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HomeMy WebLinkAboutOrdinance 2008-298 ORDINANCE NO. 2008 - ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, CREATING AND ADOPTING A CODE SECTION ENTITLED "WATER RESTRICTIONS", PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY, PROVIDING FOR WATER SHORTAGE PLAN; PROVIDING FOR DECLARATION OF WATER SHORTAGE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is concerned about the water resources for its residents and business owners; and WHEREAS, the City of Sunny Isles Beach believes that it is necessary to regulate the water usage during the time of declared water shortage; and WHEREAS, the City of Sunny Isles Beach wishes to assist the South Florida Water Management District in the implementation of its water shortage plans; and WHEREAS, the Mayor and City Council through the adoption of this ordinance seeks to protect the water resources of the City of Sunny Isles Beach from harmful effects of over utilization during periods of water shortage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Purpose and Intent. lt is the intent and purpose of this ordinance to protect the water resources of the City of Sunny Isles Beach from the harmful effects of over-utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan. Section 2. Definitions, The following definitions shall apply under this Ordinance. A. District is the South Florida Management District Department, B. Code E,?{orcement and Licensing Department is the City of Sunny Isles Beach Code Enforcement and Licensing Department. C. Person is any person. firm. partnership. association. corporation. company or organization of any kind. 1- Section 3. Section 4. Section 5. D, Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, water percolating, standing or flowing beneath the surface of the ground E. Water shortage condition is when sutlicient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. F. Water shortage emergency means that situation when the powers which can be exercised under part 11 of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Application of ordinance The provisions of this ordinance shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as determined by the district, whether from public or privately owned water utility system, private wells, or private connections with surface water bodies. This ordinance shall not apply to persons using treated effluent or saltwater. Amendments to water shortage plan. Chapter 40E-21 , Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of the City of Sunny Isles Beach Code. Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the City of Sunny Isles Beach by the South Florida Water Management District shall invoke the provisions of this ordinance. Upon such declaration all water use restrictions or other measures adopted by the district applicable to City of Sunny Isles Beach or any portion thereof, shall be subject to enforcement actions pursuant to this ordinance. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code or any other issued pursuant thereto shall be violation of this article. 2 Section 6. Enforcement of Penalties and Appeal. The provisions of this Ordinance shall be enforced in accordance with Chapter 14 of the Code of the City of Sunny Isles Beach. Any aggrieved party shall have the right to appeal any assessed penalties pursuant to Chapter 14 of the Code of the City of Sunny Isles Beach. The Code Enforcement and Licensing Department and the Police Department of the City of Sunny Isles Beach shall be responsible for the enforcement of the provisions of this Ordinance. Any person or entity found to be in violation of any section of this Ordinance shall be subjected to the following penalties: Violations per offence Correspondin2 Fine Phase I - Water Restrictions First Offence Warning Notice Second Offence Citation in the amount of$75.00 Third Offence Citation up to $500.00 Fourth offence and any subsequent Fine not to exceed $500.00 and / or violations imprisonment in the county jail not to exceed 60 days Phase II or Phase III First Offense Citation in the amount 01'$75.00 Second Offence Citation UP to $500.00 Third Offence and any subsequent Fine not to exceed $500.00 and / or violations imprisonment in the county jail not to exceed 60 days Section 7. Section 8. Section 9. Severability. The provisions of this Ordinance are declared to be severable and ifany 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 shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Inclusion in the Code, It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become an appendix to the City of Sunny Isles Beach Code; 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, as required. ') J Section 10. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this '..l.ls+ day of~, 2008. PASSED AND ADOPTED on second reading this z..o~ay ofm~, 2008. ATTEST: ~IA~ Jane Hines, City Clerk APPROVED S Tg'FORM A E / FFICIENCY Moved by &~~~ Seconded by: ~ ~ A../ Vote: 6-t) Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl v/Ves) VY es) V V es) VY es) Vv es) _No) _No) _No) _No) _No) 4 I CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, March 20,2008, at 7:30 p.m., to consider final adoption of the following proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING AND ADOPTING A CODE SECTION ENTITLED "WATER RESTRICTIONS", PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR WATER SHORTAGE PLAN; PROVIDING FOR DECLARATION OF WATER SHORTAGE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.. Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles Beach, Florida, 33160, Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because ofthat disability should contact the City Manager at 305-947- 0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792- 1590 for assistance, Page I of I TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Cily Commission ;'I;orman S. Edelcup, Mayor Lewis J. Thaler, Vice A4ayor Roslyn Brezin, Commissioner Gerry Goodman. Commissioner George '"Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947.2150 Building Department (305) 947-5 107 Fax A. John Szerlag, Cil)' Alanager lIans Ottinot, City AI/orney .Jane A. llines, C\IC Cily Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director February 21, 2008 Water Restrictions RECOMMENDATION: It is recommended that the City Commission approves the attached Ordinance relating to Water Restrictions. REASONS: The water levels in Lake Okeechobee, the main source of water supply for South Florida have decline in the past two years. The rainy season has passed and the levels continue to decline. As such gradually Level I and Level II Water Restrictions were imposed. Water Restriction level Highlights of the Restrictions Phase Level II (Less than 5 - 4:00 a.m. to 8:00 a.m. odd numbers (Wednesdays and acres) no exception for Saturdays Government Facilities) - 4:00 a.m, to 8:00 a.m. even numbers (Thursdays and Sundays Effective January 15th the South Florida Water Management District imposed Level III restriction in South Florida encompassing the City of Sunny Isles Beach, below are the highlights of this restrictions: Funding ayailablc: To be com let, 9A 3- 2.0- O~ Agenda Item Agcn( Comr Date i\lcmo For Water Restrictions. Doc Water Restriction level Phase Level III (Less than 5 acres) no exception for Government Facilities) Hi hli hts of the Restrictions Chose one 4 hour window: - 4:00 a.m, to 8:00 a.m. or 4:00 p.m. to 8:00 p,m. Odd numbers: Monda s Even Numbers: Thursda s The Community Development Department in an effort to protect the water resources of the City of Sunny Isles Beach from the harmful effects of over-utilization during this period of shortage, and to assist the South Florida Water Management District in its implementation of the water conservation plan, finds it necessary to enact this Ordinance. This Ordinance provides for a declaration of a water shortage emergency in the City of Sunny Isles Beach, it provides for enforcement under Chapter 14 better known as Code Enforcement and provides for penalties to those that violate it. All fines will remain with the City of Sunny Isles Beach. SOUTH FLORIDA WATER MANAGEMENT DISTRICT r " - \. quick facts on... RESIDENTIAL/COMMUNITY Water-Use Restrictions PHASE II ( The South Florida Water Management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's pve water ma nagement districts, Our Mission is to manage and protect water resources of the region by balancing and improving water quality, ~ood control, natural systems, and water supply. Water Shortages Water shortages and water conservation fall under the District's mission for water supply. South Florida depends upon rainfall for its water supply, While South Florida gets an average of 52 inches of rain a year, the rainfall is seasonal, falling mostly in the summer and fall. The rainfall is also cyclical, meaning there are typically 1 O-year cycles of drought and flood. To manage water shortages in an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short. (See. 373.246, Florida Statutes; Ch. 40E-21, Florida Administrative Code). The goal is to protect the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair distribution of available supplies. NOTE This document represents a summary of Phase II water-Use Restrictions as they apply to residential! community use. For more details, or for a copy of the water Shortage Rule visit www.sfwmd,gov Water Users Water users are grouped into categories according to use - residential. agricultural, industrial, recreational, etc. - and, according to the source from which the water comes. Residential users are the largest user-group affected by water restrictions. water restrictions DO apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. Water-Use Restrictions The District has established specific water-use restrictions according to the severity of the water shortage - Phase I, moderate; Phase II, severe; Phase III, extreme; and, Phase IV, critical - each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These actions are intended to produce a 30 percent reduction in overall demand -..... APRIL 2007 on our water resources by all users, Because all users do not use the same amount of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is up to ALL water users from all sources to get us to the overall 30 percent reduction. General Guidelines . All wasteful and unnecessary water use is prohibited. . Essential services involving public health and safety, such as fire fighting, are not restricted. . Water-use restrictions DO NOT apply to the use of reclaimed water. . Water restrictions DO apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers, Exceptions: 100 percent reclaimed water use is not restricted. . Any exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Residential/Community Water-Use Restrictions PHASE II Summary Because about half the drinking water used in South Florida is for landscape irrigation, the District targets outside water use for restrictions, Irrigation is most efficient in the early-morning hours when less evaporation occurs. ;.... .............. ~:. a~-~ ~,.Gr. '''... I . ~..i~':i -: ~. ~.~...---'VU ~ f~{)(~J~/; ~U~)e.( - It's Worth Saving Landscape Irrigation a Maintenance for Homes and Businesses With Less Than Five Acres of Land . Watering is permitted on Wednesdays and Saturdays from 4 a.m.-8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9). . Watering is permitted on Thursdays and Sundays from 4 a.m.-8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. . Hand watering with one hose and an automatic shut-off nozzle is also allowed from 5 p.m.-7 p.m. on the same days. . New landscaping, planted for less than thirty days, may be watered Monday through Friday from 2 a.m.-8 a.m. . Hand watering with one hose and an automatic shut-off nozzle of new landscaping shall be voluntarily reduced. . Watering in of pesticide/fertilizer by homeowners or nonlicensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. . Watering in of pesticide/fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. . When cleaning, adjusting or repairing existing irrigation systems, ten minutes of operating the irrigation system per zone/per week is permitted. And, 10 minutes per zone of system operation is permitted on a one-time basis for new irrigation systems. Landscape Irrigation a Maintenance for Homes and Businesses With More Than Five Acres of Land . Watering is permitted on Wednesdays and Saturdays from 12:01 a.m.- 8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9). . Watering is permitted on Thursdays and Sundays from 12:01 a.m.- 8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. . New landscaping, planted for less than thirty days, may be watered Monday through Friday from 12:01 a.m.- 8 a.m. . New landscaping watering by hand with one hose and an automatic shut-off nozzle shall be voluntarily reduced. . Watering in of pesticide/fertilizer by homeowners or non licensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. . Watering in of pesticide/fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. . When cleaning, adjusting or repairing existing irrigation systems, ten minutes of operating the irrigation system per zone/per week is permitted. And, 10 minutes of system operation is permitted on a one-time basis for new irrigation systems. RESIDENTIAL/COMMUNITY WATER-USE RESTRICTIONS -1:.I:r:l.1:111 Car, Boat a Equipment Washing (Residential/Unlicensed Individual Company) . Washing of cars, boats and other equipment is pennitted 4 a.m.-8 a.m. and 5 p.m.-7 p.m. on the landscape watering days. Washing must be done on, or must drain to, a non-paved surface that permits water to soak into the ground. And, it must be done using a hose with an automatic shut-off nozzle and/or low-volume pressure cleaner. . Washing and detailing of cars if done by a licensed individual or company using an automatic shut-off nozzle and low water.use techniques shall be voluntarily reduced. . Rinsing and flushing of boats after saltwater use is allowed once a day for up to 15 minutes per boat. I I Other Outdoor Water Uses . Washing or rinsing of sidewalks, driveways, streets or other paved surfaces is NOT ALLOWED at any time unless done with low-volume pressure cleaning equipment. That is, the equipment must be designed to reduce the volume of water used. l!~ . Low-volume pressure cleaning of any surface and structure is pennitted. . Live-aboard boats that serve as a primary residence may be washed or rinsed during the landscape watering day/time schedule based on the number of the boat slip or the address of the location of the dock. . Filling or refilling of swimming pools is allowed. If a pool is emptied, it must drain onto a non-paved surface such as a lawn. . Re-circulating fountains and ornamental water features may be operated if the water use is efficient, meaning that there is no wind drift, leaking or overflowing of water. Further Water Supply Shortages The District may declare more stringent restrictions as set forth in Phases II, III and IV. For the average person, the major difference in the phases is the number of days and hours that water may be used outside the home. Residential/Community irrigation hours: Phase II, two days per week for 4 hours; Phase III, one day for three hours; Phase IV, one day for one hour; and, in more severe conditions, the District may restrict all outside watering. For more information, visit our web site at www.sfwmd.gov/conserve or call our Water Conservation Hotline at (800) 662-8876. e ~-- -~ SERVICE CENTERS Martin/st. lucie 772-223-2600 or 800-250-4100 Miami-Dade 305-377-7274 or 800-250-4300 Okeechobee 863-462-5260 or 800-250-4200 Orlando 407-858-6100 or 800-250-4250 Palm Beach County 561-682-2283 or 800-432-2045 - JR0404/07 South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 561-686-8800' FL WAYS 800-432-2045 www.sfwmd.gov MAILING ADDRESS: P.O, Box 24680 West Palm Beach, FL 33416-4680 Big Cypress Basin/Naples 239-263-7615 Broward 954- 713- 3200 Florida Keys (plantation Key) 305-853-3219 or 800-464-5067 lower west Coast 239- 338-2929 or 800-248-1201 SOUTH FLORIDA WATER MANAGEMENT DISTRICT RESIDENTIAL WATER-USE RESTRICTIONS ~---1j\~ Browarct Glades, Hendry, Marlin, Miami-Dade, Monroe, Okeechobee, ~ ~ Palm Beach and St. Lucie counties, except the Town of Highland Beach (I ~ \-'- Effective: 1/15/08 - Enforced by Local Government Agencies ~ I Irrigation Restrictions apply to all traditional sources of water - from a utility, an individual well or withdrawals from a canal, lake or pond. Less than 5 acres: 5 acres and more: Odd-number Addresses: Monday Odd-number Addresses: Monday Even-number Addresses: Thursday Even-number Addresses: Thursday Choose one 4-hour window - Choose either - 12 a.m. to 8 a.m. either 4 a,m. to 8 a.m, OR 4 p,m. to 8 p.m. - OR 4 p.m. to 11 :59 p.m. - NOT during both time periods NOT during both time periods Multi-Use Family Units/Multi-Use Complexes (Includes homeowners associations; a variance is not required) Less than 5 acres: For entities that irrigate both odd and even addresses: Thursdays Choose one 4.hour window - either 4 a.m. to 8 a,m, OR 4 p.m. to 8 p.m. - NOT during both time periods 5 acres and more: For entities that irrigate both odd and even addresses: Thursdays 12 a.m, to 8 a.m, AND 4 p.m. to 11 :59 p.m. (To cycle through all irrigation zones) No area may be irrigated more than one time per week. New Plantings. Sod or Landscape Less than 5 acres: Any days except Friday: 2:00 a,m. to 8:00 a.m. (in place for less than 30 days) Monday, Wednesday, Thursday and Saturday: 2:00 a.m. to 8:00 a,m, (in place for 31 to 60 days) 5 acres and more: Any days except Friday: 12:01 a.m. to 8:00 a.m. (in place for less than 30 days) Monday, Wednesday, Thursday and Saturday: 12:01 a,m, to 8:00 a.m, (in place for 31 to 60 days) Hand Watering For stressed plants, 10 minutes per day on any day using a single hose with an attached automatic shut-off nozzle, Fertilizer and Pesticide Water-In and Irrigation System Repair Not restricted, but voluntary conservation is recommended, and wasteful water use is prohibited. Attendant should be present. Reclaimed Water The use of 100% reclaimed water for irrigation is exempt from restrictions. Vehicle Washing. Pressure Washing. Decorative Fountains and All Other Outdoor Water Uses Allowed anytime; however, voluntary conservation is encouraged. When washing a car, park it over a non-paved surface to limit runoff and use a hose with an automatic shut-off noule, Limit boat rinsing to 1 5 minutes after it has been in salt water. Use pressure washing equipment with a flow rate of 1,000 to 4,000 pounds per square inch (psi). Decorative fountains may run anytime if they re-circulate water and don't spray water out of the fountain basin, Indoor water use is .not restricted, but voluntary conservation is encouraged. Variances You may apply for a variance from water restrictions, The application form and instructions are online at www.sfwmd.gov. For more information about variances, call (800) 432-2045, For more information on water shortage restrictions, visit our web site at www.sfwmd.gov/conserve or call our Water Conservation Hotline at (800) 662-8816 to request more information. SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMMERCIAL WATER-USE RESTRICTIONS~, ......-1J\~ Broward, Glade~ Hend~ Martin, Miami-Dade, Monroe, Okeechobee, ~ t Palm Beach and St. Lude counties, except the Town of Highland Beach (I ,., \f Effective: 1/15/08 'I l Enforced by the South Florida Water Management District South Florida Water Management District permitted water users - large water users such as golf courses, nurseries, agriculture and recreation areas are required to achieve a 45% reduction in their overall water consumption Pennit holders report usage weekly to tl1e South Florida Water Management District. Golf Courses Golf courses must reduce their allocated water use by 45%. They are not restricted to watering at certain days or times. Where possible, golf courses should limit watering to early mornings or evenings to reduce water loss through evaporation. Permit holders must report their weekly water usage at www.sfwmd.gov/conserve Agriculture Agricultural water users may not use overhead irrigation systems from 10 a.m. to 2 p.m. Stress reduction watering for field-grown citrus nursery stock is allowed daily for 10 minutes per irrigation zone from 11 :30 a.m. to 12 p.m., and from 1 :30 p.m. to 2 p.m. Hand-watering and low-volume irrigation should be voluntarily reduced. Water withdrawals from the (-23, (-24 and (-25 canals in Martin and S1. Lucie counties will stop if those canals drop to 14 feet above sea level. Plant Nurseries Nursery owners may operate overhead irrigation systems seven days a week from 8 a.m. to 6 p.m. for inside or shaded plants, and from 7 p.m. to 5 a.m. for outside plants. Stress reduction watering for containerized stock is permitted from 10 a.m. to 4 p.m. for 10 minutes per irrigation zone. Hand-watering should be voluntarily reduced. No irrigation is allowed on days with sufficient rainfall. Users shall install a rainfall cut-off switch or similar measuring device to determine when there has been enough rain to meet irrigation demands. Tennis Courts. Sports Turf and Other Athletic Fadlities To maintain safe playing field conditions, sports turf can be watered 20 minutes anytime between 11 p.m. on the preceding day to 7 a.m. on Tuesdays, Thursdays and Sundays. For example: watering can occur between 11 :30 p.m. and 11 :50 p.m. on Monday night, or from 6 a.m. to 6:20 a.m. on Tuesday morning. Clay or Har- Tru tennis courts may be watered daily at 10 a.m. and 10 p.m. for up to 10 minutes. Infields can be watered twice daily, once before 9 a.m. and once after 4 p.m. for up to 10 minutes. Water Utility Line Flushing Utility water line disinfection and flushing may be done as needed for public health and safety purposes. The utility should divert the water to a pervious area and not allow it to flow into roadways or to collect on impervious surfaces. The utility is required to post a sign at any flushing location informing the public of the health and safety purpose and indicating that the action is in compliance with water-use restrictions. Variances You may apply for a variance from water restrictions. The application form and instructions are online at www.sfwmd.gov. For more information about variances, call (800) 432-2045. For more information on water shortage restridions, visit our web site at www.sfwmd.gov/conserve or call our Water Conservation Hotline at (800) 662-8876 to request more information. JROl1111OX O'Leary Richards Design Associates, Inc. Li\ndsc~pe Architecture & Plimning Oak Plaza Professional Center 8525 SW 92nd Street. Suite C 11 Miami. Florida 33156 Phone: 305.596.6628 Fax: 305.596.9160 LC26000175 Memtwr of the Amcric~n Society of lrmdscape Architects February 14, 2008 Mr. Robert Solera Director of Community Services Building Department City of Sunny Isles Beach 18070 Coli ins Avenue Sunny Isles Beach, FL 33160 Re: Effects of Phase III South Florida Water Management District Water Restrictions Dear Mr. Solera: According to the South Florida Water Management District (SFWMD), with rainfall in 2006 and 2007 far below normal, South Florida is experiencing the third driest season on record. Because of the regional water shortage conditions, the SFWMD has imposed the most restrictive water regulations in history which became effective January 15, 2008. The restrictions encompass all of South Florida, including the City of Sunny Isles Beach. Currently. all existing landscaped areas in Sunny Isles are limited to a mandatory one day a week water restriction with the following exceptions. Sub- surface irrigation that is installed in the medians on Collins Avenue (excluding bull noses) is not restricted, but voluntary reduction of water use is encouraged. All newly planted material that is in place 30 days or less can be watered 6 days a week for the first month and 4 days a week for the second month. I f necessary. hand watering (via a water truck) is permitted for stressed plants for 10 minutes per day using a hose with an automatic shut-off nozzle. To maintain safe playing field conditions, sports turf can be watered 3 days a week for 20 minutes. There are several drought tolerant shrubs and groundcovers that can be used to replace the high water consumptive vegetation such as the seasonal plantings. However, it should be understood that the color and intensity of the seasonal flowers will not be achieved. Since seasonal plantings are replaced every 3 to 4 months, the restrictions allow these plantings to be watered with regular frequency for a portion of their life cycle. Therefore, the seasonal plantings should show only moderate diminishment in their color and intensity for approximately 2 to 3 months a year. In addition, other measures such as adding water absorbing polymers to the potting soil should be considered in order to increase the moisture retention in the soil. Mr. Robert Solera February 14, 2008 Page two Achieving a natural healthy balance in the landscape starts by putting the right plant in the right place. Matching plants to existing conditions helps them thrive with reduced irrigation once established. Maintaining 2 to 4 inches of mulch also helps in retaining moisture in the soil. With the exception of the seasonal color and certain flowering shrubs, a majority of the plant material within the right-of-ways and parks in Sunny Isles Beach consist of established native and natural ized plant material that is drought tolerant, and therefore, should thrive even with the newly imposed water restrictions. In conclusion, when planning new projects or replacing existing plant material, xeriscape landscape principles should be utilized. The term xeriscape means water-conserving. drought-tolerant landscaping, and the use of the right plant in the right place with proper maintenance and water-wise irrigation. Once the landscape is established, the right plant in the right place will be highly self- sufficient, needing little help to survive nature's extremes. Very truly yours, O'LEARY RICHARDS DESIGN ASSOC.. INC. Kathryn O'Leary Richards, ASLA Page 1 of 1 Priscilla Walker From: Priscilla Walker Sent: Thursday, April 17, 200812:53 PM To: Robert Solera; Clayton Parker Cc: Helena Forbes; Elena Del Campillo; Paola Villa; Jasmine Barnes Subject: Legislation Approved at March 20, 2008 City Commission Meeting Attachments: R2008-1236.PDF; 02008-298.PDF; LPA Reso 2008-49.PDF; 02008-299.PDF; LPA Reso 2008-50.PDF; 02008-300. PDF At its regular meeting of March 20, 2008, the City Commission approved the attached legislation. Item DescripJion Resolution No. 2008-1236 Approval of Final Order re TRAN Bid Protest Ordinance No. 2008-298 Water Restrictions LP A Resolution 2008-49 & Volunteer Program for Extension of Ordinance 2008-299 Development Approvals LP A Resolution 2008-50 & Clarification of Expiration of Pri vate TD Rs Ordinance No. 2008-300 Thank you. Prisci[{a Wa[ksr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax 1/f'lV'N. sibfl.net Please note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/1 7/2008