Ordinance 2015-27 ORDINANCE NO. 2015- 2 7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND
LANDSCAPE IRRIGATION RESTRICTIONS; PROVIDING FOR DECLARATION OF
WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR
VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING
FOR ENFORCEMENT OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING
FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the South Florida Water Management District has responsibility and
exclusive authority under Chapter 373, Florida. Statutes, for regulating the consumptive use 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; and
WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in Subsection 40E-
24.101(14), F.A.C., including permitted and exempt users under Chapters 40E-2, F.A.C.; and
WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40E-24.301, F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
WHEREAS, it is the desire of the the Collier County Board of County Commissioners to
adopt such an ordinance in accordance with Rule 40E-24.201, F.A.C.; and
WHEREAS, the 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 Collier County Board of County
Commissioners of Collier County, Florida that this Ordinance is hereby created to read as
follows:
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(1)
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
Section 1. INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to implement procedures that promote water
conservation through the more efficient use of landscape irrigation.
Section 2. DEFINITIONS
For the purpose of this Article the following terms, phrases, words, and their derivatives
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural.
(a) "Address" means the "house number" (a numeric or alphanumeric designation)
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 community 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."
(b) "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.
(c) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapters
40E-2, F.A.C., authorizing the consumptive use of water.
(d) "District"means the South Florida Water Management District.
(e) "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.
(f) "Existing landscaping" means any landscaping which has been planted and in the
ground for more than ninety(90)days.
(g) "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants,
vines, ornamental gardens, and such other flora not intended 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(6),F.A.C.
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(h) "Low Volume Hand Watering" means the watering of landscape by one person,
with one hose, fitted with a self-canceling or automatic shutoff nozzle.
(i) "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
be 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.
{j) `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(9), F.A.C.
(k) "Micro-irrigation" means the application of small quantites 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) "New landscaping" means any landscaping which has been planted and
established for ninety(90) days or less.
(m) "Odd Numbered Address" means an address ending in the numbers 1, 3, 5, 7, 9 or
the letters N-Z.
(n) "Reclaimed Water" or.Irrigation Quality (IQ) 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 62-610.200(48), F.A.C.
(o) "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, F.A.C., or uses from individual wells or pumps.
(p) "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, regardless of the type of water use;
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for example, allowing landscape irrigation water to unnecessarily fall onto
pavement, sidewalks and other impervious surfaces; allowing water flow through
a broken or malfunctioning water delivery or landscape irrigation system
(q) "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
(r) "Water shortage" means when the District has determined there is the possibility
that insufficient water will be available to meet the estimated present and
anticipated user demands or to protect the water resource from serious harm.
(r) "Water shortage emergency" means when the District has determined that the
provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect
the public health, safety, or welfare, the health of animals, fish, or aquatic life, a
public water supply, or commercial, industrial, agricultural, recreational, or other
reasonable-beneficial uses.
Section 3. YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-24.201 F.A.C., and any subsequent additions, deletions or
corrections thereto; and which are set out as follows:
(a) It shall be the duty of each user to keep informed as to the landscape
irrigation conservation measures presented within this section, which
affect each particular water use.
(b) In addition to the specific conservation measures enumerated below,
all wasteful and unnecessary water use as defined in Section 2(p), is
prohibited.
(c) The following requirements or exceptions shall apply to all users
unless specified otherwise herein:
(1) Landscape irrigation shall be prohibited daily between the
hours of 10:00 a.m. and 4:00 p.m., except as otherwise
provided herein.
(2) Irrigation of new landscaping shall comply with the following
provisions:
i. 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
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landscaping is also allowable without regard to the normal
allowable watering days and times.
ii. The ninety (90) day period begins the day the new
landscaping is installed. The new landscaping shall be
installed within a reasonable time from the date of
purchase, which may be demonstrated with a dated receipt
or invoice.
iii. Irrigation of new landscaping which has been in place for
thirty (30) days or less may be accomplished on Monday.
Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
iv. 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/or Saturday.
v. Irrigation of the new landscaping is limited to areas
containing the new landscaping only. An entire zone of an
irrigation system shall only be utilized for landscape
irrigation under this paragraph if the zone in question is for
an area that contains at least 50% 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 be accomplished by low volume
hand watering, or any appropriate method which isolates
and waters only the new landscaping.
(2) Landscape irrigation systems may be operated during restricted days and/or 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.
(3) Landscape irrigation for the purpose of watering-in fertilizers, insecticides,
pesticides, fungicides and herbicides, where such watering-in is recommended by
the manufacturer, or by federal, state or local law, or best management practices,
shall be allowed under the following conditions:
(a) Such watering-in shall be limited to one application unless the need
for more than one application is stated in the directions for
application specified by the manufacturer; and
(b) Such watering-in shall be accomplished during normally allowable
watering days and times set forth in Paragraphs 1(c)(2), 1(c)(6) of
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this Section, unless a professional licensed applicator has posted a
temporary sign containing the date of application and the date(s) of
needed watering-in activity.
(4) Any plant material may be watered using low volume irrigation, micro-irrigation,
low-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.
(5) Irrigation of existing landscaping shall comply with the following provisions:
(a) Even addresses, 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 as defined in Section 2(e), shall have
the opportunity to accomplish necessary landscape irrigation only on
Tuesday and/or Thursday and/or Sunday.
(b) Odd addresses as defined in Section 2(m), shall have the opportunity
to accomplish necessary landscape irrigation only on Monday and/or
Wednesday and/or Saturday.
(6) In the absence of a declaration of a water shortage condition or water shortage
emergency within all or any part of Collier County by the Governing Board or
Executive Director of the District, the landscape irrigation restrictions or other
measures adopted by the District applicable to Collier County or any portion
thereof shall be subject to enforcement action pursuant to Section 6 below. Any
violation of the provisions of Chapter 40E-24.201, F.A.C. or this Ordinance shall
be a violation of this section.
Section 4. DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE
EMERGENCY
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-21, Florida Administrative Code, and subsequent additions
or corrections thereto; and the same are hereby adopted and incorporated as if
fully set out at length.
6L.
(2) The declaration of a water shortage condition and/or water shortage emergency
within all or partys of Collier County by the Governing Board or Executive
Director of the District shall invoke the provisions of this article. Upon such as
declaration all water use restrictions or other measures adopted by the District
aplicable to Collier County, or any portion thereof, shall be subject to
enforcement action pursuant to this article. Any violation of the provisions of
Chapter 40E-21, F.A.C., or any order issued pursuant thereto, shall be a violation
of this article.
Section 5. VARIANCES
(1) A variance from specific days or days identified in Section 3 above may be
granted if strict application of the restrictions would lead to unreasonable or unfair
result in particular instances, provided that the applicant demonstrates with
particularity that compliance with the schedule will result in substantial economic,
health, or other hardship on the applicant requiring a variance or those served by
the applicant. Where a contiguous property is divided into different zones a
variance may be granted hereunder so that each zone may be irrigated on days
different than other zones of the property. However, no single zone may be
irrigated more than three days per week.
(2) Collier County hereby recognizes any and all variances issued by the South
Florida Water Management District to those users who operate and maintain
smart irrigation systems which meet the requirements of Section 373.62(7), Fla.
Stat.
(3) Applications for a variance shall be in accordance with the instructions included
at Appendix A.
Section 6. APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply to each user within the boundaries of the
unincorporated areas of Collier County, Florida, and applies to all water resources as defined
herein,unless otherwise specifically addressed through an agreement or issuance of a variance.
Section 7. ENFORCEMENT OFFICIALS
Law enforcement officials having jurisdiction in the area governed by this Ordinance are
hereby authorized to enforce the provisions of this Ordinance. In addition, the Collier County
Manager may delegate enforcement responsibility for this ordinance to agencies and departments
of Collier County government.
Section 8. PENALTIES
(1) Violations of any provision of this article may be punished pursuant to Section
162.21, Florida Statutes, as amended, as a civil infraction with a maximum civil penalty not to
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exceed $500. Any person violates any provision of this Ordinance shall also be subject to the
County's remedies as authorized by F.S. § 125.69, Chapter 1, Section 1-6 of the Code of Laws
and Ordinances of Collier County, Florida, or as otherwise then allowed by law, as may be
amended from time to time.
Section 9. REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61,AS AMENDED
Ordinance Numbers 2002-17 and 2000-61, as amended, and codified in the Collier
County Code of Laws and Ordinances, is hereby repealed in their entirety.
Section 10. CONFLICT AND SEVERABILITY
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 11. 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. Those provisions of State law incorporated by general
reference herein shall be as they now exist and as they may be amended from time to time. To
the extent that the provisions of this Ordinance is more stringent that those of State law,the more
stringent provisions shall apply.
Section 12. EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2-AWN day of NY-A , 2015.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT I .:BROCK Clerk COLLIER COUNTY, FLORIDA
By: atail..i, d ..C . By: I
►,, Clerk TIM NANCE, CHAIRMAN
• AItatlraS o
siteure only.
Approved as to form and legality:
/2 /i.e..,
Scott R. Teach
Deputy County Attorney
This ordinance filed with the
y of St�te�?ff 01 ti e
day of
and acknowledgem t that
filin ceeived_this day
of .
By
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9 40
COLLIER COUNTY WATER SEWER DISTRICT
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
APPENDIX A—VARIANCES
Applications for a variance in accordance with Section 5 of this ordinance, where strict
compliance with the schedule in Section 3, would lead to an unreasonable or unfair result, shall
be submitted in writing, and include the following:
(1) Name of Property Owner
(2) Property Owner's Agent (if applicable)
(3) Water Resource
(4) Utilities Account No. (if applicable)
(5) Service Address
(6) Contact Details
(7) Reason for Request
(8) Description of the particularity of compliance with the schedule that cannot be met
(9) Description of the substantial economic,health, or other hardship that would be incurred
Applications for a variance shall be submitted for the attention of:
Water Department Director
3339 Tamiami Trail E, Suite 301
Naples FL 34112
The Water Department Director's decision with respect to granting, or not granting a variance
will be final. Applicants will be notified in writing of the Water Department Director's decision.
10 (r)ts
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 30, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-27, which was filed in this office on April 30, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us