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ORD 2006-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A WATER CONSERVATION PLAN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING LAWN AND LANDSCAPE IRRIGATION CONSERVATION REGULATIONS; REQUIRING RAIN SENSING DEVICES AND FREEZE GAUGES; PROVIDING FOR VARIANCES; PROVIDING FOR APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trophy Club Master District contracts with the City of Fort Worth to provide water to the residents of Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2; and WHEREAS, the Town of Trophy Club provides enforcement of regulations relative to water use and conservation; and WHEREAS, on April 19, 2005, the Fort Worth City Council adopted a water conservation plan through the enactment of Resolution No. 3190-04-2005 ("Water Conservation Plan"); and WHEREAS, the Water Conservation Plan proposes a goal of reducing water consumption to a level of 190 gallons per capita per day by 2010 and 180 gallons per capita per day by 2015; and WHEREAS, the City of Fort Worth as a contracting party with the Trophy Club Master District has requested that the Master District and the Town adopt and enforce the Water Conservation Plan; and WHEREAS, the Town Council recognize the crucial public health and safety issues that will arise if there is a shortage of water, including but not limited to the inability to effectively fight fires, and further recognize the need to be proactive to conserve water resources; and WHEREAS, the Town Council finds that conservation of future water supplies requires efficient use of existing water supplies; and WHEREAS, in order to protect public health, safety and welfare, the Town Council has determined it necessary and appropriate to adopt the Water Conservation Plan outlined in this Ordinance in order to allow enforcement of the Water Conservation Plan. NOW THE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. LAWN AND LANDSCAPE IRRIGATION CONSERVATION 2.01 Restrictions. Except for hand watering and the use of soaker hoses, a person shall not irrigate, water, or cause or permit the irrigation or watering of any lawn or landscape located on premises owned, leased, controlled, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. daily during the period from June 1 through September 30 of any year. 2.02 A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, controlled, 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. 2.03 A person commits an offense if, on premises owned, leased, controlled, or managed by that person, he 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. SECTION 3. RAIN -SENSING DEVICES AND FREEZE GAUGES 3.01 Any commercial or industrial customer class irrigation system installed within the Town on or after June 1, 2006 must be equipped with rain and freeze sensors. 3.02 Any commercial or industrial customer class irrigation system installed within the Town before June 1, 2006 may not be operated after June 1, 2007 without being equipped with rain and freeze sensors. 3.03 The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the Town's ordinances. All rain and freeze sensors for commercial customer class lawn irrigation systems shall undergo annual inspection and testing as required by the Town's ordinances. 3.04 Any residential customer class irrigation system installed within the Town on or after June 1, 2007 must be equipped with rain and freeze sensors. 3.05 It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or permit the installation of or the operation of, an irrigation system in violation of this ordinance or any other ordinance of the Town on premises owned, leased, controlled, or managed by that person. SECTION 4. VARIANCE 4.01 Extreme Hardship. The Director of Community Development may grant variances from the provisions of this Ordinance to persons demonstrating extreme hardship and need as determined by the Director and only under the following conditions: a. The applicant must sign a compliance agreement on forms provided by the Director, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance. b. Granting of a variance must not cause an immediate significant reduction in the Town's water supply. C. The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it. d. The health, safety or welfare of other persons must not be adversely affected by granting the variance. 4.02 Revocation of Variance. The Director may revoke a variance granted when the Director determines that: a. The conditions of subsection 4.01(a) are not being met or are no longer applicable; or b. The terms of the compliance agreement are being violated; or c. The health, safety or welfare of other persons requires revocation. SECTION 5. APPEALS An appeal of a decision of the Director of Community Development denying a variance request or placing conditions on a variance under this Ordinance may be made by a person aggrieved by such determination by such person filing a written notice with the Town within five (5) business days of the issuance of the written decision of the Director. Such notice shall specifically identify the basis for the appeal from the denial of a variance or from the conditions placed upon a variance and the reasons that the appellant believes relief is necessary, including but not limited to providing the specific extreme hardship that the appellant claims. Upon timely filing of such written appeal, the Zoning Board of Adjustment, acting in its capacity as Building Board of Appeals shall hear such appeal within fifteen (15) business days and shall make a determination regarding the denial of such variance request or the conditions placed upon a variance. Failure to timely appeal shall mean that the decision of the Director is final. The decision of the Zoning Board of Adjustment shall be final. SECTION G. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such ordinance on the date of adoption of this Ordinance or under such portion of any other Ordinance incorporating water conservation regulations shall continue to be governed by the provisions of such Ordinances and for that purpose the Ordinances shall remain in full force and effect. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting water conservation which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 10. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 11. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by State law and Town Charter. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22"a day of May, 2006. 6 /- 5;,5 Mayor Effective Date: May 27, 2006 ATTEST: �'Tbwn Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL]