§ 27-199. Application requirements and conditions.

All design plans, specifications, and reports must be signed and sealed prior to submittal by a professional engineer registered in the State of Florida.

(a)

Domestic wastewater: All wastewater discharges shall meet the standards embodied in Subsection 27-196(a) or (b), as applicable, or as required in Chapter 62-600, F.A.C., as amended, except as provided in this Section.

(1)

Sanitary sewer collection/transmission systems:

a.

Application procedures:

1.

An application for sanitary sewage collection/transmission system licenses shall be on the forms supplied by EPGMD in triplicate and be accompanied by one (1) set of engineering drawings, specifications, and design data as prepared, signed, and sealed by a designated engineer that describe the systems and show that they have been designed according to sound engineering practices and this article.

2.

An application must include 8½″ × 11″ site plan showing lot and block numbers delineating all boundaries of the project.

3.

Each application must be accompanied by proper filing fee and fee calculation worksheet. A separate fee is required for each noncontiguous collection/transmission system project.

4.

The fee shall be paid by check, payable to the Broward County Board of County Commissioners and is non-refundable.

a)

When an application is received without the required fee, the EPGMD shall acknowledge receipt of the application and shall immediately notify the applicant by mail that the required fee was not received and advise the applicant of the correct fee. The EPGMD shall take no further action until the correct fee is received. If a fee was received by the EPGMD which is less than the amount required, the EPGMD shall return the fee along with written notification.

b)

Upon receipt of the proper application fee, the license processing time requirements of this section shall apply.

c)

If the applicant does not submit the required fee within ten days of receipt of written notification, the EPGMD shall either return the unprocessed application or arrange with the applicant for the pickup of the application.

d)

If the applicant submits an application fee in excess of the required fee, the license processing time requirements shall begin upon receipt, and the EPGMD shall refund to the applicant the amount received in excess of the required fee.

5.

Any substantial modifications to a complete application shall require an additional processing fee and shall restart the time requirements. The term "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review.

6.

Modifications to existing licenses proposed by the licensee which require substantial changes in the existing license or require substantial evaluation by the EPGMD of potential impacts of the proposed modifications shall require the same fee as a new application for the same time duration except for modifications under Subsection 62-4.050(4)(s), F.A.C., as amended.

7.

Extensions of licenses will be granted for periods up to five (5) years from the original issue date. Requests for extensions must be received at the EPGMD office prior to expiration accompanied by the appropriate fee. Requests received after the expiration date of the existing license will be denied and a new application along with the appropriate fees will be required.

8.

Time requirements for construction licenses:

a)

Within thirty (30) days after receipt of an application for a license and the correct processing fee, EPGMD shall review the application and shall request submittal of additional information which EPGMD is authorized by law to request.

b)

If the applicant believes any EPGMD request for additional information is not authorized by law or rule, the applicant may request a hearing.

c)

Within thirty (30) days after receipt of such additional information, EPGMD shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.

d)

If the applicant believes the request of EPGMD for such additional information is not authorized by law or rule, EPGMD, at the applicant's request, shall begin to process the license application. Such a request by the applicant shall be in writing and shall be clearly labeled as a request for EPGMD to process the application. The applicant's request shall state the reasons why the applicant believes EPGMD's request for additional information is not authorized by law or rule. The applicant shall clearly state that the applicant requests EPGMD to process the application without that information. The applicant's request shall be submitted to the EPGMD office which made the request.

e)

Licenses shall be approved or denied within ninety (90) days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the license application, whichever occurs last.

b.

Operation & maintenance:

1.

A collection/transmission system shall not be placed into operation without prior approval of EPGMD.

2.

All collection/transmission systems shall be operated and maintained so as to provide uninterrupted service as required by this Article.

3.

All necessary equipment and facilities for the collection/transmission of domestic wastewater shall be maintained so as to function as intended. Substantial deviation from the approved design plans and specifications in operation & maintenance of the facilities shall not be implemented without consulting and receiving the approval of the deviations from EPGMD. In the event odor, noise, or lighting adversely affects neighboring developed areas at levels prohibited by this article, corrective action (which may include modifications of the collection/transmission system) shall be taken by the licensee. Other corrective action may be required to ensure compliance with the articles.

4.

Copies of record drawings and the approved operation and performance manual shall be kept available at a site acceptable to EPGMD for use by operation and maintenance personnel and for inspection by EPGMD personnel.

5.

Operation and maintenance manual:

a)

An operation and maintenance manual for domestic wastewater collection/trans-mission systems shall be submitted as part of the application process. EPGMD may accept written certification by the licensee that an appropriate manual is available in lieu of actual submittal. The manual shall provide for the reliable and efficient operation and maintenance.

b)

A copy of this manual shall be provided to the person(s) responsible for operation and maintenance of the system by the party who received the construction or general license. The manual shall be available for reference at an approved site. The licensee shall maintain at least one copy of the approved manual.

c.

Certification of completion:

1.

Approval is required prior to placing new systems or modifications of existing wastewater collection/transmission systems into operation.

2.

The licensee or his/her engineer of record shall file with EPGMD upon completion of work a copy of the plans and specifications for the system record drawing, the appropriate review fee, and a completed Domestic Wastewater Collection/Transmission Systems Certification of Completion form.

3.

The record drawings furnished shall be signed and sealed by a professional engineer registered in the State of Florida and shall include information that identifies, at a minimum, substantial deviations referenced in the certification of completion of construction that have occurred since the construction license was issued.

4.

Written certifications on the above referenced form showing the responsible operation and maintenance authority (if other than the licensee), stating that record drawings and appropriate operation and maintenance manual are available at a specified location.

5.

Written certifications on the above referenced form:

a)

The licensee or the responsible operation and maintenance authority (if other than the licensee) agree to properly operate and maintain the facilities.

b)

The responsible authority (if any), who operates and maintains the wastewater facility to which the completed system is directly connected, stating that the connection(s) have been satisfactorily completed.

6.

Record drawings should be submitted prior to paving over trenches. However, if paving of roads, pouring of sidewalks, or planting and landscaping is done prior to record drawing approval, it shall not relieve the licensee from the responsibility for making corrections to the sewer as required by EPGMD.

7.

In staff's review of record drawing, a deviation from design slopes of -10% shall be considered. In addition, a tolerance of 3/8 ″ shall be considered in underground utility access portal invert elevations. Where the allowed underground utility access portal deviation from design creates slopes no flatter than the -10% normally allowed, that flatter slope shall be considered. No further deviations from design slopes, regardless of how slight, shall be considered.

8.

EPGMD shall have the authority to authorize the approval of construction plans and acceptance of record drawings which do not conform with the above criteria if the conditions justify that the deviation and resulting wastewater collection system will function satisfactorily. It shall be the responsibility of the designing engineer to provide adequate justification to EPGMD for the requested deviation from the approved criteria.

d.

License conditions for License to Construct a Wastewater Collection/Transmission System:

1.

A License to Construct a Wastewater Collection/Transmission System (general construction license) is a license issued by rule pursuant to § 403.814(1), F.S. which authorizes persons to undertake certain activities which cause minimal adverse environmental impact when performed in accordance with specific requirements and practices set forth in the general license.

2.

A proposed project which may be reasonably expected to violate water quality standards or drinking water standards or which will not meet the public interest requirements set forth in Chapter 403, F.S. shall not be entitled to receive a construction license.

3.

A construction license is granted to any person for the construction of a wastewater collection system that has been designed in accordance with the standards and criteria set forth in this Article, provided that:

a)

The applicant submits the approved EPGMD application form and required drawings and specifications;

b)

The wastewater treatment facility is not under a moratorium of any kind; and

c)

The wastewater treatment facility to which the system will be connected has the capacity to receive the wastewater generated by the proposed collection system, and will continue to operate in compliance with Chapter 62-600, F.A.C.

4.

Persons wishing to receive a construction license shall, at least thirty (30) days before beginning any work, apply to EPGMD in writing. They shall describe the proposed project, and include any supporting documentation as necessary depicting the proposed project and site plan, its location, and other pertinent information as required to demonstrate that they comply with the requirements for the requested construction license. Persons wishing to receive the construction license are hereby placed on notice that projects undertaken without proof of notice to EPGMD shall be considered as being undertaken without a license and shall be subject to enforcement pursuant to this code. All applications submitted to the EPGMD will be accompanied by the appropriate filing fee and fee calculation worksheet. Unless otherwise required, persons qualifying for a construction license, are not required to, but may publish in a newspaper of general circulation in the area affected by the proposed project a notice of intent to obtain a construction license. The notice, if published, shall follow substantially the format in Rule 62-103.150, F.A.C., and shall be published within fourteen (14) days of the date when EPGMD receives notification pursuant to Rule 62-4.530(1), F.A.C. No person who has published notice shall begin work until after the twenty-one (21) days for requesting a hearing has passed or a hearing is held and a decision is rendered.

5.

Any person complying with the requirements of a general license may use the license thirty (30) days after giving notice to the EPGMD without any agency action. When no agency action is taken, unless the EPGMD or the applicant publishes notice of the application, the provisions of Chapter 120, F.S. granting to affected parties the right to an administrative hearing do not apply.

6.

Suspension or revocation of the use of a construction license shall be in accordance with Section 27-63 of this Article.

e.

License conditions for License to Construct a Wastewater Collection/Transmission System-Specific Circumstances:

1.

A License to Construct a Wastewater Collection/Transmission System - Specific Circumstances (specific construction license) is the legal authorization granted by the EPGMD to construct, expand, modify, or make alterations to any installation and to temporarily operate and test such new or modified installations.

2.

For collection/transmission systems involving innovative design or for collection systems having features not complying with the design/performance criteria in this Rule for a construction license, a specific construction license will be required. Licensees shall comply with applicable design/performance criteria contained in this Rule as part of the licensing standards.

3.

Approval is required prior to placing new systems or modifications of existing systems into operation. The licensee or his or her engineer of record shall file with the EPGMD upon completion of work a copy of the plans and specifications for the certified system in accordance with the requirements of this Section.

4.

Any person desiring to obtain a specific construction license from the EPGMD shall apply on the forms prescribed by the EPGMD and shall submit such additional information as the EPGMD may require.

5.

To ensure protection of public health, safety, and welfare, any construction, modification, or operation of an installation which may be a source of pollution, or of a public drinking water supply, shall be in accordance with sound professional engineering practices pursuant to Chapter 471, F.S.

(2)

Wastewater treatment plants:

a.

Application procedures: Application for a wastewater treatment plant license shall be on the forms supplied and be accompanied by:

1.

For construction phase of the license: Drawings and other documents which describe the configuration of the facility shall show that it has been designed to provide treatment that will result in effluent that consistently meets the effluent standards in Section 27-196 and designed generally in accordance with the Water Environment Federation, Design of Municipal Wastewater Treatment Plants - MOP 8, 4 ^th Edition, 1998, the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, Recommended Standards for Wastewater Facilities, 1998 and 2004 Editions, or similar professional publications, as applicable to conditions prevailing within Broward County, in accordance with sound engineering practices and Chapter 62-600, F.A.C., as amended.

2.

For operation phase of the license: A description of the facility and its operation.

b.

License conditions:

1.

The licensee shall take measures to prevent unauthorized entry to the facilities.

2.

It shall be required that operating facilities meet the effluent standards in Section 27-196; and if disposing by percolation ponds or drain fields, effluent must meet the standards in Section 27-196(b), except:

a)

Those that discharge their effluent to the ocean through outfalls permitted and/or approved by State of Florida and/or federal agencies.

b)

Those wastewater treatment plants that discharge their effluent by deep well injection, as approved by the State of Florida.

3.

It shall be required that facilities be constructed and operated as licensed. Operators shall be certified as required by the state.

4.

It shall be required that the owner shall report nonconforming operation as described in this regulation.

5.

Suspension of service: Prior to taking a wastewater treatment plant out of service for any period longer than fourteen (14) days, the owner shall notify the County in writing and provide the following:

a)

A program to de-water, clean and disinfect the facility.

b)

A program to dispose of residual wastewater and sludge.

c)

A program to prevent accumulation of stormwater in any remaining facilities.

d)

A program to prevent unauthorized entry to the facility if any part of the facility is to remain.

(3)

Reuse distribution/application systems:

a.

Application procedures: Application for a License to Construct/Operate a Reuse Application System shall be on the forms supplied by the EPGMD and be accompanied by:

1.

A copy of the application and engineering report as required by Rule 62-610.310, F.A.C., which is incorporated by reference and in effect at the time of adoption of this Article, and any additional information requested by the EPGMD.

2.

Interaction between stormwater management system and reuse system using storage ponds, holding ponds, or discharging to wetlands and waters of the state.

3.

Each application must be accompanied by the proper fee, paid by check, made out to the Broward County Board of County Commissioners and is nonrefundable.

b.

License conditions:

1.

Upon issuance of the license, an applicant may begin construction of application and distribution system.

2.

The licensee shall obtain written approval, in the form of a letter, from EPGMD prior to placing a reuse system into operation. To obtain approval, the following items shall be submitted:

a)

Completion of certification of substantial completion of construction prepared by the project design engineer. The engineer shall certify that the system has been constructed substantially in accordance with the reuse construction/operation license or that deviations will not prevent the system from functioning in compliance with the requirements of these provisions.

b)

For all slow-rate land applications, agreements to accept reclaimed water and/or local ordinance requiring acceptance. For all other application systems, binding agreements for projects involving discharge of reclaimed water or effluent onto property not owned or under the direct control of the licensee.

c)

All reports, schedules, and documentation required by Rule 62-610.320, F.A.C., shall be submitted to EPGMD utilizing a similar format and time requirements.

3.

The operation phase of the license shall be valid for a period no longer than three (3) years.

4.

A new license or modification of the existing license shall be required for:

a)

Expansion of the distribution system outside of the area designated in an existing license;

b)

Addition of new major users (greater than 0.1 mgd) not identified in the existing license and/or if the licensee requests that the licensed capacity of the reuse system be increased.

5.

Reporting requirements shall be according to Rules 62-610.870 (1) and (3) (a), (c), and (d) only, F.A.C. Reports shall be delivered or mailed to the EPGMD on or before January 1 of each year.

(b)

Non-domestic wastewater—License to Operate Direct Discharge from Non-Domestic Activity:

(1)

Renewal of direct discharge license: An application shall meet the requirements of section 27-60 and shall include:

a.

Drawings, sketches, or other documents that describe the facility.

b.

A statement of the number of hours the facility operates per day and the average daily volume of effluent discharged.

c.

A description of any wastewater treatment used.

d.

Effluent test results showing concentrations of pollutants, unless submitted monthly as per current permit conditions.

e.

A sketch showing the design and location of the effluent disposal method.

(2)

License conditions:

a.

Effluent test results, as required by the license, shall be reported to the county.

b.

Monitoring wells may be required if applicable.

(c)

Surface water management: The applicant may be required to post a bond for those portions of the work which impact publicly owned property or surface water management works, or those portions of the work which, if partially constructed or improperly constructed, would create an adverse surface water management impact.

(1)

Applicant:

a.

Construction phase of the license: The applicant shall be the property owner. Persons making application for the property owner shall show evidence of authority to sign for the property owner.

b.

Operation phase of the license: An operation license shall only be issued to a responsible entity acceptable to EPGMD which has been established and has agreed to maintain and operate the system. The following entities are acceptable as responsible entities:

1.

Local governmental units, including counties or municipalities, or municipal service taxing units.

2.

Chapter 298, F.S., Active water control districts or drainage districts; or Chapter 190, F.S., community development districts; independent districts created by special act of the legislature; or Chapter 170, F.S., special assessment districts.

3.

Nonprofit corporations, including homeowners associations, property owners associations, condominium owners associations, or master associations.

a)

Association requirements:

1)

If a homeowners or property owners association or master association is proposed, the licensee must submit the 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. After these are approved, the licensee must furnish the certificate of incorporation and the recording information (official book and page number) for the declaration. A recorded copy of the declaration and associated exhibits shall be submitted no later than at the time of the construction completion/construction certification submittal.

2)

If a condominium association is proposed, the licensee must supply the articles of incorporation for the condominium association, and declaration of condominium. After the documents are approved, it will be necessary for the licensee to forward a copy of the letter from the Department of Business Regulation, Bureau of Condominiums, stating that the documents are proper for filing. A recorded copy of the condominium documents shall be submitted no later than at the time of the construction completion/construction certification submittal.

3)

The association, be it either a nonprofit association or a condominium association, must comply with the applicable provisions of Florida Statutes, specifically Chpaters 617 and 718, F.S.

4)

The association must have the following general powers which are reflected in the articles of incorporation:

(aa)

Own and convey property.

(bb)

Operate and maintain common property, specifically the surface water management system, as permitted by the SFWMD, South Broward Drainage District and/or licensed by the County including all lakes, retention areas, culverts and related appurtenances.

(cc)

Establish rules and regulations.

(dd)

Assess members and enforce said assessments.

(ee)

Sue and be sued.

(ff)

Contract for services (if the association contemplates employing a maintenance company) to provide the services for operation and maintenance.

(gg)

The association must have as members all the homeowners, lot owners, property owners or unit owners.

(hh)

The association shall exist in perpetuity; however, if the association is dissolved, the articles of incorporation must provide that the property consisting of the surface water management systems shall be conveyed to an appropriate agency of local government; if it is not accepted, then the surface water management system must be dedicated to a similar nonprofit corporation.

(ii)

All other powers necessary for the purpose for which the association is organized.

5)

The declaration of protective covenants, deed restrictions or declaration of condominium must set forth the following:

(aa)

That it is the responsibility of the association to operate and maintain the surface water management system in accordance with the license conditions.

(bb)

The surface water management system is owned by the association or described therein as common property.

(cc)

That there be a method of assessing and collecting the assessment for operation and maintenance of the surface water management system.

(dd)

That any amendment which would affect the surface water management system, including the environmental conservation areas and water management portions of the common areas, must have the prior approval of EPGMD.

(ee)

That the declaration of covenants be in effect for at least twenty-five (25) years with automatic renewal periods thereafter.

(ff)

If wetlands mitigation monitoring will be required and the operational entity will be responsible to carry out this obligation, the declaration of covenants shall state that it will be the association's responsibility to complete the task successfully, including meeting all conditions in the wetlands license associated with mitigation maintenance and monitoring.

(gg)

The surface water management license and its conditions shall be attached to the declaration of covenants as an exhibit. The registered agent for the association shall maintain copies of all further licensing actions for the benefit of the association.

4.

The property owner or developer, as licensee, is normally not acceptable as a responsible entity especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one of the following circumstances:

(i)

The property is wholly owned by said licensee and is intended to be so retained. This would apply to a farm, corporate office or single industrial facility for example.

(ii)

The ownership of the property is retained by the licensee and is either leased to third parties, such as in some shopping centers, or rented to third parties, such as in some mobile home parks, for example.

5.

To satisfy the requirement, the licensee must provide written documentation. If the entity is a governmental unit, the licensee must supply written proof in the appropriate form by either letter or resolution, that the governmental entity will accept the operation and maintenance of all of the surface water management system including lakes, easements, etc., prior to license approval. If the project is within a local water control district, a letter of approval and/or acceptance of discharges is to be submitted. Early coordination with the local district is encouraged. For class I and II solid waste sites, the entity will be responsible for perpetual maintenance of the surface water management system after closure of the facility.

6.

Draft association documents must be submitted with the original application so they may be reviewed and approved prior to construction. It is advised that the documents be submitted prior to recording to allow comment by EPGMD. Modification of these requirements 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 developer; or

b)

The uniqueness of the project requiring an alternative entity. Such alternative entity must be evaluated upon an individual basis with any and all necessary agreements or easements in effect before approval will be given.

(2)

Application:

a.

General:

1.

Submittals:

a)

The surface water management application shall be submitted in duplicate.

b)

The applicable license fee must be submitted with the application.

c)

Three (3) copies (unless additional copies are requested by EPGMD) of all plans shall be submitted with the application.

d)

Two (2) copies of all other information shall be submitted.

e)

The required application documents and contents thereof can be modified for processing and record keeping purposes.

b.

Contents of the license application: Application for a surface water management license shall be on an approved form provided by EPGMD and shall contain the following information:

1.

Name and address of the property owner.

2.

Name and address of the developer.

3.

Name and address of the person who will be responsible for the construction of the proposed works.

4.

Name and address of the person who prepared the plans and specifications.

5.

Name and address of the proposed responsible entity.

6.

A description of the proposed project including:

a)

Location.

b)

Total acreage.

c)

Number of dwelling units or square feet of commercial area.

d)

Evidence from local government verifying land use and zoning compatibility.

e)

Proposed minimum road crown elevations and flood elevations.

7.

A description of the surface water management system to be constructed or altered, including:

a)

Acreage of impervious cover.

b)

Acreage of water management area.

8.

The date on which construction or alteration is expected to commence.

9.

Drawings, calculations and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed.

10.

Site information, including:

a)

Detailed location sketch.

b)

Topographic map (with contours) of the site and adjacent hydrologically related areas (minimum of one hundred (100) feet from project boundaries), which shall include location and description of bench marks (minimum of one (1) per major water control structure).

c)

Overall map of the area showing where runoff presently goes and size, location, topography and land use of off-site areas which drain through, onto, and from the project.

d)

Identification of existing seasonal water table elevations. Submit supporting information such as soil borings taken during a normal wet season, detailed soil profile descriptions, documenting normal wet season water table indications, water monitoring conducted throughout a normal wet season, or supporting data from U. S. Geologic Survey (U.S.G.S.) or Florida Geologic Survey (FGS) wells. If the project is in the known floodway of a natural stream, it should be identified and approximate flooding depths determined. The 100-year floodplain elevations and limits should be identified if applicable.

e)

Description of vegetative cover. Wetland areas including the Wetlands Benefit Index value, if known, and preservation or mitigation proposal should be identified.

f)

Paving, grading and drainage plans, with special attention to perimeter site grading.

g)

Percolation tests must be submitted if percolation or exfiltration systems are proposed. Percolation tests shall be representative of design conditions.

h)

Complete description of measures to be implemented during the construction period to mitigate adverse quantity and quality impacts off-site.

i)

Indication of whether surface or ground water withdrawals are proposed for irrigation or other on-site water use.

j)

Identification of potable water and wastewater facilities. If information concerning these facilities is not available, the applicant for a surface water management license may be requested to furnish information on how such services are to be provided. If wastewater disposal is accomplished on-site, additional information will normally be requested regarding separation of waste and storm systems.

11.

Master drainage plan showing:

a)

Location of all water bodies and wetlands with details of size, side slopes, elevations and depths.

b)

Location and details of all major water control structures. Control elevations of the control structures must be included along with any seasonal water level regulation schedules.

c)

Drainage basin boundaries showing direction of flow, taking into account off-site runoff being routed through or around the project.

d)

Locations of roads, rights-of-way and buildings along with their proposed elevations. Sufficient site grades to justify the proposed stage-storage curves.

e)

Right-of-way and easement locations for the drainage system, including all areas to be reserved for water management purposes, with a draft copy of the document of the legal method to be utilized.

f)

Location and size of internal minor water management facilities.

g)

Existing off-site water management facilities such as wells, lakes, wetlands etc., which might be affected by the proposed construction or development. The names and addresses of the owners of such facilities should also be submitted.

12.

Drainage calculations, including:

a)

Design storms used, including depth, duration and distribution.

b)

Off-site inflows.

c)

Stage-storage computations for the project and stage-discharge computations for the outfall structure(s).

d)

Acreage and percentages of property proposed as:

1)

Impervious surfaces (excluding water bodies).

2)

Pervious surfaces (green areas).

3)

Lakes, canals, retention areas, etc.

4)

Total acreage of project.

e)

Runoff routing calculations showing discharges, elevations and volumes retained and/or detained during applicable storm events. Included should be the necessary mathematical computations to demonstrate that the proposed development will not remove net storage from the basin for events up to the 100-year frequency.

f)

Calculations required for determination of minimum building floor and road elevations.

g)

Calculations which demonstrate compensation for floodplain encroachment, if applicable.

13.

Legal and institutional information, including:

a)

The entity responsible for operation and maintenance of the water management system.

b)

If the operation and maintenance entity is to be a public body such as a city or drainage district, a binding document of acceptance from the public body must be submitted prior to issuance of the surface water management license. If the entity is a homeowners association, then documents verifying the existence of such an organization and its ability to accept operation and maintenance responsibility must be submitted prior to commencement of construction (assuming the license is issued). If the project is within a local water control district, a letter of approval and/or acceptance of discharges by that district must be submitted. If the project contains a golf course, the owner/operator must be a member of the association. Association documents must reflect this.

c)

Potable water and wastewater facilities must be identified. Letters of commitment from off-site suppliers must be included.

d)

The status of all other government agency approvals required, indicating if site plan and/or subdivision approval has been granted, final plats have been recorded, building or construction permits/ licenses have been issued, special exemption or re-zoning approvals have been granted, or if DEP, U.S. Army Corps of Engineers, or other permits/licenses have been issued.

e)

Evidence from the appropriate local government of compatible density and classification under the local government's comprehensive plan and/or zoning code (i.e., zoning resolution, local government development order (DO), letter from local government, etc.). If not specified in the resolution, letter, etc., include the number of proposed dwelling units and/or the square footage of commercial, industrial or other uses and the allowable number of dwelling units and/or square footage under the approved zoning classification.

f)

If the project is a development of regional impact, include a copy of the final approved DO. If a preliminary development agreement has been signed with the Florida Department of Community Affairs (DCA) to allow a portion of the DRI to proceed prior to the issuance of a DO, provide a copy. If the DRI application is being filed concurrently with a request for conceptual agency review and/or local government's comprehensive plan amendment, indicate the status under the DRI process and, if appropriate, include a copy of comprehensive plan amendment application.

g)

A copy of a boundary survey signed and sealed by a Florida registered professional land surveyor, and a copy of the recorded deed or affidavit of ownership. If the applicant is a contractual buyer, ownership documentation from the seller must be provided. The license will be issued in the current owner's name and the buyer must request a license transfer when a recorded copy of the deed is available.

h)

Documentation of legal and physical availability of receiving water system to receive project discharge if such is not evident.

i)

Copies of preliminary plats, deed restrictions and conservation easements.

j)

The status of any acquisition efforts by federal, State of Florida, or local agencies and with which acquisition program the project is currently listed.

14.

Such other information as is reasonably necessary for EPGMD to determine that the water management works meets the conditions of this Chapter and applicable state statutes.

c.

Phased projects:

1.

General: An application for conceptual approval of the total comprehensive drainage plan or a copy of an SFWMD approved conceptual comprehensive drainage plan must be submitted first when construction is to be phased. An application for construction approval of the first phase may also be included as a part of the initial application. As the licensee desires to construct additional phases, these approvals would be included as modifications to the original license.

2.

Individual project phase review: Applications for individual project phases, where no conceptual approval has been obtained, may be considered only when the phases are totally independent of, or make sufficient provisions for, adjacent lands.

(3)

Application for conceptual approval:

a.

Application requirements: An application for a letter of conceptual approval will be treated the same as an application for a surface water management license for construction or operation of a surface water management works. Application requirements are as prescribed in section 27-199 except that the information required in sections 27-199(c)(2)b.10.b) and h) and 11.e) and f) of this Article are not necessary.

b.

Phased projects: In addition to the requirements of this subsection, applications for a letter of conceptual approval for phased projects pursuant to the procedure for obtaining conceptual agency review as defined in § 380.06(9)(a)2, F.S. shall include the application for an ADA filed with the SFRPC.

c.

Completeness: In the case of an application for a letter of conceptual approval which is filed concurrent with an ADA for a DRI, the application shall not be deemed complete until SFRPC has determined that the ADA is sufficient.

(4)

Requirements to obtain a general license: No project is generally licensed unless the applicant, a minimum of ten (10) days prior to beginning work, provides the County with three sets of drainage and pavement plans and details and a brief written description of the project which shall include why the applicant believes that the project should be generally licensed. This notification should include information that demonstrates that the project will not adversely affect:

a.

Flood protection and drainage.

b.

Water quality and quantity impacts on receiving waters and adjacent lands regulated pursuant to Chapter 373, F.S.

c.

Surface waters of the State of Florida, or cause any violation of the standards and criteria of Chapter 62-302, F.A.C.

d.

Surface water and ground water levels and flows.

e.

Health and safety of the general public.

f.

Wetlands and/or create a violation of Article XI of this Chapter.

g.

It should also include information showing that the project meets any applicable basin criteria in Chapter 40E-41, F.A.C., and will not be otherwise harmful to the water resources of the County or state and will not interfere with legal rights of others.

(5)

License conditions:

a.

Specific conditions: In addition to the general license conditions set out in Article I of this Chapter, every surface water management license issued by the Water Resources Division shall be subject to the applicable specific conditions which follow:

1.

The licensee shall allow authorized personnel of the County, municipality or local water control district to conduct such inspections at reasonable hours, as are necessary to determine compliance with the requirements of the license and the approved plans and specifications.

2.

The responsible entity shall agree to maintain the operating efficiency of the water management works. Except in cases where the responsible entity is a governmental agency, the agreement shall further require that if the water management works is not adequately maintained, the county may undertake the required work and bill all associated costs to the responsible entity. If the payment for such obligations is not satisfied within thirty (30) days, said obligation shall become a lien against the property associated with the water management works. Where ownership of the water management works is separate from property ownership, the Water Resources Division shall require these agreements to be recorded.

3.

The licensee shall execute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The licensee shall institute necessary measures during the construction period, including fill compaction of any fill material placed around newly installed structures, to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters. Any erosion, shoaling or deleterious discharges due to licensee's actions will be corrected promptly at no expense to the county.

4.

The licensee shall comply with all applicable local subdivision regulations and other local requirements. In addition, the licensee shall obtain all necessary federal, state, or local special district authorizations prior to the start of any construction or alteration of works authorized by this license.

5.

Off-site discharges during construction and development shall be made only through the facilities authorized by this license. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream water stages. Stages may be subject to operating schedules satisfactory to the appropriate regulatory agency.

6.

Hold the Water Resources Division harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the license.

7.

The license does not convey property rights nor any rights or privileges other than those specified therein.

8.

No construction authorized by the license shall commence until a responsible entity, acceptable to the Water Resources Division, has been established and has agreed to operate and maintain the efficiency of the system. The entity must be provided with sufficient ownership so that it has control over all water management facilities authorized therein. Upon receipt of written evidence of the satisfaction of this condition, the Water Resources Division will issue authorization to commence the construction.

9.

No beautification or erection of any structure that will prohibit or limit access of maintenance equipment or vehicles in the right-of-way or easements will be allowed.

10.

Any license which grants any entity the permission to place a structure on property which is owned by Broward County or upon which Broward County has an easement shall be construed to create a revocable license for that structure to remain on the property. Broward County may require removal of such a structure at no cost to the county whenever its continued existence becomes detrimental to the health, safety and welfare of Broward County.

11.

The area under license will be maintained in a safe and operating condition at all times. Equipment will be promptly removed from the right-of-way or easement, and the right-of-way or easement will be restored to at least its original condition within a reasonable time on termination of the authorized use.

12.

The Water Resources Division will be notified, as required in the license or as indicated on the approved plans, to coordinate and schedule inspections.

13.

The operation or construction will be in accordance with the approved details and plans submitted with the application. Any modifications must be submitted to Water Resources Division in writing and receive prior approval.

14.

Monitoring may be required for sites with high pollutant generating potential, such as industrial sites, class I and II solid waste disposal sites, and projects discharging to areas identified in Section 27-200(b)(1)o. Such monitoring will be under the cognizance of Water Resources Division.

15.

Upon completion of the construction of a surface water management system or phase thereof licensed by the Water Resources Division, it is a requirement of the issuance of the license, and hence transfer of operation and maintenance responsibility, that a Florida registered professional engineer certify that the surface water management system was indeed constructed as licensed. Certified record drawings shall accompany the certification. Suggested wording for this is as follows:

 I HEREBY CERTIFY TO THE CONSTRUCTION COMPLETION OF ALL THE COMPONENTS OF THE SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND THAT THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE BROWARD COUNTY WATER RESOURCES DIVISION, AND HEREBY AFFIX MY SEAL THIS _______ DAY OF ________ 20___.

______________ (SEAL)

16.

Water management areas shall be legally reserved to the operation entity and 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.

17.

The licensee shall notify the Water Resources Division in writing within twenty-four (24) hours of the start, finish, suspension, and/or abandonment of any construction or alteration of works authorized by this license.

18.

A prorated share of surface water management retention/detention areas, sufficient to provide the required flood protection and water quality treatment, must be provided prior to occupancy of any building or residence.

19.

The applicant may be required to submit proof of financial responsibility in accordance with Section 27-64 of Article I.

20.

The operation license shall be valid for a specific period of time not to exceed five (5) years from the date the license is transferred to the operation phase. The operation license shall be renewed in accordance with Section 27-198(d)(2) of this Article.

21.

The licensee shall keep a log of the operation and maintenance schedule for all components of the surface water management system.

b.

Phased projects: In addition to the general license conditions set out in Article I of this chapter and specific conditions above, a surface water management license issued by Water Resources Division for phased projects shall be subject to the applicable specific conditions which follow:

1.

If a master property owner's association is proposed for a project which will be constructed in phases, and subsequent phases will utilize the surface water management system for the initial phase or phases, the association must be created with the ability to accept future phases into the association.

2.

If the development scheme contemplates independent associations for different phases, a master association must be formed to include all of the various associations with the master association having the responsibility to operate and maintain the surface water management system for the entire project.

3.

If the subassociations have primary responsibility for operating the portion of the surface water management system within their association, all association documents shall clearly define that the master association has ultimate authority and responsibility to enter and maintain the surface water management system should any subassociation fail to do so.

4.

If no master association is proposed, each entity which will operate and maintain a portion of an integrated surface water management system must have cross easements for drainage ingress and egress capabilities, and the ability to enter and maintain the various portions, should any subassociation fail to maintain the portion of surface water management system within their boundaries. A definition of operation and maintenance responsibilities between the entities shall be included in any such document.

5.

If the project contains a golf course, the owner/operator must be a member of the association. Association documents must reflect this relationship.

(Ord. No. 96-19, § 2, 6-11-96; Ord. No. 1997-42, § 1, 10-14-97; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2010-59, § 1, 10-12-10)