A. Statement Of Intent: The Village of Winfield receives a fixed allotment of City of Chicago supplied Lake Michigan water from the DuPage County Water Commission. An expanding population in the Village and very high demand during the summer months has resulted in demand exceeding supply. This water supply is a fixed resource and it must be managed to ensure that an adequate supply is maintained for the health and safety of the residents of the Village of Winfield. This section includes provisions for efficiently using existing water resources (subsection B of this section). If efficient use of water during peak periods is insufficient to ensure an adequate water supply then temporary emergency regulations will be enacted during a declared water emergency (subsection C of this section). Special provisions and enforcement of subsections B and C of this section are outlined in subsection D of this section. (Ord. 2006-7-30, 7-20-2006)
B. Use Of Water During Peak Usage Periods: Peak usage commonly exceeds the Village's Lake Michigan water allocation during the summer from May 15 through September 15. In order to ensure water is available to all residents during this peak usage period the Village Manager and Village officials will enforce the following regulations that restrict nonessential and wasteful outside water usage:
1. General Watering Restrictions: During hot summer months most water used in the outdoors in the middle of the day (10:00 A.M. to 4:00 P.M.) is lost to evaporation. This is inefficient and wasteful of the Village's limited Lake Michigan water supply. The Village recognizes that residents and business owners wish to keep lawns, trees and gardens green and healthy. Therefore, watering of lawns, trees, and gardens may only occur from four o'clock (4:00) P.M. (evening) through ten o'clock (10:00) A.M. (morning). Watering outdoor lawns, gardens, and trees from ten o'clock (10:00) A.M. to four o'clock (4:00) P.M. during the period from May 15 through September 15 is prohibited. Furthermore, sprinkler watering shall not occur on consecutive days. To ensure this, the ability to water lawns and landscaping with sprinklers shall be dependent on the address of the property; properties with odd numbered addresses shall be permitted to use sprinklers during sanctioned hours only on odd numbered calendar days; properties with even numbered addresses shall be permitted to use sprinklers during sanctioned hours only on even numbered calendar days. (Ord. 2015-11-32, 11-19-2015)
2. Sodding And Seeding Restrictions:
a. General Restriction: Establishing turf is water intensive, particularly during hot summer months. No person shall lay or plant, cause to be laid or planted, or permit to be laid or planted, any sod or seed in the Village from July 1 to September 1, unless a permit has been issued by the Village Manager. Sod or seed laid or planted prior to July 1 of the calendar year may be watered after July 1.
b. Permit And Petition To Lay Sod Or Plant Seed: Notwithstanding the provisions of subsection B2a of this section, the Village Manager may authorize a permit for the laying of sod or planting of seed during the prohibited time period if the Village Manager determines that the watering required for the sod or seed will not place an undue demand upon the Village water distribution system. This permit will be issued by the Village to the owner of the property where the sod is to be laid or the seed is to be planted and the contractor who will lay the sod or seed to be planted on the property. The petition will include:
(1) The address and legal description of the property where the sod is to be laid or grass seed is to be planted.
(2) The name and address of the owner of the property.
(3) The name and address of the contractor.
(4) The number of square feet of sod to be laid or grass seed planted.
(5) The date on which the sod is to be laid or grass seed planted.
(6) The source of water that will be used to water the sod or grass seed (if other than the Village water distribution system), the method by which the water will be transported to the site, the number of days on which such watering shall be done, and the amount of water, in gallons, to be so used.
(7) The date when the property owner will commence using water from the Village water distribution system for lawn sprinkling purposes and the amount of water, in gallons, which will be required at such time for the proper care of such sod.
C. Emergency Regulations:
1. Authority Of Village Manager: The Village Manager is authorized by the Village President and Board of Trustees to declare a state of emergency and establish regulations restricting the use of water supplied by the Village of Winfield distribution system whenever the water supply of the Village is diminished such that it is likely to become dangerous to the health and safety of the public. Water use regulations may impose limitations on days and hours of water use for some or all purposes, and to prohibit specified water uses. The maximum duration of the restrictions imposed by the Village Manager is twenty one (21) calendar days.
2. Action By The President And Board Of Trustees: At the conclusion of the Village Manager's emergency regulation authority or in the place of the authority of the Village Manager, whenever the total demand for water is greater than is consistent with the public health, safety or welfare, the Board of Trustees may issue their own emergency water conservation regulations as provided in this Code. (Ord. 2006-7-30, 7-20-2006)
3. Levels Of Emergency Restrictions: The following levels of emergency regulations are provided:
a. Level One; Odd/Even Outside Water Use: The ability to use water outside for any purpose shall be dependent on the address of the property; properties with odd numbered addresses would be permitted to use sprinklers and water landscaping during sanctioned hours on odd numbered calendar days; properties with even numbered addresses would be permitted to use sprinklers and water landscaping during sanctioned hours on even numbered calendar days. (Ord. 2015-11-32, 11-19-2015)
b. Level Two; Total Ban On Water Sprinkling: No outdoor sprinkling, watering or other uses, such as washing vehicles, would be permitted at any time.
4. Public Notice Of Emergency Regulations: Public notice of a declared water emergency and water use regulations issued by the Village Manager or Trustees will be posted at the Village Hall, by news release to the local newspapers, radio media and cable antenna television, and by any other reasonable manner that the Manager or Trustees may devise. Further, the Village Manager and Trustees are required to keep both entities mutually informed of the nature of the emergency and the regulations that have been enacted.
5. Duration Of Emergency Regulations: The temporary emergency regulations established by the Village Manager or Trustees shall remain in full force until one or more of these conditions occur:
a. The Village Manager determines that the emergency no longer exists and that the limited water supply is no longer a threat to Village residents' health and safety. The Village Manager will then lift the water emergency and rescind the emergency regulations by notice (see subsection C4 of this section).
b. The President and Board of Trustees modifies, repeals or makes permanent the emergency regulations by enacting an ordinance passed at any regular or special meeting of the Village Board.
c. The President and Board of Trustees will review the status of the water emergency and water use restrictions on a monthly basis. The Board of Trustees may vote to rescind the water emergency and water use restrictions by a majority vote. Trustees are required to notify Village residents that the water emergency and its provisions have been rescinded by notice (see subsection C4 of this section).
D. Enforcement And Special Provisions:
1. Violation:
a. The actions of subcontractors (e.g., lawn maintenance contractor) are the responsibility of the property owner, and ordinance violations by subcontractors will be issued to the property owner.
b. The Village Manager or designee shall issue a written warning to the person or business owner that is violating the provisions of this section and instruct them to cease the violation and to comply with this section. (Ord. 2006-7-30, 7-20-2006)
c. Any person who shall violate a provision of this section, or fail to comply therewith after receiving a warning as provided in subsection D1b of this section, or with any of the requirements thereof, shall be fined as provided in section 13-1-3 of this Code. (Ord. 2006-7-30, 7-20-2006; amd. per correspondence dated 7-31-2018)
d. Each day that a violation occurs, or is permitted to continue by the violator, shall be considered a separate offense.
E. Appeal Process: The Village understands that there may be special circumstances that require water use that is not in compliance with this section. An appeal may be made by the property owner to the Village Manager. This appeal will be reviewed by the Village Trustees and President at the next Trustees' meeting. If approved by the Village Trustees then the Village Manager will issue a variance based on the negotiated terms of the variance request. The appeal submitted to the Village Manager and Trustees will include:
1. Name and address of the appealing party.
2. Address of the location where the special circumstances and otherwise prohibited water use will occur.
3. Description of the circumstances of the appeal.
4. Description of the desired water usage, daily volumes required, and the start and end dates of the water usage. (Ord. 2006-7-30, 7-20-2006)