BIE - Permanent Year-Round Landscape Irrigation Restrictions (06/07/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager </<.,tJ
MEETING DATE: June 26, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE, ENTITLED "UTILITIES," BY
AMENDING ARTICLE II, ENTITLED "WATER," BY CREATING A NEW DIVISION 3,ENTITLED
"PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS," TO COMPLY
WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S MANDATORY YEAR-
ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES PER CHAPTER 40E-24,
FLORIDA ADMINISTRATIVE CODE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
[] Yes No(lf no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
Q The proposed Ordinance is enacted to implement the following.
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
Not applicable.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not applicable.
14. Additional comments: None.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE
CITY CODE, ENTITLED "UTILITIES," BY AMENDING ARTICLE II,
ENTITLED "WATER," BY CREATING A NEW DIVISION 3, ENTITLED
"PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION
RESTRICTIONS," TO COMPLY WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT'S MANDATORY YEAR-ROUND
LANDSCAPE IRRIGATION CONSERVATION MEASURES PER
CHAPTER 40E-24, FLORIDA ADMINISTRATIVE CODE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, on July 20, 2023, the South Florida Water Management District
("District") notified the City of Miami Beach (the "City") that the Miami-Dade County
(the "County") Board of County Commissioners amended Section 32-8.2 of the
County Code of Ordinances to strengthen and update existing, permanent year-
round landscape irrigation restrictions (the "Irrigation Ordinance"); and
WHEREAS, the County's Irrigation Ordinance sets forth the minimum
standards for landscape irrigation within the incorporated and unincorporated
areas of the County, and the City is currently opting to adopt its own year-round
landscape irrigation restrictions ordinance with accompanying enforcement
provisions; and
WHEREAS, as part of the District's notification on July 20, 2023, the District
advised the City that not all provisions of the County's Irrigation Ordinance were
self-executing and requested that the City clarify how it intends to address the
County's Irrigation Ordinance updates to ensure consistency with Chapter 40E-24
of the Florida Administrative Code; and
WHEREAS, this Ordinance amends Chapter 110 of the City Code, entitled
"Utilities," by creating a division on permanent landscape irrigation restrictions to
comply with the District's Year-round Landscape Irrigation Conservation
Measures, and formally adopt and incorporate the County's Irrigation Ordinance,
as amended, to align with County efforts to conserve and protect water resources,
and clarify enforcement and administration of the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Division 3 of Article 11 of Chapter 110 of the Code of the City of Miami
Beach is hereby created as follows:
CHAPTER 110. UTILITIES
$¢ # *
ARTICLE II. WATER
k k k
DIVISION 3. PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION
RESTRICTIONS
Sec. 110-74. Intent and purpose.
It is the intent and purpose of this division to protect the water resources of the city from
the harmful effects of oyerutilization, increase water use efficiency, and prevent and
curtail wasteful water use practices by providing mandatory year-round landscape
irrigation conservation measures and prohibiting the operation of irrigation systems in a
manner that causes water to be wasted. This division has been drafted in order to adopt
regulations consistent with the South Florida Water Management District's mandatory
year-round landscape irrigation conservation measures under Chapter 40E-24, Florida
Administrative Code, (F.A.C.).
Sec. 110-75. Definitions.
The following words, terms, and phrases when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Address shall mean the "house number" (a numeric or alphanumeric designation) that,
together with _the street name, describes the physical location of a specific property._ This
excludes post office box numbers.
Athletic plav area shall mean all golf course fairways, tees, roughs and greens and other
athletic play surfaces and areas including, without limitation, football, baseball, and soccer
fields, polo grounds, tennis courts, and lawn bowling fields.
Director shall mean the Director of the Miami Beach Parks & Recreation Department or
its successor agency.
District Governing Board shall mean the South Florida Water Management District, a
government entity created under Chapter 373,Florida Statutes.
Even-numbered address shall_mean_an address ending_in_the_numbers ,2,4,_6,8,or
rights-of-way or other locations with no address or the letters A-M.
Existing landscaping shall mean any landscaping that has been planted and in the ground
for more than ninety (90) consecutive days.
Irrigation shall mean the application of water by means other than natural precipitation.
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Irrigation systems shall mean equipment and devices which deliver water to the
landscaping being irrigated including, but not limited to. pumping stations, controls, main
and submain pipelines, lateral pipelines, emitters_ yalyes, fittings, and safety devices.
Landscaping shall mean shrubbery, trees, lawns, sod, grass, ground covers, plants,
vines, ornamental gardens, and such other flora, not intended for resale, which are
planted and situated in such diverse locations as residential landscapes, recreation areas.
cemeteries, public, commercial, and industrial establishments, public medians, and
rights-of-way except athletic play areas.
Landscape Irrigation shall mean the outside watering of landscaping except in athletic
play areas as defined herein.
Low-volume Hand Watering shall mean the watering of landscaping by one person, with
one hose, fitted with a self-canceling or automatic shutoff nozzle.
Low-volume Irrigation shall mean the use of equipment and devices specifically designed
to allow the volume of water delivered to be limited to a level consistent with the water
requirement of the plant being irrigated and to allow that water to be placed with a high
degree of efficiency in the root zone of the plant. The term also includes water used in
mist houses and similar establishments for plant propagation. Overhead irrigation and
flood irrigation are not included.
Micro-irrigation shall mean the application of small quantities of water on or below the soil
surface as drops or tiny streams of spray through emitters or applicators placed along a
water delivery line. Micro-irrigation includes a number of methods or techniques such as
bubbler, drip, trickle, mist or micro spray, and subsurface irrigation.
New landscaping shall mean any landscaping that has been planted in the ground for
ninety (90) days or less.
Odd-Numbered Address shall mean an address ending in the numbers 1, 3, 5, 7, 9, or
the letters N-Z.
Reclaimed Water shall mean wastewater that has received at least secondary treatment
and basic disinfection and is reused after flowing out of a wastewater treatment facility as
defined in Rule 62-40.210, F.A.C.
User shall mean any person, individual, firm, association, organization, partnership,
business trust, corporation. company, agent, employee or other legal entity whether
natural or artificial, the United States of America, and the State and all political
subdivisions, regions, districts. municipalities. and public agencies thereof, which directly
or indirectly takes water from the water resource, including uses from private or public
utility systems, individual wells or pumps and uses under water use permits issued
pursuant to Chapter 4OE-2FA.C
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Wasteful and unnecessary shall mean allowing water to be dispersed without any
practical purpose to the water use; for example, excessive landscape irrigation, leaving
an unattended hose on a driveway with water flowing, allowing water to be dispersed in
a grossly inefficient manner, regardless of the type of water use; for example, allowing
landscape irrigation water to unnecessarily fall onto pavement, sidewalks and other
impervious surfaces; allowing waterflow through a broken or malfunctioning water
delivery or landscape irrigation system.
Water resource shall mean any and all water on or beneath the surface of the ground
including, but not limited to, natural or artificial watercourses, water bodies, lakes, ponds,
or diffused surface water, and water percolating, standing, or flowing beneath the surface
of the ground.
Water shortage shall mean when the District Governing Board determines via formal
declaration that there is the possibility that insufficient water will be available to meet the
present and anticipated needs of the users, or when conditions are such as to require a
temporary reduction in total use within a particular area to protect water resources from
serious harm. A water shortage usually occurs, but is not limited to occurring, due to
drought.
Water shortage emergency shall mean when the District Governing Board determines the
provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public
health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply,
or commercial, industrial, agricultural, recreational, or other reasonable- beneficial uses.
Sec. 110-76. Application.
The provisions of this division shall apply to all users of any water resource within the city,
whether from publicly or privately owned water utility systems, private wells, or private
connections with surface water bodies. The provisions of this section shall not apply to
athletic play areas, agricultural and nursery operations, irrigation performed using
reclaimed water, and during irrigation system repairs or tests.
Sec. 110-77. Permanent landscape irrigation restrictions.
a) It shall be the duty of each user to keep informed as to the landscape irrigation
conservation measures established in this section, which affect each particular
water use.
b) The following requirements shall apply to all users unless specified otherwise
herein:
ill Irrigation of existing landscaping shall comply with the following:
i. It shall be unlawful for any user to irrigate or to cause, let, permit, allow or
suffer the irrigation of any residential, commercial, institutional,
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governmental, or industrial landscaping areas between the hours of 10:00
a.m. and 4:00 p.m. daily except as otherwise provided herein.
ii, It shall be unlawful for any user to operate or cause, let, permit, alloy or
suffer the operation of any irrigation system or device in a wasteful and
unnecessary manner including, but not limited to. watering paved areas,
sidewalks, driveways, and parking lots.
iii. Even-Numbered Addresses shall only conduct necessary landscape
irrigation on Thursday and/or Sunday.
iv. Odd-Numbered Addresses shall only conduct necessary landscape
irrigation on Wednesday and/or Saturday.
ill Users irrigating new landscaping shall comply with the following:
i. Irrigation of new landscaping shall be prohibited between the hours of 10:00
a.m. and 4:00 p.m. daily, except as otherwise provided herein.
ii. On the day the new landscaping is installed, the new landscaping may be
irrigated once without regard to the normally allowable watering days and
times. Irrigation of the soil is allowed twenty-four (24) hours before
installation without regard to the normal allowable watering days and times.
iii. The new landscaping shall be installed within a reasonable time from the
date of purchase.
iv. The date of purchase of new landscaping may be demonstrated with a
dated receipt or invoice.
v. Irrigation of new landscaping is limited to areas containing the new
landscaping only. An entire zone of an irrigation system shall only be utilized
for landscape irrigation under this paragraph if the zone in question is for an
area that contains at least fifty (50) percent new landscaping. If a zone
contains less than fifty (50) percent new landscaping, or if the new
landscaping is in an area that will not typically be irrigated by an irrigation
system, only the individual new plantings are eligible for additional irrigation
under this paragraph. Targeted watering may be accomplished by low-
volume hand watering, or any appropriate method which isolates and
waters only the new landscaping.
vi. New landscaping which has been in place for thirty (30) days or less may
be irrigated on Monday, Tuesday, Wednesday, Thursday, Saturday and/or
Sunday.
vii. New landscaping which has been in place for thirty-one (31) to ninety (90)
days may be irrigated on Monday, Wednesday, Thursday and/or Saturday.
(3) Any water shortage restrictions or other measures declared pursuant to
Chapter 40E-21, F.A.C., or related, by the District Governing Board or District
Executive Director orders which are more restrictive than a measure contained
within this section, shall supersede this section for the duration of the applicable
water shortage declaration.
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ill Landscape irrigation systems may be operated during restricted days and times
for cleaning, maintenance, and repair purposes with an attendant on site in the
area being tested. Landscape irrigation systems may routinely be operated for
such purposes no more than once per week, and the run time for any one test
should not exceed ten (10) minutes per zone.
(S) Landscape irrigation for the purpose of watering-in fertilizers, insecticides,
pesticides, fungicides, and herbicides, where such watering-in is
recommended by the manufacturer, or by federal, state, or local law, or by the
Florida Green Industries Best Management Practices for Protection of Florida
Water Resources Manual, shall be allowed under the following conditions:
i. Such watering-in of fertilizers containing nitrogen or phosphorus and
application of fertilizers containing nitrogen or phosphorus for turf or
landscaping are not allowed only from May 15 through November 1 of each
year pursuant to Section 46-219a) of this Code and Section 18-C-4(A)(1)
of the Code of Miami-Dade County, Florida.
ii. Such watering-in of fertilizers containing phosphorus and application of
fertilizers containing phosphorus for turf or landscaping plants shall be
limited to areas where a phosphorus deficiency has been demonstrated in
the soil underlying the respective turf and landscaping by a soil analysis test
performed by a State of Florida certified laboratory as required pursuant to
Section 18C-4(C)4) of the Code of Miami-Dade County, Florida.
iii. Such watering-in shall be limited to one application unless the need for more
than one application is stated in the directions for application specified by
the manufacturer: and
iv. Such watering-in shall be accomplished during normally allowable watering
days and times set forth in sections 110-77(b)1) and (b)(2) unless a
professional licensed applicator has posted on the date the fertilizer is
applied a temporary sign containing the date of application and the date(s)
of needed watering-in activity .
(6) Any landscaping may be irrigated using low volume irrigation, micro-irrigation,
or low-volume hand watering methods including but not limited to the use of
rain barrels, cisterns, or other similar rain-harvesting devices without regard to
the watering days or times allowed pursuant to this section.
ill Any user who purchases and installs an automatic landscape irrigation system
shall properly install, maintain, and use technology that inhibits or interrupts the
operation of the system during periods of sufficient moisture as required by
Section 373_62_ Florida Statutes.
Sec. 110-78. Enforcement.
This division shall be enforced by the City's code compliance department.
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Sec. 110-79. Penalties.
(a) A violation of any provision of this division shall be subject to the following
penalties:
(1) First violation, $75.00.
(2) Each day in violation of this division shall constitute a separate offense.
Sec. 110-80. Alternate method of compliance .
a) Policy and intent. It is the policy of the City to provide an alternate method of
compliance to its year-round landscape irrigation restrictions for persons who
demonstrate the need for such an alternate method of compliance to obtain
reasonable and fair results. The purpose of this section is to establish a procedure
for requesting and obtaining approval for an alternate method of compliance.
b) Applicability. Any person seeking an alternate method of compliance in the
application of the year-round landscape irrigation restrictions may request such
accommodation pursuant to this section. A request for an alternate method of
compliance shall be made in the manner prescribed in this section, which shall be
the exclusive administrative remedy.
c) Application for an alternate method of compliance. An application for an alternate
method of compliance shall provide, at a minimum, the following information on a
form prescribed by the Director:
ill Petitioner's name;
fl} Petitioner's address of the property for which a request for an alternate method
of compliance is made;
(3) Petitioner's telephone number and email address;
(A) Permit number and project name (if applicable);
(5) Name and contact information for petitioner's representative (if applicable);
(6) Water use activity;
ill Description of relief requested;
(8) Demonstration that the request qualifies for an alternate method of compliance;
and
(9) Such other reasonable information or pertinent facts as the Director may
require to verify that the requested alternate method of compliance is
necessary.
ill Review and approval procedures. An application for an alternate method of
compliance shall be reviewed and decided in accordance with the following
procedures:
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ill Reviewing authority. The Director shall, in their sole discretion, designate an
Alternate Method of Compliance Evaluator (the "AMC Evaluator") to review and
decide on all applications for an alternate method of compliance. Appeals of
such decisions shall be permitted only in accordance with the procedures below
and shall be decided by the Director, whose decision shall be final,
notwithstanding any other provisions of the Code governing appeals of
administrative decisions .
.(g.l Decision. The AMC Evaluator shall make a written determination within twenty-
one(21)days of filing a complete alternate method of compliance application,
as determined by the Director, and shall either grant, grant with modifications,
or deny the application. The applicant will be notified of the determination by
certified mail to the property's physical address.
l. The determination shall be made in accordance with the review criteria
set forth below and, when necessary, shall involve consultation with the
applicant or, where appropriate, the person or persons acting on behalf
of, or for the benefit of, the applicant.
ii. The AMC Evaluator may impose any reasonable and necessary
conditions of approval, including the condition that the alternate method
of compliance shall terminate either on the date indicated in the
determination or, if no termination date is indicated in the decision, shall
not run with the land and shall terminate upon any change to the
ownership or occupancy of the subject property, to ensure that the
alternate method of compliance does not result in negative or
detrimental impacts to the City, its water conservation efforts, or the
neighborhood and uses surrounding the applicant's property.
(3) Review criteria. The written decision to grant or deny a request for an alternate
method of compliance shall be consistent with Chapter 4QE-24,_ Florida
Administrative Code, and shall be based on whether the applicant has
demonstrated that the restrictions would lead to an unreasonable or unfair
result; provided the applicant demonstrates with particularity that compliance
with the schedule will result in substantial hardship to the applicant, those
served by the applicant, or the affected property. A substantial hardship as
identified herein includes, but is not limited to, an economic hardship, a
substantial negative impact on health or public safety, or other hardship on the
applicant or those served by the applicant. Relief may be granted only upon a
demonstration that such hardship exists, is peculiar to the person or the
affected property, is not self-imposed, and upon a demonstration that granting
the alternative method of compliance would be consistent with the general
intent and purpose of this section.
(4)If granted, the applicant shall be required to post a notice at each parcel to
which the alternate method of compliance applies.
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(5) An alternative method of compliance shall automatically be deemed invalid if it
has terminated or if the user or its agent violates the terms of the approved
alternative method of compliance.
e) Appeal of determination. An aggrieved or adversely affected party may appeal the
AMC Evaluator's decision to the Director in accordance with the following
procedures:
(1) Time to appeal. The applicant may file an appeal within thirty (30) days of the
date of the AMC Evaluator's written decision.
(2) Filing the appeal. Appeals shall be filed with the Department on a form
prescribed by the Director. Where the appeal is filed by a party other than the
applicant, the Department shall provide the applicant written notice of such
appeal, and the applicant may submit a written response within thirty (30) days
of the date of such written notice.
(3) Director's decision. Within sixty (60) days of the date the appeal is filed or the
date the applicant submits a written response, whichever is later, the Director
shall approve or deny the appeal and may affirm. modify, or reverse the
decision under review. The applicant will be notified of the determination via
certified mail to the property's physical address.
i. The Director's decision shall be consistent with and based on the above-
referenced state laws and the review criteria set forth above, the stated
basis for the appeal, and the applicant's response if any.
ii. Except as provided in this section, the Director's decision shall be set
forth in writing and shall be final, notwithstanding any other provisions of
the code governing appeals of administrative decisions.
f Fees
ill There shall be no fee for an application requesting an alternate method of
compliance from the AMC Evaluator in accordance with this section .
(2) There shall be no fee for an applicant's appeal or other parties appealing the
AMC Evaluator's decision in accordance with this section.
(3) I the project for which the request is being made includes requests for other
approvals or permits, such other application fees shall continue to apply.
g) Exhaustion of remedies.
ill To the extent permitted by federal and state laws. any applicant aggrieved or
adversely affected by any decision or determination of an administrative official
shall exhaust the administrative remedies prescribed in this section prior to
applying to any enforcing agency or court for relief .
(2) No party aggrieved or adversely affected by any decision or determination or
an administrative official may apply to any court for relief unless such person
has first exhausted the remedies provided for in this Section and taken all
available steps provided for herein.
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Secs. 110-81. Declaration of water shortage or water shortage emergency.
The declaration of a water shortage condition and/or water shortage emergency by the
District's Governing Board or District's Executive Director, within all, part, or multiple parts
of the City shall supersede this division for the duration of the applicable water shortage
declaration in accordance with Chapter 110,_Article II, Diyision 2, entitled "Conservation."
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Miami Beach City Code. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2024.
PASSED AND ADOPTED this day of,2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
Strikethrough denotes deletions
(sponsored by Vice-Mayor Laura Dominguez)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION > city A«orey } Date