HomeMy WebLinkAboutOrdinance_04-12_04/12/2011 ORDINANCE NO. 4-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, 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; PROVIDING THAT
EACH AND EVERY OTHER 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 CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, 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 permit is that the 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 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 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 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. - Pu ose.
Sec. 50 -182. - Applicability; statutory authority.
Sec. 50 -183. - Definitions.
Sec. 50 -184. - Penalties.
Sec. 50 -185. - Additional remedies; disposition 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 landscape irri atg ion.
Sec. 50 -190. – Exemptions to year round restrictions on landscape irrigation.
Sec. 50 -191. – Water Shortage Plan and amendments adopted.
Sec. 50 -192. – Declaration of water shortage; water shortage emergency.
Sec. 50 -193. – Enforcement.
Sec. 50 -194. – Acceptance of regulations by persons using water services.
Sec. 50 -195. – Additional declarations of emergency.
Secs. 504-4 196-50 -210. - Reserved.
Sec. 50 -181. - Purpose.
The purpose of this article is to establish a regulatory framework and guidance
document which will protect the water resources of the village from the harmful effects
of over utilization during periods of water shortage, to allocate available water supplies
by assisting the South Florida Water Management District in the implementation of its
water shortage plan, and to help ensure consistent water and landscape irrigation
conservation throughout the village on a year round basis
Sec. 50 -182. - Applicability; statutory authority.
i
(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
apply to those persons using saltwater, or as otherwise specified herein.
(b) This article is adopted under the authority of F.S. ch. 166 425.
See. 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 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 requirements of the plant being irrigated and to allow that water to be placed
with a high degree of efficiency in the root zone of the plant. The term also includes
water used in mist houses and similar establishments for plant propagation. Overhead
irrigation and flood irrigation are not included o r below the soil s rf ee as drops
tiny streams of spray through erait4ers or applieatefs plaeed a4eng a water delivery line.
,
Micro - irrigation means the application of small quantities of water on or below
the soil surface as drops or tiny streams of spray through emitter or applicators placed
along a water delivery line. Micro - irrigation includes a number of methods or concepts
such as bubbler, drip, trickler, mist, or microsprav, and subsurface irrigation.
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
treatment and basic disinfection and is reused after flowing out of a wastewater
treatment facility as defined by Rule 62- 40.210, F.A.C.
Village means the Village of Teguesta
Water resources means any and all water on or beneath the surface of the
ground, including natural or artificial water courses. lakes. ponds, or diffused surface
water, and water percolating, standing, or flowing beneath the surface of the ground.
Water shortage condition is when sufficient water is not available to meet
resent or anticipated needs of persons using the water resource, or when conditions are
such as to require temporary reduction in total water usage within a particular area to
protect the water resource from serious harm. A water shortage usually occurs due to
druh.
Water shortage emergency means that situation when the powers which can be
exercised under part II. Declaring and Implementing Water Shortage of Chapter 40E-
1. F.A.C., are not sufficient to protect the public health, safety, or welfare, or the
health of animals, fish or aquatic life, or a public water supply, or commercial,
i dus�griculturaL recreational, or other reasonable uses of the water supply.
Sec. 50 -184. - Penalties.
(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) Alternatively. any person cited for a violation of this article has a right to appear
before the special magistrate to contest the violation. Pursuant to section 2 -151 et seq..
e special magistrate my impose by a fine not to exceed $250.00 per day fora first
violation and $500.00 per day for repeat violations. In addition, anv person found to be
in violation of this article by the special magistrate shall pay all costs and expenses
incurred by the village in prosecuting the case.
Any per-son, upon eenvietion of sueh violation, shall be punishable in aeeer-daftee
, Mth seetion 1 1 q, and in addition shall pay all eosts and expenses invelved in the ease.
vielation of this aftiele shall Fesult in feveeation of an) pefmit gfanted for- eenstfuetion Of
renovation under- this aftiele.
Sec. 50 -185. - Additional remedies; disposition of fines.
(a) i iolations of th ('. i6i . r'r o f the aft may also be pun ished, pur-sua t,
t; 2 1 51 cq_ the s ma m im b ° line not t ° ° ° $2 nn
per- day for- a first vielation and $500.00 per- day for a repeat violation.
(b) �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 article.
bl A violation of this article shall result in revocation of any permit granted for
construction or renovation under this article.
(e) Violations of this artiele punishable by eivil fine pufsuant to F.S. eh. 163 shall
fe f °,l to the s a l mas
{4} Lc 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.
See. 50 -186. - Cross connection and backflow P revention.
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 A 112.19.2M -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 A112.18.1M -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 irrigation systems.
j Sec. 50 -188. - Plan review and inspection fees.
I
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 _� irrigation.
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T_ he Village hereby adopts the rules of the District. Chanter 40E- 24.201 (1) -(6)
F.A.C., and subsequent additions or corrections thereto; and the same are hereby fully
adopted and incomrated as if fully set forth herein at length.
Sec. 50 -190. — Exemptions In veariound restrictions on landscape irrigation
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
minim 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 50- 189 (a).
(6) Variances from the schedule of specific irrigation days may be granted if
strict application of the year round restrictions would lead to unreasonable or
fair results in a particular case, provided that the applicant demonstrates with
particularity that compliance with the schedule will result in substantial
economic, health or other hardship on the applicant requiring a variance, or on
those served by the applicant. Where a contiguous property is divided into
different zones, a variance may be granted hereunder so that each zone may be
irrigated on days different than other zones of the property. However, no
variance may be granted that would result in any one zone being irrigated more
than two days per week.
See, 50 -191. - Water Shortage Plan and amendments adopted.
The Villa e hereby adopts the Water Shortage Plan of the District. Chanter 40E-
21. F.A.C.. and subsequent additions or corrections thereto: and the same are hereby fully
adopted and incorporated as if fully set forth herein at length.
Sec. 50 -192. - Declaration of water shortage: water shortage emergency.
The declaration of water shortage or water shortage emergency within all or any
part of the village by the governing board or the executive director of the district shall
invoke the provisions of Section 50 -191. Upon such declaration all water use restrictions
or other measures adopted by the district applicable to the village, or any portion thereof .
shall be subject to enforcement action pursuant to Section 50 -193. Any violation of the
provisions of Chanter 40E -21, Florida Administrative Code, or any order issued pursuant
thereto shall be a violation of Section 50 -191. In addition, prior to any determination or
declaration by the district, the village may determine that it has become seriously
affected by any such shortage of water and the village council may declare an emergency
situation and implement the provisions of Section 50 -191.
Sec. 50 -193. - Enforcement.
I
Every village police officer shall. in connection with all other duties imposed by
law, diligently enforce the provisions of this division. In addition, the village manager
may also delegate enforcement responsibility for this division to departments or divisions
of the village, including but not limited to the code enforcement division, other municipal
employees, or district employees in the service areas governed by this division, in
accordance with state and local law.
See. 50 -194. - Acceptance of regulations by persons using water services,
No water service shall be furnished to any person by a public or private utility
unless such person agrees to accept all the provisions of this article. The acceptance of
water service shall be in itself the acceptance of the provisions thereof.
Sec. 50 -195. - Additional declarations of emergency.
In the event of a facility failure or circumstance outside the immediate
jurisdiction of the South Florida Water Management District which would necessitate
curtailment of water production, or other emergency related to the provision of water
service, the village manager or his designee may declare the existence of a water shortage
condition or emergency which shall activate the provisions of Section 50 -191.
Secs. 50 4-94 122(1-50 -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.
Upon Second Reading this 12 day of April 2012, the foregoing Ordinance was offered by
Council Member Brennan who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Frank D'Ambra X
Council Member Steve Okun X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of April
2012.
MAYOR OF TEQUESTA
r'
Tom Patern
ATTEST:
E 0.
GORp0
Lori McWilliams, MMC =cn: �09p q� m:_
Village Clerk O9 ~=