CHAPTER 15.17
WATER CONSERVATION REGULATIONS

15.17.010 Title and purpose.

This chapter shall be known as and may be cited as the "City of Petaluma Water Conservation Regulations Ordinance." The purpose of this chapter is to promote the efficient use and reuse of water by all city of Petaluma water service customers by requiring that all new construction projects and existing customers use water as efficiently as possible and comply with new development standards, landscape water use efficiency standards and water waste prohibition regulations. (Ord. 2316 NCS §3 (part), 2009.)

15.17.020 Definitions.

A.    Unless a provision in this chapter specifies otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

1.    "Applied water" means the portion of water supplied by the irrigation system to the landscape.

2.    "Authorized representative" or "agent" means any person(s) with written authorization from the property owner to sign documents and bind the property owner to compliance with this chapter.

3.    "Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

4.    "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

5.    "Certificate of completion" means the document required in Section 15.17.050(D).

6.    "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s certified irrigation designer program.

7.    "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s certified landscape irrigation auditor program.

8.    "Check valve" or "anti-drain valve" means a valve located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

9.    "City" means the city of Petaluma. The city council of Petaluma may designate the position(s) or person(s) to whom responsibilities and authority of the city are delegated and may from time to time modify such delegations. Absent any further specific delegation by the city council, the authority and responsibility set forth in this chapter shall be delegated to the director of publics works and utilities, including his or her designee(s).

10.    "Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

11.    "Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

12.    "Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

13.    "Drip irrigation" means any nonspray low-volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

14.    "Dwelling unit" means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied or intended for one household on a long-term basis, or such other definition as may be subsequently adopted by the city as part of its implementing zoning ordinance and/or Smart Code.

15.    "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

16.    "Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth.

17.    "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

18.    "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

19.    "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

20.    "Estimated total water use" (ETWU) means the total water used for the landscape as described in the water efficient landscape worksheet in Section 15.17.050(C)(2).

21.    "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

22.    "ET controller" or "smart controller" means an irrigation system controller or timer that automatically adjusts irrigation run times and run days based on data received from local weather stations. ET stands for evapotranspiration, which is the amount of water that has evaporated from the soil and has transpired through the plant.

23.    "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

24.    "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

25.    "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

26.    "Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

27.    "Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

28.    "Hardscapes" means any durable material (pervious and nonpervious).

29.    "Head-to-head coverage" means coverage resulting from placement of irrigation sprinklers so that the water from one sprinkler throws all the way to adjacent sprinklers.

30.    "Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or nonirrigated.

31.    "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

32.    "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed as described in the Food and Agricultural Code Section 5004. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

33.    "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s landscape irrigation auditor certification program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing program.

34.    "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this chapter is 0.75 for overhead spray devices and 0.81 for drip systems.

35.    "Irrigation season" means the time of year when irrigation first begins at a location and last occurs. The irrigation season in Petaluma is typically March/April through October/November.

36.    "Landscape architect" means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code Section 5615.

37.    "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

38.    "Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

39.    "Landscape documentation package" means the documents required under Section 15.17.050(C).

40.    "Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter.

41.    "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

42.    "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

43.    "Local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this chapter, including but not limited to, approval of a permit and plan check or design review of a project.

44.    "Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

45.    "Low-volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

46.    "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

47.    "Master shut-off valve" is an automatic valve installed at the irrigation supply point, which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

48.    "Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 15.17.050(C)(2). It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

MAWA = (ETo)(0.62)[(ETAF x LA) + ((1 - ETAF) x SLA)]

49.    "Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

50.    "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

51.    "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

52.    "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

53.    "New construction," for the purposes of Section 15.17.050, means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

54.    "Nonresidential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

55.    "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

56.    "Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

57.    "Overspray" means the irrigation water which is delivered beyond the target area.

58.    "Parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

59.    "Permit" means an authorizing document issued by local agencies.

60.    "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

61.    "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

62.    "Precipitation rate" means the amount of water applied by an irrigation emission device measured in inches per hour.

63.    "Project applicant" means the individual or entity submitting a landscape documentation package, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

64.    "Rain sensor" or "rain-sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

65.    "Record drawing" or "as-built" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

66.    "Recreational area" means areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

67.    "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

68.    "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch-tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

69.    "Rehabilitated project" means any project that requires a permit, plan check, or design review, and the modified landscape area is equal to or greater than two thousand five hundred square feet.

70.    "Residential landscape" means landscapes surrounding single- or multifamily homes.

71.    "Reverse osmosis" means a process by which a solvent such as water is purified of solutes by being forced through a semipermeable membrane through which the solvent, but not the solutes, may pass.

72.    "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

73.    "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

74.    "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

75.    "Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, cemeteries, recreational areas, areas irrigated with recycled water, or water features using recycled water.

76.    "Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

77.    "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

78.    "State" means the state of California.

79.    "Station" means an area served by one valve or by a set of valves that operate simultaneously.

80.    "Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

81.    "Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

82.    "Turf" means a groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season grasses.

83.    "Valve" means a device used to control the flow of water in the irrigation system.

84.    "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).

85.    "Watering window" means the time of day irrigation is allowed.

86.    "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources 2014.

(Ord. 2562 NCS §2, 2016.)

15.17.030 Development standards.

The development standards established in this section apply to all new commercial, industrial, institutional, agricultural, single-family and multifamily residential construction, including tenant improvements or a change in use requiring any city entitlement or permit for existing commercial, industrial and institutional accounts. The development standards are intended to ensure that all installed water using fixtures, appliances, irrigation systems, and any other water using devices apply water as efficiently as possible.

A.    Indoor Water Use Development Standards—New Single-Family Residential Construction. Any water using device installed in any new development shall meet the standards of the California Plumbing Code (Part 5, Title 24, California Code of Regulations), and the following.

B.    Standards for New Single-Family Residential Construction.

1.    Water closets must be an approved high efficiency toilet (HET) as designated on the city’s list of qualifying HETs.

2.    Showerheads must not use more than two gallons per minute. Where more than one showerhead exits in a shower unit, each showerhead must be plumbed so that each showerhead can be turned on and off independently from each other.

3.    Any clothes washing machine provided with the residence must have a water factor of six or lower.

4.    Lavatory and/or bar faucets must not exceed 1.5 gallons per minute.

5.    Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute.

6.    All dishwashers must have the EPA’s Energy Star label.

C.    Standards for New Multifamily Residential Dwellings.

1.    Water closets must be an approved high efficiency toilet (HET) as designated on the city’s list of qualifying HETs.

2.    Showerheads must not use more than two gallons per minute. Where more than one showerhead exits in a shower unit, each showerhead must be plumbed so that each showerhead can be turned on and off independently from each other.

3.    Any clothes washing machine installed on the premises must have a water factor of six or lower.

4.    Lavatory and/or bar faucets must not exceed 1.5 gallons per minute.

5.    Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute.

6.    All dishwashers must have the EPA’s Energy Star label.

7.    Each dwelling unit must be separately metered or sub-metered.

D.    Standards for New Commercial, Industrial, or Institutional (CII) Accounts and Tenant Improvements or Change of Use Requiring Any City Entitlement or Permit for Existing CII Accounts.

1.    Water closets and/or urinals must be an approved high efficiency toilet (HET) as designated on the city’s list of qualifying CII HETs.

2.    Showerheads must not use more than two gallons per minute. Where more than one showerhead exits in a shower unit, each showerhead must be plumbed so that each showerhead can be turned on and off independently from each other.

3.    Commercial clothes washing machines shall have a water factor of 4.5 or lower.

4.    Lavatory faucets must be self-closing and not exceed 1.5 gallons per minute. All faucets must be equipped with an aeration device.

5.    Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute. All faucets must be equipped with an aeration device.

6.    Dishwashers must have the EPA’s Energy Star and/or Water Sense designation and must recycle the final rinse into the next wash cycle.

7.    Pre-rinse hand-held dish-rinsing wands must not exceed 1.6 gpm and must utilize positive shut-off valves.

8.    Cooling towers (see Section 15.48.070 of this code, Sewer Use and Source Control Regulations).

9.    Ice makers must be air-cooled.

10.    Any other water-using apparatus not mentioned above must use or reuse water as efficiently as possible and must be approved by the city prior to installation.

(Ord. 2316 NCS §3 (part), 2009.)

15.17.040 Standards for new or renovated vehicle wash facilities.

A.    Vehicle wash facilities using conveyorized, touchless, and/or rollover in-bay technology shall reuse a minimum of fifty percent of water from previous vehicle rinses in subsequent washes.

B.    Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral content shall incorporate the unused concentrate in subsequent vehicle washes.

C.    Self-service spray wands shall emit no more than three gallons of water per minute.

(Ord. 2316 NCS §3 (part), 2009.)

15.17.050 Landscape water use efficiency standards.

A.    Applicability. This chapter shall apply to all of the following projects:

1.    New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building permit, plan check or design review.

2.    Rehabilitated projects with an aggregate landscape area equal to or greater than two thousand five hundred square feet within one twelve-month period requiring a building permit, plan check, or design review.

3.    Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall be designated as special landscape areas.

4.    Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures of this section.

a.    Prescriptive requirements may be used as a compliance option to the landscape water use efficiency standards.

b.    Compliance with subsections (A)(4)(c) through (h) of this section is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option.

c.    Submit a landscape documentation package (the director of public works and utilities will develop appropriate forms to carry out this section) which includes the following elements:

(1)    Date.

(2)    Project applicant.

(3)    Project address (if available, parcel and/or lot number(s)).

(4)    Total landscape area (square feet), including a breakdown of turf and plant material.

(5)    Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

(6)    Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

(7)    Contact information for the project applicant and property owner.

(8)    Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the Landscape Water Use Efficiency Standards."

d.    Plant material shall comply with all of the following:

(1)    For residential areas, install climate-adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for eighty percent of the plant area excluding edibles and areas using recycled water; for nonresidential areas, install climate-adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for one hundred percent of the plant area excluding edibles and areas using recycled water.

(2)    A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

e.    Turf shall comply with all of the following:

(1)    Turf shall not exceed twenty percent of the landscape area in residential areas, and there shall be no turf in nonresidential areas.

(2)    Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length.

(3)    Turf is prohibited in parkways less than ten feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology which creates no overspray or runoff.

f.    Irrigation systems shall comply with the following:

(1)    Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

(2)    Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

(3)    Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range.

(4)    Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(5)    All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(6)    Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

g.    All nonresidential landscape projects shall install a private submeter(s) to measure landscape water use.

h.    At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.

5.    Properties Excluded from Applicability. This chapter does not apply to registered local, state or federal historical sites; properties irrigated with recycled water; ecological restoration projects that do not require a permanent irrigation system; mined-land reclamation projects that do not require a permanent irrigation system; or existing plant collections, as part of botanical gardens and arboretums open to the public. Owners of these excluded properties are encouraged to implement efficient water use practices.

B.    Standards Applicable to All Projects.

1.    For residential projects, the percentage of the residential landscape area that can be planted with high water use plants including turf shall not exceed twenty percent.

2.    For nonresidential projects, the use of high water use plants including turf is limited to special landscape areas.

3.    All multifamily residential and nonresidential projects must install a dedicated irrigation meter(s).

4.    The maximum amount of water that can be applied to a landscape is fifty-five percent of the reference evapotranspiration rate for residential projects and forty-five percent of the evapotranspiration rate for nonresidential projects. This water allowance reduces the landscape area that can be planted with high water use plants including turf.

5.    Irrigation systems are required to have pressure regulators and master shut-off valves.

6.    All irrigation emission devices must meet the national standard stated in this chapter to ensure that only high efficiency sprinklers are installed.

7.    The irrigation efficiency of devices used to irrigate landscapes is one of the factors that goes into determining the maximum amount of water allowed.

8.    Flow sensors that detect and report high flow conditions due to broken pipes and/or popped sprinkler heads are required for landscape areas greater than five thousand square feet.

9.    The minimum width of areas that can be overhead irrigated is ten feet; areas less than ten feet wide must be irrigated with subsurface drip or other technology that produces no over spray or runoff.

10.    Friable soil is required in planting areas.

11.    For landscape installations, four yards of compost per one thousand square feet of area must be incorporated to a depth of six inches into the soil.

12.    All landscape and/or irrigation systems shall be installed so as not to violate the city’s water waste prohibition (Section 15.17.070).

C.    Application Process. Prior to commencing any construction activities related to implementation of the project, the applicant shall submit to the city a landscape documentation package consisting of the following information on forms prepared by the city’s director of public works and utilities as described in further detail below:

1.    Project Application Form. The project application form shall contain the following information:

a.    Project information.

b.    Date.

c.    Project applicant.

d.    Project address (if available, parcel and/or lot number(s)).

e.    Total landscape area (square feet).

f.    Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

g.    Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

h.    Checklist of all documents in landscape document package.

i.    Project contacts to include contact information for the project applicant and property owner.

j.    Applicant signature and date with statement, "I agree to comply with the requirements of the Landscape Water Use Efficiency Standards and submit a complete Landscape Documentation Package."

2.    Water Efficient Landscape Worksheet.

a.    The form shall contain information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. The worksheet shall include calculation methods to demonstrate that the ETAF for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The MAWA is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for nonresidential areas) and expressed as annual gallons required. ETWU is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

(1)    For the purpose of determining ETWU, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

(2)    In calculating the MAWA and ETWU, a project applicant shall use the ETo values from the Reference Evapotranspiration Table below:

Reference Evapotranspiration (ETo) Table for Petaluma, CA

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Annual ETo

1.2

1.5

2.8

3.7

4.6

5.6

4.6

5.7

4.5

2.9

1.4

0.9

39.6

b.    Water budget calculations shall adhere to the following requirements:

(1)    The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

(2)    All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

(3)    All special landscape areas shall be identified and their water use calculated.

(4)    ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0.

(5)    The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

3.    Soil Management Report. The purpose of the report is to facilitate reduction in runoff and encouragement of healthy plant growth, and shall be completed by the project applicant as follows:

a.    Submit soil samples to a laboratory for analysis. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

(1)    The soil analysis shall include soil texture, infiltration rate determined by laboratory test or soil-infiltration rate table, pH, total soluble salts, sodium, percent organic matter, and recommendations.

(2)    In projects with multiple landscape installations (e.g., production home developments), a soil-sampling rate of at least fifteen percent of the lots will satisfy this requirement.

b.    The director of public works and utilities or his/her designee shall determine the timing of the submission of the report based on the following:

(1)    If significant mass grading is not planned, the soil analysis report shall be submitted to the city as part of the landscape documentation package; or

(2)    If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.

c.    The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

d.    The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion.

4.    Landscape Design Plan. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

a.    Plant Material. Plants selected for the landscape shall not cause the ETWU in the landscape area to exceed the MAWA.

(1)    Methods to achieve water efficiency shall include the following: invasive species as listed by the California Invasive Plant Council are prohibited; selection of water-conserving plant, tree and turf species, especially local native plants; selection of plants based on local climate suitability, disease and pest resistance; selection of trees based on shading and size at maturity as appropriate for the planting area; and selection of plants from local and regional landscape program plant lists.

(2)    Plants with similar water needs shall be grouped together in distinct hydrozones and where irrigation is required the distinct hydrozones shall be irrigated with separate valves.

(3)    High water use plants shall not be mixed with very low, low or moderate water use plants in the same hydrozone.

(4)    Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; and consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

(5)    Turf and high water use plants characterized by a plant factor of 0.7 to 1.0 shall not be planted in the following conditions: slopes exceeding ten percent; street medians, traffic islands, planter strips or bulbouts of any size.

(6)    Turf shall not be used in planting areas ten feet wide or less.

(7)    High water use plants including turf shall occupy no more than a combined twenty percent of the total irrigated landscaped area in residential landscape projects. High water use plants including turf are limited to special landscape areas for all nonresidential landscape projects.

(8)    The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

(9)    Landscape design shall be in compliance with Chapter 8.28, Heritage and Landmark Trees.

b.    Water Features.

(1)    Recirculating water systems shall be used for water features.

(2)    Where available, recycled water shall be used as a source for decorative water features.

(3)    Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

(4)    Pool and spa covers are required.

c.    Soil Preparation, Mulch and Amendments. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

(1)    Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

(2)    For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil or per specific amendment recommendations from a soils report. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(3)    A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

d.    In addition, the landscape design plan, at a minimum, shall:

(1)    Delineate and label each hydrozone by number, letter, or other method.

(2)    Identify each hydrozone as very low, low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

(3)    Identify recreational areas.

(4)    Identify areas permanently and solely dedicated to edible plants.

(5)    Identify areas irrigated with recycled water.

(6)    Identify type of mulch and application depth.

(7)    Identify soil amendments, type, and quantity.

(8)    Identify type and surface area of water features.

(9)    Identify hardscapes (pervious and nonpervious).

(10)    Identify new and existing trees, shrubs, groundcovers, turf and any other planting areas.

(11)    Identify plant sizes and quantity.

(12)    Identify plants by botanical name and common name.

(13)    Identify property lines, new and existing building footprints, streets, driveways, sidewalks, and other hardscape features (pervious and nonpervious).

(14)    Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater.

(15)    Identify any applicable rain harvesting or catchment technologies.

(16)    Identify any applicable graywater discharge piping, system components and area(s) of distribution.

(17)    Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan."

(18)    Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

5.    Irrigation Design Plan. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

a.    System.

(1)    For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance.

(2)    Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all multi-family residential landscape, nonresidential landscape and all residential irrigated landscapes of five thousand square feet or greater.

(3)    Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

(4)    Pressure regulating devices shall be installed to ensure the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

(5)    Pressure regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

(6)    Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

(7)    Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

(8)    Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(9)    Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

(10)    Flow sensors that detect high flow conditions created by system damage or malfunction are required for all nonresidential landscapes and residential landscapes of five thousand square feet or larger.

(11)    Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(12)    Isolation valves shall be installed at the point of connection and before each valve or valve manifold.

(13)    The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

(14)    Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(15)    The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(16)    The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the MAWA.

(17)    All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(18)    The project applicant shall inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

(19)    In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(20)    Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

(21)    Head-to-head coverage is required unless otherwise directed by the manufacturer’s recommendations. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity.

(22)    Swing joints or other riser-protection components are required on all risers.

(23)    Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

(24)    Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(25)    Overhead irrigation shall not be permitted within twenty-four inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: The landscape area is adjacent to permeable surfacing and no runoff occurs; or the adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or the irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria. Prevention of overspray and runoff must be confirmed during the irrigation audit.

(26)    Slopes greater than fifteen percent shall be irrigated with point source or other low-volume irrigation technology. Prevention of runoff and erosion must be confirmed during the irrigation audit.

(27)    Point source irrigation is required where plant height at maturity will affect the uniformity of an overhead system.

b.    Hydrozone.

(1)    Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

(2)    Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

(3)    Trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

(4)    Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or the plant factor of the higher water using plant is used for calculations.

(5)    Individual hydrozones that mix high and low water use plants shall not be permitted.

(6)    On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation.

(7)    The landscape design plan shall include a hydrozone table listing each hydrozone and the respective description, plant factor, irrigation method, landscape area in square feet, and percent of total landscape area.

c.    In addition, the irrigation design plan, at a minimum, shall contain:

(1)    Location and size of separate water meters for landscape.

(2)    Location and size of irrigation system point of connection.

(3)    Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, master valves, valves, sprinkler heads and other application devices, moisture-sensing devices, rain sensors, check valves, quick couplers, flow sensors, pressure regulators, and backflow-prevention devices.

(4)    Designate the areas irrigated by each valve, and assign a number to each valve.

(5)    Static water pressure at the point of connection to the public water supply.

(6)    Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.

(7)    Recycled water irrigation systems (if applicable).

(8)    The hydrozone table.

(9)    The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

(10)    The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

6.    Grading Design Plan. A comprehensive grading plan shall be submitted and include:

a.    The grading design plan shall indicate finished configurations and elevations of the landscape area including:

(1)    Height of graded slopes.

(2)    Drainage patterns.

(3)    Pad elevations.

(4)    Finish grade.

(5)    Stormwater retention improvements, if applicable.

b.    The grading design plan shall demonstrate:

(1)    That all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes.

(2)    Avoids disruption of natural drainage patterns and undisturbed soil.

(3)    Avoids soil compaction in landscape areas.

c.    The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

d.    A comprehensive grading plan prepared by a civil engineer for other local agency permits may satisfy this requirement.

D.    Certificate of Completion. Prior to the final city permit being issued, the project applicant or applicant shall submit a completed certificate of completion on a form prepared by the director of public works.

1.    The certificate of completion form shall include the following elements:

a.    Project information.

b.    Date.

c.    Project name.

d.    Project applicant name, telephone, and mailing address.

e.    Project address and location.

f.    Property owner name, telephone, and mailing address.

g.    Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package.

2.    The certificate of completion shall be submitted to the city for review with the following attachments:

a.    Irrigation Schedule. All irrigation schedules shall be developed, managed and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

(1)    Irrigation scheduling shall be regulated by automatic irrigation controllers.

(2)    For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the ETWU. Total annual applied water shall be less than or equal to MAWA. Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data or soil moisture sensor data.

(3)    Parameters used to set the automatic controller shall be developed and submitted for each of the following:

(A)    Plant establishment period.

(B)    The established landscape.

(C)    Temporarily irrigated areas.

(4)    Each     irrigation schedule shall consider for each station all of the following that apply:

(A)    Irrigation interval (days between irrigation).

(B)    Irrigation run times (hours or minutes per irrigation event to avoid runoff).

(C)    Number of cycle starts required for each irrigation event to avoid runoff.

(D)    Amount of applied water scheduled to be applied on a monthly basis.

(E)    Application rate setting.

(F)    Root depth setting.

(G)    Plant type.

(H)    Slope factor setting.

(I)    Shade factor setting.

(J)    Irrigation uniformity or efficiency setting.

b.    Landscape and Irrigation Maintenance Schedule. A regular maintenance schedule shall be developed, which meets the following criteria:

(1)    Landscapes shall be maintained to ensure water use efficiency.

(2)    The schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing any obstructions to emission devices.

(3)    Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(4)    Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

(5)    An irrigation maintenance schedule timeline that includes routine inspections, adjustments and repairs to the irrigation system, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning and weeding.

c.    Landscape Irrigation Audit Report. An audit report shall be developed which meets the following criteria:

(1)    Operating pressure of the irrigation system.

(2)    Distribution uniformity of overhead irrigation.

(3)    Precipitation rate of overhead irrigation.

(4)    Report of any overspray or broken irrigation equipment.

(5)    Irrigation schedule: plant establishment irrigation schedule and regular irrigation schedule by month that includes plant type, root depth, soil type, slope factor, shade factor, irrigation interval, irrigation runtimes, number of start times per irrigation day, gallons per minute for each valve, precipitation rate, distribution uniformity and monthly estimated water use calculations.

(6)    Verification that a diagram of the irrigation plan showing hydrozones is kept with the irrigation controller for subsequent management purposes.

(7)    All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(8)    In large projects or projects with multiple landscape installations an auditing rate of fifteen percent is required.

d.    Soil management report, if not submitted with the landscape documentation package, and documentation verifying implementation of soil report recommendations.

3.    Copies of the approved certificate of completion shall be provided to the property owner or his or her designee.

E.    Public Education. All model homes that are landscaped shall use signs that provide written information to demonstrate the principles of water efficient landscapes described in this chapter.

1.    Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water-efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants.

2.    Information shall be provided about designing, installing, managing, and maintaining water-efficient landscapes.

(Ord. 2562 NCS §3, 2016.)

15.17.060 Water budgets for new and existing dedicated irrigation accounts.

The city shall provide any account with a dedicated irrigation meter(s) a landscape water budget. The water budget will be calculated by the city or its agent by measuring the total irrigated landscaped area and the plant type(s) that exist per water meter. Any account assigned a water budget may not exceed the water budget for that billing period by more than twenty percent during that billing period. Accounts that exceed their water budget by more than twenty percent will be notified by the city. The city will work with the property owner or its authorized representative to ensure corrective actions are taken. Exceeding an account’s water budget by more than twenty percent more than two times in one twelve-month period and/or failure to cooperate with the city in taking corrective action after notification by the city of specific action(s) to be taken shall constitute a violation of this chapter. (Ord. 2316 NCS §3 (part), 2009.)

15.17.070 Water waste prohibitions.

The purpose of this section is to promote water conservation and efficient use of potable water furnished by the city of Petaluma by eliminating nonessential water use and intentional or unintentional water waste when a reasonable alternative solution is available and by prohibiting the use of water equipment that is wasteful.

A.    Nonessential Uses Defined and Prohibited. No customer of the city shall use or permit the use of potable water from the city for residential, commercial, institutional, industrial, agricultural, or other purpose for the following nonessential uses:

1.    The washing of sidewalks, walkways, driveways, parking lots and other hard-surfaced areas by direct hosing not equipped with a shutoff nozzle, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances and/or to prevent or eliminate materials dangerous to the public health and safety;

2.    The escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of one hour to stop the flow of water from such break or leak after the consumer discovers such a break or leak or receives notice from the city, and seventy-two hours to correct such break or leak after the consumer discovers such a break or leak or receives notice from the city, is a reasonable time period;

3.    Irrigation in a manner or to the extent that allows runoff of water or over-spray of the areas being irrigated. Every customer is deemed to have their irrigation system under control at all times, to know the manner and extent of their water use and any runoff and overspray, and to employ available alternatives to apply irrigation water in an efficient manner;

4.    Application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;

5.    Washing cars, boats, trailers, or other vehicles, equipment and machinery directly with a hose not equipped with a hose-end shutoff nozzle;

6.    Using water for non-recycling water features;

7.    Using water for single pass evaporative cooling systems for air conditioning in all connections installed after July 1, 2001, unless required for health or safety reasons;

8.    Using water for new non-recirculating conveyor car wash systems; self-service car wash spray wands shall emit no more than three gallons of water per minute;

9.    Using water for new non-recirculating industrial clothes washing systems;

10.    Dedicated irrigation accounts exceeding the allocated water budget by more than twenty percent in any billing period.

B.    Pressure Regulation. A pressure-regulating valve shall be installed and maintained by the consumer if static service pressure at the meter exceeds eighty pounds per square inch. The pressure-regulating valve shall be located between the meter and the structure valve, and set at not more than sixty pounds per square inch when measured at the structure valve. This requirement may be waived if the consumer presents evidence satisfactory to the city that high pressure is necessary in the design and that no water will be wasted as a result of high-pressure operation.

C.    Swimming Pool and Spa Covers. Private outdoor swimming pools and spas are to be covered during non-business hours or while not in use. Public outdoor swimming pools and spas are to be covered if the swimming pool or spa is scheduled to be unused for more than one day. A public pool that is closed for the season does not require covering.

D.    Exempt Water Uses. All water use associated with the operation and maintenance of fire suppression equipment or employed by the city for water quality flushing and sanitation purposes shall be exempt from the provisions of this section. Use of water supplied by a private well or from properly authorized recycled water, gray water, or rainwater catchment system is also exempt.

(Ord. 2579 NCS §2, 2016: Ord. 2316 NCS §3 (part), 2009.)

15.17.080 Exceptions.

Any customer of the city may make written application for an exception to the water conservation regulations ordinance. Said application shall describe in detail why applicant believes an exception is justified:

A.    The director of water resources and conservation may grant exceptions for use of water otherwise prohibited by this chapter if an exception is necessary to avoid an adverse impact on health, sanitation or safety of the applicant or the public, and/or to avoid undue hardship for the applicant or the public. Any exception granted shall not be broader than necessary, or of a duration longer than necessary to avoid the adverse effect on health, sanitation, fire protection or safety and/or to avoid the undue hardship.

B.    The decision of the director of water resources and conservation may be appealed to the city council by submitting a written appeal to the city clerk within fifteen calendar days of the date of the decision. Upon granting any appeal, the council may impose any conditions it determines to be just and proper. Exceptions granted by the council shall be prepared in writing, and the council may require the exception be recorded at applicant’s expense.

(Ord. 2316 NCS §3 (part), 2009.)

15.17.090 Applicability of water shortage emergency regulations.

In the event of conflict between the provisions of this chapter and the provisions of Chapter 15.18, the provisions of Chapter 15.18 shall supersede the provisions of this chapter from such time as the city council has determined and declared by resolution that a water shortage emergency exists pursuant to Chapter 15.18, as it may be subsequently amended, until such time as the declaration of emergency has been suspended by later resolution of the city council. (Ord. 2316 NCS §3 (part), 2009.)

15.17.100 Enforcement and fees.

A.    Depending on the extent of the water waste, the city may, after written notification to customer and a reasonable time to correct the violation as solely determined by the city, take some or all of the following actions. Seventy-two hours from notice of the violation shall be considered a reasonable time for correction, absent unusual circumstances that lengthen or shorten the reasonable time for correction. Penalties, fees and charges noted below shall be established by resolution of the city:

1.    Personal contact with the customer at the address of the water service. If personal contact is unsuccessful, written notice of the violation including a date that the violation is to be corrected may be left on the premises, with a copy of the notice sent by certified mail to the customer.

2.    The city may install a flow-restricting device on the service line.

3.    The city may levy a water waste fine to the customer.

4.    The city may shut off water service, and the charge for same shall be billed to the customer. Except in cases of extreme emergency as solely determined by the city manager, service shall not be reinstated until verified by the city that the violation has been corrected and all charges and fees have been paid.

B.    Depending on the nature and extent of water waste and/or the condition creating water waste, the city may discontinue water services without notice, pursuant to Section 15.12.070, and/or discontinue water services pursuant to Section 15.12.080.

C.    In addition to discontinuance of water services, any violation of this chapter is subject to enforcement as specified in Chapters 1.10 through 1.16.

(Ord. 2316 NCS §3 (part), 2009.)