MiniCities and MegaCities:

Incorporating Sustainability into ComprehensivePlanning

Ralf Brookes AttorneyBoard Certified in City County and Local Government Law

Ralf@RalfBrookesAttorney.comPhone (239) 910-5464

Practicing Public Interest Local Government law throughout FloridaPlease visit our website - www.RalfBrookesAttorney.com

Models and Examples

These rather large documents are available at my website page“Model Document Downloads” as PDFs or Links:

http://ralfbrookesattorney.com/modeldocumentdownloads.html

Model Unified Land Development Code for Florida Small Coastal Muncipalities

Town of Yankeetown Comprehensive Plan Rewritten Amendment 2008-01(underline and strikethrough)

Monroe County 2010 Comprehensive PlanGoals, Objectives & Policies

http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/CompPlan2010/2010CompPlanSec3.pdf

Town of Yankeetown, Florida

Main Street YankeetownRiverside Drive

Yankeetown(population 801)

Vision

Yankeetown “is located in a rural area with outstandingnatural resources which form the basis of its retirementand outdoor recreation based economy. The Town isnestled along the Withlacoochee River beneath a treecanopy including mature live oak and cypress draped inpicturesque Spanish moss. The Town’s original plan andlayout reflects many of the positive attributes of traditionalneighborhood development including a platted grid patternof canopy covered neighborhood streets, dividedboulevard type streets, and alleys all under the extensivetree canopy. Unique within Florida, the Town isreminiscent of a small southern town draped in a Spanishmoss covered tree canopy along a scenic natural windingriver which serves as a birthing area for manatees,foraging area of dolphin and from the night sky can beheard the sounds of owls rather than traffic. The Town’sbeauty draws visitors and residents who seek out thescenic natural beauty of the Town and its walkablepedestrian and bicycle oriented layout as well as itsabundant wildlife, birds, marshlands, coastal hammocksand natural resources. The Town is truly scenic,picturesque and worthy of special considerations topreserve the Town’s unique sense of place and beautythat is truly unique and remarkable. There is no otherplace quite like Yankeetown, in the entire state of Florida.”

CPA 2008-01

GOALS, OBJECTIVES, AND POLICIES

POLICY 1.1.1.3 In addition to complying with Outstanding FloridaWater (OFW) standards, all new subdivisions, planned unitdevelopments, and commercial development in all land use districtsshall utilize “low impact” development practices appropriate for suchuse including:

(a) Landscaped biofiltration swales;(b) Use native plants adapted to soil, water and rainfall

conditions;(c) Minimize use of fertilizers and pesticides;(d) Grease traps for restaurants;(e) Recycle storm water by using pond water for irrigation of

landscaping;(f) Dry wells to capture runoff from roofs;(g) Porous pavements;(h) Maintain ponds to avoid exotic species invasions;(i) Aerate tree root systems (for example, WANE systems);(j) Vegetate floodplain areas with native and/or Florida-

friendly plants to provide habitat and wildlife corridors;(k) Rain barrels and green roofs where feasible; and(l) Use connected Best Management Practices (BMPs),

(treatment trains flowing from one BMP into the next BMP)to increase nutrient removal.

Existing development shall be encouraged, but not required to usethe above recommendations and shall not be considerednonconforming if they do not.

POLICY 1.1.2.8Commercial Water-Dependent land use district:

1.1.2.8.1 Purpose and Intent. The principal purpose of thisdistrict is to provide for water-dependent land uses thatfacilitate, provide, and protect commercial fishing andrecreational fishing and public access to the waterfront. Waterdependent use means an activity that can only be conducted on,in, over, or adjacent to the water, and that involves, as anintegral part of such activity, direct access to and use of coastalwaters. Water dependent uses can take the form of acommercial business or a public facility. The followingCommercial Water Dependent uses are allowed: marinas,commercial fishing, commercial fishing related uses,recreational fishing, fish houses for packing, smoking and salesof fish, marine scientific and biological uses, charter boat docksand related sales of recreational boating trips, boat rentals,canoe and kayak outposts.

1.1.2.8.2 Only low to medium commercial intensity uses areallowed. Impervious surface ratios shall not exceed 50% of theparcel. All development shall utilize “low impact” developmentpractices. Intensity refers to the measurement of nonresidentialuses. Intensity means an objective measurement of the extentto which land may be developed or used, including theconsumption or use of the land; the measurement of the use ofor demand on natural resources; and the measurement of theuse of or demand on facilities and services, including the floorarea ratio, trip generation and level of service.

1.1.2.8.3 No single structure on a parcel shall exceed a grossfloor space of 3,000 square feet. The total combined floor areaof all buildings on a parcel shall not exceed a floor area ratio of.07 for any parcel equal to or greater than 20760 square feet. Forparcels less than 20760 square feet see Table 1-1B

BEBR BEBR SchimbergYear % Population Population2005 1.90% 743 7442006 1.90% 7572007 1.90% 7712008 1.90% 7862009 1.90% 8002010 1.90% 815 8012011 1.90% 8302012 1.90% 8462013 1-90% 8622014 1.90% 8782015 1.90% 895 8572016 1.90% 9122017 1.90% 9292018 1.90% 9452019 1.90% 9632020 1.90% 981 911

Population Based Housing Need

B. Yankeetown shall require that all new or replacement sanitarysewage systems in all land use districts the CHHA meet the followingrequirements:

a) All new or replacement sanitary sewage systemsshall be designed and constructed to minimize oreliminate infiltration of floodwaters into the systemand discharge from the system into floodwaters.Joints between sewer drain components shall besealed with caulking, plastic or rubber gaskets.Backflow preventers are required.

b) All new or replacement sanitary sewage systemsshall be located and constructed to minimize oreliminate damage to them and contamination fromthem during flooding.

(c) The DCA has objected and recommended, andYankeetown has concurred that all new andreplacement septic systems are to be performance-based certified to provide secondary treatmentequivalent to 10 milligrams per liter maximumNitrogen.

POLICY 4.1.2.8Development within Yankeetown shall continue to be constrained bythe vast amount of development that has already occurred within the100-year floodplain and the Coastal High Hazard Area. No publicly orprivately funded, central collection sanitary WWTFs shall beconstructed within the Coastal High Hazard Area of the Town.Yankeetown shall continue to pursue a regional sanitary wastewatertreatment system that can be developed in conjunction with theneighboring town of Inglis and Levy County, and constructed outsidethe Coastal High Hazard Area east of US Highway 19.

POLICY 4.2.2.2The land development regulations, adopted by the statutory deadline,shall require:

A4.2.2.2.1 Minimum design and construction standards for newsubdivisions, planned unit developments, andcommercial development that will ensure that post-development runoff rates do not exceed predevelopmentrunoff rates and encourage low impact developmentpractices including:

(a) Landscaped biofiltration swales;(b) Use native plants adapted to soil, water and rainfallconditions;(c) Minimize use of fertilizers and pesticides;(d) Grease traps for restaurants;(e) Recycle storm water by using pond water forirrigation of landscaping;(f) Dry wells to capture runoff from roofs;(g) Porous pavements;(h) Maintain ponds to avoid exotic species invasions;(i) Aerate tree root systems (for example, WANEsystems);(j) Vegetate onsite floodplain areas with native and/orFlorida-friendly plants to provide habitat and wildlifecorridors;(k) Rain barrels and green roofs where feasible; and(l) Use connected Best Management Practices (BMPs),(treatment trains flowing from one BMP into the next BMP)to increase nutrient removal.

Existing development shall be encouraged, but not required touse the above recommendations and shall not be considerednon conforming if they do not use the above practices.

3.08.00 DARK SKY REQUIREMENTS, LIGHTING, AND SEA TURTLEPROTECTION

3.08.01 Purpose and Intent

The purpose of these outdoor lighting regulations is to protect sea turtles andcoastal marine life from harms associated with excessive outdoor lighting. Inaddition, these regulations are intended to protect people and property valueswithin the Town from the nuisance and harm of excessive outdoorlighting that may hinder or decrease night time visibility, create a hazardousglare that may affect automobile and vehicle drivers ability to optimally operatetheir vehicle in a safe manner, create blinding brightness that leaves unsafely darkshadowed areas, or create an artificial atmospheric glow that prevents residents ofthe Town from enjoying the night sky above their homes.….

3.09.00 GREEN BUILDING REQUIREMENTS

3.09.01 Purpose and IntentThe Town is committed to minimizing the short term and longterm negative impacts construction has on the environment. The intent of thissection is enhance the public welfare by incorporating green building measuresinto the design, construction, and maintenance of buildings in order to provideowners and occupants of residential homes, commercial buildings, offices,industrial buildings, and mixed use developments with energy and watersavings, good indoor air quality, and healthy, pleasant, and productivesurroundings. A further intent of this section is to benefit the community byhaving buildings constructed that are resource-efficient and conserve energy.

3.09.02 FindingsThe Town finds that:A. Green building practices recognize the relationship between natural and builtenvironments. Green building design, siting, construction, and operation canhave a significant positive effect on energy and resource efficiency, reductionof waste and pollution generation, and the health and productivity of abuilding’s occupants over the life of the building. This is a critical componentof sustainable development that meets the needs of the present withoutcompromising the ability of future generations to meet their own needs.B. Green building benefits are spread throughout the systems and features ofthe building. Green buildings may use recycled content building materials,consume less energy and water, have better indoor air quality, and use lesswood fiber than conventional buildings. Construction waste is often recycledand remanufactured into other building products, resulting in reducedlandfill impacts.C. Design, siting, and construction decisions made by the Town in theconstruction and remodeling of Town buildings can result in significantenergy cost savings to the Town over the life of the buildings.D. Green building design, siting, construction, and operational techniques havebecome increasingly widespread in commercial and residential buildingconstruction. National and regional systems have been established to serveas guides and objective standards for green building practices. The U.S.Green Building Council has established the Leadership in Energy andEnvironmental Design (LEED) rating systems for construction projects.

3.09.03 LEED Requirements for New ConstructionAll new construction projects within the Town shall achieve aminimum of LEED certified status under the appropriate version of LEEDunless exempted under the procedures established by this section. Newconstruction projects shall strive for LEED platinum certification under theappropriate version of LEED.

A. Applicable Version of LEED.1. A construction project of any size consisting of a new commercial building,office building, industrial building, or mixed used building that combinesresidential use with commercial or industrial use shall proceed for LEEDcertification under the version of LEEDNC presently adopted by theTown.2. A construction project consisting of a multifamily residential building withfour (4) or more stories shall proceed for LEED certification under theversion of LEEDNC presently adopted by the Town.3. A construction project that consists of a single family home, single familyhomes, or a multifamily residential building less than four stories shallproceed for LEED certification under the version of LEEDHOMESpresently adopted by the Town.

B. LEED Checklist.1. Every applicant who files a building permit application for construction ofa new building shall provide to the Town Administrator:a. a completed LEED checklist demonstrating which credits the projectwill complete; andb. the registration of the proposed project with the United States GreenBuilding Council.2. The Town shall not issue either a land development permit or a buildingpermit unless the LEED checklist demonstrates that the proposedbuilding will achieve enough points to attain at a minimum LEEDcertified status.3. The Town will not issue a permanent certificate of occupancy unless anduntil the applicant produces verifiable documentation from USGBCaffirming that the project is at minimum LEED certified. However, uponcompletion of construction, satisfactory inspection by the Town buildinginspector or his designee and confirmation that all documentation hasbeen submitted for required certification, the Town building inspector orhis designee may issue a temporary certificate of occupancy. Uponissuance of a temporary certificate of occupancy, the applicant shall pay afee to ensure successful completion of the certification as set forth below.If the developer achieves certification status, the fee paid shall berefunded to the applicant. The fee is defined in the table below:

C. Green Building Certification.1. Compliance and enforcement.The building inspector or his designee shall determine whether therequirements listed on the LEED checklist are implemented at each stageof construction, including at the foundation inspection, framinginspection, and prior to issuance of a final certificate of occupancy. Thebuilding inspector or his designee may conduct other inspections, asneeded, to ensure compliance with this chapter. The building inspector orhis designee shall review the information submitted by the applicant anddetermine whether the applicant will achieve the required certification asset forth herein. If the building inspector or his designee finds that theapplicant is not reasonably expected to achieve LEED certification, thebuilding inspector or his designee shall make the following findings:a. If the covered project has not met the requirements for certification asset forth herein, whether the applicant has made a good faith effort tocomply with the ordinance;b. If the applicant has not made a good faith effort to comply, or if theapplicant fails to submit the documentation within the time period asset forth in the regulations, or fails to submit such documentationwithin a reasonable time period as determined by the buildinginspector or his designee, whether the final building permit approvalor certificate of occupancy should be withheld;c. If the applicant has not complied with this section, whether theapplicant should be required to undertake further actions to mitigatethis noncompliance.

3.09.04 Infeasibility ExemptionThe building inspector or his designee may issue an exemption from any of therequirements of this section upon finding that circumstances exist that make it ahardship or infeasible for the applicant to meet those requirements. The burdenshall be on the applicant to show circumstances to establish infeasibility. Thesecircumstances may include, but are not limited to:A. The availability of markets for materials to be recycled;B. The availability of green building materials and technologies; andC. The compatibility of green building requirements with existing buildingstandards.

3.09.05 Appeals.Any applicant may appeal to the Town council the determination ofnoncompliance

MONROE COUNTY COMPREHENSIVE PLAN

GOAL 101Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County residents and visitors, and protect valuablenatural resources. [9J-5.006(3)a]

Objective 101.2Monroe County shall reduce hurricane evacuation clearance times to24 hours by the year 2010.

Policy 101.2.1Monroe County shall establish a Permit Allocation System fornew residential development. The Permit Allocation Systemshall limit the number of permits issued for new residentialdevelopment.

Policy 101.2.3

The Permit Allocation System for new residential (ROGO) development shallspecify procedures for:

1. annual adjustment of the number of permits for new residential units to be issuedduring the next year based upon, but not limited to the following:

a. expired allocations and building permits in previous year;b. allocations available, but not allocated in previous year;c. number of allocations borrowed from future quarters;d. vested allocations;e. modifications required or provided by this plan or agreement pursuant toChapter 380, Florida Statutes; andf. receipt or transfer of affordable housing allocations by intergovernmentalagreement.

2. allocation of affordable and market rate housing units in accordance with Policy101.2.4; and

3. timing of the acceptance of applications, evaluation of applications, and issuanceof permits for new residential development during the calendar year.

GOAL 105Monroe County shall undertake a comprehensive land acquisition programand smart growth initiatives in conjunction with its Livable CommuniKeysProgram in a manner that recognizes the finite capacity for newdevelopment in the Florida Keys by providing economic and housingopportunities for residents without compromising the biodiversity of thenatural environment and the continued ability of the natural and manmadesystems to sustain livable communities in the Florida Keys for futuregenerations.

Objective 105.1Monroe County shall implement smart growth initiatives in conjunction withits Livable CommuniKeys and Land Acquisition Programs which promoteinnovative and flexibledevelopment processes to preserve the natural environment, maintain andenhance the community character and quality of life, redevelop blightedcommercial and residential areas, remove barriers to design concepts,reduce sprawl, and direct future growth to appropriate infill areas.

Policy 105.1.1Monroe County shall create an economic development framework for asustainable visitor-based economy, not dependent on growth in theabsolute numbers of tourists, that respects the unique character andoutdoor recreational opportunities available in the Florida Keys.