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Home My WebLink Aboutordinance.council.015-11 ORDINANCE NO. 15 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR THE DELETION OF THE STORMWATER SYSTEM DEVELOPMENT FEE AND ADDITION OF A STORMWATER FEE -IN -LIEU OF DETENTION WHEREAS the City's Surface Drainage Master Plan identifies deficiencies in the condition and capacity of its existing drainage system, and WHEREAS it is in the City's interest to protect its infrastructure, the environment, and the ecology of the Roaring Fork River from the effects of stormwater runoff, and WHEREAS a combination of enhanced stormwater detention standards and implementation of a voluntary fee -in -lieu of the improved detention requirement will both reduce flooding and generate funds for improving the City's drainage system related to development and redevelopment of property within the boundaries of the City of Aspen. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; Section 1. That Chapter 25.18 of Title 25 of the Municipal Code of the City of Aspen is hereby repealed in its entirety. Section 2. That a new Section 2.12.140 of the Municipal Code of the City of Aspen, Colorado, is hereby added to read as follows: Sec. 2.12.140. Stormwater fees. This Section of the Code sets forth certain fees related to stormwater management as follows: Fee -in -Lieu of Detention: Fee = $70.00 per cubic foot of detention required (a) The fee is based on 100 percent of the estimated cost of constructing a detention facility on -site. The City Engineer at his/her sole discretion may require a certified cost estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be paid in- lieu -of detention. (b) Required detention storage shall be calculated at the rate of 6.20 cubic feet per 100 square feet of impervious area. The City Engineer at his/her sole discretion may require a certified storage volume estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be used for detention volume storage requirements. Section 3. That the following new Chapter 28.03 of Title 28 of the Municipal Code of the City of Aspen, Colorado, is hereby adopted: Chapter 28.03 Stormwater Fees Sec. 28.03.010. Definitions. For the purposes of this Chapter, certain words or phrases are defined as follows: (a) Development. The proposed development creates at least one - thousand (1000) square feet of new impervious area. (b) Redevelopment. The proposed development disturbs at least one - thousand (1000) square feet of the existing impervious area. Sec. 28.03.020. Fee -in -Lieu of Detention. (a) A stormwater fee -in -lieu of detention shall be established which shall be applied and available as an alternative to the construction of on -site detention as required by Sec. 28.02.010 to all properties within the boundaries of the City of Aspen at the time of development or redevelopment of the property. The basis of this fee is set forth in Section 2.12.140. (b) A developer will not have the option to pay a fee -in -lieu of constructing a stormwater detention facility if, in the opinion of the City Engineer, undetained runoff from the development may materially adversely exacerbate an existing problem or may adversely impact a downstream property. Section 4 That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 9 day May, 2011, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25 day of April 2011. 6 -h - ?«t Michel C. reland, ayor ATTEST: Kathryn Ko , City Clerk 9 FINALLY, adopted, passed and approved this / day o . / /• �l Michael C. Irela , Mayor ATT ST: APPROVED AS TO FORM: 44. A i4/ 0'2 %u. 1 Kathryn Kf h , City Clerk h in Worcester, City Attorney Tue, Apr 26, 2011 18:53:57 6457824 0 I a� / S 2 c Il Ad Ticket #5 -,-- / / / Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E-m ANGELA SCOREY Client: Caller: Kathryn Koch City: Aspen _ Receipt State: CO Zip: 81611 Ad Name: 6457824A Original Id: 6457814 Editions: 8ATI /8ATW/ Class: 0990 Start: 05/01/11 Stop: 05/01/11 Color: Issue 1 Copyline: 6457824 atw ORD #15 R ep: AT Legals LEGAL NOTICE Lines: 19 ORDINANCE #15, 2011, PUBLIC HEARING Depth: 1 6 Ordinance #15, Series of 2011. was adopted on first reading at the City Council meeting April 25. Columns: 1 2011. This ordinance, if adopted. repeals stormwater development fees and establishes a Discount: 0.00 fee -in lieu of detention. The public hearing on this Commission: 0.00 ordinance is scheduled for May 9. 2011 at 5 PM. City hall, 130 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice Tax: 0.00 website Total : //www.aspennitkin .corn /Departments /Clerks 9.61 Legal - Notices/ If you would like a copy FAXed or e- mailed to you, Payment 0.00 I call the city clerk's office, 429 -2686. Published in the Aspen Times Weekly on May 1, 2011. [6457824] Ad shown is not actual print size . y A b .? o C 0 ` O r O 'p t w o O p G ti co J �y p N a C. " p G Y r, n . 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