§ 34-275. Landscaping regulations generally applicable on and after January 1, 2006.

Except as specifically provided with alternative effective dates, persons affected by the regulations set out herein below shall comply on and after January 1, 2006, and may request a variance to such regulations in the manner set out in section 34-276. A violation of this section and subsections shall be subject to the enforcement provisions set out in section 34-277. It shall be and is hereby declared unlawful for any person to violate, refuse or fail to implement the requirements of this division.

(1)

Xeriscape option. Effective January 1, 2006, homebuilders and/or developers subdividing lots and/or constructing new single family residential homes shall offer a xeriscape option in any series of landscaping options offered to prospective home buyers.

(2)

Model. Effective January 1, 2006, homebuilders and/or developers who construct model homes for a designated subdivision shall have at least one model home per subdivision landscaped according to a xeriscape design.

(3)

Zonal system. In-ground irrigation systems installed on and after January 1, 2006, shall be zonal irrigation systems.

(4)

Turfgrass soil support.

a.

Turfgrass installed during or associated with new construction on and after January 1, 2006, shall have a minimum of four (4) inches of soil under the turfgrass.

b.

Drainage utility projects, water and power utility projects, public property maintenance or repair, and those governmental activities necessary to NPDES/TPDES compliance with federal or state rules and regulations implementing the federal Clean Water Act; or governmental actions to comply with the Americans with Disabilities Act, shall not be deemed new construction for purposes of this subsection.

(5)

Turfgrass dormancy qualities. Turfgrass installed after January 1, 2007, shall have summer dormancy capabilities. A requirement to irrigate turfgrass that has summer dormancy capabilities is not allowed.

(6)

Irrigation system use, setting and schedule recommendations. All irrigators installing irrigation systems permitted by the city or on property subject to this article shall provide to the irrigation system owner in writing a recommended seasonal irrigation schedule and instructions on how to use the irrigation system and set the controller. Seasonal schedules provided will be approved by SAWS Conservation director or designee. The schedule will be affixed to the irrigation controller or an adjacent wall.

(7)

Required city irrigation permits.

a.

Where irrigation permits are required by the city, it is the responsibility of the licensed irrigator to ensure permits are secured. Failure to secure and pay for a permit as required for irrigation work is subject to penalties as described in section 34-277 in addition to penalties that may be assessed under the city unified development code.

b.

If an irrigation system is found to be installed by an unlicensed individual or company, other than a homeowner working on his or her own residence, an additional violation may be issued under section 34-277 in addition to penalties that may be assessed under the city unified development code.

c.

Failure to properly supervise installation of irrigation work by an on-site licensed irrigator or licensed irrigation technician is subject to penalties as described in section 34-277 in addition to penalties that may be assessed under the city unified development code.

(8)

Dedicatory instruments.

a.

A dedicatory instrument may not require the installation of an irrigation system.

b.

A dedicatory instrument may not require turfgrass to be planted or irrigated

Legal comment. This comment does not have force of law, but is provided here for informational purposes only. V.T.C.A., Property Code ch. 202, § 202.001 et. seq., entitled "Certain Restrictive Covenants," reflects a growing public interest in water conservation and its relationship to the public health, safety, and welfare.

V.T.C.A., Property Code ch. 202, § 202.007, provides that a property owners association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from implementing certain efficient irrigation systems, including underground drip or other drip systems. Any dedicatory instrument provision, attempting to restrict a property owner from installing such efficient systems, is void. Therefore, such restrictions, running counter to certain conservation efforts, cannot be enforced. Texas Real Property Code, § 202.007(b). Added by Acts 2003, 78th Legislature, chapter 1024, § 1, Effective, September 1, 2003.

As used within the Texas Property Code, "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, § 202.007(1).

The Texas Property Code also allows that a property owners' association may restrict the type of turf used by a property owner in the planting of new turf (in the future) in order to encourage or require water conserving turf.

According to the Texas Property Code, property owners' associations may regulate, by dedicatory instrument or other legal means, installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes.

The SAWS endorses and advocates the use of dedicatory instruments and other legal obligations among private parties which understandings may support and promote a culture of water conservation.

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