HomeMy WebLinkAboutO-2006-038 Section 27-37 Water Conservation ORDINANCE NO. 2006-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT
RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION";
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH:
Section 1. That Section 27-37, entitled "Permanent Restrictions for Lawn and
Landscaping Irrigation", is created to read as follows:
Sec. 27-37 Permanent Restrictions for Lawn and Landscaping Irrigation.
(a) Irrigation of new and existing lawns and landscaping (jointly referred to as "landscaping"
in this Section) are restricted to the hours of 9:00 p.m. to 9:00 a.m., seven days per week.
(b) Exclusions.
(1) Irrigation of new and established landscaping with reclaimed wastewater shall not
be restricted. Low-volume irrigation of new and established landscaping shall not be restricted.
Handwatering using a self-canceling nozzle shall not be restricted.
(2) Irrigation of established landscaping for purposes of watering-in
insecticides, fungicides and herbicides, where watering-in is required by the manufacturer or by
federal, state or local laws, shall not be restricted.
(3) The operation of irrigation systems for cleaning and maintenance purposes shall be
limited. to the minimum necessary to maintain efficient operation of the system and each
irrigation system zone may be tested not more than once each week; however, if such cleaning
and maintenance is required more than once per week, then the property owner is required to
show proof or provide evidence of that need to the Public Services Department (the
"Department").
(4) Disposal wells for water-to-air heat pumps are encouraged; however, existing
installations which discharge water to irrigation systems are exempt from the restrictions of this
Section.
(c) Exceptions.
(1) Any users requesting relief from the provisions of this Section shall file an
application for exception on a form prescribed by the Department but must conform to
landscaping irrigation restrictions until the Department Director (the "Director") or his or her
designee grants a temporary exception or until the City Manager or his or her designee grants the
exception.
(2) Criteria for issuance. No application for an exception shall be granted unless the
applicant demonstrates that a strict adherence to the Code requirements will result in an undue
hardship and that the exception will not otherwise be harmful to the water resources of the City
and, in addition, affirmatively demonstrates that one or more of the following circumstances
exists:
(A) The exception is essential to protect health or safety; or
(B) Compliance with the particular rule or order from which the exception is
sought will require measures which cannot be accomplished.
(3) Limiting conditions. Exceptions granted shall be subject to the following conditions,
unless waived or modified by the City Manager or his or her designee:
(A) The exception granted shall be the minimum necessary to alleviate the
circumstances for which the exception was granted under subsection
(2)(B) above.
(B) All exceptions shall expire upon the issuance of a water shortage
emergency or declaration by the District or any other entity or agency with
jurisdiction to regulate and shall resume in full force after the rescinding
of the emergency or declaration by the District or by such regulatory entity
or agency.
(C) Exceptions granted under subsection (2)(B) above may prescribe a
timetable for compliance with the restrictions from which the exception
was sought.
(D) The City Manager or his or her designee may revoke or modify an
exception when it is determined that the continued utilization of the
exception is inconsistent with the objectives of the City's Water
Conservation Program.
(E) All exceptions are personal to the applicant and expire upon transfer of
ownership of the property.
(4) Applications for exception. The application shall contain the following:
(A) The applicant's name, address, telephone number and location of the
property for which relief is requested;
(B) The specific rule, order, or restriction from which the applicant is
requesting relief,
2 ORDINANCE#2006-038
(C) A detailed statement of the facts which the applicant believes demonstrate
that the request qualifies for an exception;
(D) A description of the relief desired;
(E) The period of time for which the exception is sought including the reasons
and facts in support of the application;
(F) The damage or harm resulting or which may result to the applicant from
strict compliance with the irrigation restrictions;
(G) If the exception is sought under subsection (c)(2)(B) above, information
identifying the restrictions which currently can be met, a description of the
measures which would be necessary to meet all restrictions and the date
when these measures could be completed;
(H) For applications for an exception from restrictions on irrigation, a general
description of the irrigation system, including pump or water system
output and irrigated area; and
(I) Any other information the applicant believes is material.
(d) Procedures.
(1) The Director or his or her designee shall review the application. The Director shall
set forth in writing the grounds or basis for approval or denial of the exception. Upon the
Director's recommendation for approval, a copy of the recommendation shall be forwarded to
the applicant with a temporary exception granted for 14 days. Upon the Director's
recommendation of denial, the Director shall inform the applicant that the application is denied
and shall set forth the applicant's right to a hearing on such denial. The applicant may request a
hearing on such denial in accordance with subsection (d)(3) below.
(2) The Director or his or her designee shall present the application to the City Manager
or his or her designee to grant, deny or modify the exception. City Manager action denying
applications for exceptions shall be by written order and copies shall be furnished to the
applicant. An applicant whose exception has been granted by the City Manager shall be
furnished an appropriate notice of a landscaping irrigation restriction exception which shall
include the terms of exception and shall be prominently displayed at the applicant's place of use.
(3) Any person desiring to dispute a denial by the City Manager or his or her designee
shall request in writing to the Director within 20 days of receiving the City Manager's denial that
a hearing be held on the disputed matter. Upon such written request, the Director shall convene
a hearing within 15 days of receiving such request for hearing before the Hearing Panel. The
City's Hearing Panel (the "Panel") shall consist of the City Engineer or Consultant Engineer, the
City Attorney and the Director of Community Development, or their respective designees. The
3 ORDINANCE#2006-038
Director shall first present his or her side of the dispute. The applicant will then follow with a
presentation of his or her case. The Hearing Panel shall hear and consider all testimony offered
and shall, at the conclusion of the testimony, issue its order. Hearings shall be open to the public
and such hearings shall be conducted informally in accordance with ordinary parliamentary
procedures, and with all efforts to ensure that due process is afforded. Any person desiring to
appeal the decision of the Hearing Panel may request an appeal before the City Commission in
writing to the City Manager within ten days of the Hearing Panel's denial of the application for
exception. Such an appeal request to the City Commission shall be scheduled at the next
available City Commission meeting date.
(f) In the event the District imposes restrictions on landscape irrigation for new or
established landscaping which are more restrictive than those imposed by this Section or the
restrictions imposed pursuant to Section 27-32, the more restrictive regulations shall prevail.
Section 2. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That this Ordinance shall take effect immediately at the time of its passage
0 and adoption.
PASSED on first reading on November 14, 2006.
PASSED AND ADOPTED on second reading on November 28, 2006.
PATRICIA FLURRY
MAYOR-COMMISSIONER
ATTEST:
0� _kL
LOUISE STILSON, CMC
CITY CLERK
APPROVED S TrN FORM AND CORRECTNESS:
THO AS/J. SBR�O
CITY ATTORNEY
4 ORDINANCE#2006-038
CITY OF ®AMA BEACH �. l
Agenda Item#
Agenda Request Database
7F--"
Date of Commission Meeting: 11/28/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading)
Award Bid /RFP ❑ Presentation ❑ Continued from:
Requested Action (Idenfity appropnafe Action`or Motion)
_ ,?. ..,
Ordinance changes required by South Florida Water Management District
Vilhy Acttbn 1s Necessary
The City is in the process of renewing its water use permit from the South Florida Water Management District (SFWMD)
for withdrawals from well fields. One of the requirements for the permit to be renewed is the City has to have an approved
water conservation plan. A portion of the plan requires the City to modify existing ordinance irrigation restrictions. The
City will not receive its water use permit renewal until the water conservation plan is approved.
IF
Vilh'at Action Accomplishes �. . ... ._ �._u<<'"t ........v C a.. a a.w. .,. .. ten..- ten. �.... ,.3 .a. ...< 'bw..1✓�. ,ivg �a cJ .xir ..w
Allows City to meet requirements so SFWMD can renew permit.
Purchasing Requests ONLY
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Dept: 3301 Water Utility Administration Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
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rhrtirts Attached a
Ordinance
Memo
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Authorized Signatures� z
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Submitted by
Leo Williams Date 11/21/06
Department Director
Dominic Orlando Date 11/21/06
HR Director
Date
Finance Director
Date
City Attorney
Thomas J. Ansbro Date 11/21/06
City Manager
Ivan Pato Date 11/21/06
c
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
NOTICE OF HEARING BEFORE CITY COMMISSION
• CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be
heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the
Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida,
to consider the proposed adoption of the following Ordinances:
ORDINANCE NO.2006-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND
LANDSCAPING IRRIGATION'; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.2006-039
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT
TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF
QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE NO. 2006-040
• AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VI1,
"WATER AND SEWER IMPACT FEES"OF CHAPTER 27 ("WATER AND SEWERS")OF THE CITY
CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE;
ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM
IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS,
PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF
PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS;
PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE;
PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND
COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL
REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard,Dania Beach,Florida, and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any
person who decides to appeal any decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of
the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, (954) 924-3623 at least 48 hours prior to the meeting.
• /s/Louise Stilson
Run in Sun Sentinel:November 17,2006 City Clerk