Resolution 199-1988
"
~ .
.r...-.!
..._ ':,,1
~I
Commissioner Mike Puto
RESOLUTION NO.
199-1988
A RESOLUTION INDICATING THE SUPPORT OF THE
COUNTY COMMISSION OF MONROE COUNTY AND ALSO
ITS INTENT IN FURNISHING THE AMENDMENTS TO
THE PROPOSED HOUSE BILL 1356, HERETOFORE
SPONSORED BY REPRESENTATIVE RON SAUNDERS;
SAID SUPPORT, INTENT AND AMENDMENTS BEING
ACCOMPANIED BY A LETTER TO THE AFORESAID
REPRESENTATIVE SAUNDERS DATED APRIL 11 ,
1988.
WHEREAS, the County Commission of Monroe County indicates
its support of the proposed House Bill 1356 sponsored by Rep-
resentative Ron Saunders; and
WHEREAS, said principles express the position adopted by the
Monroe County Commission and should be considered as the guide-
lines for any changes or alterations to be made in the now
pending principles as reflected in House Bill 1356; now, there-
fore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
Section 1.
The amendments to the proposed House Bill
1356, which has been sponsored by Representative Saunders, having
been delivered to the aforesaid Representative express the will
and intent of the Monroe County Commission as concerns any
amendment to environmental legislation as is set forth in
proposed House Bill 1356.
Section 2.
It is the will of the County Commission that
the proposed amendments as delivered to Representative Saunders
by Monroe County be the guidelines upon which such legislation
should be predicated and considered in this session of the
Legislature.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
day of
May
, A.D., 1988.
on the 5th
- l
(SEAL)
Attes t :DANNY L. KOLHAGE, Clerk
...::t~Q'6 ~, he
ler
LP/jh
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B g~'7it-
y Mayor a1rman
1:.PP,.,~',.r:-n ,!\(' "On"O?;>!'
"~,r li';(;, , "';';;':I/2!r!.l"~-:,
A I
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00001
00002
00003
00004
00005
00006
00007
00008
00009
00010
00011
00012
00013
A bill to be entitled
An act relating to the Florida Keys Area
Protection Act; (acknowledging and providing for
equal application of the provi sions of Chapter
163 F. S.) providing conforming language;
revising specif~eaic principals for
guiding development of such area; providing for
an appeal of certain decisions of the state land
planning agency; providing for the adoption of a
final order following appeal; providing an
effective date.
00014 Be It Enacted by the Legislature of the State of Florida:
00015
00016
Section 1. Subsections (7) and (9) of section 380.0552, Florida
00017 Statutes, are amended to read:
00018
380.0552 Florida Keys Area; protection and designation as area
00019 of critical state concern.--
00020
(7) PRINCIPLES FOR GUIDING DEVELOPMENT. --State, regional, and
00021 local agencies and units of government in the Florida Keys area shall
00022 coordinate their plans and conduct their programs and regulatory
00023 activities consistent with the principles for guiding development as
00024 set forth in chapter 27F-8,
Florida Administrative Code,
as
00025 ameBaea
(effee~~ve
AlilJl:iS~
~a,
1984,
~'FaBsfe'F'Fea
~e
ehaJ3~e'F
00026 ~8-~9,Fle'F~aa
AEim~B~S~'Fa~~ve
8eae,
which
chapter
is
hereby
00027 adopted and incorporated herei.n by reference as amended, and shall
00028 continue in effect ( f'Fem Ali~liS~__~_~;:__, 1984,) until the removal
00029 of the desiqnation (sJ3ee~f~ea ~B slibsee~~eB fa~)(as an area of
00030 critical state concern.)
For the purposes of reviewing consistency
00031 of the adopted plan or any amendments to that plan with the
00032 principles for guiding development and any amendments to the
00033 principles, the principles shall be construed as a whole and no
00034 specific provision shall be construed or applied in isolation from
00035 the the other provisions.
Heweve'F, ~he ~'F~Be~~als fe'F lJl:i~a~B~
00036 aevele~meB~ as se~ fe'F~h ~B eha~~e'F ~1F 8, Fle'F~aa Aam~B~S~'Fa~~ve
00037 8eae, as ameBaea effee~~ve AlilJl:iS~ ~a, 1984, a'Fe 'Fe~ealea l8 meB~hs
00038 f'Fem Jlily l, 1986~
,
Af~e'F 'Fe~eal, ~he fellew~B~ shall be ~he
00039 ~'F~Be~~les w~~h wh~eh aBY ~laB ameBameB~s mlis~ be eeBs~s~eB~~
00040
fa-t--Te s~'FeB~theB leeal ~e,!e3:Bme~'t ea~ab~l~t~es fe3: maBa~~B~
00041 laBa lise aBa aevele~meBt se that lee~l ~eVe3:BmeB~ ~s able te aeh~eve
'.
00042 these ebjee~~ves w~thelit ~he eeBt:i:Blia'tieB ef ~he a'Fea ef e'F~~~eal
00043 s~a~e eeBee'FB aes~~Ba~~eB~
-I
00044
00045 maR~~eves, ee~al ~ee€ €e~ma~iens, sea ~Fass eeas, we~lanas, €ish ana
fe1--~e pFe~ee~ she~eline ana maFine FeseHFees, iRelHain~
00047
00046 wilali€e, ana ~heiF haei~a~7
fe1--~e
pFe~ee~
Hplana
~Fepieal
FeseHFees,
eiele~ieal
00048 eemmHni~ies, €Feshwa~eF we~lanas, na~ive ~Fepieal ve~e~a~ien f€eF
00049 example, haFaweea hammeeks aRa pinelanas1, aHne Fia~es ana eeaehes,
00051
00050 wilali€e, ana ~heiF haei~a~7
00053
00052 i~s ei~i3eRs ~hFeH~h seHna eeenemie aevelepmen~7
fa1--~e eRSH~e ~he maximHm well eein~ e€ ~he Fle~iaa Keys aRa
00055
00054 e€ wa~eF ~h~eH~heH~ ~he Fle~iaa Keys7
fe1--~e limi~ ~he aaveFse impae~s e€ aevelepmeR~ en ~he qHali~y
f€1--~e eRhaRee Ra~HFal seenie FeseHFees, pFeme~e ~he aes~he~ie
00056 eeRe€i~s e€ ~he Ra~H~al eRviFenmeR~, ana enSHFe ~ha~ aevelepmeR~ is
00058
00057 eempa~iele wi~h ~he HRiqHe his~eFie ehaFae~e~ e€ ~he FleFiaa Keys7
00059
f~1--~e P~e~ee~ ~he his~eFieal heFi~a~e e€ ~he FleFiaa Keys7
00060 ameF~i3ea li€e e€ exis~in~ ana pFepesea majeF pHelie inves~men~s,
fh1--~e pFe~ee~ ~he valHe, e€€ieieney, ees~ e€€ee~iveRess, ana
00062
00061 inelHain~~
00063
00064
00065
00066
00067
00068
17---~he FleFiaa Keys AqHeaHe~ ana wa~eF sHpply €aeili~ies,
~7---Sewa~e eellee~ieR aRa aispesal €aeili~ies,
37---Selia was~e eellee~ieR aRa aispesal €aeili~ies,
47---Key Wes~ Naval AiF S~a~ien ana e~heF mili~aFY €aeili~ies,
57---~FanspeF~a~ien €aeili~ies,
67---FeaeFal paFks, wilali€e Fe€H~es, ana maFiRe sane~HaFies,
00070
00069 e~heF pHeliely ewnea pFepeF~ies,
=t7---S~a~e paFks, FeeFea~ien €aeili~ies, aqHa~ie pFeseFves, ana
00071 ana
00072
00073
00074
87---ei~y elee~~ie seFviee aRa ~he FleFiaa Keys Elee~Fie 8e-ep,
97---e~heF H~ili~ies, as appFepFia~e7
00076
00075 enviFenmeR~al FeseHFees e€ ~he FleFiaa Keys7
fi1--~e limi~ ~he aaveFse impae~s ef pHelie iRves~men~s en ~he
00078
00077 see~eFS e€ ~he pepHla~ien e€ ~he FleFiaa Keys7
fj1--~e make availaele aae~Ha~e a€€eFaaele heHsin~ €eF all
fk1--~e pFeviae aae~Ha~e al~eFna~ives feF ~he pFe~ee~ien e€
00079 pHelie sa€e~y ana wel€aFe in ~he eveRt e€ a Ra~HFal eF man-maae
o.
00080 aisas~eF ana €eF a pes~ aisas~eF FeeeRstFtle~ieR plan7
-~
00081
fl} "te 1=lFe"tee"t "the 1=l'\:l191ie heal"th, sa:€e"ty, aHa wel:€aFe e:€ "the
00082 ei"ti~eHs ei "the FleFiaa Keys aHa maiH"taiH "the FleFiaa Keys as a
00083 '\:lHi~e FleFiaa FeSe'\:lFee~
00084
(9) MODIFICATION TO PLANS AND REGULATIONS.--
00085
~ Any land development regulation or element of a local
00086 comprehensive plan in the Florida Keys Area may be enacted, amended,
00087 or rescinded by a local government, but the enactment, amendment, or
00088 rescission shall become effective only upon the approval thereof by
00089 the state land planning agency. The state land planning agency shall
00090 review the proposed change to determine if it is in compliance with
00091 the principles for guiding development set forth in chapter 27F-8,
00092 Florida Administrative Code,
as ameHaea fe:€:€ee"tive A'\:l~s"t ~3,
00093 3:984, 'tFaHsieFFea "te eha):l"teF ~8-~9, FleFiaa AEimiHis"tFa"tive 8eae, as
00094 ameHaea} and shall either approve or rej ect the requested changes
00095 within
60
days
after
ei
receipt
thereof.
The
proposed
00096 changes shall take effect upon (a):l):lFeval ratification of the
00097 appropriate local ordinances) by rule of the state land planning
00098 agency.
00099
(b) Rejection of a local government's proposed enactment of or
00100 amendments to its comprehensive plans or land development regulations
00101 by the state land planning agency mus~_ be by order and must be sent
00102 by certified mail to the local governm~nt setting forth the reasons
00103 ( :€eF)
the
re;ectieHed
(amendments
or
enactments
are
not
00104 consistent with the principles for guiding development.
00105
(c) Wi thin 60 days following its receipt of the state land
00106 planning
agency's
(proposed
rule)
(eFaeF)
rejecting
the
00107 proposed enactments of amendments of its comprehensive plan or land
00108 development regulations, the local government may file a petition
00109 with
the Division of Administrative Hearings of the Department of
00110 Administration, with a copy sent to the state land planning agency
00111 and the Administration Commission requesting that the division
.
00112 designate a hearing officer to conduct._9-____formal hearing and to enter
00113 a recommended order determining whether the rejected amendments or
00114 enactments are consistent with the 19cal comprehensive plan and
00115 principles for guiding developmen"t. ___Ill any hearing requested by a
..
00116 local government pursuant to this pa~~g~~h, the state land planning
00117 agency has the burden of estab1i sh~I1g ,QY~..2!:eponderance of the
-J
00118 evidence that reiected amendments or enactments are not consistent
00119 with
the
principles
for
guiding_H development,or
the
local
00120 comprehensive
plan'
(utilizing
the__~inciple
of
substantial
00121 compliance).
The Florida Land and Water Adiudicatory Commission,
00122 wi thin (99 45) after the receipt of the recommended order, must
00123 issue a final order approving, with or without modification, or
00124 reiecting the recommendations of the hearing officer's order. The
00125 local government's determination that the these enactments and
00126 amendments of its plan as land development regulations are related to
00127 and consistent with each other and the principles for guiding
00128 development shall be sustained if the determination is fairly
00129 debatable.
The Administration Commission must initiate rule making
00130 to adopt any enactments or amendments to the local government's
00131 comprehensive plan or land development regulations that it approves
00132 in its final order wi thin (99 45) days after its receipt of the
00133 hearing officer's recommended order.
Thi s paragraph and paragraph
00134 (b) apply to proposed changes and amendments to comprehensive plans
00135 and land development regulations submitted to the state land planning
00136 agency after the effecti ve date of such paragraphs.
As an
00137 alternative, in interpretive disputes between the State Land Planning
00138 Agency and local government, in cases where the subiect matter is
00139 obviously fairly debatable, local government shall have direct and
00140 immediate recourse to the court system with venue being reserved to
00141 the local iurisdiction.
00142
1sU Fl:l~"the~1
The
state
land
planning
agency,
after
00143 consulting with the appropriate local government, may, no more often
00144 than once a year, recommend to the Admini strati on Commi ssion the
00145 enactment, amendment, or rescission of a land development regulation
00146 or element of a local comprehensive plan.
Within 45 days following
00147 the receipt of such recommendation by the state land planning agency,
00148 the commission shall reject the recommendation, or accept it with or
00149 without modification and adopt it, by rule, including any changes.
00150 Any such local development regulation or plan shall be in compliance
00151 with the principles for guiding de~elopm~nt.
00152
(Section 2.
Any and all references to the effective date of
o.
00153 August 23, 1984 as they apply to Chapter.28-29 Florida Administrative
00154 Code are expunged.
-'-I
00155
Section 3.
The provisions of s 163.3177 (10)(b) F.S. are
00156 acknowledged as explicitly applying to the Florida Keys Comprehensive
00157 Plan.
00158
Section 4.
State Land Planning Agency General Guidelines for
00159 Local Plan Development and Implementation as they appear in Chapter
00160 28-29 and 28-30 Florida Admini strati ve Code are hereby incorporated
00161 as hereby amended.)
00162
s 28-29003 (L) (3) F.S.
00163
((a) Guidelines:
00164
1. Local government shall adopt land use maps that depict the
00165 existing and proposed allocation of density,
land use types,
00166 transportation services and public facilities, and other land uses
00167 necessary to comply with these Principles of Guiding Development.
00168
2.
Local government shall ensure, to the maximum extent
00169 possible, that the comprehensive plan, including land use maps, and
00170 the development regulations are consi stent with applicable federal
00171 and state regulatory standards and planned use of existing public
00172 lands and lands authorized for public acquisition.
00173
3.
Local government shall establish an ongoing comprehensive
00174 planning and development review process that will ensure citizen
00175 participation, be supported by an adequately funded professional
00176 staff, and be directed at the effective implementation of the
00177 comprehensive
plan,
development
regulations,
administrative
00178 procedures and the Principles for Guiding Development.
00179
(b) Implementation:
00180
1.
The land use maps shall be in detail and on a scale to
00181 ensure that land development decisions by local government are
00182 consistent with the comprehensive plan.
00183
2.
The
land use maps
shall
depict
land uses,
public
00184 faci Ii ties, and environmental features that include, at a minimum,
00185 shorelines, mangroves, transitional wetlands, freshwater wetlands,
.
00186 beach and dune ridge systems, tropical hardwood hammocks, cactus
00187 hammocks and pinelands.
00188
3.
Local government shall fleve10p and maintain a process of
00189 coordination with federal and state. agencies which have permitting
..
00190 jurisdiction, own land, or conduct programs in the Florida Keys.
-..5
00191
4.
The
local
government
comprehensive
planning
process
00192 mas~ should reflect compatibility of plans with adjacent local
00193 governments and appropriate special districts.
00194
5.
Local
government
shall
should
utilize
mechanisms
00195 for ensuring citizen participation in the comprehensive planning and
00196 development review process, such as the use of task forces, advisory
00197 boards, newsletters, public workshops and other means.
00198
6.
Local government shall ensure that the record of each land
00199 development decision includes all materials
submi tted by the
00200 applicant and interested parties, any staff analysis, and all other
00201 documentation used by local government in reaching its decision. The
00202 record shall show that the local government decision is consistent
00203 with the comprehensive plan as approved by the Be~aF~meH~ ei
00204 eemmaHi~y AiiaiFs Administrative Commission and land development
00205 regulations adopted consistent with the Principles for Guiding
00206 Development.
Prior
to
approval
and
implementation of
the
00207 comprehensive plan and land development regulations, the record shall
00208 show that the local government decision is consistent with the
00209 Principles for Guiding Development.
The information shall be
00210 accessible to the applicant, members of the public and the Department
00211 of Community Affairs before, during and after the land development
00212 decision.
00213
7.
Local government shall to the maximum extent possible
00214 embody all development regulations in a single unified development
00215 code.
00216
8.
Local
government
shall
prepare
a
procedures
manual
00217 outlining the zoning process and land development permit sequence
00218 necessary to receive approval from each appropriate local government
00219 agency (for example, building departments, planning and zoning
00220 departments, etc.).
00221
9.
Areas determined to be appropriate for preservation during
00222 the comprehensive planning or land development regulation process
00223 shaB:
should be maintained through
(reasonably)
restrictive
00224 covenant, easement or dedication ~o an appropriate public entity or
00225 private conservation organization' caI;'able of preserving the area in
00226 its natural or historical condition.
o.
-l
.
00227
10. Local
government
comprehensive plans
and development
00228 regulations shall be the primary means by which development is
00229 planned and controlled.
'l'he lise e{ ..,aF:iaRees, s~ee:ia~ eHee~~:ieRs
00230 aRa e~heF s:im:i~aF ae~~eRs shall Re~ be lisea ~e ali~heF~5e ae..,ele~meR~
00231 ~ha~ weli~a be
:iReeRs:is~eR~ w:i~h ~he PF:iRe:i~~es {eF Sli:iEi:iR~
00232 ge..,e~e~meR~, eem~FeheRs:i..,e ~laRs aRa ae..,e~e~meR~ Fe~~a~:ieRs~
00233
11. Local
government
sha~~
should
include
in
its
00234 comprehensive plan and development regulations techniques to promote
00235 energy conversation and energy efficient development.
00236
(4) Second Obj ecti ve:
Protect shoreline and marine resources
00237 including mangroves, coral reef formations, sea grass beds, wetlands,
00238 fish and wildlife and their habitat.
00239
(a) Guidelines:
00240
1. Prohibit shoreline development which would have a substantial
00241 adverse impact upon shoreline, wetland, or marine resources.
00242
2.
Prohibit activities such as dredging, filling and spoil
00243 disposal, or opening of existing but unconnected canals to open water
00244 that would have a substantial adverse impact on shoreline, wetland
00245 and marine resources.
00246
3.
Protect the natural functions of shoreline, wetland and
00247 marine resources to ensure the maintenance and enhancement of water
00248 quality, shoreline stabilization, storm surge protection, and fish
00249 and wildlife habitat.
00250
4.
Protect fish and wildlife habitats from adverse impacts
00251 such as boat or vehicle traffic.
00252
5.
Prohibit any significant disturbance, including but not
00253 limited to land clearing and excavation, of established critical
00254 habitats for endangered species identified by the U.S. Department of
00255 Interior and lands within Natural Wildlife Refuges.
00256
6.
Prohibit any significant disturbance, including but not
00257 limited to land clearing and excavation, of established habitats for
00258 documented resident populations of endangered species, as identified
00259 by rule of the Florida Game and Fresh Water Fish Commission, except
00260 as may be approved by the Florida Game and Fresh Water Fish
00261 Commission.
..
00262
7.
Discourage any new land clearing, excavation or other
00263 significant disturbance of habitats for threatened species identified
-7
.
00264 by the Florida Game and Fresh Water Fish Commission of the US Fish
00265 and Wildlife Service.
00266
(b) Implementation:
00267
1.
Local
government
shall
appropriately
revises
its
00268 development regulations, including site alteration, subdivision and
00269 zoning
ordinances,
to
iRe'l:ease
protectieR
ei
shoreline,
00270 wetland and marine resources.
These ordinances shall include
00271 standards which will effectively manage
pf15fieBfi
mangrove,
00272 coral reef formation,
sea grass bed,
wetland,
and fish and
00273 wildlife aRe ~hei'l: habitats, so as to protect these habitats
00274 from adverse impacts from land development.
Applicants for
00275 development orders or rezonings shall be required to identify
00276 potentially affected shoreline, wetland and marine resources.
Local
00277 governments shall evaluate potential impacts, iRellieiR~ elimlila~ive
00278 aRe iRei'l:ee~ impae~s7 and demonstrate in the record that such
00279 impacts were considered and mitigated in rendering a decision.
00280
2.
Local
government
shall
appropriately
manage
lewe'l:
00281 eve'l:all density to maximize protection of shoreline, wetlands and
00282 marine resources.
00283
3.
Local
government
shall
si~RiiieaR~ly
should
attempt
00284 to lower the overall number of dwelling units to be developed in
00285 areas adjacent to John Pennekamp Coral Reef State Park and Key Largo
00286 Coral Reef National Marine Sanctuary.
00287
4.
Local government in cooperation with the appropriate state
00288 and federal agencies, shall develop mooring and marina siting
00289 regulations for docking facilities of three or more slips which give
00290 special attention and consideration to impacts to the Florida Reef
00291 Tract
and
other
corals,
elimiRa~e
minimize
impacts
to
00292 wetlands, shoreline and submerged vegetation, and maintain or enhance
00293 water quality. The following specific criteria shall apply:
00294
a.
No docking facilities shall be approved which require
.
00295 ei~he'l: substantial dredging or filling to provide access.
This
00296 restriction shall also apply to widening or deepening any canal or
00297 channel, but not to regular maint.enance_ dredging of canals, basins,
00298 or channels provided such maintena~ce does not exceed acceptable
..
00299 water depths.
.
-3
.
00264 by the Florida Game and Fresh Water Fish Commission of the US Fish
00265 and Wildlife Service.
00266
(b)
1.
Implementation:
00267
Local
government
shall
appropriately
revises
its
00268 development regulations, including site alteration, subdivision and
00269 zoning
ordinances,
to
:i:nel:"ease
protect:i:en
ei
shoreline,
00270 wetland and marine resources.
These ordinances shall include
00271 standards which will effectively manage
p56lie6li
mangrove,
00272 coral reef formation,
sea grass bed,
wetland,
and fish and
00273 wildlife ana the:i:1:" habitats, so as to protect these habitats
00274 from adverse impacts from land development.
Applicants for
00275 development orders or rezonings shall be required to identify
00276 potentially affected shoreline, wetland and marine resources.
Local
00277 governments shall evaluate potential impacts, :i:nell:ia:i:nEj el:ilftl:ilat:i:ve
00278 ana :i:na:i:l:"eet :i:1ft~aets7 and demonstrate in the record that such
00279 impacts were considered and mitigated in rendering a decision.
00280
2.
Local
government
shall
appropriately
manage
lewel:"
00281 evel:"all density to maximize protection of shoreline, wetlands and
00282
00283
marine resources.
3. Local
government
shall
s:i:Ejn:i:i:i:eantly
should
attempt
00284 to lower the overall number of dwelling units to be developed in
00285 areas adjacent to John Pennekamp Coral Reef State Park and Key Largo
00286 Coral Reef National Marine Sanctuary.
00287
4.
Local government in cooperation with the appropriate state
00288 and federal agencies, shall develop mooring and marina siting
00289 regulations for docking facilities of three or more slips which give
00290 special attention and consideration to impacts to the Florida Reef
00291 Tract
and
other
corals,
el:i:lft:i:aate
minimize
impacts
to
00292 wetlands, shoreline and submerged vegetation, and maintain or enhance
00293 water quality. The following specific criteria shall apply:
00294
a.
No docking facilities shall be approved which require
00295 e:i:thel:" substantial dredging or filling to provide access.
This
00296 restriction shall also apply to widening or deepening any canal or
00297 channel, but not to regular maint~enance dredging of canals, basins,
00298 or channels provided such maintenance does not exceed acceptable
00299 water depths.
..
-1
.
00300
b.
Docking facilities shall only be approved in locations
00301 having adequate circulation and/or tidal flushing, and which have
00302 water depths to accommodate boat moorings, turning basins, access
00303 channels and other such areas.
A minimum water depth of
-4
00304 tmiR~S ie~rt
-3 (minus three) feet mean low water shall be
00305 required.
Greater depths shall be required for those facilities
00306 designated for or capable of accommodating boats having greater than
00307 a 3 (three) foot draft so that a minimum of one foot clearance is
00308 provided between the deepest draft of a vessel and the bottom. These
00309 depth requirements shall also apply to the area between the proposed
00310 facility and any natural or other navigation channel, inlet or deep
00311 water.
When necessary, marking of navigational channels shall be
00312 required;
00313
c.
Any new or expanded docking facility shall maintain water
00314 quality standards as provided by Chapter 403, Florida Statutes. To
00315 assure compliance, the developer shall maintain a water quality
00316 monitoring program approved by the Department of Environmental
00317 Regulation.
Water quality data will be periodically reviewed by the
00318 Department of Environmental Regulation;
00319
d.
Except
for
single
family
dwellings
in
reviewing
00320 applications for new docking facilities or expansions to existing
00321 facilities, attention shall be given to identifying ways to improve,
00322 or mitigate adverse environmental
impacts caused by previous
00323 activities.
This may include filling dredged areas in order to make
00324 them a depth acceptable for propagation of benthic biota, restoring
00325 wetland or submerged vegetation, improving circulation and/or tidal
00326 flushing,
installing
sewage
pump
out
facilities,
or marking
00327 navigational channels.
Such mitigation or restoration may be
00328 required as a condition of approval for new or expanded facilities.
00329 Marina development shall be encouraged to locate in already developed
00330 or disturbed areas;
00331
e.
.
All applications for docking facilities shall document that
00332 economic demand exists for the number of boat slips requested;
00333
f.
No new or expanded marina or docking facility shall be
00334 located directly over any grass bed, ~eef, or patch reef.
..
00335
5.
Local government in cooperat~n with state and federal
00336 agencies, shall develop siting regulations for docking facilities of
-/0
.
00337 less than three slips.
These regulations shall, at a minimum,
00338 include the specific criteria set forth in (4) (b) 4.a. and f. above
00339
(5.) Third
Objective:
Protect
upland
resources,
tropical
00340 biological
communities,
fresh water wetlands,
nati ve tropical
00341 vegetation ( for example hardwood hammocks and pinelands), dune
00342 ridges and beaches, wildlife and their habitat.
00343
(a) Guidelines:
00344
1. Conserve the environmental values and functions of upland
00345 resources, including habitat for native tropical species of wildlife
00346 and vegetation.
00347
2.
Protect in their natural state representative units of each
00348 type of ecological system in sufficient amounts and locations so as
00349 to be self-sustaining.
00350
3.
Preserve undisturbed high quality restored tracts of native
00351 tropical vegetation.
00352 4. Prohibit any significant disturbance, including but not
00353 limited to land clearing and excavation, of established critical
00354 habitats for endangered species identified by the U S Department of
00355 Interior and lands within National Wildlife Refuges.
00356 5. Prohibit any significant disturbance, including but not
00357 limited to land clearing and excavation, of established habitats for
00358 documented resident populations of endangered species as identified
00359 by rule of the Florida Game and Fresh Water Fi sh Commi ssion, except
00360 as may be approved by the Florida Game and Fresh Water Fish
00361 Commission.
00362
6.
Discourage any new land clearing, excavation or other
00363 significant disturbance of habitats for threatened species identified
00364 by the Florida Game and Fresh Water Fish Commission or the U. S. Fish
00365 and Wildlife Service.
00366
(b) Implementation:
00367
1.
Local
government
shall
should
implement
regulations
00368 to protect and preserve representative units of tropical biological
00369 communities including, but not .limited to , cactus hammocks, tropical
00370 hardwood hammocks, pinelands, freshwater wetlands, and beach and dune
00371 systems.
In the formation of these regulations the following
00372 mechanisms
shall
be
considered:
'.
tax. incentives,
transfer
of
-II
.
00373 development rights, purchase of development rights, fee simple
00374 acquisition, and other on-site and off-site mitigation techniques.
00375
2.
Local government shall preserve intact high quality tracts
00376 of native tropical vegetation and allow alteration only if it is
00377 demonstrated that the proposed development or site alteration will
00378 not involve the removal of native vegetation to the extent that
00379 habitat and its wildlife cease to function as a self-sustaining,
00380 viable ecosystem.
00381
3.
Site
alteration,
sub-division
and
other
development
00382 regulations
shall
19!:'eh:i:e:i:t.
restrict di sturbance
of
areas
of
00383 high quality native biological communities.
The extent to which an
00384 area of any parcel proposed for development may be disturbed shall
00385 depend on the quality of native tropical vegetation and the extent to
00386 which the area is covered with exotic species such as Casuarina,
00387 Schinus terebinthefolius or Malaleuca quinquenervia.
The developer
00388 shall be required to prepare plans which identify on site vegetation,
00389 provide for protection of native tropical vegetation and provide for
00390 the elimination of exotic vegetation.
The local government shall
00391 eeHsMlt. consider this plan in determining the extent to which
00392 proposed alteration will be permitted and shall reflect that
00393 determination in its response to the developer's application.
00394
4.
In the event of any significant disturbance (greater than
00395 allowable OSR) to native tropical vegetation, mitigation shall be
00396 required as a condition of development approval.
Such mitigation may
00397 take the e form of replanting disturbed areas with native species, or
00398 in the form of acquisition and donation of lands covered by native
00399 tropical vegetation of a high quality and in an amount greater than
00400 that disturbed.
00401
5.
Development regulations shall estab1i sh standards for the
00402 following:
00403
a.
19 !:'eh:i: e:i: t.:i: eH
ei
restricting
the
"grubbing
out"
or
00404 removal of native understory vegetation;
00405
b.
19!:'eh:i:e:i:t.:i:eH
ei
restricting
the
removal
or
trimming
00406 of tropical native vegetation;
00407
c.
removal of exotic plant. species which outcompete or
.0
00408 otherwise displace native tropical specie&;
-J~
.
00409
d.
prohibition of the sale purchase or planting of exotic
00410 species which outcompete or otherwise displace native tropical
00411 species, such as Casuarina, Schinus terebinthefolius or Mala1euca
00412 quinquenervia;
00413
e.
use of native vegetation, displaces during site alteration,
00414 in the overall landscape scheme of the site development;
00415
f.
use of vegetation native to the Florida Keys in landscaping
00416 altered sites; and
00417
g.
preservation of isolated saltwater or freshwater wetlands.
00418
(6). Fourth Obj ecti ve:
Insure the maximum well-being of the
00419 Florida Keys and its citizens thru sound economic development.
00420
(a) Guidelines:
00421
1. Promote a diversified and stable economy that is compatible
00422 with the community and the environmental resources of the Florida
00423 Keys.
00424
2.
Encourage the diversification and expansion of local
00425 government tax bases in order to minimize the vulnerability of the
00426 local economy to economic fluctuations and to maximize employment
00427 opportunities for county residents.
00428
(b) Implementation:
00429
1.
Local
government shaB:
should implement an economic
00430 development program compatible with the objectives and guidelines
00431 contained in these Principles for the protection of natural and
00432 historic resources.
00433
2.
Local
government
shall
should
promote
economic
00434 expansion that will supplement and compliment the existing seasonal
00435 tourist industries.
The economic development program shall be
00436 consistent with the local governments ability to provide adequate
00437 public services.
00438
3.
Local
government
shall
should
give
special
00439 consideration to the promotion and protection of the marine fishing
00440 and aquaculture industries.
00441
4.
Local
government
shall
should
give
special
00442 consideration to water-dependent .;faci li ties through the development
00443 of a specific siting plan identifying environmentally acceptable
..
00444 locations for marine an other water-depen.ent uses.
-/J
.
00445
5.
Local
government
shall
should
encourage
through
00446 financial incentives and appropriate land development regulations the
00447 development and redevelopment of underutilized areas of existing
00448 development in the Florida Keys.
00449
(7) Fifth Objective:
Limit the adverse impacts of development
00450 on the quality of water throughout the Florida Keys.
00451
(a) Guidelines:
00452
1.
Development in the Florida Keys shall be planned and
00453 designed to function in a manner that protects and preserves the
00454 quality of surrounding waters and ecosystems.
00455
2.
Storm water management systems shall be designed to protect
00456 the absorptive, purifying and retentive functions of natural systems
00457 that exist on site of a proposed development.
00458
3.
Development shall be designed so as not to adversely affect
00459 local fresh water resources.
00460
4.
gemeB~ie Waste systems shall be planned and designed
00461 to function in a manner that protects and preserves the quality of
00462 ground water, surrounding waters, and natural ecosystems.
00463
00464
(b) Implementation:
1. Local government shall establish an effective water quality
00465 program to substantially reduce the adverse impact of storm water
00466 runoff from existing developed areas.
00467
2.
Local government shall establish effective guidelines and
00468 standards for the installation and long term maintenance of storm
00469 water management systems in new developments which incorporate Best
00470 Management Practices for storm water control and sewage treatment.
00471 These standards shall be equivalent, at a minimum, to standards set
00472 forth in Chapter 17-25, Florida Administrative Code.
00473
3.
Local government shall establish construction guidelines
00474 which provide for control of erosion from construction sites, the
00475 detention of sediment on-site, and the reduction of sediment buildup
00476 and turbidity in area waters.
00477
4.
Local
government
shall
require
that
applicants
for
00478 subdivision or site alteration ~pprov~l develop water management
00479 plans which demonstrate that the prop'osed activity has been designed
o.
00480 to meet the following standards:
.
-/'1
.
00481
a.
natural hydrological characteristics of the site shall be
00483
00482 maintained;
b.
surface and ground water quality shall be protected;
00484
00485 site;
00486
c.
erosion during and after construction shall be detained on
d.
beneficial functioning of wetlands for water storage and
00488
00487 pollution assimilation shall be protected;
increase flooding that results from improper location,
e.
00489 construction and design development shall be prevented; and
00490
adverse impacts to fish and wildlife habitat shall be
f.
00492
00491 prevented.
Local
government
5.
shall prohibit the construction of
00493 interior lakes or stormwater management systems which ~R~epsee~
00494 reduces any freshwater lens.
00495
Local government shall establish effective guidelines and
6.
00496 standards for the installation and long term maintenance of private
00497 domestic waste treatment systems that protect and preserve the
00499
00498 quality of surface water and ground water resources.
(8) Sixth Objective: Enhance natural scenic resources, promote
00500 the aesthetic benefits of the natural environment and ensure that
00501 development is compatible with the unique hi storic character of the
00503
00502 Florida Keys.
(a) Guidelines:
00504
1. Local government shall formulate criteria by which proposed
00505 development will be evaluated for compatibility with natural and
00506 historic characteristics of the Florida Keys.
This criteria will be
00507 used by the appropriate local agency in reviewing and making
00509
00508 recommendations on development proposals.
(b) Implementation:
00510
1.
In establishing review criteria the local governments
00512
00511 sha~~ should consider, but not be limited to, the following:
.
preservation of natural scenic vista;
00513
00514
00515
00516
a.
b.
preservation of existing low visual profile;
c.
set back restrictions;
d.
visual buffering;
..
e.
preservation and enhancement- of the unique historic
00517 architecture; and
- )..5
.
00518
f.
the extent to which development is compatible with the
00519 historic architecture.
Local government's shall implement sign and billboard
00520
2.
00521 ordinances. These ordinances shall, at minimum, provide for:
00522
00523
00524
00525
a.
uniform signagej
b.
limitation on the use of neon and flashing signsj and
c.
height and size restrictions.
3.
Local government shall require that utility service lines
00526 shall be placed underground where feasible and where soil and
00527 topographic conditions permit to preserve the natural scenic beauty
00529
00528 of the Keys.
4.
Local
government,
in
coordination
with
the
Florida
00530 Department
of
Transportation,
sRaB:
will
vigorous1v
pursue
00531 the establishment of a scenic view corridor plan for U. S. Route
00532 # 1.
00533
5.
Local government shall adopt provisions in the land use
00534 development regulations to provide the developers options for
00535 achieving the objectives of the comprehensive plan and the Principles
00536 for Guiding development which encourage the integration of the
These
00537 development into the immediate surrounding scenic vista.
00538 provisions may include density transfers, site alteration procedures
Particular emphasis should be placed on preserving
00539 and other means.
00540 existing tree line vistas.
00541
(9) Seventh Objective:
Protect the historical heritage of the
00543
00542 Florida Keys.
(a) Guidelines:
00544
1. Protect and preserve all sites contributing to the overall
00545 historical heritage of the Florida Keys.
00546
00547
00548 all
(b) Implementation:
1.
Local government shall conduct a comprehensive survey of
sites
national,
regional
historical,
00549 archaeological or geological significanc~.
having
or
00550
state
2.
Local regulations shall be modified to ensure that these
00551 sites are protected and preserved.
In formulating these regulations,
00552 mechanisms such as transfer of deve~opments rights, tax incentives,
..
00553 purchase of development rights and acquisition shall be used to
00554 insure adequate protection and preservation.
-Ii,
.
00555
3.
00556 of the state Historic Preservation Office at the Florida Department
At a minimum, local government shall request the assistance
00557 of State, Division 'of Archives, History and Records Management, in
Local
00558 the identification and protection of historic property.
00559 government
considerations
into
its
s,ha11
incorporate
these
00560 development review process.
Protect the value, efficiency, cost
00561
(10) Eighth Objective:
00562 effectiveness and amortized life of existing and proposed major
00563 public investments, including:
00564 1.
00565 2.
00566 3.
00567 4.
00568 5.
00569 6.
00570 7.
The Florida Keys Aqueduct and water supply facilities;
sewage collection and disposal facilities;
solid waste collection and disposal facilities;
Key West Naval Air Station and other military facilities;
transportation facilities;
Federal parks, wildlife refuges and marine sanctuaries;
state parks, recreation facilities, aquatic preserves and
00571 other publicly owned properties;
00572
00573 and
00574
00575
00576
city electric service and the Florida Keys Electric Co-op;
8.
9.
other utilities as appropriate.
(a) Guidelines:
1.
Local Government and the Florida Keys Aqueduct Authority
00577 shall establish a water use program to assure that potable water
00578 supplies are used efficiently.
00579
Local government and the Monroe County Waste Collection and
2.
00580 Disposal District shall establish a program to regulate the
00581 collection, storage, transfer, and final disposal of all wasterwater
00582 effluents (public and private), solid waste, trash and hazardous
00583 wastes.
The program shall be consistent with programs and
00584 regulations of the Florida Department of Environmental Regulation
00585 (DER).
00586
3.
Local government shall create a special zoning district an
00587 implementing regulations for noise and hazardous zones of the Key
00588 West Naval Air Station as delinea~ed by _the U. S. Navy Office of the
00589 Chief of Naval Operations.
00590
'.
4.
Local government shall establish a uniform and coordinated
00591 land use and transportation planning process, which will assure that
-/'J
.
00592 the distribution, location and intensity of future development on the
00593 Florida Keys shall not exceed the efficient use of the principal
00594 transportation system, including facilities on the islands including
00595 the bridges, causeways and related roadway systems.
00596
5.
Local government shall prepare and implement a Capital
00597 Improvements Plan based on viable funding sources to provide adequate
00598 infrastructure for existing and future development.
Development
00599 shall be coordinated with the availability of adequate infrastructure
00600 in order to protect the environment and maintain a high quality of
00601 life for the residents of Monroe County.
00602
(b) Implementation:
00603
1.
A water use program, consistent with the Monroe County
00604 Capital Improvements Plan, shall be established by local government
00605 in cooperation with the Florida Keys Aqueduct Authority to
00606 accomplish, at a minimum, the following:
00607
a.
mandatory installation of water conserving fixtures in all
00608 new development and redevelopmenti
00609
b.
establishment of an emergency water use and supply plan and
00610 update it annua1lYi and
00611
c.
establishment of a system for utilizing treated wastewater
00612 for irrigation of landscaping and park sites.
00613
2.
A program, consistent with the Monroe County Capital
00614 Improvements Plan, shall be established by the Monroe County Waste
00615 Collection and Disposal District in cooperation with local government
00616 to regulate the collection, storage, transfer and final disposal of
00617 effluents and wastes to accomplish, at a minimum, the following:
00618
a.
protection of existing and future waste treatment and
00619 disposal sites and landfill sites from encroachment by land uses
00620 which would endanger their function and existencei and
00621
b.
preparation
of
a
land
acquisition which
identifies
00622 potential sites necessary to properly dispose of the effluents and
00623 waste from a growing population.
00624
3 .
The special zoning .district created for the noise and
00625 hazard zones of the Key West Naval Air Station shall require the
00626 development within the zone be c~mpatib1e with air operations.
-.
00627 Implementation of this section should be closely coordinated with
00628 Office of the Chief of Naval Operations.
Similar districts shall be
-Ii
.
00629 created around civil airfields and in cooperation with the Florida
00630 Department
of
Transportation
and
the
Federal
Aviation
00631 Administration.
Codes for airfield districts shall clearly specify
00632 height limits for structures and other appropriate restrictions on
00633 development necessary to protect air operations and public health and
00634 safety.
00635
4.
Local government shall prepare and implement a land
00636 use/transportation planning process,
consistent with the Monroe
00637 County Capital Improvements Plan, that provides, at a minimum, the
00638 following:
00639
a.
a coordinated thoroughfare system that will meet future as
00640 well as current traffic needs;
00641
b.
a thoroughfare system which is consistent desired land use
00642 patterns;
00643
c.
road
plans
and
designs
which
preserve
critical
00644 environmental habitats and contribute to the aesthetic quality of the
00645 Keys;
00646
d.
a minimum standard of Level of Service ~e~
"D" on
00647 an annual basis and a Level of Service
~e~ "E" for a peak
00648 season traffic to determine whether future development efficiently
00649 uses the transportation system;
00650
e.
street parking, service roads and limited controlled access
00651 points to business, commercial and industrial development adjacent to
00652 the Highway.
Except: in cases of extreme hardship, access from any
00653 development wi thin 250 feet of a bridge or bridge ramp shall be
00654 prohibited;
00655
f.
evaluation of all future traffic circulation improvements
00656 to assure that the objectives set forth in this section are
00657 supported and maintained; and
00658
g.
encouragement of the uses of bicycles, mass transit and car
00659 pooling as al ternati ve forms of transportation.
q:'he ~Fe~Fam ahaB:
00660 iRel~ae aevele~meRt ef a eikiR~ system thFe~~he~t the Keys7
00661
5.
The
Capital
Improvements
Plan to be
developed
and
00662 implemented by Monroe County s~a11, at a minimum, include the
00663 following;
..
00664
a.
projections of levels of growth and the public expenditures
00665 the County intends to incur to meet the demand;
..
-)7
00666
b.
a time table and anticipated sources of funding for capital
00667 improvements;
00668
c.
evidence that demonstrates the Capital Improvement Program
00669 is sufficient to meet demands created by the Monroe County
00670 Comprehensive Plan; and
00671
d.
a requirement that development decisions shall take into
00672 consideration the availability of infrastructure both at present and
00673 in the
future
as defined wi thin a requi red county capital
00674 improvements program. Developments which will exceed the capacity of
00675 existing infrastructure=re shall be denied unless the Capital
00676 Improvements Program provides for the required expansion and
00677 specifies committed funds or the developer agrees to finance the
00678 immediate needed improvements.
00679
e.
The
"concurring"
requirements
of
"d"
above
or the
00680 transportation element of the Florida Keys Comprehensive Plan is, and
00681 shall be, continqent upon:
00682
(1). absolute
reliance
on
the
Florida
Department
of
00683 Transportation 5 Year Plan for U.S. #1 roadway improvements
00684
(2). the provisions of section 163.3177 (10)(b) F. S.
00685
6.
Local
government
shall
should
develop,
consistent
00686 with
the program of the
Florida Department of Heal th and
00687 Rehabilitative Services and the Florida Department of Environmental
00688 Regulation, as appropriate, alternatives to the individual waste
00689 treatment systems for consideration in the development review process.
00690
7.
Local government shall establish an impact fee ordinance to
00691 ensure that new development provides its fair share of expanded
00692 public facilities.
00693
(11).
Ninth Objective:
Limit the adverse impacts of
00694 proposed public investments on the environmental resources of the
00695 Florida Keys.
00696
(a) Guidelines:
00697
1.
Utili ty systems shall be designed to consider ecological
00698 impacts and minimize detrimental effects.
00699
2.
Public capital improveme?t facilities such as roads, solid
00700 waste disposal sites, and utility lines and structures shall be
..
00701 planned, designed, sited, constructed pnd maintained to minimize
00702 impact on tropical natural vegetation and wildlife habitat.
-cfo
.
00703 3. Local government shall adopt provisions, including
00704 incentives and restrictions, to promote infill ana
00705 redevelopment of areas with public facilities currently available.
00706 (b) Implementation
00707 1. Local government shall limi"t im~er"ielis slirfaees "te a
00708 minimlimshould insure that Roads and parking areas shall Be
00709 are constructed of crushed coral, marl or other permeable
00710 material ~e "the maximlim ex"ten~ wherein practicable.
00711 2. Local government shall prohibit excavation and filling in
00712 wetlands except fer essen"tial ~liBlie serviees when no
00713 alternative exists.
00714 3. Local government shall prohibit solid-fill roads or similar
00715 structures which obstruct water flow and wetlands. Major repairs of
00716 existing roads which obstruct water flow in wetlands shall include
00717 provisions for res~erin~ ~he na"tliral maintaininq the existing
00718 hydrology of the wetland area.
00719 4. Local government shall minimize the removal of natural
00720 vegetation during the placement and maintenance of public facilities.
00721 5. No new public facilities shall be extended to islands in
00722 the Florida Bay, the Gulf of Mexico or the Atlantic Ocean which are
00723 not currently connected by road or bridge to U. S. Route #1.
00724 (12) Tenth Objective: Make available adequate affordable
00725 housing for all sectors of the population in the Florida Keys.
00726 (a) Guidelines:
00727 1. Adequate and affordable housing should be available to all
00728 sectors of the population wi thin Monroe County, including low and
00729 moderate income families.
00730 2. Where the need is identified, developers shall be
00731 encouraged through financial incentives and appropriate land
00732 development regulations to incorporate a range of differing housing
00733 types in major residential developments.
00734 3. Local government shall encourage and support the use of
00735 energy conscious technological .solutions to housing construction cost
00736 problems, provided that those ne.w and advanced techniques do not
00737 compromise the structural integrity, durability, utility cost, or
'.
00738 occupant safety.
00739 (b) Implementation:
-t:f I
.
00740 1. Local government shall should consider during the
00741 development approval process, the provisions of incentives for
00742 developers who designate a portion of their proposed residential
00743 units to meet the needs of the handicapped, elderly, low and moderate
00744 income and special needs groups.
00745 2. Local government shall, to the maximum extent
00746 utilize local, state, and Federal housing programs to
00747 existing substandard units and to provide rental and
00748 assistance to low and moderate income groups.
00749 3. Local government shall should support the
00750 and policies of the Monroe County Housing Authority
00751 designed to administer and develop low income housing.
00752 4. Local government shall should participate in and
00753 encourage innovative housing finance programs from both the private
00754 and public sector arenas.
00755 5. Local government shall should enforce the County
00756 Housing Code by ensuring that an adequate number of qualified and
00757 competent personnel are available to administer the provisions and
00758 criteria contained within it.
possible,
upgrade
mortgage
programs
which are
00759 (13) Eleventh Objective: Provide adequate alternatives for the
00760 protection of public safety and welfare in the event of a natural or
00761 man-made disaster and for a post-disaster reconstruction plan.
00762 (a) Guidelines:
00763 1. Local government shall develop, implement, update and
00764 maintain plans and facilities to provide evacuation or protection in
00765 the event of a natural or man-made disaster.
00766 2. Local government shall develop procedures, including
00767 proposed changes in land use density, to guide reconstruction after
00768 natural disasters.
00769 3. Local government shall prevent
00770 services into high hazard areas.
00771 (b) Implementation:
00772 1. Local government shall develop,
00773 Time Emergency Plan as requ~red by
00774 Administrative Code.
the extension of public
adopt and operate a Peace
Chapter 9G-7, Florida
'.
..
-~c(
..
00775
2.
Local government shall develop and adopt a post-disaster
00776 reconstruction plan based on hazard mitigation policies including, at
00777 a minimum, the following;
00778
00779
the establishment of a damage classification scheme;
a.
b.
the establishment of damage assessment teams qualified to
00781
00780 identify:
1.
structures which should be demolished or which will require
00782 a permit for repair or reconstruction;
00783
ii. repairs need for public and private utili ties facilities
00784 and institutions; and
iii. cause of damage for each structure to assist in the
00785
00786 development of future mitigation plans;
00787
the establishment of a "recovery task force" to oversee the
c.
00788 reconstruction process and any policy issues which might arise after
00789 a storm disaster;
00790
d.
the establishment of guidelines for post-disaster repair
00791 and reconstruction, including but not limited to:
the timing and completion of damage assessments;
00792
00793
1.
ii. the timing and decision of any possible imposition of
00794 temporary development moratoria; and
00795
development
standards
which
repairs
and
to
iii. the
00796 reconstruction shall conform;
the establishment of a schedule for staging and permitting
00797
e.
00798 repairs and reconstruction according to established priorities
00799 assigned to the restoration of essential services, minor repairs,
00800 major repairs, and new development;
00801
the determination of which agency, such as the local
f.
00802 legislative body or a special recovery task force, is to implement
00803 the
policy
and
procedures
contained
the
Post-Disaster
in
00804 Reconstruction Plan; and
establishment
of
~e!ieies
responsibilities
for
00805
g.
the
00806 repairs and/or replacement of publi~ utilities and facilities
00807 including relocation to less hazardous areas.
00808
3.
Local government shall )..ocate_ critical public facilities,
00809 such as hospitals, power generating facilities and potable water
'.
00810 holding tanks, in areas that will minim~ze the possibility of their
0081l destruction.
-ell
..
00812
4.
Local
government
shall
should
consider
public
00813 acqui si tion of land in high hazard coastal areas, either through
00814 acquisition of full' fee title or acquisition of land use easement
00815 (use restrictions).
00816
5.
Local government shall designate hurricane hazard areas on
00817 subdivision plats ana reql:iire inser"tien ef aeea res"trie"tiens to
00818 control through its land development regulations land unsuitable for
00819 residential or other uses.
00820
6.
Local government shall develop and enforce housing and
00821 building code standards which reduce damages to structures caused by
00822 forces of a hurricane (particularly with respect to wind).
00823
7.
Local government shall remain in and fulfill all the
00824 requirements associated with the Federal Flood Insurance Program.
00825
8.
Local government shall demonstrate that it has the
00826 financial ability to pay for its share of replacing public facilities
00827 damaged during a major storm and not covered by the Federal Emergency
00828 Management Administration during a major storm event.
00829
9.
Local government shall require in the development review
00830 process that new commercial development contains adequate refuge
00831 areas on site to protect to protect. residents from natural hazards
00832 when evacuation is impossible.
00833
(14) Twelfth Objective:
Protect the public health, safety, and
00834 welfare of the citizens of the Florida Keys, and the maintenance of
00835 the Florida Keys as a unique Florida resource.
00836
(a) Guidelines:
00837
1.
Adequate levels of police, fire and medical service shall
00838 be provided to citizens of the Florida Keys.
00839
2.
Local
government
shall
guide patterns
of
land use
00840 development to preserve the unique features of the Florida Keys.
00841
(b) Implementation:
00842
1. Local government shall provide for a continuing evaluation
00843 of population growth and visitor use and their impacts on the
00844 adequacy of police, fire and medical service.
00845
2.
Local
government
shall
encourage the development of
00846 specialized transportation services to aid those persons otherwise
'.
00847 unable to reach health care iacilities.
-c?~
..
00848
3.
Local government,
in cooperation with State agencies,
00849 shall
should
attempt
to
vacate
plats
in
environmentally
00850 sensitive lands and~ when possible, acquire these lands for public
00851 benefit.
Alternatively, and especially in tropical hammocks, local
00852 government
shall
should
require
that
plats
consisting
of
00853 unimproved, substandard lots be replatted to protect the integrity of
00854 the ecosystem.
00855 Specific Authority 380.05, 380.0552 (1) F. S. Law Implemented 380.05,
00856 380.0552(1}
F.S.
History
New 5-16-75,
Formerly 22 F-8.03,
00857 Amenaea B-~3-B4 , Formerly 27 F-8.03, Transferred from 27F-8.003.
00858
ANNOTATIONS
00859
Standing
00860
Promulgation of rule governing developments of Florida Keys
00861 Areas of Critical State Concern is "final agency action" wi thin
00862 purview of F. S. A. s 120.68 ( 1); City of Key West has standing to
00863 appeal agency action, under F. S. A. s 120.52(9}(a}, as specifically
00864 named person whose submittal interest is being determined, and those
00865 individual petitioners who were allowed by agency to participate in
00866 hearings on proposed rule have standing to appeal agency action under
00867 F. S. A. s 120.52 (9) (c) .
00868 So. 2d 655 (1975).
City of Key West v. Askew, App.,(lii} 324
00869
28-29.004 Administration
00870
tlt--~he s"ta"te lana ~!annin~ a~eney shall aaminis"ter "the
00871 reql:iiremen"ts ef "these rliles "threli~h ne~e~ia"tea memeranaa ef a~reemen"t
00872 wi~h
eaeh
affee"tea
!eea!
~everHmen"t7
s~eeifyin~
re~er"tin~
00873 reql:iiremen"ts ana aeaalines fer im~lemeH"ta"tien.
00874
~ All
appropriate
state
and
regional
agencies
00875 shall render technical assistance and commit any available resources
00876 to aiding local governments in their compliance with these rules.
00877
lAl The
state
land
and
planning
agency
shall
00878 coordinate the programs and regulatory activities of state, regional
.
00879 and federal agencies to insure that they are consistent, to the
00880 maximum extent possible, with. local government comprehensive plans
00881 and development regulations app~oved under these Principles for
00882 Guiding Development.
'.
00883
i.ll The
above
guidelines ..
and
implementation
00884 requirements are oriented towards protection of natural resources and
-1.$
..
00885 public
investments
of
regional
and
state
importance.
The
00886 comprehensive plans and development regulations developed pursuant to
00887 these principles shall be:
00888
(a) performance oriented to maximize design flexibility;
00889
(b) administered to provide specific levels of protection that
00890 reflect the location, quality, environmental functions and the
00891 relationship of the protected resources to developed areas and public
00892 facilities; and
00893
(c) ADOPTED AND ADMINISTERED CONSISTENT WITH THE REQUIREMENTS OF
00894 CHAPTER 163, FLORIDA STATUTES.
00895
i!l The
state
land planning agency shall develop a
00896 mechani sm for monitoring local government comprehensive plans and
00897 land development regulations to ensure consistency with these
00898 principles.
00899 Specific Authority 380.05, 380.0552(1} F. S. Law Implemented 380.05
00900 380.0552(1} F. S. History - New 5-16-75 Formerly 22F-8.04, Amenaea
00901 8-~3-B4 , Formerly 27F-8.04, Transferred from 27F-8.004.
00902 ~B-~9.99S Effee"tive Ba"te. ~hese rl:iles shall "take effee"t "twen"ty
00903 t~9t aays af"ter filin~ wi"th "the Seere"tary ef S"ta"te.
00904 S~eeifie Al:i~heri~y ~~9.S4t~~t7 389.9S F. S. baw Im~lemen"tea 3B9.9S F.
00905 S. His~ery
New S-~6-~S7 Fermerly ~~F-B.957 Fermerly ~~F-B.9S7
00906 ~ransferrea frem ~~F-8.99S.
00907
28-29.006 Periodic Reconsideration. The Bureau of Land and Water
00908 Management, Department of Community Affairs shall, semi-annually or
00909 at the direction of the Administration Commission, from the effective
00910 date of this chapter, appraise the program made by all involved
00911 elements of state and local government in solving the problems of the
00912 Florida Keys Area of Critical state Concern, and shall present to the
00913 Administration Commission a status report which shall include the
00914 Bureaus recommendations for any changes or deletions of the rules in
00915 this chapter, including, without limitation, the boundaries of the
00916 Area and the principles for guiding development.
00917 SUCH REPORT SHALL ALSO INCLUDE COMMENTS AND RECOMMENDATIONS FROM
00918 LOCAL GOVERNMENT.
00919 Specific Authority 380 F. S. LawIm~lemented 380.05 F. S. History -
'.
00920 New 5-16-75, Formerly 22F-8. 06, Formerll' 27F-8. 06, Transferred from
0092127F-8.006.}
-1jp
..
..
00922
Section ~ 5 This act shall take effect July 1, 1988, or
00923 upon becoming law, whichever occurs later and shall sunset upon removal of
~()
00924 the designation of Area Critical State Concern. I~I ~
00925
************************
00926
00927 Provides that the principles for guiding development in the Florida
00928 Keys Area contained in ch. 27 F-8, Florida Administrative Code, as
00929 amended, shall continue in effect until such area is no longer
00930 designated as an area of critical state concern.
Deletes the
00931 principles for guiding development which were to have replaced those
00932 principles set forth in the Florida Administrative Code.
Provides
00933 for a local government in the Florida Keys Area to appeal a decision
00934 by the state land planning agency rej ecting a proposed enactment or
00935 amendment to a local government's comprehensive plan or land
00936 development regulations.
Provides for the Administration Commission
00937 to
adopt
approved
comprehensive
plans
and
land
development
00938 regulations by rule.
00939
APPROVED AS TO rt~i' .
. L~GAL 'f;tJFFlclENCV.
AND. Cot' 1I\..-"1I-V'>'~
. \.-L. \.. '- .......-- ---1-
[W .- Attame""s Offir.e
l
'.
-oj?
..