G-09-05-14-8A1 - 5/14/2009ORDINANCE NO. G— (ft"" 69" (4 --
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, AND
ADDING SECTION 3.1600, CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
INSTALLATION OF LANDSCAPE IRRIGATION SYSTEMS; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 3, Section 3.105(5), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
SECTION 3.105 PERMIT FEES
(5) Other Permits
(a) Any owner, authorized agent, or contractor who desires to enlarge, alter,
remodel, repair, or change the occupancy of a building or structure, or to erect
or construct a sign of any description, or to install irrigation systems, or alter
fire extinguishing apparatus, elevators, engines or to install a steam boiler,
furnace, heater, incinerator, or other heat producing apparatus, or other
appurtenances, or otherwise provide for a fixed improvement, the installation
of which is regulated by this Code of Ordinances, shall pay a fee for each
building permit as required at the time of filing application in accordance with
the following schedule:
Total Valuation Fees
$2,000 and less $35.00
$2,001 to $15,000 $35.00 for the first $2,000 plus $7.00 for each
additional thousand or fraction thereof, to and including
$15,000.
$15,001 to $50,000 $125.00 for the first $15,000 plus $4.00 for each
additional thousand or fraction thereof, to and including
$50,000.
$50,001 to $100,000 $260.00 for the first $50,000 plus $3.00 for each
additional thousand or fraction thereof, to and including
$100,000.
$100,000 to $500,000 $400.00 for the first $100,000 plus $2.00 for each
additional thousand or fraction thereof, to and including
$500,000.
$500,001 and up $1,200.00 for the first $500,000 plus $1.00 for each
additional thousand or fraction thereof.
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(b) Any owner, authorized agent, or contractor who desires to enlarge, alter,
remodel, repair, or change the occupancy of a building or structure, or to erect
or construct a sign of any description, or to install or alter fire extinguishing
apparatus, elevators, engines or to install a steam boiler, furnace, heater,
incinerator, or other heat producing apparatus, or other appurtenances, or
otherwise provide for a fixed improvement, the installation of which is
regulated by the City Fire Code, shall pay a fee for the review of plans for
compliance with Fire Code requirements and for the initial in -field inspection
of the building at the time of filing application in accordance with the following
schedule:
Total Valuation Fees
$2,000 and less $15.00
$2,001 to $15,000 $25.00 for the first $2,000 plus $1.50 for each
additional thousand or fraction thereof, to and including
$15,000.
$15,001 to $50,000 $50.00 for the first $15,000 plus $1.25 for each
additional thousand or fraction thereof, to and including
$50,000.
$50,001 to $100,000 $100.00 for the first $50,000 plus $1.00 for each
additional thousand or fraction thereof, to and including
$100,000.
$100,000 to $500,000 $150.00 for the first $100,000 plus $0.65 for each
additional thousand or fraction thereof, to and including
$500,000.
$500,001 and up $500.00 for the first $500,000 plus $0.35 for each
additional thousand or fraction thereof.
(c) The applicant for the permit shall include an amount for the Total Valuation,
which shall be the total value of all construction work for which the permit is
sought, including, but not limited to, all materials, labor, painting, roofing,
electrical, plumbing, heating, air conditioning, and any other permanent
equipment incorporated in the construction work. If the Building Official does
not agree with the amount of the Total Valuation as submitted by the applicant,
the Building Official shall determine the total cost using certified construction
estimates or nationally recognized publications to determine the Total
Valuation. If an applicant disputes the Total Valuation so determined by the
Building Official, the applicant may appeal to the City Manager, whose
decision regarding the Total Valuation shall be final.
That Chapter 3, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended by adding Section 3.1600
which shall read as follows:
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SECTION 3.1600 IRRIGATION SYSTEMS
3.1601 DEFINITIONS
The following words and terms, when used in this ordinance, have the following meanings,
unless the context clearly indicates otherwise.
(1) Design - The act of determining the various elements of a landscape irrigation system
that will include, but not be limited to, elements such as collecting site specific
information, defining the scope of the project, defining plant watering needs, selecting
and laying out emission devices, locating system components, conducting hydraulics
calculations, identifying any local regulatory requirements, or scheduling irrigation
work at a site. Completion of the various components will result in an irrigation plan.
(2) Irrigation inspector - A person who inspects irrigation systems and performs other
enforcement duties for a municipality or water district as an employee or as a
contractor and is required to be licensed under Title 30, Texas Administrative Code,
Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation plan - A scaled drawing of a landscape irrigation system which lists required
information, the scope of the project, and represents the changes made in the
installation of the irrigation system.
(4) Irrigation system - An assembly of component parts that is permanently installed for
the controlled distribution and conservation of water to irrigate any type of landscape
vegetation in any location, and/or to reduce dust or control erosion. This term does not
include a system that is used on or by an agricultural operation as defined by Texas
Agricultural Code, §251.002.
Irrigator - A person who sells, designs, offers consultations regarding, installs,
maintains, alters, repairs, services or supervises the installation of an irrigation system,
including the connection of such system to a private or public, raw or potable water
supply system or any water supply, and who is required to be licensed under Title 30,
Texas Administrative Code, Chapter 30.
(6) License - An occupational license that is issued by the Texas Commission on
Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an
individual that authorizes the individual to engage in an activity that is covered by Title
30, Texas Administrative Code, Chapter 30.
Water conservation - The design, installation, service, and operation of an irrigation
system in a manner that prevents the waste of water, promotes the most efficient use of
water, and applies the least amount of water that is required to maintain healthy
individual plant material or turf, reduce dust, and control erosion.
(3)
(5)
(7)
3.1602 LICENSE REQUIREMENTS
(1) Any person who connects an irrigation system to the water supply within the City or
the City's extraterritorial jurisdiction, must hold a valid license, as defined by Title 30,
Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas
Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative
Code and required by Chapter 1301 of the Texas Occupations Code.
(2) A property owner is not required to be licensed in accordance with Texas Occupations
Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building
or on a premises owned or occupied by the person as the person's home. A home or
property owner who installs an irrigation system must meet the standards contained in
Title 30, Texas Administrative Code, Chapter 344 regarding spacing, water pressure,
spraying water over impervious materials, rain or moisture shut-off devices or other
3
technology, backflow prevention and isolation valves. See Texas Occupations Code
§ 1903.002 for other exemptions to the licensing requirement.
3.1603 PERMIT REQUIRED
(1) Any person installing an irrigation system within the City limits or extraterritorial
jurisdiction is required to obtain a permit from the City. Any irrigation plan approved
for a permit must be in compliance with the requirements of 30 Texas Administrative
Code, Chapter 344.
(2) Exemptions
(a) An irrigation system that is that an on-site sewage disposal system, as defined
by Section 355.002, Health and Safety Code; or
An irrigation system used on or by an agricultural operation as defined by
Section 251.002, Agriculture Code; or
(c) An irrigation system connected to a groundwater well used by the property
owner for domestic use.
(3)
(b)
The City Building Inspections Department shall be responsible for issuing irrigation
system permits and collecting fees. To obtain a permit a licensed irrigator must submit
a plan, complete an application provided by the department, and pay the applicable fee.
3.1604 WATER CONSERVATION
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and
operated in a manner that will promote water conservation as defined in the Definitions section
of this ordinance.
3.1605 DESIGN, INSTALLATION AND OPERATION
Texas Occupations Code, § 1903.053 (Standards), and 30 Texas Administrative Code, Chapter
344, as amended, are hereby incorporated by reference as the minimum standards and
specifications for designing, installing, and operating an irrigation system within the City or the
City's extraterritorial jurisdiction.
3.1606 ITEMS NOT COVERED BY THIS ORDINANCE
Any item not covered by this ordinance and required by law shall be governed by the Texas
Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any
other applicable state statute or Texas Commission on Environmental Quality rule.
3.1607 FEES
The fees for obtaining and renewing an irrigation permit may be found in Section 3.105 of this
Chapter. These fees will be in amounts sufficient to cover the City's costs in issuing and
renewing the permits, including, but not limited to, staff time and other overhead costs.
3.1608 ENFORCEMENT
(1) The City shall have the power to administer and enforce the provisions of this chapter
as may be required by governing law. Any person, firm, corporation or agent who
shall violate a provision of this code, or fails to comply therewith, or with any of the
4
requirements thereof, is subject to suit for injunctive relief as well as prosecution for
criminal violations. Any violation of the ordinance codified in this chapter is declared
to be a nuisance.
(2) Any person violating any provision of chapter shall, upon conviction, be fined a sum
not exceeding $2000.00. Each day that a provision of this chapter is violated shall
constitute a separate offense. An offense under this chapter is a Class C misdemeanor,
punishable by a fine of up to $2000.00.
Nothing in this chapter shall be construed as a waiver of the City's right to bring a civil
action to enforce the provisions of this chapter and to seek remedies as allowed by law,
including, but not limited to the following:
(a) Injunctive relief to prevent specific conduct that violates the ordinance or to
require specific conduct that is necessary for compliance with the ordinance;
and
(3)
(b) Other available relief.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
5
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2009.
Alternative 2.
READ and APPROVED on first reading this the day of
'PIT"' 1
, 2009.
READ, APPROVED and ADOPTED on second reading this the
I l) day of
ATTEST:
, 2009.
SARA L. WHITE, Cit Secr t r y y
MCGRAW, Mayor
City of Round Rock, Texas
6
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8A1. Consider an ordinance amending Chapter 3, Section 3.105, and adding Section
3.1600, Code of Ordinances, regarding installation of landscape irrigation
systems. (Second Reading)
Department:
Staff Person:
Justification:
Water & Wastewater Utilities
Michael Thane, P.E., Director of Utilities
Chapter 3, Section 3.105, of the City of Round Rock Code of Ordinances, 1995 Edition, regarding Permit
Fees requires an amendment in order to align current procedures with the code language. In addition,
new rules and regulations were adopted on June 4, 2008 by the Texas Commission on Environmental
Quality (TCEQ) in response to House Bill (HB) 1656, HB 4, and Senate Bill (SB) 3. HB 1656 requires
municipalities with a population of 20,000 or more to adopt a landscape irrigation program. The City's
Building Inspection Department is currently implementing these new state regulations including the
installation and inspection of permanent landscape irrigation systems. The proposed landscape
irrigation program is outlined in the proposed Section 3.1600 of the Code of Ordinances.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Texas Commission on Environmental Quality
Background Information:
The TCEQ rules became effective on January 1, 2009. At that time, the City's Building Inspection
Department began conducting inspections of newly installed irrigation systems as required under the
state rules.
Public Comment: N/A