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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: Ordinance 0-08-1704 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. Ordinance 0-08-1704 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. Ordinance 0-08-1704 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. Ordinance 0-08-1704 Page 5 of 6 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. Ordinance 0-08-1704 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 ---- seco ATTEST: Cynthia Singleton, TRMC, CMC City Secretary ~" APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ing and public hearing being conducted on the ! ~ day of /~nn4 CITY OF COLLEYVILLE ~~ David Kelly Mayor