The following terms are defined for the purpose of this chapter:
"Domestic use"
means any treated water used by a person for cooking, cleaning, bathing, washing clothes, drinking and sanitation.
"New development"
means any of the following construction projects for which a building permit was not issued prior to November 12, 1998:
1. 
Any free standing building that contains water-using fixtures.
2. 
Any additions or remodels to existing nonresidential structures that may increase water use.
3. 
Any residential additions or remodeling that increases the number of independent living units.
"Retrofit"
means to replace all toilets, showerheads, and faucet aerators in the building not complying with the flow regulations as stated in this chapter.
"Ultra-low flush (ULF) toilet"
means any toilet which uses no more than 1.6 gallons per flush and meets performance standards established by the American Society of Mechanical Engineer's Standard A112.19.2.M.
"Water"
means any treated water that is supplied by the Town's water distribution system unless otherwise indicated.
(Ord. 284-98; Ord. 318-01)
A. 
No customer or person shall waste water. For the purposes of this chapter, "waste" means:
1. 
Use of water for decorative fountains where the water is not recirculated;
2. 
Washing cars, boats, trailers, aircraft or other vehicles by hose without a shutoff nozzle except commercial or fleet vehicle washing facilities operated at fixed locations;
3. 
Watering lawns or gardens in a manner which result in runoff in gutter or other waterway, or excessive overspray of patio, driveway, walk, or street;
4. 
Withdrawing water from fire hydrants, except for fire fighting, fire fighting training, and water system maintenance purposes;
5. 
Use of water for cleaning streets during or following construction activities; flushing storm drains; and flow testing for fire sprinkler design except as approved by the Town Engineer;
6. 
Use of water for grading, dust control, street, pipeline, or similar construction. Only reclaimed water may be used for the foregoing activities except as allowed by the Town Engineer.
B. 
In emergency situations only, water for hauling may be supplied at a Town designated location upon prior approval from the Town Engineer. Tanker trucks hauling for domestic use must be certified to carry potable water. Hauled water may be supplied to existing customers only.
C. 
All projects for which the Planning Department requires approved landscape plans must adhere to the Town's Water Efficient Landscape Standards in order to obtain plan approval.
D. 
Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.
E. 
Residential customers shall use no more than 164,250 gallons of water per year.
F. 
Commercial or industrial customers shall use no more water per year than the amount set by resolution of the Town Council, which shall be published and/or posted in the same manner as ordinances, distributed in a manner designed to give notice to commercial and industrial customers, and available upon request.
G. 
Within 48 hours of notification by the Town, all leaks, breaks, or other malfunctions in a customer's or person's plumbing or distribution system shall be repaired or an agreement shall be entered into with the Town to do so.
(Ord. 284-98; Ord. 318-01; Ord. 22-505)
All persons are encouraged to use the following water conservation guidelines:
A. 
Establish procedures in the home and business to recycle water where possible;
B. 
Install water saving devices in existing facilities including low flow showerheads, faucet aerators, ULF toilets, and appliances;
C. 
Refrain from additional irrigation and unnecessary use of water, such as car washing, when the temperature exceeds 90° Fahrenheit;
D. 
All customers are encouraged to limit the expansion or installation of new water-using appliances, plumbing, or improvements, such as lawns, landscaping, pools, sprinkler irrigation systems, washdown equipment, larger washing machines, or garbage disposal units;
E. 
All persons are encouraged to place an increased emphasis on fire protection;
F. 
All schools, social and professional groups, churches, etc., are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the Town for consideration and implementation;
G. 
All public facilities are encouraged to establish the following water program: hand watering where appropriate for plants and shrubs, use shutoff nozzles on hoses used for hand watering, maintenance watering of lawns and fields a maximum of 40 minutes per week, night watering of fields and lawns between 6:00 p.m. and 10:00 a.m.;
H. 
Restaurants shall be encouraged to supply water to patrons only upon request.
(Ord. 284-98; Ord. 318-01; Ord. 22-505)
A. 
Except as allowed in subsections B and C, new development shall partially offset its water requirement by installing ULF toilets in a sufficient number of existing homes having toilets that use three and one-half gallons or more per flush. Other facilities may be retrofitted upon approval of the Town Engineer based upon a schedule of water use factors adopted by resolution of the Town Council. The retrofit requirement imposed by this subsection A shall not apply to the construction or remodeling of very-low and low-income housing, which for the purposes of this subsection means housing intended for or restricted to persons whose income does not exceed 80% of the median income for Napa County.
B. 
If the Council determines that actual retrofitting of existing homes is impractical or constitutes an unusual hardship on an applicant, it may authorize the payment to the Town of an in-lieu retrofit fee equivalent to the cost of retrofitting a sufficient number of existing homes with ULF toilets and other required water saving devices as described in subsection D below. The in-lieu fee shall also include the cost of staff time to accomplish the required retrofitting using the fees collected. The in-lieu fee may be established by resolution. If an in-lieu fee is accepted, the Town will administer a rebate program to retrofit existing homes using the fees collected or use the fees for another water conservation purpose as approved by the Council. In-lieu fees must be paid upon issuance of a building permit.
C. 
In lieu of or in combination with retrofitting and/or payment of an in-lieu retrofit fee, as allowed in subsections A and B, an applicant may petition the Town Council to allow an alternative innovative method of mitigating water use for new development.
D. 
All structures that are retrofitted with toilets shall also be retrofitted with the following water saving devices: shower heads emitting no more than two and one-half gallons per minute, interior faucet aerators that emit no more than 2.2 gallons per minute, urinals that use no more than one gallon per flush.
E. 
The number of existing dwelling units a developer will be required to retrofit per dwelling is as follows:
1. 
Single-family detached: 4.0 per unit;
2. 
Condominium/townhouse/duplex: 3.0 per unit;
3. 
Apartment (three units or more): 2.5 per unit;
4. 
Mobile home: 2.5 per unit;
5. 
Second unit: 0 per unit.
The Town will supply a list of homes eligible for retrofitting and verify that the required number of retrofits have been completed prior to the issuance of a certificate of occupancy.
F. 
Nonresidential projects will have their water demand evaluated during the project review or use permit review stage by the Town Engineer. They will be required to mitigate their water demand through off-site retrofitting according to a schedule of water use factors adopted by resolution of the Town Council.
G. 
All new development shall use water closets and associated flush-o-meter valves, if any, which use no more than 1.6 gallons per flush and which meet performance standards established by the American Society of Mechanical Engineer's Standard A112.19.2.M. and urinals and associated flush-o-meter valves, if any, which use no more than one gallon per flush and which also meet the above performance standards.
H. 
In the Town, building permits, certificates of occupancy and/or water connections can be withheld pending compliance with these regulations. In the County, water service can be withheld pending compliance.
(Ord. 284-98; Ord. 318-01)
Residential remodeling will trigger a retrofit of the remodeled residence only if the remodeling involves work that may increase water use (determined by the Town Engineer), such as adding a bathroom, a bedroom, hot tub, spa, pool, or laundry. Remodeling that may not increase water use, such as re-roofing, adding a family room, or increasing the size of a room would not trigger a retrofit unless the remodel exceeds 25% of the total valuation of the home as determined by the Building Official.
(Ord. 284-98; Ord. 318-01)
A. 
A violation of any provision of this chapter shall be subject to administrative enforcement under Chapter 8.05 of this code in addition to any other enforcement remedies available under law and this code.
B. 
A violation of any provision of this chapter shall constitute a public nuisance which may be abated and/or enjoined pursuant to law and this code.
C. 
After providing at least 15 days' notice thereof, the Town may install a flow restricting device on the meter of any customer exceeding the allotments in Section 13.20.020, subsections E and F. The device shall restrict flow to the average daily allotment under those subdivisions. The customer shall pay a fee equal to the Town's actual costs related to the purchase, installation, monitoring, and removal of the device, which shall be established by resolution of the Town Council and may be included on the bill issued pursuant to Section 13.40.010.
(Ord. 284-98; Ord. 318-01; Ord. 22-505)