§ 130-122. Coastal Barrier Resources System Overlay District (CBRS).

(a)

Federal purpose. The purpose of the federal Coastal Barrier Resources Act (CBRA) is to discourage further development in certain undeveloped portions of coastal barriers and remove the federal incentive to develop these areas. The federal law limits new federal expenditures and financial assistance, including flood insurance. These federal public expenditure limitations have the effect of discouraging development in areas the U.S. Department of the Interior designates as coastal barriers within the Coastal Barrier Resources System (CBRS). The CBRS protects coastal areas that serve as barriers against wind and tidal forces caused by coastal storms, and serve as habitat for aquatic species.

(b)

County purpose. The county includes the federal CBRS system units, excluding OPAs, located within unincorporated Monroe County, except for the improved port property along the safe harbor entrance channel within system unit FL-57, as an overlay district. The purpose of the County's Coastal Barrier Resources System overlay district is to implement the policies of the Comprehensive Plan by discouraging the extension and expansion of specific types of public facilities, including potable water, and/or electric services and/or telephone services to undeveloped lands designated as a system unit of the CBRS.

(c)

Application. The Coastal Barrier Resources System overlay district shall be overlaid on all areas, except for the improved port property along the safe harbor entrance channel within system unit FL-57, within federally designated boundaries of a CBRS system unit on current (February 18, 2005) flood insurance rate maps approved by the Federal Emergency Management Agency, which are hereby adopted by reference and declared part of this chapter.

Within this overlay district, the transmission and/or collection lines of the following types of public facilities, including potable water, and/or electric services and/or telephone services shall be discouraged from extension or expansion to undeveloped CBRS units: potable water, electricity, and telephone. The maintenance, restoration, replacement and upgrading of existing public facilities, including potable water, and/or electric services and/or telephone services is not discouraged. The County may allow extension or expansion of these facilities and services if consistent with Comprehensive Plan Policy 101.12.2. This discouragement shall not apply to wastewater nutrient reduction cluster systems or central wastewater treatment collection systems, water distribution and sewer collection lines, pump/vacuum/lift stations, cluster systems, or small package plants/treatment facilities, which are encouraged.

For vacant property within the CBRS overlay district, it is presumed that non-CBRS lands are available for development and that development within CBRS system units can be avoided. This presumption may be rebutted only if the owner(s) of the vacant CBRS property obtains approval through the county's ROGO/NROGO/Tier system.

(d)

County public improvements. Except for wastewater systems, within undeveloped areas of the CBRS overlay district, County public tax dollars and/or county financial assistance should not be used for new public facilities, including potable water, and/or electric services and/or telephone services, unless an analysis is conducted pursuant to Policy 101.12.2, and: 216.4.2

(1)

Based on the analysis, the BOCC makes a specific finding that such new improvements are to protect the public health, safety and welfare, no reasonable alternatives exist to the proposed location, and the proposed location is approved by a supermajority of the BOCC; and/or

(2)

Such new improvements and/or financial assistance are consistent with the federal exceptions pursuant to section 6 of the CBRA.

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