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Item K1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 12, 2012 Division: Growth Management Bulk Item: Yes No X Department: Planning & Environment Resources Staff/Contact: Christine Hurley (305) 289-2517 AGENDA ITEM WORDING: Discussion regarding the Key Largo Wastewater Treatment District CR- 905 improvement project relative to the Coastal Barrier Resources System (CBRS) Unit #FL-3 5 . ITEM BACKGROUND: In mid -November, 2012, staff received a media inquiry concerning whether the Key Largo Wastewater Treatment District (KLWTD) was expanding service along CR-905 and into a portion of CBRS Unit #FL-3 5 . Growth Management staff has coordinated with KLWTD and determined they are extending sewer service into the CR-905 area which includes a portion of CBRS FL-3 5 Unit. The subject improvements include the installation of a force main within the CR-905 right of way (ROW) with branch lines in the ROW of the local subdivision streets being served. The individual homes to be served are to grant an easement to the KLWTD so that the KLWTD can then install a low pressure lift station and a small force main on the private lot within that easement. This lift station will be connected to the KLWTD's force mains. The individual lift stations and connecting force mains will be owned and maintained by the KLWTD even though they will be installed on private property (within the respective easements). The individual home owners will be responsible for connection of their sanitary sewage line to the KLWTD's low pressure lift station; the decommission of any existing onsite wastewater system (septic, aerobic, etc.); and running electric to the lift station. Home owners will need permits for the plumbing and electrical connections (2 separate permits). The County has adopted Comprehensive Plan Policies and Land Development Regulations which both discourage and prohibit the extension of utilities, including wastewater, to or through areas designated as units of the CBRS. (See Attachment A) Chapter 2008-291, Laws of Florida (see Attachment B), exempts KLWTD from County permitting (see legal opinion —Attachment C); however, as a result of the above referenced adopted Comprehensive Plan Policies and Land Development Regulations, the County cannot issue building permits (plumbing and electrical) to individual property owners in order to connect to the individual lift stations along CR-905, if the residences to be served are located within land designated as a unit of the CBRS. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: None TOTAL COST: INDIRECT COST: BUDGETED: Yes No NA DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required _ DISPOSITION: AGENDA ITEM # Attachment A Monroe County Adopted Comprehensive Plan Policies Policy 101.12.4 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new or the significant expansion (greater than 25 percent) of any existing public facility: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the alternative sites; and, 3. assessment of direct and secondary impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and designated Tier I areas. Except for passive recreational facilities on publicly -owned land, no new public community or utility facility other than water distribution and sewer collection lines or pump/vacuum/lift stations shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this requirement may be made to protect the public health, safety, and welfare, if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermaj ority of the Board of County Commissioners. The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this policy. Objective 102.8 Monroe County shall take actions to discourage private development in areas designated as units of the Coastal Barrier Resources System. Policy 102.8.1 Monroe County shall discourage developments which are proposed in units of Coastal Barrier Resources System (CBRS). Policy 102.8.2 Upon adoption of the Comprehensive Plan, Monroe County shall not create new access via new bridges, new causeways, new paved roads or new commercial marinas to or on units of the Coastal Barrier Resources System (CBRS). Policy 102.8.3 By January 4, 1997, shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. Policy 102.8.4 By January 4, 1998, privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes through the Monroe County Natural Heritage and Park Program. Policy 102.8.5 Monroe County shall [take] efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service to CBRS units. These efforts shall include providing each of the utility providers with: 1. a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units Policy 103.2.4 Upon adoption of the Comprehensive Plan, Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new public facilities or the significant expansion (greater than 25 percent) of existing public facilities: 1. assessment of needs 2. evaluation of alternative sites and design alternatives for the selected sites; and 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall prohibit the location of public facilities on North Key Largo, unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. Policy 103.2.10 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barrier Resources System. (See Objective 102.8 and related policies.) GOAL 209 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. Objective 209.3 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barrier Resources System (CBRS). Policy 215.2.3 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Policy 217.4.2 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Policy 502.1.5 Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe Harbor entrance channel from the system unit, FL 57. Policy 1301.7.12 By January 4, 1998, Monroe County shall initiate discussions with the FKAA and providers of electricity and telephone service to assess the measures which could be taken to discourage or prohibit extension of facilities and services to Coastal Barrier Resource Systems (CBRS) units. Policy 1401.2.2 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Monroe County Adopted Land Development Regulation Sec. 101-1. —Definitions Coastal Barrier Resources System (CBRS) means those 15 (CBRS) units in the county designated under the Federal Coastal Barrier Resources Act (CBRA) of 1982, comprising undeveloped coastal barriers and all associated aquatic habitats including wetlands, marshes, estuaries, inlets and near shore waters. Sec. 130-122. - Coastal barrier resources system overlay district. (a) Purpose. The purpose of the coastal barrier resources system overlay district is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands designated as a unit of the coastal barrier resources system. (b) Application. The coastal barrier resources system overlay district shall be overlaid on all areas, except for Stock Island, within federally designated boundaries of a coastal barrier resources system unit on current flood insurance rate maps approved by the Federal Emergency Management Agency, which are hereby adopted by reference and declared part of this chapter. Within this overlay district, the transmission and/or collection lines of the following types of public utilities shall be prohibited from extension or expansion: central wastewater treatment collection systems; potable water; electricity, and telephone and cable. This prohibition shall not preclude the maintenance and upgrading of existing public utilities in place on the effective date of the ordinance from which this section is derived and shall not apply to wastewater nutrient reduction cluster systems. (Code 1979, § 9.5-258; Ord. No. 43-2001, § 1) CHAPTER 2008-291 Attachment B Council Substitute for House Bill No. 1231 An act relating to the Key Largo Wastewater Treatment District, Monroe County; amending chapter 2002-337, Laws of Florida; pro- viding that the district is not subject to local regulations governing discharge of effluent and is not obligated to obtain licenses, permits, or authorizations required by local regulating agencies; requiring the district to provide the county with a notice of development; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) is added to section 3 of section 1 of chapter 2002- 337, Laws of Florida, to read: Section 3. District; creation, jurisdiction, and purpose. (6) The district shall comply with federal and state laws governing the construction and operation of its systems and the duality and manner of discharge of effluent but shall not be subject to local regulation over the duality and manner of discharge except as provided herein or to the extent that the district may by agreement with any other public or private body authorize the same to exercise authority over the projects of the district. The district shall not be obligated to obtain licenses, permits, or other authoriza- tions required by local regulating agencies for development but shall comply with the substantive regulations, other than permitting, of the appropriate local agency ency in effect at the time of district approval of the final plans for development. The district shall provide Monroe County with a Notice of Intent to Proceed that includes a description of any planned development and identifies the property no later than 30 days prior to the installation or construction of wastewater infrastructure or related facilities. Section 2. This act shall take effect upon becoming a law. Approved by the Governor June 30, 2008. Filed in Office Secretary of State June 30, 2008. CODING: Words are deletions; words underlined are additions. Attachment C OUNTY O MONROE IEY V'+JET FLC]F�IDA0 �305) 294-4641 Robert B. Shillinger, County Attorney** Pedro J. Mercado, Assistant County Attorney * * Susan M. Grimsley, Assistant County Attorney* * Natileene W. Cassel, Assistant County Attorney* * Cynthia L. Hall, Assistant County Attorney * * Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney Steven T. Williams, Assistant County Attorney * * Board Certified in City, County & Local Govt. Law BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem, Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 Office of the County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 (305) 292-3470 — Phone (305) 292-3516 — Fax To: Christine Hurley, Director, Growth Management Division Through: Robert B. Shillinger, County Attorney From: Lisa Granger, Assistant County Attorney Date: November 27, 2012 RE: Key Largo Wastewater Treatment District Proposed CR-905 Project QUESTION PRESENTED: Is the Key Largo Wastewater Treatment District (KLWTD) exempt from permitting regulations under the law and do certain individual property owners share that exemption? SHORT ANSWER: Yes, KLWTD is exempt from permitting regulations. However individual property owners are not exempt from permitting regulations. BACKGROUND: Under Chapter 2008-291, Laws of Florida, the legislature created an exemption from permitting obligations for KLWTD. While it is clear that KLWTD is exempt from permitting obligations, KLWTD "shall comply with the substantive regulations other than permitting of the appropriate local agency in effect at the time of district approval of the final plans for development." This means that KLWTD may have an obligation to comply with FEMA and FWS regulations. In the past, I<LWTD did apply for and receive opinion letters from FWS. However, Chapter 2008-291, Laws of Florida, does not contain any language that exempts individual property owners from permitting regulations. Asa result and pursuant to F.S. 381.00655(1)(a), the property owner must connect to the central sewer system within a definite number of days after the system is available. The definition of available as found in F.S. 381.0065 (2)(a), in pertinent part is "as applied to a publicly owned or investor -owned sewerage system, means that the publicly owned or investor - owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environment Protection moratorium, and has adequate permitted capacity to accept the sewerage to be generated by the establishment or residence...." Also Monroe County Code (MCC) § 20- 51 states that property owners must connect within 30 days after written notification that the system is available for connection. CONCLUSION: Based upon the above background the KLWTD is exempt from permitting regulations. Based upon the above background and the requirements in the Florida Building Code and MCC Chapter 6 wherein plumbing and electric work requires permits, the individual property owners are required to apply for permits within 30 days of written notification that the system is available for connection and are not exempt from permitting regulations. DRAFT Letter County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We strive to be caring, professional and fair November 27, 2012 Mrs. Margaret Blank, General Manager Key Largo Wastewater Treatment District Post Office Box 491 Key Largo, FL 33037 Re: Key Largo Wastewater Treatment District — CR-905 Project Dear Mrs. Blank: Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Heather Carruthers, Dist. 3 Danny Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 We appreciate your coordination efforts relative to the CR-905 improvement project, relative to the Coastal Barrier Resource System (CBRS) (see attachment 1). As we discussed the Growth Management Department was contacted by the press several weeks ago asking whether Key Largo Wastewater Treatment District (KLWTD) was extending wastewater infrastructure into a CBRS unit. We have subsequently been researching the details surrounding the improvements and the CBRS FL-35 unit. It is our understanding that the KLWTD service area is defined as the north end of the Florida Keys at the Dade County line (approximately: US 1 mile marker 124), extending south and westward to Tavernier Creek (approximately: US 1 mile marker 91) and including the properties to the east of US 1 along CR- 905 up to, but not including, the community of Ocean Reef. The area from mile marker 106.5 south to mile marker 91, are to be served by the central wastewater treatment plant located at mile marker 100.5. Additionally, your website indicates, the sparsely populated areas north and east of mile marker 106.5 would be served by a decentralized sewer system. It is our understanding, that the CR-905 improvements include the installation of a force main within the CR-905 right of way (ROW) with branch lines in the ROW of the local subdivision streets being served. The individual home owners will grant an easement to the KLWTD so that the KLWTD may install a low pressure lift station and a small force main on the individual private lots within the easement. This lift station will be connected to the KLWTD's force mains by KLWTD. The individual lift stations and its connecting force mains will be owned and maintained by the KLWTD even though it will be installed on private property. 1 Further, our understanding is the individual property owners will be responsible for connection of their house sanitary sewage line to the KLWTD's low pressure lift station as well as the decommission of any existing on -site wastewater system currently on their property (septic, aerobic, etc.). Finally, the homeowner will be responsible for the plumbing and electrical connection from the house to the lift station. If our understanding of the proposed CR-905 project is incorrect, please update us on the scope of the project and the specific details relative to the improvement project relative to the CBRS unit. In terms of permitting requirements, relative to the KLWTD's project, the Monroe County Attorney's Office has provided a legal opinion (see attachment 2) stating: 1) KLWTD installation of the lift stations on private property where the District has been granted an easement from the private property owner does not require a County permit; 2) the property owner's electrical connection to the KLWTD lift station will require a County permit; and 3) the property owner's plumbing connection to the KLWTD lift station will require a County permit. Specifically, the Assistant County Attorney has opined that the KLWTD is exempt from local permitting regulations pursuant to Chapter 2008-291, Laws of Florida (see attachment 3), for the installation of lift stations to be installed on private property where the District has been granted an easement from the private property owner. Additionally, as we discussed the CBRS designation "encourages the conservation of hurricane prone, biologically rich coastal barriers by restricting Federal expenditures that encourage development, such as Federal flood insurance." The CBRS areas are depicted on a series of maps entitled "John H. Chafee Coastal Barrier Resources System" which are maintained by the Department of the Interior through the Fish and Wildlife Service. Aside from three minor exceptions, only Congress has the authority to add or delete land from the CBRS and create new units. These exceptions include: (1) voluntary additions to the CBRS by property owners; (2) additions of excess Federal property to the CBRS; and (3) the CBRA 5- year review requirement that solely considers changes that have occurred to System units by natural forces such as erosion and accretion (see: http://www.fws.gov/cbra/Act/index.html). Additionally, the County has adopted the following Comprehensive Plan policies and Land Development Regulations which both discourage and prohibit the extension of utilities, within CBRS units. Adopted Monroe County Comprehensive Plan Policy 101.12.4 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new or the significant expansion (greater than 25 percent) of any existing public facility.. 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the alternative sites; and, 3. assessment of direct and secondary impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and designated Tier I areas. ON Except for passive recreational facilities on publicly -owned land, no new public community or utility facility other than water distribution and sewer collection lines or pump/vacuum/lift stations shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this requirement may be made to protect the public health, safety, and welfare, if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermajoriry of the Board of County Commissioners. The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this policy. Objective 102.8 Monroe County shall take actions to discourage private development in areas designated as units of the Coastal Barrier Resources System. Policy 102.8.1 Monroe County shall discourage developments which are proposed in units of Coastal Barrier Resources System (CBRS). Policy 102.8.2 Upon adoption of the Comprehensive Plan, Monroe County shall not create new access via new bridges, new causeways, new paved roads or new commercial marinas to or on units of the Coastal Barrier Resources System (CBRS). Policy 102.8.3 By January 4, 1997, shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. Policy 102.8.4 By January 4, 1998, privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes through the Monroe County Natural Heritage and Park Program. '�i�' Policy 102.8. S Monroe County shall [take] efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service to CBRS units. These efforts shall include providing each of the utility providers with: 1. a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units Policy 103.2.4 Upon adoption of the Comprehensive Plan, Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new public facilities or the significant expansion (greater than 25 percent) of existing public facilities: 1. assessment of needs 2. evaluation of alternative sites and design alternativesfor the selected sites; and 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and 3 within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall prohibit the location of public facilities on North Key Largo,unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. Policy 103.2.10 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barrier Resources System. (See Objective 102.8 and related policies.) GOAL 209 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. Objective 209.3 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barrier Resources System (CBRS). Policy 215.2.3 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Policy 217.4.2 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Policy 502.1. S Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe Harbor entrance channel from the system unit, FL 57. Policy 1301.7.12 By January 4, 1998, Monroe County shall initiate discussions with the FKAA and providers of electricity and telephone service to assess the measures which could be taken to discourage or prohibit extension of facilities and services to Coastal Barrier Resource Systems (CBRS) units. Policy 1401.2.2 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. Adopted Monroe County Land Development Regulations Sec. 101-1. —Definitions Coastal Barrier Resources System (CBRS) means those 15 (CBRS) units in the county designated under the Federal Coastal Barrier Resources Act (CBRA) of 1982, comprising undeveloped coastal barriers and all associated aquatic habitats including wetlands, marshes, estuaries, inlets and near shore waters. Sec. 130-122. -Coastal barrier resources system overlay district. (a) Purpose. The purpose of the coastal barrier resources system overlay district is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands designated as a unit of the coastal barrier resources system. (b) Application. The coastal barrier resources system overlay district shall be overlaid on all areas, except for Stock Island, within federally designated boundaries of a coastal barrier resources system unit on current flood insurance rate maps approved by the Federal Emergency Management Agency, which are hereby adopted by reference and declared part of this chapter. Within this overlay district, the transmission and/or collection lines of the following types oL public utilities shall be prohibited from extension or expansion: central wastewater treatment collection systems: potable water; electricity, and telephone and cable. This prohibition shall not preclude the maintenance and upgrading of existing public utilities in place on the effective date of the ordinance from which this section is derived and shall not apply to wastewater nutrient reduction cluster systems. (Code 1979, § 9.5-258; Ord. No. 43-2001, § 1) Based on this information, the adopted Comprehensive Plan Policies and Land Development Regulations, taken collectively, the County cannot issue building permits to individual property owners in order for them to connect their electric and plumbing to the KLWTD lift stations, within the CBRS unit FL-3 5 . This issue can only be resolved by the Board of County Commission directing and approving the processing of amendments to Comprehensive Plan Policies and Land Development Regulations relative to the extension or expansion of transmission and/or collection lines of utilities within CBRS units. We appreciate your continued coordination on this issue. Should you have any questions, please contact me at (305) 289-2523 and Schwab-townsley@monroecounty-fl.gov. Thank you. Townsley Schwab Senior Director of Planning & Environmental Resources Enclosures: 1) U.S. Fish and Wildlife Service CBRS map of North Key Largo Unit FL-35 2) Monroe County Attorneys Office Legal Opinion of KLWTD permitting requirements 3) Chapter 2008-291, Laws of Florida E cc: Board of County Commissioners (w/o enclosures) Bob Shillinger, County Attorney (w/o enclosures) Roman Gastesi, County Administrator (w/o enclosures) Christine Hurley, Growth Management Division Director (w/o enclosures) Jerry Smith, Building Official (w/o enclosures) �uc�tmen-�''-- 42grN 7 7 PA &rz wr rL-.sir EXCLUDED 01 FL-35. FL-36P lip LUD 01/ /r -Orr FL-35P r, FL-36 11i.1,0r_ A zy Yll FL-35 W. )L 1 7* 411 1; . Ir 7 FL-36P 44 MW d —I lrell e COASTAL BARRIER RESOURCES SYSTEM WSMpodmtmed by oeaAmeted NORTH KEY LARGO UNIT FL40/FL40P $od hme dWat uNs n ft CM& by CwW*" t to the GowtW BarrW kwovem"t =wPf 101-M MW dll!!�@!" ampe prepared by Me EL RADABOB KEY ?NIT FL-36P Do"ed WM depict 'odm"[Se protected we"' uridemelp closstal baffiera. The nW withIn the CBR9. These areas are shom Wwwho ddrA* of Uft m4p Is k*dk* to Seals 1.24,000 with the Letter 'P' fcffow4v the wit mwbw. that adopted by Cftgre" _142 I i 2 wim The bowd" d*Mm*m of thle nmp has bw 0 102 jm rw October 24, 1990 wnrded perviant to Slactlon I of P.L 103-40,t ti s 2 Karmum RavleW November Z W94 IC= Ell Attachment 2 OUNTY O MONROE IEY V'+JET FLC]F�IDA0 �305) 294-4641 Robert B. Shillinger, County Attorney** Pedro J. Mercado, Assistant County Attorney * * Susan M. Grimsley, Assistant County Attorney* * Natileene W. Cassel, Assistant County Attorney* * Cynthia L. Hall, Assistant County Attorney * * Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney Steven T. Williams, Assistant County Attorney * * Board Certified in City, County & Local Govt. Law BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem, Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 Office of the County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 (305) 292-3470 — Phone (305) 292-3516 — Fax To: Christine Hurley, Director, Growth Management Division Through: Robert B. Shillinger, County Attorney From: Lisa Granger, Assistant County Attorney Date: November 27, 2012 RE: Key Largo Wastewater Treatment District Proposed CR-905 Project QUESTION PRESENTED: Is the Key Largo Wastewater Treatment District (KLWTD) exempt from permitting regulations under the law and do certain individual property owners share that exemption? SHORT ANSWER: Yes, KLWTD is exempt from permitting regulations. However individual property owners are not exempt from permitting regulations. BACKGROUND: Under Chapter 2008-291, Laws of Florida, the legislature created an exemption from permitting obligations for KLWTD. While it is clear that KLWTD is exempt from permitting obligations, KLWTD "shall comply with the substantive regulations other than permitting of the appropriate local agency in effect at the time of district approval of the final plans for development." This means that KLWTD may have an obligation to comply with FEMA and FWS regulations. In the past, I<LWTD did apply for and receive opinion letters from FWS. However, Chapter 2008-291, Laws of Florida, does not contain any language that exempts individual property owners from permitting regulations. Asa result and pursuant to F.S. 381.00655(1)(a), the property owner must connect to the central sewer system within a definite number of days after the system is available. The definition of available as found in F.S. 381.0065 (2)(a), in pertinent part is "as applied to a publicly owned or investor -owned sewerage system, means that the publicly owned or investor - owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environment Protection moratorium, and has adequate permitted capacity to accept the sewerage to be generated by the establishment or residence...." Also Monroe County Code (MCC) § 20- 51 states that property owners must connect within 30 days after written notification that the system is available for connection. CONCLUSION: Based upon the above background the KLWTD is exempt from permitting regulations. Based upon the above background and the requirements in the Florida Building Code and MCC Chapter 6 wherein plumbing and electric work requires permits, the individual property owners are required to apply for permits within 30 days of written notification that the system is available for connection and are not exempt from permitting regulations. CHAPTER 2008-291 Attachment 3 Council Substitute for House Bill No. 1231 An act relating to the Key Largo Wastewater Treatment District, Monroe County; amending chapter 2002-337, Laws of Florida; pro- viding that the district is not subject to local regulations governing discharge of effluent and is not obligated to obtain licenses, permits, or authorizations required by local regulating agencies; requiring the district to provide the county with a notice of development; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) is added to section 3 of section 1 of chapter 2002- 337, Laws of Florida, to read: Section 3. District; creation, jurisdiction, and purpose. (6) The district shall comply with federal and state laws governing the construction and operation of its systems and the duality and manner of discharge of effluent but shall not be subject to local regulation over the duality and manner of discharge except as provided herein or to the extent that the district may by agreement with any other public or private body authorize the same to exercise authority over the projects of the district. The district shall not be obligated to obtain licenses, permits, or other authoriza- tions required by local regulating agencies for development but shall comply with the substantive regulations, other than permitting, of the appropriate local agency ency in effect at the time of district approval of the final plans for development. The district shall provide Monroe County with a Notice of Intent to Proceed that includes a description of any planned development and identifies the property no later than 30 days prior to the installation or construction of wastewater infrastructure or related facilities. Section 2. This act shall take effect upon becoming a law. Approved by the Governor June 30, 2008. Filed in Office Secretary of State June 30, 2008. CODING: Words are deletions; words underlined are additions. a M J � LL > J in p W > Z p J � > m J Q m CO � W W Cl) J J LU J � _ Q J fAOC \ Q V � QI LL w o O � Z LL a O a � M \� J LL so s 0 o v �w Q O � V >`C �Z W W y o v � a21 OJ21b�� y Z �Q. 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