9J-28.009. Requirements for Designation as a Florida Quality Development (Transferred)

To be eligible for designation under this alternative DRI review program, the developer shall comply with each of the following requirements which is applicable to the site of a proposed FQD. The intent of establishing these minimum FQD development standards is to assist, promote, and advance the timely and expeditious review of FQD projects and, unless otherwise specified, such mitigative requirements shall be in addition to the mitigation standards and criteria for developments of regional impact.

(1)(a) The developer is required to preserve, through donations or binding commitments, the following types of lands to protect in perpetuity the natural attributes of these lands.

1. Wetlands and Water Bodies Within the Jurisdiction of the Florida Department of Environmental Protection. The developer shall preserve all wetlands and waterbodies within the jurisdiction of the Florida Department of Environmental Protection (DEP). In order to facilitate review, the developer should obtain a binding Jurisdictional Declaratory Statement from DEP for all wetlands within the project boundaries.

a. The developer may alter such wetlands and water bodies for the purpose of site access provided other routes of access are unavailable or impractical. However, such use shall be subject to approval by the DEP, pursuant to its authority under Chapter 403, Florida Statutes.

b. The developer may use such wetlands and water bodies for the purpose of stormwater management or domestic wastewater management and other necessary utilities to the extent that such uses are permitted pursuant to Chapter 403, Florida Statutes. The developer shall indicate any such proposed use in the application for development designation.

c. The developer may enhance wetlands and water bodies which have been artificially created to produce a more naturally functioning system. Man-made wetlands, created for mitigative purposes, may not be altered unless the redesign or alteration enhances the functionality of the system and is performed in accordance with the approval of the appropriate agencies which required or permitted the mitigation site. Such use is subject to approval by the DEP, pursuant to its authority under Chapter 403, Florida Statutes. The developer shall indicate any such proposed use in the application for development designation.

2. Dunes and Beaches. The developer shall preserve active beach and primary dunes seaward of the coastal construction control line established pursuant to Section 161.053, Florida Statutes. The developer shall also preserve secondary dunes seaward of the coastal construction control line except for those sites where the developer obtains a permit from the Florida Department of Environmental Protection to alter, excavate, or construct structures pursuant to Section 161.053, Florida Statutes. The developer shall set aside adequate public accessways to the beach. The developer may construct and maintain elevated walkways over the dunes to provide access to the beach as permitted pursuant to Section 161.053, Florida Statutes. These walkways shall be designed and built to protect the dunes and their associated vegetation.

3. Significant Archaeological Sites. The developer shall set aside archaeological sites, or portions of such sites, determined to be of significance by the Department of State, Division of Historical Resources.

a. Prior to submittal of the application, the developer shall contact the Division of Historical Resources and receive a determination from the Division of Historical Resources concerning the presence or likelihood of the presence of significant archaeological site(s) on the development property.

b. If the Division of Historical Resources determines that such resources are present or are likely to be present on the development property, the developer shall undertake or cause to be undertaken a professionally conducted archaeological survey, including all appropriate testing and a report of the results of the survey. The results of the survey shall be submitted to the Division of Historical Resources with a request for a determination of significance.

c. If the Division of Historical Resources determines that a significant site is present, the developer shall preserve the site as recommended by the Division of Historical Resources in a manner as specified by this rule section.

d. Documentation of all contacts with and determinations made by the Division of Historical Resources, including proposals for the preservation of identified significant sites, shall be submitted with the application for development designation.

4. Areas Important to Endangered or Threatened Animal Species. The developer shall preserve the habitat areas necessary to ensure the survival of the animal species designated as endangered or threatened by the United States Fish and Wildlife Service hereby referenced as Chapter 50, Code of the Federal Regulations, Section 17.11-12, Subpart B – List, “Title 50 Wildlife and Fisheries Part 17 – Endangered and Threatened Wildlife and Plants,” and the Florida Fish and Wildlife Conservation Commission hereby referenced as published in Rules 68A-27.003-.005, Florida Administrative Code, “Official List of Endangered and Potentially Endangered Fauna and Flora in Florida.”

a. Prior to submittal of the application for development designation, the developer shall undertake or cause to be undertaken a professionally conducted survey to determine the presence of habitat and areas important for endangered and threatened animal species for purposes of reproduction, feeding, nesting or securing shelter from predation or for traveling between such areas. The survey should be conducted at the necessary times of the year for proper identification of endangered and threatened animal species.

b. The survey should be conducted according to guidelines for such surveys as recommended by the Fish and Wildlife Conservation Commission (Commission). The survey should include, at a minimum: (1) a description of the survey methodology, including dates and times; and (2) a list and map of threatened and endangered animal species observed onsite and presumed to use the site based on the vegetative community and species range. The Department may consult with the Commission on the results of the survey and receive comments and recommendations from the Commission.

c. Proposals for the preservation of identified important habitat shall be submitted with the application for development designation. This shall include, but not be limited to, a description of the anticipated impacts on the identified species and communities and an explanation of how these species and their habitat will be protected and preserved in perpetuity.

5. Areas Known to Contain Endangered Plant Species. The developer shall preserve areas known to contain plant species designated as endangered plant species in Rule 9J-2.041, Florida Administrative Code.

a. The developer shall request the Florida Natural Areas Inventory (FNAI) or an appropriate state or federal agency for a preliminary determination as to the possible presence of endangered plant species. In addition, the developer shall undertake or cause to be undertaken a professionally conducted survey to determine the presence of endangered plant species. The survey should be conducted at the necessary times of the year for proper field-identification of the plant species.

b. The survey shall include at a minimum: (1) a map of endangered plant species that exist or are presumed to exist onsite based on species range and site characteristics; (2) a description of the survey methodology, including dates and times; (3) a description of the anticipated impacts on the endangered plant species; and (4) an explanation of how these species will be protected and preserved in perpetuity.

c. Documentation of all contacts with the FNAI and any other professional sources, including proposals for the preservation of areas containing endangered plant species, shall be submitted with the application for development designation. This shall include, but not be limited to, a description of the anticipated impacts on the identified species and an explanation of how these species and the areas in which they occur will be protected and preserved in perpetuity.

(b) Donations of land by the developer as required by subparagraphs 380.061(3)(a)1., Florida Statutes, may be made by conveying the property in fee simple title or lesser interest to the state or to a federal agency, water management district, local government, or other organization approved by the Department. The designated agency or organization receiving the conveyance of property shall display the willingness, ability, and resources to maintain and protect in perpetuity the preservation areas of plant and animal species. All such donations are subject to approval by the Department prior to issuance of the development order or recordation of the conveyance in the public records.

(c) Binding commitments pursuant to subsection 380.061(3), Florida Statutes, may be entered into by the developer as an alternative to the donation process described in paragraph (b) of this section. The binding commitment shall designate certain areas on the site of the FQD as open space to be retained in a natural condition or to be used for passive recreation for the protection of natural values for which the land is to be preserved. All such binding commitments shall be approved by the Department prior to issuance of the development order or recordation of the binding commitment in the public records. In its evaluation of a proposed binding commitment, the Department shall also determine whether a proposed use of the land for passive recreation is consistent with the purposes for which the land is to be preserved. The document establishing the binding commitment shall contain a condition naming the State of Florida as the benefiting party and providing it with enforcement rights should the binding commitment ever be violated. Binding commitments may be established through the following types of instruments:

1. Conservation easements, created in accordance with Section 704.06, Florida Statutes. The maintenance of any such conservation easements shall be confirmed in the annual report issued pursuant to subsection 9J-28.023(6), Florida Administrative Code, of this rule.

2. Restrictive covenants running with the land, which accomplish the preservation of the land areas as specified in the development order and pursuant to Section 380.061, Florida Statutes. The maintenance and continuance of the restrictive covenants shall be confirmed in the annual report issued pursuant to paragraph 9J-28.023(6)(j), Florida Administrative Code, of this rule.

(2) Hazardous and Toxic Substances. Individual business activity within an FQD shall not generate or dispose of hazardous substances in amounts that exceed the small quantity generator upper limit as defined in Rule 17-730.160, Florida Administrative Code, and Chapter 40, Code of Federal Regulations, Section 262.44, Florida Statutes. Amounts below this upper limit shall, for purposes of this rule, be considered generation and disposal of nonsignificant amounts as would occur through household use or incidental use by businesses.

(3) Participation in a Downtown Reuse or Redevelopment Program. If the site of the proposed FQD is located within a redevelopment district the developer shall participate in the planned reuse or redevelopment program established for the redevelopment area.

(4) Dredge and Fill; Stormwater Discharge. There shall be no dredge and fill activities in, and no stormwater discharge into, waters designated as Class II, aquatic preserves, or Outstanding Florida Waters; except as activities in those waters are permitted pursuant to subsection 403.813(2), Florida Statutes, and the developer demonstrates that those activities meet the standards under Class II waters, Outstanding Florida Waters, or aquatic preserves, as applicable.

(5) Open Space, Recreation, Energy Conservation, and Impermeable Surfaces. These issues shall be addressed by the developer when designing the development as an FQD.

(a) Open space should be used to differentiate, integrate or buffer different land uses and activities. Open space should be located around existing natural features as well as planned development to provide a sense of identity and unity within the development.

(b) Planning of recreational facilities and parks should take into account special population groups and the need for barrier-free accessibility to the elderly and handicapped. Barrier-free facilities may include: ramps; railings; appropriate restroom fixtures and design features; and other facilities constructed to allow safe use by all, especially very young children. Recreation needs therefore may vary from one development or neighborhood to the next. Site design for recreational facilities should be flexible in order to meet particular needs appropriate to the development. Site design should consider incorporation of compatible elements of both passive and active types of recreation. Typical facilities may include: play apparatus; multi-purpose courts; sports fields; picnic areas; urban office courtyard areas; nature study and hiking trails; and free play areas.

(c) The developer shall prepare an energy conservation plan for the design, construction and operation of the development. The plan shall outline and describe energy conservation standards and features, and design criteria expected to be used in the architectural design, construction, and operation of the structures. The plan should be included in the application for development designation. The plan shall consider, but not be limited to, the following energy conservation features:

1. Non-motorized paths for means of transportation and recreational use between all points of access between the FQD and the surrounding area that minimize distances between points of destination;

2. Provide connecting routes and designated shelter bus stops for mass transportation systems within the development that are easily accessible and aesthetically pleasing to encourage bus ridership;

3. Orient building design and street layout to reduce glass exposure to the east and west;

4. Locate buildings such that they do not block solar access to adjacent buildings and provide building space that permits natural ventilation of adjacent units;

5. Landscape design that shades buildings, parked cars and pedestrian areas from summer sun;

6. Water reuse for landscape irrigation;

7. The use of solar water heaters or waste heat recovery units to preheat water for cooking, drinking, and washing, if appropriate;

8. Maximum water temperature settings for hot-water heaters of 110 degrees Fahrenheit unless otherwise required by health codes;

9. High-efficiency or conditioning systems with a Seasonal Energy Efficiency Ratio of greater than or equal to 12.0;

10. Use of non-electric energy sources for cooking, water heating, and space heating, where feasible;

11. Minimum use of incandescent lighting;

12. Light-colored wall and roof surfaces, with solar absorption coefficients less than or equal to .50, or the use of self-ventilating or barreled roof tiles if appropriate;

13. Maximum flexibility of air conditioning systems to cool only occupied areas and the precooling of outside air and heat recovery wheels; and

14. Design and installation of computerized energy management systems, suitable for the scale and character of the buildings within the development.

(d) Permeable surfaces shall be constructed or installed where appropriate within the development. Impermeable surfaces should be installed on a limited basis as consistent with local government ordinances, codes and land development regulations. Examples of techniques and materials to increase permeable surfaces may include, but are not limited to: turf blocks; retention areas; xeriscape landscaping techniques; and pervious concrete.

(6) Infrastructure. The developer will provide for construction and maintenance of all onsite infrastructure necessary to support the project. The developer shall enter into a binding commitment with the local government to provide an appropriate fair-share contribution toward offsite impacts which the development will impose on publicly funded facilities and services and condition or phase the commencement of development to ensure that public facilities and services will be available concurrent with the impacts of the development. This commitment does not include offsite transportation facilities. For the purposes of offsite transportation impacts, the developer shall comply, at a minimum, with the following standards: the state land planning agency’s development of regional impact transportation rule, if in effect; the approved strategic regional policy plan; any applicable regional planning council transportation rule; and the approved local government comprehensive plan and land development regulations adopted pursuant to Part II of Chapter 163, Florida Statutes.

(7) Consistency with Plans. The design and construction of the development shall be consistent with the adopted state comprehensive plan, the applicable strategic regional policy plan, and the applicable adopted local government comprehensive plan.

(8)(a) Planning and Design Features. In order to encourage innovative and quality design features the Florida Legislature intended that additional features be considered in determining whether a development qualifies for designation as an FQD that address the quality of life of the people who will live and work in or near the development.

(b) In order to implement the intent of the Legislature to ensure the inclusion of planning and design features that address the needs of the people in the state and further the goals and policies of the State Comprehensive Plan as it provides for orderly, social, economic and physical growth of the state, this rule section identifies primary and secondary planning features and assigns points to those features. To qualify for designation under this rule section, the development plan shall have a minimum total of 15 points and shall include at least one of the primary design features. These planning and design features include, but are not limited to: 

DESIGN FEATURE	POINTS ASSIGNED
Primary Design Features
1. Promotion of compact urban growth through complementary mixes of residential and non-residential uses of onsite or offsite adjacent or proximate parcels, including measures for affordable housing; or, establishment of a New Town or New Community, incorporating, where appropriate, features from the Traditional Neighborhood Development code, including measures for affordable housing	5
2. Urban renewal, downtown redevelopment, urban infill, or project location in a designated local or regional activity center as identified in an adopted local government comprehensive plan found to be in compliance with Chapter 9J-5, Florida Administrative Code, or a comprehensive regional policy plan, including measures for affordable housing	5
Secondary Planning and Design Features
3. Comprehensive Transportation System Management features such as: mass transit, access management, Transportation Demand Management, and the facilitation of pedestrian movement or the nonautomotive-based conveyance of people between land uses	3
4. Preservation of areas that are primary habitat for significant populations of animal species of special concern designated by the Florida Fish and Wildlife Conservation Commission or protection and preservation of uplands as wildlife habitat with special consideration given to prime recharge areas, areas designated by the Florida Department of Environmental Protection to be significant value to the state park system, or other environmentally sensitive property included on the Conservation and Recreation Lands or the Land Acquisition Trust Fund priority list or included as a priority for acquisition by a water management district through the Save Our River program	3
5. Water conservation; reuse of treated effluent where such uses are appropriate; use of water saving devices; xeriscaping	3
6. Household, office, or commercial hazardous waste collection	2
7. Recycling of solid waste	2
8. Promotion of cultural or educational activities	2
9. Care for the elderly	2
10. Development location in Florida Enterprise Zones or Community Development Block Grant target areas linked with project programs such as job training for unskilled workers, or the creation of full-time employment opportunities in areas, or for groups characterized by, high unemployment	1
11. Enhancement of emergency management capabilities	1
12. Onsite childcare	1
13. Other planning and design features addressing areas such as locally identified social concerns, urban amenities, or aesthetic design considerations	1

 

Specific Authority 380.032(2)(a), 380.061(3), (8)(b) FS. Law Implemented 380.061, 380.061(3) FS. History–New 1-23-90, Amended 3-1-01.