62-330.055. Conceptual Approval Permits for Urban Infill or Redevelopment

A county or municipality may request a conceptual approval permit for activities occurring within urban infill and redevelopment areas or community redevelopment areas created under chapter 163, F.S. Following approval of the conceptual permit, any construction, alteration, operation, maintenance or removal consistent with the conceptual permit may be authorized under a notice of intent to use the general permit for urban infill and redevelopment in rule 62-330.450, F.A.C.

(1) An urban infill or redevelopment conceptual approval permit shall be reviewed as provided below and in rule 62-330.056, F.A.C., but does not have to meet all of the stormwater quality and quantity design and performance criteria of Volume II, provided the county or municipality submits a stormwater management master plan for the urban infill or redevelopment area that includes the following:

(a) Identification of the proposed urban infill or redevelopment area and the total contributing drainage area, including any major drainage basins and sub-basins;

(b) Identification of the receiving waters associated with the proposed urban infill or redevelopment area; and

(c) Calculation and assignment of the predevelopment annual loading of pollutants of concern as determined during the permit application review, on a drainage basin or sub-basin basis, for all areas to be included within the conceptual approval permit. Loadings must be specific to the types of land use and must be expressed as a “mass per area” basis. The basin or sub-basin loading assignments will serve as the pollutant goal for future urban infill or redevelopment in each of those areas (target pollutant load). Future development that meets the predevelopment pollutant load assignment will be presumed to meet the net improvement requirements of paragraph (2)(a), below.

(2) An application for a conceptual approval permit for urban redevelopment and infill activities shall also include the following:

(a) A demonstration that the redevelopment will achieve a net improvement of the quality of stormwater in accordance with section 373.4131(1)(b)2., F.S.

(b) Documentation of the rate and volume of stormwater discharges existing as of the date of the application, and information sufficient to estimate the maximum rate and volume of stormwater discharges that will exist as of the date of issuance of the conceptual approval permit.

(c) A commitment that activities within the redevelopment area will use stormwater best management practices (BMPs) to the maximum extent practicable.

(d) Provisions demonstrating that the individual or regional stormwater management systems within the urban infill or redevelopment area will be operated and maintained in perpetuity, consistent with the terms and conditions of the conceptual approval permit.

(e) An identification of proposed construction and no-construction areas.

(f) An estimate of the maximum extent of impacts to wetlands and other surface waters and details of any proposed mitigation for those impacts.

(g) An estimate of the maximum amount of anticipated impervious surface and description of the stormwater treatment system for those areas.

(h) An identification of the general location and types of activities proposed on any state-owned submerged lands.

(i) A timetable for redevelopment, including the requested duration of the conceptual approval permit.

(3) Consistent with the approved stormwater management master plan, the conceptual approval permit will:

(a) Provide a ledger that indicates the target pollutant load (mass per area) for each drainage basin or sub-basin. Any general permit for construction that is submitted in association with the conceptual permit must demonstrate that the proposed project does not exceed the target pollutant load for the receiving waters.

(b) Provide the annual pollutant load (mass per area) for each type of land use category, and the pollutant removal efficiency for the anticipated BMPs to be employed. Activities requested under the general permit in rule 62-330.450, F.A.C., that use the BMPs approved in the stormwater master plan, that reduce impervious surfaces, or that otherwise meet the pollutant loading target in the stormwater master plan, and that also comply with all the terms and conditions of the general permit, will result in a debit to the ledger. Once the entire pollutant load target is reached for the receiving waters, no more development is allowed under the general permit.

(c) Contain specific conditions necessary to ensure that the future applications for permits to construct, alter, operate, maintain, remove, or abandon systems authorized in the conceptual approval permit are consistent with the redevelopment conceptual approval permit and the general permit in rule 62-330.450, F.A.C.

(d) Allow the rate and volume of stormwater discharges for stormwater management systems within the urban infill or redevelopment area to continue up to the maximum rate and volume of stormwater discharges allowed under section 373.4131(1)(b)4., F.S.

(4) If changes are proposed to the design of existing or future phases, or where there have been changes to state water quality standards, special basins, or site characteristics during the duration of the conceptual approval permit, the applicant must modify the conceptual approval permit if it wishes to continue to rely on it as a basis that reasonable assurance exists for the Agency to issue future construction or operation permits under the terms and conditions of this section. If the permittee fails to do this, the conceptual approval permit can no longer be relied upon as a basis, in part or whole, under which permits to construct or operate future phases will be issued, and the Agency will reevaluate the terms and conditions of the conceptual approval permit at the time a permit application is received to construct the next phase of activities included in the original conceptual approval permit, or at the next requested extension of the conceptual approval permit duration in accordance with subsection 62-330.056(11), F.A.C., whichever occurs first.

(5) Issuance of the conceptual approval permit and activities undertaken under the general permit in rule 62-330.450, F.A.C., must comply with the provisions of section 373.4131(1)(b)1., F.S.

(6) An individual permit under this chapter is required for the construction, alteration, operation, maintenance, abandonment, or removal of activities covered by this conceptual approval permit that involve work in wetlands or other surface waters. The following must occur before the Agency can determine that the general permit in rule 62-330.450, F.A.C., can be used to construct roads, parking areas, buildings, and other structures within the project area authorized by that individual permit, or on lands served by a stormwater management system authorized by that individual permit:

(a) The individual permit must be obtained;

(b) Dredging and filling necessary to prepare the land for future construction, including construction of any required stormwater management systems, must be completed in accordance with the individual permit; and

(c) Any mitigation required to offset adverse impacts from the work in wetlands and other surface waters must be initiated in conformance with the individual permit. When the applicant proposed the recording of a conservation easement over land as part of its mitigation, then a conservation easement acceptable to the agency must be recorded over the mitigation land consistent with the permitted mitigation plan. If the applicant proposed credits from a mitigation bank or regional offsite mitigation area as part of its mitigation, then such credits must be purchased consistent with the permitted mitigation plan.

(7) An urban infill or redevelopment conceptual permit shall be issued for 20 years, unless a shorter duration is requested. The permit shall be renewed at the request of the permittee for another 20 years, unless a shorter duration is requested, subject to activities remaining in compliance with this section and the terms and conditions of the general permit in rule 62-330.450, F.A.C.

Rulemaking Authority 373.026, 373.043, 373.044, 373.4131, 373.4145, 373.418, 380.06, 403.805(1) FS. Law Implemented 373.026, 373.409, 373.413, 373.4131, 373.4141, 373.4142, 373.4145, 373.416, 380.06 FS. History–New 10-1-13, Amended 6-1-18.