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GMP Sub Committee Policies/Meetings/General Correspondence - Vol 1 Til COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 November 15, 19 9 5 (813)732-2505 FAX(813)774-9222 Rachael Mills, Management Analyst FDEP - Information Systems A CERTIFIED BLUE CHIP COMMUNITY Twin Towers Mail Station 6520 2600 Blairstone Road Tallahassee, FL 32399-2400 Dear Ms. Mills: : As part of the County's 5-year EAR/GMP Process, I am requesting information about wetland losses from the state. Currently, I have the Reports to the Legislature on Permitted Wetland Projects dating from October 1, 1988 thru February 1, 1993 (See Attachments la-c) . Also, I have a table for Final Action Taken and Wetland Impacts Due to Permits Issued by DEP from October 1, 1992 thru September 30, 1993 (See Attachment 2a-d) . In order to complete the process I have to start with January 17 , 1989 thru present date. Therefore by via computer, would you please breakdown the information within the 1988-1989 Report so that I may obtain information from January 17, 1989 thru September 30, 1994 and by utilizing the most recent criteria formulate data from October 1, 1993 thru present date. I've spoken with some the FDEP staff members in the South District Office and they have indicated that the information is available, although it may take 2 to 4 reports (per a year of permitted wetland projects) to assimilate the information. At your convenience, please schedule my request as soon as possible. I am looking forward to receiving this information from you within three weeks, no later than December 12, 1994. If you have any questions or need additional information regarding my request please do not hesitate to give me a call at 732-2505. Sincerely, ,-/'?Tee-W---2f- )9(_#- -- Kimberly J. Poien Environmental Specialist II Enclosures cc: EPTAB/GMP File A..' lillA _ COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 November 15, 199 5 (813)732-2505 FAX(813)774-9222 Gordon Rome i s A CERTIFIED BLUE CHIP COMMUNITY South District Office Florida Department of Environmental Protection 2295 Victoria Avenue Fort Myers, FL 33901-2896 Dear Mr. Romeis: As part of the County's 5-year EAR/GMP Process, I am requesting information about wetland losses from the state. Currently, I have the Reports to the Legislature on Permitted Wetland Projects dating from October 1, 1988 thru February 1, 1993 (See Attachments la-c) . Also, I have a table for Final Action Taken and Wetland Impacts Due to Permits Issued by DEP from October 1. 1992 thru September 30, 1993 (See Attachment 2a-d) . In order to complete the process I have to start with January 17, 1989 thru present date. Therefore by via computer, would you please breakdown the information within the 1988-1989 Report so that I may obtain information from January 17, 1989 thru September 30, 1994 and by utilizing the most recent criteria formulate data from October 1, 1993 thru present date. I've spoken with some of your staff members and they have indicated that the information is available, although it may take 2 to 4 reports (per a year of permitted wetland projects) to assimilate the information. At your convenience, please schedule my request as soon as possible. I am looking forward to receiving this information from you within three weeks, no later than December 12, 1994. If you have any questions or need additional information regarding my request please do not hesitate to give me a call at 732-2505. Sincerely, ;77G/,P;b4/42. #46VrL— Kimbe'r-l:]; J. Polen Environmental Specialist II Enclosures SI 8 8 : 8 8 8 8 N8 8 8 � o � 818 R 0 o ad o 0 0 0 gi c o o o o Q N pe V 1 1888888 "4® '8. n.1 3 g OE 0 0 0 0 it c 0 e, N M kr) o o vn -p 1 . a.; ® � ® o ® g® I 118 llir;";. 8 8 8 ® _ 8 sig O n NV -. o 0 0 0 0 0 0 0 o N o �o , I 3 8 � 8888 $f$ .$ ,v- mIA ®8g 8 e: 0 0 0 0 0 en — o r r; M o; o .t 3 - ," 41, — ace . '‘.„ 0 i ,,f . 4. _ _ 8 8 ,,,,1,,.: 8888 `�' JOO • 0 0 0 0 0 0 0 0 0 0 0 ° AX �e i , I.,1i . S; I / Big 4t. 8 eg, ;t. YO 0 r, 0 ao p� 9 h 8 � � N G� 8 LZ ii 3 g A lop o c one- N r v P o v $ • Ian V1 ,, 8 tM� h ez at 0: vl O O:NQ tleet 8 VP.Os Q M a0 ‘n M O � ~ O 0 - es.) enenn C Os�'O O Os O: e� •• N oo NO CO V9 88m88T88888888888 8 sO N G VI M ~ cm ad A ,O N O een O coo M M Y1 M M h In Os. 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M8 * -� 6 . -• 0 6 6 4 6 6 6 c4 co o ,o .• i3 � 3 z N a s p p p e� p 8 8 :18 8 8 8 11 8 8 8 8 3 8 88 N 6 6 , 6 6 -6 6 0o d co d o: 6 d d d r .,moi 1 aO O ' 0 8 8 0 0 8 N t2 A 1 8 a Fy 8 ^ O ^ O 6 O O O co O el, N O ,o i__. a o .4 � °Um uQux x o av, ATTACHMENT 2d IA COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. : • 'CES DEPARTMENT NAPLES, FL 33962 July 2 6, 1995 (813)732-2505 FAX(813)774-9222 John Stys Office of Environmental Services A CERTIFIED BLUE CHIP COMMUNITY Florida Game and Fresh Water Fish Commission 620 South Merdian Street Tallahassee, Florida 32399-1600 RE: Figure 170a. within the FGFWFC's Closing the Gaps in Florida's Wildlife Habitat Conservation System Publication Dear Mr. Stys: As per our phone conservation, I am writing this letter to let you know how much I appreciate your timely response in faxing me a copy of the acreages for each land cover type located in Collier County within the above referenced Figure. Also, I am writing this letter as a formal request for information. The information is planned to be utilized in the County's 5-year EAR/GMP Process, which is currently being reviewed by a Citizen Advisory Committee that has been appointed by the Board of County Commissioners. Please send me, as soon as possible, one enlarged copy of the Collier County portion of the above referenced Figure. At your convenience, please send me enlarged copies of the Collier County portion of the range maps (potential habitat/strategic habitat areas) within Collier County for the following wildlife species: American Oystercatcher, American Swallow-tailed Kite, Audubon's Crested Caracara, Bobcat, Florida Black Bear, Florida Burrowing Owl, Florida Grasshopper Sparrow, Florida Panther, Florida Scrub Jay, Florida Scrub Lizard, Fox Squirrels, Gopher Tortoise, Limkin, Piping Plover, Red-cockaded Woodpecker, Seaside Sparrows, Snail Kite, Southeastern Amerivcan Kestrel, and Southern Bald Eagle. Please note, in order to process my request more quickly and to possibly make it more convenient for you, our department has a computer system with the following graphic display software Arc-View, Arc-Cad and Auto-Cad if you could provide the data in one of these forms we could print all of the above requested information. Thus, saving both of us time! COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E. TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 (813)732-2505 July 26, 1995 FAX(813)774-9222 Gordon Romeis A CERTIFIED BLUE CHIP COMMUNITY South District Office Florida Department of Environmental Protection 2295 Victoria Avenue Fort Myers, FL 33901-2896 Dear Mr. Romeis: I am writing this letter to inquire about my request for information as referenced in the attached November 15, 1994 letter. Unfortunately, I have not received any correspondence from your office or the FDEP - Information Systems Office. The information is planned to be utilized in the County's 5-year EAR/GMP Process, which is currently being reviewed by a Citizen Advisory Committee that has been appointed by the Board of County Commissioners. Please note, in order to process my request more quickly and to possibly make it more convenient for you, I would at least like to obtain wetland losses from the state on a year-end basis from January 1, 1989 through December 31, 1994 . As previously stated I've spoken with some of your staff members (e.g. Margie Lewis) and they have indicated that the information is available. I am looking forward to receiving this information from you as soon as possible. If you have any questions or need additional information regarding my request please do not hesitate to give me a call at 732-2505. Sincerely, Kimberly J. Polen Environmental Specialist II cc: Rachael Mills, Management Analyst EPTAl =;F i l e Mr. John Stys July 26, 1995 Page Two I am looking forward to receiving this information (or data) from you soon. If you have any questions or need additional information regarding my request please do not hesitate to give me a call or Mac Hatcher, our GIS specialist at 732-2505. Thank you for your assistance. Sincerely, Kimberly J olen Environmental Specialist II cc: EPTAB/GMP File viA COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E. TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES, FL 33962 August 1, 1995 (813)732-2505 FAX(813)774-9222 John Stys Office of Environmental Services A CERTIFIED BLUE CHIP COMMUNITY Florida Game and Fresh Water Fish Commission 620 South Merdian Street Tallahassee, Florida 32399-1600 RE: Closing the Gaps in Florida's Wildlife Habitat Conservation System Publication Dear Mr. Stys: As per our phone conservation on August 1st, I am writing this letter to confirm my understanding relating to available information of the above referenced item. As soon as possible, you will send me the standard map series for Collier County, which includes the following maps: Strategic Habitat Conservation Areas; Biodiversity Hot Spots; Rare & Unique Habitat; and Critical Wetlands. Also, your planning to include one enlarged copy of the Collier County portion of Figure 170a. (Landsat land-cover map for the Southwest Florida Region) , which would complete the first half of my request for information dated July 26, 1995. The second half of my request will be scheduled and completed when the appropriate software resources are available. If possible, I am looking forward to receiving the standard map series and landsat land-cover map from you before or by August 11th. If you have any questions or need additional information regarding my request please do not hesitate to give me a call at 732-2505. Thanks again! Sincerely, Kimberly J. olen Environmental Specialist II cc: EPTASTOMP File • COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES, FL 33962 - November 15, 1994. (813)732-2505 FAX(813)774-9222 Gordon Rome is A CERTIFIED BLUE CHIP COMM UNiTY South District Office Florida Department of Environmental Protection 2295 Victoria Avenue Fort Myers, FL 33901-2896 Dear Mr. Romeis: As part of the County's 5-year EAR/GMP Process, I am requesting information about wetland losses from the state. Currently, I have the Reports to the Legislature on Permitted Wetland Projects dating from October 1, 1988 thru February 1, 1993 (See Attachments la-c) . Also, I have a table for Final Action Taken and Wetland Impacts Due to Permits Issued by DEP from October 1, 1992 thru September 30, 1993 (See Attachment 2a-d) . In order to complete the process I have to start with January 17, 1989 thru present date. Therefore by via computer, would you please breakdown the information within the 1988-1989 Report so that I may obtain information from January 17, 1989 thru September 30, 1990 and by utilizing the most recent criteria formulate data from October 1, 1993 thru present date. I've spoken with some of your staff members and they have indicated that the information is available, although it may take 2 to 4 reports (per a year of permitted wetland projects) to assimilate the information. At your convenience, please schedule my request as soon as possible. I am looking forward to receiving this information from you within three weeks, no later than December 12 , 1994 . If you have any questions or need additional information regarding my request please do not hesitate to give me a call at 732-2505. Sincerely, ;7.1Z/er;L4IVJZ43. 6VPIL-- Kimberly J. Polen Environmental Specialist II Enclosures Zri)46-6'MP LG'. MEMORANDUM TO: Environmental Protection Technical Advisory Board Growth Management Plan Sub-Committee FROM: William D. Lorenz, P.E. Environmental Services Administrator DATE: 7 December, 1994 RE: EARS for portions of Growth Management Plan (GMP) Attached, please find EARs forthe following GMP Objectives: 7 '. ,/ CCME: 2.2; 2.3;0:4-16)3.2; :213 3.3; 3.4; 4.1; 5.3; ad 9.4; and NAGWRA: 1.1; 1.2; 1.3; 1.4; 1.5; , and 2.1. Should you have any questions, please contact me at .732-2500. c: G. George Yilmaz, Ph.D. , P.E. , P.H. Director, Pollution Control Gail G. Gibson, Ph.D. , P.G. Senior Hydrogeologist, Pollution Control GMP File . iti4M , eini 71 4 ',' ? 7 %sMjsvr 01 %a 3 4 2 PS 14a k )€ a 0i 4p,'. baii )4i0 *ad be a j -I 0104!cle;ri *5 ;t140 2•2*-- . *-.2.3 6 e4Ai 2) wi423 P'rY KMr`a //LT MEMORANDUM TO: Environmental Protection Technical Advisory Board Growth Management Plan Sub-Committee FROM: William D. Lorenz, Jr. , P.E. Environmental Services Administrator DATE: 7 December, 1994 RE: EARs for portions of Growth Management Plan (GMP) Attached, please find EARs for the following GMP Objectives: CCME: 2 .2; 2. 3; 2 .4; 3 . 2; 3 .2; 3 . 3; 3 .4; 4. 1; 5. 3; and 9.4; and NAGWRA: 1.1; 1 .2; 1 .3; 1.4; 1.5; , and 2.1. Should you have any questions, please contact me at 732-2500. c: G. George Yilmaz , Ph.D. , P.E. , P.H. Director, Pollution Control Gail G. Gibson, Ph.D. , P.G. Senior Hydrogeologist, Pollution Control GMP File ®:gm-3.doc 19 NATURAL GROUND WATER AQUIFER RECHARGE MAY 3 , 1988 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT 4 .0 GOALS, OBJECTIVES, AND POLICIES The Growth Management Act requires the Comprehensive Plan to contain Goals, Objectives, and Policies that define short and long-term ends and provide activities for implementation. The Plan should contain one or more goal statements which establish the long-term end toward which programs and activities are ultimately directed. The Plan should also contain one or more objectives for each goal statement which address the functions of natural groundwater recharge areas and natural drainage features. For each objective, the plan should contain one or more policies which address implementation activities for regulating land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas. GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1.1: By December 31 , 1988 identify and map recharge areas which are most sensitive to contamination from land development and other surface activities. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A Based on the comments for Policies 1. 1.1 through 1. 1. 4 , the requirements of Objective 1.1 have been met. 20 >A0000 >r0prem o ........................................ :::_ zmf.4:: r000 :: 0#::::::000s*. :4.,::..::::. ..0400011w0:::4:::0cog....::::::..:..:..........::..:.....:..::. .._ .: ;:::::u: 0 . at< ia :::-of: .of :::::: .: 00 >00ar t ;::::data::>:: ::or ; ;;: < I: :0c z: £n[ ::.».< . ::»:::a 4.01 0.601:>00.00. t:*:-! i .;:.:Or.. biOtO.ttOt :O'''ff':>:.>: Policy 1.1.1: Develop and maintain a 3-dimensional computer model that calculates Cones of Depression around significantly sized existing and planned potable wellfields. Policy Type: New Product 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A The requirements of this policy were completed with (1) the submittal of Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida by Hunter/HydroSoft, Inc. , (Voorhees and Mades, 1989) , which firm had been retained by the County to develop a computerized ground water flow simulation model as part of the preparation of Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, and (2) the acceptance of a methodology to identify prime or high aquifer recharge areas (PC-OFR-93-01) by the Environmental Protection Technical Advisory Board. It is recommended that these computer simulationsbe periodically reviewed and updated as new and/or refined data becomes available. In addition to Cones of Depression, Cones of Influence and locations of 1-foot, 2-foot, etc. drawdown contours around wells and welifields should be identified on maps so as to better address questions of regional interference of adjacent wellfields and wells. ACCOMPLISHMENTS -- Relative to this Policy, accomplishments include: development of a three-dimensional ground water flow simulation model (Voorhees and Mades, 1989) ; application of that model to 10 wellfields in Collier County (Collier County Ordinance No. 91-103) ; and acquisition of USGS MODFLOW software with which to conduct additional ground water flow modeling 21 Policy 1.1.2: Identify areas that are especially vulnerable to contamination because of surrounding land use, soil properties, and other hydrogeological conditions, such as the absence of confining units. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: Specifically Addressed Measureabi1ity: Completed: 100% Completed, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A The three-dimensional ground water flow similation (Voorhees and Mades, 1989) delineated land areas around public water supply wellfields from which the wellfields are vulnerable to specific types of contaminants that have a 75% probability of reaching a wellhead within a specified period of time. The simulation utilized such data as soil and rock properties, and hydrogeologic conditions. The Ground Water Protection Ordinance Technical Report (PC-OFR-91-05) provides a summary of published information on types of contaminants, their residence times in the soil/rock/aquifer system, and the rationale for establishing which contaminants are targeted for each wellfield protection zone. The areal extent and locations of the identified wellfield protection zones can be modified based on such things as data in wellfield re-configuration and changes in withdrawal capacities. In addition, PC-OFR-93-01 , Delineation and Management of High Natural Aquifer Recharge Areas, Collier County, Florida, identifies those areas of the County where aquifer recharge is relatively higher per unit area than in adjacent areas. Because of this, the potential for aquifer contamination from land surface activities is higher, making these identified areas " . . .especially vulnerable. . . " to contamination from land use activities. ACCOMPLISHMENTS -- The three-dimensional ground water flow similation (Voorhees and Mades, 1989) delineated land areas around public water supply wellfields from which the wellfields are vulnerable to specific types of contaminants that have a 75% probability of reaching a wellhead within a specified period of time. PC-OFR-93-01 , Delineation and Management of High Natural Aquifer Recharge Areas, Collier County, Florida, identifies those areas of the County where aquifer recharge is relatively higher per unit area than in adjacent areas. 22 Policy 1.1.3: Identify existing land uses that possess the greatest potential for groundwater contamination. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require continuous effortt to implement Work Started: N/A Work Not Started: N/A The Ground Water Protection Ordinance Technical Report (PC- OFR-91-05) provides a summary of published information on types of land uses and contaminants, and their residence times and pathways in the soil/rock/aquifer system, including those that appear to have the greatest health hazard potential as ground water contaminates. Findings from research provide continuing updates to what is known about the characteristics of contaminants and their behavior in the hydrogeologic system. ACCOMPLISHMENTS -- Literature review for the preparation of PC-OFR-91-05 provided staff with a comprehensive overview of potential contaminants. In addition, staff monitors contemporary periodicals and technical journals to keep abreast of results of research on contaminants. Policy 1.1.4: Establish technically and legally defensible criteria for determining and mapping sensitive recharge areas. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A 23 A methodology has been developed, and applied, to identify and delineate sensitive (or prime) recharge areas. This methodology is described in Delineation and Management Plan of High Natural Aquifer Recharge Areas, Collier County, Florida (PC-OFR-93-01 [Draft] ) . The methodology presented in PC-OFR- 93-01 is subject to revision as additional, more detailed data is acquired. It is recommended that this policy be continued as refinements to the methodology are implemented ACCOMPLISHMENTS -- A methodology was developed and applied to identify and delineate sensitive or prime recharge areas (PC-OFR-93-01) . 24 OBJECTIVE 1.2: August 1, 1989 adopt a local Groundwater Protection Ordinance to protect sensitive aquifer recharge areas. Policy Type: Ordinance 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Based on the comments for each policy of Objective 1. 2 , requirements for this Objective are completed. �:ve : .em::: .ti::. .. :::. .a::: -cemme de+ gtbat::::::the:< ol:l:ow ng items bo::: : ;;;;; . . b�:.:_:::::fit::�.,::::�..�:::�-.::::::r�..:......................._.. . ...... ..::._.:::.. . ::::..:..:..::..:..::: ..:.:::::. .:�:::::::::::::::::.. nts:::to:::Co�:� 0r:>: :<::>:>g ::Cou n t: :10ta.:.:...anc >:<: :io: > 91:: 0s::t: :: #cl:ean<::u ::;:.;:.;:a .;:.:cl:a0 . .;;: .:m.;:.;;;:.;:.;;:.::.>:.;:.;:.;:.: aseds:; >:: : ::>: ::>:.:�Bera�:: :.<�:::.>::>: .: temt�:a:�:::>:::�::m#�r40uetso ..+�.........�t..::::::: :::tq:::§::::..:::::::::::::�::::::::::::::::: <::>:: :a:*»::>::>0INto::>::oo n aider � om arable:::>:l:evel:a«::e :::>::::>::>: :::<:::>: ::::»::>::::;:::::>: �t .�..t3.��a�. fat:::•::::.{:�..�.::::::::::::::::::�::.:.;;:.;:.;:.:.;: :<.;:.;:�.;:.;:.;:.;;:.; ::.:::::::::::::: :.:::::::::::::::::.:::::::::::::. gto :>amend: «: :.>:�e.: ml:abs:me:::>:�::a:>:::�►bber ,��ruat�::00:::: sp :::0,at::�r::::::. :::::::r:::::::::�:::::::::::::::::::.�::::. ::::::::::::. X00:.->::: :!41.i 4. ::>:<r4:: ii .att quality ao+d quootUy roao.#oo Prot ttet Policy: 1.2.1: The Ordinance will address both existing and projected future land use and surface activities. Policy Type: Ordinance 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Complete, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A 25 In November, 1991, Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, was adopted by the Board of County Commissioners and approved by the State as a tool to address land use and activities relative to ground water resource protection. This Ordinance addresses ground water protection concerns, both in regards to public water supply wellfields and for the entire County as well as for existing and future activities. ACCOMPLISHMENTS -- Collier County Ordinance No. 91-103 was adopted in November, 1991 , with specific language addressing existing and future land use and surface activities. Policy 1.2.2: The Ordinance will provide for an appropriate level of protection for all of Collier County and enforcement powers. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureabi1ity: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A In November, 1991, Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance was adopted by the Board of County Commissioners and approved by the State. This Ordinance provides appropriate levels of protection and enforcement capabilities for the entire County, including existing and future public water supply wellfields. Appropriate levels of protection are specified for wellfield protection zones that are delineated around wellfields, with a decreasing level of protection outward from the wellfield. Rationale for these levels of protection is provided in The Ground Water Protection Ordinance Technical Report (PC-OFR-91-05) . ACCOMPLISHMENTS -- Ordinance No. 91-103 delineates wellfield protection zones around the identified public water supply wellfields. Each zone has ground water resource protection criteria appropriate to specified groups of contaminants and distance from the wellheads. Site/facility audits identify those land use activities within each wellfield protection zone that are regulated under this ordinance and provides informational packets to all businesses as part of the site audit activity. 26 Policy 1.2.3: The Ordinance will address the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, addresses the concerns of breaching of confining units, improper well construction, rock mining, excavations, and blasting, by adopting by reference other County or State ordinances. Collier County Ordinance 88-26, the Excavation Ordinance, regulates excavation and earth mining, including breaching of any confining unit. The Collier County Blasting Ordinance regulates blasting for removal of soil and rock. Collier County Ordinance No. 88-99 addresses regulatory aspects of well construction, including sealing breaches in confining units resulting from drilling operations. ACCOMPLISHMENTS -- By adopting existing regulations as part of Ordinance No. 91-103 , duplication of effort and regulation has been eliminated and better cooperation between Development Services and Pollution Control established. Policy 1.2.4: The County will implement the Ordinance in a manner to minimize duplication of effort between the County and other State agencies. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 27 Ordinance No. 91-103 is being implemented so as to minimize duplication of effort. The Ordinance adopts, by reference, existing ordinances, thus reducing duplication of effort. Ordinance 88-99 , through delegation of authority from the SFWMD, addresses questions of well construction. Cooperative efforts with personnel from Project Plan Review have resulted in the inclusion of Ordinance No. 91-103 information in permitting packages. The utilization of data from the Tanks and SQG programs has reduced database acquisition and generation times. Procedures manuals developed for both Pollution Control and Project Plan Review personnel provides guidance in addressing questions of Ordinance No. 91-103 , and designated contact persons are available to address questions of application of regulations. All of these items have reduced duplication of effort. ACCOMPLISHMENTS -- Duplication of effort has been reduced. Better communication between agencies has been established. Policy 1.2.5: The County will implement regulations and permitting review procedures for development within sensitive aquifer recharge areas. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Ordinance No. 91-103 includes procedures for implementing regulations and permitting review. 28 OBJECTIVE 1.3: Collect and evaluate ata and infrmation designed to monitor the quality ofdgroundwatero. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabilitv_: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Requirements of this Objective have been met with the establishment of ground water quality monitoring programs, the annual assessment of program data and the assessment of total program data. Based on this information the following recommendations are made. • >:::::. al :t: :::::Mo..ito ,.g: . >.:•,.fit ra3 :>:be::_;:;cont.tnued:>:::and:::>:e�'x an a :>:::::::::::::::::::::::::::: :>thr�c►u � ::>::t��=:::>:ueXt::�:��::?�e .:ear'u':is�rlGt�#::<::� � >�' r�::::::..::::.:::.:::::::::.::::::�:::::..:..::::.�,,�.�::::::::::: a• ,.:.,:.,,,::::..:. .::>::::::.:.;.:.;:.;.:. .:::.;.:.:;.;.::.;.::::.:.;::.':. : :.;::::::::.:.::. . ,.. :...•; ;.......:�:.;:.: a �� ...ter>:.;:.: ;:;�urre�t.;>:��e.::.a�:te..>: ter.>;:��:�:::>:a: ua.��:::��.:�:uu:•>:;;� :::::: :........�m::: :::�:..0:::::..::::: ::::..:::::::. .............................................. al.....:..::: uu Policy: 1.3.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: 1986 Work Not Started: N/A 29 For the duration of this Sub-Element, the following ground water quality monitoring programs are in place: Trend; Random; Landfill; Temporal Variability; and Background. The last two programs are contracted from FDEP to reduce duplication of effort for both agencies and to improve the quality of data collected. These programs were established to develop baseline (Trend and Random) ground water quality data for the County, to monitor long-term trends (Trend) , and to identify water quality concerns (Trend, Random, Landfill) within the County. The Temporal Variability and Background water quality monitoring programs provide a regional perspective to questions of water quality and supplement the County's own programs. Data assessment of the Random and Trend data suggest potential changes in program directions. ACCOMPLISHMENTS -- Ground water quality monitoring programs have been established, annual reports (by program) have been produced, and a ground water quality assessment based on data from the Random Ground Water Quality Monitoring Program has been commpleted. An example (Chloride) from this assessment is appended to illustrate the methodology and findings. Policy 1.3.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% completed, but will require a continuous effort to implement Work Started: 1986 Work Not Started: N/A Data gathering activities (Temporal Variability & Background programs) have been coordinated with both FDEP and SFWMD, such that there has been a reduction in the duplication of effort and an increase in the quality of data provided by the ground water quality monitoring programs. QA/QC is improved with only PCD personnel performing the sampling activities; laboratory data QA/QC is enhanced via USGS laboratory analyses at FDEP expense; SFWMD performs major maintenance on wells; and sampling of some USGS wells on which there are permanent water level recorders expands the data base. 30 Policy 1.3.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy Type: Mandatory Annual Update 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Data assessment for the Trend and Random programs has been accomplished on an annual basis (e.g. , PC-AR-94-01; PC-93-06) , as well as program assessment (e.g. , PC-OFR-93-02 and PC-OFR- 94-01) . These assessments include recommendations regarding possible program modifications. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3 -dimensional ground water model . Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% complete, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A This is an ongoing program in which databases are being continually compiled as potential data sources for revisions of the County's 3-dimensional ground water flow model . The information includes: location, nature, and use volumes of wells issued new or revised consumptive use permits; location and nature of wells not requiring consumptive use permits; changes to configuration, extraction volumes, etc. for public water supply wellfields; lithologic characteristics of aquifers and aquifer systems. 31 OBJECTIVE: 1.4: By December 31 , 1988, establish a program to continually provide the public with educational materials concerning ground water protection issues in Collier County. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Through the Department's publication series, with a distribution list that includes the County's library system and a listing through the university inter-library loan system, water quality information is made available to the general public. In addition, the Department is part of a Speakers Bureau, where selected staff are available to make oral presentations. 4ZICUOMARMOZONVItAtOgrOOOVV00000400 ::: :e »:r i... . ....:..:.:.. <:: i •:: O��ct�.v�, p�r�$�s ��..��d�o ��. publ .:. :::>::::;.:.: :access::>:t.:.: ::..::. :. * ::: oppt pap ar publ�cati�a ... Policy: 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% complete, but requires continuous effort to implement Work Started: N/A Work Not Started: N/A Through the Small Quantity Generator Program, the Petroleum Storage Tank Program, the Household Hazardous Waste Program, and the Amnesty Days Program, this Policy has been implemented, and that implementation is an ongoing process. Policy 32 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureabi1ity: Completed: 100% completed, but requires continuous effort to implement Work Started: N/A Work Not Started: N/A Through the Department's publication series with a distribution list including the County's library system and listing through the university inter-library loan system, water quality information is made available to the general public. In addition, the Department is part of a Speakers Bureau, where selected staff are available to make oral presentations. As part of the continuing aspects of dissemination of information the the public, the Department is developing a condensed version of its data assessments for distribution to the public. 33 OBJECTIVE: 1.5: By December 31, 1992, the County will develop a plan to preserve critical ground water recharge areas. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% complete, but will require a continuouos effort to implement Work Started: N/A Work Not Started: N/A Through the Small Quantity Generator Program, the Petroleum Storage Tank Program, the Household Hazardous Waste Program, the Amnesty Days Program, and the Ground Water Protection Ordinance, this Objective is being implemented. .... . . tai.. .:: .� .expert.ed::.ub et :tb .s::Ob: .ect 4: t4_, .ref .ne<deli.neat .on ::............ <: .: mO. ::: qy, . ooOtO *iii ifpxottiO• c Y A.... Vo 0.04 : ' y°::::: ::ea. :n . : . .' . ..: ::.: ...... �r....... . ....�..�x�d�r....tc�.::r��44 >�:4��r::�ta� a�;:>��:»zaat4r.::.. �. .�:`:� ;a-6� . 4:0C quality.:.tt0000...:tO t 0,.;:.t trent .. 0d.::0t000: :.1060 .: .t000 ::S - i....:..::::.::::::::. :::.adefi : .:6at . 6.;.:,at.:6ib6rc0.::: :. t66tf 6` br to a >;»::: :::':;.. »:::::::::::.::.: .: Policy: 1.5.1: Develop technical criteria for determining which areas are critical to the County's long-term ground water needs. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100 % completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 34 A methodology has been developed, and approved by the Environmental Protection Technical Advisory Board, to identify those areas of the County where aquifer recharge potential is relative high compared as to other, adjacent areas (PC-OFR-93- 01 , Delineation and Management Plan of High Natural Aquifer Recharge Areas, Collier County, Florida) . Such methodology will be refined as additional hydrogeologic data is developed or received. Policy 1.5.2: Identify the critical areas and appropriate protective mechanisms. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 50% completed, critical areas identified, appropriate protective mechanisms not yet identified Work Started: N/A Work Not Started: N/A A methodology has been developed and implemented to identify those critical areas of the County where aquifer recharge potential per unit area is relative high (PC-OFR-93- 01, Delineation and Management Plan of High Natural Aquifer Recharge Areas, Collier County, Florida) . Staff continues to work with the Environmental Protection Technical Advisory Board (EPTAB) to identify and specify appropriate protective mechanisms/measures for these identified areas. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 50% complete Work Started: N/A Work Not Started: N/A 35 Staff continues to work with the Environmental Protection Technical Advisory Board to identify costs, funding mechanisms, and other aspects of implementing ground water resource protective in natural aquifer recharge areas. PC-OFR-91-10, Economic Impact of the Collier County Ground Water Protection Ordinance, provides a first approximation of the cost to implement resource protection measures in the identified prime aquifer recharge areas. Such cost estimates will be revised as staff and EPTAB continue to work on the resource protection criteria. 36 GOAL 2: PROTECTION OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT UNACCEPTABLY ALTER THE GROUNDWATER RECHARGE. OBJECTIVE: 2.1: By August 1, 1989 specify local criteria for ensuring that land development activities do not unacceptably alter the timing or reduce the amount of groundwater recharge. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1it\ : Completed: 100% complete, but will require continuous effort to implement Work Started: N/A Work Not Started: N/A The criteria currently utilized in Collier County to address questions of timing and quantity of ground water recharge related to land development projects is that specified in the South Florida Water Management District's "Basis for Review" . The Environmental Protection Technical Advisory Board has elected to adopt these same criteria for application in those areas of the County identified as prime recharge areas. RECOMMENDATIONS ..:::::t......i ::::..:: .:::rscOMMendsd..::that:::continuing efforts be expended:::.under this Objective to address changes in).and_::::use Patterns, questions regarding appropriateness of qualitative and quantitativechanges es water u , .....; Policy: 2.1.1: Evaluate the applicability of South Water Florida Management District's criteria for maintaining water table no more than six feet below natural ground. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to emplement Work Started: N/A Work Not Started: N/A 37 In an area such as southwest Florida, which is or has; influenced by the marine west coast monsoonal climate regime, subjected to seasonal demands on ground water (agriculture and seasonal population that are not coincident with rainfall maxima) ; a series of fragile natural biomes tied to low topographic relief and surface to very near surface availability of water during most if not all of the year; the site of extensive development requiring significant surface and ground water control; and a seasonal variation of water table levels of several feet, the maintenance of an artificial ground water level is not feasible in the long term. Policy 2.1.2: Provide guidance for defining what is meant by preservation of site groundwater recharge characteristics. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, by requires a continuing effort to implement Work Started: N/A Work Not Started: N/A The preservation of site ground water recharge characteristics means that post-development recharge characteristics of the site are such that the same quantity and quality of water can reach the water table in approximately the same time frame as occurred under pre-development conditions. For given atmospheric conditions (e.g. , a given precipitation event or series of precipitation events, humidity, temperature, air flow, etc. ) , pre-development natural infiltration to the water table (aquifer recharge) is controlled by a combination of features such as vegetative cover, topography, porosity and permeability of the soil and bedrock, and saturation. Site or land surface development alters the vegetative cover, topography, near surface porosity and permeability of a site, and frequently the reduces residence time of standing water on the site. This alteration also commonly includes changes in water quality (e.g. , runoff from parking lots, landscaping maintenance chemicals) . Since the entire land surface of Collier County potentially acts as the recharge area of the unconfined Surficial Aquifer System, which supplies 90% + of the County's potable water, recharge characteristics of the entire County should be considered. Policy 38 2.1.3: Undertake other evaluations as necessary to accomplish this objective. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% complete, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A At this point, there is no definitive data available to address questions of the suitability of the "Basis of Review" criteria as applied to post-development recharge to the aquifer systems of Collier County. Suggestions have been made to initiate a VISA (Very Intense Study Area) Policy 2.1.4: Incorporate these criteria into a comprehensive Groundwater Protection Ordinance. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 50% complete Work Started: N/A Work Not Started: N/A A mechanism has been included in Ordinance No. 91-103 for inclusion of such criteria. Staff continues to work with EPTAB to develop/refine these criteria. 20 OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands is encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 21 The inland surface water quality monitoring program was established in the Pollution Control Department (PCD) when the program was taken over from the South Florida Water Management District in 1988. The program has been implemented continuously since that time by PCD, and is designed around four sampling activities at approximately 13 stations each fiscal year. In order to maximize resources, the Department initiated a Strategic Water Quality Monitoring Plan (PC-SP-92- 02) whereby sampling efforts are concentrated in different drainage basins each year, such that over a five year period, all drainage basins will be sampled. Annual data assessments by drainage basin are being conducted (e.g. , Grabe, S.A. , 1992 , Surface water quality in inland waters of Collier County during fiscal year 1990 - 1991) . RECOMMENDATIONS -- Given the growth and changing land uses in the County, the number and extent of (currently, there is one (1) sampling station per 21 miles of inland waterway in Collier County) inland waterways in the County, and previously identified pesticide, nutrient, and heavy metals enrichments, it is recommended that consideration be given to expanding this program to include additional parameters (e.g. , pesticides, herbicides, nutrients, hydrocarbons, and heavy metals) and station locations (to identify areal extent of areas of concern) . Also. given the changes in water quality monitoring strategies at the State and national levels over the past few years, consideration should also be given to integrating water quality, sediment physical and mineralogical maturity, sediment chemical quality, and biologic monitoring in an effort to link contaminant concentrations to biologic impacts, recognizing that in many cases there are no standards against which to compare. 22 OBJECTIVE 2.3: By January 1 , 1992 , all estuaries shall meet all applicable Federal, State and local water quality standards. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: Work Started: Work Not Started: Regarding Policy 2. 3 .4 , an estuarine water quality and sediment monitoring program was developed and implemented, beginning in 1990. Since that time, water quality samples have been collected from approximately 13 stations semi-annually, and sediment samples have been collected from these stations on an annual basis. The 13 stations are re-located to different estuarine systems each fiscal year in accordance with the Department's Strategic Water Quality Monitoring Plan. This approach facilitates a watershed monitoring approach to collecting water quality data, thus optimizing resources. itsC D IoNss wi_t t a conti.naad.. populat o :::gro a ::: o .:::. :. :.: Co i_er:>;County.,; a d i creasi x ...em hasp.s... .1.aced on:>::deve 00004 :.:.:: .. ...... .... .... ................. .. ...... ......the .......................... ..... ::>poaai_bble.:::to:.:expan ::>:t e;:;resourcea.. to_ ,add...e... t:.::. : ::.>::::aenti:ae ;»>::>::>.: :::::stati ins:::>:t a.ta:::would::::::rem a ::::: n:<::. �:a� e...a :::.. . .::::::1 >::> :at .ons::>:a.,.. :::::::<::s::>::::>::>:: .e . :::��.:<.;. a � e::::::3.:::a� �z.:: are:::::::::::::::.:: :: .;::. off.;> ::.:.;:.;::. ymar.. anc to rou . a0a .y00a tOt 400 ..t .ona ..;.:.. . 4. ;ti. .po2autarita reIat04t0 0aterab044a�� Ogda Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2. 2. 2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which 23 would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: By March 1 , 1990, develop and implement a water quality and sediment monitoring program for the estuarine system. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabilitv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A An estuarine water quality and sediment monitoring program was developed and implemented, beginning in 1990. Since then, water quality samples have been collected from approximately 13 stations semi-annually (where each station represents 4. 3 linear miles of Collier County coastline or 0.62 stations per identified estuaries in the County) , and sediment samples have been collected from these same stations (where each station represents and area of 8. 7 square miles) on an annual basis. The stations are re-located to different estuarine systems each fiscal year in accordance with the Department's Strategic Water Quality Monitoring Plan (PC-SP-92-02) . ACCOMPLISHMENTS -- The PCD is currently in the fourth year of a five-year sampling cycle. With the conclusion of this five- year sampling cycle, the County will have background water quality data for each estuarine system against which to evaluate other water quality data. This methodology facilitates a watershed by watershed monitoring approach to collecting water quality data, and optimizes available resources. AOPONMOOD :. ::::::t 00.00 ...gP thO:::OxP0* e00 :.:.... P± . Pg0, aP4;:.:;;:.;;.;:.;>:.>::.;:<. teaIsm rpmpgp.< : : a::::rpppome pop : a:t:s>:::::<:1:::; theqp,gar: AhOitOd :.::: i4 be given• :to xpan:•inq .:the Pr+�gr :: se e' :a.::.:;::!.eem : : t !..;:.; toma:.:.:.that . dgbetia.: d :..:.;:. .::: • 06 a 166A4M :>:, >;:<::;::d;:ii;:: t 4 :`:ara:..1 ':.:::.,::::;:::.;::t : : : : : : : G: s:'; : :': : : > .................................................................................................................................................................................................. ................................................................................................................................................................................................. .................................................................................................................................................................................................. ... ........... ........................................... ...................................................................................... ................... .. ................. ..... Policy 2.3.5: By April 1 , 1989, initiate the development of an interlocal agreement with the City of Naples regarding coordinated and 24 cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum this agreement shall include the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A An initial interlocal agreement between the City of Naples and Collier County was signed by the Board of County Commissioners and the City Council on 14 Nov. 1989. Upon expiration, this formal agreement was not renewed. However, PCD continues to sample the Naples Bay estuarine system per the Strategic Water Quality Monitoring Plan on a five-year rotating basis, addressing "g" above. Given the importance of a healthy Naples Bay to the local economy, it is recommended that interlocal cooperation be renewed. From the perspective of the aqueous environment, the scale of water quality monitoring combined with sediment and biologic monitoring should be re- evaluated, and that the density of stations, frequency of sampling activities, and revisions of the parameter lists be considered. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. 23 would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: By March 1, 1990, develop and implement a water quality and sediment monitoring program for the estuarine system. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1itv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A An estuarine water quality and sediment monitoring program was developed and implemented, beginning in 1990. Since then, water quality samples have been collected from approximately 13 stations semi-annually (where each station represents 4. 3 linear miles of Collier County coastline or 0.62 stations per identified estuaries in the County) , and sediment samples have been collected from these same stations (where each station represents and area of 8.7 square miles) on an annual basis. The stations are re-located to different estuarine systems each fiscal year in accordance with the Department's Strategic Water Quality Monitoring Plan (PC-SP-92-02) . ACCOMPLISHMENTS -- The PCD is currently in the fourth year of a five-year sampling cycle. With the conclusion of this five- year sampling cycle, the County will have background water quality data for each estuarine system against which to evaluate other water quality data. This methodology facilitates a watershed by watershed monitoring approach to collecting water quality data, and optimizes available resources. . .. .. .....::::. :.:.:.::.:..;.::. 1I.:.;:.;:.;:.:.;:.;:.;:.;:.;:. .;:.:;. 040:01 ...t xpOr .ROc+ .,.::: 1-10. 0404;::;0001::::>:::: :.::::::i :44 .: .............................�. ....o...ot..��o..eta..to..:aOoodatoka:> wovro. atolO ::::.;::..... ::::::<: ::;.�.'f i:�i:�. :�'ii..;;;.�.;::.:ii::::::: .�.�...... ... ..............0...�.. ...Wit..��.::�0' :000#ie'��;e'�:»: ha. ..::::..:. .::::..t .�::..��to4ro ::>:;:;:;:. .;:.>::.;:it ate.;;o0a*nt mO tqr .. g::::2pr gram. be 000t�oo ;3.::::2a : ;:.;: 1::1: :11..... :;;:::i :: gt 0a0::..:0t0 c; ! >::bo::::>.,...,. ...i :::::a #:::::G ai d`ii ::thi :::: >:<:;:; .._:.�:::::�.::::. ::. :::.:.::�►�. :�...:.:.::rat::::. :. ::::::::::::��..va:::..::. . ...:: .gip:::::::::�.::�'::: :::�rz�gr �a�..t� :::::::: �ii:�i::�iiiiii}}i::';:;;::':�ii:�ii:::�:;:i;:�:i':::'::�': �::�i'is �iiJ::io::�moi i:::.��::.::.:.:.��.;:.....:.�.�.�:.:�:::�::� ..;:v::::.�:��.�:::::::::w:::��::::�::::::::'i v::::v::::i.�.�:::::::::::: 6okial:::::> :a fit ii4x ; : .::::. :111 :1: :...::: .. ........_:::::::::::: ...........................................................'�`ta'�1.��,t,�.�,:;>:�ha:t: ::�lf��l:�>:::b��:>:::1:��'�atlE��:::>:�::�«::� �,s�%:::»>::::>::>::>::>:<:: �2 i��u:4: ar�G� c' �3� � . .:?' ; 5 . �. : l 2 :2 '; :: '` '`: >' :' ` "' ii';:. ::: ; ;:`i > i ..:. :. .:. a . :. ::. a_.: :qt::::::._.:_:::.gA00futgr± pl::: or -oo that ..pa ' . u : r..;; .004I;:<.;:.;;>;;>::. x � a�.� the ara4aatar �2a � ' : :: : : . :: -. y �.�::::::: �::::::�:..::......::p'.::� q..:.. . ..p:..:......:: :1 :111:...::::t11 ,;;;::: Policy 2.3.5: By April 1, 1989, initiate the development of an interlocal agreement with the City of Naples regarding coordinated and 22 OBJECTIVE 2.3: By January 1, 1992, all estuaries shall meet all applicable Federal , State and local water quality standards. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureabi1ity: Completed: Work Started: Work Not Started: Regarding Policy 2 . 3 .4, an estuarine water quality and sediment monitoring program was developed and implemented, beginning in 1990. Since that time, water quality samples have been collected from approximately 13 stations semi-annually, and sediment samples have been collected from these stations on an annual basis. The 13 stations are re-located to different estuarine systems each fiscal year in accordance with the Department's Strategic Water Quality Monitoring Plan. This approach facilitates a watershed monitoring approach to collecting water quality data, thus optimizing resources. witcommENDAvrows.. with..the continued pgpu .at pn. growth of ' Collier.::ce nt: .::..>:::and -increasing.;:.:e a hasis Placed.::.onevelo meat :::Of: .the:::coastal zone,....it...is recommended to continue the : estuarine .water gualitY and sediment monitoring Program, and if • Possible to >ex ::a.nd.:;the..:.:resources:;:::te>::add::>:eight... $. ....sentinel stations that woulremain:::a.n Place as the 13 stations 4re:<.;::.:;>;:<: :.:. ear, and to ovide analYses for al ' Potential , . Pollutants : ::ut :nts::<;.related;.:. :::::.;.i watershed :<:uses. :: :>: Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2. 2.2 . Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which 21 The inland surface water quality monitoring program was established in the Pollution Control Department (PCD) when the program was taken over from the South Florida Water Management District in 1988 . The program has been implemented continuously since that time by PCD, and is designed around four sampling activities at approximately 13 stations each fiscal year. In order to maximize resources, the Department initiated a Strategic Water Quality Monitoring Plan (PC-SP-92- 02) whereby sampling efforts are concentrated in different drainage basins each year, such that over a five year period, all drainage basins will be sampled. Annual data assessments by drainage basin are being conducted (e.g. , Grabe, S.A. , 1992, Surface water quality in inland waters of Collier County during fiscal year 1990 - 1991) . RECOMMENDATIONS -- Given the growth and changing land uses in the County, the number and extent of (currently, there is one (1) sampling station per 21 miles of inland waterway in Collier County) inland waterways in the County, and previously identified pesticide, nutrient, and heavy metals enrichments, it is recommended that consideration be given to expanding this program to include additional parameters (e.g. , pesticides, herbicides, nutrients, hydrocarbons, and heavy metals) and station locations (to identify areal extent of areas of concern) . Also. given the changes in water quality monitoring strategies at the State and national levels over the past few years, consideration should also be given to integrating water quality, sediment physical and mineralogical maturity, sediment chemical quality, and biologic monitoring in an effort to link contaminant concentrations to biologic impacts, recognizing that in many cases there are no standards against which to compare. 20 OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal , State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands is encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureabi1ity: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 27 GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL. OBJECTIVE 3.1: By January 1, 1989, the County shall develop and implement a well construction compliance program. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1itv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A This Objective has been completely addressed in that the County; employs two (2) full-time well construction inspectors, requires all well drillers to be licensed in the County, has adopted SFWMD wells construction standards ( L.D.C. Division 3 .6, the "Well Construction Code, " formerly Ordinance No. 88- 99) , utilizes a committee of licensed well constructor contractors and County staff to develop and amend the Ordinance, conducts formal and informal workshops and information sessions for the well contractors, and cooperaties with SFWMD in identifying and plugging abandoned wells. RECOMMENDATIONS ::>::t is recommended that t; ec ..:.:...:.::. be continuing nature of im lementat .on.:.:and.::.:improvement,:><:>::;Perhaps . including a- o :>>of::>::Standard:<:::Operating Procedures for well s :.A ct: on as part:.;:.of the l Policy 3.1.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 28 The County currently employs two (2) full-time well construction inspectors, who are licensed well construction contractors, to inspect permitted wells during construction to ensure adherence to well construction requirements stipulated in L.D.C. Division 3 .6, the "Well Construction Code, " formerly Ordinance No. 88-99. The success of this program is documented in PC-OFR-93-04, Well Construction Management Program Assessment and in the Department's monthly/quarterly reports. ACCOMPLISHMENTS -- For example, for the accounting period of June 1992 through January 1994, an average of 75 wells were inspected per month from an average of 116 permits issued per month (PC-OFR-93-04) . The rate of inspections goal is 50% of the permits issued. MM$NPAVXOO$ Itrecoia nehded that.` _ 0144 be Policy 3.1.2: Amend Ordinance 85-54 to include well drillers as a licensed contractor in Collier County. Policy Type: Ordinance 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Well drillers are required to be licensed in the County, as per amended Ordinance No. 85-54. It is recommended that the inclusion of a written Standard Operating Procedure for construction of wells be considered for inclusion as part of the license or licensing procedure. Policy 3.1.3: By April 1, 1989, adopt South Florida Water Management District's well construction standards in a new Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. Policy Type: Ordinance 9J5 Requirement: Not Specifically Addressed Measureability: 29 Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A L.D.C. Division 3 .6 (formerly Ordinance No. 88-99) , the "Collier County Well Construction Code" was adopted in December, 1988 . This Ordinance adopted well construction standards established of the South Florida Water Management District, including provisions for inspections and penalties. Policy 3.1.4: Establish a committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Such a committee was established to prepare Ordinance 88- 99. A committee of well construction contractors and County personnel was convened in 1992 and 1993 to provide data and recommendations for subsequent amendments to that Ordinance. The input was based on the combined experience of staff and contractors with enforcement of and working with the Ordinance. Policy 3.1.5: Begin informing well contractors and drillers and the public on the necessity for proper well construction. Hold workshops for well drillers on proper techniques for well construction in Collier County. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureabi1itNt: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 30 This Policy was implemented and continues via: personal communications between well construction inspectors and well construction contractors as part of inspection procedures; formal well construction techniques workshops (e.g. , Baroid Corp. in both 1992 and 1993 , conducted workshops on proper use of bentonite grouting materials) , the Department's publication series, quarterly newsletters, and participation in a Speakers Bureau. This is carried out in concert with Natural Ground Water Aquifer Recharge Sub-Element, Objective 1.4. Policy 3.1.6: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1ity: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Collier County entered into a cost sharing agreement (1989) with the South Florida Water Management District, which program has since been discontinued in Collier County. However, Ordinance No. 91-103 (Sec. 4.9.1.1) includes requirements that abandoned wells be properly plugged and grouted. ACCOMPLISHMENTS -- Relative to Policy 3 .1 .6, during the period 1989 - 1991, when contracts C89-0034 and C90-1269) between Collier County and the South Florida Water Management District were being implemented, the results included the identification of 105 abandoned wells and the proper plugging and abandonment and plugging of 15 wells as a joint SFWMD - Collier County effort (PC-AR-91-08) . As part of the ground water resources protection measures, Ordinance No. 91-103 requires the proper plugging and grouting of abandoned wells, correct well abandonment continues in Collier County. As an example of the effectiveness of this Ordinance, there was an average or 12 plugged and abandoned wells per month during first three quarters of FY 93/94 (data from monthly reports from PCD to SFWMD) . 31 OBJECTIVE 3.2: By August 1, 1989, identify and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1 .1 in the Natural Ground Water Aquifer Recharge Sub-Element. ) Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability,: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A The requirements of this Objective were completed with the submittal of Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida: by Hunter/HydroSoft, Inc. (Voorhees and Mades, 1989) , the output of which was utilized to develop the concept of wellfield protection zones included in Collier County Ordinance No. 91- 103 , the Ground Water Protection Ordinance. The computer simulation should be updated as additional data is acquired. See Natural Ground Water Aquifer Recharge Sub-Element 1. 1. RECOMMENDATIONS -- Given the status of completion of the policies under this Objective, it is recommended to maintain this Objective, but to rephrase it to specify ongoing evaluation of the zones of influence and contribution as additional data becomes available. Policy 3.2.1: Develop and maintain a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 32 The requirements of this policy were completed with the submittal of Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida: by Hunter/HydroSoft, Inc. (Voorhees and Mades, 1989) , which firm having been retained by the County to develop a ground water flow simulation model as part of the preparation of Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance. The computer simulation should be updated as additional data is acquired. See Natural Ground Water Aquifer Recharge Sub-Element 1. 1. Policy 3.2.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands" . Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A The three-dimensional ground water flow simulation was used to identify wellfield protection zones or "environmentally sensitive lands" (See Ordinance No. 91-103) around public water supply wellfields. Land use activities in these wellfield protection zones or "sensitive lands" are regulated under the Ordinance. The recommended timing for consideration of the modification of "cones of influence" or wellfield protection zones is tied to issuance or re-issuance of consumptive use permits for the wellfields or acquisition of new or additional hydrogeologic knowledge. RECOMMENDATIONS -- It is recommended that this policy be maintained and re-written to reflect the ongoing nature of the revision process using computer models. Policy 3.2.3: Identify existing land uses that possess the greatest potential for wellfield contamination. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a 33 continuous effort to implement Work Started: N/A Work Not Started: N/A The Ground Water Protection Ordinance Technical Report (PC- OFR-91-05) , as supporting documentation for Ordinance No. 91- 103 , identifies those land uses and contaminants that possess the greatest potential for wellfield and water resource contamination. Policy 3.2.4: Establish technically and legally defensible criteria for determining and mapping zones of protection. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1ity: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A The criteria (hydrogeologic, consumptive use, and characteristics of potential contaminants in the hydrogeologic system) and methodology (computer model approach) utilized by the Hunter HydroSoft, Inc. (Voorhees and Mades, 1989) three- dimensional ground water flow simulations used as the basis for identification of wellfield protection zones around specified public water supply wellfields in Collier County has proven technically defensible, and to the extent of its presentation in public hearing before the Board of County Commissioners, it has proven legally defensible. 34 OBJECTIVE 3.3: By August 1, 1989, adopt a local Ground Water Protection Ordinance to protect existing and future potable wellfields. (Refer to Objective 1.2 in the Natural Ground Water Aquifer Recharge Sub-Element. ) Policy Type: Ordinance 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Based on the comments for each policy of this Objective, the Ordinance No. 91-103 as adopted in November, 1991, provides protection, either in itself or by reference, to the ground water resource in and around identified existing public water supply wellfields (Sec. 2. 1. 2. 2) as well as for future wellfields (Sec. 2 .5) . `V1G0 t., : :� . : :=: } ; ?::;:::N ; ;; I '' ��' fir::>:t;:•,::.�: :;.:,: ` .'.;. . : ' :: ,.>:»::>:'::::;::::•:: :::>::,;.,::.:.:;;..:::::..:.,..:,:.. > >. :::::; : :»:.: .;::_;.:.:;:<.;:.:::`:»:>::»:>::: :. .::.as : :.:.,04:. A004 the 0gree V etfeict*y0 P00 :,,#h0 t0tects0p ::::: ures:._of,:;:t a:>:::Ord:a.nance::::and::::::re erenoed::::;re: ulat :ons:::<rel::at :vO::::::::::::: Policy 3.3.1: The Ordinance will address both existing and projected future land use and surface activities including, but not limited to: a. Petroleum storage tanks, b. Other identified hazardous materials and wastes of a specified quantity, c. Mineral extraction, d. Industrial and domestic wastes, e. Stormwater. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement 35 Work Started: N/A Work Not Started: N/A Collier County Ordinance No. 91-103 , the "Ground Water Protection Ordinance" was adopted in November, 1991. Petroleum storage tanks are not specifically addressed by this Ordinance, because of pre-emption at the State level. However, as a separate program via FDEP contract, the Petroleum Storage Tank Compliance Program was initiated on 1 October, 1989. Section 4. 2 of Ordinance 91-103 specifically addresses Hazardous Products and Hazardous Wastes. Sections 4 .1 , 4. 3 , and 4. 4 address Solid Waste, Wastewater, and Domestic and Industrial disposal , respectively. Section 4.8 addresses stormwater concerns, and Sections 4 .10 and 4 .11 address mineral extraction and petroleum exploration and production, respectively. ACCOMPLISHMENTS --In an effort to reduce duplicattion of effort, application of Ordinance No. 91-103 is integrated with the Petroleum Storage Tank Inspection Program as contracted from the State and with the Small Quantity Generator Program contract. Implementation of this Ordinance is under way with initial efforts being concentrated in the wellfield protection zones. Policy 3.3.2: The Ordinance will provide for an appropriate level of protection for all of Collier County and include demonstrated performance standards. Policy Type: Policy Statement 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A In November, 1991, Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, was adopted by the Board of County Commissioners and approved by the State. This Ordinance provides appropriate levels of protection, demonstrated performance standards, and enforcement capabilities for the entire County, including the public water supply wellfields. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 2 . Policy 3.3.3: 36 The Ordinance will address the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, addresses the concerns of breaching of confining units, improper well construction (Sec. 4.9) , rock mining (Sec. 4. 10) , excavations (Sec. 4 . 10) , and blasting by adopting, by reference, other County and State regulations. Collier County Ordinance No. 88-26 regulates excavation and earth mining, including the breaching of confining units. Collier County Ordinance No. 88-12 , regulates blasting to remove soil and rock. Collier County Ordinance No. 88-99 addresses regulatory aspects of well construction. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 2. Policy 3.3.4: The County will implement the Ordinance in a manner to minimize duplication of effort between the County and other State agencies. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Collier County Ordinance No. 91-103 is being implemented so as to minimize duplication of effort; by adopting by reference existing regulations, through delegation of authority from the SFWMD regarding well construction, by working closely with Project Plan Review where Ordinance No. 91-103 information is included in permitting packages, and by utilization of data from the Petroelum Storage Tanks and Small Quantity Generator programs to reduce database acquisition and generation times. See Natural Ground Water Aquifer Recharge Objective 1. 2. Policy 3.3.5: 37 The County will implement regulations and permitting review procedures. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Collier County Ordinance No. 91-103 , the Ground Water Protection Ordinance, includes procedures (Articles 5 through 11) for implementing the Ordinance, with reference to other County procedures, and contains specific guidelines for permitting review. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 2. 38 OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1. 3 in the Natural Ground Water Aquifer Recharge Sub-Element. ) Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Based on the comments in each of the policies under this Objective, the Objective mandates have been addressed with the initiation of water quality monitoring programs, annual data assessment, and reduction in duplication of effort. :: .,..44$0 AT a ':5::'::--In �1�..�.;;;::;�.;�.:; :; .:; .:.;:.:::.: ir±�or::t�r; ��*4lato. 'any lgng .ter�. ; roo�d :.,:.ate � Bali::� �:. :tr s .. i.: '::�._:::.:.:.r:::�::::::�:..: ty.::::. ::?��!��.,::::�t,:.;3.* re00m000+ oCto.:.wtBe:<t�€�.; ootr..ont: .::...0.r...:::4000 ty:::n00 .t�vr .n. :: r0.. ram :>:::::::< ► : :at :: 0> ,:tea <::.aai char:;:::..;:<.: :; :>:::'.'.`:.;..:<.;::'; >;:.;:.:< :2`: :'::: :,.::: ::.::::'.;:: ::,..:,::,:,:..,..::: :; .:::. .,:.,..;.;.::. iii.400 .:: .aii+ gO ;ii th 004 ty iupP0 t X00 p nm: 0 that co si derat: son., should > 3e's:ivento:::>:ex '.and n.• th ':..>.:Trend> ':rd' ramta::= :>I::.;::: pr.::: :8.: tWb.-WO : ::::::::00040 ::B00tOr a1'�.'114.' t. : 01a. friPti . :. :.;:.;:. .;:<�.::ytit:::::::::::::::::..:::::::::: : .;:.:f thOn0:00010tt0 *rad V,e1.1 tOtOi :tt .iROTAPA rt'°' am+.. .... ::::: nd cats .:.;that::::::a:>:::Sa ::t: < ater>: Bz u �dar::.<O W o. i:t. r program a ou .d b cone 04.:;t r.oOta4 :0ql: .: 640#y:-::>::::>.. Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 39 To meet the requirements of this policy, the following ground water quality monitoring program are in place: Trend (since 1988) ; Random (since 1986) ; Landfill (as part of operating permit requirements) ; Temporal Variability (contracted from FDEP since 1990) ; and Background (contracted from FDEP since (1990) . The Trend and Random programs were established to develop baseline data and identify trends in ground water quality. The Landfill program also monitors water ground quality. The Temporal Variability and Background ground water quality monitoring programs provide a regional perspective to questions of water quality and to supplement the County's own programmatic data. Data assessment (annual and long term) suggest potential changes in program directions. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1 . 3 . RECOMMENDATIONS -- It is recommended that the continuation of this policy include the expansion of the current Trend Ground Water Quality Monitoring Program from 6 2-well ground water monitoring sites to 18 2-well sites to address population growth and changes in land use in the suburban and rural areas of the County. In addition, it is recommended that the County consider establishing a Salt Water Boundary Ground Water Monitoring Network of Salinity Profile Wells within Collier County. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 40 Data gathering activities (Temporal Variability and Background programs) have been coordinated with both FDEP and SWFMD such that there has been a reduction in the duplication of effort and an increase in the quality of data provided by the ground quality monitoring programs. QA/QC is improved with only PCD personnel performing the sampling activities; laboratory data QA/QC is enhanced via USGS laboratory analyses at FDEP expense; SFWMD performs major maintenance on wells; and samplimg of some USGS wells on which there are permanent water level recorders expands the data base. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 3 . Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Data assessment for the Trend and Random programs has been accomplished on an annual basis (e.g. , PC-AR-94-01; PC-AR-93- 06) as well as program assessments (e.g. , PC-OFR-93-02 and PC- OFR-94-01) . These reports and assessments contain recommendations regarding possible program modifications. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 3 . Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model . Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A 41 COMPLETED/CONTINUING -- Databases that are being continually updated serve as potential information sources for revisions to the County's 3-dimensional ground water flow model include: ( 1) location, nature, and use volumes of wells issued consumptive use permits; ( 2) location and nature of wells not requiring consumptive use permits; ( 3) changes in configuration, extraction volumes, etc. for public water supply wellfields; and (4) lithologic characteristics of aquifers and aquifer systems. This is an on-going program. See Natural Ground Water Aquifer Recharge Sub-Element Objective 1. 3 . GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: By June 1 , 1989 , establish a mechanism to collect and evaluate data and information designed to more accurately determine water use in Collier County. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureabi1itv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Based on the comments for each policy under this Objective, this Objective has been completed with the establishment of channels to collect information and the availability of inhouse computer analysis capabilities. ............ :::'�i'�:::::�:�::�:�:.:::�i::�i:::�i:hi:�::�:::::•.:'with :::�:}}i:.}::':.i44::4' :.a;::::: .:;a;0:(.i:#:..:::....:. ..:::..a:... .:....i};. .......:.. ._;i,:...:.._:.:... ....:. :n Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy Type: Describes a Plan of Work 42 9J5 Requirement: Not Specifically Addressed Measureabi1itv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A PCD has access to SFWMD water resources information via the computer database DATAFLEX, through STORET (EPA Computer Database) , and through GWIS (FDEP Computer Database) . Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureabilitv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A The SFWMD is now requiring that gauges be installed on those wells for which consumptive use permits are being issued. More accurate estimates of pumpage can now be generated from information garnered from these sources. Policy 4.1.3: Compile from appropriate local , State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. Policy Type: Describes a Plan of Work 9J5 Requirement: Not Specifically Addressed Measureabi1itv: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A This information has been acquired in printed format from various agencies and technical publications by both the Pollution Control and Natural Resources departments. 46 OBJECTIVE 5.3: By August 1, 1992, determine the quantity of existing mineable mineral resources in Collier County. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 50% Completed Work Started: January, 1992 Work Not Started: N/A Pollution Control Department staff is working to complete compilation of information concerning mineable resources in Collier County and produce a staff report. For the purposes of this task, the resources included are; sand, limerock for crushed stone, and crude oil and natural gas. :$Liid>::>P Z0: 'u0 � . tO :iioV1deah«::ZiTiVintOr :: �� ... t` abtab :l Policy 5.3.1: Work with the Department of Natural Resources and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. Policy Type: Describes a Plan of Work 9J5 Requirement: Specifically Addressed Measureability: Completed: 50% Completed Work Started: January, 1992 Work Not Started: N/A Pollution Control Department staff are currently working to compile information relating to mineable resources (sand, lime rock, and crude oil and gas) in Collier County. The database that is being developed includes information from the Florida Geological Survey, data on reserves under lease by individual exploiters, and projected resources beyond leased areas. 70 OBJECTIVE 9.4: By September 30, 1989, the County shall establish a local storage tank compliance program. Policy Type: Policy Statement 9J5 Requirement: Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A Based on analysis of the progress made in addressing the mandates of the policies below, the mandates of this Objective have been met. RECOMMENDATIONS -- It is recommendated that this Objective remain as part of the Growth Management Plan, but be modified to reflect the continuing nature of the program now that it has been established. Policy 9.4.1: The County shall enter into a contract with Department of Environmental Regulation under the Super Act provisions in order to avoid any duplication of effort. Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A In September, 1989 , the County established a local storage tank compliance program under the direction of FDEP, so as to avoid duplication of effort and to improve the efficiency. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. The County shall assess the need for secondary containment of storage tank and line systems especially in areas close to potable wellfields. 71 Policy Type: Policy Statement 9J5 Requirement: Not Specifically Addressed Measureability: Completed: 100% Completed, but will require a continuous effort to implement Work Started: N/A Work Not Started: N/A In September, 1989, the County established a local storage tank compliance program under the direction of FDEP, so as to avoid duplication of effort and to improve the efficiency. The County concentrates on monitoring storage tank installation and removal, compliance inspections, contractor certification, oversight of maintenance and monitoring of petroleum contamination sites, and assesses the need for secondary containment of storage tank and line systems, especially in areas close to potable water wellfields. ACCOMPLISHMENTS -- This program provides for approximately 330 annual compliance inspections of both aboveground and belowground storage tanks; approximately 40 tank removal inspections and 10 tank installation inspection per year; and about 120 non-compliance inspections per year from which are generated 4 to 6 case reports for submittal to FDEP for enforcement action. /IA1 COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E. TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 November 15, 1994 (813)732-2505 FAX(813)774-9222 John Stys Office of Environmental Services A CERTIFIED BLUE CHIP COMMUNITY Florida Game and Fresh Water Fish Commission 620 South Merdian Street Tallahassee, Florida 32399-1600 RE: Figure 170a. within the FGFWFC's Closing the Gaps in Florida's Wildlife Habitat Conservation System Publication Dear Mr. Stys: As per our phone conservation, I am writing this letter to let you know how much I appreciate your timely response in faxing me a copy of the acreages for each land cover type located in Collier County within the above referenced Figure. Also, I am writing this letter as a formal request for information. The information is planned to be utilized in the County's 5-year EAR/GMP Process, which is currently being reviewed by a Citizen Advisory Committee that has been appointed by the Board of County Commissioners. Please send me, as soon as possible, one enlarged copy of the Collier County portion of the above referenced Figure. At your convenience, please send me enlarged copies of the Collier County portion of the range maps (potential habitat/strategic habitat areas) within Collier County for the following wildlife species: American Oystercatcher, American Swallow-tailed Kite, Audubon's Crested Caracara, Bobcat, Florida Black Bear, Florida Burrowing Owl, Florida Grasshopper Sparrow, Florida Panther, Florida Scrub Jay, Florida Scrub Lizard, Fox Squirrels, Gopher Tortoise, Limkin, Piping Plover, Red-cockaded Woodpecker, Seaside Sparrows, Snail Kite, Southeastern Amerivcan Kestrel, and Southern Bald Eagle. Please note, in order to process my request more quickly and to possibly make it more convenient for you, our department has a computer system with the following graphic display software Arc-View, Arc-Cad and Auto-Cad if you could provide the data in one of these forms we could print all of the above requested information. Thus, saving both of us time! Mr. John Stys July 26, 1995 Page Two I am looking forward to receiving this information (or data) from you soon. If you have any questions or need additional information regarding my request please do not hesitate to give me a call or Mac Hatcher, our GIS specialist at 732-2505. Thank you for your assistance. Sincer/ely, Q e41 Kimberly-J. Polen Environmental Specialist II cc: EPTAB/GMP File GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) 10-24-94 GOP: Objective 1.3 By August 1, 1994 , complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , published by the Florida and Fresh Water Fish Commission) and their habitats. Policy Type: Program 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A k f ie j -1 Z, ry cmc 21r /9 °7 s/' , M 7 13/4c. L.a,eZ K A1,6) Y /%L t , y ( t /V/P Cy /ate y A1 5,e/t2s C'o z.2- V/A4vvirfr CQ,eJ R N 5- GOP: Policy 1.3. 1 The program will include the following: A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; B. A process for verifying the existence and boundaries of NRPAs during development permit applications; C. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; D. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; E. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights; F. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; G. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy Type: Program 9J5 Requirement: Not Specifically addressed Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 1. 3) Recommendations: 1. The County should revise Policy 1. 3 . 1a within the program in order to first allow the implementation of an adopted NRPA, then identify the NRPA(s) in map form as an overlay to the Future Land Use Plan Map during the following annual GMP amendment process. 2 . The County should amend Policy 1. 3 . 1 (e) within the program in order to include the following EPTAB/GMP Committee suggestions: 1) consideration of potential reduction(s) in densities, where such reductions can be justified to protect natural resources, public health, safety and welfare; 2) tailoring development standards to the needs of NRPAs in the form of ST overlays or other forms of similar zoning overlay treatments; and 3) clustering and mitigation banking concepts. GOP: Policy 1.3.2 By August 1, 1990, designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: Not Specifically addressed Completed: Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: On October 1, 1991, the BCC approved Resolution 92-319 regarding the Coastal Zone Management Plan (CZMP) , which included recommendations for development standards and criteria. On June 29, 1993 the BCC adopted various LDC reflecting some of the CZMP recommendations. Recommendations: 1. The County should continue the implementation of the CZMP recommended development standards and critera as directed by the BCC. GOP: Policy 1.3.3 Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy Type: Describes Plan of Work 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (see Comments section under Objective 1. 3) Recommendations: 1. The County should continue with the NRPA program as directed by the BCC. GOP: Policy 1.3. 4 Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. Policy Type: Describes Plan of Work 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 1. 3) Recommendations: 1. The County should continue with the NRPA program as directed by the BCC. GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) 10-24-94 GOP: Objective 6. 1 By August 1, 1992, identify define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County Ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance; Ordinance 80-19, the Coastal Construction Control Line Ordinance; Ordinance 82-37, the Exotic Plants Ordinance; and Ordinance 74-9, the Exotic Fish Ordinance Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: At least one objective to conserve, appropriately use and protect . . . native vegetative communities including forests. . . [and) . . . wildlife habitat and marine habitat. (9J-5. 013 (2) (b) 3 and 4 . ) Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: Staff has approached the development of Objective 6. 1 by LDC amendments associated with the Coastal Zone Management Plan and by the proposed yet unadopted Habitat Protection Ordinance (HPO) . Intertidal habitats (Seagrass beds) have been full addressed by Section 2 . 6.21. 8 of the LDC (Attached) . An inventory of habitats based on satellite imagery from the Game and Freshwater Fish Commission was used to determine the rarity of habitats in Collier County. This was a major criteria for the the proposed HPO to determine the relative value of which habitats are targeted for protection. A scoring system is used to identify which habitats should be preserved as part of the 25% requirement. The BCC directed staff to put the HPO on hold until the NRPA program is developed further. Staff and EPTAB had identified some changes to the HPO prior to this direction. Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.1 By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.2 By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 0l3 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.3 By August 1, 1992 , inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.4 All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy Type: Policy Statement 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.5 The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6 . 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.6 Flexibility, in the form of area trade-offs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy Type: Policy Statement 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 0l3 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOP: Policy 6. 1.7 Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this element will apply. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 6. 1) Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) 10-24-94 GOP: Objective 6.3 A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recomendations: 1. The County should delete the phrase "viable, naturally functioning transistional zone" within the policy statement in order to eliminate equivocality and to create consistency with all policy statements. GOP: Policy 6.3. 1 The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recomendations: 1. The County should delete the phrase "transistional zone" within the policy statement in order to eliminate equivocality. 2 . The County should adopt the new wetland delineation methodology according to 373 . 019 and 373 . 421 F.S. GOP: Policy 6.3.2 Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recomendations: 1. The County should delete the phrases "transistional zone" and "transitional" within the policy statement in order to eliminate equivocality. GOP: Policy 6.3.3 Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recomendations: 1. The County should delete the phrase "transistional zone" within the policy statement in order to eliminate equivocality. GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) GOP: Objective 1.3 By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , published by the Florida and Fresh Water Fish Commission) and their habitats. Policy Type: Program 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: In December 1992, Staff briefed the BCC on the proposed NRPA program. Following several information workshops, on March 1, 1994, the BCC took formal action to create the process for developing NRPAs. Also, the Board directed staff to create the Clam Bay NRPA as the first NRPA for development. Staff has created a Technical Report for which subsequent management guidelines will be completed. These are approximately 10% complete (as of 9-9-94) . EPTAB has recommended the following 9 NRPAs for further development: 1) Clam Bay; 2) Ten Thousand Islands; 3) South Golden Gate Estates; 4) Belle Meade; 5) CREW/Camp Keais; 6) Gordon River System; 7) Okaloacoochee Slough; and 8) North Golden Gate Estates. Recommendations: 1. The County should continue with the NRPA program as directed by the BCC. GOP: Policy 1.3. 1 The program will include the following: A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; B. A process for verifying the existence and boundaries of NRPAs during development permit applications; C. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; D. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; E. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights; F. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; G. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy Type: Program 9J5 Requirement: Not Specifically addressed Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 1. 3) Recommendations: 1. The County should revise Policy 1. 3 . 1a within the program in order to first allow the implementation of an adopted NRPA, then identify the NRPA(s) in map form as an overlay to the Future Land Use Plan Map during the following annual GMP amendment process. 2 . The County should amend Policy 1. 3 . 1 (e) within the program in order to include the following EPTAB/GMP Committee suggestions: 1) consideration of potential reduction in densities; 2) tailoring development standards to the needs of NRPAs in the form of ST overlays or other forms of similar zoning overlay treatments; and 3) clustering and mitigation banking concepts. GOP: Policy 1.3.2 By August 1, 1990, designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy Type: Establish Guidelines, Standards and/or Criteria 9J5 Requirement: Not Specifically addressed Completed: Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: On October 1, 1991, the BCC approved Resolution 92-319 regarding the Coastal Zone Management Plan (CZMP) , which included recommendations for development standards and criteria. On June 29, 1993 the BCC adopted various LDC reflecting some of the CZMP recommendations. Recommendations: 1. The County should continue the implementation of the CZMP recommended development standards and critera as directed by the BCC. GOP: Policy 1.3.3 Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994 , designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy Type: Describes Plan of Work 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (see Comments section under Objective 1. 3) Recommendations: 1. The County should continue with the NRPA program as directed by the BCC. GOP: Policy 1.3.4 Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. Policy Type: Describes Plan of Work 9J5 Requirement: Not Specifically addressed Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: (See Comments section under Objective 1. 3) Recommendations: 1. The County should continue with the NRPA program as directed by the BCC. GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) 10-1-94 GOP: Objective 6. 1 and Policies 6. 1. 1 through 6. 1.7 Title: By August 1, 1992, identify define and prepare development standards and criteria for all important native County habitats. . . (See Attached Policies. ) Policy Type: Ordinance 9J5 Requirement: At least one objective to conserve, appropriately use and protect . . . native vegetative communities including forests. . . [and] . . . wildlife habitat and marine habitat. (9J-5.013 (2) (b) 3 and 4 . ) One or more policies for each objective which address implementation activities for the protection of native vegetative communities from destruction by development activities (9J-5. 013 (2) (c) 3) . Completed: Work Started 75 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: Staff has approached the development of Objective 6. 1 by LDC amendments associated with the Coastal Zone Management Plan and by the proposed yet unadopted Habitat Protection Ordinance (HPO) . Intertidal habitats (Seagrass beds) have been full addressed by Section 2 . 6.21.8 of the LDC (Attached) . An inventory of habitats based on satellite imagery from the Game and Freshwater Fish Commission was used to determine the rarity of habitats in Collier County. This was a major criteria for the the proposed HPO to determine the relative value of which habitats are targeted for protection. A scoring system is used to identify which habitats should be preserved as part of the 25% requirement. The BCC directed sta.i to put the HPO on hold until the NRPA program is developed further. Staff and EPTAB had identified some changes to the HPO prior to this direction. Recomendations: 1. Modify the public hearing draft of the HPO to allow offsite mitigation in Board approved NRPAs. GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. • * OBJECTIVE 6.1: By August 1, 1992, identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County Ordinances including Ordinance -75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance; Ordinance 80-19, the Coastal Construction Control Line Ordinance; Ordinance 82-37, the Exotic Plants Ordinance; and Ordinance 74-9, the Exotic Fish Ordinance. Policy 6.1.1: By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3: By August 1, 1992, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.6: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. * * Amended May, 1990 Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this element will apply. COvision 2.6 Suapkmexd District Refutations 2.6.21.8 Where new boathouses, boatshelters,or docking facilities are proposed or boat dock extensions,the location and presence of seagrass or seagrass beds within two hundred (200)feet of any proposed dock fa:Sity or boathouse shall be identified on an aerial photograph having a scale of one inch to 200 feet when available from the county,or a scale of one inch to 400 feet wfien such phot amine not available from the county. The location of seagrass beds shall be verified by a site visit by tSite Development Review Director or his designee prior to issuance of any project approval or 2.621.8.1 Al proposed boat houses, boatsheiters, and dock facilities shall be located and aligned to stay at least ten(10)feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property.and to minimize negative impacts to segrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.621.8.2 Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property the apoplcant shall be allowed to buid a dock across the seagrasses, or a boathouse, boatshefter or docking facility within ten feet of seagrasses. Such boathouses, boatshelters or docking facilities shall comply with the following conditions: 1. The boathouse, boatshetter or dock shaft be at a height of at least three and one-half (3.5) feet NGVD. 2. The terminal platform of the dock shall not exceed one hundred sixty (160) square feet. 3. The access dock shall not exceed a width of four (4) feet. 4. The access dock and terminal platform shall be sited to impact the smallest area of seagrasses possible. 2.621.8.3 The petitioner shalt be required to demonstrate how negative impacts to segrasses and other native shone vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. SEC. 2.622 [RESERVED) Collier Cavity 2-174 A act 30,1991 Amended July 6,1992 Land Development Code Amended Oct. 14,1992 Amended Dec.17,1993 1011fAI*44 0404' \ ri1/4414.01614 GROWTH MANAGEMENT PLAN EVALUATION AND APPRAISAL REPORT (EAR) /,/7, ,_./(-)_. , _/(-)_ I1 GOP: Objective 6.2 There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6. 3 . Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: 1. The County should delete the phrases "unacceptable net" , "viable naturally functioning" , and "transitional zone" within the policy statement in order to eliminate equivocality and to create consistency with all policies and policy statements. GOP: Policy 6.2 .1 Until such time that Natural Resource Protection programs/plans (Objectives 1. 3 , 2 . 5 and 11. 6) and development standards for habitat areas (Objective 6. 1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: 1. The County should continue with the NRPA, Estuarine Management ,and Coastal Barrier and Beach System Management Programs and develop standards for habitat areas. GOP: Policy 6.2 .2 All wetlands are designated as environmentally sensitive areas. Policy Type: Policy 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2.3 Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy Type: Policy 9J5 Requirement: Not specifically addressed Completed: Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy has not been utilized because it has been difficult to interpret. Recommendations: 1. The County should delete the phrases "not viable" and "not naturally functioning" within the policy in order to eliminate equivocality. GOP: Policy 6.2 .4 The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new silviculture operations pursuant to Division 3 . 9 of the Land Development Code. Recommendations: None GOP: Policy 6.2 .5 Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy Type: Policy 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 . 6 Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4 . 02 (17) , Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6. 6. Policy Type: Policy 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 .7 Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 .8 All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 .9 Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Regulation. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. commendations: 1. The County should delete the phrase "including transitional wetlands" within the policy statement in order to eliminate equivocality. GOP: Policy 6.2.10 Any development activity within a viable naturally functioning freshwater wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: 1. The County should consider deleting the phrase "viable naturally functioning" within the policy statement in order to eliminate equivocality. 2 . If the State adopts new mitigation standards under the Environmental Resource Permit (ERC) Program, the County should „ cr ep ^_'n the old stand. • • • - • GOP: Policy 6.2 . 11 For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 . 12 For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None GOP: Policy 6.2 . 13 Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the predevelopment hydroperiod. Policy Type: Policy Statement 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy statement has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: 1. The County should consider deleting the phrase "viable naturally functioning" within the policy in order to eliminate equivocality. GOP: Policy 6.2 . 14 Where appropriate, incorporate onsite freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. Policy Type: Policy 9J5 Requirement: Not specifically addressed Completed: But will require a continuous effort to implement Work Started 100 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: This policy has been applied to all new and existing development and construction pursuant to Article 3 of the Land Development Code and any site alteration or development on lands with an ACSC-ST or a ST zoning district classification. Recommendations: None Eva"_ _cion and Appraisal Report -AR) .. Xpl EPTAB rowth Management Plan Subc .mmittee) /11(7-'62- Work 1Work Schedule 10-1-94 ""4 trgA -- ,ife !\---- bele GROUP (NRPAs AND BITAT STANDARDS) CCME: 1. 3 , 6. 1, 6. 2 , 6. 3 , 6.4 6. 5, 6. 6, 6. 7 6. 8 Summary Sheets prepared October 1, 1994 SubCommittee Review November 30, 1994 Report to EPTAB December 12, 1994 Group (LISTED SPECIES, COASTAL MGT, ARCHEOLOGICAL) CC 7. 1, 7 .2, 7 . 3, 11. 1, 11. 2 , 11. 3, 11.4 , 11. 5, 11. 6, 12 . 1 Summary Sheets prepared November 1, 1994 SubCommittee Review December 30, 1994 Report to EPTAB January 9, 1995 Group 3 (GROUND/SURFACE WATER) CCME: 2 . 2, 2 . 3 , 2 . 4, 2 . 5, 3 . 1, 3 .2, 3 . 3 , 3 . 4 NAGWRA: 1. 1, 1. 2, 1. 3 , 1.4 , 1. 5, 2. 1 Summary Sheets prepared December 1, 1994 SubCommittee Review January 30, 1995 Report to EPTAB February 13, 1995 Group 4 (AIR QUALITY, MINERALS, HAZMATS) CCME: 5. 1, 5. 2 , 5. 3 , 5. 4, 8 . 1, 9 . 1, 9 . 2 , 9. 3 , 9 .4 , 9 . 5 Summary Sheets prepared January 1, 1995 SubCommittee Review February 28, 1995 Report to EPTAB March 13 , 1995 Group 5 (SOLID WASTE) SW 1. 1, 1. 2 , 1. 3 , 1.4, 2 . 1, 2 . 2 Summary Sheets prepared February 1, 1995 SubCommittee Review March 31, 1995 Report to EPTAB April 10, 1995 Group 6 (DRAINAGE) D 1. 1, 1. 2 , 1. 3 , 1. 4 , 1. 5 Summary Sheets prepared March 1, 1995 SubCommittee Review April 30, 1995 Report to EPTAB May 8, 1995 Group 7 (HURRICANE) CCME: 13 . 1, 13 . 2 , 13 . 3 , 13 . 4 Summary Sheets prepared April 1, 1995 SubCommittee Review May 31, 1995 Report to EPTAB June 12, 1995 Group 8 (WATER/SEWER) CCME: 4. 1, 4 .2 PW: 1. 1, 1. 2 , 1. 3, 1. 4, 1. 5 SEW: 1. 1, 1.2, 1 . 3 , 1.4 , 1.5 Summary Sheets prepared May 1, 1995 SubCommittee Review June 30, 1995 Report to EPTAB July 10, 1995 Group 9 (ADMINISTRATION/LOS STANDARDS) CCME: 1. 1, 1. 2, 10. 1, 14. 1 Summary Sheets prepared June 1, 1995 SubCommittee Review July 30, 1995 Report to EPTAB August 14, 1995 kAFT- GROWTH MANAGEMENT PLAN -16).(34- EVALUATION I6)``3¢EVALUATION AND APPRAISAL REPORT (EAR) GOP: Objective 1.3 and policies 1.3.1, 1.3.3, and 1.3.4 (Policy 1. 3 . 2 is separately addressed) Title: By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida and Fresh Water Fish Commission) and their habitats. . Policy Type: ` Program - 9J5 Requirement: Not Specifically addressed eAs-itE-t/5i L-IJV = Completed: Work Started 50 % Complete Work not Started: N/A Drafted by Staff: N/A Adopted by the BCC: N/A Comments: In December 1992 , Staff briefed the BCC on the proposed NRPA program. Following several inforamtion workshops, on March 1, 1994, the BCC took formal action to create the process for developing NRPAs. Also, the Board directed staff to create the Clam Bay NRPA as the first NRPA for development. Staff has created a Technical Report for which subsequent management guidelines will be completed. These are approximately 10% complete (as of 9-9-94) . EPTAB has recommended 9 NRPAs for further development (Attachment 1) . P`I. The County should continue with the NRPA program as directed by the BCC. 2 . Policy 1.3. 1a should be deleted. ... , .`z * • OBJECTIVE 1.3: By August 1, 1994, complete the phased delineation, data gathering,, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. ...L." • The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" published by the Florida and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to ` the Future Land Use Plan Map; h• A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the normal development application review, to ensure that the guidelines • standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of \ development are being adequately assessed and addressed; <' j e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Othera - :: • options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; ,, A. g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. • Policy 1.3.2: By August 1, 1990, designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed , and sub-basin management plans. NATURAL RESOURCES DEPARTMENT�'ACT-;O, A _ � MEMORANDUM !WO: TO: File FROM: Richard W. Hartwell, EnvironmentapF1!pecialist II DATE: March 29, 1994A I"', --_ SUBJECT: Natural Resources Protection Area (NRPA) l� Procedures Manual The attached document was created to establish a procedure in which each Natural Resources Protection Area (NRPA) will be processed. The NRPA Procedure Manual also contains a flow chart illustrating the procedure to be followed in establishing a Board approved NRPA. Attachment c: William D. Lorenz Jr. , P.E. , Administrator RH:jl\6451 NRPA PROCEDURE MANUAL On March 1, 1994 , the Board of County Commissioners gave staff direction to initiate the Natural Resources Protection Area (NRPA) Program. The following data explains the procedure in which each NRPA will be processed. 1. Staff prepares a list of proposed NRPA's for the Board's consideration. The following area have been listed by EPTAB as candidates for potential NRPA's. a. Clam Bay b. Ten Thousand Islands c. South Golden Gate Estates d. Belle Meade e. Rookery Bay f. CREW/Camp Keais g. Gordon River System h. Okaloacoochee Slough i. North Golden Gate Estates Staff provides a one page summary of each NRPA which is presented to EPTAB for review. The summary should include a brief description of the following: a. Introduction of the proposed NRPA (brief description of its size and location) . b. The NRPA's qualifications (brief description of its uniqueness, water quality, endangered species, etc. ) . c. Brief statement about what action would be taken if approved as a NRPA (management plan, problems that may need corrections within the NRPA, lack of regulatory protection, etc. ) . 2. Staff presents list and one page summary of NRPA's to the Board for consideration. Board reviews list and authorizes staff to proceed with selected potential NRPA's. 3. Staff presents Board with a three to five page technical manual which expands upon the one-page summary report. Expansion consists of a criteria that is developed for each selected potential NRPA's. Board reviews technical manual and authorizes staff to proceed with selected NRPA's. -1- 4 . Staff established criteria for each individual NRPA, and formulates a management plan, if needed, as well as a technical report. Staff utilizes NRPA's Internal Procedure Manual which establishes priorities for the NRPA being processed 5. Staff presents technical report and management plan to EPTAB for review and comments. 6. Property owners are notified by staff if proposed NRPA involves their land. 7 . Staff takes EPTAB comments and establishes a workshop draft of NRPA to be presented at EPTAB public workshop. 8. Staff presents NRPA draft at EPTAB public workshop and takes comments and statements from EPTAB and public. 9. Based on EPTAB and public comments, staff drafts final NRPA document for Boards review. 10. Board reviews final draft of NRPA's technical report and management plans and approves or rejects NRPA. 11. Board adoption of NRPA for implementation action. -2- LDC AND GMP AMENDMENT FOR NRPA CONSIDERATIONS Depending on what would be required of the approved NRPA an amendment cycle could be initiated within the Land Development Code or the Growth Management Plan (GMP) . 1. The Land Development Code can be amended in January and July. 2 . The Growth Management Plan can be amended in August. 3 . All NRPA's will require changes to the GMP Future Land Use Element. 4 . Any NRPA that includes a "Special Treatment" (ST) area changes in allowable densities, or additional project review would have to amend the Land Development Code (LDC) in addition to the GMP. The only NRPA's likely to avoid going through the LDC amendment cycle would be ones where the land ownership or control is with a conservation organization. 5. All LDC amendments for NRPA would go to the County Attorney for legal review. 6. Collier County Planning Commission (CCPC) reviews all changes to the LDC and GMP. 7. LDC and GMP changes reviewed by BCC. LDC changes adopted or rejected by Board. 8. GMP goes to Department of Community Affairs (DCA) for review, DCA recommends or objects to changes. 9. GMP goes to CCPC for adoption. 10. GMP goes to BCC for adoption. The above process is estimated to take approximately 18 months. The NRPA Procedure mechanisms gives ample opportunity for review by public and private interest. This procedure assures that all concerns about individual NRPA's will be appraised and considered within the NRPA program guidelines. -3- 17-"--""21111 -t n n V47W 1N., F g p oa < Pi 4 L Z�� Q. toZtfrn o Iii EZ m 73 Fl xi 3 H < 14 A 1IP n --1 e td a�� a - 4 f � � P : �lr s ii AC Q - ° � ; ; lil 5 z pn e+ —'1 r t 2.--.4 ''' - .... .............- 0 —0 c! • ,,g � z — n Z<-0 . �v a n 'aG°d> O < Q H fel -h 3 D f' r ID H IT mDrb A aD"� 3i D le 4 x r aA an .3 ►4 sa .� z �g3 paH u 17 N Q In z tim D a -� -4 r H 0 ,, z A _ 2 1 P3. a 0* n EXECUTIVE SUMMARY DIRECTION FOR THE NATURAL RESOURCES PROTECTION AREA (NRPA) PROGRAM OBJECTIVE: Receive Board direction on the NRPA Program. CONSIDERATIONS: On January 18, 1994, the Board directed the staff to develop guidelines for identifying areas for consideration as NRPAs and then determine those areas already covered by State and/or Federal regulations. The purpose of this Executive Summary is to propose guidelines for developing the NRPA program. The Board should note that all potential NRPAs will be covered by Federal and State regulations to some degree. Each NRPA, however, will have a unique set of circumstances where the current regulations may be judged as inadequate to provide an appropriate degree of protection for the NRPA. This information will be developed for each NRPA as the evaluation and adoption process unfolds. Growth Management Plan Guidelines The Conservation and Coastal Element (CCME) states that the purpose of a Natural Resources Protection Area is to protect endangered or potentially endangered species and their habitat (Objective 1 .3) . (See Attachment 1 for applicable objectives and policies. ) Conservation guidelines should be developed to protect natural resource value, maintain ecologically functioning systems and to restore or mitigate NRPAs already degraded (Policy 1.3.1e). The Growth Management Plan defines a NRPA as a "portion of the County that has been identified as being of extreme importance for one or more critical ecological functions by the Collier County Natural Resources Department. Some of these critical ecological functions are: aquifer recharge, storm water detention, protected and unprotected wildlife habitat, and normal conveyance of water toward the County estuaries". Categories of NRPAs (Volume II of the CCME) include: 1. Estuaries and Coastal Barrier Areas (ECB) 2. Water Protection and Conservation Areas (WPC) 3. Critical Ecological Corridors (CEC) 4. Rare, Unique, and Endangered Habitats (RUE) Appendix M of the CCME provides a more technical description of these NRPA types and their functions (Attachment 2) . Criteria for Identifying Potential NRPAs Based upon information and criteria contained in the Growth Management Plan and input from EPTAB, staff has developed a checklist of criteria to evaluate an area as a possible NRPA (Attachment 3) . .--- jjEv A:. N 0-C No. � sj MAR 0 1 94 P.7. �- Executive Summary NRPA Program Page -2- Process for Identifying Potential NRPAs Staff has previously provided EPTAB and the BCC with a proposed process to evaluate areas for potential candidates as NRPAs. Based on Board comments from previous discussions, staff has modified the process to include BCC authorization to work on a particular NRPA (Attachment 4) . A general outline of the process is as follows: 1. Board Authorization to Proceed - Potential NRPAs will be presented to the Board for receiving authorization to proceed with selected NRPAs. The Criteria for Identifying NRPAs (Attachment 3) will be used to evaluate the merits of a particular area as an NRPA. A technical memorandum for each potential NRPA addressing the criteria could be used to solicit direction from the Board. Each of the criteria groups (e.g. , Water Protection and Conservation Area, Wildlife Corridor) could be rated by EPTAB using a scoring system and presented to the Board as part of the technical memorandum. The Board would then decide on which if any of the NRPAs should proceed to the next step. 2. Development of an NRPA Management Plan - Policy 1.3.2 requires the County to adopt management guidelines and performance standards for NRPAs. A Management Plan will be developed by staff for each NRPA for ultimate Board review and approval . The Plan will consist of a detailed inventory and analysis of the area's natural resource value, the degree it is being protected by existing regulations, a list of recommended protection mechanisms and costs to implement the Plan. The report will provide additional information relative to the criteria and will evaluate the appropriateness of a variety of protection mechanisms (Attachment 5) . Staff will work with EPTAB and will conduct public workshops to receive input to modify and change the Plan prior to review by the Board. 3. Board Review and Approval /Re.iection - Staff will present the Management Plan for each NRPA to the Board. The Board can then accept, modify or reject the recommendations. Staff will prepare appropriate implementation actions (e.g. code amendments, Future Land Use Map amendments) for subsequent Board approval . FISCAL IMPACT: Staff has estimated that it may take up to 1,000 hours to complete a complex NRPA Management Plan. Staffing required for completing the NRPA Program will depend on the degree and scope of the NRPAs authorized by the BCC. An annual allocation of 2 FTEs ($70,000) would be a reasonable estimate for maintaining the Program. This allocation would come from existing staff and budgeted resources of the Natural Resources Department. GROWTH MANAGEMENT IMPACT: Objective 1.3 of the CCME requires the County to complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Area (NRPA) Program. 17220µo. MR0194 Pte. Executive Summary NRPA Program Page -3- RECOMMENDATION: Direct the staff to continue with the NRPA Program. I/ '� Date: Z -/7-°)4- Prepared by: " yam 1 . ore .ministrator r. , . , nvironmental Services Division Reviewed by: Date: Neil Dorrill , County Manager WDL:pc Attachments C: EPTAB Members l94Ac.ENN BAR ATTACHMENT 1 GROWTH MANAGEMENT PLAN OBJECTIVES AND POLICIES * * OBJECTIVE 1 . 3 : By August 1 , 1994 , complete the phased delineation, data gatherir management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in A current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , published by the Florida and Fresh Water Fish Commission) and their habitats. Policy 1. 3. 1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the existence and boundaries of NRPAs during development permit applicatidris; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. * * Amended May , 1990 r o` 3) MwR0194 Policy 1. 3 . 2 : By August 1 , 1990 , designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1. 3 . 3 : Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994 , designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. .�. Policy 1. 3 . 4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. ►o. • MAR 0 1194 GOAL 14 : THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 14 .1: To establish, prior to the adoption of any land development regulation to implement this element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, state, or federal agencies with jurisdiction over the activities sought to be regulated. Policy 14 . 1. 1: There will be nounnecessary -duplication of existing regional, state, or federal permitting programs. Policy 14 . 1.2.: The County may adopt regulations to 'strengthen>existing permitting programs. - . Policy 14. 1.3: Prior to adopting any new regulations to implement this element, the following guidelines shall be met: a. It ful.fills _an__important. }need not presently adequately met by existing regional, state, or federal regulation. b. The regulation can be effectively and efficiently -- administered by authorized increases to County staff. c. The cost to the County of implementing the regulation • shall have been identified and considered. RC: DA — n) MAR 0 1 94 ATTACHMENT 2 NRPA TYPES (APPENDIX M) NATURAL RESOURCE PROTECTION AREAS 1. Estuaries and Coastal Barrier Systems (ECBS) • • A. This Protection is Necessary to Provide 1. Water Quality Protection (from pollutants) „• a. Estuarine and fisheries protection b. Natural area and wildlife protection • ;. q c. Protection of threatened and endangered sptilOs,o1414tiuto;; . (such as the West Indian Manatee, bald eagle; sea turtles, etc.) 2. Functioning of mangrove habitat and other coastal barriers as natural buffers and protection from hurricane and tropical storm surge 3. Functioning benthic, planktonic, and pelagic systems • • that are necessary to provide viable fisheries. This ;; • requires strict protection of mangroves, sea grasses, • living oyster bars, and attached macro algae habitats. a. Since estuaries and their attendant mangrove and salt marsh wetlands serve as nursery areas and habitat for most fishery species and coastal barriers reduce the effects of storm surge, and serve as critical wildlife habitat for myriad terrestial and marine species, this subcategory shall receive the greatest degree of protection. 2. Water Protection and Conservation Areas (WPC) A. This Protection is Necessary to Provide 1. Water Storage a. Aquifer recharge (for present and future wellfields) b. Fire retardation c. Storm water management 2. Water Quality Protection (from pollutants) a. Wellfield and aquifer protection Ha W 3 •� MAR 0 1 94 3. Natural area and wildlife protection a. Since water is the single most valuable resource in the county, WPC will receive a degree of protection comparable to ECB areas. 4. Critical Ecological Corridor (CEC) (can be land or water) A. CEC Definition: Relatively large contiguous area (such as a wetland flow way) containing Class I (pristine or mostly undisturbed) and Class II (modified by some historic event like fire or drainage) biotopes or an "archipelago" of semi— connected or adjacent habitat "islands" that serves one or more of the following major ecological functions: 1. Conduit or corridor for animal or plant populations allowing passage from major habitat to major habitat (i.e., such as between the Bird Rookery/Corkscrew Swamp major habitat to the Big Cypress/Fakahatchee area). This will function, according to island biographic theory, to allow a greater number of species to survive than could in the separated larger habitats individually. - 2. Home range, nesting area, foraging area, or subpopulation (deme) of plant or animals, for local, state, and federally protected species. 3. Natural surface—or—ground—water flow—way. 4. Forming a buffer for natural and human—inhabited areas from storm surge (generally mangroves, barrier islands, and salt marshes). 5. Erosion control (generally mangroves and salt marsh in the coastal regions) 6. Providing a nutrient base for commercial and sport fisheries (mangroves, especially in the Ten Thousand Islands, Rookery Bay Aquatic Preserve, Clam Bay, and Hickory Bay systems). B. CEC areas will receive a secondary level of protection, (less than WPC and ECB areas) 4. Rare, Unique, or Endangered Area (RUE) A. RUE definition: nearly undisturbed habitats that are unusual, rare, or unique to Collier County. These areas may be relatively moderate to small in size and contain or be K-t > comprised of one or more of the following: 1. Hardwood hammocks MAR O I 94 2. Archaeological sites ��' 3. Xeric dwarf oak sites 4. Sand pine habitat 5. Coastal hammocks and barrier island strands 6. Dune vegetation 7. Bay forests 8. Coastal prairie not covered by WPC or CEC designations 9. Cypress domes not covered by WPC or CEC designations B. The RUE designation will receive a third level of protection �• (less than CEC. WPC, or ECB).pa Ns. g_-.r3) MAR 0 1 94 ATTACHMENT 3 CRITERIA FOR CONSIDERATION OF NATURAL RESOURCE PROTECTION AREAS 1. WATER PROTECTION AND CONSERVATION AREA (WCB, P1 .3.4) * For use and protection as a natural flood plain, watersheds, marsh, or estuary if the protection and conservation of such lands are necessary to enhance or protect water quality or quantity. * Hydrology promotes removal of nutrient and other pollutants. * Prevents rapid discharge to estuaries by maintaining or enhancing sheet flow. * Natural features promote recharge of aquifers. * Potential as a source of potable water. 2. HABITAT FOR ENDANGERED, OTHER LISTED SPECIES, AND BIODIVERSITY (CEC, Obj1.3) * Lands critical for the survival of endangered or threatened species. * Necessary to maintain the County's native animal diversity. 3. WILDLIFE CORRIDOR/MOVEMENT FOR SELECTED SPECIES (CEC, Obj1 .3) * Natural area connects large areas utilized by listed species, and, thus, facilitates their survival . * Corridor will maintain native animal species diversity. 4. RARE UNIQUE AND ENDANGERED HABITATS (RUE P.3.1c) * Supports rare, unique, or endangered vegetation communities (scrub, dune, hammock) . * Important habitat for listed wildlife and/or plant species. * Concentrations of listed plants are supported in the area. * Necessary to preserve existing diversity of plant communities in Collier County. 5. FISHERIES (CEC) * Supports functioning estuarine nursery areas. * Provides habitat for important sport, commercial , and listed species. 6. PRISTINE/NATURAL STATE (RUE) * Protects natural communities that are inadequately represented on existing protected lands. * Exotics plant communities if present are not extensive. * Protect the best remaining examples of Collier County natural communities with priority given to those communities which are most endangered or rarest. * Part of viable, functioning system. Na N_ R 0 1 94 7. DEGREE OF ENVIRONMENTAL RISK (P14. 1 .2, P1 .3. 1c) * Existing regulations will not adequately attain environmental objectives. * Significant degree of risk that key environmental objectives will be lost or severely impaired by future development patterns. 8. SUPPORTIVE OF STATE PRESERVATION EFFORTS (P1 .3.1G) * Part of a State funded acquisition program or on a list in need of funding. * Listing as a NRPA will attract funding. * Area is very attractive to State agencies for off site mitigation. 9. SYSTEM PROVIDES OTHER SOCIAL VALUES (ECB) * Area aids in protecting residential areas from fire. * Area provides important recreational or educational opportunities. * Area adds to the aesthetic setting of the county. * Large natural areas enhance air quality. * Land and vegetative characteristics provide storm protection for landward areas. 10. FINANCIAL AND PRIVATE PROPERTY IMPACTS' * Cost/benefit ratio is acceptable. * Private property rights are not unacceptably impaired. 11. DUPLICATION OF STATE AND FEDERAL EFFORTS (P14.1 .1, P14.1.2, P14.1.3) * There will be no unnecessary duplication of existing regional , state, or federal permitting programs. * It fulfills an important need not presently adequately met by existing regional , state, or federal regulation. () - Cross Reference to selected Growth Management Plan criteria contained in the Conservation and Coastal Management Element P= Policy Obj= Objective WCB= Water Protection and Conservation Area (Appendix M) ECBS= Estuaries and Coastal Barrier System (Appendix M) CEC= Critical Ecological Corridor (Appendix M) RUE= Rare, Unique or Endangered Area (Appendix M) 4AR 0 1 94 ATTACHMENT 4 NPPA DEVELOPMENT & APPROVAL PROCESS z 0 wo: r----1 . io s s J QV0SV Wf'1 2 —� Y q w W 7z.. QC I X 1.- 1 i ,t .0 S W Z 0,'W I' ` - I.-• IL, l N rTh Z ` WWV • W-. . 61 O `t 1..1 Z Z 1 W W a F— —1----...1ce n 1 W Z o z v 0 r 5 a I.1.1 a � ..... / CLLyiCY__J a W F-A W \ i U 0 H aW �$ LL ti s� `a I—Q ``o CZ a2 �� _J 3� I i 1 _Ia qvw >�¢ L N W W Q U >...N ( I O I qU0 A- of 27a. --- .i u ,-cnyo. Z cal-z • v)I'd O cx0 1 y WGU Ow r- I Qa r oNL-4_- 1 -- 11 - NI 1 CLJ ' 0 CO z r w CI VI G aWGa• I H4 M Y Q asWZl � 0O 0.. f I ? •L /\///1. r‘\ .. J \W ' ,' \ VI , i V. 4\ -- 1 . W `\LI / Z N A \ T MAR 0 1 94 ATTACHMENT 5 TYPES OF PROTECTION MECHANISMS Set Asides Density Transfers Purchase of Development Rights Purchase of Property Use Rights Land Use Density/Zoning Conservation Easements Regulatory Standards Mitigation Banking Land Development Standards Public Ownership AG€Nr No. r <3 MAR 0 1 94 Pg. Evalta .ion and Appraisal Report , ,AR) EPTAB (Growth Management Plan Subcommittee) Tentative Work Schedule 9-19-94 GROUP 1 (NRPAs AND HABITAT STANDARDS) CCME: 1. 3 , 6. 1, 6. 2, 6. 3 , 6.4, 6. 5, 6. 6, 6. 7 6.8 Summary Sheets prepared OCT SubCommittee Review j(j.November 30, 199+ ' Report to EPTAB A., 6-" SEC / /GI7 ' .7' v' Group 2 (GROUND/SURFACE WATER) CCME: 2.2, 2. 3, 2.4, 2.5, 3 . 1, 3 .2, 3 .3, 3.4 NAGWRA: 1. 1, 1.2, 1. 3, 1.4, 1. 5, 2 . 1 Summary Sheets prepared SubCommittee Review ,'S(, ,December 30, 1994 Report to EPTAB y)Group 3 (AIR QUALITY, MINERALS, HAZMATS) CCME: 5. 1, 5.2 , 5. 3, 5. 4, 8 . 1, 9. 1, 9.2 , 9. 3 , 9 . 4 , 9 . 5 Summary Sheets prepared Subcommittee Review January 30, 1995 Report to EPTAB Group 4 (LISTED SPECIES, COASTAL MGT) Rchr9EDLoo/CAc) CCME 7 . 1, 7 . 2 , 7. 3 , 11. 1, 11. 2 , 11. 3 , 11.4, 11. 5, 11. 6 Summary Sheets prepared SubCommittee Review February 28, 1995 Report to EPTAB Group 5 (SOLID WASTE) SW 1. 1, 1. 2 , 1. 3, 1. 4, 2 . 1, 2 . 2 Summary Sheets prepared SubCommittee Review March 31, 1995 Report to EPTAB Group 6 (DRAINAGE) D 1. 1, 1. 2, 1. 3 , 1. 4, 1. 5 Summary Sheets prepared SubCommittee Review April 30, 1995 Report to EPTAB 1 Group 7 (HURRICANE) 1 CCME: 13 . 1, 13 . 2 , 13 . 3, 13 . 4 Summary Sheets prepared SubCommittee Review May 31, 1995 Report to EPTAB 'o4/ Group 8 (WATER/SEWER) CCME: 4. 1, 4 .2 LPW: SEW: Summary Sheets prepared SubCommittee Review June 30, 1995 Report to EPTAB Group 9 (ADMINISTRATION/LOS0STANDARDS/ARCHEOLOGICAL) CCME: 1. 1, 1.2, 10. 1, 14 . 1, 12 . 1 Summary Sheets prepared SubCommittee Review July 30, 1995 Report to EPTAB r 1 Gpt: L�F9 tgaapd ail Wo-n-ar ii4arne/J - 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax (813) 774-36020,u °�� >� District 1 Michael J.Volpe District 2 Timothy J. Constantine District 3 October 10, 1994 Burt L. Saunders ENVIRONMENTAL SERVICES ROUTING District 4 DATE l 77 Bettye J. Matthews r A.�1 )N: District 5 Mr. Jim Kramer t Aquaphysicist Aquatix 992 Plymouth Rock FJL'r. - w---�-�-• Naples, Florida 33963 Dear Jim: Thank you very much for your letter of September 29 , 1994 in regards to water resources legislation and environmental issues. I have asked William D. Lorenz our Environmental Services Division Administrator to converse you regarding the Commission's policies and Agenda for the upcoming year regarding our water resources. I have asked that he try to discuss the issues with you prior to your October 12 , 1994 meeting. Again, thank you for your letter and if I may ev r be of assistance, please do not hesitate to contact me. Very tr y yours, Timothy J' Constantine, Chairman Commissioner, District 3 TJC: cb • //0_ 6A-14,4) , r P C. . , 61- IepAtlk,44, (,AX, AQUATI X ° . . IT'S A LIFE PRESERVER! 29 September 1994 Tim Constantine, Chair Collier County Commission POOL Government Center SCHOOL Provides training Naples FL 33562 to the industry in: First Aid and CPR Exposure to Chemical RE= Water Resources Legislation, Environmental Issues and Biologic Hazards Pool Operations Water and Recreation I have recently been appointed chair of the Water Resources Management Subcommittee, Environmental Issues Committee, Naples Area Chamber of Commerce. Our task is to track water resource legislation for the Naples area, monitoring the issues that are environmental in nature and impact our community, while POOL recognizing that there is a direct relationship between our OUTREACH quality of life and our sensitivity to the environment as PROGRAM Provides assessment representatives of area businesses, of public health occupational safety and emergency plans: Could you please take a few minutes and tell us your agenda Code Compliance Hazards Analysis regarding this matter as you move into the new fiscal year? Environmental Audits Our next meeting will be Octoberi2th and we would like to be able to review your proposals before informing the members about these water related issues and our opportunities for saving both water and money. for a quotation or estimate on resolving your needs, contact -thank you for your consideration. JIM KRAMER aquaphysicist i t `s a life (and water) preserver 0 — 992 Plymouth Rock Naples, FL 33963 phone/fax: (813)566-9932 NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB - GMP Committee File FROM: Kimberly J. Polen Environmental Specialist II DATE: October 6, 1994 SUBJECT: Notes from the October 4th GMP Committee Meeting PRESENT: Robert Duane Gary Wilson Jack Baxter Tom Ciranna (New EPTAB Member) Brad Cornell (Collier County Audubon Society) Kimberly Polen (Staff) Staff provided the EPTAB - GMP Committee the second GOP checklist format (Objective 6. 1 and Policies 6. 1. 1 thru 6. 1. 7) for their review and comments. ACION ITEM: To amend Policy 1. 3 . 1 (e) to include the Committee members following suggestions: 1) consideration of potential reduction in densities; 2) tailoring development standards to the needs of NRPAs in the form of ST overlays or other forms of similar zoning overlay treatments; and 3) clustering and mitigation banking concepts. ACTION ITEM: To revise the first and second GOP checklist formats (Objective 1. 3 and Objective 6. 1 and their associated policies) , so that the various comments and recomendations are listed with each applicable GOP instead of under general sections. NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB - GMP Committee File FROM: Kimberly J. Polen Environmental Specialist II DATE: September 23 , 1994 SUBJECT: Notes from the September 19th GMP Committee Meeting PRESENT: Robert Duane Gary Beardsley Virginia Corkran (League of Women Voters) Bill Lorenz and Kimberly Polen (Staff) Staff provided the EPTAB - GMP Committee a GMP/EAR Tentative Work Schedule and the first GOP checklist format (Objective 1. 3 and Policies 1. 3 . 1 thru 1. 3 .4) for their review and comments. ACION ITEM: As an addition to the regular public notice procedures, Staff will send out public notices to the various listings on the Community Outreach Mailing List. NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: William D. Lorenz, P.E. Administrator FROM: Kimberly J. Polen Environmental Specialist II DATE: August 4 , 1994 SUBJECT: Notes from the August 1st GMP Committee Meeting PRESENT: Jack Baxter Gary Beardsley Robert Duane Gary Wilson Kimberly Polen (Staff) Gary Beardsley recommended Robert Duane as Chairman of the GMP Committee. Robert Duane accepted the nomination and every member present agreed in appointing him. ACTION ITEM: Staff will provide the following publications to the Committee members: 1) GMP Elements with all CCME supporting documents included; 2) Regional Comp. Plan; and 3) State Comp. Plan. ACTION ITEM: Staff wil provide the following memorandums to the Committee members: 1) Status of GOPs for the CCME of the GMP dated 7/14/94 and 2) Revised Schedule for Natural Resources GMP implementation dated 1/31/94 . ACTION ITEM: Staff will provide a checklist format of the various facts regarding the origins, implementation dates, statuses (Staff's Actions, BCC's Actions and Completion Dates) , and the County' s Recovery Dates of the GOPs involving the CCME. ACTION ITEM: Staff will request that the Growth Management Section employee(s) , which created the GMP 1992/1993 Monitoring & Evaluation Report and is currently working on this year's report, attend the next GMP Committee Meeting on August 29th to explain how the reports are developed. ACTION ITEM: Staff will provide a Community Outreach Mailing List, which the Committee may elect to send out public notices to the varoius listings. cc: EPTAB - GMP Committee File , . A RULES A RULES OF THE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT MINIMUM CRITERIA FOR REVIEW OF LOCAL GOVERNMENT COMPREHEN- SIVE PLANS AND DETERMINATIONS OF COMPLIANCE (Current through September 1, 1994) CHAPTER 91-5 93-5.001 Purpose strategic regional policy plan and the State Comprehensive 93-5.002 Administration Plan,and recognizes the major role that local government will 9J-5.003 Definitions play, in accordance with that mandate, in accomplishing the 9J-5.004 Public Participation goals and policies of the appropriate comprehensive regional 93-5.005 General Requirements policy plan and the State Comprehensive Plan. 93-5.0053 Evaluation and Appraisal Reports and (2) Rule 93-5.002 contains general guidelines for the ex- Evaluation and Appraisal Amendments ercise of the Department's authority under law to review com- 93-5.0055 Concurrency Management System 28 prehensive plans and plan amendments for compliance. 93-5.0057 Transportation Concurrency Management (3) Rule 93-5.003 contains definitions of important terms Areas(Repealed) used in this chapter. 9J-5.006 Future Land Use Element (4) Rule 9J-5.004 generally prescribes the contents of the 9J-5.007 Traffic Circulation Element' public participation procedures to be adopted and enforced by 93-5.008 Mass Transit Element each local government. 93-5.009 Ports, Aviation, and Related Facilities (5) Rule 93-5.005 contains general format requirements Element and other requirements applicable to the data,analyses,goals, 93-5.010 Housing Element objectives and policies in the elements of the plan, and the 93-5.011 Sanitary Sewer, Solid Waste,Drainage, procedural aspects of plan and plan amendment adoption. Potable Water and Natural Groundwater (6) Rule 93-5.0053 establishes the procedures for the Aquifer Recharge Element transmittal,submission and review of local government com- 93-5.012 Coastal Management Element prehensive plan evaluation and appraisal reports and evalua- 9J-5.013 Conservation Element tion and appraisal report based plan amendments. 93-5.014 Recreation and Open Space . (7) Rule 93-5.0055 establishes the minimum criteria to 9J-5.015 Intergovernmental Coordination Element ensure the availability of public facilities and services concur- 93-5.016 Capital Improvements Element rent with the impacts of development. 93-5.018 Optional Elements (8) Rules 93-5.006 through 93-5.019 establish minimum 93-5.019 Transportation Element criteria for comprehensive plan elements. The basic format 9J-5.021 Consistency of Local Government Compre- of the criteria for each element requires the identification of hensive Plans With [Strategipj Regional ' available data,analyses of such data,and preparation of goals, Policy Plans and With the State Comprehen- objectives and policies supported by that data and analysis to sive Plan _ accomplish desired ends. The goals, objectives and policies of each element must be consistent with the future conditions maps, and the future conditions maps must reflect the goals, 9J-5.001 Purpose. objectives and policies of each element. (1) This chapter establishes minimum criteria for the (9) Rule 93-5.021 establishes the requirement for corn- preparation,review,and determination of compliance of com- prehensive plan consistency with the state comprehensive plan prehensive plans and plan amendments pursuant to the Local and the appropriate strategic regional policy plan. It is the Government Comprehensive Planning and Land Development intent of this chapter to ensure local government comprehen- Regulation Act, Chapter 163, Florida Statutes. This chapter sive plan consistency with the state comprehensive plan and establishes criteria implementing the legislative mandate that the appropriate strategic regional policy plan through the ap- local comprehensive plans be consistent with the appropriate plication and satisfaction of the minimum criteria in the re- RULE 9J-5 mainder of this chapter. as well as the specific provisions of (g) Whether the local government is complying with the Rule 9J-5.021. F.A.C. evaluation and appraisal requirements in Subsection (10)As minimum critena, these criteria are not intended 163.3191(2),Florida Statutes,at the same time that it is revis- to prohibit a local government from proposing, considering. ing its plan pursuant to Subsection 163.3167(2),Florida Stat- adopting.enforcing,or in any other way administering a corn- utes. prehensive plan which is more specific, detailed, or strict, or (h) Whether the provision at issue constitutes substan- which covers additional subject areas,whether within required tial progress over existing provisions regarding consistency or optional elements, as long as the comprehensive plan is in with and furtherance of Chapter 163, Part II, the State Corn- compliance with Chapter 9J-5, F.A.C., Chapter 163, Florida prehensive Plan, the strategic regional policy plan, and this Statutes, and any other applicable statutes, laws or rules. Chapter, where the existing provisions are in a plan or plan (11)When a federal, state,or regional agency has imple- amendment previously found in compliance. mented a permitting program, the state land planning agency (3) Coastal Resource Plan Consistency. In administer- shall not require a local government to duplicate or exceed ing these rules the Department shall also establish procedures that permitting program in its comprehensive plan or to imple- for determining consistency of coastal management elements merit such a permitting program in its land development regu- with coastal resource plans prepared and adopted pursuant to lations. Nothing in this paragraph shall prohibit the state general or special law land planning agency, in conducting its review of local plans (4) Technical Assistance; Additional Aid for Rural Ar- or plan amendments, from making either objections, recom- eas. mendations,and comments or compliance determinations re- (a) The Department and all other opriate state and garding densities and intensities consistent with the Act. regional agencies shall render technical assistance and m SPECIFICAUTHORITK 163.3177(9),(10),FS mit any available resources to aiding local governments in L4WI,titPLE.41ENTED: 163.3161,!63.3167,163.3177,163.3178 163.3180, the provisions of these rules. To this • their compliance 163.3181. 163.3184,163.3187, 163.3191,163.3194,F.S. wall HISTORY—New 3-6-86,Amended 10-20-86, 11.22-89,4-2 92,3-23-94,S- end,the Department shall issue publications,hold , 18-94. conferences,and seminars, and offer individualized technical assistance to each local government to aid its efforts to satisfy 9J-5.002 Administration- its obligations and desires at the transmittal and (I) Compliance Determination. The Department shall for plans and plan amendments. Ass determine a comprehensive plan or plan amendment to be in available to other interested persons. The Department shall also n made compliance if the comprehensive plan or plan amendment is exercise maximum flexibility andsting consistent with Sections 163.3177, 163.3178, and 163.3191, this assistance, while still cooperation rendering responsi- Florida Statutes,the appropriate comprehensiveregional g out its statutory plan, the State Comprehensive Plan and this chapter. policy bilines. (b) The Department recognizes the need for wise eco- (2) Application of Chapter 9J-5. Due to the varying corn- nomic development in rural jurisdictions. Accordingly the plexities,sizes,growth rates and other factors associated with Department shall endeavor to render a high Waal- local governments in Florida, the Department degree of techni- shall consider cal assistance to local governments with limited resources, the following factors as it provides assistance to local govern- including rural counties and municipalities meats and applies this chapter in specific situations with re- ing to implement one or more of the growth which are - strat- gard to the detail of the data,analyses,and the content of the egies for rural areas in this c �` goals, objectives, policies, and other graphic or textual scan- r .inducting assistance with dards reqs: espect to cost and availability of infrastructure,economic de- (a) The local government's existingand projectedvelopment strategies, evaluation of effects on tax base, and (anon and rate of popu- efficient and effective handling of development applications, population growth. (5) Federal Coordination with Comprehensive (b) The geography and size of the local government's De Flans-The jurisdiction, and the extent or existence of undevelopedpartment shall assist tut coordinating with federal agencies (c) one nienex of natural land. to encourage federal programs and regulatory activities to be resource features such as consistent with local government comprehensive plans found groundwater recharge areas, waterwells, wetlands, wildlife to be in compliance with these rules. This assistance shall habitat, coastal areas, areas subject to coastal flooding, and focus on areas where there are living marine resources. major federal land holdings (d) The scale of public services the local governeni rp- such as military bases and national parks. Agree- vides or is projected to provide as it relates to the level of merits. The Department shall(6) Settlement of Conflicts Tatteeompt to resolve conflicts capital improvements planning required, through informal dispute resolution (e) The planning and implementation resources of the istration of this chapter. processrn admiA local government, and associated local and regional institu- tions. (a) Any memorandums,correspondence,notices of meet- ing and minutes of meetings related to the settlement negotia- (f) The extent of county charter provisions, special or tions shall be maintained by the local government and the local acts, or intergovernmental agreements which affect the Department in a file available to the public, excluding docu- local government's planning activities. merits exempt from production under Chapter 119,F.S. 2 RULE 91-5 (b) The Department may choose to enter into partial com- sided to clarify terms used in this chapter and not to establish pliance agreements which cover fewer than all of the issues or limit regulatory authority of other agencies raised in the statement of intent for plans or plan amendments, however, local governments may choose altrnatior vee ddefini- To participate in this method, a local government must stipu- tions which the Department shall review to determine whether late that the settled parts of the plan are not in compliance, such definitions accomplish the intent of both this chapter agree to the remedial actions set forth in the agreement, and and of Chapter 163, Florida Statutes, The use of definitions adopt a remedial plan amendment delaying the effective date in this rule which were adopted by rule amendment shall not of the amendment if requested by the Department, or must have the effect of rendering not in compliance a plan or plan otherwise provide assurance that the procedural and subs- amendment adopted prior to the effective date of the rule five rights of all parties are preserved. The Department shall amendment, nor of changing also stipulate that it will recommend that no sanctions be im- plan or plan amendment adopted prior to the effective date of posed by the Administration Commission for the stipulated the rule amendment provisions if the remedial amendments are adopted in a timely (1) "Adjusted for family size"means adjusted in a man- fashion.(c) No or nes which results in an income eligibility level which is lower is compliance agreement,the portion of a compli- for households with fewer than four people,or higher for house- ante agreement, g Department, a local gov- holds with more than fourpeople, ernment, or any other party until reduced o writing and ex- bility , be than upon ae borm la as eiigi- ecuted by the proper representative of each Nothing otherwise�� based a formula as estab- party. in lished by the United States Department of Housing and Urban this paragraph shall be deemed to prevent any party from Development making any stipulations of law or fact by counsel or other (2) "Adjusted gross income" means all wages, regular authorized representative in any administrative proceeding cash or noncash contributions from persons outside the house- (d) Nothing in this subsection shall be deemed to pro- hold, and such other resources and benefits as • hibit the use of other informal settlement methods,or the use mined to be income by the United Statesmay b of dous- of informal settlement methods as part of the compliance agree- ing and Urban Development, adjusted Department size,Hous. meat process. Local governments and other parties are en- deductions allowable under s.62 of the Internal less couraged to investigate other techniques " Revenue Code. disputes under this chapter. Specifically,for the settlement of (3) Affordable housing" means housing for which dscuthe conflict rchap er. opportunities,the Department en- monthly rents or monthly mortgage payments,including taxes, made available by insurance,and utilities,do not exceed 30 percent of that amount the regional planning councils and other state agencies or in- which represents the percentage of the median adjusted gross stitutions, including the Florida Growth Management Con- annual income for the households or flirt Resolution Consortium. Nothing in this subsection shall 420.0004,F.S. (1941). persons s. be construed to require that any party settle any proceeding (4) "Agricultural uses"means activities within land ar- The resolution of any issue through any informal conflict reso- eas which are predominantly used for the cultivation of crops lution method shall not alter any person's or governing body's and livestock including cropland; vine- right pastureianct to an administrative or judicial determination of any is- yards; nurseries; ornamental con- sue if that horticulture areas;or governing body is entitled to such a de- fined feeding operations;specialty farms~and silviculture ar- termination under law cera. (7) Plan Amendment Submittal Requirements . Sub- (5) "Airport clear zone"means a designated area of land mitral requirements for plan amendments are as set forth in which is subject to peak aircraft noise and on which there is Chapter 163,Pan II,F.S.,and Chapter 91-11,Florida Admin- the highest potential of danger from airport istrative Code. (6) .. (8) Effect of Rik Amendments. No amendment to this improved,Airport facility" means any area of land or water chapter shall have the effect of causing plans or plan amend- for the landing ar�eogo(or operated�� agency ved ments which were adopted prior to the effective date of the runwaysprivately ownedpuenant of 4,000 or more feet in length,and any appurtenant amendment to become not in compliance. Minimum criteria area which is used for airport buildings, or other airport fa- contained in any amendment to this chapter shall be addressed citifies or rights-of-way. in the first subsequent transmitted plan amendment which is (7) "Airport obstruction"means any directly related to or requires the application of those criteria structure, hbi of SPEClFlCAUTHORITY• 163.31 77(9).(10).FS natural �°�' existing condition, or use of land which Ob- LAWSFE II CALIT H J 163.3.31 (9).3177,163.31 78,163.3184, structs the airspace required for the flight of aircraft in land- 163.3187, 163.3194 FS ing or taking off at an airport or which otherwise increases HISTORY—New 3-6-86,Amended/0.20- S-18-94. the risk of danger t0 aircraft operations. (8) "Amendment" means any action of a local govern- ment which has the effect of amending, adding to, deleting 9J-S.003 Definitions. from or changing an adopted comprehensive plan element or As used in this chapter, the terms defined in Section map or map series,including an action affecting a prior plan 163.3164,Florida Statutes,shall have the meanings provided or Plan amendment adoption ordinance,but shall not mean a in that section. In addition the following definitions are pro- legislative act which only codifies local legislation or makes 3 RULE 9J-5 corrections. updates and modifications of the capital improve- of Florida. ments element concerning costs. revenue sources, acceptance (19)"Coastal high hazard areas" (also "high-hazard of facilities or facility construction dates consistent with the coastal areas") means the evacuation zone for a category 1 plan as prodded in Subsection 163.3177(3)(b), F S., and cor- hurricane as established in the regional hurricane evacuation rections. updates, or modifications of current costs in other study applicable to the local government. elements. as provided in Subsection 163.3187(2), E.S. (20)"Coastal planning area" means that when preparing Throughout this chapter, references to a plan or comprehen- and implementing all requirements of the coastal manage- sive plan shall also be deemed to refer to a plan amendment. ment element except those requirements relating to hurricane (9) "Areas subject to coastal flooding" means the areas evacuation, hazard mitigation, water quality, water quantity, delineated by the regional or local Hurricane Evacuation Plan estuarine pollution, or estuarine environmental quality, the as requiring evacuation . coastal planning area shall be an area of the local government's (10)"Arterial road" means a roadway providing service choosing; however, this area must encompass all of the fol- which is relatively continuous and of relatively high traffic lowing where they occur within the local 's jn- volume, long trip length, and high operating speed. In addi- diction: water and submerged lands of oceanic water bodies tion,every United States numbered highway is an arterial road. or estuarine water bodies; shorelines adjacent to oceanic wa- (11)"Beach" means the zone of unconsolidated material ters or estuaries; coastal barriers; living marine resources; that extends landward from the mean low water line to the marine wetlands; water-dependent facilities or water-related place where there is marked change in material or physi- facilities on oceanic or estuarine waters;or public access fa- ographic form,or to the line of permanent vegetation,usually cilities to oceanic beaches or estuarine shorelines;and all lands the effective limit of storm waves. "Beach," as used in the adjacent to such occurrences where development activities coastal management element requirements, is limited to oce- would impact the integrity or quality of the above. When anic and estuarine shorelines. preparing and implementing the hurricane evacuation or haz- (12)"Bicycle and pedestrian ways"means any road,path and mitigation requirements of the coastal management ele- or way which is open to bicycle travel and traffic afoot and ment,the coastal planning area shall be those portions of the from which motor vehicles are excluded local government's jurisdiction which lie in the hurricane vul- (13) "Capital budget" means the portion of each local nerability zone. When preparing and implementing the re- government's budget which reflects capital improvements quirements of the coastal management element concerning scheduled for a fiscal year. water quality,water quantity,estuarine pollution,or estuarine (14)"Capital improvement" means physical assets con- environmental quality, the coastal planning area shall be all structed or purchased to provide, improve or replace a public occurrences within the local government's jurisdiction of oce- facility and which are large scale and high in cost.The cost of anic waters or estuarine waters. a capital improvement is generally nonrecurring and may re- (21)"Coastal or shoreprotection shore- quire multi-year financing.For the purposes of this rule,physi- hardening structures,such as seawalls,bulkheads,revetments, cal assets which have been identified as existing or projected rubblemound structures,groins,breakwaters,and aggregates needs in the individual comprehensive plan elements shall be of materials other than natural beach sand used for beach or considered capital improvements. shore protection and other structures which are intended to (15)"Central Business District" means a compact urban prevent erosion or protect other structures from wave and by- core area of a municipality or unincorporated urbanized area drodynamic forces including beach and dune restoration. which serves as the primary center for economic activity in (22)"Collector road"means a roadway providing service the jurisdiction. which is of relatively moderate traffic volume, moderate trip (16)"Clustering" means the grouping together of strut- length,and moderate operating speed. Collector roads collect tures and infrastructure on a portion of a development site. and distribute traffic between local roads or arterial roads. (17)"Coastal area"means the 35 coastal counties and all - (23)"Commercial uses" means activities within land ar- coaastal municipalities within their boundaries designated by eas which are predominantly connected with the sale, rental the state land planning agency. These local governments are and distribution of products, or performance of services, listed in the document entitled"Local Governments Required (24)"Community park"means a park located near major to Include Coastal Management Elements in Their Compre- roadways, and designed to serve the needs of more than one hensive Plans," dated July 1, 1986, and available from the neighborhood. Department upon request. The local governments listed in (25)"Compatibility"means a condition in which land uses the document and any other communities that incorporate or conditions can coexist in relative proximity to each other subsequent to July I, 1986, and meet the criteria in Chapter in a stable fashion over time such that no use or condition is 380.24, F.S., shall also be included in the coastal area. unduly negatively impacted directly or indirectly by another (18)"Coastal barriers" means barrier islands, spits,pen- use or condition. insulas, or similar landforms, including the Florida Keys, (26)"Composition" means the make up of various land which front on the Atlantic Ocean, Gulf of Mexico,or Straits uses by types, extent, intensity, density, or otherwise, which of Florida and which separate estuaries or harbors from the are included in a development or land use category. open waters of the Atlantic Ocean, Gulf of Mexico,or Straits (27)"Concurrency" means that the necessary public fa- 4 RULE 9J-5 cilities and services to maintain the adopted level of service tion structures, and retention structures. standards are available when the impacts of development oc- (41)"Drainage retention structure" means a structure de- cur. signed to collect and prevent the release of a given volume of (28)"Concurrency Management System" means the pro- stormwater by complete on-site storage. cedures andlor process that the local government will utilize (42)"Dune" means a mound or edge of loose sediments, to assure that development orders and permits are not issued usually sand-sized sediments, lying landward of the beach and unless the necessary facilities and services are available con- extending inland to the landward toe of the dune which inter- current with the impacts of development. cepts the 100-year storm surge. (29)"Cone of influence" means an area around one or (43)"Educational uses" means activities and facilities of more major waterwells the boundary of which is determined public or private primary or secondary schools,vocational and by the government agency having specific statutory authority technical schools, and colleges and universities licensed by to make such a determination based on groundwater travel or the Florida Department of Education, including the areas of drawdown depth. buildings, campus open space, dormitories, (30)"Conservation uses" means activities or conditions cilities or parking. recreational fa- within land areas designated for the purpose of conserving or (44)"Environmentally sensitive lands" means areas of protecting natural resources or environmental quality,includ- land or water which are determined necessary by the local ing areas designated for such purposes as flood control, pro- government,based on locally determined criteria,to conserve tection of quality or quantity of groundwater or surface water, or protect natural habitats and ecological systems. Nothing floodplain management,commercially or recreationally valu- in this definition shall be construed to prohibit silvicultural able fish and shellfish,or protection of vegetative communi- operations which employ the Florida des or wildlife habitats. Department of Agricul- ture and Consumer Affairs Best Management Practices as re- (3 I)"Currently available revenue sources" means an ex- vised in 1993. isting source and amount of revenue presently available to the (45)"Estuary"means a semi-enclosed, naturally existing local government. It does not include a local government's coastal body of water in which saltwater is naturally diluted present intent to increase the future level or amount of a rev- by fresh water and which has a connection with oceanic ova- enue source which is contingent on ratification by public ref- ters, including bays,embayments, lagoons,sounds and tidal erendum. streams. (32)"Deepwater ports" means the ports identified in s. (46)"Evacuation routes" means routes designated by 403.021(9), F.S., including Jacksonville,Tampa, Port Ever- county civil defense authorities or the regional evacuation plan, glades, Miami, Port Canaveral, Ft. Pierce,Palm Beach, Port for the movement of persons to safety, in the event of a hurri- Manatee, Port St. Joe, Panama City, St. Petersburg, and cane. Pensacola. (47)"Evaluation and appraisal report"means an evalua- (33)"Density" means an objective measurement of the tion and appraisal report as adopted by the local governing number of people or residential units allowed per unit of land, body in accordance with the requirements of Section 163.3191, such as residents or employees per acre. F.S. (34)"Department"or"agency'means the Florida Depart- (48)"Extent"means the amount of development,includ- ment of Community Affairs. ing the area or size in acres. (35)"Development" has the meaning described in s. (49)"Facility availability" means whether or not a facil- 380.04, F.S. ity is available in a manner to satisfy the concurrency man- (36)"Development controls"means standards in the corn- agement system. prehensive plan which control the development or use of land (50)"Flood plains"means areas inundated during a 100- and which are in addition to the densities, intensities, and year flood event or identified by the National Flood Insurance uses assigned to land by the future conditions maps. Program as an A Zone or V Zone on Flood Insurance Rate (37)"Distribution" means the spatial array of land uses Maps or Flood Hazard Boundary Maps. throughout an area. (51)"Floodprone areas"means areas inundated during a (38)"Drainage basin" or"stormwater basin" means the 100-year flood event or areas identified by the National Flood area defined by topographic boundaries which contributes Insurance Program as an A Zone on Flood Insurance Rate stormwater to a watershed,drainage system,estuarine waters, Maps or Flood Hazard Boundary Maps. or oceanic waters, including all areas artificially added to the (52)"Foster care facility" means a facility which houses basin. foster residents and provides a family living environment for (39)"Drainage detention structure" means a structure the residents, including such supervision and care as may be which collects and temporarily stores stormwater for the pur- necessary to meet the physical,emotional and social needs of pose of treatment through physical, chemical, or biological the residents and serving either children or adult foster resi- processes with subsequent gradual release of the stormwater. dents. (40)"Drainage facilities" means a system of man-made (53)"Functional relationship" means a complementary structures designed to collect,convey,hold,divert or discharge and interactive relationship among land uses or development, stormwater, and includes stormwater sewers, canals, deten- including at a minimum a substantial and positive exchange 5 RULE 9J-5 of human interaction. goods, resources, institutions, services. services. jobs or workers between land uses or developments. (64)"Interagency hazard mitigation report"means the rec- (54)"Goal" means the long-term end toward which pro- ommendations of a team of federal, state, regional, or local grams or activities are ultimately directed. officials which address measures to reduce the potential for (55)"Group home"means a facility which provides a liv- future flood losses and which is prepared in response to a Presi- ing environment for unrelated residents who operate as the dential Disaster Declaration. functional equivalent of a family, including such supervision (65)"Level of service" means an indicator of the extent and care as may be necessary to meet the physical, emotional or degree of service provided by, or proposed to be provided and social needs of the residents. Adult congregate Living by a facility based on and related to the operational character- Facilities comparable in size to group homes are included in 'sties of the facility. Level of service shall indicate the capac- this definition.It shall not include rooming or boarding homes, ity per unit of demand for each public facility. clubs,fraternities,sororities, monasteries or convents,hotels, (66)"Limited access facility"means a roadway especially residential treatment facilities, nursing homes,or emergency designed for through traffic,and over,from,or to which own- shelters. ers or occupants of abutting land or other persons have no (56)"Hazardous waste"means solid waste,or a combina- greater than a limited right or easement of access. tion of solid wastes,which,because of its quantity,concentra- (67)"Living marine resources" means oceanic or estua- tion, or physical,chemical,or infectious characteristics,may rine plants or animals,such as mangroves,seagrasses,algae, . cause, or significantly contribute to, an increase in mortality coral reefs, and living marine habitat; fish, shellfish, crusta- or an increase in serious irreversible or incapacitating revers- cea and fisheries;and sea turtles and marine mammals. ible illness or may pose a substantial present or potential haz- (68)"Local peacetime emergency plan" means the plans and to human health or the environment when improperly prepared by the county civil defense or county emergency man- transported,disposed of,stored,treated or otherwise managed. agement agency addressing weather-related natural hazards • (57)"High recharge area"or"prime recharge"area means and man-made disasters except nuclear power plant accidents an area so designated by the appropriate water management and war. The plan covers hazard mitigation,emergency pre- district governing board. High recharge and prime recharge paredness, emergency response, emergency recovery and in areas shall receive a level of protection commensurate with coastal counties, hurricane evacuation. their significance to natural systems or their status as current (69)"Local road" means a roadway providing service or future sources of potable water. which is of relatively low traffic volume, short average trip (58)"Historic resources"means all areas,districts or sites length or minimal through traffic movements, and high vol- containing properties listed on the Florida Master Site File, ume land access for abutting property. the National Register of Historic Places, or designated by a (70)"Low income household"has the meaning provided local government as historically, architecturally, or in s.420.0004,F.S. (1991). archaeologically significant. (71)"Major trip generators or attractors"means concen- (59)"Hurricane shelter" means a structure designated by traced areas of intense land use or activity that produces or local officials as a place of safe refuge during a storm or hur- attracts a significant number of local trip ends. ricane. (72)"Manufactured home"means a residential manufac- (60)"Hurricane vulnerability zone" (also "areas subject tured home meeting the definition in s. 320.01, F.S. (1992 to coastal flooding") means the areas delineated by the re- Supp.). gional or local hurricane evacuation plan as requiring evacu- (73)"Marine habitat" means areas where living marine ation. The hurricane vulnerability zone shall include areas resources naturally occur, such as mangroves,seagrass beds, requiring evacuation in the event of a 100-year storm or Cat- algal beds, salt marshes, transitional wetlands, marine wet- egory 3 storm event. lands, rocky shore communities, hard bottom communities, (61)"Industrial uses"means the activities within land ar- oyster bars or flats, mud flats, coral reefs,worm reefs,artifi- eas predominantly connected with manufacturing,assem- cial reefs, offshore springs, nearshore mineral deposits, and bly, processing,or storage of products, offshore sand deposits. (62)"Infrastructure" means those man-made structures (74)"Marine wetlands"means areas with a water regime which serve the common needs of the population, such as: determined primarily by tides and the dominant vegetation is sewage disposal systems;potable water systems; potable wa- salt tolerant plant species including those species listed in ter wells serving a system;solid waste disposal sites or reten- Subsection 17-4.002(17), F.A.C., "Submerged Marine Spe- tion areas;stormwater systems;utilities;piers;docks;wharves; cies." breakwaters;bulkheads;seawalls;bulwarks;revetments;cause- (75)"Mass transit"means passenger services provided by ways; marinas; navigation channels;bridges;and roadways. public,private or non-profit entities such as the following sur- (63)"Intensity" means an objective measurement of the face transit modes:commuter rail, rail rapid transit,light rail extent to which land may be developed or used, including the transit, light guideway transit, express bus, and local fixed consumption or use of the space above, on or below ground; route bus. the measurement of the use of or demand on natural resources; (76)"Minerals"means all solid minerals,including clay, and the measurement of the use of or demand on facilities and gravel,phosphate rock,lime,shells(excluding live shellfish), 6 RULE 9J-5 stone. sand. heavy minerals, and any rare earths, which are rideshanng, car or van pools, demand responsive buses, and contained in the soils or waters of the state. other public transit services, which are characterized by their (77)"Mobile home" means a structure meeting the defi- nonscheduled, non-fixed route nature. ninon in s. 320 01, F.S. (1992 Supp.). (90)"Park" means a neighborhood., community, or re- (78)"Moderate income household"has the meaning pro- gional park. vided in s. 420.0004, F.S. (1991). (91)"Partial evaluation and appraisal report" means an (79)"Natural drainage features" means the naturally oc- evaluation and appraisal report which focuses on is- cumng features of an area which accommodate the flow of sues or elements that may only be submitted by a municipality significant amounts of stormwater, such as streams, rivers, with fewer than 5,000 residents or a county with fewer than lakes. sloughs, floodplain and wetlands. 50,000 residents pursuant to a written agreement with the (80)"Natural drainage flow" means the pattern of stir- Department and in accordance with the requirements of Sec- face and storm water drainage through or from a particular tion 163.3191(12),F.S. site before the construction or installation of improvements or (92)"Pattern"means the form of the physical dispersal of prior to regrading. development or land use. (81)"Natural groundwater aquifer recharge areas" or (93)"Playground"means a recreation area with play ap- "natural groundwater recharge areas" or "groundwater re- paratus, charge areas" means areas contributing to or providing vol. (94)"Point source pollution" means any source of water tunes of water which make a contribution to the storage or pollution that constitutes a discernible,confined,and discrete regional flow of an aquifer. conveyance,including but not limited to any pipe,ditch,chan- (82)"Natural reservations" means areas designated for nel, tunnel, conduit, well, discrete fissure, container, rolling conservation purposes,and operated by contractual agreement stock,concentrated animal feeding operation,or vessel or other with or managed by a federal,state, regional or local govern- floating craft,from which pollutants are or may be discharged. ment or non-profit agency such as:national parks,state parks, This term does not include return flows from irrigated agri lands purchased under the Save Our C - oast,Conservation and culture. Recreation Lands or Save Our Rivers programs, sanctuaries, (95)"Policy" means the way in which programs and ac- preserves, monuments, archaeological sites, historic sites, tivities are conducted to achieve an identified goal, wildlife management areas,national seashores,and Outstand- (96)"Pollution"is the presence in the outdoor atmosphere, ing Florida Waters. This definition does not include privately ground or water of any substances, contaminants, noise, or owned land managed by a state agency on either a voluntary man-made or man-induced alteration of the chemical,physi- or a short-term contractual basis. cal,biological,or radiological integrity of air or water,in quan- (83)"Neighborhood park"means a park which serves the titles or at levels which are or may be potentially hrmful or population of a neighborhood and is generally accessible by injurious to human health or welfare,animal or plant life,or bicycle or pedestrian ways. property,or unreasonably interfere with the enjoyment of life (84)"New town" means a new urban activity center and or property. community designated on the future land use map and located (97)"Port facility" means harbor or shipping improve- within a rural area or at the rural-urban fringe, clearly func- ments used predominantly for commercial purposes includ- tionally distinct or geographically separated from existing ing channels, turning basins,jetties, Maters, landings, urban areas and other new towns. A new town shall be of wharves, docks, markets, structures,buildings,piers, storage sufficient size, population and land use composition to sup- facilities,plazas,anchorages,utilities,bridges,tunnels,roads, port a variety of economic and social activities consistent with causeways, and all other property or facilities necessary or an urban area designation. New towns shall include basic useful in connection economic activities., all major land use categories, with the (98)"Potable water facilities" means a system of struc- possible exception of agricultural and industrial; and a cen- tures designed to collect,treat,or distribute potable water,and trally provided full range of public facilities and services. A includes water wells,treatment plants, reservoirs,and distri- new town shall be based on a master development plan,and bution mains. shall be bordered by land use designations which provide a (99)"Potable water wellfield" means the site of one or clear distinction between the new town and surrounding land more water wells which supply potable water for human con- uses. sumption to a water system which serves at least 15 service (85)"Nonpoint source pollution" means any source of connections used by year-round residents or regularly serves water pollution that is not a point source. at least 25 year-round residents. (86)"Objective" means a specific, measurable, interme- (100) "Private recreation sites"means sites owned by pri- diate end that is achievable and marks progress toward a goal. vate,commercial or non-profit entities available to the public (87)"Oceanic waters"means waters of the Atlantic Ocean, for purposes of recreational use. Gulf of Mexico, or Straits of Florida,excluding estuaries. (101) "Proposed evaluation and appraisal report"means (88)"Open spaces"means undeveloped lands suitable for a draft evaluation and appraisal report prepared by the local passive recreation or conservation uses. planning agency that is transmitted to the local governing body (89)"Paratransit" means transit services, including for review and adoption. 7 RULE 9J-5 (102) "Public access" means the ability of the public to signment of roads into categories according to the character ph}malls reach,enter or use recreation sites including beaches of service they provide in relation to the total road network. and shores. Basic functional categories include limited access facilities, (103) "Public recreation sites" means sites owned or arterial roads, and collector roads, which may be leased on a long-term basis by a federal, state, regional or subcategorized into principal, major or minor levels. Those local government agency for purposes of recreational use. levels may be further grouped into urban and rural categories. (104) "Public buildings and grounds" means structures (117) "Rural areas" means low density areas character- or lands that are owned, leased, or operated by a government ized by social,economic and institutional activities which may entity. such as civic and community centers, hospitals, librar- be largely based on agricultural uses or the extraction of natu- ies, police stations, fire stations,and government administra- rat resources in unprocessed form, or areas containing large tion buildings. proportions of undeveloped, prop- (105) "Public facilities"means transportation systems or erty. unimproved,or low density facilities, sewer systems or facilities, solid waste systems or (118) "Rural village"or"rural activity center" means a facilities,drainage systems or facilities,potable water systems small,compact node of development within a rural area con- or facilities,educational systems or facilities,parks and recre- taming development,uses and activities which are supportive ation systems or facilities and public health systems or facili- of and have a functional relationship with the social,economic ties. and institutional needs of the (106) "Public facilities and services"which must be made surrounding a sural areas. (119) "Sanitary sewer facilities" available concurrent with the impactstis"m�structures or sys- of development means tems designed for the collection, transmission, treatment, or those covered by comprehensive plan elements required by disposal of sewage and includes trunk mains Section 163.3177,Florida Statutes,and for which level of ser- treatmentplants and dig interceptors, vice standards must be adopted under Chapter 9J-5, Florida systems.(120) "Sanitary sewer interceptor"means asewerage con- Administrative Code. The public facilities and services are: duit which connects directly to, and transmits sewage to, a roads, Rule 9J-5.007(3)(c)1.; sanitary sewer, Rule 9J- treatment plant. 5.011(2)(c)2.a.; solid waste, Rule 91-5.011(2)(c)2.b.; (121) "Sanitary sewer trunk main"meansa storntw�ater, Rule 9J-5.011(2Xc)2.c.; potable water, Rule 9J- duit which connects directly to,and transmits sewage to, asewage a- 5.011(2)(c)2.d.; parks and recreation, Rule 9J-5.014(3Xc)4•; interceptor. n and mass transit,Rule 9J-5.008(3Xc)1., if applicable. (122) "Seasonal on" (107) "Purchase of development rights" means the ac- who utilize, means i chilhabies or gtrisition ofa governmentallyor�Y be expected to utilizt,public facilities or recognized right to develop land services, but are not residents. Seasonal population shall in- which is severed from the realty and held or further conveyed dude tourists,migrant farmworkers,and other short-term and by the purchaser. long-term visitors. (108) "Recreation"means the pursuit of leisure time ac- (123) "Services"means the programsde- tivities occurring in an indoor or outdoor setting. terminedlocalt and ads necessaryby government adequate (109) "Recreation facility" nmene to provide means a component of a rec- operation and maintenance ofpublic facilities and infrast uc- reation site used by the public such as a trail, court, athletic ture as well as those educational,health care,social and other field or swimming pool. (110) "Recreational uses" means activities within areas and infrastru�set out in the to support t lohe calfacilities,grams,public lo- where recreation occurs. planrequired by(I11) "Regionalpark" cal, state,or federal law. Sri means a park which is designed (124) "Shoreline"or"shore"means the interface of land to serve two or more communities. (112)ve or more c and water and, as used in the coastal managementelement housing"means those dwellings which requirements, is limited to oceanic and estuarine interfaces, are made available to families displaced by public programs, (125) "Solid waste"means provided that such dwellings are decent,safe and sanitary and works,water supply e pollutiona waste trcontrol within the financial means of the families or individuals dis- facilityor ise Y treatment pse, or air discarded mate- placed. garbage, rubbish, refuse, or other mate- rial, including solid, liquid, semisolid, or contained gaseous (113) "Resident population" means inhabitants counted material resulting from domestic,industrial,o0 mmerciin the same manner utilized by the United States Bureau of ing,agricultural,or governmental operations. �min- the Census,in the category of total population.Resident popu- (126) "Solid waste facilities"means structures or systems !ation does not include seasonalation popul designed for the collection, processing or disposal of solid (114) "Residential uses"means activities within land ar- wastes,including hazardous wastes,and includes transfer sta- eas used predominantly for housing. tions, processing plants, recyclinglar and sys- (115) "Right-of-way" means land in which the state, a terns. plants, disposal county, or a municipality owns the fee simple title or has an (127) "Solid waste processing plant"means a facility for use. recovery easement dedicated or required for a transportation or utility incineration,resource or recycling of solid waste prior to its final disposal. • (116) "Roadway functional classification"means the as- (128) "Solid waste transfer station" means a facility for 8 RULE 9J-5 temporary collection of solid waste pnor to transport to a pro- interspersed with generally low-intensity or low-density ur- cessing plant or to final disposal. ban uses, and which are characterized by (129) "Stormwater" means the flow of water which re- following conditions: (a) The premature orone or more of the suits from a rainfall event. conversion of Wal land to other uses; poorly planned a (130) "Stormwater facilities"means man-made structures (b) the creation of areas of urban development or uses which are not functionally that are part of a stormwater management system designed to related to land uses which predominate the adjacent area; or collect.convey, hold,divert,or discharge stormwater,and may (c) the creation of areas of urban development or include stormwater sewers, canals, detention facilities and fail to maximize the use of existin uses which retention facilities. g public facilities or the use of areas within which public services are currently provided. (131) "Stormwater management system" has the mean- Urban sprawl is typically manifested in one or more of the ing described in Rule 17-40.210(21), F.A.C. (1992). following land use or development (132) "Sufficiencyreview"means DepartmentP patterns:Leapfrog or - review of tered development ribbon or strip commercial or other devel- an adopted evaluation and appraisal report to determine opment;or large expanses ofpredominantly low-intensity,law- whether it has been submitted in a timely fashion and whether density, or single-use development it contains components in accordance with theprescribed ori- "Vegetative teria in Section 163.3191, F.S.,and this Rule. (141) communities"means ecological com- munities,such as coastal strands,oak hanunocks.and cypress (133) "Support documents"means any surveys, studies, swamps,which are classified based on the presence of certain inventory maps,data,inventories,listings or analyses used as soils,vegetation and animals, bases for or in developing the local comprehensive plan. (142) "Wry low-income family"means one or more natu- (134) "Suitability" means the degree to which the exist- ral persons or a family, not including students, the total an- ing characteristics and limitations of land and water are core- nual adjusted gross household income of which does not ex- • patible with a proposed use or development ceed 50 percent of the median annual adjusted 1 gross income (135) "Transfer of development rights"means a govern- for households within the metropolitan statistical areas(MSA) mentally recognized right to use or develop land at a certain or, if not within an MSA,within the county in which the per- density,or intensity,or for a particular purpose,which is sev- son or family resides,whichever is greater. Bred from the realty and placed on some other property. (143) "Wry low income household"has the meaning pro- (136) "Transportation demand management" means vided in s. 420.0004,F.S. (1991). strategies and techniques that can be used to increase the effi- (144) "Water-dependent uses" ciency of the transportation system.Demand management fo- be carried out onlymeans ��which can cuses on ways o f influencing the amount and demand for trans- the use requires access o to thea in adjacent to water areas becans- portation by encouraging alternatives to the single-occupantwater body for waterborne trans- portation portation including ports or marinas; recreation; electrical automobile and by altering local peak hour travel demand generating facilities;or water supply. These strategies and techniques may,among others, include: (145) "Water recharge areas"means land or water areas ridesharing programs, flexible work hours, telecommuting, through which groundwater is replenished. shuttle services, and parking management (146) "Water-related uses"means activities which are not (137) "Transportation disadvantaged" means those in- directly dependent upon access to a water body, but which dividuals who because of physical or mental disability,income provide goods and services that are directly associated with status, or age are unable to transport themselves to or pur- water-dependent or waterway uses. chase transportation and are, therefore dependent upon oth- (147) "Water wells"means wells excavated,drilled,dug, ers to obtain access to health care, employment, education, or driven for the supply of industrial,agricultural or potable shopping, social activities, or other life-sustaining activities. water for general public consumption. (138) "Transportation system management" means ire- (148) "Wellhead protection area"means an area desig- proving roads,intersections,and other related facilities to make Hated by local government to provide land use protection for the existing transportation system operate more efficiently. the groundwater source for a potable water wellfeld, as de- Transportation system management techniques include de- fined in this chapter,including the surface and subsurface area mand management strategies, incident management strate- surrounding the wellfield Differing levels of protection may gies, and other actions that increase the operating efficiency be established within the wellhead protection area commen- of the existing system. surate with the capacity of the well and an evaluation of the (139) "Urban area"meeaArs an area of or for development risk to human health and the environment Wellhead protec- characterized by social, economic and institutional activities tion areas shall be delineated using professionally accepted which are predominantly based on the manufacture, produc- methodologies based on the best available data and taking into tion, distribution, or provision of goods and services in a set- account any zones of contribution described in existing data. ting which typically includes residential and nonresidential (149) "Wetlands" means those areas that are inundated development uses other than those which are characteristic of or saturated by surface water or ground water at a frequency rural areas. and a duration sufficient to support, and under normal cir- (140) "Urban sprawl"means urban development or uses curnstances do support, a prevalence of vegetation typically which are located in predominantly rural areas,or rural areas adapted for life in saturated soils. Soils present in wetlands 9 RULE 9J-5 generally are classified as hydric or alluvial, or possess char- (b) if the local government chooses to combine elements. actenstics that are associated with reducing soil conditions. it shall clearly indicate where in the comprehensive plan or The prevalent vegetation in wetlands generally consists offac- support documents all statutory requirements of Sections ultative or obligate hydrophytic macrophytes that are typically 163.3177 and 163.3178,Florida Statutes,and the requirements adapted to areas having soil conditions described above. These of this Chapter art met. The comprehensive plan shall con- species. due to morphological, physiological, or reproductive tarn an explanation of such combinations. adaptations, have the ability to grow, reproduce or persist in (c) The comprehensive plan shall consist of those items aquatic environments or anaerobic soil conditions. Florida listed below in this paragraph. All other documentation may wetlands generally include swamps,marshes,bayheads,bogs, be considered as support documents. Support documents do cypress domes and strands, sloughs, wet prairies, riverine not have to be adopted unless the local government desires to swamps and marshes, hydric seepage slopes, tidal marshes, adopt all or part of the support documents as part of the com- mangrove swamps and other similar areas. Florida wetlands prehensive plan.All background data,studies,surveys,analy- generally do not include longleaf or slash pine flatwoods with ses and inventory maps not adopted as part of the comprehen- an understory dominated by saw palmetto. The delineation of sive plan shall be available for public inspection while the actual wetland boundaries may be made by any professionally comprehensive plan is being considered for adoption and while accepted methodology consistent with the type of wetlands it is in effect. Unless a local government desires to include . being delineated but shall be consistent with any unified state- more, the adopted comprehensive plan shall consist of wide methodology for the delineation of the extent of wet- 1. Goals,objectives, and policies; lands ratified by the Legislature. 2. Requirements for capital improvements implemen- SPECIF7CAUTHORITY 163.31 7769.(10)FS talion; LAW IMPLEMENTED:163.3177,163.31 78 FS HISTORY—New 3-6-86Amended 10-20-86, 11-2189,4-2-92.3-13-94, 3. Procedures for monitoring and evaluation of the lo- 5-18-94. cal plan; 4. The countywide marina siting plan for participating 9J-5.004 Public Participation. local governments in the coastal area; (1) The local governing body and the local planning 5. Required maps showing future conditions,including agency shall adopt procedures to provide for and encourage the future land use map or map series; public participation in the planning process, including con- 6. A copy of the local comprehensive plan adoption or- sideration of amendments to the comprehensive plan and evalu- dinance at such time as the plan is adopted;and ation and appraisal reports. 7. Intergovernmental coordination process. (2) The procedures shall include the following: (d) The comprehensive plan format shall include: (a) Provisions to assure that real property owners are put 1. A table of contents; on notice, through advertisement in a newspaper of general 2. Numbered pages; circulation in the area or other method adopted by the local 3. Element headings; government,of official actions that will affect the use of their 4. Section headings within elements; property; 5. A list of included tables, maps,and figures; (b) Provisions for notice to keep the general public in- 6. Titles and sources for all included tables,maps,and formed; figures; (c) Provisions to assure that there are opportunities for • 7. A preparation date;and the public to provide written comments; 8. Name of the prepares (d) Provisions to assure that the required public hear- (e) All maps included in the comprehensive plan shall Ings are held; and include major natural and man-made geographic features,city, (e) Provisions to assure the consideration of and response county, and state lines,when applicable;and shall contain a to public comments. legend indicating a north arrow, map scale,and date. (3) Local governments are encouraged to make execu- (2) Data and Analyses Requirements. tive summaries of comprehensive plans available to the gen- (a) All goals,objectives,policies,standards,findings and eral public and should, while the planning process is ongo- conclusions within the comprehensive plan and its support ing, release information at regular intervals to keep its citi- documents, and within plan amendments and their support wry apprised of planning activities, documents,shall be based upon relevant and appropriate data SPECIFIC AUTHORITY:163.3177(9),(10)Fs and the analyses applicable to each element To be based on LAW IMPLEMENTED:163.3177(9).(10), 163.3181 FS data means to react to it in an appropriate way and to the HISTORY—New 3-6-8A Amended 10-20-86. extent necessary indicated by the data available on that par- 9J-5.005 General Requirements. ticular subject at the time of adoption of the plan or plan amend- (1) Format Requirements. merit at issue. Data or summaries thereof shall not be subject (a) Each comprehensive plan shall include the content to the compliance review process. However, the Department • for all elements as required by law and this Chapter,however, will review each comprehensive plan for the purpose of deter- ng elements may be combined mining whether the plan is based on the data and analyses described in this chapter and whether the data were collected 10 RULE 9J-5 and applied in a professionally acceptable manner. All tables. Governor, a detailed description of the rationale for such a charts.graphs• maps.figures and data sources,and their limi- choice shall be included with such projections_ rations. shall be clearly described where such data occur in 1. If the local government chooses to prepare its own the above documents. Local governments are encouraged to estimates and projections, it shall submit estimates and pro- use graphics and other techniques for making support infor- jections and a description of the methodologies utilized to gen- mation more readily usable by the public. crate the projections and estimates to the De Pew with its (b) This Chapter shall not be construed to requireorigi- plan when the plan is due for compliance review unless it has nal data collection by local government; however, local gov- submitted them for advance review If a local government erntnents are encouraged to utilize any original data neces- chooses to prepare its own resident and seasonal sary to update or refine the local government comprehensive estimates and projections, it may submit them and�a population plan data base so long as methodologies are professionally tion of the methodology utilized to prepare them to the De- accepted. partment prior to the time of compliance review.The De _ (c) Data are to be taken from professionally accepted ex- ment may request additional information rePan fisting sources, such as the United States Census, State Data odology utilized to 8�dmg meth Center, State University System of Florida,regional planning 2 . prepare the and projections. he partment will evaluate the application of the councils, water managementdistricts, or existing technical methodology utilized by a local government in preparing its studies. The data used shall be the best available existing own population estimates and projections and determine data.unless the local government desires original data or spe- whether the particular methodology is professionally accepted. cial studies. Where data augmentation, updates, or special The Department shall provide its findings to the local govern- studies or surveys are deemed necessary by local government, ment within sixty days.In addition,the Department shall make appropriate methodologies shall be clearly described or refer- available, upon request,beginning on December 1, 1986,ex- enced and shall meet professionally accepted standards for amples of methodologies for resident and seasonal population such methodologies. Among the sources available to local estimates and projections that are deemed by the Department governments are those identified in"The Guide to Local Corn- to be professionally acceptable.The prehensive Planning Data Sources"published by the DeDepartment shall guidedmeat in 1989. Among the sources of data for preliminary by the Executive Office of the Governor,in particular the State P iminary Data Center,in its review of any population estimates,projec- identification of wetland locations are the National Wetland tions,or methodologies proposed by local Inventory Maps prepared by the U.S. Fish and Wildlife Ser- governments. xtual or io via. (f) Local governments may submit textual portions of the proposed or adopted comprehensive plan or plan amend- (d) Primary data sources such as United States Census meat, or their support documents, in the form of electronic reports, other government data documents, local computer- processing storage media. A Iocal government wishing to do ized data, and original map sheets used to compile required this must first verify with the Department that the programs maps need not be printed in their entirety within either the necessary to access the media are available to the Department support documents or the comprehensive plan. Summaries of and other agencies and, if so, then send one hard copy and support documents shall be submitted to the Department along clearly labeled storage media exter- with the comprehensive plan at the time of compliance re- nal agencies. g copies for distribution to view to aid in the Department's determination of compliance (g) A local government need not include in the support and consistency. As a local alternative to providing data and material sent to the Department any material found in Florida analyses summaries, complete data and analyses sufficient to Statutes,Florida Administrative Code,United States Code,or support the comprehensive plan may be submitted to the De- the Code of Federal Regulations or any widely available docu- partment at the time of compliance review. The Department mentary source of data which the local government has con- may require submission of the complete or more detailed data firmed is already in the possession of the Department, or analyses during its compliance review if,in the opinion of (3) Level of Service Standards. Level of service stan- the Department, the summaries are insufficient to determine dards shall be established for ensuring that adequate facility compliance or consistency of the plan. capacity will be provided for future development and for pur- (e) The comprehensive plan shall be based on resident poses of issuing development orders or development permits, and seasonal population estimates and projections. Resident pursuant to Section 163.3202(2)(g), Florida Statutes. Each and seasonal population estimates and projections shall be local government shall establish a level of service standard either those provided by the University of Florida,Bureau of for each public facility located within the boundary for which Economic and Business Research, those provided by the Ex- the local government has authority to issue development or- ecutive Office of the Governor, or shall be generated by the ders or development permits. Level of service standards local government. If the local government chooses to base its shall be set for each individual facility or facility type and not plan on the figures provided by the University of Florida or on a systemwide basis. the Executive Office of the Governor, medium range projec- (4) Planning Timeframe. Each local government com- tions should be utilized. If the local government chooses to prehensive plan shall include at least two planning periods: base its plan on either low or high range projections provided one for at least the first five-year period subsequent to the by the University of Florida or the Executive Office of the plan's adoption and one for at least an overall ten-year period. 11 • RULE 9J-5 (5) Internal Consistency. evaluation of the plan during the five-year period. (a) The required elements and any optional elements (g) The extent to which unanticipated and unforeseen shall be consistent with each other. All elements of a particu- problems and opportunities occurred between the date ofadop- lar comprehensive plan shall follow the same general format tion and the date of the report; (see"Format Requirements"). Where data are relevant to sev- (h) The effect on the comprehensive plan of changes to: eral elements, the same data shall be used, including popula- Chapter 187, F.S.,the state comprehensive plan Chapter 163, tion estimates and projections. Pt.II, F.S.; the minimum criteria contained in Chapter 9J-5, (b) Each map depicting future conditions must reflect F.A.C.; and the appropriate strategic regional policy plan; goals. objectives, and policies within all elements and each (i) The major problems of development, physical dete- such map must be contained within the comprehensive plan. rioration, and the location of land uses and the social and (6) Plan Implementation Requirements.Recognizing that economic effects of such uses in the area; the intent of the Legislature is that local government compre- (j) The identification of any actions that are taken or hensive plans are to be implemented, pursuant to Subsection need Uto be taken to address the antiissues fin 163.3161(5),and Sections 163.3194, 163.3201,and 163.3202, the report,and planning identified m Florida Statutes,the sections of the comprehensive plan con- (k) Proposed or anticipated plan amendments taining goals, objectives, and policies shall describe how the to address or implement the identified changes. ttecessaty local government's programs,activities,and land development (8) Procedural Requirements.Comprehensive plans,plan regulations will be initiated, modified or continued to imple- elements,and plan amendments shall be considered,adopted ment the comprehensive plan in a consistent manner.It is not and amended pursuant to the procedural requirements of See- the intent of this Chapter to require the inclusion of imple- tions 163.3161 to 163.3215 , Florida Statutes, including but • meeting regulations in the comprehensive plan but rather to not limited to the following: require identification of those programs, activities, and land (a) The comprehensive plans for municipalities shall be development regulations that will be pan of the strategy for prepared and submitted within the same timed as the implementing the comprehensive plan and the goals, objec- counties in which the municipalities are located and all plans tives, and policies that describe how the programs,activities, shall be prepared and submitted in accordance with the sched- and land development regulations will be carried out consis- ule adopted by the Department pursuant to Subsection tent with Section 163.3201, Florida Statutes. Goals, objec- 163.3167(2),Florida Statutes; tives and policies shall establish meaningful and predictable (b) The comprehensive plan or element shall be prepared standards for the use and development of land and provide in accordance with Section 163.3 174 and Subsection meaningful guidelines for the content of more detailed land 163.3167(4),Florida Statutes,relating to local planning agen- development and use regulations. This Chapter does not man- cies. Proposed plans, elements, portions thereof and amend- date the creation, limitation, or elimination of regulatory au- meats shall be considered at a public hearing with due public thority for other agencies nor does it authorize the adoption or notice by the local planning agency prior to making its roc- require the repeal of any rules, criteria, or standards of any ommendation to the governing body pursuant to Subsection local, regional,or state agency. 163.3167(4)and Section 163.3174,Florida Statutes; (7) Monitoring and Evaluation Requirements. For the (c) The comprehensive plan,element or amendment shall purpose of evaluating and appraising the implementation of be considered and adopted in accordance with the procedures the comprehensive plan, each comprehensive plan and each relating to public participation adopted by the governing body, deepwater port master plan shall contain a section identifying and the local planning agency pursuant to Section 163.3181, five-year monitoring, updating and evaluation procedures to Florida Statutes,and Rule 9J-5.004 of this chapter.The local be followed in the preparation of the required five-year,seven- government shall submit with its initial transmittal,pursuant year,ten-year or twelve-year evaluation and appraisal reports to Subsection 163.3167(2), Florida Statutes, and subsequent as described in Rule 9J-5.0053. That section shall address: transmittals pursuant to Section 163.3191,Florida Statutes,a (a) A description of the public participation process used copy of the procedures for public participation that have been by the local government in preparing the report; adopted by the local planning agency and theovernin (b) Updating appropriate baseline data and measurable g g (d) The comprehensive Plan and any comprehensive plan objectives to be accomplished in the first five-year period of amendments shall be transmitted after formal action by the the plan, and for the long-term period; governing body in accordance with the provisions of Sections (c) Accomplishments in the first five-year, seven-year, 163.3184 and 163.3187,Florida Statutes,and the procedural ten-year, or twelve-year reporting period, describing the de- rule adopted by the Department pursuant to Subsection gree to which the goals,objectives and policies have been suc- 163.3177(9),Florida Statutes; cessfully reached; (e) The comprehensive plan shall not be amended more (d) Obstacles or problems which resulted in under- than two times during any calendar year except in the case of achievement of goals,objectives, or policies; amendments directly related to developments of regional im- (e) New or modified and reformulated goals,objectives, pact pursuant to Section 380.06, Florida Statutes, Florida or policies needed to correct discovered problems; and Quality Developments pursuant to Section 380.061, Florida (f) A means of ensuring continuous monitoring and Statutes, and small-scale development activities pursuant to 12 RULE 91-5 Paragraph 163 3187(1)(b), Florida Statutes. In order for an (I0)Duplication of Regulations. When a federal, state. amendment to be exempt from the twice-a-year amendment or regional agency has implemented a regulatory program. restriction under the development-of-regional-impact provi- the department shall not require a local government to dupli- sion. the amendment must have been transmitted and adopted cate that regulatory program in its local comprehensive plan. as provided by law. The comprehensive plan, elements and SPECIFIC AUTHORITY 163 3177(9),(/Ol FS amendments shall be adopted by ordinance and only after the LaW/MPL£.NE.VTED:7/9'3116176 63.3/67,163.31'1,163.3174,163.31,'7,163.318/. public hearings required by Paragraph 163.3184(15)(b) 163.3181. 163.3187, 163.319/. /63319�FS HISTORY—New 3.6-86.Amended 10-2086./1.22-89.3-23-94,3.18-9I. Honda Statutes.have been conducted after the notices required by Paragraphs 163.3184(15)(b)and(c),Florida Statutes. Upon 9J-5.0053 Evaluation and Appraisal Reports and adoption the local government shall transmit to the Depart- Evaluation and Appraisal Amendments. ment a copy of the ordinance and the required notices; (1) PURPOSE AND INTENT It is the intent of the Leg- (f) The comprehensive plan shall be evaluated and UP- islature that each unit of local government required to adopt a dated as required by Section 163.3191, Florida Statutes, and comprehensive plan pursuant to Chapter 163, Part II, F.S., this chapter. A copy of the adopted report required by Section periodically update its comprehensive plan through the prepa- 163.3191, Florida Statutes, shall be transmitted to the De- ration and adoption of an evaluation and appraisal report partment at the time of the governing body's transmittal of (EAR) and adoption of an evaluation and appraisal report- related amendments pursuant to Subsection 163.3191(4), based plan amendments in accordance with Section 163.3191, Florida Statutes; and F.S. This Rule establishes the procedures and criteria for the (g) A comprehensive plan,element,or plan amendment preparation, transmittal, adoption and sufficiency review of applicable to a designated area of critical state concern shall local government comprehensive plan evaluation and appraisal not become effective until reviewed and approved as provided reports and evaluation and appraisal report-based plan amend- in Section 380.05, Florida Statutes, and any rules promul- ments submitted pursuant to the Local Government Compre- • gated pursuant to that section. hensive Planning and Land Development Regulation Act, (h) A comprehensive plan or plan amendment applicable Chapter 163,Part II,F.S.,and Chapters 9J-5 and 91-33,F.A.C. to the Wekiva River Protection Area, in addition to meeting The purpose of the evaluation and appraisal report is to assess the requirements for compliance pursuant to Section 163.3184, and evaluate the success or failure of the local government's Florida Statutes, must meet the requirements of Section comprehensive plan,including the validity of the projections, 369.301, et seq., Florida Statutes, the Wekiva River Protec- the realization of the goals and objectives,and the implemen- tion Act tation of the plan's policies. The report shall also address (i) Local governments may enter into and are encour- changes in local conditions,changes in state and regional poli- aged to enter into joint planning agreements as provided in cies on planning and growth management and through adop- Chapter 163, Florida Statutes. tion of related amendments, to update the local government's (j) A local government may include,as part of its adopted comprehensive plan to address the issues raised in the report plan, documents adopted by reference but not incorporated (2) TRANSMITTAL REQUIREMENTS FOR PRO- verbatim into the plan. The adoption by reference must iden- POSED EVALUATION AND APPRAISAL REPORT. tify the title and author of the document and indicate clearly (a) In accordance with the schedule established in Rule what provision or edition of the document is being adopted. 9J- 33, F.A.C., the local planning agency shall prepare and The adoption by reference may not include future amendments transmit a proposed evaluation and appraisal report to the fo- to the document because this would violate the statutory pro- cal governing body for review and adoption,and contempora- cedure for plan amendments and frustrate public participa- neously send a copy to the Departme:tt. At a minimum, the tion on those amendments. A local government may include format and content of the proposed report will include a table a provision in its plan stating that all documents adopted by of contents;numbered pages;element headings;section head- reference are as they existed on a date certain. Unless docu- ings within elementr, a list of included tables, maps and fig- ments adopted by reference comply with Rule 9J-5.005(2)(g), ures; titles and sources for all included tables, maps and fig- F.A.C.,or are in Florida Statutes,Florida Administrative Code, ures;where applicable,maps shall include major natural and United States Code,or the Code of Federal Regulations,cop- man-made geographic features, city, county and state lines; ies or summaries of the documents shall be submitted as sup- maps shall contain a legend indicating a north arrow, map port documents for the adopted portions of the plan or plan scale and date;a preparation date;and the name of the prepare:. amendment. (b) The proposed evaluation and appraisal report will (9) Recognition of Private Property Rights and Vested assess and evaluate the success or failure of the local Rights. The Department recognizes private property rights government's adopted comprehensive plan,including the va- created by law and guaranteed by the State and Federal Con- lidity of the projections,the realization of the goals and objec- stitutions and the existence of legitimate and often competing tives, and implementation of the plan's policies. The pro- public and private interests in land use regulations and other posed evaluation and appraisal report shall also address government action. Local governments may include appro- changes in local conditions; the effect on the comprehensive priate provisions in their plans for the recognition of statutory plan of changes to: the state comprehensive plan, Chapter and common law vested rights. 163, Part II, F.S., Chapter 9J-5, F.A.C., and the appropriate 1 7 RULE 9J-5 Paragraph 163 3187(1)(b), Florida Statutes. In order for an (10)DuplicaUon of Regulations. When a federal, state. amendment to be exempt from the twice-a-year amendment or regional agency has implemented a regulatory program, restnction under the development-of-regional-impact provi- the department shall not require a local government to dupli- sion, the amendment must have been transmitted and adopted cate that regulatory program in its local comprehensive plan. as provided by law. The comprehensive plan, elements and SPECIFIC AUTHORITY. 163.3177(9),00)!3 amendments shall be adopted by ordinance and only after the LiW/MPLE.IIE.VTED:163.3167,163.31'1.163.31'x,163.31,'7,163.3/81. public hearings required by Paragraph 163.3184(15)(b), 163.318 . 163.3187, 163.3191. /63.319If$ HISTORY--New 3.6-86.Amendsd 10-20-86,11-22-89.3-23-94,5.18-94. Florida Statutes,have been conducted after the notices required by Paragraphs 163,3184(15)(b)and(c),Florida Statutes. Upon 9J•5.0053 Evaluation and Appraisal Reports and adoption the local government shall transmit to the Depart- Evaluation and Appraisal Amendments. ment a copy of the ordinance and the required notices; (1) PURPOSE AND INTENT. It is the intent of the Leg- (f) The comprehensive plan shall be evaluated and up- islature that each unit of local government required to adopt a dated as required by Section 163.3191, Florida Statutes, and comprehensiveplan this chapter. A copy of the adopted report required by Section P pursuant eto Chapter 163,oPart II, F.S., 163.3191, Florida Statutes, shall be transmitted to the De- periodically update its comprehensive plan through the preps_ ration and adoption of an evaluation and appraisal report partment at the time of the governing body's transmittal of (EAR) and adoption of an evaluation and appraisal report- related amendments pursuant to Subsection 163.3191(4), based plan amendments in accordance with Section 163.3191, Florida Statutes;and F.S. This Rule establishes the procedures and criteria for the (g) A comprehensive plan,element,or plan amendment preparation, transmittal, adoption and sufficiency applicable to a designated area of critical state concern shall review of al not become effective until reviewed and approved as provided local government comprehensive plan evaluation and appraisal o in Section 380.05, Florida Statutes, and any rules romul• repand evaluation and appraisal report-based plan amend- • gated tionpurs38 to that section. p menus submitted pursuant to the Local Government Compre- hensive Planning and Land Development Regulation Act, (h) A comprehensive plan or plan amendment applicable Chapter 163,Part II,F.S.,and Chapters 91-5 and 9J-33,F.A.C. to the Wekiva River Protection Area, in addition to meeting The pude of the evaluation and appraisal report is to assess the requirements for compliance pursuant to Section 163.3184, and evaluate the success or failure of the local government's Florida Statutes, must meet the requirements of Section comprehensive plan,including the validity of the projections, 369.301, et seq., Florida Statutes, the Wekiva River Protec- the realization of the goals and objectives,and the implemen- tion Act tation of the plan's policies. The report shall also address (i) Local governments may enter into and are encour- changes in local conditions,changes in state and regional to enter into joint planning agreements as provided in des on planningand poli- aged adop- Chapter 163, Florida Statutes. growth management and through ij) A local gwemment may part �� tion of related amendments,to update the local government's include,asof its ad comprehensive plan to address the issues raised in the report. plan, documents adopted by reference but not incorporated (2) TRANSMITTAL REQUIREMENTS FOR PRO- verbatim into the plan. The adoption by reference must iden- POSED EVALUATION AND APPRAISAL REPORT. tify the title and author of the document and indicate clearly (a) In accordance with the schedule established in Rule what provision or edition of the document is being adopted. 9J- 33, F.A-C., the local planning The adoption by reference may not include future amendments a g 'shah prepareand Io- ta the document because this would violate the statutoryPro- transmit a proposed evaluation and appraisal report to the contempora- cedurelo- for plan amendments and frustrate public �governing body for review and adoption,and� ipa- neously send a copy to the Department. At a minimum, the tion on those amendments. A local government may include format and content of the a provision in its plan stating that all documentsadopted proposed report will include a table by of contents;numbered pages;element headings;section head- reference are as they existed on a date certain. Unless docu- ings within elements, a list of included tables, maps and fig- ments adopted by reference comply with Rule 9J-5.005(2)(g), tires; titles and sources for all included tables, maps and fig- F.A.C.,or are in Florida Statutes,Florida Administrative Code, tires;where applicable,maps shall include major natural and United States Code,or the Code of Federal Regulations,coP- man-made geographic features, city, county and state lines; ies or summaries of the documents shall be submitted as sup- maps shall contain a legend indicating a north arrow, map port amendment documents me dmuments for the adopted portions of the plan or plan scale and date;a preparation date;and the name of the preparer- (b) The proposed evaluation and appraisal report will (9) Recognition of Private Property Rights and Vested assess and evaluate the success or failure of the local Rights. The Department recognizes private property rights government's adopted comprehensive1 created by law and guaranteed by the State and Federal Con- Pan,including the - lidity ofthe projections,the realization of the goals and objec- stitutions and the existence of legitimate and often competing tives, and implementation of the plan's policies. The pro- public and private interests in land use regulations and other posed evaluation and appraisal report shall also address government action. Local governments may include appro- changes in local conditions; the effect on the comprehensive priate provisions in their plans for the recognition of statutory plan of changes to: the state comprehensive plan, Chapter and common law vested rights. 163, Part II, F.S., Chapter 91-5, F.A-C., and the appropriate 13 RULE 9J-5 strategic regional policy plan; suggest changes needed to up- with the public participation procedures in accordance with date the comprehensive plan, elements. or portions thereof; the public participation requirements of Section 163.3181.F.S. suggest reformulated or additional goals, objectives, policies, and Rule 9J-5.004, F.A.C. maps. schedules, and procedures; and otherwise address the (d) A localovernin requirements specifiedg g body may adopt and submit an in Section 163.3191.F.S.,and this Rule evaluation and appraisal report transmitted by the local plan- Chapter. ning agency in advance of the submittal date established by (c) The local planning agency shall prepare its proposed Rule 9J-33, E.A.C., in accordance with the Early Submission report in conformity with the public participation procedures requirements therein. that were adopted by the local planning agency in accordance (e) If the local governing with the public participation requirements of Section 163.3181, appraisal report morthan 90days prior thedopts an data and F.S., and Rule 9J-5.004, F.A.C. lished in Rule 91-33, F.A.C. for the adoptionto due date ereport, (d) A local planning agency may, at the direction of the the localgoverningopt of the anad- local governing body, and in accordance with Section dendum tthe adoptedshall also conformity and submitthisub ec- 163.3191(8), F.S., prepare and transmit an evaluation and tion. report in conformity with this subsec- appraisal report in advance of the transmittal date established (f) At a minimum,the addendum shall address relevant by Rule 91-33, F.A.C., in accordance with the Early Submis- changes in local conditions, the state comprehensive plan, sion requirements therein. Chapter 163, Part II,F.S.,the (e) If a local planning agency transmits an early evalua- F.A.C., and the applicable strategic requirementsChapter that tion and appraisal report,the local planning agency shall trans- occurred subsequent to thepolicy plan that mit, in conformity with the schedule established by Rule 9J- and appraisal adoption earlier evaluationnotice, ot , 33, F.A.C., an addendum which, at a minim PP report. The public participation,public notice, changes in local conditions,relevant changes in the state and adoption requirements established for the submittal of the adopted evaluation and appraisal report must be followed when prehensive plan, the requirements of Section 163.3191, F.S., submitting the addendum to the adopted report, the requirements of Chapter 9J-5,F.A.C.,and applicable stra- tegic regional policy plan changes that occurred subsequent in � �evaluation and appraisal report materials,inelud- to the adoption of the earlier evaluation and appraisal report including data and analygraphic and textual sis, ls, support the desig- (3) SUBMITTAL REQUIREMENTS FOR ADOPTED nee of the local governing a submittal letter from which ch the EVALUATION AND APPRAISAL REPORT. body stating the dates on which the local government held the requisite public hearings, and a (a) Within 90 days after receiving the proposed evalua- copy of the adoption ordinance or resolution shall be submit- tion and appraisal report from the local planning agency,the ted directly to: local governing body shall adopt, or adopt with changes, the Florida Departmentproposed evaluation and appraisal report. Within 10 working Bureau of Planning,f CoRoomot2 Affairs days of adoption of the report, the local governing body shall 252 submit three copies of theadopted Plan Processing Te rive REVIEW report to the Department. 2744)Centerview Drive (b) The adopted evaluation and appraisal report will as- Tallahassee,Florida 32399-2100 sess and evaluate the success or failure of the local (4) CRITERIA FOR DETERMINING SUFFICIENCY government's adopted comprehensive plan,including the va- OF ADOPTED EVALUATION AND APPRAISAL RE- lidity of the projections, and the realization of the goals and PORTS. objectives,implementation of the plan's policies. The adopted (a) Within 30 days of receipt of an evaluation and appraisal report shall also address changes in andappraisal adopted evaluation report or addendum, the shall re_ local conditions; the effect on the comprehensive plan of view the adopted report to determine its sufficiency, A suffi- changes to: the state comprehensive plan,Chapter 163,Part ciency review shall not be a compliance II, F.S., Chapter 9J-5, F.A.C., and the appropriate strategic determination that: �,but shall be a regional policy plan; changes needed to update the compre- 1. the report or addendum was adopted and submitted hensive plan,elements,or portions thereof, include reformu- timely;and lated or additional goals, objectives, policies, maps, sched- 2. the adopted report or addendum addresses aft the ales,and procedures;and otherwise address the requirements uisite provisions of Section 163.3191, F.S., incl - specified in Section 163.3191, F.S., and this Rule Chapter. sosuincluding F. re- and When evaluation and appraisal report-based amendments to this Rule Chapter. bsections 163.3191(2).(3),and(6),F.S.,and the comprehensive plan do not occur simultaneously with the (b) A local government may request that the t adoption of the evaluation and appraisal report,the report shall provide substantive comments regardingreport or adden- include a schedule for adoption of evaluation and the assist the appraisal durn during the Department's sufficiency review to the report-based amendments within 1 year after the report or local government in the adoption of its evaluation and ap- addendum is adopted unless a six-month extension is granted praisal report-based plan amendments. Comments provided by the department. during the sufficiency review will not be binding on the local (c) The local governing body shall adopt,or adopt with government or the Department,and will not supplant or limit changes. the evaluation and appraisal report in conformity the Department's consistency review of the adopted EAR-based 14 RULE 9J-5 amendments. A request for comments must be made in writ- department. ing by the local government and must be submitted at the (b) All evaluation and appraisal report-based plan same time the adopted report is submitted for sufficiency re- amendments. including amendments adopted pursuant to an view. addendum, shall be adopted in accordance with the proce- (c) Upon completion of its sufficiency review, the De- dures contained in Sections 163.3184, 163.3187,and 163.3189, partment will notify in writing the local governing body of its F.S.,and shall be subject to compliance review as that term is sufficiency determination. defined in Section 163.3184(1)0),( Xb), F.S. (d) If the Department determines that the adopted report (c) Notwithstanding the requirements of subsection (1) or addendum sufficiently addresses the requisite provisions of of this section, a local government may adopt its evaluation Section 163.3191, F.S., and this Rule Chapter, the local gov- and appraisal report-based plan amendments simultaneously ernment shall proceed with adoption of plan amendments nec- with the adoption of its report or addendum. An evaluation essary to implement the recommendations in the report or and appraisal report adopted simultaneously with the local addendum, and may proceed with plan amendments in addi- government's adoption of the report-based plan amendments tion to the evaluation and appraisal report-based plan amend- shall be adopted in accordance with Sections 163.3187(5)and rants. 163.3191,F.S., and this Rule Chapter,including the require- (e) If the local planning agency fails to transmit its evalu- ments for public notice and public hearings. The adoption of ation report or addendum to the Department by the established a report simultaneous with the adoption of report-based plan transmittal date, or if the local governing body fails to adopt amendments shall not act as a bar to, or limitation on, the the evaluation and appraisal report by the established adop- effect of the Department's sufficiency review of the adopted tion date, the local governing body is prohibited from amend- report, nor may the Department waive its responsibilities for ing its comprehensive plan until such time as the local gov- review of such report. Evaluation and appraisal report-based erning body adopts and submits an evaluation and appraisal plan amendments adopted simultaneously with the local report or addendum that the Department determines suffi- government's adoption of its report shall be adopted in accor- ciently addresses the requisite provisions of Section 163.3191, dance with Sections 163.3184, 163.3187,and 163.3189,F.S.. F.S., and this Rule Chapter. If the Department determines and shall be subject to compliance review that the adopted report or addendum is not sufficient because (6) EVALUATION AND APPRAISAL REPORT MINI- it fails to address the requirements of Section 163.3191,F.S., MUM CRITERIA. and this Rule Chapter,the local governing body is prohibited (a) The evaluation and appraisal report shall include an from amending its comprehensive plan until such time as the evaluation and assessment of the success or failure of the lo- local governing body adopts and submits an evaluation and cal government's adopted comprehensive plan,including the appraisal report or addendum that the Department determines validity of the projections, the realization of the goals and sufficiently addresses the requisite provisions of Section objectives,and the implementation of the plan's policies. The 163.3191,F.S.,and this Rule Chapter,except for plan amend- evaluation and appraisal report chali also Actress changes in ments to implement recommendations in the adopted evalua- local conditions; the effect on the comprehensive plan of tion and appraisal report or addendum. changes to: the state comprehensive plan,Chapter 163,Part (f) If local governments are prohibited from amending II, F.S., Chapter 9J-5, FAC., and the appropriate strategic the comprehensive plan pursuant to Rule 9J-5.0053(4Xe), regional policy plan; changes needed to update the compre- F.A.C.,then during the time period of the prohibition starting hensive plan, elements, or portions thereot reformulated or subsequent to the submission date specified in Rule 9J-33, additional goals, objectives, policies, maps, schedules, and F.A.C.,amendments will not be processed by the Department, procedures;and through adoption of report-wed plan amend- and will be returned to the local government except for plan ments,update the local government's comprehensive plan to amendments to implement recommendations in the evalua- address the issues raised in the report and otherwise address tion and appraisal report In order to secure review thereafter, the requirements specified in Section 1633191,F.S.,and this the local government may resubmit the amendments in actor- Rule Chapter. The report shall contain appropriate statements, dance with the requirements of Sections 163.3184, 163.3187, including data,analysis and conclusions,using words,maps, and 163.3189, F.S., following a determination that the local illustrations, schedules,or other graphic formats that address government's evaluation and appraisal report or addendum is the following: sufficient I. Condition of Each Element at the Time of Adoption, (5) ADOPTION OF EVALUATION AND APPRAISAL which shall include summaries of data and analysis from each REPORT AMENDMENTS. element of the existing adopted plan. (a) Except when a local governing body submits its 2. Condition of Each Element at the Date of Report amendment simultaneously with its evaluation and appraisal a. Summaries of each element describing current con- report, within one year of adoption of an evaluation and ap- ditions; praisal report, and within one year of adoption of an adden- b. A summary of all land use text and map amendments dum to the earlier report, the local government shall amend and all other major text amendments made to the plan; its comprehensive plan based upon the recommendations con- c. A new existing land use map and table of existing tamed therein unless a six-month extension is granted by the land uses for current conditions as of the date of the report; 15 RULE 9J-5 d. A new existing traffic circulation map; and c. Revised future conditions maps; e. A summary of the condition and quality,of all nate- d. New capital improvements element; icer resources. e. 3. Comparison of the Plan's Adopted Objectives with cedures; Other actions,such as monitoring and evaluation pro. and Actual Results, which shall include comparison of the objet- f. Studies to be completed. Oyes. including specific and measurable targets, to the actual 8. Identification of Proposed or Anticipated Plan results and conditions. Determine whether the objective was Amendments to Address or Implement the Identified Changes achieved. Physical Deterio- and a. Identify proposed or anticipated plan amendments; 4. Major Problems of Development ration, Location of Land uses and the Social and Economic b. Providea schedule for transmittal and adoption of Effects of the Major Problems Identified a. The accuracy and use of the the plan amendments identified in the previous section. population projections; 9. The Public Participation Process,which shall include b. Actual vs. anticipated rate of development: a dem c. The effect of concurrency description of the public participation process used in the d The maintenance and/or achievement 'ofPreparation of the report Level of Service Standards; adequate SPECIFICAUTHORITY 120.535.163.3177(9).163.3187(5),163.3/9) ), 163.3/91(10),F.S e. Coordinating with development the provision of pub- LAWMENT23: 163.3187(5),163.3191,FS. HISTORY—N .3-23- lic facilities and services; 9i, 4inu�d�d 5.18 9I. L The actual vs. projected revenues and expenditures 9J-5.0055 Concurrency Management System. regarding capital improvements; g. The generation and status of new revenue sources; establish purpose of the concurrency management system is to h. Physical deterioration of public buildings, establish an ongoing mechanism which ensures that public infra h. Physical alrecreation facilities, and utilities, facilities and services needed to support development are avail- for replacement or rehabilitation; ' nd the need able concurrent with the impacts of such development i. Physicsl deterioration of buildings and structures in (1) GENERAL,REQUIREMENTS. Each local govern- the commercial and industrial land use categories; meat shall adopt,as a component of the comprehensive plan, j. Physical deterioration of the housing stock, includ- objectives, policies and standards for the establishment of a ing mobile homes; concurrency management system. The concurrency manage_ k. The location of development with meat system will ensure that issuance of a development order infrastructure; regard to existing or development permit is conditioned upon the availability of op- t. The location of development in relation to where de- public facilities and services necessary to serve new devel veto 1. was catioi meat,consistent with the provisions of Chapter gated in the adopted plan,such as within F. and this Rule. The concurrencylPart areas designated for urban growth; managemeentnt system m. The location of development in relation to its oom- shall include: patibility with safety and evacuation in coastal high hazard (a) A requirement that the local government shall main_ areas; fain the adopted level of service standards for roads, sanitary n. The location of development in relation to the main- sewer, solid waste, drainage, potable water, parks and recre- n. of environmentally sensitive areas;and ation,and mass transit, if applicable. o. The social and economic effects of the major prob- (b) A requirement that the local government Capital Im- lems previously identified by providing a description of the provements Element,as provided by Section 97-5.016 of this effects Chapter,shall set forth a financially feasible plan which dem- S. Unanticipated and Unforeseen Problems and Oppor- oastrates that the adopted level of service standards will be tunnies Which Occurred Since Adoption,which shall include achieved and maintained. a description of the unforeseen problems and/or o (c) A system for monitoring and ensuring adherence to and they im ppo�nities the adopted level of service standards,the schedule of capital pact on the comprehensive plan. improvements,and the 6. Effect on the Lope Comprehensive Pian availability of public facility rapacity, The report shall assess the consistency of the comprehen- (d) Guidelines for interpreting and applying level of ser- sive plan with: vice standards to applications for development orders and de- s. Changes to State Comprehensive Plan since 1985; velopment permits and determining when the test for b. Changes to appropriate strategic regionalpolicyconcurrency must be met. The latest point in the application b. Changes to pF.A.Can plan; process for the determination of concurrency is prior to the d. Changes to Chapterle9J ,F. Part LI,F.S. approval of an application for a development order or permit 7. Identification of Any Needed Actions to Address the which densities anan contains a specificd intensities of f plan fordeveloopevelopment,including the Planning Issues Raised in the Reportpment a. New,revised,minimum 5-year and minimum 10-year (e) A requirement that the local government shall adopt y land development regulations which specify and implement timeframes and population projections; b. New and revised goals, objectives and policies; Provisions of the concurrency management system and, as a minimum, provide a program that ensures that development 16 RULE 9J-5 orders and development permits are issued in a manner that (3) MINIMUM REQUIREMENTS FOR CONCUR- will not result in a reduction in the levels of service below the RENCY Every junsdiction shall maintain a concurrency man- adopted level of service standards for the affected facility. agement system to ensure that public facilities and services to (2) LEVEL OF SERVICE STANDARDS support development are available concurrent with the im- (a) For the purpose of the issuance of development or- pact of development, consistent with the provisions of this ders and development permits, local governments must adopt Chapter. level of service standards for public facilities and services lo- (a) For sanitary sewer, solid waste, drainage, and po- cated within the area for which such local government has table water facilities, at a minimum,a local government shall authority to issue development orders and development per- meet the following standards to satisfy the Concurrency re- mits. For the purposes of concurrency, public facilities and quirements: services include the following for which level of service stan- 1. A development order or permit is issued subject to dards must be adopted under Chapter 9J-5, F.A.C.: the condition that,at the time of the issuance of a certificate of 1. Roads, Rule 9J-5.007(3)(c)1. occupancy or its functional equivalent,the necessary facilities 2. Sanitary sewer, Rule 9J-5.011(2)(c)2.a. and services are in place and available to serve the new devel- 3. Solid waste, Rule 9J-5.011(2)(c)2.b. opment;or 4. Drainage, Rule 91-5.011(2)(c)2.c. 2. At the time the development order or permit is is- 5. Potable water, Rule 9J-5.011(2)(c)2.d. sued, the necessary facilities and services are guaranteed in 6. Parks and Recreation, Rule 9J-5.014(3Xc)4. an enforceable development agreement, pursuant to Section 7. Mass transit,Rule 9J-5.008(3)(c)1., if applicable. 163.3220,F.S.,or an agreement or development order issued 8. Roads and public transit, Rule 91-5.019(4)(c)1. pursuant to Chapter 380, F.S., to be in place and available to (b) A local government, at its option, may make addi- serve new development at the time of the issuance of a certifi- tional public facilities and services subject to the concurrency cate of occupancy or its functional equivalent. [Section management system. Level of service standards of such addi- 163.3180(2)(a),F.S.] tional facilities must be adopted in the local government corn- (b) For parks and recreation facilities, at a minimum,a prehensive plan. If a local government desires to extend the local government shall meet the following standards to satisfy concurrency requirement to public schools,it should first corn- the concurrency requirement: plete a study to determine how the concurrency requirement 1. At the time the development order or permit is is- is to be addressed and implemented by the local government, sued, the necessary facilities and services are in place or un- school board and all other parties responsible for school fa- der actual construction;or cilities. [Section 163.3180(1),F.S.] 2. A development order or permit is issued subject to (c) For facilities on the Florida Intrastate Highway Sys- the condition that,at the time of the issuance ofa certificate of tern as defined ins 338.001 F.S.,the local governments shall occupancy or its functional equivalent,the acreage for the nec- adopt the level of service standards established by the Depart- essary facilities and services to serve the new development is ment of Transportation by rule. For other roads local govern- dedicated or acquired by the local governme x,or funds in the ments shall adopt adequate level of service standard& These amount of the developer's fair share are committed;and level of service standards shall be adopted to ensure that ad- a. A development order or permit is issued subject to equate facility capacity will be provided to serve the existing the conditions that the necessary facilities and services needed and future land uses as demonstrated by the supporting data to serve the new development are scheduled to be in place or and analysis in the comprehensive plan. [Section under actual construction not more than one year after issu- 163.3180(10),F.S.[ ance of a certificate of occupancy or its functional equivalent (d) A local government may desire to have a tiered,two- as provided in the adopted local government 5-year schedule level approach for the level of service standard. To utilize a of capital improvements;or tiered approach, the local government must adopt an initial b. At the time the development order or permit is is- level of service standard as a policy to be utilized for the pur- sued,the necessary facilities and services are the subject of a pose of the issuance of development orders and development binding executed agreement which requires the necessary fa- permits. A second policy may be included which adopts a cilities and services to serve the new development to be in higher level of service standard by a date certain to be utilized place or under actual construction not more than one year for the purpose of the issuance of development orders and per- after issuance of a certificate of occupancy or its functional mits. The specific date for this scccnd policy to become effec- equivalent,or five must be included in the plan. The plan must set forth the c. At the time the development order or permit is is- specific actions and programs for attaining the higher level of sued, the necessary facilities and services are guaranteed in service by the specified date. If the identified actions and an enforceable development agreement, pursuant to Section programs are not attained by the specified date,the local gov- 163.3220, F.S.,or an agreement or development order issued ernment comprehensive plan must be amended to specify the pursuant to Chapter 380, F.S., to be in place or under actual level of service standard that will be utilized and be binding construction not more than one year after issuance of a certifi- for the purpose of the issuance of development orders and per- cate of occupancy or its functional equivalent. [Section its. 163.3180(2)(b), F.S.[ 17 RULE 9J-5 (c) For transportation facilities (roads and mass transit minims impact and may not be subject to the concurrency designated in the adopted local government comprehensive requirements of Rules 9J-5.0055(3Xc)1.-4. of this Chapter, plan), at a minimum, a local government shall meet the fol- only if all of the following conditions are met: lowing standards to satisfy the concurrency requirement, ex- a. The development proposal in den- cept as otherwise provided in subsections (4)-(7)of this Sec- sity or intensity of less than or equal to twice the increase ensity or tion. intensity of the existing development, or for the development 1. At the time a development order or permit is issued, of a vacant the necessary facilities and services are in place or under con- four units f land,acreaa residentialonoe ident a of less than struction: or dwelling per or, for nonresidential uses, at an 2. A development order or _ subissuedJ intensity of less than 0.1 floor area ratio. Isolated vacant lots the conditions that the necessary failitiest rs and services needed a single family house would be the mostect to in predominantly built residential areasws��tiro ce nsUuction of to serve the new development are scheduled to be in place or developed for single familyale use, may be actual construction not more than � residential under the de minions an underce of a certificate of occupancythree years after issu- exception even if smaller than one quarter acre in size.or its functional equivalent b. The transportation impact of the as provided in the adopted local government five-year sched- ment alone does not proposed develop- as of capital improvements. The schedule of capital improve- dopel 0.1 of the maximum ser- tile mayrecognizeP P vice volume at the adopted level of service Bedard for the and include transportation projects.in- peak hour of the affected eluded in the first three years of the applicable,adopted Florida c. transportation lim Department of Transportation fiveThe cumulative total transportation impact from the pImprovementst Element must yeariwork program. ogramhe de minimus exemptions does not exceed three rcent stf the - policies: e following maximum service volume at the adopted level of service scan_ if the a. The estimated date of commencement of actual con- not meet the minimum level of service dard of the affected transportation facilitystandard,facility does struction and the estimated date of project completion. d. has adopted b. A provision that a plan amendment is required to prehensive p an pollocal icies forcrvete grantingsuch exemptions [Swithin it's[Sm- eliminate, defer, or delay construction of any road or mass tion 163.3180(6),FS.j ec_ transit facility or service which is needed to maintain the (4) LONG TERM adopted level of service standard and which is listed in the RENCY MANAGEMENT CONCUR- five-year schedule of capital improvements;orEI�`;�13T SYSTEMS. To correctexisting 3. At the time a development order or deficiencies in transportation facilities and to set priorities for the necessary permit is issued, reducing the backlog on facilities and services are the subject of a bind- ernments are authorized ttransportation ado , apart facilities, local gov- the executed agreement which requires the necessary facili- sivePt.ti a ofthe eym manage- ties and services to serve the new leve! plan, a long-term transportation concurrency manage- or under actual construction development to be in place merit system with a planning Period of to 10 no more than three years after meets the followingYes that the issuance of a certificate of occupancy or its functional n a long-term : equivalent;or (a) To implement a �ansportation concurrency 4. At the time a development order or management system, a local must designate in nceess facilities and services re permit is issued, the comprehensive plan specific areas where significant back- thecea essary alopment agreement,a pursuant in Section logs presently exist These areas must be deli neated on an with 163.3220, F.S.,or an agreement or development order issued adopted comprehensive plan map and must be consistent�� to other elementsdof the comprehensive plan including the fu- pursuantChapter 380,F.S., to be in place or under actual ture land use map. construction not more than three years after issuance of a cer- (b) The lon tificate of occupancy or its functional equivalent [Section be a f term concurrency management system mess- 163.3180(2)(c),F S.j financially feasible system to ensure that existinngg defi- 5. For the ciencies are corrected within the 10 year period and establish Purpose of issuing a development order or priorities for addressing Permit,a proposed urban redevelopment project located within backlogged facilities.scheduleThis may be a defined and mapped Existing Urban Service Area as accomplished by adopting a long-term of capital fished in the local government comprehensive plan estab- improvements for transportation facilities for up to 10 years to Section 163.3164(29), F.S., shall not be subjectptoothe for uleocapitalspecial T�long-teor- concurrency requirement of Rule 9J-5.0055(3Xc)1.-4.of this talion facilities transpor- concurrency well Chapter for up to 110 percent of the transportation impact as to acro correct existing shall provide re- generated - by the previously existing development For the alistic,financially feasibledevfundingelopment, system a ly purposes of this provision,a previously existing development available revenue rys rn based on currto ently the is the actual previous built use which was occupied and active scheduled improvements. The schedule must almust be so include the within a time period established in the local government corn- esti prehensive plan. [Section 163.3180(8),F. S. ��date of commencement of actual construction and 6. For the j the estimated date of project completion. This schedule may Purpose of issuing a development order or be relied on as a basis for issuing development permits which permit, a proposed development may be deemed to have a de meet concurrency requirement in lieu of the provision of Rule 18 RULE 97-5 9J-5.0055(3)(c)1.-4 of this Chapter. ment areas. Areawide level of service standards may only be (c) A policy in the local comprehensive plan that a plan established for facilities with similar functions serving corn- amendment shall be required to eliminate,defer,or delay con- mon ongins and destinations. Designation of each transpor- struction of any road or public transit facility or service which tation concurrency management area and establishment of is needed to maintain the adopted level of service standard areawide level of service standards within such areas must be and which is listed in the long-term schedule of capital im- supported by data and analysis in the local government com- prosements. if established. prehensive plan support document which: (d) As part of a long-term transportation concurrency 1. Demonstrate that the transportation concurrency management system, a local government may adopt policies management areas, as designated, are compatible with and in its comprehensive plan to establish interim level of service further the various portions and elements of the local compre- standards on certain facilities in long-term concurrency areas pensive plan. for the purpose of the issuance of development orders and per- 2. Provide a justification of the size and boundaries of mics in these districts. The local government may establish a each transportation concurrency management area for consis- schedule for achieving specified improvements in the interim tency with the purpose of this Subsection. level of service standards for intervals of time in the future. 3. Demonstrate that transportation concurrency, man- The plan should set forth specific actions and programs in- agement areas as designated contain an integrated and con- cluding a monitoring program for achieving the scheduled nected network of roads and provide multiple,viable alterna- improvements in the interim levels of service. This monitor- tive travel paths or modes for common trips. ing program should require that in the event that the identi- 4. Demonstrate the basis for establishing the areawide fled actions and programs are not attained as scheduled, the level of service standards and determine existing and projected local government comprehensive plan should be amended to transportation service and facility requirements that will sup- specify the default level of service standards that will be uti- port the established areawide level of service standard. lized and be binding for the purpose of the issuance of devel- 5. Demonstrate that the established areawide level of opment orders and permits. service and other transportation services and programs will (e) Local governments with a severe backlog of trans- support infill development or redevelopment portation facilities may request the Department's approval for 6. Demonstrate that the planned roadway improvements a planning period of up to 15 years for establishing a long- and other services and programs such as, transportation sys- term transportation concurrency management system which tern management(TSM)and/or transportation demand man- meets the requirements of Subparagraph 9J-5.0055(4)of this agement(TDM)strategies and incentives to use public transit Chapter. A local government seeking such an approval must (such as parking policies and provision of intermodal trans- demonstrate that its transportation backlog for existing devel- fers), will accomplish mobility within and through each opment cannot be adequately addressed with a 10-year plan. concurrency management area. In considering such a request,the department's analysis shall (b) Transportation concurrency management areas estab- include a comparison of the circumstances of the requesting fished pursuant to this subsection shall be delineated on the local government with the general situation facing similarly future conditions maps, including the future traffic circula- situated jurisdictions, using the following criteria: tion map or transportation map,as applicable,ofa local gov- t. The extent of the backlog. ernment comprehensive plan consistent with this Subsection. 2. Whether the backlog is on local or state roads. The areawide level of service standards and associated maxi- 3. The cost of eliminating the backlog. mum service volumes must be established as policies in the 4. The local government's tax and other revenue rais- comprehensive plan. Transportation concurrency management ing efforts. [Section I63.3180(9),F.S.I areas may transcend jurisdictional boundaries when appy (5) TRANSPORTATION CONCURRENCY MANAGE- priate and must be designated in each applicable comprehen- MENT AREAS. The purpose of this optional alternative trans- sive plan consistent with the provisions of this Subsection. A • portation concurrency approach is to promote infill develop- local government should coordinate with the Department of ment or redevelopment within selected portions of urban ar- Transportation, and if applicable, the metropolitan planning ens in a manner that supports the provision of more efficient organization when designating transportation concurrency mobility alternatives, including public transit. As a coordi- management area boundaries. nated approach to land use and transportation development,it (c) The local comprehensive plan shall contain objec- may employ the use of an areawide level of service standard lives and policies which specify actions and programs to pro- and an accommodation and management of traffic conges- mote infill development and redevelopment. A local govern- tion.A transportation concurrency management area is a corn- ment shall adopt and maintain an integrated and internally pact geographic area with existing or proposed multiple, vi- consistent transportation, land use, and capital improvement able alternative travel paths or modes for common trips. planning program for each concurrency management area to (a) An areawide level of service standard may be estab- maintain the established areawide level of service standard. dished for specified facilities, and must be maintained, as a (6) TRANSPORTATION CONCURRENCY EXCEP- basis for the issuance of development orders and permits within TION AREAS. The purpose of this flexible transportation one or more designated transportation concurrency manage- concurrency option approach is to reduce the adverse impact 19 RULE 9J-5 transportation concurrency may have on urban infill develop- infill area which meets the criteria of rule 91-5.0055(6)(a)1 a. ment and redevelopment and the achievement of other goals and b. which is established as a and policies of the state comprehensive plan,such as promot- the plan, or within an existingerg vice argeographic aphir area in ing the development of public urban service pursuant to transportation. Under limited Section 163.3164(29) F.S., established in the plan as a spe- circumstances, it allows exceptions to the transportation cificeo concurrency requirement in g graphic area which does not contain more than 40 specifically defined urban areas percent developable vacant land. The local comprehensive of a jurisdiction. The exceptions provide flexibility for plan shall contain objectives and policies which specify concurrent} management in order to encourage the applica- tions and programs to promote urban redevel A ac- tion of a wide range of planning strategies that correspondopment. A des- tion local circumstances drageof a ageographic ignated urban redevelopment area may include a Community with capply to all land uses antic geograp ice andarea. The Redevelopment Area established P types Redevelopment Act of 1969 when thesepursuant to the Community of facilities within expressly excepted areas. Local govern- urban infill area or an Existingareas exist within desig- ments must specifically consider the impacts of the exception nated in the local covUrbana Area as areas on the Florida Intrastate Highway System, pian (a) In order to exercise the 3. A specific area d��foal gov_ exception option of establishing a trans- ernment comprehensive plan for portation pti area,a local government must within the designated central downtowndistrictc revitalization pulnt designate in its comprehensive plana specific geographic area, Section 163.3164(25), F. � planas ll orr areas, of transportation concurrency exception, consistent contain objectives and comprehensive shall purpose of this Subsection. A proposed development grams to promote downtown actions and pro- with in a designated exception area shall not be subject totaltzatton excep- the requirements of Rule 9J-5.0055(3Xc)1.-4.of this Chapter. areas,Tote following the transportation on� y The designation of a tion the following requirements must be met transportation concurrency exception area 1. The transportation concurrency may include: exception areas, as 1. A specific geographic area, ordesignated, must be compatible with and further the various the local government comprehensive plan forareas, � portions and elements of the local comprehensive velopment pursuant to Section 163.3164(2';7,F.S. The local ce 2. The size and boundaries of each �', comprehensivenc urrency exception area must betransportation plan shall contain objectives and policies which analysis in the localsupported data and specify actions and programs to promote urban infill develop- which demonstrate 'h plan support is of this ment. An area delineated for urban infill development shall Subsection. A local consistencywith the coordinate withthie meet the following requirements. �should coordinate the an a. The area contains not more than 10 Department of Transportation and the teal percent develop ning organization when designating tr po do able vacant land. The developable vacant land shall not in- concurreion clung water bodies and land designated for conservation use, 3. �exception area boundaries. tran- natural reservations, public road rights of way,public recce- nsportation c°r 'e ` pp exception areas may adon sites,or related activities or uses deli scend�'�� boundaries when appropriate and must government's comprehensive plan as unavailable for devel- tentth thebe p i prn ovisions applicable tiensi' planco - opment. provisions elf this Subsection. b. For areas where residential use is the (c) To implement the mon concur ,extep- type use comprising a residential than 60 predominant tions, a local government should adopt as an amendment to open land,the averagepercent of the devel- its comprehensive plan, guidelines and/or policies which residential density shall be at least five specify programs to address dwelling units per gross residentially developed acre of land eas. Thetransportationneeds of such te- tue. For areas where nonresidential use is the predominate ��may�a wide range of strato- . type of use comprising greater than 60gies including,timing and staging plana;parking control and percent of the revel- pricing gn�� policies, demand management m- oped land,the average nonresidential density shall be at leastP a floor area ratio of 1.0 per gross nonresidentially developed ity of public systemn, ofc avananc- acre of land use. If neither residential nor nonresidential uses ing tools for the provision of utilizationrtioft v c s and fa- comprise greater than 60 percent of the developedtransportation services fa- land, then cilities. both the existing residential use and nonresidential use shall meet the appropriate density and intensity criteria (d) The guidelines and/or policies and programs imple- ' "gross developedprescribed menting a transportation concurrency exception area as re- above. The term acre"shall include all uses quired in the above associated with the predominant land use including paragraph(c), lysis,applicable,must demon- and drainage. open space, lamina landscaping parking, strafe by supporting data and analysis, including ties. and other support faciii- long range traffic analysis, that consideration has been short en to the impact of proposed development within the concurrency 2. A specific geographic area, or areas, delineated in exception area on the Florida Intrastate the local government comprehensive plan for urban redevel- TIHighway- R ROem. opment pursuant to Section 163.3164(26),F.S. Theplan must (7) CONCURRENCY EXCEPTION-FOR PROJECTS pur- show that the urban redevelopment area is within n THAT PROMOTE PUBLIC TRANSPORTATION. The urban pose of this flexible transportation concurrency option is to 20 RULE 9J-5 reduce the adverse impact transportation concurrency may hdYe (b) The following natural resources shall be shown on on the promotion of public transportation including goals and the existing land use map or map series: policies of the state comprehensive plan. Loca! overnments 8 I. Existingtti and planned public potable water wells and may exempt projects that promote public transportation as wellhead protection areas ; defined in Section 163.3164(28) F.S., by establishing in the 2. Beaches and shores, including estuarine systems; local comprehensive plan, guidelines and/or policies for the 3. Rivers, bays, lakes, floodplain, and harbors, granting of such exceptions. Those guidelines must demon- 4. Wetlands; and strate by supporting data and analysis, that consideration has 5. Minerals and soils. been given to the impact of the projects on the Florida Inter- state Highway System. The (c) The approximate acreage and the general range of guidelines must establish how a density or intensity of use shall be provided in tabular form project will qualify as a project that promotes public transpor- for the gross land area included in each existing land use cat- tation. egory. (8) PRIVATE CONTRIBUTIONS TO LOCAL GOV- ERNMENT CAPITAL IMPROVEMENT PL (d) If determined by the local government to be appro- ANNING. In priate, educational uses, public buildings and grounds, and order to exercise the option of issuing a development order or other public facilities may be shown as one land use category permit pursuant to Section 163.3180(11),a local government on the existing land use map or map series. must identify in the comprehensive plan a process for assess- (e) If the local government has determined it necessary ing, receiving,and applying a fair share of the cost of provid- to utilize other categories of the public and private use of ing the transportation facilities necessary to serve the proposed such categories of land use shall be shown on the existing development. The transportation facilities must be included land use map or map series, and clearly identified in the leg- in a financially feasible five-year Capital Improvement Sched- end. ule adopted pursuant to Section 9J-5.016 of this Chapter. The (f) The existing land use mapor assessment shall have a reasonable relationshipto the trans- e map ofland uses land shall: portation impact that is generated by the proposed develop- its boundaries; municipalities generalssshall also indicatef adjacent t- went. rated enclaves located within their corporaterPo- SPECIFICAUTHORITY 163.3177(9),(10)F.S. limits; SPECIFIC 163.3177(3).(6),(8),t9),(10).(I!)F.S 2. Identify any areas that fall within a designated area LAW HISTORY—New 11-22-89Amended of critical state concern, pursuant to Section 380.05, Florida Statutes;and 9J-5.0057 Transportation Concurrency Management 3. Identify any existing dredge spoil disposal sites for Arena. coastal counties and municipalities that have dredge RULEMABINGAUTHORITY 163.3177(9),(10)FSg spoil dis- LAWIMPLEMENTID:163.3161(3),163.3177 posal responsibilities. HISTORY—New 4-2-92,R (3),(6)'�)•(!O)FS (g) Population projections as prescribed in the general cpealed 3-23-94. requirements section of this Chapter. (2) Land Use Analysis Requirements. The element shall be 9J-5.006 Future Land Use Element. based upon the following analyses which support the corn- prehensiveThe purpose of the future land use element is the desig- plan pursuant to Subsection 91-5.005(2). (a) An analysis of the availability of facilities and ser- nation of future land use patterns as reflected in the goals,objectives and policies of the local government comprehen- vices as identified in the traffic circulation and sanitary sewer, SOud sive plan elements. Future land use waste,drainage,potable water and natural groundwater patterns are depicted on uifer recharge the future land use map or map series within the element � elements,to serve existing land uses included develop- (1) Existing Land Use Data Requirements.The element in the ordersdata requirements above and land for which shall be based upon the followingdata went have been issued; requirements pursuant (b) An analysis of the character and magnitude of exist- to Subsection 91-5.005(2). (a) The following generalized land uses or conditions ing vacant or undeveloped land in order to determine its suit- shall be shown on the existing land use map or map series: ability for use, including where available: 1. Gross vacant or undeveloped land area,as indicated 1. Residential use; 2. Commercial use; in Paragraph(!xb); 3. Industrial use; 2. Soils; 4. Agricultural use; 3. Topography; 5. Recreational use; 4. Natural resources; and 6. Conservation use; 5. Historic resources; 7. Educational use; (c) An analysis of the amount of land needed to accom- 8. Public u and modate the population, including: grounds' 1. The categories of land use and their densities or in- 9. Other public facilities; 10. Vacant or undeveloped land; and tensities of use, 11. Historic resources. 2. The estimated gross acreage needed by category,and 3. A description of the methodology used; 21 RULE 9J-5 (d) An analysis of the need for redevelopment includ- I I. Regulation of land use categories included on the fu- ing: ture land use ma or 1. Renewal of blighted areas, and P map series; subdivisions; signage; and 2. Elimination or reduction of uses inconsistent with areas subject to seasonal or periodic flooding; the conununi 2. Provision for compatibility of adjacent land uses; ty's character and proposed future land uses: 3. Provision that facilities and services meet the locally (e) An analysis of the proposed development and rede- established level of service con- velopment of flood prone areas based upon a suitability deter- current with the impactsdevelopment, and t t de mination from Flood Insurance Rate Maps, Flood Hazard orders and of development,or that developmentthe avavail- Boundary Maps,or other most accurate information available. ability of the facilitiesand servicare es conditioned to on the the pro- (f) For coastal counties and municipalities with dredge posed development;and that to serve spoil responsibilities,include an analysis of the need for addi- vice to the various land uses are authorizedt provide utility ser_ tional dredge spoil disposal sites through the long term plan- as the land uses are authorized; at the time ning period established in the plan. 4. Provision for (g) An analysis of proposed development and redevd- opendrainage and sto on-site tra management, con- opment based on recommendations, deemed space,andevehicle and convenient traffic flow,the local government, at�ropriate by sidering needexl parking the contained in any existing or future haz- 5. Provision of mixed land use dksigaation policies, if and mitigation reports. locally desired; (3) Requirements for Future Land Use Goals,Objectives appropriate Protection of potable water welIflelds by designating and Policies. (a) The element shall contain one or more goal state- tion areas,anenvironmentally is wellhead protec- ments which establish the long-term end toward which land 7. Establishment of sensitive land; use programs and activities are ultimately directed standards for densities or intensi- (b) The element shall contain one or more ties of use for each future land use category, (b) jectives for each goal statement which address the specire-ific 8. Identification,gripe,designation and protection of histori- tnents of Paragraph 163.3177(6)(a), Florida Statutes, and �9stgnificant p��and which: Designation of dredge spoil disposal sites for cant- which: Coordinate future uses ties and municipalities located in the coastal area and include pography and soil conditionstland and thewiththe appropriate to- the criteria for site selection establishedin consultation with and services. availability facilities navigation and inlet districts and other appropriate state and 2. Encourage the redevelopment and renewal ofblifederal agencies and the public. Site selection criteria shall areas; ghted ensure sucient sites to meet future needs,be consistent with 3. Encourage the elimination or reduction of uses in- lisenvie amen leamentsnd natural resources protection policies� consistent with the community's character and future land uses; and planmeet reasonable cost 4. Ensure the protection of natural resources and his- (4) Future Land Use Map. toric resources; (4) Future Use Map. (a) The proposed distribution,extent,and location of the S. Coordinate coastal planning population densi- following generaliz land uses shall be shown on the future appropriate local or regional hurricane evacua- land use map or map series: tion plan, when applicable; 6. Coordinate future land 1. Residential use; nation or reduction of uses that are�the elimr- 2. Commercial use; inconsistent with any in- 3. Industrial use; teragency hazard mitigation report recommendations that the 4. Agricultural use; local government determines to be appropriate; 7. Coordinate with any appropriate resource planningS. Recreational use; and management plan prepared pursuant to Chapter 380, 7_ Educational use; Florida Statutes,and approved by the Governor and Cabinet; Educational use; 8. Discourage the proliferation of urban8• Public buildings and grounds; 9. Ensure the availability of suitable land forutilityfa- 9.wl; Other public facilities;and cilities necessary to support proposed development; 10. Historic r perti meriting protection.designated liistori- 10. Encourage the use of innovative land development catty significant Transportation Frees Fon. regulations which may include provisions for planned unit aries, if any such areas have been concurrency management area bound. developments and other mixed land use development tech- niques;and (b) The following natural resources or conditions shall 11. Ensure the availabilityof dredge be shown on the future land use g spoil disposal sites I. Existing and plannedpublic or map series: for coastal counties and municipalities that have spoil dis- wellhead protection areas; potable waterwetls and poral responsibilities. 2. Beaches and shores, including (c) The element shall contain one or more policies for 3. Rivers, bays, lakes, floodplains,and ha bors; each objective which address implementation activities for the: 4. Wetlands; and and hors; 22 RULE 9J-5 5. Minerals and soils; and the future land use map and associated objectives and poli- 6. Coastal high hazard areas. cies.represents the focal point of the local government's plan- (.) Mixed use categories of land use are encouraged . If rung effort. Paragraph (5)(i) describes the unique features used.policies for the implementation of such mixed uses shall and characteristics of each jurisdiction which provide the con- be included in the comprehensive plan,including the types of text of the analysis and which are needed to evaluate the ex- land uses allowed, the percentage distribution among the mix tent,amount or frequency of an indicator and the significance of uses. or other objective measurement, and the density or of an indicator for a specific jurisdiction. Para intensity of each use. recognizes that land use plans generallymay be significantly (d) If determined by the local government to be appro- affected by other development policies in a plan which priate, educational uses, public buildings and grounds, and serve to mitigate the presence of urban other public facilities may be shown as one land use category on the land use plan alone. P sprawl indicators based on the future land use map or map series. Paragraph (SXj)gibes devel- (e) If the local government has determined it necessaryopment controls presencewofch spraway be used by a local government to mitigate the sprawl. to utilize other categories of the public and private use of land, (f) Analysis components. Subsection such categories of land use shall be shown on the future land how the analysis components described in S (5)(k) describ use map or map series. ut>sactions(5)(h)hs) (5) Review se Plans and Plan Amendments for Discoid_ through(5)(j)are combined in a systematic way to determine aging the Proliferation of Urban Sprawl. the presence of urban sprawl indicators. (a) Purpose. The (g) Primary indicators. The primary indicators that a purpose of this subsection is to give plan or plan amendment does not discourage the proliferation guidance to local governments and other interested parties of urban sprawl are listed below. The evaluation of the pres- about how to make sure that plans and plan amendments are ence of these indicators shall consist of an analysis of the plan • consistent with relevant provisions of the state comprehen_ or plan amendment within the context of features and charac- sive plan, regional policy plans, Chapter 163, Part II, F.S., teristics unique to each localityin order to and the remainder of this chapter regarding discouraging ur- determine whether ban sprawl, including � g the plan or plan amendment: provisions concerning the efficiency of 1. Promotes,allows or designates for development sub- Iand use, the efficient provision of public facilities and ser- stantial areas of the jurisdiction to develop as low-intensity, vices, the separation of urban and rural land uses, and the low-density, or single-use development or uses in excess of protection of agriculture and natural resources demonstrated need. (b) Determination.The determination of whether a plan 2. Promotes, allows or designates significant amounts or plan amendment discourages the proliferation of urban of urban development to occur in rural areas at substantial sprawl shall be based upon the standards contained in this distances from existing urban areas while leaping over unde- subsection. veloped lands which are available and suitable for develop- (c) In general. The discouragement of urban sprawl ac- ment complishes many related planning objectives. The purpose of 3. Promotes, allows or designates this subsection is to provide a general methodology for exam- in radial,strip, isolated or ribbon paeurban development tris generally emanat- ining whether or not a plan or plan amendment discourages ing from existing urban developments the proliferation of urban sprawl. This subsection is orga- 4. As a result of premature or conver- nized into twelve paragraphs,Paragraphs(5Xa)throughS poorly plannedt and Nothingin this ( )(1)• Sion of rural land to other uses,fails adequately to protect and paragraph (5) shall be interpreted to require conserve natural resources, such as that a local government submit information beyond the infor- native vegetation, environmentally8onatural oration required by other provisions of this chapter. areas, areas, natural groundwater aquifer recharge lakes,rivers,shorelines, (d) Use of indicators. Paragraph(5)(g) describes those beaches, bays, estuarine systems, and other significant natu- aspects or attributes of a plan or plan amendment which,when ral systems. present, indicate that the plan or plan amendment may fail to 5. Fails adequately to protect adjacent agricultural ar- discourage urban sprawl. For purposes of reviewing the plan eas and activities,including silviculture,and including active for discouragement of urban sprawl, an evaluation shall be agricultural and silvicultural activities as well as passive agri- made whether any of these indicators is present in a plan or cultural activities and dormant, unique and prime farmlands plan amendment. Ifan indicator is present,the extent,amount and soils. or frequency of that indk gator sl all be considered. The pres- 6. Fails to maximize use of existing public facilities and ence and potential effects of multiple indicators shall be con- services. sidered to determine whether they collectively reflect a failure 7. Fails to maximize use of future public facilities and to discourage urban sprawl. services. (e) Methodology for determining indicators. Paragraphs 8. Allows for land use patterns or timing which dispro- (5)(h)through(5)(j)describe the three major components of a portionately increase the cost in time, money and energy, of methodology to determine the presence of urban sprawl indi- providing and maintaining facilities and services, including cators. Paragraph(5)(h)describes how land use aspects of a roads,potable water,sanitary sewer,stormwater management, plan shall be analyzed. The land use element, including both law enforcement, education, health care, fire and emergency 23 RULE 9J-5 response. and general government. t controls. in the 9. Fails to provide a clear separation between rural and comprehensive noplannmay affect the�detterminations inelopment (5)(g) urban uses. above. The following development controls,to the extent they 10. Discourages or inhibits infill development or the re- are included in the comprehensive plan, will be evaluated to development of existing neighborhoods and communities. determine how they discourage urban sprawl: 11. Fails to encourage an attractive and functional mix 1. Open space requirements. of uses. 12. Resultsin poor accessibility among linked or related 2. Development clustering requirements. land uses. 3. Other planning strategies, includingthe went of minimum development density establish- land Results in the loss of significant amounts of funs, in the and intensity, affax_ tionl open space. g pattern and character of development 4. Phasing of urban land use types, densities, (h) Evaluation of land uses. The comprehensive plan ties,extent,locations,and distribution over time,as imp must be reviewed in its entirety to make the determinations in through the permitted Changes in land use within (5)(g) above. Plan amendments must be reviewed individu- land use category in the plan, each urban ally and for their impact on the remainder of the plan. How- those changes. ry timing and location of ever,in either case,a land use analysis will be the focus of the review and constitute the primary factor for making the deter- development id use locational, natrcriteriasrelatedandto the existing ser- minations. Land use types cumulativelyresources and facilities and(within the entire vices. jurisdiction and areas less than the entire jurisdiction,and in 6. Infrastructure extension controls,and infrastructure proximate areas outside the jurisdiction)will be evaluated based maximization requirements and incentives. on density, intensity, distribution and functional relationship, 7. Allocation of the costs of future including an analysis of the distribution of urban and rural on the benefits received development based land uses. Each land use type will be evaluated based on: 1. Extent. 8• The extent to which new development pays for itself 2. Location. 9. Transfer of development rights. 3. Distribution. 10 of development rights. 4. Density. 11. Planned unit development requirements. 5. Intensity. 12. Traditional neighborhood developments 6. Compatibility. 13. Land use functional relationship linkages and mixed 7. Suitability. landuses. 8. Functional relationship. 14. Jobs-to-housing balance requirements. 8. Land use combinations. 15. Policies specifying the circumstances under which planning future amendments could designate new lands for the urban- 10. Demonstrated need over the p 8 period. izing area (i) Local conditions. Each of the land use factors in 16.(5)(h) above will be evaluated within the context of features tivity cension for new towns, rural villages or rural no- and characteristics unique to each locality. These include: 17. Effective functional buffering requirements 1. Size of developable area. 18. Restriction on expansion of urban areas, 2. Projected growth rate (including population, tom- 19. Planning strategies and incentives which promote the agriculture). continuation of productive agricultural 3. Projected growth amounts (acres per land use cat- tion of environmentally sensitive lands.areas a the protec- rY)• 20. Urban service areas, 4. Facility availability(existing and committ S. Existin °�• 21. Urban growth boundaries. 8 paw of development (built and vested), 22. Access management controls. . including an analysis of the extent to which the existing pat. tern of development reflects urban (k) Evaluation of factors. Each of the land use types and 6. osprawl. land use combinations Projectedgrowth trends over the planninganalyzedted within econtext i n Paragraph (5)and above eluding the change in the overall density or intensity ofurban acteristioe f the locality, individually oa t de t together schat- development throughout the jurisdiction. and (as appro- priate), as listed in Paragraph (5x1). If a local government 7. Costs of facilities and services, such as per capita has in place a comprehensive plan found in compliance, the cost over the planning period in terms of resources and en- Department shall not find a plan amendment to be not in com- epliance on the issue of discouraging 8. Extra jurisdictional and regional growth character- cause of preexisting indicators if the amendment doeslnot ex- istics. 9. Tr acerbate existing indicators of urban sprawl within the juris- ansportation networks and use characteristics(ex- diction. rating and committed). (1) Innovative and flexible 10. Geography,topography and various natural features strategies. Notwithstanding and as a planning means of anddevelopment an of the jurisdiction. Y provisions contained in rules 91-5.006(3)(b)8., 9J- 24 5.01!(2)(b)3.. 9I-5.003 I t0 RULE 9J-5 ( )and this subsection, the Depart- efficient operating ad- mens encourages innovative and flexible planning and devel- opment strategiesouresand vve land use 1 aanalysis condltions dor thee adopt orf. r ice clition, this analysis shall consider ado o local plans. Planning Panning techniques standards, improvements, ex pled level of B strategies and techniques such as service urban villages, new towns, planned for in the Florida De pensions and new facilities met- allocations. clustering and satellite communities area-based Year TranPaplans of T pen space provisions, mixed- Transportation Plan and the Plans of the appropriate S- developmentand sector 1 use ropolitan planning organization. PPropriate met. planning that allow the conversion of 85frTraffic rural and agricultural lands to other uses while protecting (3) Requirements for environmentally sensitive8 fives Circulation Goals, pbj�_ areas, maintainingand Policies. viability of agricultural and other the economic (a) The element shall con viab, and agculfor e Predominantly rural land ments whichtaone or more goa! state. providing cost-efficient delivery of public circulation establish the long-termiend t facilities and services, will be recd programs and activities are��• which traffic recognized as methods of dis- (b) The element coura8zng urban sprawl and will be determined consistent with shall contain one or� �• the ragin provisions the state comprehensive be delve t jives for eachthe req ob- the pr Chapter the Part Pan,regional policy meats of Para goal statement which Florida require- II, and this chapter regarding dis- which: Paragraph 163.3177(6)(b), Statutes, and couraging the proliferation of urban sprawl. courag7CAGTHORITY 163.31771. Provide for a Safe, convenient and LAW SPECJl7CAUT'�'7ED:163,31771:$).(10)� efficient motor- H1STORY—NeN 3-6-86 Amended 10.20.86,f-2-92,3-23-94,5-18-94, ized transportation system; 2. Coordinate the traffic Gin on system with the fu- 9J-5.007 Traffic Circulation Element ture land uses shown on the future land use The purpose of the map or map Se- traffic circulation element is to estab- lish 3. Coordinate with theplans fish the and projectedand programs of any lishithe desired and transportation system in the ju- PruPriate metropolitan Planningtrans- portation to plan for future motorized and authority, any appropriate resource any public non-motorized traffic circulation systems. Future traffic sir- managementplan 0e Planning and solation systems are supported Status Prepared pursuant to Chapter 380,Florida PPorted by goals, objectives and poli- Florida ,and approved by the Coverer and Cabinet,and the cies,and are depicted on the proposed traffic circulation map Florida De or map series within Hent of Transportatdon'a 5-Year Transpona_ the element tion Plan; and (1) Existing Traffic Circulation Data Requirements.The 4. Provide for the protection of existing element shall be based upon the following data ri pursuant to Subsectionrequirements ghts ef-way from building encroachme� and future 9J-5.005(2). (c) The element shall (a) The following features shall be shown on an existingeach objective which contain one or policiesorfor traffic circulation map or map series: address imPl activities for the: 1. Collector roads; 1 Establishment of level Serviat standards at 2. Arterial roads; hour for all roads within the local peak 3. Limited accessas provided by Subsection 9J-S.00S(3)and Subparagraph'sJ sdictio. facilities;and as pro ided . of this 91- 4. Ports, airports, rail lines, high speed rail lines, Intrastate Chapter. For facilities on the Florida related facilities, and ghway Systerq the local gcive sh�l adopt (b) The existing Florida Department of T the level of service standards established by roadway functional c nation Transportation by rule.For all other the future (b) classifications shall be utilized on the ex- governments circulation map or the future °n the future !sting traffic circulation map (c) The existingor map series. governments shall adopt quate level of senice on�'local shall identify then traffic circulationfork series map or map level of service dards• umber of traffic lanesstandards shall be adopted to serve ensureh (2) Traffic Circulation roadway, existing fciirty eaF � ovill be Fnmd to sern the went shall be Analysis Requirements. The ele- g and future land uses as demonstrated based upon the following analyses which sup- 2. data and analysis in the comprehensivebysupport- (2) the comprehensive plan pursuant to Subsection 9J- plate 5.005(2). 2. Control of the connections and access pow of drive- (a) An analysis of the existing traffic 91- ways roads to roadways; of service and system needs circulation levels Provision of safe and convenient on-site traffic flow, based upon existing design ca- considering needed motorized and non-r aorized vehicle park' pacities; most recently available estimates for average daily ing; trips; and accident frequency data, if available. The d shall address theanalysis 4• Establishment of measures for the need for new facilities,or expansions to pro- 5. of existing and future rights-of-way;acquisition and vide safe and efficient operating conditions on the roadway S. Consideration of bicycle and pedestrian network; and ways in the (b) An analysis of the projectedplanning of transportation facilities. and stem n traffic circulation levels (4) Future Traffic Circulation Map. eels based upon uses (a) The general location of the following shown service the future landmap Po the future land use or map series, addressing tures shall be shown on the future proposed fea- ofthe need for new facilities or expansions to provide safe andmap traffic Giron map or series: 25 RULE 9J-5 I. Collector roads; transitro 2. Arsenal roads; P grams and activities are ultimately directed. (b) The element shall contain one or more specific ob- 3. Limited access facilities; and jectives for each goal statement which address the require- 4 Ports. airports, rail lines, high speed rail lines, and ments of Paragraph 163.3177(7)(a), Florida Statutes, and related facilities. which: (b) Roadway functional classifications shall be utilized; 1. Address the provision of efficient mass transit and and may be subdivided into principal, major, or minor levels, paratransit services based upon existing and proposed major or urban and rural categories, if determined by the local gov- trip generators and attractors,safe and convenient mass tran- eminent to be appropriate. sit terminals,and accommodation of the (c) The future traffic circulation map or map series shall service population; needs of the identify the proposed number of lanes for each roadway. 2. Coordinate with anymass SPECIFIC AUTHORITY:163.31 77(9),(1 p)FS transit plans or plans for L4W AUTHOED:163.3177(1),(5),(6)(b),(8).(9),(10) transportation disadvantaged people, with the appropriate metropolitan planning organization, HISTORY—New 3-6-86,Amended 10-20-86organization,or publictransportation authority, the Florida Department of 91-5.008 Mass Transit Element. Transportation 5-Year Transportation Plan;and The purpose of the mass transit element is to provide di- 3• Provide for the protection of existing and future mass rection to local governments, with populations of 50,000 or transit rights-of-way and exclusive mass transit corridors more, in their designation of future mass transit system fea_ (c) The element shall contain one or more policies for tures. each objective which address implementation service (1) Existing Mass Transit Data Requirements. The ele- ment shall be based upon the following data requirements Y locally desired tb level loovern- standards for mass transit systems which the local govern- pursuant to Subsection 91-5.005(2). mens maintains or improves;and (a) The following features shall be shown on the exist- 2. Establishment of measures for the acquisition and ing mass transit map or map series, or on the existing traffic Preservation of existing and future mass transit rights-of-way and exclusive mass transit corridors. circulation map or map series: 1. Mass transit routes or service areas; (4) Future Mass Transit Map. 2. Mass transit terminals; and (a) The general location of the followin 3. Mass transit rights-of-way or exclusive mass transit tures shall be shown on theg fea- carridors. PmP°�mass transit map or trap series, or on the proposed traffic circulation map or map se- (b) The existing mass transit map or map series shall ries: identify major trip generators and attractors based upon the 1 Mass transit service areas; existing land use map ormap series. 2. Mass transit terminals;and (2) Mass Transit Analysis Requirements. The element 3. Mass transit rights-of-way or exclusive mass transit shall be based upon the following analyses which support the corridors. comprehensive plan pursuant to Subsection 9J-5.005(2). (b) The proposed mass transit (a) An analysis of existinidentify tripmap or dsupons the and system.needs mass transit levels of service �3' major generators and attractors based the based upon the existing number of vehicles, future land use map or map series. service frequency;ridership,and revenue by made. major trip SPECIFICAUTHORITT:163.31771,(10F F . generators and attractors;percent of auto ownership; HISTORY ....IMPLEMENTED:163.31 77(4(5).(6)f+).(7)(a),(M.(9),(10)FS lation characteristics includingsize, P, PoW- HISTORY—New 36-86,Amended 1020 d6, income,age and special needs;and _ (b) An analysis of projected mass transit levels of ser- ment,J 5.009 Ports, Aviation, and Related Facilities Ek- vice and system needs based upon future land uses as shown on the future land use map or map series,and projected The purpose of the ports, aviation,and related facilities popu- lation size and characteristics. In addition, this analysis shall lations of 50,ent is to p000 or morovide re,in their designationn to local governments with considerthe adopted level of service standards,improvements, aviation,or related facilities of future ports, expansions, or new facilities planned for in the Florida De- system features. Require- partment of Transportation 5-Year Transportation (1) Ports,Aviation,and Related Facilities Data the plans of ther appropriate Transportation metropolitan Plan and meets. The element shall be based upon the following data planning organza- requirements pursuant to Subsection 91-5.005(2). tion and should,to the maximum extent feasible as determined exist- by the local government adopting the local government corn- in (a) The following features shall be shown on the prehensive plan, be compatible with the policies and guide- on the exiistin aviation,ports, and rculrelatati fn map mapormap series,or lines of such plans. 8 traffic circulation or map series: (3) Requirements for Mass Transit Goals,Objectives and tions! Airport facilities including clear zones and obstruc- Policies. (a) The element shall contain one or more goal state- 2. Port facilities;and 3 Adjacent land uses meets which establish the long-term end toward which mass (b) A diagram shall probe pro natural resources vided to: 26 RULE 9J-5 i. Identify the existing points of port or airport facility coastal m ingress and egress for surface anagement. and conservation elements: 2. Ideegre existing asportation: and 2. Mitigation of adverse structural other modes of surface port or airport facility access to all impacts from non-structural or water transportation includingroad- ports. airports. or related facilities upon ways, rail lines. high speed rail lines. navigational channels, cent natural resources and land uses: Po ad�a- and related facilities. 3. Protection and conservation of (2) Ports, Aviation and Related Facilities Analysis Re- water 4. Coordinated intermodal natural resources. quirements. The element bemanagement of surface and based the following transportation; and analyses which support the shallbe based comprehensiveupon 5. Protection of ports,airports,or related Subsection 9J-5.005(2). planpursuant to the encroachment of incompatible land uses. facilities from (a) An analysis of existing ports, airports,or related fa- (4) Future Ports, Aviation, and Related Facilities Map. ciliti(a service and system (a) The general locations of the following freight and demandausage,ystemneedsbased upon fin- tures shall be shown on the proposed proposed fre- economy; communityneeds, and the local lated ports,aviation, and re- ger, facilities map or seri or on the proposed (b) An analysis of proposedcirculation map or r es' P Posed traffic facilitiesbservicendemand and ports, airports, or relatedP series: I. Airport facilities and expansions including clear jetted population,future land system needs addressing pro- zones and obstnictions; P uses as shown on the future land 2. Port facilities and expansions; and use map or map series,proPRSed traffic circulation features as shown on the proposed traffic circulation map or map3, Adjacent land uses od natdral and adjacent natural resources;and sena (b) A diagram shall be pprovided to: (c) An analysis of the need for additional dredge 1. Identify the proposed points of port or disposal sitesnforexistingofand proposedg spoil ingress and egress for surface airport facility ports, expansions of 2. Identify transportation;and ports and related facilities,and any navigational maintenance other proposed and owater airport facility,access tod allg dredging, modes of surface (3) Requirements for Ports, Aviation, and Related Fa- roadways, rail lines, high transportation gti including speed rail lines, navigational chan- cilities Goals, Objectives, and Policies. and related facilities. (a) The element shall contain one or more /.ay/ AuTHOR/r> /63.31» goal State- LEAfEhTED:163.31771,(. ,(6 FS merits which establish the long-term end toward which f 1 (sJ.r6)frJ.orb).�$J.ryJ.(10)F'S Part, HISTORY—New 3-6-86.Amended 10-20-86 3-23-94. aviation, and related facilities programs timately directed P TSS and activities are ul- (b) The element shall contain one or more 91-5.010 Housing Element jectives for each goal statement which address specific requcal ire- meet purposeThe onment of this element is to provide guidance to Jo- develop he merits of Paragraph 1statem 7('7whi Florida Statutes, and meet identified or projected pmappropriate policies to which: for moderate income,low i nw in the in ofm housing 1. Coordinate the expansionholds, income,and very loss incoriie house_ of existing or new facility • group homes,foster care facilities,and households with siting of ports, airports, related facilities with the future housing needs,includingrural and land use, coastal management, and conservation elements; 8 plans and policies shall worker hum. address 2. Coordinate the surface tivtas well ast provide direction and government ac- airports, or related facilities with transportation access to parts, assistance to the ef- traffic circulation rys- Riftsof the private sector, tern shown on the traffic circulation maps or map series; (I) Housing Element Data • 3. Coordinate with any ports,aviation,or related fad_ shall be based upon the following Requirements. The element ties plans of the appropriate ports, aviation or related facili. to Subsection 9J-5.005(2). ements int ties provider, United States Army Corps of Engineers, Fed- States inventory taken from the latest eral Aviation Administration, metropolitan planning o _ States Census or more recent estimates, decennialUnited ration, military services or P g rganr able housingneeds including the afford- mentplan prepared resource Planning and manage- assessment, when available, which shall Pursuant to Chapter 380,Florida Statute include the number and distribution of dwelling units by type, and approved by the Governor and Cabinet, the Florida De- and age,rent,value, amonthlyrata partment of Transportation of owner-occupied units, 5-Year Transportation Plan, and and rent or cost to income ratio, char- the Florida Aviation System Planning Process as '(b) Each municipality shall compare Continuingadoptoandacteristics in Paragraph gn those ythe housing ci4. Ensure that si (a)deemed s+gnificas by the munici- access routes to ports,airports,or related Pality with those housing characteristics of its county. facilities are properly integrated with other modes of surface (c) An inventory using data from the latest decennial or water transportation. United States Census,or more recent estimates, affordable housingneeds including the (c) The element shall contain one or more policies for assessment, when available, cat- eachshow- objective which address implementation activities for the: trig the number of dwelling units in each of the following egories:lacking complete plumbing; 1. Promotion of ports,aviation,and related facilities de- lacking complete kitchen and expansion consistent with the future land use, facilities; lacking central heating; and overcrowded. The in- velopmentventory shall include locally determined definitions of"stan- 27 • RULE 9J-5 dard" and of"substandard" housing conditions and shall in- government agencies to identify problems and opportunities; dude an estimate of the structural condition of housing within (f)Means for accomplishment of each of the following: the local government's jurisdiction,by the number and gener- I. The provision of housing with supporting tn alized location of dwelling units in standard and substandard ture for all current and anticipated future residents of the The inventory shall also include the methodology risdiction with particular emphasis on the creation or preser- used to estimate the condition of housing. vation of affordable housing to minimize the need for addi- (d) An inventory of renter-occupied housing develop- tional local services and avoid the concentration of affordable ments currently using federal,state or local subsidies.For each housing units only in specific areas of the jurisdiction; development listed, show the subsidy program, and number 2. The elimination of units. of sub standard housing conditions and for the structural and aesthetic improvement of housing; (e) An inventory of group homes licensed by the Florida 3. The provision of adequate sites for housing for very- Department of Health and Rehabilitative Services, including low-income, low-income and moderate-income households, the type, number, generalized location and capacity. and for mobile homes; (f) An inventory of existing mobile home parks licensed 4. by the Florida DepartmentThe provision of adequate sites in resiidea�tial areas of Health and Rehabilitative Ser- or areas of residential character for group homes and foster vices and mobile home condominiums,cooperatives and sub- care facilities licensed or funded by divisions including the generalized location and i es;andhe Department of (g) An inventoryofhisto ' capacity. Health and Rehabilitative Services;and historically significant housing listed S. The identification of coni on the Florida Master Site File, National Register of Historic demolition activities, and historicallyn, rehabilitation or Places or designated as historically significant by or in actor- neighborhoods. y housing or dance with a local ordinance,and shall include their general- (3) Requirements for Housing Goals,Objectives and Poli- ized locations. cies. (h) An inventory of the amount of housing construction activity affecting changes in the number of housing units within ments which) reestablish the lolement shall ng-term end ttain one urd which state- 1ous- the local government's jurisdiction based on new construe- ing programs and activities are ultimately directed, tion,conversions, mobile home placements,and removals,in number of units for the years since the latest decennial United (b) The element shall contain one or more specific oh- States Census. jectives for each goal statement which address the require- ments (2) Housing Analysis Requirements. The element shall provide for 163.3177(6)(f),Florida Statutes,and which be based upon following analyses which support the compre-plan pursuant 9J-5.005(2). P 1• The creation and/or preservation of affordable hous- Apursuant projection to the Subsectionanticiing for all current and anticipated future residents of the juris- (a) pated number of households diction,and households with special housing needs including by size and income range derived from the population projec- rural and farmworker housing; tions in Paragraph 9J-5.005(2Xe); (b) The !rousing treed of the current and anticipated fu- 2• The elimination of substandard housing conditions,Lure residents of the jurisdiction, and for the structural and> tlietic 9 Jp existing eui coon,incl iding an affordable bees- housing; ing needs assessment,when available,and including separate 3. A estimates of need for rural and farinworicer households low- dequata sites and distribution of housing for very- ntimber,type,cost or rent,tenure,and any other by income,low-income and moderate income households, ing needs, and shall include estimates for thespecial nous- and adequate sites for mobile and manufactured homes; housing units removed and for the maintenance of replacement of 4. Adequate sites in residential areas or areas of resi- an adegtiate dential character for group homes and foster care facilities vacancy rate. Each local government shall utilin the data licensed or funded by the Florida of and analysis from the state land planning agency's affordable Rehabilitative Department Health and housing needs assessment as one basis for the housingele- ' ment. The local government, at its option, may conduct its housing, including thetideo catio of histononservaon, rehabilitation or �calllly'siggnif- own needs assessment,provided that it uses the methodology cant housing; established by DCA in its rules; (c) The land requirements for the total estimated hous- 6. Relocation housing; and ing need; grams. 7• The formulation of housing implementation pro- (d) The portion of the housing need which can be pro- ) The element shall contn one or more pocies fo jected to be met by the private sector within current market eachobjective which address implementation activies for the: conditions.The housing expected to be supplied shall be shown 1. Involvement, including gov- by type, tenure,cost or rent,and income range of households ernment with the private and non-profit sectors to erships, of improve served; (e) The existing housing delive coordination among participants involved in housing produc- ry system, including the tion; private sector housing delivery process, with regard to land, 2. Specificro grams and actions to services. financing, regulations and administrative roles of mitting process and minimizee costs and delaays for housing, 28 • especially affordable housing; RULE 9J-5 Establishment of (b) Local standards addressing the qualityof areasgo`'errunents whichprovide housing, stabilization ofnei g within other local facilities toal serve 3.housing. stab of tion historically significant and identification and address those facilities in the data anjurisdictions shall also 4 Establishment of 8 cant housing: this subsectiohrequiplred by principles tofor usingeoe from prthojecting inncomprehensive needs for habilitation and demolition program guide conservation,re- those areas the purpose of ro� glen: P 8mm techniques and strafe- quired in this subsection. P !acting facility needs re- s. Establishment of principles and criteria (c) For shared facilities,each local location of housing for very-low-income low-income and guiding the dicate the government cafe in- 5. Proportional capacity of the systems allocated to erste-income households,mobile homes, mod- serve its jurisdiction. .. group homes and foster care manufactured homes, (d) Public and private sanitary special housingneedses, and households with facilities, drainage facilities, and potablr e water solid waste including rural and farmworicer house- defined in holds• and includingSection 9J-5.0()3 shallpotable qtr facilities, as cilities. supporting infrastructure public fa- be identified (e) The following data shall be included for the facilities identified above: 6. Establishment of principles and criteria consistent with Chapter 419, F.S., guiding the location of1' entity having operational and foster care facilities licensed orgroup homes facility; responsibility for the i and of re facilities and Rehabilitativeeedofunded by the Florida De- 2. The geographic service discrimination,t Services that foster non- areavof the facility and encourage the development of COMM- Predominant types of land uses served the nity residential alternatives to institutional 3. The designcapacitybye': institutionalization including 4. Thecurrent of the facility; supporting infrastructure and public facilities: demand on the facility capacity; 7. Utilization t federal, 5. The level of service and state and local subsidy pro- provided by the facility. grams: (f) Existing and projected sanitary 8. The utilization of job trainingmage and potable water facility sewer, solid waste, noetic solutions to job creation and eco- based on the following needs shall be identified address a portion of their affordable boos- analyses: ing concerns is an optional policy encouraged by s. 1. A facility capacity analysis, 163.3177(6)(01.g.;cernarea, indicatingY s' geographic service capacity surpluses and deficiencies for: 9. Provision housing,and a. Existing conditions, based on the 9. Confirming of relocationt arrangements s with pacity and the current demand on the facility apoity design ca- governments concerningaffordableother local b. The initial increment of the ply; govern y be�ing. If it is not eco- five years in length,based on the planning period,at least jurisdiction feasiblebto of meetunaffordable housing needs within its local level of service projected�� irrom Y high property values withined by localofor the rnp en,resulting from its jurisdiction, or if meeting that demanddevelopment permitted by tion wouldrequire within its jurisdic- population, use distributions as unmated the projected the direction ofland high hazardold areas, a local digrection populations toward coastal land use element, s capacitypainithe future may satisfy this crite• andn available surplus identified in non by having entered into an interlocal a the existing conditions capacity anaIysi�and nearby local government; and agreement with a c. The remaining increment of theplanning 1 I. within its ' the same manner as the initial incremental a ly' in, sufficient densitiesDesignating to jurisdiction sufficient sites at using the appropriate projectecapacity�y�' housing over the planning tun odate the � for affordable use distributions for the incrementon vai future land 7CAUTHORITY°163.9177 alfive-year and any available cap1US t9) aro capacity identified in the initial five year incremental capac- UW IIIIPLEAIEIVTID:163.3177(1),(S),(6)0.(419).(10)FS ity analysis;. HISTORY—New 3-6 86,Amended 1020-86 3-23-91.3-18-91. 2. The general performance of existing existing facilities,based 9J-S,Oii Sanitaryevaluating the adequacy of the current Management, PotablSewer,eand SolidWaste, Stundwaterlevel of service provided by facilities, the criers! Natural Groundwater expected life of the facilities, the8 cendition Aquifer Recharge Element. and impact of the facili- ties upon adjacent natural resources; The t i and servtalement is to provide for ces correlated to future land sanitary analysis. An of the problems and opportunities for factions. use pro- sewer, solid waste,drainage and potable water facili- public(1) Sanitary ties replacement,expansion and new facility siting and Lary Sewer, Solid Waste, Stormwater Manage- an An analysis of soil surveys for areas by Septic charge Element Data and tanks and an e lanation of suitability of those soils for such Analysis Requirements. The ale- facilities shall be included,based upon best available data from ment shall be based upon the following data and analysesre- tion United States quirements pursuant to subsection 91-5.005(2). re tion Service Department of Agriculture, Soil ground- (a) Conserva- Each local government shall address in the data and (8) Major natural drainage features and natural analyses required by this subsection those facilities which pro- jurisdiction aquifer recharge service within the local government's jurisdiction. p jurisdiction shalt be identified and a the local government's topographic map if avail- vide29 RULE 9J-5 able shall be included depicting any areas adopted or identi- in formulating water quality standards and may adopt by ref- fled by the regional water management district governing board erence Chapter 17-25, F.A.C., as as pnme or high groundwater recharge areas. standards for water quality b. This chapter shall not be interpreted or applied to: (h) Existing regulations and programs which govern land i. Mandate that local governments require existing fa- use and development of natural drainage features and ground- cilities to be retrofitted to meet stormwater discharge water water recharge areas, or portions thereof, shall be identified quality standards or drainage level of service standards and assessed and the strengths and deficiencies in those regu- ii. Eliminate any presumption provided by state or re- lations and programs in maintaining the functions of the natu- gional law or regulation that storrnwater management sys- ral drainage features and groundwater recharge areas shall be tems which satisfya ro assessed. PP priate state or regional regulatory design and performance criteria also satisfy applicable (2) Requirements for Sanitary Sewer,Solid Waste,Drain- stormwater discharge water age, Potable Water, and Natural Groundwater Aquifer Re- iii. Prevent local quality om providingrov' ctrarge Goals, Objectives, and Policies. pligovernments from that�- (a) The element shAtl contain one or more goal state- of�a � adequate locally or regionally established level ments for each of the facilities or resources addressed in this criteria of� other, than ., performance to element which establish the long-term end toward which pro- satisfyChapter stormwater17discharge F.A.C., shall also be presumed grams and activities are ultimatel• y directed. the water quality . (b) The element shall contain one or more iv. Prevent local governments from incorporating by ref- specific ob- erence stormwater management water quality mrd exen- jectives for each goal statement for each of the facilities or tions to the extent th resources addressed in the element which address the require- g �'appear in state or regional stormwater ments of Paragraph 163.3177(ti)(c), Florida Statutes, and �� ement water quality laws or regulations. which: Mandate that local governments conduct water qua!_ 1. Address correcting existing facili ity sampling or testing of stormwater discharge receiving wa- w. Address rectincoordinatingty deficiencies; ters to implement the standards described in this subsection. the extension of,or increase in SPECIFIC AUTHORITY 163.317'7 the capacity of, facilities to meet future needs; MirIMPLEMFMED;163.31771 )3).(6� 3. Address maximizingHISTORY— O f) Of) (sl.(9).(l o)FS the use of existing facilities and New 3-6.86,Amended 10-20-8Q 5-18-94. discouraging urban sprawl; 4. Address conserving potable water resources;and 9J-S.012 Coastal Management. ap- 5. Address protecting the functions of natures! ground_ The purpose of this element is to plan for and where whereacti water recharge areas and natural drainage features. propriate restrict development activities rotect hu- (c) The element shall contain one or more policies for would damage or destroy coastal ranh �''ae- each objective for each of the facilities or resources addressedman life and limit public expenditures in arras thpai arcane sub. in the element which address implementation activities for: ject to destruction by natural disaster. I. _ Establishing priorities far replacement,correcting ex- (1) Local governments required by law to prepare a fisting facility deficiencies and providing for future facility management element are listed In the needs: tided LGovernments ova!Govements Required to Includedocument en- Coastal pian_ 2. Establishingservice staagement Elements in their Com rehensive Plane"dated July and utilizing level of rudards p provided by facilities as provided by Subsection 9J-5.005(3) 1, 1986,and available from the Department request,The (b)3. of this Chapter, such as: loco!governments listed in the documenteat and any a. Average and peak flow designsanmunities that incorporateother coin- and Subparagraph 9J-5.015(3)sewer facilities; capacity forms the criteria in subsequent to July 1, 198b and meet Chapter 380.24,Florida Statutes,shall include b. Design capacity for solid waste facilities; a coastal management element in their comprehensive plans. • c. Design storm return frequency for stormwater fa- (2) Coastal Management Data And Analysis Require, cilities capacity, meats. The element shall be based upon the following data d. Minimum design flow, storage capacity, and pees- and analyses requirements pursuant to subsection 9J-5.005(2). sure for potable water facilities; (a) Existing land uses in the coastal 3. Establishing and utilizingbe inventoried. Conflicts amongshoreline uses planning area shall strategies. Establishing and techniques;ni potable water conserve- shall to�_ quer;and lyzed and the need for water-dependent and water-related de- tion of rede- 4. Regulating land use and development to protect the velopment sites shall be functions of natural drainage features and natural velopment shall be identified.estimated.Any analysis ineas need ure land use ter aquifer recharge areas, groundwa- base of the coastal planningysis of the economic S. Establishingelement shall be included. A mapori on the water quality standards for stormwater map series showing ex- discharge. fisting land uses and detailing existing water-dependent and a. Water quality standards for stormwater discharge water-related uses shall be prepared. shall be set for all new and existing stormwater management (b) Inventories and analyses of the effect of the fixture land uses as required to be shown on the future land use map systems. These standards need not be the same for all sys_ terns. Local governments shall consider Chapter 17-40,F.A.C., or map series on the natural resources in the coastal area shall be prepared including: vegetative cover, including rn 30 RULE 9J-5 wetlands; areas subject to coastal flooding; wildlife habitat; renourishrnent areas. The analysis shall and living marine resources. Maps shall be prepared of veg- which could be and li cover. wildlifes habitat,eareasgo beaches or,measures subject to coastal flood- used stprotectror restore beaches dunes. ing. and other areas of (g) Public access facilities shall be inventors special concern to local government. ing: all public access point to the ne trough (c) An inventory and analysis of the impacts of develop- public lands. beach or shoreline through r mens and redevelopment proposed in the future land use de- other legal means;private property open to the beachnro) shoreline phor l e ment on historic resources and sites in the coastal planning access; g �' parking facilities for area shalln ealong with np areas designated serlook : acoastal ands and facilitiesdprovidigg scenico ooerlooks- for historic preservation. ;boat ramps;public docks; fishing (d) An inventory and analysis shall be preparedditiO� shoreline fishing piers;or othedtf the areas. The capacity c and aced for hrarine pollution conditions and actions needed tomaintain shall be shown own the mapor shall be��. Para- estuaries including:anPublic amass facilities and incan of assessment tofne�estuarine condi- graph (2)(a) as water maps series requiredby existing point and non-point ventories and analyses�shallllbet uses or facilities. recre- sourcere- pollution problems; an assessment of the impact of the ation and open coordinatedcuy with the sit- development and redevelopment proposed in the future land ing plan if space element and use element and the impactsadopted by the local government. use marina of facilities proposed in the traf- (h) Existing infrastructure fic circulation and general sanitary sewer,solid waste,drain_ shall be inclding: in the coastal age,potable water, and natural inventoried, including: roadways, planning area groundwater aquifer recharge ways, sanitary sewer facilities,potable waterbridges or cause- age, upon water quality, circulation patterns, and accu- mumtion of contaminantswaterqua in sediments; identification a n oa cuac- made drainage facilities, facilities, man- elements ishme t coastal je ts.shore protection tions needed to remedy existingstructures, and beach renoursshment Projects. The demand pollution problems;and iden- upon, capacity of and area served by the tification of existing state, regional and local regulatory pro- ture shall be anal esti- grams which will be used to maintainanalyzed. Analyses shall be existing u�uc environmental or improve estuarine mate future needs for those repared which c quality facilities listed above,and which (e) The following natural disaster planning concerns shall address the fiscal impact in terms of estimated costs, shall be inventoried or analyzed: funding sources and phasing of any nee ded 1. Hurricane evacuation planning (3) Requirements for Coastalprovcmeats' cane evacuation plan contained in the local on the hairs- jectives,and Policies. Management �� ' cane plan shall be plan c! peacetime emer- (a) The coastal management element analyzed and shall consider the hurricane or more goal statements which shall containrone vulnerability zone, the number of persons requiring evacua- toward which regulatoryestablish the long tion, the number of persons requiringand g term end public hurricane shel- management Legislature en- ter,the number of hurricane shelter These shall reflect the stated intent of the tern available,evacua- acting Section 163.3178,Florida S Lit in l routes,transportation and hazard constraints on the evacu- ratites,which is that develop- ation routes, and evacuation governments in their comprehensive plans >times. The projected impact of meat activities that would damage or the anticipated population density proposed in the future landg destroy use element and anyand protect human life and limitcoastal resources, special needs of the elderly,handicapped, subjectto public expenditures in areas hospitalized, or other special needs of the existing and antics- destruction by natural disasters'. Patel populations on the above items shall be estimated The (b) The element shall contain one or more specific ob- analysis shall also consider measures that the localgovern- jectives for each goal statement which address the ment require- analysis adopt to maintain r reduce hurricane meats of Paragraph I63.3177(6)(g) , evacuation Florida Statutes, ( X8) and Section 163.3178, times• and which: wet- 2. Post-disaster redevelopment including: l. ��conserve,or enhance remaining rocoastal high-hazard areas g existing and lands, living coastal a �land use in ,structures with habits• marine barriers, and wildlife history of repeated damage in coastal storms;coastal or shore t' qual- protection structures, infrastructure in coastal high-hazard2. Maintain or improve estuarine environmental areas;and beach and dune conditions.Measures sty; sh toeareduce exposure which could 3. Provide criteria or standards for prioritizing to hazards shall be analyzed, n g shore- becluding relocation, structural modification,and public us_ line uses,giving priority to water-dependent uSe,� sition. c4 4. Protect beaches or dunes,establish construction - 3. Coastal high-hazard areas shall be identified and the dards which minimize the impacts of man-made structures on infrastructure within the coastalahi beach or dune systems,and restore altered beaches or dunes; high-hazard area shall be 5. Limit public expenditures that subsidize inventoried.The potential for relocating threatened infrastruc_ levet to the lure shall be analyzed. permitted in coastal high-hazard areas subsequent to the (f) Beach and dune systems shall be inventoried and aria- element's adoption except for restoration or enhancement of Ivzed. including past trends in erosion and accretion, the ef- ��6, resources; fects upon the beaches or dunes of coastal or shore protection orpredicted population concentrations away from known structures, and identification of existingand coastal high-hazard areas; potential beach 7. Maintain or reduce hurricane evacuation times; 31 • RULE 9J-5 8. Prepare post-disaster redevelopment plans which will siding for siting water-dependent and water-related uses.es- reduce or eliminate the exposure of human life and public and tablishing performance standards for shoreline development. private property to natural hazards; and establishing criteria for marina siting, including criteria 9 Increase the amount of public access to the beach or consistent with the countywide shorelines consistent with estimated public needs; marina siting plan if adopted by the local government,which address: land use compatibil- 10. Provide for protection, preservation, or sensitive re- ity,availability of upland support services,existing protective use of historic resources;and status or ownership hurricane contingency 11. Establish level of service standards, areas of service tion of waterquality, water deenvironmental g o e planning, - and phasing of infrastructure in the coastal planning area. and mitigationactions, Pte' environnrlc udisruptions, ndc availability for public use, and eco. (c) The element shall contain one or more policies for noetic need and feasibility; each objective and shall identify regulatory or management 10. techniques for. Providing,continuing,and replacing adequate physi. cal public acxess to beaches and shorelines;enforcing public 1. Limiting the specific impactsand cumulative impacts access to beaches renourished at public expense; enforcing redevelopment upon wetlands,water qual- the ity, water quantity, wildlife habitat, living marine public access requirements of the Coastal Zone Protection and ate h and dune systems;eresources, Act of 1985; and providing transportation or ties for beach and shoreline access; Pn6facili- 2. Restoration or enhancement of disturbed or degraded 11. Historic natural resources including beaches andresource protection, including historic site !anus.and dunes,estuaries,�- identification and establishing performance standards for de- drainage systems;and programs to mitigate future velopment and sensitive reuse of historic resources; disruptions or degradations; 3. General hazard mitigation includingregulation12. The orderly development and use of deepwater ports, building practices, flood lain of if applicable,including how the local government shall coop- . p s, beach and dune alteration, erste with the stormwater management,sanitary sewer and water P to resolve problems in and proton. land use to reduce the exposure tanks,and talion, land use, natural and man-made exposure of human life and public and tion of natural ' P - privateproperty to natural hazards;and incorporating �o�s- dude a procedure to resolve in- private ofo the hazard mitigation the roc consistencies between the local government comprehensive annex of the local plan and the deepwater port master plan through the dispute peacetime emergency plan and applicable existing interagency resolution process as provided under s. 186.509, hazard mitigation reports. Incorporating recommendations utes, Floridn Stat- from interagency hazard mitigation which is to be utilized in the event the local government cretion of the local government; shall be at the dis- and a deepwater port are unable to resolve the inconsisten- 4. Hurricane cies; evacuation including methods to relieve 13. Ensuring that required infrastructure is available to deficiencies identified in the hurricane evacuation analysis, serve the development opment or redevelopment in the coastal plan- and procedures for integration into the regional or local evacu-ation plan; nig area at the densities proposed by the future land use plan, S. Post disaster redevelopment includingconsistent with coastal resource protection and�evacua- tingtrish between immediate policies to:dis- lion,by assuring that funding for infrastructure will be phased to protect t en and safety and cleanup actions needed to coincide with the demands generated by development or toprat redevelopmentbc health and long-term repair and development; the � modification .damaged ��04 or 14. Protecting estuaries which are within the jurisdi as deter- tion of more than one local c mined appropriate by the local government but consistent with for coordinating government, to ensure had- federal funding provisions and unsafe structures; limitingre- with other local government to ad- federal in areas of equate sites for water-dependent uses,prevent estuarine poi- development repeated damage; and, policies for lution,control surface water nuicc incorporating the recommendations of interagency hazard $protect living marine co- mitigation reports, as deemed appropriate by the local gov- tic act and exposure to natural hazards,and ensure pub- ernment,into the local government's comprehensive plan when 15. Demonstrating how the local government will coor- the plan is revised during the evaluation and appraisal pro- dinate with existing resource protection plans such as resource cess; 6. Iden ' planning and management plans, aquatic preserve manage- tifying areas needing redevelopment, including ment plans,and estuarine sanctuary plans. eliminating unsafe conditions and inappropriate uses as 1 arise; op- (4) Local governments within the coastal area that par- portunitiest'. Designating coastal high-hazard areas and limitingticipate in a countywide marina siting plan shall include the development in these areas; marina siting plan as part of this element 8. The relocation,n these mitigation (5) Port Master Plans for Deepwater Ports. A port mas- or replacement,as deemed ter plan shall be prepared by or for each deepwater port for the appropriate by the local government, of infrastructure pres- purposes of coordinating the activities of the port with the ently within the coastal high-hazard area when state funding plans of the is anticipated to be needed appropriate local government; determination of 9. Establishing priorities for shoreline land uses, pro- fo compliance does not imply conceptual appro by the State permitting purposes. 32 RULE 9J-5 (a) Deepwater ports shall prepare a submit to appropriate ll r g port master plan and tin', public access, historic resources, and the land use and tion as ita pan the appropriate coastalovernment for incorpora- infrastructure of adjacent areas. months prior to the due f the managementeelement at least six (e) Port !mer Plan Into monthsipr plan the dateed government's corn- agement Element. If a gaster into thesprepared Man_ plan shall be Inco pursuant to law. This port master deepwater port master plan is prepaeed by a • incorporated as a part of the coastal port, mas the en'apps goals. localbjegovernment shallpolicies ment element, and be consistent with the age- include the port. master plan's goals. objectives, and policies of the be con management element.goalsobjectives, and port maintenance and expansionJ es. and l masterplan a deepwaterport management element of its comprehensive sections in the coastal masa plan of a element, shalltebe reviewed, aita forpappears in the with a analyses 2 , per. The ��and coastal analyses shall be summarized as required in Subsection the criteria below. Failure of a ( ) and shall be submitted in support 9J- Part of the local one deepwater port which is not a sive plan. of the cemprchen- ter plan shall not government the l to submit a deepwater port mat- sPECh9rc 4f1TNOR/�'�163.31779),f10JFs the sanctions in Sections 163.3184 gor 63 3167,Florida ent to be Stat- uwr Fm Amended ED:16331 10-20-84(6)(t).�I �l.(10).1613178 Fs aces, nor cause the regional planning NlS7�Dto RY-1VInv 3 g council to prepare the 3-23-94. missing port master plan.In this case the deepwater91-5.013 Conservation ElerAenk not have its in-water facilities exempted from port shalt of Section 380.06, Florida Statutes, Pprovisions The purpose of the conservation element is to promote es, and the port shall be sub- (1) conservation, use and protection of is Req l jest to the sanctions in Sections 163.3184 and 163.3167, (1) Conservation Data and resources. Florida Statutes. The failure of a deepwater element be Analysis s cements. The agency of a local government to prepare a dee which is an element shall based upon the following data and analyses master plan may result in the deepwater port Pursuant to Subsection wh05(2). sanctions in Section 163.3184, (a) The following naturel resources,where Present within Florida Statutes,being applied and the missing deepwater port the local government's boundaries, shall be identified and master plan being prepared by the regional planning council. analyzed: Regardiess of whether a deepwater port has prepared a port 1. Rivers, bays, lakes, wetlands including muster any port development shall be consistent marshes, 8 estuarine the ter plan,l any p and policies of the icy of the resource lata i and air,includingnla information on goal_ element of the jurisdiction in which the coastal management source available from and classified by (b) Inventories and development occurs. >�Partment of Environmental (Protection]; the Florida r Analyses. The deepwater port shall 2. Floodplain; prepare all applicable inventories and analyses listed in Sub- 4. sources of comma section(2)for the areas they own or administer.F 4• Areas knownictally valuable minerals; the deepwater port shall inventory and Furthermore, tion district to by the local soil and water ms;andva- portation to support the `fin:Iandside trans- 5. have experienced soil erosion problems; porta s, needed deepwater po in-water fa- cem Areas which are the location of recreationally and Hance of in-water facilities, management of fa- commercially fish or she dredged material, hazardous material tats,and vegetative shellfish,wildlife,marine - and handlinghandling and cleanup, nciesp communities including forests,indicating and cleanup of petroleum products. In addition, known dominant species present and by federal, the deepwater port shall prepare oet astate,or local l and boundaries of port owned or minitershowing the locationgovernment agencies as endangered,threatened • (c) Goals, Objectives, stared lands, or s(b)• of special concern. and Policies. The deepwater (b) For each of the above natural shall develop goals, eand, and policies to address the mercial, recreational or conservation uses, existing com- appluble issues listed in S� (3). The problems includingknown pollution tines, and policies shall be consistent with the adopted C°IIseon,use or protectionshallwanticl for in the remainder of the coastal management element, (c) Current and projected (d) Port Maintenance the and moa The ement deepwater the next ten-year period based on the needs and Sndust for shall set forth its plan future p� agricultural,andwandafor ind quan- shall period and is forrfuter rort expansion for an initial potable water use and then quality shall and ans- a ten-year facility maintenance for at least tib' of water available to meet these wands Y period, and these plans shall show the �- assumptions economic lam'The analysis shall consider existing levels of water con- used, the foreseeable changes in shipping tech- regional use and protection and applicable policies of the nologies and port operations, the estimates of types and vol- (2) water management district umes of commodities to be handled,the needed expansions to (2) Requrremeats for Conservation Goal in-water and on-land facilities,and the infras Policies. Objectives and plan shall set forth tructure required. requirements for maintaining in-wa- (a) The element shall contain one or more goal state- Thecon- ter facilities and for the management of dredged material from mems which establish the long-term end toward which both maintenance and expansion. The plan shall assess the servation programs and activities are ultimately impact of port expansion and maintenance on wetlands, (b) The element shall contain one or � � beaches and dunes, submerged lands, floodplain, wildlife !actives for each goal specddress the ific ob- re. habitat, living marine resources, water mems of Paragraph 16s3 3177 6 which and quality, water goon- ( )( ) which: 33 RULE 9J-5 1. Protect air quality; conservation of wetlands by the direction of incompatible land 2. Conserve, appropriately use and protect the quality uses away from wetlands shall occur in combination with other and quantity of current and projected water sources and wa- goals, objectives and policies in the comprehensive plan. ters that flow into estuarine waters or oceanic waters; Where incompatible land uses are allowed to occur, mitiga- 3. Conserve, appropriately use and protect minerals, tion shall be considered as one means to compensate for loss soils and native vegetative communities including forests;and of wetlands functions. 4. Conserve, appropriately use and protect fisheries, SPEC1F7CAUTHORITY.163.31 77(9),(10)FS wildlife, wildlife habitat and marine habitat LIWIAIPLENEMED:163.3177 163.31 78 FF . (c) The element shall contain one or more policies for HISTORY—New 3-686.Am.i.4.d 10-261-84 5-1844. each objective which address implementation activities for the: 9J-5.014 Recreation and Open Space 1. Protection of water quality by restriction of activities The purpose of the recreation and and land uses known to affect adversely the quality and quan- element is tity of identified water sources, including natural groundwa• to man for a comprehensive m of Pik and 1 mc- ter recharge areas, wellhead protection areas and surface mon and up—e17—space sites which are available N the public. waters used as a source of public water supply; (1) Recreation and Open Space Data Reqirlrements The 2. Conservation, appropriate use and protection of ar- element shall be based upon the following data requirements eas suitable for extraction of minerals; pursuant to Subsection 9J-5.005(2). Existing public and pri- 3. Protection of native vegetative communities from do- vale recreation sites and open spaces available to the public, struction by development activities; including natural reservations,parks,playgrounds,parkways, 4. Emergency conservation of water sources in actor- and beaches including freshwater beaches shall be identified. For each site, types of use such as acxivit-based or resource- dance with the plans of the regional water management dis- trict: based and types of recreation facilities provided,such as corn- matyS. Restriction of activities known to adversely affect the centers and ballfields, shall be indicated, Space survival of endangered and threatened wildlife; (2) Recreation and Open Analysis Requirements. The element shall be based upon the following analyses which 6. Protection and conservation of the natural functions of existing soils,fisheries,wildlife habitats,rivers,bays,lakes, support the comprehensive plan pursuant to Subsection 9J- 5005121 flharbors, wetlands including estuarine marshes, 5.005(2) . freshwater beaches and shores,and marine habitats; (a) Current needs for recreation sites based on estimated recreation demand and the availability to the public and ad- 7. Protection of existing natural reservations identified in the recreation and open space element; WAY of existing recreation sites and facilities;Proj 8. Continuing cooperation with adjacent local govern- (b) ed future needs for recreation sites,open space and meats to conserve, appropriately use, or protect uniquev on facilities based on recreation demands and avail- �- ability to the public;and etative communities located within more than one local juris- diction; (c) Future recreational uses depicted,within generalized service 9. Designation of environmentally sensitive lands for • area boundaries, on the future land use map or map senesprotection based on locally determined criteria which further ..a ::,:o ri=. the goals and objectives of the conservation element;and (3) Requirements for Recreation and Open Space Goals, 10. Management of wastes to protect natural Objectives,and Policia, ,•• _ - resources. (a) The element shall contain one or more goal state- (3) Policies Addressing the Protection and Conservation •n�which establish the long-term end toward which recre- of Wetlands ation and open space programs and activities are ultimately (a) Wetlands and the natural functions of wetlands shall directed �' be protected and conserved. The adequate and appropriate (b) The element shall contain one or more specific ob- protection and conservation of wetlands shall be accomplished jectives for each goal statement which address the require- rata of Paragraph 163.317I(6Xe), Florida Statutes, and through a comprehensive planning process which includes which: consideration of the types,values,functions,sizes,conditions 1. Ensure and locations of wetlands,and which is based on supporting eluding where public access to identified recreation sites,in- data and analysis. g present, beaches and shores including fresh- (b) Future land uses which are incompatible with the pro- water beaches and shores; tection and conservation of wetlands and wetland functions 2. Coordinate public and private resources to meet rec- shall be directed away from wetlands. The type,intensity or reation demands; density,extent,distribution and location ofallowable land uses 3. Ensure that parks and recreation facilities are ad- and the types, values, functions, sizes, conditions and lora- equately efficiently provided;and tions of wetlands are land use factors which shall be consid- 4. Ensure the provision of open space by public agen- ered when directing incompatible land uses away from wet- des and private enterprise. lands. Land uses shall be distributed in a manner that mini- (c) The element shall contain one or more policies for mizes the effect and impact on wetlands. The protection and each obecti i which address implementation activities which: 1. Include specific open space definitions and standards 34 RULE 91-5 in local land deN elopment regulations; 2. Designate or acquire open space and nor additional intergovernmental coordination and m cations: atural reser- resolving those problems and needs; cans for 3. 'Maintain or improve existing levels of beach and sive ( in the area of concern c) Growth and and nt proposed shore access including those beach plansP w compreh access routes and beach appropriate comprehensive regional al�yplan in with theto access facilities required to be identified in the coastal man- evaluate the Po agement element and access identified waterwaysneeds for additional 1 plan in order and on the ee land usedmap oro required to be shown (d) The comprehensive plan's'sung i coordination; te map series; rules, principles for acoordination with the 4. Establish level of service standards for recreation as guiding development. and provided by Subsectionlish service 3) and Subparagraphti9J. regulations in any designateddevelopment provided 3wit area of critical gate concern ( )(b)3. of this Chapter, and t partially or wholly within the local 5. Correct or improve existingdeficiencies inrisdiction' tr ' eat's ju- Pparks and recreation facilities. (3) Requirements for Intergovernmental SPECIt7CAUTHORITY 163.3177Goals, Objectives, and Policies. Coordination S?E IMPLEMENTED:163.31771).(5),(10)FS HISTORY—New 3-6-86.Amended 10-2 ) �) �) (lOJ Fa merits whi) ch element shall contain one or more goalstate- LAW the long-term end toward which inter- 9J-5.015 Intergovernmental Coordination Element goo(b) The elemenental ntn shaactivities are ultimo*qty directed. is the purpose of the ince overnmental contain one or morespecific ob- coordination jectives for each goal statement, which address the element to identify and resolve incompatible goals,objectives, Paragraph require- It policies and development proposed in local government coin- 1. of Para rah 163.3177(6)0), Florida Statutes, and prehensive plans and to determine and 1. Coordinate the comprehensive plan with the plans for coordination respond to the needs Processes and procedures with adjacent local of school boards, other units of local governments, and regional and state agencies. Inte services but not havingregovt Providing mental coordination shall be utilized to the extent ruin ern- and with the comprehhensive plansauthority over the use of carry out the provisions of this Chapter. furred to politithe �, county, and adjacent conties adjacent munici- (1) Intergovernmental Coordination Data 2. Ensure The element shall be based upon the following data pursuant coordination mechanisms the impacts that the local government through to Subsection 9J-5.005(2). The area of concern for munici_ in the local comprehensive op° palities shall include municipalities, cent municipalities,P nsrve Ptah upon development in adja- counties adjacent to the adjacent �,the county,and the county, adjacent municipality The area of concern for and in the state; .the region municipalities within the county, 3. Ensure coordination in adjacent counties,and adjacent municipalities. standards for public facilities with establishingnystate, of service counties shall include all (a) All adjacent governments, school boards and other entity having operational and , or local units of local government providing services but not having such facilities; and maintenance responsibility for regulatory authority over the use of land, independent special 4• Ensure coordination in the deli districts,water management districts,regional planningspoil designation drew dredge cies.and state agencies with which the local government co- dish sites for counties and municipalitiesmeted in ordinates shall be inventoried This inventory shall also in- (c) area a ement havingttall contain one sP3t1 disposal � ' elude regional or state agencies with land use or environmen- each objective which addressmore policies for tal regulatory authority, and authorities, independent special dares for. programs, + or P - districts,and utility companies,which 1. The coordination of the local jurisdiction. provide services within planning activities mandated by (b) For each entity listed in Paragraph 1 a local variousthe elements of the comprehensive plan tP ( )( ), the ele- governments,schoolwith other describe theboards,other units c '>tacal govern- ment shallbrieflythe sub' existing coordination mecha- merit providing services but not having regular authority indicating Jett, the nature of the relationship over the use of land, the region,and the state; and the office with primary responsibility for coordination. 2. Resolving conflicts with other local (2) Intergovernmental Coordination Analysis Require_ ments. The element shall be based upon the following anthe regional planning )governments through council's inforan*. Process; mediation ses requirements which suppcat the comprehensive plan pur• 3. The provision of services and information; scant to Subsection 9J-5.005(2). 5. g 4. Resolvin (a) The effectiveness of existin annexation issues; g coordination mecha- Reviewing the relationship of proposed development risers described in Paragraph(1)(b),such as intergovemental of the area to the existing comprehensive plans of adjacent rn agreements,joint planning and service agreements, special localgovernments; legislation and joint meetings or work groups which are used 6 Consistent and coordinated management certain to further intergovernmental coordination; bays, estuaries and (b) Specific problems and needs within each of the cos- harbors that fall under the Jurisdiction of prehensive plan elements which would benefit from improved more t one local government in the case of focal govern- (b) requiredprepare a coastal management element; 35 RULE 9J-5 7. The review of development proposed in the compre- local government's jurisdiction. If the Intergovernmental Co- hensive plan including a policy statement indicating relation- ordination Element identifies any local resource or facility ships of the proposed development to the existing compre- which could be significantly impacted by development located hensive plans of adjacent local governments; outside the jurisdiction, this identification shall include a ge- 8. Involving the navigation and inlet districts and other neric description of the resource or facility, a specific geo- appropriate state and federal agencies and the public in pro- graphic location for physical resources and facilities, and a viding for or identifying dredge spoil disposal sites for the listing of the local governments which could counties and municipalities in the coastal area with spoil dis- ment and thepermit dtmloct posal responsibilities; and typesthese thereof, which could significantly impact of local resources 9. Resolving conflicts between a coastal local govern- and facilitiesy be accomplished Identificationnd facilities. merit and a public agency seeking a dredge spoil by adequately documents,disposal site other elements of the comprehensive plan, other doaiments, through the Coastal Resources Interagency Management or specified Committee's dispute resolution process. portions thereof (4) Intergovernmental Coordination Processes. d In addition,local governments may' d ,any other (a) The Intergovernmental Coordination Element shall community�or d�that� in the goals, establish a process to determine if development objectives and policies of the other element(s)of the Ctunpre- would haveha process significant impactsop proposals hensive plan ("community characteristic" hereafter) within on other local governments or the local government's jurisdiction which state or regional resources or facilities identified in the appli- by development within another local nt impacted cable state or regional plan, and shall establish a process for muni c get These com- mitigating these impacts. n' not have to be geographic,but must 1. Identification of Resources and Facilities - be clearly identified and/or defined within this dement Idea- a. The Intergovernmental Coordination Element shall plished tificatioadequately local/ community c�may be the com- identify all regional and state resources and facilities identi- referencing other of com- fied in the State Comprehensive Plan and the applicable Stra- Zee plan,or specified f portions Impactboroot tegic Regional PolicyPlan(s) Definition of Significant (SRPP)(or the Comprehensive a. The Intergovernmental Coo Regional Policy Plan until adoption of the S ��Element shall gional and state resources and facilities shall be identified-contain a definition of significant impact for each identified which are located within the local government,within the lo- the local facility community� located within cal government's area of concern as defined in 9J-S.O15(1) cant� g�ment's jurisdiction'�definitions of signtifi- Cadjacent local ), � may be quantitative, locational, and/or governments"hereafter and beyond the area the.The definitions shall be designed of concern, based upon the characteristics of the resource or of ed to ytt�ar that the idare facility,which could be reasonably expected to be significantlyresources,facilities and community characteristics are impacted by development within the local protected and/or maintained in accordance with�eprovisioms government's ju- and criteria of the State Comprehensive Pte'tile applicable risdiction("other affected local governments"hereafter)and Strategic Regional identified by a specific geographic location and not solely by sive Policy Plans a d�(or die Cemprchen- generic type. Identification may be accomplished �°� Policy thePlauntilpof the` rad PI by adequately the other elements of the comprehensive pllaiV.-° ° referencing other elements of the comprehensive plan,other 'b, documents,or specified portions thereof: identify The Intergovernmental C.�dir� t shall b. The Intergovernmental Coordination Element shall which shall developmentsypes of and development permits identify any local resources and facilities outside the local significantby the local government cause government's jurisdiction within adjacent and other affected suject � developmentnt rPkroP�s alit not para- local - government(as described in paragraph a.above)which graph 4 a 5. review processpursuant to could the local government's tly impacted by development located in- ( X ) ptio of Mitigation Criteria side3. Description gait government's jurisdiction. This identification a. The Intergovernmental Coo shall include a generic description of the resource or facility,a Coordination foappropriate shall specific geographic location for physical generally describe the criteria or standards for mid_ P Y resources and facili- gation of significant impacts on each identified resource,fa_ ties, and a listing of the local governments which could be cility and communitycharacteristic significantly impacted. Identification of local resources andria is or standards within the local facilities may be accomplished by adequately referencing the designedgovernment'sensure jurisdiction. The criteria shall d comprehensive plans of adjacent and other affected local gov- that the identified resources,facilities and commeets,other documents, or community characteristics are protected and/or maintained in specified portions thereof. accordance with therovisions of the c. In an effort to assist adjacent and other affected local hensive plan. P adopted local compre- governments in identifying local resources and facilities within b.the local government's jurisdiction,the Intergovernmental Co- tion in whichMitigation should be accomplishedpacts occurwithant in on f r jor egi oral ordination Element shall consider whether any local resources mitigation when preferable. Regional mitigation alternatives and facilities within the local government's jurisdiction could may be determined to be preferable by the local government be significantly impacted by development located outside the in which the development is located based on the intergovern_ 36 RULE 9J-5 mental review process descnbed in paragraph 5.a.(iii),below. Mail shall be prima facie evidence of 4. Intergovernmental Compatibility mentation must also demonstrate consideration� ofte p docu- a. This Element must demonstrate consideration of the lar effects of the local plan upon development particular effects of the local plan upon development within other local includinggovernmentsconsiderationrn- adjacent and other affected local governments. Local govern- ments upon the proposed within these of corn- adjacent are encouraged to accomplish this by demonstratingPo Element.An explanation of the points compatibility between local eve of agreement and disagreement,and the comments from other government Intergovernmental local governments shall be included in the Coordination Elements, including the compatible identifica- 5. Development Review Process tion of resources, facilities and communityc mentation. noion of significant characteristics, a. The Intergovernmental Coordination Element shall gnificant impacts, and description of mitiga- express! re- tion criteria or standards, pursuant to abovey provide for and clearly establish a development t4xa)l., 2. and 3 s in standards, ors, more otheafollowing paragraphs view process, to be implemented by the local ways. which the development is located, to gent in (i) Local governments can and are encouraged to dem- meat proposals would have significantane develop- (i) lo� onstrate compatibility through incorporation of any relevant fledimpactson the ideati- portions of the Strategic Regional Policy Plan(s) (SRPP) (or mitigateimpacts.facilities or community characteristics,and to the Comprehensive Regional Policy Plan until This intergovernmental at co the local SRPP) which includes the compatible identification review process should be incorporated into the local facilities and communityc government's usual development review process. Multiple sources,of significant characteristics, definition development orders for the same project shall not be individu- gniticant impacts, and description of mitigation criteria ally subject to this review, rovided or standards.If the applicable SRPP contains a model/optionalaPP 'a1 of an application fora de optional ducted prior to the ' P one review is lop- element which can be adopted by local governments whicheop- adequatelyaddresses the meat order or permit which contains a specific plan of devel- requirements ofparagraphs(4Xa)1., opment, including the densities and intensities of develop- 2. 2. and 3., then a local government can demonstrate compat- meat. Anynt ibility with regard to paragraphs(4xa)l.a,2.and 3. incor- subsequent changes to the plan of development porating those provisions of the SRPP into the Integovern- subjectec are ams 1�development review imp also s�be mental Coordination Element of the local comprehensive plan. op Process. If the applicable mprehensive SRPP contains a model/optional element which Local governments which utilize this method of demonstlat- adequately ing compatibility for regional and state resources and facili- goveaddresses the requirements of this Rule then a local ties can utilize the provisions of paragraphs 4.a.(ii), 4.a(iii), a�ndnct�om and is encouraged to demonstrate Becton and/or 4.b., with respect to any identified localibility P13'with the requirements of this Rule section and/or and communityc resources,fa- through incorporation of those provisions of the SRPP into haractertstres. the Intergovernmental (ii) Local governments can demo rg�' ramental Coordination Element. The develop. submitting a joint resolution demonstrate compatibility by meat review process shall meet the following standards, meat andn one orf more othelocal by the local govern- (i) The development review governments which certi- processnmshall indnde an WI- posedfi� that the final proposed pact analysis by the local government of a proposed idea- Elements are Intergovernmental Coordination development's potential for significant impactsupon an compatible. iden- Such certification shall establish that tib resource,facility or communitycharacteristic. the local governments have reviewed the contents of the Ele- ppThe ato local meats and agree on the compatible identification of government is encouraged to coordinarP with aPPn►P�e 10- facilities and communitycharacteristics, �: regional and state agencies in conducting the analysis. acs,definition of signifi- An impact analysis must be prepared foray cant impacts, and description of mitigation criteria or Stan. per- dards,pursuant to above paragraphs(4xa)1.,2.and 3. mss'��for those developments identified in the Inter- (iii)Local governments can demonstrate compatibilitygovernmental Coordination Element which shall be deemed through completion of the cross,aooeptance negotiation not to cause a significant impact.The definition ofsignificant con- cess established by the applicableplanningpro- tamed i�Strategic impact used in�eapad analysis shall be the definition regional council(s) Regional Policy Plan(s)(SRPP)(or the pursuant to ss. 186.503(2)and 186.505(22),Florida Statutes, Comprehensive Regional Policy Plan until adoption of the or through other local procedures. b. Ifcompatrbility is not demonstrated SRPP), or the loval government comprehensive plan wherePursuant to para- the resource,facility or community characteristic is located, graph 4.a.,above,then,this Element,when transmitted to the (ii) If the local Department for compliance review must be accompanied governmentdevelopment dproposal based not the t in documentation which clearly demonstrates that duringthe sib ficant impacts,analysis, that a ProP� will result in preparation of the Intergovernmental Coordination Element, of development applications.this finding shall be included in a fisting all adjacent and other affected local P aPpiications. The listing shall include, at a aided adequate governments were pro- minimum,a general description of the development proposal �1 opportunity to review and comment upon and the geographic location of the project This listing shall the proposed Integovernmental Coordination Element This be transmitted to adjacent and other affected documentation must clearly demonstrate that the final pro- meats (as describedlocal govern- documentation Element was transmitted to all adjacentparagraph l.a., above) and made avail- fectedposed local governments. A cto ed return and other af- able upon request on a regularly scheduled basis.The frequency receipt for U.S. of this transmittal shall be either identified in the Intergov- 37 RULE 9J-5 ernmental Coordination Element or defined by interlocal agree- development review process for developments of regional im- ment. Additional information regarding a development pro- pact pursuant to Section 380.0651,Florida Statutes,and Rule posal shall be provided upon request for a reasonable cost of 28-24, F.A.C. reproduction. The transmitting local government shall give (b) The Intergovernmental Coordination Element shall the adjacent or other affected local government, at least 15 establish a dispute resolution process for bringing to closure days after transmittal of the listing to indicate in writing that in a timely manner those disputes that pertain to development it disagrees with the finding of no significant impact. The proposals that would have impacts on other local governments transmitting local government and the adjacent or other af- or identified state or regional resources or facilities. fected local government may agree upon a time period shorter 1. The Intergovernmental Coordination Element shall than 15 days for the written indication of disagreement If an incorporate the dispute resolution process of the applicable adjacent or other affected local government disagrees with the regional planning council(s)established pursuant to Section finding,the matter shall be subject to dispute resolution,pur- 186.509,Florida Statutes,into the local comprehensive plan- scant to paragraph (b),below (iii)lithe local government determines,based on the im- stag dispute ttsoltrtion • established pursuant to this pact analysis, that a suietica �' • � • 'IP' .. development proposal is hicely to 2. in significant impacts, then a description result process�bcal disputenclude additional ilve resolutionalternatives tulles proposaland any proposed mitigation conditions shall be trans- which are not included within the applicable tern plan- mitred for intergovernmental review This description shall nil councilroves are con- includeon- a general description of the development g lam. provided that the alternatives op proposal and sistent with and further the regional resolution process.These the geographic location of the project Additional informa- alternative dispute resolution tion regarding a development proposal shall be provided uponprocessesmay a implementedionofh Po prior to, or in conjunction with, the implementation of the request for a reasonable cost of reproduction. This intergov- regional process so long as the resolution of the dispute(s)are ernmental review shall provide a reasonable opportunity for achieved in a timely manner consistent with the regional reso- review and comment by adjacent and other affected local gov- Intim process schedule. mvernme ts. In addition, local governments are encouraged to 3. The permitting local government petitioned olve appropriate state, regional and local agencies in the adjacent or other affected localby an intergovernmental review, including affected parties as idea- and(iv) government under any Pelit on, tilted in 97-S.01S(lxa),the regional planning of this rhe,must respond in writing to any pefition, council,water indicating its willingness to participate in the dispute resolu- management district(s),Florida Department of Environmen- tion process within fifteen(1 5)Protection,Florida Department of State(Division of His- The ( � s of receipt of proposed Resources),Florida Game and Fresh Water Fish Corn- reply must indicate the status of the proposed develop- mission,Florida Department of Transportation, meet order ander at include the expected date of issuance of the Planning Organization,and the school board. Metropolitan �order at Issue. . _ (iv) The development review (c) The Intergovernmental Coordination Element"shall oP process shall indicate that establish a process for modification of development ours is- if,based on the intergovernmental review,agreement regard- seed pursuant to Section 380.06, Florida Statutes,sifithout a ing the not reached obetwo impacts the is of a lofa proposed development can- loss of rights. - r otherbaffected local government and an adjacent (d) In the tal i El- then the matter shall be emeat shall include a-provision for the local government to subject to dispute resolution pursuant to paragraph(b),below (v) Based on the intergovernmental renderto the Department of Community Affairs every loud- for mi6 decunienistion review, conditions opulent order and accompanying gation of significant impacts shall developmentsbe included in the for which exp g local government development order and shall be consistent fished thresholds , with the provisions and criteria of the State Comprehensive Floridby Section 380.0651,Florida Statures,and Rule 28-24, Plan,the applicable Strategic Regional Policy Plan(s)(SRPP) orders as in Code,dministrative any and e. A amended developmentthis (or the Comprehensive Regional Policy Plan until paragraph of(c) above ev used in this or- the C , file adoption of section, render means issuance a written development applicable provisions of the comprehensive der and transmittal of a certified completed copy of the order plans of adjacnt and other affected local governments in which by the local government with jurisdiction, the impacts occur, and with the other elements of the localtogether with all comprehensive plan of the issuing jurisdiction. pertinent attachments. The rendition shall be by first class certified U.S. Mail or other delivery service for which a re- (vi) The Intergovernmental Coordination Element shall ceipt as proof of service is required to the identify the monitoring and enforcement procedures that will muni Department of Com- be eased to ensure that the identified mitigationn'Affairs, Bureau of State Planning, the regional plan-is provided. ning agency, and the owner or developer. A certified return b. If a local government opts to retain the development receipt for U.S. Mail shall be prima facie evidence of trans- of regional impact(DRI)process pursuant to s. 380.06(27)(c), mitral. A development order will not be considered to have Florida Statutes(Ch. 93-206,Laws of Florida),then the DRI been rendered if it is transmitted by facsimile machine, or if review process (Section 380.06, Florida Statutes, and its re- all pages, exhibits, references, and attachments are not in- lated administrative rules) may be used in lieu of the above eluded or are not legible. Local governments are encouraged 38 RULE 9J-5 to coordinate with the Department of Community Affairs re- ments, and shall address the relativepriority of garding such development proposals prior to approval of the facility types, and shall supportfuture need menng development order. Development orders in regard to any such cthe mland use elor t; miti- projects are subject to appeal by the Department ) The costs of needed capital improvements for of Comm-Commu- gation of existing deficiencies, replacement and new growth pity Affairs in accordance with Section 380.07, Florida Stat- needs pursuant to the future land use element and shall ex- utes. plain the basis of cost estimates; (e) Nothing in this subsection shall prevent a local gov- (d) The impact of new or improved public educational eminent from including provisions in the Intergovernmental and public health care systems and facilities on the provision Coordination Element which do not conflict with the require- of infrastructure: ments of this rule. SPECIF7C.tUTHOR/77 163.3177(9),(lo)FS. (e) The use of timing and location of capital improve- LAW/MPLEMop- �ED:163.31 n(1),(4).(5).(6)(h).(8),(9),(10) ments to public facilities to support efficient land deur HISTORY—New 3-6-86,Amended 10-2046,3-23-91. ment and goals,objectives,and policies in the future land use element This analysis must take into consideration plans of 91-5.016 Capital Improvements Element. state agencies and water management districts that provide The purpose of the capital improvements element is to public facilities within the local government jurisdiction;and evaluate the need for public facilities as identified in the other (f) An assessment of the local government's ability to comprehensive plan elements and as defined in the applicable finance capital improvements based upon anticipated popula- definitions for each type of public facility,to estimate the cost tion and revenues including: of improvements for which the local government has fiscal I. Forecasting of revenues and expenditures for five responsibility,to analyze the fiscal capability of the local gov- yes; eminent to finance and construct improvements, to adopt S- 2. Projections of debt service obligations for currently nancial policies to guide the funding of improvements and to outstanding bond issues; schedule the funding and construction of improvements in a 3. Projection of ad valorem tax base, assessment ratio manner necessary to ensure that capital improvements are pro- and millage rate; vided when required based on needs identified in the other 4• Projections of other tax bases and other revenue comprehensive plan elements.The element shall also include sources such as impact and user fees; the requirements to ensure that an adequate concurrency man- S. Projection of operating cost considerations;and agement system will be implemented by local governments 6. Projection of debt opacity, pursuant to Rule 9J-5.0055 of this Chapter. (3) Requirements for Capital Improvements Goals,Ob- (I) Capital Improvements Data Requirements. The die- jectives,and Policies. ment shall be based upon the following data requirements (a) The element shall contain one or more goal state, pursuant to Subsection 9J-5.005(2). meats which establish the long-term end for the timely and (a) The element shall be based on the public facility needs efficient provision of public facilities through the use of sound as identified in the other comprehensive plan elements and fiscal paliaes. shall support the future land use element Transportation fa- (b) The element shall contain one or more objectives for alines include facilities identified as existing or projected needs each goal and shall address: in any of the following elements:traffic circulation;mass tran- 1The use of the capital improvements element as a sit;and port, aviation and related facilities means to meet the needs of the local government for the con- (b) The geographic service area and location of major struction of capital facilities necessary to meet existing defi- ciencies,to accommodate desired future growth and to replace system components for the public education and public health systems within the local government's jurisdiction shall be obsolete or Worn-out facilities; identified 2. The limitation of public expenditures that subsidize (c) Existing revenuesources and funding mechanisms development in high hazard coastal areas; available for capital improvement financing,such as ad vale- 3. The coordination of land use decisions and available rem taxes, bonds, state funds, federal funds, gas taxes and or projected fiscal resources with a schedule of capital im- impa fees shall be inventoried provements which maintains adopted level of service stan- (2) Capital Improvements Analysis Requirements. The dards and meets the existing and future facility needs; element shall be based upon the following analyses which sup- 4. The extent to which future development will bear a proportionate cost of facility improvements necessitated by the port the comprehensive plan pursuant to Subsection 9J- 5.005(2). development in order to adequately maintain adopted level of (a) Current local practices that guide the timing and lo- service standards;and cation of construction, extension or increases in capacity of S The demonstration of the local government's ability each public facility; to provide or require provision of the needed improvements (b) The general fiscal implications of the existing defi- identified in the other local government comprehensive plan ciencies and future needs for each type of public facility.This elements and to manage the land development process so that Public facility needs created by previously issued development analysis shall be based on the needed improvements,as Iden- orders or future development do not exceed the ability of the tined in the other local government comprehensive plan ele- 39 RULE 9J-5 local government to fund and provide or require provision of (a) The comprehensive plan shall contain: the needed capital improvements. 1. The schedule of capital improvements,for which the (c) The element shall contain one or more policies for local government has fiscal responsibility,selected for the first each objective which address programs and activities for: five fiscal years,by year,after the adoption of the comprehen- 1. The establishment of criteria used to evaluate local sive plan,which shall reflect the need to reduce existing defi- capital improvement projects. Such criteria shall be directly ciencies. remain abreast of replacements, and to meet future related to the individual elements of the comprehensive plan demand including: and shall include consideration of: a. Project description and general location; and a. The elimination of public hazards; b. Determination of consistency with individual com- b. The elimination of existing capacity deficits; prehensive plan elements. c. Local budget impact; 2. A list of projected costs and revenue sources by type d. Locational needs based on projected growth patterns; of public facility for the five year period.Only for the purpose e. The accommodation of new development and redo- of determining the financial feasibility of the capital improve- velopment facility demands; meats element,projected revenue sources may include a local f. Financial feasibility;and government's present intent to increase the level or amount a[ g. Plans of state agencies and water management dis- a revenue source which is contingent on ratification by public tricts that provide public facilities within the local referendum. If the local government utilizes these projected government's jurisdiction; revenue sources for planning purposes,the local government 2. The management of debt,such as: is encouraged to include in the plan policies which idpntify a. The limitation on the use of revenue bonds as a per- alternatives and actions to be undertaken should the tet'eren- cent of total debt; dum fail. If a local government utilizes projected revenue b. The maximum ratio of total debt service to total rev- sources which require a referendum and the plan does not eaue;and include policies to identify alternatives and actions to be taken c. The maximum ratio of outstanding capital indebted- if the referendum fails,the plan must include a policy that the ness to property tax base; local government will amend the plan to include policies to 3. The establishment of policies for the replacement and identify alternative funding sources or other actions should renewal of capital facilities; the referendum fail. However, for the purpose of issuing de- 4. The establishment of level of service standards for velopment orders and permits,the local government must have public facilities which are within the local government's ju- a concurrency management system which meets the require- risdiction, as provided by Subsection 9J-5.005(3) and Sub- meats of Rule 9J-5.0055(2)of this Chapter. paragraph 9J-5.015(3)(b)3. of this Chapter. These standards (b) The plan shall identify those programs to be adopted shall be those found in the other local government eompre- which will ensure that the goals,objectives and policies es- hensive plan elements; tablished in the capital improvements element are met or ex- 5. Provisions for the availability of public facilities to ceeded. These programs shall include provisions that facili- serve developments for which development orders were is- ties and services at least meet the standards established and sued prior to the adoption of the comprehensive plan; are available concurrent with the impacts of development.At 6. Provisions for the availability of public facilities and a minimum the programs related to col currency shall meet services needed to support development concurrent with the the-requirements of Rule 93-5.0055 of this Chapter. impacts of such development subsequent to the adoption of (5) Requirements for Monitoring and Evaluation.In ad- the local comprehensive plan.Public facility and service avail- dition to the general monitoring and evaluation requirements ability shall be deemed sufficient if the public facilities and in this Chapter, this element shall be reviewed on an annual services for a development are phased,or the development is basis. phased,so that the public facilities and those related services SPECIFIC AUTHORITY 163.3177M.(10)Fs which are deemed necessary by the local government to oper- L4wIMPLEMENTED:163.3177(1).(3).(5),(8),(0.(1 Q)FS ate the facilities necessitated by that development,are avail_ HISTORY New 3-6-86 Ameded/0 2118Q 11-22 89 -2-92,3-23-94. able concurrent with the impacts of the development; 9J-5,018 Optional Elements. 7. Provisions for the adoption of a capital budget as a (1) If the localado Press; governmentl optional elements part of the annual budgetingPro- 8. Assessing new developments a pro rata share of the suant to Paragraphs 163.3177(7)(a)—(k),Florida Statutes,such costs necessary to finance public facility improvements neces- elements must be related to and consistent with all other ole- sitated by development in order to adequately maintain adopted meats of the comprehensive plan and meet the requirements level of service standards;ander within Rule 9J-5.005. 9. The use of local government fiscal policies to direct (2) Optional elements must address and be consistent expenditures for capital improvements which recognize the with the relevant goals and policies in the State Comprehen- policies of the other comprehensive plan elements. sive Plan and the appropriate comprehensive regional policy (4) Requirements for plan. eq Capital Improvements Implemen- (3) Optional elements submitted tation. pursuant to Subsection 163.3167(2), Florida Statutes, must be completed and trans- 40 RULE 9J-5 nutted at the same time as the required portion of the compre- to an impending natural disaster. hensive plan. Subsequent to initial plan submittal pursuant to (b) The existing transportation map or map series shall Subsection 163.3167(2), Ronda Statutes, optional elements identify the following: that are added will be considered amendments to the compre- 1. Existing hensive plan. peakhour, peak direction levels of service for roads and mass transit facilities and corridors or routes: plan. 163.3177(9)Fs. LAW IMPLEMENTED: 163.3177(11.(5),(7).(8).(9)FS. and HISTORY—New 3-6-86.Amended 10-10-86. 2. Capacity of significant parking facilities and dura- tion limitations (long-term or short-term), where applicable. 9J-5.019 Transportation Element. (3) TRANSPORTATION ANALYSIS REQUIRE- (1) APPLICATION AND PURPOSE. A local govern- MENUS.The element shall be based upon the following analy- ment which has all or part of its jurisdiction included within res which address all modes of transportation and support the the urbanized area of a Metropolitan Planning Organization comprehensive plan pursuant to Subsection 9J-5.005(2). (MPO) pursuant to section 339.175, Florida Statutes, shall (a) An analysis of the existing transportation system lev- prepare and adopt a transportation element consistent with els of service and system needs based upon existing design the provisions of this Rule and Chapter 163, Part II, Florida and operating capacities;most recently availableestimates for Statutes.For the affected jurisdictions,the transportation ele- average daily and peak hour vehicle trips;existing modal split ment shall replace the required plan elements of:traffic circu- and vehicle occupancy rates;existing public transit facilities, lation; mass transit;and ports,aviation, and related facilities including ridership by route, peak hour capacities and as provided in this Chapter. Within a designated MPO area, headways;population characteristics,including transportation the transportation elements of the local plans shall be coordi- disadvantaged; and the existing characteristics of the major nated with the long range transportation plan of the MPO. trip generators and attractors within the community. The purpose of the transportation element shall be to plan for (b) An analysis of the availability of transportation fa- a multimodal transportation system that places emphasis on cilities and services to serve existing land uses. public transportation systems. (c) An analysis of the adequacy of the existing and pula- (2) EXISTING TRANSPORTATION DATA REQUIRE- jected transportation system to evacuatepro- the !VENTS.The element shall be based upon the following data tion prior to an impending natural disaster requirements pursuant to Subsection 91-5.005(2)of this Chap- (d) An analysis of the growth trends and travel patterns and interactions between land use and transportation,and the (a) The general location of the following transportation compatibility between the future land use and transportation system features shall be shown on an existing transportation elements, including land use compatibility around airports. map or map series: (e) An analysis of existing and projected inbermodal de. 1. Road System: ficiencies and needs such as terminals,connections,high oc- a Collector roads; cupancy vehicle lanes,park-and-ride lots and other facilities. b. Arterial roads; (0 An analysis of the projected 'on system c. _ Limited and controlled access facilities; levels of service and system needs based upon the future land d. Significant Parking facilities, as determined by the use categories, including their densities or intensities of use Local government as shown on the future land use map or map Rajas, and the 2. Public Transit System: projected integrated transportation system.The analysis shall a Public transit routes or service areas; demonstrate integration and coordination among the various b. Public transit terminals and transfer stations; modes of transportation, including rail, airport and seaport c. Public transit rights of-way and exclusive public tran- facilities. The analysis shall address the need for new facili- sitcorridors; ties and expansions of alternative trap modes to p� 3. Significant bicycle and pedestrian ways, as deter- mobility a safe and efficient transportation and enhance mined by the local government; mobility. The methodologies used in the including 4. Port facilities; the assumptions used,modeling applications,and alternatives 5. Airport facilities including clear zones and obstrtrc- considered shall be included in the plan document tions; The analysis shall address the effect of transportation 6. Freight and passenger rail lines and terminals;andconcurrency ties. management areas, if anyto Rule 91- 5.0055(5),F.A.C.,and the effect of transportation vqurrconcurrency7. Intermodal terminals and access to internodal facili- ties. exceptions, if any,pursuant to Rule 91-5.0055(6)and(7). 8. The existing functional classification and mainte- (g) The analysis shall consider the projects planned for Hance responsibility for all roads; in the Florida Department of Transportation's Adopted Work 9. The number of through lanes for each roadway; Program, long range transportation plan and transportation 10. The major public transit trip generators and attractors improvement program of the metropolitan planning organi- zation,and the local transportation authority(ies),if any,and based upon the existing land use map or map series; compatibility with the policies and guidelines of such plans. 11. Designated local and regional transportation facili- ties, critical to the evacuation of the coastal population prior (h) The analysis shall demonstrate how the local gov- 41 ' 4 RULE 9J-5 eminent will maintain its adopted level of service standards vided to serve the existing and future land uses as demon- for roads and transit facilities within its junsdiction and how strated by the supporting data and analysis in the comprehen- the level of service standards reflect and advance the purpose sive plan. of this section and the goals, objectives, and policies of the 2. Control of the connections and access points of drive- future land use element and other elements of the comprehen- ways and roads to roadways; sive plan. 3. Establishment of parking strategies that will promote (i) The analysis shall explicitly address and document transportation goals and objectives; the internal consistency of the plan, especially its provisions 4. For existing or future transportation rights-of-way and addressing transportation, land use, and availability of facili- corridors designated in the local government comprehensive ties and services. plan,establish measures for their acquisition,preservation,or (j) An analysis which identifies land uses and transpor- protection; tation management programs necessary to promote and sup- 5. Establishment of land use and other strategies to pro- port public transportation systems in designated public trans- mote the use ofbleydes and walking } portation corridors. -6. Establishment oftranyottatioo demand management (4) REQUIREMENTS FOR TRANSPORTATION programs to modify peak hour travel demand and reduce the GOALS,OBJECTIVES AND POLICIES.- number of vehicle miles traveled per capita within the coan- (a) The element shall contain one or more goal state- munity and regim meats which establish the long-term end toward which trans- 7. Establishment of transportation system management portation programs and activities are ultimately directed. strategies as appropriate to improve system efficiency and en- (b) The element shall contain one or more specific ob- hence safety; jectives for each goal statement which address the require- 8. Coordination of roadway and transit service improve- ments of Subsection 163.3177(6)(j), Florida Statutes, and meats with the future needs of seaports, airports, and other which: related public transportation facilities; 1. Provide for a safe, convenient, and energy efficient 9. Establishment of land use, site and building design multimodal transportation system; guidelines for development in exclusive public transit corri- 2. Coordinate the transportation system with the future dors to assure the accessibility of new development to public land use map or map series and ensure that existing and pro- transit. .. posed population densities,housing and employment patterns, 10. Esuthlishment of numerical indicators against which and land uses are consistent with the transportation modes the achievement of the mobility goals of the community can and services proposed to serve these areas; be measured,such as modal split,annual transit trips per capita, 3. Coordinate the transportation system with the plans automobile occupancy rates; and programs of any applicable metropolitan planning orga- 11. Establishment of strategies, agreements and other nization,transportation authority,Florida Transportation Plan mechanisms with applicable local governments and regional and Florida Department of Transportation's Adopted Work and state agencies that demonstrate the areawide 000rdina- ;and tion necessary to implement the transportation,laid use,park- 4. Address the provision of efficient public transit ser- ing and other previsions of theiraisportationdernent vices based upon existing and proposed major trip generators 12. A coordinated and consiStent policy with the future and attractors, safe and convenient public transit terminals, land use element to encourage land uses which promote pub- land uses and accommodation of the special needs of the trans- Tic transportation in designated public transportation coal- portation dors; 5. Provide protection of existing and future 13. Establishment of strategies to facilitate local traffic rights-of-way from building encroachment, to use alternatives to the Florida-intrastate Highway System 6. Meet the requirements of Subsections 91-5.007(3)(b), to protect its interregional and intrastate functions;and 9J-5.008(3Xb)and 9J-5.009(3)(b),of this Chapter. 14. Development of strategies to address intermodal ter- (c) The element shall contain one or more policies for urinals and access to aviation, rail and seaport facilities. each objective which address implementation activities for the: 15. Meet the requirements of subsections 9J-5.007(3Xc), 1. Establishment of level of service standards at peak 9J-5.008(3Xc)and 91-5.009(3Xc)of this Chapter. hour for roads and public transit facilities within the local (5) FUTURE TRANSPORTATION MAP. government's jurisdiction as specified in Subparagraphs 9J- (a) The general location of the following transportation 5.007(3Xc)1.and 9J-5.008(3Xc)1.of this Chapter.For facili- system proposed features shall be shown on the future trans- ties on the Florida Intrastate Highway System as defined in s. portation map or map series: 338.001 F.S., the local governments shall adopt the level of 1. Road System: service standards established by the Department of Transpor- a. Collector roads; tation by rule. For all other facilities on the future traffic cir- b. Arterial roads; culation map,local governments shall adopt adequate level of c. Limited and controlled access facilities; service standards. These level of service standards shall be d. Local roads,if being used to achieve mobility goals; adopted to ensure that adequate facility capacity will be pro- e. Parking facilities that are required to achieve mobil- 42 RULE 9J-5 ity goals: tent with a comprehensive regional policy plan or the State 2. Public transit system: Comprehensive Plan if the local plan is compatible with and a. Public transit routes or service areas; furthers such plans. b Public transit terminals and transfer stations; (2) The term"compatible with"means that the local plan c. Public transit rights-of-way and exclusive public tran- is not in conflict with the State Comprehensive Plan or appro- sit corridors: priate comprehensive regional policy plan.The term"furthers" 3. Transportation concurrency management areas pur- means to take action in the direction of realizing goals or poll- suant to Rule 91-5.0055(5), F.A.C., if any; cies of the state or regional plan. For the purposes of deter- 4. Transportation concurrency exception areas pursu- mining consistency of the local plan with the State Compre- ant to Rule 9J-5.0055(6) F.A.C., if any; hensive Plan or the appropriate comprehensive regional policy 5. Significant bicycle and pedestrian facilities; plan the state or regional plan shall be construed as a whole 6. Port facilities; and no specific goal and policy shall be construed or applied 7. Airport facilities including clear zones and obstruc- in isolation from the other goals and policies in the plans. tions; (3) Elements required pursuant to Sections 163.3177 and 8. Freight and passenger rail lines;and 163.3178, Florida Statutes, and optional elements shall in- 9. Intermodal terminals and access to such facilities. elude goals, objectives, or policies that are compatible with (b) The future transportation map or map series shall and further the intent of the State Comprehensive Plan and identify the following: the appropriate comprehensive regional policy plan. Each lo- 1. The functional classification and maintenance respon- cal government shall review all the State Comprehensive Plan sibility for all roads; goals and policies. Each local government shall address in its 2. The number of proposed through lanes for each road- comprehensive plan the goals and policies which are relevant way; to the circumstances or conditions in its jurisdiction. The de- 3. The major public transit trip generators and attractors cision regarding which particular State Comprehensive Plan based upon the future land use map or map series; goals and policies will be furtheredthe nditure of a 4. Projected peak hour levels of service for all transpor- local government's financial resourcesinany given year is a tation facilities for which level of service standards are es-tab- decision which rests solely within the discretion of the local fished;and government. 5. Designated local and regional transportation facili- (4) In addition, the local government shall attach to its ties critical to the evacuation of coastal population prior to an comprehensive plan or plan amendment at the time of trans- impending natural disaster. mittal to the Department a listing entitled"Consistency of the SPECIFIC AUTHORITY:163.31 77 FS. Local Comprehensive Plan with the State Can L4W IMPLEMENTED:163.3177,163.31 78 FS Comprehensive Plan, HISTORY—New 3-23-94. " which shall list the State Comprehensive Plan goals and policies which are addressed in its proposed plan or amend- 9J-5.021 Consistency of Local Government Compre- ment and which shall indicate the plan element or elements, subsection or subsections,and page number or numbers,where hensive Plans With [Strategic! Regional Policy Plans and each of the State Comprehensive Plan goals and policies is With the State Comprehensive Plan. (I) Each local government comprehensive plan shall be addressed consistent with the appropriate comprehensive regional policy SPECIFIC AUTHORITY:163.31 77(9)(c),(!0)(7),Fs plan and the State Comprehensive PIan as it appearsCha r85EMENTED:163.3/77(3),(4),(6), (9)(c),(10). 163.3178 FS in Sec- Chapter 85-57,Laws of Florida.Section 2. tion 187.201, Florida Statutes. A local plan shall be consis- HISTORY—New 3-6-86,Amended 10-20-86. 43 GMP - EPTAB MAILING LIST OCTOBER 1994 Ms. Dorothea P. Zysko Gary K. Wilson Virginia B. Corkran 547 Eastwood Drive 2037 Laguna Way League of Women Voters Naples, Florida 33942 Naples, FL 33963 283 Broad Avenue South Naples, FL 33940 Derek Hodgin Michael V. Taranto Ms. Chris Straton Vision Environmental 9961 Boca Avenue North Friends of the Bald Eagles 1020 Goodlette Road Naples, FL 33942 1441 Gulf Coast Drive Suite 200E Naples, FL 33963 Naples, FL 33940 Mr. Dave Addison Gary Beardsley Fran Stallings, Ph.D. The Conservancy Tropical Environmental FL Wildlife Federation 1450 Merrihue Dr. Consultants 5051 Costello Drive Naples, Florida 33942 2396 13th St. , N. Suite 228 Naples, FL 33940 Naples, FL 33940 Stephen A. Means, P.E. Ms. Sue Filson Economic Development Wilson, Miller, Barton & Peek Board of County Council 3200 Bailey Ln Commissioners 3200 Bailey Lane, Suite 162 Naples, Florida 33942 Naples, FL 33942 Mr. Robert L. Duane Marjorie Student Collier County Audubon 4880 6th Avenue S.W. Assistant County Attorney Society 715 Tenth Street South P.O. Box 797 Naples, Florida 33939 Naples, FL 33939 Ms. Nancy Payton Emma Ross Collier County Citizen's 2069 River Reach Dr. , #414 Naples Daily News Committee on Recycling Naples, Florida 33942 1075 Central Avenue 556 109th Avenue North Naples, FL 33940 Naples, FL 33963 Jack Baxter Terry Tragesser John Fitch, Ph.D. 930 Heron Court SW FL Land Preservation Trust The Conservancy, Inc. Marco Island, FL 33937 P.O. Box 2721 Naples Nature Center Naples, FL 33939 1450 Merrihue Drive Naples, FL 33942 Charles F. Ray Mr. Tony Polizos Ms. Becky Ayech, President 85 Ridge Drive Soil Conservation Service Environmental Confederation Naples, FL 33963 14700 Immokalee Road of SW Florida Naples, FL 33964 421 Verna Road Sarasota, FL 34240 0..."":172.),' - ,..-_____ ``'% i- #7-25--- Naples Chapter of the Florida Native Plant Society P.O. Box 422 Naples, FL 33939 Franklin Adams Izaak Walton League 4272 19th Place SW Naples, FL 33999 Bernon Young, President Greater Naples Civic Assn. 378 Goodlette Road South Naples, FL 33940 Jon C. Staiger, Ph.D. City of Naples Natural Resources Mgr. 735 8th Street South Naples, FL 33940-6796 Art Lee, Chairman Historical/Archaeological Preservation Board 1250 9th Avenue North Naples, FL 33940 Jim Kramer, Aquaphysicist Aquatix 992 Plymouth Rock Naples, Florida 33963 _i- r Th.r7• J r , •, 9,4/Li 1j1 11111., COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E. T IsuANI TR. NATURAL, RESOURCES' DEPARTMENT NAPLES, FL 33962 (813) 732-2505• FAX(813) 774.9222 May 25, A CERTIFIED KIT CHIP COMMUNITY Mr. Robert Pennock,, Chief • Bureau of Local Planning State of Florida Dept. of Community Affairs • 2740 Centerview Drive Tallahassee, FL 32399-2100 RE: Land Development Regulation Challenge - Case No. LC-91-F-01 and Case No. LC-93-F-01 Dear Mr. Pennock,: The purpose of this letter is to respond to your March 24 , 1994' letter regarding the subject Land Development Regulation Challenge Case Number LC-91-F-01 and LC-93--F-01 ,: The County acknowledges your assessment that the adoption of land development regulations for Objectives 11. 6 and Policy 11 .6. 1 iS no longer an issue with the adoption of Ordinance 93-37 . You also state that the Ordinance "does not address the portion' of Policy 6. 1 ,. 1 that requires development standards and criteria for xeric scrub habitats. Nor does it inventory, define and • contain developments standards and criteria, based on the presence. of dominant or indicative species, for xeric scrub habitats, marine, freshwater, transitional zone wetlands, hardwood hammocks, pine flatwoods and dry prairie habitats, as required by the remaining portion of the policy, " Objective 6. 1 and its attendant policies were adopted to consider more encompass"in_g land development regulations to protect habitats than were originally adopted by the County in 1989. The County has alrea •y adopted land development regulations providing for the protection of native vegetative communities and habitat consistent with policies 6. 4 . 6 and 6.4 . 7 . Attached is a copy Of the Section of the County's ULDC which addresses Vegetation Removal , Protection and Preservation. Please refer to Section ' 3.9. 5 , 5 , While the County has not adopted the Habitat Protection Ordinance , it has adopted minimal land development regulations 4 • • -- ES ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: W. Neil Dorrill, Co ty Manager FROM: William D. Lorenz r. , P.E. , Administrator DATE: 31 January 1991 SUBJECT: Revised Schedule for Natural Resources Growth Management Plan implementation Attached is the revised estimate of the implementation of the Natural Resources component of the Growth Management Plan (GMP) . Please note the following: 1. The current recommendation is to diverge from the schedule in the GMP. Current plans are to consolidate all of the different habitats earmarked in the GMP for protection into one overall Habitat Protection Ordinance. This proposal will have to be brought before the Environmental Policy Technical Advisory Board and the BCC for their respective approval, and then DCA will have to be petitioned to allow for the modification of the GMP. The advantages of such a proposal far outweigh the disadvantages to the landowners/developers, County staff, and to the environment. 2. The Florida Department of Natural Resources (FDNR) has specified that it wants a manatee protection plan implemented by the County, but at this time, no information as to what the State feels appropriate for inclusion into such a plan has been forthcoming. County staff is in contact with FDNR staff on just about a weekly basis concerning this subject. 3. County NRD staff feels that they have provided guidelines to Development Services for inclusion as stipulations into development orders. While individual species have not been singled out for detailed management guidelines, a generic "listed species" stipulation has been produced, was reviewed by the EAC at a regular meeting and is currently in use. Although not as restrictive as staff would desire, staff feels that this does meet the minimum requirements of the GMP. Staff also feel that the development of "guidelines", non-enforceable management plan, will not afford the wildlife of the County any more protection than the guidelines currently utilized by the Florida Game and Freshwater Fish Commission (FGFWFC) and the U.S. Fish & Wildlife Service (USFWS) . As a result, staff have been attempting to go beyond the minimum requirements of the GMP and introduce wildlife protection ordinances. Thus far a Bald Eagle Ordinance has been through four drafts and three EAC hearings; the result being that at the last EAC hearing, staff was instructed by the EAC to start over again from scratch. In addition, FGFWFC has communicated to staff that FGFWFC has pre-emptive authority over wildlife and that the County was not authorized to promulgate regulations. Staff is awaiting an opinion from the County Attorney's office. For your information, I have also attached a response from staff to Mr. Gary Beardsley clarifying the status of several goals, objectives, and/or policies which he feels are overdue. W F- 0 •Z. ....,....t& Q v2 MMMMM O ..... �.- ( O Q -'. . vvp..• W �� O •- 014- ICNJ W a CC~ PpOmm( W -__WLX «.X2222 W 0= XW . WWWWW XX mWWW WWW - .w..CCC WW O (F-z22(F(-,��azzua z-Amac ww UU a 0w. »;OX»aL IVF(JU LeiUtai WW no N O 1- 0 =O N `O al .... 01-W � W0 WOW). 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W <_F-00000 JW MI W Ca 0UN W W<CC2= W 20W F-(D<`- :d JWWWWW C J00 F-.-J<•-•F- W M W W W W W a(�<0 2<_ Y ...W UmUC WU J 'C 2 <24-22 0200000 O<W C <- W0 024. 22 U w8'&8 00 CWF-C F-W d>00 O < N--JO]]W WJ >F-»»> w201 M220 2W I<W W NC C <CF-2UI-22-F-.-• 0200000 ><C UOWX ...CO U22.2-0. M O W W<W(4- W M 2022222 W JD F- U2322 W A OaL d Ud add d 0 vd .•. < W 1, N M 2 F- v v 0 r &&&&&&&&T& 0p.pp0...-p-..pp•-.p pNp pNp.ppN...t4p4 &&&&&&& 0.ppN..pNp,pNp(p'4.ppN..44p. appt.. pp. v W 8 P Q P P Q P Q 0.-Q Q Q Q Q Q Q Q Q Q a O. .- YYYYYYY F- F- a N NNNVIVI N NF-C CC CCCC C N N W >>>>7 D D M N< <<<<<<< M 00000000MD »»=7 m V V a 7>>7 0 7 O 0 V 2 2222222 0 > U <<<<<<<<<< < < 12 2 d 0 .-••• 2 r .- N 0 F-- < < C C F- F- 2 2 W Y W 0 U U U 2 2 J 20<�.-NN CMelM M.- O0N.-M MM M N W U. Oa U("4 • gr.0 fV•-.-MWf••M M M M MM • 1-2.1.- 0,0,0 •0.0*-1, 1 M M • a < • .-. F- V J C CO 0J I < I- II II 2 2 0 COLLIER COUNTY GOVERNMENT DIVISION OF ADMINISTRATIVE SERVICES 3301 E. TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES. FL 33962 (813) 774-8454 A CERTIFIED BLUE CHIP COMMUNITY 7 January 1991 Mr. Gary L. Beardsley Tropical Environmental Consultants 24550 Sailfish Street Bonita Springs, FL 33923 Dear Gary:,-,. • On 12 December 1990, you telefaxed a list of Goals, Objectives, and Policies (GOPs) from the Conservation and Coastal Management Element (CCME) of the Collier County Growth Management Plan (GMP) to the Natural Resources Department (NRD) of the Environmental Services Division of Collier County Government. Specifically, you requested a review and an update of the status of each of the listed GOPs. What follows is my assessment of their status at this time: Objective 1.1 - On schedule. 1994 is the operative date stipulated for completion. Process is under way. Policy 1. 1. 1 - Implementation is overdue but the Process to establish a Technical Advisory Committee is under way and the Committee should be established by February 1991 depending on the BCC. Policy 1. 1.3 - Implementation is overdue. Original request by ESD would have had staff in place for Natural Resources Department by Jan 90. Currently NRD may be at capacity or may be one line short. Will not be able to determine until examine progress at mid-FY 90-91. Status of how other departments are staffed is unknown to me. Objective 1.2 - Complete. Policy 1. 3 .2 - Implementation is overdue. Scheduled completion date for BCC adoption is June 1991. ** Policy 1.3.3 - In progress. 1994 is the operative date stipulated for completion. Objective 2.4 - In progress. Agreement is being actively pursued. Objective 3 . 3 - Implementation is overdue. However, this is not a Natural Resources Department initiative. Objective 4 . 1 - Objective 4 .2 - Policy 4 .2. 5 - Not NRD responsibility. Status unknown. Policy 4.2.6 - Objective 5.4 - Policy 6.1 - Implementation is overdue. Scheduled completion date for: First Draft on 15 February 1991, BCC adoption June 1991. ** Policy 6.6.6 - Complete. Policy 6.6.7 - Complete. • Policy 7.3.3 - Complete. Policy 7.3.9 - Complete. Major revision deemed unnecessary. Policy 7.3.•8 - Up to this time, I have not seen this addition to the COME until you sent it in. I don't know what this is. On 3 Jan 1991, we received what was supposed to be the latest version. this is not included. Objective 11. 3- Self-implementing. Objective 11.4- Self-implementing. Policy 11.5.2 - Questionable policy. As far as I know, with the possible exception of Key Island, no additional areas are suitable for purchase for "public beaches". Objective 11.6- Implementation is overdue. Scheduled completion date for BCC adoption is June 1991. ** Policy 12.1.1 - Archaeological content. Not the responsibility of NRD or ESD. No knowledge of status. Policy 13.1.4 - Emergency Management Services Division responsibility. No knowledge of status. Policy 13.2.7 - Community Development Services Division and/or Emergency Management Services Division responsibility. No knowledge of status. Policy 13.3.7 - Community Development Services Division and/or Emergency Management Services Division responsibility. No knowledge of status. ** Specifically related to Coastal Barrier Management Plan/Xeric Scrub Plan/Ordinance. If I or any of my staff can be of further assistance to you, please do not hesitate to contact me. Sincer= y, i/ uart L. Santos Ph.D. Natural Resources Director cc: William D. Lorenz Jr. , P.E. , Administrator • • MEMORANDUM TO: Ken Cuyler, County Attorney Marjorie Student, Assistant County Attorney FROM: Stan Litsinger, Growth Management Chief DATE: June 9, 1994 SUBJECT: RLS - Public Participation Requirements for the EAR As a follow-up to the discussion that Marjorie and I had yesterday on this subject, I would like to outline my plans for the EAR process and public participation in that effort. I am asking you for a legal interpretation that what I propose meets the public participation requirements of Rule 9J-5. 0053 (2) (c) . I propose to have the BCC adopt a resolution outlining the steps, procedures and timeframes for the EAR process with the following principal features: I. Conduct an internal Monitoring and Evaluation (MER) survey similar to previous years, but updated to collect additional information per the criteria in 9J-5. 0053, for the period 01/10/89 through 12/31/94. Timeframe - 01/95-03/95. II. Staff to draft proposed EARs for each element per Rule 9J-5.0053, incorporating information collected during the MER. Timeframe - 04/95-06/95. III. The following citizen advisory boards will review, comment, make recommendations and hold public workshops, with staff liaison and assistance, on draft EARs resulting in proposed final EARs to be presented to the CCPC at an advertised public hearing. Timeframe - 07/95 - 09/95: Element/Sub-element Advisory Board FLUE Ad Hoc CAC for Evaluation and G.G. Master Plan Appraisal of the FLUE to be Immokalee Master Plan appointed by the CCPC and approved by the BCC by 04/95, seven (7) members. CIE Council of Economic Advisors Recreation & Open Space Parks & Recreation Advisory Board Element/Sub-element Advisory Board Coastal & Conservation Environmental Policy Technical Management Advisory Board Housing Affordable Housing Commission Public Facilities Environmental Policy Technical Advisory Board Traffic Circulation CAC to the MPO; Technical Mass Transit Advisory Committee to the MPO; Pathways Advisory Committee Aviation Airport Authority; CAC to the MPO; Technical Advisory Committee to the MPO Intergovernmental Council of Economic Advisors Coordination IV. Proposed final EAR to be presented to the CCPC for review and transmittal to the BCC for adoption and contemporaneously send a copy of the proposed EAR to DCA. Timeframe - 09/95-10/95. V. The BCC will adopt, or adopt with changes, the proposed EAR at an advertised public hearing on or before January 1, 1996 and transmit the proposed EAR to DCA for sufficiency review. Timeframe - 10/95-01/96. VI. DCA conducts its sufficiency review in accordance with 9J-5.0053 (4) . The County will request substantive comments per 9J-5.0053 (4) (2) (b) . Timeframe - 01/96-02/96. VII. Upon a DCA finding of sufficiency of the EAR, the County will adopt amendments identified in the EAR in accordance with 9J-5. 0053 (8) , and complete associated "Needed Actions" , such as revised data and analysis and studies, identified in the EAR in accordance with 9J-5.0053 (7) , as part of the FY96 Plan Amendment Cycle. Timeframe - 03/96-03/97. I would appreciate your opinion and comments on this proposal at your earliest convenience. I will almost certainly be forwarding additional RLSs for interpretation of the meaning and requirements of Rule 9J-5. 0053 . cc: Dick Clark, Acting Administrator, Community Development Services Wayne Arnold, Acting Director, Site Development Review Barbara Cacchione, Chief Planner, Long Range Planning Margret Bowles, Planner II, Growth Management Maureen Amengual, Planner I, Growth Management W. Neil Dorrill, County Manager STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" , and Collier County, hereinafter referred to as the "Recipient. " WITNESSETH WHEREAS, in accordance with Chapter 163 , Part II, F. S. , and Chapter 9-J5, Florida Administrative Code, each local government within the State of Florida is required to prepare and submit for Department review an Evaluation and Appraisal Report to assess and evaluate the success or failure of the local government 's comprehensive plan; and WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, F. S. , and Chapter 93-206, Laws of Florida, has determined that the Recipient is a local government eligible to receive funds under the Local Government Evaluation and Appraisal Report Assistance Program, hereinafter referred to as the "Program; " and WHEREAS, pursuant to the 1994-1995 General Appropriations Act, Line Item 296, the Legislature has appropriated $1, 800, 000 to fund implementation of the Local Government Evaluation and Appraisal Report Assistance Program; NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY AGREE AS FOLLOWS : I. Covenant for Services The Department does hereby contract with the Recipient for the performance of the services described herein and the Recipient does hereby agree to perform such services under the terms and conditions set forth in this contract. II. Availability of Funds Payment of these state funds pursuant to this contract are subject to and conditioned upon the total release of the funds appropriated to implement the Local Government Evaluation and Appraisal Report Assistance Program. The State of Florida ' s performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. 1 III. Definition, Scope and Quality of Service (A) Intent of the Contract The Recipient agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the specified work products outlined in section III below, Scope of Services. The Recipient further agrees that neither the Department' s entering into this agreement nor its acceptance of the Recipient' s work products shall be construed as a determination by the Department that the local government has satisfactorily met the requirements of Chapter 163 , Part II, F. S. , Chapter 93-206, Laws of Florida, or Chapter 9J-5, F.A.C. The Recipient further agrees that nothing herein shall be construed by the Recipient as a waiver by the Department of it ' s responsibility to conduct a sufficiency review, or its authority to make a sufficiency determination, for the Recipient' s adopted Evaluation and Appraisal Report. The Department recognizes that the funding received by the Recipient under the Program constitutes only a partial funding of the actual costs associated with the development,- completion, and adoption of the Evaluation and Appraisal Report, and that the work products being contracted for constitutes only a portion of the requirements necessary for completion of the Recipient' s Evaluation and Appraisal Report. The Department and the Recipient agree that the work products funded under this contract must be completed as specified herein in order for the Recipient to successfully complete its Evaluation and Appraisal Report, and that these work products are being funded to achieve that end. (B) Scope of Services. (1) Services provided under this contract shall be in connection with the total area under the Recipient' s planning jurisdiction. (2) In accordance with §163 . 3191, F.S. , and Rule 9J- 5. 0053 , F.A.C. , each Recipient shall provide appropriate documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, that address, at a mimimum, the following: (a) The condition of each comprehensive plan element at the time of plan adoption, including summaries of the data and analysis from each element of the existing plan at the time of adoption; (b) The condition of each comprehensive plan element as of the date of submittal of the work products required under this contract; 2 (c) A summary of all land use text and map amendments and all other text amendments (other than format or nonsubstantive amendments) made to the Recipient ' s comprehensive plan since its adoption; (d) An updated, current "existing" land use map and table of existing land uses as of the date of submittal of the work products required under this contract; (e) A new "existing" traffic circulation map depicting conditions as of the date of submittal of the work products required under this contract; and (f) A summary of the condition and quality of all natural resources anticipated as of the date of submittal of the work products required under this contract. (3) A description of the public participation process to be used in preparation of the local government' s Evaluation and Appraisal Report. (4) A detailed workplan that the Recipient will follow in completing the Scope of Services required by this contract. IV. Consideration (A) Amount of Consideration As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $ 20 , 224 . Payment will be made in accordance with Article V of this contract. (B) Use of Funds (1) Funds may be used for salaries and expenses of local government staff members or subcontractors involved in preparing all or a portion of the required work products specified in section III (B) , Scope of Services, of this contract. (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112 . 061, Florida Statutes. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. (4) These funds may not be used for the purpose of lobbying the Florida Legislature or a state agency. 3 V. Method of Payment (A) The Department shall pay twenty-five (25) percentum ($ 5, 056) to the Recipient following execution of this contract and the Department' s receipt, review, and acceptance of the workplan that satisfactorily completes the requirements specified in Section III, above, and this section. An acceptable workplan will, at a minimum, address: (1) The criteria specified in the Scope of Services, and contain appropriate and relevant documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, relating to those issues delineated in Section 163 . 3191(2) and (3) , Florida Statutes, and Rule 9J-5 . 0053 , Florida Administrative Code. The workplan will also include, but not be limited to, the following: (a) The individual (s) who will be responsible for developing each component of the work plan, including any subcontractors; (b) Estimated date of completion -of each component of the workplan; (c) Problems or obstacles the Recipient anticipates developing each component, and the means the Recipient will use to resolve these problems or obstacles. (2) A copy of any subcontract for any or all of the work required by this contract and entered into by the Recipient will be submitted to the Department as an attachment to the workplan listed above. Absent a copy of the actual signed agreement for any work under this document that the Recipient subcontracts to be performed will be deemed unacceptable to, and uncompensable by, the Department. (B) The Department shall pay the final seventy-five (75) per centum of the funds ( $15, 168) following receipt, review and acceptance of the work products specified in Section III, Scope of Services, above. (C) The Department shall pay the amounts indicated in this agreement after receipt of the work products under this contract are deemed by the Department to be acceptable. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles, and is consistent with the requirements of this contract. The Recipient acknowledges and agrees that payment under this agreement is contingent upon Recipient providing the Department, on or before August 15, 1995, with all of the requisite work products in final form, acceptance of the final work products by the Department, and the Recipient' s contract closeout report, as specified below. 4 VI. Required Reports and Records (A) The Recipient shall provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report must _be received by the Department no later than August 15, 1995. (B) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. VII. Audit Requirements (A) The Recipient agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. (B) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8 : 00 a.m. to 5: 00 p.m. , local time, Monday through Friday. (C) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11. 45 and 216.349 , Florida Statutes, and Chapter 10 . 550, Rules of the Auditor General, and OMB Circular A-128 for the purposes of auditing and monitoring the funds awarded under this contract. (1) The annual financial audit report shall include all management letters and the Recipient' s response to all findings, including corrective actions to be taken. (2) The annual financial audit report shall include a schedule of financial assistance specifically identifying all contract and grant revenue by sponsoring agency and contract number. (3) The complete financial audit report, including all items specified in section VII (C) (1) and (2) above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399-2100 5 (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepared by the Recipient for the 1993-94 and 1994-95 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with the conditions of this contract the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and contract provisions within thirty (30) days after the Department has notified the Recipient of such noncompliance. (F) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (G) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit theredT. VIII. Public Records The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119 , Florida Statutes, prepared or received by the Recipient in conjunction with this contract. IX. Subcontracts (A) If the Recipient subcontracts any or all of the work required under this contract, the Recipient agrees to include in the subcontract specific language to inform the subcontractor that the subcontract is bound by the terms and conditions of this contract between the Recipient and the Department. (B) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor' s performance of work under this contract, to the extent allowed and required by law. (C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be forwarded to the Department as a portion of the workplan required under section V(A) of this agreement. 6 (D) Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this agreement between the Recipient and the Department in order for the Recipient to receive payment from the Department. X. Liability The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient, its subcontractors or agents, if any, that is related to the Recipient' s performance under this contract. XI. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on Aucrust 15 , 1995. The Recipient will receive no compensation for work received by the Department after this date. - XII. Modification of Contract Either party may request modification of the provisions of this contract with the exception that no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Other changes which are mutually agreed upon shall be made by written correspondence from the Department and shall be incorporated as part of this contract. XIII. Identification of Documents The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance Program authorized by Chapter 93-206, Laws of Florida, and administered by the Florida Department of Community Affairs. " The date (month and year) the document was prepared and the name of the subcontractor or Recipient community responsible for its preparation shall also be shown. 7 XIV. Termination (A) This contract may be terminated by the written mutual consent of the parties. (B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract, the Department shall have the right, without liability, to terminate this contract within ten (10) days after giving written notice to the Recipient of such termination. The Department may also require a pro rata repayment for funds paid to a Recipient who breaches any part of this contract. (C) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of contract by the Recipient. The Department may withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. XV. Notice and Contact (A) The contract manager for this contract is: Cherie Trainor Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 (B) The representative of the Recipient (not a consultant) , responsible for the administration of this contract is: (C) In the event that different representatives are designated by either party after execution of this contract, notice of the name, title and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. 8 XVI. Terms and Conditions The contract contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: Name and Title Date Witness STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title Date Witness 9 ELMS AND EARS 5th Annual Advanced Growth Management Short Course Florida Chamber of Commerce Les Solin, Jr., AICP Solin and Associates, Inc. 901 Douglas Avenue, Suite 207 Altamonte Springs, Florida 32714 OUTLINE OF 9J-5.0053, FAC , EVALUATION AND APPRAISAL REPORT PROCEDURES A. PURPOSE AND INTENT. 1. Assess and evaluate the success or failure of the local government's comprehensive plan, including: a. the validity of the projections, b. the realization of the goals and objectives, and c. the implementation of the plan's policies. 2. Address changes in: a. local conditions b. state and regional policies on planning and growth management and related amendments 3. Suggest changes needed to update the comprehensive plan, elements, or portions thereof including a. reformulating goals, objectives, policies,1 , po ictes, maps, schedules, and procedures; b. adding goals, objectives, policies, maps, schedules, and procedures; and c. amending the Plan based on the evaluation and appraisal report or providing a 1 year schedule for adoption of evaluation and appraisal report based amendments. B. TRANSMITTAL 1. Local Planning Agency shall prepare the evaluation and appraisal report.The evaluation and appraisal report i shall be transmitted to both the local governing body and the Department of Community Affairs. 2. Within 90 days after receiving the proposed evaluation and appraisal report from the local planning agency,the local governing body shall adopt, or adopt with changes, the proposed evaluation and appraisal report. 3. Within 10 working days of adoption of the report, the local governing body shall submit three copies of the *: adopted report to the Department. 4. If the local governing body adopts an evaluation and appraisal report more than 90 days prior to the due date, the local governing body shall also adopt an addendum to the adopted report and submit on the addendum on the due date. The addendum shall address the following issues which may have changed subsequent to the adoption of the evaluation and appraisal report: a. relevant changes in local conditions, b. the state comprehensive plan, c. the Statute requirements, d. the requirements of the Rule and e. the applicable strategic regional policy plan 5. All evaluation and appraisal report materials,including graphics and text,su cluding data and analysis, a submittal letter stating the dates on which the local government hdocumentsrt heldthe requisite public hearings, tand a copy of the adoption ordinance shall be submitted directly to the DCA. 373 � A s1 " 'f. mus{ * 41.1: OUTLINE OF 9J-5.0053, FAC , EVALUATION AND APPRAISAL REPORT PROCEDURES Page 2 of 3 C. CRITERIA FOR DETERMINING SUFFICIENCY 1. Within 30 days of receiving an adopted evaluation and appraisal report or addendum, the Department shall determine its sufficiency. This review shall not be a compliance review,but shall be a determination that: a. the report or addendum was adopted and submitted timely; and b. the adopted report or addendum addresses all the requisite provisions 2. The Department may provide substantive comments regarding the report or addendum at this if a written request is received from the local government with the report.Comments provided during the sufficiency review will not be binding on the local government or the Department 3. Upon completion of its sufficiency review,the Department will notify in writing the local governing body of its sufficiency determination. a. If the adopted report or addendum is sufficient, the local government shall proceed with adoption of evaluation and appraisal report based plan amendments b. If the adopted report or addendum is not sufficient,the local governing body is prohibited from amending its comprehensive plan until an evaluation and appraisal report or addendum that is sufficient is adopted and submitted. 4. If an evaluation and appraisal report is not submitted and/or adopted by the due dates,the local governing body is prohibited from amending its comprehensive plan until an evaluation and appraisal report or addendum that the Department determines sufficient is submitted and/or adopted. D. ADOPTION OF EVALUATION AND APPRAISAL REPORT AMENDMENTS. 1. Within one year of the adoption of an evaluation and appraisal report the local government shall amend its comprehensive plan based upon the recommendations contained therein. 2. All evaluation and appraisal report based plan amendments shall be subject to compliance review. 3. A localgovernment may adopt adt its evaluation and appraisal report-based plan amendments simultaneously with the adoption of its report or addendum. E. EVALUATION AND APPRAISAL REPORT MINIMUM CRITERIA ] 1. The report shall contain appropriate statements,including data,analysis and conclusions,using words, maps, illustrations, schedules, or other graphic formats that address the following: 1. Condition of Each Element at the Time of Adoption including summaries of data and analysis from each element of the existing adopted plan. 2. Condition of Each Element at the Date of Report a. Summaries of each element describing current conditions; b. A summary of all land use text,map amendments and all other major text amendments made to the plan; c. A new existing land use map and table of existing land uses for current conditions as of the date of the report; Y; d. A new existing traffic circulation map; and e. A summary of the condition and quality of all natural resources. 374 SOLIN AND ASSOCIATES, INC. 901 Douglas Avenue,Suite 207,Altamonte Springs,Florida 32714 (407)682-7200 ANIMAS OUTLINE OF 9J-5.0053, FAC , EVALUATION AND APPRAISAL REPORT PROCEDURES Page 3 of 3 3. Comparison of the Plan's Adopted Objectives with Actual Results a. Comparison of objectives,including specific and measurable targets,to the actual results and conditions. b. Determine whether the objective was achieved. 4. Major Problems of Development, Physical Deterioration,Location of Land uses and the Social and Economic Effects of the Major Problems Identified a. The accuracy and use of the population projections; b. Actual vs. anticipated rate of development; c. The effect of concurrency requirements; d. The maintenance and/or achievement of adequate Level of Service Standards; e. Coordinating with development the provision of public facilities and services; f. The actual vs. projected revenues and expenditures regarding capital improvements; g. The generation and status of new revenue sources; h. Physical deterioration of public buildings,utilities,infrastructure,recreation facilities,and parks,and the need for replacement or rehabilitation; i Physical deterioration of buildings and structures in the commercial,and industrial land use categories; j. Physical deterioration of the housing stock, including mobile homes; k. The location of development with regard to existing infrastructure; 1. The location of development in relation to where development was anticipated in the adopted plan,such as within areas designated for urban growth; m. The location of development in relation to its compatibility with safety and evacuation in coastal high hazard areas; n. The location of development in relation to the maintenance of environmentally sensitive areas; and o. The social and economic effects of the major problems previously identified by providing a description of the effects. 5. Unanticipated and Unforeseen Problems and Opportunities Which Occurred Since Adoption. a. Provide a description of the unforeseen problems and/or opportunities and their impact on the comprehensive plan. 6. Effect on the Local Comprehensive Plan.The report shall assess the consistency of the Plan with: a. Changes to State Comprehensive Plan since 1985; b. Changes to appropriate strategic regional policy plan; c. Changes to Rule 9J-5, FA.C.; and d. Changes to Chapter 163, Part II, F.S. 7. Identification of any Needed Actions to Address the Planning Issues Raised in the Report a. New, revised, minimum 5-year and minimum 10-year timeframes and population projections; b. New and revised goals, objectives and policies; c. Revised future conditions maps; d. New capital improvements element; e. Other actions, such as monitoring and evaluation procedures; and f. Studies to be completed. 8. Identification of Proposed or Anticipated Plan Amendments to Address or Implement the Identified Changes a. Identify proposed or anticipated plan amendments; and b. Provide a schedule for transmittal and adoption of the plan amendments identified in the previous section. 9. Description of the public participation process used in the preparation of the report. 375 SOLIN AND ASSOCIATES, INC. 901 Douglas Avenue,Suite 207,Altamonte Springs,Florida 32714 (407)682-7200 +ss; EVALUATION AND APPRAISAL REPORT RULE • Page 1of3 9J-5.0053 Procedure for the Transmittal and Review of Local QUI A local planning agency may, at the direction of the local Government Comprehensive Plan Evaluation and governing body,and in accordance with Section 1633191(8), Appraisal Reports and Evaluation and Appraisal F.S.,prepare and transmit an evaluation and appraisal report Amendments. in advance of the transmittal date established by Rule 91-33, FA.C., in accordance with the Early Submission in PURPOSEAND INTENT.It is the intent of the Legislature that requirements therein. each unit of local government required to adopt a comprehensive plan pursuant to Chapter 163, Part II,F.S.,periodically update u If a local planning agency transmits an early evaluation and its comprehensive plan through the preparation and adoption of appraisal report,the local planning agency shall transmit, in an evaluation and appraisal report (EAR) and adoption of an conformity with the schedule established by Rule 91-33, evaluation and appraisal report-based plan amendments in FAC., an addendum which, at a minimum, addresses accordance with Section 1633191,F.S. This Rule establishes the changes in local conditions, relevant changes in the state procedures and criteria for the preparation,transmittal,adoption comprehensive plan, the requirements of Section 1633191, and sufficiency review of local government comprehensive plan F.S.,the requirements of Chapter 9J-5,F.A.C.,and applicable evaluation and appraisal reports and evaluation and appraisal strategic regional policy plan changes that occurred report-based plan amendments submitted pursuant to the Local subsequent to the adoption of the earlier evaluation and Government Comprehensive Planning and Land Development appraisal report. Regulation Act,Chapter 163,Part II,F.S.,and Chapters 91-5 and 9J-33,FA.C. The purpose of the evaluation and appraisal report SUBMITTAL REQUIREMENTS FOR ADOPTED is to assess and evaluate the success or failure of the local EVALUATION AND APPRAISAL REPORT. government's comprehensive plan, including the validity of the projections,the realization of the goals and objectives,and the Ll Within 90 days after receiving the proposed evaluation and implementation of the plan's policies. The report shall also appraisal report from the local planning agency, the local 3 address changes in local conditions,changes in state and regional governing body shall adopt or adopt with changes, the policies on planning and growth management and through proposed evaluation and appraisal report.Within 10 working adoption of related amendments, to update the local days of adoption, the local governing body shall submit 3 government's comprehensive plan to address the issues raised in copies of the adopted report to the Department. )_ the report. 01 The adopted evaluation and appraisal report will assess and tai Transmittal Requirements for Proposed Evaluation and Appraisal evaluate the success or failure of the local government's Report. adopted comprehensive plan, including the validity of the projections, the realization of the goals and objectives, u In accordance with the schedule established in Rule 93-33, implementation of the plan's policies. The adopted FA.C.,the local planning agency shall prepare and transmit evaluation and appraisal report shall also address changes in a proposed evaluation and appraisal report to the local local conditions,changes in state and regional policies on the r* governing body for review and adoption, and comprehensive plan, changes needed to update the contemporaneously send a copy to the Department. At a comprehensive plan,elements,or portions thereof; include minimum,the format and content of the proposed report will reformulated or additional goals,objectives,policies, maps, include a table of contents; numbered pages; element schedules, and procedures; and otherwise address the headings;section headings within elements;a list of included requirements specified Section 1633191,F.S.,and this Rule tables,maps and figures; titles and sources for all included Chapter. When evaluation and appraisal report-based tables,maps and figures;where applicable,maps shall include amendments to the comprehensive plan do not occur major natural and man-made geographic features,city county simultaneously with the adoption of the evaluation and and state lines;maps shall contain a legend indicating a north appraisal report, the report shall include a schedule for arrow,map scale and date;a preparation date;and the name adoption of evaluation and appraisal report-based of the preparer. amendments within 1 year after the report or addendum is adopted unless a six-month extension is granted by the al The proposed evaluation and appraisal report will assess and department. evaluate the success or failure of the local government's adopted comprehensive plan, including the validity of the 11 The local governing body shall adopt,or adopt with changes, projections, the realization of the goals and objectives, and the evaluation and appraisal report in conformity with the implementation of the plan's policies. The proposed public participation procedures in accordance with the public evaluation and appraisal report shall also address changes in participation requirements of Section 1633181,F.S.and Rule local conditions and changes in state and regional policies on 9J-5.004,F.A.C. the comprehensive plan; suggest changes needed to update the comprehensive plan, elements, or portions thereof; u A local governing body may adopt and submit an evaluation , suggest reformulated or additional goals,objectives,policies, and appraisal report transmitted by the local planning agency ;; maps,schedules,and procedures;and otherwise address the in advance of the submittal date established by Rule 91-33, requirements specified Section 1633191,F.S.,and this Rule FA.C., in accordance with the Early Submission Chapter. requirements therein. u The local planning agency shall prepare its proposed report u If the local governing body adopts an evaluation and s in conformity with the public participation procedures that appraisal report more than 90 daysprior to the due date were adopted by the local planning agency in accordance with established in Rule 91-33, F.A.C., for the adoption of the y: the public participation requirements of Section 1633181, report,the local governing body shall also adopt and submit -,,< F.S.and Rule 9J-5.004,F.A.C. 376 SOLIN AND ASSOCIATES, INC. 901 Douglas Avenue,Suite 207,Altamonte Springs,Florida 32714 (407)682-72 , 'UATION AND APPRAISAL REPORT R Page 2 of 3 an addendum to the adopted report in conformity with this or addendum, and may proceed with plan amendments in subsection. addition to the evaluation and appraisal report-based plan amendments. LO At a minimum,the addendum shall address relevant changes in local conditions, the state comprehensive plan, the Lel If the local planning agency fails to transmit its evaluation requirements of Section 1633191,F.S.,the requirements of report or addendum to the Department by the established Chapter 9J-5, F.A.C., and the applicable strategic regional transmittal date,or if the local governing body fails to adopt I policy plan that occurred subsequent to the adoption of the the evaluation and appraisal report by the established earlier evaluation and appraisal report. The public adoption date, the local governing body is prohibited from participation, public notice, and adoption requirements amending its comprehensive plan until such time as the local established for the submittal of the adopted evaluation and governing body adopts and submits an evaluation and i appraisal report must be followed when submittitig the appraisal report or addendum that the Department addendum to the adopted report. determines sufficiently addresses the requisite provisions of f Section 163.3191, F.S., and this Rule Chapter. If the (8 All evaluation and appraisal report materials, including Department determines that the adopted report or addendum graphic and textual materials, maps, support documents is not sufficient because it fails to address the requirements including data and analysis, a submittal letter from the of Section 1633191, F.S., and this Rule Chapter, the local designee of the local governing body stating the dates on governing body is prohibited form amending its which the local government held the requisite public hearing; comprehensive plan until such time as the local governing and a copy of the adoption ordinance shall be submitted body adopts and submits an evaluation and appraisal report directly to: or addendum that the Department determines sufficiently addresses the requisite provision of Section 1633191, F.S., Florida Department of Community Affairs and this Rule Chapter, except for plan amendments to Bureau of Local Planning,Room 252 implement recommendations in the adopted evaluation and Plan Processing Team-EAR REVIEW appraisal report or addendum. 2740 Centerview Drive Tallahassee,Florida 32399-2100 in If local government are prohibited from amending the comprehensive plan pursuant to rule 9J-5.0053(4)(e)FAC., L,j CRITERIA FOR DETERMINING SUFFICIENCY OF then during the time period of the prohibition starting ADOPTED EVALUATION AND APPRAISAL REPORTS. subsequent to the submission date specified in Rule 9J-33, FAC, amendments will not be processed by the Lal Within 30 days of receipt of an adopted evaluation and Department, and will be returned to the local government appraisal report or addendum, the Department shall review except for plan amendments to implement recommendations the adopted report to determine its sufficiency. A sufficiency in the evaluation and appraisal report. In order to secure review shall not be a compliance review, but shall be a review thereafter, the local government may resubmit the determination that: amendments in accordance with the requirements of Sections 1633184, 1633187, and 1633189, F.S, following a 1. the report or addendum was adopted and submitted determination that the local government's evaluation and timely;and appraisal report or addendum is sufficient. 2. the adopted report or addendum addresses all the requisite provisions of Section 163.3191,F.S,including the L51 ADOPTION OF EVALUATION AND APPRAISAL REPORT requirements of subsections 1633191(2),(3),and(6),F.S., AMENDMENTS. and this Rule Chapter. Lal Except when a local governing body submits its amendment 1 A local government may request that the Department provide simultaneously with its evaluation and appraisal report,within substantive comments regarding the report or addendum one year of adoption of an evaluation and appraisal report, during the Department's sufficiency review to assist the local and within one year of adoption of an addendum to the government in the adoption of its evaluation and appraisal earlier report, the local government shall amend its report-based plan amendments. Comments provided during comprehensive plan based upon the recommendations the sufficiency review will not be binding on the local contained therein unless a six-month extension is granted by government or the Department,and will not supplant or limit the department. the Department's consistency review of the adopted EAR- based amendments. A request for comments must be made all All evaluation and appraisal report based plan amendments, in writing by the local government and must be submitted at including amendments adopted pursuant to an addendum, the same time the adopted report is submitted for sufficiency shall be adopted in accordance with the procedures contained review. in Sections 1633184, 1633187,and 1633189,F.S.,and shall be subject to compliance review as that term is defined in Lel Upon completion of its sufficiency review, the Department Section 1633184(1)(b),F.S. will notify in writing the local governing body of its sufficiency determination. Lel Notwithstanding the requirements of subsection (1) of this section, a local government may adopt its evaluation and t Ldl If the Department determines that the adopted report or appraisal report-based plan amendments simultaneously with addendum sufficiently addresses the requisite provisions of the adoption of its report or addendum. An evaluation and Section 1633191, F.S., and this Rule Chapter, the local appraisal report adopted simultaneous with the local government shall proceed with adoption of plan amendments government's adoption of the report-based plan amendments necessary to implement the recommendations in the report shall be adopted in accordance with Sections 1633187(5)and 377 SOLIN AND ASSOCIATES, INC. 901 Douglas Avenue,Suite 207,Altamonte Springs,Florida 32714 (407)682-7200 I EVALUATION AND APPRAISAL REPORT RULE Page 3 of 3 1633191, F.S., and this Rule Chapter, including the c. The effect of concurrency requirements; requirements for public notice and public hearings. The d. The maintenance and/or achievement of adequate adoption of a report simultaneous with the adoption of Level of Service Standards; report-based plan amendments shall not act as a bar to,or e. Coordinating with development the provision of public limitation on, the effect of the Department's sufficiency facilities and services; review of the adopted report,nor may the Department waive f. The actual vs. projected revenues and expenditures its responsibilities for review of such report. Evaluation and regarding capital improvements; appraisal report-based plan amendments adopted & The generation and status of new revenue sources; simultaneously with the local government's adoption of its h. Physical deterioration of public buildings, utilities, report shall be adopted in accordance with Sections 1633184, infrastructure, recreation facilities,and parks, and the 1633187, and 1633189, F.S., and shall be subject to need for replacement or rehabilitation; compliance review. i. Physical deterioration of buildings and structures in the commercial,and industrial land use categories; 0.1 EVALUATION AND APPRAISAL REPORT MINIMUM i Physical deterioration of the housing stock, including CRITERIA. mobile homes; k. The location of development with regard to existing Lai.The evaluation and appraisal report shall include an infrastructure; evaluation and assessment of the success or failure of the 1. The location of development in relation to where local government's adopted comprehensive plan, including development was anticipated in the adopted plan,such the validity of the projections,the realization of the goals and as within areas designated for urban growth; objectives, and the implementation of the plan's policies. m.The location of development in relation to its The evaluation and appraisal report shall also address compatibility with safety and evacuation in coastal high changes in local conditions, changes in state and regional hazard areas; policies on the comprehensive plan, changes needed to n. The location of development in relation to the update the comprehensive plan, elements, or portions maintenance of environmentally sensitive areas;and thereof;reformulated or additional goals,objectives,policies, o. The social and economic effects of the major problems maps,schedules, and procedures;and through adoption of previously identified by providing a description of the report-based plan amendments, update the local effects. government's comprehensive plan to address the issues raised in the report; and otherwise address the requirements 5. Unanticipated and Unforeseen Problems and specified Section 1633191,F.S.,and this Rule Chapter. The Opportunities Which Occurred Since Adoption. report shall contain appropriate statements, including data, analysis and conclusions, using words, maps, illustrations, a. Provide a description of the unforeseen problems schedules, or other graphic formats that address the and/or opportunities and their impact on the following: comprehensive plan. 1. Condition of Each Element at the Time of Adoption 6. Effect on the Local Comprehensive Plan.The report shall assess the consistency of the comprehensive plan with: a. Summaries of data and analysis from each element of the existing adopted plan. a. Changes to State Comprehensive Plan since 1985; b. Changes to appropriate strategic regional policy plan; 2. Condition of Each Element at the Date of Report c. Changes to Rule 97-5,FA.C.;and d. Changes to Chapter 163,Part II,F.S. a Summaries of each element describing current conditions; 7. Identification of any Needed Actions to Address the b. A summary of all land use text and map amendments Planning Issues Raised in the Report and all other major text amendments made to the plan; c. A new existing land use map and table of existing land a. New, revised, minimum 5-year and minimum 10-year uses for current conditions as of the date of the report; timeframes and population projections; d. A new existing traffic circulation map;and b. New and revised goals,objectives and policies; e. A summary of the condition and quality of all natural c. Revised future conditions maps; resources. d. New capital improvements element; e. Other actions, such as monitoring and evaluation 3. Comparison of the Plan's Adopted Objectives with Actual procedures;and Results f. Studies to be completed. a. Comparison of the objectives, including specific and 8. Identification of Proposed or Anticipated Plan measurable targets,to the'actual results and conditions. Amendments to Address or Implement the Identified Determine whether the objective was achieved. Changes 4. Major Problems of Development,Physical Deterioration, a. Identify proposed or anticipated plan amendments;and Location of Land uses and the Social and Economic b. Provide a schedule for transmittal and adoption of the Effects of the Major Problems Identified plan amendments identified in the previous section. a. The accuracy and use of the population projections; 9. Description of the public participation process used in the b. Actual vs.anticipated rate of development; preparation of the report. 378 SOLIN AND ASSOCIATES, INC. 901 Douglas Avenue,Suite 207,Altamonte Springs,Florida 32714 (407)682-7200 ti. _ ! r IV i 1 Id it oNp ! 1 I _$ t7 j �j . CS30 (� °' O C 0. 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A - ._ ..- .§. ; R1 m zs < 4i diz a 4 I v y di a m IL� t 8dt t, Iou, Ho 380 TO EAR OR NOT TO EAR Sarasota County's Initial Perspectives By Rick Drummond, Manager Long Range Planning Division, Sarasota County THE SARASOTA COUNTY COMPREHENSIVE PLAN 1989-1994 Sarasota County adopted "Apoxsee, the Revised and Updated Sarasota County Comprehensive Plan" in March, 1989, in accordance with Chapter 163, Part II, Florida Statutes and Rule 9J-5, Florida Administrative Code. On May 3, 1989, the Department of Community Affairs issued its Notice of Intent to find Sarasota's plan in compliance. Subsequent to the publication of the Notice of Intent, a petition was filed by an "affected person," pursuant to the provisions of Sections 163.3184(1)(a) and (9)(a), Florida Statutes, challenging the Plan's compliance. Today, five years after its original adoption, despite two lengthy Administrative Hearings, final orders rendered by the Administration Commission and the adoption of remedial amendments, the compliance status of Sarasota County's plan is still awaiting final resolution. Despite the distractions imposed upon the County by the challenges to its comprehensive plan, the County proceeded, in 1990, to undertake a thorough evaluation of the implementation status of the policies in its plan. This resulted in the processing of an amendment that included numerous policy revisions and changes to some implementation timeframes. In fact, since the adoption of its Comprehensive Plan in 1989, Sarasota County has processed twenty-four amendments. Seventeen of the amendments were subsequently adopted. Four of the amendments were related to the County's annual review of its Capital Improvements Program. One amendment created an optional element, "Public Buildings and Related Facilities," while another included significant revisions to the Solid Waste section of the Public Facilities Element in order to address mandatory recycling requirements that had been adopted as amendments to the County charter. Only four of the adopted amendments included revisions to land use designations on the County's Future Land Use Plan Map. Three of the amendments adopted remedial actions ordered by the Administration Commission as the result of challenges to the compliance status of the plan or plan amendments. 381 PREPARING FOR THE EAR In 1992, about the time local communities that had adopted their comprehensive plans during 1988 and 1989 were began preparing in earnest for their five-year Evaluation and Appraisal Report (EAR), the legislature amended Chapter 163, Florida Statutes allowing an additional year for the adoption of the EAR. Despite this act of legislative largesse, the Sarasota County Commission directed staff to proceed with the EAR in accordance with the original schedule, i.e., approval of the EAR by March 1994. In anticipation of meeting the original five-year Evaluation and Appraisal Report schedule, the County embarked on an extensive program of community involvement. Four general strategies were employed to achieve a comprehensive approach to the EAR. These strategies included: • A complete evaluation of the implementation status of all comprehensive plan policies (see attached questionnaire). • An update of existing land computerized mapping files, based on aerial photo interpretation by SWFWMD. • The institution of planning advisory meetings consisting of Planning Department representatives from the County and all municipalities, to investigate intergovernmental issues. • The commencement of a public workshop series to subject the many components of the plan to intensive scrutiny. As the County proceeded along the path of evaluation, it was not without some trepidation, particularly in light of the additional requirements related to intergovernmental coordination, transportation, concurrency, coastal resources, and affordable housing that were included in the ELMS legislation adopted by the 1993 Legislature. These legislative changes, including one more year - now seven - for the EAR, spurred a spirited debate: Should we proceed along the EAR path and submit an "early" EAR, or should we wait until all of the rules were adopted and then continue under the new timetable? SPLITTING THE TASKS There were several local issues, mostly related to the, general distribution of urban land uses on the adopted Future Land Use Plan Map, that the County Commission determined to be of sufficient importance to split the task of evaluating the County's plan into two major efforts. The first task will be to 382 complete an evaluation of existing and future land uses, and process, as necessary, an update of the plan's Land Use Plan during the next amendment cycle. Of course, an amendment of such scope would impact more than just the Future Land Use element; it will undoubtedly effect changes in most of the other plan chapters. As the amendment is developed, we will also have to pay particular attention to the substantive portions of revisions to Rule 9J-5 that have been adopted in response to the ELMS III legislation. In the meantime, the County is returning to the formal EAR process, revised in scope and timing, but nevertheless as daunting as ever, if not more so. The completion of substantial changes in an per-EAR amendment should provide an opportunity to test our evaluation and appraisal skills as a community without having to address many of the rule changes that will await us in 1996. 383 I e� I — ga 9 E coo 000 000 00 ti � z zlzl zlzlzl zlzlzl zlzl &3 r2vi= M'„o 4 E;$ 33 13 13 13 879 8 8 13 8 13 In .III 111 ;o .�u la, u a I II IN �� 6 E E E^ �g 9 .5'.- ZZZ z6. y$ °c Og y a. u ffi h 91s _ ::; a q . E .3;�S L c c a a Q < d B8E o'u� o S5oS7Sf < U 73aii vSS rn F Edic1111 I I I I I III I I I I I I ,. O=u O m 01 S � Q 4 a Ait oV a - 3 E-4^ a 77 i. r lis. $ O 5 8 2 ”b. 81 8 I E 1O bwF S L gr g . 1 .>v, V V N d �i s� - - fir, a8 3 o u P. �c�: i '8 =Yt o13 = 3 g oa u� a . a 0 z =0'E'0 o < E 1 " 13 13 A 3,. a -03 33 •sa th u U a o _ • E 8E „a E of oi o,. of y - ��y_ 99 9$ g .3< a0 • 1�. H ua a=ia 5 . 58 .n in ^8= w .6 uv ., 384 P. f \ \2 ) -\ liii \| 12 \ \ El \ * t \ _ - § f , _ i e E§ / 4 z ƒ2 k k/ a \ ƒ ■A | 7a 7 ..<5. ! 2 Te, �* f, f 2} k - §$ ' ƒ j | -I2 § 9 �� } a 8 fi 4 r■ u � E � ' �I I � & $ �J � / I § k ƒ k f § a \ a / : B a S ! a 7 ®6 ' 1.p." 4 II 7 \ Ti t 7 a+ } 2 . \ ƒ { 7 } }} z / g( 2 ) \! r ; 2 } »11 . 7° r . 1..: -3:3a f 2I (� ) g \ i. 2 .. �® ` :4 P. § / —4 £ . li ' -3 3 . I }§ ( 2 ƒ 5 j i!g \ § i to 2 I «, t. . p. !ƒE 72 f 1 1 1 \ • 4\ a k ). \ \ - »k = 'ow' ! / 7 - \ ( § 2 \ § a. I © ''i r f . § \ \i a | $!� ` f ] 7 } a |/ . | - ii 7 G 2 '§'-0-,. f _) ■ k ) i . e » E : !� { B / i : .k 4• _ ■ 116. 8 a k ( / f ) Ik / \ 8 )\ \ O. i ) ƒ£ f 18- 4�1 I \ j \ j \ .34 \ \ j 4 a ) \ \ \ } 1 385 ELMS AND EARS 5th Annual Advanced Growth Management Course Florida Chamber of Commerce Maria Abadal Plan Review Administrator Department of Community Affairs 1- EAR Content Rule Rule 9J-5. 0053, F.A.C. became effective on March 23, 1994 . A summary of transmittal, adoption and sufficiency review criteria will be discussed. Attached is the actual rule and summary of the rule for review and discussion. 2- Submission Schedule Attached is a summary of the submittal schedule Rule 9J-33, F.A.C. This rule also became effective on March 23rd. 3- EAR Funding and Technical Assistance Efforts As of the writing of this outline the Florida House and Senate have proposed to appropriate $1.8 million in grant-in-aid pass through monies for the development of local government EAR reports. The budget issue is limited to funding for EAR reports developed 0during FY 95. An update of funding availability to local governments will be discussed. The Division of Resource Planning and Management is evaluating the reorganization of its functions for the purpose of establishing review teams by Regional Planning Council boundaries and integrating plan review, technical assistance and DRI functions. These efforts should result in enhanced technical assistance. The earliest implementation of any reorganization is scheduled for August, 1994. 4- Case Studies To date the Department has received Evaluation and Appraisal Reports from Lee County and the City of Tampa submitted ahead of schedule. These local governments must submit an addendum to the EAR to bridge the time between the early submission and the scheduled due date. This segment will focus on major issues identified in the review of these early documents. 386 Department of Community Affairs Division of Resource Planning and Management Rule Chapter Title: Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance Rule Number: 9J-5 Rule Title: Intergovernmental Coordination Processes Rule Number: 9J-5. 015 9J-5. 015 Intergovernmental Coordination Processes. (1) through (3) No change. (4) INTERGOVERNMENTAL COORDINATION PROCESSES. (a) The Intergovernmental Coordination Element shall establish a process to determine if development proposals would have significant impacts on other local governments or state or regional resources or facilities identified in the applicable state or regional plan, and shall establish a process for mitigating these impacts. 1. Identification of Resources and Facilities a. The Intergovernmental Coordination Element shall identify all regional and state resources and facilities identified in the State Comprehensive Plan and the applicable Strategic Regional Policy Plan(s) (SRPP) (or the Comprehensive Regional Policy Plan until adoption of the SRPP) . The regional and state resources and facilities shall be identified which are located within the local government, within the local government' s area of concern as defined in 9J-5. 015 (1) ("adjacent local governments" hereafter) , and beyond the area of concern, based upon the characteristics of the resource or facility, which could be reasonably expected to be significantly impacted by development within the local government' s jurisdiction ("other affected local governments" hereafter) and identified by a specific geographic location and not solely by generic type. Identification may be accomplished by adequately referencing other elements of the comprehensive plan, other documents, or specified portions thereof. b. The Intergovernmental Coordination Element shall identify any local resources and facilities outside the local government's jurisdiction within adjacent and other affected local governments (as described in paragraph a. above) which could be significantly impacted by development located inside the local government's jurisdiction. This identification shall include a generic description of the resource or facility, a specific geographic location for physical resources and facilities, and a listing of the local governments which could be significantly impacted. Identification of local resources and facilities may be accomplished by adequately referencing the comprehensive plans of adjacent and other affected local governments, other documents, or specified portions thereof c. In an effort to assist adjacent and other affected local governments in identifying local resources and facilities within the local government' s jurisdiction, the Intergovernmental Coordination Element shall consider whether any local resources 1 and facilities within the local government's iurisdiction could be significantly impacted by development located outside the local government' s jurisdiction. If the Intergovernmental Coordination Element identifies any local resource or facility which could be significantly impacted by development located outside the iurisdiction, this identification shall include a generic description of the resource or facility, a specific geographic location for physical resources and facilities, and a listing of the local governments which could permit development and the types thereof, which could significantly impact these resources and facilities. Identification of local resources and facilities may be accomplished by adequately referencing other elements of the comprehensive plan, other documents, or specified portions thereof. d. In addition, local governments may identify any other community issue or characteristic that is identified in the goals, objectives and policies of the other element(s) of the comprehensive plan ("community characteristic" hereafter) within the local government's jurisdiction which could be impacted by development within another local government. These community_ characteristics do not have to be geographic, but must be clearly identified and/or defined within this element. Identification of local community characteristics may be accomplished by adequately referencing other elements of the comprehensive plan, or specified portions thereof. 2 . Definition of Significant Impact a. The Intergovernmental Coordination Element shall contain a definition of significant impact for each identified resource, facility and community characteristic located within the local government's jurisdiction. The definitions of significant impacts may be quantitative, locational, and/or qualitative. The definitions shall be designed to ensure that the identified resources, facilities and community characteristics are protected and/or maintained in accordance with the provisions and criteria of the State Comprehensive Plan, the applicable Strategic Regional Policy Plans (SRPP) (or the Comprehensive Regional Policy Plan until adoption of the SRPP) , and the other elements of the comprehensive plan. b. The Intergovernmental Coordination Element shall identify the types of developments and development permits which shall be deemed by the local government not to cause a significant impact. Such development proposals shall not be subject to the development review process pursuant to paragraph (4) (a) 5. 3 . Description of Mitigation Criteria a. The Intergovernmental Coordination Element shall generally describe the criteria or standards for appropriate mitigation of significant impacts on each identified resource, facility and community characteristic located within the local government's jurisdiction. The criteria or standards shall be designed to ensure that the identified resources, facilities and community characteristics are protected and/or maintained in 2 accordance with the provisions of the adopted local comprehensive plan. b. Mitigation should be accomplished in the jurisdiction in which the impacts occur, with an option for regional mitigation when preferable. Regional mitigation alternatives may be determined to be preferable by the local government in which the development is located based on the intergovernmental review process described in paragraph 5.a. 3 . , below. 4 . Intergovernmental Compatibility_ a. This Element must demonstrate consideration of the particular effects of the local plan upon development within adjacent and other affected local governments. Local governments are encouraged to accomplish this by demonstrating compatibility between local government Intergovernmental Coordination Elements, including the compatible identification of resources, facilities and community characteristics, definition of significant impacts, and description of mitigation criteria or standards, pursuant to above paragraphs (4) (a) 1. , 2 . and 3 . , in one or more of the following ways. (i) . Local governments can and are encouraged to demonstrate compatibility through incorporation of any relevant portions of the Strategic Regional Policy Plan(s) (SRPP) (or the Comprehensive Regional Policy Plan until adoption of the SRPP) which includes the compatible identification of resources, facilities and community characteristics, definition of significant impacts, and description of mitigation criteria or standards. If the applicable SRPP contains a model/optional element which can be adopted by local governments which adequately addresses the requirements of paragraphs (4) (a) l. , 2 . and 3 , then a local government can demonstrate compatibility with regard to paragraphs (4) (a) l.a. , 2 . and 3. by incorporating those provisions of the SRPP into the Intergovernmental Coordination Element of the local comprehensive plan. Local governments which utilize this method of demonstrating compatibility for regional and state resources and facilities can utilize the provisions of paragraphs 4 .a. ii. , 4 .a. iii, and/or 4 .b. , with respect to any identified local resources, facilities and community characteristics. (ii) . Local governments can demonstrate compatibility by submitting a joint resolution executed by the local government and one or more other local governments which certifies that the final proposed Intergovernmental Coordination Elements are compatible. Such certification shall establish that the local governments have reviewed the contents of the Elements and agree on the compatible identification of resources, facilities and community characteristics, definition of significant impacts, and description of mitigation criteria or standards, pursuant to above paragraphs (4) (a) 1. , 2 . and 3 . (iii) . Local governments can demonstrate compatibility_ through completion of the cross-acceptance negotiation process established by the applicable regional planning council (s) pursuant to ss. 186. 503 (2) and 186. 505 (22) , F.S. , or through 3 other local procedures. b. If compatibility is not demonstrated pursuant to paragraph 4 .a. , above, then, this Element, when transmitted to the Department for compliance review must be accompanied by documentation which clearly demonstrates that during the preparation of the Intergovernmental Coordination Element, all adjacent and other affected local governments were provided an adequate opportunity to review and comment upon the proposed Intergovernmental Coordination Element. This documentation must clearly demonstrate that the final proposed Element was transmitted to all adiacent and other affected local governments. A certified return receipt for U.S. Mail shall be prima facie evidence of transmittal. The documentation must also demonstrate consideration of the particular effects of the local plan upon development within these other local governments, including consideration of their comments upon the proposed Element. An explanation of the points of agreement and disagreement, and the comments from other local governments shall be included in the documentation. 5. Development Review Process a. The Intergovernmental Coordination Element shall expressly provide for and clearly establish a development review process, to be implemented by the local government in which the development is located, to determine if development proposals would have significant impacts on the identified resources, facilities or community characteristics, and to mitigate such impacts. This intergovernmental coordination review process should be incorporated into the local government' s usual development review process. Multiple development orders for the same proiect shall not be individually subject to this review, provided that one review is conducted prior to the approval of an application for a development order or permit which contains a specific plan of development, including the densities and intensities of development. Any subsequent changes to the plan of development which are likely to result in significant impacts also shall be subiect to this development review process. If the applicable SRPP contains a model/optional element which adequately addresses the requirements of this Rule section, then a local government can and is encouraged to demonstrate compatibility and comply with the requirements of this Rule section through incorporation of those provisions of the SRPP into the Intergovernmental Coordination Element. The development review process shall meet the following standards. (i) . The development review process shall include an impact analysis by the local government of a proposed development' s potential for significant impacts upon an identified resource, facility or community characteristic. The local government is encouraged to coordinate with appropriate local , regional and state agencies in conducting the analysis. An impact analysis must be prepared for all development proposals, except for those developments identified in the Intergovernmental Coordination Element which shall be deemed not to cause a significant impact. 4 The definition of significant impact used in the impact analysis shall be the definition contained in the Strategic Regional Policy Plan(s) (SRPP) for the Comprehensive Regional Policy Plan until adoption of the SRPP) , or the local government comprehensive plan where the resource, facility or community characteristic is located. (ii) . If the local government determines, based on the impact analysis, that a development proposal will not result in significant impacts, this finding shall be included in a listing of development applications. The listing shall include, at a minimum, a general description of the development proposal and the geographic location of the project. This listing shall be transmitted to adjacent and other affected local governments (as described paragraph l.a. , above) and made available upon request on a regularly scheduled basis. The frequency of this transmittal shall be either identified in the Intergovernmental Coordination Element or defined by interlocal agreement. Additional information regarding a development proposal shall be provided upon request for a reasonable cost of reproduction. The transmitting local government shall give the adjacent or other affected local government, at least 15 days after transmittal of the listing to indicate in writing that it disagrees with the finding of no significant impact. The transmitting local government and the adjacent or other affected local government may agree upon a time period shorter than 15 days for the written indication of disagreement. If an adjacent or other affected local government disagrees with the finding, the matter shall be subject to dispute resolution, pursuant to paragraph (b) , below. (iii) . If the local government determines, based on the impact analysis, that a development proposal is likely to result in significant impacts, then a description of the development proposal and any proposed mitigation conditions shall be transmitted for intergovernmental review. This description shall include a general description of the development proposal and the geographic location of the project. Additional information regarding a development proposal shall be provided upon request for a reasonable cost of reproduction. This intergovernmental review shall provide a reasonable opportunity for review and comment by adjacent and other affected local governments. In addition, local governments are encouraged to involve appropriate state, regional and local agencies in the intergovernmental review, including affected parties as identified in 9J- 5. 015 (1) (a) , the regional planning council, water management district(s) , Florida Department of Environmental Protection, Florida Department of State (Division of Historical Resources) , Florida Game and Fresh Water Fish Commission, Florida Department of Transportation, Metropolitan Planning Organization, and the school board. (iv) . The development review process shall indicate that if, based on the intergovernmental review, agreement regarding the mitigation of impacts of a proposed development cannot be reached between the local government and an adjacent or other 5 affected local government, then the matter shall be subject to dispute resolution pursuant to paragraph (b) , below. (v) . Based on the intergovernmental review, conditions for mitigation of significant impacts shall be included in the local government development order and shall be consistent with the provisions and criteria of the State Comprehensive Plan, the applicable Strategic Regional Policy Plan(s) (SRPP) (or the Comprehensive Regional Policy Plan until adoption of the SRPP) , the applicable provisions of the comprehensive plans of adjacent and other affected local governments in which the impacts occur, and with the other elements of the local comprehensive plan of the issuing jurisdiction. (vi) . The Intergovernmental Coordination Element shall identify the monitoring and enforcement procedures that will be used to ensure that the identified mitigation is provided. b. If a local government opts to retain the development of regional impact (DRI) process pursuant to s. 380. 06 (27) (c) , F.S . (Ch. 93-206, Laws of Florida) , then the DRI review process (Section 380. 06, F.S. , and its related administrative rules) may be used in lieu of the above development review process for developments of regional impact pursuant to Section 380. 0651, F.S. , and Rule 28-24 , F.A.C. (b) The Intergovernmental Coordination Element shall establish a dispute resolution process for bringing to closure in a timely manner those disputes that pertain to development proposals that would have impacts on other local governments or identified state or regional resources or facilities. 1. The Intergovernmental Coordination Element shall incorporate the dispute resolution process of the applicable regional planning council(s) established pursuant to Section 186.509 , Florida Statutes, into the local comprehensive planning dispute resolution process established pursuant to this section. 2 . The local comprehensive planning dispute resolution process may include additional dispute resolution alternatives which are not included within the applicable regional planning council process, provided that the alternatives are consistent with and further the regional resolution process. These alternative dispute resolution processes may be implemented prior to, or in conjunction with, the implementation of the regional process so long as the resolution of the dispute(s) are achieved in a timely manner consistent with the regional resolution process schedule. 3 . The permitting local government petitioned by an adjacent or other affected local government under (4) (a) 5.a. ( ii) and (iv) of this rule, must respond in writing to any petition, indicating its willingness to participate in the dispute resolution process within fifteen (15) days of receipt of said petition. The reply must indicate the status of the proposed development order and include the expected date of issuance of the development order at issue. (c) The Intergovernmental Coordination Element shall establish a process for modification of development orders issued 6 pursuant to Section 380. 06, Florida Statutes, without a loss of recognized development rights. (d) In addition, the Intergovernmental Coordination Element shall include a provision for the local government to render to the Department of Community Affairs every development order and accompanying supporting documentation for developments which meet or exceed the thresholds established by Section 380. 0651, Florida Statutes, and Rule 28-24, Florida Administrative Code, and any amended development orders as described in paragraph (c) above. As used in this section, render means issuance of a written development order and transmittal of a certified completed copy of the order by the local government with jurisdiction, together with all pertinent attachments. The rendition shall be by first class certified U.S. Mail or other delivery service for which a receipt as proof of service is required to the Department of Community Affairs, Bureau of State Planning, the regional planning agency, and the owner or developer. A certified return receipt for U.S. Mail shall be prima facie evidence of transmittal . A development order will not be considered to have been rendered if it is transmitted by facsimile machine, or if all pages, exhibits, references, and attachments are not included or are not legible. Local governments are encouraged to coordinate with the Department of Community Affairs regarding such development proposals prior to approval of the development order.Development orders in regard to any such projects are subject to appeal by the Department of Community Affairs in accordance with Section 380. 07 , Florida Statutes. (e) Nothing in this subsection shall prevent a local government from including provisions in the Intergovernmental Coordination Element which do not conflict with the requirements of this rule. Specific Authority 163 . 3177 (9) (10) FS. Law Implemented 163 . 3177 (1) , (4) , (5) , (6) , (h) , (8) , (9) , (10) FS. History - New 3-6- 86. Amended 10-20-86. - 7 public facility, to estimate the cost of improvements for which the local government has fiscal responsibility, to analyze the fiscal capability of the local government to finance and - construct improvements, to adopt financial policies to guide the funding of improvements and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on needs identified in the other comprehensive plan elements. The element shall also include the requirements to ensure that an adequate concurrency management system will be implemented by local governments pursuant to Rule 9J-5.0055 and, if one or more concurrcney management areas arc designated, Rule 94 5. 0057 of this Chapter. (1) - (5) No change. Specific Authority 163.3177 (9) , (10) F.S. Law Implemented 163.3177 (1) , (3) , (5) , (8) , (9) , (10) F.S. History--New 3-6-86, Amended 10-20-86, 11-22-89 , 4-2-92, 9J-5. 019 Transportation Element (1) APPLICATION AND PURPOSE. A local government which has all or part of its jurisdiction included within the urbanized area of a Metropolitan Planning Organization (MPO) pursuant to section 339 . 175, F.S. , shall prepare and adopt a transportation element consistent with the provisions of this Rule and Chapter 163 , Part II, F.S. For the affected jurisdictions, the transportation element shall replace the required plan elements of: traffic circulation; mass transit; and ports, aviation, and related facilities as provided in this Chapter. Within a designated MPO area, the transportation elements of the local plans shall be coordinated with the long range transportation plan of the MPO. The purpose of the transportation element shall be to plan for a multimodal transportation system that places emphasis on public transportation systems. (2) EXISTING TRANSPORTATION DATA REQUIREMENTS. The element shall be based upon the following data requirements pursuant to Subsection 9J-5.005(2) of this Chapter. (a) The general location of the following transportation system features shall be shown on an existing transportation map or map series: 1. Road System: a. Collector roads; b. Arterial roads; c. Limited and controlled access facilities; d. Significant Parking facilities, as determined by the local government. 2 . Public Transit System: a. Public transit routes or service areas; b. Public transit terminals and transfer stations; c. Public transit rights-of-way and exclusive public transit corridors; 3 . Significant bicycle and pedestrian ways, as determined by the local government; 40 4 . Port facilities; 5. Airport facilities including clear zones and obstructions; 6. Freight and passenger rail lines and terminals; and 7. Intermodal terminals and access to intermodal facilities. 8. The existing functional classification and maintenance responsibility for all roads; 9. The number of through lanes for each roadway; 10. The major public transit trip generators and attractors based upon the existing land use map or map series; 11. Designated local and regional transportation facilities, critical to the evacuation of the coastal population prior to an impending natural disaster. (b) The existing transportation map or map series shall identify the following: 1. Existing peak hour, peak direction levels of service for roads and mass transit facilities and corridors or routes; and 2 . Capacity of significant parking facilities and duration limitations (long-term or short-term) , where applicable. (3) TRANSPORTATION ANALYSIS REQUIREMENTS. The element shall be based upon the following analyses which address all modes of transportation and support the comprehensive plan pursuant to Subsection 9J-5.005 (2) . (a) An analysis of the existing transportation system levels of service and system needs based upon existing design and operating capacities; most recently available estimates for average daily and peak hour vehicle trips; existing modal split and vehicle occupancy rates; existing public transit facilities, including ridership by route, peak hour capacities and headways; population characteristics, including transportation disadvantaged; and the existing characteristics of the major trip generators and attractors within the community. (b) An analysis of the availability of transportation facilities and services to serve existing land uses. (c) An analysis of the adequacy of the existing and projected transportation system to evacuate the coastal population prior to an impending natural disaster. (d) An analysis of the growth trends and travel patterns and interactions between land use and transportation, and the compatibility between the future land use and transportation elements, including land use compatibility around airports. (e) An analysis of existing and projected intermodal deficiencies and needs such as terminals, connections, high occupancy vehicle lanes, park-and-ride lots and other facilities. (f) An analysis of the projected transportation system levels of service and system needs based upon the future land use categories, including their densities or intensities of use as shown on the future land use map or map series, and the projected integrated transportation system. The analysis shall demonstrate integration and coordination among the various modes of 41 transportation, including rail , airport and seaport facilities. The analysis shall address the need for new facilities and expansions of alternative transportation modes to provide a safe and efficient transportation network and enhance mobility. The methodologies used in the analysis, including the assumptions used, modeling applications, and alternatives considered shall be included in the plan support document. The analysis shall address the effect of transportation concurrency management areas, if any pursuant to Rule 9J-5. 0055 (5) , F.A.C. I and the effect of transportation concurrency exceptions, if any, pursuant to Rule 9J-5. 0055 (6) and (7) . (g) The analysis shall consider the projects planned for in the Florida Department of Transportation' s Adopted Work Program, long range transportation plan and transportation improvement program of the metropolitan planning organization, and the local transportation authority(ies) , if any, and compatibility with the policies and guidelines of such plans. (h) The analysis shall demonstrate how the local government will maintain its adopted level of service standards for roads and transit facilities within its jurisdiction and how the level of service standards reflect and advance the purpose of this section and the goals, objectives, and policies of the future land use element and other elements of the comprehensive plan. (i) The analysis shall explicitly address and document the- internal consistency of the plan, especially its provisions addressing transportation, land use, and availability of facilities and services. (j) An analysis which identifies land uses and transportation management programs necessary to promote and support public transportation systems in designated public transportation corridors. (4) REQUIREMENTS FOR TRANSPORTATION GOALS, OBJECTIVES AND POLICIES. (a) The element shall contain one or more goal statements which establish the long-term end toward which transportation programs and activities are ultimately directed. (b) The element shall contain one or more specific objectives for each goal statement which address the requirements of Subsection 163 . 3177 (6) (j ) , F.S. , and which: 1. Provide for a safe, convenient, and energy efficient multimodal transportation system; 2 . Coordinate the transportation system with the future land use map or map series and ensure that existing and proposed population densities, housing and employment patterns, and land uses are consistent with the transportation modes and services proposed to serve these areas; 3 . Coordinate the transportation system with the plans and programs of any applicable metropolitan planning organization, transportation authority, Florida Transportation Plan and Florida Department of Transportation's Adopted Work Program; and 4 . Address the provision of efficient public transit 42 services based upon existing and proposed major trip generators and attractors, safe and convenient public transit terminals, land uses and accommodation of the special needs of the transportation disadvantaged. 5. Provide for the protection of existing and future rights-of-way from building encroachment. 6. Meet the requirements of Subsections 9J-5. 007 (3)1b) , 9J- 5. 008 (3) (b) and 9J-5. 009 (3) (b) , of this Chapter. (c) The element shall contain one or more policies for each objective which address implementation activities for the: 1. Establishment of level of service standards at peak hour for roads and public transit facilities within the local government' s jurisdiction as specified in Subparagraphs 9J- 5. 007 (3) (c) (1) and 9J-5. 008 (3) (c) (1) of this Chapter. For facilities on the Florida Intrastate Highway System as defined in s. 338 .001 F.S. , the local governments shall adopt the level of service standards established by the Department of Transportation by rule. For all other facilities on the future traffic circulation map, local governments shall adopt adequate level of service standards. These level of service standards shall be adopted to ensure that adequate facility capacity will be provided to serve the existing and future land uses as demonstrated by the supporting data and analysis in the comprehensive plan. 2 . Control of the connections and access points of driveways and roads to roadways; 3 . Establishment of parking strategies that will promote transportation goals and objectives; 4 . For existing or future transportation rights-of-way and corridors designated in the local government comprehensive plan, establish measures for their acquisition, preservation, or protection; 5. Establishment of land use and other strategies to promote the use of bicycles and walking; 6 . Establishment of transportation demand management programs to modify peak hour travel demand and reduce the number of vehicle miles traveled per capita within the community and region; 7 . Establishment of transportation system management strategies as appropriate to improve system efficiency and enhance safety; 8 . Coordination of roadway and transit service improvements with the future needs of seaports, airports, and other related public transportation facilities; 9 . Establishment of land use, site and building design guidelines for development in exclusive public transit corridors to assure the accessibility of new development to public transit. 10. Establishment of numerical indicators against which the achievement of the mobility goals of the community can be measured, such as modal split, annual transit trips per capita, automobile occupancy rates; 11. Establishment of strategies, agreements and other 43 mechanisms with applicable local governments and regional and state agencies that demonstrate the areawide coordination necessary to implement the transportation, land use, parking and other provisions of the transportation element; 12 . A coordinated and consistent policy with the future land use element to encourage land uses which promote public transportation in designated public transportation corridors; 13 . Establishment of strategies to facilitate local traffic to use alternatives to the Florida Intrastate Highway System to protect its interregional and intrastate functions; and 14. Development of strategies to address intermodal terminals and access to aviation, rail and seaport facilities. 15. Meet the requirements of subsections 9J-5. 007 (3) (c) , 9J-5. 008 (3) (c) and 9J-5. 009 (3) (c) of this Chapter. (5) FUTURE TRANSPORTATION MAP. (a) The general location of the following transportation system proposed features shall be shown on the future transportation map or map series: 1. Road System: a. Collector roads; b. Arterial roads; c. Limited and controlled access facilities; d. Local roads, if being used to achieve mobility goals; e. Parking facilities that are required to achieve mobility goals; 2 . Public transit system: a. Public transit routes or service areas; b. Public transit terminals and transfer stations; c. Public transit rights-of-way and exclusive public transit corridors; 3 . Transportation concurrency management areas pursuant to Rule 9J-5. 0055 (5) , F.A.C. , if any; 4 . Transportation concurrency exception areas pursuant to Rule 9J-5. 0055 (6) F.A.C. , if any; 5. Significant bicycle and pedestrian facilities; 6. Port facilities; 7 . Airport facilities including clear zones and obstructions; 8. Freight and passenger rail lines; and 9. Intermodal terminals and access to such facilities. (b) The future transportation map or map series shall identify the following: 1. The functional classification and maintenance responsibility for all roads; 2 . The number of proposed through lanes for each roadway; 3 . The major public transit trip generators and attractors based upon the future land use map or map series; 4 . Projected peak hour levels of service for all transportation facilities for which level of service standards are established; and 5. Designated local and regional transportation facilities critical to the evacuation of coastal population prior to an 44 impending natural disaster. Specific Authority 163 . 3177, F.S. 1 Law Implemented 163 . 3177 , 163.3178 F.S. History -- New, . 45 AS SUBMITTED TO JAPC 4-22-94 9J-5.003 Definitions. (4) 444 "Agricultural uses" means activities within land areas which are predominantly used for the cultivation of crops and livestock including: cropland; pastureland; orchards ; vineyards; nurseries; ornamental horticulture areas; groves; confined feeding operations; specialty farms; and silviculture areas. (16) "Clustering" means the grouping together of structures and infrastructure on a portion of a development site. (25) "Compatibility" means a condition in which land uses or conditions r:an co-exist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. (26) "Composition" means the make up of various land uses by types, extent, intensity, density, or otherwise, which are included in a development or land use category. (33) . "Density" means an objective measurement of the number of •eo•le or residential units allowed •er unit of land such as residents or employees per acre. _(.1L)._ "Development" has the meaning described in s. 380. 04 , F ..S. (364 "Development controls" means standards in the comprehensive plan which control the development or use of land and Leh are in addition to the densities, intensities, and uses assigned to land by the future conditions maps. (37) "Distribution" means the spatial array of land uses. throughout an area. (44) "Environmentally sensitive lands" means areas of land or water which are determined necessary by the local government, based on locally determined criteria, to conserve or protect natural habitats and ecolo• ical s stems. Nothin• in this definition shall- be har1be construed to prohibit silvicultural operations which employ the Florida Department of Agriculture and Consumer Affairs Best Management Practices as revised in 1993 . (47) "Extent" means the amount of development, including the area or size in acres. (48) "Facility availability" means whether or not a facility is available in a manner to satisfy the concurrency managem:?,:t system. (52) "Functional relationship" means a complementary and interactive relationship among land uses or development, including at a minimum a substantial and positive exchange of human interaction, goods, resources, institutions, services lobs or workers between land uses or developments. (62) "Intensity" means an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services. (83) "New town" means a new urban activity center and community designated on the future land use map and located within a rural area or at the rural-urban fringe, clearly functionally distinct or geographically separated from existing urban areas and other new towns. A new town shall be of sufficient size, population and land use composition to support a variety of economic and social activities consistent with an urban area designation. New towns shall include basic economic activities; All maior land use categories, with the possible exception of agricultural and industrial; and a centrally provided full range of Public facilities and services. A new town shall be based on a paster development plan, and shall be bordered by land use designations which provide a clear distinction between the new town and surrounding land uses. (91) "Pattern" means the form of the physical dispersal of development or land use. (105) "Purchase of development rights" means the acquisition of a governmentally recognized right to develop land which is severed from the realty and held or further conveyed by the purchaser. (115) "Rural areas" means low density areas characterized by social, economic and institutional activities which may be largely_ based on agricultural uses or the extraction of natural resources in unprocessed form, or areas containing large proportions of undeveloped, unimproved, or low density property. (116) "Rural village" or "rural activity center" means a small, compact node of development within a rural area containing development, uses and activities which are supportive of and have a functional relationship with the social, economic and institutional needs of the surrounding rural areas. (132) "Suitability" means the degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development. (133) "Transfer of development rights" means a governmentally_ recognized right to use or develop land at a certain density, or intensity, or for a particular purpose, which is severed from the realty and placed on some other property. -` (137) "Urban area" means an area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution, or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic or rural areas. (138) "Urban sprawl" means urban development or uses which are located in predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorly planned conversion of rural land to other uses. (b) The creation of areas or urban development or uses which are not functionally related to land uses which predominate the adjacent area. (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl is typically manifested in one or more of the following land use or development patterns: (1) Leapfrog or scattered development; (2) ribbon or strip commercial or other development; or (3) large expanses of predominantly low-intensity, low-density, or single-use development. �p /\//117V/9-Qc-Mervr C7fT /4'3 -17s-: M� Cf /5/ &-,4707(7/77-- gY 7fT$ a A447z/eprE__ (expe.„12,v.s- 3_voz_umEser--._i ,n7en4-)6170/7/) 6v/e3). psoKY) sU w — VI°.,e•2))f � &zi 5672D 2zve-Lop V 0ctrv/v./ei 645R• ey Ty C)F" /1,747 :7 2,4NNm'Ci A 'r (CoA45-04-x4 co'co fY TD 'c Fig /' (4O LAC/VW) -AZP-PvCo, esnii) esiv/ew CoMM NTS f • • M, 4-i&W STATE OF FLORIDA &-`► LOA• ..S DEPARTMENT OF COMMUNITY • ' S • EMERGENCY MANAGEMENT•HOUSING AND COMMUNITY DEVELOPMENT• RESOURCE PLANNING AND MANAGEMENT uWTON CHILES _ LINDA LOOMIS S iELLEY August 24, 1994 The Honorable Ray- Judah Chairman, Lee County Board of County Commiccioners P. O. Box 398 . Fort Myers, Florida 33902-0398 Dear Commissioner.Judah: On July 25, -1994, the Department received the revised Lee County Evaluation and Appraisal Report (EAR) as adopted by the Lee County Board.or .C_ounty Commissioners on July 7, 1994. This EAR is the second early tee. County EAR to be reviewed by the Department. The EAR includes substantial improvements in response to some of the Department! CACZKA .‘a! ‘1"%44 , • \t‘sci°14V:4(44S Orr } '.�a'l '� • �`+�w . The Honorable Ray Judah August 24, 1994 Page Two I also wish. to point out that the County should send -the Department and each reviewing agency (these agencies aree -listed in Rule 9J-11.008(9) ,. P.A.C.) a consolidated version of the adopted comprehensive plan; as amended since the original adoption of the County's plan. -Submission of the updated plan at the time of the EAR is required by Rule 9J-11.011(5) , P.A.C. The County must insure that the state agencies' copies of the updated plan remain completeby transmitting copies of each subsequent adopted plan amendment to therm. Section 163..31.87(5) , F.S. , prohibits the County from amending its comprehensive plan, except for EAR-based amendments, after February 3 ,. 1996, . if the Department determines that the EAR adden- dum is not surficient. The Department's finding that the EAR - adopted by the County on July 7, 1994, is "not sufficient" does not trigger the prohibition against future plan amendments that is established in the. statute. • As the County.;•.begins to prepare the EAR addendum, the Depart- ment is prepared. tb discuss these and any other issues raised by the enclosed Sufficiency Report with you and your staff. I am sure that the County's high professional standards will result in the preparation of •an •LAR .addendum-.that sufficiently addresses all of.. . the Rule 93-5.O053, F.A.C. , EAR requirements. Sincerely, ries G. Pattison, Director Division of Resource Planning and Management : CGP/bn • • Enclosure; Suff-iciency Report cc: Donald Stilwell, County Administrator Matthew D. Uhl*, Growth Management Coordinator Paul O'Conner,._ .Director, Division of Planning Wayne Daltry;:-.Executive Director, Southwnit Florida Regional Planning= •Council I burrICIENCY REPORT Lee County • The Department of. Community Affairs _has - completed its suf- ficiency review of the early Evaluation and.Appraisal Report (EAR) , dated July 7, 1994, for Lee County in accordance with Section 163.3191, F.B. and 9J-5.0053(4) , F.A.C. , and makes the following determination: • The EAR is "not sufficient„ because it does not address all of the requisite- provisions of-Section 163.3191, F.S. , including the requ.ikettents of subsections 163.3191(2) , (3) and (6) , F.S. and Rule: 9J-5.0053, F.A.C. , as provided in the findings included 14 the Department's Sufficiency Report. The Couatyi:a •EAR addendum, to be submitted on February 1, 1996, should ' address the deficiencies noted in this report, and should update .the.:EATt to include the time period from July 7, 1994 to February 1, °1996. The County should coordinate the preparation of the• EAR addendum with Department Staff. FINDINGS I. Condition• Of .the Flan at ti,le Time of 1opti on_f u.l_e 9J- 5 00 3i6.I; 9 1:a4+ . .C,) 1. The EAR did not include a sufficient summary of the condition of each element of the plan existing at the time of the plan's adoption on .Sanuary 31, 1989.• Recom4enda_t oliz • . The EAR addendum should include summaries of the data and.analysis from each element or the adopted plan. The purpose• of these .summaries is to establish, within the EAR, base- line information regarding the data and analyses, as well as the goaie, objectives. and policies included in each element. These baseline suzmmaries should serve as the basis for clear present- _. tations: 1. evaluating the success or failure of the comprehensive plan in achieving desired results; 2. quantifying, to the extent possible, change* in local conditions; 3. providing baseline • information for.: analyses that support proposed EAR based amendments: arid .4. suggesting areas in which new or additional data and analyses •are..needed. • The -summery-"of- data and analyses from each element in the adopted plan '-should. include sufficient detail, and should be properly formatted, to allow easy comparison of conditions, assumptions, analytical techniques, conclusions, recommendations, anticipated changes in conditions, and desired trends and future conditions at. • the time of the adoption of . the plan, with conditions, trends, and results of plan implementation at the date of the EAR. ' 1 Data and analyses depicting existing conditions at the time of adoption of each plan amendment adopted prior to the submission of the EAR should also be included. These summaries of data and analyses should also provide the support for conclusions as to whether or not the data are now the best available, and whether the analyses that support the adopted plan are now professionally acceptable. Therefore, the summaries should be complete, including the best available data from the adopted plan, including supporting documents. The summaries should not consist of selected parts of data, information, or analytical results that do not fairly depict actual conditions as of the date of adoption of the plan, and any associated plan amendments. For example, the summary of the data and analyses from the existing adopted Future Land Use Element should include, at a minimum, summaries 'of the following information from the January 31,1989 adopted plan: 1) the existing' land use map that facilitates the evaluation of changes in the ;land :use pattern; 2) tables of existing land uses depicting their approximate acreage and general range of density and intensity for each land use category; 3) resident and seasonal population projections and estimates, their base period" data, data sources, projection formulae, methodology and limitations of the methodology, and assumptions; 3) supporting -economic analyses, estimates, or projections, their base period data, data sources, methodology and limitations of methodology, formulae, and assumptions; 4) existing land uses adjacent to the Lee County jurisdictional boundaries with other local governments; 5) the analyses of the availability of facilities and services to supportthe land uses shown on the January 31, 1989 existing land use map and the 'land uses for which development orders had been issued as of that date; 6) the analyses of the character and magnitude of existing vacant land to determine its suitability for use; 7) the analyses of the amount of land in each category of future land use needed to accommodate the projected population, including the data used ' in the analysis, formulae, methodology and limitations, arid ;assumptions; 8) the "analyses of the need for redevelopment; 2 I 9) the analyses of the development and redevelopment of flood prone areas, which should include maps; 10) the January 31, 1989 future land use map; and 11) the amendments to the above data, analyses, and information that occurred prior to the date of the EAR. 2. In addition, the County did not include a complete summary of the analyses from the other elements of the plan at the time of adoption of the plan and all amendments to the data and analyses which occurred prior to the date of the EAR. gecommepdation: ' The EAR addendum should include the above summaries of data and analyses from the adopted comprehensive plan, and plan amendments. These data and analyses should be formatted in a way that supports the evaluative framework of the EAR. The systems of - classification, the categories, the formats, and the summary data should be compatible with the summaries of conditions existing as •of thedate of the EAR, in order to allow comparison between the 'two summaries. Such comparisons should provide information which supports statements in the EAR of how conditions have changed since the adoption of the comprehensive plan. II. Condition of the Plan at the Date of the EAR (Rule 94.- 5.0053(610)2. . J- 5.0053(6jta)2.. F.A.C. ) 1. The EAR of the condition of each element of the comprehensive plan at the date of the EAR is not sufficient. There are three complete reports in ' the EAR regarding county total population projections, water recharge areas, and wetlands. Otherwise, the EAR generally contained descriptive or incomplete information which did not present sufficient detail to: 1) determine the geographic area, densities and intensities of existing land uses shown on the existing land use maps (no table of existing land uses) [Rule 9J-5.053 (6) (a) 2 .0. ) ; • 2) determine, the condition and quality of all natural resources [Rule 9J-5.053 (6) (a) 2.e. , F.A.C. ) ; 3) compare the plan's adopted objectives, in all cases, with actual results [Rule 9J-5. 0053 (6) 3 . , F.A.C. ] ; • 4) determine: the major problems of development, physical deterioration,- andthe social and economic effects of the major problems of development which may be identified [Rule 9J- 5.0053 (6) 4. , J- 5.0053 (6) 4. , :F.A.C .•3.; 5) determine ' the location of development pursuant to the following,Rule 9J-5.0053 (6)4. , F.A.C. requirements: 3 AUC' 2`J • • k. with regard to existing infrastructure, 1. in relation. to where development was anticipated in the . adopted plan (pursuant to areas designated for'urban growth, the land .uses on the future land use map, the projected demands for facilities and services, and the County's unique "population accommodation" methodology, among other things) , m. in relation. to its compatibility with safety and evacuation in .coastal.high .hazard areas, and n. in relation to the-maintenance of environmentally sensitive areas: and .: - 6) identify, .through evaluation and assessment of minimum required data and analyses, unanticipated and unforeseen problems and opportunities which occurred since adoption of the plan (Rule 9Z'-5.0053(6)5". 7.A.c. ) . The summaries of revised data and analyses describing current conditions within the County were not developed and presented in a way that allowed • comparison with data and analyses describing conditions at the time of the adoption of the plan. Therefore, it • is generally -.impossible to determine from the information in the EAR whether there have been any changes in conditions since the date of the adoption of the plan (with the exception of the three cases previously noted-,-the maps showing the location of develop- . _ ment permits issued -since the date of the adoption of the plan, and a few other isolated cases) . While the EAR references numerous • studies and programs that have been carried out by Lee County, or that are currently in progress, very little information from those studies or programs that may be valuable in assessing existing conditions as of.the date of the EAR have been included in the EAR. As an example:.of data, information, or analytical results that are not complete-;•- and.that may not fairly depict actual conditions on a natter affecting. the safety of Lee County citizens, reference the EAR Conservation/Coastal Management Element table on page IX- 57. That table:Ishows hurricane evacuation times for 1987, 1991, and 1995. . • However, the text on page IX-56 indicates that the calcula- tions of hurricane evacuation times include planned road improve- ments. If this- is -true for 1987, and all other years, there is no presentation in- the 'EAR of hurricane evacuation times based on . existing Condit ons' as shown in the peacetime emergency management plan, pureiiant :t-o.'Rulc 9J-5.01212) (d) , F.A.C. Hurricane evacuation times based on .existing conditions would be calculated using the existing road eyateks. Pro j ootod hurricane evacuation times should also be calculated pursuant to Rule 9J-5.012(2) , F.A.C. , but. the road improvements,' population-levels and distribution, and land use patterns which .fora:the basis of such projections should be clearly 4 • • identified. They are not identified in the EAR. The projected future hurricane evacuation times should include only those road improvements that are identified on the capital improvements schedule. • - In addition, the EAR does not include a summary of data and analyses of transportation and hazard constraints on evacuation routes (such as roads and bridges that may be under flood waters as a hurricane approaches) that existed at the time of the adoption of • the comprehensive- -plan, which is formatted, categorized, mapped, - and presented in a -way that would - allow easy 'comparison with a similar presentation of conditions existing at ;the time of the EAR- - Yet, such an analysis is required pursuant to 'Rule 9J-5.5012(2) (e)-x.,•.F.A.c. • The EAR .also.:does not include sufficient data and analycce depicting existing conditions at the date of the: EAR to support an analysis of the projected impact on hurricane evacuation times of the anticipated 'population density proposed in the future land use element. It does -not include any special needs of the elderly, handicapped, hospitalized, or other special needs of the existing and anticipated•- }populations relating to hurricane evacuation. These analyses. are =also required by Rule 9J.5.012(2) (e)l. , F.A.C. The EAR also.~.does not include sufficient - information to address the internal :consistency of the Future Land Use Map and Element, the • Traffic.. Circulation E-lement, or the Capital Improvements -Element with the Conservation- and coastal Management Element Objective to� achieve' 1987 hurricane evacuation times by 1995, and to hold hurricane evacuation .times to a maximum of 18 . hours by 2010. The EAR does not include an evaluation and • appraisal of the 18 hour hurricane evacuation time which is a future County objective in relation to the number of hours of advance varning..of.a hurricane landfall that could be expected from the National Weather Service, and in relation to the existing versus planned shelter space. Nor does the EAR assess the consistency of F$1 other plan elements and the Future Land Use Map with other hurricane evacuation and shelter policies. The EAR'process is the principal mechanism for updating local • comprehensive plods to reflect changes in state policy on planning and growth management, the EAR did not include data and analyses consistent with' t1he:.regvirementa of Chapter 163, Part II, F.S. , and Rule •93-5, F.k C. :• .All of the minimum required data and analyses should be evaluated, appraised, and updated consistent with the minimum statutory and rule requirements, and to reflect changes in State policy. • j,acommenda_tl0 . • • The EAR addendum should include a summary of the condition of the plan elements at the date of the addendum using formats, eystams -of categorization, ,.,and presentations that are easily comparable to similar data and analyses of conditions . 5 that existed at the time of plan adoption. This summary should include data and analyses which docoribe changes in the cubjcot matter of each element that have occurred since the plan was originally adopted on January 31, 1989.; The summary should address all of the Rule 9J-5, F.A.C. , minimum required data and analyses tosupport the comprehensive plan. This format would ensure that all data and analyses requirements needed to support EAR- based amendments have been met. The summary .should be sufficient to assess the success or failure of the adopted comprehensive plan. Therefore, the summary • should include. any_additional data and analyses required to quan- titatively assess .ttie degree to which each pian objective has been -achieved. The summary .should also be sufficient to assess compliance with any applicable stipulated settlement agreements, final orders resulting from administrative hearings, and court orders. The presentation of:- 'data and analyses for these two points in time (adoption date and EAR date) should provide a starting point for the identification of needed changes in the plan to respond to changing conditions, and should permit an evaluation of the success or failure of the plan and of plan implementation activities. These revised data and analyses should not only aid in the determination of whether, or the degree to which, each goal and - objective has been achieved, but should support an assessment of the success or failure of each policy and implementation strategy. In addition, the EAR. should result in a complete update of the data • and analyses which support the plan. This update should start with the description of changes in existing conditions at the time of plan and amendment adoption in comparison with existing conditions at the time 'of the EAR, and progress to new projections of future conditions and needs through a series of professionally acceptable quantitative an qualitative analyses and evaluations. The sUMma:ry :of existing conditions at the time of the EAR • /should provide: all. data and analyses as required by Rule 9J-5, F.A.C. , to -support -the EAR-based plan amendments, and to reflect changes in State policy. If the necessary data and analyocs to support amendments suggested by the EAR is not available at the time the EAR - is - prepared, the EAR should clearly identify the additional data and analyses that are needed to support EAR based • amendments.• • 6 III. cg . - • . I 's - •os =-. . . _,�_ with •ct a _ P.Ma -a (Rt1e 9J-5.0053(6)3_. , F.A.C.) The EAR is not sufficient in addressing the above rule requirement. Insufficient data and analyses were not in alt e caonly only that plan objectives could not include not be red,an evaluation and with actual results. The EAR appraisal of the objectives sufficient to determine how they should _ be reformulated. to both address the issues raised s i n63the EAR,and Stto otherwise address the requirements specified and• Chapter 93-5, P.A.C. , pursuant to Rule 97-5.0053 (6) (a) , • introductory :paragraph, and 5. 163.3191(3) , F.S. • Many of th'e .•ob jectives in the adopted plan: do not meet the - definition of the-term "objective" in Rule 93-5.003(63) , F.A.S. , or perform the role '.of: a plan objective in plan implementation as described in Rule 83.:5.005(6) , F.A.C. Many of the adopted plan's cbjectives fit the definition of "policy" in Rule 9J-5.003(71) , P.A.C. , or are more appropriately described as implementation strategies. In some cases-, it is difficult to tell what an objective is intended to achieve, other than the a adoption . Many o of jc an stein the inance • dealing with a particular subject adopted- plan contain no measurable criteria by whisch t od determine • the achievement of results that would show progress services, land d changes in -the 'conditions of resources,- uses, or activities_ which are the subjects of the plan and its goals. The EAR should include an evaluation and appraisal of such objectives, and suggest appropriate changes. For example, in the EAR regarding the Community 'acilities and Services Element_, see page VI-52, Goal 41: Groundwater Recharge, and objective 41.41: Wellfield Protection. The Goal is, "To protect the county's groundwater supplies from those activities having the potential for depleting or degrading those supplies." Objective :41.1 states, "By 1990 the countyshall adopt a weilfield protection ordinance to provide regulations protecting the quality of-water -flowing into potable water wellfields." This objective merely :requires the county to adopt an ordinance which meets no .specific criteria for the protection of the quality of water flowing _into_potable ,water wellfields. This bjams, ectivetalso does not contain��a description of ". . .how how the pros and land development regulations will be carried out. . ." pursuant • to 93-5.005(6) , -.P- a.C. , or describe ". . . a specific, measurable, • intermediate end :that is achievable andel rkS progress not to oward a goal," -pursuant 'to.Rule 93-5.003(63) , F.A.C.C. Thegsoal beingies from to- + adopt an- ordinances but to protect groundwater tivities having:the.potential to deplete or degrade those supplies. 7 Yet, the EAR recommendation is to, "Revise the objective to state that the County shall maintain to wellfield protection ordinance that provides protection. Delete Policy 41.1.1 as superfluous." The recommendation does not corrc&et the objective so that it meets the previously mentioned rule criteria, and does not suggest what measurable standards the "protection" must meet. The RAR also notes on page. I-i0 that, piihile considerable research has been done regarding the protection of existing and . future wellfield Bites, however, the Future Land .Use Map series does not contain existing and planned wellhead protection areas. These areas will have to be added to the map acrid by 1996." The 'effect of the *proposed delay in adopting the wellhead protection areas on the Future -Land Use Map is not evaluated and appraised in terns of its contribution to the success or failure of the County in meeting this' plan objective. If the research necessary to describe existing- conditions and trends related to this objective has been done, why has it not been presented in the EAR? It the research would.support recommendations to improve the protection of groundwater resources from the adverse effects of land development, why does the County delay the presentation of those recommendations to a date later than the date of this EAR? The County provides no answers for these ;questions in the EAR. Reference. the above paragraph in which Goal 41 is quoted. This goal implies- that certain information and standards must be developed to ensure thatprogress is made toward its achievement. Since nearly• every type of land use has the potential to "deplete^ groundwater supplies because water must be used to support either the people accommodated by the land use, or to support activities associated with the land use, the countymust define what is meant by the tern "deplete groundwater suppies " in this goal. This definition could:- be provided in an objective which provides standards for -madimum amounts of groundwater withdrawal that will be permitted. (eg. , maximum sustainable yield) , but it is not. - similarly, the term "degrading groundwater supplies" could be operationally defined in an objective, but it is not. Certain activities that have the greatest "potential for depleting or dograding" groundwater supplies could be identified in supporting data -and analyses, and identified in objectives and policies which provide meaningful standards for their development versus their impact on groundwater supplies, but they are not. The EAR is -:silent on these points, as well as on how groundwater quality has changed sinoc the adoption of the plan, and the factors responsible for any -such changes that may have been identified. Be-commendations -- Address the above described issues, and any similar issues,-.in the EAR addendum. 8 AUG CSS ' J4 -)1 4..1 • - o•mee ' t Deterioration Iodation ',gland uses and tho social and Economic Effects of • ' ' A C 1. The EAR is not sufficient in meeting' the above, rule require- ments. Not only is there insufficient data and analysts to support identification of many of the major problems of development, physical deterioration, location of land uses, and the social and economic effects of these major problems, there is evidence in the EAR that same problem's which could have been identified, evaluated, and appraised- were •not. • 2. The EAR is not sufficient in meeting the requirements of Rule 9J-5.0053(6) (a)4.a. , F.A.C. , with respect to the use of the population projections. The Department has not accepted the way in which the population projections are used as a professionally acceptable methodology. The Department finds that the use of the populaticn projections in the EAR is not processionally acceptable. The evaluation and: appraisal of the County's use of its population projections in the plan is incomplete, and does not identify resultant major problems. of development, physical deterioration, location of land uses, and the social and economic effects of these major problems. The EAR fails to explain how the adopted or the proposed Future Land Use Maps (which represent approximately 70 years of land development according to data supplied in the adopted plan- and in the testimony for the Sheridan case) bear any meaningful professionally acceptable relationship to the land use • needs derived from: resident and seasonal population projections to the plan's target year of 2020. The EA ' :use'' of historical densities is not a professionally acceptable methodology in calculating development potential and land use map over-allocations. These estimates are derived from the population projections and staff estimates of potential future dsv,lopment in' subareas of the County and are used as substitutes for the density thatwould be permitted by the Future Land Use Map. The future land use categories shown on the map would allow greater 3 densities. Thee "population accommodation" analysis and the *population gap" analysis in the EAR merely present staff estimates • of future land use densities based on historiicalrThoses studies do not result in an evaluation and pp of the eaamount of land •needed to accommodate the year 2020 projected population which is based upon the densities and intensities d Rids that are shown on the:-mature Land Use Map, requiredby . 5.006{2)..(c)2., •F.A.C. • itecvminenc3at3a4s Abandon the "population accommodation" methodology for.assessing the degree to which the Future Land Use Map over--allocates land uses in relation to the amount of land needed to accoMmcdate the future population. Use a professionally accepted methodology in the EAR addendum. • 9 • • Provide in the EAR addendum a methodology for estimating recreation and open space needs in the County's unincorporated area that accounts-for the demands derived from the seasonal population. In all likelihood, temporary residents and visitors to the ,County also utilize some or all of these facilities. • Relate in•the EAR addendum the geographic distribution of the projected resident and seasonal population to hurricane evacuation and shelter needs over the planning time frames specified in the . . plan, given the road levels of service, system needs and improve- ments, future traffic circulation maps, capital improvements and transportation hazards projected in the plan. In the EAR addendum show the quantitative relationship between resident'and seasonal population projections and distribution, and future land tures shown on the future land use nap, and the needs within the unincorporated area of the county for facilities, services and' capital improvements derived from these projected levels and distributions of population and land uses, as required pursuant to Rule 9J-5, F.A.C., Lor each plan element. - insure that all other uses of the population estimates and projections in..-the' EAR addendum use professionally acceptable methodologies, zupportable fromtheavailable professional liter- ature; include conclusions and recommendations regarding population based demands that are supported by relevant and appropriate data and analyses of population statistics; and meet all other require- - - rents of s.' 163.3177, F.S. , s. 163.3178, F.S. , s. 163.3191, F.S. , and•Rule The EAR -addendum should ensure that all population data and analyses, and resultant maps, conclusions, recommendations, and proposed amendments reflect and are meaningfully related to the requirement of's.,'I63.3l71(2) , F.S. , to exercise planning authority only in the area of the County that is under• the jurisdiction of the Board of : County Commissioners (generally confined to the unincorporated area of the County) . The EAR addendum shculu also r ensure that population projections and distributions consider the plans, development, and conditions in other jurisdictions of • ,government, and of the plans of specific government entities (such as school boards, regional planning council - Peacetime Emergency ' Management Plans, and Metropolitan Planning Organizations) , ' pursuant to the..•2equirementn of Chapter 163, Part II, F.S. , and 2. 'The EAR::;.is°:_also not sufficient in addressing the other requirema�tsof-• .':Riule 93-5.0053(6) 4. , F.A.C. As noted in•:-the. above discussions, the data and analyses • provided in the EAR was not sufficient to address the requirements of Rule 9.7-S.0053(6)4. There are also instances in which the data that was supplied in the EAR indicated situations that could be 10 potential major problems of development that should have been addressed pursuant to this rule section, but were not. For example, the existing land use maps, and the maps of environmentally sensitive areas that ware supplied with the EAR showed that development orders had been issued for development within key environmentally sensitive areas, yet the effects of these county actions on these- environmentally sensitive areas were not identified, evaluated, -and appraised in the EAR. The EAR analysis of historical development patterns used as the basis for densities in the County's "population accommodation" methodology clearly states that actual development densities in certain land use categories have been substantially different from those that were expected' -in the adopted plan. The demands for facilities in certain planelements are required by statute and rule to be derived from either the densities and intensities of land uses shown on the Future Land Use Map, or in the Future Land Use Element (of which the Future Land use asap is a part) . The County's EAR clearly shows that .its "population accom odation" methodology results in densities and intensities that bear no relationship to either the Future Land Use Map or to resultant actual conditions. Yet, the EAR attempts to justify continued use of that methodology and a vague mixed use system of future land use categories as the basis for facilities planning that results in the expenditure of millions of public dollars, and that .forms the basis for impact fee assessments. Recommendations: Potential conflicting adjacent land uses that could result from the County's system of mixed uses on its Future Land Use Map have not been identified, evaluated or appraised in the EAR. The relationship of the County's implementation of the Future -Land Use Map, and the associated population accommodation methodology, to the requirements of s. 163.3194, F.S. , that all land development and land development regulations shall be consistent with the comprehensive plan should be evaluated and appraised in the EAR addendum. } The Put.ire Laird Use Map has one set of stated densities to be achieved at its "bliild out.* However, the population accommodation methodology implies that lower densities arc planned during the. period preceding build out. The EAR addendum should evaluate and appraise the County's success or failure in the implementation of these lower density standards, and the resultant demands for • facilities and a rvices, hurricane evacuation times, environmental impacts, and the, social and economic consequences that result from the County's' implementation of the Future Land Use Element and Map. 11 • • V. Unanticipated,and Unforeseen_ r b2g and 4�sx�rtunities Which - , R- .- , s e' 4 - . !s3 .c. Although certain issues are identified - in the EAR, other significant unanticipated and unforeseen.' issues thit arose'-:since plan adoption are not identified. Also,:;.;the;,`'ibcve'- '� noted limitations on data and analyses in the`-EAR' prevented the identification Of -such iaouos from the logical, -quantitative statistical, engineering, and scientific studies that should support each- plait . element. The result • is that only selected • unanticipated and unforeseen problems since plan adoption are identified in the EAR. The EAR is not sufficient in addressing the above. rule requirements. First, the-.EA* does not perform a systematic evaluation and appraisal of •t2 e- success or failure of the plan' to `addreds, or continue to addre's's, the final order of the hearing officer in the s�eri.Qan case. -the EAR does not address the success or failure of the plan in addressing the issues raised in the stipulated settlement agreement with the Department. • For example; in the hearing officer's findings in the $,xexidan case,. the hearing officer wrote, "61. For the purpose. of calculating density allocation ratios in determining whether the designated densities are supported by data and analyses, there is • no justification for failing to. disclose information necessary to calculate the maximum population that can-be accommodated by the - Amehded Plan.- For the purpose of calculating density allocation ratios in determining whether - the designated densities are supported by data and analysis, there is no justification for reducing the .max mum population that can be 'accommodated by the Amended Plan by:an undisclosed amount to :reflect historic buildout densities." Yet, : the Lee County EAR, does not identify, evaluate or appraise the impact of this unanticipated event after the plan's adoption on the adopted plan, or on the EAR proposed plan. The EAR also ignores other key findings of the hearing officer in the Sheridan.-Case. The recommendation in the EAR for the Future Land: Use Nap changes,. and the population accommodation methodology are contrary -to'- the hearing officer's findings, and to the - resultant ctipul�lted .settlement agreement with the Department. No justification for• ignoring the bearing officer's findings and the settlement agroement is provided in the EAR. . Second, •ih such,data as is supplied with the EAR, it is clear that some' envirOnmental impacts have occurred that are not consistent vi ,h. #.he plan's goals or objectives for certain resources. For example, development in environmentally sensitive areas that were. ideotified in the plan for protection, reduced water quality and increased water volume in certain canals draining urban areas into Outstanding Florida Waters, and lack of funds to achieve 'certain •objectives, or implement policies (eg. the • 12 elimination of $6,000,000 of funding that had been programmed for County land acquisition projects, lack of funding for a popular landscape/wayside parks program, etc.) . However, these unanticipated and unforeseen problems that can be observed• in the information supplied with the EAR are not presented with complete supporting data and analyses, are not evaluated and appraised in terms of their impact on the success or failure of the comprehensive plan, and the EAR does not include recommendations that are supported by data and analyses that could lead to their . identification, clear definition, and resolution. Reco enda_tiQl: Base the EAR addendum on appropriate data and analyses which show changes in existing conditions over time, and which include revised data and analyses that are based on profes- sionally accepted methodology. In addition, include an evaluation and appraisal of the success or failure of the adopted plan, and amendments, to meet the requirements of administrative hearing final orders, stipulated settlement agreements, and court orders. The EAR addendum should include recommended amendments that would satisfy these requirements. VI. Effect .on :the Comprehens_ive__Plan of Changes to the State Co preheAsive Plan., theComnrabensive Regional Policy Plan, Rule 9J-5. F.A.C.. . and Chapter_ 161, Part II. F„s. • !Rule 9J- s.ao5lf6)_(a)6..1 :.A,C.i• _ 1. The FAR does identify changes to the above documents since the plan was adopted. However, the changes are not presented in detail. The result is that the reader of the EAR does not know whether or not the necessary evaluation and appraisal of the ef- fects of the changes on the comprehensive plan is complete. The EAR is not sufficient in addressing the above rule requirements. :. • For example, Rule 9J-5.005(2) (a) was amended to specifically define the term "based on data," with respect to the requirement that the goals, objectives, policies, standards, findings, and conclusions in the .plan and its support documents, " . . .shall be based on relevant 'and appropriate data and the analyses applicable to each element."' The sufficiency review found this issue to be a major problem in •the EAR and its recommendations. Had the effect of this •change in Rule 9J-5 been evaluated and appraised in the EAR, many of the deficiencies noted in this sufficiency review might not have occurred. The EAR is not sufficient in its review • of this change -to Rule 9J-5, F.A.C. As another-example, the new Rule 9J-5.0055(5) , F.A.C. , permits the establishment of Transportation Concurrency Management Areas to promote jnfi.i.l development or red_evelooment within selected p rtions of urban areas in a_aanner to support the develot' ent of t__ -_, : .oe . • : - - = ,s•o a i•, •.t - 1 yaneqement Areas are defined as existing..compact eeocxraphic areas • • • 13 with existing or proposed multiple, viable alternative travel paths, or modes for common trips. Rule 9J-5.0055(4) , F.A.C. , establishes specific requirements related to Long Term Transportation Concur- rency Management Systems. These new rules .implement s. 163.3180 (7) , and (9) , P.O., which were adopted by the Legislature in 1993. • The EAR recognizes these two new provisions of s. 163 .3180, F.S. , but is silent about the new implementing sections of rule 9J-5, - F.A.C. The EAR states that, "Since the district averaging system following Goal . 2a already bears a striking resemblance to the options in P.O. •163.3180(7) and (9) , the Lee plan is not being amended to incorporate any of the new statutory alternatives. " This statement: is..the extent of the EAR's assessment of the plan's district averaging:system. However, the provision of the Lee plan following Goal. .22 do. not, in fact, meet the criteria of the - legislation legislation or of •the Rule 9J-5, F.A.C. requirements for trans- portation concurrency management systems. The EAR evaluation and appraisal of these statutory and rule changes is not sufficient. Recommendation:. In the EAR addendum, identify all changesin the statutes, rules., and relevant plans. Assess the effect of the changes on the .comprehensive plan in detail, and recommend changes in the plan to address the changes in State policy. VII. Identification of _Any Needed Actions to Address the Planni.nq • -Issues Rail 1 in the Report (Rule 9g-5.0053(610)7_ , F.A.C_ ) i_ The YAR does not 'consistently identify new revised minimum five year and minimum ten year time frames. The time frames used in the•EAR and the adopted plan are inconsistent from one element, or one subject, to another. The year represented by the land uses Shown on the Future Land Use Lisp is not stated in the EAR, nor ie the relationship of the Future Land Use Map to the land use needs derived from the -resident and seasonal population projections to the planning horizon year of 2020 clearly identified in the plan, the EAR, or the EAR recommendations. The relationship between the time horizon cver -shich water, sewer, solid waste, and transpor- tation facilities are planned to the population projections, the year 2020.planning horizon, and the future year represented by the land use needs. as Sflcmm on the Future Land Use 2iap is not clear in the adopted plan, the EAR, or the EAR recommendations. The EAR is not sufficient. in meeting this rule requirement. Recommendation: . ' In the EAR addendum, develop data, analyses, recommendationz, goals, objectives, policies, implementation strategies, programs, capital improvements plans, programs and schedules that=..are; consistent with one another, and with the two specific planning:.tine•frames "that are required by statute and rule to be consistently used aslanning horizons throughout the plan. Make EAR evaluations; appraisals, and recommendations accordingly. 2. The pew:.and revised goals, objectives, and policies that are recommended in 'the EAR do not, in all cases, address the • 3.4 • deficiencies in. those goals, objectives, and policies, as noted in the above discussions. The EAR is not sufficient in meeting this rule requirement. Recommendation: Provide in the EAR addendum the required data and analyses. Provide in the EAR addendum evaluations. and appraisals • that 'are based on professionally acceptable plan .and program evaluation methodologies. Determine the success or failure of the plan's goals, : objectives, and policies in producing specifically stated desired results. Determine the need to reformulate goals, objectives, and. policies in light of statutory and rule require- ments, so that they have the intended result°. Include in the EAR 'addendum reformulated, or new, goals, objectives,• and policies that are needed to meet the requirements of final orders of administra- tive.hearings, stipulated settlement agreements, and court orders. 3. The revised: future conditions maps in the EAR are not based on relevant. and appropriate data and analyses. The revised Future Land Use Map bears no clear relationship to the year 2020 planning horizon stated in the"EAR, or to the resident and seasonal popula- tion projections for that year. The EAR does not include a revised Future Traffic circulation Rap. ret, a Future Traffic Circulation Map is required by. Rules 9J-5.007 (2) (b) and (4) , F.A.C. The Future Traffic circulation; map must be basea on.. an analysis of the projected traffic,-circulation levels-of service,,:and system needs based upon the futtre .land uses shown do the Future Land Use Map. The EAR is not sufficient V .addressing this rule requirement. Recommendation: In-the EAR addendum, provide a Future Land Use Map that reflects the year 2020 planning horizon, and the land use needs derived at : that tine from the resident and seasonal • population projections. In .the EAR addendum, provide , a Future Traffic Circulation Map that is based upon an analysis of levels of service and system needs that are based upon the land uses shown on the Future Land Use Map. 4. The new Capital Improvements Element in the EAR is not sufficient. The tAR does not coordinate .the Capital Improvements Element with the needs derived from the Future Land Use Map and • from resident and :seasonal population projections, and from the Future Land. Use element, which are required to be the basis for the development of needs in every other element of the plan. The EAR provides no evaluation and appraisal of the economic, or fiscal, feasibility of .the ;Lee plan. Rn� ecopme.ndatAo ::. '.Follow the previous suggestions in this report, and insure that the-EAR addendum evaluates and appraises the extent to which all eleierits. are based upon the same resident and seasonal population. proieotionc, have the same planning time frames, and include needs: derived from the Future Land Use Element and Map. Also, the EAR identifies revenue and expenditure problems. There . are statements .in:the :EAR which indicate that the cost of growth in 15 Lee County may be exceeding the revenues that it provides The fiscal feasibility, or the economic feasibility, of the Lee Plan should be evaluated and appraised in the EAR addendum. 5. The EAR is not sufficient in identifying other actions, such as monitoring and evaluation procedures, and studies to be completed. Rule 93-5.005(7) , F.A.C. , "Monitoring and Evaluation Requirements," has been significantly amended. The EAR presents no evaluation and appraisal of the effect of theme new rules on the Lee County adopted plan. Also, the level of data and analyses used • in the EAR is not sufficient to identify new monitoring and evaluation needs. Recommendation: -In the EAR addendum, -use an appropriate level of data and analyses in the EAR, as noted previously. Include in the EAR. addendum an,evaluation and appraisal or the economic and fiscal feasibility Of .the: plan, and of any proposed amendments. Also, evaluate and appraise in detail the errects or the amendments to Rule 9J-5.005(7)., -F.A.C. on the adopted plan. VIII. Identifirat an of Prpposed or Anticipated Plan Amendments to Address or implement the Identified Manges (Rule 93- 5.4453(6)1a)8. . P.A.C. . I. While the-RAR does recommend plan amendments and a submittal schedule for *all of the changes itidentifies, the amendments are not always appropriate to correct the underlying' problems. However, sufficiency review is not a complia*edetermination. The • EAR is sufficient regarding this rule requirement. Eeramxendation: ._ The County should note the other areas inwhich the F.AR is not sufficient. Any amendments which.the County submits in response to the EAR recommendations should meet all of the requirements for submission of amendments pursuant to Rule 93_11, F.A.C. , and include such additional information as needed to ensure that all requirements of Rule 93-5, P.A.C. are also met. • • • • • 16 • ** TOTAL PAGE. 01E **