AGENDA MEMORANDUM

 

 

Meeting Date:           May 26, 2009

 

From:                          Raymond S. Sharp, Director, Environmental Services/Public Works

 

Subject:                      Ordinance providing for local implementation of the water conservation rule for landscape irrigation of the St. Johns River Water Management District

 

 

Staff Recommendation:

Staff recommends approval of the ordinance for local implementation of the water conservation rule for landscape irrigation of the St. Johns River Water Management District.

 

Analysis:

In March, 2009, the St. Johns River Water Management District (SJRWMD) adopted a water conservation rule for landscape irrigation.  This rule provides for two-day per week irrigation during Daylight Savings Time and one-day per week irrigation when Daylight Savings Time is not in effect.

 

SJRWMD requests that local governments adopt an ordinance providing for enforcement of the rule within their respective jurisdictions; a model ordinance is provided by SJRWMD as a guideline.  The City Attorney has adapted the model ordinance to our form and content.

 

The City will have a permit condition within its upcoming Consumptive Use Permit renewal that requires adoption of this ordinance.  Most local governments are in the process of adopting, or have already adopted this ordinance – it is appropriate for us to adopt this ordinance now to maintain consistency with irrigation restrictions and enforcement throughout Lake County.

 

This ordinance provides for enforcement of the irrigation rule by warning and fines.  The ordinance calls out an initial warning, followed by a fine which begins at fifty dollars, doubles with each successive violation, to a maximum fine of $1,000.00.  The fine structure contained within this ordinance is identical to that which was adopted by Lake County Board of County Commissioners a few weeks ago.  This will allow enforcement of the irrigation rule to be consistent throughout our service area.

 

Options:

1.  Adopt the ordinance as presented; or,

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impact

There is no direct fiscal impact from this ordinance.  There is the potential for a minor amount of revenue to be generated from fines that may be levied; however, since the purpose of the ordinance is to obtain compliance with the irrigation rules, this will not be a significant revenue stream.  There will be some cost associated with staff time to issue warnings and fines – this, too is unpredictable.

 

Submission Date and Time:    5/20/2009 4:47 PM____

 

Department: Environmental Services

Prepared by:  R. Sharp                     

Attachments:         Yes X    No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes X  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head rss

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No.  N/A 

 

Project No.    N/A

 

WF No.          N/A

 

Budget            N/A

 

Available        N/A


 

ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS; PROVIDING FOR VARIANCES; PROVIDING FOR APPLICABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and

 

            WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and

 

            WHEREAS, Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 29-4 and 29-6, subject to the exceptions set forth in Section 29-5; and

 

            WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and  

 

            WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C-2.042(2)(a), F.A.C.; and

 

            WHEREAS, it is the desire of the City of Leesburg, Florida, to adopt such an ordinance in accordance with 40C-2.042(2)(a) and (b), F.A.C.; and

WHEREAS, the City of Leesburg, Florida, hereby finds and declares that the adoption of this Ordinance is appropriate, and in the best interests of the citizens of the City of Leesburg, Florida.

NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEEBURG, FLORIDA:

 


 

SECTION 1.

 

Chapter 29 of the Code of Ordinances of the City of Leesburg, Florida, is hereby enacted to read as follows: 

Section 29-1.  Short Title.

This Chapter shall be known and cited as the “Water Conservation Ordinance for Landscape Irrigation.”

Section 29-2. Intent and Purpose.

It is the intent and purpose of this Chapter to implement procedures that promote water conservation through more efficient landscape irrigation.

Section 29-3.  Definitions.

For purposes of this Chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

(1)        “Address” means the house number of a physical location of a specific property.  This includes “rural route” numbers but excludes post office box numbers.  If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address.  An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M.  An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.     

(2)        "District" means the St. Johns River Water Management District.

(3)        “Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

(4)        “Landscape irrigation” means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way.  “Landscape irrigation” does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields.

(5)        “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. 

(6)        “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way.


Section 29-4.  Landscape Irrigation Schedules.

 

            (1)        When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

(a)        Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

(b)        Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

(c)        Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

(d)        No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

           

(2)        When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

 

(a)        Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

 

(b)        Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

 

(c)        Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

 

(d)        No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

 

(3)        All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. 

 

 

Section 29-5.  Exceptions to the Landscape Irrigation Schedules.

 

Landscape irrigation shall be subject to the following irrigation schedule exceptions:

 

(1)        Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime.

 

(2)        Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

 


(3)        Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application.  Watering in of chemicals shall not exceed ¼ inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

 

(4)        Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone.

 

(5)        Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

 

(6)        Discharge of water from a water-to-air air-conditioning unit or other water- dependent cooling system is not limited.

 

(7)        The use of water from a reclaimed water system is allowed anytime.  For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

 

(8)        The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

 

Section 29-6.  Additional Requirement.

 

(1)        Any person who irrigates landscape with an automatic lawn sprinkler system that is installed after the effective date of this Chapter shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred.

 

(2)        Any person who replaces or modifies a lawn sprinkler system that was installed prior to the enactment of this Chapter, by more than 51 percent, as determined by the City Manager or designee, shall be required to meet the requirements of this Chapter, including the requirement to maintain and operate a rain sensor device or switch that overrides the irrigations system when adequate rainfall has occurred.

 

Section 29-7.  Variance from Specific Day of the Week Limitations.

 

A variance from the specific landscape irrigation days or day set forth in Section 29-4 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or 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 different days or day than other zones of the property.  However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time.   

 


 

Section 29-8.  Application.

 

The provisions of this Chapter shall apply to each person located within the City of Leesburg, Florida.

Section 29-9.  Enforcement.

This Chapter shall be enforced as provided in Chapter 2, Division 2, of the Code of Ordinances of the City of Leesburg, Florida.

Section 29-10. Violations and Penalties.

 

The following penalties shall be available in the event of a violation of the provisions of this Chapter of the City of Leesburg Code, any other applicable laws, rules, or regulations or permits.

 

(1)        All violations of the terms and conditions of this Chapter, or any other chapter, rule, regulation, or law, may be enforced by enforcement action of the city code enforcement. 

 

(2)        All violators of this Chapter will be penalized as follows:

           

First Violation

Written Warning

Subsequent violations

Minimum of $50.00 for the second violation, doubling for each subsequent violation to a maximum of $1,000.00 for each violation.

(3)        Nothing in this Chapter precludes the city from seeking immediate injunctive relief or taking such other lawful action, including but not limited to, forfeiture of any financial security held by the city to prevent or remedy any violation of this Chapter, or any violation of the terms of any other city code, or any other law, rule, or regulation.

 

(4)        The penalties provided for herein are cumulative. Use of one (1) method of enforcement shall not preclude the city from using other methods of enforcement for the same violation. 

 

SECTION 2.

 

All ordinances or part of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

 

SECTION 3.

 

If any portion of this ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue until full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 


 

SECTION 4.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2009. 

 

 

THE CITY OF LEESBURG

 

By: __________________________

            Mayor

ATTEST:

 

_______________________________­­­­­­­­­________

City Clerk