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ORDINANCE NO. 5117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE CODE OF THE CITY OF CHANDLER, CHAPTER 52 WATER SERVICES, ARTICLE VI SUSTAINABLE WATER ALLOCATION REGULATIONS, TO ADD HIGH DENSITY RESIDENTIAL, RECLAIMED WATER, AND REDEVELOPMENT REGULATIONS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. That the Chandler City Code, Chapter 52 Water Services, Article VI Sustainable Water Allocation Regulations, is hereby amended to read as follows (additions in ALL CAPS, deletions in strikeout): ARTICLE VI. SUSTAINABLE WATER ALLOCATION REGULATIONS 52-43. Policy established. A. Chandler has finite water resources. B. this THE water allocation policy implemented in this Article will assist the City in maintaining a sustainable water supply for existing and future water users. 52-44. Definitions. A; "Allocate" or "allocation" shall mean the City's act(s) of enumeration ef ENUMERATING water it owns or may own in the future for delivery in its water system for current and future water customers. Allocation of water under this Article VI does not convey any rights to ethers—fer the use ef, ownership, or reservation of such water to any particular customer being served or potentially to be served by the City 's water ' system, “COMMERCIAL” SHALL HAVE THE MEANING PRESCRIBED IN CHAPTER 38 OF THIS CODE. &. "Development entitlements" shall mean approvals by the City of Chandler te autherize-appleations,; under applicable municipal code provisions, including, but not limited to, Chapters 35-and48CHAPTERS 29, 35, 47, 48, 50, 51, 52, AND 53, for development, REDEVELOPMENT, construction and/or installation of improvements, OR MUNICIPAL SERVICES en-specified property. “DWELLING UNIT” SHALL HAVE THE MEANING PRESCRIBED IN CHAPTER 38 OF THIS CODE. Ordinance No. 5117 Page 2 “EMPLOYMENT/OFFICE” SHALL HAVE THE MEANING ASSIGNED TO “OFFICE” IN CHAPTER 38 OF THIS CODE. “HIGH DENSITY RESIDENTIAL” SHALL MEAN A SINGLE-FAMILY OR MULTI-FAMILY DEVELOPMENT CONSISTING OF 12 OR MORE DWELLING UNITS PER ACRE. “HOTEL” SHALL HAVE THE MEANING PRESCRIBED IN CHAPTER 35 OF THIS CODE. “INDUSTRIAL/WAREHOUSE” SHALL HAVE THE MEANING PRESCRIBED IN CHAPTER 38 OF THIS CODE. “MASTER PLAN” SHALL MEAN THE MOST RECENTLY COMPLETED WATER, WASTEWATER, AND RECLAIMED WATER MASTER PLAN, INCLUDING ANY SUPPLEMENT OR AMENDMENT THERETO. DB: “Multiple and large meter users" or "MLM users" shall mean water uses ASSOCIATED WITH THE FOLLOWING LAND USE CATEGORIES: HIGH DENSITY RESIDENTIAL, COMMERCIAL, HOTEL, EMPLOYMENT/ OFFICE, INDUSTRIAL/WAREHOUSE, AND PUBLIC/INSTITUTIONAL, exehiding INCLUDING, BUT NOT LIMITED TO, water meters used solely for HIGH DENSITY residential land use fas-defined in-Chandler-City-Cede Section 38-3), landseapeswater LANDSCAPE WATER METERS, and reclaimed water meters, which: 1. Use more water than the Tier I water use allocation ASSOCIATED WITH THE LAND USE, 2. Use water sufficient to require installation of a 3-inch or greater meter or its equivalent in multiple meters, 3. Require multiple meters on a single parcel that will use more than fifty thousand (50,000) gallons per day (annual average) OR 100,000 GALLONS PER DAY (ANNUAL MAXIMUM PEAK DAY), or 4. Require one or more new meters on a parcel that already has water service SERVICE, and the water use on the parcel is more than fifty thousand (50,000) gallons per day (annual average) OR 100,000 GALLONS PER DAY (ANNUAL MAXIMUM PEAK DAY), OR: 5. RESULT FROM REDEVELOPMENT WHERE THE CHANGE IN USE WILL REQUIRE MORE WATER THAN THE TIER 1 WATER USE ALLOCATION FOR THE NEW USE. “PUBLIC/INSTITUTIONAL” SHALL HAVE THE MEANING ASSIGNED TO “PUBLIC OR QUASI-PUBLIC” IN CHAPTER 38 OF THIS CODE. “REDEVELOPMENT” SHALL MEAN ANY CHANGE IN _ USE, REGARDLESS OF WHETHER THE CHANGE REQUIRES AN APPLICATION FOR A DEVELOPMENT ENTITLEMENT. E, "Tier I water use allocation" shall mean the most recently City Council accepted allocations of water usage assigned to various residential uses as gallons per day (gpd) per dwelling unit and gallons per day (gpd) per one thousand (1,000) square feet of structures developed as non-residential uses. Tier I water use allocations may be periodically updated by the City Council. Ordinance No. 5117 Page 3 E "Tier I water" shall mean water that may be available for allocation based-ea the-water—resource—-management strategy to a MLM user BASED ON THE MASTER PLAN. G; "Tier II water" shall mean water that may be available for purchase BY A MLM USER at a price determined by the City te-adbM-user. H. "Water" shall mean potable water as defined by the Federal Clean Water Act, AND RECLAIMED V WATER AS DEF INED IN CHAPTER 53. 52-45. Applicability. A. The water usage of all water users, other than MLM users who are approved in accordance with Subsection 52-45(BD), arelS limited to the then-existing Tier I water allocation accepted by the City Council iz-accordance swith Subsection 52- 4). B. A RETURN FLOW CREDIT EQUAL TO SEVENTY PERCENT (70%) OF WATER USAGE SHALL APPLY WHEN CALCULATING THE TIER I WATER ALLOCATION FOR A HIGH DENSITY RESIDENTIAL DEVELOPMENT. C. THE TIER I WATER ALLOCATION FOR A MIXED-USE DEVELOPMENT SHALL INCLUDE A SEPARATE CALCULATION FOR EACH LAND USE WITHIN THE DEVELOPMENT. BD. MLM users may only exceed the Tier I water allocation if the Gity,n-its-sele diseretion PUBLIC WORKS AND UTILITIES DIRECTOR specifically grants A Tier II water or Tier III water use aHeeations ALLOCATION in accordance with this Article and through a sustainable water service agreement approved by the City Council and executed by the applicant. E. THE PUBLIC WORKS AND UTILITIES DIRECTOR MAY WAIVE THE REQUIREMENTS OF THIS CHAPTER FOR A WATER USER THAT REQUIRES A NEW METER ON A PARCEL THAT ALREADY HAS WATER SERVICE WHERE THE WATER USE WILL NOT EXCEED THE TIER I WATER ALLOCATION FOR THAT USE. 52-46. Sustainable water service application. A. All MEM WATER users shall submit a sustainable water service application at the—same—time—as—it_submits—its—appHeatiens WHEN SUBMITTING AN APPLICATION for any development entitlements OR PRIOR TO ANY REDEVELOPMENT. Ordinance No. 5117 Page 4 B. The sustainable water service application shall identify the type of water use PROPOSED, the size of the structures in the development OR REDEVELOPMENT, annual and monthly water use, PROPOSED CONSERVATION MEASURES, and the phasing of development OR REDEVELOPMENT AS APPLICABLE, AND ANY OTHER INFORMATION REQUIRED BY THE PUBLIC WORKS AND UTILITIES DIRECTOR. 52-47. City review of sustainable water service applications. A. The Public Works and Utilities Director shall review and may approve A sustainable water service application AFTER CONFERRING WITH THE ECONOMIC DEVELOPMENT DIRECTOR AND THE DEVELOPMENT SERVICES DIRECTOR. B. Tier H and Tier III water allocations determination. 1. The Gity PUBLIC WORKS AND UTILITIES DIRECTOR will determine whether, based on the most recent water—resouree—management—ctratesy MASTER PLAN, the development OR REDEVELOPMENT is eligible for Tier II water and IF SO, how much itis-witing-te-apphytethe development. 2. If the Gity PUBLIC WORKS AND UTILITIES DIRECTOR determines that it-wittnetinake Tier I] water IS NOT available for anyparticular MLM-user A DEVELOPMENT OR REDEVELOPMENT, the MLM user must purchase Tier Ill water, if available, in order to continue with the-appleation—fertand—use entitlements-for its planned development OR REDEVELOPMENT. C. Prierte-installing-any water meters-for-a-MLM user City and. wateruser A MLM USER WHO IS APPROVED FOR THE USE OF TIER II OR TIER III WATER shall enter into a sustainable water service agreement. Conceptsin+the-THE sustainable water SERVICE agreement SHALL include: 1. Valid-for+00-years-fromthe-date-ofissuanee A TERM NOT TO EXCEED 100 YEARS. 2. Determine the approved MLM -user'ssvatertse THE allocation that wittbe IS permitted for the property AND THE SPECIFIC USE subjeettethe-sustainable water-senvice-agreement, 3. Transferrable PROVISIONS FOR TRANSFER to subsequent owners of the real property underlying the development OR REDEVELOPMENT with equivalent water use ONLY upon City approval. 4. Terms and conditions for the purchase of TIER III water resourees necessary for delivery to the development OR REDEVELOPMENT. 5. Other terms and conditions deemed necessary for City to agree to the allocation of Tier II or Tier III water to the development. 6. PROVISIONS FOR ENFORCEMENT OF THE ALLOCATION AND TERMINATION OF THE AGREEMENT FOR REPEATED EXCEEDANCES OR OTHER VIOLATIONS. 7. RECORDING WITH THE MARICOPA COUNTY RECORDER WITHIN 30 DAYS AFTER THE CITY EXECUTES THE AGREEMENT. | / | | | | ' Ordinance No. 5117 Page 5 ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE GUILTY OF A CIVIL INFRACTION PUNISHABLE AS SET FORTH IN SECTION 1-8.7(A) OF CHAPTER 1 OF THIS CODE UNLESS SUCH VIOLATION CAUSES SUCH PERSON TO MEET THE DEFINITION OF “HABITUAL OFFENDER” SET FORTH IN SECTION 1-8.7(B) OF CHAPTER 1, IN WHICH CASE THEY SHALL BE GUILTY OF A CLASS 1 MISDEMEANOR. Section 2. Providing for Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance, or any parts hereof, are hereby repealed. Section 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this day of February, 2025. ATTEST: CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this day of March, 2025. ATTEST: CITY CLERK MAYOR Ordinance No. 5117 Page 6 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5117 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the day of March, 2025, and that a quorum was present thereat. CITY CLERK APPROVED AS TO FORM: 2 CITY ATTORNEY Published in the Arizona Republic on: