Agenda 05/13/2014 Item #16C4 Proposed Agenda Changes
Board of County Commissioners Meeting
May 13,2014
Continue Item 16C4 to the May 27. 2014 BCC Meeting:
Recommendation to authorize advertising an
ordinance amending Ordinance No. 2002-17, the Collier
County Water Irrigation Ordinance, to maintain
compatibility with the South Florida Water Management
District's Mandatory Year-Round Landscape Irrigation
Conservation Measures, as amended, and providing for
the repeal of Ordinance No. 2000-61, as redundant.
(Commissioner Nance's request)
Continue Item 16D2 to the May 27,2014 BCC Meeting: Recommendation to approve a Grant
Agreement with the Florida Department of Children and Families to implement a three-year Criminal
Justice Mental Health and Substance Abuse Reinvestment Grant Program in the amount of
$853,316.71 and approve subrecipient agreements with the David Lawrence Center for$367,140.80,
the Collier County Sheriff's Office for$333,123,and the National Alliance of Mental Illness of Collier
County,for$106,686. (Staffs request)
Move Item 16D11 to Item 11F: Recommendation to approve a satisfaction of mortgage for the State
Housing Initiatives Partnership (SHIP) Program in accordance with the Board's Short Sale Policy,
accepting$1,431 to satisfy the SHIP mortgage. (Commissioner Henning's request)
Note:
Item 16D19: Title on Executive Summary should read: Recommendation to approve the write-off
of an account receivable in the amount of$22,500$32.500 associated with a reimbursement promise
from the Friends of the Collier County Museum to purchase a WWII Sherman tank. (Staffs request)
Time Certain Items:
Item 11B to be heard at 9:30 a.m.
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 10:45 a.m.
5/13/2014 16.C.4.
EXECUTIVE SUMMARY
Recommendation to authorize advertising an ordinance amending Ordinance No. 2002-17, the
Collier County Water Irrigation Ordinance, to maintain compatibility with the South Florida
Water Management District's Mandatory Year-Round Landscape Irrigation Conservation
Measures,as amended, and providing for the repeal of Ordinance No. 2000-61,as redundant.
OBJECTIVE: Amend the Collier County Water Irrigation Ordinance to maintain compatibility with
the South Florida Water Management District's (SFWMD) Mandatory Year-Round Landscape Irrigation
Conservation Measures, as amended, and provide for the repeal of Ordinance No. 2000-61, which is
redundant with respect to addressing water irrigation concerns.
CONSIDERATIONS: On April 9, 2002, the Board of County Commissioners (Board) adopted
Ordinance No. 2002-17,the Collier County Water Irrigation Ordinance.
The proposed amendment to the Ordinance is necessary to complement amendments to SFWMD's
Mandatory Year-Round Landscape Irrigation Conservation Measures, Chapter 40E-24, F.A.C., as
amended. These mandatory conservation measures provide a framework for consistent implementation to
ensure the long-term sustainability of the water resources of the region, increase water use efficiency and
prevent and curtail wasteful water use practices through regulatory means for landscape irrigation by all
users. The measures prohibit landscape irrigation during those periods of the day when irrigation
efficiency significantly decreases.
The amendment to the Ordinance provides additional expanded definitions and includes extending
restrictions to all water sources, including wells and Irrigation Quality (IQ) water; and provides
information regarding application, installation and maintenance for irrigation systems. The proposed
changes include, in part:
• SECTION FOUR: DEFINITIONS
Potable water production wells and IQ water are now included under Water Resources. IQ Water, as
defined in the Collier County Water-Sewer District (CCWSD) IQ Water Policy of June 11, 2013, is
now also included.
• SECTION FIVE: IRRIGATION HOURS -OPERATION REQUIREMENTS
5.1 - Irrigation hours of operation are revised, within application limits, by one hour both morning
and evening,to 12:01 a.m. to 10:00 a.m. and 4:00 p.m. to 11:59 p.m. This change is to align the hours
of operation with the SFWMD restrictions, but does not increase the amount of water that can be
used.No irrigation is permitted between 10:00 a.m. and 4:00 p.m., and Friday remains a"dry" day.
5.3 — Includes additional references to rain sensors and soil moisture sensor devices, pursuant to
Section 373.62(1), Florida Statutes to promote water conservation. Retrofitting of devices such as rain
sensors and soil moisture sensors is required where not previously fitted on irrigation systems within
one year of the effective date of the Ordinance amendment.
5.5 —Additional information is included to specify water irrigation application, and irrigation system
installation and maintenance best practices to optimize water conservation.
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• SECTION SEVEN: EXEMPTION-VARIANCES
7.1.1 -Removes exemption for irrigation from 100 percent reclaimed water. Conserving IQ water for
all users within the definition of landscaping will make more IQ water available to extend the current
distribution, which will further conserve potable water.
7.1.4 -Exempts the use of water for firefighting, safety, sanitation, health, and medical purposes and
other essential uses.
7.3 - Allows property owners to qualify for a variance from the restrictions of the Ordinance if they
install devices such as soil moisture sensors, and evapotranspiration-based controllers.
• SECTION EIGHT: PENALTIES
8.1 — Removes the $75.00 fine and replaces it with prosecution pursuant to F.S.162.21 as a civil
infraction, with a maximum civil penalty not to exceed$500.00.
The proposed Amendment also incorporates the repeal of Ordinance No. 2000-61, which is an earlier
outdated and redundant Collier County Water Irrigation Ordinance that is codified in the Collier County
Code of Laws and Ordinances in Sections 134-286 through Section 134-293.
The Development Services Advisory Committee reviewed the proposed amendment to Ordinance No.
2002-17 at its December 4, 2013, meeting. The committee asked a number of questions relating to any
financial impacts, how nighttime irrigation is monitored, and whether the utility was involved with
landscape planning. The questions were answered and the committee had no recommendations or changes
it wished to be incorporated into the proposed Ordinance amendments.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under
it will have no impact on the county's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners authorize advertising an ordinance
amending Ordinance No. 2002-17, as amended, the Collier County Water Irrigation Ordinance, to
maintain compatibility with the South Florida Water Management District's Mandatory Year-Round
Landscape Irrigation Conservation Measures,and providing for the repeal of Ordinance No. 2000-61.
PREPARED BY: Peter Lund, Manager Customer Service and Utilities Education and Compliance
ATTACHMENTS:
Proposed Ordinance No. 2014-
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.4.
Item Summary: Recommendation to authorize advertising an ordinance amending
Ordinance No. 2002-17,the Collier County Water Irrigation Ordinance,to maintain
compatibility with the South Florida Water Management District's Mandatory Year-Round
Landscape Irrigation Conservation Measures, as amended, and providing for the repeal of
Ordinance No. 2000-61, as redundant.
Meeting Date: 5/13/2014
Prepared By
Name: HendricksonLisa
Title: Operations Coordinator,Utilities Finance Operations
4/18/2014 12:24:38 PM
Submitted by
Title: Manager-Revenue,Utilities Finance Operations
Name: LundPeter
4/18/2014 12:24:40 PM
Approved By
Name: LundPeter
Title: Manager-Revenue,Utilities Finance Operations
Date: 4/18/2014 1:55:36 PM
Name: HapkeMargie
Title: Recycling Coordinator, Solid Waste
Date: 4/18/2014 2:40:15 PM
Name: Joseph Bellone
Title: Director-Operations Support,Utilities Finance Operations
Date: 4/18/2014 3:00:43 PM
Name: Steve Messner
Title: Director-Water, Water
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Date: 4/18/2014 3:59:36 PM
Name: JacobsSusan
Title: Operations Analyst,Public Utilities Division
Date: 4/23/2014 12:39:10 PM
Name: JohnssenBeth
Title:Director-Wastewater, Wastewater
Date: 4/23/2014 4:23:17 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/24/2014 4:55:16 PM
Name: YilmazGeorge
Title: Administrator-Public Utilities, Public Utilities Division
Date: 4/27/2014 11:38:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2014 9:07:30 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 5/2/2014 5:29:33 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/5/2014 12:25:23 PM
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ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-17,
THE COLLIER COUNTY WATER IRRIGATION ORDINANCE; BY
AMENDING SECTION TWO, FINDINGS; SECTION FOUR,
DEFINITIONS; SECTION FIVE, IRRIGATION HOURS; OPERATION
REQUIREMENTS; SECTION SEVEN, EXEMPTION; VARIANCES; AND
SECTION EIGHT, PENALTIES; PROVIDING FOR THE REPEAL OF
ORDINANCE NO. 2000-61, AS AMENDED, IN ITS ENTIRETY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on April 9, 2002, the Board of County Commissioners (Board) adopted
Ordinance No. 2002-17, the Collier County Water Irrigation Ordinance, which placed certain
restrictions on the use of water for irrigation as a means to protect water resources through
conservation; and
WHEREAS, the Board recognizes that water conservation is an integral component of
water supply planning and water resource management; and
WHEREAS, water conservation is necessary in a region with limited supplies as it assists
in reducing demand, extending the supply of water from existing sources; and
WHEREAS, proper water supply planning and water resource management supports
economic growth and reduces the need for developing new sources of water; and
WHEREAS, the South Florida Water Management District has amended Chapter 40E-24,
F.A.C., requiring year-round water conservation for landscape irrigation, regardless whether the
water comes from ground or surface water, from a private well or pump, or from a public or
private utility; and
WHEREAS, Rule 40E-24.501(3), F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
and
WHEREAS, Collier County staff, in consultation with the South Florida Water
Management District, has recommended revisions to Ordinance No. 2002-17, intended to update
and clarify certain provisions of that Ordinance consistent with current law and the leglislative
intent to improve irrigation water use efficiency; and
Words Underlined are added; Words Struck Through are deleted.
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WHEREAS, Collier County staff has determ,' d that Ordinance No. 2000-61, as
amended, originally adopted on September 26. 2000, and also known as "The Collier County
Water Irrigation Ordinance," is now superfluous of this proposed amended ordinance and
outdated as to the law and policy pertaining to current irrigation and water conservation
standards and recommends its repeal; and
WHEREAS, the Collier County Board of County Commissioners hereby finds and
declares that the adoption of this ordinance is appropriate and in the public interest of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2002-17.
Section Two of Ordinance No. 2002-17 is hereby amended as follows:
SECTION TWO: FINDINGS.
2.1 Irrigation and other outdoor uses places a significant demand on water resources
of Collier County, including the potable water supply system.
2.2 That adopting this article to limit allowable hours of irrigation is to promote
conservation, to protect water resources, and to reduce demand upon all water
sources, including sources of water that can be treated to become potable water.
2.3 That restricting allowable hours of irrigations pursuant to this Ordinance will not
create undue hardship on the users of water from the affected water sources.
2.4 That irrigation restrictions have been proven to be an effective means of water
conservation.
SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO.
2002-17.
Section Four of Ordinance No. 2002-17 is hereby amended as follows:
SECTION FOUR: DEFINITIONS.
The following definitions apply throughout this Ordinance:
4.1 "Address" means "house number (a numeric or alphanumeric designation?
identifying the physical street location of a property, building. apartment. or other
Words Underlined are added;Words Struck Through are deleted.
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structure or common area. This includes "rural route" numbers but excludes post
office box numbers. If a lot number in a mobile homepark or similar community
is used by the U.S. Post Service to determine a delivery location, the lot number
shall be the property's address. If a lot number in a mobile home park or similar
residential is not used by the U.S. Postal Service (e.g.. the park manager sorts
incoming mail delivered to the community's address), then the community's main
address shall be the property's address. If a property has no address it shall be
considered "even-numbered." •
4.2 "Alternative Irrigation Methods" means a hose with a sprinkler head attached
that can be manually moved from location to location on a property.
4.4.3 "County" means Collier County, a political subdivision of the State of Florida,
by and through its Board of County Commissioners and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District curd
Water District for those areas within its jurisdiction.
4.2-4 "Code Enforcement Officer" means any authorized agent or employee of the
— y
County whose duty it is to enforce the County's codes.
4.5 "Common Areas" means an area of Landscaping within a housing development
that is owned by a Homeowner's Association. a Master Association. or a group of
property owners. or any area of Landscaping that is irrigated by an irrigation
system owned and operated by a Homeowner's or Master Association, or similar
area within a commercial, institutional, industrial. and governmental property not
covered by an exemption or variance.
4.6 "Efficient Manner or Efficient Utilization" means the opposite of "wasteful and
unnecessary."
4.7 "Even Numbered Address" means an address. ending in the numbers 0. 2. 4. 6. 8,
or rights-of-way or other locations with no address or the letters A-M.
4.38 "Impervious Surfaces" means surfaces that do not allow penetration of water.
Including, but not limited to, paved or concrete roads, paved or concrete
sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly
compacted areas including shell or clay.
Words Underlined are added; Words - r..;• are deleted.
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4.4-9 "Irrigation" means the application of water. from any water resource, by means
other than natural precipitation.
4.4'10 "Irrigation Systems" means equipment and/or devices which deliver water to
landscaping being irrigated, including, but not limited to, pumping stations and
controls, control structures, ditches, public or private wells, piping, valves, fittings
and emitters.
4.11 "Irrigation Quality (IQ) Water" shall mean alternative water resources other
than potable water, available to the District and shall include: (a) wastewater that
has received the treatment established by the Florida Administrative Code, Rule
62-610.460. currently defined as wastewater that meets. at a minimum, secondary
treatment and high-level disinfection after disinfection and before discharge to
holding ponds or the IQ Water System and (h) Supplemental Water Supplies such
as ground or surface water. IQ Water may also be referred to as reuse water,
effluent water or reclaimed water.
4.612 "Landscaping" means all residential, commercial, institutional, industrial, and
governmental areas which are considered as lawns or ornamentally planted,
including but not limited to, sod, grasses, turf, ground covers, flowers, shrubs,
trees, mulch, hedges. golf course non-play areas. and other similar plant materials.
• "Landscaping" does not include agricultural crops. nursery plants. golf course
greens. tees. fairways. primary roughs, and vegetation associated with intensive
recreational areas, such as playgrounds, football. baseball and soccer fields.
4.713 "Low Volume Irrigation Systems" means equipment and devices specifically
designed to deliver a volume of water consistent with the water requirement of the
plant being irrigated and which delivers the water with a high degree of efficiency
directly to the root zone of the plant.
4.g14 "Low Volume Hand Watering' means watering attended by one person with
one hose equipped with a self-canceling or automatic shutoff nozzle.
4.915 "Low Volume Mobile Washing Equipment Washing" means the washing of
mobile equipment with a bucket and sponge, a single hose with a self-cancelling
Words Underlined are added; Words Struck Through are deleted.
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or automatic shutoff nozzle, low volume pressure cleaning equipment, or any
combination of the preceding methods of washing.
4.-1-016 "Low Volume Pressure Cleaning" means pressure cleaning by means of
equipment that is specifically designed to reduce the volume of water used as
accepted by industry standards.
4.17 "Odd Numbered Address" means an address ending in the numbers 1. 3. 5, 7, 9,
or the letters N-Z.
4.18 "Other Outdoor Uses" means uses including, but not limited to, car, truck. and
boat washing and the washing of exterior home surfaces and roofs,
4.-1-1-19 "Pervious Surface" means every improved or unimproved surface that allows
water to readily soak into, or recharge, the aquifer under such surface.
4.20 "Material or materially," when used, means a change relating to the basic or
fundamental substance. aspect or function of a thing. For example. something is
material if it relates to substance rather than mere attributes or minor
modifications.
4.21 "Wasteful and unnecessary" means allowing water to be dispersed without any
practical purpose to the water use; for example, excessive landscape irrigation,
leaving an unattended hose on a driveway with water flowing, allowing water to
be dispersed in a grossly inefficient manner, regardless of the type of water use;
for example. allowing landscape irrigation to unnecessarily fall onto pavement;
sidewalks and other impervious surfaces; allowing water flow through a broken or
malfunctioning water delivery or landscape irrigation system.
4.1222 "Water Resources" means any and all water on or beneath the surface of the
ground, including, but not limited to, potable water production wells. IQ water,
natural or artificial watercourses, lakes, ponds, and artificial water features, and
water percolating, standing, or flowing beneath the surface of the ground.
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINrANCE NO.
2002-17.
Section Five of Ordinance No. 2002-17 is hereby amended as follows:
Words Underlined are added; Words Struck Through are deleted.
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SECTION FIVE: IRRIGATION HOURS; OPERATION REQUIREMENTS
5.1 All water irrigation activities. and other outdoor uses. using water resources as
defined, within the specified geographic area(s) and within the boundaries as
designated in Section Six, and which are not exempted by Section Seven, shall be
restricted to the days and hours as specified in Table 1.
Table 1. Collier County Water Irrigation Restrictions
Landscaping Irrigation—Established
ODD Numbered 3 Days each week; Monday, Wednesday, Saturday; 12:01 AM to
Addresses 5: 0 10:00 AM and/or from 4:00 PM to 11:59 PM for all types of
irrigation;, 5:00 PM to 7:00 PM for Low Volume Hand Watering.
hrrigation is not permitted between 10:00 AM and 4:00 PM.
EVEN Numbered 3 Days each week; Tuesday, Thursday, Sunday; 12:01 AM to 5:00
Addresses, 10:00 AM and/or from 4:00 PM to 11:59 PM for all types of
irrigation;, 5:00 PM to 7:00 PM for Low Volume Hand Watering.
Irri cation is not permitted between 10:00 AM and 4:00 PM.
COMMON Areas 3 Days each week: Tuesday, Thursday, Sunday; 12:01 AM to
with irrigation 10:00 AM and/or from 4 PM to 11:59 PM for all types of
systems that irrigate irrigation.
both odd and even Irrigation is not permitted between 10:00 AM and 4:00 PM.
addresses. and
properties with no
address.
Landscaping Irrigation —New (in place less than 60 days)
ALL Addresses 6 days each week: Mondays. Tuesdays. Wednesdays, Thursdays,
Saturdays and/or Sundays during the hours allowed for regular
landscape irrigation. 5 days each week: Monday through Friday,
Iland Watering allowed anytime.
An entire irrigation system zone can only be watered if it contains
at least 50percent new landscaping.
irrigation System Maintenance
Existing Systems 10 minutes per zone per week; person must be present in zone and
working on the system during such a erasion
New Systems 30 minutes per zone, one time only; person must be present in zone
and working on the system during such operation.
Pesticide, Fungicide, Herbicide, Fertilizer Application
All Addresses Application shall be coordinated with the scheduled day/time for
Landscape Irrigations; if applied outside of the allowed hours, and
Words Underlined are added;Words Struck Through are deleted.
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I "watering in" is specified by the manufacturer of the applied 1
material, the property owner and/or a licensed application
technician commercial applicator (in accordance with the
requirements of Ordinance No. 11-24) must be on the premises
during such use.
Other Outdoor Water Uses
ALL Other Outdoor Other outdoor water uses, including car, truck, and boat washing
Water Uses and the washing of exterior home surfaces and roofs, shall be
allowed anytime with the use of Low Volume Pressure Cleaning
Equipment, Low Volume Mobile Equipment Washing and/or water
hose equipped with an automatic self-cancelling or automatic
shutoff nozzle; in all cases, the water used must drain to a pervious
surface or to a water recycling/reuse system.
5.2 All water irrigation and other outdoor use activities must and shall be operated in
an efficient manner (defined as the opposite of "wasteful and unnecessary."
supra.) so as to not allow water to be applied to any impervious surface.
switch. Devices, such as soil moisture sensors. evapotranspiration-based
controllers or rain sensors. shall be required_ pursuant to Section 373.62(1).
Florida Statutes on automatic irrigation systems. no matter what water resource is
used, to prevent irrigation during periods of sufficient moisture. Any person who
purchase, installs or operates an automatic landscape irrigation system on their
property must properly install. maintain. and operate. in accordance with
manufacturer specifications. technology that inhibits or interrupts operation of the
system during periods of sufficient moisture.
x.3.1 Devices, such as soil moisture sensors, evapotranspiration-based
controllers or rain sensors, shall be retrofitted on existing irrigation
systems. not previously included in the Ordinance. within one (1) Year of
the effective date of this Ordinance Amendment.
5.3.1 A rain sensor switch shall be required on all new installations of irrigation
systems.
5.3.2 Arat ._ (1)
:' i -finance.
Words Underlined are added; Words Struck Through are deleted.
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5.4 All water irrigation or other outdoor use activities prohibited or restricted from
time-to-time by any Water Shortage Emergency Order declared by the South
Florida Water Management District and published in a newspaper of general
circulation in Collier County pursuant to Section 373.175, Florida Statutes, shall
automatically be incorporated into and be enforceable by application of this
Ordinance. Each such Order shall apply to such geographic areas in Collier
County as is specified in the respective Order, or if not specified, as otherwise
then provided by law. Each Order shall be subject only to such exceptions as are
specified in the respective Order, and if not specified therein, as otherwise then
provided by law.
5.5 No more than three-fourths (3/4) inch of water may be applied per irrigation zone
on each day that irrigation occurs. and in no event shall irrigation occur for more
than one (1) hour per irrigation zone on each day that irrigation occurs.
Broken or misdirected irrigation spray heads. irrigation system leaks. and other
irrigation system malfunctions shall be repaired within thirty (30) days of delivery
of written notification by county personnel to the address where the problem
occurs.
All landscape irrigation shall be limited in amount to only that necessary for
efficient utilization
5.5.1 Irrigation systems: application of water.
New or materially altered irrigation systems. All irrigation systems installed or
materially modified after the effective date of this Ordinance. shall comply with
the requirements set forth in this paragraph:
5.5.1.a Irrigated zones shall receive only one (11 form of spray. rotor. drip or
other irrigation application.
5.5.1.b Irrigated turf areas shall be on separate irrigation zones from other
landscape plant groupings.
5.5.1.c Overhead or spray landscape irrigation may be used for turfgrass and other
ground cover having a mature or maintained height of no greater than one
(1) foot. All other landscape plants. including but not limited to trees and
shrubs shall be irrigated using only micro-irrigation at the base of the plant
Words Underlined are added;Words Struck Through are deleted.
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or within the dripline of a tree, as appropriate. or by handheld hose or
watering can.
5.5.1.d Landscape areas, including turf areas, measuring four (4) feet or less in
width, may be restricted to micro-irrigation and must meet applicable
landscape requirements. This provision shall not be applicable to turf
located on rights-of-way.
5.5.1.e Notwithstandina any other provision of this section. no retrofitting shall be
required so lona as the material modification to an irritation system
causes a net decrease in the flow or volume produced by the emitters.
5.5.2 Irrigation system installation and maintenance.
5.5.2.a No irritation system shall be designed, constructed. or materially
modified, whether on residential or commercial property, except by
licensed contractors or professionals: provided, however. that to the extent
otherwise authorized by Florida law or this Code, a homeowner or
property owner may construct, maintain and repair an irritation system on
his or her property.
5.5.2.b All irritation equipment shall be operated in accordance with the
individual system tuidelines and maintained in rood working order to
prevent leaks and wasteful or unnecessary use of water. Irritation runoff
and oversprav shall be minimized (kept as small as possible) consistent
with what a reasonable person would find acceptable.
5.5.2.c All hand-held water hoses in use for landscape irrigation must be equipped
with a functional automatic shut-off nozzle.
5.5.2.d Irrigation system controllers installed after the effective date of this
Ordinance, for irrigation of golf courses. playing fields. and public
recreation shall be equipped with functional soil moisture sensors.
SECTION FOUR: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO.
2002-17.
Section Seven of Ordinance No. 2002-17 is hereby amended as follows:
SECTION SEVEN: EXEMPTION; VARIANCES
7.1 The following are exempt from all provisions of this Ordinance:
7.1.1 -• :- - . • • II°.
reclaimed water.
Words Underlined are added; Words -. _. are deleted.
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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 . - . .. - - .;• - -_ . . . : : . . .
••- • - - • : • -- b :- - - - The use of water for•
firefighting. safety. sanitation, health and medical purposes and other
essential uses shall not be restricted.
Water Management District.
7.1.5 Intensive recreational areas, such as playgrounds, football. baseball and
soccer fields from which the source of the water is IQ water.
7.1.6 The use of recycled water from wet detention treatment ponds is allowed
anytime provided such ponds are not augmented by any groundwater. or
off-site surface water, or public water supply sources.
7.1.7 Irrigation using a micro-spray, micro jet. drip. or bubbler irrigation system
is allowed anytime.
7.1.8 Discharge of water from a water-to-air air-conditioning unit or other
water-dependent cooling system is allowed anytime.
7.1.9 The use of water which meets or exceeds the consumptive use permit
thresholds in Rule 40C-2.041(1). F.A.C.. or which is authorized under a
consumptive use permitpursuant to Rule 40C-2.042(2)(c), F.A.C.
7.2 Any individual's or entity's irrigation or other outdoor use that is affected by this
Ordinance may make application to the County Water 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 or other
outdoor use. Variance relief may be granted only upon a written application
applying for the variance, which application contains proof that the irrigation or
other outdoor use hardship is peculiar to that individual, entity, or that affected
property; that the hardship is not self-imposed; that the granting of the variance
would be consistent with the general intent and purpose of this Ordinance; that the
variance is necessary to eliminate an inequitable irrigation or other outdoor use
Words Underlined are added; Words Struck Through are deleted.
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hardship; and that each variance shall vary the irrigation or other outdoor use
restrictions only to the minimum extent required to resolve the unreasonableness
of the irrigation or other outdoor use hardship that would exist but for the
variance. No variance shall be granted unless the hardship identified in the
application for the variance meets the criteria for a variance as adjudged by the
Director or his designee. - • - - - •- - P• - - ; --
Applications to request a variance shall be forwarded as follows:
To the county water department director or his designee. for potable water.
To the county wastewater department director or his desinee, for IQ water.
To the South Florida Water Mananement District for all other water use
classes;ounces.
If the initial decision is made by the Director's designee, the only appeal shall be
to the Director, and the Director's decision upon appeal to grant or deny the
requested variance shall be further reviewable only as specified in subsection
7.2.1._ below.
7.2.1 The County's Water or Wastewater Director, or individual designated by
the Water or Wastewater Director, shall be the only individual(s)
authorized to grant or deny these variances. A decision to grant or deny
the variance should be made within ten (10) days after actual receipt of a
complete application for the variance. Denial of a variance request may be
appealed to the Public Utilities Division Administrator not later than ten
(10) days of actual receipt by the applicant of the decision on the initial
request. The Division Administrator's decision upon appeal shall be final.
7.2.2 An application for variance, and/or the granting of a variance, shall
operate prospectively and shall not affect any then pending enforcement
action pursuant to this Ordinance, or otherwise.
7.3 The installation of devices. such as soil moisture sensors. and evapotranspiration-
based controllers. pursuant to Section 373.62(1), Florida Statutes on automatic
in•iaation systems. allow property owners to qualify for a variance from the
Words Underlined are added: Words Strucl. Tiwe-gh are deleted.
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restrictions of this Ordinance. When an application is received the irrigation
system and sensor will be inspected before a variance is granted.
SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO.
2002-17.
Section Eight of Ordinance No. 2002-17 is hereby amended as follows:
SECTION EIGHT: PENALTIES
. w ... . - . .. - . -- - e .
- ' •• • - • -
nes that always exceed $75.00. Persons who commit rcpt violations may also
he punished pursuant to F.S. § 162.21, as a civil infraction with a maximum civil
penalty not to exceed five hundred dollars ($500.00). Any person who violates
authoriz-. - . . • - - •• -. .
Ordinances, or as otherwise then allowed by law. The applicable penalties shall be
deters -. - -- - - -. A violation of any
section of this Ordinance may be prosecuted pursuant to F.S. § 162.21, as a civil
infraction with a maximum civil penalty not to exceed $500.00. Any person who
violates any provision of this Ordinance shall also be subject to the County's
remedies as authorized by F.S. 125.69. Section 1-6 of the County's Code of
Laws and Ordinances, or as otherwise then allowed by law.
8.1.1 Each day, or part thereof commencing at noon of the respective day, that a
violation of this Ordinance occurs by the same individual or entity may be
deemed by the finder of fact to constitute a separate violation.
8.1.2 All monies collected pursuant to this Ordinance shall be used by the
Public Utilities Division's Code Enforcement Department to fund
continued and enhanced enforcement of this Ordinance and/or other
County Ordinances then under its jurisdiction.
Words Underlined are added: Words - :. • are deleted.
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SECTION SIX: REPEAL OF ORDINANCE NO. 2000-61, AS AMENDED.
Ordinance No. 2000-61, as codified in Section 134-286 through Section 134-293 of the
Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in
its entirety.
SECTION SEVEN: CONFLICT AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health and protect the water resources of Collier County. If any
section, phrase, sentence, or portion of the Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
Words Underlined are added; Words Strucl. ThR u h are deleted.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of ,2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
Words Underlined are added; Words Struck Through are deleted.
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