Ord 28-01ORDINANCE NO. 28-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING TITLE 5, "PUBLIC
WORKS", CHAPTER 52, "WATER", SUBHEADING, "GENERAL
PROVISIONS"; BY AMENDING SECTION 52.01, "TURNING ON OF
SERVICE", TO PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY
RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY
CREATING A NEW SUBPARAGRAPH (B), PROVIDING FOR THE
OPENING OF AN ACCOUNT IF THERE IS ONLY ONE METER; BY
AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS",
SUBSECTION (B), TO PROVIDE FOR THE RETURN OF THE METER
BEFORE THE DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04,
"INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS", TO
PROVIDE FOR INTERCONNECTIONS WITH ADJACENT
MUNICIPALITIES AND WATER UT~ITIES; BY AMENDING THE
SUBHEADING, "METERS", BY REPEALING SECTION 52.15, "MINIMUM
SIZE OF METERS" AND ENACITNG A NEW SECTION 52.15, "MINIMUM
SIZE OF METERS", TO PROVIDE A METHOD TO DETERMINE THE
CORRECT METER SIZE; BY AMENDING SECTION 52.17, "MULTIPLE
CONNECTIONS THROUGH ONE METER", TO PROVIDE FOR
CONNECTIONS THROUGH ONE METER UNDER CERTAIN
CIRCUMSTANCES; BY AMENDING SECTION 52.19, "VEGETATION
WATER METERS", SUBSECTIONS (A) AND (B) AND ENACTING A
NEW SUBSECTION (D), TO PROVIDE FOR THE LOCATION AND
CIRCUMSTANCES WHERE USE OF A SEPARATE VEGETATION
WATER METER IS PERMISSABLE; BY AMENDING SECTION 52.30,
"OWNER RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST
PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B), (C), (D),
AND (E) TO CLARIFY THE RESPONSIBILITIES OF OWNERS AND
TENANTS; BY REPEALING SECTION 52.33, AND ENACTING A NEW
SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO
CONSOLIDATE THE RATES AND THE DEPOSIT RATE FOR 1 1/2 INCH
METERS OUTSIDE THE CITY, AND BY ENACTING A NEW
SUBSECTION (B) TO PROVIDE THAT CUSTOMERS WITH NO
PREVIOUS DELINQUENCY NEED NOT PAY A DEPOSIT; BY
AMENDING SECTION 52.39, "OTHER FEES", BY AMENDING
SUBSECTION (D), "METER REREADING CHARGE", TO PROVIDE FOR
THE CIRCUMSTANCES FOR THE IMPOSITION OF THE CHARGE; BY
AMENDING SUBSECTION 52.39(H), "FEE FOR MAINTENANCE OF
IMROVEMENTS IN RIGHT-OF-WAY", TO CORRECT THE FEE
CHARGED BY THE CITY FOR INSTALLATION OF IRRIGATION IN
RIGHTS-OF-WAY; BY AMENDING "WATER SHORTAGE
EMERGENCIES", SECTION 52.67, "APPLICATION OF PROVISIONS", TO
CLARI~Y THE STANDARDS FOR THE DECLARATION OF A WATER
SHORTAGE EMERGENCY; BY AMENDING SECTION 52.68, "WATER
SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS", AND
SECTION 52.69, "DECLARATION OF WATER SHORTAGE CONDITION;
EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF ANY
RESTRICTION IMPOSED BY THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT; AND BY AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, CHAPTER SIX, "INFRASTRUCTURE
AND PUBLIC PROPERTY", SECTION 6.1.10, "WATER SYSTEM",
SUBSECTION 6.1.10(B), "DESIGN STANDARDS", SUBPARAGRAPH
6.1.10(B)(2), "FIRE PROTECTION PROVISIONS", BY AMENDING THE
FOURTH BULLETED ITEM UNDER SECTION 6.1.10(B)(2) TO
ELIMINATE THE REFERENCE TO THE WIDTH OF THE ROAD; BY
AMENDING SECTION 6.1.10, "WATER SYSTEM", BY REPEALING
SECTION 6.1.10(B)(3), "PROHIBITION ON INTERCONNECTIONS", BY
REPEALING SECTION 6.1.10(B)(4), "LIMITATION ON NUMBER OF
STRUCTURES PER METER", BY REPEALING SECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION", AND BY
REPEALING SECTION 6.1.10(B)(6), "WATER METER SIZING",
DELETING THESE PROVISIONS FROM THE LAND DEVELOPMENT
REGULATIONS BECAUSE THE PROVISIONS ARE CONTAINED IN
CHAPTER 52 OF THE CODE OF ORDINANCES, AND BY AMENDING
SECTION 61.10 BY ENACTING A NEW SECTION 6.1.10(D),
"INCORPORATION BY REFERENCE", TO PROVIDE THAT CHAPTER
52, AS MAY BE AMENDED FROM TIME TO TIME, IS INCORPORATED
IN THE LAND DEVELOPMENT REGULATIONS BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", is hereby amended by amending Section 52.01, "Turning on of Service", by enacting a new
Subsection (A) and (B) to read as follows:
2 ORD. NO. 28-01
Section 52.01 TURNING ON OF SERVICE
(A) Upon application by the owner, authorized agent, property_ association or tenant of the
property for water service and payment of a deposit as required by this chapter and presentation of proper
and acceptable identification, water will be turned on a s soon as practical.
(B) If a duplex, two dwelling houses, tenant houses, apartment houses, or other buildings
suitable for living quarters or store buildings have only one meter, the account shall be opened in the name
of the owner, homeowners or condominium association, or other legal entity responsible for the account.
Section2. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", Section 52.03, "Use of Water From Hydrants", is hereby amended by amending Section
52.03(B), to read as follows:
Section 52.03 USE OF WATER FROM HYDRANTS.
(A) Fire hydrants shall not be used for obtaining potable water, except under certain
extenuating circumstances wherein a request, which must be in writing, may be made to the Director of
Environmental Services or his/her designee for permission to use a fire hydrant for potable water on an
interim or temporary basis. The Director of Environmental Services or his/her designee must approve all
such requests.
(B) If permission to use a fire hydrant is approved by the Director of Environmental
Services, or his/her designee, on an interim and temporary basis, the applicant shall be required to submit
an application including a minimum deposit of $350. The customer charges and capacity charges for a
two-inch meter as set forth in Sec. 52.34, shall be due and payable each and every month, for as long as the
meter is installed, regardless of whether the meter is actually turned on and without regard to usage. All
charges must be paid in full and the meter returned in serviceable condition before the deposit of $350 is
returned to the customer.
Section3. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", is hereby amended by amending Section 52.04, "Interconnection of Public and Private
Systems", to read as follows:
Section 52.04 INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS.
No physical connection shall be permitted between a distribution system of the city public
water supply and that of any other water supply, except for inter-connects with adjacent municipalities and
water utilities.
3 ORD. NO. 28-01
Section 4. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.15, "Minimum Size of Meters" is hereby repealed and a new Section 52.15, "Minimum Size of Meters"
is hereby enacted to read as follows:
Section 52.15 MIMINUM SIZE OF METERS.
(A) The minimum size meter to be used for connection to the City water system shall be three
fourths of one inch (3/4"). The required meter size for any connection shall be determined by the
Environmental Services Department in accordance with Tables (1) and (2) below. To arrive at the
appropriate size of the connection, the applicable units included in the Fixture Unit Value Table (1) will be
added together. The total applicable Fixture Units shall determine the minimum meter size.
(1) Fixture Unit Values Table
FIXTURE TYPE FIXTURE UNIT VALUE
Automatic clothes washers, commercial 3
Automatm clothes washers, residential 2
Bathroom group (with 3.5 gpf water closet) consisting of water closet, lavatory, 6
b~det and bathtub or shower
5
Bathroom group (with 1.6 gpf water closet)
Bathroom group (with 1 6 gpf flushometer tank) w~th water closet
Bathtub (w~th or without overhead shower or whirlpool attachments)
B~det
Combination s~nk and tray
Dental lavatory
Dental umt or cuspidor
Dishwashing machine, domestic
Drinking fountain
5.5
2
1/2
Emergency floor drain 0
Floor drams 2
Hose Connection 10
K~tchen sink, domestic 2
Kitchen sink, domestic with food waste gnnder and/or dishwasher
Laundry tray (1 or 2 compartments)
Lavatory
Shower compartment, domestm
Sink
Urinal 4
Urinal, 1 gallon per flush or less 2
Wash sink (c~rcular or multiple) each set of faucets
Water closet, flushometer tank, public or private
Water closet private installation
Water closet pubhc ~nstallat~on
Water closet (1 6 gPO, public ~nstallation
Water closet (1.6 gpf), private ~nstallatlon
Water closet (1 6 gPO, flushometer tank, private installation
Water closet (3 5 gPO, pubhc installation
Water closet (3.5 gPO, private ~nstallatlon
For SI: 1 inch o 25.4 mm, 1 gallon = 3.785 L.
3
3.5
6
4 ORD. NO. 28-01
(2) Minimum Meter Size Table
NO. OF FIXTURE UNITS
18
MINIMUM METER SIZE (Inches)
314
19-55 1
56-350 1 1/2
351-550 2
551-640 2 1/2
641-1340 3
(B) Size of meters for connections requiring meters larger than 3" will be determined by
Environmental Services department based on estimated peak demand flows as provided by the Engineer of
record for the facility.
Section 5. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.17, "Multiple Connections Through One Meter", is hereby amended to read as follows:
Section 52.17 MULTIPLE CONNECTIONS THROUGH ONE METER.
Two dwelling houses, tenant houses, apartment houses, or other buildings suitable for living
quarters or store buildings ~ may be connected through one water meter to the city water
supply provided, that there exists a single owner, association or other legal entity responsible for the
account. This provision shall not apply to master meters serving private water systems.
Section 6. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.19, "Vegetation Water Meters" is hereby amended by amending subsections 52.19(A) and (B) and by
enacting a new subsection 52.19(D), to read as follows:
(A) Separate vegetation water meters for the purpose of watering or irrigation of vegetation or
other plant life shall be permitted in an area east of a line which approximates Interstate 95 from the north
city limit to Linton Boulevard, then east to Southwest 4th Avenue, then south along Southwest 4th Avenue
(and extensions thereof) to the south City limit....~+ ..~c XT~.~...~ ~*. ,~,. ,...,,.,.,.,. ,o.~,...e;v'*' Avenue,.....~-~ ;*~.,..., ,.,~,.,.,-,.,~,..,.~v*~-~; ..... ~,,..,.,.,,....,'~;'~ +~.~,...~
cAt-y, or a line in close proximity thereto as may be established by the Director of Environmental Services;
however, no such separate meters shall be permitted on single-family residential properties:, except where
a single-family home is located on an individual lot or in a subdivision where a restriction of such use has
not been imposed during development approval. No separate vegetation water meter shall be permitted
west of said line except as provided in division (B) below.
(B) A separate vegetation water meter shall be permitted west of said line where the Director of
Environmental Services determines that the chloride content of the on-premises or available groundwater is
.... ,, ~ ,,, ~.~ .~+~ .... + ...... +~+; .....+~.~ ~+ ~;c~ renders it unsuitable for i~gation pu~oses.
5 ORD. NO. 28-01
(C) Said separate vegetation water meter shall serve a water system, and the water flowing from
and through such shall be used exclusively for the watering or irrigation of vegetation or other plant life.
No connection to said system shall be made for purposes other than the water or irrigation of vegetation or
other plant life.
(D) The use of City water for irrigation purposes may be allowed on a case by case basis
anywhere in the City where and when appropriate for good and sufficient purposes, and when there will be
no adverse effects on the municipal water system. Such approval may be granted only by the Director of
Environmental Services with the concurrence of the City Manager. Good and sufficient purposes may
include but are not limited to irrigation of areas small in size or resulting in minimal demand on the water
system, or where the siting of a well is not appropriate.
Section 7. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.30, "Owner Responsible For Charges", is hereby amended by repealing the first
subparagraph, and by enacting new subparagraphs 52.30 (A), (B), (C), (D) and (E) to read as follows:
Section 52.30 OWNER RESPONSIBLE FOR CHARGES.
(A) The owner of the property_ or the tenant being serviced by ci_ty water shall be responsible for
all charges against that property for their respective water use, as provided herein.
(B) It shall be the responsibility of the property owner to ensure continued payment for utility
services billed for vacant units whether or not utility services were utilized during the time the unit(s) were
vacant. Tenants shall be responsible for all charges incurred during the time the tenant occupied the unit(s).
(C) If an account has been opened by a tenant, the tenant shall be responsible for all charges;
provided, however, if the tenant vacates the premises, the owner shall be responsible for all charges to
vacant units as provided iv_ section (B) above.
(D) The City shall not refuse to accept an application for water services or refuse to open a
separate water service account in the name of a tenant because the previous tenant had an outstanding
unpaid balance. However, the City may refuse to open a separate water service account in the name of a
Tenant, if the Owner of the property has a delinquent account, until the Owner pays all delinquencies in
full.
(E) Charges for delinquent accounts shall include collection costs and reasonable attorney fees.
Section 8. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.33, "Deposit to Guarantee Payment", is hereby amended by repealing Section 52.33 and
by enacting a new Section 52.33 to read as follows:
6 ORD. NO. 28-01
Section 52.33 DEPOSIT TO GUARANTEE PAYMENT.
A guarantee-of-payment deposit for all bills shall be made by each consumer or owner
varying according to the size of the meter in use, as follows:
(A) Single family, Multi-family, nonresidential, and irrigation:
Meter Size (Inches)
Inside City Outside City
3/4 $100.00 $125.00
1 100.00 125.00
1-1/2 150.00 156.25 187.50
2 175.00 218.75
3 200.00 250.00
4 275.00 343.75
6 475.00 593.75
8 675.00 843.75
(B) If a customer had a previous account with the city and there were no previous delinquencies
the customer need not pay the city a deposit.
Section 9. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.39, "Other Fees", is hereby amended by amending Section 52.39 subparagraph 52.39(D),
"Meter Reread Charge" and Section 52.39 (H), "Fee for Maintenance of Improvements within Right~of-
Way", to read as follows:
Section 52.39 OTHER FEES.
(D) Meter Reread Charge. There will be a charge of $15.00 for each reread request in excess of
three such requests in any one month fc, r eac~ meter rerea~ requested by a customer. If the meter reading is
in error in favor of the customer, the account will be adjusted accordingly and the $15.00 service charge
shall be waived.
(H) Fee for Maintenance of Improvements within Right-of-Way. In the event the City places
landscaping improvements and irrigation systems to maintain the landscaping improvements within the
fight-of-way, the City Commission may impose a fee to cover the cost of providing water to maintain the
improvements and to provide for the cost of installing and maintaining a sprinkler or other irrigation
system. The City Commission may authorize the payment of a fee to be collected monthly and to be
included on the monthly water bill for property owners whose property adjoins the right-of-way in which
the City installed the landscaping improvements. The fee shall be $5.00 $7.50 per parcel located adjacent
to the fight-of-way.
7 ORD. NO. 28-01
Section 10. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Water Shortage
Emergencies", is hereby amended by amending Section 52.67, "Application of Provisions", to read as
follows:
Section 52.67 APPLICATION OF PROVISIONS.
The provisions of this subchapter shall apply to all persons using water both in and outside the city,
whenever the City Manager has determined that a water shortage condition or that a water shortage
emergency exists. The City Manager shall declare that a water shortage condition or water shortage
emergency exists within the city upon such a declaration by the governing board of the South Florida Water
Management District or the Department of Environmental ~ Protection. The Ci_ty Manager may
declare that a water shortage condition or water shortage emergency exists within the city whenever average
daily flows (ADF) measured at the City's water treatment facility reach or exceed 80% of permitted plant
capacity for 50% or more of any 30 day period.
Section 11. That Title 5, "Public Utilities", Chapter 52, "Water", subheading "Water Shortage
Emergencies" is hereby amended by amending Section 52.68, "Water Shortage Plan adopted by Reference;
Amendments" to read as follows:
Section 52.68 WATER SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS.
Chapter 40E-21, Florida Administrative Code restrictions otherwise issued by the South Florida
Water Management District and the Department of Environmental Protection is are incorporated herein by
reference as a part of the Code of Ordinances, as same may be amended from time to time.
Section 12. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Water Shortage
Emergencies", is hereby amended by amending Section 52.69, "Declaration of Water Shortage Condition;
Emergency", to read as follows:
Section 52.69 DECLARATION OF WATER SHORTAGE CONDITION; EMERGENCY.
The declaration of a water shortage condition or water shortage emergency within all or any part of
the City by the City Manager shall invoke the provisions of this subchapter. Upon the declaration, all water
use restrictions shall be subject to enforcement pursuant to this subchapter. When the City Manager
declares a water shortage condition or water shortage emergency, the City Manager may invoke alternative
water restrictions to water restrictions contained within Chapter 40E-21 of the Florida Administrative Code
and restrictions otherwise issued by the South Florida Water Management District and the Department of
Environmental Protection. Any violations of the provisions of Chapter 40E-21, Florida Administrative
Code, violations of restrictions imposed and issued by the South Florida Management District and the
Department of Environmental Protection or any violations of alternative restrictions invoked by the City
Manager, or any order issued pursuant thereto, shall be in violation of this subchapter.
8 ORD. NO. 28-01
Section 13. That the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Chapter Six, "Infrastructure and Public Property", Section 6.1.10, "Water System", Section
6.1.10(B), "Design Standards", subsection 6.1.10(B)(2), "Fire Protection Provisions", is amended by
amending the forth bulleted item under section 6.1.10(B)(2) to read as follows:
Section 6.1.10 Water System:
(B) Design Standards:
(2) Fire Protection Provisions:
All fire hydrants shall be placed in a position so as to be accessible at all
times from a paved road nc !e:: ......................
Section 14. That the Land Development regulations of the City of Delray Beach, Chapter Six,
"Infrastructure and Public Property", Section 6.1.10, "Water System", is hereby amended by repealing
Section 6.1.10(B)(3), "Prohibition on Interconnections", by repealing Section 6.1.10(B)(4), "Limitation on
Number of Structures Per Meter", by repealing Section 6.1.10(B)(5), "Prohibition on Use of City Water for
Irrigation", and by repealing Section 6.1.10(B)(6), "Water Meter Sizing".
Section 15. That the Land Development Regulations of the City of Delray Beach, Chapter Six,
"Infrastructure and Public Property", Section 6.1.10, "Water System", is hereby amended by enacting a new
subsection 6.1.10(D), "Incorporation by Reference", to read as follows:
(D) Incorporation by Reference. Chapter 52 of the Code of Ordinances of the City of Delra¥
Beach, as may be amended from time to time, is incorporated herein.
Section 16. That should any section or provision of this ordinance, or any portion thereof, or
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 17.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 18.
reading.
That this ordinance shall become effective upon adoption on second and final
9 ORD. NO. 28-01
PASSED AND ADOPTED in regular session on second and final reading on this the /~'~day of
,2001.
ATTEST:
City Clerk
First Reading
MAYOR
Second Reading
10 ORD. NO. 28-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND crI~ COMMISSIONERS
CITY MANAGER~
AGENDA ITEM #/~ ~) - REGULAR MEETING OF MAY 15, 2001
ORDINANCE NO. 28-01 (AMENDING CODE CHAPTER 52, "WATER" &
CHAPTER 6 "INFRASTRUCTURE & PUBLIC PROPERTY" OF THE
DATE:
LDR'S)
MAY 11, 2001
This is second reading and public hearing for Ordinance No. 28-01 which amends Code Chapter 52,
"Water" which darifies the following; who can apply for the turning on of water service; hydrant
deposit; interconnects with adjacent municipalities and water utilities; establishes a new table to
compute minimum meter size; a new description of where irrigation meters are allowed; responsibility
for charges incurred by the tenant; correct rates for a 1 ~" meter; charges imposed for meter re-reads;
increasing fee for non-metered irrigation of landscaping in right-of-way; and expanding rules for the
declaration of a water shortage emergency.
It also modifies Chapter 6, "Infrastructure & Public Property" of the Land Development Regulations
by repealing certain sections, thus eliminating redundancy, and modifying sections because they are
covered in Chapter 52 of the Code of Ordinances.
At the first reading on May 1~, Commission voted 5-0 to approve Ordinance No. 28-01. Recommend
approval of Ordinance No. 28-01 on second and final reading.
Ref~grnemo21.Ord.28-01.Water. Final.05.15 01
[ITY OF DELIlRY BE;ICH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
DELRAY BEACH
Writer's D~rect L~ne' 561/243-7091
1993
DATE: April 6, 2001
MEMORANDUM
TO:
David Harden, City Manager
Paul Dorling, Planning and Zoning Director
FROM:
Susan A. Ruby, City Attomey
SUBJECT: Ordinance - Revisions to Chapter 52, "Water"
The main changes in the above ordinance are as follows:
Clarifies who can apply for the turning on of water service in general and in the
event of the use of one meter.
Clarifies that the hydrant deposit will be refunded in full if the meter is returned in
serviceable condition.
Clarifies that interconnects with adjacent municipalities and water utilities are
permitted.
4. Establishes a new table to compute minimum meter size.
Establishes a new description of the area where irrigation meters are allowed and
provides that if approved by the City Manager or the Director of Environmental
Services, upon good cause, City water may be used for irrigation in other areas of
the City.
Provides in Section 52.30 who will be responsible for water service in units vacated
by tenants, except that in accordance with state statute, the tenant and not the owner
is responsible for charges incurred by the tenant.
7. Corrects the rate for a 1 1/2 inch meter.
Provides that a meter reread charge shall be imposed for reread requests in excess
of three in any one month and corrects the charge to be billed for water and
April 6, 2001
Page 2
landscaping provided by the City for property abutting a right-of-way where such
improvements are installed, to $7.50 per parcel.
o
Clarifies the rules to be followed upon the declaration of a water shortage
emergency.
10.
The purpose of modification to the Land Development Regulations is to eliminate
redundancy. The fourth bulleted item in Section 6.1.10(B)(2) of the LDR's is
eliminated to delete the reference to the width of the road. Section 6.1.10(B)(3)
"prohibition of interconnectors" is repealed because it is covered in Chapter 52,
Section 52.04. The LDRs are further amended by repealing Section 6.1.10(B)(4),
"Limitation of number of structures per meter", and Sections 61.10(B)(8) and
61.10(B)(6) because these sections are contained in Chapter 52. Lastly, the LDR's
are modified by adding Section 6.1.10(D), which incorporates Chapter 52 as may
be amended by reference.
Please call if you have any questions. Please place this item on the City Commission
agenda for first reading on May 1, 2001. The ordinance needs to be heard by the Planning
and Zoning Board before first reading. Thanks.
SAR:ci ~ ~
Attachment
cci
Joe Safford, Finance Director
Dick Hasko, Environmental Services Director
Jeff Costello, Principal Planner
Barbara Schooler, Utilities Director
City Of Delray Beach
Department of Eh vironmental Services
M E M 0 R A N D U M
I I I
~, delraY ~d, corn
TO:
FROM:
Susan Ruby, City Attorney
Richard C. Hazko, P.E., Environmental Services Director
SUBJECT: CHAPTER 52 REVISIONS
DATE: March 2, 2001
Per our recent discussion, I have completed minor additional revisions to the City Water
Ordinance, Chapter 52. I have added "Hose Connection" to Table 52.15(A)l, and I have adjusted
the line determining where potable connections for irrigation are allowed. While the primary
alignment will remain along that of Interstate 95 from the north City limits, I have adjusted the jog
at the south end of thc City from ~oja~ 10th Street to Linton Blvd. My reasoning for this
adjustment is twofold. First, since ~ve have an existing wellfield ~n the area excluded from potable
corm~ctions south of 10th Street east of 1-95, it is not desireable to encourage irrigation wells in
this area. Also, this is an area of predominantly industrial land use designation and includes the 20
series wellf~eld contamination source site (Aerodri), Once again, it is not appropriate to encourage
the use of ground water for an irrigation source in this vicinity.
The second reason for the skiff is the amount of water surface area (lakes) in the section of the City
south of Linton Blvd. b~'wec-n 1-95 and SW z~th Street. The area is predominantly residential with
lake systems connected directly to the C-15 canal, Recharging flows from upstream areas of the
SFWMD C-15 Basin are anticipated to reduce or counteract the effect of' ground water table
drawdown from irrigation wells through maintenance of lake water elevations.
If you have any additional questions or concerns, please call me at ext. 7336.
/rch
c:
David T. Harden, City Manager
Dan Beatty, P.E., Deputy Director of Public Utilities
ORDINANCE NO. 28-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING TITLE 5, "PUBLIC
WORKS", CHAPTER 52, "WATER", SUBHEADING, "GENERAL
PROVISIONS"; BY AMENDING SECTION 52.01, "TURNING ON OF
SERVICE", TO PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY
RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY
CREATING A NEW SUBPARAGRAPH (B), PROVIDING FOR THE
OPENING OF AN ACCOUNT IF THERE IS ONLY ONE METER; BY
AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS",
SUBSECTION (B), TO PROVIDE FOR THE RETURN OF THE METER
BEFORE THE DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04,
"INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS", TO
PROVIDE FOR INTERCONNECTIONS WITH ADJACENT
MUNICIPALITIES AND WATER UTILITIES; BY AMENDING THE
SUBHEADING, "METERS", BY REPEALING SECTION 52.15, "MINIMUM
SIZE OF METERS" AND ENACITNG A NEW SECTION 52.15, "MINIMUM
SIZE OF METERS", TO PROVIDE A METHOD TO DETERMINE THE
CORRECT METER SIZE; BY AMENDING SECTION 52.17, "MULTIPLE
CONNECTIONS THROUGH ONE METER", TO PROVIDE FOR
CONNECTIONS THROUGH ONE METER UNDER CERTAIN
CIRCUMSTANCES; BY AMENDING SECTION 52.19, "VEGETATION
WATER METERS", SUBSECTIONS (A) AND (B) AND ENACTING A
NEW SUBSECTION (D), TO PROVIDE FOR THE LOCATION AND
CIRCUMSTANCES WHERE USE OF A SEPARATE VEGETATION
WATER METER IS PERMISSABLE; BY AMENDING SECTION 52.30,
"OWNER RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST
PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B), (C), (D),
AND (E) TO CLARIFY THE RESPONSmlLITIES OF OWNERS AND
TENANTS; BY REPEALING SECTION 52.33, AND ENACTING A NEW
SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO
CONSOLIDATE THE RATES AND THE DEPOSIT RATE FOR 1 1/2 INCH
METERS OUTSIDE THE CITY, AND BY ENACTING A NEW
SUBSECTION (B) TO PROVIDE THAT CUSTOMERS WITH NO
PREVIOUS DELINQUENCY NEED NOT PAY A DEPOSIT; BY
AMENDING SECTION 52.39, "OTHER FEES", BY AMENDING
SUBSECTION (D), "METER REREADING CHARGE", TO PROVIDE FOR
THE CIRCUMSTANCES FOR THE IMPOSITION OF THE CHARGE; BY
A1MENDING SUBSECTION 52.39(H), "FEE FOR MAINTENANCE OF
IMROVEMENTS IN RIGHT-OF-WAY", TO CORRECT THE FEE
CHARGED BY THE CITY FOR INSTALLATION OF IRRIGATION IN
RIGHTS-OF-WAY; BY AMENDING "WATER SHORTAGE
EMERGENCIES", SECTION 52.67, "APPLICATION OF PROVISIONS", TO
CLARIFY THE STANDARDS FOR THE DECLARATION OF A WATER
SHORTAGE EMERGENCY; BY AMENDING SECTION 52.68, "WATER
SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS", AND
SECTION 52.69, "DECLARATION OF WATER SHORTAGE CONDITION;
EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF ANY
RESTRICTION IMPOSED BY THE SOUTH FLORDA WATER
MANAGEMENT DISTRICT; AND BY AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, CHAPTER SIX, "INFRASTRUCTURE
AND PUBLIC PROPERTY", SECTION 6.1.10, "WATER SYSTEM",
SUBSECTION 6.1.10(B), "DESIGN STANDARDS", SUBPARAGRAPH
6.1.10(B)(2), "FIRE PROTECTION PROVISIONS", BY AMENDING THE
FOURTH BULLETED ITEM UNDER SECTION 6.1.10(B)(2) TO
ELIMINATE THE REFERENCE TO THE WIDTH OF THE ROAD; BY
AMENDING SECTION 6.1.10, "WATER SYSTEM", BY REPEALING
SECTION 6.1.10(B)(3), "PROHIBITION ON 1NTERCONNECTIONS", BY
REPEALING SECTION 6.1.10(B)(4), "LIMITATION ON NUMBER OF
STRUCTURES PER METER", BY REPEALING SECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION", AND BY
REPEALING SECTION 6.1.10(B)(6), "WATER METER SIZING",
DELETING THESE PROVISIONS FROM THE LAND DEVELOPMENT
REGULATIONS BECAUSE THE PROVISIONS ARE CONTAINED IN
CHAPTER 52 OF THE CODE OF ORDINANCES, AND BY AMENDING
SECTION 61.10 BY ENACTING A NEW SECTION 6.1.10(D),
"INCORPORATION BY REFERENCE", TO PROVIDE THAT CHAPTER
52, AS MAY BE AMENDED FROM TIME TO TIME, IS INCORPORATED
IN THE LAND DEVELOPMENT REGULATIONS BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", is hereby amended by amending Section 52.01, "Turning on of Service", by enacting a new
Subsection (A) and (B) to read as follows:
Section 52.01 TURNING ON OF SERVICE
(A) Upon application by the owner, authorized agent, property association or tenant of the
property for water service and payment of a deposit as required by this chapter and presentation of proper
and acceptable identification, water will be turned on a s soon as practical.
2 ORD. NO. 28-01
(B) If a duplex, two dwelling houses, tenant houses, apartment houses, or other buildings
suitable for living quarters or store buildings have only one meter, the account shall be opened in the name
of the owner, homeowners or condominium association, or other legal entity responsible for the account.
Section2. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", Section 52.03, "Use of Water From Hydrants", is hereby amended by amending Section
52.03(B), to read as follows:
Section 52.03 USE OF WATER FROM HYDRANTS.
(A) Fire hydrants shall not be used for obtaining potable water, except under certain
extenuating circumstances wherein a request, which must be in writing, may be made to the Director of
Environmental Services or his/her designee for permission to use a fire hydrant for potable water on an
interim or temporary basis. The Director of Environmental Services or his/her designee must approve all
such requests.
(B) If permission to use a fire hydrant is approved by the Director of Environmental
Services, or his/her designee, on an interim and temporary basis, the applicant shall be required to submit
an application including a minimum deposit of $350. The customer charges and capacity charges for a
two-inch meter as set forth in Sec. 52.34, shall be due and payable each and every month, for as long as the
meter is installed, regardless of whether the meter is actually turned on and without regard to usage. All
charges must be paid in full and the meter returned in serviceable condition before the deposit of $350 is
returned to the customer.
Section3. That Title 5, "Public Works", Chapter 52, "Water", subheading, "General
Provisions", is hereby amended by amending Section 52.04, "Interconnection of Public and Private
Systems", to read as follows:
Section 52.04 INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS.
No physical connection shall be permitted between a distribution system of the city public
water supply and that of any other water supply, except for inter-connects with adjacent municipalities and
water utilities.
Section 4. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.15, "Minimum Size of Meters" is hereby repealed and a new Section 52.15, "Minimum Size of Meters"
is hereby enacted to read as follows:
Section 52.15 MIMINUM SIZE OF METERS.
(A) The minimum size meter to be used for connection to the City water system shall be three
fourths of one inch (3/4"). The required meter size for any connection shall be determined by the
3 ORD. NO. 28-01
Environmental Services Department in accordance with Tables (1) and (2) below. To arrive at the
appropriate size of the connection, the applicable units included in the Fixture Unit Value Table (1) will be
added together. The total applicable Fixture Units shall determine the minimum meter size.
(1) Fixture Unit Values Table
FIXTURE TYPE FIXTLrRE UNIT VALUE
Automatic clothes washers, commercial 3
Automatic clothes washers, residential 2
Bathroom group (with 3 5 gpf water closet) consisting of water closet, lavatory, 6
bidet and bathtub or shower
5
Bathroom group (with 1.6 gpf water closet)
Bathroom group (with 1.6 gpf flushometer tank) with water closet
Bathtub (w~th or without overhead shower or whirlpool attachments)
Bidet
Comb~naUon sink and tray
Dental lavatory
Dental unit or cuspidor
Dlshwashlng machine, domestic
Drinking fountmn
55
1/2
Emergency floor drain 0
Floor drmns 2
Hose Connection 10
Kitchen sink, domestic 2
Kitchen sink, domestic with food waste grinder and/or dishwasher
Laundry tray (1 or 2 compartments)
.avatory
Shower compartment, domestic
S~nk
Urinal 4
Urinal, 1 gallon per flush or less 2
Wash s~nk (circular or multiple) each set of faucets
Water closet, flushometer tank, pubhc or private
Water closet private installation
4
Water closet public installation 6
4
Water closet (1.6 gpf), pubhc installation
Water closet (1.6 gpO, private installation
Water closet
Water closet
Water closet (3 5 gpO, private installation
For SI. 1 inch - 25 4 mm, 1 gallon = 3.785 L.
(1.6 gPO, flushometer tank, private installation
(3 5 gPO, public installation
35
(2) Minimum Meter Size Table
NO. OF FIXTURE UNITS
18
19-55
56-350
351-550
551-640
641-1340
MINIMUM METER SIZE (Inches)
3/4
1 1/2
2
2 1/2
3
4 ORD. NO. 28-01
(B) Size of meters for connections requiring meters larger than 3" will be determined by
Environmental Services department based on estimated peak demand flows as provided by the Engineer of
record for the facility.
Section 5. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.17, "Multiple Connections Through One Meter", is hereby amended to read as follows:
Section 52.17 MULTIPLE CONNECTIONS THROUGH ONE METER.
Two dwelling houses, tenant houses, apartment houses, or other buildings suitable for living
quarters or store buildings ~ may be connected through one water meter to the city water
supply provided, that there exists a single owner, association or other legal enti _ty responsible for the
account. This provision shall not apply to master meters serving private water systems.
Section 6. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Meters", Section
52.19, "Vegetation Water Meters" is hereby amended by amending subsections 52.19(A) and (B) and by
enacting a new subsection 52.19(D), to read as follows:
(A) Separate vegetation water meters for the purpose of watering or irrigation of vegetation or
other plant life shall be permitted in an area east of a line which approximates Interstate 95 from the north
city limit to Linton Boulevard, then east to Southwest 4th Avenue, then south along Southwest 4th Avenue
( d i th f) th th Cityli it
an extensons ereo to esou m
c-it-y, or a line in close proximity thereto as may be established by the Director of Environmental Services;
however, no such separate meters shall be permitted on single-family residential properties:, except where
a single-family home is located on an individual lot or in a subdivision where a restriction of such use has
not been imposed during development approval. No separate vegetation water meter shall be permitted
west of said line except as provided in division (B) below.
(B) A separate vegetation water meter shall be permitted west of said line where the Director of
Environmental Services determines that the chloride content of the on-premises or available groundwater is
.... ~, n~ ,,. ~.~ ,~,~,~4 .... + ...... ,~,; .....,~,~ -~n,~ ~;c~ renders it unsuitable for irrigation purposes
(C) Said separate vegetation water meter shall serve a water system, and the water flowing from
and through such shall be used exclusively for the watering or irrigation of vegetation or other plant life.
No connection to said system shall be made for purposes other than the water or irrigation of vegetation or
other plant life.
(D) The use of City water for irrigation purposes may be allowed on a case by case basis
anywhere in the City where and when appropriate for good and sufficient purposes, and when there will be
no adverse effects on the municipal water system. Such approval may be granted only by the Director of
Environmental Services with the concurrence of the City Manager. Good and sufficient purposes may
include but are not limited to irrigation of areas small in size or resulting in minimal demand on the water
system, or where the siting of a well is not appropriate.
5 ORD. NO. 28-01
Section 7. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.30, "Owner Responsible For Charges", is hereby amended by repealing the first
subparagraph, and by enacting new subparagraphs 52.30 (A), (B), (C), (D) and (E) to read as follows:
Section 52.30 OWNER RESPONSIBLE FOR CHARGES.
(A) The owner of the property or the tenant being serviced by city water shall be responsible for
all charges against that property for their respective water use, as provided herein.
(B) It shall be the responsibility of the property owner to ensure continued payment for utility
services billed for vacant units whether or not utility services were utilized during the time the unit(s) were
vacant. Tenants shall be responsible for all charges incurred during the time the tenant occupied the unit(s).
(C) If an account has been opened by a tenant, the tenant shall be responsible for all charges;
provided, however, if the tenant vacates the premises, the owner shall be responsible for all charges to
vacant units as provided in section (B) above.
(D) The City shall not refuse to accept an application for water services or refuse to open a
separate water service account in the name of a tenant because the previous tenant had an outstanding
unpaid balance. However, the City may refuse to open a separate water service account in the name of a
Tenant, if the Owner of the property has a delinquent account, until the Owner pays all delinquencies in
full.
(E) Charges for delinquent accounts shall include collection costs and reasonable attorney fees.
Section 8. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.33, "Deposit to Guarantee Payment", is hereby amended by repealing Section 52.33 and
by enacting a new Section 52.33 to read as follows:
Section 52.33 DEPOSIT TO GUARANTEE PAYMENT.
A guarantee-of-payment deposit for all bills shall be made by each consumer or owner,
varying according to the size of the meter in use, as follows:
(A) Single family, Multi-family, nonresidential, and irrigation:
Meter Size (Inches)
Inside City
Outside City
3/4 $100.00 $125.00
I 100.00 125.00
1-1/2 150.00 154.25 187.50
2 175.00 218.75
3 200.00 250.00
6 ORD. NO. 28-01
4 275.00 343.75
6 475.00 593.75
8 675.00 843.75
(B) If a customer had a previous account with the city and there were no previous delinquencies,
the customer need not pay the city a deposit.
Section 9. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Rates, Charges, and
Fees", Section 52.39, "Other Fees", is hereby amended by amending Section 52.39 subparagraph 52.39(D),
"Meter Reread Charge" and Section 52.39 (H), "Fee for Maintenance of Improvements within Right-of-
Way", to read as follows:
Section 52.39 OTHER FEES.
(D) Meter Reread Charge. There will be a charge of $15.00 for each reread request in excess of
three such requests in any one month fc, r each meter reread requested by a customer. If the meter reading is
in error in favor of the customer, the account will be adjusted accordingly and the $15.00 service charge
shall be waived.
(H) Fee for Maintenance of Improvements within Right-of-Way. In the event the City places
landscaping improvements and irrigation systems to maintain the landscaping improvements within the
right-of-way, the City Commission may impose a fee to cover the cost of providing water to maintain the
improvements and to provide for the cost of installing and maintaining a sprinkler or other irrigation
system. The City Commission may authorize the payment of a fee to be collected monthly and to be
included on the monthly water bill for property owners whose property adjoins the right-of-way in which
the City installed the landscaping improvements. The fee shall be $5.90 $7.50 per parcel located adjacent
to the right-of-way.
Section 10. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Water Shortage
Emergencies", is hereby amended by amending Section 52.67, "Application of Provisions", to read as
follows:
Section 52.67 APPLICATION OF PROVISIONS.
The provisions of this subchapter shall apply to all persons using water both in and outside the city,
whenever the City Manager has determined that a water shortage condition or that a water shortage
emergency exists. The City Manager shall declare that a water shortage condition or water shortage
emergency exists within the city upon such a declaration by the governing board of the South Florida Water
Management District or the Department of Environmental Regutafio~ Protection. The City Manager may
declare that a water shortage condition or water shortage emergency exists within the city whenever average
daily flows (ADF) measured at the City's water treatment facility reach or exceed 80% of permitted plant
capacity for 50% or more of any 30 day period.
7 ORD. NO. 28-01
Section 11. That Title 5, "Public Utilities", Chapter 52, "Water", subheading "Water Shortage
Emergencies" is hereby amended by amending Section 52.68, "Water Shortage Plan adopted by Reference;
Amendments" to read as follows:
Section 52.68 WATER SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS.
Chapter 40E-21, Florida Administrative Code restrictions otherwise issued by the South Florida
Water Management District and the Department of Environmental Protection is are incorporated herein by
reference as a part of the Code of Ordinances, as same may be amended from time to time.
Section 12. That Title 5, "Public Works", Chapter 52, "Water", subheading, "Water Shortage
Emergencies", is hereby amended by amending Section 52.69, "Declaration of Water Shortage Condition;
Emergency", to read as follows:
Section 52.69 DECLARATION OF WATER SHORTAGE CONDITION; EMERGENCY.
The declaration of a water shortage condition or water shortage emergency within all or any part of
the City by the City Manager shall invoke the provisions of this subchapter. Upon the declaration, all water
use restrictions shall be subject to enforcement pursuant to this subchapter. When the City Manager
declares a water shortage condition or water shortage emergency, the City Manager may invoke alternative
water restrictions to water restrictions contained within Chapter 40E-21 of the Florida Administrative Code
and restrictions otherwise issued by the South Florida Water Management District and the Department of
Environmental Protection. Any violations of the provisions of Chapter 40E-21, Florida Administrative
Code, violations of restrictions imposed and issued by the South Florida Management District and the
Department of Environmental Protection or any violations of alternative restrictions invoked by the City
Manager, or any order issued pursuant thereto, shall be in violation of this subchapter.
Section 13. That the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Chapter Six, "Infrastructure and Public Property", Section 6.1.10, "Water System", Section
6.1.10(B), "Design Standards", subsection 6.1.10(B)(2), "Fire Protection Provisions", is amended by
amending the forth bulleted item under section 6.1.10(B)(2) to read as follows:
Section 6.1.10 Water System:
(B) Design Standards:
(2) Fire Protection Provisions:
· All fire hydrants shall be placed in a position so as to be accessible at all
times from a paved road nc, lc:: ~h,,~ -~A c~, ~ .... ;,~,,
Section 14. That the Land Development regulations of the City of Delray Beach, Chapter Six,
"Infrastructure and Public Property", Section 6.1.10, "Water System", is hereby amended by repealing
8 ORD. NO. 28-01
Section 6.1.10(B)(3), "Prohibition on Interconnections", by repealing Section 6.1.10(B)(4), "Limitation on
Number of Structures Per Meter", by repealing Section 6.1.10(B)(5), "Prohibition on Use of City Water for
Irrigation", and by repealing Section 6.1.10(B)(6), "Water Meter Sizing".
Section 15. That the Land Development Regulations of the City of Delray Beach, Chapter Six,
"Infrastructure and Public Property", Section 6.1.10, "Water System", is hereby amended by enacting a new
subsection 6.1.10(D), "Incorporation by Reference", to read as follows:
(D) Incorporation by Reference. Chapter 52 of the Code of Ordinances of the City of Delray
Beach, as may be amended from time to time, is incorporated herein.
Section 16. That should any section or provision of this ordinance, or any portion thereof, or
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 17.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 18.
reading.
That this ordinance shall become effective upon adoption on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the
,2001.
day of
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
9 ORD. NO. 28-01