Loading...
HomeMy WebLinkAbout07-054 I- 0:: ::::I o o Z I- 0 5 Cl: o 0 0:: iIi Õ ~ ~ :28 I- 0..0 LL ~r! o "'''' ~ o~ a:: ';1 ~>l:;~ o.!z§:;; '¡¿::::I~<!l«8 . 0 - . >o~o..~ o::w~r-"" u..-~a;0 .g~NZ ~..J~~15 Z '" 0 Cl: -1-.00 3:~waJu cCC...JCl:w W CI) ¡¡: 0 Cl: , , ORDINANCE NO. 07-054 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-20.5 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO LIMIT IRRIGATION HOURS; TO REQUIRE PERSONS PURCHASING IRRIGATION SYSTEMS TO INSTALL A RAIN SENSOR DEVICE; TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO DECLARE A WATER SHORT AGE OR WATER SHORTAGE EMERGENCY; TO AMEND SECTION 7.09.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REQUIRE AUTOMATIC RAIN SENSORS ON IRRIGATION SYSTEMS IN DETACHED SINGLE-FAMILY, TWO-FAMILY, AND THREE-FAMILY RESIDENCES; AND TO LIMIT IRRlGA TION HOURS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. The Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: WHEREAS, the South Florida Water Management District requires that municipalities requesting water supply allocations in excess of 500,000 gallons per day prepare a Water Conservation Plan as part ofthe Water Use Permit Process; and WHEREAS, St. Lucie County is in the process of applying for a Water Use Permit modification for future water treatment plants that would cause the County's allocation to exceed the 500,000 gallon threshold; and WHEREAS, St. Lucie County is committed to water conservation as a means to provide proper stewardship over existing water resources that have been allocated to it; and WHEREAS, St. Lucie County is already in compliance with a number of the mandatory water conservation elements required by South Florida Water Management District; and WHEREAS, this ordinance would bring St. Lucie County's Code and Compiled Laws and St. Lucie County's Land Development Code in compliance with the mandatory water conservation elements; and WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and Stl m:k lid ötl¡;l. passages are deleted. Underlined passages are added. Page 1 of 9 WHEREAS, the Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97 -01 - 97 -03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02 - 04-33 - 05-03 - 05-07 - 05-23 - 06-13 - 06-18 - 06-30 - 07 -11 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25,1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18,2001 March 5, 2002 October 15,2002 January 20, 2004 December 7,2005 August 2, 2005 January 18,2005 September 20, 2005 June 6, 2006 May 30, 2006 September 12,2006 February 6, 2007 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94- 21 - 96-10 - 97 -09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07 - 05-01 - 05-04 - 05-16 - 06-05 - 06-17 - 06-22 - 06-47 - 07 -17 - May 14, 1991 June 2, 1992 February 16,1993 May 25,1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7,1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2,1999 June 13, 2000 June 13,2000 June 24,2002 October 15,2002 October 7,2003 April 20, 2004 March 15,2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30, 2006 July 18, 2006 December 5, 2006 June 5, 2007 WHEREAS, on September 20, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on November 20, 2007, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on November 6, 2007; and WHEREAS, on December 11, 2007, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Stltlck tli! ðtlgh passages are deleted. Underlined passages are added. Page 2 of 9 Tribune on November 30, 2007; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. PART A. The specific amendments to Chapter 1-20.5 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE II. WATER SHORTAGE PLAN Sec. 1-20.5-35. Intent and Purpose. It is the intent and purpose of this article to protect the water resources of the county from the harmful effects of overutilization of groundwater during periods of water shortage and allocated available water supplies by creating its own water shortage plan and by assisting the South Florida Water Management District in the implementation of its water shortage plan. Sec. 1-20.5-36. Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings 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. The word "shall" is always mandatory and not merely discretionary. District is the South Florida Water Management District. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect water resource from serious harm. A water shortage usually occurs due to drought. StI tick tld ötlgl. passages are deleted. Underlined passages are added. Page 3 of 9 Water shortage emergency means that situation when the powers which can be exercised under part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Sec. 1-20.5-37. Application of article provisions. The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as determined by the district or the County, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This article shall not apply to persons using treated effluent or saltwater. Sec. 1-20.5-38. Amendments to water shortage plan. Chapter 40E-21, Florida Administrative Code, as the same may be amended from time to time is incorporated herein by reference as a part of the Code of Ordinances of the county. Sec. 1-20.5-39. Irri~ation Hours ~ Unless otherwise mandated by the County or the district during a water shortage or water shortage emergency. lawn and ornamental irrigation shall be limited to the hours between 4:00 p.m. to 10:00 a.m. ili1 There shall be exemptions from the irrigation time restrictions for the following circumstances: .L Irrigating with a microirrigation system 2. Reclaimed water end users ~ Preparing for irrigation of new landscape 4. Watering in of chemicals. including insecticides. pesticides. fertilizers. fungicides. and herbicides when required by label. recommended by the manufacturer. or implementing best management practices ~ Maintenance and repair of irrigation systems 6. Irrigating with low volume hand watering including watering by one hose attended by one person fitted with a self-canceling or automatic shut off nozzle or both 7. Irrigating with 75 percent or more water recovered or derived from an aquifer storage and recovery system. StltKk t1dötlgl, passages are deleted. Underlined passages are added. Page 4 of 9 Sec. 1-20.5-40. Rain Sensor Device Any person who purchases and installs an automatic lawn sprinkler system shall instalL operate, and maintain a rain sensor device or automatic switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred, as set forth in Section 373.62, Florida Statutes. Sec. 1-20.5-39 41. Declaration of water shortage; water shortage emergency. Upon a finding that such condition exists, as defined in Section 1-20.5-36, the Board of County Commissioners shall declare a water shortage or water shortage emergency within all or any part of the county. A declaration of a water shortage or water shortage emergency by the county shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the Board, or any portion thereof shall be subiect to enforcement action pursuant to this article. If a water shortage or water shortage emergency has not already been declared by the Board of County Commissioners, Tlhe declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the county, or any portion thereof shall be subject to enforcement action pursuant to this article. Any conflict between any water use restrictions or other measures adopted by the Board of County Commissioners and any adopted by the district shall be resolved in favor of the district. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued thereto, shall be a violation of this article. Sec.I-20.5-46f.. Enforcement. Every police officer, sheriff, or fire marshal having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. Sec. 1-20.5-4t~. Penalties. Violation of any provision of this article shall be subject to the following penalties: (1) First violation: Twenty-five dollars ($25.00). (2) Second and subsequent violation: Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (GO) days. Stl tlck tJ.IOtl!!,l. passages are deleted. Underlined passages are added. Page 5 of 9 Each day in violation of any section of this article, except Section 1-20.5-40, shall constitute a separate offense. Each month in violation of Section 1-20.5-40 shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one (1) written warning. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to, emergency injunctive action, to enforce the provisions of this article. Sec. 1-20.5-42-~. Water users to accept provisions of article. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article. The acceptance of water service shall be in itself the acceptance of the provisions thereof. PART B. The specific amendments to Chapter 7.09.04 of the St. Lucie County Land Development Code to read as follows, include: 7.09.04 General Landscaping Requirements A. Unchanged B. Unchanged C. Unchanged D. Unchanged E. Unchanged F. Unchanged G. Unchanged H. Unchanged I. LANDSCAPING REQUIREMENTS FOR RESIDENTIAL STRUCTURES OF THREE OR FEWER UNITS 1. Any new residential structure containing one (1), two (2), or three (3) units must preserve or plant one (1) tree for every 2,500 square feet of the subject lot or parcel of land, up to a maximum planting of 17 trees per lot or parcel. On any lot or parcel greater than one acre in area, the provisions of Section 6.00.00, Vegetation Protection and Preservation, shall be complied with. 2. All trees preserved or planted in order to meet this landscaping requirement shall meet the standards of Section 7.09.03(E)(2) of this Code. 3. One Hundred (100%) percent of the planted trees shall consist of native species such as Live Oaks (Quercus viginiana), Laurel oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09. 04(L )(2) Native and Drought - Tolerant Vegetation. 4. Automatic irrigation systems shall be equipped with an automatic rain shut-off device. Stltltk tI.1 ðtlgl. passages are deleted. Underlined passages are added. Page 6 of 9 1. Unchanged K. Unchanged L. STANDARDS FOR NATIVE AND DROUGHT-TOLERANT VEGETATION 1. Unchanged 2. Unchanged 3. Unchanged 4. Unchanged 5. Irrigation Systems a. Irrigation System Design Standards. 1. Permanent irrigation of preserved plant communities shall be prohibited. 2. Irrigation required for the re-establishment or restoration of existing plant communities shall be limited to temporary irrigation systems. Newly installed plant communities or supplemental plants to existing plant communities may initially require additional water to become established. Temporary irrigation systems shall remain in place for a pel 50n of at least six (6) months and shall include: (a) Temporary low-volume irrigation, or (b) Alternative method approved by Public Works Director. 3. Automatic irrigation systems shall incorporate the following criteria: (a) Zoning of irrigation systems: Sprinkler heads irrigating designated high water demand areas shall be circuited or zoned so that they can be irrigated at a different frequency or application rate than low water demand areas. At a minimum separate zones shall be created for turf and planting beds, with a separate zone also required for trees not incorporated into planting beds. (b) Automatic rain shut-off devices: Automatic irrigation systems shall be equipped with an automatic rain shut-off device for each proposed zone. (c) Elimination of over-throw onto impervious surfaces: 1. Sprinkler heads shall be directed away from impervious surfaces. 2. The effects of wind on the spray stream shall be reduced by requiring low trajectory spray nozzles. b. Maintenance of Irrigation Systems: Irrigation systems shall be maintained in working condition at all times, to prevent waste of irrigation water. Broken sprinkler heads, pipes and nozzles shall be repaired or replaced within fourteen (14) days of notice. Stltlc,k t1uötIgh passages are deleted. Underlined passages are added. Page 7 of 9 c. Irrigation Hours 1.,. Unless otherwise mandated by the County or the South Florida Water Management District during a water shortage or water shortage emergency. lawn and ornamental irrigation shall be limited to the hours between 4:00 p.m. to 10:00 a.m. 2. There shall be exemptions from the irrigation time restrictions for the following circumstances: a. Irrigating with a micro irrigation system b. Reclaimed water end users c. Preparing for irrigation of new landscape d. Watering in of chemicals. including insecticides. pesticides. fertilizers. fungicides. and herbicides when required by label. recommended by the manufacturer. or implementing best management practices e. Maintenance and repair of irrigation systems £. Irrigating with low volume hand watering including watering by one hose attended by one person fitted with a self-canceling or automatic shut-off nozzle or both &. Irrigating with 75 percent or more water recovered or derived from an aquifer storage and recovery system. ego Irrigation During Water Shortage Irrigation systems shall be operated in accordance with the requirements of water shortages declared for St. Lucie County by South Florida Water Management District or St. Lucie County. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF ST ATE. The Clerk be and is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Stl tick tl.1 ötIgl. passages are deleted. Underlined passages are added. Page 8 of 9 PART F. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith AYE Vice Chairman Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PARTH. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DU.l.~~~1\~::rED this 11th day of December, 2007. /,;~.~<;:;' " '..' ,' N )..~,\ <'ù: l . . .':' BOARD OF COUNTY éOMMISSIONERS ~ >'J' A~T: ~ '; " , ST. LUCIE COUN Y, F ORillA ! f ! ì .I r ~ 0~~ ,~ . _______ I"¡'~ BY: . .... ./" ~uty Clerk 'I.,. .,;----...,/ ..;- 'I¡,,',,{,~, _!~ ,\1 ! ft\. \(¡. ~ . . \ . .:. :s::;:;<" Stl tlGk tl.l ðtlgl. passages are deleted. Underlined passages are added. Page 9 of 9