HomeMy WebLinkAboutOrdinance No. 1457-23 Florida Water Star ConservationINSTR# 2023075747 OR BK 1 0808 PG 3335 Page 1 of 8
05/01/2023 12:59 PM Rcpt: 2577901 Rec: 69.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE 1457-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS,
FLORIDA, CREATING A NEW SECTION TO CHAPTER 156 OF THE CITY OF
ZEPHYRHILLS CODE OF ORDINANCES, SECTION 156.30-156.36 ESTABLISHING
FLORIDA WATER STARsm CERTIFICATION REQUIREMENTS FOR NEW
CONSTRUCTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter
upon which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, the City of Zephyrhills has the desire to reduce the unnecessary use of potable
water within the City limits; and
WHEREAS, the purpose and intent of this ordinance is to implement uniform procedures
that promote water conservation through the mandatory installation of more efficient plumbing
fixtures and appliances and installation of more efficient landscapes and irrigation systems and
methods within the City of Zephyrhills; and
WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this
ordinance is in the best interest of the public health, safety, and welfare; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follow:
SECTION 1. This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under
the home rule powers of the City.
SECTION 2. Chapter 156 Construction Standards, City of Zephyrhills Code of Ordinances
is hereby amended to add the following Section:
Florida Water Stars" Certification Required
Section 156.30 Purpose and Intent
It is the intent and purpose of this Section to implement uniform procedures that promote
water conservation through the MANDATORY installation of more efficient plumbing
fixtures and appliances and installation of more efficient landscapes and irrigation systems
and methods.
Section 156.31Applicability.
MANDATORY Water Conservation for ALL NEW CONSTRUCTION WITHIN THE
CITY OF ZEPHYRHILLS FOR efficient Indoor Plumbing Requirements, Landscape
Design and Installation Standards, and Irrigation System Design and Installation Standards.
Verification of the installation of efficient indoor and outdoor Florida Water Star fixtures,
appliances, landscapes and irrigation systems is completed by a Florida Water Star
inspector. Official Florida Water Star Certificate of Compliance must be submitted to obtain
the Certificate of Occupancy.
Section 156.32De tnitions
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For the purposes of this Section, the following words, and terms shall have the meaning
given herein:
(1) Automatic irrigation system. An irrigation system designed to operate following
a preset program entered into an automatic controller.
(2) Automatic controller. A mechanical or electrical device capable of automated
operation of valve stations to set the time, duration and frequency of a water
application (Florida Department of Environmental Protection [DEP] Model
Ordinance).
(3) Certificate of Occupancy (CO). A document issued by the Building Official
allowing the occupancy or use of a building and certifying that the structure or
use has been constructed or will be used in compliance with all of the applicable
municipal codes and ordinances.
(4) Distribution equipment. The water emitters on irrigation systems, including but
not limited to sprinklers, rotors, spray heads and micro -irrigation devices.
(5) ENERGY SPAR®. A joint program of the U.S. Environmental Protection Agency
and the U.S. Department of Energy, with the purpose of reducing energy costs
and protecting the environment, through energy- and water -efficient products and
practices
(6) Florida Water Starsm Certificate of Compliance. A Florida water conservation
certification program that is mandatory for new residential and commercial
construction in the City of Zephyrhills which shall include indoor and outdoor
water- efficient criteria and prevent leaks.
(7) Florida Water Star Inspector. Person that verifies Florida Water Star program
criteria in accordance with program documents. Inspectors demonstrate
sufficient knowledge to verify appropriate subcategories (irrigation, landscape
and plumbing). Inspectors are permitted to use construction documents,
affidavits, and field verification during the verification period. See Florida Water
Star certification program process web page at Florida WaterStar.com (Florida
Water Star).
(8) Florida Water Star Irrigation and Landscape Accredited Professional (AP). A
landscape or irrigation professional who has successfully passed the Florida
Water Star AP exam and is in good standing with the program (Florida Water
Star).
(9) Head-to-head spacing. Spacing of sprinkler heads so that each sprinkler throws
water to the adjacent sprinkler (Irrigation Association [IA] Glossary).
(10) High-volume irrigation. An irrigation system with a minimum flow rate per
emitter of more than 30 gallons per hour (gph) or higher than 0.5 gallons per
minute (gpm). High-volume is usually measured as gpm (Florida Water Star).
(11) Irrigation professional. Any person installing or maintaining an irrigation system
in the City of Zephyrhills for payment from a customer.
(12) Irrigation design professional. An irrigation design professional shall include
state -licensed plumbers operating within the limits of the Florida Building Code,
professional engineers or landscape architects licensed by the State of Florida,
Florida Water Star Irrigation and Landscape Accredited Professionals and
irrigation designers certified by the Irrigation Association or the Florida Irrigation
Society.
(13) Irrigation system. A set of components that may include the water source, water
distribution network, control components, and other general irrigation equipment
which has been installed to provide irrigation (Florida Water Star).
(14) Landscaped area. The entire parcel less the building footprint, driveways,
hardscapes, decks and patios, and nonporous areas (DEP Model Ordinance).
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OR BK 1 0808 PG 3337 Page 3 of 8
(15) Licensed Irrigation Professional. An irrigation specialty contractor who obtains
the irrigation specialty license from The Florida Construction Industry Licensing
Board and maintains continuing education requirements.
(16) Low-volume irrigation. Any emitter or sprinkler that applies less than 30 gallons
per hour (gph) or 0.5 gallons per minute (gpm) (Florida Water Star).
(17) Matched precipitation. Expressed in inches per hour, precipitation rate is the rate
at which sprinklers apply water. Matched precipitation usually implies that all the
sprinklers in a particular zone apply similar amounts of water to a given area
(Florida Water Star).
(18) Micro -irrigation. The application of small quantities of water directly on or
below the soil surface or plant root zone, usually as discrete drops, tiny streams,
or miniature sprays through emitters placed along the water delivery pipes
(laterals). Micro -irrigation encompasses a number of methods or concepts,
including drip, subsurface, micro -bubbler, and micro -spray irrigation, previously
known as trickle irrigation, low volume or low -flow irrigation (Appendix F,
Florida Building Code).
(19) Rotor. Sprinkler that rotates and specifically, a gear -driven sprinkler. Often
delivers a thin stream of water in a circular pattern over a longer distance with a
precipitation rate from 0.1 inches per hour to 1.5 inches per hour (Florida Water
Star).
(20) Side -strip sprinkler. Sprinkler nozzle that sprays a long, but narrow pattern.
(21) Spray head. Sprinkler head with a fixed orifice that does not rotate (Florida Water
Star).
(22) Substantial modification. Any modification to an existing irrigation system such
that 50 percent or more of the irrigation system (by area) is replaced or altered.
(23) Temporary establishment irrigation. The temporary use of irrigation for the
establishment of new vegetation that shall be removed once the plants are
established or within two years, which occurs first.
(24) WaterSenseg. A program sponsored by the U.S. Environmental Protection
Agency to promote the use of water -efficient products and services (Florida
Water Star).
Section 156.33 Efficient Plumbing Requirements
(A) Contractors obtaining City of Zephyrhills Building Permits, for all new residential,
commercial and institutional construction, no more than 60 days after the effective
date of this Ordinance, shall incorporate WaterSense plumbing fixtures (faucets,
showerheads and toilets) and ENERGY STAR appliances (clothes washer and
dishwasher) into said construction. All new construction shall incorporate
WaterSense plumbing fixtures and ENERGY STAR appliances prior to issuance of
certificate of occupancy.
(B) In appliances where WaterSense plumbing fixtures and ENERGY STAR appliances
are not available, the fixture or appliance must meet the same flow rate as
WaterSense or ENERGY STAR specs, or a written request for an exception must be
submitted with the building permit application and approved by the City. For
exception to be approved, a best alternative water and/or energy conservative fixture
and/or appliance must be identified in the submittal.
Section 156.34 Irrigation System
(A) Design and Installation Standards
(A) Applicability. Irrigation system design and installation standards shall apply to the
following:
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(1) All new residential, commercial, and institutional construction where a new
landscape irrigation system is required.
(2) Where significant rehabilitation (50% or greater) of an existing landscape
irrigation system will be conducted.
(B) General.
(1) Nothing within this Section shall require the installation of an irrigation system.
Requirements for installing irrigation systems are specified in other Articles
within Chapter 23 of the Zoning, Land Use and Development Regulation and
Chapter 21 of the Utilities Code.
(2) All irrigation systems shall be designed by an irrigation professional consistent
with the irrigation systems standards and as set forth in this Section.
(3) All irrigation systems must be properly installed and maintained and must
operate technology such as rain and/or soil moisture sensors that inhibit or
interrupt operation of the irrigation systems during periods of sufficient
moisture.
(4) Compliance with this Section shall not exempt an individual from any other
local, state or federal requirements.
(C) System Design and Installation Standards. Irrigation system design and installation
shall be consistent with the irrigation system standards and the following
requirements:
(1) The maximum total irrigated area on residential lots, regardless of lot size, shall
not exceed 0.5 acres. This provision does not apply to temporary irrigation such
as portable hoses and sprinklers.
(2) High-volume irrigation area shall not exceed 60 percent of the landscaped area.
This standard is applicable on residential lots over 1/8 acre and commercial
lots over 1/8 acre. This standard applies to common areas and open space in
developments. This standard excludes vegetable gardens and fruit or nut trees
on individual lots or community gardens.
(3) Narrow areas, four feet wide or less, shall not be irrigated unless correctly
installed low-volume irrigation or correctly installed side -strip irrigation are
used.
(4) High-volume irrigation shall not be used for trees, shrubs, or groundcover beds.
Permanent micro -irrigation may be used in these areas. The City encourages
the use of temporary establishment irrigation.
(5) Irrigation zones shall be divided according to vegetated groupings (e.g.,
turfgrass, shrubs, native plants, trees) and the water requirements of the plants.
Turf grass and landscaped beds, such as trees, shrubs, and groundcover beds,
shall not be irrigated in the same zone as each other.
(6) Sprinkler head types, such as spray heads and rotors, shall not be mixed in the
same zone.
(7) Distribution equipment in each zone shall have matched precipitation rates.
(8) Rotors and spray sprinkler heads in turfgrass areas shall be spaced to provide
head-to-head coverage.
(9) A minimum separation of four inches shall be required between distribution
equipment and pavement.
(10) A minimum separation of 24 inches shall be required between distribution
equipment and buildings and other vertical structures, except fences.
(11) Technology that inhibits or interrupts operation of the irrigation system during
periods of sufficient moisture shall be required on all irrigation systems to
avoid irrigation during periods of sufficient rainfall. Examples of such devices
include soil moisture sensors, weather stations, and rainfall shut off devices.
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OR BK10808 PG 3339 Page 5 of 8
The technology shall override the irrigation cycle when adequate rainfall has
occurred. Technology that depends on rainfall for bypassing irrigation shall be
placed where it is exposed to unobstructed natural rainfall and in compliance
with section 373.62, Fla. Stat., as amended.
(12) Permanent irrigation systems shall be equipped with an automatic control
system to provide the following minimum capabilities:
a. Ability to be programmed in minutes, by day of week, season, and time
of day;
b. Ability to accommodate multiple start times and programs;
c. Automatic shut off after adequate rainfall;
d. Ability to maintain time during power outages; and
e. Operational flexibility to meet applicable year-round water
conservation requirements.
(13) Sprinklers in low-lying areas have check valves to prevent head drainage.
(14) Irrigation system equipment shall be installed in accordance
with manufacturer's specifications.
(15) No direct spray shall be allowed onto walkways, buildings, roadways, drives
and impervious surfaces.
(16) Pipelines shall be designed to provide the system with the appropriate pressure
required for maximum irrigation uniformity.
(17) All sprinkler heads with spray nozzles (non -rotary) shall be pressure- regulated
at the head or zone valve.
(18) All irrigation system underground piping shall have minimum soil cover of six
inches.
(19) Sprinklers shall rise above turfgrass height: a minimum of 6 -inch pop-up for
sprays and 4 -inch pop-up for rotors for St. Augustine, Zoysia and Bahia
grasses; a minimum of a 4 -inch pop-up for sprays and rotors for Centipede,
Bermuda and Seashore Paspalum grasses.
(B) Maintenance !2f IrElgation Systems
y
(A) An irrigation professional responsible for installing or substantially modifying an
irrigation system shall provide the property owner with a maintenance checklist
affixed to or near the controller and accompanied by a recommended maintenance
schedule, proper irrigation system settings according to season, recommendations for
checking technology that inhibits or interrupts operation of the system during periods
of sufficient moisture, filter cleaning recommendations, if applicable, and
information on the current water restrictions.
(B) A property owner shall ensure that irrigation systems on their property are inspected
at least annually for leaks, overspray, maladjusted heads, and heads that may be
capped due to changes in the landscape, such as maturity or changes in plants.
Technology that inhibits or interrupts operation of the system during periods of
sufficient moisture may need to be replaced every few years and shall be correctly
functioning to be in compliance with this article. Irrigation systems with known leaks
shall not be operated until the leaks are repaired, except for testing purposes.
(C) Within 60 calendar days after landscape installation, the property owner shall ensure
that the irrigation controller is adjusted to operate according to normal, established
landscape conditions or irrigation restrictions, if the irrigation system is installed as
part of newly established landscaping.
Section (C) Exemptions
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The following are exempted from the provisions of this article, but should follow the Florida
Department of Environmental Protection's applicable "Florida -Friendly Best Management
Practices for the Protection of Water Resources by the Green Industries":
(1) Bona fide agricultural activities;
(2) Vegetable gardens and fruit and nut trees;
(3) Athletic fields;
(4) Golf course play areas;
(5) Cemeteries;
(6) Nurseries; and
(7) Temporary establishment irrigation.
Section Q Alternative Compliance
(A) An applicant may submit a proposal that varies from the strict application of the
requirements of this Section (also known as "alternative compliance") in order to
accommodate unique site features or characteristics, utilize innovative design,
prevent extraordinary hardship, or to promote the overriding public interest or
general public welfare. Diminished value of property or inconvenience is not an
extraordinary hardship.
(B) An applicant seeking authorization for alternative compliance shall have the burden
of demonstrating to the City the reasons why the strict application of the requirements
of this Section should not apply.
(C) Requests for alternative compliance shall be submitted as part of the irrigation system
approval process.
(D) The City may approve an alternative compliance plan upon finding that the
alternative compliance plan fulfills the purpose and intent of this Section at least as
well as a plan that strictly adheres to the requirements of this Section.
(E) The City may require a site inspection and corresponding site inspection fee for
systems which are installed according to a department -approved alternative
compliance plan.
Section 56.35 Florida Water Star Certification E,ffect
Florida Water Star is a water conservation certification program for new and existing
homes and commercial developments that meet specific water -efficiency criteria for indoor
fixtures and appliances, landscape design and irrigation systems. Residential and
commercial properties obtaining the Florida Water Star Certification will exceed
conservation requirements imposed by this Section.
Upon receipt of certification from the Florida Water Star program that a residential or
commercial property has obtained the Florida Water Star Certification, the City will issue
the certificate of occupancy.
Section 156.3623-638 Enforcement
Violation of any provision of this article shall be subject to penalties as provided
for by this Code or by local law and compliance with this article may be enforced
by any remedy available to the City at law or equity.
SECTION 4. Chapter 150, Land Development Code, City of Zephyrhills Code of
Ordinances; Article VII, Subsection 7.06.04.03, Irrigation Design Standards is hereby amended to
include the following language:
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OR BK10808 PG 3341 Page 7 of 8
§ 7.06.04.03 Irrigation Design Standards
The following irrigation standards shall apply to all new development, including
residential (single-family, two-family and multi -family), commercial, institutional
and industrial development; and where significant rehabilitation (50% or greater)
of an existing landscape irrigation system will be conducted. In addition to the
standards of this subsection, the requirements of Section 156,30-156.36, Florida
Water Smart Certification Required, of the Code of Ordinances shall be applicable
to all residential, commercial and institutional development. Where in conflict, the
more restrictive shall apply.__jhe following irrigation standards shall apply to all
new development, including residential, commercial, institutional and industrial
development, and where significant rehabilitation (50% or greater) of an existing
landscape irrigation system will be conducted. In addition to these
SECTION 5. Repealer.
All ordinances and resolutions or parts thereof of the City in conflict with the provisions
herein contained are, to the extent of such conflict, hereby superseded and repealed.
SECTION 6. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid,
the remainder of this Ordinance shall be construed as not having contained said section, subsection,
sentence, clause, or provisions and shall not be affected by such holding.
SECTION 7. Inclusion in Code.
It is the intent of the City Council of the City of Zephyrhills, Florida, that the provisions of
this Ordinance shall become and be made a part of the City of Zephyrhills Code of Ordinances,
and that the sections of this Ordinance may be renumbered or re -lettered and the word "ordinance"
may be changed to "section," "article," "regulation," or such other appropriate word or phrase in
order to accomplish such intentions.
SECTION 8. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the May(Q.q 2 E pp,
Th6"Ordinance 1457-2vas read and passed on the first reading in an open and regular meeting of
the City -Council of the: City of Zephyrhills, Florida, on this I Ota, day of April 2023.
Attest:
I- elkeson. Council %n�
,Lon L. Hiltmi�,;` City Cle�k o 1 ilkeson, Coun�cil Pr�esint
4,j Ty,
The foregpi'90p
hcaring;` p, ance 1457-23 was read and passed on the second reading, following a public
I' I W
ops. gular meeting of the City Council of the City of Zephyrhills, Florida, on
this 24tu'f`day of April, 20 .".,
Attest:
41�,ori., ��i"Hifloran, City Clerk Lance A mith' , Conc I President
esident
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OR BK 1 0808 PG 3342 Page 8 of 8
The foregoing Ordinance 1457-23 was approved by me this 24th day of April, 2023.
Ail.�
"►'►05=11 =----Mff3uV* KIS 14, ki I
Approved as to legal form and legal content
Z�
Matthew E. Maggard, i y Attorney
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