2021-68 - O - Amend Ch. 6 Health & Sanitation Adding Article 6.06 Irrigation Systems - Establish Minimum Installation Standards 11.23.21TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-68
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 6, "HEALTH AND SANITATION," OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING
A NEW ARTICLE 6.06, "IRRIGATION SYSTEMS"; ESTABLISHING THE
MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS
WITHIN THE CORPORATE LIMITS OF THE TOWN AND THE TOWN'S
EXTRATERRITORIAL JURISDICTION; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that water conservation and environmental protection are important
issues and concerns affecting the Town; and
WHEREAS, properly installed irrigation systems will conserve water, help avoid wasteful
use, and improve the overall quality of life for the citizens of the Town of Prosper, Texas (the
"Town"); and
WHEREAS, Section 551.006 of the Texas Local Government Code requires, part, that a
municipality with a population of 20,000 or more regulate the installation of irrigation systems
within the corporate limits of the municipality as well as the municipality's extraterritorial
jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the health, safety,
and welfare of the public by creating an urban environment that is protective of the Town's water
supply and provides an enhanced quality of life for the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, and they are hereby approved and incorporated into the body of
this ordinance as is fully set forth herein.
SECTION 2
From and after the effective date of this ordinance, Chapter 6, "Health and Sanitation," of
the Code of Ordinances of the Town of Prosper, Texas, is amended by adding thereto a new
Article 6.06, "Irrigation Systems," to read as follows:
"ARTICLE 6.06. IRRIGATION SYSTEMS
Sec.6.06.001 Definitions.
The following words and terms shall have the following meanings in relation to their use within
this Article, except when the context clearly indicates otherwise.
Air -Gap Separation (AG). The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor,
sink, or other assembly and the flood level rim of the receptacle. T he vertical, physical separation
must be at least twice the diameter of the water supply outlet, but never less than 1.0 inch.
Artificially Made Bodies of Water. Bodies of water that have been constructed or modified to fit
some decorative or commercial purpose such as, but not limited to, aeration ponds, fish farm
ponds, storm retention basins, treatment ponds, and irrigation (channel) facilities. Water depths
may vary seasonally or be controlled.
As -Built Drawing. The final irrigation plan produced upon completion of an irrigation system
installation and provided to the irrigation system's owner or the owner's representative. The as -
built drawing(s) shall reflect all changes made to the original irrigation plan and/or specifications
during the construction process and show all aspects (including the dimensions, geometry, and
location of all elements) of the irrigation system . May be referred to as "record drawings" or
"as-builts."
Auxiliary Water Supply. Any water supply other than the approved public water supply for the
Town of Prosper, such as water from another public water supply or from a natural source
including, but not limited to, wells, cisterns, springs, rivers, streams, used waters, or industrial
fluids.
Backflow Prevention. The prevention of reverse flow, due to back siphonage or backpressure, of
non -potable water from an irrigation system into the potable water source.
Backflow Prevention Assembly. A mechanical assembly used to prevent backflow into a potable
water system. The type of assembly used is based on the hazard (health hazard or non -health
hazard) and hydraulic conditions.
Code Official. Person appointed by Town Manager to be in charge of enforcing this Article.
Commission. The Texas Commission on Environmental Quality.
Completion of irrigation system installation. When the landscape irrigation system has been
installed, all minimum standards met, all tests are performed, and the irrigator is satisfied that the
system is operating correctly.
Consulting. The act of providing advice, guidance, review, or recommendations related to
landscape irrigation systems.
Cross -Connection. A physical connection between a public water system and either another
supply of unknown or questionable quality, a source which may contain contaminating or polluting
substances, a source of water treated to a lesser degree than approved, or an auxiliary water
supply source in the treatment process.
Design. The act of determining the various elements of a landscape irrigation system that will
include, but not be limited to, elements such as collecting site -specific information, defining the
scope of the project, defining plant watering needs, selecting and laying out any local regulatory
requirements, or scheduling irrigation work at a site. Completion of the various components will
result in an irrigation plan.
Ordinance No. 2021-66, Page 2
Design Pressure. The pressure that is required for an emission device to operate properly and in
conjunction with the head -to -head spacing requirement. Design pressure is the sum of the
minimum operating pressure of the emission device to the total of all pressure losses accumulated
from the emission device to the water source.
Double Check Valve (DC). An assembly composed of two (2) independently acting, approved
check valves, including tightly closing resilient seated shutoff valves attached at each end of the
assembly and fitted with properly located resilient -seated test cocks.
Emission Device. A device that is contained within an irrigation system and used to apply water.
Common emission devices in an irrigation system include, but are not limited to, spray and rotary
sprinkler heads, and drip irrigation emitters.
Employed. The state of being engaged or hired to provide irrigation services and of being in an
employer -employee relationship as defined by Internal Revenue Code, 26 USC § 31.3121(d)-1,
based on the behavioral control, financial control, and the type of relationship involved in
performing employment -related tasks.
Exempt Business Owner. An owner of a business who employs a licensed irrigator to supervise
the irrigation services performed by the business as referenced in the Texas Occupations Code,
Chapter 1903.
Graywater. Wastewater from showers, bathtubs, handwashing, lavatories, sinks that are used
for disposal, and clothes washing machines. Graywater does not include wastewater from the
washing of material, including diapers, soiled with human excreta or wastewater that has come in
contact with toilet waste.
Head -to -head spacing. The spacing of emission devices such that the distance between them is
within the manufacturer's published radius range and the water spray reaches from device to
device. A deviation of 10% or less is acceptable.
Health Hazard. A cross -connection, potential cross -connection, or other situation involving any
substance that could cause death, illness, spread of disease, or has a high probability of causing
such effects if introduced into the potable drinking water supply.
Hydraulics. The science of dynamic and static water (pressure of water when it is not moving);
the mathematical computation of determining pressure losses and pressure requirements of an
irrigation system.
Irrigation Inspector. A water district operator, governmental entity, or licensed irrigation inspector
who inspects irrigation systems and performs other enforcement duties for a municipality or water
district and is required to be licensed under Chapter 30 of this title (relating to Occupational
Licenses and Registrations) or a licensed plumbing inspector.
Irrigation Plan. A scaled drawing of a new landscape irrigation system to be installed. The
irrigation plan shall meet all the requirements in 30 TAC §§344.60-344.65 (relating to Water
Conservation; Minimum Standards for the Design of the Irrigation Plan; Minimum Design and
Installation Requirements; Completion of Irrigation System Installation; Maintenance, Alteration,
Repair, or Service of Irrigation Systems; and Reclaimed Water) and is provided as an as -built
Ordinance No. 2021-68, Page 3
drawing to the owner or owner's representative upon completion of the irrigation system
installation.
Irrigation Services. All activities involving and irrigation system including, selling, designing,
installing, maintaining, altering, repairing, servicing, permitting, consulting services, or connecting
an irrigation system to a water supply.
Irrigation System. A system permanently installed on a site and that is composed of an assembly
of component parts for the controlled distribution and conservation of water to irrigate, reduce
dust, and control erosion in any type of landscape vegetation in any location. This term includes
sprinklers and sprinkler systems used for irrigation. This term does not include a system that is
used on or by an agricultural operation as defined by Texas Agricultural Code § 251.002.
Irrigation Technician. A person who works under the supervision of a licensed irrigator to perform
irrigation services including the connection of an irrigation system to a private or public, raw or
potable water supply system or any water supply, and who is required to be licensed under Title
30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation Zone. A subdivision of an irrigation system with a matched precipitation rate based on
plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio),
topographic features (such as slope) and soil conditions (such as sand, loam, clay, or
combination) or for hydrological control.
Irrigator. A person who performs irrigation services and/or supervises the installation of an
irrigation system, including the connection of such system to a private or public, raw or potable
water supply system or any water supply, and who is required to be licensed under Title 30, Texas
Administrative Code, Chapter 30.
Irrigator -in -Charge. The irrigator responsible for all irrigation work performed by an exempt
business owner, including, but not limited to obtaining permits, developing design plans,
supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining,
altering, repairing, or servicing a landscape irrigation system.
Landscape Irrigation. The science of applying the necessary amount of water to promote or
sustain healthy growth of plant material or turf.
License. An occupational license that is issued by the Commission under Title 30, Texas
Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an
activity that is covered by Title 30, Texas Administrative Code, Chapter 30.
Mainline. A pipe within an irrigation system that delivers water from the water source to the
individual zone valves.
Maintenance Checklist. A document made available to the irrigation system's owner or owner's
representative that contains information regarding the operation and maintenance of the irrigation
system, including, but not limited to: checking and repairing the irrigation system, setting the
automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and
plants away from irrigation emitters, using and operating the irrigation system, the precipitation
rates of each irrigation zone within the system, any water conservation measures currently in
effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly
watering schedule based on current evapotranspiration data for the geographic region, and the
Ordinance No. 2021-68, Page 4
minimum water requirements for the plant material in each zone based on the soil type and plant
material where the system is installed.
Major maintenance, alteration, repair, or service. Any activity that involves opening to the
atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone
control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe,
replacing a zone control valve, or repairing a zone control valve in a manner that opens the system
to the atmosphere.
Master Valve. A remote control valve located after the backflow prevention assembly that controls
the flow of water to the irrigation system mainline.
Matched Precipitation Rate. The condition in which all sprinkler heads within an irrigation zone
apply water at the same rate.
Natural Bodies of Water. Bodies of water such as lakes, streams, ponds, rivers, and other
naturally occurring bodies of water, which may vary in depth throughout the year.
New Installation. An irrigation system installed at a location where one did not previously exist or
is a complete replacement of an existing irrigation system.
Non -Health Hazard. A cross -connection or potential cross -connection involving any substance
that generally would not be a health hazard but would constitute a nuisance, or be aesthetically
objectionable, if introduced into the potable water supply.
Non -Potable Water. A water supply, which has not been approved for human consumption by
the Commission.
Pass -through Contract. A written contract between a contractor or builder and a licensed irrigator
or exempt business owner to perform part or all of the irrigation services. A pass -through contract
is also referred to as a sub -contract.
Potable Water. Water that is suitable for human consumption and meets the definition of drinking
water in 30 TAC § 290.38(23) (relating to Definitions).
Pressure Vacuum Breaker (PVB). An assembly which contains an independently operating
internally loaded check valve and an independently operating loaded air inlet valve located on the
discharge side of the check valve, with properly located resilient- seated test cocks and tightly
closing resilient -seated shutoff valves attached at each end of the assembly. Pressure vacuum
breakers shall not be subjected to back pressure situations.
Reclaimed Water. Domestic or municipal wastewater which has been treated to a quality suitable
for beneficial use, such as landscape irrigation.
Records of Landscape Irrigation Activities. The irrigation plans, contracts, warranty information,
invoices, copies of permits, and all other documents that relate to irrigation services.
Reduced Pressure Backflow Prevention Assembly (RP). An assembly containing two (2)
independently acting approved check vales together with a hydraulically operating, mechanically
independent pressure differential relief valve located between the check valves and at the same
Ordinance No. 2021-68, Page 5
time below the first check valve. The unit includes properly located resilient -seated test cocks
and two (2) tightly closing resilient -seated shutoff valves at each end of the assembly.
Static water pressure. The pressure of water when it is not moving. Generally, this is the pressure
available to the irrigation system.
Supervision. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or
her professional responsibility to the client and/or employer in compliance with local and state
requirements. Also performed by a licensed technician who is working under the direction of a
licensed irrigator to perform irrigation services.
TAC. The Texas Administrative Code, as amended.
Temporary Irrigation System. A temporarily installed, above -ground system of pipes and
component parts used to distribute water to the landscaping of a site for the establishment of plant
growth, reduction of dust, and erosion control. Temporary irrigation systems must meet the
requirements in 30 TAC § 344.66 (relating to Temporary Irrigation Systems).
Town. The Town of Prosper, Texas and its duly authorized representatives.
Water Conservation. The design, installation, service, and operation of an irrigation system in a
manner that prevents the waste of water, promotes the most efficient use of water, and applies
the least amount of water that is required to maintain healthy individual plant material or turf,
reduce dust, and control erosion.
Zone Flow. A measurement, in gallons per minute or gallons per hour, of the actual flow of water
through a zone valve, calculated by individually opening each zone valve and obtaining a valid
reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of
all nozzles in the irrigation zone at a specific pressure.
Zone Valve. An automatic valve that controls a single irrigation zone of a landscape irrigation
system.
Sec. 6.06.002 Valid License Required.
Any person who connects an irrigation system to the water supply within the Town shall be
registered with the Town and shall hold a valid irrigation license, as defined by Chapter 30, Title
30 of the Texas Administrative Code and as required by Chapter 1903 of the Texas Occupations
Code, as amended, or a Texas State Plumbing License.
Exception:
A property owner is not required to be licensed in accordance with Texas Occupations Code
§ 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or
occupied by said person as the person's home. A home or property owner who installs an
irrigation system shall meet the standards contained in Title 30, Texas Administrative Code,
Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain
or moisture shut-off devices or other technology, and backflow and isolation valves. The Town
may, at any point, adopt more stringent requirements for a home or property owner who installs
an irrigation system (see Texas Occupation Code § 1903.002 for other exemptions to the
licensing requirement).
Ordinance No. 2021-68, Page 6
Sec. 6.06.003 Permit Required.
It shall be unlawful for any person to install or cause to be installed, or to allow any person to
install an irrigation system, or to make any alterations, additions or changes to an irrigation
system, without first having procured a permit to do so from the Building' Official. Any plan
approved for a permit shall be in compliance with the requirements of this Chapter.
Exemptions:
1. An irrigation system that is an on -site sewage disposal system, as defined by Section
366.002 of the Texas Health and Safety Code;
2. An irrigation system used on or by an agricultural operation as defined by Section 251.002
of the Texas Agriculture Code; or
3. An irrigation system connected to a groundwater well used by the property owner for
domestic use.
Sec. 6.06.004 Backflow Prevention Methods and Assemblies.
(a) Any irrigation system that is connected to the potable water supply shall be connected
through a backflow prevention method approved by the Commission. The backflow prevention
assembly shall be approved by the American Society of Sanitary Engineers; the Foundation for
Cross -Connection Control and Hydraulic Research, University of Southern California; or any other
laboratory that has equivalent capabilities for both laboratory and field evaluation of backflow
prevention assemblies. The backflow prevention assembly shall be installed in accordance with
the laboratory approval standards or, if the approval does not include specific installation
information, the manufacturer's current published recommendations. The type of assembly used
is based on the hazard (health hazard or non -health hazard) and hydraulic conditions. Examples
of such include, but are not limited to, reduced pressure backflow assemblies, double check valve
assemblies, pressure vacuum breakers, and air -gap separation.
(b) If conditions that present a health hazard exist, one (1) of the following methods shall be
used to prevent backflow:
(1) An air -gap separation may be used if:
(A) there is an unobstructed physical separation; and,
(B) the distance from the lowest point of the water supply outlet to the flood rim
of the fixture or assembly into which the outlet discharges is at least one (1) inch or twice the
diameter of the water supply outlet, whichever is greater.
(2) Reduced pressure backflow prevention assemblies may be used if:
(A) the assembly is installed with the termination point a minimum of twelve
inches (12") above finished grade in a location that will ensure that the assembly will not become
submerged; and
(B) drainage is provided for any water that may be discharged through the
assembly relief valve.
Ordinance No. 2021-68, Page 7
(3) Spill -Resistant vacuum breaker backflow prevention assemblies may be used if:
(A) No back -pressure condition will occur; and
(B) The assembly is installed at a minimum of twelve inches (12") above any
downstream piping and the highest downstream opening. Pop-up sprinklers are measured in
the retracted position from the top of the sprinkler.
(4) Pressure vacuum breaker backflow prevention assemblies may be used if:
(A) No back -pressure condition will occur; and
(B) The assembly is installed at a minimum of twelve inches (12") above any
downstream piping and the highest downstream opening. Pop-up sprinklers are measured in
the retracted position from the top of the sprinkler.
(c) At a minimum, all backflow prevention assemblies shall be tested by a licensed backflow
prevention assembly tester upon installation, repair, replacement, or relocation. Backflow
prevention assemblies used in applications designated as health hazards shall be tested upon
installation and annually thereafter.
(d) If there are no conditions that present a health hazard, double check valve backflow
prevention assemblies may be used to prevent backflow if the device is tested upon installation,
and test cocks are used for testing only.
(e) If a double check valve is installed below ground:
(1) test cocks shall be plugged, except when the double check valve is being tested;
(2) test cock plugs shall be threaded, water -tight, and made of non-ferrous material;
(3) there shall be a clearance between any fill material and the bottom of the double
check valve to allow space for testing and repair; and
(4) there shall be a clearance all the way around the assembly to allow space for
testing and repair.
(f) If an irrigation system is connected to a potable water supply and requires major
maintenance, alteration, repair, or service, the system shall be connected to the potable water
supply through an approved, properly installed backflow prevention method as defined in 30 TAC
§ 344.50 before any major maintenance, alteration, repair, or service is performed.
(g) The irrigator shall ensure the backflow prevention assembly is tested prior to being placed
into service and the test results shall be provided to the local water purveyor and the irrigation
system's owner or owner's representative within ten (10) business days of the testing of the
backflow prevention assembly.
(h) The Town is not responsible for any pressure loss created by the installation of a backflow
assembly device.
Ordinance No. 2021-68, Page 8
Sec. 6.06.005 Specific Conditions and Cross -Connection Control.
(i) Before any chemical is added to an irrigation system connected to the potable water
supply, the irrigation system shall be connected through a reduced pressure backflow prevention
assembly or air -gap separation.
0) Connection of any auxiliary water supply to an irrigation system that is connected to the
potable water supply can only be done if the irrigation system is connected to the potable water
supply through a reduced pressure backflow prevention assembly or an air -gap separation.
(k) Irrigation system components with chemical additives induced by aspiration, injection, or
emission system connected to any potable water supply shall be connected through a reduced
pressure backflow assembly.
(1) If an irrigation system is designed or installed on a property that is served by an on -site
sewage facility, as defined in Chapter 285 of Title 30, Texas Administrative Code, then:
(1) all irrigation piping and valves shall meet the separation distances from the on -site
sewage facility system as required for a private water line in Texas Administrative Code, Title 30,
Section 285.91(10);
(2) any water from the irrigation system that is applied to the surface of the area
utilized by the on -site sewage facility system shall be controlled on a separate irrigation zone or
zones so as to allow complete control of any irrigation to that area so that there will not be excess
water that would prevent the on -site sewage facility system from operating effectively.
(m) Quick couplers or hose connections of any type installed within the irrigation system shall
require the proper installation of a reduced pressure backflow-prevention assembly. The assembly
shall be tested upon installation and annually thereafter.
Sec. 6.06.006 Water Conservation.
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and
operated in a manner that will promote water conservation as defined in this Ordinance.
Sec. 6.06.007 Irrigation Plan Design: Minimum Requirements.
(a) Various components attribute to the creation of an irrigation plan. The determination of
various elements of a landscape irrigation system shall include, but not be limited to:
(1) collecting site -specific information;
(2) defining the scope of the project;
(3) defining plant watering needs;
(4) selecting and laying out emission devices;
(5) locating system components;
Ordinance No. 2021-68, Page 9
(6) conducting hydraulics calculations;
(7) identifying local regulatory requirements; and
(8) scheduling irrigation work at a site.
(b) An irrigator shall prepare an irrigation plan for each site where a new irrigation system will
be installed. The Town approved plans shall be on the job site at all times during the installation
of the irrigation system. A drawing showing the actual installation of the system is due to each
irrigation system owner after all new irrigation system installations. During the installation of the
irrigation system, variances from the original plan may be authorized by the licensed irrigator if
the variance from the plan does not:
(1) diminish the operational integrity of the irrigation system;
(2) violate any requirements of this Ordinance; and
(3) go unnoted in red on the irrigation plan.
(c) The irrigation plan shall include complete coverage of the area(s) to be irrigated. If a
system does not provide complete coverage of the area(s) to be irrigated, it shall be noted on the
irrigation plan.
(d) All irrigation plans used for construction shall be drawn to scale. The plan shall include, at
a minimum, the following information:
(1) the irrigator's seal, signature, and date of signing;
(2) all major physical features and the boundaries of the area(s) to be watered;
(3) a North arrow;
(4) a legend;
(5) the zone flow measurement for each irrigation zone;
(6) Location and type of each:
(A) controller;
(B) sensor (for example, but not limited to, rain, moisture, wind, flow, orfreeze);
(7) location, type, and size of each:
connection);
(A) water source (such as, but not limited to, a water meter and point(s) of
Ordinance No. 2021-68, Page 10
(B) backflow prevention assembly;
(C) water emission device (including, but not limited to, spray heads, rotary
sprinkler heads, quick -couplers, bubblers, drip, or micro -sprays);
(D) valve (including, but not limited to, zone valves, master valves, and
isolation valves);
(E) pressure regulation component; and
(F) mainline and lateral piping.
(8) the scale used; and
(9) the design pressure.
Sec. 6.06.008 Design and Installation: Minimum Requirements.
(a) Manufacturer Limitations. No irrigation design or installation shall require the use of any
component, including the water meter, in a way, which exceeds the manufacturer's published
performance limitations for the component.
(b) Spacing-
(1) The maximum spacing between emission devices shall not exceed the
manufacturer's published radius or spacing of the devices. The radius or spacing is determined
by referring to the manufacturer's published specifications for a specific emission device at a
specific operating pressure.
(2) New irrigation systems shall not utilize above -ground spray emission devices in
landscapes that are less than forty-eight inches (48"), not including the impervious surfaces, in
either length or width, and which contain impervious pedestrian or vehicular traffic surfaces along
two (2) or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation
system, the sprinkler heads shall direct flow away from any adjacent surface and shall not be
installed closer than four inches (4") from a hardscape, such as, but not limited to, a building
foundation, fence, concrete, asphalt, pavers, or stones set with mortar.
(3) Narrow paved walkways, jogging paths, golf cart paths, or other small areas
located in cemeteries, parks, golf courses, or other public areas may be exempt from this
requirement if the runoff drains into a landscaped area.
(c) Water Pressure. Emission devices must be installed to operate at the optimum or
recommended sprinkler head pressure as published by the manufacturer for the nozzle and head
spacing that is used. If an optimum or recommended pressure is not published, then the emission
devices must be installed to operate at not below the minimum and not above the maximum
sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that
is used. Methods to achieve the water pressure requirements include but are not limited to flow
control valves, a pressure regulator, or pressure compensating spray heads.
Ordinance No. 2021-68, Page 11
(d) Piping. Piping in irrigation systems shall be designed and installed so that the flowof water
in the pipe will not exceed a velocity of five feet (5) per second for polyvinyl chloride (PVC) pipe.
(e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material
type, microclimate factors, topographic features, soil conditions, and hydrological requirements.
Irrigation zones with trees and or shrubs shall utilize bubblers.
(f) Matched Precipitation Rate. Zones shall be designed and installed so that all of the
emission devices in that zone irrigate at the same precipitation rate.
(g) Impervious Surfaces. Irrigation systems shall not spray water over surfaces made of
concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as,
but not limited to, walls, fences, sidewalks, streets, etc.
(h) Master Valve. When provided, a master valve shall be installed on the discharge side of
the backflow prevention assembly of all new installations.
(i) PVC Pipe Primer Solvent. All new irrigation systems that are installed using PVC pipe
and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance
with the most currently adopted International Plumbing Code.
Q) Auxiliary Water Supply Piping. Any irrigation system using an auxiliary water supply shall
utilize purple components for the system.
(k) Rain, Freeze and Wind Detectors or other Technology. All new automatically controlled
irrigation systems shall include sensors or other technology designed to inhibit or interrupt
operation of the irrigation system during periods of moisture, rain, freeze, and wind. Rain, freeze,
and wind detectors or other technology shall be installed according to the manufacturer's
published recommendations. Repairs to existing automatic irrigation systems that require
replacement of an existing controller shall include a sensor or other technology designed to inhibit
or interrupt operation of the irrigation system during periods of moisture, rain, freeze, and wind.
(1) Isolation Valve. All new irrigation systems shall include an isolation valve between the
water meter and the backflow prevention assembly.
(m) Depth Coverage of Piping. Piping in all irrigation systems shall be installed according to
the manufacturer's published specifications for depth coverage of piping.
(1) If the manufacturer has not published specifications for depth coverage of piping,
the piping must be installed to provide minimum depth of six inches (6") between the top of the
topmost pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to
meet this standard must be noted on the irrigation plan/as-built drawing. If the area being irrigated
has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding
must be noted on the irrigation plan/as-built drawing and discussed with the irrigation system
owner or owner's representative to address any safety issues.
(2) If a utility, man-made structure or roots create an unavoidable obstacle, which
makes the six inch (6") depth coverage requirement impractical, the piping shall be installed to
provide a minimum of two inches (2") between the top of the topmost pipe and the natural grade
of the topsoil.
Ordinance No. 2021-68, Page 12
(3) All trenches and holes created during installation of an irrigation system shall be
backfilled and compacted to the original grade.
(n) Wiring Irrigation Systems.
(1) Underground electrical wiring used to connect an automatic controller to any
electrical component of the irrigation system shall be listed by Underwriters Laboratories (UL
listed) as acceptable for burial underground.
(2) Electrical wiring that connects any electrical components of an irrigation system
shall be sized according to the manufacturer's recommendation.
(3) Electrical wire splices, which may be exposed to moisture, shall be waterproof as
certified by the wire splice manufacturer.
(4) Underground electrical wiring that connects an automatic controller to any
electrical component of the irrigation system shall be buried a minimum of six inches (6").
(o) Connections. Water contained within the piping of an irrigation system is deemed to be
non -potable. No drinking or domestic water usage, such as, but not limited to, filling swimming
pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an
outdoor water faucet that has hose threads on the spout) is connected to an irrigation system
for the purpose of providing supplemental water to an area, the hose bib must be installed using
a quick coupler key on a quick coupler installed in a valve box with a color -coded purple lid or
cover, and the hose bib and any hoses connected to the bib must be labeled "non -potable, not
safe for drinking." An isolation valve shall be installed upstream of a quick coupler connecting
a hose bib to an irrigation system.
(p) On -Site Supervision. A licensed irrigator or a licensed irrigation technician shall be on -
site at all times while the irrigation system is being installed. When an irrigator is not on -site, the
irrigator shall be responsible for ensuring that a licensed irrigation technician is on -site to
supervise the installation of the irrigation system.
Sec. 6.06.009 Completion of Irrigation System Installation.
When the landscape irrigation system has been installed, all minimum standards have been met,
all tests have been performed, and the irrigator is satisfied that the system is operating correctly,
the irrigator or irrigation technician who provided supervision for the on -site installation shall be
required to complete the following four (4) items:
(1) Final "Walk Through." A complete explanation of the operation of the irrigation
system with the irrigation system's owner or the owner's representative;
(2) Maintenance Checklist. The Maintenance Checklist is a document which shall be
made available to the irrigation system's owner or owner's representative that contains
information regarding the operation and maintenance of the irrigation system. Said document
shall include, but not limited to:
(A) directions for checking and repairing the irrigation system;
(B) directions for setting the automatic controller;
Ordinance No. 2021-68, Page 13
automatic;
purveyor;
(C) directions for checking the rain or moisture sensor;
(D) directions for cleaning filters;
(E) directions for pruning grass and plants away from irrigation emitters;
(F) directions for using and operating the irrigation system;
(G) the manufacturer's manual for the automatic controller, if the system is
(H) the precipitation rates of each irrigation zone within the system;
(1) any water conservation measures currently in effect from the water
(J) the name of the water purveyor;
(K) a suggested seasonal or monthly watering schedule based on either
current/real time evapotranspiration or monthly historical reference evapotranspiration (historical
ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors;
(L) the minimum water requirements for the plant material in each irrigation
zone based on the soil type and plant material where the system is installed;
(M) a list of components, such as the nozzle, or pump filters, and other such
components; that require maintenance and the recommended frequency for the service; and
(N) the statement, "This irrigation system has been installed in accordance with
all applicable state regulations as well as applicable local laws, ordinances, rules, regulations or
orders. I have tested the system and determined that it has been installed according to the
Irrigation Plan/As-Built Drawing and is properly adjusted for the most efficient application of water
at this time."
The irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or
owner's representative and shall sign, date, and seal the Maintenance Checklist. If the irrigation
system's owner or owner's representative is unwilling or unable to sign the Maintenance
Checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner
or owner's representative's signature line. The irrigation system owner or owner's representative
shall be given the original Maintenance Checklist and a duplicate copy of the Maintenance
Checklist shall be maintained by the irrigator.
(3) Irrigation Sticker. A permanent sticker shall be affixed to each automatic controller
installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall
be affixed to the original Maintenance Checklist. The information contained on the sticker shall
be printed with waterproof ink and include:
(A) The irrigator's name;
(B) Irrigator's license number;
Ordinance No. 2021-68, Page 14
(C) Company name;
(D) Telephone number; and
(E) The dates of the warranty period.
(4) As -Built Drawing. The final irrigation plan or as -built drawing indicating the actual
installation of the system shall be provided to the irrigation system's owner or owner
representative.
Sec. 6.06.010 Maintenance, Alteration, Repair, or Service of Irrigation Systems.
Any activity that involves opening the irrigation mainline to the atmosphere at any point prior to
the discharge side of any irrigation zone control valve is considered maintenance, alteration,
repair, or service of the irrigation system. This includes, but is not limited to, repairing or
connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control
valve in a manner that opens the system to the atmosphere.
(1) The licensed irrigator is responsible for all work that the irrigator performed during
the maintenance, alteration, repair, or service of an irrigation system during the warranty period.
The irrigator or business owner is not responsible for the professional negligence of any other
irrigator who subsequently conducts any irrigation service on the same irrigation system.
(2) All trenches and holes created during the maintenance, alteration, repair, or
service of an irrigation system shall be returned to the original grade.
(3) Colored PVC pipe primer solvent shall be used on all pipes and fittings used in the
maintenance, alteration, repair, or service of an irrigation system in accordance with the most
currently adopted International Plumbing Code.
(4) When maintenance, alteration, repair, or service of an irrigation system involves
excavation work at the water meter or backflow prevention assembly, an isolation valve shall be
installed, if an isolation valve is not present.
Sec. 6.06.011 Reclaimed Water.
Reclaimed water may be utilized in landscape irrigation systems if:
(1) there is no direct contact with edible crops, unless the crop is pasteurized before
consumption;
(2) the irrigation system does not spray water across property lines that do not belong
to the irrigation system's owner;
(3) the irrigation system is installed using purple components;
(4) the domestic potable water line is connected using an air -gap separation or a
reduced pressure backflow prevention assembly, in accordance with 30 TAC § 290.47(f) (relating
to Appendices);
Ordinance No. 2021-68, Page 15
(5) a minimum of an eight (8) inch by eight (8) inch sign, in English and Spanish, is
prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER — DO
NOT DRINK" and "AGUA DE RECUPERACION — NO BEBER"; and
(6) backflow prevention on the reclaimed water supply line shall be in accordance with
the regulations of the Town water provider.
Sec. 6.06.011 Water Wells and Bodies of Water.
Water wells and bodies of water may be utilized in landscape irrigation systems if:
(1) the irrigation system has a physical air -gap separation between the irrigation
system and the domestic water;
(2) premises isolation is provided by a Reduced Pressure Backflow Assembly at or
near the point where the potable water enters the premises;
(3) the irrigation system is installed using purple components;
(4) if utilizing a water well, an approved water well permit has been applied for, issued,
and all of the required inspections have been performed; and
(5) backflow prevention on the water supply line shall be in accordance with the Town
water provider regulations.
Sec. 6.06.012 Temporary Irrigation Systems.
(a) Temporary irrigation systems shall be installed by a licensed irrigator or an irrigation
technician under the supervision of a licensed irrigator.
(b) Temporary irrigation systems shall meet the backflow prevention requirements in 30
TAC Ch. 344, Subchapter E (relating to Backflow Prevention and Cross -Connections).
(c) Temporary irrigation systems shall be installed in accordance with 30 TAC § 344.66
(d) Temporary irrigation systems shall establish, in writing at time of permit submittal, a
definite end date at which time the temporary irrigation system shall be removed.
Sec. 6.06.013 Items not covered by this Ordinance.
Any item not covered by this Ordinance and required by law shall be governed by the Texas
Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any
other applicable state statute or TCEQ rule.
Sec.6.06.014 Fees.
Prior to the issuance of a permit, the applicant shall pay a permit fee in accordance with the Town
of Prosper Building Inspections Fee Schedule as adopted by the Town Council, as it exists or
may be amended.
Ordinance No. 2021-68, Page 16
Sec.6.06.015 Enforcement.
(a) The Town shall have the power to administer and enforce the provisions of this Chapter
as may be required by governing law. Any person, firm, corporation, or agent who shall violate a
provision of this Code, or fails to comply therewith, or with any of the requirements thereof, is
subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) Any person, firm, or corporation or business entity found to be violating any terms or
provisions of this Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00), and each and
every day that such violation continues shall be considered a separate offense; provided,
however, that such penal provision shall not preclude a suit to enjoin such violation. The Town
retains the legal rights and remedies available to it pursuant to local, state and federal law.
(c) Nothing in this Chapter shall be construed as a waiver of the right for the Town to bring a
civil action to enforce the provisions of this Chapter and to seek remedies as allowed by law,
including, but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates the Ordinance or to require
specific conduct that is necessary for compliance with the Ordinance; and
(2) Other available relief."
SECTION 3
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. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
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 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
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This ordinance shall become effective on January 1st, 2022, after its adoption and
publication as required by law.
Ordinance No. 2021-68, Page 17
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER", 021.
ATTEST: Ray Smith, Mayo
C
Lip I P t.L0
Michelle Lewis Sirianni,Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. elch, Town Attorney
Ordinance No. 2021-68, Pape 18
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1914
OF THE
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER, 021.
t
Ray Smith, Mayo
ATTEST:
Michelle Lewis Sirianni,Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2021-68, Page 18