HomeMy Public PortalAbout2021-03 Creating Article II of Chapter 8, Environment relating to Landscape IrrigationORDINANCE NO. 2O2I.O3
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CREATING ARTICLE II OF CHAPTER 8O*ENVIRONMENT,' OF THE VILLAGE CODE OF
ORDINANCES RELATING TO LANDSCAPE IRRIGATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") is committed to environmental
conscientiousness and leadership, and towards that end has previously adopted ordinances that
prohibit the sale or use of polystyrene food service articles by Village contractors, regulate the use
of fertilizers within the Village, and control wasteful water uses during water shortage conditions
and emergencies; and
WHEREAS, unrestricted, wasteful, and unncessary landscape irrigation can be a major
contributing factor to the creation of water shortage conditions and water resource strain; and
WHEREAS, pursuant to Florida Statutes Section 373.042, the South Florida Water
Management District ("District") created Chapter 408-24 of the Florida Administrative Code to
protect Florida's water resources and regulate wasteful landscape irrigation practices by restricting
the days when property owners can conduct landscape irrigation; and
WHEREAS, on February 19,1991, Miami-Dade County ("County") adopted an ordinance
creating Section 32-8.2 of the County Code of Ordinances ("Code") to further restrict wasteful
landscape inigation practices by limiting the times whenproperty owners are permitted to conduct
landscape irrigation; and
WHEREAS' the Village currently enforces Section 32-8.2 of the County Code to curtail
wasteful landscape irrigation practices; and
WHEREAS, the Village desires to create Article II of Chapter 8 of the Village Code of
Ordinances to adopt landscape inigation regulations consistent with the rules and regulations
implemented by the District under Chapter 408-24 pursuant to Florioda Statute Section 373.042
and the County under Section 32-8.2 of the County Code in order to promote greater awareness,
compliance, and enforcement of landscape irrigation regulations within the Village; and
WHEREAS, the Village Council finds that this Ordinance is necessary for the preservation
and improvement of the environment, and in the best interest of the public health, safety, and
welfare of the Village's residents and visitors.
NOW, THEREFORE,IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNEO FLORIDA' AS FOLLOWS:I
1Coding:s@arede1etionstotheexistingwords.Underlinedwordsareadditionstotheexistingwords.Changes
betweenfirstandsecondreadingareindicatedwithhighlighted@handdoubIe-under1iff.
Page I of7
Section 1. Recitals. That each of the above recitals are true and correct and
incorporated herein by this reference.
Section 2. Creatine Article II of Chapter 8 of the Villaee Code. That Article II of
Chapter 8, of the Code of Key Biscayne, Florida, is here by created to read as follows:
CHAPTER 8 _ ENVIRONMENT
{<*x<
ARTICLE II. - RESERJTED LANDSCAPE IRzuGATION
Sec. 8-51. - Intent and Purpose.
The purpose of this Article is to conserve the Village's Water Resources by regulating Landscape
Irrigation practices. The Village intends to achieve this purpose by limiting the days when propeqy
owners can conduct Landscape Irrigation based on prope4v Addresses: restricting the time of day
when Users may conduct Landscape trigation to reduce likelihood of excessive water evaporation
and disease snread: and nrohibitins Wastefirl an Unnecessarv water use. This Article encourases
water conservation practices by exempting irrigAtion methods that conserve the Village's Water
Resources efficientlv and effectivelv- such as Low Volume Hand Waterins. Low Volume
Irrigation. Micro-Irrigation" and the use of Reclaimed Water. Blz regulating Landscape Irrigation
practices" the Village seeks to prevent the development of water shortage conditions. and protect
the Villase's Water Resources- the environmen t. water bodies- the economic well-beins of the
Village's residents. and the health of the public.
Sec. 8-52. - Definitions
For the purpose of this article" the following terms. phrases. words. and their derivatives shall have
the meaning listed below. 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.
number"a
that. together with the street name" describes the physical location of a specific
prope4v. This excludes post office box numbers.
(2) "Athletic Plali Area" means all sports fields and other athletic play surfaces.
"District" means
entitlz created under Chapter 373 of the Florida Statutes.
(4) "Enforcement Officer" means any authorized agent or employee of the Village
whose dutv it is to ensure compliance with the Code in accordance with State and
locallaw.
Address in the numbers
the letters A-M" or. rights-of-wav or other locations with no Address.
(O "Existing Landscaping" means any
aa )t
ground for more than ninety days.
Page 2 of 7
which has been olanted and in the
(7) "Landscaping" means shrubbery. trees. lawns" sod. grass" ground covers" plants.
vines. omamental gardens" and such other flora not intended for resale" which are
situated in such diverse locations as residential landscapes. recreation areas. public
and commercial establishments. public medians. and rights-of-way. except Athletic
Plali Areas.
Irri//a\"T anr{cnana ^ofi ^-tt fhp nrrfair{e rrrqfarina ^f T o-r{o^o^i--
" means the
with one hose. fitted with a self-canceling or automatic shutoff nozzle.
(10) "Low Volume Irrigation" means the use of equipment and devices specificallli
designed to allow the volume of water delivered to be limited to a level consistent
with the water reouirement of the nlant irrisated. and to allow that water to
be placed with a high degree of efficienclz in the root zone of the plant. Overhead
irrigation and flood irrigation are not included.
(1 1) "Micro-Irrigation" means the application of small quantities of water on or below
the soil surface as drons or tinv streams of sorav throush emitters or aoDlicators
placed along a water delivery line. Micro-krigation includes a number of methods
or concepts. such as bubbler. drip" trickle. mist. or microspray. and subsurface
irrigation.
(12) "New Landscaping" means an)' Landscaping which has been planted in the ground
for ninetv days or less.
(13) "Odd Numbered Address" means an Address ending in the numbers 1. 3. 5" 7" 9"
or the letters N-2.
Water"
treatment and basic disinfection and is after flowins out of a wastewater
as defined
(15) "User" means anlz natural person. business" corporation. limited liabilitv company.
partnership. limited partnership. association. club" organizations. the U.S.. Florida"
all political subdivisions" regions" districts. municipalities. and public agencies
thereof, andlor any group of people acting as an organized entitv which directly or
indirectly takes water from Water Resources. including Users of private or public
utility slzstems. or individual wells or pumps.
(16) "Wasteful and Unnecessary" means allowing water to be dispersed without an),
to the water use for
leaving an unattended hose on a drivewalz with water flowing. allowing water to be
dispersed in a grossly inefficient manner regardless of the type of water use; for
example. allowing Landscape krigation water to unnecessarily fall onto pavement.
sidewalks, and other impervious surfaces; or allowine water flow throush a broken
or malfunctioning water delivery or Landscape Irrigation slistem.
ater Resource"and all
including natural or artificial lakes. ponds. or diffused surface water. and water
percolating" standing" or flowing beneath the surface of the ground.
I
Page 3 of7
Sec. 8-53. - Applicabilitlz.
to all Users
Resources within the boundaries of the Villase.exceDt for the use of Reclaimed Water. irrieation
of Athletic Plalz Areas. or as otherwise indicated in this Article.
Sec. 8 -54. -Landscape Irri gation Re gulations.
(1) Inigation of Existing Landscaping shall comply with the following Landscape
Irrigation scheduling restrictions:
(a) Properties with Even Numbered Addresses shall conduct Landscape Irrigation
only on Thursdays and/or Sundays.
(b) Properties with Odd Numbered Addresses shall conduct Landscape Irrigation
only on Wednesdalzs and/or Saturdays.
(c) Properties with inigation systems that irrigate both Even Numbered Addresses
and Odd Numbered Addresses within the same zones. @
@ i;rights-of-waywithno
Address. and other locations with no Address shall be irrigated onl)z on
Thursdays andlor Sundalzs.
(A) Notwithstandinq the p
orooerfv contains muttl
attemative fanAscm
iAentitv. at a minimu
to two aavs on wnicn I,m
trrisation zone. The V
conaitions. or rel
tvtanaser. or desiqne
fandscaoe frrisation s
(2)shall with the fo
(a) A ninety day establishment period shall begin on the dalz the New Landscaping
1C installed. New T qndcnqnino shall be incfqllcr{ rxri thin fnrrrfeen dqrrc frnm fhe
date of purchase. which may be demonstrated with a receipt or invoice
indicating the date of purchase or delivery.
(b) Users malz irrigate New Landscaping once on the day the landscaping is
installed without regard to the Landscape Irrigation schedule restrictions.
Irrigation of the soil immediatellz prior to the installation of the New
Landscaping is allowed without regard to the Landscape Irrigation schedule
restrictions.
(c) Users may irrigate New Landscaping which has been transplanted for thirty
dalzs or less on any dalz except Friday.
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(d) Users may irrigate New Landscaping which has been in place for thi4v-one to
ninetv days on any day except Tuesdali. Friday" and Sundalz.
(e) Irrigation of New Landscaping is limited to areas only containing the New
Landscaping. An entire zone of an irrigation system shall only be utilized for
Landscape Irrigation under this subsection if the zone contains at least 50olo
New Landscaping. If a zone contains less than 50oZ new landscaping. or if the
New Landscaping is in an area that will not t.vpically be Irrigated by an
irrigation system" only the individual new plantings are eligible for additional
irrigation. Targeted watering may be accomplished blz Low Volume Hand
Waterins or anv aoorooriate method that isolates and waters onlv the New
Landscaping.
(3) Any User who purchases and installs an automatic landscape irrigation svstem shall
properly install. maintain" and operate technology that inhibits or intemrpts
operation of the system during periods of sufficient moisture. Users shall not
operate or cause. let. permit" allow. or suffer the operation of anlz irrigation system
or device in a Wasteful and Unnecessary manner including. but not limited to.
watering paved areas. sidewalks. drivewalzs. and parking lots.
(4) Landscape Irrigation shall be prohibited between the hours of 10:00 A.M. and 4:00
P.M.. except as otherwise provided in this Article.
(5) Any restrictions or measures issued during a Declaration of Water Shortage
Condition or Water Shortage Emergencli pursuant to Chapter 8. Article III. "Water
Shortage Regulations"" of the Village Code shall supersede the provisions of this
article that are less restrictive for the duration of the declaration.
(6) Exceptions.
(a) Landscape Irrigation systems may be operated during restricted dalzs and times
for cleaning. maintenance" and repair purposes with an attendant on site in the
area being tested. Landscape Irrigation systems malz routinely be operated for
such oumoses no more than once ner ek. and the run time for anv one test
shall not exceed ten minutes per zone on a propertlr.
(b) Users may conduct Landscape Lrigation to water-in fertilizers. insecticides.
pesticides" fungicides. and herbicides. when recommended by the
manufacturer, by federal, state, or local law, or best management practices if:
i. Watering-in is limited to one application. unless the need for more than
one application is stated in the directions for application specified by the
manufacturer: and
ii. Watering-in is conducted by a professional licensed applicator.
(c) Anlz plant material may be watered using Low Volume Irrigation. Micro-
Irrigation. Low Volume Hand Watering method. rain barrels. cisterns" or other
similar rain-harvesting devices without regard to the Landscape Irrigation
schedule restrictions.
([ fanascaoe trrieation svs
UaseA irrieation contr011
Page 5 of7
IrriEation scneaUe re
in accordance witn tne
Sec. 8-55. - Variances.
(]) The provisions of this Article shall not apply to a User who seeks and is granted a
variance from the provisions of this Article. In considering a request for a variance.
the Village will consider whether application of this Article would lead to an
unreasonable or unfair burden on the User. A User applying for a variance shall
bear the burden of showing that an unreasonable or unfair result would arise by
demonstrating with particularitlz that:
(a) The provisions of this Article result in substantial economic. health" or other
hardship on the User or those served by the User:
(b) The hardship is peculiar to the person or the affected propertv and is not self-
imposed: and
(c) Approval of the requested variance would be consistent with the general intent
and purpose of this Article.
A variance from the provisions of this Article malz be granted administrativellr upon
aoolication to the Manaser. Such variance shall be valid for 12 months and
mrw he renerxred rrnnrr cnnlinqfinn to the \/illoce
(2) The Village shall recognize all irrigation variances or waivers issued by the District.
Sec. 8-56. - Enforcement: penalties.
(1) Following the adoption of this Article. the Village shall engage in public education
efforts to inform the public of the provisions of this Article.
(2) Beginning +ry Augu$t 1" 2021. Enforcement Officers shall enforce all
provisions of this Article.
(3) In addition to any other remedies available by law. the Village malz issue a civil
violation notice pursuant to Chapter 2 of this Code. Notwithstanding. the Village
may provide a courtesy warning to Users for a violation of the provisions of the
Article. Violations of the provisions of this Article shall be on a per occurrence
basis and subject to the following penalties:
(a) First violation: $H75;
(b) Second and subsequent violations: $500.
Section 3. Severabilifv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Page 6 of7
Section 4. Codification. That it is the intention of the Village Council and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Village's
Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions, and that the word Ordinance shall be changed to Section or other
appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the 25rh day of August, 2020.
PASSED AND ADOPTED on second reading on the 23'd day of February,2021.
J
MICHAEL W. DAVEY, MAYOR
ATTEST:
T
Ql"u-!,#A"lGt(^
JoCELYN glKocH
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALfu7;.
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
PageT of7
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Hotidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
GOUNTYOF MIAMI.DADE
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daity
Business Review ilkla Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILLAGE OF KEY BISCAYNE - SECOND READING NOTICE -
ORDINANCES - FEB. 23, 202"
in the XXXX Court,
was published in said newspaper in the issues of
0211212021
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dade
County, Florida and that the said newspaper has heretofore
been conlinuously published in said Miami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper.
and subscribed before me this
lt FEBRUARY, A.D.2A21
(SEAL)
GUILLERMO personally known to me
- VLLAGE OF KEY BISCAYI{E
OFFIGE OF THE VILLAGE CLERK
SECOND READII{G IIOTICE
Notice is hereby given that the following ordinances will be considered on Second
Reading by the Village Council of the Village of Key Biscayne at a meeting
to be held on Tuesday, February 23, 2021 at 6:00 p,m., in the Council Chamber,
located at560 Crandon Boulevard, Key Biscayne, Florida:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, SELECTING FERREIRA CONSTRUCTION
SoUTHERN Dw|STON CO., lNC. FOR THE VILLAGE'S BEACH
HENOURISHMENT MAINTENANCE PROJECT ]N AN AMOUNT NOT TO
B(CEED $1,8it6,564; PROVID|NG FOR AUTHORTZATTON; AND PROV|DING;
FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
CREATING ARTICLE II OF CHAPTER 8, "ENVIRONMENT,I OF THE VITLAGE
CODE OF ORDINANCES RELATING TO LANDSCAPE IRRIGATION;
PROVIDING FOR SEVERABILIW; PROVIDING FOR GODIFIGATION;;
PROVIDING FOR CONFLICTS; AND PROVIDINGfOR AN EFFECTIVE DATE
AN ORDINANCE OF THE VILUGE OF KEY BISCAYNE, FLORIDA AMENDING
ORDINAI.ICE NO. 2O2O.O4 WHICH ADOPTED THE BUDGET FOR FISCAL
YEAR 2020. M21 AY REVISING THE2O2O.2O21 FISCAL YEAR BUDGET;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN.
EFFECTME DATE.
The proposed ordinances may be inspected by the public at the Office o1.
ihe Village Clerk. Any percon wishing to address the Village Gouncil on,
any item at this Pubiic Hearing may call {305) 365-7569, Zoom Meeting lD:,
231 627 8415 and be heard.with respect to the proposed Ordinances. :
ln accordance with the Americans With Disabilities Aci of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding beoause of that disability should contact the 0ffice ol the Village
Clerk, BB West Mclntyre Street, Suite 220, Key Biscayne, Florida 33149,i
telephone number (305) 365-5506, not later than two business days priorl
to such proceeding.
'should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person shall:
insure that a verbatim record of-the proceedinqs is made including all testimony'
,
and evidence upon which any appeal may be based (F.S. 286.01 05).
Comments of any interested party relative to this matter may be submitted
in writing via email to publiccomments@keybiscayne.fl .gov.
Jocelyn B. Koch
Village Clerk
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