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Agenda 05/27/2014 Item #16C8
5/27/2014 16.C.8. EXECUTIVE SUMMARY Recommendation to authorize advertising an ordinance amending Ordinance No. 2002-17, the Collier County Water Irrigation Ordinance, to maintain compatibility with the South Florida Water Management District's, Mandatory Year-Round Landscape Irrigation Conservation Measures,as amended, and providing for the repeal of Ordinance No. 2000-61, as redundant. OBJECTIVE: Amend the Collier County Water Irrigation Ordinance to maintain compatibility with the South Florida Water Management District (SFWMD), Mandatory Year-Round Landscape Irrigation Conservation Measures, as amended, and provide for the repeal of Ordinance No. 2000-61, which is redundant with respect to addressing water irrigation concerns. CONSIDERATIONS: On April 9, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002-17.the Collier County Water Irrigation Ordinance. The proposed amendment to the Ordinance (Exhibit 1) is necessary to complement amendments to SFWMD's, Mandatory Year-Round Landscape Irrigation Conservation Measures, Chapter 40E-24, F.A.C., as amended (Exhibit 2). These mandatory conservation measures are intended to provide a framework for consistent implementation to ensure the long-term sustainability of the water resources of the region, increase water use efficiency, and prevent and curtail wasteful water use practices through regulatory means for landscape irrigation by all users. The measures prohibit landscape irrigation during those periods of the day when irrigation efficiency significantly decreases. Benefits to Water-Sewer District customers include: • Saves money — reduces utility bills by interrupting the irrigation system after adequate rainfall, especially for customer who are not resident during the rainy season. • Reduces wear on the irrigation system because the system runs only when necessary. • Reduces disease damage to lawns by eliminating over-watering. All residents and visitors to Collier County benefit by protecting scarce water resources. The amendment to the Ordinance provides additional definitions and expanded definitions, and includes extending restrictions to all water sources, including wells and Irrigation Quality (IQ) water: and provides information regarding application, installation and maintenance for irrigation systems. The proposed changes include: • SECTION FOUR: DEFINITIONS Potable water production wells and IQ water are now included under Water Resources. IQ Water as defined in the Collier County Water-Sewer District (CCWSD) (IQ) Water Policy of June 11, 2013 is now also included. • SECTION FIVE: IRRIGATION HOURS -OPERATION REQUIREMENTS 5.1 - Irrigation hours of operation are revised, within application limits, by one hour both morning and evening, to 12:01 a.m. to 10:00 a.m. and 4:00 p.m. to 11:59 p.m. This change is to align the hours Packet Page -892- 5/27/2014 16.C.8. of operation with the SFWMD restrictions, but does not increase the amount of water that can be used. No irrigation is permitted between 10:00 a.m. and 4:00 p.m. and Friday remains a"dry" day. 5.3 — Includes additional references to rain sensors and soil moisture sensor devices. Pursuant to Section 373.62(1), Florida Statutes(Exhibit 3), rain sensors or other inhibiting or interrupting technology devices have always been required on all automatic landscape irrigation systems to promote water conservation. Property owners, at their discretion, may retrofit more sophisticated devices to include soil moisture sensors with technology that interrupts operation of the irrigation system during periods of sufficient moisture. 5.5 —Additional information is included to specify water irrigation application, and irrigation system installation and maintenance best practices to optimize water conservation. • SECTION SEVEN: EXEMPTION -VARIANCES 7.1.1 - Removes exemption for irrigation from 100 percent reclaimed water. Conserving IQ water for all users within the definition of landscaping will make more IQ water available to extend the current distribution, which will further conserve potable water. 7.1.4 - Exempts the use of water for firefighting, safety, sanitation, health, and medical purposes and other essential uses. 7.3 - Allows property owners to qualify for a variance from the restrictions of the Ordinance if they install devices such as soil moisture sensors and evapotranspiration-based controllers. • SECTION EIGHT-PENALTIES 8.1 — Removes the $75.00 fine for every violation, replacing with prosecution pursuant to F.S.162.21 as a civil infraction. As recommended by the Board at their meeting of April 12, 2011 onsite education and voluntary compliance should be the primary means of achieving compliance with irrigation restrictions. The Utilities Education and Compliance team promotes responsible irrigation conservation, at every opportunity with HOAs, Landscape Professionals (in conjunction with FDEP at the annual Rookery Bay Training program), Task Force meetings, contractors and developers at onsite tailgate meetings, and responding to citizen complaints. The proposed Amendment also incorporates the repeal of Ordinance No. 2000-61, which is an earlier outdated and redundant Collier County Water Irrigation Ordinance that is codified in the Collier County Code of Laws and Ordinances in Sections 134-286 through Section 134-293. The Development Services Advisory Committee reviewed the proposed changes at its December 4, 20l3, meeting. The committee asked a number of questions relating to any financial impacts, how night-time irrigation is monitored and whether the utility was involved with landscape planning. The questions were answered and the committee had no recommendations or changes it wished to be incorporated into the proposed Ordinance amendments. Community outreach is scheduled to include email notification to all HOAs and COAs and staff attendance at community civic association meetings to disseminate information regarding the water conservation measures included in the amended ordinance. Additional information will also be available on the Colliergov website: Utility Billing & Customer Service, Water and Sewer Services. FISCAL IMPACT: There is no fiscal impact associated with this item. Packet Page -893- 5/27/2014 16.C.8. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under it will have no impact on the county's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize advertising an ordinance amending Ordinance No. 2002-17, the Collier County Water Irrigation Ordinance, to maintain compatibility with the South Florida Water Management District's Mandatory Year-Round Landscape Irrigation Conservation Measures, as amended, and providing for the repeal of Ordinance No. 2000-61. Prepared By: Peter Lund,Manager Customer Service and Utilities Education and Compliance Attachments: Exhibit 1 -Proposed Ordinance No. 2014- Exhibit 2 -F.A.C. Chapter 40E-24 Exhibit 3 -Florida Statute 373-62 Packet Page -894- 5/27/2014 16.C.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.8. Item Summary: Recommendation to authorize advertising an ordinance amending Ordinance No. 2002-17, the Collier County Water Irrigation Ordinance, to maintain compatibility with the South Florida Water Management District's, Mandatory Year-Round Landscape Irrigation Conservation Measures, as amended, and providing for the repeal of Ordinance No. 2000-61, as redundant. Meeting Date: 5/27/2014 Prepared By Name: HendricksonLisa Title: Operations Coordinator, Utilities Finance Operations 5/13/2014 1:10:27 PM Submitted by Title: Manager-Revenue, Utilities Finance Operations Name: LundPeter 5/13/2014 1:10:28 PM Approved By Name: LundPeter Title: Manager-Revenue.Utilities Finance Operations Date: 5/13/2014 3:09:43 PM Name: Joseph Bellone Title: Director-Operations Support,Utilities Finance Operations Date: 5/13/2014 3:09:51 PM Name: JohnssenBeth Title: Director-Wastewater, Wastewater Date: 5/13/2014 3:31:37 PM Name: HapkeMargie Title: Recycling Coordinator, Solid Waste Packet Page -895- 5/27/2014 16.C.8. Date: 5/13/2014 3:39:01 PM Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 5/13/2014 4:21:07 PM Name: Steve Messner Title: Director- Water, Water Date: 5/14/2014 9:24:09 AM Name: YilmazGeorge Title:Administrator-Public Utilities, Public Utilities Division Date: 5/14/2014 2:30:06 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 5/1 5/2014 3:49:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/16/2014 11:34:50 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 5/16/2014 4:27:21 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 5/19/2014 10:25:24 AM Packet Page -896- 5/27/2014 16.0.8. ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-17, THE COLLIER COUNTY WATER IRRIGATION ORDINANCE; BY AMENDING SECTION TWO, FINDINGS; SECTION FOUR, DEFINITIONS; SECTION FIVE, IRRIGATION HOURS; OPERATION REQUIREMENTS; SECTION SEVEN, EXEMPTION; VARIANCES; AND SECTION EIGHT, PENALTIES; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2000-61, AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 9, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002-17, the Collier County Water Irrigation Ordinance, which placed certain restrictions on the use of water for irrigation as a means to protect water resources through conservation; and WHEREAS, the Board recognizes that water conservation is an integral component of water supply planning and water resource management; and WHEREAS, water conservation is necessary in a region with limited supplies as it assists in reducing demand, extending the supply of water from existing sources; and WHEREAS, proper water supply planning and water resource management supports economic growth and reduces the need for developing new sources of water; and WHEREAS, the South Florida Water Management District has amended Chapter 40E-24, F.A.C., requiring year-round water conservation for landscape irrigation, regardless 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 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, Collier County staff, in consultation with the South Florida Water Management District, has recommended revisions to Ordinance No. 2002-17, intended to update and clarify certain provisions of that Ordinance consistent with current law and the leglislative intent to improve irrigation water use efficiency; and Words Underlined are added;Words Struck Through are deleted. Pagelofl4 Packet Page -897- 5/27/2014 16.C.8. WHEREAS, Collier County staff has determined that Ordinance No. 2000-61,c o. 2000 61, as amended, originally adopted on September 26, 2000, and also known as "The Collier County Water Irrigation Ordinance," is now superfluous of this proposed amended ordinance and outdated as to the law and policy pertaining to current irrigation and water conservation standards and recommends its repeal; and WHEREAS, the Collier County Board of County Commissioners hereby finds and declares that the adoption of this ordinance is appropriate and in the public interest of this community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2002-17. Section Two of Ordinance No. 2002-17 is hereby amended as follows: SECTION TWO: FINDINGS. 2.1 Irrigation and other outdoor uses places a significant demand on water resources of Collier County, including the potable water supply system. 2.2 That adopting this article to limit allowable hours of irrigation is to promote conservation, to protect water resources, and to reduce demand upon all water sources, including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigations pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. 2.4 That irrigation restrictions have been proven to be an effective means of water conservation. SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2002-17. Section Four of Ordinance No. 2002-17 is hereby amended as follows: SECTION FOUR: DEFINITIONS. The following definitions apply throughout this Ordinance: 4.1 "Address" means "house number" (a numeric or alphanumeric designation) identifying the physical street location of a property, building, apartment, or other Words Underlined are added;Words Struck—Through are deleted. Page 2of14 Packet Page -898- 5/27/2014 16.0.8. structure or common area. 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. Post Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address it shall be considered "even-numbered." 4.2 "Alternative Irrigation Methods" means a hose with a sprinkler head attached that can be manually moved from location to location on a property. 4A- 3 "County" means Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District Water District for those areas within its jurisdiction. 4.2 4 "Code Enforcement Officer" means any authorized agent or employee of the County whose duty it is to enforce the County's codes. 4.5 "Common Areas" means an area of Landscaping within a housing development that is owned by a Homeowner's Association, a Master Association, or a group of property owners, or any area of Landscaping that is irrigated by an irrieation system owned and operated by a Homeowner's or Master Association. or similar area within a commercial, institutional, industrial. and governmental property not covered by an exemption or variance. 4.6 "Efficient Manner or Efficient Utilization" means the opposite of "wasteful and unnecessary." 4.7 "Even Numbered Address" means an address. ending in the numbers 0. 2. 4. 6. 8, or rights-of-way or other locations with no address or the letters A-M. 4.28 "Impervious Surfaces" means surfaces that do not allow penetration of water. Including, but not limited to, paved or concrete roads, paved or concrete sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly compacted areas including shell or clay. Words Underlined are added;Words Struck Through are deleted. Page 3 of 14 b� Packet Page-899- 5/27/2014 16.0.8. 4.4-9 "Irrigation" means the application of water, from any water resource, by means other than natural precipitation. 4.510 "Irrigation Systems" means equipment and/or devices which deliver water to landscaping being irrigated, including, but not limited to, pumping stations and controls, control structures, ditches, public or private wells, piping, valves, fittings and emitters. 4.11 "Irrigation Quality (IQ) Water" shall mean alternative water resources other than potable water, available to the District and shall include: (a) wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, currently defined as wastewater that meets, at a minimum, secondary treatment and high-level disinfection after disinfection and before discharge to holding ponds or the IQ Water System and(b) Supplemental Water Supplies such as ground or surface water. IQ Water may also be referred to as reuse water, effluent water or reclaimed water. 4.612 "Landscaping" means all residential, commercial, institutional, industrial, and governmental areas which are considered as lawns or ornamentally planted, including but not limited to, sod, grasses, turf, ground covers, flowers, shrubs, trees, mulch, hedges, golf course non-play areas,and other similar plant materials. "Landscaping" does not include agricultural crops, nursery plants. Golf course greens. tees, fairways, primary roughs, and vegetation associated with intensive recreational areas, such as playgrounds, football, baseball and soccer fields. 4.713 "Low Volume Irrigation Systems" means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.814 "Low Volume Hand Watering" means watering attended by one person with one hose equipped with a self-canceling or automatic shutoff nozzle. 4.915 "Low Volume Mobile Washing Equipment Washing" means the washing of mobile equipment with a bucket and sponge, a single hose with a self-cancelling Words Underlined are added;Words Struck Through are deleted. Page 4 of 14 Packet Page -900- 5/27/2014 16.0.8. or automatic shutoff nozzle, low volume pressure cleaning equipment, or any combination of the preceding methods of washing. 4.1016 "Low Volume Pressure Cleaning" means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards. 4.17 "Odd Numbered Address" means an address ending in the numbers 1, 3, 5, 7. 9, or the letters N-Z. 4.18 "Other Outdoor Uses" means uses including, but not limited to, car, truck. and boat washing and the washing of exterior home surfaces and roofs, 4.-11-19 "Pervious Surface" means every improved or unimproved surface that allows water to readily soak into, or recharge, the aquifer under such surface. 4.20 "Material or materially," when used, means a chance relating to the basic or fundamental substance, aspect or function of a thing. For example. something is material if it relates to substance rather than mere attributes or minor modifications. 4.21 "Wasteful and unnecessary" means allowing water to be dispersed without any practical purpose to the water use; for example. excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner, reeardless of the type of water use for example. allowing landscape irrigation to unnecessarily fall onto pavement; sidewalks and other impervious surfaces: allowing water flow throuch a broken or malfunctioning water delivery or landscape irritation system. 4. 322 "Water Resources" means any and all water on or beneath the surface of the ground, including, but not limited to, potable water production wells. IQ water, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2002-17. Section Five of Ordinance No. 2002-17 is hereby amended as follows: Words Underlined are added;Words Struck Through are deleted. Page 5 of 14 01,0 Packet Page -901- F 5/27/2014 16.0.8. SECTION FIVE: IRRIGATION HOURS; OPERATION REQUIREMENTS 5.1 All water irrigation activities, and other outdoor uses. using water resources as defined within the specified geographic area(s) and within the boundaries as designated in Section Six, and which are not exempted by Section Seven, shall be restricted to the days and hours as specified in Table 1. Table 1. Collier County Water Irrigation Restrictions Landscaping Irrigation Established ODD Numbered 3 Days each week; Monday, Wednesday, Saturday; 12:01 AM to Addresses 8=00 10:00 AM and/or from 4:00 PM to 11:59 PM for all types of irrigation;_ 5:00 PM to 7:00 PM for Low Volume Hand Watering. Irrigation is not permitted between 10:00 AM and 4:00 PM. EVEN Numbered 3 Days each week; Tuesday, Thursday, Sunday; 12:01 AM to 8O0 Addresses, 10:00 AM and/or from 4:00 PM to 11:59 PM for all types of irrigation;_5:00 PM to 7:00 PM for Low Volume Hand Watering. Irrigation is not permitted between 10:00 AM and 4:00 PM. COMMON Areas 3 Days each week: Tuesday, Thursday, Sunday; 12:01 AM to with irrigation 10:00 AM and/or from 4 PM to 11:59 PM for all types of systems that irrigate irrigation. both odd and even Irrigation is not permitted between 10:00 AM and 4:00 PM. addresses, and properties with no address. Landscaping Irrigation—New(in place less than 60 days) ALL Addresses 6 days each week: Mondays, Tuesdays, Wednesdays. Thursdays. Saturdays and/or Sundays during the hours allowed for regular landscape irrigation and 5 days each week: Monday through Friday,_12:01 AM to 8:00 AM for all types of irrigation; Low Volume Hand Watering allowed anytime. An entire irrigation system zone can only be watered if it contains at least 50 percent new landscaping. irrigation System Maintenance Existing Systems 10 minutes per zone per week; person must be present in zone and working on the system during such operation New Systems 30 minutes per zone, one time only; person must be present in zone and working on the system during such operation. Pesticide, Fungicide, Herbicide, Fertilizer Application All Addresses Application shall be coordinated with the scheduled day/time for Landscape Irrigations; if applied outside of the allowed hours, and Words Underlined are added;Words&ueli Through are deleted. Page 6 of 14 (11) Packet Page -902- 5/27/2014 16.C.8. "watering in" is specified by the manufacturer of the applied material, the property owner and/or a licensed application technician commercial applicator (in accordance with the requirements of Ordinance No. 11-24) must be on the premises during such use. Other Outdoor Water Uses ALL Other Outdoor Other outdoor water uses, including car, truck, and boat washing Water Uses and the washing of exterior home surfaces and roofs, shall be allowed anytime with the use of Low Volume Pressure Cleaning Equipment, Low Volume Mobile Equipment Washing and/or water hose equipped with an automatic self-cancelling or automatic shutoff nozzle; in all cases, the water used must drain to a pervious surface or to a water recycling/reuse system. 5.2 All water irrigation and other outdoor use activities must and shall be operated in an efficient manner (defined as the opposite of "wasteful and unnecessary." supra.) so as to not allow water to be applied to any impervious surface. 5.3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. Devices, such as soil moisture sensors. evapotranspiration-based controllers or rain sensors, shall be required. pursuant to Section 373.62(1)1 Florida Statutes on automatic irrigation systems, no matter what water resource is used, to prevent irrigation during periods of sufficient moisture. Any person who purchase. installs or operates an automatic landscape irrigation system on their property must properly install, maintain, and operate. in accordance with manufacturer specifications. technology that inhibits or interrupts operation of the system during periods of sufficient moisture. 5.3.1—A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one (I) year of the effective date of this Ordinance. 5.3.3 The rain sensor switch shall be maintained in fully operational condition at all times by the owner/operator of the irrigation system. 5.4 All water irrigation or other outdoor use activities prohibited or restricted from time-to-time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general Words Underlined are added;Words Struck Through are deleted. Page 7 of 14 J . Packet Page -903- 5/27/2014 16.C.8. circulation in Collier County pursuant to Section 373.175, Florida Statutes, shall automatically be incorporated into and be enforceable by application of this Ordinance. Each such Order shall apply to such geographic areas in Collier County as is specified in the respective Order, or if not specified, as otherwise then provided by law. Each Order shall be subject only to such exceptions as are specified in the respective Order, and if not specified therein, as otherwise then provided by law. 5.5 No more than three-fourths (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. Broken or misdirected irrigation spray heads, irrigation system leaks, and other irrigation system malfunctions shall be repaired within thirty (30) days of delivery of written notification by county personnel to the address where the problem occurs. All landscape irrigation shall be limited in amount to only that necessary for efficient utilization 5.5.1 Irrigation systems; application of water. New or materially altered irrigation systems. All irrigation systems installed or materially modified after the effective date of this Ordinance, shall comply with the requirements set forth in this paragraph: 5.5.1.a Irrigated zones shall receive only one (1) form of spray. rotor, drip or other irrigation application. 5.5.1.b Irrigated turf areas shall be on separate irrigation zones from other landscape plant groupings. 5.5.1.c Overhead or spray landscape irrigation may be used for turferass, bedding plants and other ground cover having a mature or maintained height of no ereater than one (1) foot. All other landscape plants. including but not limited to trees and shrubs shall be irrigated using only Low Volume Irrigation Systems at the base of the plant or within the dripline of a tree; as appropriate, or by handheld hose or watering can. 5.5.1.d Landscape areas, including turf areas, measuring four (4) feet or less in width, shall be restricted to Low Volume Irrigation and must meet applicable landscape requirements. This provision shall not be applicable to turf located on rights-of-way. Words Underlined are added; Words Struck Through are deleted. Page 8 of 14 Packet Page -904- 5/27/2014 16.C.8. 5.5.1.e Notwithstanding any other provision of this section, no retrofitting shall be required so long as the material modification to an irrigation system causes a net decrease in the flow or volume produced by the emitters. 5.5.2 Irrigation system installation and maintenance. 5.5.2.a No irrigation system shall be designed, constructed, or materially modified, whether on residential or commercial property, except by licensed contractors or professionals: provided, however, that to the extent otherwise authorized by Florida law or this Code, a homeowner or property owner may construct. maintain and repair an irrigation system on his or her property. 5.5.2.b All irrigation equipment shall be operated in accordance with the individual system guidelines and maintained in good working order to prevent leaks and wasteful or unnecessary use of water. Irrigation runoff and overspray shall be minimized (kept as small as possible) consistent with what a reasonable person would find acceptable. 5.5.2.c All hand-held water hoses in use for landscape irrigation must be equipped with a functional automatic shut-off nozzle. 5.5.2.d Irrigation system controllers installed after the effective date of this Ordinance, for irrigation of golf courses, playing fields, and public recreation shall be equipped with functional soil moisture sensors. SECTION FOUR: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2002-17. Section Seven of Ordinance No. 2002-17 is hereby amended as follows: SECTION SEVEN: EXEMPTION; VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: 7.1.1 Landscaping irrigation from which- the source of the water is 100% reclaimed water. 7.1.2 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly from a Low Volume Irrigation System. 7.1.4 - -. - -- - - - . . . . - drains into only a pervious ground surface The use of water for Words Underlined are added;Words Struck Through are deleted. Page9ofl4 Packet Page-905- 5/27/2014 16.0.8. firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 7.1.5 s -- - - - . - . - . • _.. Water Management District. 7.1.5 Intensive recreational areas, such as playgrounds, football, baseball and soccer fields from which the source of the water is IQ water. 7.1.6 Irrigation using a micro-spray, micro-jet, drip, or bubbler irrigation system is allowed anytime. 7.1.7 Discharge of water from a water-to-air air-conditioning unit or other water-dependent cooling system is allowed anytime. 7.1.8 The use of water which meets or exceeds the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C., or which is authorized under a consumptive use permit pursuant to Rule 40C-2.042(2)(c), F.A.C. 7.2 Any individual's or entity's irrigation or other outdoor use that is affected by this Ordinance may make application to the—County Water 9-4..- ---- -' - to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation or other outdoor use. Variance relief may be granted only upon a written application applying for the variance, which application contains proof that the irrigation or other outdoor use hardship is peculiar to that individual, entity, or that affected property; that the hardship is not self-imposed; that the granting of the variance would be consistent with the general intent and purpose of this Ordinance; that the variance is necessary to eliminate an inequitable irrigation or other outdoor use hardship; and that each variance shall vary the irrigation or other outdoor use restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation or other outdoor use hardship that would exist but for the variance. No variance shall be granted unless the hardship identified in the application for the variance meets the criteria for a variance as adjudged by the Director or his designee. applicant is able to persuade the Director or his designee of the necessity for the variance. Words Underlined are added; Words Struck ough are deleted. Page 10 of 14 Packet Page -906- 5/27/2014 16.0.8. Applications to request a variance shall be forwarded as follows: To the county water department director or his designee, for potable water. To the county wastewater department director or his designee, for IQ water. To the South Florida Water Management District for all other water use class essources. If the initial decision is made by the Director's designee, the only appeal shall be to the Director, and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1, below. 7.2.1 The County's Water or Wastewater Director, or individual designated by the Water or Wastewater Director, shall be the only individual(s) authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten (10) days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later than ten (10) days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance, or otherwise. 7.3 The installation of smart devices. such as soil moisture sensors, and evapotranspiration-based controllers, pursuant to Section 373.62(1). Florida Statutes on automatic irrigation systems. allow property owners to qualify for a variance from the restrictions of this Ordinance. When an application is received the irrigation system and sensor will be inspected before a variance is granted. SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2002-17. Section Eight of Ordinance No. 2002-17 is hereby amended as follows: SECTION EIGHT: PENALTIES Words Underlined are added; Words Struck Through are deleted. Page 11 of 14 0� Packet Page -907- 5/27/2014 16.0.8. 8.1 -. - . . . - e _ ., - . . • . •. • - . -- . authorized by F.S. § 125.69, Section 1 6 of the County's Code of Laws and Ordinances, or as otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. A violation of any section of this Ordinance may be prosecuted pursuant to F.S. § 162.21, as a civil infraction with a maximum civil penalty not to exceed $500.00. Any person who violates any provision of this Ordinance shall also be subject to the County's remedies as authorized by F.S. § 125.69, Section 1-6 of the County's Code of Laws and Ordinances, or as otherwise then allowed by law. 8.1.1 Each day, or part thereof commencing at noon of the respective day, that a violation of this Ordinance occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Public Utilities Division's Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION SIX: REPEAL OF ORDINANCE NO. 2000-61, AS AMENDED. Ordinance No. 2000-61, as codified in Section 134-286 through Section 134-293 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION SEVEN: CONFLICT AND SEVERABILITY. Words Underlined are added;Words Struck Through are deleted. Page 12 of 14 Packet Page -908- 5/27/2014 16.0.8. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and protect the water resources of Collier County. If any section, phrase, sentence, or portion of the Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, 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 EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier . County, Florida, this day of , 2014. E Words Underlined are added;Words Struck Through are deleted. Page 13 of 14 Packet Page -909- 5/27/201416.0.8. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: us SI Scott R. Teach Deputy County Attorney Words Underlined are added; Words Struck Through are deleted. Page 14 of 14 Packet Page -910- 5/27/2014 16.C.8. EXHIBIT 2 CHAPTER 40E-24 MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION MEASURES CONSERVATION MEASURES 40E-24.011 Policy and Purpose 40E-24.101 Definitions 40E-24.201 Year-Round Landscape Irrigation Conservation Measures 40E-24.301 Local Government Option 40E-24.401 Enforcement 40E-24.501 Variances and Waivers 40E-24.011 Policy and Purpose. (1) This chapter comprises the Mandatory Year-Round Landscape Irrigation Conservation Measures within the boundaries of the South Florida Water Management District (District). These mandatory conservation measures are intended to provide a framework for consistent implementation to ensure the long-term sustainability of the water resources of the region, increase water use efficiency and prevent and curtail wasteful water use practices through regulator means for landscape irrigation by all users. Water savings achieved by public and private water supply utilities through conservation may be used to extend the availability of all water sources to meet future demands and defer the need for additional capital investment in alternative water supplies. subject to compliance with Chapters 40E-2 and 40E-20. F.A.C. Local governments are encouraged to implement these conservation measures through the adoption of ordinances that would include these measures, variance and enforcement provisions. These measures are in addition to Chapters 40E-2 and 40E-20, F.A.C., provisions and non-regulatory measures. such as education and incentive programs, which are also utilized by the District to promote water conservation. These conservation measures prohibit landscape irrigation during those periods of the day when irrigation efficiency significantly decreases, and limit landscape irrigation water use to two days per week except as specified herein. Users are encouraged to apple no more than 3'4-inch to 1-inch of water per sceek on their lawns and landscapes and only as needed to supplement rainfall. However, provisions have been made in this chapter to allow landscape irrigation three days per neck■ in designated nated counties to address utility operational, health, and safety and landscape concerns. (2)This chapter applies to all water users unless specified otherwise herein. (;}This chapter only applies to landscape irrigation as defined herein. "[his chapter does not apply to agricultural irrigation. (-l) In concert with the establishment of the year round landscape irrigation conservation measures of this chapter, the District commits to the following acesities: (a) Coordinate with stakeholders to develop and implement a water conservation partnership plan to further promote conservation and efficient use of water; (b) On at least an annual basis, evaluate the implementation and effectiveness of the District's water conservation partnership plan: and, (c) No later than live sears from the effective date of this chapter. District staff shall provide the Governing Board with tv' ontrnendations based on a comprehensive evaluation of this chapter and its implementation. The Governing Board mar revise this chapter at any time, as it deems appropriate. R. ,+,, is .eu.e _ ('0 .t 373.2/9, 3-3.223, :r-3.227 40E-24.101 Definitions. When used in this chapter: II "Address" means the"house number (a numeric or alphanumeric designations) that, together with the street name. describes the 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. If a lot number in a mobile home park or similar residential comnr,mits is not used i by the t;.S. Postal Service (e.g.. the park manager sorts incoming mail delivered to the community's address), then the community's main address shall he die property's address. If a property has no address it shall be considered"even-numbered". CI) "Athletic play area" means all golf course fairways, tees, roughs, and greens, and other athletic play surfaces; including. football, baseball, soccer, polo,tennis and lawn bowling fields,and rodeo equestrian and livestock arenas. Packet Page -911- 5/27/2014 16.0.8. (3) "Consumptive Use Permit (CLIP)" means a permit issued pursuant to Chapter 40E-2 or 40E-20, F.A.C., authorizing the consumptive use of water. (4)"Even Numbered Address" means an address, ending in the numbers 0, 2, 4,6, b, or rights-of-way or other locations with no address, or the letters A-M. (5)"Existing landscaping" means any landscaping which has been planted and in the ground for more than ninety (90) days. (6) "Landscaping" means shrubbery" trees, lawns, sod. grass. ground covers. plants" vines, ornamental gardens, and such other flora, not imended for resale, which are situated in such diverse locations as residential landscapes. recreation areas, cemeteries, public. commercial, and industrial establishments, public medians. and rights-of-way except athletic play areas as defined in subsection 40E-24.101(2), F.A.C. (7)"Low Volume I land Watering"means the watering of landscape by one person. with one hose fitted with a self-canceling or automatic shutoff nozzle. (8) "Low Volume Irrigation" means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to he placed with a high degree of efficiency, in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. (9) "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora, not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries. public, commercial, and industrial establishments, public medians, and rights-of- way except athletic play areas as defined in subsection 40E-24.101(2), F.A.C. (10) "Micro-irrigation" means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts such as bubbler,drip, trickle, mist or microspray. and subsurface irrigation. (1 1)"News landscaping" means any landscaping which has been planted and in the ground for ninety (90)dais or less. (12) "Odd Numbered Address" means an address ending in the numbers 1, 3. 5,7,9 or the letters N-7_. (13) "Reclaimed Water" means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210. F.A.C.. (14) "User" means any person, individual, firm, association, organization, partnership. business trust, corporation, company, agent, employee or other legal entity whether natural or artificial, the United States of America, and the State and all political subdivisions. regions. districts, municipalities. and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2 or 400-20, F.A.C., or uses from individual wells or pumps. (15) "Wasteful and unnecessary'" means allowing water to he dispersed without any practical purpose to the water use for example. excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use; for example, allowing landscape irrigation water to unnecessarily fail onto pavement. sidewalks and other impervious surfaces: allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system, I - - ntc'!.∎1:'.,_ n 40E-24.201 \car-Round Landscape Irrigation Conservation Measures, (I) They car-round landscape irrigation conservation measures contained in this chapter are applicable to all users as defined in subsection: 40E-24.101(141. F.a.C., including permitted and exempt users under Chapter 400-2. F.A.C., unless indicated otherwise herein. These conservation measures apply to all water sources. except that the use of reclaimed water, which may or may not be supplemented from another source, is allowed anytime. In addition to the requirements of this section. all permitted users under Chapters 400-2 and 40E-20. F.A.C., are required to maintain compliance o.ith all CUP conditions and terms, including those designed to require the implementation of water conservation practices. (2) Any restrictions or other measures declared pursuant to Chapter 400-21, F.A.C., or related Board or Executive Director orders which are more restrictive than a measure contained within this chapter. shall supersede this rule for the duration of the applicable outer■ shortage declaration. Packet Page -912- 5/27/2014 16.C.8. (3) It shall be the duty of each water user to keep informed as to the landscape irrigation conservation measures presented within this chapter, which affect each particular water use. (4) In addition to the specific conservation measures enumerated below, all wasteful and unnecessary water use as defined in subsection 40E-24.101(15). F.A.C., is prohibited. (5)The following requirements or exceptions shah apply to oh users unless specified otherwise herein: (a) Landscape irrigation shah he prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein. (b) Irrigation of new landscaping shall comply with the following provisions: 1. On the day the new landscaping is installed. the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is also allowable without regard to the normal allowable watering,days and times. 2. The ninety (90) day period begins the day the new landscaping is installed. The new landscaping shall he installed within a reasonable time from the date of purchase,which may be demonstrated with a dated receipt or invoice, 3. Irrigation of new landscaping which has been in place for thing(30) days or less may be accomplished on Monday.Tuesday, Wednesday, Thursday, Saturday, and Sunday. 4. Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, and Saturday. 5. Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only he utilized for landscape irrigation under this paragraph if the zone in question is for an area that contains at least 50"l, new landscaping. If a zone contains less than 50°' new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this paragraph. Targeted watering may he accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping. (c) Landscape irrigation systems may be operated during restricted days andror times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed 10 minutes per zone. id) Landscape irrigation for the purpose of watering-in fertilizers, insecticides. pesticides, fungicides and herbicides. where such watering-in is recommended by the manufacturer. or br federal, state or local lass, or best management practices, shall he allowed under the fuliowine conditions: I. Such watering-in shall be limited to one application unless the need for inure than one application is stated in the directions for application specified by the manufacturer; and 2. Such watering-in shall be accomplished during normally allowable watering days and times set forth in subsections (5)(a), (0), and (7) unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s)of needed watering-in activity. (e) Any plant material may be watered using ion volume irrigation. micro-irrigation, ion-volume hand watering methods, and rain barrels, cisterns, or other similar rain-harvesting devices 'without regard to the watering days or times allowed pursuant to this section. (6) Except as authorized in subsection (7), below, irrigation of existing landscaping shall comply with the following provisions: rat) Even addresses. installations with irrigation igatio , systems that irrigate both even and odd addresses srithin the same zones, such as multi-family units and homeowners. associations. and rights-of-way or other locations with no address as defined in subsection 1UE- 24.101(4'). F.A.C.. shall have the opportunity to accomplish necessary landscape irrigation only on Thursday and Sunday. (h) Odd addresses as defined in subsection 40E-2-7.101(12). P.A.C.. shall have the opportunity to accomplish necessary landscape irrigation only on Wednesday and Saturday. (7) Users located in Btoward. Collier. Glades, Hendry. Lee, Martin. Miami-Dade, Monroe. Palm Beach, and St. Lucie counties shall irrigate existing landscaping in accordance with the provisions set forth in subsection (6), above, or as pros tried helms, (a) Esen addresses, installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi-Tamils units and homeowners' associations, and rights-of-way or other locations ssOh no address as defined in subsection 40E- 24.101(4), 1: 1.C.. shall has c the opportunity to accomplish necessary landscape irrigation only on Tuesday,Thursday, and Sunday. (b) Odd addresses as defined in subsection 40E-24,101(12). F.A.C.. shall have the opportunity to accomplish necessary Packet Page -913- 5/27/2014 16.C.8. landscape irrigation only on Monday. Wednesday. and Saturday. Ruien enirt«AI/An-Jr.,.3 373.644, 3"3.113, 373.I-/ F: . Li 11,cRI implemented 373.0-;3 $ $.i 2i. 373 71, 373.2 19 373.22_3 373.227 l.S' Hisior-r 6-/2-O3. :9mrf11ed 3-15-10. 40E-24.301 Local Government Option. (1) Local governments that wish to enforce alternative landscape irrigation conservation measures, shall be considered to be in substantial compliance with this rule upon the enactment of an ordinance establishing landscape irrigation measures which achieve water conservation consistent with the number of days and times for landscape irrigation set forth in subsections 40E-24.201(5)-(7), F.A.C. Such ordinance shall provide for variance and enforcement procedures that do not diminish the effectiveness of the measures. (2) Local governments with a jurisdiction divided between the South Florida Water Management District and another water management district may enact an ordinance providing for alternative landscape irrigation conservation measures as necessary for the local government to achieve a uniform schedule within its jurisdiction that is in accordance with at least one of the involved water management district rules. (3) At least thirty (30) days prior to the adoption of an ordinance for alternative landscape irrigation conservation measures.the local government shall submit the proposed ordinance to the District. (4) In order to evaluate the effectiveness of the alternative conservation measures, such local governments shall provide an annual report to the District which includes any variances granted or denied, enforcement actions taken and any measures proposed to be amended in the next reporting period. Each annual report shall be submitted to the District no later than September 30th of each year following the adoption of this chapter. (5) Users within the jurisdiction or customers of such local governments shall comply with the alternative landscape irrigation conservation measures contained within the ordinance implementing that program and are not subject to the measures contained in subsections 40E-24.20l(5)-(7), F.A.C. Rulemakin, Author/iv 373.0*-1, 373.11? 3 I 1 FS. impforncnicd 3739-12. 3-311,221 _731-1 373.:19, 3-3223 37.3227. 373.009 /-.S' IILrr��rr :A'�•ir()-I2-03. -tmended 3-15-10. 40E-24.401 Enforcement. (1) As required by Section 373.609, F.S.. each county and city commission, state and county sheriff, police officer and other appropriate local government official in the region covered by this chapter which is not implementing alternative landscape irrigation conservation measures pursuant to a local government ordinance. shall respond to address-specific or location-specific violations of this chapter upon request from the District. (2) A local government is strongly encouraged to enforce Rule 40E-24.201, F.A.C., within its jurisdiction by adopting an ordinance that incorporates the provisions set forth in Rule 40E-24.201. F.A.C. At least thirty (30) days prior to the adoption of an ordinance to enforce Rule 40E-24,201, F.A.C., the local government shall submit the proposed ordinance to the District. (:) in enforcinit the provisions of this chapter the District will utilize any of the enforcement remedies available u, nt to Chapter 120 or 3. F.S., or applicable District rule. The Executive Director may take appropriate action pursuant to Sections 373.119. 373.175(4x. $71;.249(7)and 120.69. F.S.,to enforce the provisions of this chapter. !laic �t .l; ,o, 'r 373.(44, _373.113, 373. . FS- l,;;ti 1 (:nave...' 3-3.;; - - :3109F.S -U'u (5-12-03. :imcnred 15-10. 40E-24.501 Variances and Waivers. 11 t Users nnaS request relief from the provisions of this Chapter by filing a petition for variance or waiver pursuant to Section 120.542, F.S.- and Chapter 28-104, E.A.C. Examples of circumstances. which. subject to the above-referenced statute and rule and the pros i si0ns below\, may be candidates for the !SSuance of a variance, include but are not limited to: (a) Two or more properties vyhich share a common source of water: (b) A public or private water system experiencing, or anticipating distribution problems that cannot be addressed through Rule 40E-24.301. F.A.C.: (c) User nnainlaitts all irrigation system that uses soil moisture sensors oit) remote monitoring and adjustment capabilities that satisfies the requirements set forth in Section 373.62(;). F.S. Packet Page -914- 5/27/2014 16.C.8. (2)A variance or waiver is invalid if it has expired or if the user or its agent violates the terms of the variance or waiver. (3) Where a local government has adopted an ordinance incorporating the provisions set forth in Rule 40E-2201, F.A.C.. or alternative landscape irrigation measures pursuant to Rule 40E-24.301. F.A.C., the local government may grant a variance from the specific day or days for landscape irrigation identified in the ordinance, or the specific day or days for landscape irrigation identified in the ordinance adopting the alternative landscape irrigation measures, provided that the applicant demonstrates with particularity that compliance with the schedule of days for landscape irrigation will result in a substantial hardship on the applicant requesting the variance or those served by the applicant. If granted. the applicant shall he required to post a notice at each parcel to which the variance pertains. Rule/nuking .iuthoriti, /20542. 3 73.044 3%3.113, 373.1-1 FS. Laic lr,:p/enrcn;rd 120.542, 373.119. 373.17 1. 373 , ,_(4). _37321Q, 37.3.227, 373'46(7), 373,603. _37_3.609 FS. flisto/ ,,.V-c 3-/5-10. Packet Page -915- Statutes cJ Constitution :View Statutes : Online Stirlshi; 5/27/2014 16.C.8. EXHIBIT 3 Select Year: 2013;' Go The 2013 Florida Statutes Title XXVIII Chapter 373 View Entire NATURAL RESOURCES; CONSERVATION, WATER Chapter RECLAMATION, AND USE RESOURCES 373.62 Water conservation; automatic sprinkler systems.— (1) Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. (2) A licensed contractor who installs or performs work on an automatic landscape irrigation system must test for the correct operation of each inhibiting or interrupting device or switch on that system. If such devices or switches are not installed in the system or are not in proper operating condition, the contractor must install new ones or repair the existing ones and confirm that each device or switch is in proper operating condition before completing other work on the system. (3) The department shall create a model ordinance by January 15, 2010, that may be adopted and enforced by local governments. The ordinance must, at a minimum: (a) Require licensed contractors to report automatic landscape irrigation systems that are not in compliance with this section to the appropriate authority. (b) Provide penalties for licensed contractors who do not comply with this section. The minimum penalty must be $50 for a first offense, $100 for a second offense, and $250 for a third or subsequent offense. Regular maintenance and replacement of worn or broken technology which interrupts or inhibits the operation of an automatic landscape irrigation system is not a violation of this section if such repairs are conducted within a reasonable time. (d) Local governments may adopt the model ordinance by October 1, 2010. Local governments that impose requirements that are more stringent than the model ordinance are exempt from adopting the ordinance. (5) Funds generated by penalties imposed under the ordinance shall be used by the local government for the administration and enforcement of this section and to further water conservation. activities. (6) For purposes of this section, a licensed contractor includes an individual who holds a specific irrigation contractor's license issued by a county. (7)(a) The Legislature recognizes that lawn and Landscape irrigation systems use a substantial amount of the state's potable water. The Legislature finds that smart irrigation systems that use soil moisture sensors with remote monitoring and adjustment capabilities, if property installed and monitored, provide more efficient irrigation and save substantially more water than conventional time- controlled irrigation systems. This is because smart irrigation systems apply water to lawns and plants only as necessary to maintain required soil moisture, thus minimizing the overwatering or unnecessary watering that occurs with conventional irrigation systems. However, in order for this technology to http:'Rvw .lc t.).str,tc.tl 1i Stalute,`incie .clr,Packet Page 916,r,1av Statule&Searcll Strine... 5'1 3i")O]4 atut s Constitution :Vi_\\ Statutes : Online Sunshine 5/27/2014 16.C.8. optimize the efficient application of water it cannot be subject to day or days-of-the-week watering restrictions. The Legislature, therefore, recognizes that enacting a statewide process to provide an exemption from local water restriction ordinances will accelerate the adoption of this water saving technology. Further, a uniform exemption process wilt streamline variance procedures and minimize delay in implementing such technology. The longer it takes to approve soil moisture sensor control systems, the more potable water is wasted. A uniform variance process wilt allow state residents to maintain their property and protect water resources while enjoying their landscapes. (b) For purposes of this subsection, the term: 1. "Monitoring entity" means a local government, community development district created pursuant to chapter 190, a homeowners' association created pursuant to chapter 720, a condominium association created pursuant to chapter 718, a cooperative created pursuant to chapter 719, or a public or private utility. 2. "Soil moisture sensor" means a soil-based device that assesses the available plant soil moisture in order to minimize the unnecessary use of water and optimize the effectiveness of an irrigation system. 3. "Soil moisture sensor control system" is the collective term for an entire soil moisture sensor system that has remote monitoring and adjustment capability. (c) A variance from day or days-of-the-week watering restrictions, which shall include the maximum soil set point for different soil types within the monitoring entity's jurisdiction, shall be granted by the applicable water management district for any residential, commercial, or recreational user within a monitoring entity's jurisdiction having a soil moisture sensor control system if the monitoring entity certifies that: 1. Each soil moisture sensor control system installed within its jurisdiction wilt have multiple soil sensors that conform to different soil types and slopes in order to optimize water use for each user, adjust irrigation schedules based on soil moisture requirements, and be installed by a licensed contractor in a manner that is consistent with the Field Guide to Soil Moisture Sensor Use in Florida by the UniveYsity of Florida IFAS Extension Program for Resource Efficient Communities. 2. It has the ability to monitor the status of each individual user's system and to remotely modify the system settings for irrigation cycles and run times. 3. It will electronically post and update a list of active users of soil moisture sensor control systems within its jurisdiction on a monthly basis and provide Internet access to such listing and the monitoring database to the water management district and the local government. 4- It shalt provide notice to a user of noncompliant activity within 48 hours after such activity and, if the user does not take corrective action within -48 hours after such notice, it will remove the posted notice required in subparagraph 5. and remove the user from the active users list required by subparagraph 3. 5. it shall post a notice at each parcel that has installed a compliant soil moisture sensor control system in plain view from the nearest roadway stating: "Irrigating with Smart Irrigation Controller," with the address of the parcel, and shall remove the notice if the user is no longer being monitored by the monitoring entity. (d) Upon installation of a soil moisture sensor control system, the licensed contractor shall certify to the monitoring entity that subparagraphs (c)1. and (c)2. have been met. 1. The monitoring entity shall post the notice required by subparagraph (c)5. on the user's property and update the Internet listing of users of active soil moisture sensor control systems to include the new user. flit p: .svx:-ivv.i� .staid.? t Packet Page 917 ,,1av l l 1-t;s'Srttu es'indez.cf ; r. atute caret String... �.:1 3`-014 Statutes & Constitution :Vice Stattilcs : Online SuriSli ri 5/27/2014 16.C.8. 2. On an annual basis a professional engineer licensed under chapter 471 or a professional landscape architect licensed under chapter 481 shall perform an annual maintenance review of all soil moisture sensor control systems within the monitoring entity's jurisdiction and certify to the monitoring entity which systems are properly operating and in compliance with paragraph (c). The monitoring entity shall update its Internet listing of users of active soil moisture sensor control systems based on the certification. (e) Failure by the monitoring entity to ensure continual compliance with the condition of this variance shall be cause for the appropriate water management district to revoke the variance upon proper notice to the monitoring entity. (f) The variance provided in this subsection applies to day or days-of-the-week watering restrictions of the water management district as preempted by s. 373.217. All other applicable local government and water management district restrictions related to irrigation, including, but not limited to, a prohibition on irrigation and time-of-day watering requirements and water shortage or emergency orders issued pursuant to s. 373.246(2) and (7), remain applicable to the soil moisture sensor control system users within a monitoring entity's jurisdiction. (g) This subsection does not require a property owner to install a soil moisture sensor control system. This subsection also does not prohibit a property owner from installing soil moisture sensors and seeking an individual variance from the applicable water management district even if such property is located within the jurisdiction of a monitoring entity that has been granted a variance pursuant to paragraph (c). History.--s. 7, ch. 91-41; s. 7, ch. 91-68; s. 6, ch. 2001-252; s, 1, ch. 2009-199. Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact L rs into: '\v\v«.)Cg.State.ttus ` titutes iiidicx.ch,P. acket Page 918 ,]3t Statute&Sc arch Slritl c/1 3;"'f)1