§ 106-8. North Key Largo Area of Critical County Concern.

(a)

Established. The North Key Largo area of critical county concern is hereby established for that portion of Key Largo located between the junction of State Road 905 and U.S. Route 1 and the Dade County boundary at Angel Fish Creek.

(b)

Purpose. The North Key Largo area of critical county concern is established for the purpose of reconciling the reasonable investment-backed development expectations of North Key Largo landowners with the need to preserve the habitat of four species of animals that are listed as endangered under the Endangered Species Act, 16 USC 1531-1543; the American Crocodile (Crododylus acutus), the Key Largo Woodrat (Neotoma floridana smalli), the Key Largo Cotton Mouse (Peromyscus gossypinus allapaticola), and the Schaus Swallowtail Butterfly (Heraclides aristidemus ponceanus).

(c)

Habitat conservation plan for North Key Largo. A gubernatorial study committee established by Executive Order Number 84-157 is preparing a habitat conservation plan for North Key Largo that will be consistent with the principles established in subsection (d) of this section and is to be submitted to the county for consideration and adoption as a part of the Monroe County Comprehensive Plan.

(d)

Principles for guiding the preparation of the habitat conservation plan. The habitat conservation plan ("HCP") for North Key Largo shall be prepared in accordance with the following principles:

(1)

At a minimum, the lands that are designated as conserved habitat within the North Key Largo area of critical county concern shall be preserved by the fee acquisition, use of transferable development rights or any other means that provides for the preservation of the lands in perpetuity.

(2)

The lands designated for possible future development within the North Key Largo area of critical county concern may be suitable for on-site development.

(3)

An intensive land acquisition effort, including at a minimum all conserved habitat within the North Key Largo area of critical county concern should be undertaken by the state. It may also be desirable for the state to acquire all or a part of the areas designated for possible future development within the North Key Largo area of critical county concern.

(4)

No development shall be carried out within the areas designated for possible future development within the North Key Largo area of critical county concern prior to August 1, 1988, in order to provide a reasonable period of time for a major land acquisition effort to be undertaken, except for possible minor exceptions for single-family dwellings units in existing improved subdivisions.

(5)

Residential dwelling units shall be allocated on an equitable basis to all lands, including lands owned by the state in the North Key Largo area of critical county concern which lie outside of the Crocodile Lakes National Wildlife Refuse, between the Ocean Reef Club and the Port Bougainville Development of Regional Impact (DRI) on the basis of 3,500 residential units. The allocation shall first provide for existing legally vested rights, including improved subdivisions, and then allocate the remainder of the 3,500 units to undeveloped lands. It shall be assumed that the dwelling units allocated to lands currently in state ownership, or lands acquired in the future by the state, will not be developed and that therefore the number of dwelling units actually developed will be substantially less than the allocated number of dwelling units.

(6)

No development within the areas designated for possible development shall be carried out unless and until a Section 10(a) incidental taking permit authorizing such development has been issued by the United States Secretary of the Interior and a comparable authorization has been granted by the state.

(e)

Table of contents. The habitat conservation plan shall contain the general topic areas and considerations set forth in the interim drafts of the table of contents and Chapters 4 and 5 of the interim drafts submitted by the study committee, hereby incorporated by reference, subject to further modifications and refinements.

(f)

Applicability.  

(1)

All development within the North Key Largo area of critical county concern shall comply with each and every provision of this chapter and the HCP when adopted. In the event there is any conflict between the provisions of the HCP and the more general provisions of this chapter, the HCP shall control.

(2)

On or before October 1, 1987, the BOCC shall consider and initiate adoption procedures for a Habitat Conservation Plan for the North Key Largo area of critical county concern; and no development shall be carried on any lands within the area of critical county concern prior to October 1, 1987, or the effective date of the HCP except for lands located within the Ocean Reef Club, the Angler's Club and the Port Bougainville and Garden Cove DRI's and subdivisions designated by the BOCC as Improved Subdivision (IS).

(3)

The time period specified in Section 101-4(b)(3) shall not commence until August 1, 1988, for approved major development which would otherwise be entitled to proceed under the provisions of Section 101-4(b)(3) but which are prohibited from doing so under the terms of this subsection.

(4)

No development permit shall be effective until the issuance of all required permits pertaining to endangered species, as required by the U.S. Fish and Wildlife Service and the state.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)