§ 34-271. Definitions.

As used in this article, the following terms shall have the following meanings:

Advanced plan means:

(1)

As it related to athletic fields, submitted to and approved by SAWS, an irrigation schedule based on precipitation rates for irrigation systems that allows athletic fields to be irrigated more than one day a week.

(2)

As it relates to water features, submitted to and approved by SAWS, owner certification that the water feature is in good working order, to include the Outdoor water feature conservation plan and advanced monitoring methods that allow the operator to receive real time data regarding water use.

Agricultural irrigation means irrigation for the purpose of growing crops commercially for human consumption or to use as feed for livestock or poultry.

Air conditioning system(s) means a mechanical system generally consisting of a compressor, thermostat and duct work permanently installed in a building for the purpose of controlling humidity and temperature. For the purposes of this division, an air conditioning system does not include window units.

Athletic field means a sports playing field, the essential feature of which is turf grass, used primarily for organized sports for schools, professional sports, or sanctioned league play.

Automatic irrigation controller means a device that automatically activates and deactivates an irrigation system at times selected by the operator.

Automatic pool drain/overflow system means the removal of pool/spa surface water through the use of overflows and surface water collection systems of various design and manufacture.

Automatic pool fill means a water level sensing device that can control a valve to add make-up water to a pool, spa, or water feature.

Automatic pool shut-off means the action of the automatic pool fill system is automatically turned off when desired water level is attained.

Backwash/backwashing means the process of cleansing the filter medium and/or elements by the reverse flow of water through the filter.

Base usage means the average monthly total water usage for the three (3) lowest months of November and December and the following January and February during each of the three (3) consecutive 12-month periods preceding the commencement of the user's use of water.

Basic plan means:

(1)

As it relates to athletic fields, submitted to and approved by SAWS, an irrigation schedule for athletic fields that allows each athletic field at a particular location to be irrigated one day a week.

(2)

As it relates to water features, submitted to and approved by SAWS, owner certification that the water feature is in good working order to including the Outdoor water feature conservation plan.

Beneficial use means the amount of water that is economically necessary for a purpose not otherwise prohibited by the city, state or federal law or regulation, when reasonable intelligence and reasonable diligence is used in applying water for that purpose.

Blowdown meter means a meter that tracks the amount of water discharged from a cooling tower system.

Bucket means a deep, cylindrical container holding five (5) gallons or less, used singly by one person.

Cartridge pool filter means a filter that utilizes a porous element that acts as a filter medium.

Certified vehicle wash facility means a vehicle wash facility that meets the requirements of SAWS certified vehicle wash program.

Commercial dining facility means a business that serves prepared food and beverages to be consumed on the premises.

Computer controlled irrigation system (CCIS) means a system comprised of a computer controller (digital operating system), software, interface modules, satellite field controllers, soil sensors, weather station, or similar devices that is capable of achieving maximum efficiency and conservation in the application of water for irrigation. A CCIS, at a minimum, should be designed to:

(1)

Prevent over watering, flooding, pooling, evaporation and run-off, and

(2)

Prohibit sprinkler system from applying water at an rate exceeding the soil holding capacity of the land under irrigation.

Concentration means re-circulated water that has elevated levels of total dissolved solids as compared to the original make up water.

Conductivity controller means a device used to measure the conductivity of total dissolved solids in the water of a cooling system and control the discharge of water in order to maintain efficiency.

Conforming means a golf course that has a CCIS in place and is utilizing the system to achieve maximum conservation and the goals of this division. Conforming facilities shall have a conservation plan approved and on file with SAWS.

Conservation department means the Conservation Department of the San Antonio Water System.

Cooling tower means an open water recirculation device that uses fans or natural draft to draw or force air to contact and cool water through the evaporative process.

Dedicatory instrument means a governing instrument for the establishment, maintenance, and operation of a residential subdivision, planned unit development, condominium, townhouse regime, or any similar planned development. Texas Real Property Code, Sec. 202.007(1).

Diatomaceous earth pool filter means a filter that utilizes a coating of diatomaceous earth (DE) or other filter media over a porous fabric as its filter medium.

Director of conservation means the director of the department of conservation of the San Antonio Water System.

Drip irrigation means an irrigation system (drip, porous pipe, etc.) that applies water at a predetermined controlled low-flow levels directly to the roots of the plant.

Drought for this article is not intended to be limited to any meteorological definition of the term. "Drought" is intended to have broad meaning and refers to any condition, whether man-made or natural, where the available water supply or resources are not meeting the water demand, or if the water supply or resources are being depleted at a faster rate than they are being replenished.

Evaporative shields means soft floating pads that have contact with the pool water surface to reduce evaporation, small enough and flexible enough not to present an entrapment or injury hazard to bathers.

Evapotranspiration rate (ET rate) means the rate which the combination of evaporation from soil surface and transpiration from vegetation will occur for specific climatic conditions.

Existing landscaping plant means a landscaping plant existing after such period of time as to accomplish an establishment and maintenance of growth.

Extra-territorial jurisdiction (ETJ) means the area adjacent to the City of San Antonio city limits where the city has regulatory control as provided for by the state.

Fountain means an artificially created jet or stream of water, a structure, often decorative, from which a jet or stream of water issues.

Golf course means an irrigated and landscaped playing area made up of greens, tees, fairways, roughs and related areas used for the playing of golf.

Hand-held hose means a hose physically held by one person, fitted with a manual or automatic shutoff nozzle.

Health care facility means any hospital, clinic, nursing home or other health care or medical research facility.

Hose-end sprinkler means a sprinkler that applies water to landscape plants that is piped through a flexible, movable hose.

Household use means the use of water, other than uses in the outdoor category, for personal needs or for household purposes, such as drinking, bathing, heating, cooking, sanitation or cleaning, whether the use occurs in a residence or in a commercial or industrial facility.

Impervious surface means any structure or any street, driveway, sidewalk, patio or other surface area covered with asphalt, concrete, brick, paving, tile or other material preventing water to penetrate the ground.

Indoor water feature means any water feature located entirely in a conditioned space.

Industrial use means the use of water for or in connection with commercial or industrial activities, including but not limited to, manufacturing, bottling, brewing, food processing, scientific research and technology, recycling, production of concrete, asphalt, and cement, commercial uses of water for tourism, entertainment, and hotel or motel lodging, generation of power other than hydroelectric, and other business activities.

Irrigation system means a system of fixed pipes and emitters or heads that apply water to landscape plants or turfgrass, including, but not limited to, in-ground and permanent irrigation systems.

Irrigation system analysis means a zone-by-zone analysis of an irrigation system that, at a minimum, includes a review of the following elements:

(1)

Design appropriateness for current landscape requirements;

(2)

Irrigation spray heads and valves;

(3)

Precipitation rates expressed in inches per hour;

(4)

Annual maintenance plan that includes irrigation system maintenance, landscape maintenance, and a basic summer and winter irrigation scheduling plan;

(5)

Location and account numbers of meters supplying the irrigation system should be described or identified on a map;

(6)

Location and verification of functional rain sensor.

Irrigation suspension program (ISP) means a program administered by the Edwards Aquifer Authority pursuant to which agricultural irrigators within the Edwards Aquifer Authority's boundaries voluntarily agree to suspend some irrigation use of the underground water from the Edwards Aquifer in consideration for payments voluntarily funded by ISP participants.

Irrigation system, also referred to as an in-ground or permanent irrigation system, means a system with fixed pipes and emitters or heads the apply water to landscape plants.

Lake, lagoon or pond means an artificially created body of fresh or salt water.

Landscaping plant means any member of the Plant kingdom (Plantae), including any tree, shrub, vine, herb, flower, succulent, groundcover or grass species, that grows or has been planted out-of-doors.

Landscape watering means the application of water to any landscaping plant member for growth or maintenance, but for purposes of this article does not include essential use without waste of water by a commercial landscape nursery to the extent the water is used for production rather than decorative landscaping.

Large property means a tract of land or several tracts of land managed as a group such as commonly found in neighborhood common areas or medians and street setbacks commonly found associated with commercial development regardless of the number of meters or individual parcel sizes associated with the property that equals or exceeds five (5) acres in size and has an irrigation system covering all or a portion of the property.

Large use property means any property that uses 1 million gallons of water or more for irrigation purposes in a single calendar year.

Low-flow toilet means a tank toilet that uses one and sixth-tenths (1.6) gallons of water or less per flush.

Livestock means cattle, sheep, goats, hogs, poultry, horses, and game, domestic, exotic and other animals and birds, including zoo animals, used for commercial or personal purposes.

Livestock use means the use of water for drinking by or washing of livestock.

Maintenance level means the level of water in a swimming pool required for proper operation of circulation and filter equipment for the swimming pool.

Make-up meter means a meter that measures the amount of water entering a cooling tower system.

msl means elevation above mean sea level.

Mulch means any material such as bark, leaves, straw or other materials left loose and applied to the soil surface to reduce evaporation.

Multi-family means residential properties consisting of more than two (2) individual dwellings.

New landscape means any contiguous area where new landscape plant(s) are installed where no other planted plants currently exists. A new plant(s) added to an existing landscape is not considered a new landscape for the purposes of an establishment variance.

New landscaping plant means any plant or seed planted in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth. Application of grass seed to an existing stand of grass or turf is not considered new landscaping for the purposes of this chapter.

Non-conforming means a golf course that is not conforming. Non-conforming golf courses must follow the reduction measures and guidelines set forth in section 34-332.

Non-potable tank means a tank installed to capture water generated on the property from rainwater, storm water, cooling towers, air condition condensate or other process that generates secondary water use as maybe found through an industrial process with the intent to use that captured water again on site.

Non-residential means a property, facility location, or owner that is not residential.

Non-residential water feature means a water feature associated with a non-residential facilities including but not limited to shopping centers, hotels, apartments, health care facility, schools, home and property owner associations, governmental entities

NPDES/TPDES permit holders means those entities that have valid state or federal permits commonly referred to as NPDES or TPDES (National Pollutant Discharge Elimination System/Texas Pollutant Discharge Elimination System) permits to satisfy requirements of the federal Clean Water Act.

On-site reclaim water means water generated on the property from rainwater, storm water, cooling towers, air condition condensate or other process that generates secondary water use as maybe found through an industrial process with the intent to use that captured water again on site.

Organic material means organic substances in differing Stages of decay.

Other outdoor use means the use of water outdoors for the maintenance, cleaning and washing of structure and mobile equipment, including automobiles and boats, or the washing of streets, driveways, sidewalks, patios and other similar areas.

Outdoor water feature conservation plan means a plan submitted to and approved by the SAWS Conservation department that includes owner contact information monthly water use, surface area, location, reduced hours of operation through the use of timers, and certified and verified by SAWS to be in good working order.

Park means a non-residential or multi-family tract of land, other than a golf course, maintained by a city, private organization, or individual, as a place of beauty or public recreation and available for use to the general public.

Person means any individual, corporation (including a government corporation), organization, state or federal governmental subdivision or agency, political subdivision of a state, interstate agency or body, business, trust, partnership, limited partnership, association, firm, company, joint stock company, joint venture, commission or any other legal entity.

Pervious hardscape means patios, pathways and other areas where firm footing is desired, constructed in such a way that allows for water to penetrate the ground. Examples include flagstone set in sand and wood plank decks, but exclude concrete slab patios and sidewalks or pavers set with mortar and generally defined as impervious.

Pervious surface means any ground surface that can absorb water or other liquids.

Pool skimmer means a device installed in the pool or spa that permits the removal of floating debris and surface water to the filter.

Pool water features means fountains, spray jets, waterfalls, spillways, and similar water aerating devices, systems, or arrangements. Features not used for the sanitizing or filtration of the pool water.

Positive shut-off means a valve that is held in a closed position by system pressure until overridden by an outside force.

Power production use means the use of water for steam generation and the use of water for cooling and for replenishment of cooling reservoirs.

Power washer means a machine that uses water or a water-based product applied at high pressure to clean impervious surfaces.

Precipitation rate means the speed at which a sprinkler or irrigation system applies water. Precipitation rates are measured in inches per hour or inches per minute.

Prescribed hours for sprinkling means the hours of 12:00 a.m. and 11:00 a.m. and 7:00 p.m. and midnight when the Aquifer Management Plan, article IV, division 4 is not in effect, and during the hours specified therein when the Aquifer Management Plan [in] division 4 is in effect.

Private residential swimming pool means any swimming pool located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by the homeowner's family or invited guests.

Property address means the street address of a property, unless multiple street addresses are served by a single meter, in which case the mailing address will be used.

Public swimming pool means any swimming pool, other than a private residential swimming pool, intended to be used collectively by persons for swimming or bathing, operated by any person as defined herein, whether owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. The term includes, but is not limited to, apartment community pools, condominium association pools and community association pools.

Public park means as a place of beauty or public recreation owned by a governmental entity that collects sales or property for the property tax and available for use to the general public.

Rain sensor means a functioning device that detects the presence of precipitation and automatically interrupts an irrigation cycle and inhibits future irrigation cycles by means of an adjustable reset delay.

Recycled water means municipal wastewater which has been treated to a quality suitable for a beneficial use in accordance with applicable law.

Requestor means a person who requests a variance under this article.

Residential means a single or multi-family dwelling unit containing two (2) or fewer family units.

Residential landscape plan means a plan submitted to SAWS Conservation department for the purposes of seeking a variance to subsection 34-273(2)c. and identifies specific plants, includes irrigation plans meeting all requirements found in this article and TAC Title 30, Part 1, Chapter 344.

Residential water feature means a water feature located at a residential dwelling.

River, stream or brook means an artificially created flow of water in a channel or bed, as a brook, rivulet or small river.

Sand media filter means a filter using sand or sand and gravel as a filter medium. Also known as "sand filters."

SAWS means the San Antonio Water System.

Soaker hose means a flexible hose that is designed to slowly emit water across the entire length and connect directly to a flexible hose or spigot. Does not include hose that by design or use sends a fine spray in the air. It is not considered drip irrigation.

Soil holding capacity means the amount of moisture in the soil that can occur without becoming saturated.

Spa means any sub structure associated with a swimming pool often described as a hot tub.

Sprinkler means an emitter that applies water to the landscape plants in a stream or spray that travels through the air. Sprinkler irrigation can be applied by an irrigation system or hose-end sprayer or a perforated hose that sprays water in the air.

Summer dormancy means the ability of turfgrass to survive without water for a period of sixty (60) consecutive days during the months of May through September in Bexar and the adjacent counties. Turfgrass with summer dormancy capabilities approved for use are set forth in the approved plant list. The approved plant list, as may be amended from time to time, shall be available from SAWS and located at www.saws.org/conservation.

Swimming pool means 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 (2) feet or more at any point.

TCEQ means Texas Commission on Environmental Quality.

TDS means total dissolved solids.

Trigger level means the mean sea level of the Edwards Aquifer as indicated by the J-17 index well and/or as defined by the Edwards Aquifer Authority.

Turfgrass or turf means perennial ground cover plants and grasses that are adapted to regular mowing and foot traffic through management.

Vacuum system means a system, often consisting of a pump, chamber, and tubes, that is used to create a vacuum for any of a variety of purposes, including but not limited to medical, dental and industrial applications.

Vanishing edge pools means a water-feature detail in which water flows over the edge of at least one of the pool walls and is collected in a catch basin. Also known as negative edge pools.

Variance administrator means staff person in the department of conservation responsible for administering and hearing variance requests under this article.

Vegetable garden means any non-commercial vegetable garden planted primarily for household use; "non-commercial" includes incidental direct selling of produce from such a vegetable garden to the public.

Vehicle wash facility means a permanently-located business that washes vehicles with water or water-based product, including but not limited to self-service car washes, full-service car washes, roll-over/in-bay style car washes, and fleet maintenance wash facilities.

Vehicle wash fundraiser means any special-purpose vehicle wash event for which a fee is charged or donation accepted.

Waste means water used without obtaining maximum beneficial use thereof. "Waste" shall also include, but not be limited to, causing, suffering, or permitting a flow of water used for landscape watering to run into any river, creek or other natural water course or drain, superficial or underground channel, bayou, or unto any sanitary or storm sewer, any street, road or highway or other impervious surface, or upon the lands of another person or upon public lands. "Waste" shall also include, but not be limited to, any discharge of water used for commercial, industrial, municipal or domestic purposes to any storm, sanitary sewer, or septic system without the user first having obtained maximum beneficial use thereof. "Waste" shall also include, but not be limited to, failure to repair any controllable leak on property located within the San Antonio city limits or a water or waste water customer of SAWS located in the City of San Antonio ETJ.

Water means and includes, but not be limited to, potable water supplied by a water purveyor, potable water withdrawn from any groundwater well, surface water from any river, creek, natural watercourse, pond, lake or reservoir, and recycled water supplied by a water purveyor.

Water conservation plan means a written document that must include proof of irrigation efficiency of sixty (60) percent or greater and demonstrate specific measures to be taken to reduce consumption to meet the reduction goal established for each stage as described in division 4. A plan includes plant material, precipitation rates and irrigation schedules with run times. SAWS Conservation department may, on a case by case basis, waive the requirements for irrigation efficiency and/or submission of a water conservation plan.

Water feature means an artificially created body of water for aesthetic use including but not limited to fountains, waterfalls, ponds, lagoons, rivers, streams, and brooks as further defined herein.

Water flow restrictor means an orifice or other device through which water passes at a restricted rate.

Water holding capacity means the amount of moisture in the soil that can occur without becoming saturated.

Water utility use means water used for withdrawal, treatment, remediation, transmission and distribution by the water utility.

Waterfall means an artificially created steep descent of water from a height, cascade.

Watering day means a day designated for landscape watering limited to the standard 24-hour period of 12:00 a.m. to midnight. Thus, if it is Stage I and Wednesday is a designated watering day, the period of time referenced is Wednesday morning between 12:01 a.m. to 11:00 a.m., and Wednesday evening between 7:00 p.m. and midnight.

Wildlife habitat water feature means an established aquatic wildlife habitat that has actively sustained a variety of wildlife in a deliberative, inclusive ecosystem including plant material in and around the water, and fish in the water.

Xeriscape means a landscape consisting of a maximum of fifty (50) percent turfgrass, with the remaining percentage of landscape incorporating low water use plants and/or pervious hardscape. The approved plant list, as may be amended from time to time, shall be available from SAWS Conservation department and located at www.saws.org/conservation.

Zonal irrigation system means an irrigation system which segregates by station areas of shrubs, ground cover, bedding plants, and turf to accommodate a diversity of watering requirements.

(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)