4208 Landscape Irrigation rulesOrdinance No. 2010 -4208
An Ordinance of the City of Sanford, Florida providing for local
implementation of the water conservation rule for landscape
irrigation of the St. Johns River Water Management District; providing
definitions; providing landscape irrigation schedules; providing
exceptions to the landscape irrigation schedules; providing for
legislative findings and intent; providing for variances from the
specific day or days of the week limitations; providing for
implementing administrative actions; providing for a savings
provision; providing for enforcement; providing for penalties;
providing for conflicts; providing for severability; providing for
codification and providing for an effective date.
Whereas, Rule 40C- 2.042(2)(a), Florida Administrative Code, of the St. Johns
River Water Management District grants a general permit to each person located within
the District to use, withdraw or divert water for small landscape irrigation uses, provided
that irrigation occurs in accordance with the Rule which is adopted by reference in this
Ordinance; and
Whereas, the St. Johns River Water Management District has responsibility
and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water; and
Whereas, the St. Johns River Water Management District has amended Rule
40C- 2.042, Florida Administrative Code, its General Consumptive Use Permit by Rule,
that regulates small irrigation uses below consumptive use permit thresholds in Rule
40C- 2.041(1), Florida Administrative Code; and
Whereas, Rule 40C- 2.042(2), Florida Administrative Code, applies to
landscape irrigation regardless of whether the water comes from ground or surface
water, from a private well or pump, or from a public or private utility; and
Whereas, Rule 40C- 2.042(2)(b), Florida Administrative Code, strongly
encourages a local government to adopt an ordinance to enforce Rule 40C- 2.042(2)(a),
Florida Administrative Code, within its jurisdiction by adopting a landscape irrigation
ordinance that incorporates each of the provisions set forth in Rule 40C- 2.042(2)(a),
Florida Administrative Code; and
Whereas, the City Commission of the City of Sanford desires to ensure that
the water conservation rule of the St. Johns River Water Management District, Rule
40C- 2.042(a), Florida Administrative Code, is enforced within the City of Sanford by
incorporation of the District's rule into the Code of Ordinances of the City of Sanford,
Florida and it is the desire of the City Commission to adopt such an ordinance in
accordance with Rule 40C- 2.042(2)(a) and (b), Florida Administrative Code; and
Whereas, the City Commission of the City of Sanford hereby finds and
declares that the adoption of this ordinance is appropriate, and in the public interest of
the citizens of this community.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings And Intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). Although not a land development regulation, this Ordinance is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford,
the Land Development Code of the City of Sanford, and other controlling law.
(c). The foregoing recitals (whereas clauses) are adopted as additional
legislative findings.
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Section 2. Incorporation Of Rule 40C- 2.042(2)(a), Florida Administrative
Code. A new section of the Code of Ordinances of the City of Sanford is created to read
as follows:
Rule 40C- 2.042(2)(a), Florida Administrative Code, as adopted by the St. Johns
River Water Management District, is hereby adopted and incorporated into the Code of
Ordinances of the City of Sanford, Florida, the provisions of which shall be enforced by
the City in accordance with Section 4 of this Ordinance. The provisions of this
Ordinance shall apply to each person located within the City of Sanford.
Section 3. Variances From Specific Day Or Days Of The Week
Limitations. A new section of the Code of Ordinances of the City of Sanford is created
to read as follows:
(a). A variance from the specific landscape irrigation day or days set forth in
Rule 40C- 2.042(2)(a), Florida Administrative Code, may be granted if strict application
of the scheduled day or days would lead to unreasonable or unfair results in particular
instances, provided that the applicant demonstrates with particularity that compliance
with the prescribed schedule for landscape irrigation will result in a substantial
economic, health or other hardship on the applicant requesting the variance or those
served by the applicant. Where a contiguous property is divided into different zones, a
variance may be granted hereunder so that each zone may be irrigated on different a
different day or days than other zones of the property. However, no single zone may be
irrigated more than two (2) days per week during Daylight Saving Time or more than
one (1) day a week during Eastern Standard Time.
(b). All petitioners requesting a variance as set forth above shall file with the
City Manager, or designee, a petition for variance, but must conform to the greatest
possible extent to the provisions of this article until such variance is granted.
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(c). A petition for variance shall be in writing and contain, at a minimum, the
following:
(1). The petitioner's name and address.
(2). A detailed statement of the facts which the petitioner believes
demonstrates that the request qualifies for variance.
(3). A description of the variance desired.
(4). The period of time for which the variance is sought, including the reasons
and facts in support thereof.
(5). Other relevant information the petitioner believes supports his /her petition
for variance.
(6). Variances granted, and applications denied, under the provisions of this
Section shall be issued in writing.
(7). If an application is denied by the designee of the City Manager, an appeal
may be filed with the City Manager within ten (10) days of the date of the decision and,
if denied by the City Manager, appeals may be filed with the City Commission by
submission of the appeal within ten (10) days with the City Clerk.
Section 4. Enforcement And Penalties. A new section of the Code of
Ordinances of the City of Sanford is created to read as follows:
(a). It is prohibited and unlawful for any person to fail to comply with the
requirements of this Ordinance.
(b). The City may enforce the provisions of this Ordinance by any means
available to the City under the Code of Ordinances of the City of Sanford or as may be
available under the controlling provisions of State law.
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(c). The penalties for violation of this Ordinance shall be as set forth in the code
enforcement method asserted by the City under the Code of Ordinances of the City of
Sanford or as may be available under the controlling provisions of State law; provided,
however, that incarceration shall not be an applicable punishment relative to the
violation of this Ordinance.
(d). With regard to customers within its utility systems, the City may assess
service fees and service charges as a method of collecting such fees and service
charges resulting from a utility customer failing to comply with the provisions of this
Ordinance or any implementing administrative actions.
(e). Warning notices may be provided to violators by either hanger, facsimile
transmittal, any form of mail, hand delivery, or any other manner authorized by
controlling law.
Section 5. Implementing administrative actions.
The City Manager is hereby authorized and directed to implement the provisions
of this Ordinance by means of such administrative actions as may be deemed
appropriate and necessary to include, but not be limited to, the adoption of
administrative rules.
Section 6. Savings.
The prior actions of the City of Sanford relating to water conservation are hereby
ratified and affirmed.
Section 7. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. Also, the provisions of Resolution Number 1841 and Resolution Number 1866
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are hereby repealed.
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 9. Codification.
The provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Sanford, Florida and the Sections of this Ordinance may be
renumbered or relettered to accomplish such intention and the word "Ordinance ", or
similar words, may be changed to "Section," "Article ", or other appropriate word;
provided, however, that Sections 6, 7, 8, 9, and 10 shall not be codified.
Section 10. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 26 day of April, 2010.
Effective this 26 day of April, 2010.
City Commission of the City of
Sanford, Florida
Attest:
Janet Dougherty, dity Clek Linda Ku n, Mayor
as to form and Ipggl sufficiency.
i L. Colbert; CttY t!6fney
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