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HomeMy WebLinkAboutOrdinances (O-12-1834)-07/03/2012ORDINANCE 0-12-1834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 98, ARTICLE II, REGARDING WATER SERVICE AND WATER CONSERVATION, REPEALING IN ITS ENTIRETY ORDINANCE 0-94-948 AND ORDINANCE 0-06-1587, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, there continues to exist a need to conserve water due to potential drought conditions in North Texas, and such conditions threaten the availability of potable water on a long term basis; and WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of an Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply in order to ensure its availability for both regular and emergency consumption; and WHEREAS, the City Council previously adopted Ordinance 0-06-1587 and Ordinance 0-08-1704 and amended Chapter 98 of the Municipal Code regarding water conservation and drought contingency planning; 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 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 of the above premises are found to be true and ; correct and are hereby incorporated into the body of this Ordinance by reference as if copied in their entirety herein. Ordinance 0-12-1834 Page2of3 Sec. 2 THAT this Ordinance entirely replaces Ordinance 0-94-948 and Ordinance 0-06-1587, pursuant to Section 3.11 of the City Charter. ' Sec 3. THAT Chapter 98, Article II of the Code of Ordinances, is hereby amended as follows: Sec. 98-41. - Water Conservation and Drought Contingency Plan adopted; report by City on implementation and effectiveness of plan. (a) Adoption and approval of p/an. The City Council approves and adopts as the City's Water Conservation and Drought Contingency Plan attached to Ordinance 0-12-1834 as Exhibit "A" to be included in full as part of this division as if recited verbatim herein. The City commits to implement the program according to the procedures set forth in the plan. (b) Annual report to Water Development Board. The City shall report to the State Water Development Board annually on water usage. Sec. 98-42. - Administrative official designated. In regard to implementation and enforcement of the Water Conservation and Drought Contingency Plan, the city manager is designated as the official responsible for implementation and enforcement, according to the guidelines in the Water Conservation and Drought Contingency Plan, attached as Exhibit "A", and adopted by reference in this division. Ordinance 0-12-1834 Page 3 of 3 Sec. 4. Sec. 5. 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 provision 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. THAT the effective date of this ordinance shall be immediate upon its passage AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15t" day of May 2012. The second reading and public hearing being conducted on the 5th day of )une 2012. PASSED AND A ROVED by the City Council of the City of Colleyville, Texas, on this the v~~ day of 2012. ATTES~: !, `~CyntPli'~ Singleton, TRMC,~CMC ' City Secretary APPROVED AS TO FORM AND LEGALITY: ,~\~~ " ~ . CITY OF COLLEYVILLE _, ~ l~~~.-~~~_~~ David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit ~~A" City of Colleyville Water Conservation and Drought Contingency Plan Section 1. Purpose The purpose of the Colleyville Water Conservation and Drought Contingency Plan (hereinafter referred to as the "plan") is as follows: (a) To conserve the available water supply in times of drought and emergency. (b) To maintain supplies for domestic water use, sanitation, and fire protection. (c) To protect and preserve public health, welfare, and safety. (d) To minimize the adverse impacts of water supply shortages. (e) To minimize the adverse impacts of emergency water supply conditions. Section 2. Applicability The provisions of this plan shall apply to all persons, customers, and properties using water provided by the City of Colleyville. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. Section 3. Definitions. For the purposes of this plan, the following definitions shall apply: (a) Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. (b) City means the City of Colleyville, Texas, a municipal corporation. (c) Commercia/ and institutional water use means water use, which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels, and motels, restaurants, and office buildings. (d) Conservation means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that the water supply is conserved and made available for future or alternative uses. (e) Customer means any person, company, or organization using water supplied by the City. (f) Domestic water use means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. (g) Industrial water use means the use of water in processes designed to convert materials of lower value into forms having greater usability and value. (h) Landscape irri_qation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way, and medians. (i) Irriqation maintenance means testing, repair, and/or replacement of existing system components, including but not limited to irrigation pipe, valves, heads, controllers, and wiring. Irrigation maintenance must be performed in compliance with existing statutes, building codes, and City ordinances. (j) Non-essentia/ water use means water uses that are not essential or required for the protection of public, health, safety, and welfare. Water uses regulated or prohibited under this plan are considered non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 12 of this plan. (k) TCE means Texas Commission on Environmental Quality. (I) TRA means Trinity River Authority, the City's wholesale supplier of water. (m) TRWD means Tarrant Regional Water District. (n) TWDB means Texas Water Development Board. (o) Watering zones means predetermined areas of the City where irrigation is allowed on designated days. Section 4. Coordination with regional water planning groups. The service area of the City is located within TCEQ Region 6 and TRWD. TRA is the City's wholesale supplier of water. The City will provide a copy of this plan, and any subsequent amendments to the TCEQ, TRA, TRWD, and TWDB. Section 5. Public education and notification. (a) The City, by and through its Public Works Department and other staff, shall periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. (b) When drought contingency measures appear to be necessary, the public will be notified through available news media, and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed of the status of the drought condition through all available media. (c) When a trigger condition has been reached and the Trinity River Authority informs the City that drought contingency measures may be necessary, the city manager or his/her designee will order the initiation of a public notification process. The public notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at City Hall. (2) The same notice will be circulated to local newspapers and radio stations via public service announcement. (3) Information regarding the contingency measures for the drought condition will be posted on the City's web site. (4) Appropriate signage will be posted in the public rights-of-way at key locations throughout the City. Section 6. Initiation and Termination of Drought Response Stages The city manager will, with the concurrence of the City Council, order the implementation of a drought response stage or water emergency when requested to do so by TRA or when he/she determines that conditions warrant the implementation of the plan. Section 7. Drought and Emergency Response Stages and Measures Water Awareness - Water awareness is intended to raise public awareness of the need for ongoing water conservation measures and potential drought problems. The actions listed below are in effect year round and are subject to being superseded by more severe measures when determined necessary by the city manager and/or TRA. (a) Voluntary reductions in water use. (b) Except for hand watering and the use of soaker hoses, the irrigation or watering of any lawn or landscape is prohibited between the hours of 10:00 a.m. and 6:00 p.m. at any time during the year. (Code of Ordinances, Section 98-46, a.) (c) Ongoing public information efforts to teach and encourage water conservation. (d) Notify major water users and work with them to achieve voluntary water use reduction. (e) Reduce City use of water for street cleaning, vehicle washing, operation of ornamental fountains, landscape irrigation, and all other non-essential use. (f) Prohibit the operation of irrigation systems with broken or missing heads. (g) Prohibit the operation of irrigation systems, which cause significant runoff. (h) Prohibit any form of irrigation or landscape watering device to operate during any form of precipitation. Stage 1, Water Watch Trig_Qerinq and Terminating Conditions (a) TRA directs that Stage 1 measures be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, determines that conditions warrant the declaration of a Stage 1 drought. Stage 1 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 1 no longer prevail, or at the discretion of the city manager. Actions Required under Stage 1, Water Watch The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA, TRWD and TCEQ. (a) Continue Water Awareness actions. (b) Prohibit hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, or other impervious surfaces, except to alleviate an immediate health or safety hazard. (c) Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. (d) Prohibit using water in such a manner as to allow runoff or other waste, including: (1) Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet; (2) Operating a permanently installed irrigation system with: a. a broken head; (b) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is misting because of high water pressure; b. during irrigation, allowing water to (a) run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one quarter of an inch; or c. use of water for recreational purposes such as splash pads unless the water is recyclable and can be made to conform to established standards for water used in public swimming pools. (e) Prohibit the draining and filling of swimming pools except as authorized elsewhere in this plan. (f) Limit landscape watering with sprinklers or irrigation systems at each service address to twice per week, based on the following schedule. This includes landscape watering of parks, golf courses and sports fields. Zone Allowed Water Days A Tuesday and Friday B Wednesday and Saturday C Thursday and Sunday Zone ~~A" is north of Colleyville Boulevard and west of Pleasant Run Road. Zone ~~B" is north of Glade Road and east of Pleasant Run Road. Zone "C" is south of Glade Road and east of Colleyville Boulevard. (g) No watering will be allowed on Monday. These restrictions also apply to government facilities. Exceptions: (a) Twice per week watering restrictions do not apply to locations using well water or treated wastewater effluent, or water from ponds that are naturally fed (from sources other than the public water supply). (b) Foundations may be watered up to two hours on any day by a handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (c) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by a handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (d) Establishing new turf is discouraged. If new hydro-mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first six weeks while it is being established. A sign issued by the City of Colleyville must be prominently displayed during the establishment period. After that, the watering restrictions set forth in this stage apply. (This exception does not include over seeding with rye or other winter grasses since turf already exists.) (e) Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the Public Works Director, if the Public Works Director determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be watered on different days. A sign issued by the City of Colleyville that states such exemption has been granted must be prominently displayed for the duration of the exemption. (f) Drip irrigation systems (g) Misting systems for public gatherings, including outdoor eating venues. (h) Irrigation systems that are undergoing repair provided a licensed irrigation contractor or property owner is on site and doing necessary repair work. Irrigation repair work may take place anytime during the day, provided no irrigation zones are operating continuously for more than two minutes. (i) Swimming pools that are being repaired for leaks (this does not include cleaning) may be emptied and filled for the specific purpose of structural repairs. (j) Swimming pools that have been declared a health hazard due to lack of proper maintenance (vacant property, for example) may be emptied and refilled for the purpose of eliminating the health hazard. Owners of such pools may be subject to other enforcement actions as determined by the City's code enforcement officer. (k) Flushing of fire hydrants to ensure water quality complies with state requirements. (I) Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (m) Skinned areas of sports fields may be watered as needed for dust control. (n) Plant stock at commercial plant nurseries. (o) All users are encouraged to use Texas native and drought tolerant plants in landscaping. In addition to the above restrictions, the following additional measures will be taken: (a) Continue public education efforts on ways to reduce water use. (b) Increase enforcement efforts. (c) Audit all City irrigation systems to ensure proper condition, settings, and operation. (d) Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "as requested" basis. (e) Identify and encourage voluntary reduction measures by high- volume water users through water use audits. Stage 2, Water Warning Trig_qering and Terminating Conditions (a) TRA directs that Stage 2 measures be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, finds that conditions warrant the declaration of a Stage 2 drought. Stage 2 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 2 no longer prevail, or at the discretion of the city manager. Actions available under Stage 2, Water Warnina The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA, TRWD and TCEQ. (a) Continue Stage 1 actions. (b) Limit landscape watering with sprinklers or irrigation systems at each service address to one day per week, based on the following schedule. This includes landscape watering of parks, golf courses and sports fields. Zone Allowed Water Days A Tuesday B Wednesday C Thursday (c) Prohibit the use of water for dust control, except as required to protect public health. (d) Landscape watering of municipal parks, golf courses, and sports fields is limited to once every seven days; or once every seven days per irrigation station if a variance is granted by the Public Works Director. (See exceptions to outdoor watering restrictions for rules that apply to facilities with large multi-station irrigation systems.) (e) Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (f) Prohibit wet street sweeping. (g) Prohibit watering for dust control on skinned areas of sports fields. (h) Prohibit filling of swimming pools with automatic valves. Exceptions: (a) Once per week watering restrictions do not apply to locations using well water or treated wastewater effluent, or water from ponds that are naturally fed (from sources other than the public water supply). (b) Foundations may be watered up to two hours on the two watering days allowed in Stage 1 by handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (c) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (d) Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the Public Works Director, if the Public Works Director determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be watered on different days. A sign issued by the City of Colleyville that states such exemption has been granted must be prominently displayed for the duration of the exemption. (e) All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. If new hydro-mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first six weeks while it is being established. A sign issued by the City of Colleyville must be prominently displayed during the establishment period. After that, the watering restrictions set forth in this stage apply. (This exception does not include over seeding with rye or other winter grasses since turf already exists.) (f) Drip irrigation systems (g) Misting systems for public gatherings, including outdoor eating venues. (h) Irrigation systems that are undergoing repair provided a licensed irrigation contractor or property owner is on site and doing necessary repair work. Irrigation repair work may take place anytime during the day, provided no irrigation zones are operating continuously for more than two minutes. (i) Swimming pools that are being repaired for leaks (this does not include cleaning) may be emptied and filled for the specific purpose of structural repairs. (j) Swimming pools that have been declared a health hazard due to lack of proper maintenance (vacant property, for example) may be emptied and refilled for the purpose of eliminating the health hazard. Owners of such pools may be subject to other enforcement actions as determined by the City's code enforcement officer. (k) Flushing of fire hydrants to ensure water quality complies with state requirements. (I) Plant stock at commercial plant nurseries. (m) All users are encouraged to use Texas native and drought tolerant plants in landscaping. In addition to the above restrictions, the following additional measures will be taken: (a) Further accelerate public education efforts on ways to reduce water use. (b) Increase frequency of inedia releases on water supply conditions. (c) Continue increased enforcement efforts. (d) Audit irrigation systems to ensure proper condition, settings, and operation. (e) Continue to identify and encourage voluntary reduction measures by high-volume water users through water use audits. Sta_qe 3, Water Emergencx TriQQering and Terminating Conditions (a) TRA directs Stage 3 measures to be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, finds that conditions warrant the declaration of a Stage 3 drought. Stage 3 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 3 no longer prevail, or at the discretion of the city manager. Actions Available under Stage 3, Water Emergency The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA and TRWD. (a) Continue Stage 1 and 2 actions. (b) Prohibit all landscape watering, including at parks, golf courses, and sports fields. (c) Prohibit establishment of new landscaping. Exceptions: (a) Watering restrictions do not apply to locations using well water or treated wastewater effluent, or water from ponds that are naturally fed (from sources other than the public water supply). (b) Foundations may be watered up to two hours on the two watering days allowed in Stage 1, but only between the hours of midnight to 10:00 a.m. and between the hours of 6:00 p.m. to midnight, by handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (c) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (d) Vehicle washing is restricted to commercial car wash or commercial service station and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishabtes. All other vehicle washing is prohibited. (e) Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation syste m . (f) Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however they may not be refilled using automatic fill valves. Hotels, restaurants, and bars are required to serve drinking water to patrons on an "on requested" demand" basis. (g) Stock at commercial plant nursery may be watered only with a hand-held hose, hand-held watering can, or drip irrigation system. (h) Commercial water users are required to reduce water use by a set percentage determined by the Public Works Director. In addition to actions listed above: (a) Continue actions available under Stages 1 and 2. (b) Implement viable alternative water supply strategies. (c) Continue to issue media releases explaining emergency situation. (d) Reduce City water use to maximum extent possible. (e) Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. (f) Landscape watering at municipal parks, golf courses, and sports fields is prohibited. Section 8. Procedure for Curtailment of Water Supplies Any mandatory reduction to deliveries from TRWD to its customers shall be distributed as required by Texas Water Code §11.039. In addition, every wholesale water supply contract entered into or renewed after adoption of this plan, including contract extensions, shall include a provision that water will be distributed in accordance with the Texas Water Code §11.039 in case of a water shortage resulting from drought. To the extent not prevented by enforcement of provisions in the Water District's wholesale contracts in effect before November 28, 1999, TRWD will implement pro rata curtailment of water deliveries pursuant to Texas Water Code § 11.039. Section 9. Procedure for Granting Variances to the Plan (a) The city manager or his/her designee may grant variances from the provisions of this plan 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 health, safety or welfare of the person requesting it. (4) The health, safety, or welfare of 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) above 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 of other persons requires revocation. (c) Variances shall be granted or denied at the discretion of the city manager. All petitions for variances should be in writing and should include the following information: (1) Name and address of petitioner(s). (2) Purpose of water use. (3) Specific provisions from which relief is requested. (4) Detailed statement of the adverse effect of the provision from which relief is requested. (5) Description of the relief requested. (6) Period of time for which the variance is sought. (7) Alternative measures that will be taken to reduce water use. (8) Other pertinent information. Section 10. Enforcement Violations of restrictions will first result in a warning, and then subsequent violations will result in a citation with a fine as provided for in Section 1-6 of the Code of Ordinances. Section 11. Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2,000.00 for each offense, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues.