HomeMy WebLinkAboutOrdinances (O-08-1704)-12/16/2008ORDINANCE 0-08-1704
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER
98, ARTICLE II, DIVISION I1, ADOPTING A LANDSCAPE IRRIGATION ORDINANCE
TO THE COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR A PERMIT FEE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
$2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville, Texas has determined that water
conservation and environmental protection are important issues and
concerns affecting the city; and
WHEREAS, properly-installed irrigation systems will conserve water, help avoid
wasteful use, and improve the overall quality of life for the citizens of
Colleyville, Texas; and
WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House
Bill 1656; and
WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government
Code to require a city with a population of 20,000 or more to regulate the
installation of irrigation systems within the corporate limits of the city as
well as the city's extraterritorial jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the health,
safety, and welfare of the public by creating an urban environment that is
protective of the city's water supply and provides an enhanced quality of
life for the citizens of the City of Colleyville; and
WHEREAS, all legal prerequisites for the passage of this Ordinance have been met,
including but not limited to the requirements of the Texas Open Meetings
Act and the City Charter; and
WHEREAS, City Council has found that the passage of this Ordinance serves the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2. THAT Chapter 98, Article II, Division II of the Code of Ordinances is
hereby amended as follows:
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Page 2 of 6
Sec. 98-44. Drought Contingency Plan -Adopted.
The City of Colleyville adopts and establishes a drought contingency plan
attached to Ordinance No. 0-06-1587 and adopted by reference in this
division.
Sec. 98-45. Landscape Irrigation Regulations.
(a) Minimum Standards for Lawn and Landscape Irrigation Systems.
The landscape irrigation rules promulgated by the Texas
Commission on Environmental Quality and contained in Chapter
344 Texas Administrative Code, as the same may be from time to
time amended, are hereby adopted by reference, including all other
provisions of this chapter, as the landscape irrigation rules of the
City.
(b) Permit required. Except as provided by Sec. 401.006(e), Texas
Local Government Code, the installer of an irrigation system shall
hold a license issued under Sec. 1903.251, Texas Occupations
Code, and shall obtain a permit from the City before installing an
irrigation system within the territorial limits or extraterritorial
jurisdiction of the City. To obtain a permit, the applicant shall first
file an application with the Building Inspection Department on a
form to be provided by the City for that purpose. Unless otherwise
exempted from registration, the installer of an irrigation system shall
be registered with the City as an irrigation contractor in accordance
with the provisions of Chapter 22, Article II, Colleyville Code of
Ordinances.
(c) Rain and Freeze Sensing Devices.
(1) All new commercial and industrial customer class irrigation
systems installed within the City must be equipped with rain
and freeze sensors.
(2) The potable water supply to lawn irrigation systems shall be
protected against backflow in accordance with the City's
Backflow and Cross-connection Control Program. All rain
and freeze sensors for commercial customer class lawn
irrigation systems shall undergo annual inspection and
testing concurrent with schedules associated with the
requirements set forth in Appendix A, Section 2 -Operating
Policies in General, Colleyville Code of Ordinances.
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Page 3 of 6
(3) All new residential customer class irrigation systems
installed within the City must be equipped with rain and
freeze sensors. On an existing irrigation system, a rain and
freeze sensor or gauge shall be installed whenever the
controller for the system is replaced.
(d) Inspection request. It shall be the duty of the permit holder or their
duly authorized agent to obtain all inspection approvals as required
by the City. It shall be the duty of the permit holder to provide
access to and means for inspections of such work that are required
by this code.
Sec. 98-46. Irrigation Conservation Restrictions.
(a) Except for hand watering and the use of soaker hoses, a person
commits an offense if he knowingly or recklessly irrigates, waters,
causes or permits the irrigation or watering of any lawn or
landscape located on premises owned, leased or managed by that
person between the hours of 10:00 a.m. and 6:00 p.m. at any time
during the year.
(b) A person commits an offense if he knowingly or recklessly irrigates,
waters, or causes or permits the irrigation or watering of a lawn or
landscape located on premises owned, leased or managed by the
person in a manner that causes:
(1) a substantial amount of water to fall upon impervious areas
instead of a lawn or landscape, such that a constant stream
of water overflows from the lawn or landscape onto a street
or other drainage area; or
(2) an irrigation system or other lawn or landscape watering
device to operate during any form of precipitation.
(c) A person commits an offense if, on premises owned, leased or
managed by that person, he knowingly or recklessly operates a
lawn or landscape irrigation system or device that:
(1) has any broken or missing sprinkler heads; or
(2) has not been properly maintained in a manner that prevents
the waste of water.
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Page 4 of 6
(d) The City Manager or his/her designee may mandate a two (2) day
per week watering schedule based on the following watering zones
established in section 98-44 of this chapter.
(1) Zone "A" is north of Colleyville Boulevard and west of
Pleasant Run Road. Tuesday and Friday
(2) Zone "B" is north of Glade Road and east of Pleasant Run
Road. Wednesday and Saturday
(3) Zone "C" is east of Colleyville Boulevard and south of Glade
Road. Thursday and Sunday
Sec. 98-47 Variances
(a) The City Manager orhis/her designee may grant variances from the
provisions of this Article as outlined below:
(1)
The applicant must sign a compliance agreement form
provided by the City Manager or his/her designee, agreeing
to irrigate or water a lawn or landscape only in the amount
and manner permitted by the variance.
(2) Granting of a variance must not cause an immediate
significant reduction in the City's water supply.
(3) The extreme hardship or need requiring the variance must
relate to the health, safety or welfare of the person
requesting it.
(4) The health, safety or welfare of the other persons must not
be adversely affected by granting the variance.
(b) The City Manager or his/her designee may revoke a variance
granted when the City Manager determines that
(1) the conditions of subsection (a) are not being met or are no
longer applicable, or
(2) the terms of the compliance agreement are being violated; or
(3) the health, safety or welfare or other persons requires
revocation.
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Sec. 97-48 Exemptions
(a) The City Manager or his/her designee shall grant exemptions to
private water wells used for irrigation after a visual inspection by the
City.
(b) The City Manager or his designee may grant exemptions to newly
installed lawns or landscapes for up to six weeks.
Sec. 3. THAT the City Council hereby establishes the fee for a permit for each
irrigation system to be $75.00. This fee will be added to the Colleyville
Code of Ordinances, Chapter II, Article II, Section 2-26(g) in the schedule
of fees.
Sec. 4. THAT this ordinance shall be cumulative of all provisions of ordinances of
the City of Colleyville, Texas, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances, in
which event the conflicting provisions of such ordinances are hereby
repealed.
Sec. 5. THAT it is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are, severable, and if any phrase, clause sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Sec. 6. THAT any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any
of the provisions of this ordinance shall be fined not more than two
thousand dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
Sec. 7. THAT The City Secretary of the City of Colleyville is hereby authorized to
publish this ordinance in book or pamphlet form for general distribution
among the public, and the operative provisions of this ordinance as so
published shall be admissible in evidence in all courts without further proof
than the production thereof.
Sec. 8. THAT Ordinance 0-06-1587 shall remain in full force and effect, except
where amended by this ordinance.
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Page 6 of 6
Sec. 9. THAT the effective date of this ordinance shall be January 1, 2009.
AND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~'~~~day of
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ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
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APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
ing and public hearing being conducted on the ! ~ day of
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CITY OF COLLEYVILLE
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David Kelly
Mayor