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Ordinance No. 90-10-213 ORDINANCE NUMBER 90 -10 -213 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III TO ADD NEW DIVISION 9, FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION AS SET FORTH WITHIN ATTACHED EXHIBIT A AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. RECITALS WHEREAS, The Florida Legislature finds that the use of Florida- friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the State's efforts in water conservation and water quality protection and restoration, and that Florida - friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. WHEREAS, following a public hearing before the City Commission on October 25, 2010, the City Commission hereby finds that adoption of this Ordinance supports the above stated legislative intent and serves to comply with and implement Condition #33 of Consumptive Use Permit Number 810. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, the Land Development Regulations, Article III, Zoning Regulations, is hereby amended to add new Division 9, Florida- friendly Landscaping and Irrigation to the Code of Ordinances for the City of Atlantic Beach, Florida and upon enactment shall read as set forth within EXHIBIT A, attached hereto. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this 11th day of October, 2010. Passed upon final reading and public hearing this 25th day of October, 2010. All- AAA4-t Mike Borno, Mayor /Presiding Officer Approve to form and correctness: 141 V,/ JAit AL . N JENSEN, ESQUIRE, City Attorney d V ATTEST._ DONNA L. BARTLE, CMC, City Clerk Ordinance Number 90 -10 -213 Page 1 of 1 Effective Date: 10/ Z 6 /lo EXHIBIT A DIVISION 9. FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION. Sec. 24 -178. Purpose and intent. The Florida Legislature finds that the use of Florida - friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the State's efforts in water conservation and water quality protection and restoration, and that Florida - friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. Sec. 24 - 179. Florida friendly landscaping defined. Florida - friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance. Sec. 24 - 180. Definitions. The following definitions are to be used in addition to and in conjunction with those contained in Sections 24 -17 and 24 -176 of this Chapter and also Chapter 23, Protection of Trees and Native Vegetation, of City Code. Automatic Irrigation System shall mean an artificial watering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants. Emitter shall mean the sprinkler head or other device that discharges water from an irrigation system. High Volume Irrigation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (gph) or one- half (.5) gallons per minute (gpm) or greater. High Water Use Hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses. Hydrozone shall mean an irrigation watering zone in which plant materials with similar water needs are grouped together. Hydrozone Plan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone. Irrigation Zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve. Landscaped Area as used in this Division shall mean the vegetated area of a Lot or Parcel including planted and natural areas. Page 1 of 3 Exhibit A to Ordinance 90 -10 -213 Low Volume or Micro Irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems. Native Vegetation shall mean any plant species with a geographic distribution indigenous to all or part of the State of Florida as identified in: Wunderlin, R.P.1998, Guide to the Vascular Plants of Florida. University Press of Florida, Gainsville. Sec. 24 -181. (a) Applicability. Where an Automatic Irrigation System is required by this Code or installed at the option of the property owner, the provisions of this Section shall apply to the following. (The term Lot(s) and Parcel(s) may be used interchangeably.) (1) Previously undeveloped Lots and the common Landscaped Areas of new subdivisions, or (2) where new irrigation systems are installed on previously developed lots, or (3) when more than fifty (50) percent of the irrigation system on a Lot is replaced. Fifty percent shall be construed to mean more than half the length of lateral irrigation lines or more than half of the Emitters. Except as set forth above, these provisions shall not be construed to require changes to permitted or properly installed existing irrigation systems or to landscaping existing as of the effective date of this ordinance. These provisions shall also not apply to bonafide agricultural, greenhouse or nursery activities or to golf courses or athletic fields. (b) Appropriate Plant Selection, Location and Arrangement. (1) Plant selection. Plants used for Florida- friendly lawns and landscaping should be based upon the plant's compatibility with existing conditions of the site including soil type, moisture and light conditions and size at maturity. Consideration should be given to drought and freeze tolerance plants, and where site conditions are suitable, preference in trees should be given to Native Vegetation and hardwoods that create shade. Appropriate plants are described within the Florida - friendly Plant List published by the University of Florida, Extension Institute of Food and Agricultural Sciences (IFAS) or as may be found in other qualified sources of horticultural information. (2) Location and Arrangement. A key component to saving water and promoting plant health is to group plants in Hydrozones according to their water needs. Factors such as soil, climate, sunlight and salt tolerance should also guide the grouping and selection of plants. Low, moderate and high water use Hydrozones are described by the following characteristics. i. Low water use Hydrozones contain plants that rarely require supplemental watering and that are drought tolerant during extreme dry periods such as native shrubs and vegetation, established trees and ground covers and wooded areas. ii. Moderate water use Hydrozones contain plants that once established require irrigation every two to three weeks in the absence of rainfall or when they show visible stress such as wilted foliage or pale color. These are typically perennials, seasonal plants and flower beds. iii. High water use Hydrozones contain plants that require supplemental watering on a regular basis throughout the year. These areas include turf and lawn grasses and are typically characterized as high visibility focal points of a landscaping design where High Volume Irrigation is used. Page 2 of 3 Exhibit A to Ordinance 90 -10 -213 (3) Turf and lawn grasses. Irrigated grass and turf areas shall be considered as High Water Use Hydrozones, and shall be located so that they can be watered using separate Irrigation Zones. These areas should be consolidated to locations where the functional need calls for lawn and where site conditions are conducive to the health and maintenance of grasses rather than considered as just a fill -in area. For example, despite all efforts, lawn grasses will rarely grow to be healthy and lush under the heavy shade of a dense tree canopy which is emblematic of Atlantic Beach, while ferns, certain ground covers and low - growing native plants flourish with little attention. (4) Irrigation system design. Automatic Irrigation Systems shall be designed to meet the requirements of Appendix F of the Florida Plumbing Code, as adopted by Chapter 6, Article IV of City Code and also the requirements of Section 22 -39 of City Code. The following shall also be incorporated into the Automatic Irrigation System design. i. High water use Hydrozones shall be located on a separate Irrigation Zone. ii. High Volume Irrigation is limited to sixty (60) percent of the total Landscaped Area of the Lot. For lawns and turf areas that exceed sixty (60) percent of the total Landscaped Area of the Lot, Low Volume Irrigation may be used as needed. iii. At least one moisture sensor shall be located in each Irrigation Zone. iv. Emitters shall be sized and spaced to avoid excessive overspray on to impervious surfaces. (c) Hydrozone Plans. Where an Automatic Irrigation System is installed and an irrigation system permit is required, a Hydrozone Plan shall be submitted in accordance with the following. Hydrozone Plans can be prepared by a properly licensed and qualified contractor or by the property owner. (1) For new Single - family or Two - family Dwellings, or for previously developed lots installing a new or modified irrigation system per preceding paragraph (a)(3), the Hyrdozone Plan may be depicted on a survey or on a site plan prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of particular low, moderate and high water use areas on the plan with the percentage of the Landscaped Area using High Volume Irrigation indicated. Recognizing that homeowners often install their own irrigation systems, a survey accurate Hydrozone Plan shall not be required in such cases, but the Hydrozone Plan should generally depict all Hydrozones, as described in preceding paragraph b(2). At a minimum, high water use areas using High Volume Irrigation must be on a separate Irrigation Zone. (2) All other Development, except as described by the preceding paragraph, shall provide a Landscape Plan as required by Section 24 -177. Hydrozone details may be shown on the Landscape Plan or on a separate sheet drawn at the same scale as the Landscape Plan. In addition to the Landscape Plan requirements of Section 24 -177, the Hydozone Plan shall delineate landscape areas, major landscape features, and plant selections and low, medium and high water Hydrozones consistent with preceding paragraph (b). (3) Prior to receiving final Landscape Plan approval, final inspection or Certificate of Occupancy as may be applicable, written verification must be provided by a properly licensed qualified contractor, or the property owner, verifying that all irrigated areas are consistent with this Division. Secs. 24 -182. through 24 -185. Reserved. Page 3 of 3 Exhibit A to Ordinance 90 -10 -213