2010-11-C CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING CHAPTER 66, /�
UTILITIES, ARTICLE VII, WATER EFFICIENT IRRIGATION AND
LANDSCAPE, AMENDING DEFINITIONS; 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 SCHEDULE; PROVIDING EXCEPTIONS
TO THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING
VARIANCES FROM THE SPECIFIC DAY OF THE WEEK
LIMITATIONS; PROVIDING FOR THE APPLICABILITY OF THE
ORDINANCE; PROVIDING PENALTIES FOR VIOLATION OF THE
ORDINANCE; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICT AND AN EFFECTIVE DATE.
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;
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;
• WHEREAS, Rule 40C- 2.042(2)(a), Florida Administrative Code, grants a general permit
to each person located within the District to use, withdraw or divert water for small landscape
irrigation uses, provided the irrigation occurs in accordance with, and subject to the exceptions,
set forth herein;
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.
• 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 Council of the City of Clermont 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 ORDAINED by the City Council of the City of Clermont,
Florida as follows:
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
SECTION 1.
Chapter 66, Utilities, Article VII, Water Efficient Irrigation and Landscape, is hereby amended
to read as follows:
DIVISION 1. ADMINISTRATION
Sec. 66 -201 Purpose and Intent
The purpose of this Ordinance is to implement procedures that promote water conservation
through more efficient landscape irrigation and to ensure efficient water use by establishing
minimum standards for landscape and irrigation design, recognizing climate, soils, water
resources, land use, and resource planning of the watersheds within the City of Clermont.
Implementation will aid in improving environmental quality and water use efficiency in the City
of Clermont. Creative site development concepts shall be used in order to promote water
conservation. Water requirements may be reduced by providing for:
(1) The preservation of existing plant communities;
(2) The use of site appropriate plant materials;
(3) The use of pervious paving materials;
(4) The use of water efficient landscape irrigation; and
(5) Other environmentally sensitive site development concepts,
(6) Utilization of applicable best management practices.
Sec. 66 -202 Scope
This article shall be applied and enforced within all incorporated areas of the City of Clermont
and within the City's potable water service area.
Sec. 66-203 Definitions
For the purpose of this Article the following terms, phrases, words and their derivatives shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural:
(1) "Address" shall mean the house number of the physical location of a specific
property. This includes rural route numbers but excludes post office box
numbers. If a lot number in a mobile home park or similar community is used by
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the United States Postal Service to determine a delivery location, the lot number
shall be the property's address.
(2) "Annual Beds" shall mean any landscape where the majority of plants are
replaced yearly or more frequently.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(3) "Automatic Irrigation Controller" shall mean a timer, capable of operating
solenoid valves, to set days and lengths of time for proper application of water, in
each irrigation zone.
(4). "Best Management Practices (BMP's)" shall mean irrigation system, lawn, and
landscape practices designed to reduce negative impacts on the environment and
promote water conservation.
(5) "District" shall mean the St. Johns River Water Management District.
(6) "Drought Tolerant Plants" shall mean plants, once established, that survive on
natural rainfall with occasional irrigation during dry periods.
(7) "Emitter" shall mean a device that applies irrigation water. This term is primarily
used to refer to the low flow rate devices used in micro - irrigation systems.
(8) "Even Numbered Address" shall mean an address ending in the numbers 0, 2, 4,
6, 8 or the letters A through M.
(9) "Florida Friendly Landscape ", as provided for in Chapter 373.185 Florida
Statutes, shall mean quality landscapes that conserve water and protect the
environment and are adaptable to local conditions and which are drought tolerant.
The principles of Florida Friendly Landscape include planning and design,
appropriate choice of plants, soil analysis which may include the use of solid
waste compost, efficient irrigation, practical use of turf, appropriate . use of
mulches, and proper maintenance.
(10) "Green Space" shall mean the entire parcel less the building footprint, driveways,
vehicular use areas, hardscapes such as decks, swimming pools, decorative
fountains, patios, and other non - porous areas. Stormwater management systems,
and wetland conservation areas, lakes, rivers and creeks are excluded in the
calculation of green space area.
(11) "Irrigation System" shall mean a pennanent watering system designed to transport
and distribute water to plants as a supplement to natural rainfall.
(12) "Irrigation Zone" shall mean a control valve circuit containing emitters and /or
sprinklers with consistent application rates.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(13) "Landscape Irrigation" shall mean the outside watering of plants in a landscape
such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and
other such flora that are situated in such diverse locations as residential areas,
public, commercial, and industrial establishments, and public medians and rights-
ofway. "Landscape irrigation" does not include agricultural crops, nursery
plants, cemeteries, golf course greens, tees, fairways, primary roughs, and
vegetation associated with recreation areas such as, but not limited to, football,
baseball and soccer fields.
(14) "Landscape Plant Zone" shall mean a grouping of plants with similar water and
cultural needs, such s sunlight and soil. Plant groupings based on water use are
as follows: natural plants, drought tolerant plants, and oasis plants.
(15) "Micro- Irrigation" shall mean the frequent 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; previously known as trickle irrigation, subsurface, bubbler and
micro -spray irrigation.
(16) "Mulch" shall mean any material applied to the soil surface to retain soil
moisture, control erosion, inhibit weeds, and /or regulate soil temperatures.
(17) "Natural Plants" shall mean plants, once established, that survive on rainfall
without irrigation.
(18) "Non- residential Landscape Irrigation" shall mean the irrigation of landscape not
included within the definition of Residential Landscape Irrigation ", such as that
associated with public, commercial and industrial property, including commercial
or transient housing units, hotel and motel units, and public medians and rights-
of -way.
(19) "Oasis Plants" shall mean plants, once established, requiring frequent irrigation.
(20) "Odd Numbered Address" shall mean an address ending in the numbers 1, 3, 5, 7,
9 or the letters N -Z.
(21) "Overspray" shall mean water that is delivered beyond the landscape area wetting
pavements, walks, structures, or other non - landscaped areas.
- (22) "Person" shall mean any person, firm, partnership, association, corporation,
company, or organization of any kind.
(23) ' "Rain Sensor Device" shall mean a calibrated device that is designed to measure
rainfall and override the irrigation cycle of the irrigation system when a pre -
determined amount of rainfall has occurred.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(24) "Reclaimed Water" shall mean a reclaimed water system, including systems in
which the primary source is reclaimed water; which may or may not be
supplemented from another source during peak demand periods.
(25) "Residential Landscape Irrigation" shall mean the irrigation of landscape
associated with any housing unit having sanitary and kitchen facilities designed to
accommodate one or more residents, including multiple housing units and mobile
homes.
(26) "Running Annual Water Budget" shall mean a water budget based on twelve (12)
consecutive months of irrigation water consumption.
(27) "Runoff' shall mean water not absorbed by the soil that flows from the area.
(28) "Site Appropriate Plants" shall mean landscape plant species that are suited to the
site growing conditions.
(29) "Turf and /or Turf Grass" shall mean continuous plant coverage consisting of
grass species appropriately suited to the site where it is planted.
(30) "Water Features" shall mean features of a site that holds water temporarily or
permanently. These may include both natural features such as lakes, wetlands,
rivers, and creeks; or artificial features such as retention and detention ponds,
fountains, ditches and canals.
(31) "Wind Sensor" shall mean a devise used to measure the wind speed or velocity
and override the irrigation cycle of the irrigation system when a pre - determined
wind speed has occurred.
Sec. 66 -204 Application of landscape and irrigation system design provisions
(a) Compliance with the landscape and irrigation system design provision of this
Article is required of all office, commercial, industrial, institutional, multi-
family, and single - family sites receiving potable water service from the City of
Clermont and /or located within the City limits of Clermont in the following
categories:
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(1) New construction.
(2) Newly irrigated landscaped and turf areas.
(3) Renovations of existing landscapes.
(b) Alternate methods of compliance may be considered as long as they meet the
intent and purpose of this Ordinance and the intent of the District.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
Sec. 66 -205 Application of landscape irrigation provisions
The provisions of this•Article that pertain to landscape irrigation shall apply to each person
located within the City.
Sec. 66 -206 Exception to landscape irrigation provisions
(1) Irrigation using micro- spray, micro -jet, drip or bubbler irrigation is allowed
anytime.
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(2) Irrigation of new landscape is allowed daily for the initial 30 days following
installation and every other day for the next 30 days for a total of one 60 -day
period, provided that the irrigation is limited to the minimum amount necessary
for such landscape establishment.
(3) - Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides,
and herbicides when required by law, the manufacturer, or Best Management
Practices, is allowed at any time of day on any day within 24 hours of application.
Lawn maintenance /pest control companies must install an advisory marker,
visible in the front yard, showing the date of the application. Watering in of
chemicals shall not exceed % inch of water per application except as
otherwise required by law, the manufacturer, or best management practices.
(4) Irrigation systems may be operated anytime for maintenance and repair purposes
not to exceed 20 minutes per hour per zone.
(5) Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is
allowed any time of day on any day.
(6) Discharge of water from a water -to -air air - conditioning unit or other water-
dependent cooling system is not limited.
(7) The use of recycled water from wet detention treatment ponds for irrigation is
allowed anytime provided the ponds are not augmented from any ground or off-
site surface water, or public supply sources.
Sec. 66 -207 Enforcement
Enforcement of this Article may be by authorized law enforcement personnel, City Code
Enforcement personnel, Water Conservation Coordinator or any other City official delegated that •
responsibility by the City Manager.
Secs. 66 -208 — 66 -215. Reserved
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
DIVISION 2. IRRIGATION
Sec. 66 -216. Irrigation standards
The most current version of the Florida Irrigation Society (FIS) Standards (see Florida Statutes '
373.228 as amended or succeeded) shall be used for all irrigation design and installation
procedures, except where the requirements of this division supersede the Florida Irrigation
Society Standards.
Sec. 66 -217 Irrigation plan submittal
A detailed irrigation plan shall be submitted by an irrigation contractor certified by The City
and /or Lake County, illustrating zones, pipe sizes, emitter types, nozzle size and precipitation
rate and total precipitation rate for each zone, irrigation water source connection point, backflow
prevention device, type and locations of automatic shut -off devices, controller specifications, and
any other pertinent information shall be submitted to the Water Conservation Coordinator for
review and approval prior to installation of an irrigation system.
Sec. 66 -218 Irrigation system design
(1) A site plan, at a readable and defined scale, shall be submitted illustrating the
proposed irrigation zones. Turf areas shall be on separate irrigation zones from
other landscape plant zones. The irrigation system shall be designed to
• accommodate separate landscape plant zones based on differing water
requirements.
(2) Spacing for rotors and sprays shall not exceed 50 percent of the sprinklers'
diameter of coverage, per manufacturer's specifications to accomplish head -to-
head coverage.
(3) Sprays and rotors shall have matching application rates within each irrigation
zone. Sprays and rotors may not be mixed within a single zone. Tree bubblers
must be on a separate zone or on the zone with shrubs. Tree bubblers must be of
a type that can be adjusted to be on or shut off.
(4) All irrigation systems shall be designed to avoid overspray, runoff, low head
drainage, or other similar conditions where water flows onto or over adjacent
property, non - irrigated areas, walkways, roadways, structures, or water features.
Narrow areas four feet wide or less shall not be irrigated unless such irrigation can
be contained within that narrow area. Emitters may not transverse sidewalks or
driveways in order to cover a larger area.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(5) Irrigation control equipment shall include an automatic irrigation controller
having program flexibility such as repeat cycles and multiple program
capabilities. Automatic irrigation 'controller(s) shall have a replaceable battery
back -up to retain the irrigation program(s). The irrigation control equipment shall
be reset to accommodate irrigation needs based on the season. Automatic control
systems shall be equipped with n operable and properly placed and calibrated
automatic shut -off or rain sensor device which will disable the system after a
maximum of 1/2 inch of rainfall. Vents on such sensor must be closed. Such
sensors may not be disabled at any time.
(6) All properties that receive water from the City for the purpose of landscape
irrigation must have a separate landscape irrigation meter. The City shall
establish a Running Annual Water Budget (RAWB) for each landscape irrigation
customer based on property size, pervious area, and an annual landscape irrigation
application rate of 35 inches. Where individual residential lot sizes have not been
determined, an initial Running Annual Water Budget shall be based on an
assumed property size of 11,000 square feet (1/4 acre) with 50 percent pervious
area.
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(7) For a property for which a Running Annual Water Budget has been determined
using an assumed property size and pervious area where a property exceeds the
assumed specified property size of 11,000 square feet, a water customer may
request that a new Running Annual Water Budget be established by submitting a
signed and sealed property survey to the City's Planning & Zoning Department
showing the total square footage of the property and the percent of pervious
surface.
(8) Exceeding the Running Annual Water Budget is subject to the fine schedule
identified in Section 2.6.
Sec. 66 -219 Irrigation system inspection and maintenance
(1) The builder or irrigation contractor shall request an inspection at a minimum of 48
hours in advance.
(2) The system shall be inspected for conformance of the Code by the Water
Conservation Coordinator, or other authorized City personnel.
(3) The builder or irrigation contractor shall provide as -built drawings of the
irrigation system to the property owner and to the City inspector.
(4) The builder or irrigation contractor shall provide the property owner with an
irrigation maintenance checklist, seasonal watering guidelines and a copy of the
water budget provided by the City of Clermont.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(5) The irrigation system shall be maintained and managed to ensure water efficiency
and prevent wasteful practices. This shall include, but not be limited to, resetting
the automatic controller according to the season, flushing the filters, testing the
rain sensor or other shut -off device, monitoring, adjusting, and repairing irrigation
• equipment such that the efficiency of the system is maintained.
Sec. 66 -20 Landscape irrigation schedule
(1) All landscape irrigation shall be limited in amount to only that which is necessary •
to meet landscape needs and no more than % inch of water may be applied per
irrigation zone on each day that irrigation occurs. Irrigation shall be prohibited
between the hours of 10am and 4pm. Irrigation shall be limited to two (2) days
per week during Daylight Savings Time and one (1) day per week during Eastern
Standard Time, but at no time may any one zone run for more than one (1) hour
per zone per watering day.
(2) The watering schedule is as follows:
(a). Daylight Savings Time (2 " Sunday in March to the 1 Sunday in
November)
(i) Odd Addresses ending in 1, 3, 5, 7 and 9 or no address may water
on Wednesday and Saturday.
(ii) Even addresses ending in 0, 2, 4, 6 and 8 may water on Thursday
• and Sunday.
(iii) Non - residential irrigation may water on Tuesday and Friday.
(b). Eastern Standard Time (1 Sunday in November to the 2 Sunday in
March)
(i) Odd addresses ending in 1, 3, 5, 7, and 9 or no address may water
on Saturday.
(ii) Even addresses ending in 0, 2, 4, 6 and 8 may water on Sunday.
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(iii) Non - residential irrigation may water on Tuesday.
(3). The City may adjust schedules for reclaimed customers to accommodate the
City's reclaimed water system demands. These schedules may be changed in
the future should the supply of reclaimed water either exceed or not meet demand.
The City will notify such customers, in writing, should such changes be
necessary.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(4) A variance from the specific landscape irrigation days or day set forth in Section
2.5 (1) and (2) may be granted if strict application of the scheduled days or day
would lead to unreasonable or unfair results in particular instances, provided that
the applicant demonstrates with particularity that compliance with the scheduled
days or day will result in a substantial economic, health or other hardship on the
applicant requesting the variance or those served by the applicant. Where a
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contiguous property is divided into different zones, a variance may be granted
hereunder so that each zone may be irrigated on different days or day than other
zones of the property. However, in no event shall the variance allow a single
zone to be irrigated more than two days per week during Daylight Savings Time
or more that one day per week during Eastern Standard Time.
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Sec. 66 -221 Fine Schedule
The fine schedule for violation of the watering restrictions shall be adopted by resolution of the
City Council. Each day in violation of this Ordinance shall constitute a separate offense.
Sec. 66-222-235. Reserved
DIVISION 3. LANDSCAPING
Sec. 66 -236 Landscaping standards
Landscaping shall meet all applicable landscape requirements adopted by the City of Clermont,
including those outlined in this ordinance. All landscaping must comply with the Florida
Friendly landscaping specifications as provided for in Florida Statutes 373.185, which are
quality landscapes that conserve water and protect the environment and are adaptable to local
conditions and which are drought tolerant. The principles of Florida Friendly Landscape
includes planning and design, appropriate choice of plants, soil analysis which may include the
use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches,
and proper maintenance.
Sec. 66 -237 Landscape plan submittal
A site plan at a readable scale of the proposed landscape shall be submitted to the Water
Conservation Coordinator for review and approval prior to installation. The plan shall
incorporate the concept of a Florida Friendly Landscape and shall identify existing vegetation to
be preserved, proposed turf, and other landscape areas. The plan shall identify the type of percent
coverage of turf grass.
Sec. 66 -238 Landscape design standards
(1) Installed trees and plants shall be grouped together into landscape plant zones
according to water and cultural (soil, climate, and light) requirements.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
(2) Plant groupings based on water requirements are as follows: natural, drought
tolerant and oasis.
• (3) Wind breaks shall be utilized to reduce wind velocity and water loss that occurs
by evaporation during irrigation and by evapotranspiration from plants.
Windbreaks can be formed by walls, fences, shrub beds or hedges. An alternative
to the physical windbreaks may be the addition of a wind sensor set to disengage
the irrigation system when wind speeds exceed 15 miles per hour.
. (4) A maximum of 60 percent of the landscape area may be planted with turf grass if
a non - drought tolerant species of turf grass is used. St. Augustine species are not
drought tolerant in the Clermont area. There is no limit to the amount of turf
grass that may be used if such turf grass is of a drought- tolerant species, such as
bahia or centipede.
A layer of mulch to a minimum depth of three (3) inches shall be specified on the
site plan in plant beds and around individual trees in turf areas. Organic mulches
are preferred. The mulch shall not be placed directly against the plant stem or tree
trunk. Mulch shall not be required in annual beds.
Sec. 66 -239 Landscape inspection and acceptance
(1) The homeowner, builder or landscape contractor shall request an inspection at a
minimum of 48 hours in advance.
(2) The landscape shall be inspected for conformance of the code by the Water
Conservation Coordinator, or other authorized City personnel.
(3) The builder or landscape contractor shall provide as -built drawings of the
landscape to the property owner.
(4) The landscape shall be maintained and managed to ensure water efficiency and
prevent wasteful practices. This shall include, but not be limited to, replenishing
mulch and utilizing turf and landscape Best Management Practices. Any future
replacement of turf grass may not exceed the allowable specifications as stated in
Section 3.3 (4).
SECTION 2. SEVERABILITY
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
Unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portion of this Ordinance.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
SECTION 3. CODIFICATION
It is the intent of the City of Clermont that Section I of this Ordinance shall become and codified
as part of the City of Clermont Code and that the sections of this Ordinance may be renumbered
or re- lettered and the word "ordinance" may be changed to "section"; "article" Or such other
appropriate word or phrase in order to accomplish such codification.
SECTION 4. EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take
effect immediately upon its Second Reading and Final Passage.
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CITY OF CLERMONT
ORDINANCE NO. 2010 -11 -C
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 28 day of September, 2010.
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aro d S. Turville, Jr., Mayor
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Tracy Ackroyd, City Clerk
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