Lafayette Municipal Code Ch. 11-6 Recycled Water for Landscaping

The city council finds that:

(a) The waters of California are of limited supply and subject to ever-increasing demands;

(b) Landscape design, installation and maintenance can and should be water efficient as much as practicable;

(c) When non-potable water is available, feasible, and consistent with applicable legal, public health, safety and environmental requirements, it should be used for landscaping; and

(d) It is the policy of the City of Lafayette that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for non-potable uses within a designated recycled water use area as set forth in this chapter when the city determines that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible for projects under consideration by the city.

(Ord. 525 § 1, 2002)

The purposes of this chapter are to encourage recycling of water through cooperation with the East Bay Municipal Utility District, the public agency that provides water to the city of Lafayette, to establish procedures for such cooperation in the development of recycled water projects, and to encourage the use of recycled water for public and private landscaping whenever it is feasible and consistent with applicable legal, public health, safety and environmental requirements.

(Ord. 525 § 1, 2002)

The following terms are defined for purposes of this chapter:

(a) "Designated recycled water areas" means precise geographic areas designated by East Bay Municipal Water District as having a dependable supply of non-potable water available or where the feasibility of distributing a non-potable water supply has been determined and recycled water reuse projects are required by the district.

(b) "Non-potable water" means water that is unsuitable for human consumption. Groundwater and other subsurface or surface water that may be used for a beneficial purpose in compliance with applicable local, state and federal laws defining standards for non-potable water uses.

(c) "Potable water" means water that conforms to federal, state and local agency standards for human consumption.

(d) "Recycled water" means water that, as a result of treatment, is suitable for direct beneficial use or controlled use that would not otherwise occur.

(Ord. 525 § 1, 2002)

The East Bay Municipal Utility District may designate an area as a recycled water project area. In such an area, the district may require installation of separate dedicated meters and systems for use of non-potable water for appropriate and approved uses at the time of service or in the future. A map showing each designated recycled water project area is on file in the city's office of the community development director. Consumer and others within a designated recycled water area who received water from the district before the district's designation of the area, may, at the discretion of the district be connected to the non-potable system in accordance with the district's applicable regulations.

(Ord. 525 § 1, 2002)

Where appropriate, the city shall plan and design each facility for its major new improvements and new property within a designated recycled water area to accommodate a recycled water project in accordance with this chapter.

(Ord. 525 § 1, 2002)

(a) Applications. Every development application for a new subdivision or parcel map within a designated recycled water area filed with the planning and building services division shall be referred to East Bay Municipal Utility District for determination and possible designation by the district of requirements for water recycling. These requirements may include a separate plumbing system from the potable water system to serve non-potable uses in the common areas of the subdivision, including, but not limited to, parks, greenbelts, landscaped streets and landscaped medians. The planning and building services division shall refer an application to the district as soon as practicable after an application is filed, but in no event more than ten days after the application is deemed complete.

(b) Project approval. The hearing body for an application for a subdivision or parcel map within a designated recycled water area may not approve the application until written notification of all requirements imposed and required by the district for non-potable water facilities is received, reviewed and considered for inclusion as conditions for approval. If the district does not provide written notification within 30 days of the referral date, the hearing body may take action to approve the application. The hearing body may also take action any time and approve an application if within the next ten days the application may be deemed approved or otherwise decided by operation of law.

(c) Application exemptions. An application for a subdivision or parcel map within a designated recycled water area on file with the planning and buildings services division and deemed complete on or before February 11, 2002 is exempt from this chapter.

(Ord. 525 § 1, 2002)