The following words and phrases, when used in this chapter,
shall have the meaning ascribed to them below, except in those instances
when the context clearly indicates a different meaning:
ESTABLISHED LANDSCAPING
Landscaping plantings or lawns existing in an area after
such period of time as to accomplish an establishment and maintenance
of growth.
FOUNTAIN
A water display where water is sprayed strictly for ornamental
purposes.
NEW LANDSCAPING
Any landscaping or lawns made up of plants or seeds planted
in or transplanted to an area within such period of time as to accomplish
a reasonable establishment and maintenance of growth. This does not
include aeration and seeding, dethatching and seeding, or power overseeding
of established lawns.
PERSON
Any individual, corporation, partnership, association, company,
business, trust, joint venture or other legal entity.
SWIMMING POOL
Any structure, basin, chamber, or tank, including hot tubs,
containing an artificial body of water for swimming, diving or recreational
bathing and having a depth of two feet or more at any point.
VEGETABLE GARDEN
Any noncommercial vegetable garden planted primarily for
household use; "noncommercial" includes incidental direct selling
of produce from such a vegetable garden to the public.
The County of Frederick adopts by reference the current version
of the Northern Shenandoah Valley Regional Commission (NSVRC) Drought/Low
Water Supply Response Plan. The adoption of this plan, or a substitution
plan authorized by the County of Frederick, is pursuant to, and authorized
by, applicable sections of the Virginia Code (as required by 9 VAC
25-780-120 and as authorized by Code of Virginia, §§ 15.2-923(ii),
Local water-saving ordinances, and 15.2-924, Water supply emergency
ordinances).
Section 15.2-924 of the Code of Virginia states that localities
have the power to declare a water supply emergency and to restrict
citizens' water use for the prevention of or the duration of a water
supply emergency. When such restrictions are put into place, any local
water supply system may apply to the State Water Control Board for
assistance if it is able to provide evidence that it has exhausted
its available means. Water can be bought from one water supplier for
the benefit of another to alleviate local water shortages; in such
cases, water will be paid for at an agreed-upon rate of the supplier.
Notice of these public water use restrictions shall be published
in the local media for a period of one day per week each week during
which the restrictions are in effect and on the County website while
the restrictions are in effect.
It shall be a violation of this chapter for any person to use water, or allow or cause the use of water, in violation of the provisions of this chapter after the first publication required by §
75-5 of this chapter.
Upon determining that conditions necessitating a declaration
of a particular drought stage have alleviated, the County Administrator
shall reduce to a lower stage or rescind the declaration under this
chapter, as appropriate. In addition, nothing in this section shall
be construed to prohibit the County Administrator from rescinding
any orders issued hereunder when the conditions creating the need
for such orders have abated.