HomeMy WebLinkAboutAdministrative Order 2023-02 Adoption of Outdoor Water Use Restrictions Administrative Procedures Manual r+ t�°
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ADMINISTRATIVE ORDER 2023—02
Adoption of Outdoor Water Use Restrictions Administrative Procedures Manual
Pursuant to my authority as City Manager, I hereby adopt the Outdoor Water Use Restrictions
Administrative Procedures Manual, attached hereto as Attachment A.
A
DATED this day of , 2023.
Je ihelich,WCityManager
Outdoor Water Use Restrictions Administrative Procedures Manual
I. Purpose
The procedures contained in this Manual provide guidance to staff and the public in the administration
of Sec.40.02.1290, Bozeman Municipal Code (BMC), Outdoor Water Use Restrictions.'(hereinafter
known as the "Restrictions"). The intent of the Restrictions is to reduce outdoor water usage long-term
through the implementation of mandatory time of day and day of week outdoor water use restrictions,
prevent waste of water, and ensure outdoor water use efficiency.
Sec. 40.02.1290.D, BMC recognizes special circumstances may exist that may necessitate the City to
grant an exemption or relaxation to the Restrictions for reasonable cause. This Manual sets forth the
standards and criteria that must be met,as well as information that must be provided,for the City to
grant an exemption or relaxation to the Restrictions.The standards and criteria established in this
Manual ensure that approved exemption and relaxation requests meet the intent of Ordinance 2110.
This Manual is adopted by administrative order of the City Manager. The standards of this Manual must
be reviewed no less than every two years.
II. Authority
Sec. 40.02.1290.D, BMC, authorizes the City Manager to establish standards for the exemption or
relaxation of the Restrictions.The City Manager delegates this authority to the Director of Utilities
(hereinafter"Director"),who is authorized to establish standards and criteria for exemptions and
relaxations to the Restrictions for reasonable cause, and administer the procedures established in this
Manual.The Director must maintain a list of approved applicants and their approved exemptions and
relaxations to the Restrictions.
III. Definitions
"Exemption" means a long-term change to the scheduled watering times and/or days, as outlined in Sec.
40.02.1290.6, BMC that lasts more than two weeks, but does not exceed more than one season in
duration.
"Large Irrigation System" means an irrigation system with one controller that, due to the number of
zones connected to the controller and required run times of each zone to meet plant water
requirements, cannot cycle through all zones within the permitted watering times.
"Reasonable Cause" means that,when evaluating the facts and circumstances relevant to the
exemption or relaxation request,there is a reasonable basis to justify granting a relaxation or exemption
of the scheduled watering times listed in Sec. 40.02.1290, BMC. Reasonable cause is only present after
an individual makes practicable efforts to comply with the Restrictions, and such practicable efforts
were not viable nor feasible. Reasonable cause may exist in a situation that would result in increased
'Ordinance 2110,'Outdoor Water Use Restrictions and Drought Contingency Response',became effective on June
16, 2022 and includes Bozeman Municipal Code(BMC)Sec.40.02.1290-40.02.1310.
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outdoor water use efficiency and less outdoor water use by granting an exemption or relaxation to the
Restrictions.
"Relaxation" means a short-term,temporary change to the scheduled watering times and/or days, as
outlined in Sec. 40.02.1290.13, BMC, and does not last more than two weeks in duration.
"Smart Irrigation Technology" means advanced irrigation system technology including but not limited to
on-site weather stations,weather-based irrigation controllers, and efficient irrigation componentry that
will result in increased outdoor water use efficiency and less outdoor water use by implementing a
watering schedule that deviates from Sec.40.02.1290, BMC.
"Special Circumstance" means a unique situation that may warrant a deviation from Sec.40.02.1290,
BMC.
"Turf Subject to Heavy Public Use" means turfgrass areas including, but not limited to, public playing
fields and public park spaces that require a deviation from applicable allowable watering times outlined
in the Restrictions, and when such deviation is necessary to preserve turf longevity and provide a safe,
functional space for public use.
IV. Application Process
An individual must complete a Permanent Outdoor Watering Restriction Exemption and Relaxation
Permit Application and must submit it to the City's Water Conservation Division. City staff will review
applications on a case-by-case basis when determining whether the required standards are met. The
Director or the Water Conservation Program Manager may approve the application, deny the
application, or require modifications to the proposed exemption or relaxation. Failure to submit a
complete Permanent Outdoor Watering Restriction Exemption and Relaxation Permit Application
demonstrating that applicable standards are met may result in application denial or delay in determining
whether the application is approved.
V. Submittal Materials
A completed Permanent Outdoor Watering Restriction Exemption and Relaxation Permit Application
must be submitted to the Water Conservation Division to be considered for an exemption or relaxation
to the Restrictions.At staff's discretion and upon staff's request, an applicant may be required to submit
additional information in support of their application.
VI. General Standards for Exemptions and Relaxations
Exemptions and relaxations must meet the intent of Ordinance 2110.The applicant must demonstrate
that increased outdoor water use efficiency will be achieved through the proposed exemptions and/or
relaxations. The extent and manner in which increased outdoor water use efficiency must be achieved
will vary based upon the special circumstance and analyzed by staff on a case-by-case basis.
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VII. Standards for Special Circumstances: Exemptions and Relaxations for Reasonable
Cause
The City will not grant exemptions or relaxations due to inconvenience, including, but not limited to,
scheduling conflicts with mowing days, personal preference, or the use of automatic irrigation
controllers not capable of being programmed to operate during applicable watering days and times.
Below is a list of special circumstances and the respective standards that must be met prior to the City
granting an exemption or relaxation to the Restrictions. This includes criteria required to meet the
standards for each special circumstance and supplemental information that must be provided.
Large Irrigation System
Exemptions and relaxations for large irrigation systems are limited to only those systems that,with
optimized controller programming, cannot cycle through all zones within the permitted watering times.
• An applicant must provide a proposed detailed watering schedule demonstrating that the large
irrigation system cannot cycle through all zones/stations in the three scheduled days per week
during allowed watering times,while still meeting plant water requirements. The proposed
detailed watering schedule must include, at a minimum, the following information:
o Zone/station proposed watering days and times;
o Sprinkler head and nozzle types installed in each zone/station;
o Vegetation area description for each zone/station; and
o High traffic and low traffic turf areas:
■ If high traffic, explanation of use
■ Low traffic turf areas must be programmed to water minimally.
Smart Irrigation Technology
Exemptions and relaxations for the use of smart irrigation technology are limited to only day of week
programming, and do not include time of day programming.
• An applicant must provide supplemental information demonstrating that the following
standards are met:
o Advanced efficiency settings on controller must be decreased from the manufacturer's
default of 100%to at least 75% (if applicable);
o All controller settings must accurately reflect irrigation zone, site and system conditions;
o Basic'baseline'schedule settings must be programmed to operate within the time of
day and day of week outdoor water use restrictions (if applicable);
o A rain sensor,soil moisture sensor or weather station must be installed and
programmed to operate as specified per manufacturer recommendations;
o All pop-up sprinklers must be installed with multi-stream, multi-trajectory nozzles (if
applicable);
o Low volume drip irrigation must be installed in place of overhead spray irrigation in
landscape beds containing trees,shrubs, and/or perennials (if applicable); and
• An applicant must provide a summary of controller settings and technology demonstrating that
the irrigation system will result in less outdoor water use if the exemption or relaxation is
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granted,than would otherwise be used if following the applicable day of week outdoor water
use restrictions. The summary must include:
o Sprinkler head and nozzle types installed in each zone/station;
o Controller programming summary describing how programming may result in watering
to occur on days outside of those outlined in the applicable outdoor water use
restrictions; and
o Information outlining how the use and implementation of this technology and specific
programming will result in a net outdoor water use reduction as compared to standard
programming that aligns with the applicable Restrictions.
Turf Subject to Heavy Public Use
Exemptions and relaxations for turf subject to heavy public use are limited to only those zones irrigating
turf subject to heavy public use.
• An applicant must provide a detailed description of heavy usage patterns that require an
exemption to sustain the turfgrass.
• An applicant must provide proposed controller settings for the entire system. The proposed
detailed watering schedule must include the following information:
o Zone/station proposed watering days and times;
o Sprinkler head and nozzle types installed in each zone/station;
o Vegetation area description for each zone/station; and
o High traffic and low traffic turf zone/station areas
■ Low traffic turf areas must be programmed to water minimally.
Unique Vegetation Establishment Needs
Exemptions and relaxations for unique vegetation establishment needs are limited to newly seeded
areas that, based on plant species, plant water requirements, and reasonable cause, may not
successfully establish during the 45-day exemption window for vegetation establishment when
conditions are exceptionally hot and dry. Exemption and relaxation requests may not be granted until
after 30-days of establishment watering is completed.
• An applicant must provide an explanation of the unique circumstance, including plant species
and plant water demands,that warrants an extended establishment period, exceeding the
permitted 45-day establishment period.
• An applicant must provide proposed controller settings for entire system. The proposed
establishment watering schedule must include the following information:
o Zone/stations that target the vegetation being established;
o Zone/station proposed watering days and times;
o Sprinkler head and nozzle types installed in each zone/station
■ All pop-up sprinklers must be installed with multi-stream, multi-trajectory
nozzles (if applicable);
o Vegetation area description for each zone/station; and
o High traffic and low traffic turf zone/station areas.
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Other Special Circumstances
Exemptions and relaxations may be granted for other special circumstances not otherwise listed above.
Staff will evaluate, on a case-by case basis, if an exemption or relaxation is needed because without the
exemption or relaxation, an individual would be disparately or inequitably impacted by being required
to comply with the Restrictions.
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