Loading...
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