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HomeMy WebLinkAboutordinance.council.037-91 . . ORDINANCE NO. 37 (Series of 1991) AN ORDINANCE OF THE CITY COUNCil. OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE TO ENSURE WATER CONSERVATION BY AMENDING SECTION 7-232 TO REQUIRE THE INSTALLATION OF HIGH EFFICIENCY PLUMBING FIXTURES IN NEW CONSTRUCTION OR THE REMODELING OF EXISTING STRUCTURES; AMENDING SECTION 7 -233 TO REGULATE OUTDOOR LANDSCAPING; ADDING SECTION 7-235 TO REQUIRE PROPER SOil. PREPARATION FOR LANDSCAP- ING PRIOR TO NEW CONSTRUCTION OF RESIDENTIAL, COM:MERCIAL OR INDUSTRIAL STRUCTURES; ADDING SECTION 19-128 TO REQUIRE CONSERVATION OF WATER IN THE PUBLIC RIGHT OF WAY, AMENDING SECTION 23-151 RELATING TO THE PROHIBmON AGAINST THE WASTING OF WATER; AND, ADDING SECTION 23-157 TO REQUIRE THE DIRECTOR OF WATER TO DEVELOP A CONSUMER EDUCATION PROGRAM ON WATER CONSERVATION WHEREAS, the CIty Council desires to implement a policy to eliminate the waste of water and proVlde for a more effiCIent use of the natural water resources of the CIty of Aspen, and, WHEREAS, there IS an increasing demand on the City's raw water supply by potable water users both Inside and outsIde of the murnclpal boundanes of the CIty of Aspen; and, WHEREAS, the Increased demand has duectly resulted m Increased withdrawals of the CIty'S strearnflows; and, WHEREAS, the CIty of Aspen supports decreed ffillllmum strearnflows to promote and marntam the aesthel1c and recreational qualll1es of Its enVIronment, and, WHEREAS, the CIty of Aspen desues to provide alternal1ves to the tradll10nal methods of meetlng increasing demand (i.e. the purchase/acquislUon of water rights, the expanslOn of potable water treatment and wastewater treatment facilities, and the construction of raw water storage reservoirs); and, WHEREAS, the CIty of Aspen has chosen an Institutional1zed approach to water e conserval1on to meet Its long-term objectives, and . - . WHEREAS, the use of hIgh-efficIency plumbmg fixtures m new construction is a proven method of unplemennng the CIty of Aspen's strategy of an lnsl1tul1onal1zed approach to water con serval10n , and, WHEREAS, the CIty of Aspen also desues to promote the use of illgh-efficlency fixtures In eXlstlng structures; and, WHEREAS, residential and commerciallandscaplng account for as much as fifty percent of municipal water needs In the City of Aspen; and, WHEREAS, the use of drought-tolerant, lndlgenous plant species In outdoor 1andscaplng would substanl1ally reduce demand on the treated water supply of the CIty of Aspen, and, WHEREAS, in order to promote the long-term abll1ty to meet the potable water needs of a nsmg populal1on, an mstitul10nabzed approach to water conserval1on IS essentlal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Sectlon 1 That Secl10n 7-232 of the MUnICIpal Code of the CIty of Aspen, Colorado, willch sectlon relates to the installal10n of water conserving structures, IS hereby amended to read as follows: Sec. 7-232. Installation of high-efficiency fIxtures. No bUlldlng perffilt shall be ISSUed for the construction of a new residentlal, commercial, or industnal structure or for the lndoor or outdoor remodel1ng of an eXlsnng commercIal, resIdential, or lndustnal structure unless the desIgn, construction, or remodellng mcorporates illgh-efficlency plumbing fixtures. In the lnstance of indoor or outdoor remodeling, compl1ance Wlth tills section shall be llrrnted to that portion of the structure for willch a building perffilt IS ISSUed. High-efficlency plumblng fixtures shall be defined as those fixtures willch comply Wlth the followlng standards for water use 2 . . e (a) All water closets desIgned not to exceed a flow rate of 1 6 gallons per flush (b) Urinals deSIgned not to exceed 1.0 gallons per flush The use of automal1c tIme flush deVIces for unnals shall not be peITnltted (c) Shower heads desIgned not to exceed a flow rate of 2.5 gallons per ffilnute (d) Lavatory, kitchen and service faucets designed not to exceed a flow rate of 2 2 gallons per nunute. (e) All commerclallavatones eqUlpped with spring-loaded faucets that close when not In use or faucets that are eqUIpped wHh metenng valves that close automatIcally after del1venng a maxlmum of .25 gallons, except for requued handIcapped fa- c1l111es which may be equipped Wlth faucets deSIgned for the handicapped (f) Exceptions Restaurant kitchen faucets and safety showers shall be exempted from the above flow restncl1ons. Other types of hlgh-efficiency fixtures may be peITnltted proVIded that those fixtures are proven to use no more water than those fixtures defined as h1gh-efficlency fixtures. Such proof shall be made to the sal1sfactlon of the BUlldlng Department offiCIal reviewing the appl1cation for a building pennit Section 2 That Section 7-233 of the Murncipal Code of Aspen, Colorado, which secl10n relates to outdoor cntena, construction, remodeling and landscaping, is hereby amended to read as follows' Sec. 7-233. Landscaping criteria; grass species, irrigation. (a) To the extent practlcable and conSlStent WIth the proposed deSIgn and use of the property, landscaping shall utilize, for grassy areas, grasses wh1ch have the effect of ffillllmlzmg the consumptive use of water applied to such grass for migal1on. The Duector of Parks shall promulgate an adVlsory list of drought tolerant grass species and acceptable mixtures of such spec1es Tills list shall be updated as research and expenence dIctate. (b) For all outSIde lITIgation, the development proposal shallmclude, to the extent pracl1cable, an irrigal10n system which would incorporate only equIpment of the most water-conserving type commercially aVallable at the l1me the proposal IS 3 . . . submItted for approval. AddltlOnally, alllITIgatlon shall be undertaken Wlth raw water if possible. At a mirumum, lITIgal10n systems shall' (1) Be equipped with tlme-actlvated automatic control clocks and shutoff valves. (2) Be equipped wllh sprinkler heads of a type wh1ch provide the most urnform coverage feasIble, and maxImum feasIble droplets sized to reduce evaporation and wind dIsturbance of the coverage (pulsal1ng type) (3) Where the slope gradIent of the proposed development so requires, be desIgned to control flow for the purpose of reducing runoff. Secl10n 3 That the Murnclpal Code of the City of Aspen, Colorado, is hereby amended by adding a section which said section reads as follows' Sec. 7-235. Soil preparation. No bullding permit shall be granted for the construcl1on of a new resldenl1al, commer- CIal, or Industrial structure unless the design of alllandscapmg areas pnmanly devoted to the cultivatlOn of any spec1es of grass for aesthel1c purposes, and not for agncultural food production, Includes proper soil preparal10n as hereinafter defined. Soil preparal10n shall be defined as the addll10n to existing salls of a nunimum of three cubic yards per 1,000 square feet of orgaruc matter Introduced by t1l1rng, dlSClng or other suitable method to a nunimum depth of four Inches. Acceptable orgaruc matter shall Include compost, peat moss, aged manures, aged sawdust, or any comblnal1on of the above. Secl10n 4 That the MUnICIpal Code of the City of Aspen, Colorado, IS hereby amended by addmg a section which said secl10n reads as follows: Sec. 19-128. Requirements of conservation of water in landsc.apinK on public rights- of-way. 4 . - .- The Director of Parks shall develop and Implement a conservation and lITIganon program to Increase the effiClency of water use on publ1c open space areas Including parks, green- belts, publ1c golf courses, roadway nght-of-way plannngs, street medians, and all other publ1c open spaces The program shall Include, as a nunlmum, the followmg: (a) Llffiltlng to funcl10nal areas of heavy pedestrian traffic, such as ballfields or areas proXlmal to entryways, the local1ons on whIch frequently lmgated and mowed turf such as bluegrass IS to be maIntarned, and restncnng the use of turf in medIan stnps; (b) Insunng the use of effiCIent imgatJon techruques and systems, Including the l1ffiltal1on of landscape migal10n between the hours of 11 A.M and 3 P,M ; employing the use of nonpotable water supplies and water reuse, where such suppl1es and water reuse are available, for lITIgal10n of areas exceeding ten acres; and uSing seasonally vanable Irrigal10n schedules whIch match the evapotranspua- l10n needs of the plants beIng lITIgated, (c) Analyzing and Improving soll on the site to maxlffilze moisture ava1lab1l1ty for plant Intake and to Increase soil mOIsture penetration and retention; (d) Using mulches to reduce water needs and weed growth and to check soil erOSlOn, (e) USing lower water-demand plants, ground cover, and grass specIes to reduce water usage; (f) Planmng for roullne maintenance such as weed control, prumng, and migatJon system adJustments so as to reduce water usage; and (g) Using evapotranspual1on data, when ava1lable, to determine water needs. Secl10n 5 That Secl10n 23-151 of the Murncipal Code of Aspen, Colorado, whIch secl10n prornblts wasl1ng of water, IS hereby amended to read as follows: Sec. 23-151. Wasting of Water Prohibited. It shall be unlawful for any person using water from the City of Aspen water system, or any system connected thereto, to waste water. For purposes of trns sectlon, "to waste water" shall mean any of the following J . e - (a) The unnecessary runrung of water, willch IS not appl.1ed to any beneficIal use, through or out of any water closet, lavatory, urinal, bathtub, hose, hydrant, faucet or other fixture, appliance or apparatus whatsoever, through the neglect or by reason of faulty or Imperfect plumbing or fixMe; or, (b) The connnuous appl1cation of water to lawns, sod, landscaping or amemty resulnng In ponding or the flowing of water Into drarnage or storm drarnage fac1l1l1es; or, (c) Fa1lure to repalf an lITIgal10n system urnt willch IS known to be leak1ng, or, Secl10n 6 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a secl10n willch section reads as follows: Sec. 23-157. Consumer education. The DIrector of Water shall develop a consumer educal10n program to proVIde water consumers with mformatlOn relanng to water conservation. The consumer education program shall Include, at a ffillllmum, penodlc dlstnbul10n to water consumers of brochures on vanous water conservation tOpICS. In addition, the Duector of Water may conduct senunars on water management techrnques for both resldenl1al and commercIal urigation systems Secl10n 7 ThIs ordinance shall not have any effect on eXlShng l1l1gal1on and shall not operate as an abatement of any acl10n or proceeding now pending under or by vJrtue of the ordinances repealed or amended as herein provIded, and the same shall be construed and concluded under such prior ordmances. Section 8 If any secb.on, subsecb.on, sentence, clause, phrase or portlOn of tills ordinance IS for any reason held invalld or unconsl1tutionalln a court of competent junsdlCl1on, such portlon shall 6 . - e be deemed a separate, dlStlnct and mdependent proVlslon and shall not affect the valid1ty of the remalfUng portions thereof A publ1c heanng on the ordinance shall be held on the /'5" day of ~ 1991, In the City Councll chambers, Aspen CIty Hall, Colorado INTRODUCED, READ AND ORDERED PUBLISHED as provIded by law by the City Councll of the City of Aspen on the::i '3 day of ~ ) , 1991. o rL 5 '5~ John S, Bennett, Mayor ATTEST: ~~;r,) ~ ~- Kathryn S .och, Clly Clerk FINALLY adopted, passed and approved the .lL day of /) I fr"1,' , 1991. GL 5 I~ John S. Bennett, Mayor A ITEST ~~& 7