Community Development Department

Transcription

1 Community Development Department SUBJECT: First consideration of an Ordinance amending Chapter 82, Utilities (Sec Sprinkling Restrictions), of the Glenview Municipal Code. AGENDA ITEM: 11.a. MEETING DATE: August 18, 2015 VILLAGE BOARD REPORT TO: Village President and Board of Trustees FROM: Joe Kenney, PE, Community Development Director, (847) Julie Gray, Assistant to the Community Development Director, (847) THROUGH: Todd Hileman, Village Manager PURPOSE AND ACTION REQUESTED: Staff is requesting the Village Board s first consideration of an Ordinance to amend Chapter 82 of the Municipal Code, Utilities (Sec Sprinkling Restrictions), to reflect revisions necessary to bring the code in compliance with 2014 Lake Michigan Water Allocation Rules and Regulations issued by the Illinois Department of Natural Resources. BACKGROUND On November 18, 2014 the Illinois Department of Natural Resources (IDNR) amended its Lake Michigan Water Allocation Rules and Regulations in order to further its efforts to conserve water provided by Lake Michigan. Under Section (c) subpart 8 of the new Conservation Practices and Other Permitted Conditions, any community that is pumping water from Lake Michigan is required to update its ordinance to restrict all non-essential outside water use by September 30, DISCUSSION The IDNR s updated 2014 provisions require that unrestricted lawn sprinkling not be allowed May 15 through September 15 of each year by requiring, at a minimum, that lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur during at least a six (6) 1

2 hour period in the middle of the day (i.e., 10:00 a.m. to 4:00 p.m.) when evapotranspiration is at its highest. The only exceptions to this provision is for watering newly-laid sod, in which case an exemption can be granted for up to three (3) months. The Village s current Sprinkling Restrictions ordinance already restricts lawn sprinkling from 10:00 a.m. to 4:00 p.m. However, this restriction only applies to weekdays and not to weekends or legal holidays that fall on a weekday. Therefore, in order to be in full compliance with the IDNR s 2014 provision to extend the six (6) hour no watering provision to seven days a week, the Village s current ordinance must be updated to restrict sprinkling on consecutive days by implementing a plan to stagger lawn sprinkling. Under the odd/even system, lawn sprinkling would be permitted on odd or even days depending on the street address. Odd numbered addresses could sprinkle only on odd-numbered days, and even-numbered addresses could sprinkle only on even-numbered days. For months that have 31 days, no one is permitted to sprinkle their lawns on the last day of the month, ensuring that no one receives fewer days to water their lawns in any given month. The odd/even system is currently being used by several neighboring communities including Des Plaines, Buffalo Grove and Highland Park. An odd/even restriction would only apply to water supplied through the Village s water system, and would not apply to rainwater collected through rain barrels or similar devices. The odd/even system will not be implemented until May 15, 2016, which will allow staff time to publicize this change to the existing ordinance using the Village s website, newsletter and other resources. Under the Village s current ordinance, which was adopted in 1990, newly laid sod, trees, shrubs etc. are exempt from the 10:00 a.m. to 4:00 p.m. watering restriction for a period of 28-days. However, the IDNR allows new lawns, less than three (3) months old, be exempt from the 10:00 a.m. to 4:00 p.m. watering restriction as well as from the new odd/even provision. Given that the IDNR s policies are less restrictive than the Village s, staff has prepared two different versions of the proposed amendment to the sprinkling ordinance. In the first version, the 28-day restrictions on watering newly laid sod remains as-is and is extended under the new odd/even system. The second version of the proposed ordinance adopts the IDNR s exemption from the 10:00 a.m. to 4:00 p.m. watering restriction as well as an exemption from the new odd/even provision for newly laid sod, trees, shrubs etc., for a period of 90-days. The following sections have been updated to reflect requested clarifications: Sec Sprinkling Restrictions clarification of subsection reference RECOMMENDATION: Staff recommends that the Village Board amend Chapter 82 of the Municipal Code, Sprinkling Restrictions, to reflect revisions necessary to bring the code in compliance with 2014 Lake 2

3 Michigan Water Allocation Rules and Regulations issued by the Illinois Department of Natural Resources. ATTACHMENTS: 1. Ordinances a. Version One - 28-day exemption for new plantings b. Version Two - 90-day exemption for new plantings 3

4 Attachment 1. a Ordinance Version One 28-day 4

5 28-day Ordinance Amending Chapter 82, regarding Utilities ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82, UTILITIES, OF THE VILLAGE OF GLENVIEW MUNICIPAL CODE WHEREAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its citizens; WHEREAS, the corporate authorities have reviewed Chapter 82 of the Glenview Municipal Code (the Code ), Utilities, and have determined that certain sections, terms, and definitions are not in compliance with 2014 Lake Michigan Water Allocation Rules and Regulations issued by the Illinois Department of Natural Resources (the Regulations ); and WHEREAS, the corporate authorities of the Village, having considered these matters, find it in the public interest to amend Chapter 82 of the Code to conform with the Regulations. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, as follows: Section 1: That the facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: Chapter 82, Article III, Division 5, Section of the Code is hereby amended as follows (changes in bold and strikeout): Sec Sprinkling restrictions. (a) From May 15 through September 15, lawn sprinkling shall not be permitted between the hours of 10:00 a.m. and 4:00 p.m., on weekdays, except weekdays that fall on legal holidays, during the period of May 15 September 15, within or outside withoutthe Village limits, when supplied through the Village water system. No lawn sprinkling is permitted on the thirty-first (31) day of any month. 5

6 (b) Lawn sprinkling is based on an odd/even day system. The last digit of an address determines the day. If an address ends in an even number, the resident can water on even calendar days; if the address ends in an odd number, the resident can water on odd calendar days. (c) Watering of newly laid sod, hydroseed, trees and shrubs will be allowed a 28- day exemption to the odd/even day system set forth in subsection (b) above, but shall still followto the 10:00 a.m. 4:00 p.m. restriction set forth in subsection (a) of this section. Section 3: Every section and provision of this Ordinance shall be separable, and the invalidity of any portion of the Ordinance shall not affect the validity of any other portion of this Ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of, AYES: NAYS: ABSENT: APPROVED by me this day of, ATTESTED and FILED in my office this day of, James R. Patterson, Jr., Village President of the Village of Glenview, Cook County, Illinois Todd Hileman, Village Clerk Village of Glenview, Cook County, Illinois 6

7 Attachment 1. b Ordinance Version Two 90-day 7

8 ORDINANCE NO. 90-day Ordinance Amending Chapter 82, regarding Utilities AN ORDINANCE AMENDING CHAPTER 82, UTILITIES, OF THE VILLAGE OF GLENVIEW MUNICIPAL CODE WHEREAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its citizens; WHEREAS, the corporate authorities have reviewed Chapter 82 of the Glenview Municipal Code (the Code ), Utilities, and have determined that certain sections, terms, and definitions are not in compliance with 2014 Lake Michigan Water Allocation Rules and Regulations issued by the Illinois Department of Natural Resources (the Regulations ); and WHEREAS, the corporate authorities of the Village, having considered these matters, find it in the public interest to amend Chapter 82 of the Code to conform with the Regulations. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, as follows: Section 1: That the facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: Chapter 82, Article III, Division 5, Section of the Code is hereby amended as follows (changes in bold and strikeout): Sec Sprinkling restrictions. (a) From May 15 through September 15, lawn sprinkling shall not be permitted between the hours of 10:00 a.m. and 4:00 p.m., on weekdays, except weekdays that fall on legal holidays, during the period of May 15 September 15, within or outside withoutthe Village limits, when supplied through the Village water system. No lawn sprinkling is permitted on the thirty-first (31) day of any month. (b) Lawn sprinkling is based on an odd/even day system. The last digit of an address determines the day. If an address ends in an even number, the 8

9 resident can water on even calendar days; if the address ends in an odd number, the resident can water on odd calendar days. (c) Watering of newly laid sod, hydroseed, trees and shrubs will be allowed a day exemption to the 10:00 a.m. 4:00 p.m. restrictions set forth in subsections (a) and (b) of this section. Section 3: Every section and provision of this Ordinance shall be separable, and the invalidity of any portion of the Ordinance shall not affect the validity of any other portion of this Ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of, AYES: NAYS: ABSENT: APPROVED by me this day of, ATTESTED and FILED in my office this day of, James R. Patterson, Jr., Village President of the Village of Glenview, Cook County, Illinois Todd Hileman, Village Clerk Village of Glenview, Cook County, Illinois 9