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HomeMy WebLinkAboutPacket 01-07-2003 }54p*CE q�� S y 9 City of Cape Canaveral s CITY CP CAPE CANAVEML CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 7, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 17, 2002. CONSIDERATIONS: 2. Motion to Adopt: Resolution No. 2002-50; Appointing an Alternate Member to the Code Enforcement Board. (L. Holfve) 3. Motion to Approve: T-Shirt Sponsorship for the 18th Annual Trash Bash. 4. Motion to Approve: Voting Delegate and Altemate Delegate to the Space Coast League of Cities_ ORDINANCES: First Public Hearing: 5. Motion to Adopt: Ordinance No. 01-2003; Amending the City Code through the Adoption of a New Section 54-3 Entitled Fires Restricted, for second reading. 105 Polk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 - FAX(321) 799-3170 - www.fcn.stare.fl.us/cape e-mail: ccapecanaveral0cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting January 7, 2003 Page 2 RESOLUTIONS: 6. Motion to Adopt: Resolution No. 2003-01; Approval of Final Re-Plat for Marbella Townhomes. DISCUSSION: 7. Stormwater Utility. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that it a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting_ CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2002 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randeis Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk PRESENTATIONS: Holiday Beautification Award Winners Ms. Mary Jo Laws made presentations to the winners of the Beautification Board Holiday Awards. The Single Family Award was given to Joyce Soderberg of 380 Holman Road, the Multi-Family Award was given to Steve DeLashmutt on behalf of Cape Shores and the Commercial Award was given to Harriet Zbiegien on behalf of United Space Alliance. Ms. Laws displayed the new weather-resistant Holiday Award sign that will be posted in front each building for one month. Blarney 67—SR AIA Beautification Project Proposal Mr. Glenn Duffy, Chief Financial Officer for Blarney 67 thanked the Council for the opportunity to make this presentation. He introduced Attomey Bob Beals, Kathleen Burson of ParTerre Landscape Architects and Mr. Hugh Clark, Landscape Designer who were available to assist the Council with any questions. Mr. Duffy provided background on the property that faces Al A and Thurm Blvd. He stated that Blarney 67 actually owns three pieces of property that are the parking lot, the Fairvilla Megastore building and the frontage parcel. He also showed a photo of the properties current conditions. He stated that Mr. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2042 Page 2 Bob Baugher had agreed to collaborate on a sidewalk from the Fairvilla property to his property the Radisson Resort. Mr_ Duffy stated that the City's Public Works Director had requested an easement agreement in order to landscape the Al A portion. He stated that Phase I of Blarney's Proposal I would include the addition of a sidewalk as well as tap into the reclaimed water to irrigate the newly installed landscaping. He stated that Phase 11 would install an irrigation system to the median located on Thurm Blvd Mr. Duffy also stated that Blarney 67 would provide a new sidewalk, drainage structure and apply for permits with the Florida Department of Transportation Drainage and Connection Utility. He pointed out that Blarney 67 and the City would need to work together to amend the settlement agreement regarding proposed signage_ Blarney 67 would remove the two signs located on the property, the building sign and relinquish its Adopt-A-Highway program sign as well as pay for all landscape design and plantings. Mr. Duffy displayed photos of the current landscaping and a proposed landscape design. He said in return, Blarney 67 requests permission to construct a new sign in compliance with City of Cape Canaveral codes. The proposed sign is ground level, ground fit and heavily landscaped. Mr. Morgan inquired about the right-of-way setback. Mr. Duffy explained that due to the existing topography the sidewalk had to be moved back onto the property and that the owner would maintain the sidewalk if installed. Mr. Duffy replied to Council's inquiry that the sign would in fact read, Fairvilla Megastore since that is the trademark name. Mr. Duffy outlined that Blarney 67 would incur approximately $55,000 in cost for landscape and irrigation, approximately $15,000 for a sidewalk, and approximately $18 to $19,000 for drainage. The cost to implement Phase I is approximately$400,400_ All costs would be incurred by Blarney 67 contingent upon approval of the proposed sign. Mr. Duffy stated that Blarney 67's goal is attractive signage. He said that Phase II, the installation of irrigation system on the Thurm Blvd median, would precede contingent upon approval of Phase I. Mr. Duffy then asked if the Council had any further questions. Mayor Randels said that his question on who would maintain the landscaping was answered through the presentation. Mr. Treverton stated that an amendment to the settlement agreement was in order to allow for the new sign. Attorney Garganese explained that approval to a modification of the settlement would render permission for the sign only. Mayor Pro Tem Petsos inquired about the 10-foot sign height. Mr_ Clark stated that the sign is just below 9-feet. Mayor Pro Tem Petsos asked about the size of the berm. Ms. Burson responded 3-feet elevation. Ms. Burson said that the back of the sign is approximately 12 '/2-feet. Mr. Duffy stated that the sign is under code using the highest point of the sign_ Mr. Clark said that mature plant material would decrease the signs stature. Mr. Duffy responded to Mayor Pro Tem Petsos that backlighting would not do justice to the sign and he replied that foot-candle lighting measures would be established prior to going to the Community Appearance Board. Mayor Pro Tem Petsos expressed that he would like to see Mr. Baugher's participation in the project. Mr_ Morgan stated that the look of the sign has been enhanced without altering the settlement agreement. Mr. Treverton asked if any other Council member would like to see the flamingoes removed. Mayor Pro Tem Petsos said that he agreed but they would probably be removed with the proposed landscape installation. Mayor Randels stated that Blarney 67 not only agreed to City of Cape Canaveral, Florida City Council Regular Meeting December 97,2002 Page 3 improve the landscaping but also to work toward additional property improvements such as the sidewalks. Mayor Randels concluded that the consensus of the Council is that no other alterations would be made to the settlement agreement. He then polled the Council for their opinions. Mayor Pro Tem Petsos reiterated that he favored a written agreement from Mr. Baugher on a collaborative sidewalk effort. Mr. Morgan, Mr. Hoog and Mr. Treverton agreed on the proposal. Attorney Beals stated the problem of tying their proposal to Mr. Baugher's agreement in that such an action would give any adjacent landowner leverage prior to developing property. Mr. Boucher stated that the Fairvilla proposal is not included in the Florida Department of Transportation grant funding since Mr. Gardulski was under time constraints. Mr. Boucher also reminded that he had requested a vegetative screening on the western section of the property to shield the residential from the commercial area. Mr. Duffy stated that he had agreed on wax myrtles for the screening landscape. Mr. Nicholas asked if the presentation would be made a written addendum to the agreement. Mr. Duffy stated that the presentation could be made an Exhibit to the Agreement. Mr. Nicholas also inquired if a sign would replace the building sign. Mr. Duffy responded no, the building sign would not be replaced. Mr_ James Hale asked if there were a visibility issue between the proposed sign and the traffic on Thurm Blvd. Mr. Duffy stated that the sign is setback approximately 3a feet from the right-of-way. Attorney Garganese stated that as the proposal goes through the approval process a complete package for Council's approval will evolve. The consensus of the Council is for the landscaping and sign proposal to proceed to the Community Appearance Board. CONSENT AGENDA: Mayor Randels asked if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. Mr. Boucher requested to remove Item No. 2 due to information received from the City Atorney. 4. City Council Regular Meeting Minutes of December 3, 2002. A motion was made by Mayor Pro Tem Petsos and seconded by to approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randefs, For; and Mr. Treverton, For. 2. Resolution No. 2002-50; Appointing an Alternate Member to the Code Enforcement Board. (L. Holfve) Mr. Boucher said that there was a question on Mr. Holfve's U.S. citizenship since the last Council meeting. Mr. Boucher stated that Mr. Holfve is not a U.S. citizen. Attorney Garganese replied that the only requirement for a Code Enforcement Board member City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 4 under Chapter 162 is that the person be a resident of the City. Also, whenever possible a person appointed should fall under classifications of architect, engineer, general contractor, subcontractor or rea}tar. Mr. Holfve would fit under the classification of contractor. Attorney Garganese stated that the Board appointment is at the discretion of the Council. Mr. Morgan inquired about Mr. Holfve's citizenship. Attorney Garganese replied he is a citizen of Sweden. Mr. Treverton expressed that Mr. Holfve would preside in judgments over U.S. citizens. Mr. Boucher reported that Mr. Holfve is involved in the community and he would be appointed as an alternate member. Mayor Pro Tem Petsos expressed that he would like registered voters participating on the Boards. Attorney Garganese replied that Chapter 162 sets forth the sole requirements for the Code Enforcement Board, however for Boards not established by the Florida Statutes, the Council could make being a registered voter a requirement. Attorney Garganese stated that an alternate Board member could vote in the absence of regular members. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to table Resolution No. 2002-50 until further information could be obtained. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. ORDINANCES: Second.Public Hearing: 3. Motion to Adopt: Ordinance No. 18-2002; Amending Code Sections 110-46, 110-62 and 110-137; Notice Procedures for Special Exceptions and Variances. Mayor Randels read Ordinance No. 18-2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CODE SECTIONS 11046, 110-62,AND 110-137; PROVIDING FOR NOTICE TO AFFECTED PROPERTY OWNERS IN LAND USE MATTERS; ESTABLISHING PROCEDURES TO PROVIDE NOTICE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECCTIVE DATE. There was no further discussion on this ordinance. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 18-2002 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. RESOLUTIONS: 4_ Motion to Adopt: Resolution No. 2002-51; Amending the Commercial Sewer Rates, Providing fora Six-Month Evaluation Period. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 5 Mayor Randels read Resolution No. 2002-51 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE COMMERCIAL SEWER RATES, PROVIDING FOR A SIX MONTH EVALUATION PERIOD,AS PROVIDED FOR IN CHAPTER 78 UTILITIES,ARTICLE III,SECTION 78452 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels inquired about the three alternatives and if an time extension was needed. Mr. Morgan and Mr. Treverton replied that this would allow for options. Mr. Treverton expressed that in his review he considered possible alternatives on how to revise the commercial rate structure. Mr. Boucher said that he would explore options using in-house rate models. Mr. Morgan said that this affects few commercial establishments and could be done possibly without expending$16,000 for a rate study. Mayor Randels related that commercial customers pay for actual gallons and not the readiness to serve or sewer cost. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2002-51. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. DISCUSSION: 5. Adopt-A-Median Program. Mr. Boucher stated that this Agreement for the Adopt-A-Median Program came about due to an inquiry from Council at the last meeting in order for people or groups to maintain medians throughout the City. Mayor Pro Tem Petsos said that Adopt-A Road and Adopt- A-Median are two different programs in that Adopt-A-Road agreement is more detailed. Council approved Mr. Boucher's recommendation to forward the proposed agreement to the Beautification Board for review. REPORTS: 1. City Manager Mr. Boucher reported that the City Attorney Request for Proposal has been published. The bid opening is set for January e. Council will receive request packets for review at the meeting on January 70'. • Mr. Boucher stated that the stormwater utility could be placed on the Regular Meeting Agenda on January 7'". The stormwater consultant would meet with the Council at the meeting on the 7'" and if all goes well would proceed with a Town Meeting and implementation in February. • Mr. Boucher reported that the Sheriff's office is working to assist needy families in the City during the holiday season. Deputy Rogers has 30-40 families designated. Mr. Boucher announced a successful Reindeer Run with over 300 participants. He thanked Kim McIntire, Race Director and the Business and Cultural Development Board and City staff. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 6 + Mr. Boucher related that he would be on vacation from December 2e through January 2`' and the City Clerk will be in charge. 2. Staff City Clerk • No report_ City Attorney Attorney Garganese distributed a draft ordinance regarding prohibiting bonfires on the beach. 3. City Council Mr. Morgan • Mr. Morgan reported on a young man seen rifling mailboxes in the City. • Mr, Morgan inquired about the window issue. Mr. Boucher replied that he spoke to an enforcement agent with the Department of Business and Professional Regulations and no new rulings have been established. Attorney Garganese replied that he listened to the licensing industry tape and there was much discussion and disagreement by the Board members on how to proceed with this issue.Attorney Garganese re-stated his position that the industry Board did a disservice to the public in that they provided no public notice and gained no public input prior to the opinion. Mr. Hoog • Mr. Hoog expressed that the holiday landscaping throughout the City is attractive. • Mr. Hoog inquired about a Waste Management truck in the City at approximately 6:20 A.M. City Manager would take action. Mr. Treverton • Mr. Treverton expressed his favor with the holiday decorations on the City sign. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reported on the Christmas Tree Lighting program at the Library. • Mayor Pro Tern Petsos stated that he was not against Fairvilla's concept however he desired an open dialogue between Fairvilla and Mr. Baugher. Mayor Randels • Mayor Randels distributed a gift to each Council member from the Town of Indian Harbour Beach given at the Space Coast League of Cities dinner. Mayor read a poem and gave an explanation of the gift's symbolism. • Mayor Randels presented a letter of thanks from the Friends of the Library for the Public Works staffs help assembling and dismantling the tables at the annual book sale. • Mayor Randels asked if there were any consensus on accepting any further donations from Mr. Bennix. A Community Center was suggested. • Mayor Randels announced the annual citywide cleanup on Saturday, January le. City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 7 • Mayor Randels announced the Keen Brevard Beautiful I e Annual Trash Bash on April '1e and Mayor Randels inquired of the Council if there were any interest to sponsor at a cost of$300. • Mayor Randels reported that he is working on a Sister City Program with Rio De Janeiro and asked if there is any further interest to pursue this venture from the Council. Mr. Boucher asked that Mayor Randels consider what type of information exchange the program would provide between cities. • Mayor Randels inquired about the reuse status for residents that have paid but still do not have service and requested a workshop meeting to discuss this issue. • Mayor Randels asked for a way to update the status of budget goals as they are completed. AUDIENCE TO BE HEARD: Mr. Nicholas announced the VFW Children's Party at the Cape Canaveral Library on Saturday, December 21". • Mr. Nicholas asked if the City would give away the poinsettias at the end of the season. Mr. Boucher replied that the plants would last through January. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 8:59 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK E � y N� Meeting Type: Regular S' Meeting Date 01-07-03 {r l AGENDA Heading Considerations L •: ,. CITYCF Item 2 GAPE CAHAYEFUL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2002-50, APPOINTING AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD DEPT.IDIVISION: LEGISLATIVE Requested Action: Motion to appoint Lars Holfve to the Code Enforcement Board for a three-year term under the classification of contractor. Summary Explanation& Background: Council had requested fixrther information from the city attorney on City board member requirements. Exhibits Attached: Resolution No. 2002-50; City Attorney's letter dated 12-12-02; Board Application City Manager's Office Department LEGISLATIVE - cam :dem cape-nt\kim\mydocuments\admin\council\meeting\2003\01-07-03\2002-50.doc RESOLUTION NO. 2002-50 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 2-256 created a Board known as the Code Enforcement Board of the City of Cape Canaveral, Florida; and. WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 9. Lars Holfve is hereby appointed as an alternate member of the Code Enforcement Board of the City of Cape Canaveral, Florida, in the General Contractor designation, with a term to expire on October 'I, 2005. SECTION2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day Of 12003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY 11Cape-nticityclerkkCityClk\Resolutions\BOARDS\Appointments\Code Enforcement Alternate.doc BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. BrownOffices in Orlando,Kissimmee, Debra S. Babb Suzanne D'Agresta' Cocoa&Viera Jeffrey P. Buak Anthony A. Garganese° John U.Biedenharn,Jr. Gary S. Salzman* Joseph E.Blitch John H.Ward' Jennifer A. Michael Jeffrey S.Weiss Todd K.Norman _ Michelle A. Reddin Vincent E. Scarlatos December 12, 2002 — 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer Erin J.O'Leary 'Board Certified City,County&Local Government Law Of Counsel Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Legal Opinion - Membership Code Enforcement Board City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: This correspondence is in response to the request for a legal opinion regarding the qualifications required to hold a position on the Code Enforcement Board. Specifically, must members of the Board be citizens of the United States? In short, we believe the answer is no. Chapter 162, Florida Statutes, provides the sole authority for municipalities to create code enforcement boards, and further provides the qualifications for such members. There is no requirement of United States citizenship, only that members must be residents of the municipality or county for which the board serves. Section 162.05(2), rlorida Statutes (2002). We hope this response is helpful. If you have any questions regarding the same, please do not hesitate to call our offices. V my yours, Anthony A. Garganese City Attorney AAGIJPBIjd F:1Docs%City of Cape CanaverafXLegal_OpinionslBoucher_CodeEnforMembershipQual_Ltr121202.wpd 225 East Robinson Street, Suite 660•P.O.Box 2873•Orlando, Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net-Email:firm@orlandolaw.net _ 0/15/2002 20:25 3218683051 LARS MOLPVE PAGE 01 hoar,- p nnp:rnrww.WS.saac.u.UMU"VUWOAOVy.«aw. City Council I City ( Home Page City of Cape Canaveral City Board Application Please Para and Fax to Ow O lce at(321) 868-1248: Applicant Narnc:_Lars Holfve Home Telephone:-868-3086 Home Address:-350 Taylor Ave#B5 Cape Canaveral, FL 32920 Business:–Lars Holfve Constuction Consulting_______Business Telephone:_960-6086 Office Address: Same as above Brief Description of Education and Experience: I recieved a BS degree in Business Admin in Eskilstuna, Sweden in 1965 I became a State Certified General Contractor in 1980 I became a State Certified Roofing Contractor in 1982 I also bold a CAM(Community Association Manager) license I am a Past President of the Merritt Island Kiwanis Club I am a member of the Cocoa Beach Area Chamber of Comxnerce. I also chaired one of their Leads Groups. I am an Associate member of the Space Coast Condominirnn Association I am the creator and organiz"of the Hurricane Expo ( 3 years) in co-operation with the Brevard Co. Office of Emergency Management I have been successfully self employed for close to 30 years now. Are you a registered voter?Yes: No: X� Have you been a resident of the City for 12 months or longer?Yes: X—No: Do you currently hold a public office?Yes: No: X Are you presexxtly employed by the City?Yes: No: —X— At the present time, do you serve on a City Board?Yes: No:—X— At the present time do any of the following relatives of your serve on the City Council: fattier, mother, Son,daughter,brother, sister,uncle, aunt, first cousin, oephew, niece, husband, wife,grandparent, grandchild, father-in-law, mother-in-law, son-in law, daughter-in-law, brother-in-law, sister-in-law, 1 of 3 10/15/2002 9:30 PM 10/15/2002 20:25 3218663051 LARS HOLFVE PAGE 02 beardapp ilklp:rwwtir.w�.Sukc.c,.ua ay�r�+e �ap�.u►iu stepfather, steprnother, stepson, stepdaughter,stepbrother, stepsi4tef, half brother or half sister? Yes: No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse,parent, child, grandparent or sibling of the whok or half blood? Yes: No: X Please specify on which City Board you are interested in serving : (Indicate Preference, I st, 2nd, 3rd, etc.) Board ofSusin`ss Beautification Adjustment* Cultural Dcveloptuent 0 Commonity —2� I st_oode Eoformment �cea Conaoue im Board of Adjustment&Appeals• Library ;Flaming&Zoning Recreation, *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. Please list what you feel are your qualifications to serve as a member on one of the City's Boards: I have extensive business experience, most of it in the construction industry. I have been heavily involved in community service since I moved to Cape Canaveral 4 years ago. I would like to put that experience is tate service of my community. would you consider serving air another 0 card other than the one(s)you have selected on the front of this form? Yes: X_No: Applicant's S*Wture. Date: r C PLEASE NOTE: • Initial appointer to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clex•lc's Office at 868-1221. 2 of 10/1512002 4:30 Ply Meeting Type: Regular Meeting Date 01-07-03 AGENDA Heading Considerations �'•.�.ilii/iL��yH CITY OF Item 3 CAPE CANAVERAL NO. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVING TRASH BASH SPONSORSHIP DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider T-Shirt sponsorship at a cost of$300 for the 18'h Annual Trash Bash. Summary Explanation& Background: Mayor Randels.inquired of council's interest in participating at the last City Council meeting. Exhibits Attached: keep Brevard Beautiful`s letter dated 12-04-02 City Manager's Office Department LEGISLATIVE cape-nt\kim\mydocuments\admits\council\meeting\2003\01-07-03\kbb.doc AWI �A 61� December 4, 2002 �� 0� Board of Directors Rocky Randels r'vonne BixbN- City of Cape Canaveral s Ozella Bowles P.O. Box 308 Patti Buchanan Cape Canaveral, FL 32920-0308 ✓✓`` Toni Daley ,YQ� Dame Copp V Duane DeFreese Jim Delaney Dear Rocky, Richard Dingess Kathy Drane Keep Brevard Beautiful's (KBB) 18th Annual Trash Bash, held in conjunction Bill Ellis Stephen Ellis with The Great Florida Cleanup, is poised for the most successful year ever. Again Marguerita Engel this year, Publix have joined with Keep Florida Beautiful to offer marketing and Debra Fisher promotional support. Trash Bash 2003 will be held on Saturday, April 19, 2003, Virginia Gaylor George Geletko Judge Jack Griesbaum We are soliciting designs from our Brevard County High Schools for this year's Tony Hernandez 111 shirt. Trash Bash T-shirts are very popular because- Dehra Jenkins . they serve as a reminder of the day's hard work Ede Luedke • they're a eat way to continually promote a clean Brevard Martha Masiello yre y nuay Jack Masson • the designs are unique and considered a collectors' item Joe Matheny . they are used as prizes and incentives throughout the year Sherry McMaster Bill Nichols Lee Palmer We hope as an environmentally concerned business you will support Trash Bash Dan Porsi and your community by being a T-shirt sponsor. As a $300 sponsor, you will John Porter receive a corporate membership, recognition in our publications, the Rocky Randels Loren Rapport opportunity to have your company name on over 800 T-shirts to be worn Arleen Rice county wide. Your company will also receive one dozen shirts for your use. Tern•Risley The remaining shirts will be used by KBB as a fundraiser throughout the year. Leonard Sanderson,Jr. Jay Schenck Help us to promote environmental citizenship by sending your check along with a Sande Sharpe Andrea Shea-King camera ready copy of your logo by January 15, 2003 or as soon as possible. Thank Laurie Smirl you for your support. If you would like more information, please call Pat Brown at Leesa Souto the KBB office at 631-0501. John Storm Jonnie Swann William Taylor Sincerely, Mike Temple Nancy Thompson Tom tt-asdin Executive Director Larry S. Weber Larn•S. Weber Executive Director P.O. Box 2.36214 WIF wp Cocoa. FL 32923 .321-6.37-0501 KEEP51 Ftp Far 327-631-2840 eCA ul` wwx t_keepb+eeuidbeauriful,cam KEEP BREVARD BEAUTIFUL TRASH BASH 2003 ; SATURDAY, APRIL 19, 2003 T-SHIRT SPONSORSHIP Name of Business: (as you wish it to appear on t-shirts) Address: Contact Person: Phone Number: Sponsorship - $300 for 5 dozen (as a sponsor you will receive one dozen for your use) KBB will use the remaining shirts for fundraising throughout the year. Amount Enclosed: $ Please make checks payable to Keep Brevard Beautiful, and return with this form and a company logo prior to January 15, 2003. Keep Brevard Beautiful, Inc. 1620 Adamson Road Cocoa, FL 32926 321-631-0501 321-631-2840 fax tshaf n.doc 54 CE- MeetingType: Regular � Meeting Date 01-07-03 !:3 AGENDA Pleading Considerations crrY of Item 4 CAPE CANAVEGUL No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPOINTING A VOTING DELEGATE AND ALTERNATE TO THE SPACE COAST LEAGUE OF CITIES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council needs to nominate a voting delegate and alternate for 200212003. Summary Explanation & Background: Exhibits Attached: Appointment form City Manager's Office Department LEGISLATIVE cape-nt\kim\mydocuments\admin\council\meeting\2003\01-07-03\scic.doc Dec-26-02 07 :06P Space Coast League 407 636-3193 P.02 10q'06 0049, SPACE COAST LEAGUE OF CITIES CAPC CANAVLRAL IND[ALANTIC. MLL130URNT PALM KA-Y S.XTELLITE REACH R A`W COCOA INDIAN HARBOURBEACH MELBOURNE BEACH PALM SHORES TITUSVILLE Q�f of [� (;()(;(}AKACllMAL(�ABAA'R��+ ��rj� p]MFF1,RC�)1JAjNh:VILLjACCi6..��+ROC' 7'�rKLhOCr-, WE55TMLLBOURNF "CITIES Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Altemate to the League. Eligibility: Only the member municipality's elected officials, manager, attorney, clerk, and department heads are eligible to be a Voting Delegate/Director and Altemata. Any Voting Delegate/Director or Alternate who ceases to hold such a position ceases at tho same time to be a Voting Delegate/Director or Alternate, Functions: The person appointed as Voting Delegate serves as both the momber municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sola function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. * Following the appointment, the names of tho Voting Delegate/Director and the Altemata must be promptly certified in writing to the League Secretary. I * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also certify its current population figures when it certifies its Voting Delegate/Director and Aftemate. Accordingly, please provide and certify the information requested below and return this form promptly to the League Executive Secretary at the address or rax number shown at the bottom of this page. Municipality Current Population__­ Voting Delegate/Director_.___ _____Home Home Phone _T Alternate Voting Del egale/Director- Date Appointed by Governing Body__._ __, hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing information is correct. Municipal Cleric's Signature ~- Date submitted Printed Name - ��_ Space Cwm Leaeuc of Cows I I RO Box 5604.Rg Q Roctle�lgt,FL 329564).NR 0 FAX 07_1)630-5IL13 0 Tckyrhlmc{3211 f-(G 491G Meeting YPe� g T Regular {F, S Meeting Date 01-07-03 AGENDA Heading Ordinances-I"Public Hearing CITY OF CAFE CANAVERAL [tem 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2003, AMENDING THE CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 54-3 ENTITLED FIRES RESTRICTED DEPT./DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider at first reading Ordinance No. 01-2003, amending the City code by adopting anew Section 54-3,Fires Restricted. Summary Explanation & Background: Fire Chief Dave Sargeant provided information at the last council meeting. City Council had requested regulations on fires on the beach. City Manager recommends approval. Exhibits Attached: r Letter from Assistant City Attorney dated 12-12-02;Ordinance No. 01-2003 City Manager's Office Department FIRE DEPARTMENT/PUBLIC SAFETY cape-nt\kim\mydocuments\admin\council\meeting\2003\01-07-03\01-2003.doc BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. Brown • Offices in Orlando,Kissimmee, Debra S. Babb Suzanne D'Agresta- Cocoa&Viera Jeffrey P.Buak Anthony A. Garganese° John U. Biedenharn,Jr. Gary S. Salzman' Joseph E. Blitch John H.Ward' Jennifer A. Michael Jeffrey S.Weiss Todd K. Norman Michelle A. Reddin Vincent E.Scarlatos 'Board Certified Civil Trial Lawyer T 'Board Certified Business Litigation Lawyer Erin J.O'Leary 'Board Certified City,County& Local Government Law Of Counsel December 12, 2002 Bennett Boucher, City Manager City Of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance - Beach Bonfires City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Please find enclosed herewith for your review and consideration an ordinance amending the City Code regarding bonfires on the beach and in public parks within the City. We have reviewed both the NFPA 1, Fire Prevention Code, and NFPA 101, Life Safety Code, as well as the Florida Fire Prevention Code(which is essentially a combination of the above two codes) and Chapter 633 of the Florida Statutes. These codes and regulations primarily relate to buildings and structures, specifically providing minimum requirements necessary to establish a reasonable level of fire safety and property protection. Section 3-4 of the NFPA 1 is the only place these codes or regulations discuss open outdoorfires. NFPA provides local jurisdictions with the ability to permit such fires, provided such fires are at least fifty (50') feet from any structure, the fire is not abandoned, there is an ability to extinguish the fire. (Section 3-4.2 & 3-4.3, NFPA 1 , 2000 edition)Additionally, local jurisdictions further have the authority to prohibit such fires where there are atmospheric conditions or local circumstances which make such a fire hazardous. (Section 3-4.4, NFPA 1 , 2000 edition) 225 East Robinson Street,Suite 660-P.O. Box 2873-Orlando, Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144-Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net-Email:firm@orlandolaw.net Bennett Boucher, City Manager December 12, 2002 Page 2 Notwithstanding the foregoing, municipalities have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (Section 2(b), Article VIII, Florida Constitution) The Florida Attorney General has recently opined that a beach management ordinance,which among otherthings regulated open fires, was within the home rule powers of the City of Destin for the protection of the public health, safety, and welfare of its Citizens, provided however, the regulation had a "...rational relation to, and is reasonably designed to accomplish, a purpose necessary for the protection of the public." Florida Attorney General Opinion 2002-38, at 3 The proposed ordinance amends the current"beach activities"section underChapter 14, Animals, and adopts a new section in Chapter 54, Parks and Recreation. • The new code, Section 54-3 restricts fires on the beaches and public parks within the City, but leaves open the possibility that the City may wish to provide facilities or hold events where such an open fire may be desirous. • With the amendment to Chapter 14, notwithstanding the restrictions to beach fires, for the protection of sea turtles fires are prohibited during certain time frames, not only on the beach, but on adjacent private property. We believe this ordinance effectively restricts private individuals from holding a bon fire on the beach or public park, unless the City consents through the provision of facilities, but even if such facilities are provided, there shall be no fires during the nesting season of the turtles. If you have any questions please do not hesitate to call our offices. Very truly yours, ;Jeff uak, Esquire JPBIjd Enclosure: Ordinance cc: Chief David Sargeant (wlencls.) FALawyerljeffb\City of Cape Ca nave raACorrespond encelBoucher—Bea ch—Fires_Ltr121202.wpd Sent By: BROWN,WARD,SALZMAN&WEwISS,P.A. ; 407 425 9596; Dec-30-02 5:97PM; Page 2/4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING THF. CITY CODE THROUGH THE ADOPTION OF A NEW SECTION 54-3 ENTITLED FIRES RESTRICTED; PROVIDING FOR THE RESTRICTION OF FIRES ON OR OVER THE BEACHES,PUBLIC PARKS AND PUBLIC RECREATIONAL LANDS IN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art_ VTTT of the State Constinition, to exercise any power for municipal purposes, except when expressly prohibited by Taw; and WTTFRF.AS, the tranquility, and orderly and safe use of beaches and public parks, is of a prime importance to the City, its citizens and visitors; and WHEREAS, the City Council believes bonfires or other open burning on or over the beaches,and public parks would create property,public safety and environmental hazardous;and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this urdinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape; Canaveral, BE IT ORDAINED by the City Council of the City of Crape Canaveral, Brcvard County,Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein byre1rence as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral, Section 2. Code Amendment. That section 14-58 of the Code of Ordinances, Cityof Capc Canaveral,Florida,are hereby amended as follows;(under]in type indicates additions and striireeet type indicates deletions, while asterisks (* * *) indicate a. deletion from the Ordinance of text existing in section 14-5a. Tt is intended that the text in section 14-58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape caaavcral Ordinance No. Page 1 of 3 Sent By: BROWN,WARD,SALZMANBWEISS,P.A. ; 407 425 9596; Dec-30-02 5:38PM; Page 314 See. 1458. Beach activities. (a) Fires ted on,over. u on the City'sbeaghes in Chvter 54 shall be prohibited within the jurisdictional boundaries of this article when such fires are visible from the beach from 9:40 p.m. until 7:00 a.m. during the period of May 1 to October 31 of each year. Section 3. Code Adoption. That section 54-3, entitled fires restricted is hereby adopted as follows: (underlined type indicates additions to Article i, Chapter 54 of the City Code.) Sec.54-3, Oren Fires restricted. No person shall ignite or participate in igniting,an omen fire in, on or over the beaches or public parks within the City of C-dse Canaveral incl ding camp fires end bonlit�3s. NotwithstandinX the foregoing,lightin&a fire for the pumosc of cookLag is permitted provided such fire is contained wholly,within a container or devicef for se . Sec. -"41-25.Reserved. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance snail be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading inay be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section,subsection,sentence,clause,phrase,word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate,distinct and independent provision, and such holding shall not affect the validity of the remaining portions cif this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral,Florida. (Space left intentionally blank,adoption on next page.] City of Capc Canaveral Ordinance No. Page 2 of 3 Sent By: BROWN,WARD,SALZMANBWEISS,P.A. ; 407 425 9598; Dec-30-02 5:39PM; Page 414 ADOPTED by the City Council of the City of Cape Canaveral,Florida, this day of , 2003. ROCKY RAINDELS,Mayor ATTEST: For Against Jim Morgan RUZZ PeStOS SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Rob Moog Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney rm.i awpeejellh,.f irydf.2pe Cwau mihordiauex awwzict hw219Q2 wpd city cif cape Canaveral Ordinance No. Page 3 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. ; 407 425 9596; Dec-30-02 5:37PM; Page 1f4 Brown, Ward, Salzman & Weiss, P.A. Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, Florida 32802-2873 (407)425-9866 (437)425-9596 fax e-mail address: firm@orlandolaw.net Date: December 30, 2002 To: Susan Stills, City Clerk Fax: 321-868-1248 From: Anthony A. Garganese Pages (including this one): 4 File: 513-001 Subject: Bonfires Ordinance If there are any questions regarding this fax, please call 4071425-9566. Thit facsimile message is attomeytcitent privileged material and Is,accordingly,canfidentiat. This message is intended only for the Individual or entity named above. If the receiverof thig me4sage is not the intended recipient.please be advised that any diysernination, distribution,or copying of this tommunication Is strictly prohibited. if you have received this communication in error.please notify us by telephone immediately and return the odgimal message to either above address via the U.S.Mail. Thank you. COMMENTS: Meeting Type: Regular 54 CE- Meeting Date 01-07-03 rR T- r AGENDA rr - > � Heath°g Resolutions CFfY aF {tem 6 GAPE CAUVERAt. No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTIONS NO. 2003-01, APPROVAL OF FINAL REPLAT FOR MARBELLA TOWNIIOMES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of the final replat of Marbella Townhomes as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning&Zoning Board on 12-11-02 recommended approval of this final replat ofMarbella Townhomes. City Manager recommends approval. Exhibits Attached: Resolution No. 2003-01, P&Z Board memo dated 12-16-02;Plat map distributed in council's mailboxes City Manager's Office Department LEGISLATIVE cape-ut\kim\mydocuments\admin\council\meeting\2003\01-07-03\2003-01.doc RESOLUTION NO. 2003-01 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINALRE- PLAT OF "MARBELLA TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Louis R. Suarez, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Re-Plat for Marbella Townhomes— Section 23, Township 24 South, Range 37 East, Brevard County, Florida is hereby approved. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 12003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoag Susan Stills, CITY CLERIC Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY 11Cape-ntlcityclerklCityciktResolutionstPLATStFINAI_120a31Marbella Townhomes.doc {�4XCE q � s y° City of Cape Canaveral CITY OF CAPE CANAVERAL Date: December 16, 2002 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board v Re: Marbella Townhomes Final Replat ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on December 11, 2002 the Board members, by unanimous vote, recommended approval of the above referenced final replat. Thank-you for your consideration. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX(321) 799-3170 • www.fcn.state.fl.uslcape e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular MeetingDate 01-07-03 AGENDA Heading Discussion :.z CrrY OF item 7 CAPE CANAVERAL No, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STORMWATER UTILITY DEPT.IDIVISION: PUBLIC WORKS Requested Action: City Council consensus on a rate model, billing method, and information flyer. Summary Explanation & Background: Exhibits Attached: Stormwater Utility 'Fact Sheet; Stormwater Utility Information Pamphlet; Proposed Resolution; Proposed Ordinance;Mitigation Credit Policy;Appendix-State Water Policy City Manager's Office Department PUBLIC WORKS �EJp—. �Cti✓� cape-nt\kim\mydocuments\admin\council\meeting\2003\01-07-03\stormwater.doc City of Cape Canaveral Stormwater Utility Fact Sheet Summary of Rate Model The base equivalent residential unit (ERU) has been defined as a residential condominium parcel. The residential condominium parcel was chosen, as they constitute approximately 59 percent of the total 6,161 Tax Parcels located within the City. The average impervious area associated with a residential condominium unit is 2,074 square feet. Therefore, an ERU is defined as 2,074 square feet of impervious service. The various rate class used for the stormwater utility are defined in Table 1, Table 1 - Stormwater Utility Rate Classes Rate Class Definition Residential Condominium Units 1.0 ERU Single Family Parcels 1.0 FRU Mobile Home Parcels 0.5 ERU Trailer Park Parcels 0.79 * 4 Units =ERU General Parcels (Commercial etc.) Site Izn ervious Area 12,074 SF =ERU Mitigation Credits The St. Johns River Water Management District criteria were reviewed with respect to water quality (pollution abatement), rate (attenuation of flow) and quantity (additional retention requirements). These data were then used to define standard mitigation credits for developments occurring within specified time periods. Table 2 summaries the recommended mitigation rates. Table 2 - Standard Mitigation Rates Year Quality Rate Quantity Administration Total 3S°o 15% 35% 15% Mitigation 1981-2003 80 76 20 0 46.4 1979-1981 80 0 0 0 28 Prior tol979 0 0 0 0 0 Estimated Stormwater Utility Fees Table 3 summarizes potential annual stormwater utility fees to be collected by the City. Table 3— Stormwater Utility Fee Projected Annual Revenues 4 of ERU # of ERU Revenue Revenue Revenue (unmitigated) (mitigated) ($3/ERU/month) ($4/ERU/month ($5/ERU/month 10,096 8;020 $288,720 $384,960 $481,200 i 0 c� � 'r3 OOZ 1-898 NZO 066Z£ 1j 'loaanoLaa) adoD 9Z£xog•0•d 4um oda0 sjjoM)ilgnd IMAM) ado? 10 A4!) � M Z _O Sr L A � Y Z oR � It o �° Ux •- w 0 sn v Eli p cqc�' ) O V 0. W Li U U t= any.. v � ^~ � y � �' � y •�" � 1�--' �+ '� ,� ay+ � � ~¢ +�-I Q '`� � U ❑ .5 G � •� y Y � r J +r"-, � c `j �-Ir may.. y G F. �-I � G G � � '•''" a-'� A U � y .,) � � cG �+ �; y .^. V : y^✓, U •� �,J 6R Y c� CO� .r N n N U �. O y C O O 'b O '' L y y U p U O y� 5 U y72 tl 4 ' CC Q-I c� �Ii •'"3 c�C G y y' y r,� ~ J .0 U L y U'; C bp S C A cC bb v Y r .�.. 'JJ 'L3 ��., .�'ro- �. Y -✓� _. 'G +'",� Oj" :-+ „��-' +=' `�' ^ m o G v rn fG, 'J 45 `T. y � � C� aG-. G W � � .J � U � � � � � � � sp. '� J-, y N 0 � ',n •'G.. '-' tY' � � C ..G rr OA' ? •� y U i �. ��^ ed cG ll n y �. QJ r. .y. O cr GL +y+ n aU-' y U mQJ ["GG' -. ^�" Y V i'�•. [�'3 �' U N �.1 4J .'y-ICSC ' G r cz ti c� cY5 .� U O O O j 5 G 4 p i� G G v ccS � O I yjj- cln v O r O yy r f O y O v Z C R T U a y y � G n ❑y t.0 CC cl � p Y y. � cn � ti y y � '!] W ,� v '~ y � L `'"_` 'G '� `-� '� ?� C •��. cUJ • J ? n v 'C C 3 G cnj d ' c� y-J C/]IJ Q. Ok c� �' O O 'O' CA r v y .�'. •p OL"' bJl y !+.. '+ .,O -C i �_ J J C ..G L y s.r � .� OVA O cC � ^�' i Y ',n, � '-, �" y � G � ❑ ,''„ � !C C7, G � ..� n ✓ y �J .w rJ � G i.. C QJ j :> ^G j QI -- >-. �O-I � � � SCG y ^� L�.i � � '� ,•� O "� '� .i-` � P. W cG �, _ O Tr. C. �^r fl .0 00 -✓ ,� ,.G v, ++ 4� •,..��..� 4/ vi v"• t--I bfJ Q 11 �' "G 7) p RS 7J ,f��' [t' +.� GC y, 73 .� y U L. y y "(. :� Iti GYi p �•; R: 'w U' U " T v 'a y �' • • • • �"+ QJ «Y�-I W 4 �..•'�" rv.i I-~-I I-=, iy. C/' U 1 ai G cY 'J G y :J •U '"a U C y 3v bob y tI CD .J Qr ^�-+ � � y ^G ."'y .G. O � �-•+ -G G-' :r ,..� �C ^.---' � G � � •`C�' � ok Q ✓ e�cd rw s�.i � �.--. r3' v y � � ¢ O .� y bfJ � � p 'ti ,bA cC � Sr• C/] .� � ,r1. y C �� .� > y RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING EQUIVALENT RESIDENTIAL UNIT, ERU RATE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral adopted ordinance No. xxxx, which places upon the City Council the obligation to establish by Resolution the Equivalent Residential Unit, which means the average Impervious Area of Residential Property per Dwelling Unit located within the City, and the ERU Rate, which means the Stormwater Utility Fee charged on each ERU; and WHEREAS, the City Manager has recommended rates as set forth herein based upon a study being the Final Draft of Stormwater Management Utility Evaluation, City of Cape Canaveral, Florida, December 20021 compiled by Berryman & Henigar Inc., with additional input by City staff; and WHEREAS, the City Council has evaluated the study and recommendations and has determined that the fees set forth herein below are reasonable and necessary and are in accordance with the provisions of Ordinance No. xxxx; and WHEREAS, the City Council has determined it to be appropriate to implement the rates set forth herein as of the effective date of this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS; SECTION 1. ERU Established. The Equivalent Residential Unit is hereby established to be 2,074 square feet of impervious area. SECTION 2. ERU Rate Established. The ERU Rate to be charged for stormwater management Utility fees for each ERU is hereby established to be a month. SECTION 3. Effective Date. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cape Canaveral, Florida, this day of , 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY ORDINANCE NO.XXXX AN ORDINANCE AMENDING THE CODE OF CITY OF rAPF CANAVERAL. FLORIDA PROVIDING FOR A STORMWATER UTILITY SYSTEM; PROVIDING FINDINGS. DETERMINATIONS AND POWERS: PROVIDING DEFINITIONS AND CONSTRUCTION; PROVIDING FOR OPERATING BUDGET: PROVIDING FOR STORMWATER UTILITY FEE; PROVIDING FOR BILLING AND COLLECTION OF UTILITY FEE: PROVIDING FOR PROGRAM RESPONSIBILITY; PROVIDING FOR STORMWTAER UTILITY ENTERPRISE FUND: PROVIDING FOR PARTIAL INVALIDITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES: PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO CODE: PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 14, Florida Constitution (1998), and Chanter 403. Florida Statutes. as amended. the Citv Council of Cave Canaveral. Florida, has all powers of local government to perform city functions and to render city services in a manner not inconsistent with aeneral or special law. and such power may be exercised by the enactment of city ordinances; and WHEREAS, the Federal Clean Water Act, 33 U.S.C. 1251 et seq., requires certain political entities such as the City, to implement stormwater management programs within prescribed timeframes; and WHEREAS, pursuant to the Federal Clean Water Act, 33 U.S.C. 1251 et seq., the United States Environmental Protection Agency has published proposed rales for stormwater outfall permits; and WHEREAS, the City of Cape Canaveral is responsible for the ownership, maintenance and expansion of the existing stormwater system which has been developed over a number of years for the purpose of collecting and disposing of stormwater; and WHEREAS, Section 373.413, Florida Statutes, mandates that the City of Cape Canaveral develop a stormwater management program which is mutually compatible with those developed by the Florida Department of Environmental Protection, St. Johns River Water Management District, and other local governmental entities; and WHEREAS, the State of Florida has adopted stormwater management legislation which encourages proper manaaement of stormwater runoff and water auality: and 1 WHEREAS, the City of Cape Canaveral, Florida, desires to develop a City stormwater management program, to be responsible for the operation, construction, and maintenance of stormwater devices; for stormwater, system planning, for review of development plans for compliance with stormwater management codes; and for lake and river quality management; and WHEREAS, Section 373.413, Florida Statutes, authorizes the City of Cape Canaveral to create one or more stormwater utilities and adopt stormwater utility fees or assessments sufficient to plan, construct, operate and maintain stormwater management systems throughout the City and to establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate and maintain stormwater management systems throughout the City; and WHEREAS, Section 298, Florida Statutes, further provides that the fees to be assessed within stormwater management system benefit areas and sub-areas shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems; and WHEREAS, the cost of operating and maintaining all stormwater management systems, and the financing of existing and future necessary repairs, replacement, improvements, and extensions thereof, should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received there from; and WHEREAS, the City of Cape Canaveral has determined that the adoption of this ordinance, and the creation of a stormwater management program, under the terms, conditions, and criteria set forth hereunder, is necessary to protect the health, safety and welfare of the citizens, residents, and inhabitants of the City of Cape Canaveral. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. Creation of Stormwater Drainage Utility. Pursuant to the home rule power of Article VII, Section 14, Florida Constitution, and Chapter 403, Florida Statutes, and the powers granted in the Charter of the City of Cape Canaveral, the Cape Canaveral City Council does hereby establish a stormwater drainage utility and declare its intention to be responsible for the operation, construction, maintenance and repair of stormwater facilities; for stormwater system planning and for lake and river water quality management. SECTION 2. Findin s Determinations and Powers. It is hereby found, determined, and declared that those elements of the system which provide for the collection, treatment and disposal of stormwater and regulation of groundwater are of benefit and provide services to all property within the incorporated city limits, including property not presently served by the storm elements of the system. The beneficiaries of the system include all real properties within the City of Cape Canaveral which benefit by the provision, operation and improvement of the system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions, and improvement to the water quality in the storm and surface water system and its receiving waters. The utility, under the direction of the Director thereof, shall have the power to: 1. Prepare regulations as needed to implement this Ordinance, and forward the same to the City Council for consideration and adoption, and adopt such procedures as are required to implement said regulations or carry out other responsibilities of the Utility; 2. Administer the acquisition, design, construction, maintenance, and operation of the Utility System, including capital improvements designated in the comprehensive drainage plan; 3. Administer and enforce this Ordinance and all requlations and procedures adopted relating to the design, construction, maintenance, operation of the Utility System including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby; 4. Inspect private systems as necessary to determine the compliance of such systems with this ordinance and any regulations adopted under this Ordinance; 5. Advise the City Council, City Manager and other city departments on matters relating to the Utility, 6. Prepare and revise a comprehensive drainage plan for adoption by the City Council periodically, 7. Review plans, approve or deny, inspect and accept extensions to the system. S. Establish and enforce regulations to protect and maintain water quality within the system in compliance with water quality standards established by state, regional and/or federal agencies as now adopted or hereafter amended. 9. Analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the Utility annually. SECTION 3. Definitions and Construction For the purpose of this Ordinance, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in z the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The words "hereof," hereby," "herein," "hereto," hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. Words not defined herein shall be construed to have the meaning given them by common and ordinary use as defined in the latest edition of Webster's Dictionary. "Council" means the City Council of the City of Cape Canaveral, Florida. "Condominium" means a condominium created by a declaration of condominium, pursuant to Chapter 718 , Florida Statutes. "Condominium Residential Unit Parcel" means a Tax Parcel of Developed Property constituting a Condominium "unit" to which the Property Appraiser has assigned a DOR Code of 0135, 0351, 0352, 0414, 0421, 0430, 0465, 0834, 0839 2020 or as defined by the City Manager. "City" means City of Cape Canaveral, a political subdivision of the State of Florida. "Developed Property" means any Tax Parcel that includes Impervious Area. "DOR Code" means a property use code established in Rule 12D-8.009, Florida Administrative Code, as applied by the Property Appraiser. "ERU" means "equivalent residential unit," the standard unit to be used in calculating the Stormwater burden expected to be generated by the Impervious Area of Developed Property, after taking into consideration any mitigation of the Stormwater burden that results from privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff. "ERU Value" means the Impervious Area for a typical Residential Condominium Parcel within the Stormwater Service Area. Based upon a median Impervious Area derived from a statistically valid sample of Residential Condominium Parcels, the City has computed an "ERU Value" of 2,074 square feet, which shall be used to calculate the number of ERUs attributable to each Tax Parcel. "Exempt Property" means public rights-of-way, public streets, public alleys and public sidewalks, public parks and conservations areas and easement. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by laws as the fiscal year for the County. a "General Parcel" means a Tax Parcel of Developed Property that is not a Residential Condominium Unit Parcel, Single Family Parcel, Mobile Home Parcel or a Trailer Park Parcel. "Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Impervious Area" means hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development. "Single Family Parcel" means a Single Family Parcel with an Impervious Area between 1,000 square feet and 4,000 square feet, inclusive. Property constituting a Single Family Parcel includes property to which the Property Appraiser has assigned a DOR Code of 0100, 0110, 0119, 0130, 0140, 0194, 0195, 0196, 0200, 0210, 0220, 0819, 0820, 0830, 0840, 0850 or as defined by the City Manager. "Mitigation Credit" means, for any Tax Parcel of Developed Property, a number between 0.0 and 1.0 representing a reduction in the Stormwater burden expected to be generated by such Tax Parcel attributable to privately maintained Stormwater management facilities. The "Mitigation Credit" for each Tax Parcel shall be determined in accordance with Section 3.06 hereof. "Mitigation Credit Factor" means the figure computed by subtracting the Mitigation Credit from 1.00 "Mitigation Credit Policy" means the City of Cape Canaveral Stormwater Utility Mitigation Credit Policy attached hereto as Appendix A. "Property Appraiser" means the Property Appraiser for Brevard County, Florida. "State" means the Sate of Florida "Stormwater" means the flow of water which results from, and which occurs immediately following, a rainfall event. "Stormwater Fee" means a monthly utility fee imposed upon each benefited user in the Stormwater Service Area to fund Stormwater Management Services. 5 "Stormwater Utility Roll " means the fee roll relating to the Stormwater Utility Fee. "Stormwater Management Services" means (A) management and administration of the City's Stormwater management program; (B) Stormwater program engineering; (C) basin planning, including capital improvement plan development; (D) operating and maintaining the City's capital facilities for Stormwater management, including extraordinary maintenance; (E) billing and collection of Stormwater Assessments, including customer information services and reserves for available statutory payment discounts and (F) legal, engineering and other consultant services. "Stormwater Service Cost" means the estimated amount for any Fiscal Year of all expenditures and reasonable reserves that are properly attributable to Stormwater Management Services provided within the Stormwater Service Area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any moneys advanced for Stormwater Management Services, and interest on any interfund or intrafund loan for such a purpose. "Stormwater Utility" means the entity established by the Ordinance to implement the Stormwater management program of the City. "Stormwater Utility Director" means the City's Public Works Director or such person's designee. "Stormwater Service Area" means all property within the City. "Tax Parcel" means a parcel of property, other than Government Property, to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. SECTION 4. Operating Budget. The City shall adopt an Operating Budget not later than the first day of each Fiscal Year. The operating Budget shall set forth for such Fiscal Year the estimated Revenues and the estimated costs for Operations and Maintenance Extension and Replacement and Debt Service. The initial Operating Budget shall be for the Fiscal Year commencing 2003. 6 SECTION 5. Stormwater Fee Section 5.011 FEE ESTABLISHED. Subject to the provisions of this ordinance, there is hereby imposed on each and every developed property, other than Exempt Property, and the owners and non-owners thereof, a stormwater utility fee. In the event the owner and non-owner users of a particular developed property are not the same, the liability for each owner and non-owner users for the Utility Fee attributable to the developed property shall be joint and several. The Utility Fee shall be a monthly or annual service charge and shall be determined by the provisions of this Section and the ERU and ERU Rate which shall be established and changed from time to time by Resolution adopted by the Cape Canaveral City Council. Section 5.02 COMPUTATION. The Stormwater Fee will be computed for each Water Utility User located within the Stormwater Service Area by multiplying the number of ERUs attributable thereto by $XX.00, provided however that the $XX.00 rate per ERU shall be reduced, if necessary, to ensure that the aggregate Stormwater Fees within the Stormwater Service Area do not exceed the Stormwater Service Cost. Section 5.03. STORMWATER FEE ROLL. The Stormwater Utility Director is hereby directed to prepare, or direct the preparation of, the preliminary Stormwater Fee Roll in the manner provided in the Ordinance. A copy of this Resolution and the preliminary Stormwater Fee Roll shall be maintained on file in the office of the Stormwater Utility Director and open to public inspection. The foregoing shall not be construed to require that the Stormwater Fee Roll be in printed form if the amount of the Stormwater Fee for each Tax Parcel can be determined by use of an available computer terminal. Section 5.04 METHOD OF COLLECTION. The Utility Fee for metered property shall be billed and collected monthly with the monthly utility bill for those properties utilizing City utilities; and billed and collected separately as stormwater drainage utility fees for those properties not utilizing other City utilities. All such bills for Utility Fees shall be rendered monthly by the finance department or its designee. The Utility Fee for those properties utilizing City utilities is part of a consolidated statement for utility customers which is generally paid by a single payment. In the event that a partial payment is received, the payment shall be applied pro-rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts. The Utility Fee for unmetered property shall be billed annually. All bills for Utility Fees shall become due and payable in accordance with rules and regulations of the finance department pertaining to the collection of the Utility Fees. Utility Fees shall be subject to a 5% per month, not to exceed 25%, late fee. The City shall be entitled to recover attorney's fees in collecting delinquent Utility Fees. Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the City of Cape Canaveral. In addition to any other remedies or penalties provided by this or any other ordinance of the City of Cape Canaveral, failure of any user of City utilities within the City to pay said charges promptly when due shall subject such user to discontinuance of utility services and the City Manager of the City, or the City Manager's designee, is hereby empowered and directed to enforce this provision as to any and all delinquent users. The employees of the City shall, at all reasonable times, have access to any premises served by the City for inspection, repair or the enforcement of the provisions of this ordinance. All Utility Fees assessed pursuant to this Ordinance shall be a lien upon the property to which such fee is associated from the date said fee becomes due until such fee is paid. The owner of every building, premise, lot, or house shall be obligated to pay the fee for all service provided for his premise, which obligation may be enforced by the City by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the City shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or building shall pay said charges, it shall relieve the land owner from such obligation and lien; but the City shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this ordinance, and the failure of any owner to learn that he purchased property against which a lien for Utility Fees exists shall in no way affect his responsibility for such payment. Section 5.05APPEAL OF DWELLING UNIT AND IMPERVIOUS SURFACE CALCULATION. Any person disagreeing with the calculation of the Stormwater Utility Fee, as provided in the Section, may appeal such determination to the Director. Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing Dwelling Units, total property area, Impervious Area or Non- residential Developed Area, as appropriate. The Director may request additional information from the appealing party. Based upon the information provided by the Utility and appealing party, the Director shall make a final calculation of the Stormwater Utility Fee. The Director shall notify the parties, in writing, of the Director's decision. If still dissatisfied, a party may request, in writing, a review by the City Manager of the Directors decision. Such request may cite specific error by the Director and the calculation which the party feels is correct. The City Manager shall review the record presented and render a written decision as soon as practical. The City Manager may request additional information from either party. If still dissatisfied, a party may appeal the City Manager's decision to the City Council in the same manner as preceding. The decision of the City Council shall be final. 8 SECTION 6. DETERMINATION OF ERUs Section 6.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel located within the Stormwater Service Area shall be assigned to one of the following classifications: Residential Condominium Parcels , Single-Family Parcels; Mobile Home Parcels, Trail Park Parcels or General Parcels. Section 6.02. RESIDENTIAL CONDOMINIUM PARCELS. (A) The Council hereby finds and determines as follows: (1) A Residential Condominium constitutes a unique form of real property ownership comprised of Condominium Residential Unit Parcels, to which there may be an appurtenant undivided share in Condominium Common Area Parcels. (2) It is fair and reasonable to attribute the Impervious Area of Condominium Common Area Parcels to the Condominium Residential Unit Parcels to which such Condominium Common Area Parcels are appurtenant. (3) Residential Condominium Parcels constitute 59 percent of all parcels located within the Stormwater Service Area and represent the standard size, single- family residence within the Stormwater Service Area. (4) Since Residential Condominium Parcels constitute approximately 59 percent of the total 6,161 Tax Parcels located within the Stormwater Service area, the cost of measuring or verifying the Impervious Area for each individual Residential Condominium greatly exceeds any benefit to be derived from individual measurement or verification. Residential Condominium Parcels constitute a reasonable classification of property for purposes of the Stormwater Fees. (5) Since the ERU Value falls within the range of Residential Condominium Parcels, it is fair and reasonable to assign one ERU to each Residential Condominium Parcel. (6) Due to the large number of Residential Condominium Parcels, it is fair and reasonable to determine the Mitigation Credit Factor for Residential Condominium Parcels without considering, for each Tax Parcel, the percentage of Impervious Area that is directly connected to the City's Stormwater management system. (6) The number of ERUs attributable to each Residential Condominium Parcel shall be determined as follows: (1) The number of ERUs attributable to each Residential Condominium Parcel shall be determined by multiplying one ERU by the appropriate Mitigation Credit Factor. In determining the Mitigation Credit Factor for Residential Condominium Parcels, the percentage of Impervious Area that is directly connected to the City's Stormwater management system shall not be taken into consideration. 9 Section 6.03. SINGLE-FAMILY PARCELS. (A) The Council hereby finds and determines as follows: (1) Single-Family Residence Parcels constitute 6.5 percent of all Parcels located with the Stormwater Service Area. (2) Since the Impervious Area has not been measured or verified for each Residential Condominium Parcel and since Stormwater Fees for Residential Condominium Parcels will be computed by assigning a uniform number of ERUs to all Residential Condominium Parcels, it is fair and reasonable to compute Stormwater Fees for comparably sized Single-Family Parcels by reference to Residential Condominium Parcels (3) Since the ERU Value falls within the range of Residential Condominium Parcels, it is fair and reasonable to assign one ERU to each Single-Family Parcel. (4) To maintain consistency with the method of determining the Mitigation Credit Factors for Residential Condominium Parcels, it is fair and reasonable to determine the Mitigation Credit Factor for Single Family Parcels without considering, for each Tax Parcel, the percentage of Impervious Area that is directly connected to the City's Stormwater management system. Section 6.04. MOBILE HOME PARCELS. (A) The Council hereby finds and determines as follows: (1) Mobile Home Parcels constitute less than 1 percent of the Parcels within the Stormwater Service Area. Due to the relatively small amount of Impervious Area, the cost of measuring or verifying the Impervious Area for each individual Mobile Home Parcel greatly exceeds any benefit to be derived from individual measurement or verification. Mobile Home Parcels constitute a reasonable classification of property of purposes of the Stormwater Fees. (2) Since the average Mobile Home Parcel includes Impervious Area that approximates one-half of the ERU Value, it is fair and reasonable to assign one-half ERU to each Mobile Home Parcel. (B) The number of ERUs attributable to each Mobile Home Parcel shall be determined as follows: (1) The number of ERUs attributable to each Mobile Home Parcel shall be determined by multiplying one-half ERU by the Appropriate Mitigation Credit Factor. In determining the Mitigation Credit Factor for Mobile Home Parcels, the percentage of Impervious Area that is directly connected to the City's Stormwater management system shall not be taken into consideration. 10 Section 6.05. TRAILER PARK PARCELS. (A) The Council hereby finds and determines as follows: (1) Due to the relatively small amount of Impervious Area associated with mobile homes in trailer parks, the cost of measuring or verifying the Impervious Area for each individual mobile home greatly exceeds any benefit to be derived from individual measurement or verification, Trailer Park Parcels constitute a reasonable classification of property for purposes of the Stormwater Fees. (2) Since the average Mobile Home includes Impervious Area that approximates one-half of the ERU Value, it is fair and reasonable to assign one-half ERU to each Mobile Home. (3) Since the roads within trailer parks are owned and maintained by the trailer park, it is fair and reasonable to include this impervious area in the calculation of the ERU Value. Since the average mobile home lot width is 50-feet and the average width of one lane of street is 12 feet, it is reasonable to add 600 square feet to each mobile home within a trailer park. Therefore, it is fair and reasonable to assign 0.29 ERU to the roadway section associated with each mobile home. (B) The number of ERUs attributable to each Trailer Park Parcel shall be determined as follows.- (1) ollows:(1) The number of ERUs attributable to each Trailer Park Parcel shall be determined my multiplying 0.79 ERU by the number of mobile home units within the trailer park. This result shall then be multiplied by the Appropriate Mitigation Credit Factor. In determining the Mitigation Credit Factor for Mobile Home Parcels, the percentage of Impervious Area that is directly connected to the City's Stormwater management system shall not be taken into consideration. Section 6.06. GENERAL PARCELS. The number of ERUs attributable to each General Parcel shall be determined by (1) dividing the Impervious Area of the General Parcel by the ERU Value (2,074 square feet), and (2) multiplying the result by the appropriate Mitigation Credit Factor. In determining the Mitigation Credit Factor for General Parcels, the percentage of impervious Area that is directly connected to the City's Stormwater management system shall be taken into consideration. Section 6.07. APPROVAL OF MITIGATION POLICY. The Council hereby approves the Mitigation Credit Policy attached hereto as Appendix A. ll Section 6.08. PRIVATE STORMWATER MANAGEMENT FACILITIES. (A) The Council recognizes the benefits provided by privately maintained Stormwater management facilities. Properties supporting private Stormwater management facilities should be credited for the public benefit they provide. Accordingly, the number of ERUs otherwise attributable to such property shall be adjusted by a Mitigation Credit determined in accordance with the Mitigation Credit Policy. (B) In order to receive a Mitigation Credit for which property is eligible, a property owner may be required to provide the Stormwater Utility Director with "as built" drawings of the Stormwater management facility sealed by a Florida-registered professional engineer, a certification from a Florida-registered professional engineer as to the standards of retention and detention achieved by the facility, and such other reasonable requirements as may be necessary to effectuate the purposes of this Section 6.07. (C) No Mitigation Credit shall be applied for service provided to property by a Stormwater management facility constructed or maintained with public funds. However, a Mitigation Credit shall be applied for service provided to property by a regional stormwater management facility if the developer of the property prodded a Capitall contribution tv U i r0.givi�C�il f�iar,.ility in li�u �f i,Wl I L i.{ciii i'�V on-site facilities. SECTION 7. Prouram Responsibility. It shall be the duty of the Department of Utilities/Public Works to administer the Stormwater Management Utility. The Department shall keep an accurate record of all persons using the services and facilities of said Stormwater Management System of the City and to make changes in accordance with the rates and changes established in this ordinance. SECTION 8. Stormwater Management Utility Enterprise Fund. 1. All stormwater drainage Utility Fees collected by the City shall be paid into an enterprise fund which is hereby created, to be known as the "Stormwater Management Fund"_ Such fund shall be used for the purpose of paying the costs of operation, administration and maintenance of the stormwater drainage facilities of the City and to carry out all other purposes of the Utility_ To the extent that the stormwater management Utility Fees collected are insufficient to construct the needed stormwater drainage facilities, the cost of the same may be paid from such City fund as may be determined by the City Council, but the City Council may order the reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be invested to return the highest yield consistent with proper safeguards. 12 2. The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely for the purposes stated in paragraph 1 of this Section. SECTION 9. Ordinance Components. Should any part of the Ordinance be declared invalid by a court of competent jurisdiction, the remaining portions hereof shall not be affected and shall remain in full force and effect. SECTION 10. Conflicts. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of any conflict. SECTION 11. Severability. In the event that any portion or section of the Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full force and effect. SECTION 12. Incorporation into Code. This Ordinance shall be incorporated into the Cape Canaveral Code and any section or paragraph number or letter and any headings may be changed or modified as necessary or desirable to effectuate the foregoing. SECTION 13. Effective Date This Ordinance shall take effect immediately upon its adoption by the Cape Canaveral Council provided, however, imposition of the Utility Fee under this Ordinance shall be deferred until such time as the City's Finance Department is prepared to issue bills for the same. 13 ADOPTED at a regular meeting of the City Council of the City of Cape Canaveral, Florida, this day of , 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Ricard T;eve,ion Anthony Garganese, CITY ATTORNEY 15t Reading: 2"d Reading: 14 CITY OF CAPE CANAVERAL STORM WATER UTILITY MITIGATION CREDIT POLICY Draft Report December 2002 re erred or: City of Cape Canaveral 105 Poly Avenue Cape Canaveral, Florida 32920 (321) 868-1230 prepared by: Berryman & Henigar, Inc. 1221 West Colonial Drive Orlando, Florida 32804 (407) 426-8994 BHI Ref. No. 91293.00 City of Cape Canaveral Stormwater Utility Mitigation Credit Policy TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 1 2.0 MITIGATION FACTOR COMPONENTS ......................................................................... 1 2.1 Weighting Factors....................................................................................... 1 2.2 Quality ... .................................................................................................. 1 2.3 Rate ................................................................................................ 2 2.4 Quantity .......................................... .......................................................... 2 2.5 Administration ........................................... ....................................... 2 3.0 APPLICATION OF MITIGATION FACTORS..................................................................... 3 LIST OF TABLES TABLE 1 ...............Quality Mitigation Curve Development TABi.,E 2 ...............Rate Mitigation Curve Development TABLE 3 ...............Quantity Mitigation Curve Development TABLE 4 ...............Standard Mitigation Rates LIST OF FIGURES FIGURE I................................Quality Mitigation Curve FIGURES 2..............................Rate Mitigation Curve FiGtlut:s 3..............................Quantity Mitigation Curve APPENDICES APPENDIx A...............State Water Policy i City of Cape Canaveral Stormwater Utility Mitigation Credit Policy 1.0 INTRODUCTION Berryman&Henigar, Inc. and the City of Cape Canaveral have determined stormwater mitigation credits can be divided into three distinct components. These components are Quality,Peak Rate and Quantity (Volume). Quality refers to acts such as storing the first inch of runoff and other activities that enhance water quality. Rate is associated with the teak flow of stormwater off-site. Quantity refers to the volume of stormwater runoff stored on-site_ These three categories will be used for mitigation purposes. Each of these three components may have a different weighting depending on the stormwater goals in each basin and parcel land use. This percent should be set by the City Council, based on recommendations form City Staff and Berryman& Henigar. 2.0 MrrTGATION FACTOR COMPONENTS 2.1 Weighting Factors This policy recommends a higher priority be given to the Quality and Quantity aspects than to the Rate aspect. These percentages may vary in the future as needed to achieve the City's objectives. The recommended weighting factors are 35%for Quality, 15%for Rate and 35%for Quantity. Quality and Quantity receive a heavier weighting than Rate since the added impervious area and pollutant loadings associated with development significantly impact these parameters. The Rate aspect is weighted lower as Cape Canaveral is a coastal community with fewer rate related problems and due to the fact the rate criteria only slow the flow of water,but the imperviousness added by development increases the runoff volume discharged off-site. The remaining 15% of the stormwater utility fee is associated with administration of the stormwater utility. 2.2 Quality The Quality reduction is based on Chapter 62-40.432, State Water Policy as found in Appendix A. This rule states in Section 62-40.432.5.a.1 that new stormwater management systems shall be designed to achieve at least 80 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards. The Quality mitigation curve, developed by Dr. M. Wanielista at the University of Central Florida and adapted by Berryman&Henigar,in Figure 1 and Table 1, identifies one inch (1") of storage over the site as equivalent to an 80% reduction in annual I City of Cape Canaveral Stormwater Utility Mitigation Credit Policy pollutants. This is true as storm event less than one-inch amount to 80% of the annual rainfall volume and 90% of the annual rainfall events. 2.2 Rate The Rate aspect is based on the amount of attenuation provided. The maximum credit of 100%will be received if the 100-year, 24-hour storm event is attenuated. If smaller storms are attenuated, Figure 2 will be used to compute the reduction. The Rate mitigation credit is based on the attenuation volume in a pond beyond that which is required for water quality. Table 2 summarizes the curve development. The storage volume necessary to attenuate a given storm event,beyond that required for water quality,was computed. If the pond is designed to accommodate a 100-year storm event,full credit is received. Smaller storm events can be attenuated using smaller pond volumes. Therefore,the rate mitigation factors are computed based on the relative pond sizes needed for attenuating the various stormed events, such as the ]0-year and 25-year storms, versus the pond size, which would be needed to attenuate the 100-year storm. 2.3 Quantity Quantity mitigation refers to the volume of storage on site. This credit is given based on the storage provided by storm water devices, mainly ponds, which have been constructed on site. The analysis is based on the annual runoff from a typical ERU of 2,074 square feet of impervious area and 3,266 square feet of pervious area. Adding these two numbers, an average ERU size of 5,340 square feet is obtained. Using this information and a typical rainfall histogram, 7.19 inches over the site is anticipated to run off the property in a given year. Table 3 and Figure 3 outline the Quantity mitigation curve development. These exhibits show that as retention storage increases, the amount of runoff collected increases; likewise, the credit allocated increases. 2.4 Administration Stormwater utility administration is related to the office functions needed to operate a stormwater utility, such as creating the database, updating and maintaining the database, developing programs and other tasks needed to ensure the stormwater utility is successfully operating. Costs allocated to administration, include but are not limited to, stormwater utility manager's salary and benefits, building costs, transportation costs, capital improvement program development costs, etc. Fees associated with administration are estimated to be 15% of the fees collected. As these fees are needed to operate the stormwater utility, all utility users pay this portion of the stormwater utility fee. 2 City of Cape Canaveral Stormwater Utility Mitigation Credit Policy 3.0 Application of Mitigation Factors The historical criteria of the St_ Johns River Water Management District were reviewed with respect to water quality (pollution abatement), rate (attenuation of flow) and quantity (additional retention requirements)_ These data were then used to define standard mitigation credits for developments occurring within specified time periods. Table 4 summaries the findings of this investigation. The St. Johns River Water Management District began issuing permits in 1981. The standard requirements of treating the first half-inch of runoff from the developed site and attenuate the 25-year, 24-hour storm event will be used to assign mitigation credit for parcels developed from 1981 through the present. Treating the first inch of rainfall gives an 80% credit for quality; attenuating the 25-year, 24- hour storm event gives a 76% credit for rate; a one-half inch of retention yields 20% mitigation for quantity. This yields a 46.4 mitigation credit of(0.35*80 + 0.15*76 + 0.35*20 =46.4. Between 1979 and 1981, the Department of Environmental Protection enforced water quality criteria. As such, an 80% credit will be given for water quality for developments constructed during this time period. This will amount to a total mitigation credit of 32%. Prior to 1979, minimal criteria were in place and the enforcement and depth of these requirements are in question. Therefore,no credit is given for developments constructed before 1979. The standard mitigation credits calculated are based on typical developments. Additional credit may be available on a case-by-case basis if more stringent criteria are required. This may be the case if construction occurred within a landlocked basin, a primary groundwater recharge area or within designated Outstanding Florida Waters. The burden of proof lies with the property owner. The owner must show evidence to the City or its designated representative of designing and construction at a higher level. Table 4 Standard Mitigation Rates Year Quality Rate Quantity Administration Total 35% 15% 35% 15% Mitigation 1981-2003 80 76 20 0 46.4 1979-1.981 80 0 0 0 28 1979 0 0 0 0 0 Total Retention* 100 100 100 0 85 * All stormwater from the 100-year, 24-hour storm event is held on site and only released through infiltration. 3 City of Cape Canaveral Stormwater Utility Mitigation Credit Policy DEFINITIONS 1. Attenuation: The act or process of maintaining or decreasing the rate of water flow from the pre-development to the post-development condition. 2. Detention: The storage and slow release of storm water runoff to etfect a reduction in flow rate through a structure or from a site. 3. Fist Flush: That portion of a storm event in which the pollutants in the runoff are generally considered to be at the highest concentration, generally accepted to be the first inch of rainfall for retention systems and the fish inch of runoff for wet detention systems. 4. Quality: The aspect of storm water runoff related to pollutant levels in the receiving water bodies. 5. Quantity: The aspect of storm water runoff related to the total volume of water generated by a storm event and evacuated through a structure or from a parcel of land. 6. Rate: The aspect of storm water runoff related to the volume of storm water and the time required to evacuate it through a structure or from a parcel of land, expressed as cubic feet per second (cfs). 7. Retention: The storage of storm water runoff on-site with volume recovery only through infiltration into the ground, or through evaporation. 8. Wet Detention: The storage of storm water runoff on-site such that it is gradually released to downstream drainage systems, allowing the cleansing of the storm water runoff through contact with planted wetland vegetation. 4 t a r. r� v � F � T CL C � O 4D _ a j I j l { j fo{offer C o p o a a ai p� a a o o p a p a o 0— 0 o \�\ >; 7 0 o A;o a 10 Alia A c.A oAI\:o A,o s\�o (y O riNh� to NIr'i� M O N N O �'O nf� 'ctl �I�p�j rjrlQj�(fl�CY+f�!r +� 00�rIM Il7�l- CO [rjl(o CD; D 4: i� O +� r CO Ict V* U*) (fl to,co 00+coiOjO�OIO O Co t E V E 3 Cy QINJCojUi LC��l�jd fCVlfd j� CK r`jVT (D+(D;MjC�liC�7'c7+ O o to:(D,(D I"'(V:N'(D (D N:9t M CO 04 -.r o N N j 4 +v O U jNirIOD CA!MIto MINi�j(flli�!t� Chis-'I jn oOiCflI6� +7�j 3 O N a 11 I i 1r) (01(O'l(fl (0;cfl (o (0.(fl, cr as - �v coi���,�r:u�l►s71u�,�n '^ r I I I C 5 c , m o Co � (D C14`qlrN� DrCf (D.rgt(N CI , wco'qT.rOL[) U c !( L6 C'51 � llEljijolrlio;oror ; O to oicu, CC •crn a 7mlr-- Vnlo " n�oN � (pno,MUS n,Mj r,r CV i ;(D (D j l� 7 a cn Q� j t I NENj!)jc7�C� �i<t �IVIiCJ (D+(Dj J N O i y _ _ If 'tn > q 0 L O 3 joolc�jco!�n�rn LQ m co (fl�c�l�ao� nj�n!cfl�n�co'lu�,v�coilolo `��° ('i d o 3 tC �, M "'o t-,r t:0 M'N .� co M�VI,Co N�CoIM�MiM�NNj rjNIOOj Ct�M [Vlr�(Q1 O .� Z or N tC E l Z j j I j i j j p w 4 to (D O'C4.OiIM'Mj� NI00'�=� NiOiM�C? h O OI(7OfN co ill .� N N m r ,O r ENrjt]OIN I�IQjvjnj0 NMO r MjME� �'' U O 0 .- j 0 Cl r r NjN1N Co of C71M1L7 ct 4'y"4I�;4 O C C .r ce) (D 00IQ) r 'rlr'r I• r r' 1t-'r'r� r r r rj L y U} U C CO) j I j o C c > m •� o a� v � m d sn I w j I m � o �, E 0 OjtSMU LE Loju-)Igu)IU-)ILOa Lglgu-),�( (�I�I�t7ju� X17{�;�o C)O - t` N O m O.O I 71 CV M �!�n l(D!t� co j Q1 1 O �+CV+�M j V I- N.0O CO a) C o .� u► E C 0,aic) a (DjC>C)!0 C7jO�Ojr-jlri�- ��•-frJNfNI(r7jC�lrj � � � a � 7 07 t/f c a I I r C M i 0 _o OCD ,. aqtr N t� z olaollc*)Ioi � ISI !M m!NI°°'�l�l�!cN,ljr!colirr'(DI� C, v 0 a ChlN.rjr I J f U C N fJ O O E CA C O E (O O O N p i m U i N 1 I jl s E ! I ! O E (n :03 II f m a a o 0 0'0 0 o ola o:oja°ola:alo°alo oloio; co n II �-� c) (1) IiotC - f--j00JCD+(D r C-J M It 47) C7�td)}(Yjuo'9 dI j O (G N V OI�O`OILIO'II�'O'1O`C?1O'Glj<-�r�rjr-'irle- N'N J� moi, ll Z a`�i n ! it II E E 2 2 a- z > U) z 0 ? 7 r L5 5 G G m CR � I V Ji I I� I A O I,- I- co!06 CD++ (N (Y) C7D'� co I I I I I I I _ I cr C I bo k-?:L!CV C'4 LO r i(D 41 CN04 CN I,M;C7 E 75a IIIIII' 3 i as ti CL i O CL m C E .:7ir—I(D -'r ILO > ; 2 qr L6 c*),l o coir 4) 41 N;N.MI�:LU') (D 0 > i I C4 H = j l= a a I, l� O kv 0 coCN Ic-iMl',�S711d` it I I I c (Dl(D'CD;CUicD:ECD'CD I !0 I C X Ej G1 NLf]IMf�{},pl0 O U �rlNllL-0 0 L C o L I € o a i t � �1 Mitigation Credit Percent w A M 0) _j 03 (0 CD 0 0 0 0 0 Ca 0 C) C) 0 0 � e e ma —..... ............................... . .. . . .... .... ......... 7M Buxom MIM 0�12 11,71RR! WAR NICE ............. ..... ..... Miami lr Om PWA .......... ..... ............. .............. I polls! Mj 41A MEN_ .................... ...110 23i W 1. All .... ............. wa J -n .............. ................ ins I A) N mag EMS_A�`_ lix, ............. ....................... ............ ............ . ......... ........... RIM: Hg, ............. .......... . .............. OWN tu ,vein uicuvwui•�•:n "Ciii . ........ .................. .. . .............. .... ... JJJJJJaR'a _3 ... .......... ......... .. ....................... I. ........�v _ (D E i m � -+ ' ! � Xco 0 Qj O n V !y (D 3 (Dr 5 (D (p 3 OICD C) Ol(.n OiCniO 0 _0 m nm E � � i � I , I . , � = Cn (D U) Q-CL AI�'WIWININ'� -a�Q (D !U OC) (n i1 �_ 0 O 0 .► 0 s I ! I O v 0 0 V OIQ O O`OjO1--' (D aoo w °°I��Vi`i Wlrnir"' �'1 = o m ,-r Q -i a) N OD C}1 O4plp 0iQ1O'j �] O 73 d OI I- € .. c o V 0:W:AS,,-�i 0)!:-A C7 tV 0 n C v m OD Oo --A -.,I,W 0) "r 4h-{ I p 3 co WQ1OiOO'O OI�� C/1 p a Cn U1 W't --1 O�14 0 O!d e�F Q p Qpl ,�l --ICA) (9) 3 3 CQ h! { .a---- rF (D Cts Q * Cn � W O,O,O O'1O;O 0 c Cn Cn',W � Vlp��V�0I0?d n N co V€W'dji C f CD w + ! l i N Q 0 W N O O OI© O CD o V Cn W[ iViO1O;d�d�0 o C O co a V;V�WI CD N �I W N Ol01O�O! CD O Q CniWj�1 -,]C)CD O�OjO Z W co -�.V V i -T ...__.i..__..._.;...- -- -...._. W CO -1 O C) C) o to W Cn1W O`:OIdOIO d 0 I I I I i j CD ! I W OD (D 0101 1 (D OI�I ! 3 I cD N co .o ma Ln 6�O�O10IC),O€0;O�0 T Mitigation Credit Percent Cp �lj a) 03 . ..... ..... M ............... ........................ .......... .... .......... ........... .... ...Sr........... 04 ............... ........... ........................ ................................... .....................;Oxzxo ............ ...................... ................ ............. ............... ........ ......55........ ...................................... ... ......... ..... DEMME WARREMI. eO MS. ......... .......... .......... MW Mal Nms .......... m ..... ... MIN ................. JO ............ ........................................ .......... ...................... ............................ P� ................ ........... ............ ........... . .. ................................. l< ... ......... .... CP A45W.. N NO EW Ewmc -mtw] X,Ill: ........... ............. ....... .............. ME In/ ........... LA. . ........ . ..... .............................. ..... ...... . ......... .... ............... I.,.............. Cn .. .. ............ . .. ............ .. .................. .................... ....... .. .............. . ........................ .......... ............. ....................... .. ......... .......... ORO, M;I'y.I.111251, .............. ;Cxk .. ...... ♦ ERR .............. I. .. .......... I'M ........... wr ...............• . ........... .... ............. mom ...........2, .................. -4 12/31/02 TUE 14:32 FAX 407 426 8977 Berryman & Heulgar ORL 033 October 23,2002 Mr.Bennett Boucher,City Manager BHI Ref.NO 91293.00 City of Cape Canaveral 105 Polk Avemie P_0_Box 326 Cape Canaveral,FL 32920 Ref FAFIV41ent Stormwater Unit(ESU)EstsbUshment Ehm Mr.Bouchor TO bWARm equity Wd simplicity equivalent 5t01MWWVr units (ESLD are generally established when cr,atir, sWunoster utility. This germination cf an M is generally based on the MW Prevalent land use within the geographic limits aF the utility, In XKWU OD111frWiffies the=is asociated With the single-family resuknm Howfter, the City of Cape Cawvwal's Pxwkminant Land use is condominiums and rownhwoft 6,161 parcel ftoords vmw ieviamd Of these 6,161 MC03rdS. 3,610 vena condorninium units (code 414)god 942 vMM townhouses(CO& 135). Camdorninitun Mks and Wwahouses account for 5$.601*and 15.2%Of IM parcels.MsPecthfely. Totaln73.8%ofthe Parcels. Therdbre,condonunrum and tommhotins are beM used as the bags for the RSLJ calculation. Five typical on pvnnhvuse dee kpneri" were rvvWwe& The impervious area(baildinp, pavwra2t etc) was taken from vons0umon pians. The impervious area per dwelling unit was cakulg-Aed by dividing the total 'roPtrVims;Irw of the site by the number of wLits associated with the site. Appendix A contains plan information used in nraking thew adculation& Table I summad2w the results of the analysis. Table 1 !vR�e AreaWGon Townbouse Unit Impervious Area Tutpervious Am per COMMMILium (SF)_ Number of Units unit(SP) Artesia Condominium 74,116 47 Del Mar Condominium 108,478 33 3,297 ou 78 .Area Per 1,578 3,287 Ocean Suites 24.326— 16 1,520 Lana Shores Condominium 160,918 so 2,013 Street CondMinival 157,693 to 1,971 A 1 074 It is reasonable to use this average impervious area as the basis for the equivalent gtormwatel-unit. Tho 2vemp impervious area of 2.074 square to is thereby defined as an ESU. The supporting documentation is=ached If you have any questions regarding this subtnival,please feel fm to give me a call(407)426-9994. Si AffEarhart,P.E. Project Manager 1221 West ColonW Drive, Suite 300,Orlando,Florida 32804 (407)426-89% # Fax(407)426-8977 * www.bbiim.com A z Lq-1 Opporrunity Em,)[qv--r 12/31/02 TUE 14:32 FAX 407 426 8977 Berryman & HeniBar ORL Q034 Appendix A Supporting Construction Plan Information ij dFA NG E V URU"-T-laq LLS'? Wt LOt" IVA ZC'-fT IU ZO/TV/ZT 1,9 '14 C7 1, -A 1,E a za, tj. ri rr, C C. tb Zf. rb kT, Na "n - Qh ra 'yj 143 Ln �1;1 O40 r) ko T40 2; is v S4 to r- NO CIO Iz% Ln Ct d (A -rl rn o,Tnq to CrIO S rz .1 q It"4j -2j a eb 7.1 Z, (b Q C-n Ct) 011 Cl ?}xi k'[3 ZI 12 7D 2 CL (L IV ._L;:' .�7 ISO JOSTUOH V UBVUJJOR LIOR gZt LOt XVa CC:tT MU ZO/TC/Zl } ` { t ���,1 54�'�:._„�T��, ;t�� ''I;���il:= J7�il1Cl].���T! c�Z �l I i•� _''-. oT•'�: L f:_'�'`'PJ �'i I J LCOIA Zg0 -T89TUag V URVUI rag 1168 9Zb LOf XVd M tT 317.E ZO/TC/ZT 12/31/02 TUE 14:33 FAX 407 426 8977 Berryman & Henigar ORL IM038 I;. IP-:ST-3TTL[:F.' PP6E S C. SB9'53'09 740.91 * N69'4e'05 N,(P.) The Proposed development of the project s6au consist of twL, 5 story, jj Tract 9A, REPI UrO G-ondoni;niur6l; Pvlth a pool and parking piouvicYca. poge 20. and Pt,FW,'c Records Sur MEMO .SL.SLJ.. ENGINEER 4&CW rEC balii Altont;c Armare of Cape Canaveral, Inc. Allan fnqi,'ne&r;nq' 4-7c' Jook*on Kirschner Ar'chitects 1, Tho bearie 69 N. Orlando Avenue 106 044 Lane 1540 HigAland Avenue. Ste, 6 Osportme Cocoa Beach, F7. 32931 Cocoa Beach, rL. 32931 Melbourne, FL. 32935 Protactiot Telephone., (407)783-286J Telephone: (407)78J-7443 Telephone,- (407)253-1952 70-80-A F'.7x- (407)7-53-0,?73 rox" (407)78-T-5902 F-az-- (407)259-9197 Coordino4 fora/ site area: 152,424 to S.F = 3.49 acres pages ZononV: R-3 (Alediuen 0w),-;ify R*--;;deAIral Disreicr) Adjacent 7oniriq: North R-J South 1r-3 Wcst R-2 RUildie)g 719,idrWAR S.c' 0.4.5 A(' 12.77T jP0v&?nc76( e'owdr,79ir- 24,1.?5.17 5-.F. j 0.255 AC. 15,57X 2,4-9 AC. 71.,36Z 7ri TAL 1-5-Z 02s 40 S F 4.9 All'. = r 00.00% Kdqu'- j Prviridal 2.5y 25.00' Si 1d: 15 76-00' Poor.- 15. 1.00' (CCCL) Sreeieway_ 251 64.70' 16.00' w 80,70':1200.04' a 40-34X Minimum /of artpq: f 0.000 S.F. 152,024-40 S-F, Alinimum lot width: 75' 200.94' APGPimum lot depth: too, 740.91' Add-gimum biAding /at coveraqo: J59 31.495 (CCCL) Vaximurn building height: 45' 44,67' Maximum length or Width Of structure: 185' 119,33' O#nsity: Y5 Units/Acre JJ Unil-1/3.49 A,!-,, 9_15 J)m;rt1Acr6 Parking 1-SIUMeld: 2 SPdCe'-? per Unit le 33 units - 66 spaces Parking pro-ided- .34 garage spaces f 34 regalor spaces -0- J ham.Yicappacr f 77 FPOC'V'.q- FL-OR REPRODuC77om im PART OR +OLC IS PR(*Nb417LrD W774OUT' 7HIE EVOUOT WWrMW PERMISSOV FROM ALLEN ENGrNEERINa INC lyd j `e .....r... �... ..._ ,/Air ROAD A1 A 1 y " 1 1 ] 1� y � �y � hi � ` •�• ,I1 c 'I��I fI 8 .39t;d 6CO1� UO .zeBTuag 79 QaRISs.TOS L168 M LOQ' YVA fC:bT 311E ZO/TCiZT 12/31/02 '/'CFE 14:35 FAX 407 426 8977 Berryman & HeniBar ORL R040 ILi F?� i , � 1'r _1. } r h1 "I r a r t;r h � Q' �'•'tir-L� r. i {�'� 4r !! r•cr;1 JcwIl..fImanf V4 tl.r yfc,1u(t �++J'� Gi!f'R�ai -.r ? ''r., •r r1rh n p:)C,, Ona pq-r.%STE 902002M �U r ' 17 'nrT` P2�.'.•n o1 rfor%rin A11nn 1".,q;ncnrrnq, �rr� •fr7arp.�Ir Kir"Jc'h"rrr Arc-If ta.,15 1 'r J. 'r c''•yU T• Q`o;",n 4e+�.!r !'r t...,e i nir.t+..urr.r. .i.. ..= ,r '<., 7 k-.' �,u�.-a.um tJnnsltsr`'NSrd&n4fui �7fcrr.r! r'-j fi't!-1•-�'� ry ny tovcrvgd i C18f;9 78 `+_F, -- 0 25 AC — !0 3(3X r3p"i rnvamgR i 1,437 9 S.F [1-Jf AC = 12.71X prpt�: F1,4 f;S7 5 F 1 57 AC. — 75.998 - 10 .74094 r - ,t4i Ar: t 1060 X )CAL. Re Qv're Ik''n.•.•iLf.'Sl 15 41 71 17, 15 00' 9805"f!��'G' — 6/05/155 72' J 0 4 Y -turn !al o,®rl: •Away 10.?O D S F: 63.729,<44 S.F 7S� 15200• rfun7 tot ppe 10th. 671.20' 7vm lot 46p�rr: "Mum L)vil/fnq lot cavrrfepr .15X t7.09X 'num b0dfn9 hmrghl, S' 44.67' nvm tongth or 0,1'et5 crl SlruCfire: 111.5 IIre, ;fy. r 5 Units/Acr+ 16 Units/! 46 Ac d 70.95 Units/acre REF ing -e,2wre<r: 2 Swcas per unit r 1L unflp = 32 sF+Ocer rrrg prnv ied 77 rngur]r spnrci t c n[lndrr rippe7 = 39 Sr+o *s OR �r ALL ,r � a -L srArF ROAD kr _ al4!E RC140 401 £4N r• �Ifi,t TT 8 TK7 ;lf� �l`?!7J.v ��-111015 Q. T?• i I IJ C' TTOT&O JIR9Ta9g V WOUtSIaag 1.109 M LOt %d3 SC:tT 31U ZO/TC/ZT 12/31/02 TUE 14:33 FAX 407 426 8977 Berryman & Henigar ORL cr.;. boff 14. Of fUe' 'r Nky! ti" lrrr or ,7 r? iI'r',hh' Ir 9, -1 :i .1 '. P �,;t q ri �.O- N�f () i f j --ervo; 1,�.i ..It ,, " I , 11 Sow I 1"(w j disran hr. n.� the lvoi,ej7eciv Oo4• 14; lhen(-+7 1(it 1. (7 Wesl f,( L, rlralcrnr•r rt to flip 1.irCIvNiA6 fthe: 1; r l 1 7 7 Ij 70�.4�1 fe!eo�, ftlivi-e- w, 'Y 6 j j -C, th,OC& Noo-13r,?z 5 T_ --cc "' -� �)' ; 14,R.1T4fi'_M f) cy;--, tW - 4 1 F4.02 AIHP*-f 6 t..; Y .1. jp�q, qj&r,rN Nqf*'413'3,/ a :..•tonre tCFI it! urvey 12 point f:'1 IhP r ficiriCY47: the -n. --m v f lqrevflfi� C)w trift"Liqll 4-2>t thf- Ilubl'. - C7 cfj-.,tr7jjt r :-I-,y:- fc&t, 111 j,'roriC,jr) Lille? Of the by "Pt"'Otv 1 0 Y F e�f( rif ae- of Me- Parorekq rf tirevOid COUWY, r101-ir1rJ r7 ctrsfancA of j'.54,4.0 t&&t. fn 0 fnrrv:P ��17'.,57,361w. 0101b ' 7 '"Jidid -rin-ifiril tot I; thfirce pnw,i or the N011h Of (hr, Sooth J300(i "'t 0, V(ql is tj(,rtn 9-4 feet, 1`0 C pr1j)II Or ltlo* 55-T41r�'JXW. 01009 clona the Rlesr 617e l'if f of Sod On Nr 7 - - - We n grfIr"Prif 1, [of 1, C; (fiSfrynce ot I �O,of, tc, f?)e PO�NT Or PRUNNIM": rycroi 1 1.7,P 506,AtU, 45 AOIZEt CO Q *00 M+" I U STA�� - vol"domirlilJO) tof 0 h 05. P , y),ir., -, I ".4c 14."(1 hr. the 6f pr3r;,inj C, ejnc; .,.PC7. -Fr1j'j rj f0l'i'DI., .-CUCItir; '. AV041ir Av,-n,!P 12 9 M� Ajt,7f? j )nf-. Di"e. " /rW 1r. FL 329.71 - jr120 I , . ohm A&QU=T, vR1 Ao7,htt&i`,t(;rW &I v I. St;; 1(J9 rc.,Ljl :,tC Iit'el i wr• ) 'f, 4, 1 1), 1^7 - G-06 Arf'R-'; 'f" f N Y 100 00.1 Provided 14 Y", k"." 4615 77* 4. 1) 0 1 4 4 14 41.. +11:� 41 15) A. .."OC -OV F11 '.P01- F'-; 14042 PfaGF: 12 12/31/02 TUE 14:36 FAX 407 426 8977 Berryman & Henigar ORI, [a 043 711.E I..•...'1 - 3 [: Z Hcc� F �4 ^'1` 23 -t Pgl�E 1 -1?i 1�-i - I L) i'! 1 12: Z:-� I [i: . 7j--17TL F, I T.' VICINITY MAP' LEwr62 12/31/02 TUE 14:37 FAX 407 426 8977 Berryman & Henigar ORL Q044 F N_ . rl d 1'. 1: 'l l 1c jTj 'TI �TTI.FF' _'Io P_d; �A . '..� 1 �cc r1t`.•�: F'A�3C ? 1 c,r,,'tv.R sTaceT' Npo+lt�r�u 0*"C,fvl Statamant: 'lhe proposed develof�ment for the prolaat art* aonarets of 18 amts and 59 parkl . 52 unite and 110 arki epaaf►ln the le4ennl�dof eorlrt,*ntarbaskelba!lIT tca grid rmcreotlon bullding paths south osW gPo aldo of Centsr Stroet, p 14�Aelerfng. In-UR� ctural Group, Ina. %wns Realty, Inc. yy 3000 N. Atlonfo Ave., Ste. 205 1800 N. Atlantlo Ave., Sts. 101 1 A8 Dbe a Lon® 2931 . Conon Reach. FL. .312931 Torn& eea (321j7H3-74 ,3 Tslepna8s. (321)784-1976 7410phone: (W)784-•8053 7 7 Fax: (3.21)784•-3644 rar: ('321) 83-5901 fax: (:12J) 99-1978 51te Informotlon: Total erts aorieaDa: 289,960.51 5.p, w 6.97 core& zoning. R--3 (Medrum Dbnorty Reerderrtlal Dletrlct) Adjacent ZOMIP: North.. ►l-- I South' R--3 root: u- i Ballding Covvrood. 56,921.37 S F. 1.31 AG. 38 -94X ppveffsn! eovsmQar 1022'6gti..39 5.r = 2.35 AC. sr 39.37&1 o srr ofaa:� ?5'x.060.5 t S.F. - 5.97 AC. v 100.00% Total: .Sbutha':de: me ihrldo: rTwqulrod Aravfd*d �,w r"'PMw 2S 2B.07' Frunt. Srrrs: (Nods braexnwey) 1?)if.77%• 473.71' -t J72,48'x25Xw93 12' 28.47` ' Rear. .Sbutha':de: Srdt'hr�alae: 25' J9.10' Frank Skis: (N.AS. luesxawgy) jgZOoto2& -740.50' 1$' 18 4 •• ftson Appendix A State Water Policy DEP 1997 WATER POLICY 62-40 CHAPTER 52-40 WATER POLICY TABLE OF CONTENTS PAGE 62-40.110 DECLARATION AND INTENT.......................................................................1 62-40.120 DEPARTMENT RULES ........................................... ..................2 PART II DEFINITIONS 62-40.210 DEFINITIONS.................................................................................................2 PART III GENERAL PROVISIONS 62-40.310 GENERAL POLICIES.....................................................................................6 PART IV RESOURCE PROTECTION AND MANAGEMENT 62-40.401 WATER USE AND REUSE. (REPEALED)....................................................8 62-40.410 WATER SUPPLY PROTECTION AND MANAGEMENT................................8 62-40.412 WATER CONSERVATION...........................................................................10 62-40.416 WATER REUSE...........................................................................................10 62-40.422 INTERDISTRICT TRANSFER......................................................................11 62-40.430 WATER QUALITY........................................................................................12 62-40.432 SURFACE WATER PROTECTION AND MANAGEMENT ...........................12 62-40.450 FLOOD PROTECTION................................................................................17 62-40.458 FLOODPLAIN PROTECTION......................................................................18 62-40.470 NATURAL SYSTEMS PROTECTION AND MANAGEMENT .......................19 62-40.473 MINIMUM FLOWS AND LEVELS................................................................19 62-40.475 PROTECTION MEASURES FOR SURFACE WATER RESOURCES ......... 20 Effective 1-7-97 DEP 1997 WATER POLICY 62-40 62-40.510 FLORIDA WATER PLAN.............................................................................21 PART V WATER PROGRAM DEVELOPMENT 62-40.520 DISTRICT WATER MANAGEMENT PLANS................................................22 62-40.530 DEPARTMENT REVIEW OF DISTRICT WATER MANAGEMENT PLANS. 24 62-40.540 WATER DATA..............................................................................................24 PART VI WATER PROGRAM ADMINISTRATION AND EVALUATION 62-40.610 REVIEW AND APPLICATION..................................................................... 25 Effective 1-7-97 DEP 1997 WATER POLICY 62-40 PART I GENERAL WATER POLICY 62-40.110 Declaration and Intent. (1) The waters of the state are among its basic resources. Such waters should be managed to conserve and protect natural resources and scenic beauty and to realize the full beneficial use of the resource. Recognizing the importance of water to the state, the Legislature passed the Water Resources Act, Chapter 373, Florida Statutes, and the Air and Water Pollution Control Act, Chapter 403, Florida Statutes. Additionally, numerous goals and policies within the State Comprehensive Plan, Chapter 187, Florida Statutes, address water resources and natural systems protection. (2) This Chapter is intended to provide water policy goals, objectives, and guidance for the development and review of programs, rules, and pians relating to water resources, as expressed in Chapters 187, 373, and 403, Florida Statutes. (3) These policies shall be construed as a whole and no individual policy shall be construed or applied in isolation from other policies. All constructions of this Chapter shall give meaning to all parts of the rule when possible. (4) Notwithstanding the incorporation of other Department rules in Rule 62- 40.120, F.A.C., this Chapter shall not constitute standards or criteria for decisions on individual permits. (5) A goal of this Chapter is to coordinate the management of water and related land resources. Local governments shall consider state water policy in the development of their comprehensive plans as required by Chapter 163, Florida Statutes, and as required by Section 403.0891(3)(a), F.S. Special districts which manage water shall consider state water policy in the development of their plans and programs. The Legislature has also expressed its intent, in Section 373.0395, F.S., that future growth and development planning reflect the limitations of available ground water and other water supplies. (6) It is an objective of the State to protect the functions of entire ecological systems, as developed and defined in the programs, rules, and plans of the Department and water management districts. (7) Government services should be provided efficiently. Inefficiency resulting from duplication of permitting shall be eliminated where appropriate, including water quality and water quantity permitting functions. (8) Public education, awareness, and participation shall be encouraged. The Department and Districts should assist educational institutions in the development of educational curricula and research programs which meet Florida's present and future water management needs. (9) This Chapter does not repeal, amend or otherwise alter any rule now existing or later adopted by the Department or Districts. However, procedures are included in this Chapter which provide for the review of Department and District plans, Effective 1-7-97 DEP 1997 WATER POLICY 62-40 programs, and rules to assure consistency with the provisions of this Chapter. The procedure for modification of District rules as requested by the Department shall be as prescribed in Section 373.114, F.S. and applicable provisions of this Chapter. (10) It is the intent of the Department, in cooperation with the Water Management Districts, to seek adequate sources of funding to supplement District ad valorem taxes to implement the provisions of this Chapter. Specific Authority 373.026(10), 373.043, 373.171, 403.061(33), 403.073, FS. Law Implemented 373.016, 373.114, 403.061(33), 403.073, 403.0891, FS., Ch. 93- 213, s.2,1993 Fla. Laws 1652, 1654. History -- New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95. 62-40.120 Department Rules. State water policy shall also include the following Department rules: (1) Water Quality Standards, Chapter 62-3, F.A.C. (2) Surface Water Quality Standards, Chapter 62-302, F.A.C. (3) Surface Water Improvement and Management, Chapter 62-43, F.A.C. (4) Ground Water Classes, Standards, and Exemptions, Chapter 62-520, F,A.C� (5) Drinking Water Standards, Monitoring, and Reporting, Chapter 62-550, F.A.C. Specific Authority 373.026(7), 373.026(10), 373.043, 403.061(33), 403.805, 403.861, FS. Law Implemented 373.016, 373.114, 403.061(33), 403.853, 403.0891, FS. History -- New 8-14-90, Formerly 17-40.120, Amended 7-20-95. PART II DEFINITIONS 62-40.210 Definitions. When used in this Chapter and in the review of rules of the Districts pursuant to Section 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean: (1) "Aquifer" shall mean a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield useful quantities of ground water to wells, springs or surface water. (2) "Consumptive use" means any use of water which reduces the supply from which it is withdrawn or diverted. (3) "Department" means the Department of Environmental Protection. (4) "Detention" means the delay of stormwater runoff prior to its discharge. Effective 1-7-97 2 DEP 1997 WATER POLICY 62-40 (5) "District" means a Water Management District created pursuant to Chapter 373, Florida Statutes. (6) "District Water Management Plan" means the long-range comprehensive water resource management plan prepared by a District. (7) "Drainage basin" means a subdivision of a watershed. (8) "Effluent", unless specifically stated otherwise, means water that is not reused after flowing out of any wastewater treament facility or other works used for the purpose of treating, stabilizing, or holding wastes. (9) "Floodplain" means land area subject to inundation by flood waters from a river, watercourse, lake, or coastal waters. Floodplains are delineated according to their estimated frequency of flooding. (10) "Florida Water Plan" means the State Water Use Plan, together with the water quality standards and water classifications adopted by the Department. (11) "Governing Board" means the governing board of a water management district. (12) "Ground water" means water beneath the surface of the ground, whether or not flowing through known and definite channels. (13) "Groundwater availability" means the potential quantity of groundwater which can be withdrawn without resulting in significant harm to the water resources or associated natural systems. (14) "Groundwater basin" means aground water flow system that has defined boundaries and may include permeable materials that are capable of storing or furnishing a significant water supply. The basin includes both the surface area and the permeable materials beneath it. (15) "High recharge areas" means areas contributing significant volumes of water which add to the storage and flow of an aquifer through vertical movement from the land surface. The term significant will vary geographically depending on the hydrologic characteristics of that aquifer. (16) "Natural systems" for the purpose of this rule means an ecological system supporting aquatic and wetland -dependent natural resources, including fish and aquatic and wetland -dependent wildlife habitat. (17) "Nutrient limitations" means those numeric values which establish a maximum or minimum allowable nutrient loading or concentration, as appropriate, for a specific nutrient. Nutrient limitations are established through an individual permit or other action within the regulatory authority of the Department or a District. These limitations serve to implement state water quality standards. (18) "Pollutant load reduction goal' means estimated numeric reductions in pollutant loadings needed to preserve or restore designated uses of receiving bodies of water and maintain water quality consistent with applicable state water quality standards. Effective 1-7-97 DEP 1997 WATER POLICY 62-40 (19) "Prime recharge areas" means areas that are generally within high recharge areas and are significant to present and future ground water uses including protection and maintenance of natural systems and water supply. (20) "Reasonable -beneficial use" means the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest. (21) "Reclaimed water" means water that has received at least secondary treatment and is reused after flowing out of a domestic wastewater treatment facility. (22) "Retention" means the prevention of stormwater runoff from direct discharge. (23) "Reuse" means the deliberate application of reclaimed water, in compliance with Department and District rules, for a beneficial purpose. (a) For example, said uses may encompass: 1. Landscape irrigation (such as irrigation of golf courses, cemeteries, highway medians, parks, playgrounds, school yards, retail nurseries, and residential properties); 2. Agricultural irrigation (such as irrigation of food, fiber, fodder and seed crops, wholesale nurseries, sod farms, and pastures); 3. Aesthetic uses (such as decorative ponds and fountains); 4. Groundwater recharge (such as slow rate, rapid -rate, and absorption field land application systems) but not including disposal methods described in Rule 62- 40.210(23)(b), F.A.C.; 5. Industrial uses (such as cooling water, process water, and wash waters); 6. Environmental enhancement of surface waters resulting from discharge of reclaimed water having received at least advanced wastewater treatment or from discharge of reclaimed water for wetlands restoration; 7. Fire protection; or 8. Other useful purpose. (b) Overland flow land application systems, rapid -rate land application systems providing continuous loading to a single percolation cell, other land application systems involving less than secondary treatment prior to application, septic tanks, and groundwater disposal systems using Class I wells injecting effluent or wastes into Class G-lV waters shall be excluded from the definition of reuse. (24) "Secretary" means the Secretary of the Department of Ennvironmental Protection. (25) "State water quality standards" means water quality standards adopted by the Environmental Regulations Commission pursuant to Chapter 403, Florida Statutes, including standards composed of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti -degradation policy, and the moderating provisions contained in Rules 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C. Effective 1-7-97 A DEP 1997 WATER POLICY 62-40 (26) "State Water Use Plan" means the plan formulated pursuant to Section 373.036, Florida Statutes, for the use and development of waters of the State. (27) "Stormwater" means the water which results from a rainfall event. (28) "Stormwater management program" means the institutional strategy for stormwater management, including urban, agricultural, and other stormwater. (29) "Stormwater management system" means a system which is designed and constructed or implemented to control stormwater, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over -drainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system. (30) "Stormwater utility" means the entity through which funding for a stormwater management program is obtained by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility which bills services regularly, similar to water and wastewater services. (31) "Surface water" means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. (32) "Surface water availability" means the potential quantity of surface water that can be removed or retained without significant harm to the water resources or associated natural systems. (33) "Water resource caution area" means a geographic area identified by a water management district as having existing water resource problems or an area in which water resource problems are projected to develop during the next twenty years. A critical water supply problem area, as described in Section 403.064, F.S., is an example of a water resource caution area. (34) "Water" or "waters in the state" means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state. (35) "Watershed" means the land area which contributes to the flow of water into a receiving body of water. (36) "Watershed management goal" means an overall goal for the management of water resources within a watershed. (37) "Wetlands" means those areas that are inundated or saturated by surface or ground water with a frequency sufficient to support, and under normal circumstances do or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonably saturated soil conditions for growth and reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river overflows, mud flats and natural ponds. This definition does not alter the Department's Effective 1-7-97 5 DEP 1997 WATER POLICY 62-40 jurisdiction over dredging and filling activities in wetlands as defined in Section 403.911(7), F.S. Specific Authority 373.026(7), 373.026(10), 373.0391, 373.0395, 373.043, 373.418, 403.061(33), 403.805, FS. Law Implemented 370.013, 373.016, 373.026(7), 373.036, 373.0391, 373.0395, 373.042, 373.114, 373.175, 373.223, 373.4135, 373.414, 373.418, 373.451, 377.371(1), 403.061(34), 403.0615(3), 403.064, 403.0891, FS., Ch. 93-213, sec. 2, Laws of Florida, Ch. 93-213, s.29, 1993 Fla. Laws. History -- New 5-5-81, Formerly 17-40.02, Amended 12-5-88, Formerly 17-40.020, Amended 8-14-90, 12-17-91, Formerly 17-40.210, Amended 7-20-95. PART III GENERAL. PROVISIONS 62-40.310 General Policies. The following statement of general water policy shall guide Department review of water management programs, rules, and plans. Water management programs, rules and plans, where economically and environmentally feasible, not contrary to the public interest, and consistent with Florida law, shall seek to: (1) Water Supply (a) Assure availability of an adequate and affordable supply of water for all reasonable -beneficial uses. Uses of water authorized by a permit shall be limited to reasonable -beneficial uses. (b) Reserve from use that water necessary to support essential non - withdrawal demands, including navigation, recreation, and the protection of fish and wildlife. (c) Champion and develop sound water conservation practices and public information programs. (d) Advocate and direct the reuse of reclaimed water as an integral part of water and wastewater management programs, rules, and plans consistent with protection of the public health and surface and ground water quality. (e) Encourage the use of water of the lowest acceptable quality for the purpose intended. (f) Encourage the development of local and regional surface and ground water supplies within districts rather than transfer water across District boundaries. (g) Encourage demand management and the development of alternative water supplies, including water conservation, reuse of reclaimed water, desalination, stormwater and industrial wastewater reuse, recharge, and aquifer storage and recovery. Effective 1-7-97 6 DEP 1997 WATER POLICY 62-40 (h) Protect aquifers from depletion through water conservation and preservation of the functions of high recharge areas. (2) Water Quality Protection and Management (a) Restore and protect the quality of ground and surface water by solving current problems and ensuring high quality treatment for stormwater and wastewater. (b) Identify existing and future public water supply areas and protect them from contamination. (3) Flood Protection and Floodplain Protection (a) Encourage nonstructural solutions to water resource problems and give adequate consideration to nonstructural alternatives whenever structural works are proposed. (b) Manage the construction and operation of facilities which dam, divert, or otherwise alter the flow of surface waters to minimize damage from flooding, soil erosion or excessive drainage. (c) Encourage the management of floodplains and other flood hazard areas to prevent or reduce flood damage, consistent with establishment and maintenance of desirable hydrologic characteristics and associated natural systems. (d) Encourage the development and implementation of a strict floodplain management program by state, regional, and local governments designed to preserve floodplain functions and associated natural systems. (e) Avoid the expenditure of public funds that encourage or subsidize incompatible new development or significant expansion of existing development in high -hazard flood areas. (f) Minimize flood -related emergencies, human disasters, loss of property, and other associated impacts. (4) Natural Systems Protection and Management (a) Establish minimum flows and levels to protect water resources and the environmental values associated with marine, estuarine, freshwater, and wetlands ecology. (b) Mitigate adverse impacts resulting from prior alteration of natural hydrologic patterns and fluctuations in surface and ground water levels. (c) Utilize, preserve, restore, and enhance natural water management systems and discourage the channelization or other alteration of natural rivers, streams and lakes. (5) Management Policies (a) Protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of laws, and the application of land and water management practices which provide for compatible uses. (b) Emphasize the prevention of pollution and other water resource problems. Effective 1-7-97 DEP 1997 WATER POLICY 62-40 (c) Develop interstate agreements and undertake cooperative programs with Alabama and Georgia to provide for coordinated management of surface and ground waters. Specific Authority 373.026(10), 373.036, 373.043, 403.061(33), 403.0891, FS. Law Implemented 373.013, 373.016, 373.026(7), 373.036, 373.0391, 373.042, 373.043, 373.084, 373.085, 373.103(4), 373.114, 373.171, 373.175, 373.223, 373.413, 373.4135, 373.414, 373.418, 373.451, 377.371(1), 403.061(34), 403.0615(3), 403.064, 403.0891, FS., Ch. 93-213, sec. 2, Laws of Florida. History -- New 7-1-81, Formerly 17-40.03, Amended 12-5-88, Formerly 17-4.030, Amended 8-13-90, 12-17-91, Formerly 17-40.310, Amended 7-20-95. PART IV RESOURCE PROTECTION AND MANAGEMENT 62-40.401 Water Use and Reuse. (Repealed) Specific Authority 373.026, 373.043, FS. Law Implemented 187.101(3), 373.016, 373.0391(2)(e), Part II of Ch. 373, 403.064, FS. History -- New 5-5-81. Amended 2-4-82, Formerly 17-40.04, Amended 12-5-88. Formerly 17-40.040, Amended 8-14-90,12-17-91, Formerly 17-40.401, Repealed 7-20-95, 62-40.410 Water Supply Protection and Management. The following shall apply to those areas where the use of water is regulated pursuant to Part II of Chapter 373, Florida Statutes: (1) No permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable -beneficial use, will not interfere with presently existing legal uses of water and is consistent with the public interest. (2) In determining whether a water use is a reasonable -beneficial use, the following factors will be considered: (a) The quantity of water requested for the use; (b) The demonstrated need for the use; (c) The suitability of the use to the source of water, (d) The purpose and value of the use; (e) The extent and amount of harm caused; (f) The practicality of mitigating any harm by adjusting the quantity or method of use; (g) Whether the impact of the withdrawal extends to land not owned or legally controlled by the user; Effective 1-7-97 E. DEP 1997 WATER POLICY 62-40 (h) The method and efficiency of use; (i) Water conservation measures taken or available to be taken; (j) The feasibility of alternative sources such as reclaimed water, stormwater, brackish water and salt water; (k) The present and projected demand for the source of water; (1) The long-term yield available from the source of water; (m) The extent of water quality degradation caused, (n) Whether the proposed use would cause or contribute to flood damage; (o) Whether the proposed use would significantly induce saltwater intrusion; (p) The amount of water which can be withdrawn without causing harm to the resource; (q) Whether the proposed use would adversely affect public health; and (r) Whether the proposed use would significantly affect natural systems. (3) Water may be reserved from permit use in such locations and quantities, and for such seasons of the year, as is required for the protection of fish and wildlife or the public health or safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal users of water shall be protected so long as such use is not contrary to the public interest. (4) Water use shall not be allowed to exceed ground water availability or surface water availability. If either is exceeded, the Districts shall expeditiously implement a remedial program. The remedial program shall consider options such as designation of a water resource caution area, declaration of a water shortage, development of water resource projects, regulation of consumptive water users, or other options consistent with this chapter and Chapter 373, F.S. (5) In implementing consumptive use permitting programs, the Department and the Districts shall recognize the rights of property owners, as limited by law, to make consumptive uses of water from their land, and the rights of other users, as limited by law, to make consumptive uses of water, for reasonable -beneficial uses in a manner consistent with the public interest that will not interfere with any presently existing legal use of water. (6) Permits authorizing consumptive uses of water which cause unanticipated significant adverse impacts on off-site land uses existing at the time of permit application, or on legal uses of water existing at the time of permit application, should be considered for modification, to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee. (7) The Districts shall determine whether Section 373.233, F.S., entitled "Competing Applications", and implementing rules, are applicable to pending applications. (8) Any reallocation of an existing permitted quantity of water shall be reviewed by the District and shall be subject to full compliance with the applicable permitting criteria of the District. Effective 1-7-97 9 DEP 1997 WATER POLICY 62-40 Specific Authority 373.026, 373.043, 373.171, 403.061(33), FS. Law Implemented 373.016, 373.0391(2)(e), 373.042, Part 11 of Ch. 373, 403.064, FS. History -- New 7-20-95. 62-40.412 Water Conservation. (1) The overall water conservation goal of the state shall be to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources. Conservation of water shall be required unless not economically or environmentally feasible. The Districts should accomplish this goal by assisting local and regional governments and other parties, in addition to the assistance required under section 373.0391 of the Florida Statutes, "in the development and future revision of local government comprehensive plan elements or public facilities report as required by s. 189.415," in designing and formulating additional plans and programs to conserve water to meet their long -terra needs, including incentives such as longer term or more flexible permits, economic incentives, and greater certainty of supply during water shortages. (2) Districts shall further accomplish this water conservation goal by: (a) Establishing efficiency standards for urban, industrial, and agricultural demand management, which standards may include the following: 1. Restrictions against inefficient irrigation practices; 2. Imposing year-round restrictions, which may include variances or exemptions, on particular irrigation activities or irrigation sources, and which shall use a uniform time period of 10:00 a.m. to 4.00 p.m., 3. Minimizing unaccounted-for water losses; 4. Promoting water -conserving rate structures; and 5. Water -conserving plumbing fixtures, xeriscape, and rain sensors. (b) Maintaining public information and education programs for long- and short-term water conservation goals; (c) Executing provisions to implement the above criteria and to consistently apply water shortage restrictions between those Districts whose boundaries contain political jurisdictions located in more than one District. Specific Authority 373.026, 373.043, 403.061(33), FS. Law Implemented 373.171, 373.175, 373.185, 373.196, 373.1961, FS. History -- New 7-20-95, Amended 1-7-97. 62-40.416 Water Reuse. (1) Section 373.0391(2)(e), F.S., requires that the Districts shall designate areas that have water supply problems which have become critical or are anticipated to become critical within the next 20 years. The Districts shall identify such water resource caution areas during preparation of a District Plan pursuant to Rule 62-40.520, F.A.C., Effective 1-7-97 10 DEP 1997 WATER POLICY 62-40 and shall adopt and amend these designations periodically as set forth in this section and as required under section 120.54 of the Florida Statutes. (2) In implementing consumptive use permitting programs, a reasonable amount of reuse of reclaimed water shall be required within designated water resource caution areas, unless objective evidence demonstrates that such reuse is not economically, environmentally, or technically feasible. (3) The Districts shall periodically update their designations of water resource caution areas. Such updates shall occur within one year after updates of the District Plan prepared pursuant to Rule 62-40.520, F.A.C. After completion of the District Plan or updates pursuant to Rule 62-40.520, F.A.C., the Districts may limit areas where reuse shall be required to areas where reuse is specified as a remedial or preventive action pursuant to Rule 62-40.520, F.A.C. (4) In implementing consumptive use permitting programs, a reasonable amount of reuse of reclaimed water from domestic wastewater treatment facilities may be required outside of areas designated pursuant to Rule 62-40.416(1), F.A.C., as subject to water supply problems, provided: (a) Reclaimed water is readily available; (b) Objective evidence demonstrates that such reuse is economically, environmentally, and technically feasible; and (c) The District has adopted rules for reuse in these areas. (5) The Department encourages local governments to implement programs for reuse of reclaimed water. The Districts are encouraged to establish incentives for local governments and other interested parties to implement programs for reuse of reclaimed water. These rules shall not be deemed to pre-empt any such local reuse programs. Specific Authority 373.026, 373.043, 403.061(33), FS. Law Implemented 187.101(3), 373.016, 373.023(1), 373.0391(2)(e), Part II of Ch. 373, 403.064, FS. History -- New 7-20-95, Amended 1-7-97. 62-40.422 Interdtstrict Transfer. The following shall apply to the transfers of surface and ground water where such transfers are regulated pursuant to Part II of Chapter 373, Florida Statutes: (1) The transfer or use of surface water across District boundaries shall require approval of each involved District. The transfer or use of ground water across District boundaries shall require approval of the District where the withdrawal of ground water occurs. (2) In deciding whether the transfer and use of surface water across District boundaries is consistent with the public interest pursuant to Section 373.223, Florida Statutes, the Districts should consider the extent to which: Effective 1-7-97 11 DEP 1997 WATER POLICY 62-40 (a) Comprehensive water conservation and reuse programs are implemented and enforced in the area of need; (b) The major costs, benefits, and environmental impacts have been adequately determined including the impact on both the supplying and receiving areas; (c) The transfer is an environmentally and economically acceptable method to supply water for the given purpose; (d) The present and projected water needs of the supplying area are reasonably determined and can be satisfied even if the transfer takes place; (e) The transfer plan incorporates a regional approach to water supply and distribution including, where appropriate, plans for eventual interconnection of water supply sources; and (f) The transfer is otherwise consistent with the public interest based upon evidence presented. (3) The interdistrict transfer and use of ground water must meet the requirements of Section 373.2295, Florida Statutes. Specific Authority 373.026, 373.043, 403.805, FS. Law Implemented 373.016, Part II of Ch. 373, 403.061(33), FS. History -- New 5-5-81, Formerly 17-40.05, 17-40.050, 17-40.402, Amended 7-20-95. 62-40.430 Water Quality. (1) Water quality standards shall be enforced pursuant to Chapter 403, Florida Statutes, to protect waters of the State from point and non -point sources of pollution. (2) State water quality standards adopted by Department rule shall be a part of the Florida Water Plan. Specific Authority 403.061, 373.026, 373.043, 403.805, FS. Law Implemented 373.039, 403.021, FS. History --New 5-5-81. Formerly 17-40.06, 17-40.060, 17-40.403, 17-40.430. 62-40.432 Surface Water Protection and Management. (1) Surface Water Protection and Management Goals. The following goals are established to provide guidance for Department, District and local government stormwater management programs: (a) It shall be a goal of surface water management programs to protect, preserve and restore the quality, quantity and environmental values of water resources. A goal of surface water management programs includes effective stormwater management for existing and new systems which shall seek to protect, maintain and restore the functions of natural systems and the beneficial uses of waters. (b) The primary goals of the state's stormwater management program are to maintain, to the maximum extent practicable, during and after construction and development, the pre -development stormwater characteristics of a site; to reduce Effective 1-7-97 12 DEP 1997 WATER POLICY 52-40 stream channel erosion, pollution, siltation, sedimentation and flooding; to reduce stormwater pollutant loadings discharged to waters to preserve or restore beneficial uses; to reduce the loss of fresh water resources by encouraging the reuse of stormwater; to enhance ground water recharge by promoting infiltration of stormwater in areas with appropriate soils and geology; to maintain the appropriate salinity regimes in estuaries needed to support the natural flora and fauna; and to address stormwater management on a watershed basis to provide cost effective water quality and water quantity solutions to specific watershed problems. (c) Inadequate management of stormwater throughout a watershed increases stormwater flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and other conveyances, disrupts the functions of natural systems, undermines floodplain management and flood control efforts in downstream communities, reduces ground water recharge, threatens public health and safety, and is the primary source of pollutant loading entering Florida's rivers, lakes and estuaries, thus causing degradation of water quality and a loss of beneficial uses. Accordingly, it is a goal to eliminate the discharge of inadequately managed stormwater into waters and to minimize other adverse impacts on natural systems, property and public health, safety and welfare caused by improperly managed stormwater. (d) It shall be a goal of stormwater management programs to reduce unacceptable pollutant loadings from older stormwater management systems, constructed before the adoption of Chapter 62-25, F.A.C., (February 1, 1982), by developing watershed management and stormwater master plans or District -wide or basin specific rules. (e) The concept of developing comprehensive watershed management plans in designated watersheds is intended not only to prevent existing environmental, water quantity, and water quality problems from becoming worse but also to reduce existing flooding problems, to improve existing water quality, and to preserve or restore the values of natural systems. (2) Watershed management goals shall be developed by the District for all watersheds within the boundaries of each District and shall be consistent with the Surface Water Improvement and Management (SWIM) program and the EPA National Pollution Discharge Elimination System (NPDES) program. Watershed management goals shall be included in the District Water Management Plans. (3) Stormwater Management Program Implementation. As required by Section 403.0891, F.S., the Department, Districts and local governments shall cooperatively implement on a watershed basis a comprehensive stormwater management program designed to minimize the adverse effects of stormwater on land and water resources. All such programs shall be mutually compatible with the State Comprehensive Plan (Chapter 187, Florida Statutes), the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Florida Statutes), the Surface Water Improvement and Management Act Effective 1-7-97 13 DEP 1997 WATER POLICY 62-40 (Sections 373.451-.4595, F.S.), Chapters 373 and 403, F.S., and this chapter. Programs shall be implemented in a manner that will improve and restore the quality of waters that do not meet state water quality standards and maintain the water quality of those waters which meet or exceed state water quality standards. (a) The Department shall be the lead agency responsible for coordinating the statewide stormwater management program by establishing goals, objectives and guidance for the development and implementation of stormwater management programs by the Districts and local governments. The Department shall implement the state's stormwater management program in Districts which do not have the economic and technical resources to implement a comprehensive stormwater and surface water management program. (b) The Districts which have implemented a comprehensive stormwater and surface water management program shall be the chief administrators of the state stormwater management program. The Department or the Districts, where appropriate, shall set regional stormwater management goals and policies on a watershed basis, including watershed stormwater pollutant load reductions necessary to preserve or restore beneficial uses of receiving waters. For water bodies which fully attain their designated use and meet the applicable state water quality standards, the pollutant load reduction goal shall be zero. Such goals and policies shall be implemented through District SWIM plans, through preparation of watershed management plans in other designated priority watersheds and through appropriate regulations. (c) Local governments shall establish stormwater management programs which are in accordance with the state and District stormwater quality and quantity goals. Local governments may establish a stormwater utility or other dedicated source of funding to implement a local stormwater management program which shall include the development and implementation of a stormwater master plan and provisions, such as an operating permit system, to ensure that stormwater systems are properly operated and maintained. (d) Section 189.4155 of the Florida Statutes requires that special districts, such as water control districts created under chapter 298 of the Florida Statutes, must be consistent with the applicable local government comprehensive plan adopted under Part il, chapter 163 of the Florida Statutes, in the construction and expansion of public facilities, or in a major alteration which affects the quantity or quality of the level of service of a public facility_ In order to be consistent with the goals and objectives of state water policy, any water control district created pursuant to Chapter 298, F.S., or special act, and other special districts as defined in Section 189.403(1), F.S., which have water management powers shall: 1. Be consistent with Department and district stormwater quality and quantity goals for the construction and expansion of water control and related facilities. 2. Operate existing water control and related facilities consistent with applicable Department and district stormwater quality and quantity goals. Any Effective 1-7-97 14 DEP 1997 WATER POLICY 62-40 modification or alteration of existing water control and related facilities shall be consistent with Department and district stormwater quality and quantity goals. (4) Surface Water Management. The following shall apply to the regulation of surface water pursuant to Part IV, Chapter 373, Florida Statutes. (a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact waters in the state, and the improvements served by such facilities, shall not be harmful to water resources or inconsistent with the objectives of the Department or District. (b) In determining the harm to water resources and consistency with the objectives of the Department or District, consideration should be given to: 1. The impact of the facilities on.- a. n:a. water quality; b. fish and wildlife; C. wetlands, floodplains, estuaries, and other environmentally sensitive lands; d. reasonable -beneficial uses of water; e. recreation; f. navigation; g. saltwater or pollution intrusion, including any barrier line established pursuant to Section 373.033, F.S.; h. minimum flows and levels established pursuant to Section 373.042, F.S.; and i. other factors relating to the public health, safety, and welfare; 2. Whether the facilities meet applicable design or performance standards; 3. Whether adequate provisions exist for the continued satisfactory operation and maintenance of the facilities; and 4. The ability of the facilities and related improvements to avoid increased damage to off-site property, water resources, natural systems or the public caused by: a. loodplain development, encroachment or other alteration; b. retardance, acceleration or diversion of flowing water; C. reduction of natural water storage areas; d. facility failure; or e. other actions adversely affecting off-site water flows or levels. (5) Minimum Stormwater Treatment Performance Standards. (a) When a stormwater management system complies with rules establishing the design and performance criteria for stormwater management systems, there shall be a rebuttable presumption that such systems will comply with state water quality standards. The Department and the Districts, pursuant to Section 373.418, F.S., shall, when adopting rules pertaining to stormwater management systems, specify design and performance criteria for new stormwater management systems which: Effective 1-7-97 15 DEP 1997 WATER POLICY 62-40 1. Shall be designed to achieve at least 80 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards. 2. Shall be designed to achieve at least 95 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards in Outstanding Florida Waters. 3. The minimum treatment levels specified in subparagraphs 1. and 2. above may be replaced by basin specific design and performance criteria adopted by a District in order to achieve the pollutant load reduction goals established in paragraph (c). (b) Erosion and sediment control plans detailing appropriate methods to retain sediment on-site shall be required for land disturbing activities. (c) The pollutant loading from older stormwater management systems shall be reduced as necessary to restore or maintain the beneficial uses of waters. The Districts shall establish pollutant load reduction goals and adopt them as part of a SWIM plan, other watershed management plan, or District -wide or basin specific rules. (d) Watershed specific stormwater pollutant load reduction goals shall be developed for older stormwater management systems on a priority basis as follows: 1. The Districts shall include in adopted SWIM Plans numeric estimates of the level of pollutant load reduction goals anticipated to result from planned corrective actions included in the plan. a. For SWIM water bodies with plans originally adopted before January 1, 1992, these estimates shall be established before December 31, 1994. b. For SWIM water bodies with plans originally adopted after January 1, 1992, these estimates shall be established within three years of the plan's original adoption date. 2. Each District shall develop water body specific pollutant load reduction goals for non -SWIM water bodies on a priority basis according to a schedule provided in the District Water Management Plan. The list of water bodies and the schedule shall be developed by each District, giving priority consideration to water bodies that receive discharges from stormwater management systems that are required to obtain a NPDES municipal stormwater discharge permit. 3. The Districts shall consider economic, environmental, and technical factors in implementing programs to achieve pollutant load reduction goals. These goals shall be considered in local comprehensive plans submitted or updated in accordance with Section 403.0891(3)(a), F.S. Specific Authority 373.026, 373.043, 373.418, 403.061, 403.087, FS. Law Implemented 163.3161-163.3243, 186, 187, 373.016, 373.046, 373.114, Part IV of Ch. 373, 403.061, 403.0891, FS. History -- New 2-20-91, Formerly 17-40.420, 17-40.432, Amended 7-20-95, 1-7-97. Effective 1-7-97 16 DEP 1997 WATER POLICY 62-40 62-40.450 Flood Protection. Flood protection shall be implemented within the context of other interrelated water management responsibilities. Florida will continue to be dependent on some structural water control facilities constructed in the past, and new structural facilities may sometimes be unavoidable in addressing existing and future flooding or other other water -related problems. The Department and the Districts shall promote nonstructural flood protection strategies. (1) Flood Protection Responsibilities (a) Local governments have the primary responsibility for regulating land use, enforcing construction criteria for flood prone areas, establishing local stormwater management levels of service, constructing and maintaining local flood control facilities, and otherwise preventing flood damages to new and existing development. (b) District flood protection responsibilities relate primarily to serving regional water conveyance and storage needs. Districts have the authority to plan, construct, and operate water control facilities, as well as regulate discharges into works of the District or facilities controlled by the District. (c) Rules adopted under Part IV of Chapter 373, F.S., shall require that appropriate precautions be taken to protect public health and safety in the event of failure of any water control structures, such as pumps and levees. (d) Department and District programs shall discourage siting of incompatible public facilities in floodplains and flood prone areas wherever possible. Where no feasible alternative exists to siting an incompatible public facility in a floodplain or flood prone Area, the facility shall be designed to minimize flood damage risks and adverse impacts on natural flood detention and conveyance capabilities. (e) Each District shall clearly define in its District Water Management Plan, in basin specific plans, or rules, the District's responsibilities related to flood emergencies, including its mechanisms for coordinating with emergency response agencies. (2) District Facilities (a) District water control facilities shall be operated and maintained in accordance with established plans or schedules. (b) Districts shall assess the design characteristics and operational practices of existing District water control facilities to ascertain opportunities for minimizing adverse impacts on water resources and associated natural systems. Where feasible, facility design modifications or operational changes shall be implemented to enhance natural systems or fulfill other water management responsibilities. Specific Authority 373.026(10), 373.043, 373.171, 373.418, 403.061(33), FS. Law Implemented 373.016, 373.026, 373.036, 373.0391, 373.042, 373.086(1), 373.175, 373.223(3), 373.413, 373.4135, 373.414, 373.496, 373.418, 373.423, 373.429, 373.451, 377.371(1), 403.061(34), 403.0615(3), 582.05, FS., Ch. 93-213, sec. 2, Laws of Florida. History -- New 7-20-95. Effective 1-7-97 17 DEP 1997 WATER POLICY 62-40 62-40.458 Floodplain Protection. (1) The Department and the Districts shall provide leadership to protect and enhance the beneficial values of floodplains. This shall include active coordination with local governments, special districts, and related programs of federal agencies, the Department of Community Affairs, and the Department of Health and Rehabilitative Services. Nothing in this section is intended to diminish the Department's and District's responsibilities regarding flood protection. (a) The Department and the Districts shall pursue development of adequate floodplain protection information, including: 1. District determination of flood levels for priority floodplains. At a minimum, this shall include the 104 -year flood level, with other flood levels to be determined where needed for watershed -specific management purposes. Districts are encouraged to determine the 10 -year flood level for the purpose of assisting the Department of Health and Rehabilitative Services to regulate septic tanks in floodplains pursuant to Section 1OD-6.0471, F.A.C. 2. Identification of floodplains with valuable natural systems for potential acquisition. 3. Identification of floodplain areas having potential for restoration of natural flow regimes. (b) The Department and the Districts shall develop jointly a comprehensive system of coordinated planning, management, and acquisition to protect and, where feasible, enhance floodplain functions and associated natural systems in floodplains. This system shall include implementation of policies and programs to: 1. Acquire and maintain valuable natural systems in floodplains. 2. Protect the natural water storage and water conveyance capabilities of floodplains. 3. Where feasible, enhance or restore natural flow regimes of rivers and watercourses that have been altered for water control purposes. (c) District regulatory programs shall minimize incompatible activities in floodplains. For regulated floodplains, each District, at a minimum, shall ensure that such activities: 1. Will not result in significant adverse effects on surface and ground water levels and surface water flows. 2. Will not result in significant adverse impacts to existing surface water storage and conveyance capabilities of the floodplain. 3. Will not result in significant adverse impacts to the operation of District facilities. 4. Will assure that any surface water management facilities associated with the proposed activity will be capable of being effectively operated and maintained. 5. Will not cause violations of water quality standards in receiving waters. 6. Will not otherwise be harmful to water resources. Effective 1-7-97 18 DEP 1997 WATER POLICY 62-40 (2) Each District shall provide to local governments and water control districts available information regarding floodplain delineation and floodplain functions and associated natural systems, and assist in developing effective measures to manage floodplains consistently with this Chapter. Specific Authority 373.026(10), 373.043, 373.171, 373.418, 403.061(33), FS. Law Implemented 373.026, 373.036, 373.0391, 373.042, 373.086(1), 373.175, 373.223(3), 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 377.371(1), 403.061(34), 403.0615(3), 582.05, FS. History: New 7-20-95. 62-40.470 Natural Systems Protection and Management. Programs, plans, and rules to accomplish natural systems protection and management shall include rules to address adverse cumulative impacts, the establishment of minimum flows and levels (Rule 62-40.473, F.A.C.) and may include protection measures for surface water resources (Rule 62-40.475, F.A.C.). Specific Authority 373.026(10), 373.043, 403.061(33), FS. Law Implemented 373.016(2), 373.026, 373.036(2), 373.0391, 373.042, 373.175, 373.223(3), 373.4135, 373.414, 373.418, 373.451, 377.371(1), 403.061(34), 403.0615(3), FS, Ch. 93-213, sec. 2, Laws of Florida. History -- New 7-20-95. 62-40.473 Minimum Flows and Levels. (1) In establishing minimum flows and levels pursuant to Section 373.042, consideration shall be given to the protection of water resources, natural seasonal fluctuations in water flows or levels, and environmental values associated with coastal, estuarine, aquatic, and wetlands ecology, including: (a) Recreation in and on the water; (b) Fish and wildlife habitats and the passage of fish; (c) Estuarine resources; (d) Transfer of detrital material; (e) Maintenance of freshwater storage and supply; (f) Aesthetic and scenic attributes; (g) Filtration and absorption of nutrients and other pollutants; (h) Sediment loads; (i) Water quality; and (j) Navigation. (2) Established minimum flows and levels shall be protected where relevant to: (a) The construction and operation of water resource projects; (b) The issuance of permits pursuant to Part II, Part IV, and Section 373.086, Florida Statutes; and Effective 1-7-97 19 DEP 1997 WATER POLICY 62-40 (c) The declaration of a water shortage pursuant to Section 373.175 or Section 373.246, Florida Statutes. (3) Each water management district shall advise the Secretary by January 1, 1995 of the date by which each District shall establish minimum flows and levels for surface waterbodies within the District. Priority shall be given to establishment of minimum flows and levels on waters which are located within: (a) an Outstanding Florida Water; (b) an Aquatic Preserve; (c) an Area of Critical State Concern; or (d) an area subject to Chapter 380 Resource Management Plans adopted by rule by the Administration Commission, when the plans for an area include waters that are particularly identified as needing additional protection, which provisions are not inconsistent with applicable rules adopted for the management of such areas by the Department and the Governor and Cabinet. Specific Authority 373.026, 373.043, 403.061(33), 403.805, FS. Law Implemented 373.016, 373.042, 373.086, 373.175, 373.223, 373.246, 373.413, FS. History -- New 5-5-81, Formerly 17-40.08, Amended 12-5-88, Formerly 17-40.080, 17- 40.405,17-40.473, Amended 7-20-95. 62-40.475 Protection Measures for Surface Water Resources. (1) As part of SWIM Plans or basin -specific management plans, programs, or rules, the Districts are encouraged to implement protection measures as appropriate to enhance or preserve surface water resources. Protection measures shall be based on scientific evaluations of particular surface waters and the need for enhancement or preservation of these surface water resources. (2) In determining if basin -specific rules should be adopted to establish protection areas, due consideration shall be given to surface waters with the following special designations: (a) an Outstanding Florida Water, (b) an Aquatic Preserve, (c) an Area of Critical State Concern, or (d) an area subject to Chapter 380 Resource Management Plans adopted by rule by the Administration Commission, when the plans for an area include waters that are particularly identified as needing additional protection, which provisions are not inconsistent with applicable rules adopted for the management of such areas by the Department and the Governor and Cabinet. Specific Authority 373.026, 373.043, 373.418, 373.453, 403.061(33), FS. Law Implemented 373.016, 373.194(1), 373.413, 373.418, 373.453, 403.061(35), FS. History -- New 7-20-95. Effective 1-7-97 20 DEP 1997 WATER POLICY 62-40 62-40.510 Florida Water Plan. (1) The Department shall formulate an integrated, coordinated Florida Water Plan for the management of Florida's water resources. The scope of the plan shall include the State Water Use Plan and all other water -related activities of the Department and the Districts. It shall give due consideration to the factors in Section 373.036(2), F.S. (2) The Florida Water Plan shall be developed in coordination with District Water Management Plans and include, at a minimum: (a) Department overview, including a discussion of the interrelationships of Department and District programs; (b) Water management goals and responsibilities, including the following areas of responsibilities: 1. water supply protection and management, 2. flood protection and management, 3. water quality protection and management, and 4. natural systems protection and management; (c) Statewide water management implementation strategies for each area of responsibility; (d) Intergovernmental coordination, including the Department's processes for general supervision of the water management districts; (e) Procedures for plan development, including public participation; (f) Methods for assessing program effectiveness and the Department's progress toward implementation of the Plan; (g) Linkages to Department rulemaking, budgeting, program development, and legislative proposals,- (h) roposals;(h) Strategies to identify the amount and sources of supplemental funding to implement the programs identified in Chapter 373, District Water Management Plans, this Chapter, and any delegated programs; (i) Chapter 62-40, F.A.C., State Water Policy; 0) Appropriate sections of the District Water Management Plans; (k) State water quality standards. (3) The Florida Water Plan shall be developed expeditiously and may be phased. It shall be completed by November 1, 1995. (4) At a minimum, the Florida Water Plan shall be updated every five years after the initial plan development. Annual status reports on the Plan shall also be prepared by the Department. Specific Authority 373.026, 373.043, FS. Law Implemented 373.036, 373.039, FS. History -- New 7-20-95. Effective 1-7-97 21 DEP 1997 WATER POLICY 62-40 PART V WATER PROGRAM DEVELOPMENT 62-40.520 District Water Management Plans. (1) Each district shall prepare a long range comprehensive water management plan which is consistent with the provisions of this Chapter and Section 373.036, Florida Statutes. District Water Management Plans are comprehensive guides to the Districts in carrying out all their water resource management responsibilities, including water supply, flood protection, water quality management, and protection of natural systems. The plans shall provide general directions and strategies for District activities, programs, and rules. They will be implemented by a schedule of specific actions of the District, which may include program development, water resource projects, land acquisition, funding, technical assistance, facility operations, and rule development. (2) The District Plan shall include an assessment of water needs and sources for the next 20 years. The District Plan shall identify specific geographical areas that have water resource problems which have become critical or are anticipated to become critical within the next 20 years to be called water resource caution areas. identification of water resource caution areas needed for imposition of reuse requirements pursuant to Rule 62-40.416, F.A.C., may be accomplished before publication of the complete District Plan. (3) Based on economic, environmental, and technical analyses, a course of remedial or preventive action shall be specified for each current and anticipated future problem. (4) Remedial or preventive measures may include, but are not limited to, water resource projects; water resources restoration projects pursuant to Section 403.0615, Florida Statutes; purchase of lands; conservation of water; reuse of reclaimed water; enforcement of Department or District rules; and actions taken by local government pursuant to a local government comprehensive plan, local ordinance, or zoning regulation. (5) District Plans shall also provide for identifying areas where collection of data, water resource investigations, water resource projects, or the implementation of regulatory programs are necessary to prevent water resource problems from becoming critical. (6) District plans shall address, at a minimum, the following subjects: (a) District overview; (b) Water management goals; (c) Water management responsibilities, including: 1. Water supply protection and management, to include needs and sources, source protection, and a schedule for recharge mapping and recharge area designation. Effective 1-7-97 22 DEP 1997 WATER POLICY 62-40 2. Flood protection and floodplain management. This shall include the District's strategies and priorities for managing facilities and floodplains, and a schedule for District mapping of floodplains. 3. Water quality protection and management for both surface water and ground water. This shall include the District's strategies, priorities, and schedules to develop pollutant load reduction goals; and 4. Natural systems protection and management. This shall include a schedule for establishing minimum flows and levels for a priority selection of surface waters and ground waters in the District, considering ground water availability and surface water availability, and a schedule for establishing protection areas for surface waters in the District, where appropriate. (d) For each water management responsibility, the following shall be included: 1. Resource assessments, including identification of regionally significant water resource issues and problems, and determinations of the need for ground water basin resource availability inventories in various portions of the District; 2. Evaluation of options; 3. Water management policies for identified issues and problems; 4. Implementation strategies for each issue and problem, including tasks, schedules, responsible entities, and measurable benchmarks_ (e) Integrated plan, describing how the water problems of each county in the District are identified and addressed; (f) Intergovernmental coordination, including measures to implement the plan through coordination with the plans and programs of local, regional, state and federal agencies and governments; and (g) Procedures for plan development, including definitions and public participation. (7) District Plans shall be developed expeditiously and may be phased. Ali District Plans shall be accepted by the Governing Board no later than November 1, 1994. A District Water Management Plan is intended to be a planning document and is not self-executing. (8) At a minimum, District Plans shall be updated and progress assessed every five years after the initial plan development. Each District shall include in the Plan a procedure for evaluation of the District's progress towards implementing the Plan. Such procedure shall occur at least annually and a copy of the evaluation shall be provided to the Department each year by November 15 for review and comment. (9) Plan development shall include adequate opportunity for participation by the public and governments. Districts shall be deemed to have afforded adequate opportunity for participation to the public and governments, by holding public workshops with advance notice by publication. Districts shall hold public workshops at Effective 1-7-97 23 DEP 1997 WATER POLICY 62-40 least four months before Plan acceptance by the Governing Board. At the workshops, a preliminary list of schedules to be included in the Plan shall be presented. Specific Authority 373.026, 373.043, 403.061(33), 403.805 FS. Law Implemented 373.016, 373.026, 373.033, 373.036(4), 373.0391(2)(e), 373.042, 373.106, 373.103(7), 373.114, 373.171, 403.064, FS. History -- New 5-5-81, Formerly 17-40.09, Amended 12-5-88, Formerly 17-40.090, Amended 8-14-90, 12-17-91, Formerly 17-40.501, 17-40.520, Amended 7-20-95, 1-7-97. 62-40.530 Department Review of District Water Management Pians. (1) After acceptance by the District Governing Board, District Water Management Plans shall be submitted to the Department. (2) Within sixty days after receipt of a Plan for review, the Department shall review each Pian for consistency with this Chapter and recommend any changes to the Governing Board. (3) After consideration of the comments and recommendations of the Department, the Governing Board shall, within sixty days, either incorporate the recommended changes into the Plan or state in the Plan, with specificity, the reasons for not incorporating the changes. (4) Plan amendments shall follow the same process as for initial Plan acceptance. Specific Authority 373.026(10), 373.043, FS. Law Implemented 373.026(7), 373.036(4), 373.114, FS. History -- New 7-20-95. 62-40.540 Water Data. (1) All local governments, water management districts, and state agencies are directed by Section 373.026(2), F.S., to cooperate with the Department in making available to the Department such scientific or factual data as they may possess. The Department shall prescribe the format and ensure the quality control for all water quality data collected or submitted_ (2) The Department is the state's lead water quality monitoring agency and central repository for surface water and ground water information. The Department shall coordinate Department, District, state agency, and local government water quality monitoring activities to improve data and reduce costs. (3) The U.S. Environmental Protection Agency water quality data base (STORET) shall be the central repository of the state's water quality data. All appropriate water quality data collected by the Department, Districts, local governments, and state agencies shall be placed in the STORET system within one year of collection. Effective 1-7-97 24 DEP 1997 WATER POLICY 62-40 (4) The Department's biennial state water quality assessment (the "305(b) Report") shall be the state's general guide to water quality assessment and should be used as the basis for assessments unless more recent, more accurate, or more detailed information is available. (5) Appropriate monitoring of water quality and water withdrawal shall be required of permittees. (6) The Districts shall implement a strategy for measuring, estimating, and reporting withdrawal and use of water by permitted and exempted users. Thresholds for measurement requirements and reporting applicable to permittees shall be established and adopted by rule. (7) The Department and the Districts shall coordinate in the development and implementation of a standardized computerized statewide data base and methodology to track activities authorized by environmental resource permits in wetlands and waters of the state. The data base will be designed to provide for the rapid exchange of information between the Department and the Districts. The Department will serve as the central repository for environmental resource permit data and shall specify the data base organization and electronic format in which the data are to be provided by the Districts. Specific Authority 373.026, 373.043, 403.061(33), FS. Law Implemented 373.026(2), FS. History -- New 7-20-95. PART VI WATER PROGRAM ADMINISTRATION AND EVALUATION 62-40.610 Review and Application. (1) This Chapter shall be reviewed periodically, but in no case less frequently than once every four years. Revisions, if any, shall be adopted by rule. (2) Within 12 months after adoption or revision of this Chapter, the Districts shall have revised their rules and reviewed their programs to be consistent with the provisions contained herein. (3) District rules adopted after this Chapter takes effect shall be reviewed by the Department for consistency with this Chapter. (4) At the request of the Department, each District shall initiate rulemaking pursuant to Chapter 120, Florida Statutes, to consider changes the Department determines to be necessary to assure consistency with this Chapter. The Department shall be made a party to the proceeding. (5) District water policies may be adopted which are consistent with this Chapter, but which take into account differing regional water resource characteristics and needs. Effective 1-7-97 25 DEP 1997 WATER POLICY 62-40 (6) A District shall initiate rulemaking or program review to consider implementation of programs pursuant to Sections 373.033, 373.042, 373.106, Part III, or Part IV of Chapter 373, Florida Statutes, where the Department or District determines that present or projected conditions of water shortages, saltwater intrusion, flooding, drainage, or other water resource problems, prevent or threaten to prevent the achievement of reasonable -beneficial uses, the protection of fish and wildlife, or the attainment of other water policy directives. (7) The Department and Districts shall assist other governmental entities in the development of plans, ordinances, or other programs to promote consistency with this Chapter and District water management plans. Specific Authority 373.026, 373.043, 403.061(33), FS. Law Implemented 373.016, 373.033, 373.042, 373.106, 373.114, FS. History - New 5-5-81, Formerly 17-40.10, 17-40.100, Amended 12-17-91, Formerly 17-40.601, 1740.610, Amended 7-20-95. Effective 1-7-97 26