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Ordinance 13-2013 Natural Resource Protection ORDINANCE N O. 13-2013 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, NATURAL RESOURCE PROTECTION, BY AMENDING VARIOUS SECTIONS RELATING TO THE USE OF ADVANCED IRRIGATION SYSTEMS AND PROVIDING FOR A WAIVER AND FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 66, Natural Resource Protection; Article I, In General, by amending Section 66-2 to read as follows: Sec. 66-2 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alter or alteration of stormwater systems means work done on a stormwater management system other than that necessary to maintain the system's original design and function. Alter or alteration of vegetation means to cut, trim, remove, defoliate, or otherwise destroy or disturb by any means, leaves, limbs, stems, roots, or other plant parts,dead or alive. Antitranspirant means a protective coating, generally applied to plant materials prior to or immediately after transplanting,that reduces water loss through the leaf surface. Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc. Detention means the collection and storage of surface water for subsequent gradual discharge. Dune means a hill or ridge of windblown sand and marine deposits formed by action of the wind and water, often stabilized by vegetation indigenous to this formation. Erosion and sediment control plan means a plan for the control of soil erosion, sedimentation of waters and sediment related pollutants, and stormwater runoff resulting from land disturbing activity. The town may require the party responsible for carrying out the plan to submit monitoring reports, as deemed necessary, to determine whether the measures required by the approved plan are being properly performed. Evapotranspiration-based Controller means an irrigation controller that calculates soil moisture from known weather and related inputs, as follows: Ordinance No. 13-2013 Page 1 of 9 (A) receives and monitors weather data or on-site environmental conditions; (B) calculates the amount of moisture input to and moisture lost from the soil and plants; (C) automatically creates or adjusts the irrigation schedule to apply only the amount of water necessary to maintain adequate soil moisture. Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity. Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes but is not limited to semi- impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Land disturbing activity means any land change that may result in soil erosion from water or wind and the movement of sediments and sediment related pollutants in waters, including but not limited to clearing, grading,excavating,transporting and filling of land. Mangroves means any specimen of Avicenna germinans (black mangrove), Laguncularia racemosa (white mangrove), Rhizaphora mangle (red mangrove), and Conocarpus erectus (buttonwood mangrove), dead or alive, regardless of size. Moderate drought tolerant means vegetation that requires supplemental irrigation during extreme dry periods to maintain attractive appearance. Mulch means nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture. Native habitat means habitat that predominantly consists of or is used by those communities of plants, animals, and other flora and fauna which occur indigenously on the land, in the soil, or in the water. Native shoreline vegetation means vegetation that occurs indigenously on the land, in the soil, or in the water. Pestilent exotic species means any specimen of Melaleuca (Melaleuca quinquenerva), Australian Pine(Causarina spp.),or Brazilian Pepper(Schinus terebinthifolius), regardless of size. Planting means the placing on or setting into the ground of live plant material. Prop roots means the structures originating below the lowest limbs of red mangroves, and which are also known as stilt roots. Rate means volume per unit of time. Ordinance No. 13-2013 Page 2 of 9 Removal means to relocate, cut down, remove, or in any other manner destroy or cause vegetation to be destroyed. Retention means the collection and storage of runoff without subsequent discharge to surface waters. Runoff coefficient means ratio of the amount of rain that runs off a surface to that which falls on it; a factor from which runoff can be calculated. Sediment means the mineral or organic particulate material that is in suspension or has settled in surface waters or groundwaters. Sediment related pollutants means substances such as nutrients, pesticides, pathogens, and organic materials that are transmitted with, or in association with, sediment. Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a one-year period in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building should be: (1) The appraised value of the structure prior to the start of the initial repair or improvement, or (2) In the case of damage,the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been pre- identified by the code enforcement official and which are solely necessary to assure safe living conditions. Surface water means water above the surface of the ground whether or not flowing through definite channels. Temporary Irrigation System is one which is not to be supplied by buried polyvinyl chloride (PVC), Polyethylene(PE), Copper Tubing or any other direct buried piping. Trim or trimming of vegetation means to cut branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy. Trimming does not include the cutting of prop/aerial roots. Turf means continuous plant coverage consisting of grass species suited to growth in the county. Untrimmed mangrove means a mangrove that has not been trimmed over two successive growing seasons. Ordinance No. 13-2013 Page 3 of 9 Very drought tolerant means vegetation that can survive without supplemental irrigation after establishment. Wetlands means hydrologically sensitive areas that are identified by being inundated or saturated by surface water or groundwater with a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands shall also be defined as those areas within the regulatory jurisdiction of the department of environmental regulation pursuant to F.S. ch. 403 and F.A.C. rules 17-3, 17-4, and 17-12. Wetlands generally include swamps, marshes, bogs and similar areas. Window means a visual corridor through vegetation between upland properties and the waterfront. Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 66, Natural Resource Protection; Article IV, Vegetation, Division 4, Design Requirements, by amending Section 66-286 to read as follows: Sec. 66-286.-Water conserving landscape design. The following section shall be applicable to all new construction and substantial improvements. (a) Required. Landscapes shall be designed in accordance with water conserving ' landscape design elements set forth in subsections(b) (e). (b)Minimum landscaped open space. Minimum landscaped open space shall be required as stipulated by the lot, yard and bulk regulations in the zoning code, chapter 134. (c) Required vegetation. The following vegetation is required. The 9 principles of Florida-Friendly Landscaping shall be utilized. (1)Lawns. a. If very drought tolerant grass is used, not more than 70 percent of the required landscaped open space shall be planted in lawn grass. b. If moderate drought tolerant grass is used, not more than 60 percent of the required landscaped open space shall be planted in lawn grass. (Information on Florida Friendly drought tolerant grass can be found at: http://fyn.ifas.ufl.edu/ifaspubs.htm.) (2)Nonturfed areas. a. Nonturf areas shall be planted in mixes of trees, shrubs and ground covers. b. Plants shall be grouped according to their water needs, and irrigated accordingly. At least 33 percent of the groupings shall be characterized by highly or moderately drought tolerant vegetation. Ordinance No. 13-2013 Page 4 of 9 (Information for Florida Friendly Landscaping drought tolerant plants can be found at: http://www.floridayards.org/index.php) (d) Irrigation Standards. (1) Irrigation systems, either manual or automatic, may be used for the cultivated landscape areas. (2) Irrigation shall be designed in zones that reflect necessary water regimes for specific groupings of vegetation. (3) Sprinkler heads irrigating lawns or other high water requirement landscape areas shall be circuited so that they are on a separate zone from those irrigating trees, shrubbery or other reduced water requirement areas. (4) Zones containing existing native plant communities and ecosystems maintained in a natural state do not require, and shall not have any additional irrigation water added in any form. (5) In order to prevent overthrow, low trajectory heads or low volume water distributing devices shall be used when irrigating confined areas. (6) No more than ten percent of spray radius shall be allowed onto impervious areas. (7) Newly installed native plant areas may require irrigation during the establishment period. Water during this period shall be applied from a temporary irrigation system, a water truck, or by hand watering from a standard bib source. (8) A temporary irrigation system shall be removed no later than 60 days after completion of the planting. (e) Use of organic mulches. When appropriate, a minimum of 2 inches of arsenic-free organic mulch shall be installed around each tree planting for a minimum of 18 inches beyond its trunk in all directions, including palms, and throughout all hedge, shrub, and groundcover plantings. Mulch shall be pulled a minimum of 2"away from trees and palms. (f) Antitranspirants. In order to reduce water loss through leaves during installation, antitranspirants shall be used and applied on all permitted landscape installation projects for a minimum period of ninety-days from the date of installation. (g) Irrigation Plans. Detailed irrigation plans shall be submitted as part of a building permit, and shall include: (1) Layout of irrigation system and identification of components. (2) Explanation of relationship between plant groupings and type of irrigation used. (3) Irrigation plans must provide 100% coverage of landscape areas. (h)Control systems. (1) The irrigation system shall be equipped with rainfall or moisture sensing devices to avoid operation during periods of sufficient moisture. Ordinance No. 13-2013 Page 5 of 9 (2) Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from low water requirement areas. (i) Advanced irrigation systems. This section shall be applicable to all new construction, substantial improvement and existing properties applying for a variance from the day-of-week watering restrictions imposed by the South Florida Water Management District(SFWMD),the City of West Palm Beach(WPB)or the Town of Palm Beach (TOWN). Variances from the day-of-week watering restrictions does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued by the SFWMD, WPB or the TOWN. (1) Any person who purchases or installs an automatic landscape irrigation system on their property must properly install, maintain, and operate the system in accordance with manufacturer specifications, technology that inhibits or interrupts operation of the system during periods of sufficient moisture, and otherwise comply with the provisions of this section. (2) Evapotranspiration-based (ET) or moisture sensing-based controllers are required on any new automatic landscape irrigation system or controller installed subsequent to the date of adoption of this ordinance. In addition said systems are required on automatic irrigation systems when any principal structure on a property in the town is substantially altered. (3) Owners who have a properly operating evapotranspiration-based (ET) or moisture sensing controlled irrigation system shall be eligible for a variance from the day-of- the-week landscape irrigation restrictions set forth in Section 122-78(b)(3) and (4) if the following requirements are met: a. The ET controller is approved by the Town of Palm Beach building official as meeting the Environmental Protection Agency(EPA) WaterSense© specification for weather-based controllers, the requirements of the Irrigation Association (IA) for climate-based controllers or moisture sensor-based controllers, or some comparable and applicable standard. b. The owner submits an application for variance to the Town of Palm Beach building official or his/her designee in accordance with Section 122-81 along with an application fee in an amount adopted by the Town Council by resolution. c. The owner posts a sign in a conspicuous location on the property to inform the public of the approved variance. The sign shall be provided by the Town,the cost of which shall be payable to the Town in an amount to be determined by the Town Council by resolution, upon approval of the variance. d. No irrigation occurs between the daily restricted hours as may be set forth by the South Florida Water Management District and/or the City of West Palm Beach,which is subject to change at any time. Ordinance No. 13-2013 Page 6 of 9 (4) The Town of Palm Beach shall maintain a database of all properties which have installed and maintained advanced irrigation systems in accordance with the requirements of this subsection, and which are exempt from the day-of-the-week irrigation restrictions set forth in Section 122-78(b)(3)or(4). (5) A variance granted from Section 122-78(b)(3)or(4)based on the installation and operation of an advanced irrigation system does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued by the South Florida water Management District,the City of West Palm Beach or the Town of Palm Beach. (6) Applicability. This section shall apply to all licensed contractors within the jurisdiction of the town who install or perform work on automatic irrigation systems and to any person or entity which purchases or installs an automatic landscape irrigation system on their property. a. A licensed contractor or owner who installs or performs work on an automatic landscape irrigation system must test for the correct operation of each inhibiting or interrupting device or switch on the system. If such devices are not installed, or are not functioning properly, the contractor must install new devices or repair the existing ones and insure that each is operating properly before completing other work on the system. b. A licensed contractor or owner performing work on an automatic landscape irrigation system shall report systems that are not in compliance with this section, to code enforcement personnel in the police department. Failure of a contractor or owner to report non-compliant systems within five business days is punishable by fines as specified in the violations and penalties section of this section. A system that is repaired by the contractor and brought into compliance need not be reported. c. Regular maintenance and replacement of worn or broken moisture sensing equipment, such as soil moisture or rain sensors, is not a violation of this section, if such repairs are made within 30 days from the time non-compliance is noted. d. All contractors performing work on irrigation systems within the town shall be licensed or registered under F.S. ch. 489, or the Construction Industry Licensing Board of Palm Beach County and shall hold a municipally-issued license or business tax certificate that permits work on irrigation systems. e. A licensed contractor shall perform annually a maintenance review of the ET- controlled system and certify to the Town of Palm Beach on an annual basis that the ET-controlled system is properly operating and in compliance with this section. Owners failing to provide such annual recertification that the system is properly operating shall result in revocation of the variance from Section 122- 78(b)(3)or(4). (7) Violations and penalties. a. Failure of any person who purchases or installs an automatic landscape irrigation system on their property, or property managed by them, to properly Ordinance No. 13-2013 Page 7 of 9 install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture is a violation of this section, and such person shall be subject to a fine in accordance with Section 2-439 of this code . A person in violation of this section may be cited for each day the system fails to be in compliance with this section. b. Failure of an owner to report to town code enforcement officials automatic landscape irrigation systems that are not in compliance with this section, which require properly operating devices to inhibit or interrupt the operation of the irrigation system during periods of sufficient moisture, shall be a violation of this section, and such owner shall be subject to a fine in accordance with Section 2- 439 of this code. Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 13-2013 Page 8 of 9 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of July, 2013, and for second and final reading on this 13th day of August, 2013. ay A Alb. or. oniglio, a or id A. Rosow, Council President _ Rol N d c Cou cil Presi.;nt Pro Tern (,> `. C I \ t 1 ( 11 i' '' ' c,t , : _ ', , ' ,`It• Will',:1 J. Diamond, Counc���=- ee ii ) -_' , , ..Y °, \P-c,--,--( ‘n1 16-4 Ric .al M. Kleid, Council Member , , _ _....■ "-2- —.wk. A n A. Owens M' own Clerk Micha=1 J. Pa i lo, ou cil Member p:\docs\13156\00008\doc\I gm 1189.docx Ordinance No. 13-2013 Page 9 of 9