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Orange County Landscaping Ordinance Adoption Hearing

Orange County Landscaping Ordinance Adoption Hearing. Presented to: Orange County Board of County Commissioners September 22, 2009. Reduce water use by reducing the need for irrigation through efficient landscaping principals. Purpose of Ordinance. Presentation Outline.

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Orange County Landscaping Ordinance Adoption Hearing

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  1. Orange CountyLandscaping OrdinanceAdoption Hearing Presented to: Orange County Board of County Commissioners September 22, 2009

  2. Reduce water use by reducing the need for irrigation through efficient landscaping principals. Purpose of Ordinance

  3. Presentation Outline • State of Water Use in Orange County • Strategic Approach • Education • Incentives • Regulatory • Specific Revisions Ordinance • Public Input • Requested Action

  4. State of Water Use • Water demands double by 2025 • Limits on the Floridan Aquifer Slide prepared by M. Dukes, August 25, 2009

  5. State of Water Use

  6. State of Water Use

  7. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Extra water needed Typical rainfall Plant needs State of Water Use Seasonal rainfall typically provides enough water, except during height of dry season 8” 6” 4” 2” Information from South Florida Water Management District 2009

  8. Wasted 7’ 6’ 5’ 4’ 3’ 2’ 1’ State of Water Use Watering your lawn every other day for 15-30 minutes adds up to 7 feet of water per year MORE than what your grass needs to stay green and healthy. Information from South Florida Water Management District 2009

  9. Consumptive Use Permits - Groundwater Allocation capped at 2013 demands One permit with SJRWMD (2026) Two permits with SFWMD (2022, 2027) St. Johns River WMD South Florida WMD State of Water Use

  10. Legislative Actions in 2009 Updates to District Water Supply Plans Update to our Water Conservation Ordinance in 2008, new revisions in progress Commercial Water Rates Changes Fertilizer Ordinance Landscape Ordinance State of Water Use

  11. State of Water Use Reclaimed Water Surface Water Supply Groundwater Supply Stormwater Aquifer Recharge Conservation

  12. Incentive & Economic Strategic Approach Education & Research Regulatory & Compliance

  13. Incentive & Economic Strategic Approach Education & Research Regulatory & Compliance

  14. Partnerships FNGLA Home Improvement Centers Homeowners Associations Water Management Districts Other Utilities Environmental Protection Agency Education

  15. Media Campaign Bill stuffers Florida Friendly Landscape Workshops Public Service Announcements Campaign Partnership with EPA Water Sense Educational Tools Website Education

  16. Mobile Irrigation System Audits Inspection of irrigation controller and hardware Determination of landscape watering needs Review of current irrigation schedules Check Performance of Irrigation System Report all Findings Education

  17. Incentive & Economic Strategic Approach Education & Research Regulatory & Compliance

  18. Water-Smart Rebate Program Minimum amount to turf to be converted Maximum amount of turf allowed (60%) Certain lot size to participate Must make all repairs to irrigation system itself Must use the Florida Friendly Plant list Incentives

  19. Conservation water rates provide price signal to wisely use water Inclining block rate structure Water use decreases as the price of water increases Economics Information from Report June 8, 2009 J.Heaney and R.McLarty (adapted from Whitcomb 2005)

  20. Economics (Existing) • Residential Rates - Volume Charge 0 – 3,000 gallons $ 0.95 per 1,000 4,000 – 10,000 gallons $ 1.27 per 1,000 11,000 – 20,000 gallons $ 2.52 per 1,000 21,000 – 30,000 gallons $ 4.26 per 1,000 Above 31,000 gallons $ 7.21 per 1,000

  21. Residential Rates - Volume Charge 0 – 3,000 gallons $ 1.01 per 1,000 4,000 – 10,000 gallons $ 1.35 per 1,000 11,000 – 20,000 gallons $ 2.68 per 1,000 21,000 – 30,000 gallons $ 5.35 per 1,000 Above 31,000 gallons $10.70 per 1,000 Economics (New Rate)

  22. Commercial Rates - Volume Charge 0 – 3,000 gallons $ 0.95 per 1,000 Above 31,000 gallons $ 1.27 per 1,000 Economics (Existing)

  23. Economics • Focus on implementation of a conservation rate structure for commercial irrigation meters • Introduces conservation rates to commercial customers • Targets discretionary use of water • Does not adversely impact the non-discretionary water use

  24. Commercial Rates - Volume Charge (5/8” meter) 0 – 10,000 gallons $ 1.35 per 1,000 11,000 – 20,000 gallons $ 2.68 per 1,000 21,000 – 30,000 gallons $ 5.35 per 1,000 Above 31,000 gallons $10.70 per 1,000 Commercial Rates – Volume Charge (1” or > meter) All Consumption $ 1.35 per 1,000 Economics (New Rates)

  25. Incentive & Economic Strategic Approach Education & Research Regulatory & Compliance

  26. Outline of Ordinance Revisions Definitions revised or added : - Canopy Tree - Florida Friendly - Ground cover - Low Impact Development (LID) - Understory tree Landscape plan submittal requirements Florida Friendly and LID not prohibited

  27. Outline of Ordinance Revisions Turf grass restrictions - ROW landscape buffer strip and parking lot - Maximum of 60% turf in commercial and residential common area landscaping 2 commercial plant design options (both use FF plant list) - Option #1 = 40% / 40% / 20% ( 60% turf max. ) - Option #2 = Florida Friendly principals ( 60% turf max. ) Plants to be grouped by irrigation demand - High water use - Moderate water use - Low water use

  28. Outline of Ordinance Revisions Cross reference Chapter 37 ; irrigation requirements Exemptions: - 2 or less residential units - Golf courses - Retention ponds - Agricultural operations

  29. - Hillsborough County - Seminole County - Volusia County - Alachua County - Palm Beach County - Collier County - Polk County - Lake County - Pasco County - City of Orlando - City of Longwood - City of Winter Park Similar Jurisdiction Initiatives

  30. Limit of work Existing utilities Floor elevations Existing trees Compliance certification Submittal Requirements

  31. 60% turf maximum in residential common areas Turf Grass Restrictions Low-water use ground cover High-water use ‘thirsty’ turf

  32. 60% turf maximum Turf Grass Restrictions Low-water use ground cover High-water use ‘thirsty’ turf

  33. Prohibited in parking lot islands Turf Grass Restrictions Shrub and GC in parking lots No turf strips in parking lot islands

  34. ROW buffer strip Turf Grass Restrictions Irrigation water overspray No thin turf strips along the ROW

  35. - 40% Drought Tolerant - 40% Moderate Drought Tolerant - 20% Thirsty Landscape Design Options Design Option # 1 Use Florida Friendly Plant List

  36. Landscape Design Options Design Option # 2 Florida Friendly plant design principals and plant material ‘Right Plant Right Place’

  37. What is Florida Friendly ? Florida Friendly – 9 design principals • ‘Right Plant , Right Place’ • Efficient watering • Appropriate fertilizing • Mulching • Attraction of wildlife • Responsible mngt. of pests • Recycled yard waste • Reduced stormwater runoff • Waterfront protection

  38. Compliance certification statement required on landscape plan sheets Compliance Certification

  39. High Water Use Zones Low to no drought tolerance Moderate Water Use Zones - medium drought tolerance / medium drained soils Low Water Use Zones - high drought tolerance Water Use Zones Defined

  40. Exemptions • Two (2) or Less Residential Units on • a single parcel of record.

  41. Bona Fide Agricultural Exemptions

  42. Compliance certification statements required - Design compliance - Maintenance compliance (placed in deed restrictions) Preliminary Subdivision Plans

  43. Implementation Enaction date delayed for 1 year education and outreach period Effective date : October 1, 2010

  44. - Potable Water Element ; Objective 2.2 - Future Land Use Element ; Objective 4.2 - Conservation Element ; Goal # 1 Comprehensive Plan Consistency

  45. Public Participation June 23, 2009 - BCC Work Session July 23, 2009 - LPA work session August 5, 2009 - Stakeholders August 7, 2009 - OC Utilities Planning Group August 20, 2009 - LPA recommendation of adoption Sept. 2, 9, 16 - Development Advisory Board (DAB) September 22 - Board of County Commissioners

  46. Other input Continuing input since the public meetings : FDEP comments relate to reducing pollution and preserving water quality as we strive to conserve water. Big issues: • Do not encourage mulch without vegetative matting • Promote low impact development techniques. DAB comment was to clarify the section on PSPs. DAB and about half of the FDEP recommendations can be handled now by amendment. (The remainder to be addressed in the larger chapter 24 rewrite.)

  47. Proposed Amendments • DEP amendments to enhance preservation of water quality: • Page 4, line 159 – after the word “which”, insert : • reduce nonpoint source pollution and • Page 8, Strike lines 323 and 324 and insert : • feet in width. Groundcover shall be used on this landscape strip; however, turf, turfgrass or sod shall not be permitted for use on this landscape strip.

  48. Proposed Amendments • DEP amendments to enhance preservation of water quality, conform irrigation references to chapter 37 of the code, and conform with current practice: • Page 14, Strike lines 586 and 587 and insert (5) Irrigation. Reuse water shall be used as defined in chapter 37 of this code. The irrigation system shall be designed to .... • Page 15, Strike lines 626 through 629 (conforming) • Page 1 (title, line 38) strike the words “WHERE AVAILABLE” and insert “AS DEFINED IN CHAPTER 37 OF THE ORANGE COUNTY CODE” (conforming)

  49. Proposed Amendments • DAB amendment to clarify that total PSP turf grass limitations should be calculated using individual lots: • Page 17, line 688 – strike the words or individual residential lots Strike lines 691-194 and insert: contain no more than 60% turf, as defined in section 24-2 of this Code, based upon the total square footage of landscaped and irrigated common areas, but not including qualified retention ponds and storm water conveyance systems; provided, however, that no more than 60% of the landscaping on individual residential lots may be turf, and

  50. Board Action Request BCC to: Make a determination that the proposed ordinance will not have a substantial economic impact on the development of real property in Orange County; Make a finding of consistency with the County’s comprehensive plan; Adopt the ordinance, including the amendments presented today; and Authorize staff to make non-substantive revisions to grammar and formatting if necessary.

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