HomeMy WebLinkAboutOrdinance 617 w Exhibit AORDINANCE 617
ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING
AND SITE DEVELOPMENT) CHAPTER 2 (SITE DEVELOPMENT) ARTICLE 8
(LANDSCAPING) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO AMEND
REGULATIONS RELATING TO WATER EFFICIENCY LANDSCAPING STANDARDS
WHEREAS, The State of California has experienced frequent droughts, and drought conditions are
common in Los Altos Hills; and
WHEREAS, the Town of Los Altos Hills "Town") reviews all new and proposed landscaping
projects within the Town; and
WHEREAS, the Town adopted a state -certified Water Efficiency Landscaping Ordinance ("WELO")
regulating the allowed parcel water budget that is applied to all new landscaping projects in the Town,
which was last updated in June of 2015; and
WHEREAS, specifically, Article 8 of the Los Altos Hills Zoning and Site Development code
committed the Town to "[ ... J create the maximum compatibility of development with the natural
environment; to preserve the rural qualities of the Town, to insure that structures, as viewedftom off-
site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to
abate noises; to protect wildlife habitats; to retain aesthetic quality; to conserve water resources; and
to protect properties against fire and other natural forces. " which in large part reflects existing,
practice wherein the Town reviews and approves landscaping projects with a focus on drought resistant
and water conservation -focused design; and I
WHEREAS, to accomplish the commitments set forth in Article 8, the Town has prepared a set of
amendments to The Town's Municipal Code, Title 10, Chapter 2, Article 8 to incorporate further water
conservation measures; and
WHEREAS, on May 1, 20259 the Planning Commission held a study session to consider the proposed
Zoning Amendments set forth in Exhibit A and to solicit public comments; and on May 13, 2025 the
Environmental Design and Protection Committee held a meeting to solicit public comments and on
May 22, 20259 the Environmental Initiatives Committee held a meeting to solicit public comments on
the proposed Zoning Amendments set forth in Exhibit A.
WHEREAS, on June 5, 2025 the Planning Commission held a duly noticed public hearing to consider
the proposed Zoning Amendments set forth in Exhibit A,, at which time all interested parties were
provided an opportunity to give input and participate in the public process; and
WHEREAS, on July 21, 20259 the City Council introduced and held a duly noticed public hearing to
consider the proposed Zoning Amendments, at which time all interested parties were provided an
opportunity to give input and participate in the public process, and subsequently adopted the proposed
Zoning Amendments at its September 18, 2025 meeting; and
WHEREAS, the proposed Zoning Amendments are consistent with and support the Los Altos Hills
General Plan by helping to ensure the implementation water conservation measures and environmental
preservation; and
WHEREAS, under the California Environmental Quality Act ("CEQA") Guidelines Section
15061(b)(3)9 CEQA applies only to projects which have the potential for causing a significant effect on
the environment, and where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA; and
ORDINANCE 617 11 P a g e
WHEREAS, in this case the proposed Zoning Amendments do not have a potential for creating a
significant environmental effect as they do not create any zoning land uses, approve any development
projects, or issue any entitlements, but are regulatory actions taken by the Town to implement
procedural requirements only; and
WHEREAS, the proposed Zoning Amendments are intended to improve the Town's application
review standards and to implement policies and programs consistent ---with - State's- water conservation -
guidelines and the climate of the Town, in a way that promotes community welfare, and the Town's
character and aesthetic quality.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of Los Altos
Hills hereby makes the following findings: I
1. All of the facts and recitals above are true, correct, incorporated herein, and made a part
hereof.
2. Based on the entirety of the record before it, the City Council hereby finds that this
Ordinance is exempt from review under the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3). Under CEQA Guidelines Section 15061(b)(3), CEQA
applies only to projects that have the potential for causing a significant effect on the
environment, and where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. In this case, the proposed Zoning Amendments do not have a
potential for creating a significant environmental effect as they do not create any zoning
land uses, approve any development projects, or issue any entitlements, but are regulatory
actions taken by the Town to implement procedural requirements only.
3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements
of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of
the requirements thereunder.
4. The proposed changes to this Ordinance are consistent with and support the Town of Los
Altos Hills' General Plan and supports the Los Altos Hills Water Efficiency Landscaping
policies. Improving the Town's Water Conservation Methods and review process and
codify new standards for measuring a parcel's water budget existing practices and
furthering the Town's goals of creating healthy and resilient landscaping for new
development projects. The amendments proposed in the Ordinance would accomplish the
Water Efficiency program goals identified in the Town's Municipal Code.
Article 8,, Chapter 2, Title 10, of the Town of Los Altos Hills' Municipal Code, is hereby amended to
read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full
herein.
SECTION III. SEVERABILITY,
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional the remainder of this Ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in full
ORDINANCE 617 21 P a e
force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town
of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid,
or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen
(15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and
(2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the
names of those City Council members voting for and against this Ordinance or otherwise voting. This
Ordinance shall become effective thirty (30) days from and after its adoption.
INTRODUCED: JULY 21, 2025
PASSED: SEPTEMBER 18, 2025
AYES: BHATEJA, MOK, SWAN, TANKHA, TYSON
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
ATTEST:
ika Birdsong -Miller, ty Clerk
APPROVED AS TO FORM:
Steve Mattas, City Attorney
BY:
�•
Kavita Tankha, Mayor
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EXHIBIT ("A"
AMENDMENTS TO MUNICIPAL CODE SECTION 10-2.809
§ 10-2.809 Water efficient landscaping.
(a) Application. The _prpvisions, of the Water Efficient Landscape Ordinance (WELO) shall
apply to the following:
(1) All new development projects requiring a Site Development Permit; and
(2) Rehabilitated landscape projects with an aggregated irrigated landscape area equal to or
greater than 2,500 square feet requiring a building or site development permit; and
(3) Existing landscapes limited to subsections (t) and (u).
Any project with an aggregate landscape area of 2,500 square feet or less may comply with the
performance requirements of this section or conform to the prescriptive measures contained in
the Prescriptive Compliance Option located within the Town's Landscape Design Guidelines
and Plan Submittal Requirements (herein after referred to as Landscape Guidelines).
For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel
within the project that has less than 2,500 square feet of landscaping and meets the lot or
parcel's landscape water requirement (estimated total water use) entirely with treated or
untreated graywater or through stored rainwater captured on- site shall only be subject to the
irrigation requirements located within the Town's Landscape Guidelines.
This section shall not apply to:
(1) Registered local, State or Federal historical sites where landscaping establishes an
historical landscape style, as determined by any applicable public board or commission
responsible for architectural review or historic preservation;
(2) Ecological restoration or mined -land reclamation projects that do not require a permanent
irrigation system; or
(3) Community gardens or plant collections, as part of botanical gardens and arboretums
open to the public.
(b) Definitions. The following definitions are established for the purpose of this article. A
complete list of WELD definitions is included in the Town's Landscape Guidelines. The
meaning and construction of words and phrases is as follows:
Applied water means the water supplied by the irrigation system to the landscape.
Certified professional means a certified irrigation designer, certified landscape irrigation
auditor, licensed landscape architect, licensed landscape contractor, licensed professional
engineer, or any other person authorized by the state to design a landscape, an irrigation
system, or authorized to complete a water budget.
Distribution uniformity means the measure of the uniformity of irrigation water
over a defined area.
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Ecological restoration project means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
Established landscape means the point at which plants in the landscape area have developed
significant root growth into the soil. Typically, most plants are established after one or two
years of growth.
Estimated total water use (ETWU) means the total water used for the landscape as
calculated in subsection (d) of this section, "Water Efficient Landscape Worksheet."
ET adjustment factor (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-
residential areas, that when applied to reference evapotranspiration, adjusts for plant factors
and irrigation efficiency. The ETAF for new and existing (non- rehabilitated) special
landscape areas shall not exceed 1.0. The ETAF for existing non -rehabilitated landscapes is
0.8.
Evapotranspiration (ET) rate means the quantity of water evaporated from adjacent
soil and other surfaces and transpired by plants during a specified time.
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.
Hydrozone means a portion of the landscaped area having plants with similar water needs and
rooting depth. A hydrozone may be irrigated or non -irrigated.
Invasive plant species means species of plants not historically found in California that spread
outside cultivated areas and can damage environmental or economic resources. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive
and noxious weeds database.
Irrigation audit means an in-depth evaluation of the performance of an irrigation system
conducted by a certified professional. 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.
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 minimum
average irrigation efficiency for purposes of this section are 0.75 for overhead spray devices
and 0.81 for drip systems.
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Irrigation survey means an evaluation of an irrigation system that is less detailed than an
irrigation audit and includes, but is not limited to: inspection, system test, and written
recommendations to improve performance of the irrigation system.
Landscape area (LA) means all the irrigated planting areas, turf areas and water features in a
landscape design plan subject to the maximum applied water allowance calculation.
Landscape project means the total area comprising the proposed irrigated landscape
area, as defined in this section.
Landscape water meter means an inline device installed at the irrigation supply point that
measures the flow of the water into the irrigation system and is connected to a totalizer to
record water use.
Local water purveyor means any entity, including a public agency, city, county, district or
private water company that provides retail water service.
New construction means the construction of a new building or structure containing a
landscape or other new land improvement, such as a park, playground, or greenbelt without an
associated building.
Nonresidential landscape means landscapes in commercial, institutional, and public
settings that may have areas designated for recreation or public assembly.
Overspray means the irrigation water which is delivered beyond the target area.
Parcel water budget (PWB) means the upper limit of annual applied water purchased from
the local water purveyor for the parcel as specified in subsection (c) of this section, "Parcel
Water Budget."
Permit means an authorizing document issued by local agencies for the installation of new or
rehabilitated landscapes.
Pervious means any surface or material that allows the passage of water through the material
and into the underlying soil.
Plant factor or plant water use factor is a factor, when multiplied by ETo, estimates the
amount of water needed by plants. The plant factor range for very low water use plants is 0.0
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.
Project applicant means the individual or entity requesting a permit or plan check from the
Town. A project applicant may be the property owner or designee.
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. The ETo for Los Altos Hills, based on the state's reference
evapotranspiration table, is 43.0.
ORDINANCE 617 61 P a 4=1 ur e
Rehabilitated landscape means any re -landscaping project that requires a building or site
development permit.
Runoff means water which is not absorbed by the soil or landscape to which it is
applied and flows from the irrigated landscape area.
--Spec-ia-1--l-and-sc-ape—area -(SLA) means -an- -area of - the -Iandscape—dedicated -sole-l�to-ed-ible
plants, recreation areas, areas irrigated with recycled water, or water features using recycled
water.
Turf means a ground cover 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.
Water conserving plant species means a plant species identified as having a very low or
low plant factor.
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). The surface area of water features
are included in the high water use hydrozone of the landscape area. Constructed wetlands that
are not irrigated and stormwater retention basins are not water features.
WUCOLS means the Water Use Classification of Landscape Species published by the
University of California Cooperative Extension and the Department of Water Resources in
2014.
(c) Parcel Water Budget. All properties shall calculate a parcel water budget (PWB) upon
submittal of a Site Development Permit. The PWB is calculated using the following equation:
PWB = [(1.0-slope)(0.65) (43.0)(0.62)[0.55 x (An -NMA) + (0.45 x SLA)] / 748] + 120
Where:
PWB = Parcel water budget (units per year)
Slope = Average slope of the parcel or lot as a percentage of 1.0 to the nearest
hundredth
0.65 =Water Conservation Factor
43.0 = Reference evapotranspiration (ETo) in Los Altos Hills, in inches/year
0.62 =Conversion factor (to gallons)
0.55 - ET adjustment factor (ETAF) An =Net lot area (square feet)
MDA = Maximum development area. The maximum development area (in square feet)
allowed for the property.
0.45 = Additional water allowance for SLA SLA = Special landscape area (square feet)
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ORDINANCE 617 71 P ae
t:n
748 = Number of gallons in a unit (100 cubic feet) of water
120 = Number of units for indoor water use per property per year, or as may be modified by
the Planning Director upon a demonstration of difficulty or unnecessary hardship pursuant to
subsection (w). Note: Not applicable if a landscape/outdoor use meter is installed.
Example PWB calculation: one -acre (43,560 sq. ft.) lot with 14% slope and 12,339 sq. ft. of
-M-D-A-and-no-&pecial-l-andseape-area:
PWB = [(1.0-.14) (0.65) (43.0)(0.62)[0.55 x (43,560 - 12,339) + (0.45 x 0)] / 748] +120 = 462
units/year
The following sections shall apply to all new landscape areas equal to or greater than 500
square feet or for rehabilitated landscape projects with an aggregate landscape area equal to or
greater than 2,500 square feet.
(d) Water Conservation Factor Adjustments. New landscaping projects shall be subject to the
Parcel Water Budget as calculated using the Water Conservation Factor value of 0.65 until
December 31st, 2027.
(1) The Water Conservation Factor shall be lowered to a value of 0.45 beginning on January 1st,
2028.
(e) Water Efficient Landscape Worksheet. A project applicant shall complete a Water Efficient
Landscape Worksheet (Appendix C of the Town's Landscape Design Guidelines) for all new
landscape areas of 500 square feet or greater or for rehabilitated landscape projects that are
2,500 square feet or larger. The worksheet shall conform to the requirements in the Town's
Landscape Guidelines.
(f) Soil Management Report. A soil management report shall be completed by the project
applicant, or designee, and shall conform to the requirements in the Town's adopted
Landscape Guidelines.
(g) Landscape Design, Soil Preparation and Mulching Criteria. The proposed landscaping shall
be carefully designed and planned for the intended function of the project. All landscape
designs, soil preparation techniques and mulching practices shall conform to the requirements
in the Town's adopted Landscape Guidelines.
(h) Landscape Plan Requirements. The landscape plans shall be prepared by, and bear the
signature of, a licensed landscape architect, licensed landscape contractor, or any other person
authorized by the State of California to design a landscape and irrigation plan. Native species
and natural vegetation shall be preserved where feasible and native,, water conserving species
are recommended. Landscape plans shall conform to the requirements in the Town's adopted
Landscape Guidelines.
(i) Irrigation Design Criteria. An irrigation system shall meet the requirements listed in this
section and the manufacturer's recommendations. Irrigation designs shall conform to the
requirements in the Town's adopted Landscape Guidelines.
(j) Irrigation Plan Requirements. Irrigation plans shall be included with the landscape plan
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ORDINANCE 617 81 P a g e
submittal and shall be prepared by, and bear the signature of, a licensed landscape architect,
licensed landscape contractor, or any other person authorized by the State of California to
design an irrigation plan. Irrigation plans shall conform to the requirements in the Town's
adopted Landscape Guidelines.
(k) Grading Design Plan. A Grading Plan, meeting current Town standards and exceeding the
state requirements, shall be submitted with each landscape project.
(1) Certificate of Completion. The certification documentation shall be prepared by the project
landscape architect, irrigation designer, or landscape contractor and include the following
statement: "The landscape and irrigation system has been installed as specified in the
landscape design plan and complies with the criteria of the Water Efficient Landscape
Ordinance and the permit." Receipt of the certification documentation will begin the 24 -month
period described in subsection (x) of this section.
The Certificate of Completion shall include the following six elements:
(1) Project information sheet that contains: date, project name and address, applicant's name,
telephone number and address, owner's name, telephone and mailing address;
(2) 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:
(i} Where there have been significant changes made in the field during construction, these
"as -built" or record drawings shall be included with the certification,
(ii) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation
%.-, 01
controller for subsequent management purposes;
(3) Irrigation scheduling parameters used to set the controller;
(4) Landscape and irrigation maintenance schedule;
(5) Irrigation audit report; and
(6) Soil analysis report, if not submitted with Landscape Documentation Packave, and
documentation verifying implementation of soil report recommendations.
The project applicant shall submit the signed Certificate of Completion to the local agency
for review and ensure that copies of the approved Certificate of Completion are submitted
to the local water purveyor and property owner or designee.
Upon receipt of the signed Certificate of Completion from the project applicant the Town
shall approve or deny the Certificate of Completion. If the Certificate of Completion is
denied the local agency shall provide information to the project applicant regarding
reapplication, appeal, or other assistance.
(m) Irrigation Scheduling. All irrigation schedules shall be developed, managed, and evaluated to
utilize the minimum amount of water required to maintain plant health. Irrigation schedules
shall conform to the requirements in the Town's adopted Landscape Guidelines.
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(n) Landscape and Irrigation Maintenance Schedule. A regular maintenance schedule shall be
submitted with the Certificate of Completion and shall conform to the requirements in the
Town's adopted Landscape Guidelines.
(o) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. All landscape irrigation
audits shall be conducted by a local agency landscape irrigation auditor or a third party
certified landscape irrigation auditor. Landscape audits shall not be conducted by the person
who designed the landscape or installed the landscape.
For new construction and rehabilitated landscape projects installed after December 1, 2015,
the local agency shall administer programs that may include, but not be limited to, irrigation
water use analysis, irrigation audits, and irrigation surveys for compliance with the Parcel
Water Budget.
(p) Recycled Water. The installation of recycled water irrigation systems shall allow for the
current and future use of recycled water. All recycled water irrigation systems shall be
designed and operated in accordance with all applicable local and State laws. Landscapes
using recycled water are considered special landscape areas.
The ET adjustment factor for new and existing (non -rehabilitated) special landscape areas
shall not exceed 1.0.
(q) Graywater Systems. Graywater systems promote the efficient use of water and are encouraged
to assist in on-site landscape irrigation. All graywater systems shall conform to the California
Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards.
Refer to subsection (a) for the applicability of this section to landscape areas less than 2,500
square feet with the estimated total water use met entirely by graywater.
(r) Stormwater Management, Well Water and Rainwater Retention. Implement stormwater best
management practices into the landscape and grading design plans to minimize runoff and to
increase on-site rainwater retention and infiltration. Encourage the use of ston-nwater for
landscape irrigation. Well water and retained water does not count toward the PWB.
(s) Public Education.
(1) The Town shall provide information to all Planning and Building Department applicants
regarding the design, installation, management, and maintenance of water efficient
landscapes.
(2) Starting on January 1, 2012, the Town may, in conjunction with water purveyors, develop
and administer a voluntary program to audit water usage for existing landscapes.
(t) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. This subsection
shall apply to all existing landscapes using water from a local purveyor that were installed
before December L 2015 and are over one acre in size.
(1) For all landscapes that have a water meter, the local agency shall administer programs that
may include, but not be limited to, irrigation water use analyses, irrigation surveys, and
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irrigation audits to evaluate water use and provide recommendations as necessary to reduce
landscape water use to a level that does not exceed the Parcel Water Budget for existing
landscapes.
(2) For all landscapes that do not have a meter, the local agency shall administer programs that
may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water
i
use and provide recommendations as necessary n order to prevent water waste.
(3) All landscape irrigation audits shall be conducted by a certified landscape irrigation
auditor.
(u) Water Waste Prevention. Runoff is prohibited from leaving the target landscape area due to
low head drainage, overspray, or other similar conditions where water flows onto adjacent
property, non -irrigated areas, walks, roadways, parking lots, or structures.
Restrictions regarding overspray and runoff may be modified if:
(1) The landscape area is adjacent to -permeable surfacing and no runoff occurs; or
(2) The adjacent non -permeable surfaces are designed and constructed to drain entirely to
landscaping.
(v) Reporting. The Planning Department shall report to the Department of Water Resources by
December 31, 2015, and then report annually by January 31st of each subsequent year.
The report shall address the following:
(1) State that the Town is adopting a single agency ordinance and the date of adoption or
anticipated date of adoption;
(2) State that the Town is using a locally modified Water Efficient Landscape Ordinance
(WELO), explain any differences between the Town's WELO and the State's Model Water
Efficient Landscape Ordinance (MWELO), identify that the Town's WELO is it at least as
efficient as MWELO, and specify any exemptions;
(3) State the entity responsible for implementing the ordinance. State number and
(4) types of projects subject to the ordinance during the specified reporting period;
(5) State the total area (in square feet or acres) subject to the ordinance over the reporting
period, if available;
(6) Provide the number of new housing starts,, new commercial projects, and
(7) landscape retrofits during the reporting period;
(8) Describe the procedure for review of projects subject to the ordinance;
(9) Describe actions taken to verify compliance;
(10)Describe enforcement measures;
(11)Explain challenges to implementing and enforcing the ordinance; and
(12)Describe educational and other needs to properly apply the ordinance.
(w) Exceptions. The Planning Director shall have the discretion to grant exceptions to the 120 unit
ORDINANCE 617 111 P C-1 g e
allocation for yearly indoor water use in cases where, due to exceptional conditions involved,
a literal enforcement of the provisions of this section would result in practical difficulties or
unnecessary hardships; provided, however, no such exceptions shall be granted unless the
Planning Director shall find that the granting of such exception will not be contrary to the intent
of the provisions of this section.
(x) Deposit Required Forfeiture of Deposit. Anyone who is subject to the requirements of this
article shall submit a deposit or other security deemed satisfactory by the Planning Director.
Two years after the certificate of completion is filed with the Town for any landscaping project
subject to the provisions herein, the property owner shall furnish to the Town the second year
(months 13 through 24 following receipt of the certificate of completion) of water use and
billing data from the subject property's water purveyor. If the site water usage exceeds the
calculated PWB, the deposit shall be held for an additional 12 months. At the end of the
additional 12 -month period, the property owner shall provide the Town with the previous 12
months (month 25 through 36) of water use and billing data from the subject property's water
purveyor. If the water usage still exceeds the estimated PWB, the deposit shall be forfeited to
the Town, in full. All Town staff time and materials expended to ensure compliance with this
section will be deducted from the deposit. Any remaining amounts from a forfeited deposit
shall be utilized to further the purposes of this section.
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