Title: Draft 8-29-94 Page B2-1 - Chapter Two - Administrative Criteria
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Permanent Link: http://ufdc.ufl.edu/WL00004342/00001
 Material Information
Title: Draft 8-29-94 Page B2-1 - Chapter Two - Administrative Criteria
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Draft 8-29-94 Page B2-1 - Chapter Two - Administrative Criteria (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004342
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

DRAFT 8-29-94

(Transferred from Section 3.1 of Basis of Review January 1994)

2.1 Phased Projects Projects that are to be developed in
phases will normally require the submission of a master
plan of the applicant's contiguous land holdings. The
primary concerns of the District are to ensure continuity
between phases, satisfactory completion of individual
phases should the project not be completed as planned,
and protection of adjacent property owners' rights. This
includes adjacent property owners created by the sale of
incomplete phases.

An application for a conceptual permit encompassing the
total master plan should be submitted first. An
application for a construction permit for the first phase
may also be included as a part of the initial

Applications for phases of a project for which no
conceptual permit has been obtained may be considered
only when the phases are totally independent of, or make
sufficient provisions for, adjacent lands.

2.2 Land Use Considerations The proposed land use to be
served by a surface water management system for which an
Environmental Resource Permit is requested is not
required to be consistent with the affected local
government's comprehensive plan and/or existing zoning
for the site. However, it is strongly recommended that
an applicant obtain the necessary land use approvals from
the affected local government prior to permit application
since these approvals often contain conditions which
impact the overall project design and, hence, the type of
surface water management system design which is proposed.
By obtaining these local government approvals first, the
applicant can reduce or eliminate the need for subsequent
permit modifications which may be necessary as a result
of conditions imposed by the local government.

Should these local land use approvals be obtained
subsequent to the issuance of the Environmental Resource
Permit, the applicant should be aware that a permit
modification may be necessary prior to initiation of
construction. Due to the amount of time which may be
involved in processing such a modification, the applicant
is encouraged to initiate an application for modification
as soon as possible in order to prevent construction

DRAFT 8-29-94

2.3 Water and Wastewater Service Potable water and
wastewater facilities must be identified. The applicant
for an Environmental Resource Permit must provide
information on how these services are to be provided
including the status of any existing or proposed water
use permit, if applicable. If wastewater disposal is
accomplished on-site, additional information will
normally be requested regarding separation of wastewater
and storm water systems.

2.4 Water Management Areas Such areas shall be shown on
construction plans and, when appropriate, legally
reserved for that purpose by dedication on the plat, deed
restrictions, easements etc., so that subsequent owners
or others may not remove such areas from their intended
use. Management areas, including maintenance easements,
shall be connected to a public road or other location
from which operation and maintenance access is legally
and physically available. Impervious areas designed for
purposes such as roads, parking lots, sidewalks, or
public access shall not be used as water management areas
if the level or duration of standing or flowing water on
these areas is a potential risk to vehicular traffic or
pedestrian use.

2.6 Legal Operation/Maintenance Entity Requirements

2.6.1 The District considers the following entities acceptable
to satisfy the condition for issuance of permits,
40D-4.301(1) (i), andlimiting condition, 40D-4.381(1) (a) :

a. Local governmental units including counties or

b. Active Chapter 298, F.S., drainage districts;
drainage districts created by special act; Chapter
190 F.S., Community Development Districts, or
Chapter 170 F.S., special assessment districts.

c. Non-profit corporations including homeowners
associations, property owners associations (see
2.6.2 ), condominium owners associations or master

d. Legally constituted communication, water, sewer,
electrical or other public utilities.

e. State or federal agencies.


DRAFT 8-29-94

f. The property owner or developer only in the
following circumstances:

(1) The property is wholly owned by the permitted
and ownership is intended to be retained.
This would apply to a farm, corporate office
or single industrial facility, for example; or

(2) The ownership of the property is retained by
the permitted and is either leased or rented
to third parties such as in shopping centers
or mobile home parks.

To satisfy these requirements, the permitted must provide
written documentation. If the operation and maintenance
entity is a governmental unit, prior to staff
construction approval, the permitted must supply written
proof in the appropriate form by either letter or draft
resolution outlining the terms and conditions under which
the governmental entity will accept the operation and
maintenance of all of the surface water management system
and related facilities including lakes, easements, etc.
These documents are required to be finalized prior to
issuance of the operation authorization.

2.6.2 Association Requirements If a Homeowner or Property Owners Association or Master
Association is proposed, the applicantprmRittce must
submit draft or final Articles of Incorporation for the
Association, and Declaration of Protective Covenants or
Deed Restrictions, as well as a reference map if referred
to in documents. The permitted must furnish the
Certificate of Incorporation and the recording
information (Official Book and Page Number) for the
Declaration prior to issuance of the operation
authorization. If a Condominium Association is proposed, the permitted
must supply draft or final Articles of Incorporation for
the Condominium Association, and Declaration of
Condominium. It will be necessary for the permitted to
forward a copy of the letter from the Department of
Business Regulation, Bureau of Condominiums, stating that
the documents are proper for filing. These documents are
required to be finalized prior to issuance of the
operation authorization. The Association, whether a non-profit association or a
condominium association, must comply with the applicable

DRAFT 8-29-94

provisions of Florida laws, such as Chapters 617, 718, or
719, F.S. The Articles of Incorporation must reflect that the
Association has the power to do the following:

a. Own and convey property;

b. Operate and maintain common property, specifically
the surface water management system including any
mitigation areas as permitted by the Southwest
Florida Water Management District including all
lakes, retention areas, culverts and related

c. Establish rules and regulations;

d. Assess members and enforce said assessments;

e. Sue and be sued;

f. Contract for services to provide for operation and
maintenance if the Association contemplates
employing a maintenance company;

g. Require all the homeowners, lot owners, property
owners or unit owners to be members;

h. Exist in perpetuity; however, the Articles of
Incorporation must provide that if the Association
is dissolved, the property consisting of the
surface water management system shall be conveyed
to an appropriate agency of local government, and
that if not accepted, then the surface water
management system shall be dedicated to a similar
non-profit corporation; and

i. Take any other action necessary for the purposes
for which the Association is organized. The Declaration of Protective Covenants, Deed
Restrictions or Declaration of Condominium must set forth
the following:

a. It is the responsibility of the Association to
operate and maintain the surface water management


DRAFT 8-29-94

b. The surface water management system is owned by the
Association or described therein as common

c. There is a method of assessing funds and collecting
the assessed funds for operation and maintenance of
the surface water management system;

d. Any amendment of these documents which would affect
the surface water management system, including the
water management portions of the common areas, must
have the prior approval of the Southwest Florida
Water Management District; and

e. The Declaration of Covenants will be in effect for
at least 25 years with automatic renewal periods
thereafter. If drafts of the required documents are not submitted
with the original application, they must be submitted
prior to construction. Final documents must be submitted
before operation will be authorized. Documents may be
submitted prior to recording to allow for staff comment.
Modification of the requirements of this section can only
be based upon:

a. Intervening local government requirements of a more
stringent nature such as the requirement of a
maintenance agreement and posting of bond by the

b. A unique project requiring an alternate entity.
The alternate entity must be evaluated
independently. All necessary agreements or
easements must be documented in the file of record
before approval will be given.

2.6.3 Future operation and maintenance The operation and
maintenance entity is required to provide for the
inspection of the surface water management system by a
Florida registered Professional Engineer to assure that
the system is properly operated and maintained.
Inspection schedules will be specifically stated in the
permit. For those systems utilizing effluent filtration
or exfiltration, the inspections shall be performed 18
months after operation is authorized and every 18 months
thereafter. A written report of the findings of the
inspection shall be filed with the District within 30
days of the date of the inspection. The District shall
supply the form necessary for this.

DRAFT 8-29-94

The District may impose additional permit requirements to
insure future operation and maintenance including, but
not limited to, performance bonds or the development of
operation and maintenance plans and schedules.

2.7 Statement of Completion When a system permitted by the
District is constructed, a Florida registered
Professional Engineer or person under their responsible
supervision, direction or control must be on the
construction site as needed to certify that the system
was constructed as permitted. The owner, authorized
agent or engineer must certify that the system was
constructed as permitted and, if applicable, in
compliance with rule 40D-40.301, prior to issuance of the
operation authorization or any transfer of operation and
maintenance responsibility. The District will supply the
form necessary for this.


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