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HomeMy WebLinkAbout2010 04 26 Public Hearing 500 Second Reading Ordinance 2010-11 Amends The City's Irrigation Rules And Regulations COMMISSION AGENDA CONSENT INFORMATIONAL ITEM 500 PUBLIC HEARING X REGULAR April 26, 2010 MGR /DEPT Meeting Authorization REQUEST: Utility Department Requesting the City Commission approve on Second Reading Ordinance #2010 -11 which Amends the City's Irrigation Rules and Regulations SYNOPSIS: The purpose of this agenda item is for the City Commission to adopt changes to Chapter 19 relating to irrigation and the associated schedules, restrictions, exceptions and enforcement procedures. CONSIDERATIONS: This agenda item is needed to satisfy the St. Johns River Water Management District's goal of having each local government adopt an irrigation ordinance encompassing the District's new irrigation rule. Adoption of a District approved Landscape Irrigation Ordinance is also addressed in Permit Condition #23 of our recently received 20 year Consumptive Use Permit; 23. Within one year of permit issuance, the permittee shall adopt a city -wide landscape irrigation ordinance that fully implements the landscape irrigation provisions in District Rule 40C- 2.042(2), Florida Administrative Code, and that also restricts the use of reclaimed water by the City's reclaimed water customers to no more than two days per week. The ordinance must include adequate enforcement mechanisms and it may not regulate in any other manner the consumptive use of water. In addition, the District is withholding funding from the SR 46 Alternative Water Supply working group until each of the participating entities adopts an ordinance approved by the District. The City Commission reviewed a draft of this ordinance on December 14, 2009 and this ordinance reflects the directions given at that meeting. In summary, they are: Potable Water Usage — Once per week in the winter, twice per week in the summer Reclaimed Water Usage — Limited to twice per week year round Enforcement — Violations are treated as code infractions 042610_COMM_Public_ Hearing _500_Irrigation_Ordinance 2010 -11 April 26, 2010 Public Hearing Agenda Item 500 Page 2 Prohibiting Potable Water Usage When Reclaimed Water is Available — Not addressed Irrigation from Stormwater Ponds — Limited to twice per week year round, Wet detention definition expanded for clarification. Median Reclaimed Water Irrigation — Twice per week year round although the two days may vary. Hose Bibbs for reclaimed water — Will be allowed with a quick disconnect style connection that are located in the reclaimed water meter box. FISCAL IMPACTS: No funding is required at this time. It is likely that the reduction to once per week potable water irrigation will result in some reduction in revenues in the future. COMMUNICATION EFFORTS: The lead role in educating the public on changes to the rule will be undertaken by the water conservation coordinator position which has been filled by Stephanie Wolfe. Efforts will include a new water conservation web page, proactive customer contact with high users, school education program, mailers and presentations to any interested groups (HOA's, etc.). The approach will be education before enforcement. RECOMMENDATION: Staff recommends the City Commission hold a public hearing and adopt on second reading Ordinance 2010 -11 amending Chapter 19 of the Code of Ordinances regarding landscape irrigation. ATTACHMENTS: 1. Ordinance 2010 -11 0426! 0_COM M_ Public _Hearing_500_Irrigation_Ordi nance_2010 -11 ORDINANCE NO. 2010 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 19, UTILITIES OF THE CITY CODE; PROVIDING FOR LOCAL IMPLEMENTATION OF WATER CONSERVATION RULES OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR LANDSCAPE IRRIGATION; PROVIDING FOR APPLICABILITY; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR ENFORCEMENT; AMENDING SECTION 19 -137 REGARDING RECLAIMED WATER SYSTEMS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS RELATED TO RECLAIMED WATER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and 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 consistent with the authority granted to it under the laws of Florida; 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 the regulations set forth therein; 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 local governments 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 City of Winter Springs Ordinance No. 2010 - Page 1 of 7 WHEREAS, it is the desire of the City Commission of the City of Winter Springs, Florida to amend its City Code to implement Rule 40C- 2.042(2)(a) and (b), F.A.C., consistent with Florida law; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment — New Chapter 19 Article VII. Chapter 19 of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended to create a new Article VII titled, "Water Conservation and Landscape Irrigation" as follows (underlined type indicates additions and stFikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 19. Utilities * ** Article VII. Water Conservation and Landscape Irrigation Sec. 19 -251. Purpose; Applicability. The purpose of this article is to implement procedures that promote water conservation through more efficient landscape irrigation, as well as to establish a regulatory framework to ensure that water and landscape irrigation conservation will be conducted in a consistent manner throughout the City of Winter Springs. This ordinance applies to landscape irrigation. regardless of whether the water comes from ground or surface water. from a private well or pump. from a private or public utility. or from the City's reclaimed water system. The provisions of this article shall apply to each person located within the City of Winter Springs. Sec. 19 -252. Definitions. The following definitions shall apply within this article: Address. 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 City of Winter Springs Ordinance No. 2010 Page 2 of 7 address ending in the numbers 1.3. 5. 7. 9, or the letters N -Z. Code enforcement officer /code inspector. Any authorized agent or employee of the city whose duty is to ensure compliance with provisions of this article. District. The St. Johns River Water Management District. Irrigation. The process of artificially applying water to plant growth media or directly to living plant material. Irrigation systems. Equipment and devices which deliver water to plants being irrigated including. but not limited to pipelines. control structures. pipes and ditches. pumping stations, emitters, valves and fittings. Person. Any person. firm. partnership. association. corporation, company. or organization of any kind. Landscape Irrigation. 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 irrigation related to 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. Reclaimed Water. Water that is reused after one or more public supply, municipal. industrial, commercial or agricultural uses. Residential landscape irrigation. 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. Non - residential landscape irrigation. 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. Wet Detention. The collection and temporary storage of stormwater in a permanently wet impoundment in such a manner as to provide for treatment through physical. chemical. and biological processes with subsequent gradual release of the stormwater. The key components of wet detention ponds that distinguish them from other ponds are: 1) outlet structure having a drawdown device designed to meet specific recovery time requirements: and 2) permanent pool designed to provide a minimum residence time requirements during the wet season. Sec. 19 -253. Landscape Irrigation Schedules, Variances, and Restrictions. (a) When Daylight Savings Time is in effect. landscape irrigation shall occur only in accordance with the following irrigation schedule: (1) 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._ (2) Residential landscape irrigation at even numbered addresses may occur only on City of Winter Springs Ordinance No. 2010 -_ Page 3 of 7 Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; (3) 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 14) No more than 3 /4 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 one (1) hour per irrigation zone on each day that irrigation occurs. (b) When Eastern Standard Time is in effect. landscape irrigation shall occur only in accordance with the following irrigation schedule: (1) 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 (2) 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 (3) Non - residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and (4) No more than 3 /4 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 one (1) hour per irrigation zone on each day that irrigation occurs. (c) A variance from the specific landscape irrigation days or day set forth herein may be granted by the City Manager or City Manager's designee 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. (d) All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. (e) Any person who purchases and installs an automatic irrigation system must properly install. maintain. and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. Sec. 19 -254. Exceptions. Landscape irrigation shall be subject to the following exceptions: (a) Irrigation using a hand -held hose equipped with an automatic shutoff nozzle is allowed at any time of day on any day. (b) Irrigation using a micro - spray, micro jet. drip. or bubbler irrigation system is allowed anytime. City of Winter Springs Ordinance No. 2010 - Page 4 of 7 (c) For reclaimed water customers of the City, the use of reclaimed water for landscape irrigation is limited to twice per week year round. and subject to the same time and duration requirements in section 19 -253. 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. For those persons who received reclaimed water from another utility. the use of reclaimed water is allowed anytime. (d) 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 source. (e) The operation of irrigation systems for system repair and maintenance. is allowed any time of any day. providing such use does not exceed twenty (20) minutes per hour. per irrigation zone. (f) Landscape irrigation for purposes of watering in chemicals, including fungicides. insecticides, pesticides, herbicides. and fertilizers as required by the manufacturer, federal or state laws. or best management practices. is allowed at any time of day on any day within twenty -four (24) hours of application. Watering in of chemicals shall not exceed ''A inch of water per application except as otherwise required by law, the manufacturer. or best management practices. (g) Landscape irrigation for the purpose of watering in new landscape is allowed at any time of day on any day for the first thirty (30) days after initial installation. and every other day for the next thirty (30) days for a total of one sixty (60) day period. provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. (h) Discharge of water from a water -to -air air - conditioning unit or other water - dependent cooling system is not limited. (i) Irrigation of City owned medians. rights of ways, and common areas with reclaimed water is limited to two days per week year round. However. the City Manager or the City Manager's designee may alter the days of the week these areas are irrigated in order to more evenly distribute the irrigation demand throughout the week and improve system pressure but in no case will the two days per week be exceeded. Sec. 19 -255. Enforcement. (a) Failure to comply with the requirements of this article shall constitute a violation of a city ordinance, and may be punished as provided by Section 166.0415. Florida Statutes. (b) Violations of the provisions of this article may also be punished. pursuant to Section 162.21. Florida Statutes. as a civil infraction. Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Written Warning City of Winter Springs Ordinance No. 2010 - Page 5 of 7 Second violation $50.00 Subsequent violations Fine of a minimum of $75 and not to exceed $500. depending on the number of previous violations and the gravity of the violation. (c) Each day in violation of the provisions of this article shall constitute a separate offense. Sec. 19-256-19-299. Reserved. Section 4. Code Amendment — Section 19- 137(d). Section 19 -137 (d) of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended as follows (underlined type indicates additions and stfikeeut type indicates deletions): Sec. 19 -137 (d) Landscape irrigation system requirements. All landscape irrigation systems that are connected to the reclaimed water lines shall be inground without over -spray to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water system will net be allowed. The use of reclaimed water is for irrigation purposes only. It is unlawful to make connections from the reclaimed water system to any building or other source of water supply. Inspections of all irrigation systems installed will be made by utility personnel prior to connection to the reclaimed water system. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs, City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2010 -_ Page 6 of 7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. John F. Bush, Mayor ATTEST: Andrea Lorenzo - Luaces, MMC City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY Anthony A. Garganese City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -_ Page 7 of 7 ORDINANCE NO. 2010 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 19, UTILITIES OF THE CITY CODE; PROVIDING FOR LOCAL IMPLEMENTATION OF WATER CONSERVATION RULES OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR LANDSCAPE IRRIGATION; PROVIDING FOR APPLICABILITY; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR ENFORCEMENT; AMENDING SECTION 19 -137 REGARDING RECLAIMED WATER SYSTEMS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS RELATED TO RECLAIMED WATER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and 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 consistent with the authority granted to it under the laws of Florida; 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 the regulations set forth therein; 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 local governments 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 City of Winter Springs Ordinance No. 2010 -11 Page 1 of 7 WHEREAS, it is the desire of the City Commission of the City of Winter Springs, Florida to amend its City Code to implement Rule 40C- 2.042(2)(a) and (b), F.A.C., consistent with Florida law; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment — New Chapter 19 Article VII. Chapter 19 of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended to create a new Article VII titled, "Water Conservation and Landscape Irrigation" as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 19. Utilities * ** Article VII. Water Conservation and Landscape Irrigation Sec. 19 - 251. Purpose; Applicability. The purpose of this article is to implement procedures that promote water conservation through more efficient landscape irrigation, as well as to establish a regulatory framework to ensure that water and landscape irrigation conservation will be conducted in a consistent manner throughout the City of Winter Springs. This ordinance applies to landscape irrigation, regardless of whether the water comes from ground or surface water, from a private well or pump, from a private or public utility, or from the City's reclaimed water system. The provisions of this article shall apply to each person located within the City of Winter Springs. Sec. 19 - 252. Definitions. The following definitions shall apply within this article: Address. 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 City of Winter Springs Ordinance No. 2010 -11 Page 2 of 7 address ending in the numbers 1, 3, 5, 7, 9, or the letters N -Z. Code enforcement officer /code inspector. Any authorized agent or employee of the city whose duty is to ensure compliance with provisions of this article. District. The St. Johns River Water Management District. Irrigation. The process of artificially applying water to plant growth media or directly to living plant material. Irrigation systems. Equipment and devices which deliver water to plants being irrigated including, but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. Person. Any person, firm, partnership, association, corporation, company, or organization of any kind. Landscape Irrigation. 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 irrigation related to 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. Reclaimed Water. Water that is reused after one or more public supply, municipal, industrial, commercial or agricultural uses. Residential landscape irrigation. 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. Non - residential landscape irrigation. 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. Wet Detention. The collection and temporary storage of stormwater in a permanently wet impoundment in such a manner as to provide for treatment through physical, chemical, and biological processes with subsequent gradual release of the stormwater. The key components of wet detention ponds that distinguish them from other ponds are: 1) outlet structure having a drawdown device designed to meet specific recovery time requirements; and 2) permanent pool designed to provide a minimum residence time requirements during the wet season. Sec. 19 - 253. Landscape Irrigation Schedules, Variances, and Restrictions. fa) When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: (1) 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.; (2) Residential landscape irrigation at even numbered addresses may occur only on City of Winter Springs Ordinance No. 2010 -11 Page 3 of 7 Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; (3) 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 (4) No more than 3 /4 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 one (1) hour per irrigation zone on each day that irrigation occurs. (b) When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: (1) 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 (2) 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 (3) Non - residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and (4) No more than 3 /4 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 one (1) hour per irrigation zone on each day that irrigation occurs. (c) A variance from the specific landscape irrigation days or day set forth herein may be granted by the City Manager or City Manager's designee 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. (d) All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. (e) Any person who purchases and installs an automatic irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. Sec. 19 - 254. Exceptions. Landscape irrigation shall be subject to the following exceptions: (a) Irrigation using a hand -held hose equipped with an automatic shutoff nozzle is allowed at any time of day on any day. (b) Irrigation using a micro - spray, micro jet, drip, or bubbler irrigation system is allowed anytime. City of Winter Springs Ordinance No. 2010 -11 Page 4 of 7 (c) For reclaimed water customers of the City, the use of reclaimed water for landscape irrigation is limited to twice per week year round, and subject to the same time and duration requirements in section 19 -253. 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. For those persons who received reclaimed water from another utility, the use of reclaimed water is allowed anytime. (d) 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 source. (e) The operation of irrigation systems for system repair and maintenance, is allowed any time of any day, providing such use does not exceed twenty (20) minutes per hour, per irrigation zone. (f) Landscape irrigation for purposes of watering in chemicals, including fungicides, insecticides, pesticides, herbicides, and fertilizers as required by the manufacturer, federal or state laws, or best management practices, is allowed at any time of day on any day within twenty -four (24) hours of application. Watering in of chemicals shall not exceed Y4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices. (g) Landscape irrigation for the purpose of watering in new landscape is allowed at any time of day on any day for the first thirty (30) days after initial installation, and every other day for the next thirty (30) days for a total of one sixty (60) day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. (h) Discharge of water from a water -to -air air - conditioning unit or other water - dependent cooling system is not limited. CO Irrigation of City owned medians, rights of ways, and common areas with reclaimed water is limited to two days per week year round. However, the City Manager or the City Manager's designee may alter the days of the week these areas are irrigated in order to more evenly distribute the irrigation demand throughout the week and improve system pressure but in no case will the two days per week be exceeded. Sec. 19 - 255. Enforcement. (a) Failure to comply with the requirements of this article shall constitute a violation of a city ordinance, and may be punished as provided by Section 166.0415, Florida Statutes. (b) Violations of the provisions of this article may also be punished, pursuant to Section 162.21, Florida Statutes, as a civil infraction. Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Written Warning City of Winter Springs Ordinance No. 2010 -11 Page 5 of 7 Second violation $50.00 Subsequent violations Fine of a minimum of $75 and not to exceed $500, depending on the number of previous violations and the gravity of the violation. (c) Each day in violation of the provisions of this article shall constitute a separate offense. Sec. 19-256-19-299. Reserved. Section 4. Code Amendment — Section 19- 137(d). Section 19 - 137 (d) of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 19 - 137 (d) Landscape irrigation system requirements. All landscape irrigation systems that are connected to the reclaimed water lines shall be inground without over -spray to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water system will net be allowed. The use of - • - - . - • . - • • . . • .. - . It is unlawful to make connections from the reclaimed water system to any building or other source of water supply. Inspections of all irrigation systems installed will be made by utility personnel prior to connection to the reclaimed water system. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs, City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2010 -11 Page 6 of 7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of April, 2010. a n F. Bush, Mayor ATTEST: 1 An. * orenzo- Luaces, MMC City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR ITY OF WINTER SPRINGS ONLY Anthony A. Garganese City Attorney First Reading: April 12, 2010 Second Reading: April 26, 2010 Effective Date: April 26, 2010 City of Winter Springs Ordinance No. 2010 -11 Page 7 of 7