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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_03/08/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 4-12 3/8/12 Consent Agenda: No Resolution #: Originating Department: Attorney � AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 4-12, First Readinq, Amending its Code of Ordinances at Chapter 50. Natural Resource Protection. By Adopting Water Shortage Regulations and Year Round Landscape Irrigation Regulations; Providing for Enforcement; Providing for Variances and Exceptions — Village Attomey Keith Davis BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) APPROVALS: SIGNATURE: Department Head Finance Director Reviewed for Financial Sufficiency � -., � , No Financial Impact ❑ � �C �'" Attorney: (for legal sufficiency) - Village Manager: Submit for Council Discussion: [� ' .�� � _____� Approve Item: [� / Deny Item: [� C SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) ORDINANCE NO. 4-12 AN ORDINANCE OF TI� VILLAGE COTJNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDIlriANCES AT CHAPTER 50. NATURAL RESOURCE PROTECTION. BY ADOPTING WATER SHORTAGE REGULATIONS AND YEAR ROUND LANDSCAPE IRRIGATION REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VARIANCES AND EXCEPTIONS; PROVIDING THAT EACH AND EVERY OTI�R SECTION AND SUBSECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. SHA,LL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTI�R PURPOSES. WI�REAS, the South Florida Water Management District has issued the Village of Tequesta consumptive water use permit no. 50-00046-W; and WHEREAS, a condition of said pernut is that the Village must adopt certain irrigation restriction regulations in accordance with South Florida Water Mana.gement District year round rules; and WHEREAS, said regulations must address, among other things, certain exemptions for micro-irrigation systems, and must provide for the use of moisture control systems within the village; and WHEREAS, in conjunction with the adoption of said regulations, the Village Council desires to re-adopt its water shortage emergency restrictions and relocate same from Chapter 74. Utilities. to Article VI of Chapter 50; and WHEREAS, the Village Council believes these revisions to Chapter 50, Natural Resource Prote�tion. will be in the best interest, and will prornote the health, safety and welfare of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 50. Natural Resource Protection. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Article VI. Water Protection and Conservation. by adopting water shortage regulations and year round landscape irrigation regulations; providing for enforcement; providing for variances and exceptions; providing that Chapter 50. Article VI. shall hereafter read as follows: CHAPTER 50. NATURAL RESOURCE PROTECTION ARTICLE VI. WATER PROTECTION AND CONSERVATION Sec. 50-181. - Purpose. Sec. SO-182. - Applicabilitv; statutorv authorit� Sec. 50-183. - Definitions. Sec. 50-184. - Penalties. Sec. 50-185. - Additional remedies; di�osition of fines. Sec. 50-186. - Cross connection and backflow prevention. Sec. 50-187. - Water conservation fixtures required. Sec. 50-188. - Plan review and inspection fees. Sec. 50-189. – Year round Restrictions on landscave irri at�ion. Sec. 50-190. – Exemptions to vear round restrictions on landscane irri�ation. Sec. 50-191. – Water Shorta�e Plan and amendments adonted. Sec. 50-192. – Declaration of water shortage: water shorta�e emer�encv. Sec. 50-193. – Enforcement. Sec. 50-194. – Accentance of reeulations bv nersons usin� water services. Sec. 50-195. – Additional declarations of emer�encv. Secs. 50-�-9� 196-50-210. - Reserved. Sec. 50-181. - Purpose. The purpose of this article is to establish a regulatory framework and guidance document which will nrotect the water resources of the villa�e from the harmful effects of over utilization durin� neriods of water shorta�e, to allocate available water sunnlies bv assistin� the South Florida Water Manaeement District in the imnlementation of its water shorta�e nlan, and to help ensure consistent water and landscape irrigation conservation throughout the village on a year round basis. Sec. 50-182. - Applicability; statutorv authority. (a) All provisions of this article shall be effective within the water service areas of the village. This article shall set restrictions, constraints and prohibitions to enhance the village's water resources and provide a permanent water conservation measure. Unless otherwise provided, nothing in this article shall be construed to relieve any person from compliance with any applicable regulations enacted by any agency of the state having jurisdiction over water resources in the village. The Qrovisions of this article shall not a nlv to those nersons usin� saltwater. or as otherwise snecified herein. (b) This article is adopted under the authority of F.S. ch. 166 �. Sec. 50-183. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code enforcement officer means any authorized agent or employee of the village whose duty is to ensure compliance with the provisions of this article, including, but not limited to, designated employees of the police, building, code enforcement, and water departments. District means the South Florida Water Mana�ement District Impervious areas means land surfaces which do not allow the penetration of water, including, but not limited to, paved roads, sidewalks, driveways, parking lots and highly compacted areas including shell and clay. Low-volume irrigation means that type of equipment or irrigation device designed to provide small quantities of water consistent with the water reauirements of the nlant bein� irri�ated and to allow that water to be nlaced with a hi�h de�ree of efficiencv in the root zone of the nlant. The term also includes water used in mist houses and similar establishments for nlant nrona�ation. Overhead irri�ation and flood irri�ation are not included ^ �'�°'���, +'�° °�:, �,~� �° �� a~�~� � , , , d,.;�. t..;..Llo« .,,;�+ ,,.a �.,1,�,.«� ..o ; ��t;�.., > > > .. �.� � . Micro-irrigation means the annlication of small auantities of water on or below the soil surface as drons ar tinv streams of snrav through emitter or anplicators nlaced alon� a water deliverv lin�. Micro-irri�ation includes a number of inethods or concents uch as bubbler, drin, trickler. mist, or microsnrav, and subsurface irri�ation. Person means includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, or public officer or any other entity whatsoever, or any combination of such, jointly or severally. Reclaimed water means wastewater that has received at least secondary reatment and basic disinfection and is reused after flowin� out of a wastewater treatment facilitv as defined bv Rule 62-40.210. F.A.C. Village means the Villaee of Teauesta Water resources means any and all water on or beneath tY�e surface of the �round. includin� natural or artificial water courses. lakes, nonds. or diffused surface w er, and water nercolatin�, standin�, or flowin� beneath the surface of the �round. Water shorta�e condition is when sufficient water is not available to meet resent or anticinated needs of nersons using the water resource, or when conditions are uch as to reauire temnorarv reductian in total water usage within a narticular area to t�rotect the water resource from serious harm. A water shortase usuallv occurs due to ro t. Water shortage emerQencv means that situation when the nowers which can be exercised under nart II. Declarin� and Imnlementin� Water Shortage of Chanter 40E- 21. F.A.C., are not sufficient to nrotect the nublic health, safetv. or welfare. or the health of animals. fish or aauatic life. or a nublic water sunnlv, or commercial. industrial. a�ricultural. recreational, or other reasonable uses of the water sunnlv. � Sec. 50-184. - Penalties. I (a) Violation of any provision of this article shall be subject to the following penalties: (1) First violation: Written warning. (2) Second violation: A fine of $30.00, to be paid within 15 days. (3) Third violation: A fine of $100.00 to be paid within 15 days. (4) Fourth and subsequent violations: A fine of $200.00 to be paid within 15 days. (5) Applicability; other remedies: Each day in violation of this division shall constitute a separate offense. The village, in addition to the civil sanctions � contained herein, may take any other appropriate legal action, including, but not limited to, emergency injunctive action to enforce the provisions of this division. (b) Alternativelv, any person cited for a violation of this article has a right to appear before the special magistrate to contest the violation. Pursuant to ��,c_t_io�l �-15 l_ et se . the snecial magistrate mv im�ose bv a fine not to exceed $250.00 ner dav for a first violation and $500.00 ner dav for reneat violations. In addition. anv nerson found to be in violation of this article bv the snecial magistrate shall nav all costs and exnenses 'ncurred bv the villaee in nrosecutinE the case. �,,., .. ,.+;,,� „� �,,,.�, . „�„+;,,,, ��,.,» �.v r ;��,.,�.�o ; ,,,.,��„�o o „� , ,;*�, � „+,,,,, , � ;, _ ,,,,a ; .,aa:+:,,,, ��..,�� ., �» ,.,,��� .,,,a o „�,.oa ;,, *�,o ,. � o 0 . , �,,,,.,.,+;,,,, , „ao,. +t,;� ,,,..;,.io i Sec. 50-185. - Additional remedies; ciisposition of fines. I f�—��e�e�rs er-t�c,���-��c.�-�-�e-� ,,* t.� ` "� ��Y . .� „o,. a„<. � ,- ., �,.�+ . ,.i„�;,.,, .,,,a ecnn nn ,. ,. a.,., � ,. ., o.,� . „i,,.;,,,, �} �a In addition to the sanctions contained in section 50-184, the village may take appropriate action, including but not limited to service disconnection, administrative action and requests for temporary and permanent injunctions, to enforce the provisions of' this articie. (bl A violation of this article shall result in revocation of any nermit �ranted for construction or renovation under this article. ,.o� ,.,.oa �„ ��,o � „� �,.,��o,. ��c All monies collected pursuant to this article shall be deposited in the general fund of the village. {e} d� Repeat violations of this article may be cause for water service disconnection by the village. Sec. 50-186. - Cross connection and backflow prevention. All potable and irrigation water service distribution and plumbing systems shall meet the requirements of the village cross connection and backflow prevention policy attached to Ordinance No. 411 as exhibit A, which is on file in the village clerk's office, as fully as if set forth in this article. When a conflict exists between a requirement set forth in the village cross connection and backflow prevention policy and the adopted plumbing code of an affected governmental agency, the more stringent requirement shall be adhered to. Sec. 50-187. - Water conservation fixtures required. All new construction and additions, alterations and/or remodeling that includes plumbing work and additions, alterations and/or remodeling that is in excess of 50 percent of the assessed value of the structure shall be required to install water conservation fixtures, devices and appliances as follows: (1) Low flush toilets. Toilets that use no more than 1.6 gallons of water per flush and meet the performance standard A112.19.2M-1990 of the American National Standards Institute (ANSI) shall be required. (2) Low flow shower heads. Shower heads that allow no more than 2.5 gallons of water per minute and meet ANSI standard A112.18.1M-1989 shall be required. (3) Low-flow faucets. Lavatory and sink faucets that allow no more than 2.0 gallons of water per minute and meet ANSI standard A112.1$.1M-1989 shall be required. (4) Moisture control mechanisms and systems. The installation and use of soil tensiometers, rain sensors, moisture control systems or similar approved devices shall be required on all irrigation systems. ' Sec. 50-188. - Plan review and inspection fees. Fees shall be paid to the village as follows: (1) Plan review fee. There shall be a plan review fee of one percent of the capital improvement charge (CIC) per equivalent residential connection (ERC), payable at the time of application. Two sets of construction drawings shall be submitted for the proposed new construction, addition, alteration or remodeling, indicating all new and/or modified plumbing systems and fixtures. (2) Inspection fee. There shall be an inspection fee of two percent of the capital improvement charge (CIC) per equivalent residential connection (ERC), payable at the time of application. (3) Capital improvement charge (CC). The capital improvement charge (CIC) shall be as set forth in the village water department rate table as may be amended from time to time. Sec. 50-189. — Year round Restrictions on ];���g irrigation. > > > i.,,,a�,..,..o ., �t,.,ii �.o ,.o�+,.;,.+oa *„ +t,o t,,,,:,.� „� c.nn .. +„ �.nn „ llilll[JVCLI.J�i � . . • . • � � � �r.or�..4:� ��4�e n4:i. n4o The Villa�e herebv adonts the rules of the District. Chapter 40E-24.201 (1)-(6). F.A. ., and subseauent additions or corrections thereto: and the same are herebv fullv ad nted and incoroorated as if fullv set forth herein at len�th. Sec. 5O-19Q. — Exemptions to ��ear roun e. trictions on landscane irri�ation. The following activities shall be exempt from the provisions of this article: (1) Landscape irrigation by hand watering using a self-canceling nozzle� micro-irrigation or low-volume irrigation system. (2) Landscape irrigation by systems from which the sole source is treated wastewater effluent. (3) The operation of irrigation systems for system repair and maintenance; however, such operation shall be limited to ten minutes per zone per week. (4) Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning, and disperse the water in such a manner to benefit local vegetation. (5) Landscape irrigation for purposes of watering in fungicides, insecticides, herbicides, pesticides and fertilizers as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control operators and shall be limited to manufacturer's recommendations, which must be compieted within 24 hours of application. Further, such operators must be on the premises when such watering takes place outside the hours allowed for irrigation by section 50- l 89(a). (� Variances from the schedule of s�ecific irri�ation davs mav be �ranted if strict annlication of the vear round restrictions would lead to unreasonable or fair results in a narticular case. nrovided that the annlicant demonstrates with particularitv that comnliance with the schedule will result in substantial economic. health or other hardshin on the annlicant reauirin� a variance. or on those served bv the annlicant. Where a conti�uous nronertv is divided into different zones. a variance mav be �ranted hereunder so that each zone mav be irri�ated on davs different than other zones of the nronertv. However, no variance mav be eranted that would result in anv one zone being irri�ated more t�an two davs ner week. Sec. 50-191. - Water Shorta�e Plan and amendments adonted. The Villa�e herebv adonts the Water Shorta�e Plan of the District. Chanter 40E- l. F.A.C.. and subseauent additions or corrections thereto; and the same are herebv fullv donted and incornorated as if fullv set forth herein at length. Sec. SO-192. - Declaration of w�ater shorta�e: water shorta�e emer�encv. The declaration of water shortaee or water shortage emer�encv within all ar anv nart of the villa�e bv the �overning board or the executive director of the district shall invoke the nrovisions of Section 50-191. Unon such declaration all water use restrictions or other measures ado�ted bv the district annlicable to the villaee or anv bortion thereof shall be subiect to enforcement action nursuant to Section 50-193. Anv violation of the �rovisions of Chanter 40E-21. Florida Administrative Code. or anv order issued nursuant th reto, shall be a violation of Section 50-191. In addition, nrior to anv determination or declaration bv the district, the villase mav deternune that it has become seriouslv affected bv anv such shorta�e of water and the village council mav declare an emer�encv situation and imnlement the nrovisions of Section 50-191. Sec. 50-193. - Enforcement. verv village nolice officer shall. in connection with all other duties imnosed bv law dili�entiv enforce the nrovisions of this division. In addition, the villaee mana�er mav also dele�ate enforcement resnonsibilitv for this division to denartments or divisions of the villa�e. including but not limited to the code enforcement division. other municinal emnlovees. or district emnlovees in the service areas �overned bv this division. in accordance with state and local law. 'i ec. 50-194. - Accentance of re�ulations bv persons using water services. No water service shall be furnished to anv nerson bv a nublic or nrivate utilitv unless such nerson agrees to accent all the nrovisions of this article. The accentance of water service shall be in itself the accentance of the nrovisions thereof. Sec. 50-195. - Additional declarations of emer�enc� In the event of a facilitv failure or circumstance outside the immediate 'urisdiction of the South Florida Water Mana�ement District which would necessitate curtailment of water nroduction, or other emer�encv related to the nrovision of water service the villa�e manaser or his desi�nee mav declare the existence of a water shortaee condition or emergencv which shall activate the nrovisions of Section 50-191. j Secs. 50-�- �2�t--50-210. - Reserved. Section 2: Each and every other Section and Subsection of Chapter 50. Natural Resource Protection. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage.