HomeMy WebLinkAbout2009 12 14 Regular 601 Review The Draft Irrigation Ordinance COMMISSION AGENDA
CONSENT
INFORMATIONAL
ITEM 601 PUBLIC HEARING
REGULAR X
December 14, 2009 MGR /DEPT i��
Meeting Authorization
REQUEST: Utility Department Requesting the City Commission Review the Draft
Irrigation Ordinance
PURPOSE: The purpose of this agenda item is for the City Commission to review the draft of the
irrigation ordinance and provide staff with direction on related irrigation issues.
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. To achieve their goal, 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. In addition, we expect to receive our potable water Consumptive Use Permit this
month which will contain a provision requiring the adoption of an irrigation ordinance.
The District adopted the new irrigation rule, 40C -2, in March of this year a copy of which is
attached. The primary change is the limitation to once weekly irrigation during Eastern Standard
time. Attached is a draft of the proposed irrigation ordinance which incorporates the main changes
in the District's new rule. The ordinance was prepared using the District's recommended model
ordinance with minor changes by the City Attorney. There are several deviations which have been
or could be incorporated into this draft. They are:
1. Reclaimed Water Usage Currently, the City restricts the use of reclaimed water to twice
per week. The District rule has no limitation on reclaimed water usage. The City's options
include a) no restrictions, b) follow potable restrictions, or c) twice per week year round.
Staff recommends twice per week year round which is included in the draft.
121409_COMM_Regular_601 _Irrigation_Ordinance_Draft
December 14, 2009
Regular Agenda Item 601
Page 2
2. Enforcement Violations of the irrigation code are currently handled through code
enforcement staff and Code Enforcement Board although they rarely get that far. Oviedo has
structured their enforcement so that violations are an administrative fee added to the water
bill. This reduces the burden on Code Enforcement staff and improves the ability to collect.
Although fines are considered a last resort, staff recommends incorporating provisions for
fines being administrative fees into the irrigation ordinance.
3. Prohibiting Potable Water Usage When Reclaimed Water is Available The City's current
Consumptive Use Permit for withdrawing from Lake Jesup requires the City to to adopt
an ordinance that prohibits the use of potable water for irrigation purposes if reclaimed water
is available." However, there possibly appears to be some latitude for the timeframe over
which this is to occur. Past discussions with the Commission have shown an interest in
using financial incentives to encourage compliance rather than mandates. An additional
incentive for converting to reclaimed could be the twice per week allowed during the winter.
A review was conducted of the compliance success in Chelsea Woods which was
retrofitted with reclaimed water in 2002. We found that of the 134 homes with reclaimed
water available, 10 were still using potable water even with the past huge financial incentive.
In addition, the District's last sentence in the new rule prohibits the use of a private well
when reclaimed water is available. Why the District chose to prohibit well use but not
potable water use is inexplicable. Staff recommends the Commission consider prohibiting
the use of potable water for irrigation when reclaimed water is available within a time
certain (2 or 3 years
4. Irrigation from Stormwater Ponds 40C- 2.042(1)(c) allows irrigation from detention ponds
anytime. Staff recommends that irrigation from detention ponds follow the same guidelines
as reclaimed water.
5. Median Irrigation Due to the varying demands and limited supply associated with
reclaimed water, staff recommends that the latitude be given to allow median irrigation to
vary from the specified days of the week. Irrigation would still be limited to twice per week,
but the days could be different from the designated residential and/or commercial days
which would improve system pressure for the residential customer.
121409_COM M_Regular_601 _Irrigation_Ordinance_Draft
December 14, 2009
Regular Agenda Item 601
Page 3
6. Hose Bibbs The code currently prohibits hose bibs (Sec 19- 137[0) from being used in
connection with the reclaimed water system. Many utilities now allow hose bibs for vehicle
washing and hand irrigation. Staff recommends that the Commission allow hose bibs that
have a quick disconnect style connection that are located in the reclaimed water meter box.
FUNDING:
No funding is needed at this time.
RECOMMENDATION:
Staff recommends the Commission consider the various recommendations related to
the draft irrigation ordinance and direct staff as appropriate.
IMPLEMENTATION SCHEDULE:
The irrigation ordinance will be modified to incorporate the directives from the Commission
and forwarded to the District for the review. The ordinance would be scheduled for first reading
after District comments are received. The first reading is tentatively projected to occur in February
2010.
ATTACHMENTS:
1. Draft Irrigation Ordinance 2010-
2. SJRWMD Irrigation Rule 40C -2
COMMISSION ACTION:
121409_COM M_Regular_60 1 _Irrigation_Ordinance_Draft
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRIPIGS, FLORIDA; AMENDING
CHAPTER 19, UTILI"I`TES OF THE CITY CDE;OF
ORDINANCES PROVIDING FOR LOCAL
IMPLEMENTATION OF WATER C ONSERVATION
RULES OF THE ST. JOTS RIVER WATER
MANAGEMENT purr FOR a'.® E
IRRIGATION; PROVIDING FOR AP 1
PROVIDING LANDSCAPE IRIIIGA 1 4 ULES
PROVIDING FOR EXCEPTIONS 1 APE
IRRIGATION SCHEDULES; PR 4
VARIANCES FROM TIM S DAY i WEEK
LIMITATIONS; PRO 14 i,
PROVIDING FOR THE RE OF PRIOR
INCONSISTENT ORDINAN 1 UTIO
INCORPORATION INTO THE '4 J4'
AND AN E a TE.
WHEREAS, the City is u, un' m; ear 2(b), Article VIII, of the
State Constitution, to exercise any po e I'' a-;, when expressly
prohibited by law; and
WHERE o ver W meat' ct has responsibility and
exclusive authority un• Florida for regulating the consumptive use of
water; and
Jo 'ver W.... ement District has amended Rule 40C-
2.042, its c s 4. Use P by Rule that regulates small irrigation uses
below co ;ye use Rule 40C-2.041(1), F.A.C.; and
WHE Rule 40C 2(2Xa), F.A.C., grants a general permit to each person
located within the 'ct to thdraw or divert water for small i irrigation gatioa
provided that irrigate w 1 with the regulations set forth herein; and
WHEREAS, Rule -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(2Xa), 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(2Xa), F.A.C.; and
WHEREAS, it is the desire of the City Commission of the City of Winter Springs,
Florida to amend its City Code to be consistent with 40C- 2.042(2Xa) and (b), F.A.C.; a
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VI
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, BREVARD 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. Chapter 19, Article VI, Section 22 -271 through
of the Code of Ordinances, City of Winter Springs, Florida, is hereby
amended as follows (underlined type indicates additions and strikeout type indicates deletions,
while asterisks indicate a deletion from this Ordinance of text existing in
It is intended that the text in 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
consistent throughout the City of Winter Springs whenever ground or surface water, from a
private well or pump, reclaimed or alternative water, or from a private or public utility, is utilized
as the source. The provisions of this article shall apply to each person located within the City of
Winter Springs.
Sec. 22 -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
address ending in the numbers 1, 3, 5, 7, 9, or the letters N -Z.
Agriculture. The growing of farm products, including, but not limited to, vegetables,
citrus and other fruits, pasture land, sod or nursery stock including, but not limited to, ornamental
foliage and greenhouse plants.
Code enforcement officer/code inspector. Any authorized agent or employee of the city
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whose duty is to ensure compliance with provisions of this article.
District. The St. Johns River Water Management District.
Impervious. Land surfaces which do not allow the penetration of water including paved
roads, sidewalks, driveways, and parking lots.
Irrigation. The direct application of water by means other than precipitation.
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 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 originates from the water reclamation facility, also called
wastewater effluent, that may be augmented with surface and/or groundwater.
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.
Sec. 22 -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
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.;
(4) No more than 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
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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
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) Installations utilizing water from any source for automatic irrigation systems which were
installed after May 1, 1991, shall be equipped with a water sensing device which will
automatically discontinue irrigation during periods of rainfall. Any person who irrigates
landscape with an automatic lawn sprinkler system shall install, maintain and operate a rain
sensor device in accordance with this paragraph.
Sec. 22 -254. Exceptions.
The following activities shall be excepted from the provisions of this article:
(a) Landscape irrigation by hand watering using an automatic shutoff nozzle, or by low
volume or micro irrigation methods such as soaker hoses, drip irrigation, or microjets, is
allowed anytime.
(b) Landscape irrigation by systems from which the source is reclaimed water is limited to
twice per week year round. 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.
(c)The use of recycled water from wet detention treatment ponds for irrigation is limited to
twice per week.
(d) The operation of irrigation systems for system repair and maintenance, providing such
use does not exceed twenty (20) minutes per hour, per zone.
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(e) Landscape irrigation for purposes of watering in chemicals, including fungicides,
insecticides, herbicides, and fertilizers as required by the manufacturer, or by 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 '/4 inch of water per
application except as otherwise required by law, the manufacturer, or best management
practices.
(fl Landscape irrigation for the purpose of watering in newly planted grass and foliage 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.
(g) Discharge of water from a water -to -air air conditioning unit or other water dependent
cooling system is not limited.
(h) 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 their
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 pressures but in no
case will the two days per week be exceeded.
Sec. 22 -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
Second violation $50.00
Subsequent violations Fine not to exceed $500
Cc) Each day in violation of the provisions of this article shall constitute a separate offense.
Section 3. 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 4. 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.
Page 5 of 6
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
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:
Page 6 of 6
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
CHAPTER 40C -2, F.A.C.
PERMITTING OF CONSUMPTIVE USES OF WATER
Revised March 8, 2009
40C -2.042 General Permit by Rule.
A general consumptive use permit by rule is hereby established for consumptive uses of water listed below
that do not meet or exceed any permitting threshold under subsection 40C- 2.041(1), F.A.C., except as provided
in subsection 40C- 2.042(8), F.A.C. However, this rule shall not apply to domestic uses of water by individuals,
i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or
proposing to use water in a manner not authorized under this rule, must obtain a permit pursuant to Chapters
40C -2, 40C -20, or 40C -22, F.A.C.
(1) The Board hereby grants a general permit to each person located within the District to use, withdraw or
divert water to irrigate agricultural crops, nursery plants, cemeteries, golf courses and recreational areas such as
playgrounds, football, baseball, and soccer fields, provided the irrigation does not occur between the hours of
10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is limited to only that necessary for
efficient utilization. Such water use shall be subject to the following exceptions:
(a) Irrigation using a micro spray, micro jet, drip, or bubbler irrigation system is allowed anytime.
(b) The use water for irrigation 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 by water from another source during peak demand periods.
(c) 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.6
(d) Irrigation is allowed at any time of day for one 30 -day period following planting of agricultural crops or
nursery stock, provided that the irrigation is limited to the minimum amount necessary for crop or plant
establishment. Irrigation of newly planted, seeded or sprigged cemeteries, golf course greens, tees, fairways and
primary roughs, and recreational areas such as playgrounds, football, baseball and soccer fields is allowed at any
time of day for one 60 -day period.
(e) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when
required by law, the manufacturer, or best management practices, is allowed any time of day within 24 hours of
application. Watering in of chemicals should not exceed 'A inch of water per application except as otherwise
required by law, the manufacturer, or best management practices.
(f) Irrigation systems may be operated any time of day for maintenance and repair purposes not to exceed 20
minutes per hour per irrigation zone.
(g) Irrigation of agricultural crops by seepage systems which regulate off -site discharges through the use of
water control structures is allowed anytime, provided the discharge does not overtop the control structure by
more than one -half inch, there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm
event, and the structure is well maintained.
(h) The use of water to protect agricultural crops and nursery plants, except ferns, from frost or freeze
damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service.
(i) The use of water to protect ferns from frost or freeze damage is allowed when the "wet bulb" temperature,
as measured by a "wet bulb" thermometer at the site of application, is 34 degrees Fahrenheit or less. Freeze
protection must cease when temperatures rise above 40 degrees Fahrenheit.
(j) The use of water to protect agricultural crops, nursery plants and golf course turf from heat stress damage
is allowed anytime, provided the watering does not exceed ten minutes per hour per irrigation zone.
(k) Irrigation of agricultural crops by traveling volume guns which require manual repositioning is allowed
anytime.
(1) Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is allowed anytime.
(m) Discharge of water from a water -to -air air conditioning unit or other water dependent cooling systems is
not limited by this permit.
(2)(a) The Board hereby grants a general permit to each person located within the District to use, withdraw
or divert water for landscape irrigation, provided landscape irrigation occurs in accordance with the provisions of
subsection 40C- 2.042(2), F.A.C., and provided the amount of water used is limited to only that necessary for
efficient utilization. For the purpose of this rule, "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, but it 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. For the purpose of this rule, the terms "residential landscape
irrigation" and "non- residential landscape irrigation" are defined in this paragraph (a) as follows. "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. "Non- residential landscape irrigation" means the irrigation 7 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. For the purpose of this rule, "address" means the "house number" of a physical location of a specific
property. This 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.
1. When Daylight Savings Time is in effect, landscape irrigation shall occur 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' 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' 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. Landscape irrigation shall be subject to the following exceptions:
a. Irrigation using a micro spray, micro jet, drip, or bubbler irrigation system is allowed anytime.
b. 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.
c. 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 'A inch of water per application except
as otherwise required by law, the manufacturer, or best management practices.
d. 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 irrigation zone.8
e. Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is allowed at any time of day
on any day.
f. Discharge of water from a water -to -air air conditioning unit or other water dependent cooling system is not
limited by this permit.
g. 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.
h. 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.
4. When reclaimed water is available, the use of a private irrigation well for landscape irrigation is not
authorized under subsection 40C- 2.042(2), F.A.C. Reclaimed water is deemed available when reclaimed water is
provided by a utility though a point of connection.
5. Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991,
shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when
adequate rainfall has occurred.
(b)1. A local government is strongly encouraged to enforce paragraph 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
paragraph 40C- 2.042(2)(a), F.A.C.
2. Where a local government has adopted a landscape irrigation ordinance, if the strict application of the
specified day of the week schedule would lead to unreasonable or unfair results in particular instances, the local
government may grant a variance from the specific day or days for landscape irrigation identified in
subparagraphs 40C- 2.042(2)(a)l. and 2., F.A.C., provided that the applicant demonstrates with particularity that
compliance with the schedule of days for landscape irrigation 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 than other zones of the property. However, no single zone may be irrigated more than 2 days a
week when Daylight Savings Time is in effect and no more than 1 day per week when Eastern Standard Time is
in effect. Local governments shall not grant a variance from any other provision of this rule.
3. At least 30 days prior to the adoption of an ordinance to enforce paragraph 40C- 2.042(2)(a), F.A.C., the
local government shall provide a copy of the proposed ordinance to the District.
(c) A person proposing to use water for landscape irrigation where factors establish the need for irrigation to
occur in a manner other than that authorized in subsection 40C- 2.042(2), F.A.C., may submit an application for a
Standard General Consumptive Use Permit pursuant to Chapter 40C -20, F.A.C., using form 40C- 2- 1082 -2.
Standard General Consumptive Use Permit for Landscape Irrigation, form number 40C -2- 1082 -2, effective 3 -8-
09, is hereby incorporated by reference. This permit application is limited to including no more than 25 nearby
properties within a common plan of development. If a development consists of more than one phase or section,
the 25 properties must be located within a single phase or section. A person seeking authorization to irrigate
more than 1 additional day than that authorized by Rule 40C- 2.042(2), F.A.C., must apply for a 9 Standard
General Consumptive Use Permit pursuant to Chapter 40C -20, F.A.C., using form 40C- 2- 1082 -1.
(3) The Board hereby grants a general permit for all aquacultural consumptive uses of water located
within the District provided the containment or impoundment facility utilized to cultivate the aquacultural
product has no off -site surface water discharge and an aerator is used to add oxygen to the facility when
necessary. Such water use is limited to the amount necessary to accomplish average expected production.
The use of reclaimed water within an aquacultural facility shall not be subject to these restrictions provided
appropriate signs are placed on the property to inform the general public and District enforcement personnel
of such use.
(4) The Board hereby grants a general permit for all existing and proposed ornamental and aerating
fountains within the District, provided the same water is recirculated, there is no off -site discharge and the
fountain is properly installed, maintained and operated to ensure that a minimal amount of water is used.
Non recirculating fountains in existence on 7 -23 -91 shall be retrofitted to meet the requirements of this
subsection by 7- 23 -93.
(5) The Board hereby grants a general permit to each person located within the District to use water to
create a containment or impoundment facility solely for aesthetic purposes, provided the containment or
impoundment facility is not augmented thereafter from any ground or off -site surface water source.
(6) The Board hereby grants a general permit to each person located within the District to use water for
the augmentation of any pond which is 1/2 acre or smaller in size, provided the following conditions are
met:
(a) The water for augmentation shall be withdrawn from a well with an inside diameter of the largest
permanent water bearing casing of no more than 2 inches;
(b) Augmentation of the water level must not occur if the pond is discharging offsite, except that
augmentation may occur to flush the pond no more than two times per year; and
(c) Augmentation of the water level in the pond must not occur above the average water table condition
for the site.
(7) The Board hereby grants a General Permit to each person located within the District to withdraw or
divert water for uses other than those identified in subsections (1) (6) provided the amount is limited to
only that necessary for efficient utilization.
(8) The Board hereby grants a general permit to each person located within the District to withdraw
groundwater from a well solely to irrigate a total of one acre or less of landscape on contiguous property,
provided the withdrawal does not meet or exceed any thresholds of paragraphs 40C- 2.041(1)(a) -(c), F.A.C.
This permit is subject to all the provisions in paragraph 40C- 2.042(2)(a), F.A.C. When reclaimed water is
available, the use of a private irrigation well for landscape irrigation is not authorized under this subsection.
Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of
connection.
Specific Authority 373.044,373.109, 373.113, 373.118, 373.171 FS. Law Implemented 373.019(6),
373.109, 373.118, 373.219, 373.223, 373.250, 373.609, 373.62 FS. History- -New 7 -23 -91 Amended 1 -7 -99,
2- 15 -06, 3 -8 -09