Outdoor Potable Water Usage Bylaw No. 2179, 2018 (consolidated, incl. 2428 of 2024) — full text, Whistler, British Columbia

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RESORT MUNICIPALITY OF WHISTLER CONSOLIDATED "OUTDOOR POTABLE WATER USAGE BYLAW NO. 2179, 2018" This document has been produced for convenience of reference and is a consolidation of the following Bylaws: Bylaw No. Bylaw Name Date Adopted 2179 Outdoor Potable Water Usage Bylaw No. 2179, 2018 April 24, 2018 2428 Outdoor Potable Water Usage Amendment Bylaw (Irrigation Definitions, Stages and Schedules) No. 2428, 2024 April 9, 2024 Individual copies of any of the above bylaws are available from the Resort Municipality of Whistler. This copy of "Outdoor Potable Water Usage Bylaw No. 2179, 2018" has been consolidated and printed by the authority of the Corporate Officer of the Resort Municipality of Whistler pursuant to Section 139 of the Community Charter and "Bylaw Consolidation and Revision Bylaw No. 1957, 2010". Dated this_____ day of ______, 2024 Deputy Corporate Officer, C. Hodgson April 30th RESORT MUNICIPALITY OF WHISTLER OUTDOOR POTABLE WATER USAGE BYLAW NO. 2179, 2018 A BYLAW TO REGULATE THE USE OF OUTDOOR POTABLE WATER WHEREAS Council wishes to conserve potable water and therefore regulate the use of potable water outdoors within the Resort of Municipality of Whistler in an effort to manage potable water demand, improve the efficiency of use and reduce consumption; NOW THEREFORE the Council of the Resort Municipality of Whistler, in open meeting assembled, ENACTS AS FOLLOWS: SECTION 1.0: TITLE 1.1. This Bylaw may be cited for all purposes as "Outdoor Potable Water Usage Bylaw No. 2179, 2018". SECTION 2.0: GENERAL DEFINITIONS AND INTERPRETATION 2.1. In this Bylaw, the following terms shall have the following meanings: "Automatic" means the irrigation system has a programmable controller attached to it such that a specific amount of water is distributed at a set time; "By Hand" means to apply water by hand with a spray nozzle attached to a flexible hose with an outside diameter of no more than 25 mm, the spray nozzle must be equipped with a with a spring- loaded shut off valve; "Drip Irrigation" means an automatic in-ground irrigation method that uses lower pressure and flow than traditional in-ground automatic systems (also known as "Micro Irrigation"); "Fire Danger Rating" is a Provincial indicator of the risk of a wildfire starting; "General Manager" means the Resort Municipality's General Manager of Infrastructure Services; "In-Ground Irrigation" means a buried-pipe irrigation system that distributes water through sprinkler heads; "Irrigation" means the application or distribution of water to landscaping; "Landscaping" means any activity that modifies the visible features of an area of land with plants. It includes hanging baskets, flower beds, lawns, fairways, fields or any other area consisting primarily of sod or turf, shrubs, trees, and vegetable/edible gardens; "Lawn" means an area of short, mown grass or similar ground cover in a yard, garden, or park; "Low Head Drainage" means water draining out of an irrigation system after the system is turned off, that results from the installation of an irrigation system on a slope; "Manual" means to apply water by hand or with a simple sprinkler (rotary, oscillating, impulse, or similar) attached to a flexible hose with an outside diameter of no more than 25 mm; "Municipal" or "Municipality" means the Resort Municipality of Whistler (RMOW); Added by Bylaw No. 2428, 2024. Amended by Bylaw No. 2428, 2024. "Overspray" means water that lands beyond the planted or target area; "Parcel" means parcel of land within the Municipality; "Person" includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law; "Sensor Driven Automated Irrigation Systems" means programmable automatic in-ground irrigation systems that incorporate best landscaping practices and environmental data in order to determine optimal water use; "Waste" means to purposelessly use water, such as but not limited to leaving a flowing hose unattended, leaving a broken irrigation head unattended, or oversaturation of a landscape; and "Water" means potable water supplied by the Resort Municipality of Whistler. SECTION 3.0: GENERAL 3.1. Attached to and hereby forming part of this Bylaw are the following schedules: i. Schedule "A": Outdoor Potable Water Conservation Stages (2024); ii. Schedule "B": Outdoor Potable Water Conservation Neighbourhood Irrigation Schedule (2024). 3.2. No person shall waste or allow to be wasted, water supplied by the Municipality. 3.3. No person shall use or cause or allow to be used water contrary to the Outdoor Water Conservation Stages (2024) or the Outdoor Potable Water Conservation Neighborhood Irrigation Schedule (2024) as set out in Schedule "A" and Schedule "B". 3.4. Overspray resulting from the effect of wind or an act of vandalism shall not be considered an offense. SECTION 4.0: ENFORCEMENT 4.1. Municipal Infrastructure Services staff are authorized to enter on any parcel at all reasonable times to ascertain whether the regulations and directions of this Bylaw are being observed. 4.2. The Municipal Bylaw Officer staff are authorized to enter on any parcel at all reasonable times to ascertain whether the regulations and directions of this Bylaw are being observed. 4.3. Every person who violates or fails to comply with a provision of this Bylaw, or an order, direction or notice given under this Bylaw, commits an offence and is liable on summary conviction to a fine per the "Bylaw Notice Enforcement Bylaw No. 2174". 4.4. Each day during which an offence under this Bylaw continues is a new and separate offence. SECTION 5.0: DELEGATION OF AUTHORITY 5.1. The General Manager and those designated to act on behalf of the General Manager, are hereby authorized to determine the applicable Water Conservation Stage, provide notice of Schedule "A": Outdoor Water Conservation Stages, or extend exemption durations. SECTION 6.0: NOTICE OF WATER CONSERVATION STAGE 6.1. The General Manager may issue a notice conserving the use of water as set out in Schedule "A", Outdoor Water Conservation Stages, attached hereto and forming part of this Bylaw. Amended by Bylaw No. 2428, 2024. Amended by Bylaw No. 2428, 2024. 6.2. As Per 6.1, notice shall be considered sufficiently given if published or circulated within the Municipality via standard methods of communication which may include one or all of the following communication methods: the Municipal website, printed media, social media, and local radio broadcasting. 6.3. Except in emergency circumstances, the Municipality shall provide notice of an impending Stage increase at least one (1) week prior to enforcement commencing. SECTION 7.0: TEMPORARY IRRIGATION PERMITS - FOR NEW LANDSCAPING 7.1. A person who has installed new (never been installed or a repair of more than 50 per cent of existing landscaping may) apply to the Municipality for an irrigation permit that will allow the landscaping to be irrigated outside of permitted timelines outlined in Schedule "A". Permits indicating the use of sensor driven automated irrigation systems will be prioritized. 7.2. A permit shall be conspicuously displayed at the premises for which it is issued. 7.3. After expiration of a permit, the permit may be extended by the General Manager. 7.4. Permits will be issued at the discretion of the General Manager during Water Conservation Stage 2. 7.5. Permits will not be issued or be valid during Water Conservation Stages 3 or 4. SECTION 8.0: EXEMPTIONS FROM WATER CONSERVATION STAGES 8.1. The following are exempt from the Schedule "A": Outdoor Water Conservation Stages 1 and 2. i. Edible/ vegetable gardens; ii. A person that uses water to facilitate normal business activities related to health and safety such as but not limited to: a) Cleaning, including cleaning of motorized and non-motorized equipment; and b) Dust control. iii. A person that uses water to facilitate normal business activities such as but not limited to car washing and detailing, power washing, window washing; iv. Fire hydrant testing; v. Irrigation of the following public facilities if failure to do so will result in permanent loss of turf: a) Meadow Park Sports Fields; b) Myrtle Philip School Sports Field; c) Whistler High School Sports Field; d) Spring Creek School Sports Field; and e) Whistler Olympic Plaza Lawn. vi. Nurseries; and vii. Sampling at and flushing of water mains as required. 8.2. For Schedule "A": Outdoor Water Conservation Stage 3, the following activities can be exempted at the discretion of the General Manager: i. Irrigation of Edible/ vegetable gardens; ii. Water use to facilitate normal business activities related to health and safety such as but not limited to: a) Cleaning, including of motorized and non-motorized equipment; b) Dust control. iii. Water use to facilitate normal business activities such as but not limited to car washing and detailing, power washing and window washing; iv. Irrigation of the following public facilities if failure to do so is expected to result in permanent loss of turf: Amended by Bylaw No. 2428, 2024. Amended by Bylaw No. 2428, 2024. a) Meadow Park Sports Fields; b) Myrtle Phillip School Sports Field; c) Whistler High School Sports Field; d) Spring Creek School Sports Field; and e) Whistler Olympic Plaza Lawn. v. Irrigation of nurseries. 8.3. The following activities are exempt from the Schedule "A": Outdoor Water Conservation Stage 3: i. Fire hydrant testing; ii. Sampling at and flushing of water mains as required. SECTION 10.0: SEVERABILITY 10.1. If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of the bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. SECTION 11.0: REPEAL 11.1. The Resort Municipality of Whistler "Water Use Regulation Bylaw No. 1538, 2001'" as amended, is repealed. Given FIRST, SECOND and THIRD READINGS this 10th day of April, 2018. ADOPTED by Council on this 24th day of April, 2018. Nancy Wilhelm-Morden, Brooke Browning, Mayor Municipal Clerk I HEREBY CERTIFY that this is a true copy of the "Outdoor Water Usage Bylaw No. 2179, 2018". __________________________________ Brooke Browning, Municipal Clerk Amended by Bylaw No. 2428, 2024. SCHEDULE A - OUTDOOR POTABLE WATER CONSERVATION STAGES (2024) CATEGORIES STAGE 1 November 1 through April 30 STAGE 2 May 1 through October 31 STAGE 3 As Determined by the General Manager of Infrastructure Services Allowable times: Allowable times: Allowable times: Operating Drinking Water Fountains Any Day Any Time Only With Automatic Shut Off Valves Any Day Any Time Only With Automatic Shut Off Valves Any Day Any Time Only With Automatic Shut Off Valves Watering Edible/vegetable gardens Any irrigation method Any Day Any Time Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM NOT PERMITTED* Watering Lawns By Hand/Manual Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM As per Neighbourhood Schedule B Between 7 AM - 10 AM and 8 PM - 11 PM NOT PERMITTED Watering Trees, Shrubs and Flower Beds By Hand/Manual Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM NOT PERMITTED Watering Lawns, Trees, Shrubs, Flower Beds, Edible/vegetable gardens Automatic In-Ground Irrigation As per Neighbourhood Schedule B Between 10 PM - 4 AM As per Neighbourhood Schedule B Between 10 PM - 4 AM NOT PERMITTED Watering Trees, Shrubs and Flower Beds Automatic Drip Irrigation Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM Any Day Only Between 7 AM - 10 AM and 8 PM - 11 PM NOT PERMITTED Watering New Landscaping and Repairs Any Method Any Day Any Time As per Neighbourhood Schedule B Between 10 PM - 4 AM or per Temporary Irrigation Permit NOT PERMITTED Watering Decorative Hanging Baskets/Containers Handl/Automatic Drip Irrigation Any Day Any Time Any Day Any Time NOT PERMITTED Washing Vehicles, Boats, Motorized Equipment, Non-motorized bikes Any Day Any Time Only With Automatic Shut Off Valves Any Day Any Time Only With Automatic Shut Off Valves NOT PERMITTED* Washing Hardscapes, Sidewalks, Roofs or any Outdoor Surfaces Any Day Any Time Only With Low Volume, High Pressure Devices Any Time but not on weekends and only as necessary for applying paint/similar product or preparing a surface prior to paving NOT PERMITTED* Filling Residential Hot Tubs and Pools Any Day Any Time ONLY to comply with Health and Safety Laws NOT PERMITTED Filling Hotel/Multi-family/Commercial Hot Tubs and Pools Any Day Any Time ONLY to comply with Health and Safety Laws NOT PERMITTED Filling Decorative Fountains and Pools Any Day Any Time Any Time, but not on weekends NOT PERMITTED Operating Public Outdoor Showers and Water Parks Any Day Any Time Only With Automatic Shut Off Valves Any Day Any Time Only With Automatic Shut Off Valves Any Day Any Time Only With Automatic Shut Off Valves. As determined appropriate by the General Manager in regard to Public Health and Safety * May be exempted under Section 8.2 of this bylaw Testing Irrigation Systems for Broken Heads/Hoses Any Day Any Time Any Day Any Time NOT PERMITTED SCHEDULE B - OUTDOOR POTABLE WATER CONSERVATION NEIGHBOURHOOD IRRIGATION SCHEDULE (2024) Properties in the following neighbourhoods are permitted to irrigate lawns, trees, shrubs, flower beds and edible/vegetable gardens by automatic in-ground irrigation between the hours of 10PM and 4 AM on Mondays, Wednesdays and Fridays: - Emerald Estates - Alpine Meadows South - Wedge Park - Nesters, White Gold and Spruce Grove - Whistler Cay Estates and Tapley's - Whistler Village South - Blackcomb Benchlands North - Alta Vista - Whistler Creek North and Nordic - Bayshores and Millar's Pond - Nita Lake Estates - Alta Lake Station - Rainbow Park - Twin Lakes - Cheakamus Crossing Properties in the following neighbourhoods are permitted to irrigate lawns, trees, shrubs, flower beds and edible/vegetable gardens by automatic in-ground irrigation between the hours of 10PM and 4 AM on Tuesdays, Thursdays and Saturdays: - Alpine Meadows North - Rainbow/Baxter Creek - Nicklaus North - Nesters Crossing - Whistler Cay Heights - Village (North) - Blackcomb Benchlands South - Blueberry Hill - Brio & Sunridge Plateau - Whistler Creek South - Whistler Creek and Wayside - Kadenwood - Stonebridge - Spring Creek - Function Junction