Buellton Municipal Code Ch. 13.72 Water Efficient Landscaping

A. The state of California has enacted the Water Conservation in Landscaping Act of 2006 and has found that:

1. The waters of the state are of limited supply and are subject to ever increasing demands;

2. The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

3. It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

4. Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

5. Landscape design, installation, maintenance and management can and should be water efficient; and

6. Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not ex-tend to waste or unreasonable method of use.

(Ord. 10-02 § 3, 2010)

A. Consistent with the legislative findings of the Water Conservation in Landscaping Act of 2006, the city of Buellton shall, by ordinance, adopt a water efficient landscaping ordinance that is at least as effective at conserving water as the state's adopted model standards. The purpose of the city of Buellton's water efficient landscaping ordinance is to:

1. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

4. Encourage the use of water efficiently, without waste by reducing water use to the lowest practical amount;

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6. Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water; and

7. Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the water efficient landscape ordinance or its local landscape ordinance.

(Ord. 10-02 § 3, 2010)

A. The water efficient landscape ordinance shall apply to all of the following landscape projects:

1. New construction, which includes rehabilitated landscapes, for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or grading permit;

2. New construction, which includes rehabilitated landscapes, which are developer-installed in new single-family and multifamily projects with a total landscape area equal to or greater than 2,500 square feet requiring a building or grading permit;

3. New construction landscapes, which are homeowner-provided and/or homeowner-hired on single-family and multifamily residential lots with a total project landscape area equal to or greater than 5,000 square feet requiring a building or grading permit.

B. The water efficient landscape ordinance will not apply to:

1. Registered local, state, or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system;

4. Plant collections, as part of botanical gardens and arboretums open to the public; or

5. Existing single-family homes.

(Ord. 10-02 § 3, 2010)

The violation of any of the requirements of this chapter or the water efficient landscape ordinance will be subject to the penalties and enforcement actions as contained in Chapter 1.28 of this code.

(Ord. 10-02 § 3, 2010)

The Buellton water efficient landscape ordinance, Exhibit "A," is hereby adopted. In adopting Exhibit "A" of said ordinance, the city council specifically finds that the standards contained therein are at least as effective at conserving water as the state's Model Water Efficient Landscape Ordinance.

(Ord. 10-02 § 3, 2010)