HomeMy Public PortalAboutRES 90/02RESOLUTION NO. 90 -2
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA APPROVING THE
PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN
OF THE TOWN OF GULF STREAM, AUTHORIZING THE
SIGNING OF THE STIPULATED SETTLEMENT AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND THE TOWN OF GULF STREAM
AND AUTHORIZING THE TOWN MANAGER TO UNDERTAKE
THE NECESSARY MEASURES TO EFFECTUATE THE TERMS
OF THE SETTLEMENT AGREEMENT.
WHEREAS, the Town of Gulf Stream adopted by ordinance its
Comprehensive Plan pursuant to Fla. Stat. ch. 163 on July 7, 1989;
WHEREAS, the State of Florida Department of Community Affairs
issued a Statement of Intent to Find Comprehensive Plan Not in
Compliance on August 31, 1989; and
WHEREAS, the State of Florida Department of Community Affairs
and the Town of Gulf Stream entered into settlement negotiations
to resolve the disputed issues between the State and the Town;
WHEREAS, the State of Florida Department of Community Affairs
and the Town of Gulf Stream have arrived at proposed comprehensive
plan amendments which resolve the disputed issues between the State
and the Town;
WHEREAS, a Stipulated Settlement Agreement has been jointly
prepared by the State of Florida Department of Community Affairs
and the Town of Gulf Stream;
WHEREAS, it is in the best interests of the Town of Gulf
Stream to enter into the Stipulated Settlement Agreement for
purposes of amicably resolving the disputed issues between the
State and the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA:
Section 1. By publication April 12, 1990 in the Palm Beach
Post, the citizens of the Town of Gulf Stream, and all other
interested parties were notified that the Town of Gulf Stream
proposed to approve this Resolution regarding its Comprehensive
Plan of this date.
Section 2. The Stipulated Settlement Agreement is hereby
incorporated by reference as part of this Resolution as if fully
set forth herein.
Section 3. The Town Manager and /or the Town Attorney is
authorized to undertake the necessary measures to effectuate the
terms of the Stipulated Settlement Agreement.
Section 4. This Resolution shall take effect immediately upon
its adoption.
Section 5. Five copies of the Stipulated Settlement Agreement
shall be forwarded to the State of Florida Department of Community
Affairs upon execution.
PASSED AND ADOPTED THIS 24th DAY OF APRIL, 1990.
TOWN OF GU,,F TREAM, FLORIDA
MAYOR
CL� L
VICE MAYOR
(SEAL)
COMMISSIONER
COMMISSIONER
r j
COM SSIONER
ATTEST:
C�
TOWN CLERK
Resol. 90 -2
c:\jaj\13147-1\90-2.misc
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
VS.
DOAH CASE NO. 89- 5158GM
CITY OF GULF STREAM
Respondent.
STIPULATED SETTLEMENT AGREEMENT
Petitioner Florida Department of Community Affairs
(Department) and Respondent City of Gulf Stream (City) hereby
stipulate and agree as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning
and Land Development Regulation Act, as codified in Part II,
Chapter 163, Florida Statutes (1989).
b. Agreement: This stipulated settlement agreement.
C. Comprehensive Plan or plan: The Comprehensive
Plan of the City of Gulf Stream, as adopted by Ordinance No. 89 -4
on July 7, 1989.
d. DOAH: The Florida Division of Administrative
Hearings.
e. In compliance or into compliance: Consistent with
Sections 163.3177, 163.3178 and 163.3191, Florida Statutes,
Section 187.201, Florida Statutes, the Treasure Coast Florida
Regional Policy Plan, as adopted by Rule 29K- 5.001, Florida
Administrative Code, and Chapter 9J -5, Florida Administrative
Code.
f. Notice: The notice of intent issued by the
Department to which was attached its statement of intent to find
the plan not in compliance dated August 31, 1989.
g. Petition: The petition for administrative hearing
and relief filed by the Department on September 20, 1989, that
initiated proceedings before DOM in this case (Case No. 89-
5158GM).
h. Remedial action: A remedial plan amendment,
submission of support document or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance.
i. Remedial plan amendment: An amendment to the plan
or support document, the need for which is identified in
this agreement, including its exhibits, and which the City must
adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this agreement must be consistent with and
substantially similar in concept, intent and terms to the ones
identified in this agreement or be otherwise acceptable to the
Department.
j. Statement of intent: The statement of intent to
find the plan not in compliance dated August 31, 1989.
k. Support document: The studies, inventory maps,
2
surveys, data, inventories, listings
and support the plan adopted by the
2. Entire agreement. This is
the parties and no verbal or written
effective or binding unless included
3. Approval by governing body
or analyses used to develop
--ity on July 7, 1989.
the entire agreement between
assurance or promise is
in this document.
This agreement has been
approved by the City governing body at a public hearing
advertised in a quarter -page advertisement published
approximately 14 days prior to the hearing in the manner and with
the content prescribed for advertisements in Section 163.3184(15)
(c), F.S. This agreement has been executed by the appropriate
City officer as provided in the City's charter or other
regulations.
4. Changes in law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and
in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or
regulation shall take precedence.
5. Other persons unaffected. Nothing in this agreement
shall be deemed to affect the rights of any person under the law
other than the parties.
6. Attorney fees and costs. Each party shall bear its own
costs, including attorney fees.
7. Public Records. The City shall allow public access to
all documents, reports, papers, letters or other material,
subject to the provision of Chapter 119, Florida Statutes,
3
prepared or received by the City in conjunction with this
agreement. It is expressly understood that upon receipt of
substantial evidence of the City refusal to comply with this
provision, the Department will have the right to terminate this
agreement for breach.
8. Liability. The City hereby agrees to hold harmless the
Department, to the extent allowed and required by law, from all
claims, demands, liabilities and suits of third persons or
entities not a party to this agreement arising out of, or due to
any act, occurrence, or omission of the City, its subcontractors
or agents, if any, that is related to the City's performance
under this agreement.
9. Effective date. This agreement shall become effective
upon the last date of signing by the parties.
PART I
10. Purpose of Part I. The parties enter into Part I of
this agreement in a spirit of cooperation for the purpose of
avoiding costly, lengthy and unnecessary litigation and in
recognition of the desire for the speedy and reasonable
resolution of disputes arising out of or related to the plan.
11. Department powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in
compliance.
12. Exhibits. Exhibits A and B are hereby incorporated by
reference. In the event of conflict between Exhibit A and
4
Exhibit B, the provisions of Exhibit B shall control.
13. Adoption of plan and support document. The City
provided the support documents and adopted the plan by ordinance
at a properly advertised public hearing held on July 7, 1989.
14. Review of plan and finding of noncompliance. After
reviewing the adopted plan the Department issued its notice and
statement of intent to find the plan not in compliance, and filed
the petition in this case to that effect.
15. Standing to file notice and petition. The Department
met the requirements of Section 163.3184(8), Florida Statutes,
because it based its determination of compliance and its notice
and statement of intent only on its written objections and
recommendations to the plan pursuant to Section 163.3184(6),
Florida Statutes, or on any changes made by the City to the plan
as adopted. The Department was not requested by the City of
Gulf Stream to attend the public hearing, thereby affording the
Department standing to find the plan not in compliance pursuant
to Section 163.3184(8), Fla. Stat.
16. Negotiation of agreement; intent. Subsequent to the
filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement of
intent through this agreement. It is the intent of this
agreement to resolve fully all issues between the parties in this
proceeding.
17. Dismissal recommendation. If the City completes the
remedial actions required by this agreement, including the
5
adoption of required plan amendments as set forth herein, the
Department shall request that the Administration Commission enter
an order dismissing this proceeding without imposing any sanction
that might otherwise be imposed under the Act. Thereafter, the
Department shall take every action necessary to effectuate this
paragraph.
18. Filing and continuance. This agreement shall be filed
with DOM by the Department after execution by the parties and
shall constitute a joint request that DOM continue this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the agreement. However, the
Department may request DOM to schedule a hearing of this
proceeding at an earlier time, as provided in this agreement.
19. Retention of right to final hearing. Both parties
hereby retain the right to have a final hearing in this
proceeding and nothing in this agreement shall be deemed a waiver
of such right.
20. Description of provisions not in compliance and
remedial actions; legal effect of agreement. Exhibit A to this
agreement is the statement of intent and contains a description
of the plan provisions found not in compliance by the Department
and remedial action needed to bring the plan into compliance. It
also constitutes an admission and stipulation by the Department
that if the described remedial actions are accomplished the plan
will be in compliance. Exhibit B contains additional detail
regarding some provisions not in compliance and remedial actions
G
needed for compliance. In the event of a conflict between
Exhibit A and Exhibit B, the provisions in Exhibit B shall
control.
21. Remedial actions to be considered for adoption. The
City agrees to adopt by formal action of its governing body all
remedial actions described in Exhibit A (as modified by Exhibit
B) no later than the time period provided for in this agreement.
22. Transmittal hearing for remedial actions. Within 60
days after the effective date of this agreement the City shall
deliver to the Department, after a transmittal public hearing
pursuant to Section 163.3184(3) of the Act, all remedial actions,
including all remedial plan amendments and support documents,
along with a transmittal letter describing the remedial action
taken for each part of the plan amended, including references to
specific portions and pages.
23. Review of transmittal. The Department shall provide
the City with its objections, recommendations and comments on the
remedial amendments and support documents in the manner provided
in Chapter 9J -11, Florida Administrative Code, and Subsections
163.3184(3) -(7), Florida Statutes. If the City fails to deliver
or rejects any remedial plan amendment or support document
described in Exhibit A or Exhibit B, the Department may move for
a final hearing for this proceeding as provided in Paragraph 9
above.
24. Adoption or approval of remedial plan amendments.
Within 60 days after receipt of the Department's objections,
7
recommendations and comments, the City shall consider for
adoption all remedial plan amendments and amendments to the
support document, and deliver the amendments and a transmittal
letter to the Department as provided in Subsection 163.3184(7),
Florida Statutes, and Rule 9J- 11.011(3), F.A.C. The letter shall
describe the remedial action adopted for each part of the plan
amended, including references to specific portions and pages.
25. Review of adoptions and notice of intent. Within 45
days after receipt of the adopted remedial plan amendments and
support documents, the Department shall issue a notice of intent
pursuant to Section 163.3184, Florida Statutes, for the complete
comprehensive plan, as amended, in accordance with this
agreement.
a. In compliance: If the adopted remedial actions
are consistent with the recommendations in Exhibit A or Exhibit
B, the Department shall find the plan and plan amendments in
compliance and shall request that DOM relinquish jurisdiction
and join the Department in requesting that the Administration
Commission adopt a final order dismissing this proceeding.
b. Not in compliance: If the remedial actions are
not adopted, or are not consistent with and substantially similar
to the recommendations in Exhibit A or Exhibit B, the Department
shall issue a notice of intent to find the plan not in compliance
and shall forward the notice to DOAH for a hearing as provided in
Subsection 163.3184(10), Florida Statutes, and request that the
matter be consolidated with the pending proceeding for a single,
final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single, final hearing. The
Department may also move for a final hearing of this proceeding
as provided in Paragraph 19 above. In any proceeding under this
paragraph, the City shall have the burden of proving by a
preponderance of the evidence that an adopted remedial action is
consistent with and substantially similar to the recommendations
in Exhibit A or Exhibit B.
26. Waiver. The parties waive any right to appeal or
initiate proceedings on, or to otherwise challenge on any ground
in any forum, the plan as amended, so long as the provisions of
this agreement are complied with. Both parties reserve the right
to appeal the inclusion of any amendment to the plan that is not
included in this agreement.
27. Concurrent amendment. Nothing in this agreement shall
be construed to prohibit the amendment of the plan concurrent
with the adoption of this agreement.
Part II
28. Purpose of Part II. The parties enter into Part II of
this agreement to provide funding to assist the City to undertake
the remedial actions necessary to bring the adopted plan
submitted pursuant to Subsection 163.3167(2), F.S. and Chapter
9J -12, F.A.C. into compliance.
29. Availability of Funds. Payment of state funds pursuant
to this agreement is subject to and conditioned upon the total
9
release of authorized appropriations from the Local Government
Comprehensive Planning Assistance Program provided by Chapter 88-
555, Laws of Florida. The State of Florida's performance and
obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature as noted in Section
287.0582, Florida Statutes.
30. Consideration.
a. As consideration for work performed under this
agreement, the Department agrees to pay a fixed fee of up to
$2,000.00. Payment will be based on the payment schedule contained
in paragraph 31 below.
b. Use of Funds: Funds may not be used for the
purchase of equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract. Funds may also
not be used for attorney fees.
31. Method of Payment.
Deliverable Due Date
Proposed remedial action
Adopted remedial action
Total
No later than 60
days after execution
of agreement
Payment
$ 1,000.00
No later than time $ 1,000.00
frames specified in
s. 163.3184(7), F.S.
for transmittal of
adopted plan amendments
$ 2,000.00
The first payment will be made by the Department after
receipt of the deliverable which will be verified by the
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Department to include all required proposed remedial action. The
final payment will be made after receipt of the adopted remedial
actions and issuance by the Department of a Notice of Intent to
find the plan in compliance.
32. Audit Requirements.
a. The City agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditures of funds under Part II of this agreement.
b. These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
C. The City shall also provide the Department with
the records, reports or financial statements upon request for the
purposes of auditing and monitoring the funds awarded under Part
II of this agreement.
d. The City shall include an accounting of these
funds under Part II of this agreement in the local audit prepared
by the City of the 1989 -90 and 1990 -91 fiscal years.
e. In the event the audit shows that all or a portion
of the funds provided under Part II, were not spent in accordance
with Chapter 9J -26, Florida Administrative Code, and the
conditions of this agreement, the City shall be held liable for
repayment to the Department of all funds not spent in accordance
11
with these applicable regulations and agreement provisions within
thirty (30) days after the Department has notified the City of
such noncompliance.
f. The City shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to Part II of this agreement for a period of
three years after the date of submission of the final
expenditures report or, if an audit has been initiated and audit
findings have not been resolved at the end of three years, the
records shall be retained until resolution of the audit findings.
33. Modification of Part II. Either party may request
modification of the provisions of Part II of this agreement.
Changes which are mutually agreed upon shall be made by written
correspondence from the Department, by the parties and
incorporated as part of this agreement.
This agreement contains all the terms and conditions agreed
to by the parties.
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In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY CITY OF GULF STREAM
AFFAIRS
Thomas G. Pelham
Secretary
Date
Senior Attorney
13
Date
Attest:
City Clerk
City Attorney
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: TOWN OF GULFSTREAM )
COMPREHENSIVE PLAN )
ADOPTED BY ORDINANCE )
NO. 189 -4 ON ) DOCKET NO. 89 -NOI- 5013 -(N)
JULY 7, 1989 )
1
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues
its Statement of Intent to find the Comprehensive Plan of the
Town of Gulfstream adopted by Ordinance No. 89 -4 on July 7, 1989,
Not In Compliance based upon the material in the Objections,
Recommendations and Comments Report issued by the Department on
May 12,,1989, which is hereby incorporated by reference, and
changes made to the plan as adopted that were not previously
reviewed by the Department. The Department finds that the plan
is not "in compliance," as defined in Section 163.3184(1)(b),
Florida Statutes (F.S.), because it is not consistent with
Section 163.3177, F.S., the State Comprehensive Plan, the
Treasure coast Comprehensive Regional Policy Plan, or Chapter
9J -5, Florida Administrative Code (F.A.C.), for the following
reasons:
EXHIBIT "A"
I. WATER CONSERVATION
A. Inconsistent Provisions. The inconsistent provisions
of the plan grouped under this subject heading are as follows:
1. Objective 4.D.1.3 and Policies 4.D.1.3.1, 4.D.1.3.2 and
4.D.1.3.3 of the Infrastructure Element) do not sufficiently
address requirements that an objective and policies be
established to conserve potable water. (Rules 9J- 5.011(2)(b) 4.
and 9J- 5.011(2)(c)3., F.A.C.). Most of the water usage of the
Town is attributable to irrigation of private residences; however
the Town states that by 1995, it will investigate and implement
strategies for the reduction of the use of potable water for
irrigation without any justification as to why the Town cannot
implement conservation techniques in a more timely manner.
2. The Town adopted two level of service (LAS) standards
for potable water (Policy 4.D.1.1.1 and 4.D.1.1.2, page 4D -11 of
the Infrastructure Element). The Town has not designated which
LAS will be utilized for the purposes of the issuance of
development orders and permits, nor does adoption of such high
level of service standards demonstrate regard for water
conservation.
B. Recommended remedial actions. These inconsistencies
may be remedied by taking the following actions:
1. Revise Objective 4.D.1.3. to include an earlier date
for the investigation and implementation of strategies to reduce
the use of potable water for irrigation. Establish a specific
and measurable objective addressing the conservation of potable
water resources.
2. Revise Policy 4.D.1.3.3 to include an earlier date for
the investigation of methods for the reduction of the use of
potable water for irrigation. Include a specific policy that
states how and when these methods will be implemented.
3. Revise the adopted LOS standard for potable water to
one that will commit the Town to implementing water conservation
methods. The Town should consider adopting a tiered LOS standard
that will allow for "phasing" of water conservation over a period
of time.
II. REGIONAL POLICY PLAN AND STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The inconsistent provisions
of the plan grouped under this subject heading are as follows:
1. The plan conflicts with and does not further Goal 8
(Water Resources), Policy 11 of the State Comprehensive Plan and
Policy 8.1.1.6 of the Treasure Coast Regional Policy Plan.
B. Recommended remedial actions. These inconsistencies
may be remedied by taking the following actions:
1. The Town should revise the applicable objective and
policies to address the development and implementation of water
conservation programs.
CONCLUSIONS OF LAW
Based upon these findings, the Department makes the
following conclusions of law:
1. The plan is not consistent with the Treasure Coast
Comprehensive Regional Policy Plan.
Plan.
2. The plan is not consistent with the State Comprehensive
3. The plan is not consistent with the requirements of
Chapter 9J -5, Florida Administrative Code.
4. The plan is not consistent with the requirements of
Section 163.3177, Florida Statutes.
5. The plan is not "in compliance," as defined in Section
163.3184(1)(b), F.S.
6. In order to bring the plan into compliance, the City
may complete the recommended remedial action described or adopt
other remedial actions that eliminate the inconsistencies.
Executed this day of August, 1989, at Tallahassee,
Florida.
FLORIDA DEPARTMENT OF
COMMUN TY AFFAIRS
Paul R. Bradshaw
Division Director
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
EXHIBIT B
GOAL 4.D.1.: rrB MNSZJ rs - -- nn TrnaLF - F.�IT:TT 2— ARE QVXD9n
"T —l— APP BT.., n�r_►.�oo�r n�IO•A!$-- r.AFII�4#l�u ��m rrut;
AidEHS �' THE — GiMRgu= A�- �T���JQ� OA'GTf1CtTmC n�` --gE rg;gpl OF F
Sq4;FA14T TO REDUCE PER CAPITA POTABLE WATER_CQNSUMPTION BY 50t IN
THE NEXT TEN YEAR$ EhIMARILY THROUGH THE IMPLEMENTATION OF
VOLUNTARY CONSERVATION TECHNIQUES,
Objective 4.D.1.1. The ',,,. I of c� --,Ice c +_ ,.�,� s-astablished in
this rub -611; 4ent shall be ., aintaiRed Achieve the following
reductions in the per capita consumption of potable water through
the implementation of voluntary programs for existing development
and mandatory water conservation programs for new development and
re(levelopment. .
FISCAL )MR
REDUCTION
GOAL
a.
1993
20$ less
than
that found
in
fiscal
_1988 -89
b.
1995
30A less
than
that found
in
fiscal
1988 --89
C.
1998
40% less
than
that found
in
fiscal
1988 -89
d.
2QoQ
50t 1 s
than
that found
in
fiscal
1988 -82
Pq1 icv 4 . D .1.1_.1 . The mO•wn -shall �+
water- --I V-G�- -paaryrvia s %and —r� Gf , 02+ aI4 -ons per Gapt ra par--
d-a-y. Within one year of the adoption of a plan amendment, the Town
shall design and implement the following water conservation
education 1roarams:
a. Conduct a water conservation workshop involving water use and
irrigation specialists who will provide practical information
on how to conserve water on a daily basis and how to
efficiently operate irrigation systems. Such a prpgram may
be co- produced with the South Florida water Management
D,.strict, the City of Delray Btaoh and /or other coastal
communities with high-per capita water consumption rate8.
b. Provide irrigation experts at a reduced fee for individual
consultations.
c.. Pro1410e. through the mail, quarterly updates o£ water
conservation goals, the sucgoss of on- goi.na programs, and new
hater- saving techniques and strategies. Such updates should
-__be ,coordinated with changes in season and recommend
.;appropriate irrigation adjustments.
Policy 4.D.1.1.2.: Wh e T 9 w n as ha I o —t ask 2 4 h Q w r- .p�a m
ev a l Mf a ✓fie --spa rid a n d -+a f -10 500 ua-1�
day. Within one year of the adoption of a plan amendment the Town
shall meet individually_ with all non - residential water users and
the top 5t of residential water users to identify and agree upon
the implemen ration of specific water reduction programs andgOals
which-May include
s. The identification and use of alternative (non - potable) water
sources, where available.
b. Specific operational changes which will z-educe the amount of
water consumed in activities such as dish washing, building
maintenance, and vehicle washing.
C. Limiting the number of days time of day and /or length of time
in which irrigation systems are operated.
d. Retrofitting existing systems such as shower heads, sink
faucets, toilets, and wash basins with new water - saving
devices.
e. Rstrofitting existing irrigation systems with water - saving
doyices. such as drip lines, timers, and tensiometers.
In all: cages. -expenditures made by the water consumer shall be
reasonable in terms of the benefits received _as measured by the
actual amount of water saved, the dollar emgvnt saved and the
public'. recognition received. However, a cost befit ratio of 1.0
shall not..constltute the sole definition of reasonabl @. All
consumers that =are a part of this program shall receive quarterly
updatAe_on hpir progress toward the agreed upon goal.
Policy 4,D.3..1.3.: The - shall - adept
o f -gar-vice s a... - .-0 -o of d O p G 4p,�
Within one year of the adoption of a plan amendment. adopt and
implement the following regulations which shall apply tQ new
development and redevelopment:
a. The use of xeriscape and native vegetation on a portion of
jeVelopmen sites_
b. The use of soil tensiometers or similar control mechanisms in
all irrigation Avstems.
C. The use of in -home water saving plumbing_ devises such as low
volume show heads and toilets.
Policy 4 . D. 1. 1.4.: vol pment
t`.^ �-�, vim+ rim are }-_i+ of 1 r,.-.t F„-. { oc „ar7 ..r 1 -.{ r�}� ;.4,ou
i-A-�i� 't iPG _R `� od by the Town }- to fall —bet _ t he 1 etr -1 of cn
dentteYvdfo —town. { n Dot { oles /I Tl �-. "� of the `^pub
�+o � s-�v r � r c
a ent- A representative of the Town of Gulf Stream shall meet
annually with the City_ of Delray Beach to discuss potable water
related issues including the development of a wastewater reuse or
pray- water.system.
ObJective 4. D. 1 , 2 . The -mow; ;heil.
l,euel M€ ser.�riea s an arks - �doptteeo in th,�s =- cub- el-mvr are
If a reduction in water consumption set forth in
Obieetiye_4.D.I.1. is not achieved by the corresponding_Fi$ral
Year., the Town shall adopt and implement mandatory reduction
programs- within one year which will result in achieving the
reduction goal set forth by the next calendar year and to achieve
an. overall_ reduction goal of 50$ by Fiscal Year 2000
Palicy 4.D.1.2.1. ha Tin s al��;,ain nteab=Cie —b�L
8iuzr4nt— wa�-ogivs Gonti-mvt; with the c ;j=ty of _ Da ra- IId;4r },
Mandatary programs to be considered by the Town include:
a. An ordinance restriclA ng the number of Oays time of day and
lenath of operation-of all irrigation systems.
b. An ordinance which establishas a maximum water allocation for
each use such that those who consume more than the allocated
amount shall be subject to fines.
C. Adoption of a "inverted" rate structure such that the price
of water increases proportionately with amount consumed.
d. Adoption of water use restrictions on a permanent basis.
D O 1 a r.:r -r- -4- ,'� IT F. T r...,. . r, r, r. + r— m 1 1 F fi Q— r r s of * h
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olant
n� 1..�= ■� B a a — €£ #�o —i m pree r� Y—�Fe a.
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w 8 t 9 L ,n,- .otr�. +t e.. } -.a r, a ar �h�_ r'`i der c• L2o�
�
Objective 4 :3?,1.3. AT �9- s1�5 -,— the-- Tew-- sk�r�ii invr+�- tigate —�^-a
a%e-ies Corn the redjGtiGn of
-Pow .i rr44at o within - the -T. wn, *Ns part of the required five -Year
Evaluation and APpraisgl Report (EAR) to be conducted in 1995, the
Town -shall--specifioally evaluate all on -2oiny water conservation
programs. -
Policy 4.D.1-.3.1.
Y°cYEi l±lQ ib�y f ^r the UGG .-.� vor�i.,. 1 a.,ri�sr�an�.,r. The EAR shall
i!3entify all on -going water conservation programs and evaluate them
for- their effectiveness in achieving the conservation goals
glished by this plan.
Policy 4.D.1.3.2.: ,r,a ,• +}, c + r 163-32""" r c-- - - - +he
Tni-M shall revl -F —z�nd development to 1RE;"d
6ol �Ja sos— +vv�is�$m0 i9TrsT�r^ �' v°�
Similar d a -In all The EAR shall include
a review of additional water conservation techniques that -are
pptentially applicable to the Town and recommend adoption of those
deemed appropriate.
Policy 4.D.1.3.3.-; By nbr 1, "95, .he morn shall roves iga_t
mvviTV ^v=- -- 9 �6�1 � X37 �f— pv ^t�b�8 –dJ� i� iiSr3 €__' r _ r i 95 i GR 4�y
r - �Qdi €ma d-- �mglemen }� osa-- au d--tq be
ucY�- a- t#r�ds �e be— stes#ai�� -shall •.,•, ,aa °�a^'ca
w . r alIo6a%ions for eaGh disinsentive's Or-
stew$ -ter --efI4 uent reuee from legal
packacgA -plen*
and the retroaOtive a a€ the put forth IF4
i�lit�ias 4-. D.1 3rtd �.L� 1 3 a of thi -6- sub- alementT They EAR
&hall include an analysis of water _g.pnsumption rates found in othor
communities in Florida an compare them with those found in Gulf
Stream. Significant differences shall be analyzed to determine if
additional conservation measures should be implemented in Gulf
Stream.
Policy 4.D.1.3.4.: The EAR shall recommend m new water reduction
schedule for -the following ten veers.
Objective 4.D.1.4.: The level of service standards established in
this sub - element shall I
�Q achieved and maintained,
Policy 4.D.1.4.1.:
The Town shall adopt an average annual potable
water level of service standard of 800 gallons per capita per Say
through Fiscal Year 1993 This level is consistent with the 20%
water consumption reduction goal established in Objective 4.D.1.1.
Policy 4.D.1.4.2.: The Town shall adopt an average annual notable
water level of.servicestandard of 700 gallons per capita per.day_
beginning in Fiscal Year 1995 This level is consistent with the
30% water consumption reduction goal established in Objective
4.D.1.1.
Policy 4.D.1.4.3.: The Town shall adopt an average annual potable
water level of service standard of 600 gallons per capitei per day
beginning in Fiscal Year 1998. This level is consistent with the
40$ water consum2tion reduction goal established in Objective
4.D.1.1.
Policy 4.D.1.4.4.: The Town shall adopt an average annual potable
water -level of service standard of 500 gallons _ per capita._ per day
beginning in Fiscal Year 2000. This bevel is consistent with the
50$ water consumption reduction anal established in ObleCtive
4.D.1.1.
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