§ 118-10. Environmental Design for Specific Habitat Types.

In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual habitats as outlined in this Section.

(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:

(1)

All areas of required open space are maintained in their natural condition, including the preservation of canopy, midstory, understory vegetation, ground cover and leaf litter layer; and

(2)

Clearing of native vegetation is limited to the 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, plastic safety fencing, or similar types that provide openings to allow the passage of wind and water through them. Barriers shall be staked and remain in place and maintained in a functional condition 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.

(b)

Pinelands. All structures developed, used or occupied on land classified as pinelands (all types and all levels of quality) shall be designed, located and constructed such that:

(1)

All areas of required open space are maintained in their natural condition, including canopy, midstory, understory vegetation, and ground cover. Dead vegetative matter, including leaf litter layer, may be removed for fire safety; and

(2)

All structures are separated from the body of the pinelands by a clear, unvegetated fire break of at least 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, plastic safety fencing, or similar types, that provide openings to allow the passage of wind and water through them. Barriers shall be staked and remain in place and maintained in a functional condition 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.

(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.

(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. If applicable, all such projects shall require approval by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers prior to the commencement of development or construction and/or prior to the issuance of a County 'Notice to Proceed.'

(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 County Biologist. Restoration techniques shall be designed to achieve the maximum stability possible. Native plants shall be used exclusively in re-vegetation.

(4)

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 and maintained in a functional condition until final inspection for a certificate of occupancy has been approved.

(d)

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:

(1)

Generally. Only docks and docking facilities, boat ramps, walkways, water access walkways, water observation platforms, boat shelters, nonenclosed 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. Trimming and/or removal of mangroves shall meet Florida Department of Environmental Protection requirements.

(2)

Protection of circulation patterns. Shoreline structures shall be designed to protect tidal flushing and circulation patterns.

(3)

Dredging. The following restrictions shall apply to dredging activities:

a.

No new dredging shall be allowed in the County except as specified for boat ramps in Section 118-12(l) (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 and prevent degradation of bottom vegetation, maintenance dredging in artificial waterways shall not exceed depths greater than six feet at mean low water (MLW). This restriction does not apply to the 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 such projects shall require approval by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers prior to the commencement of development or construction and/or prior to the issuance of a County 'Notice to Proceed.'

f.

Exemptions:

1.

Pursuant to Policy 202.8.6, canal restoration projects developed to determine the effectiveness of water quality strategies of the Florida Keys National Marine Sanctuary Water Quality Protection Program that meet the following criteria are exempt from the restrictions in 118-10(d)(3)b:

i.

Projects are limited to previously dredged artificial canals characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan.

ii.

Projects are performed or funded by public entities (county, state, or federal) for organic material removal; and

iii.

Projects are backfilled to a depth of six to eight feet (6 ft.—8 ft.), or an alternative depth as determined by best available scientific data and authorized by the state and federal permitting agencies; and

iv.

Hydraulic (vacuum) dredging shall be considered the preferred means of removal of the organic material. If hydraulic dredging is not proposed to accomplish the organic material removal, a public hearing before the Board of County Commissioners (BOCC) shall be required prior to issuance of a County permit.

2.

Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration projects to remove decomposing organic material from previously dredged artificial canals (down to the bedrock) without backfilling will be performed and evaluated for effectiveness. Water quality monitoring of these two (2) organic removal pilot projects shall be conducted at a two- (2) year point of time and a ten- (10) year point of time after completion of the pilot projects, and a water quality report shall be reviewed to determine the effectiveness in improving dissolved oxygen concentrations, as identified in the surface water quality criteria in Ch. 62-302.530, F.A.C., in the two (2) organic removal pilot projects canals.

(4)

Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged lands except:

a.

As specifically allowed by this Section or by Section 118-12(k) (Bulkheads, Seawalls, Riprap) and 118-12(l) (Boat Ramps);

b.

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;

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;

d.

For bridges extending over salt marsh and/or buttonwood association wetlands that are required to provide automobile or pedestrian access to lawfully established 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; or

e.

As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of this Section.

(5)

After-the-fact exclusion. No after-the-fact permits shall be issued that violate the County dredge and filling regulations. All fill shall be removed and all damages mitigated.

(6)

Development in disturbed wetlands. Lands classified as disturbed with salt marsh 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) and assigned a KEYWEP score. The County Biologist may conduct a current KEYWEP analysis to confirm or update a parcel's KEYWEP scores.

1.

Wetland quality categories based on KEYWEP scoring:

i.

High functional capacity wetlands: those wetlands that score higher than 5.5, regardless of previous disturbance. Development is prohibited under any circumstances.

ii.

Moderate functional capacity wetlands: those wetlands that score 5.5 or less, but greater than or equal to 4.6. These wetlands are suitable for development with appropriate mitigation.

iii.

Low functional capacity wetlands: those wetlands that 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 above 5.5 or those wetlands that are assigned a red flag) are not suitable for filling. The open space ratio for such wetlands will be 1.0 (100%).

3.

Wetlands determined by KEYWEP to have moderate or low functional capacity (those wetlands that score 5.5 or less or are assigned a green flag) are suitable 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 the commencement of construction and/or prior to the issuance of a County 'Notice to Proceed.'

b.

Placement of fill within disturbed wetlands is subject to the environmental design clustering criteria (see Section 118-7(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 DEP and the ACOE permits, and to the minimum yards required by Chapter 131 of this LDC.

(7)

Vegetated buffer required between development and wetlands. Except as allowed in Section 118-7 (general environmental design criteria), a minimum vegetated setback of 50 feet shall be maintained as an open space buffer and shall be protected by a grant of conservation easement running in favor of the County for development occurring adjacent to all types of wetlands, with the following exceptions:

a.

If a 50-foot setback results in 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 25 feet.

b.

On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to 25 feet, without regard to buildable area, if the entire setback area:

1.

Is planted and maintained in native vegetation meeting the standards of a class D bufferyard or a bufferyard providing similar protection (Section 114-128 Bufferyard standards) with the exception that understory trees may be substituted for canopy trees;

2.

Contains a site-suitable stormwater management plan approved by the County Biologist; and

3.

Is placed under a conservation easement.

c.

The wetland setback required by this subsection shall not apply to mangrove or wetland fringes occurring along manmade canals, channels, or basins.

d.

The wetland setback required by this Section shall not apply to areas filled in accordance with 118-10(d)(6) where state and/or federal permits restrict the fill to the development area only.

e.

On properties where the wetland is located between the development and water (shoreline), the terms of the grant of conservation easement may be amended to allow up to a four-foot wide (4 ft) boardwalk or similar water-access structure to allow access to the water. The terms may only be amended if the County Biologist makes written findings of fact and conclusions of biological opinion that substantiate the need and/or benefits to be derived from the amendment.

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