Instructions - Joint Application Section E

Part VI - Operation and Maintenance and Legal Documentation

Part VI is asking for information about the future operation and maintenance plans for the proposed project as well as legal documentation to prove that the applicant has legal authority to construct, alter, modify, operate or maintain any activities on the project site. All required documents must be submitted on 8.5" x 11" (letter size) paper.

A. Describe the overall maintenance and operation schedule for the proposed system All structures and all areas established by earth-moving in which surface water flow or storage has been altered..

See sample maintenance and operation schedules.

B. Identify the entity that will be responsible for operating and maintaining the system in perpetuity ongoing, forever if different than the permittee, a draft document enumerating the enforceable affirmative obligations on the entity to properly operate and maintain the system for its expected life, and documentation of the entity's financial responsibility for long-term maintenance.  If the proposed operation and maintenance entity is not a property owner's association, provide proof of the existence of an entity, or the future acceptance of the system by an entity which will operate and maintain the system. If a property owner's association is the proposed operation and maintenance entity, provide copies of the articles of incorporation for the association and copies of the declaration, restrictive covenants, deed restrictions or other operational documents that assign responsibility for the operation and maintenance of the system.  Provide information ensuring the continued adequate access to the system for maintenance purposes. Before transfer of the system to the operating entity will be approved, the permittee must document that the transferee will be bound by all terms and conditions of the permit.

Q for the districts - How is this normally done?

1. Name of the responsible entity, if different from the permittee.
2. Proof of existence of the entity (articles of incorporation, etc.)
3. Proof of future acceptance of responsibility by the entity if the entity is a local government, utility, etc. (letter from the entity?)
4. Draft document of what kind (incorporation, association)?
5. Financial responsibility - letter of credit? Incorporation and association documents with assessment collection methods included?
6. Maintenance easements, if necessary.
7. Form for binding the transferee?  Other kind of documentation that transferee will be bound?

Final documentation must be submitted to the Department Florida Department of Environmental Protection before responsibility for operation and maintenance can be transferred to the proposed responsible entity.  If final documentation is not submitted, operation and maintenance of the system will remain the responsibility of the permittee.

C. Provide copies of all proposed conservation easements, storm water management system easements, property owners association documents, and plats for the property containing the proposed system.

Will draft documents be ok for submittal?

D. Provide indication of how water and waste water service will be supplied.  Letters of commitment from off-site suppliers must be included.

Indicate if the system will use septic or sewer.  State if you will participate in water re-use for irrigation or landscaping.  Call the off-site suppliers (such as your local water and sewer utility) and request letters of commitment indicating that they have the capacity and are willing to service your project.

E. Provide a copy of the boundary survey and/or legal description and acreage of the total land area all contiguous parcels of land owned by the applicant. of contiguous property owned/controlled by the applicant.

The boundary survey must either be an original or a copy of a survey that was signed and sealed by a surveyor registered in the State of Florida.