitive portions of
a parcel of land.
Al Fried addressed the Board. Staff recommended denial.
Motion was made by Commissioner Lytton and seconded by Com-
missioner Stormont to accept the Planning Commission's
recommendation for denial. Roll call vote was taken with
the following results:
Commissioner Harvey
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Motion carried.
PD 129A
in order
lands as
FOLLOWS:
Amending Section 9.5-345(0), Monroe County Code,
to provide for filling to be allowed on disturbed
noted on the existing conditions map: TO READ AS
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No wording provided.
A1 Fried, applicant, WITHDREW the proposed amendment.
PD 132 Amending Section 9.5-378, Monroe County Code
in order to provide for inclusion of scenic corridor and
major street bufferyards for Urban Residential Mobile Home
and Urban Residential Mobile Home-Limited Land Use
Districts: TO READ AS FOLLOWS:
"Sec. 9.5-378. Required scenic corridor
and major street buffers.
Bufferyards required by section 9.5-375
shall be provided in accordance with the
following table:
Major
Street Scenic
Land Use District Buffer Corridor
Urban Commercial B D
Urban Residential D E -
Urban Residential Mobile Home E F
Urban Residential Mobile Home-
Limited E F
SubUrban Commercial C E
SubUrban Residential E F
Sparsely Settled F F
Native Area F F
Mainland Native Area F F
Improved Subdivisions D D
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Destination Resort D F
Commercial Fishing E F
Mixed Use B F
Light Industry D F
Maritime Industries D F
Military Facilities C F
Urban Residential Mobile Home E F
Recreational Vehicle E F
r Airport E F"
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to accept the Planning Commission's
recommendation for approval but to amend to change designa-
tions to "D" in both areas of Urban Residential Mobile Home
and Urban Residential Mobile Home-Limited lines above.
Motion carried unanimously.
PD 133 Amending Section 9.5-380, Monroe County Code,
in order to provide for modification of Subparagraph (a)(l)
to include the Urban Residential Mobile Home-Limited Land
Use District as requiring minimum width buffers where Com-
mercial abut Residential Districts1 TO READ AS FOLLOWS:
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"Sec. 9.5-380. Responsibility for District
Boundary Bufferyards.
a. Where both sides of the district
boundary are vacant:
(1) Where commercial districts
abut residential districts (UR, IS,
URM, URM-L, SR, SS and NA) and an E
or F buffer is required, the com-
mercial uses shall provide 2/3 of
the required buffer."
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PD 134 Amending Section 9.5-404(c)(4), Monroe County Code,
in order to provide for the exclusion of hospital and other
emergency medical facility signs from most sign permitting
requirements 1 TO READ AS FOLLOWS:
"9.5-404(c)(4): Hospitals or other
emergency facilities.
Hospitals or other emergency medical
facilities shall be allowed the same
size identification sign as permitted
for individual establishments not
located within a multiple-occupancy
complex. In addition, one (1) addi-
tional illuminated ground or wall sign
not to exceed sixteen (16) square feet
to identify each emergency entrance
shall be permitted. Such facilities
shall be exempt from a sign permit1
however, such signs shall be registered
in the planning department, to include
a description of the sign, its location,
a photograph of it, the dimensions,
and a description of how it is to be
constructed. Such emergency signs
shall be limited, and in no instance
shall an individual sign exceed twenty
(20) square feet in area."
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Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to accept the Planning Commission's
recommendation for approval as amended to include the
language "such emergency signs shall be exempt" and also to
add the words "(excluding individual medical offices)" after
the word "facilities" at the beginning of the fourth line
above. Motion carried unanimously.
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PO 1370 Amending Section 9.5-425, Monroe County Code,
in order to provide for nonconforming access to conform to
the access standards at the time a development permit is
obtained; TO READ AS FOLLOWS:
HNonconforming access. No use shall
receive a permit for a change of use,
expansion or reconstruction unless it
is brought into conformance with this
division."
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PO l37B Amending Section 9.5-423, Monroe County Code,
in order to provide for limitations on access to arterial
and collector roads, County frontage roads, local roads, and
requirements for driveway construction; TO READ AS FOLLOWS:
"Sec. 9.5-423. Access connections to
all roads other than U.S. 1.
No structure of land shall be developed,
used, or occupied with direct access to
any road other than U.S. 1 unless the
access connection conforms to the
standards listed below:
(a) Arterial and collector roads -
Only one connection on to an arterial
or collector road may be permitted per
parcel. Two connections may be per-
mitted if the parcel has over 250 feet
of frontage along the arterial or
collector. Whenever possible, the
connection should be 50 feet from any
other connection. Access for a parcel
at the corner formed by a local road
and an arterial or collector road shall
have access only from the local road
unless there is 150 feet of frontage
along the arterial or collector road.
(b) Frontage roads maintained by the
county - only one connection onto a
frontage road may be permitted per
parcel. Two connections may be
permitted if the parcel has over 150
feet of frontage along the frontage
road. Whenever possible the connection
should be over 50 feet from any other
connection.
(c) Local roads - Only one connection
onto a local road may be permitted per
parcel. Two connections may be per-
mitted if the parcel has over 100 feet
of frontage along the local road. When-
ever possible, the connection should be
26 feet from any other connection.
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Cd) Driveway construction standards -
All driveways shall be constructed
according to the 'Standard Specifications
and Details of Monroe County'."
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to approve. Motion carried unani-
mously.
PD 141 Amending Section 9.5-475, Monroe County Code,
in order to provide for the replacement of Section 9.5-475
with language that provides that all developments in a
designated area of Critical County Concern; TO READ AS
FOLLOWS:
"All development in a designated area
of critical county concern CACCC)
shall be considered as a conditional
use except those that are conditional
regardless of the ACCC designation and
uses that do not negatively impact the
public facilities and environmental
resources, and therefore are allowed
as-of-right by the interim or the final
plan the area so designated ACCC."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to accept the recommendation of the
Planning Commission for approval of the Alternative:
"All development in a designated area
of critical county concern shall be
considered as a conditional use except
those permitted as-of-right for the
existing land use district."
Motion carried unanimously.
PD 142 Amending Section 9.5-477Cd), Monroe County Code,
in order to provide for deletion of the sections pertaining
to the North Key Largo Area of Critical Concern except for
Subparagraph (3) which discusses the possible State acquisi-
tion of the area; TO READ AS FOLLOWS:
"Cd) Principles for Guiding the
Preparation of the Habitat Conservation
Plan: The habitat conservation plan CHCP)
for North Key Largo shall be prepared in
accordance with the following principles:
1. At a minimum, the lands which are
designated as conserved habitat within
the North Key Largo Area of Critical
County Concern shall be preserved by
fee acquisition, use of transferable
development rights or any other means
that provides for the preservation of
the lands in perpetuity.
2. An intensive land acquisition
effort, including at a minimum all
conserved habitat within the North Key
Largo Area of Critical County Concern
should be undertaken by the State of
Florida. It may also be desirable for
the State to acquire all or a part of
the areas designated for possible future
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development within the North Key Largo
Area of Critical County Concern.
3. No development shall be carried
out within the areas designated for
possible future development within the
North Key Largo Area of Critical County
Concern prior to August 1, 1988 in order
to provide a reasonable period of time
for a major land acquisition effort to
be undertaken, except for possible
minor exceptions for single-family
dwelling units in existing improved
subdivisions."
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Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the Planning Commission's
recommendation for denial. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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File No. 0120A
ORDINANCE
AN ORDINANCE ESTABLISHING CRITERIA FOR MANAGING STORMWATER RUNOFF IN
MONROE COUNTY, FLORIDA, IN A MANNER WHICH WILL ALLOW FOR MAINTENANCE
OF PUBLIC HEALTH, SAFETY, AND WELFARE; DEFINING TERMS USED IN
CONJUNCTION WITH THIS ORDINANCE, REQUIRING STORMWATER MANAGEMENT
PLANS FOR NEW DEVELOPMENT WITHIN THE COUNTY WHICH ARE NOT EXEMPT FROM
THIS ORDINANCE; PROVIDING FOR THE DEVELOPMENT OF A MANUAL OF
STORMWATER MANAGEMENT PRACTICES; ESTABLISHING PERMITTING PROCEDURES
FOR STORMWATER MANAGEMENT SYSTEMS; ESTABLISHING PROCEDURES FOR
MAINTENANCE AND INSPECTION OF STORMWATER MANAGEMENT FACILITIES;
REQUIRING THE DEVELOPMENT REVIEW COMMITTEE TO SIT AS THE STORMWATER
MANAGEMENT REVIEW BOARD: ALLOWING FOR FINES AND PENALTIES FOR
NON-COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
9.5-273 Stormwater Management
(a)
Intent:
It is the intent to establish guidelines and creteria for the safe management
and disposal of stormwater runoff from developed areas which will minimize or
el~iminate any resultant adverse impacts on the surface water, ground water,
. ,
and other natural resources of Monroe County. These procedure are intended to
assist in protection the vital water resources of the Florida Keys including
the reservoir of freshwater on Big Pine Key and the nearshore waters of both
Florida Bay and the Atlantic Ocean.
(b) Jurisdiction:
The area subject shall be the unincorporated sections of Monroe County.
However, because stormwater does not' follow political boundaries,
municipalities should, within 12 months of the effective date of this section,
adopt and implement stormwater management ordinances reflective of the
7
EX""BIT A
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File No. 0120A
conditions in their corporate jurisdictions. These ordinances should be in
}compliance with the Monroe County Stormwater Management regulations. Whenever
there is a conflict, the stricter requirement will apply.
(c) Applicability:
All applications for a Monroe County building permit will be required to
contain a stormwater management plan with the following exceptions:
(1) Single family and duplex homes, provided that Best Management Practices
(BMPs) as determined by the planning director or his designee, are
used. The Manual of Stormwater Management Practices, which is compiled
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pursuant to section 10 of this regulation will provide information
regarding acceptable forms of BMPs.
(2) Those developments, which because of'size or other criteria, are required
c
to obtain a general or individual surface water management permit from
the South Florida Water Management District, including state, county, and
city roadway improvement projects.
(3) Maintenance work on existing mosquito drainage structures for public
health and welfare purposes, pJ:ovided that the activities do not increase
peak discharge rate or pollution load.
(4)
Maintenance, alteration or improvement of an existing structure of site
..:...............
which will not change the designed peak discharge rate, volume pollution
load of stormwater runoff from the site on which that structure is
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FileNo. 0120A
located. Placement of a new structure, (as defined in paragraph 6) which
does not change the designed peak discharge rate, volume, or pollution
load of stormwater runoff from the site, is also exempt.
(5) Any development within an improved subdivision previous to the effective
date of this section.
(6) Emergencies requiring immediate action to prevent material harm or danger
to persons when obtaining a permit is impractical and would cause undue
hardship in protection of property from fire, violent storms, hurricanes,
or other hazards. A report of the emergency action shall be made to the
county administrator as soon as practicable.
(7) Single family and duplex homes built on individual lots which are part of
a larger subdivision, provided a stormwater management system, approved
by the planning department, is in p1aye.
(d) General Criteria:
(1) Water Management Areas
Such areas shall be legally reserved to and maintained by the operational
entity and be dedicated on the plat, deed restrictions, or easements. Any
change in the use of the property must comply with this regulation and
any other requirements of the Florida Keys Comprehensive Plan and the
Monroe County Code. StormwateJ: management areas shall be connected to a
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File No. 0120A '
public road or other location from which operation and maintenance access
is legally and physically available to the operational entity:
(2) Environmental Impacts
All surface water management plans will be reviewed by the staff to
evaluate ~nticipated impacts of the proposed work on the environment of
Monroe County. The following environmental features will be used by the
staff in evaluating impacts:
(a) Wetlands and isolated wetlands;
(b) Waterbodies;
( c) Intermittent (seasonally wet) ponds;
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(d) Mixed upland and wetland systems;
(e) Pinelands;
( f) Dunes/beach berms; . ,
(g) Hammock areas;
,
(h) Uplands areas;
(i) Preferred habitat of rare and endangered plant and animal species.
(3) Legal Operational Entity Requirements
An acceptable, responsible entity which agrees to operate and maintain
the surface water management system will be identified in the building
permit application. The entity must be provided with sufficient
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ownership so that it has control over all water management facilities
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authorized. The following entities are acceptable:
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(a)
Governmental agencies, or
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(b) Non-profit corporations, including homeowners associations,
property owners associations, condominium owners associations or
master associations, or
(c) The property owner as permittee, or his successors, if the property
is wholly-owned by said permittee and is intended to be so
retained.
The entity must provide legally binding written documentation that it will
accept the operation and maintenance of all surface water management systems
prior to approval.
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(4) Water Quality Considerations
All new surface water management systems will be evaluated based on the
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ability of the system to prevent degradation of receiving waters and the
ability to conform to state water quality standards established in
chapter 17-3, F.A.C. Deve10pmEmts which plan to utilize Outstanding
Florida Waters for discharge of stormwater will be given more detailed
evaluation by the county staff.
(5) Water Quantity Considerations
All new stormwater management systems will be evaluated on the ability of
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the system to prevent flooding of on-site structures, adjacent
properties, roads, and road right-of-ways.
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Technical Criteria:
(1) Water Quantity
(a) Discharge:
Off-site discharge is limited to amounts which will not cause
adverse off-site impacts. These amounts are:
(i) Historic discharges based on natural site drainage patterns, or
(ii) Amounts determined in previous South Florida Water
Management District or Monroe County permit actions.
(b) Drainage and Flood Protection Criteria:
If it is determined that flooding will occur off-site because of
the proposed project construction, the surface water management
system shall be designed using a 3-day rainfall duration and
25-year return frequency in computing allowable off-site discharge
rate. Flood protection and flood~lain encroachment standards
shall be those established jn Monroe County Code, section 9.5-293.
If post-development conditions are such that a volume greater than
.the retention and/or detention volume required for stormwater
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File No. 0120A
management is already being retained ort-site, that condition will
be maintained.
(2) Water Quality
(a) Projects shall be designed so that discharges will meet state water
quality standards, as set forth in chapter 17-3, F.A.C.
(b) Retention/Detention Criteria:
These criteria are based on the principle that the first flush of
runoff contains the majority of the pollutants. The volume which
needs to be retained or detained is dependent on the method of
stormwater management and the land use.
(i) Retention and/or detention,in the overall system, including
swales, canals, greenways, and similar waterways, shall
be provided for one of the three following criteria or
equivalent combinati.ons thereof:
1 Wet detention volume shall be the first inch of runoff
generated from the developed projects, or the total
runoff of 2.5 inches times the percentage of
imperviousness, whichever is greater.
2
Dry detention volume shall be equal to 75 percent of the
volume computed for wet detention.
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File No. 0120A
Retention volume shall be provided equal to 50 percent of
the above amounts computed for wet detention.' Retention
volume included in flood protection calculations requires
a demonstration of guarantees of long-term operation and
maintenance of system bleed-down ability. This must
normally consist of proof of excellent soil percolation
rates or an operations entity which specifically reserves
funds for operations, maintenance and replacement.
(ii) Commercial or industrial projects shall provide at least one-
half inch of dry detention or retention pretreatment as part
of the required retention/detention.
(iii)System with inlets in grassed areas will be credited with up
to 0.2 inch of the l:equired wet detention amount for the
contributing areas. Full-credit will be based on a ratio of
10:1 impervious area runoff to previous area with proportional
credit granted for greater ratios. Grassed area must be
permanently protected from vehicular use and structural
encroachment.
(iv) Projects having greater than 40% impervious area which
discharge directly to sensitive receiving water shall provide
at least one-half inch of dry detention or retention
pretreatment as part of the required depending'on the
arrangement of on-s1te facilities. Sensitive receiving waters
are defined as:
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File 'No. 0120A
(1) Class I or Class II waters;
(2) Class III, Outstanding Florida Waters;
(3) Canals connecting with these waters.
(v) Water surfaces can be deducted from site areas for water
quality pervious/impervious claculations.
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(c) Master Drainage Plan for Subdivisions:
Projects to be subdivided for sale are required to have installed by the
permittee, as a minimum, a stormwater management system which provides
for a master stormwater collection and conveyance system to interconnect
the retention/detention system with the outfall, with access points to
the system available to each individual lot or tract. The system shall
be sized to limit discharge under design conditions to the allowable
discharge.
Projects permitted in such a mnnner ~~y require deed restrictions which
identify to lot or tract purchasers the amount of additional on-site
stormwater management necessary to provide flood protection for specific
design events and any additional retention/detension required for water
quality purposes.
(3) Construction Considerations
(a)
Discharge Structures
(i) All design discharges from the site shall be made through and
controlled by structural discharge facilities. Earth berms
shall be used only to disperse or collect sheet flows from or
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File No. 0120A
to ditches, swales, or other water channels, served by
discharge structures.
(ii) Discharge structures shall be constructed so that they are
stationary.
(iii)Discharge structures should include gratings for safety and
maintenance purposes. The use of trash collection screens is
mandatory if the stormwater management system discharges into
surface waters and/or Outstanding Florida Waters.
(iv) Discharge, structures shall include systems which would allow
discharge from the center of the water column rather than the
top or bottom. Discharge structures from areas with greater
than 50 percent i.mpervious area or from systems with inlets in
paved areas shall include a baffle, skimmer, or other
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mechanism suitable for preventing oil and grease from
discharging to and/or from retention/detention areas.
(v)
Direct discharges, such as ,through culverts, storm drains, or
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weir structures, will normally be allowed to receiving waters
which by virtue of their large capaci.ty and configuration, are
easily able to absorb concentrated discharges. Such receiving
waters might include existing storm sewer systems and man-made
ditches, canals, thn bay, channels, and the ocean.
(vi) Indirect discharges, such as overflow and preader swales, are
required where the receiving water or its adjacent supporting
ecosystem might bn degraded by a direct dischare. The
discharge structure would therefore discharge into the
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overflow, spreader flwale, or other channel, which in turn
would release the water to the actual receiving water. Such
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File No. 0120A
receiving waters might include wetlands, salt marshes and land
naturally receiving overland sheetf1ow.
(vii)Pumped systems will only be allowed for governmental agency
operation entities.
(b) Dry Retention/Detention Areas (not applicable to natural or
mitigation wetland areas):
(i) Dry retention/detention areas shall allow for the return of
the groun~water level in the area to the control elevation.
(ii) On-site mosquito control ditches or other appropriate featurs
for such purpose, shall be incorporated into the design of dry
retention/detention areas.
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(iii)The design of dry retention/detention areas shall incorporate
considerations for regular maintenance and vegetation
harvesting procedures.
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(c) Wet Retention/Detention Areas:
(i) Dimensional criteria (as measured at or from the control
elevation) .
(!) Area - 0.25 acre minimum;
(2) Width - 50 feet minimum for linear areas in excess of 100
feet length. Irregularly-shaped areas may have narrower
reaches but should average at least 50 feet. (Note: Area
and width requirements may be waived for projects to be
operated by single-owner entities or entities with full
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maintaining thE! areas for water quality purposes, e.g.,
golf courses);
(3) Depth - A minimum of 20 percent of the area shallower
than 6 feet is required;
(4) Side slopes - for purposes of public safety, water
quality enhancement and maintenance, all wet
retention/detention areas should have side slopes no
steeper than 4:1 (horizontal:vertical) out to a depth of
two Feet below the control elevation, or an equivalent
substitute. Side slopes should be top soiled, nurtured
or planted from 2 feet below to 1 foot above' control
elevation to promote vegetation growth.
Littoral zone
vegetation growth survival shall be a condition for
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operation permit issuance.
(ii) Support Facility Design Criteria
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Perimeter maintenanc.e and operation easements of 10 feet
(minimum preferable) width at slopes no steeper than 4:1
(horizontal:vertica1) should be provided beyond the control
elevation water line. Control elevations must be set so as
not to cause flooding in roadways and protect road subgrades.
(d) Impervious areas:
Runoff shall be dischargE~d from impervious surfaces through
retention areas, detenti<lIl devices, filtering and cleansing
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devices, and/or subjected to some.type of Best Management Practice
(BMP) prior to discharge from the project site. For projects
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File No. 0120A
which include substantial paved areas, such as shopping centers,
large highway intersections with frequently shopped traffic, and
high density developments, provisions shall be made for the removal
of oil, grease, and sediment from stormwater discharges.
(e) Stagnant water conditions:
Configurations which create stagnant water conditions shall not be
allowed.
(f) Stormwater Management Plans:
It is the responsibility of the applicant to include in the
stormwater management plan for the development, sufficient
information for the planning director to evaluate the environmental
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and stormwater discharge characteristics of the affected areas, the
potential and predicted impacts of the proposed activity on
community waters, and thE! effec~fveness and acceptability of those
measures proposed by the applicant for reducing adverse impacts.
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The stormwater management plan shall contain maps, charts, graphs,
tables, photographs, narrative descriptions, calculations,
explanations, and citations to supporting references, and any
additional information dBemed necessary by the planning director.
(g) Manual of Stormwater Management Practices:
(1) The planning department staff shall compile a manual of
stormwater management practices for the guidance of persons
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preparing stormwater management plans and designing or
operating stormwateJ: management systems by the effective date
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I File 'No. 0120A
of these regulations. The manual shall be the primary
I . I
implementation tool and shall be updated periodically to
reflect the most current and effective practices. This manual
shall be made available to the public.
(2) The manual shall in<~lude guidance and specifications for the
preparation of stormwater management plans. Acceptable
techniques for obtaining, calculating, and presenting the
information required in the stormwater management plans shall
be described.
(3) The manual shall include guidance for acceptable best
management practices (BMPs) for stormwater management
systems for single family and duplex homes.
(4) The manual shall include g~idance in the selection of
environmentally sound practices for the management of
stormwater and the control of erosion and sedimentation. The
development and use of techniques which emphasize the use of
natural systems shall be encouraged.
(5) The manual shall also establish minimum specifications for the
construction of stormwater management facilities.
Construction'specification shall be established in accordance
with sound engineering practices.
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(6) The planning department shall submit the manual and subsequent
revisions of it to the board for review and approval. The
annual may also be submitted for review to the Florida
Department of Environmental Regulation's Non-point Source
Management Section in Tallahassee and the South Florida Water
Management District.
(7) Adherence to these regulations shall be based on the
guidelin~s outlined in the manual.
(h) Administration:
(1) Permit Application Procedures
The stormwater management plan shall be submitted as part of
an application for development approval outlined in article 3
of the Monroe County Code,.unless otherwise herein exempted.
All conditions, approvals, and fees shall apply.
(2)
Plan Adherence
~e applicant shall be required to adhere to the plan as
approved and permitted. Any changes or amendments to the
individual stormwatcr management plan must be approved by the
planning department prior to construction.
(i) Maintenance and Inspection:
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(1) The installed system(s) required by these regulations shall be
maintained by the owner or approved operating entity, except
that the county may select certain systems for county
maintenance. The selection of critical areas and/or
structures to be maintained by the county shall be recommended
to the board by the planning director. All areas and/or
structures to be maintained by the county must be dedicated to
the county by plat or separate instrument and accepted by the
board. ~e system(s) to be maintained by the owner or
approved operating entity shall have adequate access and
easements to permit the county right of entry to inspect and,
if necessary, to take corrective action should the owner fail
to maintain the system(s) to be maintained by him. The
planning director shall give such owner written notice of the
nature of the corrective action necessary. Should the owner
fail, within thirty (30) days from the date of the notice, to
take corrective action, the board may take the necessary
corrective action and place a lien on the property of the
owner to recover the costs thereof.
(2) The applicant shall arrange with the planning director for
scheduling the following inspections (these inspections may be
scheduled along with other required inspections):
(a)
Erosion and Sediment Control Inspection - As necessary
during and after construction to ensure effective control
of erosion and sedimentation. Control measures shall be
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installed and stabilized between any waters and any areas
cleared prior to land clearing.
(b) Bury Inspections - Prior to the burial of any
underground drainage structure.
(c) Final Inspection - When all work, including installation
of all stormwater management system facilities, has been
completed.
The enforcement officer who inspects the work shall either
approve it or notify the applicant in writing in what respects
there has been a failure to comply with the requirements of
the approved permit. Any portion of the work which does not
comply shall be corrected by the permittee within a time frame
deemed reasonable by the p~anning director depending on the
time needed to correct the violation and the effect of the
violation on water and habitat quality, or the applicant will
be subject to the penalty provisions of section (j). There
shall be a fee for inspections as established by the board.
(j) Enforcement and Penalties:
(1) Enforcement
The planning direc.tor shall be the enforcement officials. If
the enforcement official determines that the project is not
being carried out in accordance with the approved plan or if
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any project subject to these regulations is being carried out
without a permit he/she is authorized to:
(a) Issue written notice to the applicant that specifies the
nature and location of the alleged noncompliance and
includes a description of the remedial actions necessary
to bring the project into compliance.
(b) Issue stop-work orders directing the applicant or persons
in possession to cease and desist all or any portion of
the work which violates the provisions of these
regulations, until the remedial work is completed. The
applicant shall then bring the project into compliance or
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be subject to denial of certificate of occupancy for the
project.
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(c) Any order iSSUE!d pursuant to subparagraphs (a) or (b)
above shall become final unless the person or persons
named therein requests, in writing by certified mail, a
hearing before the planning commission no later than ten
(10) working days after the date such order is served.
Failure to act in accordance with the order after receipt
of written notice shall be grounds for revocation of all
Monroe County permits issued for that project which would
be affected by or would affect the stormwater management
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system.
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(2) PeIlalties
Any person who violates or causes to be violated any provision
of these regulations or permits any such violation or fails to
comply with any of the requirements hereof shall be punished
by a fine equivalent to the cost of having compiled with the
regulations. Each calendar day upon which such violation
occurs shall constitute a separate offense. In addition to
any other remedies, whether civil or criminal, the violation
of these regulations may be restrained by injunction,
including a mandatory injunction, and otherwise abated in any
manner provided by law.
(k) Appeals:
Any person aggrieved by the action of any official charged with the
enforcement of these regulation~ as the result of the disapproval
of a properly filed permit application, issuance of a written
notice of violation, or an alleged failure to properly enforce
these regulations in regard to a specific application, shall have
the right to appeal the llction to the Monroe County Planning
Commission.
(1) The Stormwater Management Review Board.
There is hereby established a board to be called the
stormwater management review board which shall be the
development review committee.
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(2) ,Functions
The stormwater management review board shall hear any appeal
from a decision of any administrative official empowered under
these regulations, and shall make recommendations to the
planning commission regarding such matters as appeals and
review changes. The stormwater management review board will
have the authority to take action on any administrative
concern with the application. This authority shall be
construed to exclude matters relating to the basic
requirements of these regulations. Final board action must be
consistent with applicable local and inter-local, regional,
state, and/or federal rules and regulations and their
respective intents. All appeals must be filed in writing
within ten (10) days of the date of official transmittal of
the final decision or determination to the applicant, shall be
processed in a manner pre$~ribed for hearing administrative
appeals under local or state code provisions.
26