§ 19-158. Criteria.

A permit may be issued to the applicant upon such conditions as the commission may direct, only if the applicant affirmatively demonstrates to the commission with reasonable assurances based upon plans, test results and other information, that the construction, expansion, modification, and operation of the water or wastewater facility will not adversely affect the public interest, violate any provision of these rules and otherwise complies with the following minimum requirements:

(1)

The water or wastewater facility complies with applicable goals, objectives, and policies contained in the county comprehensive policy plan, as amended, including, but not limited to, any comprehensive plan text amendments transmitted to the Florida Department of Community Affairs as of the effective date of this division.

(2)

The water or wastewater facility complies with the goals, objectives and all terms and provisions of the Marion County Water Resource Protection and Water and Wastewater Utilities Plan, adopted by the commission on May 21, 1996.

(3)

The applicant has prepared plans and specifications in accordance with design criteria and guidelines adopted by the commission by resolution, ordinance, and land development code from time to time.

(4)

The proposed water or wastewater facility will not negatively impact wildlife, and endanger and threaten fauna.

(5)

The proposed water or wastewater facility will not negatively impact the public and surrounding land uses.

(6)

The proposed water or wastewater facility will not negatively impact water supply facilities.

(7)

The proposed water or wastewater facility complies with zoning restrictions.

(8)

There is a sufficient level of delivery reliability, safety, integrity, and need for the water or wastewater facility.

(9)

If utilization of any public right-of-way is contemplated, the applicant has obtained a permit to utilize the right-of-way from the entity having jurisdiction over said right-of-way.

(10)

The applicant has executed a utility facilities agreement with the commission providing the following:

a.

The applicant's responsibility to construct the water and wastewater facilities in accordance with county approved design criteria and plans and specifications.

b.

The applicant's responsibility to operate the water and wastewater facilities in accordance with applicable local, regional, state and federal rules, regulations, laws, permits and approvals.

c.

The applicant's responsibility to dedicate any easements determined by the director to be necessary for the adequate operation and maintenance of the water and wastewater facility.

d.

If applicable, the applicant's responsibility to connect, at its sole expense, its water and wastewater facility to the nearest county wastewater or water transmission line, as appropriate, with adequate transmission capacity for all such improvements; provided, however, that the distance of extension shall not exceed one mile unless by developer's agreement.

e.

If applicable, the applicant's responsibility to connect its water and wastewater facility to a regional, subregional, or area wide water or wastewater treatment plant, as appropriate, and to pay all applicable wastewater capital charges for the wastewater service capacity or water capital charges for water service capacity, as appropriate, necessary to serve such improvements in accordance with commission rate resolutions and ordinances and other applicable federal, state and county laws, rules, regulations, resolutions, ordinances, permits and requirements.

f.

The applicant's responsibility to provide operation and maintenance bonds and performance and replacement bonds or other security acceptable to the board of county commissioners in such reasonable amounts as may be determined by the commission.

g.

Proof of ownership or other legal right to use the proposed site for construction of the water and wastewater facility.

h.

Traffic control plan to be used during construction of any water and wastewater facility which crosses roads.

i.

Consent to inspection of the water and wastewater facility to ensure ongoing compliance with the permit conditions, this division, and any other applicable rules or regulations.

j.

Any other terms or conditions deemed to be reasonable by the commission.

(Ord. No. 96-36, § 9, 11-5-96)