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ORDINANCE NO. 07 -1220 <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, RELATING TO LANDSCAPE IRRIGATION; <br />CHANGING THE TITLE OF ARTICLE VI TO "WATER CONSERVATION <br />AND LANDSCAPE IRRIGATION "; AND CREATING A DIVISION I, <br />"WATER CONSERVATION GENERALLY" FOR SECTIONS 86 -321 <br />THROUGH 86 -331; REPEALING SECTION 86- 324(H) OF ARTICLE VI; <br />AMENDING ARTICLE VI TO ADD DIVISION 2 LANDSCAPE IRRIGATION; <br />PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER <br />CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. <br />JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING FOR <br />LEGISLATIVE INTENT AND PURPOSE; PROVIDING FOR WATER <br />CONSERVATION; PROVIDING FOR DEFINITIONS; PROVIDING THE <br />LANDSCAPE IRRIGATION SCHEDULE; PROVIDING FOR EXCEPTIONS <br />TO THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING FOR <br />VARIANCES FROM THE SPECIFIC DAY OF THE WEEK PROVISIONS; <br />PROVIDING FOR VARIANCE DECISION APPEALS; PROVIDING FOR <br />ENFORCEMENT OFFICIALS; PROVIDING FOR FEES; PROVIDING FOR <br />PENALTIES; PROVIDING FOR SEVERABILITY, CODIFICATION, <br />CONFLICTS AND EFFECTIVE DATE. <br />WHEREAS, the St. Johns River Water Management District has responsibility and <br />exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use <br />of water; and <br />WHEREAS, the St. Johns River Water Management District has amended Rule <br />40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small <br />irrigation uses below consumptive use permit thresholds in Rule 40C- 2.041(1), F.A.C.; and <br />WHEREAS, Rule 40C- 2.042(2)(a), F.A.C., grants a general permit to each person <br />located within the District to use, withdraw or divert water for such small landscape irrigation <br />uses, provided the irrigation does not occur more than two days per week and does not occur <br />between the hours of 10:00 a.m. and 4:00 p.m. daily, subject to certain exceptions as set <br />forth in Section 4 below; and <br />WHEREAS, Rule 40C- 2.042, F.A.C., applies to landscape irrigation regardless of <br />whether the water comes from ground or surface water, from a private well or pump, or <br />from a public or private utility; and <br />WHEREAS, Rule 40C- 2.042(2)(b) provides that a local government may adopt an <br />ordinance identifying the specific two days irrigation is allowed; and <br />WHEREAS, Rule 40C- 2.042(2)(b) provides that any such ordinance shall include a <br />District - specified irrigation schedule; and <br />WHEREAS, the City Commission of the City of Casselberry, Florida desires to adopt <br />1 <br />