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Ord 734 Amending Chapter 98 Vegetation Landscaping requirements regarding Water Conservation TOWN OF WESTLAKE ORDINANCE NO. 734 AN ORDINANCE OF THE 'TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 98, VEGE'TAT'ION, ARTICLE III, LANDSCAPE REQUIREMENTS, SEC'T'ION 98-83 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES, SUB-SECTION (C) IRRIGATION CONSERVATION, AS AMENDED; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake Town Council finds conservation of water and protection of water supplies are in the best interest of its citizens; and WHEREAS, The Town of Westlake is obligated to implement and enforce conservations efforts as acknowledged in the Town's current water contract with the City of Fort Worth; and WHEREAS, The Town Council desire to amend the provisions of Section 98-83 related to irrigation requirements in the Town of Westlake, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: Chapter 98, Vegetation, Article III, Landscape Requirements, Section 98- 83 of the Town of Westlake Code of Ordinances, as amended, is hereby further amended as follows: ARTICLE II: Landscaping See. 98-83. Irrigation requirements. (c) Irrigation conservation. (1) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials). Except for hand watering, drip irrigation and the use of soaker hoses, a Person may only irrigate, water, or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees, and other high value landscape materials, located on premises owned, leased, or managed by that Person(i) on a day designated as an outdoor water use day for the property's address as shown below; and (ii) between the hours of 12 midnight to 10 a.m. and 6 p.m. to 11:59 p.m. on such day. Ordinance 734 Page 1 of 4 a. Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays and Saturdays. b. Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. c. All non-residential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians, etc.) may water on Tuesdays and Fridays. (2) Except for hand watering, drip irrigation and the use of soaker hoses, a Person commits an offense if that Person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that Person between the hours of 10:00 a.m. and 6:00 p.m. (3) Except for hand watering, drip irrigation and the use of soaker hoses, a Person commits an offense if that Person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that Person on a day that is not designated as an outdoor water use for that property address as shown in subsection(1) above. (4) A Person commits an offense if a Person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the Person in a manner that causes: a. a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or b. an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (5) A Person commits an offense if, on premises owned, leased, or managed by that Person, a Person operates a lawn or landscape irrigation system or device that: a. has any broken or missing sprinkler head; or b. has not been properly maintained in a manner that prevents the waste of water. (6) Affirmative Defenses a. It shall be an affirmative defense to prosecution of an offense in Section 98-83 (1) that at the time such Person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of- i. £i. dust control of a sports field; or ii. the maintenance, repair, or testing of an irrigation system. b. The activity described in subsection (6) a, i and ii may only occur within a period of two (2) days no more than once every thirty (30) days. Any such activity requiring a longer period or greater frequency shall require a variance as provided by subsection(7). Ordinance 734 Page 2 of 4 (7) Variances a. The Town Manager or his/her designee may grant variances to the twice per week watering and irrigation restrictions and schedule, if one or more of the following conditions are met: i. Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the Person requesting the variance; ii. Compliance with the watering and irrigation restrictions and/or schedule cannot be accomplished due to technical or other limitations; or iii. Alternative methods that achieve the same level of reduction in water use can be implemented. b. The Town Manager or his/her designee may grant variances to allow for establishment of hydromulch, grass sod, or grass seed for new lawns. c. Variances shall be granted or denied at the discretion of the Town Manager or his/her designee. All petitions for variances shall be in writing and shall include the following: i. Name and address of the petitioner(s); ii. Purpose of the water use; iii. Specific provisions from which relief is requested; iv. Detailed statement of the adverse effect of the provision from which relief is requested; v. Description of the relief requested; vi. Period of time for which the variance is sought; vii. Alternative measures that will be taken to reduce water use; and viii. Other pertinent information requested. (8) A Person who irrigates, waters, or causes or permits the irrigation or watering by use of an alternative water source such as a well, reclaimed or reused water, or water from the Trinity River is exempt from prosecution if that Person has: a. Registered such alternative water source with the Town; b. Provided sufficient proof to the Town that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the Town if deemed necessary; and c. Complied with the Town's most recently adopted plumbing codes and state laws related the installation of devices for cross-connection and backflow protection. (9) Additional water conservation and drought contingency measures, as identified in Chapter 94 of the Town of Westlake Code of Ordinances, may be implemented by the Town of Westlake as required by the City of Fort Worth. (10) Enforcement. The Town of Westlake shall share enforcement of water restrictions, drought contingency, and conservation measures as required by the City of Fort Worth. Ordinance 734 Page 3 of 4 SECTION 3: That all provisions of this Ordinance shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SEC'T'ION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION b: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22ND DAY OF SEPTEMBER 2014. ATTEST: La ra Wheat, Mayor \-44 Kelly tdwardTown Secretary thomas E. Bry 0 6wn Manager APPROVED� TO FORM) fM �gOFjc 4O 1 _ . m L. §tanton Low . , Tvv Atto ey , z. s Ordinance 734 Page 4 of 4 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 331557751 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/25/2014 26-2674582 Federal Tax Terms: Net due in 21 days ID R (37 L"' o "10 Due Date: 9/30/2014 "M Bill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 33155775 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 9/24/2014-9/25/2014 TOWN OF WESTL. ORDWANCE-NO1,71,M 1580 1 32 32 LINE $6.14 $392.84 Aw"ORDINAK 1 9,Of I T"HETOWN OF WfSTTELAKF 4E2XAS AMENDING C14APR':48"-, YATI Misc Fee TICLE III,,LKVtGNDSCAPE RE IRE- $10.00 MENTS­SECTION,98-83 OF THE TOWN OF WESTLAKE"CODE OF ORDINANCES, SUB-SECTIOU'(C)' IRRIGATION CONSERVATION, AS AMENDED;PROVIDING APENAL- ITY CLAUSE;-PROVIDING A CU- Net Amount: $402.84 MULATIVE CLAUSE;PROVIDING A SEVERABILITY CLAUSE, PROVID- ING A SAVINGS CLAUSE; AU- THORIZING PUBLICATION- AND ESTABLISHINGAN­EFFECTIVEDATE.SECTION,5*,That any person, firm or corporation VIOIatIA9 MY,Of the, provisions or terms of this ordinance,shall be subject to the same,penalty,as provided form the Code of Ordinances of theTown of Westlake,and upon conviction shall' be punisbable'by, a I fine, not'to exceed the.sum of TwoThousand Dollars ($2,000.00) for each of CHRISTY LYNNE HOLfTe A 1't,0 �x rmittodto .... fens4.,Each day,that"a,violatipp, is: ;�.* A . NotarY Public,S nett -o 'PASSEV AND APOVED fly Commission Expires -OR791S,22NO AY'OF' July 31, 2016 PR THE STATE OF TE) SPTEit 211f#. County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the ove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Thursday,Se e 5,2014. Notary Public liL�_ Or Thank You For Your Payment Remit To: Star-Telegram: Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 331557751 Invoice Amount: $402.84 PO Number: Amount Enclosed: