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Ordinance 021-1975 . " ORDINANCE NO. 2l -1975 AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA, REGULATING MAJOR DEVELOPMENT PROJECTS; PROVIDING INTENT FOR THE COORDINATED REVIEW AND APPROVAL OF MAJOR DEVELOPMENT ACTIVITIES; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR QUALIFYING CRITERIA FOR A MAJOR DEVELOPMENT PROJECT INCLUDING A SUBDIVISION AS IDEN- TIFIED IN THE PLAT FILING ORDINANCE CONTAINING FIVE ACRES OR MORE, A ZONING DISTRICT MAP AMENDMENT AS IDENTIFIED IN THE COMPREHENSIVE ZONING ORDINANCE CON- TAINING FIVE ACRES OR MORE, A PLANNED UNIT DEVELOP- MENT AS IDENTIFIED IN THE COMPREHENSIVE ZONING ORDI- NANCE CONTAINING FIVE ACRES OR MORE, AN ACTIVITY OR USE WHICH INCLUDES THE CONSTRUCTION OF BUILDINGS IN EXCESS OF FORTY-FIVE FEET IN HEIGHT, ANY RESIDENTIAL ACTIVITY INVOLVING THE CONSTRUCTION OF TEN OR MORE DWELLING UNITS PER ACRE OR FIFTY OR MORE TOTAL DWEL- LING UNITS, ANY NON-RESIDENTIAL ACTIVITY CONTAINING FIVE ACRES OR MORE, ANY ACTIVITY SO DESIGNATED BY THE ZONING OFFICIAL, ZONING BOARD OR BOARD OF COUNTY COM- MISSIONERS WITH SPECIFIED CONSIDERATIONS, AND ANY ACTIVITY DESIGNATED AS A MAJOR DEVELOPMENT PROJECT WITHIN THE CONTEXT OF ANY LOCAL, REGIONAL, STATE OR FEDERAL REGULATION WHICH MAKES SPECIFIC REFERENCE TO THIS ORDINANCE; PROVIDING FOR AN INITIAL ADVISORY MEETING WITH CERTAIN DESIGNATED OFFICIALS TO REVIEW THE APPLICANT'S REQUIRE~mNTS OF A MAJOR DEVELOPMENT PROJECT INCLUDING ENVIRONMENTAL DESIGNATION SURVEY REQUIREMENTS, COMMUNITY IMPACT STATEMENT, CONFORMANCE WITH PLAT FILING ORDINANCE, CHARACTERISTICS WHICH IDENTIFY A MAJOR DEVELOPMENT PROJECT, SUBMISSION OF CONSTRUCTION DRAWINGS, PLANS OF THE PROPOSED PROJECT AREA AND SURROUNDING AREA, GENERAL DIAGRM1 INDICATING PROJECT LAND USE AND DEVELOPMENT SCHEME, INFO&~TION ON TOPOGRAPHY, VEGETATION, WATER AREAS, DRAINAGE PATTERNS, OPEN SPACE, WATER SUPPLY, SEWAGE DISPOSAL, SUBSURFACE DEVELOPMENT CHARACTERISTICS, AND AERIAL PHOTOGRAPHS, IMPACT INFORMATION FOR POPULATION, CONGESTION, SCHOOLS, TAXES, NATURAL ENVIRONMENT, AND GROWTH PATTERNS, AND ADDITIONAL INFORMATION AS DEEMED NECESSARY; PROVIDING FOR PROCEDURES FOR SUBMISSION, REVIEW AND APPROVAL OF ENVIRONMENTAL DESIGNATION SURVEY REQUIREMENTS; PROVIDING FOR CRITERIA TO BE INCLUDED IN THE ENVIRONMENTAL DESIGNATION SURVEY; PROVIDING FOR RECORDING OF APPROVED ENVIRONMENTAL DESIGNATION SURVEYS IN THE OFFICE OF THE ZONING OFFICIAL; REFERENCING THE ENVIRONMENTAL DESIGNATION SURVEY TO THE LAND AND MAKING IT TRANSFERABLE WITH THE LAND; REQUIRING AN APPROVED ENVIRONMENTAL DESIG- NATION SURVEY BEFORE PROCEEDING FURTHER WITH A MAJOR DEVELOPMENT PROJECT PROPOSAL; PROVIDING FOR WAIVER OF THE ENVIRONMENTAL DESIGNATION SURVEY BY THE ZONING OFFICIAL WHEN THE PROPERTY UNDER PROPOSAL IS ENTIRELY WITHIN A DEVELOPED AREA: PROVIDING FOR APPEAL PROCEDURES TO THE BOARD OF ADJUSTMENT; PRO- VIDING FOR MAJOR DEVELOPMENT PROJECT PERFORMANCE STANDARDS IN ADDITION TO ALL APPLICABLE LOCAL, RE- GIONAL, STATE AND FEDERAL STANDARDS; REQUIRING INI- TIATION OF PROJECTS WITHIN ONE YEAR AND COMPLETION WITHIN TWO YEARS UNLESS OTHERWISE APPROVED BY THE ZONING BOARD; REQUIRING O~~ER TO PROVIDE THROUGH APPROPRIATE DOCUMENTS ALL AREAS REQUIRED FOR ENVIRON- MENTAL PRESERVATION; REQUIRING STATEMENT OF FINANCIAL RESPONSIBILITY AND POSTING OF SURETY BONDS; PROVIDING ALL CHANGES IN A MAJOR DEVELOPMENT PROJECT BE APPROVED IN CONFORMANCE WITH THIS ORDINANCE; SPECI- FYING THE REQUIREMENTS FOR MAJOR DEVELOPMENT PRIOR TO THE PREPARATION OR SUBMISSION OF ANY PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR AN ADVISORY MEETING ON MAJOR DEVELOPMENT REQUIREMENTS; PROVIDING FOR COM- MUNITY IMPACT STATEMENT REQUIREMENTS AND ASSURING -2- THAT THE IMPACT STATEMENT WILL ADDRESS IN DETAIL THE EFFECTS OF THE DEVELOPMENT PROJECT ON FACILITIES AND PUBLIC SERVICES, THE ENVIRONMENT, NATURAL RE- SOURCES, HISTORICAL AND ARCHEOLOGICAL RESOURCES, LOCAL AND REGIONAL HOUSING NEEDS, THE LOCAL ECONOMY, AND OTHER AREAS AFFECTING QUALITY OF LIFE; PROVIDING FOR THE INCLUSION OF INFORMATION REQUIRED FOR A DEVELOPMENT OF REGIONAL IMPACT AS SPECIFIED IN CHAP- TER 380, FLORIDA STATUTES; REQUIRING THE PRELIMINARY DEVELOPMENT PLAN TO BE DRAWN AT A SCALE OF TWO HUNDRED FEET TO ONE INCH OR LARGER; PROVIDING FOR THE INCLU- SION OF CERTAIN INFORMATION IN THE PRELIMINARY DEVEL- OPMENT PLAN; REQUIRING THE SUBMISSION OF SUPPLEMEN- TARY MATERIAL WITH THE PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR CONSTRUCTION PLANS AND SPECIFICATIONS TO BE DRAWN TO COUNTY STANDARD SCALES AND ELEVATIONS INCLUDING CROSS SECTIONS, PROFILES AND GRADES; RE- QUIRING PROPOSED CONSTRUCTION PLANS AND SPECIFICATIONS FOR ALL REQUIRED OR PROPOSED PROJECT IMPROVEMENTS AND SPECIAL CONDITIONS BE SUBMITTED TO THE ZONING OFFICIAL FOR APPROVAL; PROVIDING FOR REVIEW OF THE PRELIMINARY DEVELOPMENT PLAN BY THE ZONING BOARD; PROVIDING FOR APPLICATION PROCEDURES; REQUIRING THE ZONING BOARD TO HOLD PUBLIC HEARINGS ON THE PRELIMINARY DEVELOP- MENT PLAN; PROVIDING FOR PUBLIC HEARING NOTICES AND PROCEDURES; PROVIDING PROCEDURES FOR ZONING BOARD APPROVAL AND FILING OF PRELIMINARY DEVELOPMENT PLAN; REQUIRING THE FINAL DEVELOPMENT PLAN BE SUBMITTED WITHIN ONE YEAR FROM THE DATE OF SUCH APPROVAL; PRO- VIDING FOR THE EXTENSION BY THE ZONING BOARD; PRO- VIDING FOR PROCEDURES FOR SUBMISSION AND APPROVAL OF THE FINAL DEVELOPMENT PLAN; PROVIDING FOR PROCEDURES FOR APPEAL TO THE BOARD OF COUNTY COMMISSIONERS; PRO- VIDING FOR PROCEDURES FOR RECORDING AND FILING OF APPROVED FINAL DEVELOPMENT PLAN; PROVIDING FOR CON- TINUOUS INSPECTION BY THE ZONING OFFICIAL; PROVIDING FOR PROCEDURES FOR NON-COMPLIANCE VIOLATIONS; RE- QUIRING COMPLETION OF PROJECT WITHIN SPECIFIED TIME LIMITS; PROVIDING FOR OVERALL COORDINATION OF MAJOR DEVELOPMENT PROJECTS BY THE ZONING OFFICIAL; PRO- VIDING FOR ADMINISTRATIVE FEES AND COST OF PUBLIC NOTICE TO BE SET BY THE ZONING OFFICIAL; SPECIFYING CONDITIONS OF VIOLATIONS; PROVIDING FOR REMEDIES FOR VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Short Title. This Ordinance is entitled Major Development Project Ordinance, Monroe County, Florida, and may be referred to as Major Development Project Ordinance, and/or Development Plan Requirements, and/or Community Impact Statement Requirements and/or Environmental Designation Survey Requirements, Section 2. Purpose, Goals and Benefits. The purpose and intent of this Ordinance is to promote, protect and improve the public health, safety, comfort, order, appear- -3- ance, convenience, morals, and general welfare by establishing certain policies, procedures and regulations designed to provide for and en- courage the coordinated, orderly and comprehensive review and approval of major development activities within Monroe County in accordance with the County's Comprehensive Plan, related development policies, and existing and future social, economic and public needs. The benefits to be derived from the use and application of this Ordinance will be the attainment of a logical and systematic local administrative review process which will enable major develop- ment activities to be coordinated with existing and anticipated streets, community facilities and services as well as the prevention of undue congetsion and the mixing of incompatible land uses, In addition, the value of land, buildings, and natural resources will be conserved and the character and stability of residential, commercial, industrial, public and natural areas will be protected and enhanced. In general, the goals and objectives of the Major De- velopment Project Ordinance are as follows: (1) To establish policies and procedures that will facilitate orderly and coordinated review of major development activ- ities in order to attain overall desirable land and water utilization and to achieve the most suitable and best use of the natural ecology and environmental resources of the County, (2) To attain the maximum coordination and integra- tion of major development activities so that they can be conveniently and efficiently serviced by community facilities, public streets, edu- cational facilities, recreational areas, public open spaces and natural ecology of the area. (3) To ensure safe and convenient traffic circulation, pedestrian movement, common open areas, adequate utilities, recrea- tional facilities, and the development of an economically stable and healthful community. (4) To discourage haphazard, premature, uneconomic or scattered land use and/or major development activities. -4- (5) To ensure that the citizens and taxpayers of Monroe County will not have to bear the costs resulting from haphazard and uncoordinated major development activities, or the lack of ade- quate and essential physical improvements and public services neces- sary to support and maintain such development. Section 3. Definitions. The words defined below are words which have special or limited meanings as used in this Ordinance and might not otherwise be clear. Words whose meaning is self-evident as used in this Ordi- nance are not defined here. Words used in the present tense shall include the future; the singular includes the plural, and vice versa; the word "shall" is mandatory; the work "may" is permissive. ZONING OFFICIAL: The person, or his duly authorized repre- sentative, who is responsible for the overall administration and en- forcement of this Ordinance. The Zoning Official shall be the Director of the Monroe County Planning and Zoning Department. BOARD OF COUNTY CO}fMISSIONERS: The Board of County Commis- sioners for Monroe County, Florida. BOAP~ OF ADJUSTMENT: The Board of Adjustment for adminis- trative appeals for Monroe County, COMMUNITY IMPACT STATEMENT: An evaluation of a given pro- ject or specific development's favorable or unfavorable impact on the overall environmental structure, natural ecology and economic, historic, social, and related public resources of Monroe County, in- cluding local and regional housing needs. DEVELOPMENT PLAN: A map, plan or chart of a tract of land or property which is drawn to the required scale and shows the exist- ing or proposed location of boundary lines, buildings, structures, uses or any other data or information required by this Ordinance for Major Development Projects. DEVELOPMENT PLAN PRELIMINARY: A map, plan or chart of a tract of land or property which is drawn to the required scale and shows the existing or proposed location of boundary lines, buildings, structures, uses or any other data or information required by this Ordinance for Major Development Projects, which depicts that portion -5- of a proposed development project which is proposed for immediate development. DEVELOPMENT PLAN FINAL: A map, plan or chart of a tract of land or property which is drawn to the required scale and shows the existing or proposed location of boundary lines, buildings, struc- tures, uses or any other data or information required by this Ordi- nance for Major Development Projects, which conforms substantially to an approved Preliminary Development Plan including all special con- ditions attached to the Preliminary Development Plan approval. ENVIRONMENTAL DESIGNATION SURVEY: An investigative analysis and mapping of local vegetation which is required by Ordinance and is intended to serve as a basis for determining areas within a specific property which are suitable and desirable for development and those areas within the same property which are not suitable for development due to unique and natural features of the local ecology and environ- ment of Monroe County. MAJOR DEVELOPMENT PROJECT: A Major Development Project shall be any existing and/or proposed activity or use which reflects one or more of the following identified characteristics. (A) A subdivision as identified in the Monroe County Plat Filing Ordinance and which contains five (5) acres or more land and/or water area. (B) A zoning district map amendment as identified in the Monroe County Comprehensive Zoning Ordinance and which contains five (5) acres or more land and/or water area. (C) A planned unit development (PUD) project as identified in the Monroe County Comprehensive Zoning Ordinance and which con- tains five (5) acres or more land and/or water area. (D) An activity or use which includes the construction of buildings in excess of forty-five (45) feet in height. (E) Any residential activity or use involving the construc- tion of ten (10) or more dwelling units per acre of land and/or water area, or involving the construction of fifty (50) or more total dwell- ing units. -6- (F) Any non-residential activity or use which contains five (5) acres or more land and/or water area. (G) Any activity or use which the Zoning Official, Zoning Board, or Board of County Commissioners deems necessary and appropriate to designate as a Major Development Project based on one or more of the following considerations: (1) The activity or use being considered as an immediate project is in fact part of a total property for which addi- tional parts of the property are anticipated to be submitted as pro- jects within the foreseeable future. (2) The activity or use reflects sufficient scope, scale and size to justify its being designated as a Major Develop- ment Project in order to ensure its reasonable implementation, if approved, and its proper review prior to such approval. (3) The proposed activity or use cannot be adequately and properly reviewed by the County without the benefit of its being designated as a Major Development Project due to the nature, com- plexity and type of development scheme proposed. (4) The activity or use could not be adequately pro- vided with, or served by, the necessary public services and/or facil- ities within the anticipated time frame that would be required if the project was approved in its entirety based on only the required zoning ordinance compliance and use ordinance procedures. (5) Any other reasonable or justifiable finding that would demonstrate the necessity for designating the activity or use as a Major Development Project including the necessity for the appli- cant to demonstrate compliance with all applicable regional, state and federal regulatory and permitting procedures prior to the issuance of any local development approval, clearance or permit. (H) An activity or use which is designated as a Major Development Project within the context of any local, regional, state or federal regulation, ordinance or other similar resolution which makes specific reference to this Ordinance and specifies that the particular type of activity or use so designated is to conform with all of the -7- provisions of this Ordinance, In addition, any such local, regional, state of federal regulation, ordinance or other similar resolution may incorporate the definition of a Major Development Project as set forth herein by making reference to this Ordinance and the definition of a Major Development Project contained herein. REQUIRED PROJECT IMPROVEHENTS: All of the specified im- provements required by the provision of this Ordinance including any project improvement required as a special condition or otherwise stipu- lated in conjunction with official action approving a Major Develop- ment Project, Project improvements proposed by the applicant and stipulated as improvements to be completed prior to final development plan approval shall also be considered as required project improvements. SUBDIVISION: The division of land into one or more lots, sites, tracts, parcels or however otherwise designated, for the pur- pose of transfer of ownership, leasing or building development. In addition, the term subdivision includes the dedication of a road, high- way, street, alley or easement through or on any tract of land and/or the resubdivision of land heretofore divided and platted into lots, sites, parcels or however otherwise designated. ZONING BOARD: The Zoning Board for Monroe County, Florida. Section 4, Initial Advisory Meeting. An initial Advisory Meeting with the Zoning Official, his staff and all other appropriate and designated officials shall be held prior to the preparation or submission of any initial or prelimin- ary development plan. The purpose of this meeting shall be to discuss informally the minimum data and information required for such plans, The advisory meeting and informal review is designed to prevent un- necessary and costly revisions in the design and development scheme. Requirements to be discussed at this initial advisory meeting are as follows: (l) Environmental Designation survey requirements. (2) Community Impact Statement. (3) Conformance with Plat Filing Ordinance. -8- (4) Characteristics which identify a Major Develop- ment Project. (5) Submission of Construction Drawings. (6) Plans indicating the proposed project area and its relationship to the surrounding area including major land uses, community facilities and streets, (7) A general concept diagram for the area indicating the anticipated overall project land use and development scheme in- cluding the following: (a) Basic residential and/or non-residential land use activities including permanent natural preservation areas and/or common open space areas. (b) Basic major street and vehicular circulation pattern. (c) Basic major community facilities and/or public land areas, (8) General information and basic data pertaining to the site in regard to the following: (a) Topography, specific vegetation and ground cover. (b) General surface characteristics, water areas, drainage pattern and hundred (100) year flood prone areas. (c) Water supply and sewage disposal capabilities including general sub-surface development characteristics, (d) Aerial photographs and similar data and/or information, (9) General data and information relating to the pro- posed project in sufficient detail to discuss the potential impact the ultimate development could have on the following: (a) Total population (b) Congestion (c) School cost/revenue (d) County Maintenance/Tax receipts (e) Natural environment and ecology -9- (f) Land Use relationships (g) County growth pattern (10) Any additional data and/or information deemed necessary by the Zoning Official. Section 5. Environmental Designation Survey, The Zoning Official shall require the submission of an Environmental Designation Survey showing all of the appropriate and applicable data and information set forth below when an applicant sub- mits a request for Major Development Project review and approval. (A) Submission, Review and Approval Procedures for Prelim- inary Environmental Designation Survey. The procedure for review and approval of all required Environmental Designation Surveys shall be as follows: (l) An accurate legal description of the property in question. (2) In addition, the applicant shall attach two (2) copies of a plan, drawn at an appropriate scale, showing the specific property involved as well as the existing zoning, streets, roads and public places surrounding the property within one thousand (lOOO) feet. (3) In addition, the applicant shall submit two (2) copies of a plan drawn to a scale of two hundred (200) feet to one (1) inch or larger and shall show the following: (a) Location of Property. (b) Names and addresses of the owners, owners representative, agent, engineer or surveyor and the owners of the adjacent property. (c) Date, approximate North Point and graphic scale. (d) Acreage within the property. (e) Boundary lines of the property and their bearings and distances. (f) Topography and typical ground cover. (g) General surface characteristics, water areas and drainage patterns, -lO- (h) Existing easements and their widths and distances. (i) Existing streets and waterways on and adja- cent to the property and their names, widths, and other dimensions as may be required. (j) Utilities on and adjacent to the property, if any, (k) Contours at an interval of not greater than one (1) foot or at a lesser interval if deemed necessary for review purposes. (1) One hundred (lOO) year flood prone areas. (m) Presently developed and/or already altered lands. (n) Location of the mean high water line. (0) Location of the fixed Shoreline Protection Zone. The applicant shall also submit: (a) A natural vegetation map, (b) Aerial photographs of the property and sur- rounding area. (c) A review of historical and archeological sites by the Division of Archives, History and Records management. (d) A map of unique environmental features such as: (1) climax tropical hardwood hammocks. (2) endangered species habitat, (3) major wildlife intensive use areas. (e) A general location and vicinity map in- cluding relationship of property to surrounding land uses, community facilities and major streets. (f) Water supply and sewage disposal capabil- ities including general sub-surface development characteristics. (g) Actual acreage of specific vegetation species or other environmental characteristics. -11- (h) General information relating to the pro- perty in regard to the potential impact development of the site could have on the areas natural environment and ecology. (B) Action by Zoning Official on Preliminary Environmental Designation Survey. The Zoning Official shall review the Preliminary En- vironmental Survey in regard to the completeness of the data and in- formation provided and the extent to which the unique and natural features of the property have been identified. Field investigations may be conducted for the purpose of verifying the accuracy of the data and information submitted. Upon a finding that the required data and information are complete, accurate and in proper form, the Zoning Official shall approve the Preliminary Environmental Designation Sur- vey as the Final Environmental Designation Survey. If it is found that the survey is incomplete with respect to data and information requirements or that the data and information submitted contains sig- nificant errors of fact, the Preliminary Designation Survey shall be returned to the applicant with an itemized statement of the deficien- cies and/or inaccuracies to be corrected. (C) Submission of Final Environmental Designation Survey. If the Preliminary Environmental Designation Survey was not approved as the Final Environmental Designation Survey, the applicant may after correcting the items set forth in the statement of deficiencies and inaccuracies resubmit the Preliminary Environ- mental Designation Survey for final action by the Zoning Official. (D) Action by Zoning Official on Final Environmental Designation Survey. The Zoning Official shall review the revised Prelimin- ary Environmental Designation Survey to assure that the items speci- fied in the statement of deficiencies and inaccuracies have been corrected. Upon finding that all specified items have been corrected and that all other data and information is substantially unchanged, the Zoning Official shall approve the revised Preliminary Environ- mental Designation Survey as the Final Environmental Designation Sur- vey. ® I -12- (E) Recording and Effect of Approved Environmental Desig- nation Survey. All approved Final Environmental Designation Surveys shall be recorded in the Office of the Zoning Official . A Final En- vironmental Designation Survey shall apply to the property for which it was approved and not to the individual who applied for it . The Environmental Designation Survey also runs with the land and is transferable to any future owner of the land, but it cannot be trans- ferred by the applicant to a different site. No Major Development Project shall be approved which violates the spirit or intent of the Environmental Designation Survey or that is not in conformance with any specific requirement, provision, or condition pertaining to the specific projects for which the Environmental Designation Survey was approved. The effect of an approved and recorded Environmental Designation Survey shall be to permit an applicant for Major Develop- ment Project review and approval to proceed with the preparation and submission of a Community Impact Statement and Initial or Preliminary Major Development Project Plan, as applicable. The Approved Environmental Designation Survey Plan will be included and made a part of any Major Development Plan. (F) Environmental Designation Survey Waiver. The Zoning Official may issue an Environmental. Designa- tion Survey Waiver when an applicant. for Major Development Project review and approval can provide sufficient justification to indicate that the property for which he is requesting such review and approval is located entirely within a developed area. Such statement of justi- fication shall be required by the Zoning Official and shall be suffi- cient in detail to ensure that the request, if approved, will not endanger any environmentally critical area of Monroe County. (G) Appeal Procedure. If the applicant feels aggrieved by an administrative decision of the Zoning Official the applicant may appeal to the Board of Adj.ustment as provided for in ARTICLE V, Section 5 , of the Monroe County Comprehensive Zoning Ordinance. • • • -13- Section 6. Major Development Project Performance Standards . In addition to conforming with all appropriate and applicable local, regional, state and federal standards , all proposed Major Development Projects shall be subject to the following perform- ance standards : (A) Construction of all Major Development Projects shall be initiated within one (1) year and completed within two (2) years after approval of the final development plan unless otherwise specified or approved by the Zoning Board. (B) The Zoning Board may require that any or all project construction be of an approved fire resistant material, additional building or siting specifications designed to reduce hurricane damage potential, or that the applicant provide the Zoning Official with written certificates of approval from any appropriate federal, state, regional, or local governmental reviewing body, agency or official as appropriate. (C) The owner of a Major Development Project shall provide and permanently perpetuate through common ownership , covenants , agree- ments , reservation, dedication or other appropriate documents all areas required for environmental protection and preservation. Such areas shall be subject to review and approval by the Zoning Board and shall be designed so as to maximize the compatibility of the Major Development Project with the surrounding area in which it is to be located. (D) The applicant of a Major Development Project may required to provide a detailed statement of assurance including covenants , agreements , or other specific documents showing the owner- ship and method of providing perpetual maintenance to be applied to those areas within the project that are to be used for landscaping, open space, recreational or other common or quasi-public purposes . (E) The applicant of a Major Development Project may be required to provide a statement of financial responsibility including the posting of a performance or surety bond payable to Monroe County, Florida, to assure the installation of project improvements , includ- ing those required as. special conditions . The bond shall be subject ® ® _ -14- to the condition that the improvements will be completed within one (1) year after approval of the final development plan unless other- wise specified or approved by the Zoning Board. (F) The appropriate reviewing body shall recommend to the Zoning Board any reasonable special condition necessary to ensure that there shall be no departure from the intent of this Ordinance. Because a Major Development Project must be tailored to the topography, natural environment and neighboring uses , the performance standards and special conditions for Major Development Projects cannot be in- flexible. (G) There shall be no change, alteration, amendment or extension of any approved Major Development Project final development plan unless such change, alteration, amendment or extension is approved in conformance with this Ordinance . Section 7. Community Impact Statement . The Zoning Official shall require the submission of a Community Impact Statement containing all of the appropriate and applicable data and information set forth below when an applicant re- quests Major Development Project review and approval. The Community Impact Statement shall be submitted along with the Preliminary Development Plan, as applicable, and shall be reviewed and approved along with such Preliminary Development Plan as applicable. (A) Purpose and Intent. The purpose of a Community Impact Statement shall be to provide a basis for assessing a proposed Major Development Project' s favorable or unfavorable impact on the County' s overall environmental structure, natural ecology and economic, historic, social, and re- lated public resources. including local and regional housing needs . Furthermore, the Community Impact Statement is intended to provide development impact information on public facilities and the fiscal structure of Monroe County including without limitation, water, sewer, solid waste disposal and public transportation facilities which will help coordinate the development of, provide for, and maximize full utilization of the above mentioned natural and man-made resources . -15- (B) Data Submission Requirements. The Community Impact Statement shall be coordinated with and related to the data and information required for the Pre- liminary Development Plan, as applicable. In addition, the Community Impact Statement shall address in sufficient detail the effects of the proposed Major Development Project upon: facilities and public services, the environment, natural resources, historical and archaeo- logical resources, local and regional housing needs, the local economy and other areas affecting the health, safety, general welfare and quality of life in Monroe County. The Community Impact Statement shall be prepared by qualified professionals, and shall include, but is not limited to, the following information: (l) General Description of Proposed Major Develop- ment Project, (a) Provide a general written description of the proposed Major Development Project. Include in this description the proposed phases of development or operation and facility utili- zation, target dates for each of these, and date of completion. In addition, indicate the site size, development staging and appropriate descriptive measures such as quantity and type of residential units, commercial floor area, tourist accommodation units, seating or park- ing capacities for tourist attractions, number of hospital beds. For residential developments indicate the anticipated unit per acre den- sity of the completed project. (b) Identify aspects of the project design, such as clustering, which were incorporated to reduce public facili- ties costs and improve the scenic quality of the development, De- scribe building and siting specifications which were utilized to reduce hurricane and fire damage potential to comply with Federal Flood Insurance regulations. (2) Impact Assessment. (a) Public Facilities - Water Supply. (1) Identify projected average daily potable water demands at the end of each development phase and -16- specify any consumption rates which have been assumed for the projec- tion. (2) Provide proof of coordination with the Florida Keys Aqueduct Authority, Assess the present and pro- jected capacity of the water supply system and the ability of such system to provide adequate water for the proposed development. (3) Describe measures to insure that water pressure and flow will be adequate for fire protection for the type of construction proposed, (b) Public Facilities - Waste Water Management. (l) Provide projection of the average flows of waste water generated by the development at the end of each development phase. Describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas. Identify method and responsibilities for operation and maintenance of facilities. (2) If public facilities are to be util- ized, provide proof of coordination with the Monroe County Waste Collection and Disposal District or its successor. Assess the pre- sent and projected capacity of the treatment and transmission facili- ties and the ability of such facilities to provide adequate service to the proposed development. (3) If applicable, provide a description of the volume and characteristics of any industrial or other efflu- ents. (c) Public Facilities - Solid Waste. (1) Identify projected average daily volumes of solid waste generated by the development at the end of each phase. Indicate proposed methods of treatment and disposal. (2) Provide proof of coordination with Monroe County Waste Collection and Disposal District or its successor. Assess the present and projected capacity of the solid waste treat- ment and disposal system and the ability of such facilities to pro- vide adequate services to the proposed development. -17- (d) Public Facilities - Transportation, (1) Provide a projection of the expected vehicle trip generation at the completion of each development phase. Describe in terms of external trip generation and average daily and peak hour traffic. (2) If project site is adjacent to U.S. Highway I, describe the measures, such as setbacks and access limi- tations, which have been incorporated into the project design to reduce impacts upon U.S. 1. (e) Other Public Facilities. (1) Discuss provisions included in the proposed development to minimize adverse effects upon the following facilities: educational, police, fire protection, recreational, electric power, health care and disaster preparedness. (f) Environmental Resources - Shoreline Pro- tection Zone and Natural Vegetation. (1) If shoreline protection zones were identified in the Environmental Designation Survey, describe in detail any proposed site alterations in the areas including vege- tation removal, dredging, canals and channels. Identify measures which have been taken to protect the natural, biologic functions of the vegetation of this area such as shoreline stabilization, wild- life and marine habitat, marine productivity and water quality main- tenance. (2) If tropical hammock communities were identified in the Environmental Designation Survey, describe proposed site alteration in these areas and indicate measures which were taken to protect intact areas (clumps) of tropical hardwood hammocks and individual species of tree cactus and palms prior to, during and after construction. (3) Describe plans for revegetation and landscaping of cleared sites including a completion schedule for such work. -18- (g) Environmental Resources - Wildlife. (l) Describe the wildlife species which nest, feed or reside on or adjacent to the proposed site. Specifically identify those species considered to be threatened or endangered. Indicate measures which will be taken to protect wildlife and their habitats. (h) Environmental Resources - Water Quality. (1) Identify any waste water disposal areas, septic tank drainfield~, u~ban runoff areas, impervious sur- faces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during and after construction, (2) Indicate the degree to which any natural drainage patterns have been incorporated into the drainage system of the project. (3) Describe plans for revegetation and landscaping of cleared sites including a completion schedule for such work. (i) Historical and Archaeological Resources. (l) Provide an analysis of the estimated average annual ad valorem tax yield from the proposed project during each phase of development. Indicate assumptions and standards util- ized, including but not limited to assessed value, exemptions, mil- lage rate, etc. (2) For each development phase, estimate the average annual construction expenditure by type, i.e., labor, materials, etc., and the percentage of this expenditure which will occur within Monroe County. (3) For non-residential developments, project the number of non-construction permanent employees using appropriate classifications such as salary and functions. -19- (j) Housing. (1) If the project includes residential development, provide a breakdown of the proposed residential units by price or rental range and type of unit such as single family, duplex, townhouse, mobile home, etc. (2) If lots are to be sold without con- structed dwelling units, indicate the number and percentage of such lots and the extent of improvements to be made prior to sale. (3) Assess the potential of the proposed development to meet local or regional housing needs. In particular, indicate any measures taken to provide low and moderate income hous- ing. (k) Special Considerations. (1) Describe the relationship of the proposed development to County land use plans, objectives and poli- cies. Also, indicate relationship to existing or proposed public facilities' plans such as wastewater treatment, transportation, etc. Identify any conflicts. (2) Indicate any relationship of the project to special land use and/or development districts such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas, etc. (3) If applicable, assess the impact of the proposed development upon other adjacent or nearby municipalities or counties. (C) Data Coordination. The data and information provided in Community Impact Statement shall be coordinated with the data and information provided in the Preliminary Development Plan, as applicable, as well as with any other type of information required by local, regional, state or federal regulatory or reviewing agencies as appropriate to the Major Development Project being proposed. This shall specifically include any data and information required for a Development of Regional Im- pact as specified in Chapter 380, Florida Statutes. La • • �. -20- Section 8. Preliminary Development Plan. (A) The Preliminary Development Plan shall be drawn at :a scale of two hundred (200) feet to one (1) inch or larger and shall show the following : (1) Name and location of the project. (2) Names and addresses of the owners , owner' s re- presentative, agent, contractor, planner, architect, engineer or surveyor and the owners of adjacent property. (3) Date, approximate north point and graphic sale. (4) Acreage of areas within the project based on environmental designation survey. (5) Contours at an interval of not greater than one (1) foot or at a lesser interval if deemed necessary for project review. (6) Boundary lines of the project and their bearings and distances . (7) Existing and proposed easements and their loca- tions , widths , and distances . (8) Streets and waterways on and adjacent to the project and their names , widths and other dimensions as may be re- quired. (9) Utilities on and adjacent to the project showing proposed dimensions and connections to existing utility systems . (B) The Preliminary Development Plan shall also show the following information, as applicable to the type of project proposed, including the proposed dimensions , size, location and arrangement of the following: (1) Buildings with designated use, amount of appli- cable floor area and number of dwelling units , as appropriate. (2) Parking areas with arrangement and number of parking spaces . (3) Access roads and their relationship to existing and proposed streets , alleys and other public ways . -21- (4) Setback lines and permanent natural environmental preservation areas. open spaces, recreation areas, separation strips, landscaped areas or other specific land use activities with desig- nated use and amount of land area devoted to such use, activities and/or functions. (5) Sites, and their acreages, to be reserved or dedicated for public parks, playgrounds, schools or other public uses, if any. (6) Lot lines, lot numbers and minimum yard require- ments if the project includes a proposed subdivision of land for any purpose or use. (C) The following supplementary material shall accompany the Preliminary Development Plan: (l) General location and vicinity map including relationship of proposed project site to surrounding land uses, com- munity facilities and major streets. If the proposed project is part of an approved Initial Development Plan, such fact shall be stated and the relationship of the proposed project site to the total tract covered by the approved Initial Development Plan shall be shown. (2) An architectural rendering showing elevations, location and general exterior dimensions and appearances of all pro- posed buildings and structures. (3) Method of assuring the provision and permanent maintenance of areas required for landscaping purposes including a detailed statement of such assurance, including covenants, agree- ments or other specific documents as required. (4) Copies of proposed restrictions or protective covenants, if any. (5) Narrative and/or plats in sufficient detail to adequately establish and specifically limit the scale and scope of the project proposed. Items to be discussed in the narrative and/or shown on the plats shall reflect the nature of the project and include at least the following factors and aspects as appropriate: -22- (a) Actual number of dwelling units, applicable floor area and estimated population by housing types, (b) Actual amount of land area devoted to specific land uses, activities and/or functions. (c) Specific project standards designed to achieve a quality development and to avoid typical problems resulting from typical development such as traffic generation, congestion, in- creased school needs, disruption of the natural environment and re- lated problems typically associated with the type of development pro- ject proposed. (d) Project development and staging plan in- cluding specific distribution of construction designed to ensure a balanced land area - dwelling unit relationship. If the applicant in- tends to submit the Final Development Plan in stages and/or intends to request zoning clearance for portions of the development prior to Final Development Plan approval and recording, the Preliminary Develop- ment Plan approval shall specifically provide for and state that such zoning clearance is to be permitted. In addition, the development shall be staged so that all such zoning clearances are for construc- tion in areas where the required and necessary project improvements are provided for and coordinated with such construction. No Prelim- inary Development Plan shall be approved unless such Preliminary Development Plan reflects a balanced land area - dwelling unit re- lationship and the overall number of actual dwelling units to be con- structed is supported by the overall total required land area, (e) Existing and proposed grade. (f) Streets, curbs, gutters, and sidewalks. (g) Storm drainage, (h) Water system, (i) Sanitary sewer system. (j) Parks, natural environmental preservation areas, open space and landscaping. (k) Access for garbage and trash collection. -23- (1) Police, fire and related public service necessities. (m) Private utility easements and facilities. (n) Access roads, off-street parking and vehicular and pedestrian separation strips. (0) Building location, arrangement and design. (p) Overall site layout and development scheme. Additional supporting data such as economic justifi- cation, financing and construction scheduling, topographic data or similar information may also be required when deemed necessary for project review. (D) Upon completion of the Preliminary Development Plan the applicant shall file an application with the Zoning Official for a review before the Zoning Board, The application shall include an accurate legal description of the property in question including street address, if any, and the names of all owners, mortgage holders, lienors and lessees and their usual post office addresses. In addi- tion, the application shall have attached two (2) copies of the Preliminary Development Plan. two (2) copies of the Environmental Designation Survey Plan and all required information and data, The application shall also show the existing zoning, streets, roads, and public places surrounding the property within one thousand (l,OOO) feet and names and addresses of all owners of adjacent property lo- cated within three hundred (300) feet of the property in question. The names and addresses of owners of adjacent property may be deemed to be the names and addresses of the owners of adjacent property as reflected by the most recent tax assessment roll for the County. (E) Action by Zoning Board on Preliminary Development Plan. The Zoning Board shall review the preliminary plan of a proposed development in regard to its design and compatibility with surrounding uses, major streets and regulations of the particu- lar type of development being proposed. The Zoning Board shall es- pecially consider the effect of the proposed development on existing and anticipated land use patterns, traffic circulation and community -24- services and public facilities. The Zoning Board may also require revised or additional plans, data, drawings, or profiles of the pro- posed development when necessary to fulfill the review procedure. Since a Major Development Project is inherently more complex than typical principal building single lot development and because each project must be tailored to the environment and neighboring uses, the conditions for such projects cannot be inflexible. The Zoning Board shall therefore attach any reasonable special conditions to ensure that there shall be no departure from the intent of the County's land use and development regulations and Comprehensive Plan. The Zoning Board shall hold a public hearing on the preliminary develop- ment plan under consideration and the Zoning Official, upon notifi- cation by the Zoning Board of the date fixed for the public hearing, shall send written notices by first class mail setting forth the time, place and purpose of the public hearing to all property owners within three hundred (300) feet in all directions from the property line of the property in question as well as the owners and lessees of the property included within the proposed development at least thirty (30) days prior to such public hearing. The Zoning Official shall also notify all interested persons of such public hearing by publishing in a newspaper of general circulation within the County, a notice of the time, place and purpose of the public hearing at least thirty (30) days prior to such public hearing. AFter holding the required public hearing and after considering all submitted recommendations, the Zoning Board shall approve, disapprove, or ap- orove subject to modifications or conditions the said Preliminary Development Plan and required supplementary material. If approved, the Zoning Board shall express its approval as conditional approval and state the conditions of such approval, if any; or, if disapproved, shall express its disapproval and its reasons therefor. If a plan is disapproved, reasons for such disapproval shall be stated in writing on the records of the Zoning Board and a statement in writing of such grounds of disapproval shall be furnished to the applicant or his agent. If approved subject to modifications or conditions, the nature of the required modifications or conditions shall also -25- be indicated in writing on the records of the Zoning Board and fur- nished to the applicant or his agent. Approval of the Preliminary Development Plan shall not, however, be entered on the Preliminary Development Plan. One (1) copy of the Preliminary Development Plan shall be returned to the applicant and one (1) copy shall be filed with the Zoning Official. Approval of the Preliminary Development Plan shall not constitute acceptance of the Final Development Plan. The approval of the Preliminary Development Plan shall lapse unless a Final Development Plan based thereon is submitted within one (1) year from the date of such approval. An extension of time may be applied for by the developer and granted by the Zoning Board. If the Pre- liminary Development Plan is conditionally approved, the Zoning Board shall issue written authorization to the applicant to prepare a Final Development Plan of the proposed development to be submitted to the Zoning Official. Proposed construction plans and specifications for all required and/or proposed project improvements and special conditions shall be submitted to the Zoning Official for appropriate review and approval after the a~plicant has received approval of the Preliminary Development Plan and prior to the construction or installation of any such specified, required and/or proposed project -improvements or special conditions. The construction plans and specifications shall be drawn to County standard scales and elevations including cross sections, profiles and grades as required by the Zoning Official. Required and/or proposed project improvements or special conditions shall include but shall not be limited to streets, curbs, gutters, sidewalks, access roads, parking areas, waterways, storm drainage facilities, utilities, recreation areas, separation strips, land- scaped areas, buildings and any other structure or improvement that may have been specified, required, or proposed in the Preliminary Development Plan approval. (F) Request for Final Approval and Submission of Final Development Plan. After receiving written authorization by the Zoning Board and after completion of all the required improvements and con- -26- ditions, an applicant may submit a request for final approval of a Final Development Plan. The applicant shall submit a request for final approval of a Final Development Plan. The applicant shall sub- mit two (2) copies of the Final Development Plan and required sup- plementary material to the Zoning Official along with a written application for final approval of the development project. The Final Development Plan shall conform substantially to the condition- ally approved Preliminary Development Plan and, if desired by the applicant, it may constitute only that portion of the approved Pre- liminary Development Plan which he proposed to record and develop at the time; provided. however. that such portion conforms to all appro- priate requirements, ordinances and regulations. The Final Develop- ment Plan shall reflect all special conditions subject to the condi- tional approval of the Preliminary Development Plan as well as the applicable data and information required for Final Development Plans. Section 9. Final Development Plan. Upon receipt of the Final Development Plan by the Zoning Official, the Zoning Board shall hold a Public Hearing on the Final Development Plan. The Zoning Official upon notification by the Zoning Board at the date fixed for the Public Hearing shall send written notice by first class mail setting forth the time, place, and prupose of the Public Hearing to all property in question as well as the owners and lessees of the property included within the proposed development at least thirty (30) days prior to each Public Hearing. The Zoning Official shall notify all interested persons of such Public Hearing by publishing in a newspaper of general circulation within the County, a notice of the time, place, and purpose of the Public Hearing at least thirty (30) days prior to such Public Hearing. The Zoning Board shall review the Plan for its com- pleteness and adherence to the conditionally approved Preliminary Development Plan and attached special conditions, if any. If the Final Development Plan is substantially in accord with the condition- ally approved Preliminary Development Plan, fulfills all attached special conditions, is complete and reflects all of the required -27- certifications, the Zoning Board shall approve the Final Development Plan and the Chairman of the Zoning Board shall indicate such ap- proval on the Final Development Plan by signing the Certificate of Approval. If the Final Development Plan is disapproved, the grounds for disapproval shall be stated in the records of the Zoning Board and a statement in writing of such grounds of disapproval shall be furnished to the applicant or his agent. When the Final Development Plan has been approved by the Zoning Board, one (1) certified copy shall be returned to the applicant or his agent. The copy certified by the Zoning Board shall be transmitted to the Zoning Official. Section 10. Appeals. It shall be the duty of the Board of County Commis- sioners to hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or action of the Zoning Board or Board of Adjustment in the enforcement of this Ordi- nance. Any person or persons clamining to be aggrieved on account of any ruling of the Zoning Board or Board of Adjustment which enforces this Ordinance may appeal in writing to the Board of County Commissioners. Any such appeal must be filed within thirty (30) days after the act or decision upon which any appeal is made and must specify the grounds thereof. Upon receipt of a written appeal, the Board of County Commissioners shall set the date, time and place of the public hearing and shall give public notice as well as written notice to all in- terested parties. The Zoning Official shall forthwith transmit to the Board of County Commissioners all papers or other records upon which the action or decision appealed from was taken. During the hearing of an appeal, any interested party may appear in person or by agent or attorney. An appeal from a ruling of the Zoning Board or Board of Adjustment shall stay all proceedings and all work on the premises involved unless such stay shall be deemed to imperil life or property. -28- In such cases, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of County Com- missioners or by the Circuit Court if the same shall have thereto- fore been refused by the Board of County Commissioners. The Board of County Commissioners may, upon proper petition and after reason- able notice and hearing, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by the Zoning Board or Board of Adjustment. Section 11. Recording and Effect of Approved Final Devel- opment Plan. All approved Final Development Plans shall be filed by the applicant in the office of the Zoning Official. The Zoning Official shall not issue any use clearance for any project until the Final Development Plan has been properly approved. In addition, no zoning clearance shall be issued for any project except in conformance with an approved and filed Final De- velopment Plan or an approved Preliminary Development Plan if such zoning clearance is specifically provided for in the approved Prelim- inary Development Plan and the construction associated with such zoning clearance is located in areas where the required and neces- sary project improvements are provided for and coordinated with such construction. A properly approved and filed Final Development Plan shall limit and control the issuance of all zoning and use clearances and shall restrict the construction, location, and use and operation of all land and structures to all conditions set forth on the Final Development Plan, provided, however, that upon appeal to and approval by the Zoning Board minor changes in the location of structures and other minor details may be permitted. No change shall be authorized which violates the spirit or intent of the originally approved Final Development Plan or that is not in conformance with any specific re- quirement, provision or ordinance pertaining to the specific type of proiect. use or structure for which the Final Development Plan -29- applies, including any specific special condition and/or requirement attached to approval of the Final Development Plan. A Final De- velopment Plan applies to the property for which it is granted and not to the individual who applied for it. A Final Development Plan also runs with the land and is transferrable to any future owner of the land, but it cannot be transferred by the applicant to a different site. (A) Noncompliance. The Zoning Official may review all Final Development Plans periodically and shall have the power to inspect the land or structure where the project is located in order to ascertain that the owner is complying with all of the conditions which are listed on the Final Development Plan. If the owner is not complying with all of the conditions listed on the Final Development Plan, the Zoning Official shall notify the owner of such violation and shall order that such violations cease. If the owner does not take appro- priate steps to remedy such violations within thirty (30) days from the date of written notice, the Zoning Official may authorize any appropriate officer, bureau, department or agency to disconnect util- ities serving the premises in violation. If necessary, the Board of County Commissioners or any appropriate official of the County, at the Board of County Commissioners request, may institute appropriate action or proceedings in a civil action in the local court of record to eliminate the threat or existence of any violation of an approved and recorded Final Development Plan in accordance with the Florida Statutes, the Laws of Florida, and/or the County's local legislative authority as well as to revoke the Final Development Plan authorized and/or to compel offending structures or uses to be removed at the cost of the violator and may have judgment in personam for such cost. (B) Time Limit. In any case where a Final Development Plan has not been exercised within the time limit set by the Zoning Board, or Board of County Commissiones, or within one (1) year, if no specific time limit has been set, such Final Development Plan shall become null and void and the parcel of land for which the Final Development -30- Plan was approved shall be subject to the zoning district classifi- cation and the regulations that existed on the parcel of land prior to approval of the Final Development Plan. Exercised, as set forth herein, shall mean that binding contracts for construction of the main building and other improvements have been let ; or in the absence of such contracts that the main building and other improvements are under construction to a substantial degree or that prerequisite conditions involving substantial investment shall be under contract or completed. When construction is not a part of the use exercised shall mean that the use in operation is in compliance with the condi- tions as set forth in the Final Development Plan. Section 12. Administration and Adoption. (A) Zoning Official. The Zoning Official shall be charged and provided with the authority and responsibility for ensuring and facilitating the overall coordination of the application, submission, review and ap- proval procedures for Major Development Projects . The Zoning Offical , in the performance of his duties and functions , may enter upon any land and make examinations and surveys . In addition, the Zoning Official may designate any appropriate person, bureau, department or agency as his duly authorized representative for the purpose of per- forming any of the duties and functions necessary to administer and enforce the Major Development Project review and approval process . (B) Data. Referral and Review Coordination. The Zoning Official shall be responsible for referring all appropriate data and information relating to the Major Develop- ment Project review to all designated local reviewing agencies and departments . In addition, the Zoning Official shall serve to co- ordinate local review efforts with those of the region, state and federal reviewing agencies and departments , as appropriate. A general listing of local, regional , state and federal reviewing agencies and deaprtments , along with their anticipated review functions , shall be maintained by the Zoning Official for the purpose of implementing -31- this provision. Such listing shall not, however, be considered as a part of this Ordinance and may be changed, supplemented and up- dated by the Zoning Official on his own initiative or upon direction from the Zoning Board. (C) Administrative Fees and Cost of Public Notice. Regulations concerning the establishment and collec- tion of costs, charges, fees and expenses in connection with the sub- mission, review, notice and public hearing or proposed Major Develop- ment Projects or any other similar administrative function necessary to administer and enforce this Ordinance shall be as established by the Zoning Official after review and approval as rquired by the Zoning Board. No action shall be taken, nor shall any request for review and approval of any proposed Major Development Project be processed, until after all such required costs, charges, fees and expenses have been paid in full. (D) Violations. (1) Use Violations. Any person owning and/or occupying any building or structure that is erected, constructed, reconstructed, altered, repaired or maintained, or any building, structure, land or water used in violation of this Ordinance shall be subject to the penalties as provided for in this Ordinance. Any appropriate official of the County may institute any appropriate action or proceedings in a civil action in the local court of record having appropriate jurisdiction to pre- vent such unlawful erection, construction, reconstruction, altera- tion, repair, conversion, maintenance or use; or, to restrain, cor- rect or abate such violation; or, to prevent the occupancy of said building, structure, land or water; or, to prevent any illegal act, conduct of business or use in or about such premises. (2) Transferring of Land Violations. It shall be unlawful for anyone who is the owner of any land to transfer, sell, agree to sell or negotiate to sell such land by reference to or exhibition of or by other use of -32- a development plan which is represented to meet the requirements of this Ordinance without having first submitted such development plan for approval if required by this Ordinance. If such unlawful use be made of a development plan before it is properly approved and recorded, the owner or agent of the owner, of such land shall be subject to the penalties provided for in this Ordinance. Any appropriate official of the County may enjoin such transfer, sale or agreement. Failure to comply with the provisions of this Ordinance shall not impair the title of land so transferred to affect the validity of the title con- veyed. However, a purchaser of land sold in violation of this Ordi- nance may be entitled to bring appropriate action to avoid such sale or bring action against the seller for any damages which he suffers as a result of the seller's unlawful act or both. Section 13. Remedies and Penalties. (A) Remedies. The Zoning Official shall issue notice to all vio- lators of this Ordinance and shall order that such violation cease. The Zoning Official may also authorize any appropriate officer, bureau, department or agency to disconnect utilities serving the premises in violation. If necessary, the Zoning Board or any appropriate official of the County may institute appropriate action in court to eliminate the threat or existence of any violation of this Ordinance in accord- ance with the Laws of Florida, the Florida Statutes or any other legal legislative power of the County, as applicable. (B) Penalties. Any person or entity violating any provision of this Ordinance shall, upon conviction, be fined not less than ten (10) dollars nor more than five hundred dollars ($500.00) or by imprison- ment for a term not to exceed sixty (60) days or both such fine and imprisonment for each conviction. Each day of violation after the time specified for compliance in the written notice shall constitute a separate offense. -33- Section 14. This Ordinance shall not apply to any munici- pality located in Monroe County, Florida. Section 15. Legal Status. (A) Conflict with other Instruments. In case of conflict between this Ordinance or any part thereof and the whole or part of any existing or future ordinance of Monroe County, Florida, or the whole or part of any existing or future private covenants or deeds, the most restrictive in each case shall apply. (B) Validity. If any provision of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such a de- cision shall not affect the validity of any other provision of this Ordinance. (C) Effective Date. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Monday, December 15, 1975, at 10:15 A. M. in the Sub-Courthouse in Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1975 AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA, REGULATING MAJOR DEVELOPMENT PROJECTS; PROVIDING INTENT FOR THE COORDINATED REVIEW AND APPROVAL OF MAJOR DEVELOPMENT ACTIVITIES; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR QUALIFYING CRITERIA FOR A MAJOR DEVELOPMENT PROJECT INCLUDING A SUBDIVISION AS IDEN- TIFIED IN THE PLAT FILING ORDINANCE CONTAINING FIVE ACRES OR MORE, A ZONING DISTRICT MAP AMENDMENT AS IDENTIFIED IN THE COMPREHENSIVE ZONING ORDINANCE CON- TAINING FIVE ACRES OR MORE, A PLANNED UNIT DEVELOP- MENT AS IDENTIFIED IN THE COMPREHENSIVE ZONING ORDI- NANCE CONTAINING FIVE ACRES OR MORE, AN ACTIVITY OR USE WHICH INCLUDES THE CONSTRUCTION OF BUILDINGS IN EXCESS OF FORTY-FIVE FEET IN HEIGHT, ANY RESIDENTIAL ACTIVITY INVOLVING THE CONSTRUCTION OF TEN OR MORE DWELLING UNITS PER ACRE OR FIFTY OR MORE TOTAL DWEL- LING UNITS, ANY NON-RESIDENTIAL ACTIVITY CONTAINING FIVE ACRES OR MORE, ANY ACTIVITY SO DESIGNATED BY THE ZONING OFFICIAL, ZONING BOARD OR BOARD OF COUNTY COM- MISSIONERS WITH SPECIFIED CONSIDERATIONS, AND ANY ACTIVITY DESIGNATED AS A MAJOR DEVELOPMENT PROJECT WITHIN THE CONTEXT OF ANY LOCAL, REGIONAL, STATE OR FEDERAL REGULATION WHICH MAKES SPECIFIC REFERENCE TO THIS ORDINANCE; PROVIDING FOR AN INITIAL ADVISORY MEETING WITH CERTAIN DESIGNATED OFFICIALS TO REVIEW THE APPLICANT'S REQUIREMENTS OF A MAJOR DEVELOPMENT PROJECT INCLUDING ENVIRONMENTAL DESIGNATION SURVEY REQUIREMENTS, COMMUNITY IMPACT STATEMENT, CONFORMANCE WITH PLAT FILING ORDINANCE, CHARACTERISTICS WHICH IDENTIFY A MAJOR DEVELOPMENT PROJECT, SUBMISSION OF CONSTRUCTION DRAWINGS, PLANS OF THE PROPOSED PROJECT AREA AND SURROUNDING AREA, GENERAL DIAGRAM INDICATING PROJECT LAND USE AND DEVELOPMENT SCHEME, INFORMATION ON TOPOGRAPHY, VEGETATION, WATER AREAS, DRAINAGE PATTERNS, OPEN SPACE, WATER SUPPLY, SEWAGE DISPOSAL, SUBSURFACE DEVELOPMENT CHARACTERISTICS, AND AERIAL PHOTOGRAPHS, IMPACT INFORMATION FOR POPULATION, CONGESTION, SCHOOLS, TAXES, NATURAL ENVIRONMENT, AND GROWTH PATTERNS, AND ADDITIONAL INFORMATION AS DEEMED NECESSARY; PROVIDING FOR PROCEDURES FOR SUBMISSION, REVIEW AND APPROVAL OF ENVIRONMENTAL DESIGNATION SURVEY REQUIREMENTS; PROVIDING FOR CRITERIA TO BE INCLUDED IN THE ENVIRONMENTAL DESIGNATION SURVEY; PROVIDING FOR RECORDING OF APPROVED ENVIRONMENTAL DESIGNATION SURVEYS IN THE OFFICE OF THE ZONING OFFICIAL; REFERENCING THE ENVIRONMENTAL DESIGNATION SURVEY TO THE LAND AND MAKING IT TRANSFERABLE WITH THE LAND; REQUIRING AN APPROVED ENVIRONMENTAL DESIG- NATION SURVEY BEFORE PROCEEDING FURTHER WITH A MAJOR DEVELOPMENT PROJECT PROPOSAL; PROVIDING FOR WAIVER '.r- .:,.... -2- --- OF THE ENVIRONMENTAL DESIGNATION SURVEY BY THE ZONING OFFICIAL WHEN THE PROPERTY UNDER PROPOSAL IS ENTIRELY WITHIN A DEVELOPED AREA: PROVIDING FOR APPEAL PROCEDURES TO THE BOARD OF ADJUSTMENT; PRO- VIDING FOR MAJOR DEVELOPMENT PROJECT PERFORMANCE STANDARDS IN ADDITION TO ALL APPLICABLE LOCAL, RE- GIONAL, STATE AND FEDERAL STANDARDS; REQUIRING INI- TIATION OF PROJECTS WITHIN ONE YEAR AND COMPLETION WITHIN TWO YEARS UNLESS OTHERWISE APPROVED BY THE ZONING BOARD; REQUIRING O\VNER TO PROVIDE THROUGH APPROPRIATE DOCUMENTS ALL AREAS REQUIRED FOR ENVIRON- MENTAL PRESERVATION; REQUIRING STATEMENT OF FINANCIAL RESPONSIBILITY AND POSTING OF SURETY BONDS; PROVIDING ALL CHANGES IN A MAJOR DEVELOPMENT PROJECT BE APPROVED IN CONFORMANCE WITH THIS ORDINANCE; SPECI- FYING THE REQUIREMENTS FOR MAJOR DEVELOPMENT PRIOR TO THE PREPARATION OR SUBMISSION OF ANY PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR AN ADVISORY MEETING ON MAJOR DEVELOPMENT REQUIREMENTS; PROVIDING FOR COM- MUNITY IMPACT STATEMENT REQUIREMENTS AND ASSURING THAT THE IMPACT STATEMENT WILL ADDRESS IN DETAIL THE EFFECTS OF THE DEVELOPMENT PROJECT ON FACILITIES AND PUBLIC SERVICES, THE ENVIRONMENT, NATURAL RE- SOURCES, HISTORICAL AND ARCHEOLOGICAL RESOURCES, LOCAL AND REGIONAL HOUSING NEEDS, THE LOCAL ECONOMY, AND OTHER AREAS AFFECTING QUALITY - OF LIFE; PROVIDING FOR THE INCLUSION OF INFORMATION REQUIRED FOR A DEVELOPMENT OF REGIONAL IMPACT AS SPECIFIED IN CHAP- TER 380, FLORIDA STATUTES; REQUIRING THE PRELIMINARY DEVELOPMENT PLAN TO BE DRAWN AT A SCALE OF TWO HUNDRED FEET TO ONE INCH OR LARGER; PROVIDING FOR THE INCLU- SION OF CERTAIN INFORMATION IN THE PRELIMINARY DEVEL- OPMENT PLAN; REQUIRING THE SUBMISSION OF SUPPLEMEN- TARY MATERIAL WITH THE PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR CONSTRUCTION PLANS AND SPECIFICATIONS TO BE DRAWN TO COUNTY STANDARD SCALES AND ELEVATIONS INCLUDING CROSS SECTIONS, PROFILES AND GRADES; RE- QUIRING PROPOSED CONSTRUCTION PLANS AND SPECIFICATIONS FOR ALL REQUIRED OR PROPOSED PROJECT IMPROVEMENTS AND SPECIAL CONDITIONS BE SUBMITTED TO THE ZONING OFFICIAL FOR APPROVAL; PROVIDING FOR REVIEW OF THE PRELIMINARY DEVELOPMENT PLAN BY THE ZONING BOARD; PROVIDING FOR APPLICATION PROCEDURES; REQUIRING THE ZONING BOARD TO HOLD PUBLIC HEARINGS ON THE PRELIMINARY DEVELOP- MENT PLAN; PROVIDING FOR PUBLIC HEARING NOTICES AND PROCEDURES; PROVIDING PROCEDURES FOR ZONING BOARD APPROVAL AND FILING OF PRELIMINARY DEVELOPMENT PLAN; REQUIRING THE FINAL DEVELOPMENT PLAN BE SUBMITTED WITHIN ONE YEAR FROM THE DATE OF SUCH APPROVAL; PRO- VIDING FOR THE EXTENSION BY THE ZONING BOARD; PRO- VIDING FOR PROCEDURES FOR SUBMISSION AND APPROVAL OF THE FINAL DEVELOPMENT PLAN; PROVIDING FOR PROCEDURES FOR APPEAL TO THE BOARD OF COUNTY COMMISSIONERS; PRO- VIDING FOR PROCEDURES FOR RECORDING AND FILING OF APPROVED FINAL DEVELOPMENT PLAN; PROVIDING FOR CON- TINUOUS INSPECTION BY THE ZONING OFFICIAL; PROVIDING FOR PROCEDURES FOR NON-COMPLIANCE VIOLATIONS; RE- QUIRING COMPLETION OF PROJECT WITHIN SPECIFIED TIME LIMITS; PROVIDING FOR OVERALL COORDINATION OF MAJOR DEVELOPMENT PROJECTS BY THE ZONING OFFICIAL; PRO- VIDING FOR ADMINISTRATIVE FEES AND ~OST OF PUBLIC NOTICE TO BE SET BY THE ZONING OFFICIAL; SPECIFYING CONDITIONS OF VIOLATIONS; PROVIDING FOR REMEDIES FOR VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. .-- ..........~ -3- DATED at Key West, Florida, this 21st day of November, A.D. 1975. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida. (SEAL) Publish: Tuesday, November 25, 1975 ~t!rttall! {tf ~tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 1904) 488-3918 BRUCE A. SMATHERS DAVID C. MACNAMARA SECRETARY OF STATE Assistant Secretary of State December 29, 1975 Honorable Ralph W. White Clerk of the Circuit Court Monroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of December 22, and certified copies of Monroe County Ordinances Nos. 75-17 through 75-21. These ordi- nances were received and filed in this office December 29, 1975. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State NK/mp J "':~~ ",. - ~ <~.:<.\\~~r~;f~0;<.f~~ ~- <' ~ -l>" '. .., ,. .,' < ...:.- ,.., " l -... 10 '" ../1..... ') ~':"..:J"'--.~ ' '\~/ \"\ . ni. I"L.',.\>.':... 7C ".\ l .....- ..j;...-..... I, J P . ~.\ i \\ I '\\." );)."3 "1~ y~ N ~J~