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HomeMy WebLinkAboutordinance.council.015-19 ORDINANCE NO. 15 (Series 2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 25 OF THE ASPEN MUNICIPAL CODE TO ADD CHAPTER 25.06, ADOPTING WATER DISTRIBUTION STANDARDS AND AMENDING CHAPTER 25.08. WHEREAS, the City of Aspen has published Water Distribution Standards which provide policies, design, and construction guidelines to design professionals, contractors, private developers, governmental agencies, and community groups; and, WHEREAS, Water Distribution Standards strive to maintain the public welfare, ensure safe and reliable water service for all customers, and promote efficient development within the City of Aspen's water service area; and, WHEREAS, City of Aspen Water Distribution standards and regulations are currently referenced throughout Title 25 of the City of Aspen Municipal Code, but the City has not formally adopted the Water Distribution Standards; and, WHEREAS, the City Council finds that the adoption of Water Distribution Standards is authorized by the Home Rule Charter of the City of Aspen and is necessary in the interest of the public health, safety, and welfare; and, WHEREAS, the City Council finds that the amendment of Chapter 25.08 as set forth below is authorized by the Home Rule Charter of the City of Aspen and is necessary in the interest of the public health, safety, and welfare NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: The Municipal Code of the City of Aspen, Colorado, is hereby amended by adding Chapter 25.06 to Title 25, which said Chapter reads as follows: TITLE 25. WATER DISTRIBUTION STANDARDS Chapter 25.06 25.06.010 Purpose and Intent The purpose of this Chapter is to ensure development in the City of Aspen meets minimum standards for working with potable, reuse, and raw water. It is the City's intent to establish Water Distribution Standards that will ensure the public health, safety and welfare, within the City of Aspen Water Utility service area. 25.06.020 Adoption of Water Distribution Standards. Pursuant to the powers and authority conferred by the Home Rule Charter of the City of Aspen, there is hereby adopted and incorporated herein by reference as if fully set forth those standards contained in the Water Distribution Standards, as may be amended from time to time by City Council Resolution. At least one (1) copy of the Water Distribution Standards shall be available for public inspection at the City Clerk's Office, the Water Department, the Engineering Department, and the City of Aspen's website. 25.06.030 Applicability This Chapter applies to all planning, design, construction, development, redevelopment, and modifications and additions to any water distribution component within the City of Aspen Water Utility service area. Unless specifically exempted, the provisions of this Chapter shall supplement any and all existing laws and shall apply to all persons, without restriction, and to conditions arising after the adoption thereof, to conditions not legally in existence at the time of adoption of this title, and to conditions which, in the opinion of the water superintendent or designee, constitute a distinct hazard to life or property. The Water Distribution Standards provide policies and design guidelines to city agencies, design professionals, private developers, and community groups for residential and commercial development that will ensure the public health, safety and welfare within the City limits of Aspen. The City of Aspen shall use the policies, criteria and information including specifications and standards in the latest edition of the Water Distribution Standards for the proper implementation of the requirements of this Title. The Water Distribution Standards may be periodically amended as necessary to provide additional clarity or to reflect procedural revisions or changes in construction or engineering practices. Such revisions to these standards or requirements may consist of either"procedural" revisions or"technical" revisions. Any other amendments to the Water Distribution Standards shall be adopted by City Council Resolution. Examples include revisions that are considered major changes, changes in law and changes that will cause significant increased cost or controversy. 25.06.040 Review Procedure A. Review Process. The City Utilities Director or his or her designee shall have the authority on behalf of the City of Aspen to determine that all design and construction is completed to a level that is equal to or exceeds the requirements set forth in this Chapter and the Water Distribution Standards. 25.06.050 Variances A. The City may grant variances to the Water Distribution Standards when practical difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of the construction standards. These issuances shall not compromise the operation or safety of the potable water distribution system. B. Requests for variances from the standards, policies, or submittal requirements of this document shall be submitted in writing with appropriate documentation and justification to the Deputy Director of Utilities. Variance requests must, at a minimum, contain the following: 1. Benefit to the City of Aspen and the existing water system and customers. 2. Criteria under which the applicant seeks a variance. 3. Written justification for non-compliance with the standards, cost is not a compelling reason for a variance. 4. Proposed alternate criteria or standards to comply with the intent of the criteria. 5. Supporting documentation, including necessary calculations. 6. The proposed variance's potential adverse impacts for adjacent landowners. 7. An analysis of the variance request signed and stamped by a Professional Engineer who is licensed in Colorado. C. Expiration. Except as otherwise established in this Title or through vesting of a site specific development plan pursuant to Title 26, a variance granted under this Chapter shall automatically expire after twelve (12) months from the date of approval unless a building permit application submittal is accepted by the Chief Building Official. The City Utility Director may grant an extension to an approved variance. All requests for extensions must be submitted prior to the expiration of the variance, must demonstrate good cause showing the extension is necessary, and must demonstrate that the circumstances for granting the variance are still applicable. D. Appeals. An applicant may appeal a variance decision pursuant to Section 25.06.050, Appeals. 25.06.050 Appeals A. Initiation. An applicant aggrieved by an order, requirement, decision, or determination of the City Utilities Director("Director") may be appealed to the Administrative Hearing Officer, pursuant to the procedures set out in Chapter 26.108 of this Code except to the extent set forth herein. The notice of appeal shall be filed with the Director within fifteen (15) days following the date of such order, requirement, decision, or determination. The notice of appeal shall state in detail the action appealed, the grounds for the appeal, and the relief sought. Failure to file such a notice of appeal within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal any order, requirement, decision, or determination. B. Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Director certifies in writing to the Administrative Hearing Officer that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The Administrative Hearing Officer may review such certification and grant or deny a stay of proceedings. C. Timing of appeal. The Administrative Hearing Officer shall consider the appeal within thirty (30) days following the date of filing the notice of appeal, or as soon thereafter as is practical under the circumstances. D. Action by Administrative Hearing Officer. The Administrative Hearing Officer shall review the record of the action taken by the Director and provide a decision to the Applicant in writing. The Administrative Hearing Officer may reverse or affirm wholly or partly the order, requirement, decision or determination appealed from and shall enter such order, as they deem appropriate under the circumstance. Section 2: Sec. 25.08.090 shall be amended with the addition of the following: (f) Commercial agricultural uses shall be limited to a maximum of I ECU of potable water without the prior express written consent of the City Manager. Section 3: 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 constructed and concluded under such prior ordinances. Section 4: 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 effective validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the 22nd day of July 2019, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council ofthe City of Aspen on the 24,day of.lune 2019. Torre, Mayor M�TTESTz r! Linda Manning, City Cler Z FINALLY adopted, passed and approved this day of A4 JC4 . 2019 Torr , Mayor ATTEST: Linda Manning, City Clerk Approved as to form: mes R True, City Attorney