06-044 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-44
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 06-01, REPLACING EXHIBIT A (DROUGHT CONTINGENCY
PLAN); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to amend Ordinance No. 06-01 by adopting a revised
Exhibit A which sets forth the Town's Drought Contingency Plan set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 2 of Ordinance No. 06-01; Adopting a Revised
Exhibit A (Drought Contingency Plan). Ordinance No. 06-01, Section 2 is hereby amended to
replace Exhibit A (Drought Contingency Plan) with the revised Exhibit A, attached hereto and
incorporated herein for all purposes.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity that
violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to
the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred
dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The
penal provisions imposed under this Ordinance shall not preclude the Prosper from filing suit to
enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 4: Savings/Repealing Clause. Ordinance No. 06-01 shall remain in full force
and effect, save and except as amended by this or any other ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
Ordinance Amending No.06-01, Exhibit A(Drought Contingency Plan)—Page 1
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this -3 day of M 4`l , 2006.
L S NISWANGE ayor
ATTESTED AND CORRECTLY
REC D
TTHEW D. DENTON, Town Secretary
Date(s)of Publication: The Dallas Morning News— Collin County Edition
Ordinance Amending No. 06-01, Exhibit A(Drought Contingency Plan)—Page 2
Drought Contingency Plan Town of Prosper
EXHIBIT A
Town of Prosper
Drought Contingency Plan
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2-1
3. DROUGHT CONTINGENCY PLAN 3-1
3.1 Provisions to Inform the Public and Opportunity for Public Input 3-1
3.2 Provisions for Continuing Public Education and Information 3-1
3.3 Initiation and Termination of Drought Response Stages 3-1
3.4 Drought and Emergency Response Stages 3-2
3.5 Procedures for Granting Variances to the Plan 3-11
3.6 Procedures for Enforcing Mandatory Water Use Restrictions 3-12
3.7 Coordination with the Regional Water Planning Group and NTMWD 3-12
3.8 Review and Update of Drought Contingency Plan 3-12
Drought Contingency Plan Town of Prosper
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on
Drought Contingency Plans
• Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.20 — Drought Contingency Plans for
Municipal Uses by Public Water Suppliers
APPENDIX C Letter to Region C Water Planning Group
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Drought Contingency Plan Town of Prosper
Drought Contingency Plan for the
Town of Prosper
May 2006
1. INTRODUCTION AND OBJECTIVES
This document is a drought contingency plan, intended to be available for adoption by North
Texas Municipal Water District (NTMWD) member cities and customers. This plan
addresses all of the current TCEQ requirements for a drought contingency plan.
The purpose of this drought contingency plan is as follows:
■ To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
■ To protect and preserve public health,welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
The North Texas Municipal Water District(NTMWD) supplies treated water to its member
cities and customers. This plan was developed by NTMWD in consultation with its member
cities. In order to adopt this plan, each NTMWD member city and customer will need to
adopt ordinance(s) or regulation(s) implementing the plan, including the determination of
fines and enforcement procedures. The plan calls for member cities and customers to adopt
drought stages initiated by NTMWD during a drought. Member cities and customer may
also adopt more stringent drought stages than NTMWD if conditions warrant.
Superscripted numbers match references listed in Appendix A.
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Drought Contingency Plan Town of Prosper
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the
Texas Administrative Code, which is included in Appendix B. For the purpose of these
rules, a drought contingency plan is defined as "a strategy or combination of strategies for
temporary supply and demand management responses to temporary and potentially
recurring water supply shortages and other water supply emergencies I."
Minimum Requirements
TCEQ's minimum requirements for drought contingency plans are addressed in the
following subsections of this report:
• 288.20(a)(1)(A) — Provisions to Inform the Public and Provide Opportunity for
Public Input—Section 3.1
• 288.20(a)(1)(B) — Provisions for Continuing Public Education and Information —
Section 3.2
• 288.20(a)(1)(C) — Coordination with the Regional Water Planning Group — Section
3.7
• 288.20(a)(1)(D) — Criteria for Initiation and Termination of Drought Stages —
Section 3.3
• 288.20(a)(1)(E)—Drought and Emergency Response Stages—Section 3.4
• 288.20(a)(1)(F)—Water Supply and Demand Management Measures for Each Stage
—Section 3.4
• 288.20(a)(1)(G) — Procedures for Initiation and Termination of Drought Stages —
Section 3.3
• 288.20(a)(1)(H)-Procedures for Granting Variances—Section 3.5
• 288.20(a)(1)(I) - Procedures for Enforcement of Mandatory Restrictions — Section
3.6
• 288.20(a)(3)—Consultation with Wholesale Supplier—Sections 1,3.3, and 3.4
• 288.20(b)—Notification of Implementation of Mandatory Measures—Section 3.3
• 288.20(c)—Review and Update of Plan—Section 3.8
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Drought Contingency Plan Town of Prosper
3. DROUGHT CONTINGENCY PLAN
3.1 Provisions to Inform the Public and Opportunity for Public Input
Member cities and customers will provide opportunity for public input in the development
of this drought contingency plan by the following means:
■ Providing written notice of the proposed plan and the opportunity to comment on the
plan by newspaper,posted notice, and notice on Prosper's web site.
• Making the draft plan available on Prosper's web site.
• Providing the draft plan to anyone requesting a copy.
• Holding a public meeting.
3.2 Provisions for Continuing Public Education and Information
Member cities and customers will inform and educate the public about the drought
contingency plan by the following means:
• Preparing a bulletin describing the plan and making it available at town hall and
other appropriate locations.
• Making the plan available to the public through Prosper's web site.
■ Including information about the drought contingency plan on Prosper's web site.
• Notifying local organizations, schools, and civic groups that staff are available to
make presentations on the drought contingency plan (usually in conjunction with
presentations on water conservation programs).
At any time that the drought contingency plan is activated or the drought stage changes,
member cities and customers will notify local media of the issues, the drought response
stage, and the specific actions required of the public. The information will also be
publicized on Prosper's web site. Billing inserts will also be used as appropriate.
3.3 Initiation and Termination of Drought Response Stages
Initiation of a Drought Response Stage
The Town Administrator, or official designee may order the implementation of a drought
response stage or water emergency when one or more of the trigger conditions for that stage
is met. The following actions will be taken when a drought stage is initiated:
• The public will be notified through local media and Prosper's web site as described
in Section 3.2.
• Wholesale customers (if any) and the NTMWD will be notified by telephone with a
follow-up letter,e-mail, or fax.
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Drought Contingency Plan Town of Prosper
• If any mandatory provisions of the drought contingency plan are activated, member
cities and customers will notify the Executive Director of the TCEQ within 5
business days.
Drought stages imposed by NTMWD action must be initiated by member cities and
customers. For other trigger conditions, the Town Administrator, or official designee may
decide not to order the implementation of a drought response stage or water emergency even
though one or more of the trigger criteria for the stage are met. Factors which could
influence such a decision include, but are not limited to, the time of the year, weather
conditions, the anticipation of replenished water supplies, or the anticipation that additional
facilities will become available to meet needs. The reason for this decision should be
documented.
Termination of a Drought Stage
The Town Administrator, or official designee may order the termination of a drought
response stage or water emergency when the conditions for termination are met or at their
discretion. The following actions will be taken when a drought stage is terminated:
• The public will be notified through local media and Prosper's web site as described
in Section 3.2.
• Wholesale customers (if any) and the NTMWD will be notified by telephone with a
follow-up letter,e-mail,or fax.
• If any mandatory provisions of the drought contingency plan that have been
activated are terminated, member cities and customers will notify the Executive
Director of the TCEQ within 5 business days.
The Town Administrator, or official designee may decide not to order the termination of a
drought response stage or water emergency even though the conditions for termination of
the stage are met. Factors which could influence such a decision include, but are not limited
to, the time of the year, weather conditions, or the anticipation of potential changed
conditions that warrant the continuation of the drought stage. The reason for this decision
should be documented.
3.4 Drought and Emergency Response Stages
Stage 1,Mild(Voluntary)
Initiation and Termination Conditions for Stage 1,Mild
• The NTMWD has initiated Stage 1, Mild, which may also be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 484.0 msl (8 feet
below the top of conservation storage).
o NTMWD demand exceeds 90% of the amount that can be delivered to
customers for seven consecutive days.
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Drought Contingency Plan Town of Prosper
o Water demand for all or part of NTMWD's delivery system approaches delivery
capacity because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
o The NTMWD Executive Director finds that conditions warrant the declaration
of Stage 1 drought.
• Town of Prosper daily usage exceeds 2.5 times the average daily flow from the
preceding months of January and February, for seven consecutive days; or water
system demand approaches 70% of system capacity for seven consecutive days,
whichever is reached first.
• Town of Prosper water demand for all or part of the delivery system approaches
delivery capacity because delivery capacity is inadequate.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 1 would terminate when NTMWD terminates its Stage 1 condition or when the
circumstances that caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1, Mild
The goal for water use reduction under Stage 1, Mild, is a five percent reduction in the use
that would have occurred in the absence of drought contingency measures. The Town
Administrator, or official designee may order the implementation of any or all of the
following actions,or other measures, as deemed necessary:
• Request voluntary reductions in water use by the public and by wholesale customers.
• Avoid outdoor watering from 5 am to 8 am and from 10 am to 6 pm daily.
• Increase public education efforts on ways to reduce water use.
• Review the problems that caused the initiation of Stage 1.
• Notify major water users and work with them to achieve voluntary water use
reductions.
• Intensify efforts on leak detection and repair.
• Reduce non-essential city government water use. (Examples include street cleaning,
vehicle washing, operation of ornamental fountains,etc.)
• Reduce town government water use by 5%for landscape irrigation.
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Drought Contingency Plan Town of Prosper
■ Recommended for all Town of Prosper water users the following water use schedule
for landscape sprinkler systems and outdoor water usage during the normal growing
period:
Last Digit of Address Allowed Landscape Water Days
Retail,Business, Industrial, Monday and Thursday
and Commercial Customers
Schools,Place of Worship,Parks, Monday and Thursday
Designated Open Space,
Medians/ROW,and other Non-
Residential Users including HOA
areas
Residential Only 0,2,4,6,8 Tuesday and Saturday
(Includes Duplexes,Town homes,
and Apartments)
Residential Only 1,3,5,7,9 Wednesday and Sunday
(Includes Duplexes, Town homes,
and Apartments)
■ Suggest for all Town of Prosper water users the following recommendations during
normal dormant months:
o Use soaker hoses to maintain foundation moisture,
o Irrigate landscaping by hand with garden hoses,
o Operate sprinkler systems only once per week.
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Drought Contingency Plan Town of Prosper
Stage 2,Moderate(Mandatory Upgrade)
Initiation and Termination Conditions for Stage 2,Moderate
• The NTMWD has initiated Stage 2, Moderate, which may be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 481.0 msl (11 feet
below the top of conservation storage).
o NTMWD demand exceeds 95% of the amount that can be delivered to
customers for five consecutive days.
o NTMWD demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
o The NTMWD Executive Director finds that conditions warrant the declaration
of Stage 2 drought.
• Town of Prosper daily usage exceeds 3.0 times the average daily flow from the
preceding months of January and February, for five consecutive days; or water
system demand approaches 80% of system capacity for five consecutive days,
whichever is reached first.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 2 can terminate when NTMWD terminates its Stage 2 condition or when the
circumstances that caused the initiation of Stage 2 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 2,Moderate
The goal for water use reduction under Stage 2, Moderate, is a ten percent reduction in the
use that would have occurred in the absence of drought contingency measures. The Town
Administrator, or official designee may order the implementation of any or all of the
following, or other measures, as deemed necessary:
• Continue or initiate any actions available under Stage 1.
• Initiate engineering studies to evaluate alternatives should conditions worsen.
• Further accelerate public education efforts on ways to reduce water use.
• Prohibit outdoor watering from 5 am to 8 am and 10 am to 6 pm daily.
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Drought Contingency Plan Town of Prosper
• Require all Town of Prosper water users to comply with the following water use
schedule for landscape sprinkler system and outdoor water usage during the normal
growing season:
Last Digit of Address Allowed Landscape Water Day
Retail,Business,Industrial Monday and Thursday
and Commercial Customers
Schools,Places of Worship,Parks, Monday and Thursday
Designated Open Space,Medians/
ROW,and other Non-Residential
Users including HOA areas
Residential Only 0,2,4,6,8 Tuesday and Saturday
(Includes Duplexes, Town homes,
and Apartments)
Residential Only 1,3,5,7,9 Wednesday and Sunday
(Includes Duplexes,Town homes,
and Apartments)
• Require all Town of Prosper water users to comply with the following restrictions
during the normal dormant months:
o Use soaker hoses to maintain foundation moisture,
o Irrigate landscaping by hand using garden hoses,
o Operate sprinkler systems only once per week.
• Provide a 30-day exemption for new and existing landscape modifications.
• Allow soaker hoses for foundation moisture, drip systems, and hand watering at any
time.
• Restrict non-essential town government water use. (Examples include street
cleaning,vehicle washing,operation of ornamental fountains,etc.)
• Encourage the public to wait until the current drought or emergency situation has
passed before establishing new landscaping.
• Initiate a rate surcharge of up to 100% for all residential and irrigation customers
over 25,000 gallons per billing cycle or the surcharge provided by the NTMWD
subject to council approval.
• Notify wholesale customers of actions being taken and request them to implement
similar procedures.
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Drought Contingency Plan Town of Prosper
• Allow normal water use for all businesses including swimming pool construction
and maintenance,commercial car washes,nurseries, etc.
Stage 3,Severe(Mandatory)
Initiation and Termination Conditions for Stage 3, Severe
• The NTMWD has initiated Stage 3, Severe, which may also be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 478.0 msl (14 feet
below the top of conservation storage).
o NTMWD demand exceeds 98% of the amount that can be delivered to
customers for three consecutive days.
o NTMWD demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
o The NTMWD Executive Director finds that conditions warrant the declaration
of a Stage 3 drought.
• Town of Prosper daily usage exceeds 3.5 times the average daily flow from the
preceding months of January and February, for three consecutive days; or water
system demand approaches 90% of system capacity for three consecutive days,
whichever is reached first.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 3 can terminate when NTMWD terminates its Stage 3 condition or when the
circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3, Severe
The goal for water use reduction under Stage 3, Severe, is a reduction of twenty percent in
the use that would have occurred in the absence of drought contingency measures. If
circumstances warrant or if required by NTMWD, the Town Administrator, or official
designee can set a goal for a greater water use reduction.
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Drought Contingency Plan Town of Prosper
The Town Administrator, or official designee must implement any action(s) required by
North Texas Municipal Water District. In addition, the Town Administrator, or official
designee may order the implementation of any of the actions listed below, as deemed
necessary. Measures described as "requires notification to TCEQ" impose mandatory
requirements on customers. TCEQ must be notified within five business days if these
measures are implemented:
• Continue or initiate any actions available under Stages 1 and 2.
• Prohibit outdoor watering from 5 am to 8 am and from 10 am to 6 pm daily.
• Implement viable alternative water supply strategies.
• Requires Notification to TCEQ — Initiate mandatory water use restrictions as
follows:
o Prohibit hosing of paved areas,buildings,or windows.
o Prohibit operation of ornamental fountains.
o Prohibit washing or rinsing of vehicles by hose.
o Prohibit using water in such a manner as to allow runoff or other waste.
o New landscaping and landscape modifications are not limited to a once per
week watering schedule for 30 days.
• Requires Notification to TCEQ — Limit landscape watering at each service
address to once every seven days based on the last digit of the address. Soaker
hoses, drip systems, and hand-held hoses may be used for trees and shrubs up to
one hour on any day or for foundations as necessary. Restrictions do not apply to
those customers using well water, reuse, or reclaimed water for irrigation.
The Town of Prosper mandatory seven day watering schedule is as follows:
Last Digit of Address Allowed Landscape Water Days
Retail, Business, Industrial, Monday
and Commercial Customers
Residential Only 0,2, 4,6,8 Tuesday
(Includes Duplexes,Town homes,
and Apartments)
Residential Only 1,3, 5, 7, 9 Wednesday
(Includes Duplexes,Town homes,
and Apartments)
Schools,Places of Worship, Parks, Thursday
Designated Open Space, Medians/
ROW, and other Non-Residential
Users including HOA areas
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Drought Contingency Plan Town of Prosper
• Initiate a rate surcharge of up to 100% for all residential and irrigation customers
over 25,000 gallons per billing cycle or the surcharge provided by the NTMWD
subject to council approval.
• Notify wholesale customers of actions being taken and request them to implement
similar procedures.
• If NTMWD imposed a reduction in water available to member cities and
customers, impose the same percent reduction on wholesale customers.
Stage 4,Emergency(Mandatory)
Initiation and Termination Conditions for Stage 4,Emergency
• The NTMWD has initiated Stage 4, Emergency, which may also be initiated by one
or more of the following:
o The water level in Lake Lavon has fallen below elevation 475.0 msl (17 feet
below the top of conservation storage).
o NTMWD demand exceeds the amount that can be delivered to customers.
o NTMWD demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
o The NTMWD Executive Director finds that conditions warrant the declaration
of Stage 4 drought.
• Town of Prosper demand exceeds the amount that can be delivered to customers.
■ Town of Prosper demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
■ Town of Prosper individual plan may be implemented if other criteria dictate.
• NTMWD has imposed a reduction in the water available to the Town of Prosper.
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Drought Contingency Plan Town of Prosper
Stage 4 can terminate when NTMWD terminates its Stage 4 condition or when the
circumstances that caused the initiation of Stage 4 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 4,Emergency
The goal for water use reduction under Stage 4, Emergency, is to eliminate all non-essential
outdoor uses and to prevent public health emergencies that would have occurred in the
absence of drought contingency measures. If circumstances warrant, or required by
NTMWD, the Town Administrator, or official designee can set a goal for a greater water
use reduction.
The Town Administrator or official designee must implement any action(s) required by
North Texas Municipal Water District. In addition, the Town Administrator, or official
designee may implement of any or all of the following actions ranked in order of importance
as listed, or other measures, as deemed necessary. Measures described as "requires
notification to TCEQ" impose mandatory requirements on customers. TECQ must be
notified within five business days if these measures are implemented.
1.) Requires Notification to TCEQ—Prohibit commercial and residential landscape
watering, except that soaker hoses, drip systems, or hand-held hoses may be used to
water trees up to two hours per week or foundations as necessary, and the minimum
necessary watering to maintain public safety at parks and athletic fields.
2.) Requires Notification to TCEQ — Prohibit the installation of new landscaping,
modifications to existing landscaping,and all associated outdoor watering.
3.) Requires Notification to TCEQ—Prohibit the hand-washing of all vehicles.
4.) Requires Notification to TCEQ—Prohibit all potable watering of golf courses except
for greens and tee boxes.
5.) Requires Notification to TCEQ - Prohibit any filling of private swimming pools.
Commercial and public pools may refill to replace losses during normal use.
6.) Requires Notification to TCEQ — Prohibit outdoor water usage of nurseries,
commercial car washes, and other businesses that require water for outdoor
purposes.
7.) Requires Notification to TCEQ — Prohibit all underground construction and
trenching in the vicinity of the Town of Prosper water system and water use related
to any construction activity.
8.) Requires Notification to TCEQ — Prohibit the use of outdoor watering to maintain
parks and athletic fields.
9.) Requires Notification to TCEQ—Prohibits all outdoor watering,no exceptions.
• Allow water use of water for municipal purposes limited to those activities necessary
to maintain the public health, safety, and welfare including fire-fighting, and water
system maintenance.
• Continue any actions required under Stages 1,2, and 3.
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Drought Contingency Plan Town of Prosper
• Implement viable alternative water supply strategies.
• Initiate a rate surcharge of up to 100% over normal rates for all residential and
irrigation customers over 25,000 gallons per billing cycle or the surcharge provided
by the NTMWD subject to council approval.
• Notify wholesale customers of actions being taken and request them to implement
similar procedures.
3.5 Procedures for Granting Variances to the Plan
The Town Administrator, or official designee may grant temporary variances for existing
water uses otherwise prohibited under this drought contingency plan if one or more of the
following conditions are met:
• Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person requesting the
variance.
• Compliance with this plan cannot be accomplished due to technical or other
limitations.
■ Alternative methods that achieve the same level of reduction in water use can be
implemented.
Variances shall be granted or denied at the discretion of the Town Administrator, or official
designee. All petitions for variances should be in writing and should include the following
information:
• Name and address of the owner and a licensed Texas irrigator responsible for the
variance.
• Purpose of water use
• Specific provisions from which relief is requested
■ Detailed statement of the adverse effect of the provision from which relief is
requested
• Description of the relief requested including a proposed irrigation plan
• Monthly report verifying the goal reductions
• Period of time for which the variance is sought
• On-call personnel with contact information for 24-hour a day repair response within
one hour of notice
■ Alternative measures that will be taken to reduce water use
• Other pertinent information.
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Drought Contingency Plan Town of Prosper
3.6 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions may be imposed in Drought Contingency Plan Stages 2, 3,
or 4. These mandatory water use restrictions will be enforced by any combination of
warnings,reconnection fees, suspension of service,monetary penalties, citations, and fees as
follows:
• On the first violation, customers will be notified by sign or door- hanger that they
have violated the mandatory water use restriction.
• On the second violation, the Town of Prosper will disconnect the irrigation system
and post notification of violation with reconnection fees and possible monetary
penalties.
• On the third violation, the Town of Prosper will disconnect water service and post
notification of violation with reconnection fees,fines, and/or citations.
• The Town of Prosper maintains the right, at any violation level, to disconnect
irrigation systems and/or total water services to a customer with reconnection
fees and possible monetary penalties.
• Any Town of Prosper employee, as designated by the Town Administrator, may
implement any provision of the enforcement process of the Drought Contingency
Plan.
3.7 Coordination with the Regional Water Planning Group and NTMWD
Appendix C includes a copy of a letter sent to the Chair of the Region C water planning
group with this water conservation and drought contingency plan.
The Town of Prosper will send a draft of its ordinance(s) or other regulation(s)
implementing this plan to NTMWD for their review and comment. The Town of Prosper
will also send the final ordinance(s)or other regulation(s)to NTMWD.
3.8 Review and Update of Drought Contingency Plan
As required by TCEQ rules, the Town of Prosper will review this drought contingency plan
every five years. The plan will be updated as appropriate based on new or updated
information.
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