HomeMy WebLinkAboutOrdinance No. 08-1784
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1784
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 12,
ARTICLE IX, BY REPEALING SECTION 12-169 AND RESERVING THE
SAME FOR FUTURE USE; BY AMENDING ARTICLE X BY
RESERVING SECTIONS 12-198 AND 12-199 FOR FUTURE USE; AND
BY ADDING A NEW ARTICLE XI, IRRIGATION SYSTEMS, TO
ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF
IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE
CITY AND THE EXTRATERRITORIAL JURISDICTION; PROVIDING
FOR DEFINITIONS; PROVIDING A VALID LICENSE REQUIREMENT;
PROVIDING A PERMIT REQUIREMENT; PROVIDING FOR
BACKFLOW PREVENTION METHODS AND DEVICES; PROVIDING
FOR SPECIFIC CONDITIONS AND CROSS-CONNECTION CONTROL;
PROVIDING FOR WATER CONSERVATION; PROVIDING MINIMUM
STANDARDS FOR AN IRRIGATION PLAN DESIGN; PROVIDING
MINIMUM REQUIREMENTS FOR DESIGN AND INSTALLATION;
PROVIDING FOR COMPLETION OF IRRIGATION SYSTEM
INSTALLATION; PROVIDING FOR MAINTENANCE, ALTERATION,
REPAIR, OR SERVICE OF IRRIGATION SYSTEMS; PROVIDING FOR
ADVERTISEMENT REQUIREMENTS; PROVIDING FOR CONTRACTS;
PROVIDING WARRANTIES FOR SYSTEMS; PROVIDING DUTIES
AND RESPONSIBILITIES OF CITY IRRIGATION INSPECTORS;
PROVIDING FOR ITEMS NOT COVERED BY THIS ORDINANCE;
PROVIDING FOR FEES; PROVIDING FOR ENFORCEMENT;
PROVIDING A REPEALING CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony has determined that water
conservation and environmental protection are important issues and concerns affecting the city;
and
WHEREAS, properly-installed irrigation systems will conserve water, help avoid
wasteful use, and improve the overall quality of life for the citizens of The Colony; and
WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House
Bill 1656; and
WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government
Code to require a city with a population of 20,000 or more to regulate the installation of
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irrigation systems within the corporate limits of the city as well as the city's extraterritorial
jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the health,
safety, and welfare of the public by creating an urban environment that is protective of the city's
water supply and provides an enhanced quality of life for the citizens of the City of The Colony.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY:
SECTION 1. That the code of ordinances shall be and the same is hereby amended by
amending Chapter 12, Municipal Utilities and Services, Article IX, Cross Connection Control
and Prevention, by repealing Section 12-169 in its entirety and reserving the same for future use,
which shall read as follows:
"ARTICLE IX. CROSS CONNECTION CONTROL AND PREVENTION
Sec. 12-169. Reserved for future use.
"
SECTION 2. That the code of ordinances shall be and the same is hereby amended by
amending Chapter 12, Municipal Utilities and Services, Article X, Stormwater Utility System, by
reserving Sections 12-198 and 12-199 for future use, which shall read as follows:
"ARTICLE X. STORMWATER UTILITY SYSTEM
Sees. 12-198 -12-199. Reserved for future use."
SECTION 3. That the city code of ordinances shall be and the same is hereby amended
by amending Chapter 12, Municipal Utilities and Services, by adding a new Article XI, Irrigation
Systems, to establish the minimum standards for installation of irrigation systems within the
corporate limits of the city and the extraterritorial jurisdiction, which shall read as follows:
"ARTICLE XI. IRRIGATION SYSTEMS
Sec. 12-200. Definitions.
The following words and terms, when used in this ordinance, have the following meanings,
unless the context clearly indicates otherwise.
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Air gap shall mean a complete physical separation between the free flowing discharge end of
a potable water supply pipeline and an open or non-pressure receiving vessel.
Atmospheric Vacuum Breaker shall mean an assembly containing an air inlet valve, a check
seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the
air inlet port. When the flow of water stops the air inlet valve falls and forms a check against
back-siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the
vacuum. Also known as an Atmospheric Vacuum Breaker Back-Siphonage Prevention
Assembly.
Backjlow prevention shall mean the mechanical prevention of reverse flow, or back
siphonage, of nonpotable water from an irrigation system into the potable water source.
Backjlow prevention assembly shall mean any assembly used to prevent backflow into a
potable water system. The type of assembly used is based on the existing or potential degree of
health hazard and backflow condition.
Completion of irrigation system installation shall mean when the landscape irrigation system
has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied
that the system is operating correctly.
Consulting shall mean the act of providing advice, guidance, review or recommendations
related to landscape irrigation systems.
Cross-connection shall mean an actual or potential connection between a potable water
source and an irrigation system that may contain contaminates or pollutants or any source of
water that has been treated to a lesser degree in the treatment process.
Design shall mean 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.
Design pressure shall mean the pressure that is required for an emission device to operate
properly. Design pressure is calculated by adding the operating pressure necessary at an emission
device to the total of all pressure losses accumulated from an emission device to the water
source.
Double Check Valve shall mean an assembly that is composed of two independently acting,
approved check valves, including tightly closed resilient seated shutoff valves attached at each
end of the assembly and fitted with properly located resilient seated test cocks. Also known as a
Double Check Valve Backflow Prevention Assembly.
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Emission device shall mean any device that is contained within an irrigation system and that
is used to apply water. Common emission devices in an irrigation system include, but are not
limited to, spray and rotary sprinkler heads, and drip irrigation emitters.
Employed shall mean engaged or hired to provide consulting services or perform any activity
relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation
systems. A person is employed if that person is in an employer-employee relationship as defined
by Internal Revenue Code, 26 United States Code Service, ~3212(d) based on the behavioral
control, financial control, and the type of relationship involved in performing employment
related tasks.
Head-to-head spacing shall mean the spacmg of spray or rotary heads equal to the
manufacturer's published radius of the head.
Health hazard shall mean a cross-connection or potential cross-connection with an irrigation
system that involves any substance that may, if introduced into the potable water supply, cause
death or illness, spread disease, or have a high probability of causing such effects.
Hydraulics shall mean the science of dynamic and static water; the mathematical
computation of determining pressure losses and pressure requirements of an irrigation system.
Inspector shall mean a licensed plumbing inspector, water district operator, other
governmental entity, or irrigation inspector who inspects irrigation systems and performs other
enforcement duties for a municipality or water district as an employee or as a contractor.
Installer shall mean a person who actually connects an irrigation system to a private or public
raw or potable water supply system or any water supply, who is licensed according to Title 30,
Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation inspector shall mean 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 shall mean 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.
Irrigation services shall mean selling, designing, installing, maintaining, altering, repairing,
servicing, permitting, providing consulting services regarding, or connecting an irrigation system
to a water supply.
Irrigation system shall mean 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
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system that is used on or by an agricultural operation as defined by Texas Agricultural Code,
~251.002.
Irrigation technician shall mean a person who works under the supervision of a licensed
irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system,
including the connection of such system in or 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 (relating to Occupational Licenses and Registrations).
Irrigation zone shall mean a subdivision of an irrigation system with a matched precipitation
rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as
sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam,
clay, or combination) or for hydrological control.
Irrigator means 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.
Irrigator-in-Charge shall mean the irrigator responsible for all irrigation work performed by
an exempt business owner, including, but not limited to obtaining permits, developing design
plans, supervising the work of other irrigators or irrigation technicians, and installing, selling,
maintaining, altering, repairing, or servicing a landscape irrigation system.
Landscape irrigation shall mean the science of applying the necessary amount of water to
promote or sustain healthy growth of plant material or turf.
License shall mean 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.
Mainline shall mean a pipe within, an irrigation system that delivers water from the water
source to the individual zone valves.
Maintenance checklist shall mean a document made available to the irrigation system's
owner or owner's representative that contains information regarding the operation and
maintenance of the irrigation system, including, but not limited to: checking and repairing the
irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning
filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation
system, the precipitation rates of each irrigation zone within the system, any water conservation
measures currently in effect from the water purveyor, the name of the water purveyor, a
suggested seasonal or monthly watering schedule based on current evapotranspiration data for
the geographic region, and the minimum water requirements for the plant material in each zone
based on the soil type and plant material where the system is installed.
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Major maintenance, alteration, repair, or service shall mean any activity that involves
opening to the atmosphere the irrigation main line at any point prior to the discharge side of any
irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a
main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner
that opens the system to the atmosphere.
Master valve shall mean a remote control valve located after the backflow prevention device
that controls the flow of water to the irrigation system mainline.
Matched precipitation rate shall mean the condition in which all sprinkler heads within an
irrigation zone apply water at the same rate.
New installation shall mean an irrigation system installed at a location where one did not
previously exist.
Pass-through contract shall mean a written contract between a contractor or builder and a
licensed irrigator or exempt business owner to perform part or all of the irrigation services
relating to an irrigation system.
Potable water shall mean water that is suitable for human consumption.
Pressure Vacuum Breaker shall mean an assembly containing an independently operating
internally loaded check valve and an independently operating loaded air inlet valve located on
the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-
siphonage Prevention Assembly.
Reclaimed water shall mean domestic or municipal wastewater which has been treated to a
quality suitable for beneficial use, such as landscape irrigation.
Records of landscape irrigation activities shall mean the irrigation plans, contracts, warranty
information, invoices, copies of permits, and other documents that relate to the installation,
maintenance, alteration, repair, or service of a landscape irrigation system.
Reduced Pressure Principle Backflow Prevention Assembly shall mean an assembly
containing two independently acting approved check valves together with a hydraulically
operating mechanically independent pressure differential relief valve located between the two
check valves and below the first check valve.
Static water pressure shall mean the pressure of water when it is not moving.
Supervision shall mean the on-the-job oversight and direction by a licensed irrigator who is
fulfilling his or her professional responsibility to the client and/or employer in compliance with
local or state requirements. Also a licensed installer working under the direction of a licensed
irrigator or beginning January 1, 2009, an irrigation technician who is working under the
direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system.
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Water conservation shall mean 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.
Zone jlow shall mean a measurement, in gallons per minute or gallons per hour, of the actual
flow of water through a zone valve, calculated by individually opening each zone valve and
obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is
the total flow of all nozzles in the zone at a specific pressure.
Zone valve shall mean an automatic valve that controls a single zone of a landscape irrigation
system.
Sec. 12-201. Valid License Required.
Any person who connects an irrigation system to the water supply within the city or the city's
extraterritorial jurisdiction, commonly referred to as the ETJ, 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, except 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 homestead. A home owner 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 technology, backflow prevention and isolation valves.
The city may, at any point, adopt more stringent requirements for a home or property owner who
installs an irrigation system. See Texas Occupations Code ~ 1903.002 for other exemptions to
the licensing requirement.
Sec. 12-202. Permit Required.
Any person installing an irrigation system within the territorial limits or extraterritorial
jurisdiction of the city is required to obtain a permit from the city, except as follows:
(1) An irrigation system that is an on-site sewage disposal system, as defined by Section
355.002, Health and Safety Code; or
(2) An irrigation system used on or by an agricultural operation as defined by Section
251.002, Agriculture Code.
Any plan approved for a permit must be in compliance with the requirements of this chapter.
Sec. 12-203. Baekflow Prevention Methods and Devices
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(a) Any irrigation system that is connected to the potable water supply must be connected
through a backflow prevention method approved by the Texas Commission on Environmental
Quality (TCEQ). The backflow prevention device must be approved by the American Society of
Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research,
University of Southern California; or the most recently adopted International Plumbing Code; or
any other laboratory that has equivalent capabilities for both the laboratory and field evaluation
of backflow prevention assemblies. The backflow prevention device must be installed in
accordance with the laboratory approval standards or if the approval does not include specific
installation information, the manufacturer's current published recommendations.
(b) If conditions that present a health hazard exist, one of the following methods must be
used to prevent backflow:
(1) An air gap may be used if:
A. there is an unobstructed physical separation; and
B. the distance from the lowest point of the water supply outlet to the flood rim
of the fixture or assembly into which the outlet discharges is at least one inch
or twice the diameter of the water supply outlet, whichever is greater.
(2) Reduced pressure principle backflow prevention assemblies may be used if:
A. the device is installed at a minimum of 12 inches above ground in a location
that will ensure that the assembly will not be submerged; and
B. drainage is provided for any water that may be discharged through the
assembly relief valve.
(3) Pressure vacuum breakers may be used if:
A. no back-pressure condition will occur; and
B. the device is installed at a minimum of 12 inches above any downstream
piping and the highest downstream opening. Pop-up sprinklers are measured
from the retracted position from the top of the sprinkler.
(4) Atmospheric vacuum breakers may be used if:
A. no back-pressure will be present;
B. there are no shutoff valves downstream from the atmospheric vacuum breaker;
C. the device is installed at a minimum of six inches above any downstream
piping and the highest downstream opening. Pop-up sprinklers are measured
from the retracted position from the top of the sprinkler;
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D. there is no continuous pressure on the supply side of the atmospheric vacuum
breaker for more than 12 hours in any 24-hour period; and
E. a separate atmospheric vacuum breaker is installed on the discharge side of
each irrigation control valve, between the valve and all the emission devices
that the valve controls.
(c) Backflow prevention devices used in applications designated as health hazards must be
tested upon installation and annually thereafter.
(d) If there are no conditions that present a health hazard, double check valve backflow
prevention assemblies may be used to prevent backflow if the device is tested upon installation
and test cocks are used for testing only.
(e) If a double check valve is installed below ground:
(I) test cocks must be plugged, except when the double check valve is being tested;
(2) test cock plugs must be threaded, water-tight, and made of non-ferrous material;
(3) there must be a clearance between any fill material and the bottom of the double
check valve to allow space for testing and repair; and
(4) there must be space on the side of the double check valve to test and repair the
double check valve.
(f) If an existing irrigation system without a backflow-prevention assembly requires major
maintenance, alteration, repair, or service, the system must be connected to the potable water
supply through an approved, properly installed backflow prevention method before any major
maintenance, alteration, repair, or service is performed.
(g) If an irrigation system is connected to a potable water supply through a double check
valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes
an automatic master valve on the system, the automatic master valve must be installed on the
discharge side of the backflow prevention assembly.
(h) The irrigator shall ensure the backflow prevention device is tested by a licensed Backflow
Prevention Assembly Tester prior to being placed in service and the test results provided to the
local water purveyor and the irrigation system's owner or owner's representative within ten
business days of testing of the backflow prevention device
Sec. 12-204. Specific Conditions and Cross-Connection Control.
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(a) Before any chemical is added to an irrigation system connected to the potable water
supply, the irrigation system must be connected through a reduced pressure principle backflow
prevention assembly or air gap.
(b) Connection of any additional water source to an irrigation system that is connected to the
potable water supply can only be done if the irrigation system is connected to the potable water
supply through a reduced-pressure principle backflow prevention assembly or an air gap.
(c) Irrigation system components with chemical additives induced by aspiration, injection, or
emission system connected to any potable water supply must be connected through a reduced
pressure principle backflow device.
(d) If an irrigation system is designed or installed on a property that is served by an on-site
sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then:
(1) all irrigation piping and valves must meet the separation distances from the On-Site
Sewage Facilities system as required for a private water line in Title 30, Texas
Administrative Code, Section 285.91(10);
(2) any connections using a private or public potable water source that is not the city's
potable water system must be connected to the water source through a reduced
pressure principle backflow prevention assembly as defined in Title 30, Texas
Administrative Code, Section 344.50; and
(3) any water from the irrigation system that is applied to the surface of the area
utilized by the On-Site Sewage Facility system must be controlled on a separate
irrigation zone or zones so as to allow complete control of any irrigation to that area
so that there will not be excess water that would prevent the On-Site Sewage
Facilities system from operating effectively.
Sec. 12-205. 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.
Sec. 12-206. Irrigation Plan Design: Minimum Standards.
(a) An irrigator shall prepare an irrigation plan for each site where a new irrigation system
will be installed. An approved irrigation plan must be on the job site at all times during the
installation of the irrigation system. A drawing showing the actual installation of the system is
due to each irrigation system owner after all new irrigation system installations. During the
installation of the irrigation system, variances from the original plan may be authorized by the
licensed irrigator if the variance from the plan does not:
(1) diminish the operational integrity of the irrigation system;
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(2) violate any requirements of this ordinance; and
(3) go unnoted in red on the irrigation plan.
(b) The irrigation plan must include complete coverage of the area to be irrigated. If a system
does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation
plan.
(c) All irrigation plans used for construction must be drawn to scale. The plan must include,
at a minimum, the following information:
(1) the irrigator's seal, signature, and date of signing;
(2) all major physical features and the boundaries of the areas to be watered;
(3) a North arrow;
(4) a legend;
(5) the zone flow measurement for each zone;
(6) location and type of each:
A. controller; and
B. sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze);
(7) location, type, and size of each:
A. water source, such as, but not limited to a water meter and point(s) of
connection;
B. backflow prevention device;
C. water emission device, including, but not limited to, spray heads, rotary
sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays;
D. valve, including but not limited to, zone valves, master valves, and isolation
valves;
E. pressure regulation component; and
F. main line and lateral piping.
(8) the scale used;
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(8) the scale used;
(9) the design pressure; and
(10) any additional information deemed necessary by the Building Official.
Sec. 12-207. Design and Installation: Minimum Requirements.
(a) No irrigation design or installation shall require the use of any component, including the
water meter, in a way which exceeds the manufacturer's published performance limitations for
the component.
(b) Spacing.
(1) The maximum spacing between emISSIOn devices must not exceed the
manufacturer's published radius or spacing of the device(s). The radius or spacing is
determined by referring to the manufacturer's published specifications for a specific
emission device at a specific operating pressure.
(2) New irrigation systems shall not utilize above-ground spray emission devices in
landscapes that are less than 48 inches not including the impervious surfaces in
either length or width and which contain impervious pedestrian or vehicular traffic
surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads
are used in a new irrigation system, the sprinkler heads should direct flow away
from any adjacent surface and shall not be installed closer than four inches from a
hardscape, such as, but not limited to, a building foundation, fence, concrete,
asphalt, pavers, or stones set with mortar.
(3) Narrow paved walkways, jogging paths, golf cart paths or other small areas located
in cemeteries, parks, golf courses or other public areas may be exempted from this
requirement if the runoff drains into a landscaped area.
(c) Water pressure. Emission devices must be installed to operate at the minimum and not
above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and
head spacing that is used. Methods to achieve the water pressure requirements include, but are
not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads.
(d) Piping. Piping in irrigation systems must be designed and installed so that the flow of
water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC)
pipe.
(e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material
type, microclimate factors, topographic features, soil conditions, and hydrological requirements.
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(g) Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick,
wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls,
fences, sidewalks, streets, etc.
(h) Master valve. When provided, a master valve shall be installed on the discharge side of
the backflow prevention device on all new installations.
(i) PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and
fittings shall be primed with a colored primer prior to applying the PVC cement in accordance
with the International Plumbing Code (Section 605).
(j) _Rain or moisture shut-off devic(!s or other technology. All new automatically controlled
irrigation systems must include sensors or other technology designed to inhibit or interrupt
operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-
off technology must be installed according to the manufacturer's published recommendations.
Repairs to existing automatic irrigation systems that require replacement of an existing controller
must include a sensor or other technology designed to inhibit or interrupt operation of the
irrigation system during periods of moisture or rainfall.
(k) Isolation valve. All new irrigation systems must include an isolation valve between the
water meter and the backflow prevention device.
(1) Depth coverage of piping. Piping in all irrigation systems must be installed according to
the manufacturer's published specifications for depth coverage of piping.
(1) If the manufacturer has not published specifications for depth coverage of piping,
the piping must be installed to provide minimum depth coverage of six inches of
select backfill, between the top of the pipe and the natural grade of the topsoil. All
portions of the irrigation system that fail to meet this standard must be noted on the
irrigation plan. If the area being irrigated has rock at a depth of six inches or less,
select backfill may be mounded over the pipe. Mounding must be noted on the
irrigation plan and discussed with the irrigation system owner or owner's
representative to address any safety issues.
(2) If a utility, man-made structure, or roots create an unavoidable obstacle, which
makes the six-inch depth coverage requirement impractical, the piping shall be
installed to provide a minimum of two inches of select backfill between the top of
the pipe and the natural grade of the topsoil.
(3) All trenches and holes created during installation of an irrigation system must be
backfilled and compacted to the original grade.
(m) Wiring irrigation systems.
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(1) Underground electrical wmng used to connect an automatic controller to any
electrical component of the irrigation system must be listed by Underwriters
Laboratories as acceptable for burial underground.
(2) Electrical wiring that connects any electrical components of an irrigation system
must be sized according to the manufacturer's recommendation.
(3) Electrical wire splices which may be exposed to moisture must be waterproof as
certified by the wire splice manufacturer.
(4) Underground electrical wiring that connects an automatic controller to any
electrical component of the irrigation system must be buried with a minimum of six
inches of select backfill.
(n) Water contained within the piping of an irrigation system is deemed to be non-potable.
No drinking or domestic water usage, such as, but not limited to, filling swimming pools or
decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water
faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of
providing supplemental water to an area, the hose bib must be installed using a quick coupler key
on a quick coupler installed in a covered purple valve box and the hose bib and any hoses
connected to the bib must be labeled "non potable, not safe for drinking." An isolation valve
must be installed upstream of a quick coupler connecting a hose bib to an irrigation system.
(0) Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician
shall be on-site at all times while the landscape irrigation system is being installed. When an
irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation
technician is on-site to supervise the installation of the irrigation system.
(p) Completion of Irrigation System Installation. Upon completion of the irrigation system,
the irrigator or irrigation technician who provided supervision for the on-site installation shall be
required to complete four items:
(1) a final "walk through" with the irrigation system's owner or the owner's representative
to explain the operation of the system;
(2) The maintenance checklist on which the irrigator or irrigation technician shall obtain
the signature of the irrigation system's owner or owner's representative and shall sign,
date, and seal the checklist. If the irrigation system's owner or owner's representative
is unwilling or unable to sign the maintenance checklist, the irrigator shall note the
time and date of the refusal on the irrigation system's owner or owner's
representative's signature line. The irrigation system owner or owner's representative
will be given the original maintenance checklist and a duplicate copy of the
maintenance checklist shall be maintained by the irrigator. The items on the
maintenance checklist shall include but are not limited to:
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A. the manufacturer's manual for the automatic controller, if the system IS
automatic;
B. a seasonal (spring, summer, fall, winter) watering schedule based on either
current/real time evapotranspiration or monthly historical reference
evapotranspiration (historical ET) data, monthly effective rainfall estimates,
plant landscape coefficient factors, and site factors;
C. a list of components, such as the nozzle, or pump filters, and other such
components; that require maintenance and the recommended frequency for the
service; and
D. the statement, "This irrigation system has been installed in accordance with all
applicable state and local laws, ordinances, rules, regulations or orders. I have
tested the system and determined that it has been installed according to the
Irrigation Plan and is properly adjusted for the most efficient application of
water at this time."
(3) A permanent sticker which contains the irrigator's name, license number, company name,
telephone number and the dates of the warranty period shall be affixed to each automatic
controller installed by the irrigator or irrigation technician. If the irrigation system is
manual, the sticker shall be affixed to the original maintenance checklist. The information
contained on the sticker must be printed with waterproof ink and include:
(4) The irrigation plan indicating the actual installation of the system must be provided to the
irrigation system's owner or owner representative.
Sec. 12-209. Maintenance, Alteration, Repair, or Service of Irrigation Systems.
(a) The licensed irrigator is responsible for all work that the irrigator performed during the
maintenance, alteration, repair, or service of an irrigation system during the warranty period. The
irrigator or business owner is not responsible for the professional negligence of any other
irrigator who subsequently conducts any irrigation service on the same irrigation system.
(b) All trenches and holes created during the maintenance, alteration, repair, or service of an
irrigation system must be returned to the original grade with compacted select backfill.
(c) Colored PVC pipe primer solvent must be used on all pipes and fittings used in the
maintenance, alteration, repair, or service of an irrigation system in accordance with the adopted
plumbing code of the City.
(d) When maintenance, alteration, repair or service of an irrigation system involves
excavation work at the water meter or backflow prevention device, an isolation valve shall be
installed, if an isolation valve is not present.
Sec. 12-210. Advertisement Requirements.
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(a) All vehicles used in the performance of irrigation installation, maintenance, alteration,
repair, or service must display the irrigator's license number in the form of "L! # _" in a
contrasting color of block letters at least two inches high, on both sides of the vehicle.
(b) All forms of written and electronic advertisements for irrigation services must display the
irrigator's license number in the form of "L! # _." Any form of advertisement, including
business cards, and estimates which displays an entity's or individual's name other than that of
the licensed irrigator must also display the name of the licensed irrigator and the licensed
irrigator's license number. Trailers that advertise irrigation services must display the irrigator's
license number.
(c) The name, mailing address, and telephone number of the commiSSIOn must be
prominently displayed on a legible sign and displayed in plain view for the purpose of addressing
complaints at the permanent structure where irrigation business is primarily conducted and
irrigation records are kept.
Sec. 12-211. Contracts.
(a) All contracts to install an irrigation system must be in writing and signed by each party
and must specify the irrigator's name, license number, business address, current business
telephone numbers, the date that each party signed the agreement, the total agreed price, and
must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on
Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's
website is: www.tceq.state.tx.us. " All contracts must include the irrigator's seal, signature, and
date.
(b) All written estimates, proposals, bids, and invoices relating to the installation or repair of
an irrigation system(s) must include the irrigator's name, license number, business address,
current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the
Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin,
Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us...
(c) An individual who agrees by contract to provide irrigation services as defined in Title 30,
Texas Administrative Code, Section 344.30 (relating to License Required) shall hold an irrigator
license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational
Licenses and Registrations) unless the contract is a pass-through contract as defined in Title 30,
Texas Administrative Code, Section 344.1(36) (relating to Definitions). If a pass-through
contract includes irrigation services, then the irrigation portion of the contract can only be
performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through
contract, the irrigator shall still be responsible for providing the irrigation system's owner or
through contract, the irrigator shall still be responsible for providing the irrigation system's
owner or owner's representative a copy of the warranty and all other documents required under
this chapter. A pass-through contract must identify by name and license number the irrigator that
will perform the work and must provide a mechanism for contacting the irrigator for irrigation
system warranty work.
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(d) The contract must include a statement that provides the dates that the warranty is valid.
Sec. 12-212. Warranties for Systems.
(a) On all installations of new irrigation systems, an irrigator shall present the irrigation
system's owner or owner's representative with a written warranty covering materials and labor
furnished in the new installation of the irrigation system. The irrigator shall be responsible for
adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's
warranty for the system components, then the irrigator shall provide the irrigation system's
owner or the owner's representative with applicable information regarding the manufacturer's
warranty period. The warranty must include the irrigator's seal, signature, and date. If the
warranty is part of an irrigator's contract, a separate warranty document is not required.
(b) An irrigator's written warranty on new irrigation systems must specify the irrigator's
name, business address, and business telephone number(s), must contain the signature of the
irrigation system's owner or owner's representative confirming receipt of the warranty and must
include the statement: "Irrigation in Texas is regulated by the Texas Commission on
Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's
website is: www.tceq.state.tx.us...
(c) On all maintenance, alterations, repairs, or service to eXlstmg lITIgation systems, an
irrigator shall present the irrigation system's owner or owner's representative a written document
that identifies the materials furnished in the maintenance, alteration, repair, or service. If a
warranty is provided, the irrigator shall abide by the terms. The warranty document must include
the irrigator's name and business contact information.
Sec. 12-213. Duties and Responsibilities of City Irrigation Inspectors.
A licensed irrigation inspector shall enforce the ordinance of the city, and shall be
responsible for:
(1) verifying that the appropriate permits have been obtained for an irrigation system and that
the irrigator and installer or irrigation technician, if applicable, are licensed;
(2) inspecting the irrigation system or receipt of third party compliance letter;
(3) determining that the irrigation system complies with the requirements of this chapter;
(4) determining that the appropriate backflow prevention device was installed, tested, and test
results provided to the city;
(5) investigating complaints related to irrigation system installation, maintenance, alteration,
repairs, or service of an irrigation system and advertisement of irrigation services; and
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(5) investigating complaints related to irrigation system installation, maintenance, alteration,
repairs, or service of an irrigation system and advertisement of irrigation services; and
(6) maintaining records according to this chapter.
Sec. 12-214. Items not covered by this ordinance.
Any item not covered by their 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.
Sec. 12-215. Fees.
The city council may establish by resolution fees for obtaining and renewing an irrigation
permit. 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.
Sec. 12-216. Enforcement.
(a) 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 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.
(b) Any person, firm, or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City
of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars
($500.00) for each offense. Every day a violation occurs shall constitute a separate offense.
(c) 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:
(1) Injunctive relief to prevent specific conduct that violates the ordinance or to require
specific conduct that is necessary for compliance with the ordinance; and
(2) Other available relief."
SECTION 4. That all ordinances of the City of The Colony, Texas in conflict with
the provisions of this ordinance be and the same are herby repealed and all other ordinances
of the City of The Colony, Texas not in conflict with the provisions of this ordinance shall
remain in full force and effect.
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TM 33107.76.000
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 1st day of December. 2008.
CLT:
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Christie Wilson, City Secretary
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Robert E. Hager, City Attorney
(REH/cdb 11/24/2008)
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APPROVED AS TO FORM:
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TM 33107.76.000