Fort Lauderdale |
Code of Ordinances |
Chapter 28. WATER, WASTEWATER AND STORMWATER |
Article I. IN GENERAL |
§ 28-1B. Water conservation.
(a)
Definitions. As used in this section, the following words in italic shall have the meaning herein given.
City water means all water that passes through the city's water distribution system. This term does not include city water that is sold by the city to other governmental entities.
Florida-Friendly Landscape means planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscape include planning and design, soil analysis, the use of solid waste compost, practical use of turf, and proper maintenance.
Impervious surface means any artificially created surface which cannot be penetrated by water or which causes water to run off the surface, including streets, driveways, sidewalks and rooftops.
Irrigation means the direct application of water by means other than precipitation.
Irrigation system means a device or combination of devices having a hose, pipe, or other conduit installed in the landscape which transmits city water, through which device or combination of devices city water or a mixture of city water and chemicals is drawn and applied to residential or commercial lawns, landscapes or greenspace.
Landscape means living plant material, shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, or ornamental gardens purposely installed for functional or aesthetic reasons at ground level and open to the sky.
Landscape area means an area where landscaping has been or shall be installed.
Person means any individual, partnership, firm, corporation, limited liability company, or other legal entity in whose name water is provided and billed by the city.
Rain sensor means an automatic device that will override the irrigation cycle of an irrigation system, thus turning it off, when a predetermined amount of rain has fallen. To meet the requirements of this section, a rain sensor shall be adjusted to shut off irrigation systems when greater than one-fourth (¼) inch of rain has fallen.
Repeated or flagrant wasting of water means and includes those situations where persons who have received informal notice that they are wasting water or misusing water while watering continue to water in the same manner. It does not mean those persons who waste water or misuse water while watering on solitary or isolated occasions.
Waste water or misuse water while watering means either of the following:
(1)
Watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and enters gutters, storm drains, ditches and other conveyances (watering impervious surfaces); or
(2)
Watering to the extent that water is allowed to accumulate on the surface of the ground and leaves the property and enters gutters, storm drains, ditches and other conveyances (excess watering).
Watering or to water means the act of applying water to the outdoor landscape through means such as moveable sprinklers, installed watering systems and hoses, and similar devices.
Water shortage means sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
(b)
Water misuse. Water shall be used only for beneficial purposes and shall not be wasted. Prohibited water misuse includes, but is not limited to:
(1)
Watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and enters gutters, storm drains, ditches and other conveyances (watering impervious surfaces).
(2)
Watering to the extent that water is allowed to accumulate on the surface of the ground and leaves the property and enters gutters, storm drains, ditches and other conveyances (excess watering).
(3)
Applying more water than is reasonably necessary to establish and maintain a healthy landscape. Routine watering of landscaping shall be limited to three (3) days per week, except for watering more frequently for up to sixty (60) days to establish new landscaping.
(4)
Watering with spray irrigation between the hours of 9:00 a.m. and 4:00 p.m. except for the following uses:
a.
Watering new plant material such as flowers, trees and shrubs on the day of planting.
b.
Watering to preserve recreational area subject to heavy public use.
c.
Operating an irrigation system for installation, repair or reasonable maintenance, so long as the system is attended throughout the period of operation.
(5)
Watering landscaped areas during rain or high wind.
(6)
Applying water intended for irrigation to an impervious surface, such as a street, parking lot, alley, sidewalk or driveway.
(7)
Using water instead of a broom or mop to clean outdoor impervious surfaces such as sidewalks, driveways and patios, except when cleaning with water is necessary for public health or safety reasons or when other cleaning methods are impractical.
(8)
Allowing water to pool or flow across the ground or into any drainage way, such as gutters, streets, alleys or storm drains.
(9)
Washing vehicles with a hose that lacks an automatic shut-off valve.
(c)
Water for irrigation uses. Irrigation systems permitted on or after August 1, 2009, shall, in addition to meeting the requirements of section 47-21.7, Irrigation, of the Unified Land Development Regulations, comply with the provisions of this section.
(1)
Irrigation systems shall be designed, operated and maintained to:
a.
Conserve water while meeting the needs of the plants in the landscape, by not mixing plants that have low water requirements with plants that have high water requirements; by grouping plants with similar water needs in the same areas; and by irrigating using different operational schedules.
b.
Consider soil, slope and other site characteristics in order to minimize water waste, including overspray or overflow onto impervious surfaces and other non-vegetated areas, and off-site runoff.
c.
Minimize free flow condition in case of damage or other mechanical failure.
d.
Use low trajectory spray heads, and/or low volume water distributing or application devices.
e.
Maximize uniformity, considering factors such as:
1.
Emitter types.
2.
Head spacing.
3.
Sprinkler pattern.
4.
Water pressure at the emitter.
f.
Use the lowest quality water feasible (gray water shall be used where approved systems are available).
g.
Use rain switches or other devices, such as soil moisture sensors with automatic controls.
h.
Operate only during hours and on days permitted under the Code.
i.
Use, where feasible, drip irrigation or micro-sprinklers.
(2)
Rain sensors shall be required on all automatic irrigation systems. All rain sensors shall be adjusted and set so that they automatically shut off the irrigation system after greater than one-fourth (¼) inch of rainfall has occurred. All rain sensors shall be installed according to manufacturer's instructions in a location that will provide full exposure to rainfall such that accuracy of operation is assured and shall be maintained in good working condition. No person shall, with the intent of circumventing the purpose of this section, adjust either the rain sensor or irrigation system so that the rain sensor is not able to override and turn off the irrigation system after greater than one-fourth (¼) inch of rain has fallen.
(3)
Florida-Friendly landscape. It is the city's policy to encourage Florida-Friendly Landscapes throughout its service area. Prohibitions on the use of Florida-Friendly Landscapes are contrary to public policy.
(4)
Irrigation of more than one acre. In order to extend the yield of the city's water supply and to encourage the efficient use of water, the irrigation of landscape of more than one (1) acre may be subject to special review by the director of the public works department or his/her designee. Open space of more than one (1) acre may include contiguous parcels or, in the discretion of the city, several non-contiguous parcels located in close proximity to one another.
(5)
Irrigation of narrow strips of land. Spray irrigation of narrow strips of land almost inevitably results in water waste. Therefore, the following irrigation system and design requirements apply to irrigation of any strip of land less than twenty-five (25) feet in width, including medians, parkways, traffic islands, parking lot islands and perimeters, rights-of-way along streets and other public or private areas along roadways unless specifically authorized by the director of the public works department or his/her designee:
a.
For strips of land less than six (6) feet in width: Spray irrigation shall be prohibited. Low-flow irrigation systems are required.
b.
For strips of land between six (6) feet and fifteen (15) feet in width: Only low-flow irrigation, or spray irrigation using low-angle spray nozzles designed for the specific width to be irrigated shall be permitted. All spray heads must be pressure reducing and designed to prevent low head drainage.
c.
For strips of land greater than fifteen (15) feet and up to twenty-five (25) feet in width: Only gear-driven rotors with low angle nozzles may be used to irrigate areas. Planting beds may be irrigated with low-flow or spray irrigation. All spray heads must be pressure reducing and designed to prevent low head drainage.
(d)
Landscape irrigation restrictions.
(1)
Landscape irrigation shall be permitted between the hours of 3:00 a.m. and 9:00 a.m. and 4:00 p.m. and 9:00 p.m. except as otherwise provided herein.
(2)
Addresses ending in even numbers (0, 2, 4, 6, 8) are allowed to irrigate on Tuesday, Thursday, and Sunday.
(3)
Addresses ending in odd numbers (1, 3, 5, 7, 9) are allowed to irrigate on Monday, Wednesday, Saturday.
(4)
Areas with irrigation installation systems that irrigate both even and odd addresses within the same zones, including multi-family units and homeowner's associations, and rights-of-way or other locations with no address are allowed to irrigate on Tuesday, Thursday, and Sunday.
(5)
New landscape irrigation shall be prohibited between the hours of 9:00 a.m. and 4:00 p.m., except as otherwise provided herein.
a.
On the day the new landscaping is installed, the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is also allowable without regard to the normal allowable watering days and times.
b.
The sixty-day period permitted to establish new landscaping begins the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice.
c.
New landscaping which has been in place for thirty (30) days or less may be irrigated a maximum of six (6) days per week. Irrigation is permitted on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
d.
New landscaping which has been in place for thirty-one (31) to sixty (60) days may be irrigated a maximum of four (4) days per week. Irrigation is permitted on Monday, Wednesday, Thursday, and/or Saturday.
e.
Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this section if the zone in question is for an area that contains at least fifty (50) percent new landscaping. If a zone contains less than fifty (50) percent new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this section. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping.
(e)
Water for industrial, commercial and public use. The city encourages all industrial, commercial and public use licensees to implement Best Management Practices (BMP) for efficient use of water.
(f)
Water for heating or process water.
(1)
A water conservation device conforming to such specifications as may be required by the city, shall be installed on heating, processing or other industrial or commercial uses of water whenever the city determines in its discretion that recycling of the water without treatment is practical.
(2)
For purposes of this section, a water conservation device is any equipment, process or procedure whereby all water used for heating or processing is either consumed in the intended use, or is recycled for the same purpose until it is unusable.
(g)
Water used for cooling including condensate. All new construction and replacements of cooling equipment whose function is evaporative or refrigerated cooling uses and air conditioning facilities that deliver water or condensate to a drain or other discharge facility are prohibited. This includes any equipment, process or procedure which relies upon the temperature of the water supply for cooling purposes.
(h)
Commercial power washing. Commercial enterprises for which cleaning with water is an essential element of their business shall use only high efficiency equipment that uses 1.6 gallons per minute or less and is certified by the manufacturer.
(i)
Water for decorative features. Decorative water features or similar water operating devices using potable or recycled water shall recirculate water within the device. Each device connected to the water system must have an approved back-flow prevention assembly as required by engineering standards.
(j)
Lakes and ponds. Potable water shall not be used to fill or maintain water levels in lakes and ponds.
( Ord. No. C-09-13, § 1, 6-16-09 )