[HISTORY: Adopted by the Board of Supervisors of the County
of Page as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-21-2011]
This article shall be known and may be cited as the "Drought
Management Ordinance."
The purpose of this article is to provide for the voluntary
and mandatory restriction of use of Page County's public water
supply systems during declared water shortages and/or water emergencies.
This article shall apply to all Page County residents and businesses
which are served by the public water systems.
In order to protect the public health, safety and welfare and
ensure the integrity of the County water supply, the Board of Supervisors
or its designee is authorized to take special measures of prudent
management to prevent a critical water shortage when a potential shortage
and/or emergency condition exists in the water system(s) and to declare
Drought Watch, Drought Warning or Drought Emergency conditions within
the County. Drought Emergency conditions may also be declared by the
County in the event of equipment failure, contamination or other non-drought
related events that prevent short-term provisions of adequate water
supplies. The Board of Supervisors may declare a drought stage in
the absence of a declaration by the Commonwealth of Virginia. The
Board of Supervisors must declare a drought stage upon declaration
by the Commonwealth of Virginia.
A.
Determination. Based on the determination of any one or combination
of the three Towns within Page County, the Board of Supervisors or
its designee may elect to declare a Drought Watch, Drought Warning,
or Drought Emergency and notify the public of the corresponding voluntary
or mandatory water conservation actions in the effected area.
B.
Drought Watch. Drought Watch stage responses are intended to increase
awareness in the public and private sector to climatic conditions
that are likely to precede the occurrence of a significant drought
event. Whenever the Board of Supervisors determines that the water
supply in the County is threatened by drought conditions, the Board
of Supervisors or its designee shall declare a Drought Watch. During
a Drought Watch, the Board of Supervisors or its designee shall identify
and institute public outreach activities to inform the population
served by Page County's water system of the potential for drought
conditions to intensify and identify potential water conservation
activities that may be utilized.
C.
Drought Warning. Drought Warning stage responses are required when
the onset of a significant drought event is imminent. Whenever the
Board of Supervisors determines that the water supply in the County
is threatened by drought conditions, and where restrictions on water
use are recommended to preserve an available supply of water, the
Board of Supervisors or its designee shall declare a Drought Warning.
Upon the declaration of a Drought Warning by the Board of Supervisors,
voluntary reductions in water usage will be recommended to all residents
of the County, whether individuals or businesses, with the goal of
reducing water use by 5% to 10%, including, but not limited to, minimizing:
(1)
Use of water for washing or cleaning of mobile equipment, including
automobiles, trucks, trailers and boats, except in licensed commercial
vehicle wash facilities;
(2)
Washing paved surfaces such as streets, roads, sidewalks, driveways,
garages, parking areas, tennis courts, and patios except where mandated
by state or local ordinance or when performed by a licensed commercial
power-washing company.
(3)
Irrigation of landscaping and lawns, including the use of outside,
automatic irrigation systems, including in-ground systems, hoses,
and oscillating sprinklers, for all established lawns, trees, plants,
shrubs, and home gardens. Recommend the watering of outside established
trees, plants, shrubs, and home gardens by manually using a non-leaking
hose with an automatic shut-off nozzle, and only as necessary to preserve
plant life. Newly seeded lawns and plantings installed by a licensed
contractor shall have a forty-five-day establishment period from the
date of installation. Sodded lawns installed by a licensed contractor
shall have a twenty-day establishment period and shall use no more
than 1/2 inch of water over the sodded area daily. Recommend outside
automatic irrigation systems be used during the establishment period,
but only between the hours of 8:00 p.m. and 10:00 a.m.
(4)
Irrigation of golf courses.
(5)
Use of water for the operation of ornamental fountains, artificial
waterfalls, reflecting pools, misting machines, or other structures.
(6)
Irrigation of athletic fields except as necessary to preserve plant
life.
(7)
Use of water to fill and top off outdoor swimming pools except that
pools may be filled to a level of two feet below normal, or water
may be added to bring the level to two feet below normal, or as necessary
to protect the structure from hydrostatic damage, as to pools constructed
or contracted for on or before the effective date of this article.
(8)
The service of drinking water in restaurants except upon request;
(9)
The use of water from fire hydrants for any purposes other than fire
suppression unless otherwise specifically approved by the County;
D.
Drought Emergency. Drought Emergency stage responses are generally
responses that are required during the height of a significant drought
event. Whenever the Board of Supervisors determines that the water
supply in the County is threatened by drought conditions, and where
restrictions on water use are necessary to preserve an available supply
of water, and where more restrictions than previously enacted on water
use are necessary to preserve an available supply of water, the Board
of Supervisors or its designee shall declare a Drought Emergency.
Upon the declaration of a Drought Emergency by the Board of Supervisors,
the above water use restrictions shall become mandatory and shall
apply, whether public or private, to all residents of the County,
whether individuals or businesses. In addition, the Board of Supervisors
shall be allowed to enact additional water use restrictions, as the
Board of Supervisors, determines is in the best interest of the County
to protect the health, safety and welfare of the County's citizens.
The Board of Supervisors shall also be entitled to increase the water
rates in an effort to drive down water usage. All exemptions previously
granted under Drought Warning Stage restrictions will be canceled.
However, customers previously granted exemptions may reapply for an
exemption.
E.
Notice and duration of restrictions. The above restrictions shall
become effective upon their being printed in any newspaper of general
circulation in the County, or broadcast upon any radio or television
station serving the County. Drought Watch Stage, Drought Warning Stage
and Drought Emergency Stage restrictions shall remain in full force
and effect until the Board of Supervisors determines that water supply
in the County is no longer threatened by drought conditions.
The County Administrator, or his designee, shall be authorized
to issue orders to effect compliance with the mandatory water conservation
actions required during a declared Drought Emergency Stage. An Appeal
Review Board, as described below, may, upon written application, permit
an exemption for less than full compliance with any order of the County
Manager issued pursuant to this article when, in its judgment, full
compliance or compliance to any extent would create an unjust hardship.
The County Administrator, or his designee, may impose a penalty
on any person or entity violating any provision of this article during
a declared Drought Emergency. For the first offense, violators shall
be assessed a penalty of $50. For the second and subsequent offenses,
violators shall be assessed a penalty of $100.
An Appeal Review Board shall be established upon declaration
of a Drought Emergency Stage. It shall be composed of three members
appointed by the Board of Supervisors. The Appeals Review Board shall
hear appeals from determinations as to allocation of water and additional
charges of excessive usage and shall have the power by the vote of
two members to approve, modify, or revoke such determinations. The
action of the Appeals Review Board shall be final.
Upon prior written request by an individual, business, or other
water user, the Board of Supervisors, or its designee, may permit
less than full compliance with any drought restrictions if good cause
can be shown, including evidence that the applicant is affected in
a substantial manner not common to other businesses or persons generally.
No waiver shall be granted by the Board of Supervisors or its designee
unless the Board of Supervisors or its designee determines that the
public health, safety, and welfare will not be adversely affected
by the waiver. All waivers granted by the Board of Supervisors or
its designee shall be reported at the Board of Supervisor's next
regular or special meeting.
