Objective 205.2  

To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall maintain land development regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and pinelands. [F.S. § 163.3177(6)d.2.d., h.]

Policy 205.2.1

Monroe County shall maintain the boundaries of the tier system overlay based on the criteria in Policy 205.1.1.

Policy 205.2.2

Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or pinelands of one acre or more in area to protect areas of native upland vegetation (See Policy 101.6.4). [F.S. § 163.3177(6)d.2.d., h.]

Policy 205.2.3

Monroe County shall maintain clustering requirements as follows:

1.

when a parcel proposed for development contains more than one (1) habitat type, development shall be:

a)

clustered on the least sensitive portion of the parcel, until the maximum allowable density is reached;

b)

if further development occurs, it shall be clustered on the next least sensitive portion of the parcel, until maximum allowable density is reached, etc.; and

2.

development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel.

For the purpose of this policy, the relative sensitivity of separate habitat types shall be as listed below with 1 (freshwater wetlands) being the most sensitive and 16 (disturbed with exotics) the least sensitive.

1.

Freshwater wetlands;

2.

Salt marsh and/or buttonwood association wetlands;

3.

Cactus hammock;

4.

Palm hammock;

5.

Beach/berm;

6.

Pinelands

7.

High Hammock

8.

Low hammock

9.

Disturbed beach/berm;

10.

Disturbed with freshwater wetlands;

11.

Disturbed with salt marsh and/or buttonwood association wetlands;

12.

Disturbed with slash pines;

13.

Disturbed with high hammock;

14.

Disturbed with low hammock;

15.

Disturbed; and

16.

Disturbed with exotics.

Policy 205.2.4

Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering.

Policy 205.2.5

Existing Conditions Reports shall include identification of measures for protecting native upland vegetation. Successful implementation of these measures shall be required as a condition of issuance of a certificate of occupancy. [F.S. § 163.3177(6)d.2.d.]

Policy 205.2.6

The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps. Clearing of upland native vegetation communities in the Tiers I, II, III and III-A (SPA) shall be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.5.27.* [F.S. § 163.3177(6)d.2.d.]

*Clearing on Big Pine Key and No Name Key is limited to the provisions in the USFWS issued Incidental Take Permit (ITP) TE083411-0.

Policy 205.2.7

Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.5.27. For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet, or as specified in Policy 101.5.27. The immediate development area shall include the area of approved clearing shown on the approved site plan. The immediate development area shall be fenced throughout the duration of construction. During construction, there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing. [F.S. § 163.3177(6)d.2.d.] (Ord. No. 026-2012)

Policy 205.2.8

Development shall not disturb the following vegetation:

1.

champion trees;

2.

specimen trees (diameter at breast height that is greater than seventy-five (75) percent of the record tree of the same species for the State of Florida); and

3.

plant species listed by the USFWS as threatened and endangered. [F.S. § 163.3177(6)d.2.d., h.]

Policy 205.2.9

Development shall be sited so as to avoid or minimize impacts to the following plants:

1.

species listed by the Florida Department of Agriculture and Consumer Services as threatened, endangered or commercially exploited (excluding those specifically protected by Policy 205.2.8);

2.

other locally rare native species (See Policy 205.3.1); and

3.

native trees with diameter at breast height (dbh) of four (4) inches or greater.

In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach, then the following options shall be considered by the County Biologist:

(1)

Successful transplantation of affected plants/individuals ("successful transplantation" shall be defined as one-hundred (100) percent survival after a period of one (1) year); or

(2)

Where the probability of survivability of transplanted plants is low or when there is no suitable planting area on the subject site (as determined in writing by the County Biologist), then the applicant shall be required to make a payment into the Monroe County Land Management and Restoration Fund (See Goal 209 and related objectives and policies). Payments into this Fund for this purpose shall be calculated as follows: Payments shall be equal to the replacement cost at a rate of 2:1 for all native trees over four inches dbh; all listed species of any size; and all locally rare native species. [F.S. § 163.3177(6)d.2.d.]

Policy 205.2.10

Invasive exotic vegetation shall be removed from the development parcel as a condition for issuance of a Certificate of Occupancy. [F.S. § 163.3177(6)d.2.d.]

Policy 205.2.11

A list of invasive exotic upland plants shall be maintained by the County biologist and made available to the general public. [F.S. § 163.3177(6)d.2.d.]

Policy 205.2.12

Monroe County shall use the "December 1985 Habitat Classification Aerial Photographs," as a general guide to habitat characteristics, supplemented by recent aerial photography and existing site analysis to determine any increases and/or losses in the amount of upland native vegetated areas. The County biologist shall review the best available data for the review of habitat areas.

Policy 205.2.13

Monroe County shall require, in the Land Development Code, an Existing Conditions Report including a vegetation survey for any development that may disturb native upland vegetation. At a minimum the report shall include an analysis of the potential impacts of the proposed development on native upland habitats, a description of the measures designed to reduce identified adverse impacts including clustering.