HomeMy WebLinkAbout21-001I ORDINANCE NO. 21-001
3
AN ORDINANCE OF THE ST. LUCIE COUNTY, FLORIDA;
4
PROVIDING FOR LOCAL IMPLEMENTATION OF THE MANDATORY
5
YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION
6
MEASURES RULE OF THE SOUTH FLORIDA WATER
7
MANAGEMENT DISTRICT (40E-24, F.A.C.); PROVIDING
8
DEFINITIONS; PROVIDING FOR THE APPLICABILITY OF THE
9
ORDINANCE; PROVIDING THE LANDSCAPE IRRIGATION
10
SCHEDULE; PROVIDING EXCEPTIONS TO THE LANDSCAPE
11
IRRIGATION SCHEDULE; PROVIDING FOR A REQUIREMENT TO
12
OPERATE TECHNOLOGY THAT INHIBITS OR INTERRUPTS AN
13
IRRIGATION SYSTEM DURING PERIODS OF SUFFICIENT
14
MOISTURE; PROVIDING FOR VARIANCES FROM THE SPECIFIC
15
DAY OF THE WEEK LIMITATIONS; PROVIDING FOR
16
ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR
17
PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING
18
FOR CODIFICATION OF THE ORDINANCE; PROVIDING FOR THE
19
REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR
20
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
21
22 WHEREAS, the South Florida Water Management District (District) has the
23 responsibility and exclusive authority under Chapter 373, Florida Statutes (F.S.), for
24 regulating the consumptive use of water; and
25
26 WHEREAS, the District has promulgated Chapter 40E-2, Florida Administrative
27 Code (F.A.C), for the consumptive use of water which includes Rule 40E-2.061, F.A.C.,
28 General Consumptive Use Permits by Rule, regulating landscape irrigation at a single
29 family dwelling or duplex, and Rule 40E-2.071, F.A.C., Noticed General and Individual
30 Permits, regulating larger landscape irrigation users; and
31
32 WHEREAS, the District promulgated and amended Chapter 40E-24, F.A.C.,
33 requiring year-round irrigation conservation measures; and
34
35 WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in subsection
36 40E-24.101(14), F.A.C.,` including permitted and exempt users under Chapter 40E-2,
37 F.A.C.; and
38
39 WHEREAS, Chapter 40E-24, F.A.C., calls for year-round and permanent
40 landscape irrigation restrictions, separate and independent from water shortage
41 declarations, in accordance with Chapter 40E-21, F.A.C.; and
42
43 WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless
44 of whether the water comes from ground or surface water, from a private well or pump,
45 or from a public or private utility; and
46 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4809083 09/26/2021 12:54:44 PM
OR BOOK 4543 PAGE 1646 - 1654 Doc Type: ORDN
RECORDING: $78.00
I WHEREAS, Rule 40E-24.301, F.A.C., provides that local governments may adopt
2 a landscape irrigation ordinance that achieves water conservation consistent with Rule
3 40E-24.201, F.A.C., including variance and enforcement procedures; and
4
5 WHEREAS, the District strongly encourages local governments to adopt an
6 ordinance in accordance with Rules 40E-24.201 and 40E-24.301, F.A.C.; and
s WHEREAS, it is the desire of the Board of County Commissioners of St. Lucie
9 County to adopt such an Ordinance in accordance with Rules 40E-24.201 and 40E-
lo 24.301, F.A.C.; and
11
12 WHEREAS, the Board of County Commissioners of St. Lucie County finds and
13 declares that the adoption of this Ordinance is appropriate, and in the public interest of
14 this community.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
17 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Article X. Sections 20-304
18 through 20-314, Code of Ordinances, are created to read:
19
20 ARTICLE X. WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
21
22 Section 20-304. INTENT AND PURPOSE
23 It is the intent and purpose of this Ordinance to implement procedures that promote water
24 conservation through the efficient use of landscape irrigation.
25
26 Section 20-305. DEFINITIONS
27 For the purpose of this Ordinance, the following terms, phrases, words. and their
28 derivatives shall have the meaning listed below. When not inconsistent with the context,
29 words used in the present tense include the future, words in the plural include the singular,
3o and words in the singular include the plural.
31
32 (1) "Address" means the "house number" (a numeric or alphanumeric
33 designation) that, together with the street name. describes the physical
34 location of a specific propertV. This includes "rural route" numbers but
35 excludes post office box numbers. If a lot number in a mobile home park or
36 similar community is used by the U.S. Postal Service to determine a delivery
37 location, the lot number shall be the property's address. If a lot number in a
38 mobile home park or similar residential community is not used by the U.S.
39 Postal Service e.g., the park manager sorts incoming mail delivered to the
40 community's address), then the community's main address shall be the
41 property's address. If a property has no address, it shall be considered
42 "even -numbered." -
43
44 (2) "Athletic Play Area" means all golf course fairways, tees, roughs, greens.
45 and other athletic play surfaces; including, football, baseball, soccer, polo
46 tennis, and lawn bowling fields, and rodeo, equestrian, and livestock
2
I arenas.
3 (3) "Consumptive Use Permit" CUP means a permit issued :pursuant to
4 Chapter 40E-2 F.A.C., authorizing the consumptive use of water.
6 (4) "District" means the South Florida Water Management District, a
government entity created under Chapter 373 F.S.
9
(5)
"Even Numbered Address" means an address ending in the numbers 0, 2.
10
4, 6, 8, or rights -of -way or other locations with no address, or the letters A-
11
M.
12
13
(6)
"Existing landscaping" means any landscaping which has been -planted and
14
in the ground for more than ninety (90) days.
15
16
(7)
"Landscapin_ql means shrubbery, trees lawns sodgrass. ground covers
17
plants, vines, ornamental gardens, and such other flora not intended for
18
resale, which are situated in such diverse locations as residential
19
landscapes, recreation areas cemeteriespublic, commercial, and
20
industrial establishments, public medians, and rights -of -way, except athletic
21
play areas, as defined in Section 20-305(2).
22
23
(8)
"Landscape Irrigation" means the outside watering _of shrubbery, trees
24
lawns, sod, grass, -ground covers, plants, vines, ornamental gardens, and
25
such other flora not intended for resale, which are planted and situated in
26
such diverse locations as residential landscapes, recreation areas
27
cemeteries, public, commercial, and industrial establishments public
28
medians, and rights -of -way, except athletic play areas.
29
30
(9)
"Low Volume Hand Watering" means the watering of landscape by one (1)
31
person, with one (1) hose, fitted with a self-canc_ eling or automatic_ shutoff_
32
nozzle.
33
34 (10) "Low Volume Irrigation" means the use of equipment and devices
35 specifically designed to allow the volume of water delivered to be limited to
36 a level consistent with the water requirement of the plant being irrigated,
37 and to allow that water to be placed with a high degree of efficiency in the
38 root zone of the plant. The term also includes water used in mist houses
39 and similar establishments for plant propagation. Overhead irrigation and
40 flood irrigation are not included.
41
42 (11) "Micro -irrigation" means the application of small quantites of water on or
43 below the soil surface as drops or tiny streams of spray through emitter or
44 applicators placed along a water delivery line. Micro -irrigation includes a
45 number of methods or concepts, such as bubbler, drip, trickle. _mist or
46 microspray, and subsurface irrigation.
2 (12) "New landscaping" means any landscaping which has been planted in the
3 ground for ninety (90) days or less.
5 (13) "Odd Numbered Address" means an address ending in the numbers 1. 3.
6 5. 7, 9, or the letters N-Z.
8
(14)
"Reclaimed Water" means wastewater that has received at least secondary
9
treatment and basic disinfection, and is reused after flowing out of a
10
wastewater treatment facility as defined by Rule 62-40.210, F.A.C.
11
12
(15)
"User" means any person, individual, firm, association, organization,
13
partnership, business trust, corporation, company, agent, employee, or
14
other legal entity whether natural or artificial the United States of America
15
and the State and all political subdivisions, regions, districts, municipalities,
16
and public agencies thereof, which directly or indirectly takes water from the
17
water resource including uses from private or public utility systems, uses
18
under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses
19
from individual wells or pumps.
20
21
(16)
"Wasteful and Unnecessary" means allowing water to be dispersed without
22
any practical purpose to the water use; for example excessive landscape
23
irrigation, ation leaving an unattended hose on a driveway with water flowing,
24
allowing water to be dispersed in a grossly inefficient manner regardless of
25
the type of water use; for example, allowing landscape irrigation water to
26
unnecessarily fall onto pavement, sidewalks, and other impervious
27
surfacesor allowing water flow through a broken or malfunctioning water
28
delivery or landscape irrigation system.
29
30 (17) "Water Resource" means any and all water on or beneath the surface of the
31 ground, including natural or artificial watercourses, lakes, ponds, or diffused
32 surface water, and water percolating, standing, or flowing beneath the
33 surface of the ground.
34
35 (18) "Water Shortage" means when the District determines there is the possibility
36 that insufficient water will be available to meet the present and anticipated
37 needs of the users, or when conditions are such as to require a temporary
38 reduction in total use within a particular area to protect water resources from
39 serious harm. A water shortage usually occurs due to drought.
40
41 (19) "Water Shortage Emergency" means when the District determines the
42 provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to
43 protect the public health, safety, or welfare, the health of animals, fish, or
44 aquatic life, a public water supply, or commercial, industrial, agricultural.
45 recreational, or other reasonable -beneficial uses.
0
1 Section 20-306. APPLICABILITY
2 The provisions of this Article shall apply to each user, as defined in Section 20-305(15).
3 2roviding landscape irrigation from all water resources within the boundaries of the
4 unincorporated St. Lucie County with the following exceptions:
5 (a) The use of reclaimed water, which may or may not be supplemented from
6 another source;
7 (b) Irrigation at agricultural and nursery operations:, and
8 (c) Irrigation of athletic play areas.
to Section 20-307. YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION
11 MEASURES
12 St. Lucie County adopts the rules of the South Florida Water Management District. listed
13 in Subsection 40E-24.201 (1)46), F.A.C., including subsequent additions or corrections
14 which are set out as follows:
15 (1) The year-round landscape irrigation conservation measures contained in
16
17
18
19
20
21
22
23
(2)
24
25
26
(3)
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(4)
this Section are applicable to all users including permitted and exempt users
under Chapter 40E-2, F.A.C., unless otherwise indicated. These
conservation measures apply to all water resources, unless otherwise
indicated. In addition to the requirements of this Section all permitted users
under Chapter 40E-2,F.A.C., are required to maintain compliance with all
CUP conditions and terms, including requirements to implement water
conservation practices.
It shall be the duty of each user to keep informed as to the landscape
irrigation conservation measures within this Ordinance which affect each
particular water use.
In addition to the specific conservation measures, all wasteful and
unnecessary water use, as defined in Section 20-305(16), is prohibited.
The following requirements shall apply to all users, unless specified in
Section 20-306 or Section 20-308.
(a) Landscape irrigation shall be prohibited between the hours of 10:00
a.m. and 4:00 p.m., except as otherwise provided.
(b) Irrigation of existing landscaping shall comply with the following
provisions:
i. Even addresses, as defined in Section 20.305(5), installations
with irrigation systems that irrigate both even and odd addresses
within the same zones, such as multi -family units and
homeowners' associations, and rights -of -way or other locations
with no address shall have the opportunity to accomplish
necessary landscape irrigation two (2) days a week only on
Thursday and/or Sunday.
ii. Odd addresses as defined in Section 20.305 13 shall have the
opportunity to accomplish necessary landscape irrigation two (2)
days a week only on Wednesday and/or Saturday.
(c) Irrigation of new landscaping shall comply with the following
provisions:
I i. New landscaping may be irrigated once on the day it is installed
2 without regard to the listed watering days and times. Irrigation of
3 the soil immediately prior to the installation of the new
4 landscaping is allowed without regard to the normal watering
5 days and times.
6 ii. A ninety (90) day establishment period begins on the day the new
7 landscaping is installed. The new landscaping shall be installed
8 within_a reasonable time from the date of purchase, which may
9 be demonstrated with a dated receipt or invoice.
10 iii. Irrigation of new landscaping which has been in place for thirty
11 (30) days or less may be accomplished on Monday, Tuesday,
12 Wednesday, Thursday, Saturday, and/or Sunday.
13 iv. Irrigation of new landscaping which has been in place for thirty-
14 one (31) to ninety (90) days may be accomplished on Monday.
15 Wednesday, Thursday, and/or Saturday.
16 V. Irrigation of new landscaping is limited to areas only containing
17 the new landscaping. An entire zone of an irrigation system shall
18 only be utilized for landscape irrigation under this Subsection if
19 the zone contains at least 50% new landscaping. If a zone
20 contains less than 50% new landscaping, or if the new
21 landscaping is in an area that will not typically be irrigated by an
22 irrigation system, only the individual new plantings are eligible for
23 additional irrigation. Targeted watering mav be accomplished b
24 low volume hand watering, as defined in Section 20.305�10], or
25 any appropriate method which isolates and waters only the new
26 landscaping.
27 (5) Any water shortage, as defined in Section 20.305(18), restrictions or other
28 measures declared pursuant to Chapter 40E-21 F.A.C. or related District
29 Governing Board or Executive Director orders which are more restrictive
30 than a measure contained within this Ordinance, shall supersede this
31 Ordinance for the duration of the applicable water shortage declaration.
32
33 Section 20-308. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
34 Landscape irrigation scheduling shall be subject to the following exce tip ons:
35
36 (1) Landscape irrigation systems may be operated during restricted days
37 and/or times for cleaning, maintenance, and repair purposes with an
38 attendant on site in the area being tested. Landscape irrigation systems
39 may routinely be operated for such purposes no more than once per week
40 and the run time for any one (1) test should not exceed ten (10) minutes per
41 zone.
42 2 Landscape irrigation for the purpose of waterin -in fertilizers insecticides
43 pesticides, fungicides and herbicides, where such watering -in is
44 recommended by the manufacturer, or by federal, state or local law, or best
45 management practices, shall be allowed under the following conditions:
I (a) Such watering -in shall be limited to one (1) application, unless the
2 need for more than one (1) application is stated in the directions for
3 application specified by the manufacturer; and
4 b Such watering -in shall be accomplished during normally allowable
5 watering days and times set forth in this Subsection unless a
6 professional licensed applicator has posted a temporary sign
7 containing the date of application and the date(s) of needed watering-
8 in activity.
9 3 Any plant material may be watered using low volume irrigation, as defined
10 in Section 20.305(10), micro -irrigation, as defined in Section 20.305(11),
11 low volume hand watering method, rain barrels, cisterns, or other similar
12 rain -harvesting devices without regard to the watering days or times allowed
13 pursuant to this Section.
14
15 Section 20-309. ADDITIONAL REQUIREMENTS
16 Any user who purchases and installs an automatic landscape irrigation system shall
17 properly install, maintain, and operate technology that inhibits or interrupts operation of
18 the system during periods of sufficient moisture in accordance with Section 373.62,
19 Florida Statute.
20
21 Section 20-310. VARIANCES
22 (1) A variance from the specific day or days identified in Subsection 20-305(5
23 and 20-30503) may be granted by the Environmental Resources Director
24 or designee if strict application of the restrictions would lead to
25 unreasonable or unfair result provided the applicant demonstrates with
26 Particularity that compliance with the schedule will result in substantial
27 economic, health, or other hardship on the applicant or those served by the
28 applicant. If granted, the applicant shall be required to post a notice at each
29 parcel to which the variance pertains. Relief may be granted only upon a
30 demonstration that such hardship exists, is peculiar to the person or the
31 affected property, is not self-imposed, and further demonstrates that
32 granting the variance would be consistent with the general intent and
33 purpose of this section.
34 (21 The County recognizes all irri ation variances or waivers issued by the
35 District under Rule 40E-24.501. F.A.C.
36
37 Section 20-311. DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE
38 EMERGENCY
39 Declaration of a water shortage condition and/or water shortage emergency, as defined
40 in Section 20.3051 9,_within all or parts of the County by the District's Governing Board
41 or Executive Director shall supersede this Ordinance for the duration of the applicable
42 water shortage declaration in accordance with Article IX. Water Shortages of the Code of
43 Ordinances. A water shortaae usually occurs due to drouaht.
44
45 Section 20-312. ENFORCEMENT
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(1) In the absence of a declaration of water shortage or water shortage
emergency within all or any part of County by the District's Governing Board
or Executive Director, the listed landscape irrigation restrictions shall be
sub'ect to enforcement action. Any violation of the provisions of Section 20-
307 and 20-309 shall be a violation of this Section.
(2) In addition, the County Administrator may delegate this Ordinance's
enforcement responsibility to agencies and departments within the County
government.
Section 20-313. PENALTIES
Violation of any provision of this Ordinance shall be enforced pursuant to
Chapter 1 Article II Code Enforcement of the St. Lucie County Code. This
includes the Code Enforcement Board, a Special Magistrate or
Supplemental Enforcement Procedures.
2) Each day in violation of this Ordinance shall constitute a separate offense.
Violators may be provided with no more than one (1) written warning within
a six month period. In addition to the civil penalties provided, the County
may take any other appropriate legal action, including, but not limited to,
iniunctive action to enforce the provisions of this article.
Section 20-314. SEVERABILITY
If any Section, Subsection, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon filing with the Department of State.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair AYE
Sean Mitchell, Vice -Chair AYE
Linda Bartz, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
Cathy Townsend, Commissioner AYE
P
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie
County, Florida on this day of — 2021.
ATTEST:
1
DEPUTY CLERK
Y co
L� Z
rG� �
roV�►TY, FI.OR��*
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
jl`I G�
Chair
APPROVED AS TO FORM
AND CORRECTNESS:,
COUNTY`ATTORN
9
PLORIDA DEPARTMENT 0 STATE
r
RON DESANTIS
Governor
January 25, 2021
Ms. Angela Riggins
Clerk of the Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Dear Ms. Riggins:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 21-001, which was filed in this office on January 25,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270