Agenda 04/28/2015 Item #17C 4/28/2015 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance to maintain compatibility with the South Florida Water
Management District's Mandatory Year-Round Landscape Irrigation Conservation Measures, as
amended, and repeal Ordinance Numbers 2002-17 and 2000-61.
OBJECTIVE: To maintain compatibility with the South Florida Water Management District's
(SFWMD) Mandatory Year-Round Landscape Irrigation Conservation Measures, as amended, and repeal
Ordinance Numbers 2002-17 and 2000-61, as amended, which also addresses irrigation issues.
CONSIDERATIONS: On April 14, 2015 the Board unanimously authorized advertising the proposed
Ordinance for adoption.
The proposed Ordinance (Exhibit 1) correlates to amendments to SFWMD's Mandatory Year-Round
Landscape Irrigation Conservation Measures, Chapter 40E-24, F.A.C., as amended (Exhibit 2) and is
proposed to replace Ordinance Number 2002-17. 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 curtail and prevent wasteful water use practices
for landscape irrigation by all users. The measures prohibit landscape irrigation during those periods of
the day when irrigation efficiency significantly decreases.
Benefits to Collier County Water-Sewer District customers include:
• saving money — reduces utility bills by interrupting the irrigation system after adequate rainfall,
especially for customers who are not in residence during the rainy season;
• reducing wear on the irrigation system because the system runs only when necessary; and,
• reducing disease damage to lawns by eliminating over-watering.
All residents and visitors to Collier County benefit by protecting water resources.
The proposed Ordinance has the following proposed changes:
• Now includes IQ water in the restricted hours for irrigation.
• An appendix has been included that identifies the process that constituents must follow to apply
for a variance.
• Variances are recognized for property owners who install "smart" moisture sensors.
• Athletic play areas, including golf courses, are exempt from the restricted irrigation hours.
• Irrigation hours have been extended to all times EXCEPT between 10 a.m. and 4 p.m. when
irrigation is the least efficient(formerly only allowed between 12:01 a.m. and 8 a.m.)
The proposed Ordinance includes extending restrictions to all water sources, including wells and
irrigation quality water.
The proposed Ordinance also incorporates the repeal of Ordinance No. 2000-61, which is an earlier,
outdated and redundant Collier County Water Irrigation Ordinance codified in the Collier County Code of
Laws and Ordinances in Sections 134-286 through Section 134-293.
Several meetings and communications were held with the Collier Building Industry Association
contributing to the decision to replace the existing ordinance. The Development Services Advisory
Committee reviewed the proposed Ordinance at its March 4, 2015 meeting and had no recommendations
or changes.
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Community outreach is scheduled to include email notification to all homeowners' and condominium
owners' associations, and staff attendance at community civic association meetings to disseminate
information regarding the water conservation measures included in the amended ordinance. Information
will also be available on several pages of the county's website, including Utility Billing & Customer
Service, Water, and Wastewater Services.
FISCAL IMPACT: There is no fiscal impact associated with this item.
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 adopt an Ordinance to maintain
compatibility with the South Florida Water Management District's Mandatory Year-Round Landscape
Irrigation Conservation Measures, as amended, and repeal Ordinance Numbers 2002-17 and 2000-61.
Prepared By: Peter Lund,Manager Customer Service and Utilities Education and Compliance
Attachments:
Exhibit 1 -Proposed Ordinance No. 2015-
Exhibit 2 -F.A.C. Chapter 40E-24
Exhibit 3 -Florida Statute 373-62
Exhibit 4–Ordinance No. 2000-061
Exhibit 5–Ordinance No. 2002-017
Exhibit 6-- Proof of Advertising
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
Item Summary: Recommendation to adopt an Ordinance to maintain compatibility with
the South Florida Water Management District's Mandatory Year-Round Landscape Irrigation
Conservation Measures, as amended, and repeal Ordinance Numbers 2002-17 and 2000-61.
Meeting Date: 4/28/2015
Prepared By
Name: SteinbringSherry
Title: Accounting Technician,Utilities Finance Operations
3/5/2015 4:24:27 PM
Submitted by
Title: Manager-Revenue,Utilities Finance Operations
Name: LundPeter
3/5/2015 4:24:28 PM
Approved By
Name: JohnssenBeth
Title: Division Director-Wastewater, Wastewater
Date: 3/6/2015 7:19:47 AM
Name: HapkeMargie
Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 3/6/2015 8:43:15 AM
Name: Steve Messner
Title: Division Director-Water, Water
Date: 3/6/2015 9:55:14 AM
Name: JacobsSusan
Title: Operations Analyst, Wastewater
Date: 3/6/2015 11:20:39 AM
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Name: LundPeter
Title: Manager-Revenue,Utilities Finance Operations
Date: 3/9/2015 9:53:59 AM
Name: Joseph Bellone
Title:Division Director-Operations Support,Utilities Finance Operations
Date: 4/15/2015 9:47:48 AM
Name: YilmazGeorge
Title:Department Head-Public Utilities,Public Utilities Department
Date: 4/15/2015 10:01:58 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/15/2015 10:21:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2015 3:58:05 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 4/16/2015 12:26:19 PM
Name: Casalanb idaNick
Title: Deputy County Manager, County Managers Office
Date: 4/16/2015 3:19:13 PM
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ORDINANCE NO. 2015-
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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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 I(c)(2), I(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.
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(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 S. 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 day of , 2015.
AT l EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
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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.
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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 regulatory 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 apply no more than 3/4-inch to 1-inch of water per week 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 week in designated counties to address utility operational, health, and safety and landscape
concerns.
(2)This chapter applies to all water users unless specified otherwise herein.
(3)This chapter only applies to landscape irrigation as defined herein. This chapter does not apply to agricultural irrigation.
(4) In concert with the establishment of the year round landscape irrigation conservation measures of this chapter, the District
commits to the following activities:
(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 five years from the effective date of this chapter. District staff shall provide the Governing Board with
recommendations based on a comprehensive evaluation of this chapter and its implementation. The Governing Board may revise
this chapter at any time,as it deems appropriate.
Rulemaking Authoriy 3-3.044, 37 3.113. 373.171 £S. Law implemented 373.042. 373.0421, 373.171, 373.219, 373.223, 373.22'I'S. Nistury-Vew
6-12-03,Amended 3-15-10.
40E-24.101 Definitions.
When used in this chapter:
(1)"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".
(2) "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.
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(3) "Consumptive Use Permit (CUP)" 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, 8,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 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(2),F.A.C.
(7)"Low Volume Hand 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 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.
(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.
(11)"New landscaping"means any landscaping which has been planted and in the ground for ninety(90)days or less.
(12)"Odd Numbered Address"means an address ending in the numbers 1,3, 5,7,9 or the letters N-Z.
(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
40E-20, F.A.C.,or uses from individual wells or pumps.
(15) "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; 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.
Rulemaking Authority 373.044, 373.113, 373.171 ES. Law Implemented 373.042, 373.0421. 373.171. 373.219, 373.223, 373.227 FS, llistoo—.Vew
6-12-03. Amended 3-15-10.
40E-24.201 Year-Round Landscape Irrigation Conservation Measures.
(1)The year-round landscape irrigation conservation measures contained in this chapter are applicable to all users as defined in
subsection 40E-24.101(14), F.A.C., including permitted and exempt users under Chapter 40E-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 40E-2 and 40E-20. F.A.C., are required to maintain compliance with 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 40E-2 I, 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 water shortage declaration.
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(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 shall apply to all users unless specified otherwise herein:
(a) Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as other wise 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 be 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 thirty(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 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.
(c) Landscape irrigation systems may be operated during restricted days andlor 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.
(d) 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:
1. 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
2. Such watering-in shall be accomplished during normally allowable watering days and times set forth in subsections (5)(a),
(6),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 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.
(6)Except as authorized in subsection (7),below, 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 subsection 40E-
24.101(4), F.A.C.,shall have the opportunity to accomplish necessary landscape irrigation only on Thursday and Sunday.
(b) Odd addresses as defined in subsection 40E-24.101(12), F.A.C., shall have the opportunity to accomplish necessary
landscape irrigation only on Wednesday and Saturday.
(7) Users located in Broward, 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 provided below.
(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 subsection 40E-
24,101(4), F.A.C.,shall have 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
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landscape irrigation only on Monday, Wednesday,and Saturday.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Latin implemented 373.042. 373.0421. 373.171, 373.219. 373.223. 373.227 FS. History 7'New
6-12-03,Amended 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 he 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-24.201(5)-(7), F.A.C.
Rulemaking Authority 373.044, 373.113. 373.171 FS. Law- Implemented 373.042, 373.0421, 373.171. 373.219. 373.223, 373?27, 373.609 FS.
History--N'ew 6-12-03.Amended 3-15-10.
40E-24.401 Enforcement.
(1)As required by Section 373.609, F.S., each county and city commission,state and county attorney,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-24201, F.A.C.,the local government shall submit the proposed ordinance to the District.
(3) In enforcing the provisions of this chapter the District will utilize any of the enforcement remedies available pursuant to
Chapter I20 or 373, F.S., or applicable District rule. The Executive Director may take appropriate action pursuant to Sections
373.119,373.175(4),373.246(7)and 120.69, F.S., to enforce the provisions of this chapter.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.1 19, 3"'3.171, 373.175(4). 373.2 19. 3.73.277, 373.24671. 373.603,
373.609 FS History—New 6-12-03. Amended 3-15-10.
40E-24.501 Variances and Waivers.
(1) Users may 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, F.A.C. Examples of circumstances. which. subject to the above-referenced statute and rule and
the provisions below,may be candidates for the issuance of a variance, include but are not limited to:
(a)Two or more properties which 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 maintains an irrigation system that uses soil moisture sensors with remote monitoring and adjustment capabilities that
satisfies the requirements set forth in Section 373.62(7), F.S.
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(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-24.201, 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 be required to post a notice at each parcel to which the
variance pertains.
Rulemaking Authority 120.542, 373.044, 373.113, 373.17/ FS. Law Implemented 120.542. 373.119. 373.171. 373.175(4). 373.219, 373.227.
373.246(7). 373.603, 373.609 F.S. 1/istot —New 3-15-10.
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EXHIBIT 3
Select Year: '2013 Go ;J
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 property
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.
(4) 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 properly 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
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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 will 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 will 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 University 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 shalt 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 shalt 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 shalt 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.
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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 property operating and in compliance with paragraph (c). The monitoring entity shalt
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 shalt 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 Q 1995-2014 The Florida Legislature • Privacy Statement • Contact Us
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,'
• A' ORDINANCE NO.2000-61
\'ik HE •OLLIER COUNTY WATER IRRIGATION ORDINANCE, TO
`�3r PR t, «OBIT MOST WATER IRRIGATION EACH DAY BETWEEN THE
4'k - . ' OF 9:00 A.M. AND 5:00 P.M. WITHIN THE BOUNDARIES OF
X84. E COLLIER COUNTY WATER/SEWER DISTRICT AND WITHIN
THE BOUNDARIES OF THE GOODLAND WATER DISTRICT; ALSO
WITHIN OTHER GEOGRAPHIC AREAS OF UNINCORPORATED
COLLIER COUNTY IF, WHEN, AND TO THE EXTENT THAT THE
RESPECTIVE AREA IS DESIGNATED AS AN IRRIGATION
RESTRICTED AREA BY RESOLUTION OF THE BOARD; PROVIDING
PURPOSE, DEFINITIONS, WATER IRRIGATION HOURS AND
OPERATIONAL PROHIBITIONS; PROVIDING EXEMPTIONS,
VARIANCE PROCEDURES AND PENALTIES; PROVIDING FOR
CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION INTO
THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS,Chapter 125,Florida Statutes,authorizes Boards of County Commissioners
to enact regulations deemed by the respective Board to be necessary for the health, safety and
welfare of the residents,citizens or visitors of the respective County;and
WHEREAS, the South Florida Water Management District, by its permits conditions,
has required each county and municipal government to adopt a local ordinance to regulate day-
time water irrigation,and
WHEREAS, the rapid growth of Collier County has placed, and continues to place,
increasing demands on water resources in Collier County;and
WHEREAS, the Board of County Commissioners of Collier County intend to try to
ensure continued health, safety, welfare, and quality of life for the existing and future citizens,
residents and visitors to Collier County by conserving water resources;and
WHEREAS,this Ordinance applies only in unincorporated Collier County. -
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 'COUNTY °.,-
COMMISSIONERS OF COLLIER COUNTY FLORIDA,that: ( ; J t 1
}
CD
SECTION ONE: TITLE AND APPLICABILITY. v? c
1.1 This Ordinance is entitled"The Collier County Water Irrigation Ordinance.”This
Ordinance shall apply only within unincorporated Collier County.
SECTION TWO: FINDINGS.
The Board of County Commissioners hereby makes the following findings:
2.1 That irrigation by water during the hours of 9:00 a.m. and 5:00 p.m. increases
water loss to evaporation and reduces the beneficial use of water resources;
2.2 That adopting an Ordinance to limit irrigation between 5:00 p.m. and 9:00 a.m.
will raise public awareness and promote conservation;and
2.3 That restricting irrigation during the hours of 9:00 a.m. and 5:00 p.m. will not
create a hardship on residents of Collier County.
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SECTION THREE: PURPOSE.
3.1 The primary purpose of this Ordinance is to provide a regulatory framework to
assist in conservation of water resources through consistent and uniform use for landscape
irrigation in specified geographic areas.
SECTION FOUR: DEFINITIONS.
The following definitions shall apply throughout this Ordinance:
4.1 Agriculture means the growing of farm products including, but not limited to,
sugar cane, vegetables,citrus and other fruits, pasture lands, sod or nursery stock, including,but
not limited to,ornamental foliage and greenhouse plants.
4.2 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 and Goodland Water District.
4.3 Code Enforcement Officer means any authorized agent or employee of the
County whose duty it is to enforce most of the County's codes.
4.4 County Water/Sewer District means the service boundaries as established in
Collier County Water-Sewer District, Special Act Chapter 88-499, Laws of Florida, as now or
hereafter amended.
4.5 Goodland Water District means the service boundaries as established in
Goodland Water District,Ordinance No. 80-43,or its successor ordinance.
4.6 Impervious means land surfaces that do not allow penetration of water, including
paved roads, paved sidewalks, paved driveways, paved parking lots, or highly compacted areas,
including with shell or with clay.
4.7 Irrigation means the application of water from surface water or ground water
sources or aquifers.
4.8 Irrigation Systems means equipment and/or devices which deliver water to
landscaping being irrigated including, but not limited to, pipelines, control structures, pipes,
ditches, pumping stations, emitters, valves and fittings, but excluding the transfer of water
through water management systems from one location to another.
4.9 Person means natural person, public or private corporation, firm, association,
joint venture, partnership, municipality, government or governmental agency, political
subdivision,and any other entity whatsoever,or any combination of same,jointly or severally.
4.10 Water Resources means surface and groundwater sources and aquifers.
4.11 Water Utility Service means water service provided by a public or private utility.
SECTION FIVE: IRRIGATION HOURS;OPERATIONAL PROHIBITIONS.
5.1 All water irrigation activities within those areas and boundaries as designated in
Section Six, and which are not exempted by Section Seven, shall be restricted to the hours
between 5:00 p.m. and 9:00 a.m.,seven days each week. Subject to the exceptions specified in
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this Ordinance,irrigation by water in those areas is prohibited between the hours of 9:00 a.m.and
5:00 p.m.,seven days each week.
5.2 All water irrigation activities within those areas and boundaries as designated in
Section Six, and which are not exempted by Section Seven, shall be operated in an efficient
manner so as to not allow water to be applied continuously or primarily to any impervious
surface.
SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS.
6.1 The provisions of this Ordinance shall apply immediately on its effective date to
landscape irrigation within the boundaries of the Collier County Water/Sewer District and within
the boundaries of the Goodland Water District.
6.2 This Ordinance shall hereafter be applicable to other geographic areas of
unincorporated Collier County if and when the respective geographic area is classified, by
Resolution(s) adopted by the Board of County Commissioners after public hearing, as a water
irrigation restricted area,which may include areas served by private utility water service.
SECTION SEVEN: EXEMPTIONS;VARIANCES.
7.1 The following activities are exempt from all provisions of this Ordinance:
7.1.1 Landscape irrigation by hand watering using only a self-canceling nozzle.
7.1.2 Landscape irrigation from which the water source is only treated
wastewater effluent.
7.1.3 The short-term operation of irrigation systems only for system repair and
maintenance,which shall be limited to a maximum of 10 minutes per zone
per week and there must be a person present and working on the system
during each such operation.
7.1.4 Landscape irrigation for purposes of watering in fungicides, insecticides
and herbicides as required by the manufacturer of the product, or by
federal or Florida law. This exemption, however, applies only to then
licensed pest control operators and is limited to the amounts of"watering
in"water specified by the manufacturer's recommendations.
7.1.5 For the first ninety(90) days after initial installation, landscape irrigation
for the purpose of "watering in" newly planted grass and foliage that
constitutes a major portion of the landscaping,
7.1.6. Agricultural irrigation to the extent permitted by a consumptive or water
use permit issued by the South Florida Water Management District.
7.2 Any person whose irrigation is affected by this Ordinance may make application
to the County Water Director for a variance if strict compliance with this Ordinance will impose
a unique, unnecessary and inequitable hardship on such service. Relief may be granted only
upon submitted proof that such hardship is peculiar to that person or that affected property, the
problem is not self-imposed, and that the granting of the variance would be consistent with the
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general intent and purpose of this Ordinance and the variance is the minimum variance necessary
to eliminate the hardship.
7.2.1 The County Water Director is the only person authorized to grant or deny
variances for irrigation activities that utilize water provided by the County
Water/Sewer District or the Goodland Water District. The Water Director
should render a decision on the variance request within ten (10) working
days after actual receipt of a complete application. Denial of a variance
request may be appealed to the Public Works Administrator within ten
(10) days of actual receipt by the applicant of the Water Director's
decision on the initial request.
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
against the property owner pursuant to the provisions of this Ordinance or
otherwise.
7.3 Should the Board of County Commissioners extend the provisions of this
Ordinance to any other areas (only in unincorporated Collier County), the County Manager shall
designate a County employee who will be responsible to act on behalf of the County to approve,
in whole or in part,or to disapprove, variance requests within any such designated area(s). This
person may also be the County's Water Director.
SECTION EIGHT: PENALTIES.
8.1 Violators of this Ordinance shall be issued a $25.00 citation pursuant to the
County's Citation Ordinance. Persons who commit repeat violations may also be punished
pursuant to §162.21, Florida Statutes, as a civil infraction with a maximum civil penalty not to
exceed five hundred dollars ($500.00). Any person who violates any provision of this
Ordinance shall also be subject to the County's remedies as authorized in §125.69, Florida
Statutes,and/or Section 1-6 of the County's Code of Ordinances.
8,1.1 Each day(or part thereof)that there is a violation of this Ordinance by the
same person or entity shall constitute a separate offense.
8.1.2 All monies collected pursuant to this Ordinance shall be used by the Code
Enforcement Department to fund continued and enhanced enforcement of
this Ordinance and/or other County Ordinances under its jurisdiction.
SECTION NINE: 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 to protect the water resources of Collier County. If
any section, phrase, sentence or portion of this 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.
4
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SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance sh:a become and be made a part of the Code of Laws
and Ordinances of Collier County,Florida.
SECTION ELEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTEDeby the.Board of County Commissioners of Collier
County,Florida,this r/to day of C�` "'s''4`P ,2000.
ATFEST: ., BOARD OF COUNTY COMMISSIONERS
DWIGHT E.'B.ROCK,CLERK OF COLLIER COUNTY,FLORIDA
TIM err. L.CO `AN ' ,CHAIRMAN
Attest as to Chairman's r
signature only.
Approved as to form
'
and legal sufficiency: This ordinance f�
'd tee4 Abe
Secretary of
`t Stcte'r, Of -AVE
E
l Q 4� 4:140 day of� .ZOOd
and acknowledgement of that
Thomas C.Palmer fill received this _Leak day
Assistant County Attorney of
By
nvury cork --_
5
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-61
Which was adopted by the Board of County Commissioners on
the 26th day of September, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 27th: day' ' s
ca
of September, 2000.
7-1
`-
tim W
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
C 0 C`Q,
By: Karen Schoch,
Deputy Clerk
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*'
121 l ' '
Ite ill
ORDINANCE NO.2002- 17 \3) Cr•'
WATER IRRIGATION ORDINANCE OF COLLIER COUNTY;
RESTRICTING THE HOURS OF WATER IRRIGATION IN
UNINCORPORATED COLLIER COUNTY; PROVIDING TITLE AND
APPLICABILITY; PROVIDING FINDINGS, PURPOSE, AND
DEFINITIONS; PROVIDING IRRIGATION HOURS AND
OPERATIONAL REQUIREMENTS; PROVIDING EXEMPTIONS AND
VARIANCE PROCEDURES; PROVIDING PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION
INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS,Chapter 125,Florida Statutes,authorizes Boards of County Commissioners
to enact ordinances deemed by the respective Board to be necessary to protect the health,safety,
and welfare of the residents,citizens,or visitors of the respective County,and
WHEREAS,the Board of County Commissioners of Collier County has determined that
the protection of water resources is in the best interest of and for the long-term protection of the
health,safety,and welfare of the residents,citizens,and visitors to Collier County,and
WHEREAS,the Board of County Commissioners of Collier County has also determined
that water conservation is an integral part of protecting current and future water resources,and
WHEREAS,the Board of County Commissioners has deemed that placing certain
restrictions on the use of water for irrigation is an effective means of conserving water.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
5"..= o
r^
SECTION ONE: TITLE. ` Av `Z'1
1.1 This Ordinance shall be called"The Collier County Water Irrigation f rdjpanc '" e�
SECTION TWO: FINDINGS. zD N
2.1 Irrigation places a significant demand on water resources of Collier County,
including the potable water supply system.
2.2 That adopting this Ordinance 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 irrigation pursuant to this Ordinance will not
create undue hardship on the users of water from the affected water sources.
SECTION THREE: PURPOSE AND APPLICABILITY.
3.1 The primary purpose of this Ordinance is to provide the regulatory framework to
assist in conservation of water resources through consistent and uniform
application of restrictions on use of water for irrigation in unincorporated Collier
County.
3.2 This Ordinance shall be applicable notwithstanding any other Collier County
Ordinance.
SECTION FOUR: DEFINITIONS
The following definitions apply throughout this Ordinance:
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4.1 "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 and Goodland
Water District.
4.2 "Code Enforcement Officer"means any authorized agent or employee of the
County whose duty it is to enforce the County's codes.
4.3 "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.
4.4 "Irrigation"means the application of water by means other than natural
precipitation.
4.5 "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.
4.6 "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,and other similar plant materials.
4.7 "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.
4.8 "Low Volume Hand Watering"means watering attended by one person with
one hose equipped with a self-canceling or automatic shutoff nozzle.
4.9 "Low Volume Mobile Equipment Washing"means the washing of mobile
equipment with a bucket and sponge,a single hose with a self-canceling or
automatic shutoff nozzle,low volume pressure cleaning equipment,or any
combination of the preceding methods of washing.
4.10 "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.
4.11 "Pervious Surface"means every improved or unimproved surface that allows
water to readily soak into,or recharge,the water aquifer under such surface.
4.12 "Water Resources"means any and all water on or beneath the surface of the
ground,including,but not limited to,natural or artificial watercourses,lakes,
ponds,and artificial water features,and water percolating,standing,or flowing
beneath the surface of the ground.
SECTION FIVE: IRRIGATION HOURS;OPERATIONAL REQUIREMENTS
5.1 All water irrigation activities 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.
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Table 1.Collier County Water Irrigation Restrictions
Landscaping Irrigation—Established
ODD Numbered Addresses 3 days each week;Monday,Wednesday,Saturday; 12:01 AM
to 8:00 AM for all types of irrigation;5:00 PM to 7:00 PM for
Low Volume Hand Watering.
EVEN Numbered Addresses 3 days each week;Tuesday,Thursday,Sunday, 12:01 AM to
8:00 AM for all types of irrigation;5:00 PM to 7:00 PM for
Low Volume Hand Watering.
Landscaping Irrigation—New(in place less than 60 days)
ALL Addresses 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.
Irrigation System Maintenance
Existing Systems 10 minutes per zone per week;person must be present in zone
and working on the system during each 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 Landscaping Irrigation;if applied outside of the allowed
hours,and"watering in"is specified by the manufacturer of the
applied material,a licensed application technician must be on
the premises.
Other Outdoor Water Uses
ALL Other Outdoor Water Other outdoor water uses,including car,truck,and boat
Uses washing 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-canceling 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 activities must and shall be operated in an efficient manner 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.
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
(1)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 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 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.
SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS
6.1 The provisions of this Ordinance shall apply only in the unincorporated
geographic areas in Collier County.
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SECTION SEVEN: EXEMPTIONS;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 Use of Low Volume Mobile Equipment Washing provided all unused
water drains into only a pervious ground surface.
7.1.5 Water use to the extent authorized by a specific Consumptive Use
Permit,or similar permit,issued to the respective water user by the South
Florida Water Management District.
7.2 Any individual's or entity's irrigation that is affected by this Ordinance may
make application to the County Water Department Director to request a variance
if strict compliance with the restrictions of this Ordinance will impose a unique,
unnecessary and inequitable hardship on such irrigation.Variance relief may be
granted only upon a written application applying for the variance,which
application contains proof that the irrigation 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 hardship;and that each variance shall vary the irrigation
restrictions only to the minimum extent required to resolve the unreasonableness
of the irrigation hardship that would exist but for the variance. No variance shall
be granted unless the applicant is able to persuade the Director or his designee of
the necessity for the variance.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 Director,or individual designated by the Water
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 then 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.
SECTION EIGHT: PENALTIES
8.1 Each violator of this Ordinance shall be issued a citation that specifies a fine of
seventy-five dollars($75.00),plus any then applicable costs as specified in the
citation issued pursuant to procedures of the Collier County's Citation
Ordinance.The applicable fine shall be$75.00 notwithstanding that said
Ordinance specifies fines that always exceed$75.00. Persons who commit
repeat violations may also be punished pursuant to§162.21,Florida Statutes,as a
civil infraction with a maximum civil penalty not to exceed five hundred dollars
($500.00).Any person who violates any provision of this Ordinance shall also be
subject to the County's remedies as authorized by§125.69,Florida Statutes,
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.
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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
Code Enforcement Department to fund continued and enhanced
enforcement of this Ordinance and/or other County Ordinances then
under its jurisdiction.
SECTION NINE: 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 to protect the water resources of Collier
County.If any section,phrase,sentence,or portion of this 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 TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made 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 ELEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADO ED by the Board of County Commissioners of Collier
County,Florida,this 9*day of ftt'fef l.— ,2002,
.uµttquttuitt,t.
ATTEI. 'w'.`• BOARD OF COUNTY COMMISSIONERS
DAridflrf E BRO( ,"Clerk COLLIER COUNTY,FLORIDA
r"Attiltt.Ali tO Guy if iut's
140tatiare ion's.
, i "Et.rIr■.+
By:
. '.) 1aFyf clerk 1 J' S N.COLETTA,Chairman
Approved as to form and This ordinance filed with the
legal sufficiency Secretary of State's Office the
1 L /and acknowledgement of Cdgeme t oral
Vand acknowledgement of that
fill received this/gam'day
Thomas C.Palmer, of
Assistant County Attorney By
Deputy Cork
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4/28/2015 17.C.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do hereby
certify that the foregoing is a true copy of :
ORDINANCE NO. 2002-17
Which was adopted by the Board of County Commissioners on
the 9th day of April, 2002 , during Regular Session.
ao 0
ni
r-- T
WITNESS my hand and the official seal of the BoardTs f 33 71
County Commissioners of Collier County, Florida, this 10` day r�
c. -u rn
-� r
of April, 2002 . oU, tv
D
Arn
DWIGHT E -BROglin,
Clerk of 'Cod* '•y4''rk
Ex-offici
cz'��:'�Q�rd '
County Co ltiMY.s{' ' Or-§
'fit 1 .:,4 1,'
By Teri Mir ael•s '
Deputy C11. •f . c�
Packet Page -2178-
NOTICE OF INTENTTO CONSIDER AN'ORDINANCE
4/28/2015 17.C.
Notice is hereby given that on Tuesday Aprii 28, 2015,in the Boardroom, 3rd Floor,,
d ministration BUi`idin_ , C J1i r aunty Go` ernment Center, '3299T itfart" Trail
East Naples, Florida the Board of County Comr iss1oners (BCC),wiil consider th
enactment of a,County Ordinnce. The Meeting will carprn ;n[e at 9:00 A.M' The
title of Vie,:pro o .Ordinance. is as f olio,+:'.:
.
AN, ORDINANCE OF THE &OAI D OF COUNTY COMMISSIONERS:OF COWER
,COU NT ',_,F.LpitIDA; PROVIDING G FOR LOCAL IMPLEMENTAT;1ON O,F THE WA R,
CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA
WATER MANAGEMENT -fl;IST RICT;, P OVID,ING: FOR INTENT AND PURPOSE;
PROVIDING D.E FIN 1TxOM;PROVI DI_ G FOR YEAR-ROUND.L NDSCA.PE .
RES I R1CT1GS.; PROVIDING FOR..DECLAf TIRO OF WATER WATEit SHORTAGE OR WALE#,
SHORTAGE' EMERGENCY; PROVIDING FOR VARIANCES;_ PROVIDING FOR
APPLICATION Of OR'DI:NANCE.; PROVIDING: FOR ENFORCEMENT CEMENOFFICIALS;
PROVIDING-FOR PENALTIES; PROVIDING. FOR REPEAL OF:ORDi"NANCE NU +1BERS
2002-17 A.ND, 2000-- 61 AS AM E NODE D; 'PROVIDING FOR CONFLICT AND,
'SEVERABILIT , PROVIDING FOR INCLUSION IN THE CODE ,OF LAWS AND
ORDINANCFS;AND PROV1DINL FOR AN EFFECTIVE DATE.
Copies of-the prbpciSecl Ordinance ore on file with The Clerk tc the :goarc and are,
-available for yin'pectian.. ►1l intereited parties-are in cited to attend and be heard'
NOTE; Ail persons rrvrshir a tca speak onany;agenda item'mutt register with.the.
County...adrninistrator,p rior to presentation of the agenda item to be-addressed.
1 ndivi ual speakers will limited to 3 rninutes.on any item. The selection,of an
individual, to speak;.on behalf elan organization or group is encouraged, if
re.c�ognizec by the.Chairman, a spokesperson fc.r.a,group or-organization jriayr'be
allotted 10 minutes to speak on an"
Persons wishing to have written or graphic materials included in thetBca-rd aoend,a
packets must submit said Material a minimum of 3 weeks prior to the respective
ptibli( hearing'. In any case, written material intended to be considered by'the
Board shall be submitted to the appropr°Iate CoiJnty.staff a minimum of seven clays
brio�rtothe public hearing. All material used irk pr,eseritaticrl before the Board will
ecome a permanent part of the recor+d.
Any person Who decides to,appeal'a decision Of the Board will need a record,of the
proceedings pei tainirf9 iliereto and therefore,;Oay need to ensure hat a Verbatim.
record of the proceedin4s is made, which record includes testimony and evidence
upon which the appeal.is based.
if you are a. person with a disability who needs any accommodation in order to
participate in this proceeding, you'are entitled, at no cost to you, to the provision
of.certain assistance. Please contact the,Collier County Facilities-Management
Department, located at 3335 Tamiami Trail East, 5urte #101, Building W. Naples,.
Florida 34112, '(239) 252.83,80. Assisted listening devices for the'hearing impaired.
are available in the CountY Cdr n Issiohers` Office.
BOARD,'01 COUNTY CO' YMISSI ON E�RS.
COLLIER COUNTY, FLORIDA . ..
TIM NANCE, CHAI,Ri" N.
DWIGHT E.-. BROCK, Cl ERf
l3y: Teresa Cannon; Deputy Clerk
(SEAL} Packet Page -2179-
April 17, 2015
No. 2055113.:
4/28/2015 17.C.
NAPLES DAILY NEWS ct Friday, April 17, 2015 ct 25D
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday,April 28,2015,in the Boardroom, 3rd Floor,'
Administration Building, Collier County Government Center, 3299 Tamiami Trail
East, Naples, Florida, the Board of County Commissioners (BCC) will consider the
enactment of a County 'Ordinance. The meeting•will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
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.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are`invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an •
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item. •
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made,which record includes testimony and evidence
upon which the appeal is based.
If you are.a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of/certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS •
COLLIER COUNTY,FLORIDA 1
TIM NANCE,CHAIRMAN •
DWIGHT E.BROCK,CLERK
By:Teresa Cannon,Deputy Clerk
(SEAL)
• Aoril17.2015 - No.2055113
•
•
•
•
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