2012-003 Water Conservation and Landscape Irrigation ORDINANCE NO. 2012-003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
. PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; REPEALING THE CURRENT
CHAPTER 175 OF THE CITY CODE ENTITLED WATER
CONSERVATION FOR LANDSCAPE IRRIGATION AND
ADOPTING A NEW CHAPTER 175 ENTITLED WATER
CONSERVATION FOR LANDSCAPE IRRIGATION,
IRRIGATION SYSTEM DESIGN AND INSTALLATION
STANDARDS, AND EFFICIENT PLUMBING
REQUIREMENTS; PROVIDING FOR TITLE;
AUTHORITY, INTENT AND PURPOSE, AND
DEFINITIONS; PROVIDING FOR EFFICIENT PLUMBING
REQUIREMENTS, PROVIDING FOR IRRIGATION
SYSTEM DESIGN AND INSTALLATION STANDARDS,
PROVIDING FOR WATER CONSERVATION MEASURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the St. Johns River Water Management District ( "SJRWMD ") has
responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water within the SJRWMD; and
WHEREAS, SJRWMD has amended Rule 40C- 2.042, Florida Administrative Code
(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 certain schedules and exceptions 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, the South Florida Water Management District ( "SFWMD ") adopted Rule
40E- 2.061, F.A.C., which grants a No Notice General Permit by rule to use, withdraw, or divert
water at a single family dwelling or duplex for home lawn and ornamental irrigation, car washing,
and other incidental outdoor uses provided that water is obtained from a single onsite withdrawal
facility, and that landscape irrigation is conducted in accordance with Chapters 40E -24, F.A.C.; and
WHEREAS, the SFWMD also amended Chapter 40E -24, F.A.C., which applies to all
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
Ocoee Ordinance Chapter 175 (rev. #11#t/2011)
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, Rule 40E- 24.301(3), F.A.C., authorizes a local government whose
jurisdiction is divided between the SFWMD and another water management district to enact an
ordinance providing for alternative landscape irrigation conservation measures as necessary for the
local government to achieve a uniform schedule within its jurisdiction; and
WHEREAS, Rule 40E- 24.501(3), F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year -round landscape irrigation water conservation measures; and
WHEREAS, the City of Ocoee would like to adopt such an ordinance in accordance with
Rules 40C- 2.042(2)(a) and (b), 40E- 24.201 and 40E- 24.301, F.A.C.; and
WHEREAS, Section 373.228 of Florida Statues requires the City to adopt requirements
that are consistent with Landscape Irrigation and Florida Friendly Design Standards; and
WHEREAS, a copy of this Ordinance has been delivered to the SJRWMD and SFWMD at
least thirty (30) days prior to it adoption; and
WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the
adoption of this ordinance is appropriate, and in the public interest of the citizens of this community.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, and Rule 40C- 2.042, Florida Administrative Code.
SECTION 2. Repeal. Chapter 175 of the Code of Ordinances of the City of
Ocoee, Florida, entitled Water Conservation for Landscape Irrigation, is hereby repealed in its
entirety.
SECTION 3. Adoption of New Chapter. A new Chapter 175 of the Code of
Ordinances of the City of Ocoee, Florida, entitled Water Conservation for Landscape Irrigation,
Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements, is
hereby adopted as follows:
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
CHAPTER 175
WATER CONSERVATION FOR LANDSCAPE IRRIGATION, IRRIGATION SYSTEM
DESIGN AND INSTALLATION STANDARDS, AND EFFICIENT PLUMBING
REQUIREMENTS
§ 175 -1. TITLE; AUTHORITY.
A. This chapter shall be known and may be cited as the "Water Conservation for
Landscape Irrigation, Irrigation System Design and Installation Standards, and
Efficient Plumbing Requirements Chapter ".
B. The city has the authority to adopt this chapter pursuant to Article VIII of the
Constitution of the State of Florida, Chapter 166, Florida Statutes and Rule 40C-
2.042, Florida Administrative Code
§ 175 -2. INTENT AND PURPOSE
It is the intent and purpose of this chapter to implement uniform citywide procedures that
promote water conservation through more efficient landscape irrigation and the installation of
more efficient plumbing fixtures.
§ 175 -3. DEFINITIONS
For the purpose 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.
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.
ADMINISTRATOR -- The Utilities Director or his designee, or such other person
as may, from time -to -time, be designated by the City Manager.
DISTRICT -- The St. Johns River Water Management District
ENERGY STAR® — For this Chapter, Energy Star is the joint program of the
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
U.S. Environmental Protection Agency and the U.S. Department of Energy,
which certifies products and practices that protect the environment and lead to
money- saving through energy and water conservation..
IRRIGATION DESIGN PROFESSIONAL -- An irrigation design professional
shall include state - licensed plumbers operating within the limits of the Florida
Building Code, professional engineers or landscape architects licensed by the
State of Florida, and irrigation designers certified by the Irrigation Association or
Florida Irrigation Society.
IRRIGATION SYSTEM — All piping, fittings, appurtenances, valves and emitters
used to convey to and apply water to landscaping and turf.
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, soccer and athletic fields.
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.
PERSON -- Any person, firm, partnership, association, corporation, company, or
organization of any kind.
PSI — Pressure measured in pounds per square inch.
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.
STANDARDS AND SPECIFICATIONS FOR TURF AND LANDSCAPE
IRRIGATION SYSTEMS (hereafter referred to as Irrigation System Standards) —
This refers to the standards and specifications for turf and landscape irrigation
systems contained in the Florida Irrigation Society publication "Standards and
Specifications for Turf and Landscape Irrigation Systems (5 ed.) or as
amended thereafter and accepted by Resolution of the City of Ocoee City
Commission. Hereafter referred to as "Irrigation Systems Standards."
Ocoee Ordinance Chapter 175 (rev. #1##/2011)
WATERSENSETM -- A U.S. Environmental Protection Agency (EPA) program
for the management of water supplies by working with manufacturers and
retailers to establish efficient plumbing standards, guidelines and certifications.
Water - Wasting -- The inefficient use of water. Examples are broken emitters and
piping, watering non - landscaped areas that do not sheet flow into landscape areas,
improperly adjusted rotors or emitters leading to over - spraying, unattended
flowing hoses and excessive runoff due to improper application rates.
§ 175 -4 EFFICIENT PLUMBING REQUIREMENTS
All new residential, commercial and institutional construction contractors obtaining
City of Ocoee Building Permits, sixty (60) days after the effective date of this Ordinance, shall
incorporate WaterSenseTM plumbing fixtures and Energy Star® appliances into said
construction. In applications where WaterSenseTM plumbing fixtures and Energy Star®
appliances are not available, a written request for an exception must be submitted and approved
by the City. For the exception to be approved, a best alternative water and/or energy
conservative fixture and /or appliance must be identified in the submittal.
§ 175 -5 IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS
A. All new commercial and institutional construction where a new landscape
irrigation system will be installed, or whenever there will be significant (50% or
greater) rehabilitation of an existing landscape irrigation system, the design and
installation of said system, or of a portion of such system, shall be required to be
installed or rehabilitated in a manner consistent with the Irrigation System
Standards.
B. All new or significantly (50% or greater) altered residential construction and /or
residential irrigation systems shall be consistent with the Irrigation System
Standards and consistent with the following additional requirements:
(1) High volume irrigation area(s) shall not exceed sixty percent (60 %) of
total area to be irrigated. Low volume irrigation areas may be utilized in
lieu of any high volume irrigation area.
(2) Irrigation system shall be designed and equipped to operate in the range of
40 to 45 psi at each spray head.
(3) Irrigation system shall be equipped with filter device(s) to ensure emitters
maintain proper cast and coverage.
(4) Turf grass and landscape beds shall be irrigated by distinctly separate
irrigation zones.
(5) Irrigation system shall be designed for maximum uniformity over an
irrigation zone.
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
(6) Spray heads and rotors shall not be mixed within the same zone.
(7) Rotors and sprays in turf areas shall be spaced to achieve head -to -head
coverage.
(8) No irrigation risers shall be installed.
(9) There shall be a minimum of four (4) inches between distribution
equipment and pavement.
(10) The landscape irrigation system shall be designed so that there is no direct
spray onto buildings, roadways, driveways or other hardscape leading to
water - wasting.
(11) All irrigation systems shall be equipped with irrigation controller(s)
having non - volatile memory or battery backup which retains the irrigation
schedule during and /or after power outages.
C. All irrigation systems must be properly installed and maintained, and must
operate technology such as rain and /or soil moisture sensors which inhibit or
interrupt operation of the irrigation systems during periods of sufficient
moisture.
D. Nothing within this Chapter shall require the installation of an irrigation system.
Requirements for installing irrigation systems are specified in other locations
within the City Code of Ordinances and /or the Land Development Code.
E. All irrigation systems shall be designed by an Irrigation Design Professional
consistent with the Irrigation System Standards and as set forth in this Section
175.
F. A "Letter of Certification of the Design for an Irrigation System" by an
Irrigation Design Professional certifying the design is consistent with the
requirements of Chapter 175 shall be required to obtain a building or irrigation
permit before issuance of said permit.
G. A "Letter of Completion Certifying Compliance with Design for Irrigation
System" by an Irrigation Design Professional consistent with the design shall be
required before issuance of a Certificate of Completion.
H. The effective date of this section shall be incorporated into all new permits
issued sixty (60) days after the effective date of this Ordinance.
§ 175 -6 WATER CONSERVATION MEASURES
§ 175 -6.1 Scheduling
Ocoee Ordinance Chapter 175 (rev. #//4/2011)
A. When Daylight Saving 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.; and
(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.; and
(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 depth of water may be applied to an irrigation zone
on each day that landscape irrigation occurs and in no event shall
landscape irrigation occur for more than one (1) hour per irrigation zone
on each day that landscape 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 depth of water may be applied to an irrigation
surface on each day that irrigation occurs and in no event shall landscape
irrigation occur for more than one (1) hour per irrigation zone on each day
that landscape irrigation occurs.
C. All landscape irrigation shall be limited in amount to only that which is necessary
to meet landscape needs.
§ 175 -6.2 EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
A. Irrigation using a micro - spray, micro jet, drip or bubbler irrigation system is
allowed anytime.
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
B. Irrigation of new landscape is allowed any time of day on any day for the initial
thirty (30) days 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 area
and /or 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
practice, is allowed any time of day on any day within 24 hours of application.
Watering in of chemicals shall not exceed 1 /4 inch of water per application except
as otherwise required by law, the manufacturer, or best management practice.
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 zone.
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.
G. The use of water from a reclaimed water system is allowed anytime. For the
purpose of this exception, 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 source.
§ 175 - 6.3 ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION SYSTEMS
All irrigation systems shall be properly maintained so as to minimize the wasting of
water. Improper maintenance of irrigation systems shall include but not be limited to broken
heads, valves that do not properly open or close, sprinkler heads improperly adjusted or
obstructed, leaking heads /fittings /piping, and /or malfunctioning timers.
§ 175 -6.4 VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS
A variance from the specific landscape irrigation days or day set forth in this chapter may be
granted by the Administrator 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 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
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
Daylight Saving Time or more than one day per week during Eastern Standard Time.
§ 175 -6.5 CITYWIDE APPLICATION OF CHAPTER
The provisions of this Chapter shall apply to all property and each person located within
the corporate limits of the City, including property located within the South Florida Water
Management District.
§ 175 -6.6 ENFORCEMENT.
A. The Administrator shall oversee the daily administration of the provisions of this
Chapter, including enforcement and the maintenance of records regarding violations
of this Chapter. The Administrator is specifically authorized to enforce the
provisions of this Chapter and issue citations and levy fines in connection
therewith.
B. Every police officer having jurisdiction in the City of Ocoee shall, in connection
with all other duties imposed by law, diligently enforce the provisions of this
Chapter and shall have the authority to issue citations and levy fines in connection
therewith. In addition, the City Manager may also delegate enforcement
responsibility for this chapter to designated employees of the city, who shall have
the authority to enforce the provisions of this Chapter and issue citations and levy
fines in connection therewith.
C. A Notice of Warning and /or Notice of Violation shall be provided to customers
by placement of a door hanger and by U.S. mail. The mailing requirement may
be satisfied by including any such notice in the monthly water bill issued by the
city. Failure of resident to receive notification shall not excuse the customer from
a violation.
D. Any fines levied under this Chapter shall be in accordance with the provisions of
Section 175 -10.
E. Any person who receives a Notice of Violation under the provisions of this
Chapter may appeal the issuance of such Notice of Violation and the imposition
of the fine or fee in writing to the Administrator, who shall have the authority to
waive the fine or fee as provided in Section 175 -11.
§ 175 -6.7 PENALTIES
A. Any person violating any provision of this Chapter shall be subject to the
following fines or fees:
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
Schedule Violation
A violation of any requirements as specified in Chapter
175, excluding mechanical violations.
Occurrence Fines
First Violation Written Warning
Second Violation $ 50.00
Third Violation $100.00
Fourth Violation $250.00
Fifth and Greater Violation $500.00
Mechanical Violation
A violation of water - wasting as defined in Section § 175 -3.
Occurence Fines
Per mechanical $25 per daily
failure *a observation, beginning
violation ten (10) days after
initial notification of
observation
* Multiple incidences of water - wasting which occur by the same
customer, same property and /or by a single irritation system shall be
deemed as separate mechanical violations.
B. The above fines or fees shall be applicable to both residential and non - residential
water users. Each day such a violation is committed or permitted to continue
shall constitute a separate offense. Following the expiration of the appeal period
as set forth in Section 175 -11 below (or following the disposition of an appeal if a
timely appeal is filed with the Administrator and such appeal is denied), fines or
fees levied pursuant to this section shall be set forth in the violator's monthly
water bill issued by the city for potable water service and shall be considered as
an additional fee for receipt of potable water service. If such water bill is not paid
in full, including the fine or fee levied in conjunction herewith, in the time
allowed for payment of such bill as provided in Chapter 173 of the City Code,
then the city shall have the right to collect such fine or fee in the same manner as
the collection of other water fees and charges, including but not limited to the
right to terminate water service to the violator pursuant to the provisions of § 173-
4 of the City Code.
Ocoee Ordinance Chapter 175 (rev. #/##/2011)
C. The Administrator is hereby authorized to waive any monetary fine if the violator
agrees to attend a City- sponsored water conservation event, take a self -study
course /program approved by the Administrator (verification required), attend a
water conservation program approved by the Administrator and /or attend or
participate in another water conservation education opportunity approved by the
Administrator. Any violator who agrees to the foregoing in order to obtain the
waiver of a fine must submit acceptable documentation of compliance to the
Administrator within ninety (90) days from the date of the Notice of Violation. In
the event acceptable documentation is not submitted within said timeframe, then
the Administrator may reinstate the fine. This provision shall not be continually
extended to chronic and /or patterned violators. The Administrator shall maintain
records of any monetary fines waived pursuant to the foregoing provision.
§175 -6.8 APPEAL OF VIOLATIONS
A. All appeals must be in writing and submitted to the Administrator within twenty -
eight (28) days of the date of the Notice of Violation. All supporting
documentation must accompany the appeal.
B. Appeal of a violation may be granted by the Administrator based on the
following:
(1) Damaged Irrigation System: Violations that are directly attributed to failure of
an irrigation system may be overturned following repair of the system. A
repair bill or material ticket is required for the overturning of the violation on
this basis.
(2) Situations beyond the Control of the Violator: Violations due to situations that
are beyond the control of the violator may be overturned. Specific
circumstances must be presented in the appeal.
(3) Clear evidence is submitted that the water use falls under one of the
exceptions listed in Section 175 -5.
C. Appeals shall be reviewed by the Administrator and customer shall be notified in
writing as to disposition of the appeal. No hearings shall be allowed in
connection with the appeal. However, the Administrator may request additional
information from the violator.
D. The decision of the Administrator constitutes final action by the City on the
•
appeal.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
Ocoee Ordinance Chapter 175 (rev. #/##12011)
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the Code is accomplished, sections of this Ordinance may be renumbered or re- lettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or re- codified copy of same with
the City Clerk.
SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 11 day of Allxual, .QUIZ.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
t L'e1/4_ . 9 1 (
et Likenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED 6 ,-201-1elota
READ FIRST TIME 3 ' +er (0, 2011
READ SECOND TIME AND ADOPTED
Ocoee Ordinance Chapter 175 (rev. #/#1#2011)
JO 1\1aar fl , 4 oka
UNDER AGENDA ITEM NO. ,5
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this l )day oft c. , 2011
FOLEY & ARDNER LLP
By: dA,A741(ye,
City Attorney
Ocoee Ordinance Chapter 175 (rev. #/##!2011)