Loading...
HomeMy WebLinkAboutPacket 02-18-2003 y� s9 CE r City of Cape Canaveral .- - ` CITY DF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 18, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEW: Bill Leach, Business & Cultural Development Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 4, 2003. 2. Resolution No. 2003-05; Appointing an Alternate Member to the Library Board, Harry Pearson. 3. Quarterly Treasurer's Report and Budget Amendments for the First Quarter of Fiscal Year 200212003. CONSIDERATIONS: 4. Interlocal Agreement for Public School Facility Planning. ORDINANCES: Second-Public Hearing: 5. Motion to Adopt: Ordinance No. 02-2003; Amending Code Sections 110-334 & 110-383; Adopting a New Section 110-556; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C-1 and C-2 Zoning Districts. 105 Polls Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.El.us/cape e-mail: ccapecanaveral@cfl.rr.com CRY of Cape Canaveral, Florida City Council Regular Meeting 01 t. February 18, 2003 Page 2 6. Motion to Adopt: Ordinance No. 042003; Amending Chapter 22 of the Code or Ordinances; Providing for the Regulation of Exterior Building Colors within the CA C-2 and M-1 Zoning Districts. 7. Motion to Adopt: Ordinance No. 05-2003; Amending Chapter 2, Article Vi, Providing for a New Section 2-260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens. 8. Motion to Adopt: Ordinance No. 06-2003; Amending the Code of the City of Cape Canaveral Florida; Providing for a Stormwater Utility System; Providing Findings, Determinations and Powers; Providing Definitions and Construction, Providing for an Operating Budget; Providing for a Stormwater Utility Fee; Providing for Billing and Collection of Utility Fee; Providing for Program Responsibility; Providing for a Stormwater Utility Enterprise Fund. ORDINANCES: First Public Hearing: 9. Motion to Adopt: Ordinance No. 07-2003; Amending Sections 22-37, 22-43 and 22-44 of the City of Cape Canaveral Code Relating to the Community Appearance Board, for second reading. RESOLUTIONS: 10. Resolution No. 2003-06; Establishing a Stormwater Equivalent Residential Unit and an Equivalent Residential Unit Rate. 11. Resolution No. 2003-07; Support of Continued Beach Management Funding of$30 Million Annually. DISCUSSION: 12. Florida Department of Environmental Protection Stormwater National Pollutant Discharge Elimination System [NPDES] Permit. REPORTS: 1, City Manager 2. Staff 3. City Council Au: City of Cade Canaveral, Florida City Council Regular Melting .,.. February 18, 2003 Page 3 ADJOURNMENT: Pursuant to Section 286.0105,Florida statutes,the City hereby advises the public that If 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 ClerKs office(868-1221)48 hours in advance of the meeting_ FROM : STER-TH I NUEST IGAT I tk SVS FAX NO. : 321 7390125 Feb. 05 2W3 11:58AM P 1 �P Pada 1 of 2 Coutrcii J pity,Hall(Home Page C-y of Cape Ca=v" City Bad Addeo Most Prw and Farr to Our Office w(32I)N&1248: Ap lkM Name: ,�I�-L G 1 Now r : - l7�a Homo Address: 16 LeN Eg*9- �?L t/10 (?f�iae Addtr�x: Brief Dmsmipt m orf Eftcatiaa and EVwimw fA907CAZ 4LdnE�-A of Cay? �X��•�z_ � iv;-�,t/ v_ ) CW421 Q ,C PnJfL .�sR jf Are you a relWaad valet!►Yes: >✓ No: Rave you been*ns of rbc City for 12 morphs ar lamw 7ras: ✓ No: Boymo asently bold spabbe offiml Yu. NOC Aw Y0UF wVWcd b'Bre City?Yes: 1lo: At&c pt+WW tuna,do you w v on a City Board?Yts: _ No- k ft prcxmt d=do Amy of dw foloiog znwim of yoar Sarva an*P Coy Cmadt fobw,:mat6w.son,dm4Wc r,btalller,sister,wwlc. aw-Crnn oAK%.stpc+r,mom bm bmd.wjfei,Pla4mmPC.mkt,c ther-m-l—xtr lm-w4m,waim4ow.4w3Aur-w4Aw,l mdW-A- law,*,W-in-law,sWithw.mpoodw.Owsm sM*u*W.Owkedw, W,h&WO&W ar UY lime Yes me. At the prapent titnq da+W o�tha tolian sg relativas t Pouts serve on aay odw City board,cooui*m cc spww dish sBwAL,%e+Iovok ��ar��>ng at'�vr�lc a half blood? Yes: No Fbmc specify on which.CM board you asp iutimwA m su-mg:(irtdicaac PArefercmc,I sot,2nd.ltd.,aw) "Tr R Hoard dl asaaar* % aoa" cad.md4rrrr.,• - wIP*+ ; Paraof —L*bn" Plsaoing diel` Rrac�eyjou MW://myflarida xftWcgWbowd&m—huW ?JSf2g03 FROM : STEALTH INVESTIGATIVE SUS FAX N3. : 321 ?9%1.25 Feb. 05 200 1158A P2 bmrdapp Page 2 of Z *Afearkys of dwse Boar*are riegwr9ed to compkst Fs'v&WW lXwlncrre Form qwn appoinEwoo!n raid Board anJ prior eo July t stk of erica+ )*O'fnJ(owiag doe initial appaenument wlrle SdU a member ufsaid.Voar- pkaae list WbM gots feel we yovs guel watmas m save tts m m mher m me of Ow CiWs BoWs: y' e Avtc drJ !r ter . /v',- r✓ Pw/t 4-W, 67 LU && 6AAvPs-*f i;-- Ao rte,,-; . Jr-- 0.4- ✓Er /ll►! frrr hli� (!S/1�sS di [cti� !°�'��e !�`s!/*s Wadtd yvu aunudw wviwb an anadww City Bawd adw Oft the oWs)you kava adoelod on 60 fiM of this foo Yar: No: ✓ Apphc4W!;S'igaafte: Daft: PI BASIC NOM: • Mal aPPOB*DM to AnY Cjt9'Dowd is mb)W to City Covacd appruwai Mowiag a Masitmraew bdwa the City Camel at a regularly aobedaW meeting. • Yater qlphcobw wM ravift cOa Ddw for as o year&am tie daft c(c • tfyore al MM bane any gtiaabM r69wding thc ocaarpkWa of The WheMioa,pkasc oa mwa the city Clc&s office at 868-1221. http J/MYBonida-cosnlcape4�o�-kt MI 2J5nM February 10, 2003 VOLUNTEER BOARD VACANCIES All boards meet in the City Halt Annex, 111 Polk Avenue, unless otherwise noted BEAUTIFICATION BOARD: One alternate member vacancy. The Beautification Board plans and proposes landscaping and beautification programs to the City Council. Board meets the second Tuesday of every month, at 7:00 p.m. BOARD OF ADJUSTMENT: One alternate vacancy. The Board of Adjustment grants special exceptions and variances; hears appeals regarding decisions made by the Building Official. The Board meets on an"as needed"basis. Meetings are held on Monday evenings. BUSINESS & CULTURAL DEVELOPMENT BOARD: Two alternate member vacancies. The City of Cape Canaveral established a Commercial Development Board to assist and encourage the development of business, commerce, industry and tourism within the City. The Board meets the third Wednesday of every month at 7:00 P.M_ CODE ENFORCEMENT BOARD: One alternate member vacancy. The Code Enforcement Board examines cases presented by the City's Code Enforcement Officer; the board is empowered to levy fines against citizens violating City codes. The Board meets every month, on the Thursday following the second regular Council meeting, at 7:00 P.M. COMMUNITY APPEARANCE BOARD: Two alternate member vacancies. The Community Appearance Board is newly established to achieve a harmonious appearance for proposed buildings or structures in the community. The Board meets the first and third Monday of every month. (Applicants must be City residents and have training or experience in art, architecture, community planning, land development, real estate or other relevant business or profession, or by reason of civic interest.) CONSTRUCTION BOARD OF ADJUSTMENTS&APPEALS: Two Member vacancies. The Construction Board is responsible for hearing appeals of the decisions of the City's building Official. Board meets on an"as- needed"basis. LIBRARY BOARD: The Library Board advises and consults with the Librarian on the operation of the Library. The Board meets the second Tuesday of every other month at the Cape Canaveral Library at 2 PM_ PLANNING&ZONING BOARD: One alternate member vacancy. The Planning and Zoning Board acts in an advisory capacity to the City Council in matters relating to zoning and land use. The Board meets the tad and 0 Wednesday of every month. RECREATION BOARD: One alternate member vacancy. The Recreation Board advises the City Council on matters pertaining to public parks and recreation. Board meets on the 4th Monday of every other month, at 5-00 P.m. Citizens interested in serving an any City Board may obtain applications from the City Clerk's office. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 4, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Todd Morley, Acting Building Official Dave Sargeant, Fire Chief, CCVFD Mayor Pro Tem Petsos requested a moment of silence in acknowledgement of the seven astronauts lost in the Columbia mission. PRESENTATIONS: Kim McIntire and Suzanne Sparling Recognition of the 2002 Reindeer Run 5K Proceeds to the Brevard County United Way Ms.Kim McIntire, Race Director, recognized the Business and Cultural Development Board members present at the meeting, Bill Young, Gayla Schaefer and Paul Hurley. She continued with recognition of the Reindeer Run race sponsors for their participation. The law offices of Tony Hernandez, III provided Corporate Sponsorship for the second year with a donation of$2,500. Porter World Trade in a new level of sponsorship of 3-star Community Event Partner donated all the awards and provided discounted T-shirts for the event. Mary Meibers accepted recognition for their participation. Ms. McIntire then recognized the major sponsors. Paul Malluchio of Blue Note who provides all promotional materials for the event. City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 2 Julie Song from Clear Channel Outdoor, accepted recognition for their in-kind billboard advertising. Rex Thompson from Coastal Fuels accepted as a major sponsor for a $1,000 cash donation. Mindy Levy from Lite Rock 93.3 accepted for their in-kind event promotion and race day participation. Jim Morris from Tech Vest, Inc. accepted as a major sponsor for a $1,000 cash donation. Ms. McIntire related that Pam Warren of Universal Orlando another major sponsor donated an exclusive VIP tour for four guests to Universal Studios and Islands of Adventure valued at$3,500 as the Grand door prize. Jim Tuggle from Waste Management accepted as another major sponsor for a $1,000 cash donation. Ms. McIntire reported 226 registrants this year and she presented a check to Rob Rains, President of the Brevard County United Way and Suzanne Sparling in the amount $8,239.97. Mr. Rains presented a recognition to Ms. McIntire for her efforts. He stated that the campaign raised $4.9 million overall this year and the awarded check represents the first funds for the new campaign. Mayor Randels presented recognitions to Ms. McIntire and Ms. Sparling on behalf of the City. Pam Warren, of Universal Studios, arrived at this time and accepted recognition and related that the VIP tour allowed the winning guests to create their own tour. BOARD INTERVIEW: Harry Pearson, Library Board Attorney Garganese asked Mr. Pearson why he felt that he was qualified to serve on the Board. Mr. Pearson related that libraries were his salvation when living in other countries. Attorney Garganese asked what he thought he could add to the Board. Mr. Pearson stated he would bring his enthusiasm for books and libraries in general. He stated that he lived in Cape Canaveral for twelve years and helped the library with their book sales. Mayor Randels related that Mr. Pearson was the first person at the book sales and the last to leave and he thanked him for his effort at this worthwhile event. Mayor Pro Tem Petsos expressed his appreciation. Mr. Morgan reiterated Mayor Pro Tern's response. Mr. Treverton asked Mr. Pearson for this thought on the primary purpose of the public library. Mr. Pearson responded that education is one of the primary functions especially using electronic assistance however the written word prevails. Mayor Randels stated that a resolution to appoint Mr. Pearson to the Board would be placed on the next City Council regular meeting agenda. Mr. Pearson commented that in some places libraries systems are in jeopardy however in Brevard County libraries abound. Mayor Randels thanked him for his interest. Mayor Randels asked the Council members if they desired to hear from a predominate group in the audience that wanted to speak but were not on the Agenda. He noted that this is usually done at the conclusion of a Council meeting but due to the number in the interested party he asked if they could be heard first. Mr. Treverton expressed that the Council needed to conduct the City's business within a certain time and asked if a time limit could be placed on those who desired to address the Council. City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 3 Ms. Helen Filkins stated that she has lived in the City of Cape Canaveral for 33 years in Harbor Heights. She stated that she had spoken to the City Manager and inquired about who had given direction for the peacock elimination. Ms. Filkins spoke on behalf of the peacocks and stated that people had contacted her and expressed their favor with the peacock's presence. Ms. Filkins related that Mr. Eberwein had told her that the peacocks have been here since the 1850's. She stated that they were here before the residents. Ms. Filkins expressed her disfavor with a comment from Mr. Boucher that the peacocks are a public safety issue. She related that the peacocks seem to deter speeding in Harbor Heights and speeding is a public safety issue. She also related that in California, for example in Arcadia, laws are passed to protect the peacocks. Ms. Filkins related that someone is privately removing the birds. Ms. Filkins related that a law should be passed in Cape Canaveral that would protect the peacocks. Mayor Randels related that in response to Ms. Filkin's telephone call, homes were found for many peacocks. Some were also taken to the Humane Society for assistance in finding homes. Mayor Randels related that to the Council's understanding homes were found for some of the peacocks and he directed the City Manager to cease any further trapping once the City became aware that homes were not being found. Ms. Filkins related that peacocks are assets to the City and closed by saying that in California the cities advertise to promote free-roaming peacocks. She also related that Cape Canaveral was commended for its free-roaming peacocks. She asked that the City consider protecting them. Mayor Randels gave Ms. Filkins information from the University of Florida Extension Service regarding Florida's Bird Sanctuary Program. Mr. Morgan related that the Council was not in favor of the birds being killed and that was most unfortunate. Mr. Leo Nicholas expressed an opposing view in that the Eberwein family kept the peacocks as a domestic animal within the boundaries of their property. Once the Eberwein family moved the peacocks migrated from their land. He expressed that the animals defecate on his and the property of others. Mr. Nicholas stated that although he did not desire to see the peacocks killed, he would like a measure of control such as is done with wild cats. Mayor Randels distributed photos provided by the City Manager. Mr. Boucher replied to the audience that the photos were taken of the peacocks in April prior to the trapping. Mayor Randels stated that the City has taken action and ceased trapping. Ms. Lisa Visconti addressed the Council and related that peacocks have one certain area to defecate in the woods however development hinders this. She read a quote from St. Francis of Assisi and expressed that it a duty to protect the lives of these animals. She related that an inside source from the Humane Society told her that the birds were euthanized excluding a few. She said that Public Works staff was directed by the City Manager to trap the birds and this City employee said that shooting them was acceptable. Ms. Visconti requested a protection for the peacocks. She stated that euthanization is not an environmentally sound procedure. She said that the Humane Society would keep a list of City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 4 names and telephone numbers for people who would like to adopt the birds. Mayor Randels stated that the City has acquired names of those who like to adopt peacocks. Mayor Randels summarized that the consensus of the group is that no more peacocks would be euthanized. Ms. Evelin Reid, of 220 Coral Drive and resident of Harbor Heights for 30 years, asked if the City would work together with the residents to provide a solution. Mayor Randels asked if her group would assume some responsibility on population reduction. Mayor Randels related that some unknown person is arbitrarily picking up the peacocks. Mr. Boucher related he contacted the Florida Fish and Wildlife Commission to ascertain if this person was breaking a law and their response was no and the Commission could only regulate if the birds were treated in an inhumane or cruel manner. Mayor Pro Tem Petsos said that if residents would obtain the individual's license plate, it would help with apprehending the individual. Mr. Treverton also said that trespassing might be a manner of capture, if the person is using a trap. Ms. Reid restated that the City work with the residents on this issue. Mr. Frank Kizis who has lived in the Harbor Heights area for about 40 years addressed the Council. Mr. Kizis related that he did not get satisfactory answers from the City regarding this issue. He stated if any animals are taken to the Humane Society, they are put to sleep if a home is not found. He related that other organizations to which he belongs such a P.E.T.A., People for the Ethical Treatment of Animals, the International Fund for Animal Welfare, Fund for Animal Welfare and the Defenders of Wildlife have contacted him and they would like to take further action. Mr. Kizis stated that a small segment of the community could take care of the peacocks as well as limit the population. Mr. Kizis ended by saying that as humans we do not have more rights, but more responsibilities. Ms. Judy Lau, of 211 Coral Drive, said up to this point no City policy was considered. She stated that a policy would provide an underlying framework for the committee to act responsibly and with authority. Ms. Lau recommended specific guidelines on the peacocks other than as a general public safety issue. Mr. Hans Saurenmann, of 345 Coral Drive, expressed that the trust is gone for City government. He stated that every day, nearly every hour two employees from Public Works drive throughout his neighborhood for peacocks. He was aware that some 200 peacocks were removed. Mr. Saurenmann stated that he lives amicably with the roaming peacocks. He said that a few residents do not make a difference and the issue appears to be a conspiracy. Mr. Saurenmann stated that the Council might not have been fully aware of the situation and said that the City Manager is to blame. Mr. Saurenmann stated that he spends $400 a month feeding the peacocks and he also stated that no one has the right to trespass on property to trap and remove the birds and the City is liable for trespass. He requested a resolution that would protect all animals in the City not only peacocks. Mr. Saurenmann provided historical insight and stated that the peacocks were in the City first and summarized the progressive settlement that led to the peacock's arrival in 1421 with Chinese immigration. Mr. Saurenmann referred to a memo from the Cape Canaveral City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 5 Volunteer Fire Department. Mr. Saurenmann read the memo entitled, "Peacock Incident on Coral Drive" that related a young boy riding his bike to school ran into a peacock and fell. Mr. Saurenmann stated that the children chased the peacocks with their bicycles and this time a child was injured. He stated that the City Manager acted on hearsay and Mr. Saurenmann demanded the City Manager's removal. Mr. Saurenmann submitted a copy of the CCVFD memo and two other documents for the record. Mayor Randels requested input from the interested party who desired to draft a resolution. He reiterated that the Council did not desire to have the birds euthanized. Mr. Morgan related that the desire was to relocate the peacocks and killing them was not the Council's intention. Mr. Treverton stated that the Council directed the City Manager to thin the population in a humane manner and eradication was not the intent. He also stated that there was no conspiracy and the minutes of previous Council meetings would reflect any discussion. Mayor Pro Tem Petsos requested that the City remove the trap left by the unknown individual if in the right-of-way. Ms. Filkins requested that the Council notify residents by way of an agenda or in the newspaper prior to decision-making on issues such as thinning the peacock population. Mr. Forrest Burke, of 353 Coral Drive, expressed that he has lived in the area for many years and the peacock population grew over time. Mr. Burke expressed that his neighbor, Mr. Saurenmann, feeds the birds that causes an aggregate population and when Mr. Saurenmann turns on his sprinklers the birds move over and defecate on his lawn. He stated that a congregated numbers leave residual feces on his own and neighboring property. He expressed that he favors the birds in a smaller number. Mr. Kizis gave the City Clerk a signed petition from the residents in the Villages of Seaport for public record. Mayor Randels adjourned the meeting at 8:13 P.M. for a brief recess. Mayor Randels called the meeting back to order at 8:21 P.M. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 21, 2003. 2. Outdoor Entertainment Permit for the Patriots Day Parade. No request was made to remove the items for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Consent Agenda Items No. land 2. 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. City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 6 CONSIDERATIONS: 3. Motion to Approve: Request for Proposal for City Attorney— Professional Legal Services. Mr. Treverton stated he read the minutes of the previous meeting. He expressed that Attorney McQuagge did a good job for the City and he would have voted for him up to that point. However, he left his position and Attorney Garganese was retained and has done a good job as well. Mr. Treverton expressed that since the attorneys do comparatively good work, he chose to cast his vote toward loyalty. Mayor Randels explained that the final decision was for the Council to direct the City Manager to negotiate with the top-ranking firm. Mayor Pro Tem Petsos recommended that the City Manager negotiate on some of his previously stated concerns on the billing issue. Mayor Randels commented that his decision was based on the firm's experience with municipal law. Mr. Hurley inquired if negotiation would be based on cost. Mayor Randels replied that the Consultant's Competitive Negotiation Act, CCNA, is the standard for negotiation and negotiations would be based on the City's requirements set forth in the proposals. Mr. Hurley asked why cost is not a driving factor in negotiation since both attorneys have comparative skills. Mayor Randels explained that experience in municipal law was more important than cost. Mr. Nicholas stated that State statutes set CCNA procedures and the guideline is negotiation with the top-ranking firm first. A motion was made by Mr. Treverton and seconded by Mr. Hoog to approve Brown, Ward, Salzman and Weiss, P.A. as the top-ranking firm in the City Attorney Request for Proposal. 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: First Public Hearing: 4. Motion to Adopt: Ordinance No. 02-2003; Amending Code Sections 110-334 & 110-383; Adopting a New Section 110-556; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C-1 and C-2 Zoning Districts, for second reading. Mayor Randels read Ordinance No. 02-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CODE SECTIONS 110-334 & 110-383; ADOPTING A NEW SECTION 110-556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 &C-2 ZONING DISTRICTS; 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. Mayor Randels stated that the intent of the ordinance is to delete rental vehicles and to add vehicle rental facility to the code section language. Mayor Pro Tem Petsos related that this ordinance was created to regulate the number of rental facilities in the City. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 7 informed that the Planning and Zoning Board set guidelines such as future rental agencies would be located at least one-third mile from an existing rental facility; and minimum lot width would provide a densely planted green belt of not less than 15-feet in width penetrated only at the points approved by the Board for ingress and egress with minimal visibility from the street. Also, all outdoor paging or speaker systems are strictly prohibited. Only temporary storage, not to exceed 30-days, is allowed for unused or wrecked vehicles and vehicle maintenance must be done in a fully enclosed structure. Mr. Gene Petre asked if the City allows used car lots. Mayor Randels replied that used car lots are not permitted but are allowed with a special exception. Mr. Nicholas replied on used car lots and stated that under special exception, provisions could be applied by the Boards to disallow outdoor speakers. Mr. Treverton asked if the one-third mile distance requirement would prevent a future rental car facility. Mr. Nicholas replied that there is still available space on North Atlantic Avenue. Mr. Treverton asked how the Board arrived at the calculation. Mr. Nicholas replied that the calculation was based on suitability. Mr. Nicholas brought out that the number of visible cars on the lot at any one time was a concern and he requested that the Board address this issue. Mayor Pro Tem Petsos referred to Paragraph 5 that reads, "Cars shall be placed in a paved and striped parking area." Mr. Hoog reminded that the amount of allowable space could result in many visible cars. Mayor Randels stated that the green belt is important and a clause in the ordinance provides for 15-foot width green belt around the facility. He related from Paragraph 4 that this provision applies to all property lines abutting public right-of-ways or properties zoned residential. Mayor Pro Tem Petsos replied to Mr. Hoog that his question on landscaping height would be discussed in an upcoming ordinance. Mr. Treverton reminded to include North Atlantic Avenue in the ordinance since the provision was specific to the Al corridor. Mayor Randels concluded that Section 110-556, paragraph (b), line two would read after deleting abutting US Highway Al A, "minimum lot area for facility shall be 12,000 square feet." Item 3 below that portion would read, after deleting abutting US Highway AIA, "minimum lot width for facilities shall be 100 feet." Mayor Randels summarized that this ordinance provides a limitation however special exceptions would still permit vehicle rental facilities in the C-1 and C-2 zoning districts. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 02-2003 for second reading. 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. 5. Motion to Adopt: Ordinance No. 03-2003; Amending Chapter 110 of the Code of Ordinances; Providing for Off-Street Parking Space Allocations within the C- 2 Zoning District; Providing for Density and Height Requirements for Landscaping, Screening, Fencing, Walls and Hedges within the C-2 Zoning District; Providing for the Removal of Maximum Height Restrictions for Landscaping, Hedges and Vegetation Screening, for second reading. Mayor Randels related that restricting the hedge height in the residential zoning district was a burden to property owners and should be eliminated. Since establishing the C-2 zoning City of Cape Canaveral, Florida City Councit Regular Meeting February 4,2003 Page 8 district, a hedge height restriction is being considered for that zoning area and would include residential. Mayor Randels read Ordinance No. 03-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR OFF-STREEET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR DENSITY AND HEIGHT REQUIREMENTS FOR LANDSCAPING,SCREENING, FENCING,WALLS AND HEDGES WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REMOVAL OF MAXIMUM HEIGHT RESTRICTIONS FOR LANDSCAPING, HEDGES AND VEGETATION SCREENING; 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. A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve Ordinance No. 03-2003 for discussion. Mr. Morgan brought out that impeding traffic was the issue when previously discussed. Mr. Hoog referred back to Section 910-470 in that no fence, wall or hedge shall exceed 4-feet in height. Mr. Morgan replied to Mr. Treverton that there is a right-of-way requirement that regulates hedges. Mr. Hoog stated that this ordinance is acceptable for commercial areas but should not apply to residential. Mr. Morgan expressed the need to move landscaping back further in order to avoid obstruction in the sidewalk by a mature shrub. Mr. Morgan expressed to see that the type of vegetation, character and canopy be taken into consideration. Mayor Randels asked for the Council's direction to the Board. Mr. Todd Peetz, City Planner, related that the Board's concern was potential Code Enforcement issues. He expressed that perhaps the issue was maintenance and not height saying that if maintained, landscaping would not encroach onto a neighbors yard. Mr. Hoog expressed that he did not favor hedges that obstruct visibility. Ms. McNeely stated that greenery was favored over fences. Mayor Randels summarized that the Council desired the Planning and Zoning Board to revisit this issue and consider the type of vegetation, height and growth and potential encroachment. A motion was made by Mr. Hoog and seconded by Mr. Morgan to refer Ordinance No. 03-2003 back to Planning and Zoning Board for further discussion. 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. 6. Motion to Adopt: Ordinance No. 04-2003; Amending Chapter 110 of the Code or Ordinances; Providing for the Regulation of Exterior Building Colors within the C-1, C-2 and M-1 Zoning Districts, for second reading. Mayor Randels read Ordinance No. 04-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-1,C-2 AND M-1 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 9 INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that bright or brilliant colors would not be allowed as exterior building paint colors in order to provide a more uniform aesthetic in the community. Ms. McNeely related that this ordinance originated from the Community Appearance Board. She said that the language provides leeway for the Board's authority to make recommendations but would not restrict the applicant. Mr. Treverton expressed that there is enough latitude in the language using the verbiage bright or brilliant to provide authority for the Board. He related that McDonald's chose brighter colors when repainting their building that differed from their initially subtle earth tones. He inquired what would happen if a party would choose to repaint in the future? Mr. Hoog asked Mr. Morley if painters are regulated. Ms. Bowers responded that painters are regulated from a competency or occupational standpoint. Mr. Morley asked how the building would come before the Community Appearance Board after-the-fact. Mayor Randels replied that Code Enforcement would need to address situations after-the- fact. Mr. Nicholas pointed out that code section was considered in the zoning because the subject referred to zoning districts however the ordinance applies to aesthetics. Attorney Garganese replied that the ordinance could be restructured and applied to the Community Appearance Board Code Section instead. Attorney Garganese replied to Mayor Randels that he would create conforming amendments to move the ordinance to Chapter 22 of the City code. Mr. Morley related that a resident constructed a tent that is not in violation of any building code or a code enforcement violation. However, a mechanism through the Community Appearance Board might remedy issues such issues. Main motion as amended: A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 04-2003 for second reading. 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. An amendment to the main motion was made by Mayor Randels and seconded by Mr. Morgan to direct the City Attorney to make conforming amendments and set forth in Chapter 22. 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. 7. Motion to Adopt: Ordinance No. 05-2003; Amending Chapter 2, Article VI, Providing for a New Section 2-260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens, for second reading. Mayor Randels read Ordinance No. 05-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2-260 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; 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, City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 10 Mayor Randels informed that the City Attorney recommended a manner to provide a formal mechanism for the satisfaction or reduction of code enforcement liens. Attorney Garganese stated that under current Code procedure only the City Council can satisfy or release a lien and if the Council chooses to reduce a lien, it is at their discretion; however, at this time there is no formal procedure for release or reduction of a Code Enforcement lien. Mayor Pro Tem Petsos asked if upon satisfaction or reduction of lien would the person pay the fine or would they request to pay a reduction of the fine. Mayor Pro Tem Petsos said that he desired to have them pay for the Satisfaction or Release of Lien. Mayor Randels read "the violator shall submit at the time of application payment to the City in the amount necessary to reimburse the City for its costs associated recording the order imposing penalty. These costs are non-refundable without regard for the final disposition of the application of the Satisfaction and Release of Lien."Attorney Garganese clarified that the individual pays for the application of the cost to release the lien plus recording cost. Mr. Morgan requested that a provision or mechanism for recording a Satisfaction of Lien be included. Mr. Boucher stated that the City records Claims and Satisfactions of Lien. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 05-2003 for second reading. 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. 8. Motion to Adopt: Ordinance No. 06-2003; Amending the Code of the City of Cape Canaveral Florida; Providing for a Stormwater Utility System; Providing Findings, Determinations and Powers; Providing Definitions and Construction; Providing for an Operating Budget; Providing for a Stormwater Utility Fee; Providing for Billing and Collection of Utility Fee; Providing for Program Responsibility; Providing for a Stormwater Utility Enterprise Fund, for second reading. Mayor Randels read Ordinance No. 06-2003 by title. AN ORDINANCE AMENDING THE CODE OF CITY OF CAPE CANAVERAL, FLORIDA CREATING A STORMWATER UTILITY SYSTEM PURSUANT TO SECTION 403.0893, FLORIDA STATUTES, AND OTHER APPLICABLE LAW; PROVIDING FINDINGS DETERMINATIONS AND POWERS; PROVIDING DEFINITIONS AND CONSTRUCTION; PROVIDING FOR OPERATING BUDGET; PROVIDING FOR THE CREATION OF A STORMWATER UTILITY FEE; PROVIDING FOR BILLING AND COLLECTION OF A STORMWATER UTILITY FEE; PROVIDING FOR PROGRAM RESPONSIBILITY; PROVIDING FOR STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR PARTIAL INVALIDITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO CODE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that the City was mandated to create a stormwater utility management program and this ordinance would establish the utility. Mr. Morgan inquired about the stated October 1St billing date. Mr. Boucher said that he spoke with Mr. Robert Day of St. John's River Water Management District and the date could be changed to City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 11 .January 1, 2004. Mayor Pro Tem Petsos questioned Section 5.04, Method of Collections and requested to remove late fees. Attorney Garganese advised to retain "attorneys fees and costs." Attorney Garganese requested a technical change in Section 5.02; to delete the specific rate amount from the ordinance and insert"ERU rate" since the resolution would establish the actual rate amount. Mayor Randels clarified in Section 5.02 that the plan is to delete, "the$3.00 rate" and insert"ERU rate„ and also to delete subsequently"rate per ERU" and substitute with"ERU rate.' Mr. Earhart referred to Section 12 and suggested "or its designee" be added after, "the City's Finance Department." Mr. Boucher clarified that the rate resolution would define the date of the effective rate. Attorney Garganese related a change under Section 4, Operating Budget and delete the last sentence that states, "the initial operating budget shall be for the fiscal year commencing 2003." He said that this would be inserted in the rate resolution. Attorney Garganese stated that the section still reads property as, "that each fiscal year the City must create an operating budget." Mr. Gordon England referred to Section 5.02 and inquired if the monthly fee would be computed monthly or yearly. Attorney Garganese stated that the definition covers that the fee is collected monthly. Mayor Randels clarified that there were no other changes to Section 5.02. Mr. England inquired about bonds however Mayor Randels replied that matching grants were the consideration at this time. Mr. Nicholas asked for feedback on the informational meetings. Mr. Morgan replied that there were approximately 40 people in the first meeting; 25 in the second meeting, and overall residents generally favored the program. The Council members that attended generated a list of questions from the feedback. Mr. Morgan commented that that he would have preferred to see more participation. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 06-2003 for second reading. The motion carried "with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. A motion was made by Mr. Treverton and seconded by Mayor Randels to continue the meeting until 10:15 P.M. 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: 9, Motion to Approve: Resolution No. 2003-03, Vacation of 10-Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. Mayor Randels informed that Gasper Fernandez requested the City to vacate a 10-foot utility easement in the rear of his residence. Mayor Randels stated that an existing pool and deck was placed over the easement. Mayor Randels also inquired if it is the Council's desire to relinquish City property. He replied to Mr. Morgan that the Public Works Director saw no future plans for use of the easement. Mr. Morley made two points: 1) that the pool permit was allowed based on wrong information on a survey that did no have the easement City of Cape Canaveral, Florida City Council Regular Meeting February 4, 20D3 Page 1,2 recorded on it and 2) Mr. Morley did not want to set a precedent to others that a vacation would be granted if information was submitted in error on an easement. A motion was made by Mr. Morgan and seconded by Mr. Treverton to approve Resolution No. 2003-03 to Vacate a 10-Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. The motion carried"with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. 10. Motion to Approve: Resolution No. 20034K Final Plat for Wendy's Business Park. Mr. John Allen, of Allen Engineering, displayed a storyboard and pointed out how the parcel division would occur and how parking would be accommodated between the two parcels. Mr. Morgan asked if the Building Department recommended approval. Mr. Allen responded that the Planning and Zoning Board had recommended approval. Mr. Allen affirmed to Mayor Pro Tem Petsos's question that the second parcel would meet the required setback. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Approve Resolution No. 20034K Final Plat for Wendy's Business Park. The motion carried "with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr, Treverton, For. DIC ION: 11. Interlocal Agreement for Public School Facility Planning. Todd Peetz, City Planner, explained that Florida Statutes 10-13 requires cities and counties to create an interlocal agreement between them and the School Board. The Department of Community Affairs encourages that all parties involved join together to act as one. Mr. Peetz relates that to date the Department of Community Affairs and the School Board agree with this draft document. He stated that Rockledge and Palm Shores have approved the agreement, Palm Bay would discuss it on February 7th and the Brevard County Commission would seek approval at their meeting on February 18th. Mr. Peetz explained that for the City of Cape Canaveral the intent of the agreement is for communication. The interlocal agreement would call for an annual staff working group and an annual meeting of elected officials. One of the new key requirements of the City is to calculate growth trends that would provide essential data for the School Board. Mayor Randels summarized that this data is a benefit in order for the School Board to implement expansion. Mr. Peetz informed that Section 4 provides for a Capital Outlay Committee that reviews the School Board's expenditures and also allows participation from the cities and the County. He related that Section 6 would apply to the City in that the School Board would be notified of new development. A non-voting School Board representative would be notified to attend the Planning and Zoning Board meeting where residential development is discussed. Mr. Peetz expressed concern with the language all new development and he said that Statutes read City of Cape Canaveral, Florida City Council Regular Meeting February 4,2003 Page 13 significant new development. Mr. Peetz replied to Mr. Morgan that significant development generates new children to an area. Mayor Randels stated that he felt the School Board should be notified of all Planning and Zoning Board meetings. Mr. Peetz explained that capacity would not be used as a concurrency item. Attorney Garganese informed that Item 6.5 is problematic because it can be interpreted as requiring school concurrency. He stated that a new paragraph 6.8 clarifies that this ordinance is not intended to address or create a school concurrency program. Attorney Garganese stated that development would cease if the school were at capacity until more capacity is provided. Mr. Peetz replied to Mayor Pro Tem Petsos's question that March 1 is the deadline for approval. He said that Council could agree to an abridged version and if the March 1 deadline were not met, the Comprehensive Plan would not be compromised. Attorney Garganese stated that if the March 1 deadline were not met the Department of Community Affairs would forward a notice to show cause and the City would need to show cause why we should not be sanctioned. The Department would be negotiating in good faith and would work through administrative levels. Mr. Boucher stated that this item would be an action item at the next scheduled meeting if the County could resolve all issues. REPORTS: Do to the lateness of the hour the City Manager and Staff did not report at this time. 3. City Council Mr. Morgan * Mr. Morgan inquired about the status of the Lincoln Avenue alleyway easement dedication. Mr. Boucher replied that consent was needed from one outstanding party toward the settlement agreement in this matter. Mayor Pro Tem Petsos Mayor Pro Tem Petsos inquired if the Florida League of Cities insurance could replace the vandalized shuttle and he expressed a desire to replace it in light of the recent event. Mr. Boucher would seek a response from the League. ADJOURNMENT: The Chair adjourned the meeting at 10:25 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Z- Meeting Type: Regular Meeting Date 0248-03 r AGENDA ?Y Heading Resolutions CfTY OF Item 2 WE cANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2003-05, APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD DEPT.IDIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-05, appointing Mr. Harry Pearson as an alternate member to the Library Board. Summary Explanation & Background: Mr. Pearson was interviewed by City Council on 02-04-03. 1 recommend approval. Exhibits Attached: Resolution No. 2003-05 JCity ag s Office Department LEGISLATIVE ca im\myd cuments \council\meetin 2003\02-18- 0C RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNTE MEMBER TO THE LIBRARY 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 Code Section 46-26, established the library Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one Second Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. UM Pearson is hereby appointed as a Second Alternate Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October.1 2005. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of February , 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 jrape-rikWtyclerklCityCtklResoMonsZOARoslAppointments\Ubrary Alfernate.doo boardapp Page 1 of 2 t:;ity�'•;t�r-rcil � Gity l�a�.! � }��rne..��� Cit:- of Cape Canaveral City Board Application Please Print and Fax to Our Office at (311) 868-1148: Applicant�amc: Y Y� /_'�G;]-- S r Home Telephone: 13, , %� f l74 Hoene Address: Business: Business Telephone: Office Address: Brief Description of Education and Experience: _Has lived all Over the wnr h. rfi when he was living in places where he did not know the language. Has always been an avid reader. Libraries have done so much for him and he would like to give something back. Are you a registered voter?Yes: No: Have you been a resident of the City for 12 months or longer?Yes: V" No: Do you currently hold a public office?Yes: No: Are you presently employed by the City? Yes: No: At the present time, do you serve on a City Board? Yes: No: At the present time do any of the following relatives of your serve on the City Council: father, mother, son, daughter,brother, sister, uncle, aunt, first cousin,nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-law. son-in-law, daughter-in-law, brother-in-law, sister-in-law. stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,half brother or half sister? Yes: No: 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 whole or half blood" Yes: No: ��; hmo: 1vtiv.v.:iivnorida..:om cuve.,hoardapp.html ' �� boa rdapp k'�ge 2 of 2 Please specify on which City Board you are interested in serving : (Indicate Preference, 1st, 2nd, 3rd, etc.) Board of Business&Cultural Beautif cation Board Development 'Hent P� Code Enforcement x, Communit• earance* Construc:ion Board Pp afAdjustmen:B.Appeals` Library Planning&Zoning Recreation *Members of these Boards are required to complete Financial Disclosure Forr;2 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: Would you consider serving on another City Board other than the one(s)you have selected on the front of this form? Yes: No: QApplicant's Signature: '�+`� `" _Y111- Date: SL— PLEASE MOTE: . Initial appointment 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 Clerk's Office at 363-1_21. attp:,;,�v.v�v.mytlorida.com/caperboardapp.html 10;1,02 MEMORANDUM DATE: FEBRUARY 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS } CITY TREASURER SUBECT: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE FIRST QUARTER OF FISCAL YEAR 2002103, QUARTER ENDED 12/31/02 I would like to take a moment and review the current budget transfer process. In years past the budget acceptance and aII transfers were adopted by Resolution. According to our Charter and State law, to maintain compliance with the State Statutes concerning our budget, both original budget and any amendments must be formalized with Ordinances. The last budget year we maintained the needed compliance by formally accepting our original budget by Ordinance, following the TRIM process. Because of the time and effort involved with preparing for the adoption of an Ordinance, each of the following three budget transfers would be presented to Council with a motion to approve. At the end of the year these transfers will be formalized into a Final Budget Amendment Ordinance. It is our hope that this process will simplify the compliance issues. REVENUES Over the past few years there has been much concern over the stability of the projected revenues. At this time our revenues received for the first quarter of the year are well within original projected levels. With Grant and internal transfer dollars removed they stand at 30% collected. This collection percentage is slightly lower than actual due to the timing of Garbage & Recycling payments received from the City of Cocoa. They are historically a month behind. The balance of the FRDAP Grant to renovate City Park is being recorded to fund the final stage of the plan. This grant has been booked in percentages, as the project has progressed. The basketball courts should be complete shortly and this grant will be completed and submitted for payment. The balance of expenditure to complete the court is reflected in the Recreation Department's transfer request. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. The renovation on City Hall, begun last fall, has at last been completed. Council approved a budget of$30,000 for the project. At the end of FY 2001102, $15,562 remained available to complete the project but were not included in the initial budget, adopted in September. It is requested that the $15,562 be divided between the accounts used for the specific tasks. Because many of the tasks were legitimately repair and maintenance of the building and did not represent a Capital expenditure, those expenditures were expensed out of the Repair and Maintenance account within the Street Department. There were also purchases of items of furniture that did not qualify as Fixed Assets. These were expensed out of the Operating Expenses account for Administration. The balance was expensed out of the Capital Improvement-Building account. Through an error within the budget worksheets, the four divisions of the Building Department, which includes Planning & Zoning, Community Appearance, Code Enforcement and Building. The Life and Health Insurance appropriations were materially underbudgeted. Amendments are made to correct this error with the funding coming from Contingency. The constituency of Cape Canaveral approved an increase in the Ad Valorem for Police services for the next fiscal year. Amendment to the current Sheriff's contract remained contingent upon this approved increase. At this time the Police Service Contract will increase to reflect the addition of the K-9 unit and the PSA.. These funds will be taken from reserves, as designated by Council. Future years will be funded with the additional Ad Valorem Tax. The Streets department requests an increase in the Capital Equipment account to fund the emergency purchase of an AJC unit for the West side of City Hall. The Code Enforcement Board along with the City Attorney has reviewed and updated the board procedures and Ordinances. Contract Services has funded the consultation charges and is now materially overbudget. It is requested that this account be funded to both handle the current expenditure and to fund any fixture services required. As was stated above, the Recreation Department is in the final completion stage with the City Park Renovation. Funds required to finish this project total an estimated $17,800. Of this. $14,297 is covered by the FRDAP Grant. The remainder, needed to complete the fence around the court, is taken from Contingency. It should be noted that Council has approved the basketball court at the 12/3/02 General Meeting. The Stormwater Bafflebox, approved at the 1011102 General Meeting, is funded under Stormwater Capital. It has also been requested by Public Works that $2,800 be appropriated to fund the engineering to design a new outfall drainage system for the Radisson Resort. The A1A Landscape project was approved and $222,707 was appropriated during the 10/15/02 General Meeting. Public Works has requested that this amount be increased by $2,475 to fund additional survey expenses by SSA. Refund of Prior Year Expenses for the Sewer Fund is increased due to an internal audit of the insurance payments. These funds partially offset the increase in Capital Equipment needed to purchase a Lab Pure Water System for the Lab. This will replace an existing system. This completes the requested Budget Amendments for the first quarter of the fiscal year 2002103. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 1213112002 1011102 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE GENERAL FUND REVENUE 001-300.1000 CASH FORWARD 160,393 221,995 382,388 001-334.7000 RECREATION GRANTS 112,500 17,800 130,300 AMENDED GENERAL FUND REVENUE 239,795 ADMINISTRATIVE DEPT. 001-2-513.5200 OPERATING SUPPLIES 5,000 3,165 8,165 AMENDED ADMIN. DEPT. EXPENDITURES 3,165 PLANNING &ZONING 001-3-515.2300 LIFE & HEALTH INSURANCE 460 1,838 2,298 AMENDED P&Z EXPENDITURES 1,838 PUBLIC SAFETY 001-4-521.3400 POLICE SERVICE CONTRACT 1,541,042 221,995 1,763,037 AMENDED PUBLIC SAFETY EXPENDITURES 221,995 BUILDING DEPT. 001-6-524.2300 LIFE & HEALTH INSURANCE 13,463 6,168 19,631 AMENDED BUILDING DEPT. EXPENDITURES 6,168 STREET DEPT. 001-7-541.4610 BUILDING & GROUNDS MAINTENANCE 20,450 5,847 26,297 001-7-541.6400 MACHINERY& EQUIPMENT 47,390 3,252 50,642 AMENDED STREET DEPT. EXPENDITURES 9,099 CODE ENFORCEMENT 001-9-529.2300 LIFE & HEALTH INSURANCE 4,232 2,498 6,730 001-9-529.3400 CONTRACT SERVICES 2,000 5,500 7,500 AMENDED CODE ENFORCE. EXPENDITURES 7,998 RECREATION DEPARTMENT 001-11-572.6312 CITY PARK RENOVATION - 17,797 17,797 AMENDED REC. DEPT. EXPENDITURES 17,797 COMMUNITY APPEARANCE BOARD 001-12-515.2300 LIFE& HEALTH INSURANCE 89 980 1,069 AMENDED COMM.APPEAR. EXPENDITURES 980 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 12/31/2002 1011102 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE NON-DEPARTMENTAL 001-17-901.6200 CAPITAL IMPROVEMENT-BUILDING - 6,550 6,550 001-17-901.6310 STORMWATER CAPITAL - 18,300 18,300 001-17-901.9900 CONTINGENCY 175,949 (54,095) 121,854 AMENDED NON-DEPT EXPENDITURES (29,245) AMENDED GENERAL FUND REVENUE 239,795 AMENDED GENERAL FUND EXPENDITURES 239,795 REVENUES 105-301.1000 CASH FORWARD 178,966.00 25,182.00 204,148.00 105-337.4000 FDOT-A1A LANDSCAPING GRANT - 200,000.00 200,000.00 AMENDED BEAUTIFICATION FUND REVENUES 225,182.00 EXPENDITURES 105-15-541.5250 SMALL TOOLS 1,700.00 (670.00) 1,030.00 105-15-541.6320 SR Al LANDSCAPE DESIGN - 225,182.00 225,182.00 105-15-541.6400 CAPITAL EQUIPMENT - 670.00 670.00 AMENDED BEAUTIFICATIONN FUND EXPENDITURES 225,182.00 REVENUE 401-369.3000 REFUND OF PRIOR YEAR EXP. 1,000.00 4,000.00 5,000.00 AMENDED SEWER FUND REVENUE 4,000.00 EXPENDITURES 401-10-535.6400 CAPITAL EQUIPMENT 121,000.00 6,330.00 127,330.00 401-19-901.9900 CONTINGENCY 25,169.00 (2,330.00) 22,839.00 AMENDED SEWER FUND EXPENDITURES 4,000.00 E� Meeting Type: Regular Meeting Date 02-18-03 AGENDA a r: Heading Considerations cM OF CAPE CANAMUL item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING DEPT./DIVISION: PLANNING&ZONING Requested Action: City Council approve the attached interlocal agreement for public school facility planning and authorize the mayor to sign the agreement. Summary Explanation& Background: Florida Statutes require that by 03-01-03 Brevard County, the school board and all cities enter into an interlocal agreement for public school facility planning. The attached final version of the agreement incorporates changes requested by the school board and cities. Adoption of this agreement will fulfill our statutory requirements. This agreement can also be amended by 04-01- 03, if necessary. I recommend approval. Exhibits Attached: Interlocal agreement; supporting correspondence City Man is Mee Department PLANNING&ZONING u cape- mydocu n s\a \ uncil\meeting\203\02-18-03\school.doc REQUESTED REVISIONS TO THE DRAFT BREVARD COUNTY SCHOOL FACILITIES INTERLOCAL PLANNING AGREEMENTS February 4, 2003 City and School Board-requested revisions are incorporated within the attached School Facilities Interlocal Planning Agreement. A description and explanation of each revision is provided below: SUBSECTION 2.3, SUB-COUNTY PLANNING SECTORS The School Board has effectively administered a Four (4) - Area Superintendent(s) allocation system for many years with noted success. The School Board's system for managing its multiple educational facilities is fundamentally structured on the current Four Area Superintendents system. The School Board suggests that the Four Area Superintendents system is the most appropriate platform on which to discuss projected student enrollment. ...to allocate projected student enrollment into sub-county planning sectors. T*e . The Planning Sectors shall coincide with the four 4 Area Superintendent Zones Area 1 11 111 110 current!y established and administered by the School Board. The allocation of projected student enrollment will be discussed at the first staff meeting described in subsection 1.1. SUBSECTION 4.1, CAPITAL OUTLAY COMMITTEE (COC) The last sentence is amended to reflect that the COC is to consist of staff-level professionals, not elected members of the School Board. In addition to appropriate members representatives of the School Board, the Committee will include at least one staff member of the County and a representative from each of the affected Cities. SUBSECTION 4.4, CONSISTENCY OF NEW SCHOOL SITES WITH COMP. PLANS The School Board seeks to remove an unreasonable time frame reference. At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land as well as to any other local governments whose citizens are to be served by the subject new public educational facility. The last sentence is also deleted to remove reference to `preliminary' determination of consistency. In researching and considering the purchase of candidate school sites and, in awaiting the conclusion of the 45-day time period to retrieve a Comp. Plan consistency determination by the local government, the School Board is seeking more than a 'preliminary' confirmation of Comp. Plan consistency. deteFmination of eensisteney pursuant to section 101a.33(12) F49Fida Statutes. A corresponding sentence is then inserted within Subsection 4.4 which requires the School Board to include a conceptual site plan of any new educational facilities at the same time as Brevard County School Facilities Interlocal Planning Agreement—Revisions Explanation-February 4,2003 Page 1 of 3 a request for a determination of consistency. Such conceptual site plans will provide local governments with more complete and documented information in determining consistency with the local Comprehensive Plan. Notification procedures shall include a conceptual site plan of the proposed educational facility including a generalized location and square footage of new buildings, play fields, and pedestrian and vehicular circulation patterns SUBSECTION 5.1, ON I OFF-SITE IMPROVEMENTS The word 'preliminary' is again deleted for the same reasons as those stated above. In conjunction with the preHminary consistency determination described at subsection 4.4 of this agreement,... SUBSECTION 6.3, SITE PLAN REVIEW Reference to 'comprehensive plan' is deleted from the last sentence of the first paragraph. The School Board is not inclined to invest in site planning expenses before retrieving the finding of consistency with the local govt. Comprehensive Plan (Subsection 4.4 above). The notion of waiting 45 days after submittal of a site plan for a determination of Comp. Plan consistency is nonsensical and the words are deleted. The local government will determine, in writing, within 45 days after receiving such request along with the necessary information from the School Board, whether a proposed public educational facility is consistent with the local eompFehensive plan an land development regulations. SUBSECTION 6.4, SCHOOL BOARD TO ADVISE OF POTENTIAL ENROLLMENT IMPACTS OF DEVELOPMENT The School Board and the City of Cape Canaveral seek an acceptable time frame which will accommodate BOTH the School Board's ability to respond to what may be requests for multiple enrollment impact reports (from up to 16 agencies) with the time frame utilized by the City in its development review process. Within 38 15 calendar days after notification by the local government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal... SUBSECTION 6.5, OPTIONS FOR INCREASING CAPACITY The School Board seeks assurances that the list of solutions to be considered in contemplating increases of school capacity will remain feasible. !f sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will identify reasonable options, available, if any, to meet the anticipated student enrollment demand... The School Board seeks to avoid a process which requires reconfiguration of school assignment zones and reassignment of students as a necessary reaction to each newly-approved development. Also, the School Board has adopted a policy which discourages the use of 'portables'. ...collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, project phasing and developer-provided facility improvements, reeenfigura tion of sehool assignment zones; reassignment of student populations to other sehee to meet demand. Brevard County School Facilities Interlocal Planning Agreement—Revisions Explanation-February 4,2003 Page 2 of 3 SUBSECTION 6.6, CRITERIAL FOR EVALUATING DEVELOPMENT APPLICATIONS The City of Cape Canaveral has suggested that this section fails to clarify which Comprehensive Plan amendments, rezonings, and development proposals (e.g. those which contemplate density increases as distinguished within subsection 6.2) are being considered in this paragraph. The City has also highlighted that the paragraph neglects to include the review criteria set forth in the Comprehensive Plans and land development regulations of the respective local governments. Both omissions are now included within the attached agreement. 6.6 In reviewing and approving Comprehensive Plan amendments, rezonings, and development proposals, re uired to be noticed in subsection 6.2 for consistency with the provisions of the localgovernment's Comprehensive Plan and land development regulations, the county and cities will consider those items listed in 4.3 and the following issues... SUBSECTION 6.8, SCHOOL CONCURRENCY A number of cities, including Palm Bay, Titusville, Cocoa and Cape Canaveral have suggested inclusion of this additional section. A few of the cities seek affirmation that authority to approve development applications shall continue to ultimately rest with the local governments and not be prefaced on school 'concurrency' considerations. (See attached final Agreement) SUBSECTION 8.1, RESOLUTION OF DISPUTES The City of Palm Bay has suggested that the conflict resolution process outlined in Chapter 164 be the only such process utilized within this agreement. ...such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 er-186, Florida Statutes. SECTION 10, AMENDMENT PROCESS AND TERM OF AGREEMENT The City of Palm Bay has asked that this section be added to establish an amendment process and to allow for termination of the agreement by individual cities without alter the terms of the agreement with respect to the remaining signatories. (See attached final Agreement) SECTION 11, EXECUTION IN COUNTERPARTS This section has been added to allow for execution of individual copies of the Agreement in lieu of one signature page with seventeen (17)signatures on the same sheet(s)of paper. (See attached final Agreement) Brevard County School Facilities Interlocal Planning Agreement—Revisions Explanation-February 4,2003 Page 3 of 3 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING Brevard County, Florida THIS AGREEMENT is entered into between the Brevard County Board of County Commissioners (hereinafter referred to as "County"), the Commission or Council of the Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbor Beach, Malabar, Melbourne, Melbourne Beach, Melbourne Village, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville and West Melbourne, (hereinafter referred to as "Cities"), and the School Board of Brevard County (hereinafter referred to as "School Board"). WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their community; and WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co-locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h)1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.3177(7) and 1013.33 Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the School Board, the County, and the Cities enter into this agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above; NOW THEREFORE, be it mutually agreed between the School Board, the Board of County Commissioners of Brevard County and the City and Town Commissions and Councils of Brevard County that the following procedures will be followed in coordinating land use and public school facilities planning: Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 1 SECTION 1. JOINT MEETINGS 1.1 Staff Working Group. A staff working group of the County, School Board, and Cities will meet on a semi-annual basis to discuss issues and formulate recommendations regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the Regional Planning Council will also be invited to attend. A designee of the School Board shall be responsible for coordinating and convening the semi-annual meeting. 1.2 Annual Meetings Of Elected Officials. One or more representatives of the County, each City and the School Board will meet at least annually in joint workshop sessions. A representative of the Regional Planning Council will also be invited to attend. The joint workshop sessions will be opportunities for the County Commission, the City Commissions or Councils, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. SECTION 2. STUDENT ENROLLMENT AND POPULATION PROJECTIONS 2.1 Population And Student Enrollment Projections Distributed Annually. In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population and student enrollment projections shall be revised annually and provided at the first staff working group meeting described at subsection 1.1. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the school board will coordinate with the Cities and County regarding development trends and future population projections. 2.3 Sub-County Planning Sectors. The School Board, working with the County and Cities, will consider the information described in Section 3.3 (City and County generated data on growth and development) to allocate projected student enrollment into sub-county planning sectors. The Planning Sectors shall coincide with the four (4) Area Superintendent zones (Area I, 11, 111, IV) currently established and administered by the Brevard County School Board. The allocation of projected student enrollment will be discussed at the first staff meeting described in subsection 1.1. SECTION 3. COORDINATING AND SHARING OF INFORMATION 3.1 Tentative District Educational Facilities Work Plan. In September of each year, the School Board shall submit to the County and each City the tentative district educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 1013.33, Florida Statutes, and include projected student populations apportioned geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the 5, 10, 20-year time periods, and options to Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 2 reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5-year period. The Cities and County shall review the plan and provide comments to the School Board within 30 days on the consistency of the plan with the local comprehensive plan; whether a comprehensive plan amendment will be necessary for any proposed educational facility; and whether the local government supports a necessary comprehensive plan amendment. If the local government does not support a comprehensive plan amendment, the matter shall be resolved pursuant to Section 8 of this agreement. 3.2 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey update, the staff working group established in subsection 1.1 will assist the School Board in an advisory capacity in the preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.33, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the land use plan. The staff working group will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, and closures of educational facilities, and the consistency of such plans with the local government comprehensive plan and relevant issues listed at subsections 4.3, 6.6, 6.7, and 7.1 of this agreement. 3.3 Growth and Development Trends: In January of each year, local governments will each provide the school board with a report on growth and development trends within their jurisdiction. These reports will be provided in a standardized, tabular, graphic, and textual formats and will include the following: (a) The type, number, and location of residential units which have received zoning approval or site plan approval; (b) Information regarding future land use map amendments which may have an impact on school facilities; (c) Building permits and 1 or certificates of occupancy issued for the preceding year and their location; (d) Information regarding the conversion or redevelopment of housing or other structures into residential units which are likely to generate new students; and (e) The identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. SECTION 4. SCHOOL SITE SELECTION, RENOVATIONS, SCHOOL CLOSURES 4.1 Capital Outlay Committee (COC) The School Board will establish a Capital Outlay Committee (COC) for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure of existing schools. Based on information gathered during the review, the COC will submit recommendations to the Superintendent or designee. The COC will be a standing committee and will meet on an as-needed basis. In addition to appropriate representatives of the School Board, the Committee will include at least one staff member of the County and a representative from each of the affected Cities. 4.2 New School Sites When the need for a new school is identified in the annual facilities work plan, the (COC) will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the annual facilities work plan for significant renovation and potential closure will be submitted to the local government with Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 3 jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan, including, as applicable: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, land use compatibility, consistency with community vision, and other relevant issues. In addition, the issues identified in subsection 4.3 of this agreement will be considered by both the local government and COC as each site or school is evaluated. Based on the information gathered during this review, for new schools the COC will make a recommendation to the Superintendent or designee of one or more sites in order of preference. For significant renovations and potential closures, the COC will make appropriate recommendations. 4.3 School Site Evaluation The following issues will be considered by the COC, the School Board, and the Local Governments when evaluating new school sites and significant renovations and potential closure of existing schools: (a) The location of schools proximate to urban residential development and contiguous to existing school sites, and which provide logical focal points for community activities and serve as the cornerstone for innovative urban design, including opportunities for shared use and collocation with other community facilities; (b) The location of elementary schools proximate to and within walking distance of the residential neighborhoods served; (c) The location of high schools on the periphery of residential neighborhoods, with access to major roads; (d) Compatibility of the school site with present and projected uses of adjacent property; (e) Whether existing schools can be expanded or renovated to support community redevelopment and revitalization, efficient use of existing infrastructure, and the discouragement of urban sprawl; (f) Site acquisition and development costs; (g) Safe access to and from the school site by pedestrians and vehicles; (h) Existing or planned availability of adequate public facilities and services to support the school; (i) Environmental constraints that would either preclude or render cost infeasible the development or significant renovation of a public school on the site; Q) Adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as a locally significant historic or archaeological resource; (k) Whether the site is well drained and the soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements; (1) The proposed location is not in conflict with the local government comprehensive plan, stormwater management plans, or watershed management plans; (m) The proposed location is not within a velocity flood zone or floodway, as delineated in the applicable comprehensive plan; Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 4 (n) The proposed site can accommodate the required parking, circulation and queuing of vehicles; and (o) The proposed location lies outside the area regulated by Section 333.03, F.S., regarding the construction of public educational facilities in the vicinity of an airport. 4.4 Consistency of New School Sites with Local Govt. Comp. Plans. At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land as well as any other local governments whose citizens are to be served by the subject new public educational facility. Notification procedures shall include a conceptual site plan of the proposed educational facility including a generalized location and square footage of new buildings, play fields, and pedestrian and vehicular circulation patterns. Such notice shall also accommodate the coordinated-review agreements with local governments or third parties in place at the time. The local government, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. SECTION 5. SUPPORTING INFRASTRUCTURE 5.1 Joint Consideration Of On 1 Off-Site Improvements. In conjunction with the consistency determination described at subsection 4.4 of this agreement, the school board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will identify the timing, location, and the party or parties responsible for financing constructing, operating and maintaining the required improvements. SECTION 6. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 6.1 Appointed LPA Members. The County and Cities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend those meetings at which the agencies consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The Cities and County may at their discretion grant voting status to the appointed school board member. 6.2 County and City Development Applications Shared with the School Board. The County and the Cities agree to give the School Board notification of land use applications and development proposals pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided upon receipt of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other major residential or mixed-use development projects. 6.3 Site Plan Review As early in the design phase of the site planning of new public educational facilities as feasible, but at least 90 days before commencing construction, the School Board will request a formal consistency determination from the local government with jurisdiction over the use of land. The local government will determine, in writing, within 45 days after receiving such request along with the necessary information from the School Board, whether a proposed public educational facility is consistent with the local land development regulations. Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 5 If a school site is found to be consistent with both the Future Land Use policies and Future Land Use categories that allows public schools, the local government may not deny the site plan application but may impose reasonable development standards and conditions in accordance with section 1013.51(1) F. S. The local government may consider the adequacy of the site plan as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property — see 1013.33(13) F. S. The local government of jurisdiction will evaluate the site plan for consistency with the development standards and conditions that will be imposed by the local government including comprehensive plan policies related to land use, site location, compatibility, on-site and off-site infrastructure improvements pursuant to section 5 of this agreement, zoning regulations, environmental requirements, and roadway access standards. 6.4 School Board To Advise of Potential Enrollment Impacts of Development. Within 15 calendar days after notification by the local government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities. 6.5 Options For Increasing Capacity. If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will identify reasonable options, available, if any, to meet the anticipated student enrollment demand; alternatively, the School Board, local government, and developer may collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, project phasing, developer-provided facility improvements to meet demand. 6.6 Criteria for Evaluating Development Applications. In reviewing and approving Comprehensive Plan amendments, rezonings, and development proposals, required to be noticed in subsection 6.2, for consistency with the provisions of the local government's Comprehensive Plan and land development regulations, the county and cities will also consider those items listed in 4.3 along with the following issues: (a) School Board comments; (b) The School Board's identified options (cited in Section 6.5 above) for addressing potential overcrowding if sufficient permanent capacity is not available to serve the development at the time of impact; (c) The provision of school sites and facilities within neighborhoods; (d) Compatibility of land uses adjacent to existing schools and reserved school sites; (e) The co-location of parks, recreation and neighborhood facilities with school sites; (f) The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; (g) Traffic circulation plans which serve schools and the surrounding neighborhood; (h) The provision of off-site signalization, signage, access improvements, and sidewalks to serve schools; and (i) The inclusion of school bus stops and turnarounds. Brevard County Interlocal School Planning Agreement—02106/03; 10:30 AM Page 6 6.7 Formulating City 1 County Plans and Programs. In formulating community development plans and programs, the County and Cities will consider the following issues: (a) Scheduling of capital improvements that are coordinated with and meet the capital needs identified in the School Board district educational facilities plan; (b) Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments; (c) Targeting community development improvements in older and distressed neighborhoods near schools; and (d) Working to address and resolve multi-jurisdictional public school issues. 6.8 School Concurrency Notwithstanding the provisions of this agreement and the provisions stated above, the final approval of comprehensive plan amendments, rezonings and development approvals shall be the function of the respective local governments. The above provisions shall not be construed to require school concurrency at the time of approval by the respective local governments of comprehensive plan amendments, rezonings and development proposals. SECTION 7. CO-LOCATION AND SHARED USE 7.1 Co-location and shared use of facilities are important to both the School Board and local governments. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, co- location and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, co-location and shared use of school and governmental facilities for health care and social services will be considered. 7.2 A separate agreement will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co-location and shared use. SECTION 8. RESOLUTION OF DISPUTES 8.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164, Florida Statutes. SECTION 9. OVERSIGHT PROCESS 9.1 The School Board, the County and each City shall appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal agreement. Committee members shall be invited to attend all meetings referenced in Sections 1 and 4 and shall receive copies of all reports and documents produced pursuant to this interlocal agreement. The committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 7 SECTION 10. AMENDMENT PROCESS AND TERM OF AGREEMENT 10.1 Any party to this agreement may terminate their participation in the agreement by providing a 60-day written notice to all other parties and to the Florida Department of Community Affairs. Withdrawal from the agreement by any party shall not alter the terms of the agreement with respect to the remaining signatories. SECTION 11. EXECUTION IN COUNTERPARTS 11.1 This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall, together, constitute but one in the same instrument. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Brevard County, the Cities and Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbor Beach, Malabar, Melbourne, Melbourne Beach, Melbourne Village, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, West Melbourne and the School Board of Brevard County on this day of , 2003. ATTEST: Attest Chairperson, Brevard County Board of County Commissioners Clerk to the Board Chairman, Brevard County School Board Mayor, City of Cape Canaveral Mayor, City of Cocoa Mayor, City of Cocoa Beach Mayor, Town of Indialantic Mayor, City of Indian Harbor Beach Mayor, Town of Malabar Mayor, City of Melbourne Mayor, Town of Melbourne Beach Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 8 Mayor, Town of Melbourne Village Mayor, City of Palm Bay Mayor, Town of Palm Shores Mayor, City of Rockledge Mayor, City of Satellite Beach Mayor, City of Titusville Mayor, City of West Melbourne Brevard County Interlocal School Planning Agreement—02106103; 10:30 AM Page 9 Edd Meeting Type: Regular 2 Meeting Date 02-18-03 •Z .Z, AGENDA HeadingOCCS_2,d rdinan Reading erry OF Item CAPE CANAVERAL No. 5 AGENDA REPORT CITY couNaL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2003, PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 AND C-2 ZONING DISTRICTS DEPT./DIVISION: GROWTH MANAGENENT/P&Z Requested Action: City Council consider the adoption of this ordinance that provides for supplementary regulations for vehicle rental facilities within the C-1 and C-2 zoning districts. Summary Explanation& Background: This ordinance regulates vehicle rental facilities as outlined and recommended by the Planning&Zoning Board. I recommend approval. Exhibits Attached: P&Z Memo dated 01-24-03; Ordinance No. 02-2003 City man S Ce Department GROWTH MANAGEMENT/P&Z (--cape- mydocL(�ents\a council\meetin-gl003\02-18 03\02-2003.doc ORDINANCE NO. 02-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CODE SECTIONS 110-334& 110-383; ADOPTING A NEW SECTION 110-556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 & C-2 ZONING DISTRICTS; 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. VIII of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, the leasing or rental of motor vehicles within the City is permitted as a special exception within the C-1 and C-2 zoning districts ; and WHEREAS, the City has recently received an increase in the number of applications for special exceptions to allow vehicle rental facilities; and WHEREAS,the City Council finds that vehicle rental facilities can,if not properly regulated, produce negative visual impacts along its roads,thoroughfares,and abutting residential areas,causing increased traffic congestion and generation, and produces noise associated with the use; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995)., and WHEREAS, vehicle rental facilities pose distinctive aesthetic concerns for the Cape Canaveral community; and WHEREAS, zoning solely for aesthetic purposes is not outside scope of the City's police of policy power. City of Lake Wales v. Lamar Advertising Association of Lakeland, Florida, 414 So.2d 1030 (Fla. 1982). WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 02-2003 Page 1 of 5 ordinance 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 Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That sections 110-334 & 110-383 of the Code of Ordinances, City of Cape Canaveral,Florida, are hereby amended as follows: (underlined type indicates additions and wont type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in sections 110-334 & 110-383. It is intended that the text in sections 110-334 & 110-383 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (9) New and used automobiles, major recreational equipment and mobile home sales rr I exrta}s with accessory services, subject to the following: 14 Vehicle rental facility, as provided in § 110-556 of this Code. Sec. 110-383. Special exceptions permissible by the board of adjustment (c) Special exceptions may be permitted for the following: 6. Sales, of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: 13. Vehicle rental facility, as provided in § 110-556 of this Code. Section 3. Code Adoption. That section 110-556 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby adopted as follows: (underlined type indicates additions and type City of Cape Canaveral Ordinance No, 02-2003 Page 2 of 5 indicates deletions). Sec. 110-556. Vehicle rental facility. U Definition of vehicle rental,facility. Vehicle rental facilities shall be.defined as commercial establishments where motor vehicles are kept and maintained for lease where such.,vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. Limitations on vehicle rental facilities. Vehicle rental facilities ma be permitted by special exception in_C-1 and C-2 zoning districts subect to the general conditions for special exceptions and the following minimum requirements: A vehicle rental facility shall not be located within one-third 113 of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsections all measurements of distances shall be along a straight line from the closest property boundaEy of the existing use to the closest 1?rgperty boundga of the proposed use, Minimum lot area, for facilities shall be twelve-thousand (12,000) sq. feet, Minimum lot width, for facilities shall be one-hundred f 100) feet, That a continuous, denselylane ted, greenbelt of not less than fifteen (15) feet in width penetrated only at points approved by the Cape Canaveral planniu and zoning board, under site plan approval, for ingress and egress to the property, shall be Rrovided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of§ 110- 566 et seg. of the City Code as ma be amended from time to time. Where a wall or fence is to be used as screening, as my be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering,property, Outside areas where the motor vehicles are to be display. e�stored shall be paved and striped in accordance with the City's off-street parking regulations �6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than one-hundred fifty 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic, Servicing or repair of vehicles is prohibited except within a fully enclosed structure, City of Cape Canaveral Ordinance No. 02-2003 Page 3 of 5 There shall be no storage of junked or wrecked automobiles other than temporary storage not to exceed thirty(30) days, and these vehicles shall be in an enclosed area and not be visible from„outside the property; All outdoor paging orspeaker systems are expressly prohibited,, and l0 The hours of operation for such facility shall be limited to 7:00 A M to 9.00 P M. daily. Secs. 110-5576— 110-565. 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 shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may 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 of 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. [This are left intentionally blank, adoption on next page] City of Cape Canaveral Ordinance No. 02-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F.�Docf%City of Cape CaaavemlSOrdirmec \Vehicle_RenW_Facilitiee.wpd City of Cape Canaveral Ordinance No. 02-2003 Page 5 of 5 Meeting Type: Regular 5� E41 " d Meeting Date 02-18-03 ' t AGENDA Heading Ordinances CITY of [tem 6 CAPECARAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2003, REGULATION OF EXTERNAL BUILDING COLORS WITHIN THE C-1, C-2 AND M-1 ZONING DISTRICTS DEPT.IDIVISION: PLANNING&ZONING BOARD/COMMUNITY APPEARANCE BOARD Requested Action: City Council consider adoption of this ordinance providing for the regulation of exterior building colors within the C-1, C-2 and M-1 zoning districts as recommended by the Community Appearance Board and Planning & Zoning Board. Summary Explanation& Background: This ordinance provides that the Community Appearance Board consider and approve exterior building colors within the C-1, C-2 and M-1 zoning districts and that the building official approve minor or insignificant exterior projects. I recommend approval. Exhibits Attached: Ordinance No. 04-2003 City Man s fee Department P&ZJCOMMUNITY APPEARANCE BOARDS cape- mydo men s\ council\meeting\2003\02-18-03\04-2003.d0c ORDINANCE NO. 04-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-ll,C-2 AND M-I ZONING DISTRICTS; 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. VIII of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS,the City may legislate to protect the appearance of its community as a legitimate exercise of its inherent police power. City of Sunrise v. D.C.A. Homes, Inc., 421 So.2d 1084(Fla. 4'DCA 1982) ; and WHEREAS, the City has a legitimate need to ensure the aesthetic uniformity of its community by regulating the exterior colors of buildings located in areas having a future commercial, light industrial or manufacturing land use designation; and WHEREAS, the City Council finds that establishing regulations concerning the aesthetic appearance of exterior building colors in commercial, light industrial and manufacturing zoning districts will promote the overall aesthetic uniformity, consistency, and appearance of such districts; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance 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 Cape Canaveral, Brevard County, Florida as follows: City of Cape Canaveral Ordinance No. 04-2003 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 22 of the Code of Ordinances, City of Cape Canaveral,Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions,while asterisks (* * *}indicate a deletion from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 22 COMMUNITY DEVELOPMENT Article 1(ZI. Community Appearance Review Sec. 22-40. Approval prerequisite for permits. (a) Without exception, all plans, elevations,and proposed signs for buildings or structures, and exterior building and roof colors within the C-1 C-2, and M-I zoning districts,or alterations thereto, shall be approved by the community appearance board, or by the city council under limited circumstances provided in this article, before a permit is issued for any building, structure, sign or other development of property, or appurtenances or alterations thereto, which have an exterior visual impact or effect on the community. Sec. 22-42. Procedure. (c) Conduct of hearing; approval or denial. At the designated public hearing, the community appearance board shall hear the applicant on the proposed application, and shall hear from members of the general public in accordance with the rules and procedures adopted by the city council and the board. During the public hearing,the applicant may be present in person or by counsel, and the applicant has the right to present evidence in support of his position and cross examine adverse witnesses whose testimony is offered at the hearing. The community appearance board may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria are complied with: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. City of Cape Canaveral Ordinance No. 04-2003 Page 2 of 5 (2) The plans for the proposed building or structure are in harmony with any future development which has been formally approved by the city within the surrounding area. (3) The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or C. Other significant features of design such as,but not limited to: materials, roof line and height or design elements. (4) The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. (5) The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, state or local laws. Within the C-1, C-2, and M-1 zoning districts, gny exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surroundiny, landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district. Bright or brilliant colors shall not be permitted except for use as an accent color within the C-1, C-2, or M-1 zoning districts. See. 22-44. Application criteria. Upon an application created by the building official, an applicant shall submit the following application criteria to the building official for consideration by the community appearance board: City of Cape Canaveral Ordinance No. 04-2003 Page 3 of 5 Level 3 review(Change of exterior building or roof color upon commercial buildings or structures within the C-1 C-2 or M-1 zoning districts): a. Vicinity map locating all zoning classifications, including orientation of all color photographs b. Materials texture and color board depicting location of colors, and C. Minimum of three color photographs of site and setting (surrounding area). 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 shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may 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 of 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. [Left blank intentionally, adoption next page] City of Cape Canaveral Ordinance No.04-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. Rocky Randels, Mayor ATTEST: For Against Bob Hoog Jim Morgan Susan Stills, City Clerk Buzz Petsos Rockv Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney F:\Oo City of Cape wpd City of Cape Canaveral Ordinance No. 04-2003 Page 5 of 5 E, Meeting Type: Regular Meeting Date 02-18-03 AGENDA Heading Ordinances C Try OF Item CAPECANAVEPAL No, 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-2003, PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS DEPT./DIVISION: CODE ENFORCEMENT Requested Action: City Council consider approval of this ordinance establishing procedures for the satisfaction or release of code enforcement Hens as recommended by the Code Enforcement Board Summary Explanation& Background: The Code Enforcement Board reviewed and recommended this proposed ordinance at their January 2003 meeting. This ordinance outlines a formal procedure for the satisfaction or reduction of a code enforcement lien. I recommend approval. Exhibits Attached: City Attorney's memo dated 11-08-02;Ordinance No. 05-2003 City Ma�er Office Department CODE ENFORCEMENT cap \myd current n\council\meeting\2003\02-18-03\05-2003.doc ORDINANCE NO. 05-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2-260 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS;PROVIDING FORINCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may create administrative boards with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and ordinance in force in such municipality, and WHEREAS, the City Council has enacted Article VI, Division 2 of the Code of Ordinances and created a Code Enforcement Board under Section 2-256 with the powers and procedures as provided by law; and WHEREAS, Section 2-258 of the City Code permits, in accordance with Chapter 162, Florida Statutes, the Code Enforcement Board to enter an order imposing a penalty or fine which is recorded in the public land records of Brevard County and becomes a lien in favor of the governing body, which can only be satisfied or released by an action of the governing body; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance 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 Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral, Section 2. Code Amendment. That Chapter 2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeoat City of Cape Canaveral Ordinance No. 05-2003 Page 1 of 5 type indicates deletions,while asterisks (* * *)indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 2 ADMINISTRATION ARTICLE VI. CODE ENFORCEMENT DIVISION 2. CODE ENFORCEMENT Sec. 2-260. Application for Satisfaction or Release of Code Enforcement Liens. Where_a certified copy of an order imposing a penalty or fine, as described Chapter 162, Florida Statutes, has been recorded in the public records of Brevard County, Florida and has become a lien against the land_and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. A. Upon full payment by the violator of the fine or penalty in accordance with this Chapter, the City Manager is hereby authorized to execute and record a Satisfaction of lien. B. The application for satisfaction or release of lien shall be in written form typed or handwritten, by the violator, and shall be submitted to the Building Official or the designee of the Building Official. The application shall include but may not be limited to the following: U The Code Enforcement Case Number; The date upon which the violator brought the subject property into compliance with the City Code; CL The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted, The terms upon which the satisfaction or release should be granted, The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded, The reduction in penalty or fine sought by the violator; and City of Cape Canaveral Ordinance No. 05-2003 Page 2 of 5 Any other information which the violator deems pertinent to the request,including but not limited to the circumstances that exist which would warrant the reduction or satisfaction_of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a Notary Public. C. The violator shall submit at the time of_apyplication payment to the City in the amount necessary to reimburse the City for its costs associated_with recording the Order Imposing a Penalty or Fine and the requested Satisfaction or Release of lien. These costs are non- refundable without re and for the final disposition of the a1212ticationhor satisfaction or release of lien. D. Upon receipt of the application for satisfaction or release of lien and payment provided„above, the Building, Official or designee of the Building Official shall confirm through the Code Enforcement Department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question,_the Building Official or designee of the Building Official shall place the application upon the agenda of, the next meeting_of_the Code Enforcement Board for the Cit.. of Canaveral. E. At the hearing before the Code Enforcement Board, the Board shall review and consider the application for satisfaction or release of lien, provide the violator with an.opportunity to address the Board regardin the he application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to City-staff. Upon review of the application and any testimony presented, the Code Enforcement Board shall by motion direct a recommendation to the City Council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. The Code Enforcement Board, in determining its recommendation, shall consider the following factors: W The gravity of the violation; Q The time in which it took the violator to come into compliance, LD The accrued amount of the code enforcement fine or lien; Any previous or subsequent code violations, Any financial hardship; and City of Cape Canaveral Ordinance No. 05-2003 Page 3 of 5 Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. F. After a recommendation has been rendered by the Code Enforcement Board, the Building Official or designee of the Building Official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled City Council meeting. The City Council may take action solely based upon the sworn application and recommendation of the Code Enforcement Board; or it may, in its discretionprovide the violator with an opportunity to address the Council in regard to the application for satisfaction or release of lien. G. The City Council may approve, approve with conditions„or deny the application to satisfy or release of lien. If the City Council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paving a reduced penalty, fine, or any other condition, the Satisfaction or Release of Lien shall not be prepared or recorded until the conditions placed by the Council have been satisfied. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the City Council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for aperiod of one(l year from the date of denial. During the one(1)year period, the lien may only be satisfied and released upon full pgyment of the fine or penallyimposedin accordance with this Division. Section 3. 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 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section S. 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 of this ordinance. City of Cape Canaveral Ordinance No. 05-2003 Page 4 of 5 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12003. Rocky Randels, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos Susan Stills, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney F NDocslCity of Cape CmaverallOrdinmceelCode_Sa4cf ction_Lien wpd City of Cape Canaveral Ordinance No. 05-2003 Page 5 of 5 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE#: APPLICATION FEE: $ APPLICANT: DATE.- ADDRESS: ATE:ADDRESS: CITY: STATE: ZIP: NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: AMOUNT: /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION/REDUCTION(Circle one)IF REDUCTION,THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD TBE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS,IF ANY,WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: _ Applicant's Signature STATE OF COUNTY OF BEFORE ME the undersigned authority did personally appear who provided as identification, and who after being place under oath, swore or affirmed the information contained within this application is true and correct. Notary Public FOR STAFF USE ONLY APPLICATION FEE: $ RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Prepared by and return to: City of Cape Canaveral Post Office Box 326 Cape Canaveral,Florida 32920 (321)969-1220 CITY OF CAPE CANAVERAL, FLORIDA SATISFACTION AND RELEASE OF CODE ENFORCEMENT LIEN For the amount of and No/100 Dollars ($ .00) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City of Cape Canaveral hereby declares satisfied the Order Imposing Penalty which was recorded on the day of_ _ T in Book ,Page of the Public Records of Brevard County,Florida, (hereinafter referred to as the "Code Enforcement Lien"), and fully and unconditionally releases the real property described in the Code Enforcement Lien. WITNESS my hand and seal this day of 20 CITY OF CAPE CANAVERAL,FLORIDA By: Print Name/Title: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 20_ by who is personally known to me to be the of the City of Cape Canaveral, Florida. Notary Public My Commission Expires: F.4)ocs\City of Cape Canaveral\Code Enforcement Formsl5atisfandReleaseLienform.wpd lar Meeting Type. Regu Meeting Date 02-18-03 AGENDA Heading Ordinances My OF [tern 8 CAPE CANAVERAL No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2003, CREATING A STORMWATER UTILITY PROGRAM DEPT./DIVISION: STORMWATER UTILITY Requested Action: City Council consider adoption of this ordinance creating a stormwater utility program. Summary Explanation & Background: This ordinance establishes all the required provisions for creating a stormwater Utility program. Please refer to the effective date of 01-01-04. This will enable groups in the rate categories proper time to budget for this fee. I recommend adoption. Exhibits Attached: Ordinance No. 06-2003 City Ma is ffice Department STORMWATER UTILITY cape-n. .ydog(::!� n\council\TReeting\2003\02-18-03\06-2003.doc ORDINANCE NO. 06-2003 AN ORDINANCE AMENDING THE CODE OF CITY OF CAPE CANAVERAL, FLORIDA CREATING A STORMWATER UTILITY SYSTEM PURSUANT TO SECTION 403.0893, FLORIDA STATUTES, AND OTHER APPLICABLE LAW; PROVIDING FINDINGS, DETERMINATIONS AND POWERS; PROVIDING DEFINITIONS AND CONSTRUCTION; PROVIDING FOR OPERATING BUDGET; PROVIDING FOR THE CREATION OF A STORMWATER UTILITY FEE; PROVIDING FOR BILLING AND COLLECTION OF A STORMWATER UTILITY FEE; PROVIDING FOR PROGRAM RESPONSIBILITY; PROVIDING FOR STORMWATER 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 VIII, Section 2, of the Florida Constitution and Chapter 403, Florida Statutes, as amended, the City Council of Cape Canaveral, Florida, has all powers of local government to perform city functions and to render city services in a manner not inconsistent with general 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 sed., the United States Environmental Protection Agency has published proposed rules 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 City of Cape Canaveral Ordinance No.06-2003 Page 1 of 14 WHEREAS, the State of Florida has adopted stormwater management legislation which encourages proper management of stormwater runoff and water quality; and 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, 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 utility system, under the terms, conditions, and criteria set forth hereunder, is necessary to protect the health, safety and welfare of the citizens, residents, businesses, property owners, 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 VIII, Section 2, of the Florida Constitution and Chapter 403, Florida Statutes, and the powers granted in the Charter of the City of Cape Canaveral and other applicable law, 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. Findings,Determinations and Powers. It is hereby found, determined, and declared that those elements of the stormwater system which provide for the collection, treatment and disposal of stormwater and regulation of groundwater are of benefit and provide services to all real property within the incorporated city limits, including property not presently served by the storm City of Cape Canaveral Ordinance No.06-2003 Page 2 of 14 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 stormwater utility, under the direction of the Stormwater Utility 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 regulations 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. 8. 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. 10. Perform other duties related to the stormwater utility that are assigned by the City Council and City Manager. City of Cape Canaveral Ordinance No.06-2003 Page 3 of 14 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 the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given them by applicable state or federal law or if no such law applies, the common and ordinary meaning as defined in the latest edition of Webster's Dictionary shall apply. "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 or supplemented by the City Manager in writing. "City"means City of Cape Canaveral, a Florida municipal corporation. "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. "PERU 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 easements dedicated to the public. City of Cape Canaveral Ordinance No.06-2003 Page 4 of 14 "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 City. "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 government 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 or supplemented by the City Manager in writing. "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 the Mitigation Credit Policy. "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 approved by the City Council and attached hereto as Appendix A. "Property Appraiser" means the Property Appraiser for Brevard County, Florida. "State"means the State of Florida City of Cape Canaveral Ordinance No.06-2003 Page 5 of 14 "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. "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 Fees, 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 interfiuid or intrafund loan for such a purpose. "Stormwater Utility" means the utility established by this Ordinance to implement, operate, and maintain the Stormwater management program of the City. "Stormwater Utility Director" means the City's Public Works Director or such person's designee or such other person designated by the City Manger. "Stormwater Service Area"means all real 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. City of Cape Canaveral Ordinance No.06-2003 Page 6 of 14 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. SECTION 5. Stormwater Fee. Section 5.01 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 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 Stormwater Fee attributable to the Developed Property shall be joint and several. The Stormwater 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 the ERU rate; provided however that the ERU rate 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 this 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 Stormwater Fee for metered property shall be billed and collected separately on a monthly basis with the monthly utility bill for those properties utilizing City utilities; and billed and collected separately for those properties not utilizing other City utilities. All such bills for Stormwater Fees shall be rendered monthly by the City. The Stormwater 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, unless otherwise approved by the City Council. The Stormwater Fee for unmetered property shall be billed annually. All bills for Stormwater City of Cape Canaveral Ordinance No. 06-2003 Page 7 of 14 Fees shall become due and payable in accordance with the City's rules and regulations of the finance department pertaining to the collection of the Stormwater Fees. The City shall be entitled to recover all reasonable attorney's fees and costs incurred in collecting delinquent Stormwater Fees. Any charge due hereunder which is not 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 Stormwater Fees imposed 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 under this Ordinance, 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 property was purchased with an existing lien for outstanding Stormwater Fees shall in no way affect the owner's responsibility to pay the amount of said lien. Section 5.05 APPEAL OF DWELLING UNIT AND IMPERVIOUS SURFACE CALCULATION. Any person disagreeing with the calculation of the Stormwater Fee, as provided in the Section, may appeal such determination to the Stormwater Utility 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 Stormwater Utility 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 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 Director's 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. City of Cape Canaveral Ordinance No. 06-2003 Page 8 of 14 SECTION 6. Determination of ERU's. 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. City of Cape Canaveral Ordinance No. 06-2003 Page 9 of 14 (B) 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. 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. City of Cape Canaveral Ordinance No. 06-2003 Page 10 of 14 (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. 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) 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. City of Cape Canaveral Ordinance No. 06-2003 Page 11 of 14 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. Said policy may be modified or amended at any time by resolution of the City Council. 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 6.08. (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 provided a capital contribution to the regional facility in lieu of constructing on- site facilities. SECTION 7. Program Responsibility. It shall be the duty of the Stormwater Utility Director to administer the stormwater utility system created by this Ordinance. The Stormwater Utility Director 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 Fees collected by the City shall be paid into an enterprise fund which is hereby created, to be known as the "Stormwater Management Fund". City of Cape Canaveral Ordinance No. 06-2003 Page 12 of 14 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 stormwater utility. To the extent that the stormwater management Stormwater 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 consistent with any applicable investment policy established by the City Council. 2. The Stormwater Fees and charges paid in accordance with this Ordinance 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 Stormwater Fees and charges shall be used solely for the purposes stated in paragraph 1 of this Section. SECTION 9. 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 10. 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 of this Ordinance. SECTION 11. 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 to effectuate the foregoing. SECTION 12. Effective Date. This Ordinance shall take effect immediately upon its adoption by the Cape Canaveral City Council provided, however, the imposition of the Stormwater Fee under this Ordinance shall be deferred until January 1, 2004. City of Gape Canaveral Ordinance No. 06-2003 Page 13 of 14 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 Jim Morgan Susan Stills, City Clerk Buzz Petsos Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 06-2003 Page 14 of 14 Meeting Type: Regular Meeting Date 02-18-03 AGENDA Heading Ordinances-]" Reading Item 4 No. Section 22-43, Provides for the extension of board approvals, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2003, AMENDING CODE SECTIONS 22-37, 22-43 AND 22-44 RELATING TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 07-2003 amending Code Sections 22-37, 22-43 and 22-44 relating to the Community Appearance Board. Summary Explanation & Background: During a recent code review workshop, City Council recommended the following code amendments: Section 22-37, Deletes language related to initial terms of Community Appearance Board Members, Section 22-43, Provides for the extension of board approvals, Section 22-44, Adds residential subdivision to the Level 2 review. I recommend approval at first reading. Exhibits Attached: Ordinance No. 07-2003 City Man r';' ffice Department LEGISLATIVE MW My cu drain\council\meeting\2003\02-I8-03\07-2003.doc ORDINANCE NO. 07-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 22-37,22-43, AND 22-44 OF THE CAPE CANAVERAL CODE RELATING TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code to update the City Code; and WHEREAS, during the review of Chapter 22 of the City Code, the City Council determined that several updates to Chapter 22 are necessary; and WHEREAS, the City Council hereby finds that the Chapter 22 updates contained herein are in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 22 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strrkeoat type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 22 COMMUNITY DEVELOPMENT Article III. Community Appearance Review Sec. 22-37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist of five members who shall serve without compensation and two alternate members who may City of Cape Canaveral Ordinance No. 07-2003 Page 1 of 3 participate in discussion, but may not vote unless substituting for a voting member who is absent. Members of the board shall be appointed by majority vote of the city council. Voting members shall be appointed for staggered terms_, the initial voting men+ers shall = ve the follovVing teftnbm 011C , All members shall be r ecinested-to serve a three-year term. There shall be no restriction placed upon the number of terms that an individual member may serve. Alternate members shall serve three-year terms. Sec. 22-43. Notice of approval or denial. (b) Approvals by the board shall be valid for a maximum of 12 months from the date the board renders its approval at a public meeting. Ifthe applicant fails to obtain a building permit within the 12 -month period, the board's approval shall expire at the end of the period. However, once a building permit is issued, the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Notwithstanding the aforesaid the board ma a rove extensions for good cause shown including, but not limited to a building ermit a lication endin with the city related to the approval, natural disasters, and reasonable permitting and construction dela res. Sec. 22-44. Application criteria. (2) Level 2 review (commercial, residential subdivisions, four or more multifamily residential and industrial not covered in level 1): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. For new development of unimproved property, a rendered concept plan depicting, in detail, location of landscaping and all the elements on the site; All preliminary elevations; d. Materials, texture and colors board depicting location of colors; and Minimum of three color photographs of site and setting. City of Cape Canaveral Ordinance No. 07-2003 Page 2 of 3 Section 3. 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 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. 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 of this ordinance. Section 6, Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F 1DocslCity of Cape CanaverallOrdinances\Code_Amend_Chapter22.wpd City of Cape Canaveral Ordinance No_ 07-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 02-18-03 AGENDA Heading Resolutions [tem to No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-06, ESTABLISHING A STORMWATER EQUIVALENT RESIDENTIAL UNIT, ERU RATE DEPT./DIVISION: STORMWATER UTILITY Requested Action: City Council consider adoption of this resolution establishing a stormwater equivalent unit of 2,074 square feet of impervious area and an ERU rate of $3.00 per month, effective 0l -01-04. Summary Explanation & Background: This resolution establishes the equivalent resident unit of 2,074 square feet of impervious area and an ERU rate of $3.00 per month or $36.00 per year. I recommend approval. Exhibits Attached: Resolution No. 2003-06 CityMan s nice Department STORMWATER UTILITY cape- m\mydo omen in\council\meeting\2003\02-18-03\2003-06.doc RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A STORMWATER EQUIVALENT RESIDENTIAL UNIT, AND AN EQUIVALENT RESIDENTIAL UNIT RATE AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Cape Canaveral adopted ordinance No. 06- 2003, 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 2002, 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. 06-2003; 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 $3.00 a month. SECTION 3. Effective Date. This resolution shall become effective January 1, 2004_ City of Cape Canaveral Resolution No. xx--xxxK Page 'I of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cape Canaveral, Florida, this 18 day of February, 2003. Rocky R.andels, Mayor ATTEST: For Against Bob Hoog Jim Morgan Susan Stills, City Cleric Buzz Petsos Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the C' of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. xx-x) oc Page 2 of 2 Meeting Type: Regular Meeting Date 02-18-03 AGENDA Heading Resolutions Item ] 1 No. FY2003-04. This resolution supports the existing legislative mandate of $30 million annually. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-07, SUPPORT OF CONTINUED BEACH MANAGEMENT FUNDING OF $30 MILLION ANNUALLY DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of this resolution supporting the continued State beach management funding of $30 million annually. Summary Explanation & Background: The State of Florida has current legislation that established a dedicated funding source using real estate documentary stamp taxes to fund $30 million of beach projects annually. Governor Bush has recommended $15 million for the FY2003-04. This resolution supports the existing legislative mandate of $30 million annually. I recommend approval. Exhibits Attached: Resolution No. 2003-07 City Mana ?9AICC Department LEGISLATIVE cape -n mydois council\meeting\2003\02-18-03\2003-07.doc RESOLUTION NO. 2003-07 A RESOLUTION OF THE CITY COUNCIL OF THE CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF CONTINUED BEACH MANAGEMENT FUNDING IN AN AMOUNT OF $30 MILLION ANNUALLY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida's number one tourist attraction is its beaches; and WHEREAS, beach -related tourism has a $41.6 billion impact on the state's economy, and; WHEREAS, beaches contribute over $1 billion in tourist -related sales tax revenues annually, and WHEREAS, 442,000 jobs are created by beach -related tourism, with $8 billion payroll resulting from additional spending related to Florida's beaches; and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically -eroded; and WHEREAS, the Florida Legislature, pursuant to Chapter 161, F.S. has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be necessary responsibility to preserve Florida's beaches and make provision for beach nourishment projects; and WHEREAS the Florida Legislature, in 1998, pursuant to x. 161.091, and S. 201.15 (11), provided that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding; and WHEREAS, this $30 million allocation has enabled Florida to develop a consistent, adequately -funded, priority -driven long range management program to address critical erosion; and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources_ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cape Canaveral, Brevard County, Florida strongly urges the Florida City of Cape Canaveral, Florida Resolution No. 2003-06 Page 2 Legislature to fully fund the Department of Environmental Protection's beach erosion control project priority list for FY 2003/2004 for $30 million as provided for in Chapters 161 and 201 Florida Statutes, and BE IT FURTHER RESOLVED that the City Council of the City of Cape Canaveral, Brevard County, Florida respectfully requests that the Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration trust Fund for purposes of beach preservation and repair. 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-nticitycierk\CityCik\Resotutionslaupporting Beach Management Funding. doe TO: FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION MEMBERS FROM: Debbie Flack, Director of Governmental Affairs DATE: January 27, 2003 URGENT LEGISLATIVE ALERT! DEDICATED STATE BEACH FUNDING IN JEOPARDY As you know the cornerstone of FSBPA's lobbying efforts over the past decade was securing, in 1998, a dedicated state funding source of $30 million annually for Florida's beaches. The revenue source, provided for by statute, is the real estate documentary stamp tax. Unanimously passed by the Legislature, with subsequent companion legislation signed by the Governor on the beaches of Pinellas County, this commitment has allowed us to leverage, dollar for dollar, local government funding, and in most cases even more in federal matching funds. Just three years after realizing full funding of $30 million, and despite existing law that says otherwise, the Governor's Recommended Budget, just released on January 21, provides only $15 million for beach nourishment projects. This gives rise to two very serious problems. The very real possibility of cutting in half the state dollars available for participation in beach projects for FY03-04, and the likelihood of legislation doing away with the $30 million dedicated use of doc stamp revenues for beach management. These are extremely challenging fiscal times. Just consider the effect of leaving federal dollars on the table. Does anyone doubt that if the State of Florida backs away from its recently renewed commitment to the health of our beaches that the Federal Government will be quick to follow? FSBPA needs your help! Remind every member of your local legislative delegation, as well as key House and Senate leadership, that healthy beaches are Florida's economic engine - -- the fuel that drives the economy. "Anything that hurts the beach, hurts the economy." Together we must turn the table. Rather than asking whether Florida can afford to spend $30 million a year on its beaches, we must get legislators in Tallahassee to question whether we can afford not to. Please go to our website (www.fsbpa.com,see newsletter link) and review the economic impact of beaches presented as part of our BeachWatch 2003 Legislative Newsletter. It should not be hard to convince decision -makers that sand is an economic resource, affecting tourism, employment, and tax revenues. Let the Governor know you disagree with his recommended budget cuts affecting Florida's beaches. But most importantly, urge your state legislators, every member of your delegation and appropriations leaders, to vote against such cuts. The time to ACT IS NOW. When appropriations full and sub- committees resume work the week of February 3, the budget will be the focus. To further assist you, FSBPA has put on its web- site a draft resolution for local governments or groups to use. Stan, David and I are prepared to help in any way we can. Visits, letters, cards, calls, E-mails, and formal resolutions to members of the Legislature will certainly help get the message out. We must make sure our beaches remain a priority. The State of Florida should not be allowed to back away from its commitment to healthy beaches for future generations. FSBPA CONTACT INFORMATION: Web Page www.fsbpa.com E-mail David@fsbpa.com Phone 850/906-9227 Address Florida Shore & Beach Preservation Association 2952 Wellington Circle Tallahassee, Florida 32308 KEY CONTACT INFORMATION IS BELOW: GOVERNOR Mailing Address Governor Jeb Bush Office of the Governor PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Telephone: 850/488-4441 Fax: 850/487-0801 E -Mail: fl governor@myflorida.com SENATE APPROPRIATIONS COMMITTEE Senator Ken Pruitt, Chairman Capitol Office: Room 214 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5088 District Office: Suite 110 2400 S.E. Midport Road Port St. Lucie, FL 34952-4806 (772) 335-8000 E -Mail: pruitt.ken.web@flsenate.gov SENATE APPROPRIATIONS SUBCOMMITTEE ON GENERAL GOVERNMENT Senator Charlie Clary, Chairman Capitol Office: Room 420 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5009 District Office: Suite A 1241 Airport Road, Destin, FL 32541 (850) 833-9159 E -Mail: clary.charlie.web@flsenate.gov HOUSE APPROPRIATIONS COMMITTEE Representative Bruce Kyle, Chairman Mailing Address: Representative Bruce Kyle 221 Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 District Office: Representative Bruce Kyle Suite 208 2120 Main Street Fort Myers, FL 33901-3010 Telephone: Tallahassee: 850/488-1541 District: 941/335-2411 E-mail: KYLE.BRUCE@leg.state.fl.us HOUSE APPROPRIATIONS COMMITTEE Representative Stan Mayfield, Vice Chairman Mailing Address: Representative Stan Mayfield 212 Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 District Office: Representative Stan Mayfield P.O. Box 2380 Vero Beach, FL 32961-2380 Telephone: Tallahassee: 850/488-0952 District: 772/778-5077 E-mail. MAYFIELD.STAN@leg.state.fl.us HOUSE AGRICULTURE AND ENVIRONMENT APPROPRIATIONS SUBCOMMITTEE Jerry Paul, Acting Chairman Mailing Address Representative Jerry Paul 410 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 District Office: Representative Jerry Paul Suite B-14 4456 Tamiami Trail Port Charlotte, FL 33980-2136 Telephone: Tallahassee: 850/488-0060 District: 941/764-1100 E-mail: PAUL.JERRY@le .state.fl.us FOR NAMES AND ADDRESSES OF SENATE AND HOUSE MEMBERS OF YOUR LOCAL LEGISLATIVE DELEGATION GO TO THE FLORIDA LEGISLATURE WEB SITE AT : http://www.leg.state.fl.us Meeting Type: Regular Meeting Date 02-18-03 AGENDA Heading Discussion Item 12 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STORMWATER NPDES PERMIT DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council review and comment on this FDEP Stormwater Permit Application_ Summary Explanation & Background: The City is required to submit this Stormwater Permit Application by 03-10-03. The permit application covers (6) best management practice areas as required by law to be worked on during the (5) year permit term. Staff is seeking feedback from City Council, prior to submittal of this application. Please advise. Exhibits Attached: FDEP Permit Application; related laws and rules City Man s ice Department PUBLIC WORKS cape- mydo ume council\meeting\2003\02-18-03\npdes doc NOTICE OF INTENT TO USE GENERIC PERMIT FOR DISCHARGE OF STORMWATER FROM PHASE 11 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (RULE 62-621.300(7)(b), F.A.C.) INSTRUCTIONS: • This NOI must be completed and submitted to the Department to authorize use of the Generic Permit for Discharge of Stonnwater from Phase li Municipal Separate Storm Sewer Systems ("MS4 GP'), provided in Rule 62-621.300(7)(a), F.A.C. • The type of municipal separate storm sewer system that qualifies for coverage under the MS4 GP and the applicable Phase 11 MS4 stormwater management program requirements are specified in the permit. You should familiarize yourself with the MS4 GP before completing this NOI. • Submit this fully completed NOI, permit fee, and required attachments by mail to the address in the box at right. DO NOT SUBMIT any materials not in the checklist in Section V. of this NOI. • Please print or type information in the appropriate, areas below and complete each section. Submit NOI, permit fee, and required attachments to: NPDFS Stormwater Notices Center M.S. #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, F1_ 32399-2400 Name of the Water Management District the Phase II MS4 is located within (check all that apply): ❑ Northwest Florida Water Management District ❑ Southwest Florida Water. Management District ❑ Suwanee River Water Management District ® St. John's River Water Management District South Florida Water Management District DEP Form 62-621.300(7)(b), Effective February 7, 2003 Page 1 of 6 Name of the Phase II MS4 2R2ratoc City of Cal2e Canaveral Name of the Phase 11 MS4 Responsible Authori : Bennett C. Boucher Title: City Manager Mailing Address: 105 Polk Avenue City: Cape Canaveral Zip Code: 32920 Coun : Brevard Telephone Number Name of the Designated Phase 11 MS4 Stormwater Management Program Contact: Ed Gardulski Title: Pub] JC lqorkq T)irprtor Department: Public Works Mailing Address: 601 Thurm Boulevard P.O. Box 326 City: Cape Canaveral I Zi Code: 32920 County: Brevard Telephone Number (3 21) 868-1240 E-mail Address: Location of the Phase II MS4 if different than the mailing address in Section I.C. above): Street Address: 601 Thurm Boulevard City: Cape Canaveral 7a Code: 32920 Coun : Brevard Approximate center of the Phase II MS4: Latitude: ° 23' 35' Lon itude: 80 ° 37 03 '28 Phase II MS4 ownershi status check one): ® Public ❑ State ❑ Federal Total resident population of the Phase 11 MS4: 9 16 1 Name of the urbanized area(s) the Phase II MS4 is located within (d applicable): City of Cape Canaveral Name of the Water Management District the Phase II MS4 is located within (check all that apply): ❑ Northwest Florida Water Management District ❑ Southwest Florida Water. Management District ❑ Suwanee River Water Management District ® St. John's River Water Management District South Florida Water Management District DEP Form 62-621.300(7)(b), Effective February 7, 2003 Page 1 of 6 1. Has another entity, regulated under Chapter 62-624, F.A.C., agreed to implement all of your permit obligations on your behalf? ❑ Yes ® No If Yes, complete Section II.A.2. If no skip to Section II.B. 2. Name of Entity: Contact Name: Title: Department: Mailing Address: City: Zip Code: oun County- Tele hone Number. Telephone E-mail Address: 1. Has another entity agreed to implement one or more of the minimum control measures (or a component thereof) on your behalf? ® Yes ❑ No If yes, complete Sections 11.8.2. and 11.6.3. See the note below for any additional entities 2. Control measure(s) or component of a control measure to be implemented by the other entity. Name of Entity: Contact Name. Robert A. Da Title: Environmental Specialist Department: Indian River Lagoon Program Mailing Address: 525 Communit Colle a ParkwayS.E. City: Palm Ba FL Zi Cade: 32909 County: Brevard Telephone Number 350-4946 E-mail Address: rday@sjrwmd.com Note: For each additional entity sharing stomwater management program responsibilities with you, provide on a separate sheet the information requested in Sections 11.6.2. and 11.13.3. Title the sheet "Section 11.6: Additional Entities Information' and attach it to this NON. Identify the named receiving waterbodies to which your Phase 11 MS4 discharges. Include all such waterbodes known to you at the time of this application: Banana River DEP Form 62-621.300(7)(b), Effective February 7, 2003 Page 2 of 6 SECTION f 'f Complete the Phase II MS4 Stormwater Management Program (SWMP) Elements Form in Appendix A for each minimum control measure described in Part V1. of the MS4 GP, except the Post-construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for h. this measure under Part X. of the permit. If you choose, however, to implement BMPs for the Post-construction measure, please complete a SWMP Elements Form for the measure. F Include in the SWMP Elements Form all best management practices (BMPs) currently in place or planned for each element ofZ. each minimum control measure. There is no limit to the number of BMPs you may include. Make copies of the form as i necessary to accommodate all of your BMPs. The completed farms, in their entirety, will be considered by the Department to be the outline of your proposed sformwater management program. Attach all completed forms to this NOI. g, Provide the total number of pages of SWMP Elements Forms that are attached to this NOI for each minimum control measure: Minimum Control Measure #of Paaes Public Education and Outreach as to Stormwater Impacts 1 Public Involvement/Public Participation L Illicit Discharge Detection and Elimination 1 Construction► Site Stormwater Runoff Control 2 Post-construction Stormwater Management in New Development and Redevelopment 1 Pollution Prevention/Good Housekeeping for: Municipal OperationsSECTION V. MATERIALS 1 TO BE SUBMITTED WITH THIS NO) The following must be snbm t}ed'ta the DepartmeM:a ong with y, _ii "gomplefecf n gneci NOI (check if attached ar if not applicable): Attached N/A ❑ The.peimit application fee as:prescnbed by Rule62-4.050{4)(d)�6) FAC MaE�e all check and money orders payable tanthe Florida t]epartment'of,Environmental Protection ❑ A fully completed Phase,El MS4 Stormwaker MarLagemen(. Program Elements Form (see Appendix A) for each minirnurn control-measureexcept the Post-construction StormwaterManagement in New Development and:Re.development minimum coritrol measure if you have chosen the qualifying alternative program option for this measure under: Part X. of the MS4 GP. ❑ ❑ Additional entities information, as required under the note in Section It. B. of this NOI. The Responsible Authority listed in Section I.B. of this 1401 must sign the following certification statement:' I certify under,penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name of Phase 11 MS4 Responsible Authority (type or print): Title: Signature: Date (mm/dd/year): Signatory requirements are contained in Rule 62-620.305, F.A.C. DRAFT DEP Form 62-621.300(7)(b), Effective [month] [day), [year] DO NOT USE THIS FORM --For Public Comment Only Page 3 of 6 INSTRUCTIONS FOR APPENDIX A PHASE 11 MS4 STORMWATER MANAGEMENT PROGRAM (SWMP) ELEMENTS FORM General Instructions Complete this fort for each minimum control measure described in Part VI. of the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems ('MS4 GP') provided in Rule 62-621.300(7)(a), F.A.C., e&cgo the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the permit. If you choose, however, to implement BMPs for the Post - construction measure, please complete a SWMP Elements Form for the measure. Include all best management practices (BMPs) currently in place or planned for each element of each minimum control measure. There is no limit to the total number of BMPs you may include. Make copies of the form as necessary to accommodate all of your BMPs. • The completed forms, in their entirety, will be considered by the Department to be the outline of your proposed stormwater management program. Attach the forms to the NOI and submit to the Department at the address provided on the N01. Please print or type Information In the appropriate areas of this form. Section A.I: MINIMUM CONTROL MEASURE Indicate which minimum control measure the BMPs in Section A.il. address. Check only one measure_ Use a separate forrn for each measure. Section A.11: BEST MANAGEMENT PRACTICES Include BMPs only for the measure you have identified in Section A.I. The Department encourages the use of the Florida Land Development Manual: A Guide to Sound Land and Water Management (FDER, 1988) and the U.S. Environmental Protection Agency's National Menu of Best Management Practices for Storm Water Phase 11 in developing Phase 11 stormwater management programs. Both are available from the Department. Element ID: Table 1 below includes all the minimum control measure elements required under Part IV. of the MS4 GP. Using Table 1, identify which element of the minimum control measure each BMP addresses. For example, a BMP addressing the procedures for site plan review under the Construction Site Stormwater Runoff Control Minimum Control Measure would be labeled as '4d.' You must include at least one BMP for each element. BMP Number: For each minimum control measure, number the BMPs starting with 01 and continue the numbering in sequential order on any additional forms for the measure. The numbering of the BMPs is for reference purposes only and does not provide additional weight to, nor prioritize, one BMP over another. Measurable Goals: List the measurable goal(s) for each BMP. You must include at least one measurable goal for each BMP and may include as many as necessary for the BMP — you are not limited to the four lines provided on the form. Schedule for lmnlementation/Completion: For each measurable goal, include the year each action will be implemented arid, as applicable, the interim milestones, completion date, or planned frequency of the action. Responsible En ' t: Include the name of the entity (if other than the Phase ll M94 Operator) or of the internal department (d it is the Phase 11 MS4 Operator) responsible for implementing or coordinating each BMP. Page Numbering Once this form has been completed for each minimum control measure, place the forms in an order corresponding to the order of the treasures in Table 1 (below) and number the forms accordingly at the bottom of each. DEP Form 62-621.300(7)(b), Effective February 7, 2003 Page 4 of 6 Table 1: Minimum Control Measure Required Elements pq1. Public Education and Outreach Minimum Control Measure: la a) Implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. 2. Public Participation/Involvement Minimum Control Measure: 2a a) Comply with State and local public notice requirements when implementing a public involvement/public participalion pnram. 3. Illicit Discharge Detection and Elimination Minimum Control Measure: 3a a) Develop, R not already completed, a storm sewer system map, showing the location of all known outfalls and the names and location of all surface waters of the State that receive discharges from those outfalls. 3b b) To the extent allowable under State or local law, effectively prohibit through ordinance, or other regulatory mechanism, of non-stormwater (i.e., 'illicit') discharges into the storm sewer system and implement WpMriale enforcement procedures and actions - 3c c) Develop and implement a plan to detect and eliminate non-stormwater discharges, including illegal dumping, to the MS4. 3d d) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and iT2roper disposal of waste. 4. Construction Site Stormwater Runoff Control Minimum Control Measure: 4a a) Develop and implement, to the extent allowable under State or local law, an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to reduce pollutants in any stormwater runoff to the Phase II MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of pollutants associated with stormwater discharges from construction activity disturbing less than one acre must also be included 4 that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. 4b b) Develop and implement requirements for construction site operators to implement appropriate erosion and sediment control best mans ement practices. 4c c) Develop and implement requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 4d d) Develop and implement procedures for site plan review that incorporate consideration of potential water quality impacts 4e e) Develop and implement procedures for receipt and consideration of information submitted by the public. 4f f Develop and implement procedures for site inspection and enforcement of control measures. 5. Post -construction Stormwater Management in New Development and Redevelopment Minimum Control Measure: NOT REQUIRED IF USING QUALIFIED ALTERNATIVE PROGRAM 5a a) Use an ordinance or other regulatory mechanism, to the extent allowable under State or local law, to address from post -construction runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the Phase II MS4. The program must require that controls be in place that would prevent or minimize water quality impacts from new development or redevelopment. 5b b) Develop and implement strategies that include a combination of structural and/or non-structural best management practices (BMPs) appropriate for the community. 5c c Require adequate long-term operation and maintenance of BMPs. 6. Municipal Op2ration Pollution Prevention and Good HousekeepIng HousekeepingMinimum Control Measure: 6a a) Develop and implement an operation and maintenance program that has the ultimate goal of preventing or reducing pollutant ninoff from MS4 operator activities, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 6b b) Using training materials that are available from EPA, the Department, or other organizations, include employee training to prevent and reduce storrnwater Wlution from MS4 operator activities. DEP Form 62-621.300(7)(b), Effective February 7, 2003 Page 5 of 6 a 0 LL F - z LU ..J W a C3 O acr X °• n!i Zw IL UiN IL 0 a0 a Z a W c 0 FL 0 c m� ma me c x � rn a 60 E00 0� N 0 C;;:; U 7 0 O U dl — O O 0- d c') 't ❑❑ 0 c d L) u -ri U) -.-a EO a0 p O 0 0 a a a LO r- [." •rq -r r O t r 41 0 ro 4-) aJ � E as E to o ai r • r N of 4 r ci Ch t► r 'i r N C'7 ti W P �4 fI] i4 (1) id 4. :� r 1 aJ rc 4m �4 o o a) o 4.) b 4.) o y x ftQ s� u cn p r N C'h r N CQ rR r C4 V; .4 v o �c • 1 ai b ro L4 �4 0 r-4 • R, CO 0 u r -I u(d ra O 44 N •ri O. G u U 34 " -ri -H O O w W w Dl .Q r-4 44 44 ;3 t1 (a 4) -. r O .. O a � •ri 02 A+ 4.) 4-4 a. - 4.) r + CO ar E a� bi v2 -H ul -H at (d p ra U1 U 4.) E 44 a, p4 $4 0 a► a rt co rd ai 3 • O U) E •4 4-3 rg (UW$) ro 4-4 a) ra a7 O +) �-4 ra L) fa•r, a '�, � ,U -1 aj .ten .� 4.) �4 -4 u N Q O M O C) 4 • 0 m O LL N z w Lu 1 LLS a a 0 O a� xa E] z zw wg IL UJ a° a Q 2 oc LI! a Q O r N w a x Ix m CA E.s W a ED m m 00 j c Y0 O O O O C O m U 7 2m 0 0 Y3 00 as 11❑ 0 a U o a C c � E� o r= 00 m Q CO 00 4 N O yi 0� U o _ O rU ❑ ❑ ft 0 0 s a m a E L0 LL w c r E 0 U3 a N 0 b V ty1 m C}. O [� f 011 N� O Im 0. [O C.) 0 0 N ['7 m - m a C 0 0 T cv (O 9 LL a w 0 'C m. U -rl in •rl U] r'I :3C r-1 x ,1 14 a 14 O O ::S O a4 44 ±4 �4 >`I cu >4 IT IT v w f ! >y 4 V. r CV co N M 4 r N l7 4 r N 05 -i r N M 4 CL U. �s U rrf b O m 4 La A M I I b I I a P4 rn O O b Ic 4 4 F r N M 'R r C-4 l"'> It r CV C7 K r N C? 4* r N C4 as rn rz v •O a S4 ::1 0 b1 ri H U O ri 4-+ s~ " U) p.. �4 -� -� 014a) �. w La b Md.)4-) 9 � ff1 4 .,1 O 04 «s 1 +) U � U ro9:>4o w $40A5 C:a rd —1 -H m :> 4-) Q} r -I f[S U L4 14 N O 14 A >4 O P. r 4! M >4 F' O 0 ri a O (0 +-) o 0 O 3 U U) ro > u .=r N Q O • I � I 0 0 s a m a E L0 LL w c r E 0 U3 a N 0 b V ty1 m C}. O [� f 011 N� O Im 0. [O C.) 0 0 N ['7 m - m a C 0 0 T cv (O 9 LL a w 0 2 cc O IL w ..A W a Co O a� xa arz z w a2 a� as a cc W 4 Q O F- U) m 0 o. 0 c m � C m 'a wm n o m 0 ., Y n 0 0 w0 cn 0 c o m U > a 00 7 Vl O O m m LOCO ❑❑ 0 U c � O 0 � C _G 0 E t!J � o E m o m� p m w� U t; rn D h -60 =U CO It m .r -r_ a. o m O ^L Q' V o C CL n c 0 E 0 -o Lu C: 0 0 d � r N ❑❑ Pa 00 00 z O ;:s O Pa Pa P., ;R: A, w 0 a) $4 s4 O a) a) H H H r CV !9 r N M r [V 'i -i r RV ei r N P! •? U1 U 3 O i4 u O U O (D > I •N U 0 i-. 4-) •r) O co w -r-1 Ei a) s~ a) U to. c P -H U a) 'v Ic O H O s4 �4 w H ro CL o CL .,4 4 w s~ `� 0 a Z o JP C r N 4a U] O O, $4 r I (L) E O �4 O -P 4-) -H (1) m ra .� 3 4-3 •N roro b • �� W 44 O 040 & 3 IOU 4-1 •• 0 4-3 .0 rn 4-) 4-) tz O O +) O U) U) (a 4a V W m O >1 a) V] Ir (1) a) H ' M rn r (1) -ri a.) m tri r -I to G +) to rd w U) ra s~ —4 s4 a) m a) •.-I rtl o a) -H -4 M M -� -� ?C •N W ri U] r -I U) -•-I a s r m a) a) m rn 13 O m U a) 10 a) 0 .N �4 U) H 4) a) 'C3 tri rt3 4-) U U V ro a 4-) r[s 0 N 46) U] -r-I -r-I �I to O rri U 14 -r+ ,'Y •r4 0 r -t r -I (G (1) >`r 'a 4.) of .a O O 'O .L] A N ra R+ Q+ rU P4 S4 rz rd s~ O O ro ra E! rl N M C)' Lf•1 m ac O U. N W W J W m a ac 0 O QCC X 0 z �z W a� � W a� a Q Ir H a Ix O F- N U) 2 m c 0 FL 0 m o, E c 0 G- oo m ar m cx ar m m 0 30 O 0 o � 0 O C C O n U > L •�m• CL 0 m � Qn ❑❑ 0 C O U c 0 0 0 � C E� m 0 3 of C� m � n m c o� -60 =U M Iq 1112 � 7 0. 0. N ❑❑ O z O t O 'CJ n U W b E Lo LL a C n E 0 tiJ a y 0 6 tm to CL a O 0 �I m W CL EO 0 co r F., c U U U U U -re U] -� U) •� u] •H rf) •rl U) r -I x rix ri .-I x r -I x a a�C w a. w b4 44 M ro ro a) ro N N a) -ra a) .0 O -4 r-4 N N r CV i� •�t t- [V Pi rt r CV W 'i r CV try � r CV l0 •Q I Itl >~ ,Qf f� rn t3 W r -I r -I 4-) a) 44 C ;> ro U r -H U z L O N O 0 m U, 01 U r -I u r -I 5.1 c 0 •d 44 t3r Iw 0 4-4 4-) b4 rI U ay a) as O m a) Q)c U -t4 tr ry U $4 al U. rn 0 >i +) -r+ -+-I rd rO 4-) -r 1 0 -r-I 4-) w '�4 'o O p r•i r 0 54 14 :3 •,1 O U -ri H 0 a EG U) r CV �� o r a � 4 r CH 6 4 r L+I ��ii r N 6 t! Q1 • a) a) t~ I-ri 0 a 0 0 m Ei~ Orn u m m 0 b 0 al -4 -r•I d-) a) 4-) —1 r -I r^i ro 4-) 0 • 04 w ri 0 a 4-)= 4-)s1m u a) �, rn (1) CL U a) 1 r�lEa Nr ro 'o . ONa � 0 4-) W U) O rrS U U "I E r -i 'r3 •• t i5 U) •r 1 w U Q) a M -ri 4.3 i~ 0 (1) 4-) 44 W 0 w 0 0 t)' u >1 -H 'O O 4-) r -q ;)4 U •+-r U a) a) ,N CO (L) (n M 4-) (a 0 4 U I4 0 4-3 O 'V -4 f� � >~ ba 9 w U! 0 (1) ro U •r•I (d -ri () (V 0 co G 44 r 5-f > 0 t37 a) • to rn 4-3 -rt a) >4 -r•I v O +) w (1) Q) rt (1) U] ri (D •Q qD 0 W > 4 b4 4-3 (1) 03 a M G 14 •� U] a) fG W E (tl •t3 -r•I (D U} Q+ '� -4 P410 0,1 i) (1) 4-) •� � 0 u O O 04 'O ro 1+ `a fa ri a) w a) ::j r -i (1) U) 4} (1) N 3 r > 0 y +) rO 0 0 0 p 4-1 > b4 4-3 54 a Q) 0 0 () -r+ r~ A. $4 -r+ a) U a) 0 to 0 s~ A 4-) u rx rn rd rn w 4-) a ro a 4a W 0 -r( cn Q' LO O O O O O • O z O t O 'CJ n U W b E Lo LL a C n E 0 tiJ a y 0 6 tm to CL a O 0 �I m W CL EO 0 co R c 0 c m � m Q N m Cd b m O �x 0 O '3 Z U3 O r- 0 m U 7 T ILL Z CL N O 4 z w o0 LU as - LIE] � a o ci= c� O CJ ,CC CC oa X 51-- w Ir E D. LU LU W m as as(D 0 3 om �.. C � O U U N O O U p W N a a x IL L a 0 O m b 3 O c n. to .0 C C O m 7 �> LU C: U U_ JD Q a Noi b L 0 n 0 P a u°. a a E b W a. co 0 a b a C4 O �I O to l 0 0 0 m m ca 0 - Is Is 0 C7 b C A N T N co 9 il. 0. ill 2 OC O W W W a a (S O a� xa w� IL Lti IL0 as z a w Q cc O I— U) m W N a CL C m � E C co 0 C X w o m O E0 o� � o O m 2 = G O U V1 CL CL Oil ri ,_ 0 .00 �_ 0 E m0 om w c c U N U = (3 1111 0. 0. r N ❑❑ E u �0 "9 H O Ql O �°: ;e• E � s 07 o � O1 E t c s ~ � i O F ; LL rr IL m i d V i a� • c _ CL z f LL f LLi • a�z LU 0 0 co m 00 m D- 0 m O (V t7 0 0 0 m N (O t LL LL w O 2 cc O LL m E.G ma D)6) c .14 cis e 0 m U e T E O O T fn O c m U 7 2m O p U U) — O O 0. [l. 0 U C: .2 o E@ 0 3 U � QU) 2 I05 0, U t6 tl) O 0 ` U C �0 co 0 m m rn m CL e as tis u U U Ea •r -I M .Y r -I .y SZ .f I 14 p l4 O p O O O P4 :3: P. f34 :�: O $4 l4 R fo rn a a) a1 ryv 1-I t7' fC �' S4 i4 .0 I 4.) r1 � N r CV C4 - r N 6 ' r Cit C'1 - r N V; - r N 6 't 44 , +I O aj al O r-4 r_: r. 41 G rn ro Ql •+-I G • 1 a) $4 U +) ,O ., I fo U M Ql �4 a.) r I s I a PG ft O N r+ a) (D tl+ O W M A N t El Q) •r I R 4-) m rQ r,x 03 v 4.) �4 �4 O sr 0 O Ey Q) 4} rQ •r -I Q7 � U) (L) N fI rt 0 r ,- �4 .N O r --I U E-1 r CV Ci a' r CV @? r yU�}N. CY R7 r N Ch C0 mr co 1 I 4-) 4-) b) w r -I w 7 Q O R3A a7Gl. •• i4 Q7 (a a) a) p 4-+ U4-)•-) 0 Q+ > r ff] •r., rt rQ � al b1 N4 -)O> OOH 41• 4a PJ w W i a O rr a a) • al 910 w O -A0�rma r4- R:to .0 4-I ri ro U O U U 41 Q1 al W p -r-I I~ b4 to O Cr ro rQ .Q ro U} H 0 U P+ EA P4 W O O O • m � I co 0 m m rn m CL Small MS4s - Minimum Permit Application Page 1 of 2 ® DEP Home I Contact. DEP I Search I DEP Site Map Water Resources Some documents on this page are pdf files and require the free Adobe Acrobat Reader Home Software. Bioassessment Drinking Water M-004, W_, Everglades Ground Water NPDES Stormwater Program for Regulated Small MS4s Mine Reclamation Minimum Permit Requirements STORET Regulated small MS4 operators will need to obtain permit coverage by March 10, Stormwater 2003, at the earliest. Although DEP has not yet issued regulations or permits for regulated small MS4s, it is anticipated that the requirements will closely track the Surface Water requirements prescribed in the Federal Phase II Rule and outlined below. Additional Total Maximum requirements may be included in the DEP-issued regulations. Operators of regulated Daily Loads small MS4s must develop and implement a stormwater management program that includes the measurable goals and best management practices (BMPs) of their Wastewater choosing for the following six minimum control measures: Water Facilities Fundinq (1) Public Education and Outreach: Perform educational outreach Water Policy regarding the harmful impacts of polluted stormwater runoff. Watershed (2) Public Participationlinvolvement: Comply with State and local Monitorinq public notice requirements and encourage other avenues for citizen Water Reuse involvement. Watersheds Wetlands (3) Illicit Discharge Detection and Elimination: Implement a plan to detect and eliminate any non-stormwater discharges to the MS4 and create a system map showing outfall locations. (4) Construction Site Runoff Control: Implement and enforce an erosion and sediment control program for construction activities. (5) Post -construction Runoff Control: Implement and enforce a program to address discharges of post -construction stormwater runoff from new development and redevelopment areas. (6) Pollution Prevention/Good Housekeeping: Implement a program to prevent/reduce pollutant runoff from municipal operations CaDVright & Disclaimer and property and perform staff pollution prevention training. (1 1999 State of Florida Privacy Statement An additional requirement will include the following: Last Updated: 10/10/01 Periodic evaluation reports. Reports will be required using the measurable goals for each minimum control measure as benchmarks for evaluating program effectiveness. http://www.dep.state.fl.us/water/stormwater/npdes/MS4-6.htrn 02/11/2003 C o� ai ;mi IE =•� - - b cr. = E r. C4 a R 8t 1 s- n a IC -5 a nj v y nto ea v a NJ .. a y � p� 3 a a u •r � .� � c c r�a�p 3 Un -4-7 Z E a 79 c: a y r g o c u _ 15 = it r 45 r c � '� G- -. •^ s; � �. cis � r. CL "-=.j y y a r Q© -.. ".. A :r ` y C � .. �.. 4.• -, •� 4 gyp. .y � -Y � � + � fA 5 C= p cr w C r, y 3 c n,`S ..c r a :x.EEE ^ 7D -.. 1 � G � � •y � bG J3 � cY C J � G`. .C..— y N zz 75 Ze 7:3 it 7E r _ _ CA r bu ... .�. G+ 7. 'J'. •.... .,.; r _ 1 ;.,� C om`, CL CL do CA c x _ Potential Phase II Regulated Small MS4s in Florida This list contains governmental entities not currently regulated under Phase I, but are located fully or partially included within an urbanized area (UA) defined by the U.S. Bureau of the Census. Keep in mind that a listed governmental entity will be regulated under Phase II only if it operates a small MS4 within a UA boundary. Furthermore, entities such as military bases, large hospitals, prison complexes, universities, sewer districts, and highway departments that operate a small MS4 within a UA will also be regulated under Phase II but are not individually listed here. Source: 1990 Census of Population and Housing, U.S. Bureau of the Census. This list is subject to change with the 2000 Census, upon which Florida's Phase II MS4 regulations will be based. Alachua County Indialantic Ponce Inlet Baldwin Indian Harbour Beach Port Orange Bay County Indian River County Port St. Lucie Belleair Shore Indian River Shores Punta Gorda Biscayne Park village Indian Shores Rockledge Brevard County Kissimmee Santa Rosa County Callaway Lazy Lake village Satellite Beach �3. Cape Canaveral <— Lynn Haven Sewall's Point Cedar Grove Malabar Shalimar Charlotte County Marion County South Daytona Cinco Bayou Martin County Springfield Clay County Mary Esther St. Johns County Cocoa Beach Melbourne Beach St. Lucie County Cocoa Melbourne St. Lucie village Collier County Melbourne Village Stuart Daytona Beach Naples Sweetwater Daytona Beach Shores New Smyrna Beach Titusville Destin Niceville Valparaiso Edgewater Ocala Vero Beach Florida City Ocean Breeze Park Virginia Gardens village Fort Pierce Okaloosa County Volusia County Fort Walton Beach Orange Park Walton County Gainesville Ormond Beach Weeki Wachee Gulf Breeze Osceola County West Melbourne Hernando County Palm Bay Windermere Hillsboro Beach Panama City Holly Hill Parker CHAPTER 62-624 MUNICIPAL SEPARATE STORM SEWER SYSTEMS 62-624.100 Policy and Purpose. 62-624.200 Definitions. 62-624.300 General Provisions. 62-624.310 General Conditions. 62-624.400 Application Procedures for New MS4 Permits. 62-624.420 Re-application Procedures for MS4 Permits. 62-624.440 Contents of Re-application for MS4 Permit. 62-624.460 Application Processing. 62-624.500 Standards for Issuing or Denying Permits. 62-624.600 Annual Reports. 62-624.700 Transfer of Operational Authority. 62-624.100 Policy and Purpose. This rule provides the requirements for processing Municipal Separate Storm Sewer Systems (MS4) permits, as authorized under Section 403.0885, Florida Statutes. This rule also provides general requirements and procedures for the issuance, denial, revision, suspension, and revocation of MS4 permits. The requirements of this part are in addition to and not in lieu of the requirements specified in Chapters 62-25, 62-330 and 62-341, F.A.C., or the requirements of Part IV, Chapter 373, Florida Statutes. Regulatory program and surveillance fees for MS4 permits are as provided in Section 62-4.052, F.A.C. Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History—New 10-22-00. 62-624,200 Definitions. (1) Co -permittee means a permittee to a NPDES permit that is only responsible for permit conditions relating to the municipal separate storm sewer that it operates. (2) Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities. (3) Incorporated place means a city, town, township, or village that is incorporated under the laws of Florida. (4) Large municipal separate storm sewer system means all municipal separate storm sewers that are either: (a) Located in an incorporated place or county with a population of 250,000 or more as determined by the 1990 Decennial Census conducted by the federal Bureau of Census; or (b) Owned or operated by a municipality other than those described in paragraph (4)(a) of this section and that are designated by the Department as part of the large municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (4)(a) of this section. In making this determination the Department shall consider the following factors: 1. Physical interconnections between the municipal separate storm sewers; 2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (4)(a) of this section; 3. The quantity and nature of pollutants discharged to waters of the state; and 4. The nature of the receiving waters. (5) Major municipal separate storm sewer outfall means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). (6) Major outfall means a major municipal separate storm sewer outfall. (7) Medium municipal separate storm sewer system means all municipal separate storm sewers that are either: (a) Located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census conducted by the federal Bureau of Census; or (b) Owned or operated by a municipality other than those described in paragraph (7)(a) of this section and that are designated by the Department as part of the medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (7)(a) of this section. In making this determination the Department shall consider the following factors: 1. Physical interconnections between the municipal separate storm sewers; 2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (7)(a) of this section; 3. The quantity and nature of pollutants discharged to waters of the state; and - 915 4. The nature of the receiving waters. (8) Municipal separate storm sewer or MS4 means a conveyance or system of conveyances like roads with stormwater systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains: (a) Owned or operated by a State, city, town, county, special district, association, or other public body (created by or pursuant to State Law) having jurisdiction over management and discharge of stormwater, or an Indian tribe or an authorized Indian tribal organization, that discharges to waters of the state; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW). POTW means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality." This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. (9) Outfall means a point source at the location where a municipal separate storm sewer discharges to water of the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the state and are used to convey waters of the state. Point source is defined as any discernible, confined, and discrete conveyance, such as any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or landfill leachate collection system from which pollutants are or may be discharged. (10) Runoff coefficient means the fraction of total rainfall that will appear at a conveyance as runoff. (11) Stormwater means stormwater runoff, surface runoff and drainage. Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History -New 10-22-00. 62-624.300 General Provisions. (1) Any operator of a large or medium MS4 must be covered by a permit under this chapter. Operators of MS4s such as municipalities, Chapter 298, F.S. special districts, drainage districts, or Districts of the Florida Department of Transportation, that were named as permittees or co -permittees as a result of previous designation by the Regional Administrator of the United States Environmental Protection Agency must be covered by a permit under this chapter. Any operator of a large or medium MS4, or designated permittee or co -permittee must file for re-application with the Department in accordance with the procedures under this chapter. (2) MS4 permits issued under this chapter are subject to the procedural requirements of Rules 62-620.302 (Confidentiality), 62-620.305 (Signatory Requirements), and 62-620.350 (Recordkeeping), F.A.C. (3) For purposes of enforcement, compliance with an MS4 permit constitutes compliance with the applicable provisions of Chapter 403, F.S. For purposes of enforcement, compliance with a permit issued under this chapter pursuant to the authority of Section 403.0885, F.S., constitutes compliance with sections 301, 302, 306, 307, 318, 402 and 403 of the Clean Water Act. (4) A permit may be revoked, suspended, or terminated in accordance with Rule 62-620.345, F.A.C. A permit may be revised in accordance with Rule 62-620.325, F.A.C. A permit may be renewed in accordance with Rule 62-624.420, F.A.C., of this chapter. (5) No Department issued MS4 permit shall be issued for a term of more than 5 years. (6) An annual fee is required as provided in Rule 62-4.052, F.A.C. (7) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of a stormwater management system, for reporting system operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the stormwater management system. Nevertheless, Section 403.141, F.S., creates joint and several liability for those responsible for violations. Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History—New 10-22-00. 62-624.310 General Conditions. All MS4 permits shall be subject to the general conditions set forth in Rule 62-620.610, F.A.C., except for conditions in subsections (7), (12), (16), (17), (22), and (23). Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History—New 10-22-00, 62-624.400 Application Procedures for New MS4 Permits. Applicants for new MS4 permits shall follow the procedures as described in 40 CFR 122.26. Specific Authority 403.061, 403.087, 403.0877FS. Lawlmplemented 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History—New 10-22-00. 62-624.420 Re-application Procedures for MS4 Permits. (1) MS4 permits shall be effective for a fixed term not to exceed five years, if the permittee wishes to continue an activity regulated by an MS4 permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. Permittees are encouraged to consult with the Department before the re-application process begins so that a mutually acceptable municipal stormwater program is developed prior to re-application. - 916 (2) A MS4 permittee may re -apply for permit coverage concurrently with a timely filing of the fourth year annual report. A fourth year annual report used as the principle component for re-application must clearly state that the report is being used for re-application purposes, and must clearly describe proposed revisions to the permittee's activities required under the existing permit. (3) As an alternative, permittees may re -apply for a MS4 permit by submitting an application 180 days prior to the expiration of the permit. The application shall include a proposed stormwater management program and monitoring program in accordance with this section and Rule 62-624.440, F.A.C. (4) A re-application filed in accordance with subsections (2) and (3) of this section shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court. (5) Late re-application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date. Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History—New 10-22-00 62-624.440 Contents of Re-application for MS4 Permit. (1) The Department is committed to allowing flexible re-application requirements that are specific to the needs of the individual MS4 program. However, certain fundamental information is required for all re -applications as follows: (a) Name and mailing address of the permittee that operates the MS4, and if applicable, the names and addresses of the co -permittees that operate a MS4; (b) Names and titles of the primary administrative and technical contacts for the municipal permittee and all co-permittee(s); (c) Identification number of the existing MS4 permit; (d) A listing of changes in co -applicants since issuance of initial MS4 permit; (e) Identification of any previously unidentified water bodies that receive discharges from the MS4; (f) A summary of any known water quality impacts on the newly identified receiving waters from the MS4 discharge; and (g) A summary of known or estimated reductions in stormwater pollutant loads discharged from the MS4 resulting from implementation of the stormwater management plan during the term of the most recent permit. (2) Stormwater Management Program. The stormwater management program (SWMP) is a fundamental element of the MS4 program, Required components of the SWMP are listed in 40 CFR 122.26(d)(2)(iv). Components of the previously permitted SWMP that are found to be effective shall be continued and made an ongoing part of the proposed SWMP. Components to be evaluated for effectiveness for continued emphasis shall include: (a) Public education programs, particularly programs that provide training on the proper design, construction, operation, maintenance, and inspection of stormwater management systems. Another educational focus shall be pollution prevention such as proper disposal of waste oil, household hazardous waste, and pesticide application; (b) Increasing the effectiveness or maintaining effective programs to reduce erosion and sedimentation from construction activities; (c) Increasing the effectiveness or maintaining effective programs to reduce pollution and other adverse ecological effects from stormwater discharges associated with new development or re -development activities; (d) Retrofitting the existing MS4 to reduce pollutants as set forth in a local SWMP; (e) Increasing the effectiveness or maintaining effective inspections of stormwater management and treatment systems to assure they are properly operated and maintained; (f) Coordination and participation with adjacent MS4s, the Department, Water Management Districts, or other groups in monitoring the effects of stormwater discharges or the effectiveness of stormwater management programs; (g) Coordinating and participating with the Department, Water Management Districts, or other groups that are developing a watershed approach to reduce the adverse effects of stormwater discharges; (h) Detecting and eliminating non-stormwater discharges to the MS4; and (i) Inspecting priority high-risk industrial stormwater dischargers to the MS4 to assure that they have implemented pollution prevention plans that minimize the discharge of pollutants to the MS4. (3) The accumulated annual report information as outlined in Rule 62-624.600, F.A.C, shall be evaluated by the applicant, and to the extent practical, be summarized and incorporated into the re-application package. (4) Re-application is an appropriate time for MS4s to evaluate their monitoring program and propose changes to make the program more appropriate and useful. Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History—New 10-22-00. 62-624.460 Application Processing. Permit applications or re -applications shall be processed in accordance with the following: (1) Within 90 days after receipt of an application for permit, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application. - 917 (2) Within 90 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. (3) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled. (4) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1) of this section, and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. Discharge from a MS4 without a valid permit is cause for appropriate enforcement action. (5) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit or modifying the draft permit after an opportunity for public comment or public meeting, if requested. (6) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time. (7) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under Rule 62-620.550(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department's intent to deny, the applicant shall publish notice of proposed agency action under Rules 62-620.550(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in Rules 62-620.550(1) and 62-110.106(7), F.A.C. If the hearing results in a recommendation for approval of the permit, and if the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit. (8) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application. (9) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following: (a) Preparation of a draft permit; (b) Public notice, if required, under Rule 62-620.550(2) through (4), F.A.C.; (c) Completion of the public comment period, including any public meeting, if held; (d) Issuance of a final permit or submittal of a proposed permit to EPA; (e) Public notice, if required, under Rule 62-110.106(7), F.A.C.; and (f) Completion of any formal proceedings which may be associated with the application. (10) A draft permit for issuance shall contain the following information: (a) All conditions the applicant must meet; (b) All applicable compliance schedules; and (c) All monitoring requirements. (11) For all draft permits, the Department shall prepare a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities under Chapter 62-620, F.A.C. (12) Comments from the public under Rule 62-620.550(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-620.555, F.A.C. (13) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of: (a) The application and any supporting data provided by the applicant; (b) The draft permit; (c) The statement of basis or fact sheet; (d) All documents cited in the statement of basis or fact sheet; and (e) Other documents contained in the supporting file. (14) Material readily available at the Department office issuing the permit or published material that is generally available and included in the administrative record need not be physically included with the rest of the record as long as it is specifically referenced in the statement of basis or the fact sheet. (15) The Department shall prepare a proposed permit after the close of the public comment period under Rule 62-620.550(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-620.555, F.A.C.; - 918 (16) Except as waived by EPA in a Memorandum of Agreement with the Department, for discharges regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall submit the proposed permit to the EPA for its concurrence in the Department decision. Upon receipt of the EPA concurrence, the Department shall prepare and send to the applicant for publication the public notice required under Rule 62-620.550(1), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing. (17) Permits shall be issued or denied as follows: (a) For a MS4 regulated under this chapter, the Department shall grant a permit or deny the permit application within 90 days after the Department has received notice from the EPA as to whether the EPA concurs with the proposed permit; (b) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.57, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn; or (c) If these time schedules are not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time. (d) If EPA objects to issuance of the permit in accordance with 40 CFR 123.44 and in writing within 90 days of submittal to EPA, and the Department fails to submit to EPA a revised permit satisfying the objections in accordance with the following timeframe, exclusive authority to issue the permit passes to EPA. The Department shall have 90 days from receipt of the EPA objections, or 30 days from the date of a public hearing on the objections, to submit a revised permit to EPA. The Department shall advise the applicant of the EPA objections. Specific Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History—New 10-22-00. 62-624.500 Standards for Issuing or Denying Permits. (1) The Department shall use the provisions of 40 CFR 122.26, revised as of July 1, 1999, hereby incorporated by reference, for implementation of the program. Where there are conflicts with general or specific requirements of 40 CFR 122.26, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for MS4 facilities. (2) The Department shall issue a MS4 permit only if the applicant affirmatively provides the Department with reasonable assurance that the stormwater management program will achieve a reduction of the discharge of pollutants from the MS4 to the Maximum Extent Practicable in accordance with 40 CFR 122.26. (3) The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of the permit. Specific Authority 403.061, 403.087, 403.815 FS, Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS History—New 10-22-00. 62-624.600 Annual Report. (1) Each permittee or co -permittee is responsible for contributing towards the preparation of a system -wide Annual Report. The first year Annual Report must cover the twelve month period beginning on the effective date of the permit and is due six months after the first anniversary of the effective date of the permit. The Annual Report is due each subsequent year to the Department six months after the anniversary of the effective date of the permit. (2) Components of the Annual Report must include: (a) Name of the lead person or official responsible for the implementation of the terms and conditions listed for a permittee covered under a permit. (b) Evaluation of the stormwater management program including objectives of the program, major findings, major accomplishments, overall program strengths and weaknesses, and future direction of the program. (c) Summary Table. This table provides a description of the permittee's responsibility and obligations for each element of the stormwater management plan as listed in the permit, and an indication of the success or failure towards completing the requirements of each element. The purpose of the Summary Table is to document activities relevant to program elements and permittees' compliance status with quantifiable permit requirements. Program elements that are primarily administrative, or that lack quantifiable measures of success are inappropriate for the Summary Table and shall be discussed in the narrative section of the Annual Report. (d) Narrative Report. 1. The Annual Report shall contain a Narrative Report to discuss progress related to all stormwater management program elements, including those not addressed within the stormwater management program Summary Table. The Narrative Report shall include a brief discussion of the following applicable stormwater management program elements; a. Structural Controls, Inspection, and Maintenance; b. Development Planning Procedures; c. Roadway Maintenance; d. Flood Management; e. Municipal Facilities; - 919 f Pesticides, Herbicides, and Fertilizers; g. Illicit Discharge Inspections, Investigations, and Enforcement; h. Field Screening; i. Spill Response; j. Public Reporting of Illicit Discharges; k. Oil and Household Hazardous Waste; 1. Sanitary Sewer Seepage; m. High Risk Industrial Facility Inspection; n. Construction Planning Procedures; o. Construction Inspections; p. Education Activities; q. Monitoring Activities; and r. Any additional elements of the stormwater management program. 2. The Narrative Report shall further provide a brief discussion of each of the stormwater management program elements. The aspects of each permittee's activities concerning a stormwater management program element shall be discussed in the section of the Narrative Report dedicated to that element. The discussion shall include the following: a. Objective of the element; b. Stormwater management program element activities completed and those in progress; c. General discussion of the element including an explanation of all element activity deficiencies. Results of activities shall be summarized and discussed; d. Status of stormwater management program element with compliance, implementation and augmentation schedules in Part III of the permit; e. Stormwater management program elements strengths and weaknesses; f. Assessment of controls; and g. Discussion of element revisions that are summarized elsewhere in the Annual Report. (e) A summary of stormwater management program and monitoring modifications made during the permit year; (f) A complete fiscal analysis for each permittee's program implementation, both for the past fiscal year and the next fiscal year. The analysis shall indicate budgets and funding sources. (g) The following information shall be included as Appendices within the fifth year Annual Report: 1. Analytical data collected from the monitoring program; and 2. Results of illicit connections screening or dry weather screening. (h) Monitoring section. The Annual Report shall contain a Monitoring Section that discusses the progress and results of the monitoring programs required under 40 CFR 122.26. 1. The monitoring section of the annual report includes a summary of the monitoring program developed and implemented under the permit. The details to be discussed must include: a. Brief summary statement of the objective of each monitoring project included under the program; b. Summary chart of the data from the monitoring completed; c. Discussion of any results or conclusions derived from the monitoring completed; d. Status of monitoring with respect to the compliance schedule developed in the permit; and e. Discussion of monitoring program revisions that are summarized elsewhere in the Annual Report. 2. The Monitoring Section of the Annual Report shall include the following information: a. The first year Annual Report shall contain an inventory of all known major outfalls covered by the permit, with updates describing additionally identified major outfall in each subsequent Annual Report; and b. The third year Annual Report shall include estimates of seasonal pollutant loadings and event mean concentrations (BMC) for each major outfall or each major watershed covered by the permit. Specific Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History --New 10-22-00. 62-624.700 Transfer of Operational Authority. (1) The permittee shall extend the stormwater management program on newly annexed areas on the effective date of annexation and shall include a summary of all new areas added to the MS4 in the subsequent Annual Report. The summary shall include a map and written description of all newly annexed areas. (2) Areas removed from a MS4's jurisdiction due to annexation by an adjacent city or county must be described in the subsequent Annual Report. The description must include a map and written description of all vacated areas. Specific Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History—New 10-22-00. - 920 I STATE OF FLORIDA 2 3 4 5 DEPARTMENT OF ENVIRONMENTAL PROTECTION 6 7 8 9 GENERIC PERMIT 10 11 12 FOR 13 14 15 DISCHARGE OF STORMWATER FROM PHASE II 16 17 MUNICIPAL SEPARATE STORM SEWER SYSTEMS 18 19 20 21 22 23 24 December 2002 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DEP Document 62-621.300(7)(a) 1 Effective December 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems Contents I. Authorization to Discharge A. Authorized Discharges B. Limitations on Coverage II. Obtaining Authorization to Discharge A. Discharge Prohibited Without Permit Coverage B. Effective Date of Coverage C. Change of Operator/Name III. Deadlines for Notification A. Automatic Designation B. Designation by the Department IV. Contents of Notice of Intent A. Notice of Intent B. BMPs/Measurable Goals V. Stormwater Discharges Compliance And Water Quality Standards A. The Maximum Extent Practicable (MEP) Standard B. Total Maximum Daily Load (TMDL) Allocations. VI. Stormwater Management Programs/Six Minimum Control Measures VII. Initial Submission/Development of Stormwater Management Program A. Initial Submission B. Menu of BMPs C. Deadline for Development of Stormwater Management Plan VIII. Evaluation and Assessment A. Evaluation B. Record Keeping C. Reporting DEP Document 62-621.300(7)(a) Effective December 2002 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 IX. Sharing Responsibility for Minimum Control Measures A. Sharing Responsibilities B. Permittee/Operator Ultimately Responsible X. Qualifying Alternative Program XI. General Permit Conditions XII. Duty to Comply XIII. Term of Coverage and Re -Application XIV. Operation and Maintenance DEP Document 62-621.300(7)(a) 3 Effective December 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Generic Permit for Discharge of Stormwater from Phase it Municipal Separate Storm Sewer Systems (Rule 62-621.300(7)(a), F.A.C.) This Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s) implements, in part, Section 402(p)(6) of the Clean Water Act' pursuant to the Department's federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program. The Department's NPDES stormwater program is authorized by Section 403.0885, Florida Statutes, and implemented through applicable provisions under Chapters 62-4, 62-620, 62-621 and Chapter 62-624, Florida Administrative Code (F.A.C). This generic permit is incorporated by reference at Rule 62-621.300(7)(a), F.A.C. I. Authorization To Discharge A. Authorized Discharges. This permit allows the discharge of stormwater from Phase II municipal storm sewer systems consistent with Section 403(p)(6) of the federal Clean Water Act. To utilize this generic permit, the operator of a regulated MS4 must: 1. File a Notice of Intent to Utilize the Generic Permit for Discharge of 28 Stormwater from Phase II Municipal Separate Storm Sewer Systems MS4s) as 29 incorporated by Rule 62-621.300(7)(b), F.A.C.; 133 U.S.C. Section 1342(p)(6) DEP Document 62-621.300(7)(a) 4 Effective December 2002 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. File a permit fee, which must accompany the NOI, as prescribed by Rule 62- 4.050(4)(d), F.A.C.; and, 3. Comply with any and all applicable provisions of this generic permit as set forth herein. B. Limitations on Coverage. Stormwater discharges that are mixed with non- stormwater, or stormwater discharges associated with industrial activity, are not authorized under this permit unless such discharges are: 1. in compliance with a separate NPDES permit; or, 2. within one of the following categories of non-stormwater discharges and provided they do not cause a violation of water quality standards: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensate, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering runoff, water from individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, residual street wash water, and discharges or flows from fire fighting activities. 11. Obtaining Authorization To Discharge A. Discharge Prohibited Without Permit Coverage: No discharge from a Phase 11 MS4 is authorized unless and until the operator of the regulated Phase II MS4 DEP Document 62-621.300(7)(a) 5 Effective December 2002 I has applied for and received coverage under this generic permit, or alternatively 2 has received coverage under an individual permit. To apply for coverage under 3 this generic permit, the operator of the Phase II MS4 must submit the NOI, 4 additional information as set out in Part VII herein, and the required permit fee, 5 to: 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 NPDES Stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. Effective Date of Coverage: Coverage under this generic permit shall be effective upon written notification by the Department. The Department shall process requests for coverage under this generic permit pursuant to the provisions of Rule 62-620.510(1)-(5) and (8), F.A.C. Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. C. Change of Operator/Name: If the operator of the Phase II MS4 changes, such that a different entity is responsible for operating the Phase II MS4, a new NOI and permit fee must be filed with the Department. If the change is a name change only, the operator must notify the Department by letter, directed to the same address as used for submitting an NOI, advising of the name change. The name change must be reflected, and an explanation for the basis of the name change must be included, in the next Annual Report immediately following the name change. III. Deadlines for Notification A. Automatic Desi nation: DEP Document 62-621.300(7)(a) 6 Effective December 2002 1 1. 1990 Census. If designated under Rule 62-624.800(1)(a), F.A.C., based upon 2 the 1990 federal census, the operator of the Phase II MS4 must apply for 3 coverage under this generic permit, or apply for modification of an existing Phase 4 1 MS4 permit under Rule 62-624.810(2), as an alternative to coverage under this s permit, by March 10, 2003. 6 2. 2000 Census. If designated under Rule 62-624.800(1)(a), F.A.C., based upon 7 the 2000 federal census, the operator of the Phase II MS4 must apply for s coverage under this generic permit, or apply for modification of an existing Phase 9 I MS4 permit under Rule 62-624.810(2), as an alternative to coverage under this io permit, by March 10, 2004. 11 B. Designation by the Department: If designated under Rule 62-624.800(1)(b), 12 F.A.C., the operator of the Phase II MS4 must apply for coverage under this 13 generic permit, or apply for modification of an existing Phase I MS4 permit under 14 Rule 62-624.810(2), as an alternative to coverage under this permit, within one 15 year of notice, unless the Department grants a later date. 16 IV. Contents of Notice of Intent 17 18 A. Notice of Intent. Application for use of this generic permit must be made on 19 the Form adopted at Rule 62-621.300(7)(b), F.A.C. The Notice(s) of Intent shall 20 be signed by the operator, or legal representative of the operator, as instructed 21 within the NOI. 22 B. BMPs/Measurable Goals: As a part of the NOI, an outline of a proposed 23 stormwater management program, including proposed best management 24 practices (BMPs) to be implemented and proposed measurable goals for each of DEP Document 62-621.300(7)(a) 7 Effective December 2002 I the stormwater minimum control measures, as set forth in this permit, must be 2 submitted. The outline shall estimate the year in which the operator will start and 3 fully implement each element of the required minimum control measures, or 4 indicate the frequency of the action if more appropriate, and identify the entity or s department expected to be responsible for implementing and or coordinating the 6 stormwater management program. 7 Part V. Stormwater Discharges Compliance And Water Quality Standards g 9 A. The Maximum Extent Practicable (MEP) Standard: The stormwater io management program must be designed and implemented to reduce the i i discharge of pollutants from the Phase II MS4 to surface waters of the State to 12 the maximum extent practicable (MEP). Narrative effluent limitations requiring 13 implementation of best management practices (BMPs) are generally the most 14 appropriate form of effluent limitations when designed to satisfy technology is requirements (including reduction of pollutants to the maximum extent 16 practicable) and to protect water quality. Implementation of best management 17 practices consistent with the provisions of the stormwater management program ig required pursuant to this generic permit constitutes compliance with the standard i9 of reducing pollutants to the "maximum extent practicable." The "maximum 20 extent practicable" standard is applied to MS4s in recognition of the fact that an 21 operator typically does not have total control over the quality or quantity of 22 stormwater entering its system and ultimately entering waters of the state. 23 Stormwater management programs must be assessed and adjusted, as part of 24 an iterative process, to maximize their efficiency and male reasonable further DEP Document 62-621.300(7)(a) g Effective December 2002 I progress toward an ultimate goal of reducing the discharge of pollutants to the 2 extent necessary to protect the designated uses of receiving waters. 3 B. Total Maximum Daily Load (TMDL) Allocations. If a TMDL is approved for any 4 water body into which the Phase II MS4 discharges, the operator must review its s stormwater management program provided that the TMDL includes requirements 6 for control of stormwater discharges. If the Phase II MS4 is not meeting its 7 TMDL allocation, the operator must modify its stormwater management program s to comply with the provisions of the TMDL Implementation Plan applicable to the 9 operator in accordance with the schedule in the Implementation Plan. 10 VI. Stormwater Management Pro ram Requirements/Six Minimum Control I i Measures 12 13 A. The operator of the MS4 must develop, implement, and enforce a stormwater 14 management program. The stormwater management program must include the is following six (6) minimum control measures: 16 1. Public Education and Outreach as to Stormwater Impacts 17 a. The operator of the Phase II MS4 must: is (1) implement a public education program to distribute educational materials to i9 the community or conduct equivalent outreach activities about the impacts of 20 stormwater discharges on water bodies and the steps that the public can take to 21 reduce pollutants in stormwater runoff. 22 b. Acceptable efforts may include but are not limited to: 23 (1) using stormwater educational materials provided by the State, EPA, 24 environmental, public interest or trade organizations, or other MS4s; DEP Document 62-621.300(7)(a) 9 Effective December 2002 1 (2) informing individuals and households about the steps they can take to reduce 2 stormwater pollution, such as ensuring proper septic system maintenance, 3 modifying landscapes in accordance with principles described in the Florida 4 Yards and Neighborhoods Program, disconnecting directly connected impervious s area (such as roof downspouts), ensuring the proper use and disposal of 6 landscape and garden chemicals including fertilizers and pesticides, protecting 7 and restoring riparian vegetation, and properly disposing of used motor oil, s household hazardous wastes, or pet wastes; 9 (3) informing individuals and groups how to become involved in local stream and 10 water body restoration and clean-up activities as well as activities that are 11 coordinated by youth service and conservation corps or other citizen groups; 12 (4) tailoring the program, using a mix of locally appropriate strategies, to target 13 specific audiences and communities. The operator should target some of the 14 materials or outreach programs to be directed toward targeted groups of is commercial, industrial, and institutional entities likely to have significant 16 stormwater impacts. For example, providing information to restaurants on the 17 impact of grease clogging storm drains and to garages on the impact of oil 18 discharges; 19 (5) the operator of the Phase II MS4 shall tailor the outreach program to address 20 the viewpoints and concerns of all communities, including minority and 21 disadvantaged communities, as well as any special concerns relating to children. 22 c. The operator of the Phase Il MS4 must define appropriate BMPs for this 23 minimum control measure and measurable goals for each BMP. In the context of DEP Document 62-621.300(7)(a) 10 Effective December 2002 i this minimum control measure, the term BMP is understood to include activities 2 and programs undertaken to implement the public information and outreach 3 efforts required under this permit. 4 2. Public Involvement/Participation s 6 a. The operator of the Phase II MS4 must - 7 (1) at a minimum, comply with State and local public notice requirements when s implementing a public involvement/participation program. 9 b. Acceptable efforts may include but are not limited to: io (1) including the public in developing, implementing, and reviewing the I i stormwater management program and making efforts to reach out and engage all 12 economic and ethnic groups. Opportunities for members of the public to 13 participate in program development and implementation include serving as 14 citizen representatives on a local stormwater management panel, attending is public hearings, working as citizen volunteers to educate other individuals about 16 the program, assisting in program coordination with other pre-existing programs, 17 or participating in volunteer monitoring efforts. is c. The operator of the Phase II MS4 must define appropriate BMPs for this i9 minimum control measure and measurable goals for each BMP. In the context of 20 this minimum control measure, the term BMP is understood to include activities 21 and programs undertaken to implement the efforts to assure public participation 22 required under this permit. 23 3. Illicit Discharge Detection and Elimination 24 a. The operator of the Phase 11 MS4 must: DEP Document 62-621.300(7)(a) i 9 Effective December 2002 1 (1) develop, implement and enforce a program to detect and eliminate illicit 2 discharges (as defined by Rule 62-624.200(2)) into the Phase II MS4; 3 (2) develop, if not already completed, a storm sewer system map, showing the 4 location of all known outfalls and the names and location of all surface waters of s the State that receive discharges from those outfalls; 6 (3) to the extent allowable under State or local law, effectively prohibit, through 7 ordinance, or other regulatory mechanism, non-stormwater discharges into the 8 storm sewer system and implement appropriate enforcement procedures and 9 actions; io (4) develop and implement a plan to detect and address non-stormwater t i discharges, including illegal dumping, to the system; and, 12 (5) inform public employees, businesses, and the general public of hazards 13 associated with illegal discharges and improper disposal of waste. 14 b. Acceptable efforts may include but are not limited to: 1s (1) ensuring that the plan to detect and address illicit discharges include the 16 following four components: procedures for locating priority areas likely to have 17 illicit discharges; procedures for tracing the source of an illicit discharge; 18 procedures for removing the source of the discharge; and procedures for j9 program evaluation and assessment. 20 (2) conducting visual screening of the outfalls during dry weather and conduct 21 field tests of selected pollutants as part of the procedures for locating priority 22 areas. DEP Document 62-621.300(7)(a) ] 2 Effective December 2002 I c. The operator of the Phase II MS4 must define appropriate BMPs for this 2 minimum control measure and measurable goals for each BMP. In the context of 3 this minimum control measure, the term BMP is understood to include activities 4 and programs undertaken to implement the public illicit discharge elimination s efforts required under this permit. 6 4. Construction Site Stormwater Runoff Control 7 a. The operator of the Phase II MS4 must - 8 (1) develop, implement, and enforce a program to reduce pollutants in any 9 stormwater runoff to the Phase II MS4 from construction activities that result in a to land disturbance of greater than or equal to one acre. Reduction of pollutants 11 associated with stormwater discharges from construction activity disturbing less 12 than one acre must be included in your program if that construction activity is part 13 of a larger common plan of development or sale that would disturb one acre or 14 more. Larger common plan of development does not refer to local 15 comprehensive plans or growth management plans. 16 The program must include the development and implementation of, at a 17 minimum: 18 (a) an ordinance or other regulatory mechanism to require erosion and sediment 19 controls, as well as sanctions to ensure compliance, to the extent allowable 20 under State, or local law; 21 (b) requirements for construction site operators to implement appropriate erosion 22 and sediment control best management practices; DEP Document 62-621.300(7)(a) 13 Effective December 2002 I (c) requirements for construction site operators to control waste such as 2 discarded building materials, concrete truck washout, chemicals, litter, and 3 sanitary waste at the construction site that may cause adverse impacts to water 4 quality; s (d) procedures for site plan review which incorporate consideration of potential 6 water quality impacts, 7 (e) procedures for receipt and consideration of information submitted by the s public; and 9 (f) procedures for site inspection and enforcement of control measures. io b. Acceptable efforts may include but are not limited to: 11 (1) sanctions to ensure compliance - examples include stop -work orders, non - 12 monetary penalties, fines, bonding requirements and/or permit denials for non - 13 compliance; 14 (2) procedures for site plan review including the review of individual 1s pre -construction site plans to ensure consistency with Department, Water 16 Management District, or local sediment and erosion control requirements as 17 appropriate; 18 (3) procedures for site inspections and enforcement of control measures 19 including steps to identify priority sites for inspection and enforcement based on 20 the nature of the construction activity, topography, and the characteristics of soils 21 and receiving water quality; and DEP Document 62-621.300(7)(a) 14 Effective December 2002 1 (4) providing educational and training measures for construction site operators 2 which may include inspector training under the Florida Stormwater Erosion and 3 Sedimentation Control Inspector Training Program. 4 (5) requiring submittal of proof of an issued Department or Water Management s District Stormwater Discharge or Environmental Resource Permit before 6 issuance of local approvals for site clearing or construction. 7 c. The operator of the Phase II MS4 must define appropriate BMPs for this s minimum control measure and measurable goals for each BMP. 9 5. Post -construction Stormwater Management in New Development 10 and Redevelopment 11 12 a. The operator of the Phase 11 MS4 must: 13 (1) develop, implement, and enforce a program to address post -construction 14 stormwater runoff from new development and redevelopment projects that 15 disturb greater than or equal to one acre, including projects less than one acre 16 that are part of a larger common plan of development or sale, that discharge into 17 the Phase 11 MS4. The program must require that controls are in place that would 18 prevent or minimize water quality impacts from new development or 1 g redevelopment; 20 (2) develop and implement strategies which include a combination of structural 21 and/or non-structural best management practices (BMPs) appropriate for the 22 community; and 23 (3) use an ordinance or other regulatory mechanism to address post -construction 24 runoff from new development and redevelopment projects to the extent allowable 25 under State or local law; and DEP Document 62-621.300(7)(a) 15 Effective December 2002 1 (4) require adequate long-term operation and maintenance of BMPs. 2 b. Acceptable efforts may include but are not limited to: 3 (1) ensuring that the BMPs chosen are appropriate for the local community; 4 minimize water quality impacts; and attempt to maintain pre -development runoff s conditions; 6 (2) requiring submittal of proof of an issued Department or Water Management 7 District Stormwater Discharge or Environmental Resource Permit before s issuance of local approvals for site clearing or construction. 9 (3) participating in locally -based watershed planning efforts which attempt to to involve a diverse group of stakeholders including interested citizens in choosing 11 appropriate BMPs. When developing a program that is consistent with this 12 measure's intent, it is recommended that the operator adopt a planning process 13 that identifies the municipality's program goals (e.g., minimize water 14 quality impacts resulting from post -construction runoff from new development 15 and redevelopment), implementation strategies (e.g., adopt a combination of 16 structural and/or non-structural BMPs), operation and maintenance policies and 17 procedures, and enforcement procedures; 18 (4) in developing the program, consider assessing existing ordinances, policies, 19 programs and studies that address stormwater runoff quality. In addition to 20 assessing these existing documents and programs, the operator of the Phase II 21 MS4 should provide opportunities to the public to participate in the development 22 of the program; DEP Document 62-621.300(7)(a) 16 Effective December 2002 1 (5) ensure the appropriate implementation of the structural BMPs by considering 2 some or all of the following: pre -construction review of BMP designs; inspections 3 during construction to verify BMPs are built as designed; post -construction 4 inspection and maintenance of BMPs; and penalty provisions for the s noncompliance with design, construction or operation and maintenance; and 6 (6) ensure that the requirements are responsive to the constantly changing 7 stormwater technologies, developments or improvements in control technologies. s (7) providing educational and training measures for construction site operators 9 which may include inspector training under the Florida Stormwater Erosion and io Sedimentation Control Inspector Training Program. I i c. The operator of the Phase II MS4 must define appropriate BMPs for this 12 minimum control measure and measurable goals for each BMP. 13 6. Pollution Prevention/Good Housekeeping for Municipal Operations 14 a. The operator of the Phase II MS4 must: 15 (1) develop and implement an operation and maintenance program that includes 16 a training component and has the ultimate goal of preventing or reducing v pollutant runoff from municipal operations; and is (2) using tra.ining materials that are available from EPA, the State, or other i9 organizations, the program must include employee training to prevent and reduce 20 stormwater pollution from activities such as park and open space maintenance, 21 fleet and building maintenance, new construction and land disturbances, and 22 stormwater system maintenance. 23 b. Acceptable efforts may include but are not limited to: DEP Document 62-621.300(7)(a) 17 Effective December 2002 1 (1) at a minimum, consider the following in developing the program: 2 (a) maintenance activities, maintenance schedules, and long-term inspection 3 procedures for structural and non-structural stormwater controls to reduce 4 floatables and other pollutants discharged from separate storm sewers; 5 (b) controls for reducing or eliminating the discharge of pollutants from streets, 6 roads, highways, municipal parking lots, maintenance and storage yards, fleet or 7 maintenance shops with outdoor storage areas, and waste transfer stations; s (c) procedures for properly disposing of wastes removed from the separate storm 9 sewers and areas listed above (such as dredge spoil, accumulated sediments, to floatables, and other debris); and, I 1 (d) ways to ensure that new flood management projects are designed in such a 12 way that they minimize or reduce pollutant loading to the MS4 or waters of the 13 state and examine existing projects for incorporating additional water quality 14 protection devices or practices. 15 and; 16 (2) include operation and maintenance as an integral component of all 17 stormwater management programs. This measure is intended to improve the 18 efficiency of these programs and require new programs where necessary. ig c. The operator of the Phase II MS4 must define appropriate BMPs for this 20 minimum control measure and measurable goals for each BMP. DEP Document 62-621.300(7)(a) is Effective December 2002 I VII. Initial Submission/Development of Stormwater Management Program 2 A. Initial Submission. As part of the notice of intent filed to utilize the generic 3 permit, as incorporated at Rule 62-621.300(7)(b), F.A.C., the permittee must 4 submit the following information: s 1. BMPs: A description of the best management practices (BMPs) that the 6 permittee or another entity will implement for each of the required elements of the 7 six minimum control measures at paragraphs VI.A.1. through VI.A.6. of this s section, including a schedule for BMP development and implementation; 9 2. Measurable Goals: The measurable goals for each of the BMPs including, as io appropriate, the months and years in which the permittee will undertake required 11 actions, including interim milestones and the frequency of action; and, 12 3. Entity Responsible: The entity or department responsible for implementing or 13 coordinating the stormwater management program. 14 4. In addition to the requirements listed above, the submittal must provide a brief 15 rationale describing the reasons why each of the BMPs and measurable goals 16 were selected for the stormwater management program, and how the success of 17 each minimum measure will be evaluated. Such information is required for each 18 of the required elements of the six minimum control measures. 19 B. Menu of BMPs. The Department encourages operators to use the 20 Department's Land Development Manual, and the U.S. Environmental Protection 21 Agency's National Menu of Best Management Practices for Storm Water Phase II 22 in developing their stormwater programs. Operators may rely upon the EPA 23 BMP menu as the Department's menu of best management practices as required DEP Document 62-621.300(7)(a) 19 Effective December 2002 I under 40 CFR 123.35(8). The national menu is maintained at the Department's 2 website. 3 C. Deadline for Development of Stormwater_Management Program. The 4 operator of a Phase II MS4 must develop and implement all components of its 5 stormwater management program no later than five (5) years from the date of 6 receiving coverage under this permit. 7 VIII. Evaluation And Assessment s 9 A. Evaluation. The permittee must evaluate program compliance, the 10 appropriateness of identified best management practices, and progress towards 11 achieving identified measurable goals. 12 B. Record Keeping. The permittee must keep records required by the permit for 13 at least 3 years from the date permit coverage expires. The permittee must 14 submit its records to the Department when specifically asked to do so. The 15 permittee must make its records, including a description of its stormwater 16 management program, available to the public at reasonable times during regular 17 business hours. A reasonable charge for copying may be assessed not to 18 exceed the maximum allowed under Section 119.07, Fla. Stat. A member of the 19 public may be required to provide reasonable advance notice prior to inspecting 20 the records. 21 C. Reporting. The permittee must submit Annual Reports to the Department for 22 the first five (5) year permit term. Annual Reports are due within six months of the 23 anniversary date of permit coverage. For subsequent permit terms, the permittee 24 must submit reports in year two and four unless the Department requires more DEP Document 62-621.300(7)(a) 20 Effective December 2002 1 frequent reports. Annual Reports must be signed in accordance with the 2 requirements of Rule 62-620.305, F.A.C. The report must include - 3 1. The status of compliance with permit conditions, an assessment of the 4 appropriateness of identified best management practices and progress towards s achieving identified measurable goals for each of the required elements of the six 6 minimum control measures; 7 2. Summaries or results of information collected and analyzed. If independent s monitoring is performed, provide monitoring data collected during the reporting 9 period; to 3. A summary of the stormwater activities the permittee plans to undertake 11 during the next reporting cycle; 12 4. A change in any identified best management practices, measurable goals or 13 schedules for implementation for any of the required elements of the six 14 minimum control measures; and, 15 5. Notice that the permittee is relying on another governmental entity to satisfy 16 any part of its permit obligations (if applicable). 17 IX. Sharing Resoonsibility_for Minimum Control Measures 18 A. Sharing Responsibilities. A permittee may rely upon another entity to satisfy 19 its permit obligations to implement a minimum control measure if: 20 1. The other entity, in fact, implements the control measure; 21 2. The particular control measure, or component thereof, is at least as stringent 22 as the corresponding permit requirement; and DEP Document 62-621.300(7)(a) 21 Effective December 2002 1 3. The other entity agrees to implement the control measure on the permittee's 2 behalf. In the reports submitted, as required by this generic permit, the permittee 3 must also specify that it is relying upon another entity to satisfy some of its permit 4 obligations. If relying upon another entity regulated under Chapter 62-624 to s satisfy all of its permit obligations, including its obligation to file periodic reports, 6 the permittee must note that fact in its NOI, but is not required to file the periodic 7 reports. s B. Permittee/Operator Ultimately Responsible. The permittee remains 9 responsible for compliance with its permit obligations if the other entity fails to io implement the control measure or component thereof. 11 X. Qualifyinq Alternative Program 12 In some cases, the Department may recognize that another governmental entity 13 is responsible for implementing one or more of the minimum control measures for 14 a Phase 11 M54 or that the permitting authority itself is responsible. Where the is Department does so, the permittee is not required to include such minimum 16 control measure(s) in its stormwater management program. If an operator 17 intends to rely upon a qualifying alternative program, it must identify the program is and the applicable minimum control measure in its initial filing accompanying the 19 NO]. This permit may be reopened and modified to include the requirement to 20 implement a minimum control measure if the entity fails to implement it or if the 21 Department determines that the proposed alternative program does not assure 22 compliance with this generic permit, or any applicable state or federal law. DEP Document 62-621.300(7)(a) 22 Effective December 2002 t Qualifying alternative programs that are recognized by this generic permit are 2 detailed below: 3 A. For meeting the requirements for the minimum control measures as described 4 in subsection VI.A.5., Post -construction Stormwater Management in New s Development and Redevelopment, the program(s) implementing the regulation of 6 construction and operation of stormwater management and treatment systems 7 under Part IV, Chapter 373, F.S., are recognized by this generic permit as a s qualifying alternative program, within specific geographic boundaries and by the 9 specific programs as indicated below. to 1. For MS4s operated in the Northwest Florida Water Management District, the I t program implementing Rule 62-25, F.A.C., Regulation of Stormwater Discharge. 12 2. For MS4s operated in the Suwannee River Water Management District, the 13 program implementing Rule 406-4, F.A.C., Environmental Resource and Works 14 of the District Permits. 15 3. For MS4s operated in the St. Johns River Water Management District, the 16 program implementing Rule 40C-42, F.A.C., Regulation of Stormwater 17 Management Systems. is 4. For MS4s operated in the Southwest Florida Water Management District, the i9 program implementing Rule 40D-4, F.A.C., Management and Storage of Surface 20 Waters. 21 5. For MS4s operated in the South Florida Water Management District, the 22 program implementing Rule 40E-4, F.A.C., Surface Water Management. 23 DEP Document 62-621.300(7)(a) 23 Effective December 2002 I Xf. General Permit Conditions 2 This generic permit incorporates by reference the permit conditions set forth in 3 Rule 62-621.250, F.A.C. 4 XII. Duty to Comply s Violation of a permit condition, failure to obtain a required permit, or a violation of 6 any applicable statute, rule, regulation or standard, may result in the Department 7 seeking civil, criminal or administrative relief pursuant to Chapter 403, Fla. Stat., & and rules promulgated thereunder. 9 XIII. Term of Coverage and Re -Application jo The term of coverage provided under this generic permit is five years and begins 11 on the date of the NOI sufficiency letter issued by the Department in accordance 12 with Subsection II.B. A permittee that desires to continue coverage under this 13 generic permit after the initial permit term must file an NOI for coverage at least 14 180 days prior to the expiration of the five year permit term. Permit coverage 15 shall be administratively continued if a timely NOI is filed for Re-application, and 16 the permittee is in compliance with the conditions and terms of this generic 17 permit. is XIV. Operation and Maintenance i9 All facilities and systems of treatment and control that are installed or used to 20 achieve compliance with the conditions of this generic permit and with the 21 conditions of the stormwater management program must be properly operated 22 and maintained at all times. Proper operation and maintenance also includes 23 adequate laboratory controls and appropriate quality assurance procedures. DEP Document 62-621.300(7)(a) 24 Effective December 2002