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TIMING OF COMPREHENSIVE PLAN WATER SUPPLY REQUIREMENTS
(excluding new Wekiva requirements)
HB 6/2/06

APPLICABLE TODAY - Comp Plan statutory & rule provisions

  • Address water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the appropriate regional water supply plan [163.3167(13), FS

    o note - the "established planning period" is 20 years in many comp plans; the minimum period that can be covered is ten years

  • Coordination of the local comprehensive plan with the appropriate water management district's regional water supply plans [163.3177(4)(a), FS]
  • FLUM/FLUE - The future land use plan (and amendments) are based upon projected population of the area and the availability of water supplies (raw and treated), public facilities, and services [163.3177(6)(a), FS]
    o Population projections are to be based on best available data such as medium BEBR projections, same as regional water supply plans. [9J-5.005(2)(e), FAC; 373.0361(2)(a)1, FS]

    o Data & analyses used for various elements such as the Future Land Use, Infrastructure and Conservation Elements, are to be internally consistent (e.g. same population projections and water supply demand projections over the same planning timeframe, etc.] [9J-5.005(5), FAC]
    o Facilities that provide utility service to the various land uses are to be authorized at the same time as the land uses are authorized [Rule 9J-5.006(3)(c)3., FAC
    o Facility needs identified to address both the 5-year planning period and the remaining portion of the established planning period, based on population projections and future land uses [Rule 9J-5.011(1)(f)1.b. and c., FAC]

  • INFRASTRUCTURE - Contain a potable water element, indicating ways to provide for future potable water and the general facilities that will be required for solution of the identified problems and needs. [163.3177(6)(c), FS].


    o Potable water facilities include all structures designed to collect, treat, or distribute potable water, including wells, treatment plants, reservoirs, and distribution mains [Rule 9J-5.003(93), FAC]
    o Facilities that provide utility service to the various land uses are to be authorized at the same time as the land uses are authorized [Rule 9J-5.006(3)(c)3., FAC]

  • CONSERVATION - Contain a conservation element that assesses the current, as well as projected, water needs and sources for at least a 10-year period, considering the appropriate regional water supply plan [163.3177(6)(d), FS]

    o Note - Rule 9J-5.013 requires the element to be based upon the water demands for industrial, agricultural, and potable water use and an analysis of the quality and quantity of water available to meet these demands, as well as considering existing levels of water conservation, use and protection and applicable policies of the regional water management district.

 

  • CAPITAL IMPROVEMENTS - Contain a capital improvements element designed to consider the need for and the location of public facilities in order to encourage the efficient utilization of such facilities, including [163.3177(3)(a), FS]:


    1. Construction, extension, or increase in capacity of public facilities


    o Based on the public facility needs identified in the other comprehensive plan elements and that supports the future land uses [9J-5.016(1), FAC]


    2. Correction of existing public facility deficiencies, which are necessary to implement the comprehensive plan, and covering at least the next 5-year period
    3. Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities, and projected revenue sources to fund the facilities
    4. Standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service
    5. A schedule of capital improvements which includes publicly funded projects necessary to ensure that adopted level-of-service standards are achieved and maintained
    6. For developer funded capital improvements, financial feasibility shall be demonstrated by being guaranteed in an enforceable development agreement or interlocal agreement or other enforceable agreement, and these development agreements and interlocal agreements shall be reflected in the schedule of capital improvements if the capital improvement is necessary to serve development within the 5-year schedule.
    7. If the local government uses planned revenue sources that require referenda or other actions to secure the revenue source, the plan must, in the event the referenda are not passed or actions do not secure the planned revenue source, identify other existing revenue sources that will be used to fund the capital projects or otherwise amend the plan to ensure financial feasibility.
    8. "Financial feasibility" means that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5 of the 5-year capital improvement schedule. Committed funding means funding based on expected revenues from an existing revenue source, versus planned revenue, which relies on a source that is not currently available to the local government. [163.3164(32), FS and DCA CIE FAQ #6]

  • CONCURRENCY - Prior to approval of a building permit or its functional equivalent, the local government must consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of C.O. issuance or its functional equivalent. [163.3180(2)(a), FS]
  • CONCURRENCY - adequate water supplies, and potable water facilities to be in place and available to serve new development no later than C.O. issuance or its functional equivalent. [163.3180(2)(a), FS]
  • INTERGOVERNMENTAL COORDINATION - Contain an intergovernmental coordination element accomplishing the coordination of the adopted comprehensive plan with the plans of regional water supply authorities, and with the applicable regional water supply plan. [163.3177(h)1., FS]


    APPLICABLE AFTER RWSP UPDATES - Comp Plan statutory provisions

    • Within 18 months after updated regional water supply plan is approved, the potable water element must [163.3177(6)(c), FS]:


      1. Incorporate the alternative water supply project or projects selected by the local government from those identified in the regional water supply plan or proposed by the local government
      2. Identify alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in the regional water supply plan within the local government's jurisdiction
      3. Include a work plan, covering at least a 10 year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the potable water element as necessary to serve existing and new development.
      o Facility needs identified to address both the 5-year planning period and the remaining portion of the established planning period, based on population projections and future land uses [Rule 9J-5.011(f)1.b. and c., FAC]

    APPLICABLE DEC. 1, 2007 - Comp Plan statutory provisions

  • With minor exceptions, after December 1, 2007, a local government may not amend its future land use map until the local government has adopted the annual CIE update and it has been transmitted to the state land planning agency. [163.3177(3)(b)1., FS]

    APPLICABLE FOR EAR - Comp Plan statutory provisions

  • Each local government adopts an evaluation and appraisal report once every 7 years assessing the progress in implementing the local government's comprehensive plan [163.3191(1), FS]
  • The assessment includes the extent to which the local government has been successful in identifying alternative water supply projects and traditional water supply projects, including conservation and reuse, necessary to meet the water needs identified in the applicable regional water supply plan update within the local government's jurisdiction. [163.3191(2)(l), FS]
  • The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including development of alternative water supplies, identified in the element as necessary to serve existing and new development. [163.3191(2)(l), FS]