123.21(A) Intent. It is the intent and purpose of this
section, 123.21, to implement procedures to protect the
of the City and to promote water conservation through the efficient use of
and consistency with the South Florida Water Management District’s (SFWMD) mandatory
-round
conservation measures under Chapter 40E-24, Florida Administrative Code, (F.A.C.). This
section will increase water use efficiency; prevent and curtail wasteful Irrigation practices by providing mandatory
conservation measures; and prohibit the operation of
systems in a manner causing water to be wasted.
123.21(B) Application. The provisions of this Section shall apply to each User providing
from all
within the boundaries of the
. The provisions of this Section shall not apply to
s or agricultural operations (including nurseries), and
accomplished using Reclaimed Water or saltwater. In addition to the requirements of this Section, all permitted Users under Chapter 40E-2, F.A.C., are required to maintain compliance with all Consumptive Use Permit (CUP) conditions and terms, including requirements to implement water conservation practices.
Declaration of a
and/or
within all or parts of the
by the SFWMD Governing Board or SFWMD Executive Director shall supersede this Section for the duration of the applicable declaration, in accordance with § 111.20 of the
. A
usually occurs due to drought. Such a declaration would apply to all Users using the
within the geographical areas subject to a
or
, as determined by the SFWMD, whether from public or privately-owned water utility systems, private wells or private connections with surface water bodies, but shall not apply to Users using Reclaimed water or saltwater.
123.21(C) Year-Round Permanent Landscape Irrigation Measures. The following requirements or exceptions shall apply to all Users, unless otherwise specified.
123.21(C)(1)
shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as provided below.
123.21(C)(2)
of Existing
shall comply with the following provisions:
123.21(C)(2)(a)
es and
, or other locations without an
, may accomplish necessary
only on Thursdays, and/or Sundays.
123.21(C)(2)(b)
es may accomplish necessary
only on Wednesdays, and/or Saturdays.
123.21(C)(3)
of New
shall comply with the following provisions:
123.21(C)(3)(a) New
may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the New
is allowed without regard to the listed watering days and times.
123.21(C)(3)(b) A 90-day establishment period begins on the day New
is installed. The New
shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice.
123.21(C)(3)(c)
of New
which has been in place for 30 days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
123.21(C)(3)(d)
of New
which has been in place for 31 to 90 days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday.
123.21(C)(3)(e)
of the New
is limited to areas containing only the New
. An entire zone of an Irrigation system shall only be utilized for
under this Section if the zone in question is for an area that contains at least 50% New
. If a zone contains less than 50% New
, or if the New
is in an area that will not typically be irrigated by an
system, only the individual new plantings are eligible for additional
. Targeted watering may be accomplished by Low Volume Hand Watering, or any appropriate method which isolates and waters only the New
.
123.21(C)(4)
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.
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 ten minutes per zone.
123.21(C)(5)
for the purpose of watering-in fertilizers, insecticides, pesticides, fungicides, and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall be allowed under the following conditions:
123.21(C)(5)(a) Such watering-in shall be limited to one application in the absence of specific alternative instructions from the manufacturer; and
123.21(C)(5)(b) Such watering-in shall be accomplished during normal watering days and times listed above unless a professional licensed applicator has posted a temporary Sign containing the date of application and the date(s) of needed watering-in activity.
123.21(C)(6) Any plant material may be watered using Low Volume
, Micro-Irrigation, Low Volume Hand Watering methods, rain barrels, cisterns, or other similar rain-harvesting devices without regard to the listed watering days or times.
123.21(C)(7) In addition to the specific listed measures, all Wasteful and Unnecessary water use is prohibited.
123.21(C)(8) In the event the SFWMD imposes restrictions on
for new and existing installations which are more restrictive than those imposed by § 123.21, such as under the declaration of a
or
, the more restrictive regulations shall apply for the applicable duration of the more restrictive regulations.
123.21(C)(9) It shall be the duty of each User to keep informed as to the
conservation measures within this Section, which affect each particular water use.
123.21(D) Additional Measures. Any User who purchases and installs an automatic
system shall properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture in accordance with F.S. § 373.62, Florida Statutes and § 123.21 of the
.
123.21(E) Variances.
123.21(E)(1) Any User affected by this
may apply for a variance to the
, or designee. A variance from the specific day or days identified in § 123.21 may be granted if strict application of the restrictions would lead to an unreasonable or unfair result, provided the
demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the
, or those the
serves. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the
or the affected property, is not self-imposed, and further demonstrates that granting the variance would be consistent with the general intent and purpose of § 123.21. However, no single zone may be irrigated more than two days per week unless a User maintains an Irrigation system that uses soil moisture sensors or weather-based Irrigation controllers.
123.21(E)(2) Examples of circumstances for a variance include, but are not limited to:
123.21(E)(2)(a) Two or more properties which share a common source of water;
123.21(E)(2)(b) A public or private water system experiencing or anticipating distribution problems.
123.21(E)(2)(c) A User maintains an
system that uses soil moisture sensors or weather-based Irrigation controllers; or
123.21(E)(2)(d) Where a contiguous property is divided into different zones, a variance may be granted so that each zone may be irrigated on days different than other zones of the property.
123.21(E)(2)(e) Where a User maintains, manages, or owns a non-residential property, such as a house of worship, where the primary day of use, operation, or attendance for the property coincides with the prescribed watering day for the
.
123.21(E)(3) Upon receipt of an application for variance from the requirements of this section, the
or designee shall render a decision on the variance within 20 days.
123.21(E)(4) A variance application and/or granting a variance under the provisions of § 123.21 shall operate prospectively, shall not stay or abate the enforcement of the provisions of § 123.21, and shall not affect any prior or pending enforcement actions against the affected
that have been initiated pursuant to the provisions of § 123.21.
123.21(E)(5) If a variance is granted, the User shall be required to post a notice at each parcel to which the variance pertains.
123.21(E)(6) A variance is invalid if it has expired or if the User or its agent violates the terms of the variance.
123.21(E)(7) Recognition of SFWMD variances. The
recognizes and adopts all Irrigation variances or waivers issued by the SFWMD.
123.21(F) Enforcement and Penalties. The
shall delegate appropriate personnel, agencies and departments of the to diligently enforce the provisions of this Section and/or any restriction imposed by the South Florida Water Management District and/or the Florida Department of Environmental Protection. Any
violating any provision of this Section shall be punishable as provided in § 2.99 of the
and by any other applicable laws.
(Ord. 2021-06, passed 9-13-2021)