HomeMy WebLinkAbout088 - 07/01/2014 - ADOPTING AN UPDATED WATER SUPPLY SHORTAGE RESPONSE PLAN ORDINANCE NO. 088, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AN UPDATED WATER SUPPLY SHORTAGE RESPONSE PLAN
WHEREAS,.the City Council has previously adopted Ordinance No. 048, 2003, which
prescribed a four-tier Water Supply Shortage Response Plan and contained restrictions and
requirements for conservation of water by persons served by the City's Water Utility, commonly
referred to as water restrictions, which ordinance was then updated by the adoption of Ordinance
047, 2013; and
WHEREAS, in light of the continued threat of water shortage conditions in Fort Collins
in the future, and the evolving condition of the City's municipal water supply and the
information related thereto, and based on the City's experience with implementation of the
current Plan in 2013, an updated Water Supply Shortage Response Plan has been developed, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the
"Plan"); and
WHEREAS, elements of the Plan were presented to, and discussed with, the City Council
at a work session on January 28, 2014, and input from the City Council received at that time has
been incorporated into the Plan; and
WHEREAS, a draft of the Plan was presented to, and discussed with, the Water Board at
the Board's March 20, 2014, meeting, and the Water Board recommended adoption of the Plan
with some suggested modifications, many of which are reflected in this Ordinance; and
WHEREAS, the Plan includes adjustments to monthly water rates and excess water use
surcharge rates, in order to ensure adequate revenue to cover the fixed costs of operating the
Water Utility in the event that water restrictions are implemented; and
WHEREAS, it is the desire of the City Council to formally adopt the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that it is necessary and beneficial for
the ratepayers of the City's Water Utility, and in the best interests of the City and its citizens, to
adopt the Plan as referenced herein.
Section 2. That the City Council hereby adopts the Fort Collins Water Supply
Shortage Response Plan as it is presented in Exhibit "A", and authorizes and directs the City
Manager to implement said Plan.
Section 3. That this Ordinance supersedes and replaces Ordinance No. 048, 2003, as
amended by Ordinance No. 047, 2013, and such prior ordinances establishing water supply
shortage response plans shall be of no further force or effect.
1
Section 4. That the City Manager is hereby directed to carry out the operations of the
City in accordance with the terms of the Plan, as applicable.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
June, A.D. 2014, and to be presented for final passage on the 1 st day of July, A.D. 2014.
U�oFFc�rti�c!'. , yoN�w=�.c�c,e..*.G�
ATTEST: SEAL 'n P�
0tC.1C ii AL'
City Clerk
Passed and adopted on final reading on the 1 st day of July, A.D. 2014.
-7
OF FORD Nrdor
ATTEST: CA
•.,0�
U'
City Clerk c0tORA O
- 2 -
Exhibit "A"
City of Fort Collins
Water Supply Shortage Response Plan
The City of Fort Collins Water Supply Shortage Response Plan applies to the use of City treated
water and sets out restrictions and requirements intended to achieve progressively higher levels of
water savings under various projected water shortage conditions. Ordinance No. 065, 2014,
adopting the Water Supply Shortage Response Plan, was passed on second reading by the City
Council on May 6, 2014.
A. Definitions.
The following terms shall be defined as set forth herein for the purposes of this Plan.
1. Dealership vehicle shall mean any unregistered vehicle on display or awaiting sale by a
vehicle dealer or other person holding or selling vehicles in the normal course of business in
compliance with any applicable stormwater regulations and City Code § 26-498.
2. Drip system shall mean low pressure, low volume irrigation, above or below ground, that
delivers water to the root zone of plant material through emitters or porous material at a low
pressure. Includes bubbler, drip emitter, in-line tubing, subsurface irrigation or soaker hose.
3. Essential powerwashing shall mean cleaning with high pressure, low volume water or
steam in an'outdoor location or in a manner that discharges flows to the outdoors, in
accordance with any applicable stormwater regulations and City Code § 26-498 for health
and safety reasons, graffiti abatement, surface preparation for the application of architectural
coatings or painting or cleaning of heating, ventilation and air conditioning equipment.
4. Food production shall mean the application of water to vegetables, fruits or herbs to be
used as a source of food. Food production shall not mean landscape or lawn watering,
watering of trees, or watering with well or raw water.
5. Hand watering shall mean the application of water to plant material while holding a hose in
hand; and which has a positive shut-off nozzle. Nand watering shall not mean watering with
a hose and sprinkler.
6. Health and safety reasons shall mean as reasonably necessary to remedy an unsanitary or
dangerous condition that poses a health or safety risk or danger to the public or to the
occupants of a particular property.
7. Landscape watering shall mean the use of treated or potable water obtained from the City
to irrigate or water any flowers, shrubs, or other landscape plantings or plants. Landscape
water shall not mean food production, lawn watering or watering of trees, or watering with
well or raw water.
8. Lawn watering shall mean the use of treated or potable water obtained from the City to
irrigate or water any lawn, grass or turf areas. Lawn watering shall not mean food
production, landscape watering or watering of trees or watering with well or raw water.
9. Medical hardship shall mean an exceptional hardship imposed upon an individual
residential customer because of medical reasons by the restrictions set forth in this Plan.
10. Outdoor swimming pool shall mean an outdoor structure that is filled with water and used
for swimming.
11. Religious objection shall mean an objection to the specific application of the requirements
of this Plan due to a conflicting religious belief that precludes watering on an assigned day.
12. Residential shall mean a single-family or duplex residential property or account.
13. Splash park shall mean an interactive water structure in a public space intended for public
use and play and managed in accordance with applicable water quality requirements.
14. Spraying impervious surfaces shall mean rinsing, washing or spraying with water or steam
an impervious interior or exterior surface, including but not limited to surfaces such as
garage floors, siding, windows, sidewalks, driveways, or patios, that will discharge flows
outdoors, in accordance with any applicable stormwater regulations and City Code § 26-498.
15. Sprinkler shall mean an automated or manual system or a piece of equipment added to a
hose that is used to spray water into the air so that droplets fall to the ground.
16. Sprinkler system maintenance shall mean the operation of a sprinkler system to the extent
reasonably necessary for repair or maintenance, as long as a person is on site at all times and
testing is limited to verifying proper operation and identifying problems.
17. Tree shall mean a woody plant, typically having a single stem or trunk growing to a
considerable height and bearing lateral branches elevated from the ground.
18. Vehicle washing at home shall mean washing a vehicle on a residential premise in
compliance with any applicable stormwater regulations and City Code § 26-498.
19. Water feature shall mean a device that creates a waterfall or fountain intended only for
aesthetic purposes. Water feature shall not mean a water feature with a pond or basin that
performs a function essential to the support of fish life in that pond or basin, or a water
feature in a swimming pool, or a splash park, as defined herein.
20. Well or raw water shall mean lawn or landscape watering with privately owned well water
or raw water, provided that the user of any such well or raw water for irrigation or watering
has posted a public notice of the same in the watering location in a manner visible from the
street.
B. Initiation and Implementation.
1. The City Manager shall determine when a declaration of water supply shortage
triggering the application of the provisions of this Plan is appropriate in accordance with City Code
§ 26-167(a), and shall issue a determination and order accordingly. Upon such determination and
declaration, the City Manager shall cause to be published in the local newspaper a notice of the
restrictions and requirements corresponding to that Water Supply Shortage Response Level, as set
forth herein, and the effective date of said restrictions and requirements, which shall be no fewer
2
than seven (7) days after the date of publication. The City Manager shall inform the City Council
promptly of any such determination and declaration.
2. Permits.
a. In the event that the Utilities Executive Director, or his or her delegate,
determines that an application for a lawn watering permit filed pursuant to the procedures
established for implementation of this Plan meets, the applicable eligibility requirements,
then he or she shall issue a permit containing such terms and conditions as he or she
determines, in his or her reasonable discretion, will allow the minimum watering necessary
to carry out the intent of the permit. The Utilities Executive Director may, in determining
said permit terms and conditions, consider the impacts of the permitted activity on the City's
water supply or water system operations. Any determination of the Utilities Executive
Director hereunder shall be issued within five (5) business days of the submission of a
complete application, shall be provided in writing to the applicant, and shall include an
explanation of.the basis for any determination of denial.
b. A written permit determination by the Utilities Executive Director may be
appealed to the City Manager, provided that notice of any such appeal shall be filed in
writing within five (5) days of issuance of the same and shall include an explanation of the
basis for the appeal. The City Manager may conduct such investigations as he or she
determines appropriate or necessary to determine whether the decision appealed was arbitrary
or capricious or otherwise inconsistent with the terms of this Plan, and shall issue a written
explanation of his or her decision on any appeal within ten (10) days of the submission of a
sufficient notice of appeal.
c. All permits or required signs must be displayed so that they are visible from
street or sidewalk areas.
3. Monthly water rates and Excess Water Use Surcharge as adopted by the City Council
and in effect at the time a Water Shortage Response Level has been declared and ordered effective
shall be increased by the percentage set forth below for the applicable Water Supply Shortage
Response Level for metered usage during the time periods that the related Water Shortage Response
Level has been determined to be in effect.
C. Enforcement and Penalties.
I. The use of City treated water in violation of this Plan or in violation of a permit
issued hereunder shall constitute a violation of City Code § 26-51, which authorizes the
discontinuation of water service in the event of use of water for purposes not authorized.
2. Violation of the terms of this Plan or violation of the terms of a permit issued
hereunder shall constitute a civil infraction which, notwithstanding the provisions of City Code § 1-
15(f), shall be punishable as follows:
a. Residential Violations
i. A violation on or for a residential property or use shall be punishable
by a minimum fine of fifty dollars ($50)per violation up to a maximum fine of one
3
thousand dollars ($1,000) per violation, if the violation occurs during a Response
Level 1 or Response Level 2 condition.
ii. A violation on or for a residential property or use shall be punishable
by a minimum fine of one hundred dollars ($100) per violation up to a maximum
fine of one thousand dollars ($1,000) per violation, if the violation occurs during a
Response Level 3 or Response Level 4 condition.
b. Non-Residential Violations
i. A violation on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of two hundred and fifty
dollars ($250) per violation up to a maximum fine of one thousand dollars ($1,000)
per violation, if the violation occurs during a Response Level l or Response Level 2
condition.
ii. A violation on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of five hundred dollars ($500)
per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if
the violation occurs during a Response Level 3 or Response Level 4 condition.
C. Each day during which a violation of any provision of this Ordinance or
permit issued hereunder occurs or continues shall constitute a separate offense under
this Ordinance.
4
Water Supply Shortage Response Plan Elements
Response Response Response Response
Level1 Leve12 Leve1-3 Leve14
Water Supply
Projected water supply
shortage as determined by 1-10% 11-20% 21-30% Greater than 30%
the City Manager
Regulated Water Use Mandatory
Activities
1. Lawn watering
No watering between No watering between No watering between
a. Non-watering hours 10 a.m. to 6 P.M. 10 a.m.to 6 P.M. 10 a.m. to 6 p.m. N/A
Residential(even)— Residential(even)—
b. Number of watering Thurs. &Sun. Sun. Residential (even)—
days per week Residential(odd)— Residential(odd)— Sun. _
Wed. &Sat. Residential odd —Sat. No wateringallowed
(Note:even and odd Sat. (odd)
refers to the last digit Multi-family& Multi-family&
of a street address) Commercial—Tue. & Multi-family& Commercial—Fri.
Fri. Commercial—Fri.
Unrestricted during Unrestricted during 2 hours during
c. Time limit per day designated watering No watering allowed
watering hours watering hours day
d. Sprinkler system Allowed any time Allowed any time Allowed any time No watering allowed
maintenance
2.Lawn watering �'
exceptions by permit All permits must be dfspleyed so they are visible from the street or sidewalk.
No exceptions from
Water any time of day Water any time of day 5/15 thru 8/15,
and any day of the and any day of the Water any time of day
a. Sod and seed for week for a period not week for a period not and any day of the
new lawns to exceed 3 weeks for to exceed 3 weeks for week for a period not to No exceptions
sod and 4 weeks for sod and 4 weeks for exceed 3 weeks for sod
seed seed and 4 weeks for seed
that is installed from
8/16 thru 5/14
Special watering
Special watering Special watering schedule to
schedule to schedule to accommodate medical
accommodate medical accommodate hardship. No watering
b. Medical hardship hardship. No watering medical hardship. No on Monday thru No exceptions
on Monday and watering on Monday Thursday and between
between the hours of thru Thursday and the hours of 10 a.m.
10 a.m, and 6 p.m. between the hours of and 6 p.m. Must
10 a.m, and 6 p.m. comply with 2 hr/week
restriction
Water on one Water on one selected
Water on two selected day. No watering
days. No watering on selected day. Nowaterin Monda thru Monday then Thursday
g y
c. Religious objection Monday and between and between the hours No exceptions
the hours of 10 a.m. Thursday andbetween the hours of of 10 a.m. and 6 p.m.
and 6 p.m. 10 a.m. and 6 p.m. Must comply with 2
hr/week restriction
5
Response Response Response Response
Level1 Leve12 Leve13 Leve14
Max of 1.00"per Max of 0.75"per
d. Turf areas of 4 acres week. May select up week. May select up
to 3 watering days. No to 3 watering days.
or more(excludes watering between the No watering between No exceptions No exceptions
areas defined in 2.e) hours of 10 a.m, and 6 the hours of 10 a.m.
p.m. and 6 p.m.
Max of 1.25"per Max of 1.00"per Only for select fields.
e. City and school district Max of 0.75"per week.
,seek. May water any week. May water any
y. No watering day. No watering May water any day. No No exceptions
parks&public da
athletic/playing between the hours of between the hours of watering between the
fields,golf courses hours of 10 a.m. and 6
10 a.m. and 6 p.m. 10 a.m. and 6 p.m.
p.m.
Sign required, Sign required, Sign required, Sign required,
f.Well or raw water registration registration registration registration
recommended recommended recommended recommended
3.Watering dirt for City
Park ball fields and Unrestricted Unrestricted Unrestricted Not allowed
construction sites for
dust control
Must apply for new No turf installation from
4. Turf installation for Must apply for new seed/sod permit or 5/15 thru 8/15. Must No turf installation.
new commercial seed/sod permit or request temporary apply for new seed/sod Temporary CO will be
construction request temporary CO CO permit or request allowed
temporary CO
May be watered by May be watered by
sprinkler on any day, sprinkler on any day,
5. Landscape watering other than between 10 other than between May be watered only by
a.m. and 6 p.m., and 10 a.m. and 6 p.m., hand, or drip system at Not allowed
by hand or by drip and by hand or by any time
system at any time drip system at any
time
May be watered by May be watered by
sprinkler on any day, sprinkler on any day,
other than between 10 other than between May be watered only by May be watered only by
6. Trees a.m. and 6 p.m., and 10 a.m. and 6 p.m., hand,drip system or hand, drip system or
by hand, drip system and by hand,drip deep root fork or needle deep root fork or needle
or deep root fork or system or deep root at any time at any time
needle at any time fork or needle at any
time
May be watered by May be watered by
sprinkler on any day, sprinkler on any day,
other than between 10 other than between May be watered only by May be watered only by
7. Food production 10 a.m. and 6-p.m., hand, or drip system at hand, or drip system at
a.m. and 6 p.m., and and by hand or by any time any time
by hand or by drip drip system at any
system at any time time
8. Vehicle washing at Must use shutoff Must use shutoff Not allowed from 6/1
home nozzle nozzle thru 8/31. Shutoff Not allowed
nozzle 9/1 thru 5/31
Once per week or as Once per month or as Not allowed unless Not allowed unless
9. City Fleet vehicle approved by the City approved by the City approved by the City approved by the City
washing Manager for health or Manager for health or Manager for health or Manager for health or
safety reasons safety reasons safety reasons safety reasons
10. Dealership vehicle Once per week Once per week Upon sale Upon sale
washing
6
Response Response Response Response
Level1 Leve12 Leve13 Leve14
11. Spraying impervious Not allowed, except Not allowed, except
surfaces(siding, for essential for essential Not allowed, except for Not allowed, except for
garages,sidewalks, powerwashing powerwashing
powerwashing essential powerwashing
driveways, patios)
Limited to critical Limited to critical Limited to critical Limited to critical
12. Hydrant Flushing& situations as approved situations as situations as approved - situations as approved
testing by the Utilities approved by the by the Utilities by the Utilities
Executive Director Utilities Executive Executive Director Executive Director
Director
13. Water feature Unrestricted No use allowed No use allowed No use allowed
14. Splash park Unrestricted Unrestricted No use allowed No use allowed
Unrestricted, if filled
15. Outdoor swimming Unrestricted Unrestricted Unrestricted before date restrictions
pool were implemented. No
filling of empty pools
Enforcement
1. Residential fines $50 to$1,000 $50 to$1,000 $100 to$1,000 $100 to$1,000
per violation
2. Non-residential $250 to$1,000 $250 to$1,000 $500 to$1,000 $500 to$1,000
fines per violation
Water Rate
Adjustments
Adjust water rates No adjustment 15%increase in all 25%increase in all 35%increase in all
current water rates current water rates current water rates
Adjust Excess Water Use 15%increase in 15%increase in 15%increase in
Surcharge No adjustment surcharge surcharge surcharge