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Item R2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance for water and irrigation conservation which would limit the use of water in landscaping. ITEM BACKGROUND: Requested by the FKAA as part of the requirement for SFWMD approval of FKAA's Biscayne Aquifer water withdrawal permit. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDAnONS: Approval to advertise for public hearing in Key Largo on November 13, 2002. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DlRECTDR APPROVAL~-;d7. ~MES . HENDRICK DOCUMENTAnON: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # ~~-- , Board of County Commissioners ORDINANCE NO. - 2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONCERNING WATER AND IRRlGAnON CONSERVAnON WHICH WOULD LIMIT THE USE OF WATER OF LANDSCAPING; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRlcnONS; PROVIDING EXEMPnONS; PROVIDING ENFORCEMENT; PROVIDING FOR VARIANCE REUEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes (County Government) authorizes the Board of County Commissioners to enact those regulations necessary for the health, safety and welfare of the citizens and visitors of Monroe County; and WHEREAS, it is the policy of Monroe County to conserve and protect its valuable and critical water resources; and WHEREAS, the Florida Keys Aqueduct Authority (FKAA) and the South Florida Water Management District (SFWMD) have developed a "Water Conservation Plan" for the conservation and distribution of water resources; and WHEREAS, it Is the intent and policy of the BOCC of Monroe County to ensure the continued health, safety, welfare, and quality of life for the existing and future residents and visitors to Monroe County by assisting in the conservation of its water resources; and WHEREAS, the FKAA and SFWMD finds that it is in the best interest of citizens of Monroe County to enact a countywide ordinance imposing permanent restrictions on landscape irrigation; and WHEREAS, enforcement of water restrictions may be made more efficient through the use of a citation system; and WHEREAS, Section 162.21, FS, provides local governing bodies with an additional and supplemental means of enforcing county codes and ordinances, through the use of a citation system; and WHEREAS, use of the citation system will allow the imposition of civil penalties for violation of the provisions of the Water and Irrigation Conservation Ordinance; and WHEREAS, the imposition of civil penalties for violation of the Water and Irrigation Conservation Ordinance will assist in the protection of the water resources of the County; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Short Title: ADDllcabilitv: Authorltv 1.01 This ordinance shall be known as the "Monroe County Water and Irrigation Conservation Ordinance. " 1.02 All provision of this ordinance shall be effective within the unincorporated areas of Monroe County, Florida, and shall set restrictions, constraints and prohibitions to enhance the County's water resources and provide a permanent water conservation measure. Unless otherwise provided, nothing in this ordinance shall be construed to relieve any person from compliance with any applicable regulations enacted by the County or any municipality, district or other political subdivision of the State of Florida. 1.03 This ordinance Is adopted under the authority of Chapter 125, Florida Statutes as amended. Section 2. PurDose The purpose of this ordinance Is to establish a regulatory framework and guidance document which will help ensure that water and landscape Irrigation conservation will be consistent throughout Monroe County. Section 3. Definitions 3.01 The following definitions shall apply within this ordinance. a) Agriculture - the growing of farm products including, but not limited to, vegetables, citrus and other fruits, sod or nursery stock including, but not limited to, ornamental foliage and greenhouse plants. b) Code Enforcement Officer/Code Inspector - any authorized agent or employee of the County whose duty is to ensure compliance with the provisions of this ordinance, Including, but not limited to, law enforcement officers and designated employees of the Code Enforcement Department. c) Impervious - land surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways, parking lots and highly compacted areas Including shell or clay. d) Irrigation - the direct application of water by means other than precipitation. e) Irrigation systems - equipment and devices which deliver water to plan~ being irrigated f) Person - includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly or severally. Section 4. Restrictions 4.01 Irrigation of any residential, commercial, institutional, governmental or industrial landscape areas shall be restricted to the hours of 5:00 PM to 9:00 AM. 4.02 It shall be unlawful to operate or cause the operation of any irrigation system or device in a manner causing potable water to be washed, including, but not limited to, unnecessary watering of impervious areas, other than that which may occur incidental to the property operation of the primary Irrigation system. 4.03 Upon the effective date of this ordinance, new installations of automatic Irrigation systems shall be equipped with a water sensing device which will automatically discontinue irrigation during periods of rainfall. Section 5. ExemDtions The following activities shall be exempt from the provisions of this ordinance: 2 5.01 Landscape irrigation by hand watering using a self-canceling nozzle. 5.02 Landscape irrigation by systems from which the sole source is treated wastewater effluent. 5.03 The operation of irrigation systems for system repair and maintenance. 5.04 Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning and disperse the water in such a manner to benefit local vegetation. 5.05 Landscape Irrigation for purposes of watering In fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control operators and shall be limited to manufacturer's recommendations. 5.06 Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five days after initial installation. 5.07 Irrigation activity for dust emissions required by court or administrative action. 5.08 Agricultural irrigation where the use of water Is permitted by a consumptive or water use permit Issued by the SFWMD. Section 6. Enforcement 6.01 Failure to comply with the requirements of this ordinance shall constitute a violation of a County ordinance, and may be punished as provided by Sec. 125.69(1), FS. 6.02 Violations of the provisions of this ordinance may also be punished, pursuant to Sec. 162.21, FS, as a civil infraction with a maximum civil penalty not to exceed $500.00, as set forth in the Monroe County Code Enforcement Citation System. 6.03 Each day in violation of the provisions of this ordinance shall constitute ~ separate offense. 6.04 In addition to the sanctions contained herein, the County may take appropriate action, including but not limited to, administrative action and requests for temporary and permanent injunctions, to enforce the provisions of this ordinance. 6.05 All monies collected pursuant to this ordinance shall be deposited in the Monroe County General Fund or such other place as may be designated by Resolution of the SOCC. Section 7. Variance Relief 7.01 Any person affected by the provisions of this ordinance may make application to the Growth Management Director, or his designee, for a variance, If compliance would impose a unique, unnecessary and inequitable hardship on such person. Relief may be granted only upon a demonstration that such hardship is peculiar to the person or the affected property and is not self- imposed, and that the grant of the variance will be consistent with the general Intent and purpose of this ordinance. Any application for variance or appeal shall be sent by certified mail, return receipt requested. 7.02 Upon receipt of an application for variance, the Growth Management Director, or his designee, shall render a written decision on the variance within ten working days. Denials of variance relief may be appealed to the Planning Commission within twenty days of such person's receipt of the notice of denial. The Planning Commission's decision is the final administrative action of Monroe County. 3 7.03 An application for a variance, and/or the granting of a variance, shall operate prospectively, and shall not affect any pending enforcement action against the property owner pursuant to the provisions of this ordinance. section 8. Severability If any section, subsection, sentence, clause or provision of this ordinance is held Invalid, the remainder of this ordinance shall not be affected by such Invalidity. Section 9. Inconsistent All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. Inclusion in Code The provisions of this ordinance shall be included and incorporated In the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 11. Effective Date This ordinance shall take effect Immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of November, 2002. Commissioner McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdordWICO B 4