90-O-19
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ORDINANCE NO. 90-0-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, REPEALING ARTICLE VII OF OF CHAPTER 19,
OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, RE-ESTABLISHING ARTICLE VII, CHAPTER 19, AS
WATER CONSERVATION STANDARDS, BY PROVIDING FOR
DEFINITIONS; BY PROVIDING FOR DECLARATION OF WATER
SHORTAGE; BY PROVIDING FOR LEVELS OF WATER CONSERVATION
AND USE PROVISIONS; BY PROVIDING FOR GENERAL WATER USE
PROVISIONS; BY PROVIDING FOR EXEMPTIONS; BY PROVIDING
FOR VARIANCES; BY PROVIDING FOR VIOLATIONS AND
PENALTIES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the intent and obligation of the City
of Edgewater to protect and preserve the future water supply
through good groundwater management practices; and
WHEREAS, it is recognized that the groundwater resources
of the City of Edgewater are of great concern and measures are
required for the protection and conservation of this finite
resource; and
WHEREAS, it is understood that a uniform water
conservation policy will serve to protect groundwater resources
of the City of Edgewater and help insure an adequate future
supply of water; and
WHEREAS, the use of water either from the City's potable
distribution system or from private wells, which draw from common
aquifers, has significant impact on the groundwater resources and
increases the potential for salt water intrusion; and
WHEREAS, it is in the best interest of all citizens
residing in the City of Edgewater to conserve water and thereby
help protect valuable groundwater resources; and
WHEREAS, the establishment of uniform year-round water
conservation measures throughout the City of Edgewater will help
reduce citizenry confusion and will likely enhance voluntary
compliance of practical and reasonable water conservation
policies.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That Article VII, Water Shortage Conditions,
of Chapter 19, utilities and Services, of the Code of Ordinances
of the City of Edgewater, Florida, is hereby repealed.
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SECTION 2. That Chapter 19, utilities and Services of the
Code of Ordinances of the city of Edgewater, is hereby amended by
creating a new Article VII, Water Conservation Standards, to read
as follows:
ARTICLE VII. WATER CONSERVATION STANDARDS
Section 19-80. DEFINITIONS.
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in
the plural include the singular, and the words in the singular
include the plural. The word "shall" is always mandatory and not
merely directory.
Heating and Air Conditioning Use - The use of water for
heating, cooling, or for air conditioning.
Landscape Irrigation Use - The outside watering or
sprinkling of shrubbery, trees, lawns, grass, ground covers,
plants, vines, gardens and other such flora which are planted and
established and are situated in such diverse locations as
residential landscaping, recreation areas, cemeteries, public,
commercial and industrial establishments, public medians and
rights-of-way.
Low-volume Irrigation - 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.
Low-volume Pressure Cleaning - The pressure cleaning by
means of equipment which is specifically designed to reduce the
inflow volume as accepted by industry standards.
Reclaimed Water - The water that meets the current Florida
Department of Environmental Regulation standards for reuse after
flowing out of any treatment plant or works.
Reuse - The deliberate application of reclaimed water for
beneficial purpose and uses include landscape irrigation,
agricultural irrigation, aesthetic uses, ground water recharge,
industrial uses, fire protection or other useful purposes.
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User - Any person, individual, firm, association,
organization, partnership, business trust, corporation, company,
agent, employee or other legal entity, the United States of
America, the State of Florida, and the County of Volusia, any
political subdivisions, region, district, municipality, or public
agency thereof, which directly or indirectly takes water from the
water resource, including but not limited to, uses from private
or public utility systems, uses whether or not under consumptive
use permits issued by the St. John's River Water Management
District, or uses from individual wells or pumps for domestic or
individual home use or other use. The term does not include
users who use only reclaimed water for reuse or seawater.
Water Shortage - The situation as declared by the City of
Edgewater where sufficient water is not available to meet the
needs of the users, or when conditions are such as to require
temporary reduction in total use within a particular area to
protect groundwater resources from serious harm.
Water Shortage Emergency - The water shortage situation as
declared by the City of Edgewater that is so sudden and severe
that normal water shortage procedures cannot be implemented and
are not sufficient to protect the public health, safety, or
welfare, or the health of animals, fish or aquatic life, or
public water supply, or meet the needs of commercial, industrial,
agricultural, recreational or other reasonable uses.
Water Shortage Plan - The St. Johns River Water Management
District's Chapter 40C-21 F.A.C. Water Shortage Plan.
Section 19.81 - DECLARATION OF A WATER SHORTAGE.
A. The City of Edgewater shall declare a water shortage or
a water shortage emergency based on public concern and technical
information such as, but not limited to, groundwater levels, well
drawdown levels and rainfall and the Level of Water Conservation
and Use as set forth in Section 19.82 of this ordinance; and
B. In the event the St. Johns River Water Management
District declares a water shortage and implements its Water
Shortage Plan, 40C-21, F.A.C., the Water Shortage Plan and all
elements of said Plan become effective and take precedence over
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the provisions of this Article. At such time as the declared st.
Johns River Water Management District water shortage expires,
then all provisions of this article become effective and
enforceable.
Section 19.82. LEVELS OF WATER CONSERVATION AND USE.
The city of Edgewater, in order to provide the necessary
levels of year-round water conservation and provide for the most
logical transition to a declared water shortage, water emergency
or the st. Johns River Water Management District Water Shortage
Plan, shall establish the following levels of water conservation
and use:
A. Base Level - This Level is the Base Water Conservation
and Use level and provides for the permanent year round water
conservation and use provisions as set forth in Section 19.83 of
this Article.
B. Levell - Levell corresponds to the st. Johns River
Water Management District's Phase 1 Moderate Water Shortage Plan
and all the provisions therein. Levell may be declared at any
time based on the established need for additional water
conservation and use provisions above and beyond the Base Level.
C. Level 11 - Level 11 corresponds to the st. Johns River
Water Management District's Phase II Severe Water Shortage Plan
and all the provisions therein. Level 11 may be declared at any
time based on the established need for additional water
conservation and use provisions above and beyond Levell.
D. Level 111 - Level 111 corresponds to the st. Johns River
Water Management District's Phase 111 Extreme Water Shortage Plan
and all the provisions therein. Level 111 may be declared at any
time based on the established need for additional water
conservation and use provisions above and beyond Level 11.
E. Level lV - Level lV corresponds to the St. Johns River
Water Management District's phase lV Critical Water Shortage Plan
and all the provisions therein. Level lV may be declared at any
time based on the established need for additional water
conservation and use provisions above and beyond Level 111.
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section 19.83. BASE WATER CONSERVATION AND USE PROVISIONS.
The following Base Water Conservation and Use provisions
shall be imposed by the City of Edgewater on the users of water:
A. The use of water for landscape irrigation is hereby
prohibited between 7:00 A.M. and 7:00 P.M., seven days a week.
Excessive use of water for landscape irrigation or overwatering
of landscaping is discouraged. Overspray onto impervious
surfaces is prohibited.
B. Non-commercial or private automobile washing shall
utilize an automatic shut-off/self cancelling spray nozzle.
Automobile washing shall be on pervious surfaces whenever
feasible or at a commercial water recycling automobile wash.
C. The washing of sidewalks, walkways, driveways, parking
lots, tennis courts and all other impervious areas shall utilize
an automatic shut-off/self-cancelling spray nozzle or low volume
pressure cleaning. Excessive use of water for washing of
impervious areas is discouraged. Runoff from impervious surface
washing shall be directed as much as possible towards pervious
areas.
D. Filling and refiling of swimming pools, except necessary
during the construction process, and except as necessary to raise
the level of water one-inch above the pool's skimmer, is
prohibited.
E. Effective January 1, 1991, all groundwater irrigation
systems shall be low volume irrigation systems.
F. Effective January 1, 1991, all groundwater utilized in
water-to-air heating and air conditioning systems must be
directed to landscape irrigation systems, groundwater injection
or exfiltration systems. Off-site discharge from heating and air
conditioning systems is prohibited.
Section 19.84. GENERAL WATER USE PROVISIONS.
In addition to the Base Water Conservation and Use
provisions as set forth in Section 19.83 of this Article, the
excessive, wasteful and unnecessary water use shall also be
prohibited by the City of Edgewater as follows: Excessive,
wasteful and unnecessary water use includes, but is not limited
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to:
A. Allowing water to be dispersed without any practical
purpose to the water user, regardless of the type of water use;
and
B. Allowing water to be dispersed in a grossly inefficient
manner, regardless of the type of water use; and
C. Allowing water to be dispersed to accomplish a purpose
for which water use is unnecessary or which can be readily
accomplished through alternative methods of significantly less
water use.
Section 19.85. EXEMPTIONS.
A. New landscaping consisting of shrubbery, trees, lawns,
grass, groundcovers, plants, vines, gardens and other such flora
which have been planted less than thirty (30) days are exempt
from the Base Water Conservation and Use landscaping irrigation
provisions of Section 19.83 of this Article. However, after
thirty (30) days, the provisions of this Article shall apply.
B. Water-to-air heating and air conditioning systems and
reuse or reclaimed water reuse irrigation systems conforming to
the provisions of this Ordinance shall be exempt from the Base
Water Conservation and Use landscape irrigation provisions of
Section 19.83 of this Article.
C. Agricultural uses are exempt from the provisions of this
Article.
D. Watering of clay or clay type recreational courts is
exempt from the Base Water Conservation and Use provisions.
E. Exemption Stickers of a uniform design and color shall
be issued by the City of Edgewater for water-to-air heating and
air conditioning systems and reuse or reclaimed water systems and
displayed in a conspicuous location easily viewed by enforcement
personnel.
Section 19.86. VARIANCES.
A. When the City of Edgewater finds that compliance with
any of the requirements of this Ordinance would result in undue
hardship for a specific user, a variance from anyone or more
such requirements may be granted by the City Engineer or the
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Director of utilities provided it is the minimum necessary to
alleviate such undue hardship for the user and to the extent such
variances can be granted without impairing the intent and purpose
of this Ordinance.
B. All users requesting a variance from the provisions of
this Ordinance shall file a petition for variance but must
conform to the greatest possible extent to the water use
restrictions of this Ordinance until such variance is determined
to be applicable under Section 19.86(D) of this Ordinance.
C. A petition for variance shall be in writing and contain
the following:
1. The petitioner's name and address.
2. The specific provision from which the petitioner is
requesting a variance.
3. A detailed statement of the facts which the petitioner
believes demonstrates that the request qualifies for variance
under Section 19.86(D) of this Ordinance.
4. A description of the variance desired.
5. The period of time for which the variance is sought
including the reasons and facts in support thereof.
6. The damage or harm resulting or which may result to the
petitioner from compliance with the provision.
7. The steps the petitioner is taking to meet the
provisions from which the variance is sought and when compliance
could be achieved.
8. Other relevant information the petitioner believes
supports his petition for variance.
D. No petition for variance shall be approved unless the
petitioner affirmatively demonstrates that one or more of the
following circumstances exists:
1. The variance is essential to protect health or safety;
or
2. Compliance with the provisions from which a variance is
sought will require measures which, because of their extent or
cost, cannot be accomplished; or
3. Compliance with the provision from which a variance is
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sought will result in substantial economic, social or health
burden on the petitioner or those served by the petitioner; or
4. Alternative restrictions which achieve the same level of
demand reduction as the provision are available and reflect the
intent and purpose of this Ordinance.
Section 19.87. PENALTIES.
Any person violating any of the provisions of this Article
shall be deemed guilty of a misdemeanor and shall be punished by
fine of not less than one dollar ($1.00) nor more than five
hundred dollars ($500.00), or by imprisonment in the jail for a
period of not exceeding sixty (60) days or by both such fine and
imprisonment, at the discretion of the judge trying the case.
Each day any such violation shall continue shall constitute a
separate offense.
SECTION 3.
That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 4.
If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 5.
This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Gold
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a Regular meeting of
said Council held on the 7th day of ray , 1990.
The second reading of this Ordinance to be at a Re~ular
meeting of the City Council of the city of Edgewater, Florida, to
be held on the
21st
day of
May
, 1990.
ROLL CALL VOTE ON
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EXCUSED
Councilman -Zone Four
SECOND READING:
Y�v�r
This Ordinance read and adopted on second reading at a
r meeting of the City Council of the Cit f Edge-
wat r, Florida, and authent' ted this a / da of ,
1990.
Mayor