Sec. 752.104. - Connection required.

(a) Where reclaimed water service is available, the owner of every lot or parcel of land within Duval County developed for residential, public, commercial office, industrial, warehousing or multifamily use shall connect the premises or cause the premises to be connected with the reclaimed water distribution system. The reclaimed water distribution system is deemed available to the owner, tenant or occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place containing such system; and, where the distance from the reclaimed water distribution system and the property line is less than or equal to the distances set out in Table 1, below. Once connected to the reclaimed water distribution system, the use of potable water for the onsite irrigation system, or for commercial or industrial purposes where potable quality water is unnecessary, is prohibited unless the reclaimed water supply becomes unavailable or is inadequate, or unless otherwise authorized by the St. Johns River Water Management District pursuant to Part II of Chapter 373, Fla. Stat. Table 1. Irrigation Demand Development (gallons per day) Max. Distance from the Development Property Line to the Reclaimed Water Facility (feet) <25,000 150 25,000—50,000 300 50,100—100,000 600 >100,000 1,350   (b) Reclaimed water use shall be a condition of all development orders granted on or after the effective date of this Chapter, provided that service is available as set forth in this Section. (1) Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one inch per week for the irrigable area of the property. The irrigation rate equals 3,900 gallons per day per acre of irrigable area. (2) For new development of regional impact projects, reclaimed water shall be considered available if the reclaimed water facilities are located within a reclaimed water service area as delineated in the reclaimed water service provider's wastewater treatment permit issued by the Florida Department of Environmental Protection, and if adequate capacity exists in the reclaimed water facilities to service the development, as determined by the reclaimed water service provider. (3) For all other proposed development projects, reclaimed water service shall be considered available if the reclaimed water facilities are located at a distance specified in Table 2, below, at the time water and wastewater service becomes available, and if adequate capacity exists in the reclaimed water facilities to service the applicant's property, as determined by the reclaimed water service provider. Table 2 Gallons per day ERC Max. Distance from the Development Property Line to the Reclaimed Water Facility In Feet <25,000 71 250 25,000—50,000 72—142 500 50,001—100,000 143—286 1,000 100,001—175,000 287—500 2,000 >175,000 >500 4,000   (4) The distances in Table 1 and 2 shall be measured along a road right-of-way or an accessible utility easement accommodating public utilities. (5) In new developments where reclaimed water is available, the use of potable water or on-site wells for irrigation is prohibited unless otherwise authorized by the St. Johns River Water Management District pursuant to F.S. Ch. 373, Pt. II. (6) Notwithstanding the above availability requirements, officially designated affordable housing developments approved by the City are exempt from complying with this article; however, such exempt developments are encouraged to use reclaimed water, if available. (7) Existing developments desiring reclaimed water shall be responsible for designing, permitting and constructing the required reclaimed water facilities at their expense, unless the reclaimed water provider otherwise agrees. Reclaimed water service to such developments shall be subject to the existence of adequate capacity in the reclaimed water provider's facilities, as determined by the provider. (Ord. 2006-395-E, § 1)