Proposal to adopt new rules for the Village of Islamorada Work Program Administration and Comprehensive Plan to implement the Section 380.0552(4), Florida Statutes, annual reporting requirement to the Administration Commission describing the ...

ADMINISTRATION COMMISSION

Rule No.: RULE TITLE
28-19.300: Work Program Administration
28-19.310: Comprehensive Plan
PURPOSE AND EFFECT: Proposal to adopt new rules for the Village of Islamorada Work Program Administration and Comprehensive Plan to implement the Section 380.0552(4), Florida Statutes, annual reporting requirement to the Administration Commission describing the progress of the Village of Islamorada in accomplishing the remaining tasks under the Work Program as set forth in Rule 28-20.110, F.A.C, that are necessary prior to the removal of the Florida Keys Area of Critical State Concern designation.
SUMMARY: The proposed rules for the Village of Islamorada Comprehensive Plan identify the individual Work Program tasks set forth in Rule 28-20.110, F.A.C., and the completion dates of the Work Program tasks necessary for consideration by the Administration Commission prior to Removal of the Area of Critical State Concern Designation. As required by Section 380.0552(4), Florida Statutes, the Work Program tasks specified in Administration Commission rules must be reported annually. The protection of the natural environment of the Florida Keys, and the identification of and progress in accomplishing the tasks under Work Program (as set out in Rule 28-20.110, F.A.C.) is reported to the Department of Community Affairs for the preparation of a written annual report to the Administration Commission. The Work Program tasks include the continued implementation of the Wastewater Master Plan and the construction of wastewater treatment and collection facilities; the continued implementation of the Florida Keys Carrying Capacity Study; the identification and completion of stormwater projects; and the analysis of hurricane evacuation issues in the Florida Keys.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs has been prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 380.0552(9), 380.05(22) FS.
LAW IMPLEMENTED: 380.0552 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 10, 2011, 10:00 a.m.
PLACE: Department of Community Affairs, 2555 Shumard Oak Boulevard, Room 305, Tallahassee, Florida 32399-2100
A SECOND POST LEGISLATIVE RATIFICATION HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW.
DATE AND TIME: May 17, 2011, 9:00 a.m.
PLACE: Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

28-19.300 Work Program Administration.

(1) Pursuant to Section 380.0552(4)(b), F.S., the Department of Community Affairs shall submit a written annual report to the Administration Commission on November 30, 2011 and each year thereafter, until such time as the designation is removed, describing the progress of the Florida Keys Area toward accomplishing remaining tasks under the work program (as set out in Rules 28-20.110 and 28-19.310, F.A.C.), the fulfillment of the legislative intent and providing a recommendation as to whether progress toward accomplishing the tasks of the work program has been achieved.

(2) The Department of Community Affairs shall recommend to the Administration Commission the removal of designation when the removal of designation criteria of Section 380.0552(4), F.S., is achieved.

(3) For tasks related to water quality in the work program, the Department of Community Affairs shall request assistance from appropriate federal, state, regional, and local agencies to contribute any relevant data, analysis and recommendations, and that they take an active role in assisting the Village in completing the task. Each agency shall prepare a section to be included in the Department’s reports which indicates the agency’s actions relative to the work program. The Department of Community Affairs shall specifically request that the Florida Keys National Marine Sanctuary Water Quality Protection Program Steering Committee (Water Quality Steering Committee) take an active role to allocate funding or provide staff to monitor nearshore waters, as necessary, for nutrient reduction.

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New________.

 

28-19.310 Comprehensive Plan.

(1) The Comprehensive Plan of of Islamorada, Village of Islands, as the same exists on January 1, 2011, is hereby amended to read as follows:

(2) Policy 1-3.1.1 Islamorada Work Program Conditions and Objectives.

(a) The number of permits issued annually for residential development under the Residential Building Permit Allocation System (BPAS) shall not exceed a total annual unit cap of 22 market rate units and 6 affordable housing units, plus any available unused BPAS allocations from the previous BPAS year. Unused BPAS allocations may be retained and made available only for affordable housing and Administrative Relief from BPAS year to BPAS year. Unused market rate allocations shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. This BPAS allocation represents the total number of allocations for development that may be issued during a year. A BPAS year means the twelve-month period beginning on July 13.

(b) No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the area of critical state concern.

(c) Beginning November 30, 2011, the Village and the Department of Community Affairs shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by at least 20 percent for the following year.

(d) Allocations and permits to construct a new development or redevelopment that requires a modification or a repair to the onsite sewage treatment and disposal system, per Sections 381.0065(4)(1) and 403.086(10), F.S., and subsection 64E-6.001(4), F.A.C., shall not be issued unless the unit is connected to or will be connected to a central sewer system that has committed funding, a construction permit from the Department of Environmental Protection and the collection system is physically under construction or the unit has an onsite sewage treatment and disposal system that meets the treatment and disposal requirements of Sections 381.0065(4)(l) and 403.086(10), F.S.

(e) Through the Permit Allocation Systems, Islamorada shall direct new growth and redevelopment to areas connected to or that will be connected to a central sewer system that has committed funding, a construction permit from the Department of Environmental Protection and is physically under construction. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, the Village of Islamorada, shall coordinate with the central wastewater facility provider and shall increase an applicant’s score by two points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Sections 381.0065(4)(1) and 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a design permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.

(f) If the Commission determines that progress has been made for the work program year, then the Commission shall restore the unit cap for residential development for the following year up to a maximum of 28 allocations per BPAS year.

(g) Wastewater treatment and disposal in Islamorada is governed by the requirements of Sections 381.0065(4)(1) and 403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or Department of Health to enforce Sections 381.0065(4)(1) and 403.086(10), F.S.

(h) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.

(3) Policy 2-1. 2.10 Hurricane Modeling.

For hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for the permanent population for a category C-E hurricane event. The termination point shall be the intersection of U.S. Highway One and the Florida turnpike in Homestead/Florida City.

(4) WORK PROGRAM. Local government annual tasks to achieve progress are the remaining tasks of the Work Program from Rules 28-20.110 and 28-19.310, F.A.C. Hurricane Evacuation tasks from Year 8, Task Q of the Work Program in Rule 28-20.110, F.A.C. Carrying Capacity & Habitat Protection tasks from Year 6, Task C; and Year 8, Task F of the Work Program in Rule 28-20.110, F.A.C. Wastewater tasks from Year 4, Task A; Year 6, Task A; Year 7, Task A of the Work Program in Rule 28-20.110, F.A.C.

(a) Carrying Capacity Implementation.

1. By July 1, 2011 and each July 1 thereafter, Islamorada shall evaluate its land acquisition needs and state and federal funding opportunities and apply to at least one state or federal land acquisition grant program.

2. By July 1, 2011, Islamorada shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton after a notice, public workshop and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys.

3. By July 1, 2011, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding. Islamorada and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Business and Economic Research, and other studies). Islamorada shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.

4. By July 1, 2011, Islamorada shall complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs, Monroe County and each municipality in the Keys.

5. By July 1, 2011, the Department of Community Affairs shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24-hour evacuation clearance time. If necessary, Department of Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.

6. By July 1, 2011, based on the Department of Community Affairs’ recommendations, Islamorada shall amend the current building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based on infrastructure availability, level of service standards, environmental carrying capacity constraints, and hurricane evacuation clearance time.

(b) Wastewater Implementation.

1. Beginning July 1, 2011 and each July 1 thereafter, Islamorada shall identify any funding for wastewater implementation. Islamorada shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.

2. By July 1, 2011, Islamorada shall provide a final determination of cold spots requiring upgrade to meet Sections 381.0065(4)(l) and 403.086(10), F.S., wastewater treatment and disposal standards. This shall be in the form of a resolution including a map of the non-service areas.

3. By July 1, 2011, Islamorada shall work with the owners of wastewater facilities and on site systems throughout the Village and the Department of Environmental Protection (DEP) and the Department of Health (DOH) to fulfill the requirements of Sections 381.0065(4)(l) and 403.086(10), F.S., regarding wastewater treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet 2015 treatment standards.

4. By March 2013, the Department of Health, Islamorada, and the City’s wastewater provider shall explore possible mechanisms to provide upgrades and central management of onsite sewage treatment and disposal systems located in non-service areas and unfunded service areas of the City. The Department of Health will provide an update to the Department of Community Affairs describing the mechanisms discussed by the parties and the results of those discussions.

5. By July 1, 2011, Islamorada shall adopt an ordinance establishing the upgrade program with implementation dates, time frames, and enforcement for upgrading onsite systems and package plants in non-service areas.

6. By July 1, 2011 and by July 1 of each year thereafter, Islamorada shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal grant program for wastewater projects and connections.

7. By July 1, 2011, Islamorada shall develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities.

8. By July 1, 2011 and each July 1 thereafter through 2013, Islamorada shall annually draft a resolution requesting the issuance of a portion of the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for the construction of wastewater projects within the Florida Keys.

9. By July 1, 2011 and each July 1 thereafter through 2013, Islamorada shall develop a mechanism to provide accurate and timely information and establish annual funding allocations necessary to support the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions associated with bonds.

10. By July 1, 2013 and each July 1 thereafter, Islamorada shall provide a report of addresses and the property appraiser’s parcel numbers of any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County Health Department and the Department of Community Affairs. This report shall describe the status of enforcement action and provide the circumstances of why enforcement may or may not have been initiated. The Monroe County Department of Health and Department of Community Affairs may proceed with enforcement as necessary and appropriate.

(c) Wastewater Project Implementation.

1. By July 1, 2010, Islamorada shall finalize wastewater schedule and funding plan.

2. Environmental Protection Agency Decentralized Sewer Project.

a. By July 1, 2011, Islamorada shall award contract for design of system; and

b. By July 1, 2011, Islamorada shall advertise request for proposal to construct system; and

c. By July 1, 2011, Islamorada shall award contract for construction; and

d. By July 1, 2011, Islamorada shall initiate construction; and

e, By July 1, 2011, Islamorada shall complete construction; and

f. By July 1, 2011, Islamorada shall connect to decentralized system.

3. Plantation Key Wastewater Treatment Facility.

a. By July 1, 2011, Islamorada shall complete an additional 700 connections (Phase II) to the North Plantation Key Wastewater Treatment Plant (WWTP); and

b. By July 1, 2011, Islamorada shall advertise request for proposal to obtain engineering services for the design of the South Plantation Key Wastewater Treatment Plant; and

c. By July 1, 2011, Islamorada shall award the contract for the design of the South Plantation Key wastewater treatment plant; and

d. By July 1, 2012, Islamorada shall finalize design of wastewater treatment plant; and

e. By July 1, 2012, Islamorada shall secure site for the South Plantation wastewater treatment plant; and

f. By July 1, 2012, Islamorada shall advertise for proposals for construction of wastewater treatment plant; and

g. By July 1, 2012, Islamorada shall award construction contract for wastewater treatment plant; and

h. By July 1, 2012, Islamorada shall complete construction of wastewater treatment plant; and

i. By July 1, 2012, Islamorada shall design the collection system; and

j. By July 1, 2012, Islamorada shall advertise for proposals for the construction of the collection system; and

k. By July 1, 2012, Islamorada shall award collection system construction contract; and

l. By July 1, 2013, Islamorada shall construct collection system; and

m. By July 1, 2013, Islamorada shall initiate connections to the treatment facility; and

n. By July 1, 2014, Islamorada shall complete connections (100%) to the treatment facility.

4. Lower Matecumbe Wastewater Treatment Facility.

a. By July 1, 2011, Islamorada shall advertise request for proposal to obtain engineering services for design of the Lower Matecumbe wastewater treatment plant; and

b. By July 1, 2011, Islamorada shall award contract for design of Lower Matecumbe wastewater treatment plant; and

c. By July 1, 2011, Islamorada shall initiate Lower Matecumbe wastewater treatment plant design; and

d. By July 1, 2012, Islamorada shall finalize design of Lower Matecumbe wastewater treatment plant; and

e. By July 1, 2012, Islamorada shall secure site for Lower Matecumbe wastewater treatment plant; and

f. By July 1, 2012, Islamorada shall advertise for proposals for construction of Lower Matecumbe wastewater treatment plant; and

g. By July 1, 2012, Islamorada shall award construction contract for Lower Matecumbe wastewater treatment plant; and

h. By July 1, 2012, Islamorada shall design Lower Matecumbe collection system; and

i. By July 1, 2012, Islamorada shall advertise for proposals for construction of Lower Matecumbe wastewater treatment plant; and

j. By July 1, 2012, Islamorada shall award Lower Matecumbe collection system construction contract; and

k. By July 1, 2012, Islamorada shall complete construction of Lower Matecumbe wastewater treatment plant; and

l. By July 1, 2013, Islamorada shall construct Lower Matecumbe collection system; and

m. By July 1, 2013, Islamorada shall initiate connections to Lower Matecumbe treatment facility; and

n. By July 1, 2014, Islamorada shall complete connections (100%) to Lower Matecumbe treatment facility.

5. Upper Matecumbe Wastewater Treatment Facility.

a. By July 1, 2011, Islamorada shall advertise request for proposal to obtain engineering services for design of Upper Matecumbe wastewater treatment plant; and

b. By July 1, 2011, Islamorada shall award contract for design of Upper Matecumbe wastewater treatment plant; and

c. By July 1, 2011, Islamorada shall initiate Upper Matecumbe wastewater treatment plant design; and

d. By July 1, 2012, Islamorada shall finalize design of Upper Matecumbe wastewater treatment plant; and

e. By July 1, 2012, Islamorada shall secure site for Upper Matecumbe wastewater treatment plant; and

f. By July 1, 2012, Islamorada shall advertise for proposals for construction of Upper Matecumbe wastewater treatment plant; and

g. By July 1, 2012, Islamorada shall award construction contract for the Upper Matecumbe wastewater treatment plant; and

h. By July 1, 2013, Islamorada shall complete construction of the Upper Matecumbe wastewater treatment plant; and

i. By July 1, 2012, Islamorada shall design the Upper Matecumbe collection system; and

j. By July 1, 2012, Islamorada shall advertise for proposals for the construction of the Upper Matecumbe collection system; and

k. By July 1, 2012, Islamorada shall award the Upper Matecumbe collection system construction contract; and

l. By July 1, 2013, Islamorada shall initiate connections to the Upper Matecumbe treatment facility; and

m. By July 1, 2014, Islamorada shall complete connections (100%) to the Upper Matecumbe treatment facility.

6. Windley Wastewater Treatment Facility.

a. By July 1, 2011, Islamorada shall advertise request for proposal to obtain engineering services for design of the Windley wastewater treatment plant; and

b. By July 1, 2011, Islamorada shall award contract for design of the Windley wastewater treatment plant; and

c. By July 1, 2011, Islamorada shall initiate the Windley wastewater treatment plant design; and

d. By July 1, 2012, Islamorada shall complete design of the Windley wastewater treatment plant; and

e. By July 1, 2012, Islamorada shall advertise for proposals for construction of the Windley wastewater treatment plant; and

f. By July 1, 2012, Islamorada shall award construction contract for the Windley wastewater treatment plant; and

g. By July 1, 2013, Islamorada shall complete construction of the Windley wastewater treatment plant; and

h. By July 1, 2013, Islamorada shall design the Windley collection system; and

i. By July 1, 2013, Islamorada shall advertise request for proposals for the construction of the the Windley collection system; and

j. By July 1, 2013, Islamorada shall award the Windley collection system construction contract; and

k. By July 1, 2013, Islamorada shall construct the Windley collection system; and

l. By July 1, 2013, Islamorada shall initiate connections to the Windley treatment facility; and

m. By July 1, 2013, Islamorada shall complete 50% connections to the Windley treatment facility; and

n. By July 1, 2014, Islamorada shall Complete connections (100%) to the Windley treatment facility.

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry McDaniel, Secretary, Administration Commission
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 7, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 26, 2008 and February 6, 2009