Subsection (A) of this section applies to all city and non-city owned golf courses, and to all city owned parks and athletic fields. Subsection (B) of this section applies to all new development.
(A) Water Budgets for Parks and Golf Courses.
(1) Parks and golf courses shall use medium and low water use plants as much as possible. High water use turf or other restricted plants shall be allowed only in those areas with heavy usage or foot traffic, such as athletic fields, playgrounds, and golf course tees, greens, and fairways.
(2) All golf courses existing prior to October 1, 1995 will be allowed up to 40 inches of water per acre of landscape area per year. Golf courses using wells must report well usage to the city on a monthly basis. Any usage over the allowable amount will be subject to the excess use surcharge(s) described in division (A)(6) of this section. Usage will be calculated on a per individual golf course basis and shall include municipal and non-municipal water supplies.
(3) All new golf courses or existing golf course expansions permitted by the city after October 1, 1995 will be allowed up to 37 inches per acre of landscape area per year. Any usage over the allowable amount will be subject to the excess use surcharge(s) described in division (A)(6) of this section. Usage will be calculated on a per individual golf course basis and shall include municipal and non-municipal water supplies. The landscaped area for new golf courses shall not exceed 90 acres per 18 holes or 45 acres per 9 holes.
(4) All parks will be allowed up to 35 inches of water per acre of landscape area per year. Any usage over the allowable amount will be subject to the excess use surcharge(s) described in division (A)(6) of this section. Usage will be calculated on a per individual park basis and shall include municipal and non-municipal water supplies.
(5) Athletic fields will be allowed up to 45 inches per acre of landscape area per year. Any usage over the allowable amount will be subject to the excess use surcharge(s) described in division (A)(6) of this section. Usage will be calculated on a per individual athletic field basis and shall include municipal and non-municipal water supplies.
(6) Any usage over the approved water budget will be subject to the excess use surcharge(s) defined in the Water and Sewer Rate Ordinance as currently adopted or subsequently amended (see Ch. 6, Art. 4), and established by the Mayor's rules and regulations. This surcharge(s) will be calculated on an annual basis and applied to the February water bill for the property. If two different surcharges are defined in the Water and Sewer Rate Ordinance or the Mayor's rules and regulations, the surcharge for excess usage up to 10% of the water budget shall be the lower of the surcharges. The surcharge for excess usage over 10% of the water budget shall be the higher of the surcharges.
(7) For all parks, golf courses and other facilities with greater than ten acres of restricted plants, and developed after the effective date of this section, the owner or developer shall, when available and economically feasible, use reclaimed wastewater, shallow groundwater or other alternative water supplies, as specified by the policies of the Albuquerque Water Resources Management Strategy.
(B)
Planting Restrictions.
(1) All city owned new development other than parks, golf courses, and housing shall use medium and low water use plants on 100% of the landscape area.
(2) All city owned housing and all non-city owned properties other than golf courses shall not use high water use turf or other restricted plants on more than 20% of the landscape area, except that for single family residential properties;
(a) In the event that 20% of the landscape area is greater than 3,000 square feet, high water use turf and other restricted plants shall not be used on more than 3,000 square feet of the landscape area;
(b) In the event that 20% of the landscape area is less than 300 square feet, high water use turf and other restricted plants may be used on up to 300 square feet of the landscape area.
(C) Certain Restrictive Covenants Prohibited.
(1) A property holders' association shall not enforce a provision in a covenant that prohibits or restricts a property holder from:
(a) Removing turf grass and installing xeriscape landscaping in compliance with the restrictions for new development in subsection (B) of this section;
(b) Installing efficient irrigation systems, including underground drip systems; or
(a) Removing turf grass and installing xeriscape landscaping in compliance with the restrictions for new development in subsection (B) of this section;
(b) Installing efficient irrigation systems, including underground drip systems; or
(c) Using rain barrels or other water harvesting devices, provided such devices adequately protect the public's health, safety, and welfare.
(2) A property holders' association may establish criteria for relandscaping to improve water use efficiency but cannot require a higher percentage of high water use turf than allowed in subsection (B) of this section except that it may require that the maximum percentage of high water use turf allowed in subsection (B) of this section be maintained.
(3) A property holders' association may establish criteria regarding type and placement of rainwater collection/harvesting.
(Ord. 18-1995; Am. Ord. 1-1998; Am. Ord. 24-1998; Am. Ord. 13-2004; Am. Ord. 41-2004; Am. Ord. 41-2004) Penalty, see § 6-1-1-99
(Ord. 18-1995; Am. Ord. 1-1998; Am. Ord. 24-1998; Am. Ord. 13-2004; Am. Ord. 41-2004; Am. Ord. 41-2004) Penalty, see § 6-1-1-99