O557ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS ADOPTING
AN UPDATED DROUGHT CONTINGENCY AND EMERGENCY
WATER MANAGEMENT PLAN; AMENDING CHAPTER 23, "WATER,
SEWERS AND SEWAGE DISPOSAL" OF THE KENNEDALE CITY
CODE OF ORDINANCES BY REPEALING ARTICLE VI, "DROUGHT
CONTINGENCYIWATER EMERGENCY MANAGEMENT PLAN" AND
ADOPTING A NEW ARTICLE VI; AMENDING CHAPTER 23 BY
ADOPTING A NEW ARTICLE X "LAWN AND LANDSCAPE
IRRIGATION "; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (the ACity @) is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the City is a wholesale water service customer of the City of Fort Worth;
and
WHEREAS, as a wholesale customer of the City of Fort Worth, the City is required to
institute the same rationing and water use restrictions on City customers as does the City of Fort
Worth for so long as any part of the total water supply is furnished by the City of Fort Worth;
and
WHEREAS, as a wholesale customer of the City of Fort Worth, the City is required to
adopt an updated drought contingency and emergency water plan; and
WHEREAS, the City has drafted a "Drought Contingency and Emergency Water
Management Plan" which complies with Chapter 288, Title 30 of the Texas Administrative
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
That the Drought Contingency and Emergency Water Management Plan attached as
Exhibit "A" is hereby adopted and incorporated herein for all purposes. The Drought
Contingency and Emergency Water Management Plan hereby adopted shall replace any previous
such plans adopted by the City.
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SECTION 2.
That Article VI, "Drought Contingency/Water Emergency Management Plan" of Chapter
23, "Water, Sewers and Sewage Disposal" is repealed in its entirety and replaced with the
following:
"ARTICLE VI. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT
PLAN
Sec. 23 -336. General
The Drought Contingency and Emergency Water Management Plan ( "Plan ") outlines the city's
water emergency water demand management efforts. The City will revise the Plan as needed to
meet objectives requested by the Texas Commission on Environmental Quality, regional water
planning groups, the City of Fort Worth and to meet the goals stated in the Plan. The Plan
established in this Article shall be administered by the Director of Public Works of the city or
his/her duly appointed representative ( "director ").
Sec. 23 -337. Drought Contingency and Emergency Water Management Plan
(a) The City has adopted the Plan which is on file and available for inspection at the City
Secretary's office. The Plan may be amended from time to time by adopting an ordinance
amending the Plan.
(b) Purpose and scope The purpose of this section is to establish the city's policy in the event
of shortages or delivery limitations in the city's water supply and to establish water restrictions to
be enforced in case of drought or emergency conditions. This section applies to:
(1) All persons and premises within the city using water from the water system;
(2) All retail customers who live in unincorporated areas within the city's
extraterritorial jurisdiction and are served by the water system; and
(3) All wholesale service customers outside the city to the extent provided in
subsection (h).
(c) Authority The director is authorized to implement measures prescribed when required by
this section and by the Plan approved by the city council. The director is authorized to enforce
the measures implemented and to promulgate regulations, not in conflict with this section, the
Plan or state and federal laws, in aid of enforcement.
(d) Initiation of Plan stages. The director may order that the appropriate stage of the Plan be
initiated upon determination that drought conditions or a water emergency exists. To be
effective, the order must be made by some or all of the following methods:
(1) publication in the local newspaper;
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(2) publication on the city's website; or
(3) publication on utility bill inserts, the city's newsletter, or public access channel.
(e) Duration of stage; change. A stage will remain in effect until the conditions that triggered
initiation of the stage have been eliminated. If the stage is initiated because of excessive
demands, all initiated actions will remain in effect through September 30 of the year in which
they were triggered unless the director determines that conditions exist that will allow
termination of the stage before September 30. When conditions change, the director may
terminate, upgrade or downgrade the stage. Any such change must be made in the same manner
prescribed in subsection (d).
(f) Violation of section. A person commits an offense if he knowingly makes, causes or
permits a use of water contrary to the measures implemented by the director as prescribed in the
Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused
or permitted a use of water contrary to the measures implemented if the mandatory measures
have been formally ordered consistent with the terms of subsection (d) and:
(1) The manner of use has been prohibited by the Plan;
(2) The amount of water used exceeds that allowed by the Plan; or
(3) The manner or amount used violates the terms and conditions of a compliance
agreement made pursuant to a variance granted by the director.
(g) Penalties /enforcement of violations Any person who is convicted of violating,
disobeying, omitting, neglecting or refusing to comply with a measure implemented in
accordance with this section and the Plan will be given a written warning that he has violated a
mandatory water use restriction as a first offense. Any person who is convicted of violating,
disobeying, omitting, neglecting or refusing to comply with a measure implemented in
accordance with this section and the Plan may be fined not more than $2,000.00 for each
subsequent offense. In addition, the following penalties shall apply:
(1) A person who is convicted of violating, disobeying, omitting, neglecting or
refusing to comply with a measure implemented in accordance with this section and stage
1 of the Plan as a second offense, shall be fined not less than $100.00.
(2) A person who is convicted of violating, disobeying, omitting, neglecting or
refusing to comply with a measure implemented in accordance with this section and stage
2 of the Plan as a second offense, shall be fined not less than $250.00.
(3) A person who is convicted of violating, disobeying, omitting, neglecting or
refusing to comply with a measure implemented in accordance with this section and stage
3 of the Plan as a second offense, shall be fined not less than $500.00.
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(4) If a person is convicted of violating, disobeying, omitting, neglecting or refusing
to comply with a measure implemented in accordance with this section and the Plan as a
third offense, the director may either:
a. Install a flow restrictor in the water line to the premises where the
violations occurred to limit the amount of water that may pass through the meter
in a 24 -hour period or a lock -out device to a backflow assembly; or
b. Discontinue water service to the premises where the violation occurred.
(h) Wholesale service to customers outside the city. The director shall advise customers
receiving wholesale water service from the city of actions taken under the Plan. The director may
restrict service to customers outside the city as permitted under the contract and state law.
(i) Authority under other laws Nothing in this section shall be construed to limit the
authority of the mayor, the city council or the city manager to seek emergency relief under the
provisions of any state or federal disaster relief act.
0) Variances During the times the emergency order is operative, the director may grant
variances only under the following circumstances and conditions:
(1) The applicant signs a compliance agreement on a form provided by the director,
and approved by the city attorney, agreeing to use the water only in the amount and
manner permitted by the variance;
(2) Granting of the variance would not cause an immediate significant reduction in
the city's water supply;
(3) Failure to approve the variance would result in an extreme hardship or need
relating to the health, safety or welfare of the applicant; and
(4) Granting the variance would not adversely affect the premises at which the
violation occurred.
(k) Revocation of Variances The director may revoke a variance when he or she determines
that:
(1) The conditions of subsection 0) are not being met or are no longer applicable;
(2) The terms of the compliance agreement are being violated; or
(3) Revocation is advisable to protect the health, safety or welfare of other persons.
(1) Appeal. Denial or revocation of a variance by the director may be appealed to the city
manager by filing a written notice of appeal with the city manager within ten days after issuance
of the director's decision. The city manager's decision shall be final.
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Secs. 23- 338 -23- 375.— Reserved"
SECTION 3.
That Chapter 23, "Water, Sewers and Sewage Disposal" is amended by adding a new
Article X, "Lawn and Landscape Irrigation" to read as follows:
"ARTICLE X. LAWN AND LANDSCAPE IRRIGATION
Sec. 23 -570. Lawn and Landscape Irrigation Restrictions.
(a) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip
irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection
of structural foundations, trees, and other high value landscape materials). Except for hand
watering, drip irrigation and the use of soaker hoses, a person may only irrigate, water, or cause
or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations,
trees, and other high value landscape materials, located on premises owned, leased, or managed
by that person (i) on a day designated as an outdoor water use day for the property's address as
shown below; and (ii) between the hours of 12 midnight to 10 a.m. and 6 p.m. to 11:59 p.m. on
such day.
(1) Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on
Wednesdays and Saturdays.
(2) Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on
Thursdays and Sundays.
(3) All non - residential locations (apartment complexes, businesses, industries, parks,
street and/or roadway medians, etc.) may water on Tuesdays and Fridays.
(b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits
an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any
lawn or landscape located on premises owned, leased, or managed by that person between the
hours of 10:00 a.m. and 6:00 p.m.
(c) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits
an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any
lawn or landscape located on premises owned, leased, or managed by that person on a day that is
not designated as an outdoor water use for that property address as shown in subsection (a)
above.
(d) A person commits an offense if a person knowingly or recklessly irrigates, waters, or
causes or permits the irrigation or watering of a lawn or landscape located on premises owned,
leased or managed by the person in a manner that causes:
(1) a substantial amount of water to fall upon impervious areas instead of a lawn or
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landscape, such that a constant stream of water overflows from the lawn or landscape
onto a street or other drainage area; or
(2) an irrigation system or other lawn or landscape watering device to operate during
any form of precipitation.
(e) A person commits an offense if, on premises owned, leased, or managed by that person, a
person operates a lawn or landscape irrigation system or device that:
(1) has any broken or missing sprinkler head; or
(2) has not been properly maintained in a manner that prevents the waste of water.
(f) Affirmative Defenses
(1) It shall be an affirmative defense to prosecution of an offense in section 86- 301(a)
that at the time such person irrigates, waters, or causes or permits the irrigation or
watering of any lawn or landscape, such activity was for the purpose of:
(A) dust control of a sports field; or
(B) the maintenance, repair, or testing of an irrigation system.
(2) The activity described in subsection f(1) (A) and (B) may only occur within a
period of two (2) days no more than once every thirty (30) days. Any such activity
requiring a longer period or greater frequency shall require a variance as provided by
subsection (g).
(g) Variances
(1) The city manager or his official designee ( "director ") may grant variances to the
twice per week watering and irrigation restrictions and schedule, if one or more of the
following conditions are met:
(A) Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public or the person
requesting the variance;
(B) Compliance with the watering and irrigation restrictions and/or schedule
cannot be accomplished due to technical or other limitations; or
(C) Alternative methods that achieve the same level of reduction in water use
can be implemented.
(2) The director may grant variances to allow for establishment of hydromulch, grass
sod, or grass seed for new lawns.
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(3) Variances shall be granted or denied at the discretion of the director. All petitions
for variances shall be in writing and shall include the following:
(A) Name and address of the petitioner(s);
(B) Purpose of the water use;
(C) Specific provisions from which relief is requested;
(D) Detailed statement of the adverse effect of the provision from which relief
is requested;
(E) Description of the relief requested;
(F) Period of time for which the variance is sought;
(G) Alternative measures that will be taken to reduce water use; and
(H) Other pertinent information requested.
(h) A person who irrigates, waters, or causes or permits the irrigation or watering by use of
an alternative water source such as a well, reclaimed or reused water, or water from the Trinity
River is exempt from prosecution if that person has:
(1) Registered such alternative water source with the City;
(2) Provided sufficient proof to the director that the alternative water source is from a
well, reclaimed or reused water or from the Trinity River and has allowed inspection by
the director if deemed necessary; and
(3) Complied with the City's Backflow and Cross - connection Control regulations.
Sec. 23 -571. Rain sensing devices and freeze gauges.
(a) Any commercial or industrial customer class irrigation system installed within the City
after the adoption of the Article must be equipped with rain and freeze sensors.
(b) Any installed commercial or industrial customer class system installed after the adoption
of this Article may not be operated without being equipped with rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the City's Baclflow and Cross - connection Control regulations. All rain and
freeze sensors for commercial class lawn irrigation systems shall undergo annual inspection and
testing.
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(d) Any residential customer class irrigation system installed within the City after adoption
of this Article must be equipped with rain and freeze sensors.
(e) 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 subsections 23-
571 (a) through (d) on premises owned, leased, or managed by that person.
Sec. 23 -572. Essential services.
The governmental use of water for essential services such as police, fire and emergency
services which are necessary to preserve or protect the health, safety and welfare of the citizens
of the City are exempt from any and all restrictions or mandates set forth in this Article.
Secs. 23- 573 -23- 599.— Reserved"
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code, as amended, including but not limited to all ordinances of the City of
Kennedale affecting drought contingencies or water emergencies, and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of such ordinances are
in direct conflict with the provisions of this ordinance.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of the Kennedale City Code, as amended, or any other ordinances
regarding drought contingencies and water emergencies that have accrued 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.
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SECTION 7.
PENALTY CLAUSE
Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation, and in
addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a
separate offense. Nothing herein contained shall prevent the City from taking such other lawful
action as is necessary to prevent or remedy any violation.
SECTION 8.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 9.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish the caption
penalty clause publication clause and effective date clause of this ordinance in every issue of the
official newspaper of the City of Kennedale for two days or one issue of the newspaper if the
official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale
Charter.
SECTION 10.
EFFECTIVE DATE CLAUSE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THE FIRST READING THIS 15TH DAY OF
DECEMBER, 2014.
M Bir�iah'ohns
J n, L Mayor
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of N�
rte• � -
i
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
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ATTEST:
i
“EXHIBIT A”
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
PWS #2200017
Drought Contingency
& Emergency Water
Management Plan
May 2014
Adopted: Effective:
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i
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES......................................................................... 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ................................ 2-1
3. WATER SYSTEM PROFILE...................................................................................... 3-1
4. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN ................. 4-2
4.1 Public Involvement ....................................................................................... 4-2
4.2 Public Education .......................................................................................... 4-2
4.3 Initiation & Termination of Drought & Emergency Response Stages ................ 4-2
4.4 Drought and Emergency Response Stages ................................................... 4-4
Stage 1 – Water Watch............................................................. 4-4
Stage 2 – Water Warning ......................................................... 4-8
Stage 3 – Emergency Water Use ........................................... 4-11
4.5 Procedures for Granting Variances to the Plan ............................................ 4-14
4.6 Procedures for Enforcing Mandatory Water Use Measures ........................... 4-15
4.7 Coordination with the Other Entities ............................................................ 4-16
4.8 Review and Update of Drought Contingency Plan ........................................ 4-16
4.9 Severability ............................................................................................... 4-16
5. DROUGHT CONTINGENCY PLAN DEFINITIONS .................................................. 5-17
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1. INTRODUCTION AND OBJECTIVES
The purpose of this Drought Contingency and Emergency Water Management Plan
(subsequently referred to as the Plan) is as follows:
To conserve the available water supply in times of drought and emergency
To maintain supplies for domestic water use, sanitation, and fire protection
To protect and preserve public health, welfare, and safety
To minimize the adverse impacts of water supply shortages
To minimize the adverse impacts of emergency water supply conditions.
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought
contingency plan as “a strategy or combination of strategies for temporary supply and
demand management responses to temporary and potentially recurring water supply
shortages and other water supply emergencies.”
TCEQ rules governing development of and minimum requirements for drought contingency
plans for municipal water suppliers and wholesale water suppliers are contained in Texas
Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule
288.22, respectively.
3. WATER SYSTEM PROFILE
Kennedale owns and operates five groundwater wells that pump water from the Trinity
aquifer; these wells can reliably deliver up to 1.8 MGD. The City may also purchase up
to 2.5 MGD of treated surface water from the City of Fort Worth. Fort Worth purchases
raw surface water from the Tarrant Regional Water District (TRWD). The Fort Worth
surface water supply sources are:
West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake
Bridgeport; (A pipeline connecting Eagle Mountain Lake to the East Texas supply
is under construction.)
East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of
Fort Worth; and Richland Chambers Reservoir, located approximately 75 miles
southeast of Fort Worth; and
Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake
Benbrook to the East Texas Supply.)
Kennedale has 3150 active retail service connections.
In accordance with Section 2.3 of the wholesale water contract, the City of Kennedale is
required to institute and apply the same rationing, conservation measures or restrictions to
the use of water by their customers for so long as any part of their total water supply is being
furnished by Fort Worth.
Kennedale maintains about 58 miles of distribution pipelines.
The water supply triggers defined in Section 4.4 were provided to Kennedale via Fort Worth
and were developed by Tarrant Regional Water District. TRWD selected its triggers after
hiring an outside consultant to evaluate where the triggers levels should be for the drought
plan to achieve meaningful water savings.
4. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT
PLAN
4.1 Public Involvement
The City will afford an opportunity for the public to provide input into the preparation
and/or amendment of the Plan by scheduling and providing notice of a public meeting.
Notices will be published in the local newspaper, posted on the City website and in the
vestibule of City Hall located at 405 Municipal Drive, Kennedale, Texas.
After the Plan is adopted and published, it will be available at City Hall, as well as on the
City website in the Municode section. In addition, the Plan will be mailed to those who
request a copy in writing. Written requests should be addressed to the Public Works
Director, City of Kennedale, 405 Municipal Drive, Kennedale, Texas.
4.2 Public Education
The City will periodically provide the public with information about the Plan, including
when a stage of the Plan has been initiated or terminated, information about the conditions
under which each stage of the Plan is to be initiated or terminated and the drought response
measures to be implemented in each stage. This information may be provided by
publication in the local newspaper, press releases, utility bill inserts, and the City’s
newsletter and website.
4.3 Initiation & Termination of Drought & Emergency Response Stages
The provisions of this Plan shall apply to all persons, customers, and property utilizing
potable water provided by the City of Kennedale. The terms “person” and “customer” as
used in the Plan include individuals, corporations, partnerships, associations, and all other
legal entities. The Plan does not apply to locations using treated wastewater effluent,
private wells or possessing their own water rights in the Trinity River; however, any
pond, impoundment, body of water, or other water source that is supplemented, or has the
ability to supplement supply, with potable water shall adhere to the provisions of this
plan.
The Plan may be applied to the entire city or geographic portions of the city as necessary.
If the Plan is applied only to a limited sector, the boundaries will be defined in terms of
roadways, creeks and other easily distinguishable features, such as city limits.
The following restrictions are year round mandatory water conservation strategies that
will be enforced even when no Drought Stage has been initiated. The exceptions noted in
Stage 1 Drought restrictions also apply to the year round mandatory restrictions.
No outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6
p.m.
Limit landscape watering with sprinklers or irrigation systems at each service
address to a twice per week schedule as outlined below. This includes landscape
watering of parks, and sports fields.
o Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water
on Wednesdays and Saturdays.
o Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on
Thursdays and Sundays.
o All non-residential locations (apartment complexes, businesses, industries,
parks, medians, etc.) may water on Tuesdays and Fridays
Initiation of a Drought/ Emergency Water Management Stage
The City Manager or his/her duly appointed representative will monitor water supply and
City system demands on a daily basis and will determine when conditions warrant initiation
or termination of each stage of the Plan. This information shall be provided to the public by
some or all of the following methods: publication in the local newspaper, press releases,
utility bill inserts, and/or the City’s newsletter or website.
Although each stage of the Plan will generally be implemented sequentially, when specific
“triggers” are reached, the City Manager or his/her duly appointed representative may
initiate the Plan beginning at any stage. Conversely, the City Manager or his/her duly
appointed representative is not required to initiate the Plan simply because a “trigger” was
reached.
Additional measures may be invoked whenever necessary, or if implementation of any stage
of the Plan does not reduce demand enough to allow proper management of the system.
The City has a Wholesale Water Purchase Contract with the City of Fort Worth and is
required to initiate water restrictions at least as stringent as those initiated by the City of Fort
Worth.
Stages imposed by Tarrant Regional Water District (TRWD) action must be initiated by
the City of Fort Worth and the City of Kennedale.
Termination of a Drought Stage
The City Manager or his/her official designee may order the termination of a drought
response or water emergency stage when the conditions for termination are met or at their
discretion. The public will be notified through local media, newsletter and the City of
Kennedale Web site.
The City Manager or his/her official designee may decide not to order the termination of a
drought response stage or water emergency even though the conditions for termination of
the stage are met. The City Manager or his designee may choose to implement a phased out
approach when exiting various stages to protect the integrity of the system. Factors which
could influence such a decision include, but are not limited to, the time of the year, weather
conditions, or the anticipation of potential changed conditions that warrant the continuation
of the drought stage. The reason for this decision should be documented.
4.4 Drought and Emergency Response Stages
Stage 1 – Water Watch
Triggering Conditions
Water demand reaches or exceeds 90% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified
portion of the system.
Kennedale’s water treatment or distribution system becomes contaminated.
Kennedale’s water demand for all or part of the delivery system approaches delivery
capacity.
Kennedale’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
TRWD initiated Stage 1 – Water Watch for one or more of the following reasons:
o Total raw water supply in TRWD western and eastern division reservoirs
drops below 75% (25% depleted) of conservation storage.
o Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach the limit of TRWD’s permitted
supply.
o TRWD’s supply source becomes contaminated.
o TRWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 1 drought.
Terminating Conditions for Stage 1
Stage 1 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or
above 85% for 90 consecutive days, whichever occurs first.
Goal for Use Reduction for Stage 1
The goal for water use reduction under Stage 1, Water Watch, is five percent. If
circumstances warrant or if required by TRWD, the City Manager or his/her official
designee can set a goal for greater water use reduction.
Actions Available for Stage 1
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s) required by the Tarrant Regional Water District.
All Water Users
Initiate mandatory restrictions to prohibit non-essential water use as follows:
Discourage hosing of paved areas, such as sidewalks, driveways, parking lots,
tennis courts, patios, or other impervious surfaces, except to alleviate an
immediate health or safety hazard. This may include premises with raw or
processed food, pharmaceutical or vaccine processing, storage or vending
establishments including restaurants and grocery stores may be washed to the
extent necessary for sanitary purposes. These areas may also include:
Trash and dumpster areas
Areas around fuel pumps
Store front cleaning of areas with accumulated bird droppings,
feathers and debris
Localized spot cleaning of parking areas to remove oil, grease
buildup that may pose a health and safety issue.
Discourage hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting.
Prohibit using water in such a manner as to allow runoff or other waste,
including:
failure to repair a controllable leak, including a broken sprinkler
head, a leaking valve, leaking or broken pipes, or a leaking
faucet;
operating a permanently installed irrigation system with: (a) a
broken head; (b) a head that is out of adjustment and the arc of
the spray head is over a street or parking lot; or (c) a head that is
misting because of high water pressure; or
during irrigation, allowing water to (a) to run off a property and
form a stream of water in a street for a distance of 50 feet or
greater; or (b) to pond in a street or parking lot to a depth greater
than one-quarter of an inch.
Allowing or causing an irrigation system or other lawn watering
device to operate during any form of precipitation or when
temperatures are at or below 32 degrees Fahrenheit.
Prohibit outdoor watering with sprinklers or irrigation systems between 10 a.m. and
6 p.m.
Limit landscape watering with sprinklers or irrigation systems at each service
address to a twice per week schedule as outlined below. This includes landscape
watering of parks, and sports fields.
o Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water
on Wednesdays and Saturdays.
o Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on
Thursdays and Sundays.
o All non-residential locations (apartment complexes, businesses, industries,
parks, medians, etc.) may water on Tuesdays and Fridays.
Exceptions:
Lawns and landscaping may be watered on any day by handheld hose,
drip irrigation, a soaker hose or tree bubbler.
Water use necessary for the repair of an irrigation system, plumbing line,
fountain, etc. in the presence of the person making the repair.
Outdoor watering at service addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the
Public Works Director, if the Public Works Director determines that a
property can not be completely irrigated with an average of three-
quarters of an inch of water in a single day, and that the property should
be divided into sections to be irrigated on different days. If approved, no
station will be watered more than twice per week.
Establishing new turf is discouraged. If hydro mulch, grass sod, or grass
seed is installed for the purpose of establishing a new lawn, there are no
watering restrictions for the first 30 days while it is being established.
After that, the watering restrictions set forth in this stage apply. (This
does not include over seeding with rye, or seasonal grasses, since turf
already exist.)
Skinned areas of sports fields may be watered as needed for dust control.
Watering of athletic fields (fields only, does not include surrounding
landscaped areas) used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety
of the players, staff, or officials present for athletic events. Encouraged
to reduce water use by five percent.
Public areas that are open to the public at-large and have a high –impact
from frequent use may be allowed additional watering, with a variance
granted by the Public Works Director, if it is deemed to be beneficial to
serve and protect the community amenity. Examples may include but
are not limited to: outdoor amphitheaters, demonstration gardens, public
art exhibitions, outdoor learning areas, arboretums, etc.
All users are encouraged to reduce the frequency of draining and refilling swimming
pools.
All users are encouraged to use native and adapted drought tolerant plants in
landscaping.
Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle
shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a
positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at
any time on the premises of a commercial car wash or commercial service station.
Companies with an automated on-site vehicle washing facility may wash its vehicles
at anytime. Further, such washing may be exempt from these requirements if the
health, safety, and welfare of the public are contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and
perishables.
Discourage the filling, draining, or refilling of swimming pools, wading pools, hot
tubs and Jacuzzi type pools except to maintain adequate water levels for structural
integrity, proper operation and maintenance, and/or to alleviate an issue that poses a
public safety risk.
City and Local Governments
In addition to the actions listed above:
Review conditions and problems that caused Stage 1. Take corrective action.
Increase public education efforts on ways to reduce water use.
Increase enforcement efforts.
Intensify leak detection and repair efforts.
Audit all city and local government irrigation systems to ensure proper condition,
settings, and operation.
Identify and encourage voluntary reduction measures by high-volume water users
through water use audits.
Reduce non-essential water use. As used herein, non-essential water uses are those
that do not have any health or safety impact and are not needed to meet the core
function of the agency.
The Fort Worth Water Director or his/her designee will notify wholesale customers
of actions being taken and require them to implement the same stage and measures.
Such action is in accordance with Section 2.3 of the uniform wholesale water
contract. Per the contract, wholesale customers are required to institute and apply the
same rationing, conservation measures or restrictions to the use of water by their
customers for so long as any part of their total water supply is being furnished by
Fort Worth.
Commercial or Industrial
All actions listed above for all water users apply to commercial and industrial users.
Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions.
Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an
“on demand” basis.
Hotels are encouraged to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
Car wash facilities must keep equipment in good working order, which should
include regular inspections to be sure there are no leaks, broken or misdirected
nozzles, and that all equipment is operating efficiently.
All commercial and industrial customers are encouraged to audit irrigation systems
Stage 2 – Water Warning
Triggering Conditions for Stage 2
Water demand reaches or exceeds 95% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified
portion of the system.
Contamination of the water supply source(s) or water supply system.
Demand for all or part of the delivery system equals or exceeds delivery capacity
because delivery capacity is inadequate.
Water supply system is unable to deliver water due to the failure or damage of major
water system components.
TRWD initiated Stage 2 – Water Warning for one or more of the following reasons:
o Total raw water supply in TRWD western and eastern division reservoirs
drops below 60% (40% depleted) of conservation storage.
o Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach the limit of TRWD’s permitted
supply.
o TRWD’s supply source becomes contaminated.
o TRWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 2 drought.
Terminating Conditions for Stage 2
Stage 2 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or
above 70% for 30 consecutive days.
Goal for Use Reduction for Stage 2
The goal for water use reduction under Stage 2 – Water Warning is to decrease use by 10
percent. If circumstances warrant or if required by TRWD, the City Manager or his/her
official designee can set a goal for greater water use reduction.
Actions Available for Stage 2
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s) required by the Tarrant Regional Water District.
Continue actions under Stage 1.
Initiate engineering studies to evaluate water supply alternatives should conditions
worsen.
All Water Users
Limit landscape watering with sprinklers or irrigation systems to a once per week
schedule at each service address as determined by the Public Works Director. This
includes landscape watering at parks, and sports fields.
Exceptions:
o Lawns and landscaping may be watered on any day, at any time, by
handheld hose, drip irrigation, a soaker hose or tree bubbler.
o Outdoor watering at service addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the director
of utilities, if the director determines that a property can not be completely
irrigated with an average of three-quarters of an inch of water in a single day,
and that the property should be divided into sections to be irrigated on
different days. If approved, no station will be watered more than once per
week.
o Watering of athletic fields (fields only, does not include surrounding
landscaped areas) used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events. Encouraged to
reduce water use by 10%.
All users are encouraged to wait until the current drought or emergency
situation has passed before establishing new landscaping and turf. Variances
granted for establishing new turf grass or landscaping will be for a maximum
of 30 days from the date of approval. After that, the watering restrictions set
forth in this stage apply. (This does not include over seeding with rye since
turf already exists.)
Discourage the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
Discourage the filling, draining, or refilling of swimming pools, wading pools, hot
tubs and Jacuzzi type pools except to maintain adequate water levels for structural
integrity, proper operation and maintenance, and/or to alleviate an issue that poses a
public safety risk.
Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools
when not in use.
City and Local Governments
Review conditions or problems that caused Stage 2. Take corrective action.
Increase frequency of media releases on water supply conditions.
Further accelerate public education efforts on ways to reduce water use.
Eliminate non-essential water use. As used herein, non-essential water uses are those
that do not have any health or safety impact and are not needed to meet the core
function of the agency.
Prohibit wet street sweeping.
The Fort Worth Water Director or his/her designee will notify wholesale customers
of actions being taken and require them to implement the same stage and measures.
Such action is in accordance with Section 2.3 of the uniform wholesale water
contract. Per the contract, wholesale customers are required to institute and apply the
same rationing, conservation measures or restrictions to the use of water by their
customers for so long as any part of their total water supply is being furnished by
Fort Worth.
Commercial or Industrial
All actions listed above for all water users apply to commercial and industrial users.
Use of water from fire hydrants for any purpose other than firefighting related
activities or other activities necessary to maintain public health, safety and welfare
requires a variance issued by the Public Works Director.
Stage 3 – Emergency Water Use
Triggering Conditions for Stage 3
Water demand has reaches or exceeds 98% of reliable delivery capacity for one
day. The delivery capacity could be citywide or in a specified portion of the
system.
Contamination of the water supply source(s) or water supply system.
Demand for all or part of the delivery system exceeds delivery capacity because
delivery capacity is inadequate.
Water supply system is unable to deliver water due to the failure or damage of major
water system components.
TRWD has initiated Stage 3 – Emergency Water Use, which may also be initiated
by one or more of the following:
o Total raw water supply in TRWD western and eastern division reservoirs
drops below 45% (55% depleted) of conservation storage.
o Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach or exceed the limit of TRWD’s
permitted supply.
o TRWD’s supply source becomes contaminated.
o TRWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 3 drought.
Terminating Conditions for Stage 3
Stage 3 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or
above 55% for 30 consecutive days, whichever occurs first.
Goals for Use Reduction for Stage 3
The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by
20 percent. If circumstances warrant or if required by TRWD, the City Manager or his/her
official designee can set a goal for a greater water use reduction.
Actions Available for Stage 3
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s) required by the Tarrant Regional Water District.
Continue or initiate any actions available under Stages 1 and 2.
All Water Users
Prohibit landscape watering, including at parks and sports fields.
Exceptions:
o Watering with hand-held hose, soaker hose or drip irrigation system may
occur any day and any time. (The intent of this measure is to allow for the
protection of structural foundations, trees, and other high value landscape
materials).
o Watering of athletic fields (fields only, does not include surrounding
landscaped areas) used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events may be allowed to
water by variance. A water management plan must be submitted to the
Public Works Director detailing how each area will comply with stage 3
drought measures.
Prohibit establishment of new landscaping. Variances may be granted for those
landscape projects started prior to the initiation of stage 3 drought restrictions.
Vehicle washing restricted to commercial car wash, commercial service station or a
private on-site vehicle washing facility and can only be done as necessary for health,
sanitation, or safety reasons, including but not limited to the washing of garbage
trucks and vehicles used to transport food and other perishables. All other vehicle
washing is prohibited.
Prohibit the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life.
Prohibit the draining, filling, or refilling of swimming pools, wading pools and
Jacuzzi type pools. Existing private and public pools may add water to maintain pool
levels; however they may not be refilled using automatic fill valves.
Prohibit hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting with high-pressure equipment.
Must be performed by a professional power washing service utilizing high efficiency
equipment and a vacuum recovery system where possible.
City and Local Governments
In addition to actions listed above:
Continue or initiate any actions available under Stages 1 and 2.
Review conditions or problems that caused Stage 3. Take corrective action.
Implement viable alternative water supply strategies.
Increase frequency of media releases explaining emergency situation.
Reduce city and local government water use to maximum extent possible.
Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas,
ornamental ponds and fountain construction. Pools already permitted and under
construction may be completely filled with water.
The Fort Worth Water Director will notify wholesale customers of actions being
taken and require them to implement the same stage and measures. Such action is in
accordance with Section 2.3 of the uniform wholesale water contract. Per the
contract, wholesale customers are required to institute and apply the same rationing,
conservation measures or restrictions to the use of water by their customers for so
long as any part of their total water supply is being furnished by Fort Worth.
Commercial or Industrial
All actions listed above for all water users apply to commercial and industrial users.
Hotels, restaurants, and bars required to serve drinking water to patrons on an “on
demand” basis.
Hotels are required to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
Stock at commercial plant nursery may be watered only with a hand-held hose,
hand-held watering can, or drip irrigation system.
Commercial and industrial water users required to reduce water use by a set
percentage determined by the Public Works Director.
Use of water from hydrants for any purpose other than firefighting related activities
or other activities necessary to maintain public health, safety and welfare requires a
special permit issued by the Public Works Director. Fire hydrant use may be limited
to only designated hydrants.
4.5 Procedures for Granting Variances to the Plan
Variances granted from any particular stage of the Plan will automatically expire when that
particular stage is terminated and is no longer in effect.
A variance is not automatically renewable; a subsequent re-initiation of a stage from which
an applicant was previously granted a variance will require a new application and a new
variance.
A variance will not be re-issued to an applicant simply because that applicant had previously
been granted that variance. Each application will be evaluated based on the conditions in
place at the time that application is received, regardless of any previously granted variance.
No variance will be retroactive or otherwise exempt an applicant from a violation of the
Plan occurring prior to the issuance of the variance.
Grounds for Granting a Variance
The City Manager or his/her duly appointed representative may grant temporary variances
for water uses otherwise prohibited under this Plan only if all of the following conditions are
met:
1. Granting the variance would not cause an immediate, significant reduction in the
City’s water supply;
2. Failure to approve the variance would result in an extreme hardship or need
relating to health, safety or welfare of the applicant;
3. Granting the variance would not adversely affect the health, safety and welfare
of other persons; and
4. The applicant signs a compliance agreement provided by the City Manager or
his/her duly appointed representative agreeing to use water only in the amount
and manner approved by the variance.
Information Required for a Variance Request
Any application for variances must be in writing and must include the following
information:
1. Name and address of applicant(s);
2. Purpose of water use and the amount of daily use;
3. Specific provisions from which relief is requested;
4. A detailed statement of the adverse effect of the provision from which relief is
requested
5. A description of the relief requested;
6. The period of time for which the variance is sought;
7. Alternative measures that will be taken to reduce water use;
8. Methods of measurement and reporting to confirm water use reductions (if
applicable); and
9. Any other pertinent information requested.
Requests for a variance may be directed to the following address:
Director of Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Revocation of a Variance
The City Manager or his/her duly appointed representative may revoke a variance when he
or she determines that:
The conditions set out in Grounds for Granting a Variance, above, are not being met
or are no longer applicable;
The terms of the compliance agreement have been violated; or
Revocation is advisable to protect the health, safety, or welfare of the public or any
person.
4.6 Procedures for Enforcing Mandatory Water Use Measures
Mandatory water use restrictions are in place year round and additional restrictions may be
imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by
warnings and penalties as follows:
On the first violation, customers will be given a written warning that they have
violated the mandatory water use restriction.
On the second and subsequent violations, citations may be issued to customers, with
minimum and maximum fines established by ordinance.
After three violations have occurred, the utility may cut off water service to the
customer.
4.7 Coordination with the Other Entities
The Texas Water Development Board established Regional Water Planning Groups
pursuant to Senate Bill 1 (75th Texas Legislature) and made these groups responsible for the
development of regional water management plans. The City has modeled this plan to be
complimentary to the Fort Worth plan. The Fort Worth plan has been modeled to conform
to TRWD requirements and also to be complimentary with other retail water suppliers in the
region.
4.8 Review and Update of Drought Contingency Plan
The City will review the Plan at least every five years, as required by Texas Commission on
Environmental Quality rules. The Plan, or its sections, may be amended, revised or updated
anytime it is appropriate to include new information.
4.9 Severability
It is hereby declared to be the intent of the City that the sections, paragraphs, sentences,
clauses and phrases of this Plan are severable, and if any section, paragraph, sentence, clause
or phrase of this Plan is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
sections, paragraphs, sentences, clauses or phrases of this Plan, since the same would not
have been enacted by the City without the incorporation into the Plan of any such
unconstitutional section, paragraph, sentence, clause or phrase.
5. DROUGHT CONTINGENCY PLAN DEFINITIONS
Term Definition
Aesthetic water use Water use for ornamental or decorative features such as fountains, reflecting pools
and water gardens.
Alternative Water Source Means water produced by a source other than a water treatment plan and in not
considered potable. These sources can include, but are not limited to:
reclaimed/recycled water, collected rain water, collected grey water, private well
water.
Athletic field Means a sports playing field, the essential feature of which is turf grass, used primarily
for organized sports for schools, professional sports, or sanctioned league play.
Automatic Irrigation
System
Means a site specific system of delivering water generally for landscaping via a system
of pipes or other conduits installed below ground that automatically cycles water use
through water emitters to a preset program, whether on a designated timer or
through manual operation.
Aquatic Life Means a vertebrate organism dependent upon an aquatic environment to sustain its
life.
Conservation Those practices, techniques, and technologies that reduce water consumption; reduce
the loss or waste of water; improve the efficiency in water use; and increase the
recycling and reuse of water so that supply is conserved and made available for other
or future uses.
Customer Any person, company, or organization using water supplied by TRWD or through an
entity supplied by TRWD.
Drip irrigation
An irrigation system (drip, porous pipe, etc.) that applies water at a predetermined
controlled low-flow levels directly to the roots of the plant
Drought Contingency Plan Means a strategy or combination of strategies for temporary supply management and
demand management responses to temporary or potentially recurring water supply
shortages and other water supply emergencies.
Fountain
An artificially created jet, stream or flow of water, a structure, often decorative, from
which a jet, stream or flow of water issues.
Hand-held hose Means a hose physically held by one person, fitted with a manual or automatic
shutoff nozzle.
Hand Watering Means the application of water for irrigation purposes through a hand-held watering
hose, watering can, or bucket.
Hose-end Sprinkler Means a device through which water flows from a hose to a sprinkler to water any
lawn or landscape.
Hosing Means to spray, water, or wash with a water hose.
Industrial water use Means the use of water for or in connection with commercial or
industrial activities, including but not limited to, manufacturing, bottling, brewing,
food processing, scientific research and technology, recycling, production of concrete,
asphalt, and cement, commercial uses of water for tourism, entertainment, and hotel
or
motel lodging, generation of power other than hydroelectric and other business
activities.
Irrigation system Means a system of fixed pipes and water emitters that apply water to landscape
plants or turf grass, including, but not limited to,
in-ground and permanent irrigation systems.
Lake, lagoon or pond Means an artificially created body of fresh or salt water.
Landscape irrigation use Water used for the irrigation and maintenance of landscaped areas, whether publicly
or privately owned, including residential and commercial lawns, gardens, golf courses,
parks, right-of-ways, medians and entry ways.
“New landscape” means a. Installed during construction of a new house, multi -family dwelling, or
commercial building;
b. Installed as part of a governmental entity’s capital improvement project; or
c. Alters more than one-half the area of an existing landscape.
Non-essential water use Water uses that are not required for the protection of public health, safety and
welfare, such as:
a. Irrigating landscape areas, including parks, athletic fields, and golf courses,
except as otherwise provided under this plan;
b. Washing any sidewalks, walkways, driveways, parking lots, tennis courts, or
other hard-surfaced areas; except to alleviate a public health and safety
issue;
c. Washing any automobile, motorbike, boat (and/or trailer), airplane, or other
vehicle except where required by law for safety and sanitary purposes.
d. Washing buildings or structures for purposes other than immediate fire
protection, or other uses provided under this plan;
e. Filling, refilling, or adding to any swimming pools or Jacuzzi-type pools,
except to maintain safe operating levels;
f. Filling or operation of a fountain or pond for aesthetic or scenic purposes
except when necessary to support aquatic life;
g. Failure to repair a controllable leak within a reasonable time period after
being directed to do so by formal notice; and
h. Drawing from hydrants for construction purposes or any other purpose other
than firefighting or protection of public drinking water supplies.
Park Means a non-residential or multifamily tract of land, other than a golf course,
maintained by a city, private organization, or individual, as a place of beauty or public
recreation and available for use to the general public.
Power/Pressure washer Means a machine that uses water or a water-based product applied at high pressure
to clean impervious surfaces.
Pressure washer
(High-Efficiency)
Means a machine that uses water or a water-based product applied at 1500 pounds
per square inch (PSI) or greater.
Reclaimed Water Municipal wastewater effluent that is given additional treatment and distributed for
reuse in certain applications. Also referred to as recycled water.
Soaker hose Means a flexible hose that is designed to slowly emit water across
the entire length and connect directly to a flexible hose or spigot. Does not include
hose that by design or use sends a fine spray in the air. It is not considered drip
irrigation.
Splash Pad/Spray Park Means an area for water play that has no standing water. Typically, they utilize
various spray nozzles which spray water in multiple directions.
Swimming pool Means any structure, basin, chamber, or tank including hot tubs, containing an
artificial body of water for swimming, diving, or
recreational bathing, and having a depth of two (2) feet or more at any point.
Vegetable garden Means any noncommercial vegetable garden planted primarily for household use;
"noncommercial" includes incidental direct selling of produce from such a vegetable
garden to the public.
Well Water Means water that has been, or is, obtained from the ground by digging, boring, or
drilling to access an underground aquifer.
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