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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_04/12/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 4-12 3/8/12 Consent Agenda: No Resolution #: Originating Departrnent: Attorney AGENDA ITEM TITLE: (V1lording form the SUBJECT line of your staff report) Ordinance 4-12, First Readina, 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 Di�ector Reviewed for Financial Su�ciency � No Financial Impact ❑ ��� ���= �- , Attorney: (for legal sufficiency) . � Village Manager: Submit for Council Discussion: [� _ __� Approve Item: C7� �—� �` Deny Item: � � 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) Redistributed from March 2012 Council Meeting ORDINANCE NO. 412 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, FLORIDA, AMEIVDING ITS CODE OF ORDINANCES AT CHAPTER 50. NATURAL RESOURCE PROTECTION. BY ADOPTING WATER SHORTAGE REGULATIONS AND YEAR ROUND LANDSCAPE IltRIGATI4N REGULATIONS; PROVIDING FOR ENFORCEMINT; PROVIDING FOR VARIANCES AND EXCEPTIONS; PROVIDING THAT EACH AND EVERY OTI�R SECTION AND SUBSECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE A SEVERABILITY GLAUSE AND AU�I'HORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTf�R PURPOSES. WHEREAS, the South Florida Wat,er Management District has issued the Village of Tequesta coasumptive water use permit no. 50-00046-W; aad WHERFAS, a condition of said permit is thai t� Village must adopt certain irrigation restriction regulations in accordance with South Florida Water Management 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 canjunction with the adoption of said regulations, the V'�ilage Council desires to re-adopt its water shortage emergency restirictions and =elocate same from Chapter 74. Utilities. to Article VI of Chapter 50; and . WHEREAS, the Village Council believes these revisions to Chapter 50. Natural Resource Protection. will be in the best interest, and will promote the health, safety and welfare of the citizens of the Village of Tequesta. NOW, THEREFORE, BE TT ORDAIl�iED BY THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 50. Natural Resource Protection. of the Code of Ordinances of the Village of Tequ�esta is hereby amended at Article VI. Water Prot�tian 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. 50-182. - Applicability statutorv authorit� Sec. 50-183. - Definitions. Sec. 50-184. - Penalties. Sec. 50-185. - Additional remedies; disposition of fines. Sec. 50-186. - Cross connection and backflowprevention. Sec. 50-187. - Water conservation fixtures reQUired. Sec. 50-188. - Plan review and inspection fees. Sec. 50-189. - Yeaz round Restrictions on landscane irrigation. Sec. 50-190. - Exemptions to vear round restrictians on landscane irri�ation. Sec 50-191 - Water Shorta�e Plan and amendments adoDted �ec 50-192 - Declaration of water shortase� water shorta�e emer�encv Sec. 50-193. - Enforcement Sec. 50-194. - Accentance of reeulations bv Dersons usin� water services. �ec 50-195 - Additional declarations of emer�encv Secs. 50-�-9-� 196-50-210. - Reserved. Sec. �0-1�1. - Yurpose. The purpose of this article is to establish a regulatory framework and guidance document which will nrotect the water resources of tl�e villa�e from the harmful effects over utilization durins neriods of water shortaee. to allocate available water sunnlies �v assistin� the South Florida Water Mana�ement District in the imnlementation of its water shorta¢e olan and to help ensure consistent water and landscape irrigarion conservation throughout the village on a vear round basis. Sec. �0-182. - Applicability; statutor�� authc►rity. (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 provisions of this article shall not applv to those nersons usin� saltwater. or as o herwise snecified herein. (b) This article is adopted under the authority of F.S. ch. l� �-S. Sec. 50-183. - Uefinitions. 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 off cer 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 Management 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 olant beins irri�ated and to allow �hat water to be placed with hi�h deeree of efficiencv in the root zone of the nlant. The term also includes w ter used in mist houses and similar establishments for nlant nrona�ation Overhead irrieation and flood irrieation are not included � , , , , , . Mi ro-irriQation means the annlication of small auantities of water on or below the s i surface as drons or tinv stream of snrav throu�h emitter or annlicators nlaced alon� a water deliverv line. Micro-irrieation in_cludes a number of inethods or concents such as bubbler. driD. trickler. mist, or micros�rav. and subsurface irrieation. Person means includes any natural person, individual, public or private corporation, firm, association, joint venture, parhiership, municipality, governmental agency, political subdivision, or public otFcer or any other entity whatsoever, or any combination of such, jointly or severally. $eclaimed water means wastewater that has received at least secondarv r atment and basic disinfection nd is reused after flowin� out of a wastewater treatment facilitv as defined bv Rule 62-40210. F.A.C. Village means the Villa�e of Teauesta W ter resources means anv a�nd all water on or beneath Lhe surface of the r�ounsi. includin� natural or artificial water co r es. lakes. Donds. or diffused surface water. and water nercolatin�, standin�, or flowinQ beneath_ the surface of the �round. W er shortage condition i whe sufficient water is not available to meet oresent_or anticivated needs of nersons usine the water resource. or when conditions are �u�l� as to reauire temnorarv reduction in total water usa�e wit�hin a narticular area to nrotect the water resource from serio . harm. A water shorta�e usuallv occurs due to r h. Water shortage emerQencv means that situation when the nower w ich can be exercised under nart II. Declarin� and Imolementin� Water Shortaee of Chanter 40E- �1� F.A.C.. are not sufFcient to nrotect the oublic health safetv or welfare or the health of animals fish or aauatic life or a nublic water sunnlv or commercial ind ustrial a�ricultural recreational or other reasonable uses of the water suDnlv Sec. ;f)-184. - Penalties. (a) Violation of any provision of this article shall be subject to the following penalties: (1) First violation: Written watning. (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 vioiation 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 se 2-1 et sea., the snecial magistrate mv ir�nose bv a fine not to exceed $250,00_ner dav for a first violation and �500 00 ner dav for renear violations In addition anv oerson found to be in violation of this rticl bv the sneci 1 ma�istrate shall Dav all costs and exnenses incurred bv the villa�e in nrosecutin� the case. , , w" i •• •,.7,�1;+: �l..,ll .,11 �+� .,.a o 0 0 ,.1, 0,7 +t,o o_ _ _ u iia . � o .�4� ..1 4�� .h' � aiv � K�LV31 L[lltl{r�� Sec. �0-18�. - Additional remedies; disposition of fines. (•t'l�—V�B�$�}A�3S A�-�3P--�f61'i�S�Ai�S 9� * c i�-c�c:civ—rrraJ—QiSA ��pma.tn�. ,•« *,• -- -- _ ., . �} �a In addition to the sanctions contained in section 5i�-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 article. (b) A violation of this article shall result in revocation of anv nermit �ranted for c onstruction or renovation under thi� �rticle c�.� v;,,t.,,:,...� ,.� ��.:,. .,...:,.i,. .. �w.,t�i � •t � ..* ,,, � c ,.�, i �2 �t,.,ii t,e �„� . ������� ° . . . � �+�«i,e� „i...., + ��c All monies collected pursuant to this article shall be deposited in the general fund of the village. fe} d� Repeat violations of this article may be cause for water service disconnection by the village. Sec. 50-186. - Cross conaection and backflow prevenNon. 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 andlor 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) sha11 be required. (2) Low flow shower head.s. Shower heads that ailow no more than 2.5 gallons of water per minute and meet ANSI standard A 112.18.1 M-1989 shall be required. (3) Low flow faucets. Lavatory and sink faucets that a11ow no more than 2.0 gallons of water per minute and meet ANSI standard A112.18.1M-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 imgation systems. Sec. 50-188. - Plan review� and inspection fees. Fees shall he 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 y�adsca irrigation. , , , l�n�rc�..� �� ���» �.� ...: . a+ +t, t, � c.nn + o.nn .......�.,.. .,...,,...� �..u.� �,.,T., . , , . . � . � • ,.+►,o. +�..... «�,... ,..w:,,�. .... ,,:ae..«.,i .,. +�.o ,. b Y" � � � � The Villa�e herebv adonts_th� rules of the District. Chanter 40E-24.201 (1)-(6), F. .., and subseauent additions or corrections thereto: and the same are herebv fullv onted and incoroorated if �llv s.t fnrth hPrein at 1Pnoth, ' Sec. 50-190. — Exemptions o vear round restrictions on landscaoe irri�atio . The following activiries shall be exempt from the provisions of this article: (1) Landscape irrigation by hand watering using a self-canceling nozzle micro-imQation 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 completed 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 >0-1�9(a). Variances from the schedule of snecific irrieation davs mav be�ranted i strict aD�lication of the vear round restrictions would lead to unreasonable or air results in a narticular case. nrovided that the annlicant demonstrates with narticularitv that comoliance with the schedule will result in substantial e nomic. health or other hards 'n on the a�nlicant reauirin� a variance. or on those served bv the annlicant. Where a conti�uous Dronertv is divided into different zones_ a variance mav be granted hereunder so that each zone mav be i' on davs different than other zones of the nronertv. However. no v'ance mav be ranted that would result ' anv one zone bein� irri�ated more an two davs ne week. Sec. �0-191 - Water Shorta�e Plan and amendments adouted The Villa�e herebv adQnts the Water Shortaee Plan of the District. Chanter 40E- 1. F.A.C.. and subseauent addition or corrections thereto: and the same are herebv fullv onted and incoroorated if fullv set for�h herein at len h. Sec �0-192 - Declarallon of water chn ��p wAtpr chnr't�� P��P Th declaration of water shortase or water shorta�e emereencv within a11 or anv p�rt of the villa�e bv the eovernine board or the executive director of the district shall 'nv e the nrovisions of Section 50-191. non such declaration all water use restrictions or other measures adonted bv the di trict annlicable to the villa�e or anv nortion thereof �11 be subiect to enforcement action nursuant to Section 50-193. Anv violation of the orovisions of Chaoter 40E-21. Florida Administrative Code. or anv order issued oursuan th reto, shall be a violation of ection 50-191. In addition. nrior to anv detemunation or declaration bv the district__ the village mav determine that it has become seriouslv affected bv anv such shortaee of water and the villa�e council mav declaze an emergencv situation and imnlement the nrovisions of Section 50-191. �ec. 50-193 - Enforcement �verv villa�e �olice offcer shall_ in connection with all other_duries imnosed bv 1_�dili�entiv enforce the nrovisions of this division. In addition. the villa�e manaeer so deleeate enforcement resnonsibilitv for 's division to denartments or divisions the villa¢e includinQ but not limited to the code enforcement division other muiicin ovees. or district emnlovees in the service areas �overned bv is division. i ance with state and local law ' Sec. 50-194. - Accentance of re�ulationc bv �erson using water services No water service shall be fumished to anv nerson bv a nublic or orivate utilitv ess such Derson aarees to accent all the nrovisions of this article. The acceotance of water service sh all be in itself the accentance of the nrovisions thereof �ec �0-195 - �dditional declaration • �f emer�encv I the event of a facilitv fail re or c' cumstance outside the immediate i��diction of the ou h Florida Water Mana�ement District which would necessitate curtailment of water nroduction. or other emer�encv related to the nrovision of water ervice. the villa�e mana�er or his de i�nee mav declare the existence of a water shorta�e condition or emergencv which s all activate he nrovisions of Section 50-191. Secs. 50-�9� 1Q(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 pazagraph, 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.