[HISTORY: Adopted by the Board of Supervisors of the County
of Frederick 9-28-2011. Amendments noted where applicable.]
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:
Landscaping plantings or lawns existing in an area after
such period of time as to accomplish an establishment and maintenance
of growth.
A water display where water is sprayed strictly for ornamental
purposes.
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.
Any individual, corporation, partnership, association, company,
business, trust, joint venture or other legal entity.
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.
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.
A.
The Drought Contingency and Response Plan for Frederick County provides
guidance for evaluating the potential for, or existence of, drought
conditions and implementation of response and contingency activities
for persons utilizing the public water system. The provisions of this
section apply only to persons utilizing the public water system, but
persons served by private wells are also encouraged to implement voluntary
reductions during drought stages. Frederick County is authorized to
take special measures of prudent management to prevent a critical
water shortage when a potential shortage and/or emergency condition
exists as outlined in this chapter and in the Frederick County Sanitation
Authority's Drought Management Plan, in the water system(s), and to
declare drought watch, drought warning or drought emergency conditions
within the jurisdiction. The County Administrator, in consultation
with the Executive Director of the Sanitation Authority, will evaluate
the conditions and make the determination which stage of drought is
occurring. Upon a determination of the existence of the following
conditions, the County Administrator or his designee shall, in accordance
with § 44-146.21 of the Code of Virginia, declare a drought
watch, drought warning, or drought emergency, as appropriate. Said
declaration shall be subject to confirmation by the Board of Supervisors
at its next regularly scheduled meeting or at a special meeting within
14 days of the declaration, whichever occurs first.
(1)
Drought watch. The drought watch stage applies when dry weather conditions
persist or worsen and the water demand or usage remains steady or
increased which creates questions as to the sustainability of the
water resource supplies. Drought watch target is to increase public
awareness and reduce water consumption by 10% for residential users
and 15% for nonresidential users through voluntary water conservation.
Required actions include the monitoring of drought conditions; notifying
the public of incipient drought via local media, public service announcement,
County website, notices with water bills; and requesting voluntary
reduction in nonessential water use, including:
(a)
Reduce outdoor water use, including the watering of lawns and
landscaping;
(b)
Use washing machines and dishwashers only when loads are full;
(c)
Reduce water use when performing personal hygiene;
(d)
Install water-savings devices in the home, including faucet
aerators and low-flow toilets;
(e)
Install rain barrels for watering plants, washing vehicles and
general cleanup; and
(f)
Check faucets and toilets for potential leaks.
(2)
Drought warning. The drought warning stage applies when dry conditions
are severely affecting the reliability of the water resources and
the ability of the Frederick County Sanitation Authority to adequately
supply and meet future demands or usage of its clients. Drought warning
target is to increase public awareness and reduce water consumption
by 15% for residential users and 20% for nonresidential users through
voluntary and mandatory water conservation. Required actions include
the monitoring of drought conditions; notifying the public of the
drought warning via local media, public service announcement, County
website, notices with water bills; requesting voluntary water conservation
measures; and implementing mandatory reduction in nonessential water
use as follows:
(a)
Voluntary reductions.
[1]
Voluntary reductions of overall water use by all customers of
the FCSA, as set forth above for the drought watch stage; and
[2]
In addition:
[a]
Customers not served drinking water in restaurants unless requested;
[b]
Ceasing installation of new irrigation taps on the FCSA system;
[c]
Ceasing water service to customers who have been given a five-day
notice to repair one or more leaks and have failed to do so;
[d]
Limiting expanding new irrigated land in production or planting
or landscaping that is required by site design review process; and
[e]
Reducing watering of shrubbery, trees, lawns, grass, plants,
and other established landscaping by implementing an alternate-day
use schedule based on the last digit of residential or commercial
address: odd-number addresses: Tuesday, Thursday and Saturday; even-number
addresses: Wednesday, Friday and Sunday, with no watering to occur
between 10:00 a.m. and 6:00 p.m.
(b)
Specifically prohibited activities using water are:
[1]
Washing down of streets, sidewalks, walkways, driveways, parking
lots, service station aprons, tennis courts, other hard-surfaced areas,
buildings, and structures, except as required for safety concerns;
[2]
Noncommercial washing of privately owned automobiles, trucks,
trailers, boats, and any other types of mobile equipment, except where
required to meet air quality standards;
[3]
Using water to maintain fountains, reflective ponds and decorative
water bodies for aesthetic or scenic purposes, except where necessary
to support aquatic life;
[4]
Obtaining water from fire hydrants for construction purposes,
fire drills or any other purpose other than fire suppression or other
public emergency;
[6]
Bulk water sales (haulers).
(c)
Intensification of maintenance efforts to identify and correct
water leaks in the distribution system.
(3)
Drought emergency. The drought emergency stage applies when extreme
water shortage or drought conditions have caused significant adverse
impacts to the reliability of water resources and the ability of the
Frederick County Sanitation Authority to adequately supply and meet
future demands or usage requirements of its clients and the public
health and safety are at risk. Drought emergency target is to increase
public awareness and reduce water withdrawals by 20% for residential
users and 25% for nonresidential users through voluntary and mandatory
water conservation. Required actions include the monitoring of drought
conditions; notifying the public of the drought emergency via local
media, public service announcement, County website, notices with water
bills; and requesting voluntary water conservation measures; and implementing
mandatory reduction in nonessential water use as follows:
(a)
Voluntary reductions of overall water use by all customers of
the FCSA, as set forth above for the drought watch and drought warning
stages, except that irrigation of established and new landscaping
is prohibited, and not voluntary.
(b)
Specifically prohibited activities using water are:
[1]
Washing down of streets, sidewalks, walkways, driveways, parking
lots, service station aprons, tennis courts, other hard-surfaced areas,
buildings, and structures, except as required for safety concerns;
[2]
Noncommercial washing of privately owned automobiles, trucks,
trailers, boats, and any other types of mobile equipment, except where
required to meet air quality standards;
[4]
Using water to maintain fountains, reflective ponds and decorative
water bodies for aesthetic or scenic purposes, except where necessary
to support aquatic life;
[5]
Obtaining water from fire hydrants for construction purposes,
fire drills or any other purpose other than fire suppression or other
public emergency;
[6]
Using water to fill or refill public or private swimming pools;
[7]
Watering of all shrubbery, trees, lawns, grass, plants, and
other established or new landscaping;
[8]
Watering of vegetable gardens;
[9]
Bulk water sales (haulers), except for the temporary provision
of water for potable residential purposes. This shall not be construed
to prevent the hauling of nonpotable water for any purpose.
[Amended 1-24-2024]
(c)
A moratorium on the issuance of all new water service connections
may be approved by the Board of Supervisors for the duration of the
drought emergency stage. As part of the public information process,
notices will be provided to developers on the moratorium.
[Amended 1-24-2024]
(d)
The implementation of conservation water rates may be approved
by the Board of Supervisors for the duration of the drought emergency
stage to a maximum increase of 20% above the existing rate. This drought
conservation rate is a temporary fee imposed during the current water
supply shortage and is not a cost-based rate. The conservation rate
will be terminated at such time as the drought emergency status is
lifted.
[Amended 1-24-2024]
(e)
Intensification of maintenance efforts to identify and correct
water leaks in the distribution system.
B.
Frederick County shall choose its local data sources, establish its
local trigger points for the varying declarations, and evaluate various
information sources prior to enabling or rescinding any noted declaration.
C.
During extreme drought emergency situations, Frederick County shall
be permitted to reduce the water system pressure and to further ration
the water supply, as needed.
D.
Drought emergency conditions may also be declared by the jurisdiction
in certain circumstances which are listed in this chapter and in the
event of equipment failure, contamination or other non-drought-related
event that prevents short-term provision of adequate water supplies.
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.
A.
Violations of this chapter shall constitute civil violations as outlined
herein. The Frederick County Sheriff's Department, the Frederick County
Fire Marshal and the Frederick County Sanitation Authority are hereby
authorized to enforce this chapter and all rules, regulations and
penalties herein related to all drought stages. The Sheriff's Department,
Fire Marshal or Sanitation Authority may provide a citation for a
civil violation to any individual who has violated any provision of
this chapter.
(1)
Any person who violates any provision of this chapter after publication of notice pursuant to § 75-5 above shall be subject to the following civil penalties:
(a)
Drought warning stage:
[1]
For the first violation of a drought warning stage, violators
shall be fined $50.
[2]
For the second violation of a drought warning stage, violators
shall be fined $100.
[3]
For the third violation, violators shall be fined $150 and will
immediately be disconnected from the Frederick County Sanitation Authority's
water system for the duration of the drought warning stage. Such service
shall not be restored until the fine, the reconnection fee, along
with any other charges are paid.
(b)
Drought emergency stage:
[1]
For the first violation of a drought emergency stage, violators
shall be fined $100.
[2]
For the second violation of a drought emergency stage, violators
shall be fined $150 and will be immediately disconnected from the
Frederick County Sanitation Authority's water system for the duration
of the drought emergency. Such service shall not be restored until
the fine, the reconnection fee, along with any other charges are paid.
[3]
For each violation of water theft during a drought emergency
stage from any hydrants, shall result in a fine of $300 and confiscation
of all equipment. Said offender or company shall be prohibited from
accessing any Frederick County water source.
(c)
Each violation by a person shall be counted as a separate violation
by that person, irrespective of the location at which the violation
occurs.
(2)
The Executive Director of the Sanitation Authority may waive the
penalty if he determines that the violation occurred due to no fault
of the person.
(3)
Any person issued a citation for a civil violation may make an appearance
in person or in writing by mail to the Treasurer of Frederick County,
Virginia, prior to the date fixed for trial in court. Any person so
appearing may enter a waiver of trial, admit liability, and pay the
civil penalty established for the violation charged. If a person charged
with a violation under this chapter does not elect to enter a waiver
of trial and admit liability, the violation shall be tried in the
General District Court in the same manner and with the same right
of appeal as provided for by law. In any trial for a violation under
this chapter, the locality shall have the burden of proving by a preponderance
of the evidence the liability of the alleged violator. An admission
of liability or finding of liability under this section shall not
be deemed an admission at a criminal proceeding.
B.
The declaration of a drought watch, drought warning, or drought emergency
under this chapter shall take effect immediately and be deemed adopted
on an emergency basis pursuant to Virginia Code § 15.2-1427F;
provided, however, the declaration shall not be enforced for more
than 60 days unless readopted with prior notice and a public hearing
pursuant to that Virginia Code section.
C.
During the implementation of this chapter, the temporary repeal of
other inconsistent ordinances within the Code of Frederick County
may be authorized by the Board of Supervisors. Such temporary repeals
shall last the duration of the decision in effect by the Board; provided,
however, that such temporary repeals shall also not remain in effect
for more than 60 days unless ratified with prior notice and a public
hearing pursuant to Virginia Code § 15.2-1427F.
A.
Upon implementation of a drought emergency stage (above), the County
Administrator shall appoint an Appeals Board consisting of three representatives
from the jurisdiction administration and Frederick County Sanitation
Authority. The County Attorney or designee shall serve as legal counsel
to the Appeals Board.
B.
The Appeals Board shall be empowered to review customer applications
for exemptions from the provisions of the mandatory conservation on
a case-by-case basis and, if warranted, to make equitable adjustments
to such provisions. The Board shall also be empowered to establish
regulations governing the granting of temporary exemptions applicable
to all or some of the uses of the water supply as set forth. The board
shall, in deciding applications, balance economic and other hardships
to the applicant resulting from the imposition of water use restrictions
or allocations against the person and cumulative impacts to the water
supply resulting from the granting of exemptions. Individual applications
shall be decided by the Board within two weeks of receipt of an application
in proper form and containing all necessary information.
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.
