Rule No. : RULE TITLE :
28-19.310: Comprehensive Plan
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.
(b)(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 Section 381.0065(4)(1) and Section 403.086(10), F.S., and Rule 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 Section 381.0065(4)(l) and Section 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 Section 381.0065(4)(1) and Section 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 Section 381.0065(4)(1) and Section 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 Section 381.0065(4)(1) and Section 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 hurricane that is classified as a Category 3-5 wind event or Category C-E surge event 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) Reporting and Oversight.
(a) Through the Permit Allocation Systems, Islamorada shall direct new growth and redevelopment to areas served by or that would be served a central sewer system by December 2015, that has committed funding or planned funding sources. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Community Affairs. 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 Section 381.0065(4)(1) and Section 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.
(b) 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.
(c) Wastewater treatment and disposal in Islamorada is governed by the requirements of Section 381.0065(4)(1) and Section 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 Section 381.0065(4)(1) and Section 403.086(10), F.S.
(d) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.
(5)(4) WORK PROGRAM. Local government annual tasks to achieve progress are the remaining tasks of the Work Program from Rule 28-20.110, F.A.C. and Rule 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, 2012 2011, Islamorada shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Marathon, Monroe 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, 2012 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, 2012 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, 2012 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, 2013 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 December 1, 2013 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 December 1, 2013 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 Section 381.0065(3)(h) and (4)(l), and Section 403.086(10), F.S., regarding implementation of wastewater treatment and disposal systems. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet 2015 treatment and disposal 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.
4.6. 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.
5.7. By September 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.
6.8. 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.
7.9. By July 1, 2011 and each July 1 thereafter through 2013, Islamorada shall develop a mechanism to provide accurate and timely information and establish Islamorada’s annual funding allocations necessary to provide unmet funding needs 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.
8.10. By December 1, 2013 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, Department of Environmental Protection and the Department of Community Affairs. This report shall describe the status of Islamorada’s 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 June 1, 2011, Islamorada shall provide a wastewater financing plan to the Department of Community Affairs and Administration Commission.
2. By July 1, 2011, Islamorada shall conclude negotiations with Key Largo Wastewater Treatment District for treatment capacity.
3. By July 1, 2011, Islamorada shall advertise for proposal for design build operate finance construction of Village-wide wastewater system.
4. By July 1, 2011 submit a copy of contract agreement with Key Largo Wastewater District documenting acceptance of effluent or alternative plan with construction of wastewater treatment plants in Village that ensures completion and connection of customers by December 2015.
5. By July 1, 2011, Islamorada shall make available to its customers an additional 700 connections (Phase II) to the North Plantation Key Wastewater Treatment Plant (WWTP).
6. By September 1, 2011, Islamorada shall select the design build operate finance contractor for the Village-wide wastewater system.
7. By October 1, 2011, Islamorada shall submit a wastewater construction status report to the Department of Community Affairs and the Administration Commission which includes substantial completion of construction prior to January 1, 2015 and final completion prior to July 1, 2015.
8. By September 1, 2013, Islamorada shall complete final design of the Village-wide wastewater system.
9. By December 1, 2013, Islamorada shall commence construction of the Village-wide wastewater system.
10. By June 1, 2014, Islamorada shall make available to its customers 25% of the Equivalent Dwelling Unit (EDU) connections to the Village-wide wastewater system.
11. By December 1, 2014, Islamorada shall make available to its customers 50% of the Equivalent Dwelling Unit (EDU) connections to the Village-wide wastewater system.
12. By June 1, 2015, Islamorada shall make available to its customers 75% of the Equivalent Dwelling Unit (EDU) connections to the Village-wide wastewater system.
13. By December 1, 2015, Islamorada shall make available to its customers 100% of the Equivalent Dwelling Unit (EDU) connections to the Village-wide wastewater system.
1. By July 1, 2011, 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 ________.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGES IS: Barbara Powell, Community Planner, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida, telephone (850)922-1782