Ordinance 019-2004
ORDINANCE NO. 019 -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTIONS 9.5-119 AND 9.5-346,
MONROE COUNTY CODE; REVISING REQUIREMENTS FOR
RESTORATION OF LANDS CLEARED WITHOUT BENEFIT OF PERMIT
OR BEYOND SCOPE OF A PERMIT; DELETING TRANSPLANTATION
REQUIREMENTS AND SUBSTITUTING WITH REQUIREMENTS FOR
PAYMENT INTO THE MONROE COUNTY ENVIRONMENTAL LAND
MANAGEMENT AND RESTORATION FUND; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners have approved an ordinance
amending Section 6-29, Monroe County Code (MCC), to increase the fees for after-
the-fact permits, including the provision of mitigation fees for unlawful filling of
wetlands; and,
WHEREAS, the Growth Management Division staff was further directed to
prepare amendments to Section 9.5-119, MCC, to strengthen the standards for
restoration of habitat areas that are unlawfully cleared without benefit of a permit;
and,
WHEREAS, in reviewing Section 9.5-119, MCC, and related regulations, the
Growth Management Division staff determined that changes in the transplantation
requirements in Section 9.5-346, MCC, for on-site and off-site mitigation of cleared
habitat areas were warranted as transplantation has not been proven to be a
successful or cost-effective measure; and,
WHEREAS, the Growth Management Division staff has prepared amendments
to Section 9.5-119, MCC, to strengthen the restoration requirements and increase the
mitigation requirements for the clearing of lands without benefit of a permit; and,
WHEREAS, the staff has also prepared amendments to Section 9.5-346, MCC,
to replace transplantation as a mitigation option in the clearing of habitat with a
requirement for payment of mitigation fees into the county's "Restoration Fund", now
renamed the "Environmental Land Management and Restoration Fund"; and,
WHEREAS, these proposed amendments to the restoration standards of the
county's regulations are intended to ensure that such lands are fully restored and to
discourage unlawful clearing activity and to provide a dedicated funding source for
restoration and management of public conservation land; and,
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Page 1 of6
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to Sections 9.5-119 and 9.5-346, recommended by the Growth
Management Division; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THE FOLLOWING:
The proposed revisions are shown in strike-through/underline format. The strike-
through language is to be eliminated and the underlined language shall be added.
Section 1. The title to Section 9.5-119 is hereby amended as follows:
Sec. 9.5-119. Environmental restoration standards1
Section 2. Section 9.5-119 (a), MCC, is hereby amended and reorganized into
paragraphs (a) and (b) as follows:
(a) In the event any land clearing is occurring on a site and such clearing is
outside the scope of any permit issued or for which no permit was issued, the building
official or other authorized county official, shall issue a stop work order.2 If any land
clearing has occurred for which no permit has been issued, such activity shall be
subject to code enforcement proceedings under chapter 6.3.3 Except for issuance of
an approved after-the-fact permit for restoration, the following permit application
restrictions shall apply upon a stop work order, pursuant to chapter 6.0, or, a notice of
violation pursuant to chapter 6.3, until the restoration conditions of paragraph (b) are
met:4
(1) No application for a building permit application shall be processed or
issued for the subject site, except as provided for in paragraph (c).
(2) No ROGO/NROGO application for the subject site shall be accepted.
(3) Any ROGO/NROGO application for the subject site currently in the system
shall automatically be withdrawn and, if it is resubmitted, it shall be
considered a "new" application, requiring payment of appropriate fees
and receiving a new controlling date.
(b) The stop work order, if applicable, and the permitting restrictions of
paragraph (a) above and (c) below shall remain in full force and effect on the site,
except where a notice of violation is not sustained by the special master.
I Restoration agreements are being eliminated as the proposed language will not allow such agreements which allowed
stop work orders to be removed or permitting even though restoration had not taken place.
2 This revision provides clear authority to code enforcement officers or other duly authorized County officials to place
stop work orders.
3 This revised language reflects the fact that often times unlawfully clearing has already occurred before a stop work
order can be placed.
4 The penalties for unlawful clearing have been increased to include removal from the permit allocation system and halt
on any work or permitting until restoration is completed.
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(1) Restoration of the site to its pre-violation grade in accordance with a
restoration site plan approved by the county biologist.
(2) Replacement of the trees, shrubs, and groundcovers on the unlawfully
cleared site with native plant species as appropriate to the site unlawfully
cleared and, payment of a mitigation fee pursuant to sec. 9.5-346 to
compensate for the environmental damage for removal of those native
plants.5 The trees shall be of a size and maturity commensurate to the
unlawful clearing as determined by the county biologist. The native
species mix shall consist of the approximate percentages of the
predominant tree, shrub and groundcover species on the site unlawfully
cleared prior to the violation, but if any endangered or threatened tree,
shrub or groundcover species were unlawfully cleared, then those species
shall be replaced with plants of a size and maturity commensurate to and
related to the unlawful clearing as determined by the county biologist
regardless of predominance.
(3) All replanted trees, shrubs, and groundcovers shall be located on site
within the same areas that were unlawfully cleared in accordance with an
approved restoration site plan
(4) Except as expressively authorized by the county biologist pursuant to an
approved phased restoration site plan, all invasive exotic plant species,
on the most current Florida Exotic Pest Plant Council's list of Category I
or II invasive exotic plants shall be continuously removed during the
three (3) year period described in paragraph (d) below.
(5) A monetary guarantee for the restoration work as stipulated in paragraph
(e) shall be provided in the form of a surety bond.
Section 3. A new Section 9.5-119 (c), MCC, is hereby created as follows:
(c) Where clearing is done without benefit of a permit or where clearing
exceeds the permitted amount of square feet by more than ten (10%) percent, no
permits shall be issued on the property for a period of three years from the date of
the final inspection of the restoration work as described in (d) below, except for the
permit required to complete the restoration work and any permit exclusively limited to
addressing imminent risks to property and public health and safety.
Section 4. Section 9.5-119 (b), MCC, is hereby relabeled as paragraph (d) and
amended as follows:6
(d) At least eighty (80) percent of the trees replaced, as described in sec.
9.5-119 (b)(2), shall be viable at the end of a three (3) year period from the date of
the final inspection of the restoration work; however, dead or dying trees may be
replaced, subject to prior approval by the county biologist, during the three (3) year
5 If land is unlawfully cleared, only that portion of the site that can not be permitted for clearing will need to be restored
6 The one-year time period has been expanded to three-years, which is a much more realistic time period to ensure plant
growth and viability.
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period in order to assure the eighty (80) percent minimum is met at the end of three
years. The restoration work shall be inspected by the county biologist on an annual
basis during the three-year period. He may direct that dead or dying trees be
replaced as he deems necessary to ensure the eighty (80) percent standard will be
met at the end of the three years. All invasive exotic plant species, as described in
sec. 9.5-119 (a)(4) above, shall be continuously removed during the three (3) year
period described above, unless the county biologist directs otherwise.
Section s. Section 9.5-119 (c), MCC, is hereby relabeled as paragraph (e) and
amended as follows:
(e) The permit holder shall be required through a surety bond, to guarantee
the satisfactory completion of the restoration work in accordance with the approved
restoration site plan and the survival of at least eighty (80) percent of the replanted
trees for a period of at least three (3) years after the issuance of the after-the-fact
permit for the restoration work.7
(1) Guarantee amount: The amount of the restoration guarantee shall cover
the full costs of the restoration work described in sec. 9.5-119 (b) (1)
through (4). The estimated costs of the restoration described in sec.
9.5-119 (b) shall be the sum of a and b, below:8
a. One hundred (100) percent of the estimated cost of the restoration
described in sec. 9.5-119 fa1(b)(l) as estimated by the county!s
engineer; or alternatively, one hundred- fifty (150) percent of the
price of a binding contract for the restoration work required by sec.
9.5-119 (b)(l) entered into with a contractor qualified to perform
such work.
b. One hundred (100) percent of the estimated cost, as estimated by
the building official, of performing the restoration work described
in sec. 9.5-119(b)(2) through (4); or, alternatively, one hundred-
fifty (150) percent of the price of a binding contract for the
restoration work described in sec. 9.5-119 (b)(2) through (4)
entered into with a Florida licensed landscape architect.
(2) Surety bond: The surety bond shall be in a form and with a bonding
company approved by the county attorney. The bond shall be payable to
the county in the amount of estimated total cost for restoration work as
calculated in sec.9.5-119(e)(1) above, and enforceable, on or beyond a
date thirty-six (36) months from the date of the permit issued for the
7 The current regulations do not require monetary guarantees except in the case of a restoration agreement which have
been eliminated in the proposed ordinance. This guarantee is needed to ensure restoration is completed and the
survivability of the replacement plants is ensured.
8 The estimated costs to base the amount of surety bond is higher for amounts based on construction contracts to provide
some protection for the County in case of a default where the construction contracts may not reflect true costs.
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restoration work. Release of any bond shall be conditioned upon final
approval by the county biologist of the restoration work.9
(3) Default: All guarantees shall provide that if the permit holder failed to
complete required restoration work accordance with the restoration site plan and
failed to comply with the requirements of sec. 9.5-119 (d), the director of planning in
consultation with the county attorney, may take the following action: Inform the
bonding company in writing of default by the permit holder and request that it take
necessary actions to complete the required improvements.10
Section 6. Section 9.5-346 ("Transplantation Plan") MCC, is hereby deleted and
replaced with the following: 11
Section 9.5-346. Mitigation standards and county environmental land
management and restoration fund.
(a) Mitigation standards: The removal of any listed threatened,
endangered, commercially exploited, and regionally important native plant species
and all native trees with a diameter at breast height (DBH) of greater than four (4)
inches shall require payment to the County Environmental Land Management and
Restoration Fund in an amount sufficient to replace each removed plant or tree on a
two to one (2: 1) basis.12 The number, species, and sizes of trees and plants to be
mitigated shall be identified in an existing conditions report approved by the county
biologist in accordance with the minimum size requirements set forth in sec. 9.5-367.
(b) Mitigation fees determination: The mitigation fee shall be based on the
replacement cost of the specific plants and trees. The costs for replacement plants
and trees shall be based upon a price schedule maintained and updated annually by
the county biologist. This schedule shall be based on price quotes by at least three (3)
private plant nurseries within Monroe County or Miami-Dade County.
(c) County environmental land management and restoration fund: The
board of county commissioners may establish a special revenue fund called the
Monroe County Environmental Land Management and Restoration Fund. Revenues
and fees deposited in this fund shall be used for restoration and management
9 The options for use of a cash escrow and letter of credit have been eliminated and replaced with surety bond which is
easier to administer and ensures funds will be available even if property owner goes out of business.
10 This default language has been added similar to language for subdivision improvements in Section 9.5-85.
II The entire concept of on-site transplantation, except for restoration, and off-site transplantation has been eliminated
due to the problems with plant survivability. Instead, the concept is that for any clearing of habitat, the permit holder
will have to pay a mitigation fee into the County's environmental land management and restoration fund. The County
will be in a better position to direct such funds to where they are needed the most. The three -to-one requirement for
replacement of native plants within cleared areas is consistent with Comprehensive Policy 205.2.9 for off-site
transplantation.
12 The existing off-site transplantation requirement is 3 to 1; however, as on-site transplantation is no longer an option,
for purposes of mitigation the 2 to I ratio is more than sufficient to cover the costs of replacement and installation.
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activities of public resource protection and conservation lands, as specifically detailed
by resolution of the board. of county commissioners.13
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 16th day of June, AD, 2004.
Mayor Nelson
Mayor Pro Tern Rice
/;;:.:~-G;~ioner McCoy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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13 This codifies the establishment of an environmental land management and restoration fund, which has already been
authorized by resolution of the Board of County Commissioners. Funds from this account will not be used for land
acquisition purposes and will be detailed by the Board of County Commissioners through policy resolutions.
Document 13
Page 6 of6
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305)852-7146
July 9, 2004
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Certified Mail Receipt #70041160000719745349
Dear Ms. Cloud:
Enclosed please find certified copies of the following:
Ordinance No. llA-2004 amending Sec. 9.5-122.3 of the Monroe County Land
Development Regulations in order to prohibit the award of ROGO Points for aggregation in
specific areas; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and directing the Planning Director to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs and
providing an effective date.
/ Ordinance No. 019-2004 amending Sections 9.5-119 and 9.5-346, Monroe County Code;
Revising requirements for restoration of lands cleared without benefit of permit or beyond scope
of a permit; Deleting transplantation requirements and substituting with requirements for payment
into the Monroe County Environmental Land Management and Restoration Fund; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; Providing for severability; and Providing for an effective date.
Attached hereto are certified copies of the subject Ordinances for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very tlUly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
By: ~o.LJ- C. /fk~>J~
Isabel C. DeSantis, Deputy Clerk
•
cc: Growth Management Director
Monroe County Commission
County Attorney
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JUL 12 2004
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
July 15, 2004
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letters dated July 9, 2004 and certified copies of Monroe County Ordinance
Nos. 011A-2004, 015-2004, 019-2004 and 020-2004, which were filed in this office on
July 12, 2004.
Sincerely,
~~~
Liz Cloud
Program Administrator
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OSTATE LIBRARY OF FLORIDA
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