Ordinance 007-2002
ORDINANCE NO.-.OD7 - 2002
AN ORDINANCE AMENDING THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS, CHAPTER 9.5, SECTIONS 227, 286, 288,
AND 335 THROUGH 350, REGARDING ENVIRONMENTAL DEVELOPMENT
STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Planning and Environmental Resources Department is
proposing amendments to the Monroe County Land Development Regulations regarding
environmental development standards in order to consolidate those standards, reduce redundancy,
and implement policies contained in the Year 20 I 0 Comprehensive Plan; and
WHEREAS, at a regular meeting on November 15, 2001, the Development Review
Committee considered the proposal and recommended approval of the proposed amendments to
the Planning Commission in Resolution No. D25-01; and
WHEREAS, at a regular meeting on January 9, 2002, the Monroe County Planning
Commission, sitting as the local planning agency, after due notice and public participation in the
public hearing process, conducted a public hearing and recommended approval of the proposed
amendments to the Board in Resolution No. PIO-02; and
WHEREAS, based on the above findings, the Board has determined that it is necessary
and desirable to amend the above referenced Land Development Regulations; and
NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Sections 9.5-227, 9.5-286, 9.5-288 and 9.5-335 through 350 of the Monroe County
Land Development Regulations are hereby amended to read as shown on attached "Exhibit I":
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. The provision of this ordinance shall take effect when acknowledgment of its receipt
for filing in the Office of the Secretary of State of the State of Florida has been received and when
it has been approved by the State Land Planning Agency pursuant to F.S. 380.0552(9).
Page I of2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the20thday of March ,20N.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
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BOCC Ordinance Exhibit 1
DELETE: Sec. 9.5-277 Existing conditions map
Sec. 9.5-286 Shoreline setback
Sec. 9.5-288 Bulkheads, seawalls, rip-rap and fences
Sec. 9.5-335 through 9.5-350 Environmental Standards
INSERT:
Division 8. Environmental Standards
Sec. 9.5-335. Purpose of environmental performance standards.
It is the purpose of this division to provide for the conservation and protection of the
environmental resources of the Florida Keys by ensuring that the functional integrity of
natural areas is protected when land is developed.
(Ord. No. 33-1986, ~ 9-801)
ISec. 9.5-336. Existing conditions map.
2(a)Applicability: The existing conditions map, which consist of the 1985 Department of
Transportation aerial photographs at a scale of 1" = 200', depicting habitat types coded
according to the system set forth in the comprehensive plan is hereby designated,
established and incorporated as a part of this chapter; and the originals thereof, which are
on file at the offices of the property appraiser and the department of planning, shall be as
much a part of this chapter as if the information contained therein were set out in full in
this chapter.
(b) Review and Amendment: The existing conditions map may be refined to reflect
conditions legally in existence on February 28, 1986. Such refinements shall be made
pursuant to the procedures for typographical and drafting errors in section 9.5-511(e).
The existing conditions map as referenced throughout this chapter is intended only to
serve as a general guide to habitat types for the purpose of preliminary determination of
regulatory requirements. The County Biologist shall make the final determination of
habitat type based upon field verification. Unlawful conditions shall not be recognized
when determining regulatory requirements.
Sec. 9.5-337. Habitat analysis required.
(a) As a part of an application for approval of development on lands classified on the
existing conditions map as slash pineland or tropical hardwood hammock, the applicant
shall prepare and submit a habitat analysis that analyzes the distribution and quality of
native habitat within the parcel proposed to be developed in accordance with the
standards of this division unless the applicant stipulates that the slash pinelands or
I Adopted by State Rule 28-20.025(19) on Jan. 04, 1996. Note that subsection (b) mistakenly referred to the
"land use district map" instead of the "existing conditions map."
2 Subsections (b) and (c) revised to provide a logical order. It is also clarified that the County biologist is
ultimately responsible for making final determinations based on actual field conditions.
Proposed Environmental Development Standards
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BOCC Ordinance Exhibit 1
tropical hardwood hammock is of high quality pursuant to the provisions of this chapter.
Once a development permit has been issued and site preparation commenced, the habitat
quality rating either resulting from the habitat analysis or as a result of the applicant's
stipulation of high quality shall remain in perpetuity and all future development of the
parcel shall conform to the applicable pine lands or hammock so analyzed or stipulated.
This shall be assured by attachment of a deed restriction to run with the land, stating the
amount of required open space and prohibiting activities within that open space,
including: removal, trimming, or pruning of native vegetation; acts detrimental to
wildlife or wildlife habitat preservation; excavation, dredging, removal, or manipulation
of the substrate; activities detrimental to drainage, flood control, or water and soil
conservation; dumping or placing of soil, trash, or other materials; and any other
restrictions as may be stated on the deed restriction. Likewise, a habitat analysis which is
part of a development application or permit, which application for development is then
denied or abandoned or which permit is abandoned or expired without site preparation
having commenced, shall be revised and resubmitted according to the applicable
standards at the time of submittal of a new application for development.
(b) The habitat analysis shall be prepared in accordance with the procedures and methods
specified herein by a biologist qualified under section 9.5-28 ofthis chapter, however, all
habitat analyses are subject to the approval of the county biologist. Where the habitat
analysis requires consideration of commercially exploited, threatened or endangered plant
and animal species, the analysis shall consider those native plants and animals listed
under state and federal law at the time of application. Where consideration of regionally
important plants is required, the habitat analysis shall consider those plants listed by the
Monroe County Environmental Resources Department at the time of application.
(c) The habitat analysis required pursuant to this section on any residentially zoned
parcel of land that is the subject of an unexpired, positive determination of vested rights
shall be conducted pursuant to the land development regulations in effect at the time the
vested rights determination was made.
(Ord. No. 33-1986, ~ 9-802; Amd. of 1-2-98; Ord. No. 40-1998, ~ 1)
Sec. 9.5-338. Waiver of habitat analysis.
The director of environmental resources may, after a site visit, waive or limit the
requirements for a habitat analysis if the director determines that there are no significant
natural areas on the parcel proposed for development.
(Ord. No. 33-1986, ~ 9-803; Ord. No. 40-1998, ~ 1)
Sec. 9.5-339. Habitat type analysis.
(a) The analysis of the quality of undisturbed land shall be carried out according to the
following habitat types as indicated on the existing conditions map:
Proposed Environmental Development Standards
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BOCC Ordinance Exhibit 1
(1) High hammock;
(2) Low hammock;
(3) Pinelands.
(Ord. No. 33-1986, ~ 9-804; Ord. No. 40-1998, ~ 1)
Sec. 9.5-339.1. Habitat analysis objective.
The habitat analysis, also known as the habitat evaluation index (HEI) system, shall
evaluate the relative ecological and cultural quality of the remaining hardwood
hammocks and slash pine lands of the Florida Keys both with respect to their inherent
character and integrity and their context in the Florida Keys ecosystem landscape.
(Ord. No. 40-1998, ~ 1)
Sec. 9.5-339.2. Automatic high quality forest classification.
(a) Tropical hardwood hammocks and slash pinelands that meet the requirements of this
section shall be classified as high quality habitats without the need for a habitat analysis.
(1) Category I: Tropical hardwood hammocks of twelve and one-half (12.5) acres or
more in size shall be classified as high quality hammocks.
a. Rationale: These hammocks are important due to their size, landscape
position, and relatively undisturbed character. The documented use of these
hammocks by forest-nesting and fledgling birds elevates their potential
importance with respect to wildlife value in general. In fact most of them
currently have documented status as habitat for listed animal species and as
habitat for many rare and listed plants. Many also contain potentially rare and
valuable archaeological resources.
(2) Category 2: Tropical hardwood hammocks owned by federal, state or local
governments or by private organizations that are managed or were purchased for the
primary purpose of conservation shall be classified as high quality hammocks.
a. Rationale: Hammocks purchased for their conservation or preservation value
should presumably be managed to conserve and enhance that value.
(3) Category 3: Tropical hardwood hammocks on offshore islands (islands not
connected by vehicular access to the Overseas Highway) shall be classified as high
quality hammocks.
a. Rationale: The landscape position feature makes these hammocks valuable,
especially with respect to their integral relationship with the marine
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BOCC Ordinance Exhibit 1
community. Offshore islands also usually represent areas of minimal
disturbance and exposure to secondary impacts.
(4) Category 4: All slash pineland habitats excluding those located within improved
subdivision (IS) zoning districts shall be classified as high quality pinelands.
a. Rationale: Pinelands are crucial habitat for the endangered Key deer and
harbor significant freshwater wetlands that serve as habitat to a number of
other listed and nonlisted wildlife species. This habitat likewise harbors a
wide range of listed, rare and endemic plants. Regularly burned pinelands are
of unquestionably higher quality than non burned pinelands. Pineland habitat
in the keys is rare and any areas that have a possibility of undergoing burn
management are considered to have a substantial level of value for
conservation. Burning and mechanical removal of hardwood and deadwood
buildup for small pineland parcels is increasingly practiced. IS-zoned
pinelands are specifically excluded here due to increased secondary impacts,
increased costs and logistical coordination needed for burning, and land use
considerations.
(5) Category 5: Palm Hammocks: A hammock or portion thereof which contains a
prevalence of palms of the genus Thrinax as determined by the procedures outlined
in this division shall be classified as high quality habitat.
a. Rationale: Monroe County contains the only rockland palm hammocks in the
United States and these are found primarily (but not exclusively) in the middle
keys (Grassy Key through Key Vaca). Most of them have been permanently
removed (Key Vaca). One significant stand (Curry Hammock) is a state park.
The remainder should be protected to preserve a valuable cultural resource
and wildlife habitat.
(6) Category 6: Berm hammocks found on sandy berm substrate, usually at or near the
shoreline shall be classified as high quality habitats.
a. Rationale: Berm hammocks are extremely rare and are unique to the Florida
Keys. They are often subjected to intense development pressures due to their
shoreline location. The remainder should be protected to preserve a valuable
cultural resource and wildlife habitat.
(7) Category 7: Cactus hammocks with a prevalence of native cactus species of the
genera Opuntia and Cereus shall be classified as high quality habitats.
a. Rationale: Cactus hammocks are extremely rare in and unique to the Florida
Keys and the remainder should be protected to preserve a valuable cultural
resource and wildlife habitat.
Proposed Environmental Development Standards
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BOCC Ordinance Exhibit 1
(8) Category 8: Coastal Rock Barrens communities with often sparse, low-growing
xeric rare plants and cacti shall be classified as high quality habitats. Vegetation is
distinctive with the occurrence of relatively rare ground covers such as Indigofera
keyensis, Opuntia triacantha and others.
a. Rationale: This is an extremely rare community that is currently known at
only four sites in the Florida Keys. The remaining habitat should be protected
to preserve a valuable cultural and wildlife habitat, especially for rare plants.
(Ord. No. 40-1998, S 1)
Sec. 9.5-339.3. Habitat analysis definitions and approach.
If the tropical hardwood hammock or pineland does not automatically qualify for one of
the above high quality categories, a habitat analysis must be completed as required by
this division. The methods and procedures for performing the habitat analysis shall be set
forth by the director of environmental resources and shall be made available in the form
of a procedural handbook to qualified biologists wishing to conduct habitat analyses in
the Florida Keys. The handbook may be updated from time to time by the director of
environmental resources. The handbook shall include official lists of threatened,
endangered, commercially exploited, regionally important and invasive exotic plants to
be used in conducting the habitat analysis. The official Threatened and Endangered
Animal Species Maps shall also be made available by the county for inspection by
qualified biologists to fulfill the procedural requirements of conducting the habitat
analysis. The Threatened and Endangered Animal Species Maps may be updated as
required from time to time at the discretion of the board of county commissioners using
the procedure outlined in section 9.5-511. The quality of the tropical hardwood hammock
or slash pineland shall be rated according to the criteria listed in this division for each
habitat type and according to the guidance provided by the habitat analysis handbook and
the director of environmental resources. The handbook shall also set forth official
procedures for determination of palm hammocks and other automatic quality categories.
(Ord. No. 40-1998, S 1)
Sec. 9.5-340. Habitat analysis for high hammocks.
(a) The quality of high hammocks shall be analyzed on the basis of the following indices
and scores:
(1) Tree size:
a. Rationale: Larger trees indicate older, more mature hammocks which are
culturally and ecologically important and also may generally increase
available habitat niches.
b. For hammocks located from Plantation Key north (inclusive):
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BOCC Ordinance Exhibit 1
1. The three dominant canopy tree species have average diameters at
breast height (DBHs) of8 inches or more indicates a score of 1.5.
2. Two of the three dominant canopy tree species have average DBHs of
8 inches or more indicates a score of 1.0.
3. One of the three dominant canopy tree species has an average DBH of
8 inches or more indicates a score of 0.5.
4. None of the dominant canopy tree species have average DBHs of 8
inches or more indicates a score of O.
c. For hammocks located from Windley Key south (inclusive):
1. The three dominant canopy tree species have average diameters at
breast height (DBHs) of six (6) inches or more indicates a score of 1.5.
2. Two of the three dominant canopy tree species have average DBHs of
six (6) inches or more indicates a score of 1.0.
3. One of the three dominant canopy tree species has an average DBH of
six (6) inches or more indicates a score of 0.5.
4. None of the dominant canopy tree species have average DBHs of six
(6) inches or more indicates a score of O.
(2) Soil depth:
a. Rationale: Hammocks with greater soil humus depth are generally older and
more mature. They've had no disturbance or a length of time has passed since
the last disturbance. They generally present a greater diversity and integrity of
microhabitats for wildlife and plants including soil organisms and stable soil
chemistry .
b. An average soil depth of four (4) inches or more indicates a score of2.0.
c. An average soil depth of two (2) inches or more but less than four (4) inches
indicates a score of 1.0.
d. An average soil depth of less than two (2) inches indicates a score of O.
(3) Woody plant species diversity:
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BOCC Ordinance Exhibit 1
a. Rationale: Hammocks with higher diversity are ecologically and culturally
significant in that they are a natural seed source for plant species dispersal and
may represent more mature forests. These hammocks represent a storehouse
of biological diversity and essentially define hardwood forest character in the
Florida Keys.
b. For hammocks located from Plantation Key north (inclusive):
1. Thirty-seven (37) or more native woody species present indicates a
score of 6.0.
2. Thirty-two (32) to thirty-six (36) native woody species present
indicates a score of 5.0,
3. Twenty-seven (27) to thirty-one (31) native woody species present
indicates a score of 4.0.
4. Twenty-two (22) to twenty-six (26) native woody species present
indicates a score of3.0.
5. Seventeen (17) to twenty-one (21) native woody species present
indicates a score of 2.0.
6. Twelve (12) to sixteen (16) native woody species present indicates a
score of 1.0.
7. Less than twelve (12) native woody species present indicates a score
ofO.
c. For hammocks located from Windley Key south (inclusive):
1. Thirty-four (34) or more native woody species present indicates a
score of 6.0.
2. Twenty-nine (29) to thirty-three (33) native woody species present
indicates a score of 5.0.
3. Twenty-four (24) to twenty-eight (28) native woody species present
indicates a score of 4.0.
4. Nineteen (19) to twenty-three (23) native woody species present
indicates a score of3.0.
5. Fourteen (14) to eighteen (18) native woody species present indicates a
score of 2.0.
Proposed Environmental Development Standards
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BOCC Or,__ ance Exhibit 1
6. Nine (9)to thirteen(13) native woody species present indicates a score
of 1.0.
7. Less than nine (9) native woody species present indicates a score of 0.
(4) Threatened,endangered,commercially exploited and regionally important plants:
a. Rationale:A hammock that provides habitat and conditions for rare and listed plants to
flourish has a relatively significant ecological and cultural value.The presence of rare
plants often indicates a greater habitat stability in terms of microclimate and niche
availability for these plants.
b. For hammocks located from Plantation Key north(inclusive):
1. Twelve(12)or more listed species present indicates a score of 3.0.
2. Seven(7)to eleven(11)listed species present indicates a score of 2.0.
3. One(1)to six(6)listed species present indicates a score of 1.0.
4. No listed species present indicates a score of 0.
c. For hammocks located from Windley Key south(inclusive
1. Ten(10)or more listed species present indicates a score of 3.0.
2. Five(5)to nine(9)listed species present indicates a score of 2.0.
3. One(1)to four(4)listed species present indicates a score of 1.0.
4. No listed species present indicates a score of 0.
(5) Invasive exotic plant infestations:
a. Rationale: The more susceptible (less resistant) a hammock is to exotic
invasion,the more likely it is that the habitat is of lower complexity or
integrity or that it is not sufficiently insulated from such effects.
b. Total invasive exotic infestation of five (5)percent or less.indicates a score of
4.0.
c. Total invasive exotic infestation is more than five (5)percent but infestation
by combined category one (1) invasives is at five (5)percent or less indicates
a score of 3.5.
Proposed Environmental Development Standards 8 of 42
BOCC Or, ance Exhibit 1
d. Six (6)percent to ten (10)percent infestation by category 1 invasives indicates
a score of 3.0.
e. Eleven(11)percent to twenty (20)percent infestation by category 1 invasives
indicates a score of 2.0.
f. Twenty-one (21) percent to thirty (30)percent infestation by category 1
invasives indicates a score of 1.0.
g. More than thirty (30)percent infestation by category 1 invasives indicates a
score of 0.
(6) Threatened and endangered animal species:
a. Rationale: Hammock that provides habitat for listed animal species is
presumed to provide important and intact wildlife refuge areas that should be
preserved for ecological and cultural reasons. Potential habitat is extremely
important for provision of recovery areas and temporary refuge.
b. The hammock is a known or probable habitat for listed animal species
indicates a score of 3.0.
c. The hammock is a potential habitat for listed animal species indicates a score
of 2.0.
d. The hammock has no mapped or documented status for listed animal species
indicates a score of 0.
(7) Forest size:
a. Rationale: Larger forests are less subject to disturbance due to an insulating
effect. They are also more likely to contain a higher structural, microhabitat,
and species diversity due to the heterogeneous nature of tropical hammock
plant distribution. Larger forests are also more attractive habitat for birds and
other wildlife as indicated primarily by the keynote species studies done for
various birds.
b. The contiguous hammock is ten(10) or more acres in size indicates a score of
5.0.
c. The contiguous hammock is at least seven(7)but less than ten (10) acres in
size indicates a score of 4.0.
d. The contiguous hammock is at least four (4)but less than seven(7) acres in
size indicates a score of 3.0.
Proposed Environmental Development Standards 9 of 42
BOCC Oro �_'ance Exhibit 1
e. The contiguous hammock is at least one (1)but less than four(4) acres in size
indicates a score of 2.0.
f. The contiguous hammock is at least 0.375 acres but less than one (1) acre in
size indicates a score of 1.0.
g. The contiguous hammock is less than 0.375 acres in size indicates a score of
0.
(8) Perimeter disturbance:
a. Rationale: The level of fragmentation of a hammock, measured as the amount
of perimeter disturbance related to size, has been shown to lower the
resistance of hammocks to direct and secondary effects of the disturbance,
especially where development exists. These disturbances include exotic
invasion sources, exotic predators, human intrusion, and others. The integrity
of the hammock habitat can be lowered by the extent and nature of perimeter
disturbance versus the ability of the hammock to withstand it.
b. An edge to area ratio of 0.005 or less indicates a score of 3.0.
c. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of
2.0.
d. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of
1.0.
e. An edge to area ratio of 0.02 or more indicates a score of 0.
(9) Wildlife habitat:
a. Rationale: A primary hammock function in the Keys is availability of food
sources for resident and migratory birds and other animals. In fact, the
development of our highly diverse tropical Caribbean hammocks is owed in
large part to transport of Caribbean flora by the white-crowned pigeon and
other migrating birds. This availability is relatively easy to determine. It is
measured by the quality and amount of fruit produced by the hammock. The
better the fruit production of the hammock, the more likely it is that birds and
other animals on which hammock distribution and seed dispersal depend will
utilize the resource. These areas are also considered important for
maintenance of resident and migratory bird populations.
b. Fifteen(15) or more species of category 1 fruit producers indicates a score of
3.0.
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BOCC Oi _lance Exhibit 1
c. Twelve (12) or more species of category 1 fruit producers, or, twenty-two (22)
or more species of combined categories 1 and 2 fruit producers indicates a
score of 2.5.
d. Ten(10) or more species of category 1 fruit producers, or, eighteen(18) or
more species of combined categories 1 and 2 fruit producers indicates a score
of 2.0.
e. Twenty (20) or more species of any category fruit producers indicates a score
of 1.5.
f. Fifteen(15)to nineteen (19) species of any Category fruit producers (at least
one species must be in category 1 or 2) indicates a score of 1.0.
g. Less than fifteen (15) of any category fruit producers, or, all fruit producers
are in category 3 indicates a score of 0.
(10) Community connectivity:
a. Rationale:Nearly as important as size is the landscape position of the
hammock within the local island and overall Keys island ecosystem. Isolation
from other useable habitats caused by intervening development has short term
effects on behavior patterns influencing forest availability to wildlife, and
long term effects on dispersal and breeding patterns affecting species
populations.
b. Award only one of the following scores (if applicable):
1. The hammock is part of a contiguous closed canopy hammock,
buttonwood and/or mangrove forest(any combination of these
habitats)with a combined contiguous closed canopy of at least twelve
and one-half(12.5) acres in size but less than thirty (30) acres in size
indicates a score of 0.5.
2. The hammock is part of a contiguous closed canopy hammock,
buttonwood and/or mangrove forest (any combination of these
habitats)with a combined contiguous closed canopy of thirty (30)
acres or more in size indicates a score of 1.0.
c. Award only one of the following scores (if applicable) and add it to the score
from subsection b above (if awarded)to obtain the total score for this
criterion:
1. The hammock is contiguous with or within three hundred (300) feet of
at least ten(10) acres but less than fifty (50) acres of contiguous
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undisturbed habitat of any class or combination of classes including
salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock
barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves
and/or enclosed/semi-enclosed embayments indicates a score of 0.5.
2. The hammock is contiguous with or within three hundred (300) feet of
fifty (50) or more acres of contiguous undisturbed habitat of any class
or combination of classes including salt marsh, buttonwood wetlands,
hammock, beach berm, coastal rock barrens, freshwater wetlands,
freshwater ponds, salt ponds, mangroves, and/or enclosed semi-
enclosed embayments indicates a score of 1.0.
(b) The quality of the hammock shall be determined on the basis of the cumulative
scores indicated under subsection (a) as follows:
(1) A cumulative score of twenty-seven (27) or higher shall indicate a high quality high
hammock;
(2) A cumulative score of sixteen (16) or more but less than twenty-seven (27) shall
indicate a moderate quality high hammock; and
(3) A cumulative score ofless than sixteen (16) shall indicate a low quality high
hammock.
(Ord. No. 33-1986, ~ 9-805; Ord. No. 40-1998, ~ 1)
Sec. 9.5-341. Habitat analysis for low hammocks.
(a) If the habitat type is low hammock, the applicant shall provide the following required
information:
(1) Woody plant species diversity:
a. Rationale: Hammocks with higher diversity are ecologically and culturally
significant in that they are a natural seed source for plant species dispersal and
may represent more mature forests. These hammocks represent a storehouse
of biological diversity and essentially define hardwood forest character in the
Florida Keys.
b. Twenty-three (23) or more native woody species present indicates a score of
6.0.
c. Twenty (20) to twenty-two (22) native woody species present indicates a
score of 5,0.
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BOCC Ordinance Exhibit 1
d. Seventeen (17) to nineteen (19) native woody species present indicates a score
of4.0.
e. Fourteen (14) to sixteen (16) native woody species present indicates a score of
3.0.
f. Eleven (11) to thirteen (13) native woody species present indicates a score of
2.0.
g. Eight (8) to ten (10) native woody species present indicates a score of 1.0.
h. Less than eight (8) native woody species present indicates a score of O.
(2) Threatened, endangered, commercially exploited and regionally important plants:
a. Rationale: Hammocks that provide habitat and conditions for rare and listed
plants to flourish have a relatively significant ecological and cultural value.
The presence of rare plants often indicates a greater habitat stability in terms
of microclimate and niche availability for these plants.
b. Six (6) or more listed species present indicates a score 3.0.
c. Three (3) to five (5) listed species present indicates a score of2.0.
d. One (1) to two (2) listed species present indicates a score of 1.0.
e. No listed species present indicates a score of O.
(3) Invasive exotic plant infestations:
a. Rationale: The more susceptible (less resistant) a hammock is to exotic
invasion, the more likely it is that the habitat is of lower complexity or
integrity or that it is not sufficiently insulated from such effects.
b. Total invasive exotic infestation of five (5) percent or less indicates a score of
4.0.
c. Total invasive exotic infestation is more than five (5) percent but infestation
by combined category 1 invasives is at five (5) percent or less indicates a
score of3.5.
d. Six (6) percent to ten (10) percent infestation by category 1 invasives indicates
a score of3.0.
e. Eleven (11) percent to twenty (20) percent infestation by category 1 invasives
indicates a score of 2.0.
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f. Twenty-one (21) percent to thirty (30) percent infestation by category 1
invasives indicates a score of 1.0.
g. More than thirty (30) percent infestation by category 1 invasives indicates a
score ofO.
(4) Threatened and endangered animal species:
a. Rationale: Hammock that provides habitat for listed animal species is
presumed to provide important and intact wildlife refuge areas that should be
preserved for ecological and cultural reasons. Potential habitat is extremely
important for provision of recovery areas and temporary refuge.
b. The hammock is a known or probable habitat for listed animal species
indicates a score of3.0.
c. The hammock is a potential habitat for listed animal species indicates a score
of2.0.
d. The hammock has no mapped or documented status for listed animal species
indicates a score of O.
(5) Forest size:
a. Rationale: Larger forests are less subject to disturbance due to an insulating
effect. They are also more likely to contain a higher structural, microhabitat,
and species diversity due to the heterogeneous nature of tropical hammock
plant distribution here. Larger forests are also more attractive habitat for birds
and other wildlife as indicated primarily by the keynote species studies done
for various birds.
b. The contiguous hammock is ten (10) or more acres in size indicates a score of
5.0.
c. The contiguous hammock is at least seven (7) but less than ten (10) acres in
size indicates a score of 4.0.
d. The contiguous hammock is at least four (4) but less than seven (7) acres in
size indicates a score of 3.0.
e. The contiguous hammock is at least one (1) but less than four (4) acres in size
indicates a score of2.0.
f. The contiguous hammock is at least 0.375 acres but less than one (1) acre in
size indicates a score of 1.0.
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g. The contiguous hammock is less than 0.375 acres in size indicates a score of
O.
(6) Perimeter disturbance:
a. Rationale: The level of fragmentation of a hammock, measured as the amount
of perimeter disturbance related to its size, has been shown to lower the
resistance of hammocks to direct and secondary effects of the disturbance,
especially where development exists. These disturbances include exotic
invasion sources, exotic predators, human intrusion, and others. The integrity
of the hammock habitat can be lowered by the extent and nature of perimeter
disturbance versus the ability of the hammock to withstand it.
b. An edge to area ratio of 0.005 or less indicates a score of3.0.
c. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of
2.0.
d. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of
1.0.
e. An edge to area ratio of 0.02 or more indicates a score ofO.
(7) Wildlife habitat:
a. Rationale: A primary hammock function in the Keys is availability of food
sources for resident and migratory birds and other animals. In fact, the
development of our highly diverse tropical Caribbean hammocks is owed in
large part to transport of Caribbean flora by the white-crowned pigeon and
other migrating birds. This availability is a relatively easy to determine. It is
measured by the quality and amount of fruit produced by the hammock. The
better the fruit production of the hammock, the more likely it is that birds and
other animals on which hammock distribution and seed dispersal depend will
utilize the resource. These areas are also considered important for
maintenance of resident and migratory bird populations.
b. Ten (10) or more species of category I fruit producers indicates a score of 3 .0.
c. Eight (8) or more species of category I fruit producers, or, fifteen (15) or
more species of combined categories I and 2 fruit producers indicates a score
of2.5.
d. Five (5) or more species of category I fruit producers, or, twelve (12) or more
species of combined categories I and 2 fruit producers indicates a score of
2.0.
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e. Fifteen (15) or more species of any category fruit producers (at least one
species must be in category 1 or 2) indicates a score of 1.5.
f. Ten (10) to fourteen (14) species of any category fruit producers (at least one
(1) species must be in category 1 or 2) indicates a score of 1.0.
g. Less than ten (10) of any category fruit producers, or all fruit producers are in
category 3 indicates a score of O.
(8) Community connectivity:
a. Rationale: Nearly as important as size is the landscape position of the
hammock within the local island and overall Keys island ecosystem. Isolation
from other useable habitats caused by intervening development has short term
effects on behavior patterns influencing forest availability to wildlife, and
long term effects on dispersal and breeding patterns affecting species
populations.
b. Award only one of the following scores (if applicable):
1. The hammock is part of a contiguous closed canopy hammock,
buttonwood and/or mangrove forest (any combination ofthese habitats)
with a combined contiguous closed canopy of at least twelve and one-
half (12.5) acres in size but less than thirty (30) acres in size indicates a
score of 0.5.
2. The hammock is part of a contiguous closed canopy hammock,
buttonwood and/or mangrove forest (any combination of these habitats)
with a combined contiguous closed canopy of thirty (30) acres or more
in size indicates a score of 1.0.
c. A ward only one of the following scores (if applicable) and add it to the score
from subsection b above (if awarded) to obtain the total score for this
criterion:
1. The hammock is contiguous with or within three hundred (300) feet of
at least ten (10) acres but less than fifty (50) acres of contiguous
undisturbed habitat of any class or combination of classes including salt
marsh, buttonwood wetlands, hammock, beach berm, coastal rock
barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves
and/or enclosed/semi-enclosed embayments indicates a score of 0.5.
2. The hammock is contiguous with or within three hundred (300) feet of
fifty (50) or more acres of contiguous undisturbed habitat of any class
or combination of classes including salt marsh, buttonwood wetlands,
hammock, beach berm, coastal rock barrens, freshwater wetlands,
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freshwater ponds, salt ponds, mangroves, and/or enclosed semi-
enclosed embayments indicates a score of 1.0.
(b) The quality of the hammock shall be determined on the basis of the cumulative scores
indicated under subsection (a) as follows:
(1) A cumulative score of twenty-four (24) or higher shall indicate a high quality low
hammock;
(2) A cumulative score of fifteen (15) or higher but less than twenty-four (24) shall
indicate a moderate quality low hammock; and
(3) A cumulative score ofless than fifteen (15) shall indicate a low quality low
hammock.
(Ord. No. 33-1986, ~ 9-806; Ord. No. 40-1998, ~ 1)
Sec. 9.5-342. Habitat analysis for palm hammocks.
If a low hammock has an abundance and density of thatch palms such that twenty (20)
percent of the dominant canopy plants or any portion thereof are palms, the hammock
shall be considered a palm hammock.
(Ord. No. 33-1986, ~ 9-807)
Sec. 9.5-343. Habitat analysis for pinelands.
(a) The quality of pine lands shall be analyzed on the basis of the following indices and
scores:
(1) Pineland size:
a. Rationale: Larger forests are less subject to disturbance due to an insulating
effect. They are also more likely to contain a higher structural, microhabitat,
and species diversity due to the heterogeneous nature of pineland herbaceous
plant distribution. Larger forests are also more amenable to culling of
hardwoods and deadwood through bum management.
b. The contiguous pineland is ten (10) or more acres in size indicates a score of
3.0.
c. The contiguous pineland is at least three (3) but less than ten (10) acres in size
indicates a score of 2.0.
d. The contiguous pineland is at least one (1) but less than three (3) acres in size
indicates a score of 1.0.
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e. The contiguous pineland is less than one (1) acre in size indicates a score ofO.
(2) Perimeter disturbance:
a. Rationale: The level of fragmentation of a pineland, measured as the amount
of perimeter disturbance related to its size, has been shown to lower the
resistance of pinelands to direct and secondary effects of the disturbance,
especially where development exists. These disturbances include exotic and
hardwood invasion sources, exotic predators, human intrusion, and others.
The integrity of the pineland habitat can be lowered by the extent and nature
of perimeter disturbance versus the ability of the pineland plant and animal
community to withstand it.
b. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of
2.0.
c. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of
1.0.
d. An edge to area ratio of 0.02 or more indicates a score of O.
(3) Invasive exotic plant infestation:
a. Rationale: The more susceptible (less resistant) a pineland is to exotic
invasion, the more likely it is that the habitat is of lower complexity or
integrity or that it is not sufficiently insulated from such effects.
b. Total invasive exotic infestation of five (5) percent or less indicates a score of
4.0.
c. Total invasive exotic infestation is more than five (5) percent but infestation
by combined category I invasives is at five (5) percent or less indicates a
score of3.5.
d. Six (6) percent to ten (10) percent infestation of category 1 invasives indicates
a score of 3.0.
e. Eleven (11) percent to twenty (20) percent infestation of category 1 invasives
indicates a score of 2.0.
f. Twenty-one (21) percent to thirty (30) percent infestation of category 1
invasives indicates a score of 1.0.
g. More than thirty (30) percent infestation of category 1 invasives indicates a
score ofO.
Proposed Environmental Development Standards
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(4) Topographic disturbance:
a. Rationale: Significant topographic disturbance, especially by placement of
limerock fill, is highly disruptive to the delicate pineland habitat and
conditions need for rare herbs and other plants to flourish. The microhabitats,
prevalence of caprock, solution holes and pockets of fine soils and algal mats
form a balanced ground-level ecosystem that is essentially destroyed by
permanent topographic alteration.
b. Topographic alteration often (10) percent or less indicates a score of 3.0.
c. Topographic alteration of eleven (11) percent or more but less than twenty
(20) percent indicates a score of 2.0.
d. Topographic alteration of twenty (20) percent or more but less than thirty (30)
percent indicates a score of 1.0.
e. Topographic alteration of thirty (30) percent or more indicates a score ofO.
(5) Threatened, endangered, commercially exploited and regionally important plants:
a. Rationale: A pineland that provides habitat and conditions for rare and listed
plants to flourish has a highly significant ecological and cultural value. The
presence of rare plants often indicates a greater habitat stability in terms of
microclimate and niche availability for these plants and also indicates a
pineland with a healthy herbaceous component.
b. Twenty (20) or more listed species present indicates a score of 6.0.
c. Fifteen (15) to nineteen (19) listed species present indicates a score of 5.0.
d. Eleven (11) to fourteen (14) listed species present indicates a score of 4.0.
e. Six (6) to ten (10) listed species present indicates a score of2.0.
f. One (1) to five (5) listed species present indicates a score of 1.0.
g. No listed species present indicates a score of O.
(6) Hardwood and herbaceous plant biomass:
a. Rationale: Invasion by hardwoods and increases in hardwood plant biomass
cause pine lands to progress towards a hardwood community crowding and
shading out the herbaceous component and eventually changing the landscape
significantly. The more advanced this successional process the lower the
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quality of the pineland and the more difficult it is to arrest or reverse (both by
natural means and human management means).
b. A hardwood coverage of twenty-five (25) percent or less indicates a score of
3.0.
c. Hardwood coverage of twenty-six (26) percent to thirty-three (33) percent
indicates a score of 2.0.
d. Hardwood coverage of thirty-four (34) percent to fifty (50) percent indicates a
score of 1.0.
e. Hardwood coverage of over fifty (50) percent indicates a score of O.
(b) The quality of the pineland shall be determined on the basis of the cumulative score as
follows:
(1) A cumulative score of sixteen (16) or higher shall indicate a high quality pineland;
and
(2) A cumulative score of less than sixteen (16) shall indicate a low quality pineland.
(Ord. No. 33-1986, ~ 9-808; Amd. of 1-2-96; Ord. No. 40-1998, ~ 1
3Sec.9.5-344. Environmental design criteria.
No land shall be developed, used or occupied except in accordance with the following
criteria unless the County biologists recommends an authorized deviation in order to
better serve the goals, objectives and policies of the plan and the director of planning or
planning commission approves the recommendation as a minor or major conditional use.
No recommendation for an authorized deviation from these environmental design criteria
shall be made unless the County biologist makes written findings of fact and conclusions
of biological opinion which substantiate the need and/or benefits to be derived from the
authorized deviation.
Sec. 9.5-345. General environmental design criteria.
No land shall be developed except in accordance with the following general criteria:
4(a) To the maximum extent practicable, development shall be sited so as to preserve all
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. In those instances where an applicant can demonstrate that avoidance of
3 The language of this section, may have been erroneously deleted by State Rule 28-20.025(31) on Jan. 04,
1996. This (amended) language provides necessary flexibility for applying the complex environmental
standards of this code.
4 Implements Compo Plan Policy 205.2.9
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such species or trees is not possible by clustering or by an alternate design approach, then
such species and trees shall be relocated or replaced with nursery stock of the same
species or equally rare species suitable to the site pursuant to a transplantation plan
approved in accordance with section 9.5-346 (TRANSPLANTATION PLAN).
5(b) Champion and specimen trees: All champion and specimen trees shall be preserved
in their natural condition.
6( c) The habitat of threatened and endangered animals shall be preserved to the maximum
extent practical through the configuration of open space.
(d) All areas of disturbance shall be managed to avoid the introduction and/or
establishment ofthe invasive exotic plant species listed in section 9.5-4.
7(e) All invasive exotic plant species shall be removed from the parcel proposed for
development.
8 (f) Clustering: It is the purpose of this subsection to minimize the environmental
impacts of development by requiring design of a development on a parcel of land to
incorporate clustering of the development away from the natural areas on the parcel that
are the most susceptible to harmful impacts of development. Clustering requirements
shall apply to all development, including plat design, and shall be achieved in the
following manner:
(1) When a parcel proposed for development contains more than one (I) habitat
type, all development shall be clustered on the least sensitive portions of the
parcel. For the purpose of this subsection, the relative sensitivity of separate
habitat types shall be as listed below with subsection (a) being the most
sensitive and subsection (u) being the least sensitive.
a. 9Freshwater wetlands;
b. Saltmarsh and/or buttonwood association wetlands;
c. Cactus hammock;
d. Palm hammock;
e. Beachlberm;
f. Pinelands (high quality);
g. High hammock (high quality);
h. Low hammock (high quality;
1. High hammock (moderate quality);
J. Low hammock (moderate quality);
5 Implements Compo Plan Policy 205.2.8
6 Implements Compo Plan Policy 207.1.5
7 Implements Compo Plan Policies 205.2.10 and 206.1.7
8 Implements Compo Plan Policies 102.3.2, 103.1.9,205.2.3, and 205.2.4
9 Freshwater and saltmarshlbuttonwood wetlands require 100% open space ratios, but were added to top of
list for comparison to other habitats for TDR transfers. Other habitats on list were rearranged to more
accurately reflect their relative rarity and sensitivity.
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k. Pinelands (low quality);
1. High hammock (low quality);
m. Low hammock (low quality);
n. Disturbed beach/berm;
0, Disturbed with freshwater wetlands (lawfully converted to disturbed
uplands);
p. Disturbed with salt marsh and/or buttonwood association wetlands
(lawfully converted to disturbed uplands);
q. Disturbed with slash pines;
r. Disturbed with high hammock;
s. Disturbed with low hammock;
t. Disturbed; and
u. Disturbed with exotics;
(2) Development within the least sensitive habitat shall achieve the maximum
density or intensity allowable by Article VIII, Division 1 of this chapter and
shall fully utilize the net buildable area of the habitat prior to expanding to the
next least sensitive habitat type on the site. For proposed plats, these
clustering requirements shall be applied such that the number of proposed lots
are sized and configured to achieve the highest allowable density within the
least sensitive habitat prior to locating additional lots within the next least
sensitive habitat. For disturbed habitats only, development or proposed plats
shall utilize one hundred (100) percent of the disturbed habitat, except for the
area of any required setbacks, before expanding to the next least sensitive
habitat type.
(3) In addition to the requirements of paragraphs (1) and (2) above, development
shall be clustered within the least ecologically valuable area of each habitat as
determined by the County biologist.
1O(4)All development shall be clustered in a manner that reduces habitat
fragmentation and preserves the largest possible area of contiguous,
undisturbed habitat(s). The planning director may vary the clustering
requirements described above in order to reduce habitat fragmentation.
(g) The planning director, in consultation with the county biologist, may approve an
application that modifies or waives the minimum yard requirements set out in this chapter
in order to preserve champion and specimen trees or the habitat of threatened and
endangered animals.
l1See. 9.5-346. Transplantation plan.
(a) All transplantation plans required by this chapter shall contain the following:
10 Implements Compo Plan Policies 205.2.4 and 207.1.5
II Adopted by State Rule 28-20.025(30) on Jan. 04, 1996. Language further amended by County Staff.
Implements Compo Plan Policy 205.2.9
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(1) A survey indicating the location, size, quantity and species to be transplanted;
(2) Identification of the transplantation site including the ultimate location, size
and species of all plants to be transplanted.
a. Where the probability that a plant will survive transplantation is low, as
determined by the County Biologists, then the applicant shall remove
that plant and replace it with nursery stock of equal or more rare species.
b. Any plants so removed shall be replaced with nursery stock at the ratio of
two (2) replacements for each one (1) plant removed. Replacement
nursery stock plants shall be of the minimum sizes set forth in section
9.5-367, unless the County Biologist determines that plants of specific
sizes are needed to ensure their survival at the proposed transplantation
site.
(b) A transplantation plan shall constitute a binding agreement between the County and
the applicant. Failure to implement a transplantation plan shall constitute a violation of
the Monroe County Code and may be considered cause to delay the issuance of a C.O.,
cause the C.O. to be revoked, or cause Code Enforcement proceedings to be initiated
against the applicant, as described in Chapter 6.3 of the Monroe County Code:
(1) A transplantation plan shall be approved by the County Biologist prior to
issuance of a permit and shall be attached as a condition on the permit.
(2) Transplantation or replacement of plants, as described in the transplantation
plan, shall be completed prior to issuance of a C.O. and shall be a condition
of such issuance. Where a C.O. is not applicable, transplantation or
replacement of plants shall be completed within a time frame outlined in the
transplantation plan, as approved by the County Biologist.
(3) All transplanted or replaced plants shall have a durable, easily identifiable tag
to facilitate their identification for subsequent inspections.
(4) A transplantation inspection will be scheduled on the one (1) year anniversary
of the date of the C.O. Ifless than eighty (80) percent of all transplanted or
replaced plants are surviving on this date, then the County Biologist shall
allow the applicant thirty (30) calendar days to replace any dead or dying
plants. If less than eighty (80) percent of all transplanted or replaced plants
are surviving on this second date, then the C.O. for the parcel may be
revoked or Code Enforcement proceedings may be initiated against the
applicant, as described in Chapter 6.3 ofthe Monroe County Code.
(c) All transplantation shall be on the development site unless there is no suitable
planting area available, as determined by the County Biologist.
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(1) No plants may be transplanted into (or replaced into) any area which would
require clearing of native vegetation or significant disturbance of existing
native root systems to make room for the new plants, or within an existing
high quality hammock in its natural state.
(2) Suitable planting areas shall include any area that is lawfully cleared
(excluding the construction impact zone), previously disturbed, vegetated
with non-native vegetation, or sparsely vegetated with native vegetation,
including any required open space, bufferyards, or landscaped areas.
12(3) If the suitable planting areas on the development site are too small or
otherwise unsuitable to accommodate any or all of the required
transplantation or replacement plants, then the transplantation plan shall
propose payment into the County Restorations Fund for the balance of the
required plants.
13( d) County Restoration Fund:
(1) In lieu of transplantation or on site replacement as determined by the County
Biologist, the applicant shall pay into the County Restoration Fund an
amount equal to three hundred and fifteen (315) percent of the cost of
nursery stock to replace the required transplantation plan at the ratio of three
(3) replacement plants for each one (1) plant removed.
(2) The cost of replacement plants shall be determined by averaging their
priceson signed and sealed price lists submitted to the County Biologist by
three private nurseries on behalf of the applicant. All quotes must be for
nursery stock of Threatened, Endangered or Regionally Important status and
that must be at least three feet tall from the top of the soil.
HSec. 9.5-347. Open space requirements.
(a) Purpose: It is the purpose of this section to provide for open space as a part of a
development plan in order to ensure the continued existence of natural wildlife habitat
and to provide open green areas for the movement, aesthetics, and safety of the human
population utilizing the development. Native plant communities within required open
space areas shall not be cleared or otherwise disturbed, including ground cover,
understory, midstory, and canopy vegetation. All such areas shall be maintained in their
natural condition.
12 Implements Compo Plan Policy 210.1.8
13 Implements Compo Plan Policy 210.1.8
14 Adopted by State Rule 28-20.025(13) on Jan. 04, 1996 and further amended by Staff.
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(b) No land shall be developed, used or occupied such that the amount of open space on
the parcel proposed for development is less than the open space ratios listed below for
each habitat.
Land Type of Existing Conditions Map
Open Waters
15Mangrove and freshwater wetlands
16Saltmarsh and buttonwood wetlands
High hammock (high-quality)
High hammock (moderate-quality)
High hammock (low-quality)
Low hammock (high-quality)
Low hammock (moderate-quality)
Low hammock (low-quality)
Palm hammock
Cactus hammock
Pinelands (high-quality)
Pinelands (low-quality)
Beach berm
Disturbed
17Disturbed with hammock
18Disturbed with saltmarsh and buttonwood
Disturbed beachlberm
Disturbed with exotics
19Disturbed with slash pines
Off-shore islands
Open Space Ratio
1.00
1.00
1.00
0.80
0.60
0.40
0.80
0.60
0.40
0.90
0.90
0.80
0.60
0.90
0.20
0.40
See Sec. 9.5-348(d)
0.20
0.20
0.60
0.95
(c) No structures shall be permitted in the required open space except for the following:
(1) Up to fifty (50) percent of the total area of driveways, parking areas, passive
recreational uses, and active recreational uses provided that:
a. They do not cumulatively occupy more than ten (10) percent of the
total required open space area;
b. They are constructed of permeable materials;
c. They do not require the removal of native vegetation; and
d. They are located within a disturbed upland habitat.
15 Implements Policies 102.1.1,204.2.1, and 207.13.1 and was already adopted pursuant to rule 28-20.025
16Implements Policies 207.1.4 and 207.12.5
17Implements Policy 205.2.6
18 Development in disturbed wetlands determined by KEYWEP evaluation
19 Implements Policy 205.2.6
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(2) Structures buried underground including but not limited to septic tank drain
fields, utility lines, and underground tanks, provided that:
a. They are covered with permeable materials;
b. They do not require the removal of native vegetation; and
c They are located within a disturbed upland habitat.
(3) Docks, piers and walkways located over submerged lands, or within
mangroves, or freshwater wetland habitats that are elevated by means of
pilings or other such supports such that the area of land or water underneath
the structure is not topographically altered and remains in a vegetated state.
(d) Required open space shall be maintained pursuant to the most restrictive design
criteria listed for each habitat which applies to the development as listed in this division.
Permittable clearing within each habitat type shall be assessed on a cumulative basis such
that any additional or proposed clearing shall be determined by accounting for all
previous clearing that occurred on the site since February 28, 1986. Major development
sites approved prior to September 15, 1986 shall not be permitted to clear additional
habitat beyond the clearing originally approved without first obtaining approval under the
terms of this chapter.
Sec. 9.5-348. Environmental Design Criteria for Specific Habitat Types
In addition to the general criteria set forth in this division, specific criteria shall apply to
individual habitats as outlined below.
(a) Hammock: All structures developed, used or occupied on land classified as
hammock (all types and all levels of quality) shall be designed, located and constructed
such that:
20 (1) All areas of required open space are maintained in their natural condition,
including the preservation of canopy, mid-story, under-story vegetation,
ground cover and leaf litter layer; and
21 (2) Clearing of native vegetation is limited to area of approved clearing shown
on the approved site plan, which shall include a construction impact zone
around all structures. Construction barriers shall be required at the outer
edge of the construction impact zone and shall be visible and of durable
material such as wood, fabric, wire fencing, rope or wire cable. Barriers
shall remain in place until final inspection for a Certificate of Occupancy
has been approved. During construction, there shall be no disturbances of
the ground surface and vegetation within required open space areas.
20 Implements Compo Plan Policies 102.2.2 and 207.1.5
21 Implements Compo Plan Policy 205.2.7
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(b) Pinelands: All structures developed, used or occupied on land classified as pine lands
(all types and all levels of quality) shall be designed, located and constructed such that:
22(1) All areas of required open space are maintained in their natural condition,
including canopy, mid-story, under-story vegetation, and ground cover.
Dead vegetative matter, including leaf litter layer, may be removed for fire
safety; and
23(2) All structures are separated from the body of the pinelands classified as high
quality by a clear, unvegetated fire break of at least fifteen (15) feet width.
Any clearing required to create this firebreak shall be deducted from the
total area of clearing allowed for the parcel. Clearing of native vegetation
shall be limited to the area of approved clearing shown on the approved site
plan, and the required firebreak. Construction barriers shall be required at
the outer edge of the area to be cleared and shall be visible and of durable
material such as wood, fabric, wire fencing, rope or wire cable. Barriers
shall remain in place until final inspection for a Certificate of Occupancy
has been approved. During construction, there shall be no disturbances of
the ground surface and vegetation within required open space areas.
24( c) Beach Berm Complex or Disturbed with Beach Berm: All structures developed,
used or occupied on land classified as a beach berm complex or as disturbed with
beach berm shall be designed, located and constructed such that:
(1) All structures are elevated on pilings or other supports;
25(2) No beach berm material is excavated or removed and no fill is deposited on
a beach berm except as needed for shoreline stabilization or beach
renourishment projects with a valid public purpose that furthers the goals of
the Monroe County Comprehensive Plan, as determined by the planning
director. All such projects shall require approval by the Florida Department
of Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a County building permit;
26(3) The clearing of beach berm vegetation is limited to the minimum clearing
required to allow development of a permitted use. Beach berm areas
disturbed during construction shall be immediately restored to stable
condition pursuant to a restoration plan approved by the Director of
Environmental resources. Restoration techniques shall be designed to
achieve the maximum stability possible. Native plants shall be used
exclusively in re-vegetation.
22 Implements Compo Plan Policies 102.2.2 and 207.1.5
23 Implements Compo Plan Policies 102.2.2 and 205.2.7
24 Implements Compo Plan Policies 102.2.3 and 207.8.1
25 Implements Compo Plan Policy 206.1.4
26 Implements Compo Plan Policies 206.1.5 and 206.1.6
Proposed Environmental Development Standards
27 of 42
Boee Ordinance Exhibit 1
27(4)
(5)
A construction impact zone is provided and construction barriers are
required at the outer edge of the construction impact zone and shall be
visible and of durable material such as wood, rope or wire cable. No
fencing or other material that can entrap wildlife may be used as a
construction barrier on a beach berm. No vehicular or pedestrian traffic
shall be permitted outside of the construction barriers for the duration of the
construction period. Barriers shall remain in place until final inspection for
a Certificate of Occupancy has been approved.
Marine Turtle Beach: In addition to the previous requirements, proposed
development which may impact marine turtles shall be in accordance with
Sec. 9.5-349(p). .
(c) Mangroves, Wetlands, and Submerged Lands: All structures developed, used or
occupied on land classified as mangroves, wetlands or submerged lands (all types and
all levels of quality) shall be designed, located and constructed such that:
29(1) Generally: Only docks and docking facilities, boat ramps, walkways, water
access walkways, water observation platforms, boat shelters, non-enclosed
gazebos, riprap, seawalls, bulkheads, and utility pilings shall be permitted
on or over mangroves, wetlands, and submerged lands, subject to the
specific restrictions of this subsection. These restrictions shall not apply to
disturbed wetlands that have been lawfully converted into uplands through
filling. Trimming and/or removal of mangroves shall meet Florida
Department of Environmental Protection requirements.
30(2) Protection of circulation patterns: Shoreline structures shall be designed to
protect tidal flushing and circulation patterns.
31 (3) Dredging: The following restrictions shall apply to dredging activities:
a. No new dredging shall be allowed in Monroe County except as specified
for boat ramps in section 9.5-349(1)(SHORELINE SETBACK, BOAT
RAMPS);
b. No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterized by hard bottom communities except for
maintenance dredging in public navigation channels;
c. In order to facilitate establishment of bottom vegetation, maintenance
dredging in artificial waterways shall not exceed depths greater than six
(6) feet at mean low water (ML W). This policy does not apply to the
27 Implements Compo Plan Policies 206.1.2 and 206.1.5
29 Implements Compo Plan Policy 203.1.1,204.2.2,204.2.3 and 207.13.1
30 Implements Compo Plan Policy 212.6.4
31 Implements Compo Plan Policies 202.8.2 (amendment required) through 202.8.6, and Policies 203.2.3
and 204.2.8
Proposed Environmental Development Standards
28 of 42
Boee Ordinance Exhibit 1
entrance channels into Key West Harbor and Safe Harbor;
d. All dredged spoil materials shall be placed on permitted upland sites
designed and located to prevent runoff of spoil material into wetlands or
surface waters;
e. All dredge activities require approvals by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior
to issuance of a County permit.
32(4) Placement offill: No fill shall be permitted in any mangroves, wetlands, or
submerged lands except:
a. As specifically allowed by this section or by section 9.5-349(k) & (1)
(SHORELONE SETBACKS, BULKHEADS, SEAWALLS, RIPRAP
and BOAT RAMPS); or
33b. To fill a manmade, excavated water body such as a canal, boat ramp,
boat slip, boat basin or swimming pool if the County biologist
determines that such filling will not have a significant adverse impact on
marine or wetland communities; or
c. As needed for shoreline stabilization or beach renourishment projects
with a valid public purpose that furthers the goals of the Monroe County
Comprehensive Plan, as determined by the County biologist; or
34d. For bridges extending over saltmarsh and/or buttonwood association
wetlands that are required to provide automobile or pedestrian access to
dwelling units located on upland areas within the same property for
which there is no alternate means of access. Such bridges shall be
elevated on pilings so that the natural movement of water, including
volume, rate and direction of flow shall not be disrupted or altered;
e. As approved for Disturbed Saltmarsh and Buttonwood Association
Wetlands with appropriate mitigation as defined by the wetland
regulations of section 9.5-348(d)(6);
f. All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior
to issuance of a County building permit.
32 Implements Compo Plan Policies 102.1.1, 203.1.1, 204.2.1, 204.2.2 (amendment required), 204.2.3
(amendment required), 207.1.4, and 207.13. I
33 Implements Compo Plan Policy 202.14
34 Implements Compo Plan Policy 204.2.3
Proposed Environmental Development Standards
29 of 42
Boee Ordinance Exhibit 1
35(5) After-The-Fact Exclusion: No "after the fact" permits shall be issued that
violate Monroe County dredge and filling regulations. All fill shall be
removed and all damages mitigated.
36(6) Development in Disturbed Wetlands: Lands classified as disturbed with
saltmarsh and buttonwood association may be filled for development in
accordance with the following criteria:
a. Disturbed wetlands proposed for filling will be evaluated by a County
Biologist using the Keys Wetlands Evaluation Procedure (KEYWEP).
1. Wetland quality categories based on KEYWEP
scorIng:
a) "Red-flag" wetlands are those wetlands whose high
level of functional capacity and lack of disturbance
prohibit development under any circumstances.
b) High functional capacity wetlands: those wetlands
which score at 7.0 or higher, regardless of previous
disturbance. Development is prohibited under any
circumstances.
c) Moderate functional capacity wetlands: those
wetlands which score below 7.0, but greater than or
equal to 4.6. These wetlands are suitable for
development with appropriate mitigation.
d) Low functional capacity wetlands: those wetlands
which score less than 4.6 or are assigned a "green-
flag" designation as suitable for development.
These wetlands are suitable for development with
appropriate mitigation.
2. Wetlands determined by KEYWEP to have a high
functional capacity (those wetlands that score at or
above 7.0 and those wetlands that are assigned a "red
flag") are not suitable for filling. The open space ratio
for such wetlands will be 1.0
3. Wetlands determined by KEYWEP to have moderate
or low functional capacity (those wetlands that score
below 7.0 or are assigned a "green flag") are suitable
35 Implements Compo Plan Policy 204.2.8
36 Implements Compo Plan Policy 204.2.4
Proposed Environmental Development Standards
30 of 42
BOCC OL__Lance Exhibit 1
for filling with appropriate mitigation, as determined
by the Florida Department of Environmental Protection
(DEP) and the U.S. Army Corps of Engineers (ACOE).
All such projects shall require documentation that all
aspects of DEP and ACOE mitigation have been
satisfied prior to issuance of a County building permit.
b. Placement of fill within disturbed wetlands is subject to the
environmental design clustering criteria(See Section 9.5-345(f). Less
sensitive habitats on the subject parcel must be developed before
disturbed wetlands are filled.
c. Any portion of a wetland filled under these provisions shall be
considered"disturbed"habitat with a required open space ratio of 0.20.
In the event that State and/or Federal permits restrict fill to the
development area only,this provision will not apply.
d. Any development within a wetland so filled shall conform to the
setbacks established by the Florida Department of Environmental
Protection(FDEP) and the U.S. Army Corps of Engineers (ACOE)
permits. If fill so placed extends to the subject parcel property line,
standard minimum yard setbacks will apply.
37(7) Vegetated buffer required between development and wetlands: Except as
allowed in Section 9.5-345(GENERAL ENVIRONMENTAL DESIGN
CRITERIA), a minimum vegetated setback of fifty (50) feet shall be
maintained as an open space buffer for development occurring adjacent to all
types of wetlands, with the following exceptions:
a. If a fifty (50) foot setback results in a less than 2,000 square feet of
principal structure footprint of reasonable configuration, then the setback
may be reduced to allow for 2,000 square feet of principal structure
footprint of reasonable configuration, provided that the setback is not
reduced to less than twenty-five (25) feet;
b. On properties classified as scarified adjacent to wetlands, the wetland
setback may be reduced to twenty-five (25) feet, without regard to
buildable area, if the entire setback area:
(i) is planted and maintained in native vegetation meeting the standards
of a Class `D' bufferyard or a bufferyard providing similar
protection (Sec. 9.5-379 Bufferyard Standards) with the exception
that understory trees may be substituted for canopy trees;
(ii) contains a site-suitable stormwater management plan approved by
the County Biologist; and
37 Implements Comp.Plan Policy 204.2.6
Proposed Environmental Development Standards 31 of 42
BOCC Of,__Llance Exhibit 1
(iii) is placed under conservation easement.
c. The wetland setback required by this subsection shall not apply to
mangrove or wetland fringes occurring along man-made canals, channels,
or basins.
38 Sec. 9.5-349. Shoreline setback.
39(a) Purpose: The purpose of this section is to allow for reasonable access between the
land and water,provide secure boat storage, assure good water quality,provide an
appearance consistent with community character, protect structures from the effects of
long-term sea level rise,protect beaches and shores from erosion,protect over-water
views, avoid adverse impacts on navigation, and protect marine and terrestrial natural
resources.
(b) "Principal structures shall be set back as follows:
(1) Along lawfully altered shorelines including manmade canals, channels, and
basins, principal structures shall be set back at least twenty (20) feet as
measured from the mean high water(MHW) line;
(2) Along open water shorelines not adjacent to manmade canals, channels, or
basins, and which have been altered by the legal placement of fill:
a. and where a mangrove fringe of at least ten(10) feet in width occurs
across the entire shoreline of the property,principal structures shall be
set back at least thirty (30) feet as measured from the mean high water
(MHW) line or the landward extent of the mangroves, whichever is
further inland.
b. and where no mangrove fringe exists, principal structures shall be set
back at least thirty (30) feet from the mean high water (MHW) line,
provided that native vegetation exists or is planted and maintained in a
ten(10) foot width across the entire shoreline as approved by the County
Biologist, and is placed under conservation easement; otherwise the
setback shall be fifty (50) feet as measured from the mean high water
(MHW) line.
c. On infill lots surrounded by significant development where principal
structures are set back less than fifty (50) feet from mean high water
(MHW) or the landward extent of mangroves, the Director of Planning
and Environmental Resources may evaluate the community character,
38 Adopted by State Rule 28-20.025(23)on Jan.04, 1996. Language further amended by County Staff.
39 Implements Comp. Plan Policies 202.10.6 and 212.2.1
40 Implements Comp. Plan Policies 212.2.1 and 212.2.3
Proposed Environmental Development Standards 32 of 42
BOCC OL____ance Exhibit 1
the presence or absence of environmental features, and the setbacks on
adjacent developed properties within two parcels on either side of
proposed development, and may allow principal structures to be set back
as far as practicable or in line with adjacent principal structures. In no
event shall the setback be less than twenty (20) feet. On shorelines
where the existing pattern of setback is greater than thirty (30) feet,the
greater setback shall apply.
41(3) Along unaltered and unlawfully altered shorelines, principal structures
shall be set back fifty (50) feet as measured from the mean high water
(MHW) line or the landward extent of the mangroves, whichever is further
landward;
(c) Accessory structures, as defined in Sec. 9.5-4(A-2),within the shoreline setback
shall be constructed at a foundation height not to exceed eighteen(18) inches above
existing grade and shall meet the following design criteria:
(1) Along altered shorelines, including manmade canals, channels, and basins:
a. In no event shall the total, combined area of all structures occupy more
than sixty (60) percent of the upland area of the shoreline setback;
b. Pools, spas, and any screen structures over pools or spas shall be set
back a minimum of ten(10) feet, as measured from the mean high water
(MHW) line;
(2) Along open water shorelines which have been altered by the legal placement
of fill, and where a mangrove fringe of at least ten(10) feet in width occurs
across the entire shoreline of the property:
a. In no event shall the total, combined area of all structures occupy more
than thirty (30) percent of the shoreline setback;
b. Accessory structures other than docks and erosion control structures
shall be set back a minimum of fifteen(15) feet, as measured from the
mean high water(MHW) line or the landward extent of the mangroves,
whichever is further landward, and shall be located in upland areas;
(3) Along unaltered shorelines:
a. In no event shall the total, combined area of all structures occupy more
than thirty (30)percent of the shoreline setback;
at Implement Comp.Plan Policy 212.2.1
Proposed Environmental Development Standards 33 of 42
BOCC Exhibit 1
b. Accessory structures other than docks and erosion control structures
shall be set back a minimum of twenty-five (25) feet, as measured from
the mean high water(MHW) line or the landward extent of the
mangroves, whichever is further landward, and shall be located in
upland areas;
(4) Stormwater and pollutant runoff All structures shall be designed such that
stormwater and pollutant runoff is contained on site, consistent with the stormwater
management standards of this chapter. Pools, spas, fish cleaning tables, and similar
pollutant sources shall not discharge directly into surface waters. Structures should be
made of permeable materials, whenever practical, to allow the infiltration of stormwater
runoff.
(e) Applicability of open space and bufferyard requirements: All structures within the
shoreline setback shall be located such that the open space ratios for the entire parcel and
all scenic corridors and bufferyards are maintained.
(f)Enclosed structures and gazebos: No enclosed structures, other than a dock box of five
(5) feet or less in height, shall be allowed within the shoreline setback. Non-enclosed
gazebos must be detached from any principal structure on the parcel. No decks or
habitable spaces shall be constructed on the roof of any non-enclosed gazebo. Any gazebo
within the shoreline setback shall not exceed two-hundred (200) square feet in area and the
highest portion of the roof shall be no more than twelve (12) feet above grade. Screen
enclosures over pools shall not exceed twelve feet in height.
(g) Boat Shelter Criteria: Non-enclosed boat shelters may be erected only over a cut-in
boat slip, basin, or ramp and may not extend into the adjacent waterbody beyond the
mouth of the cut-in area, nor extend over any mangroves, submerged seagrasses or
hardbottom communities. The roof and supporting members of a boat shelter may extend
two(2) feet into the shoreline setback around the perimeter of a boat basin or boat ramp.
No decks or habitable spaces shall be constructed on the roof of any boat shelter. The
highest portion of the roof of any boat shelter shall be no more than twelve (12) feet
above grade.
(h) Preservation of native vegetation: Structures shall be located in existing cleared areas
before encroaching into native vegetation. The remaining upland area of the shoreline
setback shall be maintained as native vegetation or landscaped areas that allow the
infiltration of stormwater runoff.
(i) Applicability of side yard setbacks: Side yard setbacks shall be maintained for all
structures in the shoreline setback except for docks, sea walls, fences, and retaining walls.
42 a) Tidal flushing and circulation: Shoreline structures shall be designed to protect
tidal flushing and circulation patterns. Any project that may produce changes in
circulation patterns shall be approved only after sufficient hydrographic information is
available to allow an accurate evaluation of the possible impacts of the project.
Previously existing manmade alterations shall be evaluated so as to determine whether
more hydrological benefits will accrue through their removal as part of the project.
42 Implements Comp.Plan Policy 212.6.4
Proposed Environmental Development Standards 34 of 42
BOCC ance Exhibit 1
43 (k) Bulkheads, seawalls, and riprap: Bulkheads seawalls or riprap shall be permitted,
provided that:
(1) Bulkheads, seawalls and/or riprap may be allowed as a principal use where it
is demonstrated that their purpose is necessary for erosion control. Any
attachments to seawalls or bulkheads, such as davits, cleats, and platforms,
or any other elements that constitute docking facilities shall not be allowed
except as accessory to a principle use. Seawalls may have a cap of up to two
(2) feet in width without being considered a dock.
(2) Vertical type seawalls or bulkheads shall be permitted only to stabilize
severely eroding shorelines and only on manmade canals, channels, or
basins. Such seawalls or bulkheads shall be permitted only if native
vegetation and/or riprap and filter cloth is not a feasible means to control
erosion. 44No new seawalls, bulkheads, or other hardened vertical structures
shall be permitted on open water.
(3) Existing, deteriorated seawalls and bulkheads on open water shorelines may
be repaired and/or replaced and are exempt from the non-substantial
improvements limitations except on known or potential sea turtle nesting
beaches. Repairs and/or replacements must maintain the existing footprint to
the maximum extent practical.
(4) Whenever feasible, riprap, bulkheads and seawalls should be placed
landward of any existing mangroves or wetland vegetation. Native upland,
wetland, and aquatic biotic communities shall be preserved to the maximum
extent possible.
(5) Wherever feasible, riprap shall be placed at the toe of solid seawalls to
dissipate wave energy and provide substrate for marine organisms.
(6) 4544No seawalls, bulkheads, riprap or other shoreline hardening structures
shall be permitted on or waterward of any portion of any beach berm
complex which is known to be or is potential nesting area for marine turtles,
as determined by the County Biologist, Florida Fish and Wildlife
Commission, and/or other appropriate agencies. Within known or potential
nesting areas, the County biologist may, in cooperation with the Florida
Department of Environmental Protection, determine that specific segments
of shorelines have been previously, lawfully altered to such a degree that
suitable nesting habitat for marine turtles is no longer present. In such cases,
the County biologist in cooperation with the Florida Department of
Environmental Protection may recommend reasonable measures to restore
the nesting habitat. If such measures are not feasible, the setback
requirements of this subsection do not apply. Restoration of suitable nesting
habitat shall be required for unlawfully altered beaches.
43 Implements Comp.Plan Policy 202.10.6 and Objective 212.6 and subsequent Policies. Note that the
provisions for fences are deleted here and incorporated into the"fence"
as Implements Comp.Plan Policy 102.8.3 and 204.2.2(amendment required for latter)
45 Implements Comp.Plan Policy 212.2.1
Proposed Environmental Development Standards 35 of 42
BOCC Oi-_dance Exhibit 1
(7) Beach renourishment projects on open water may be approved only upon a
determination by the County biologist that the project has a valid public
purpose that furthers the goals of the Monroe County Comprehensive Plan.
(8) All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a County permit.
(1)Boat Ramps: Boat ramps shall be permitted,provided that:
(1) All boat ramps shall be located and designed so as not to create a setback
nonconformity for existing structures from the new MHW line created by the
boat ramp.
(2) All boat ramps shall be confined to shorelines of manmade canals, channels,
and basins with little or no native vegetation.
(3) The width of boat ramps, including side slopes, shall be limited to fifteen
(15) feet, except that ramps serving commercial uses, public uses, or more
than three dwelling units may be thirty-five (35) feet in width.
(4) All above-water ramp, side slope or wall structures shall be located landward
of the original MHW line. This area shall be subtracted from the total area
allowed for structures in the shoreline setback in section 9.5-349(c)
(SHORELINE SETBACKS).
(5) A maximum of two accessory docks, abutting either or both sides of the
ramp, are allowed. These docks may extend beyond MHW, but shall comply
with all requirements of this section and section 9.5-348(d) (MANGROVES,
WETLANDS, AND SUBMERGED LANDS).
(6) Construction of a boat ramp shall not involve any filling of surface waters
except for the minimum amount needed for the actual boat ramp surface,
side slopes, walls or pilings for accessory docks. Walls may not exceed two
(2) feet in width.
(7) Dredging shall be limited to the minimum amount necessary to construct the
boat ramp and may not exceed one hundred (100) cubic yards of total
excavation above and below MHW. No dredging of submerged grass beds
or hard bottom communities shall be allowed.
(8) All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a County permit.
46 (m) Docking facilities: Docking facilities shall be permitted, provided that:
(1) All required permits from the Florida Department of Environmental
Protection and Army Corps of Engineers shall be obtained prior to issuance
of a County permit;
46 Implements Comp. Plan Policies 212.5.2 and 212.5.3
Proposed Environmental Development Standards 36 of 42
BOCC O .�iance Exhibit 1
(2) Docks shall not exceed ten (10) percent of the width of the waterbody as
measured laterally across the waterbody from the point of mean low water of
the proposed location of placement to the opposing point of mean low water;
(3) No dock together with a moored vessel shall preempt more than twenty-five
(25)percent of the navigable portion of a man-made waterbody;
(4) Notwithstanding the provisions of section 9.5-4(A-2), docking facilities may
be constructed on adjacent parcels under the same ownership and within the
same zoning district, provided that a legally established principal use and/or
structure exists on one parcel. In the event that ownership of the adjacent
parcel containing such an accessory dock is severed from the parcel
containing the principal use/structure, the dock must be removed and the
shoreline restored.
(5) Any docking facility shall meet at least one of the following conditions:
(a) At least four (4) feet water depth at MLW at the terminal end of the
docking facility, and continuous access to open water; or
(b) A docking facility that extends across a full ten (10) percent of the width
of any body of water may terminate in water less than four (4) feet at
MLW if this water depth occurs within five (5) horizontal feet of the
terminal end of the docking facility such that the centerline of an average
vessel will rest in water of adequate depth, and continuous access to open
water is available; or
(c) Docking facilities may be developed on the shoreline of lots in a
subdivision that was approved before September 15, 1986, if the docking
facility is located in a channel or canal that was dredged before
September 15, 1986, and if there is a MLW depth of at least four (4) feet
at the terminal end of the docking facility. Such docks shall not exceed
ten(10)percent of the width of the channel or canal.
(d) Docking facilities may be permitted which terminate over seagrass beds
or hardbottom communities when the water depth at the terminal
platform is at least four feet above the top of all seagrasses, corals, macro
algae, sponges, or other sessile organisms at MLW and continuous
access to open water is available. All such projects shall require
approval by the Florida Department of Environmental Protection and the
U.S. Army Corps of Engineers prior to issuance of a County permit.
(6) Secure Tie-Down Provisions: All docks with boat lifts, davits or similar
lifting mechanisms shall provide cleats, rings, or similar features that can be
used to tie down the vessel when it is out of the water in order to stabilize the
vessel during high winds.
Proposed Environmental Development Standards 37 of 42
BOCC OiLiance Exhibit 1
(7) Floating Dock Allowance: Any docking portions extending over water no
shallower than four (4) feet at mean low water (MLW) may be supported by
floats;
(8) Marginal Docks: On shorelines landward of a seawall, revetment or
manmade canal or channel, a dock may run the entire length of the shoreline,
parallel to the water's edge, provided that:
(a) The landward edge of the dock is located entirely on the upland shoreline
and no walkway is needed to provide access to the dock.
(b) All portions of the dock that extend over submerged lands are cantilever
beam or pile supported.
(9) T-Style Docks: Where a mangrove fringe or wetland vegetation exists along
the shoreline, then a dock with a walkway perpendicular to the shoreline,
such as a "T" or "L" dock, shall be the primary design permitted and shall be
designed as follows:
(a) The portion of the dock parallel to the shoreline may run the entire
shoreline length of the parcel and shall not exceed five (5) feet in width.
(b) The dock and walkway shall be located so as to avoid or minimize
covering wetland vegetation or mangroves.
(c) The walkway connecting the dock to the shore shall not exceed four (4)
feet in width. One such walkway shall be allowed for every one hundred
(100) feet of shoreline length or fraction thereof(for example, 75 feet of
shoreline may have one walkway and 101 feet of shoreline may have
two).
(d) Where a mangrove fringe or wetland vegetation exists along the shoreline
and a"T" or "L" style dock would extend over more than ten(10)percent
of the width of the waterbody, the County biologist will coordinate with
and approve an alternative design which shall receive approval by the
Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers prior to issuance of a County Permit. Such alternate
design shall only have the minimum deviations from this subsection to
address this unique situation. If a mangrove fringe will be removed, the
dock shall not extend more than twenty (20) feet along the shoreline. On
shorelines exceeding one hundred (100) feet in length, one such dock
shall be allowed for every one hundred(100) feet of shoreline.
(10) Pier Type Docks: Pier type docks shall be permitted,provided that:
(a) Such structures are oriented approximately perpendicular to the
shoreline;
(b) Such structures are located in an existing break in the mangroves or
shoreline vegetation; however, if no such break exists, a walkway, no
Proposed Environmental Development Standards 38 of 42
r-.
BOCC On_ ance Exhibit 1
more than four (4) feet in width, may be cut through the mangroves or
shoreline vegetation;
(c) Such structures are no longer than twice the linear shoreline frontage of
the parcel or one hundred (100) feet, whichever is less. For purposes of
this subparagraph, dock length shall be measured from MLW out to the
waterward extension of the dock. A special exception may be granted by
the Director of Planning and Environmental Resources to allow the
minimum relaxation of this length restriction as is necessary to provide
the upland owner with access to adequate water depths specified for
docking facilities. Such special exceptions shall only be granted based on
a written determination that, amongst other criteria, the proposed dock
will not be inconsistent with community character, will not interfere with
public recreational uses in or on adjacent waters, and will pose no
navigational or safety hazard. At least thirty (30) calendar days prior to
the issuance of a County permit issued under such a special exception,
the Director of Planning and Environmental Resources shall ensure that
shoreline property owners within three hundred (300) feet of the subject
parcel are notified by regular mail of the proposed special exception in
order to allow an opportunity for appeal.
(d) If proposed, the terminal platform is no wider than eight (8) feet in one
dimension and does not exceed a total of one hundred and sixty (160)
square feet in area. The terminal platform may include stairways for
swimming access provided that all stairways are contained within the
square footage allowed for the terminal platform. The terminal platform
may include a non-enclosed gazebo that does not exceed one hundred
(100) square feet in area and the highest portion of the roof shall be no
more than twelve (12) feet above the decking or terminal platform level.
(n) Water access structures: The following specific types of structures, or portions
thereof, extending over mangroves, wetlands, or submerged lands, shall be permitted only
on shorelines of water bodies other than manmade canals, channels, and basins. All
required permits from the Florida Department of Environmental Protection and the Army
Corps of Engineers shall be obtained prior to issuance of a County permit.
(1)47Water Access Walkways: Water access walkways, shall be permitted,
provided that such structures are:
(a) Oriented approximately perpendicular to the shoreline;
(b) Designed to terminate in water no deeper than six (6) inches at MLW or
extend further than 10 feet from the waterward extent of mangroves;
47 Implements Comp.Plan Policy 212.5.4
Proposed Environmental Development Standards 39 of 42
BOCC Or ,'ance Exhibit 1
(c) Designed so that the decking is elevated at least two (2) feet above
MHW, except for a ramp or stair section at the waterward end which
must be limited to no more than ten(10) foot long;
(d) Do not exceed four (4) feet in width and do not include a terminal
platform or gazebo or roof structures;
(e) Designated by signs of at least one (1) square foot each to be placed on
each side of the structure that states "No Mooring of Motorized Vessels
Allowed"; and
(f) Designed not to terminate over seagrasses or hardbottom communities.
(2)48Water Observation Platforms: Water observations platforms shall be
permitted,provided that such structures are:
(a) Oriented approximately perpendicular to the shoreline;
(b) Designed to terminate in water no deeper than six (6) inches at MLW or
begin the terminal platform no further than 10 feet beyond the
waterward extent of mangroves;
(c) Designed so that the top of the decking, including the terminal platform,
must be elevated at least five (5) feet above MHW, except for a ladder or
steps that may be may be added for swimming access only in the absence
of seagrasses or hardbottom communities;
(d) Designed with a terminal platform that does not exceed one hundred and
sixty (160) square feet, inclusive of any steps or ladder. The terminal
platform may include a non-enclosed gazebo that does not exceed one
hundred (100) square feet in area and the highest portion of the roof shall
be no more than twelve (12) feet above the decking or terminal platform
level.
(e) Shall be designed with handrails and designated by signs of at least one
(1) square foot each to be placed on each side of the structure that states
"No Mooring of Motorized Vessels Allowed".
(o) Special approvals:
(1) For structures serving commercial uses, public uses, or more than three
dwelling units, the Director of Planning and Environmental Resources or the
Planning Commission may approve deviations from the requirements of the
48 Implements Comp.Plan Policy 212.5.4
Proposed Environmental Development Standards 40 of 42
BOCC Or:,. ance Exhibit 1
subsection above as part of a minor or major conditional use permit. Such
approval may include additional structures or uses provided that such
approval is consistent with any permitted uses, densities, and intensities of
the land use district, furthers the purposes of this section, is consistent with
the general standards applicable to all uses, and the proposed structures are
located in a disturbed area of an altered shoreline. Such additional uses are
limited to waterfront dining areas, pedestrian walkways, public monuments
or statues, informational kiosks, fuel or septic facilities, and water-dependent
marina uses. Any such development shall make adequate provision for a
water quality monitoring program for a period of five (5) years after the
completion of the development.
(2) For structures serving three or fewer dwelling units the Director of Planning
and Environmental Resources may approve designs that address unique
circumstances such as odd shaped lots or shorelines, even if such designs are
inconsistent with the above standards. Such approval may be granted only
upon the Director's written concurrence with the applicant's written finding
that the proposed design furthers the purpose of this section and the goals of
the Monroe County Comprehensive Plan. Only the minimum possible
deviation from the above standards will be allowed in order to address the
unique circumstances. No such special approval will be available for after-
the-fact permits submitted to remedy a Code Enforcement violation.
(3) 49Docks or docking facilities lawfully existing along the shoreline of
manmade canals, channels, or basins, or serving three or fewer dwelling
units on any shoreline, may be expanded or extended beyond the size
limitations contained in this section in order to reach the water depths
specified for docking facilities. Any such modifications shall comply with
each and every other requirement of this section and section 9.5-
348(d)(MANGROVES, WETLANDS AND SUBMERGED LANDS).
(4) All structures lawfully existing within the shoreline setback along manmade
canals, channels, or basins, or serving three or fewer dwelling units on any
shoreline, may be rebuilt in the same footprint provided that there will be no
adverse impacts on stormwater runoff, navigation or turtle nesting habitat.
so (p) Requirements for marine turtle nesting areas: Notwithstanding the provisions
above, no development other than pile supported docks and walkways designed to
minimize adverse impacts on marine turtles shall be allowed within fifty (50) feet of any
portion of any beach berm complex which is known to be or is a potential nesting area for
marine turtles. Any development shall comply with Article IV, Section 13-61 through 13-
67 (Sea turtle protection ordinance).
(1) The fifty (50) foot setback shall be measured from either the landward toe of
the most landward beach berm or from fifty (50) feet landward of MHW,
whichever is less. The maximum total setback shall be one hundred (100)
feet from MHW.
49 Implements Comp. Plan Policy 212.5.3
so Implements Comp. Plan Policy 207.8.7
Proposed Environmental Development Standards 41 of 42
BOCC Ors Vance Exhibit 1
(2)51 Within known or potential nesting areas for marine turtles, as determined by
the County Biologist, the Florida Fish and Wildlife Commission, and/or
other appropriate agencies, the County biologist may, in cooperation with
other appropriate agencies, determine that specific segments of shorelines
have been previously, lawfully altered to such a degree that suitable nesting
habitat for marine turtles is no longer present. In such cases, the County
biologist in cooperation with the Florida Department of Environmental
Protection may recommend reasonable measures to restore the nesting
habitat. If such measures are not feasible, the specific requirements of this
subsection do not apply. Restoration of suitable nesting habitat shall be
required for unlawfully altered beaches.
(3) Any such dock or walkway shall be designed to the following criteria to
minimize adverse impacts on marine turtles.
(a) The structure shall have a minimum horizontal distance of four(4) feet
between pilings or other upright members.
(b) The structure shall have a minimum clearance of two (2) feet above
grade.
(c) If stairs or a ramp with less than the minimum two (2) feet clearance
above grade is required, such stairs or ramp shall be enclosed with
vertical barriers no more than two (2) inches apart.
(4) All outdoor and indoor artificial lighting complies with sections 13-63 and
13-64 of Article IV of the Monroe County Code, Protection of Sea Turtles.
Sec. 9.5-350. Reserved
51 Implements Comp.Plan Policy 212.2.1
Proposed Environmental Development Standards 42 of 42
DCA Final Order No.: DCA02-0R-161
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULA nONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 007-2002
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2001), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On April 19, 2002, the Department received for review Monroe County Ordinance No.
007 - 2002 which was adopted by the Monroe County Board of County Commissioners on March
20,2002 ( "Ord. 007-2002"). Ord. 007-2002 amends several sections of the Monroe County
Land Development Regulations regarding environmental standards in order to consolidate those
standards, reduce redundancy, and implement policies of the Year 2010 Comprehensive Plan.
3. Ord. 007-2002 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
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State Concern. SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2001). The regulations
adopted by Ord. 007-2002 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community
Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), affd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The
Principles are construed as a whole and no specific provision is construed or applied in isolation
from the other provisions.
8. Ord. 007-2002 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation ofthe area of critical state concern designation.
(b) To protect shoreline and marine resources including mangroves, coral
reef formations, seagrass beds, wetlands, fish and wildlife, and their
habitat.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation, (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(e) To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(f) To enhance natural scenic resources, promote aesthetic benefits
of the natural environment, and ensure that development is
compatible with the unique historic character of the Florida Keys.
(k) To provide adequate alternatives for the protection of public safety,
and welfare in the event of a natural or manmade disaster and for a
postdisaster reconstruction plan.
9. Ord. 007-2002 is not inconsistent with the remaining Principles. Ord. 007-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 007-2002 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Flo ~
f
ONNY TTIMMERMAN, DffiECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT A TIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
~
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true ~d correct copies have been furnished to
the persons listed below by the method indicated this ~ day of June, 2002.
~ "lC--~;
Paula Ford, Agency Cle
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By U.S. Mail:
~
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
DIVISIONS OF FLORIDA DEPARTMENT OF STATL THE_.
. d HISTORIC PRESERVATION BOARDS
Office of the Secretary ="'.�'
Historic Florida Keys Preservation Board
Division of Administrative Services gg�� ;* :�•..
y; w Historic Palm Beach County Preservation Board
Division of Corporations :;=
:__ ►•iri4'. Historic Pensacola Preservation Board
Division of Cultural Affairs aal,�r�s�,�;."-
Division of Elections ai}p: ,; Historic St,Augustine Preservation Board
''"-_ � Historic Tallahassee Preservation Board
Division of Historical Resources ���{•�'9,,.r'.:''`:%`.
Division of Library and Information Services Historic Tampa/HillsboroughCounty' i::-:`'
Division of Licensing HOD Preservation Board
we
RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
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April 17, 2002t ▪ rn
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me
Honorable Danny L. Kolhage o(-)• w -o_r:=:
Clerk of the Circuit Court =FD
Monroe County =
500 Whitehead Street �::� o
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated April 10, 2002 and certified copies of Monroe County
Ordinance Nos. 006-2002 and 007-2002, which were filed in this office on
April 16, 2002.
Sincerely,
�tALft
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270
FAX: (850)245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statejl.us
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FWRIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
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
April 10, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400 0005 9118 6107
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 006-2002 to clarify Public Records by rescinding Section 2, amendment to
Policy 101.5.4(5), of Ordinance No. 010-1999, which amended the Residential Permit Allocation
provisions of the Monroe County Year 2010 Comprehensive Plan; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code; and providing for an effective date.
Ordinance No. 007-2002 amending the Monroe County Land Development Regulations,
Chapter 9.5, Sections 227,286,288, and 335 through 350, regarding environmental development
standards; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code; and providing for an
effective date.
These Ordinances were adopted by the Monroe CQunty Board of County Commissioners
at a Regular Meeting in formal session on March 20, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
(
Ordinance Nos. 006-2002&07-2002
April 10, 2002
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commis ' ners .
by:
ca
G.
H cock, Deputy Clerk
Cc: County Administrator w/o document
Growth Management
County Attorney I U.S. Postal Service
BOCC CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
File
~ Article Sent To:
0
Mrs. Liz Cloud (Ord 006 & 007-2002
' Postage �' j 3p �
Li- Certified FeeINIM
Po51
Lri Return Receipt Fee �klere.<.
(Endorsement Required) ty'\
CI Restricted
J�Restr cted Delivery FeeCI
�`�
j ,'
IO (Endorsement Required)
I= Total Postage&Fees $ ).1) r
CI
Name please Print Clearly)(to be completed by mailer)
m Bureau__of__Adminiatratiue__Cade_--&--Laws
T iet'' oTYinss Building
„o laThiliVftines Street, Suite L43
- �- -\ • •-2 PS Form S800,July 1999 See Reverse for Instructigns
i
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. •
• Print your name and address on the reverse
so that we can return the card to you. C. sigtsPAGIL PENTON
• Attach this card to the back of the mailpiece, REPARTME KT OF STATE)Agent
or on the front if space permits. 0 Addressee
1. Article Addressed to: D. Is delivery address different
�frroom itemc 1? 0 Yes
Mrs. Liz Cloud D " �I"VrVI1�eNo
Bureau of Administrative Code APR 16 2002 >`
The Collins Building
107 W Gaines Street, Suite L43 LEARED
Tallahassee FL 32399-0250 3. Servi
ENCertified Mail 0 Express Mail
(Ord. 006 & 007-2002) 0 Registered ❑Return Receipt for Merchandise
• 0 Insured Mail 0 C.O.D.
•
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
7099 3400 0005 9118 6107
' PS Form 3811,July 1999 Domestic Return Receipt
102595-00-M-0952
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