The following terms, phrases and words shall have the meaning
given in this section. The words shall and will are always mandatory:
Air gap.
A complete physical separation between the free flowing discharge
end of a potable water supply pipeline and an approved storage tank.
Approved storage tank.
Any tank, cistern, rain barrel, or container used to collect
harvested rainwater must be approved by the appropriate subdivision
architectural control committee and the city.
Backflow prevention.
The mechanical prevention of reverse flow, or back siphonage,
of nonpotable water from an irrigation system into the potable water
source.
Backflow prevention assembly.
Any assembly used to prevent backflow into a potable water
system. The type of assembly used is based on the existing or potential
degree of health hazard and backflow condition.
Debris.
Any visible contaminant including leaves and twigs, dust
and dirt, bird and animal droppings, insects, and other visible material.
Debris excluder.
Any screening component such as a first-flush diverter, leaf
screen, roof washer, or other similar device that is designed to prevent
debris and sediment from entering the storage tank of a rainwater
harvesting system.
Rainwater harvesting system.
Any system used for the capture, storage, and distribution of untreated rainwater from a rooftop catchment surface or from precipitation captured directly from the sky to be used for outdoor landscape irrigation or foundation watering and consisting of the components described in section
13.11.006(5) herein.
Reduced pressure principle backflow prevention assembly.
An assembly containing two independently acting, approved
check valves together with a hydraulically operating mechanically
independent pressure differential relief valve located between the
two check valves and below the first check valve.
(Ordinance 14-07-08B adopted 7/8/14)
(a) Regardless of size, all rainwater harvesting systems are subject
to the requirements for storage tank compliance described herein;
however, no permit shall be required for a rainwater harvesting system
that conveys water to an aboveground storage tank, such as a rain
barrel, for gravity flow (hose flow) irrigation distribution only,
if the system consists of one or more storage tanks that cumulatively
hold 400 gallons or less in volume. Each owner of a rainwater harvesting
system that meets these requirements shall register each system with
the utilities water conservation inspector.
(b) It shall be unlawful for any person to construct or install a rainwater
harvesting system without having first obtained a permit from the
utilities department if:
(1) The system consists of one or more storage tanks that cumulatively
hold 400 gallons or more in volume.
(2) The systems including a connection to an irrigation system using
potable water.
(c) Adequate plans and specifications, as determined by the utilities
water conservation inspector, must accompany each application for
a permit.
(Ordinance 14-07-08B adopted 7/8/14)
(a) Any person who connects a rainwater harvesting system to the water
supply within the city must hold a valid irrigator’s license,
as defined by Title 30, Texas Administrative Code, chapter 30, and
required by V.T.C.A., Occupations Code chapter 1903, or as defined
by chapter 365, Title 22 of the Texas Administrative Code, and required
by V.T.C.A., Occupations Code chapter 1301.
(b) A property owner is not required to be licensed in accordance with
V.T.C.A., Occupations Code, Title 12, section 1903.002(c)(1) if he
or she is performing irrigation work in a building or on a premises
owned or occupied by the person as the person’s home. A home
or property owner who installs an irrigation system must meet the
standards contained in Title 30, Texas Administrative Code, chapter
344 regarding spacing, water pressure, spraying water over impervious
materials, rain or moisture shutoff devices or other technology, backflow
prevention and isolation valves. The city may, at any point, adopt
more stringent requirements for a home or property owner who installs
an irrigation system. See V.T.C.A., Occupations Code section 1903.002
for other exemptions to the licensing requirement.
(Ordinance 14-07-08B adopted 7/8/14)
It shall be the duty of the city’s utilities department
to inspect all rainwater harvesting systems which require a permit
to determine that they are in compliance with this article. For such
inspection and the issuance of the permit, a fee, as provided for
in the fee schedule found in the appendix of this code, shall be paid
to the city’s utilities department prior to the issuance of
such permit. Registration of a system under 400 gallons is at no cost
to the applicant.
(Ordinance 14-07-08B adopted 7/8/14)
All rainwater harvesting systems shall be constructed and maintained
in accordance with the following requirements:
(1) Compliance with state and federal law is the responsibility of the
producer, provider, and user of such installations.
(2) In addition to the requirements of this division, all rainwater harvesting
systems must be in compliance with any applicable city building code.
(3) All approved rainwater harvesting systems must be constructed and
installed as per the specifications of the manufacturer of that particular
system. A copy of these specifications must be submitted to the city’s
utilities department along with the permit application.
(4) Any rainwater harvesting system that is connected to the city’s
potable water system must have a reduced pressure zone backflow preventer
installed or an approved air gap method utilized to prevent backflow
to the residence and the city’s water distribution system.
(Ordinance 14-07-08B adopted 7/8/14)
All rainwater harvesting systems constructed and maintained
under the provisions of this article shall be subject to the following
restrictions and limitations:
(1) Allowable uses.
Allowable uses of rainwater harvesting
systems shall be restricted to nonpotable, outdoor irrigation and
foundation watering only. Systems supplied or supplemented by a water
source not specified herein or used for any purpose other than irrigation
shall be prohibited.
(2) Limited service area.
The rainwater harvesting system
shall serve only the lot upon which it is located.
(3) Connection to the potable irrigation water supply.
Connection
of more than one water source to an irrigation system presents the
potential for contamination of the potable water supply if backflow
occurs. Therefore, connection of any additional water source to an
irrigation system that is connected to the potable water supply shall
be permitted only if the irrigation system is connected to the potable
water supply through a reduced-pressure principle backflow prevention
(RPZ) assembly or an approved air gap method. RPZ assemblies must
be tested annually and test records must be submitted to the city
within 30 days of test date.
(A) If the irrigation system water source is solely from Lake LBJ with
no connection to a city’s potable water supply, no RPZ or air
gap method is required between the rain barrel and the irrigation
system.
(4) Setbacks.
Rainwater harvesting systems shall meet the
following setback requirements:
(A) Front.
No rainwater harvesting system or any component
thereof shall be located in front of the building structure.
(B) Side or rear.
No component of a rain barrel system shall
be more than 5 feet from the building structure.
(5) Components.
Regardless of its complexity, a rainwater
harvesting system shall be comprised of the following components:
(A) Catchment surface from which rainwater is collected. Rooftops are
the only allowable catchment surface.
(B) Gutters and downspouts that channel water from the roof catchment
surface to the tank.
(C) The rainwater catchment conveyance system shall be equipped with
a debris excluder or other approved means to prevent the accumulation
of leaves, needles, other debris and sediment from entering the storage
tank. Devices and methods used to remove debris or sediment shall
be accessible and sized and installed in accordance with manufacturer’s
installation instructions.
(D) No more than two approved storage tanks.
(E) A delivery system, either gravity fed or pumped to the end use.
(6) Approved storage tanks.
Regardless of the size or complexity
of storage tanks, the following provisions are required to prevent
public health hazards and nuisances:
(A) Storage tanks must be opaque.
(B) Storage tanks must never have been used to store hazardous materials.
(C) Storage tanks must be covered and vents screened to prevent mosquito
breeding.
(D) Storage tanks must be accessible for cleaning and repair
(E) Storage tank access openings exceeding 12 inches (305 mm) in diameter
shall be secured to prevent tampering and unintended entry by either
a lockable device or other approved method.
(F) Storage tanks are required to have an overflow port.
(G) Storage tanks should be placed on a stable, level surface and it
must be capable of holding the maximum possible weight when full.
(H) Above ground storage tanks shall be no more than 6 feet in height.
(7) Rainwater identification.
Storage tanks must be labeled
“RAINWATER – DO NOT DRINK,” “NONPOTABLE WATER
– DO NOT DRINK,” or with a similar phrase that clearly
indicates that the water contained within is not suitable for human
consumption.
(8) Location of system.
A rainwater harvesting system may
be installed in the side or rear yard of any commercial or residential
property in all zones.
(9) Maintenance.
Any rainwater harvesting system, permitted
or unpermitted shall:
(A) Not remain in a condition so as to create a public health hazard
or a nuisance to the general public;
(B) Be maintained as required to keep the system functioning as designed;
(C) Be maintained so as to prevent the accumulation of unwholesome, stagnant,
or offensive water;
(D) Be maintained so as to prevent the attraction or breeding of mosquitoes
or other undesirable pests;
(E) Not be used for the storage of anything other than water or for anything
other than its intended purpose as a rainwater harvesting system;
(10) Abandonment.
When a rainwater harvesting system is abandoned,
all components must be removed.
(11) Exceptions.
No deviation from the height, setback or
any other requirements specified herein shall be permitted unless
allowed by the city council.
(Ordinance 14-07-08B adopted 7/8/14)
(a) Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b) Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
five hundred dollars ($500.00), except as may be otherwise expressly
provided herein or by state law. Each day that a provision of this
article is violated shall constitute a separate offense. An offense
under this article is a misdemeanor.
(c) Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including, but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to two thousand dollars ($2,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance 14-07-08B adopted 7/8/14)