HomeMy WebLinkAboutordinance.council.043-13 ORDINANCE No. 43
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING TITLE 21—STREETS
SIDEWALKS AND OTHER PUBLIC PLACES
WHEREAS, Title 21 needed code amendments to include the Engineering Design Standards
which provide policies and design guidelines to city agencies, design professionals, private developers,
and community groups for residential and commercial development that ensure the public welfare,
preserve the community aesthetic, and promote efficient development within the City limits of Aspen;
and,
WHEREAS, The City wants to ensure that transportation improvements are planned, designed and
constructed to encourage walking,bicycling and transit use while promoting safe operations for all users,
WHEREAS, the City Engineer has recommended approval of the proposed Title 21 — Streets,
Sidewalks and Other Public Places; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO THAT:
Section 1: The following sections of Title 21 —Streets, Sidewalks and Other Public Places, shall read as
follows:
Sec.21.04.050. Occupancy of public right-of-way prohibited without encroachment license;application
fee; appeals.
(a) No person shall occupy,construct,place or maintain within any public right-of-way any
building,structure or appurtenance,fence,tree,vegetation or other obstruction without first having obtained an
encroachment license from the City Engineer. Any person seeking an encroachment license must submit an
application on forms provided by the City Engineer,accompanied by an administrative fee in an amount
prescribed by Subsection 2.12.050(e)of this Code. The City Engineer may specify the terms and conditions
under which any encroachment license is to be issued so as to protect the best interests of the City. All
encroachment licenses granted under this Section whether delineated as temporary or permanent shall be
revocable by the City with or without cause at any time.
(b) Any person aggrieved of a decision by the City Engineer under this Section may seek an appeal of
the same 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. All appeals must be submitted in writing to the City Engineer within
fifteen (15) days of the decision being appealed from. The City Engineer shall promptly forward all appeals
to the Administrative Hearing Officer, which shall schedule and conduct a hearing thereon within thirty (30)
days. The Administrative Hearing Officer shall utilize the following standards in determining whether to
affirm,reverse or modify the decision of the City Engineer:
(1) Whether the requested encroachment is the minimum encroachment necessary to make
possible the reasonable use of the parcel,building or structure in question.
(2) Whether denial of the encroachment would cause the applicant unnecessary hardship or
practical difficulty.
(3) Whether there are special circumstances or conditions which are unique to the parcel,building
or structure in question which are not applicable to other parcels,buildings or structures.
All decisions of the Administrative Hearing Officer under this Section shall be reduced to writing.
(c) Nothing contained in this Section shall be construed to apply to improvements or activities
undertaken within a public rights-of-way by the City, its employees or agents, the placement of temporary
safety barricades or structures around excavations, construction within a public right-of-way or the placement
of other devices or structures that may be required to be placed in a public right-of-way by reason of state or
federal law or regulation of Section 21.04.060 below. (Code 1971, §19-5;Ord.No. 30-1975,§1; Ord.No. 68-
1975, §1;Ord.No. 41-1985, §1; Ord.No. 11-1992, §1; Ord.No. 77-1992, §8;Ord.No. 15,2007, §1. Ord.No.
31-2008)
Chapter 21.12
CONSTRUCTION AND EXCAVATION WITHIN PUBLIC RIGHT-OF-WAY
Sec.21.12.010. Permit required.
It shall be unlawful for any person to undertake any construction or repair within or dig up,open,disturb,
grade,excavate,or otherwise alter any public right-of-way or use,occupy,or stage construction materials in
any public right-of-way in the City without first having obtained a permit or license for such work from the
City Engineer. A separate permit shall be required for each construction or excavation project. New and
existing structures should be able to accomplish their various needs within the confines of their property
boundaries and required setbacks. All right-of-way permit and encroachment license applications shall
comply with the most current edition of the Engineering Department's construction and excavation standards
along with the design standards for work in the public rights-of-way. All encroachment licenses granted under
this Section whether delineated as temporary or permanent shall be revocable by the City with or without cause
at any time.
(Code 1971, §19-46;Ord.No. 30-1975, §1; Ord.No. 11-1977, §1; Ord.No. 20-1990, §1; Ord.No. 15,
2007, §2;Ord. 31-2008)
Sec.21.12.070. Conditions and special requirements for issuance.
Permits under this Chapter shall be issued subject to all the regulations and specifications in Sections
21.12.120 through 21.12.390 of this Chapter, the City's construction and excavation standards, the engineering
design standardsand any special requirements that the City Engineer deems necessary in order to maintain the
health, welfare, safety and convenience of the public. (Code 1971, §19-52; Ord. No. 30-1975, §1; Ord. No.
11-1977, §1; Ord. No. 20-1990, §1; Ord.No. 15,2007, §2)
Sec.21.12.240. Select backfill.
All excavations, cuts, openings or trenches shall be backfilled with imported material unless native
material is approved by the City Engineer(see construction and excavation standards and engineering design
standards).
All trenches shall have a granular subbase or flowable backfill material, free from organic matter and
lumps or balls of clay, consisting of hard, durable particles or fragments of stone or gravel and a filler of sand
or other finely divided mineral matter. Subbase material shall be compacted and placed in lifts compliant with
City standards (see construction and excavation standards and engineering design standards). (Code 1971,
§19-78; Ord. No. 30-1975, §1; Ord.No. 11-1977,§1;Ord.No.20-1990, §1;Ord.No. 15,2007, §2)
Sec.21.12.290. Compliance required.
Any work performed which is not in strict conformity with this Chapter shall, within ten (10) days after
notice to the owner or person who performed the work, be made to conform to this Chapter at the expense of
the owner or responsible party, or the same shall be corrected or removed by the City at the expense of the
owner or responsible party (see construction and excavation standards and engineering design standards).
(Code 1971, §19-83; Ord. No. 30-
1975, §1;Ord.No. 11-1977, §1;Ord.No. 15,2007, §2)
Sec.21.12.340. Repaving.
In the case of excavations requiring repaving, the permittee shall follow all applicable City standards.
The City Engineer shall have sole discretion concerning the quality and acceptance of a paved improvement.
No certificate of occupancy shall be issued for a project that has unacceptable paved improvements or patches
(see construction and excavation standards and engineering design standards). (Code 1971, §19-88; Ord. No.
20-1990, §2; Ord. No. 15, 2007,
§2)
Sec.21.12.360. As-built drawings required.
After completion of an approved project, the applicant shall furnish a mark-up of the map showing all
utilities encountered during the excavation, their size, identification and location, based on swing ties to fixed
monuments such as manholes, streetlights, curbs and their depths below the surface of the street, alley or
sidewalk area. This mark-up shall also identify any new improvements made to the area, including but not
limited to utility connections, sidewalks, driveways, etc. These as-builts may also be submitted in a digital
format acceptable to the Engineering Department. (Code 1971, §19-90; Ord. No. 20-1990, §2; Ord.No. 54-
1995,§5;Ord.No. 15,2007, §2)
Sec.21.16.020. Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with the City's construction
and excavation standards along with the engineering design standards for the same on file in the office of the City
Engineer. Any sidewalk, driveway, curb and gutter construction that does not comply with the standards set
forth by the Engineering Department, at the sole determination of the City Engineer, shall be replaced with
compliant construction. (Code 1971, §19-97;Ord.No. 30-1975,§1;Ord.No. 15,2007, §3)
Sec.21.16.030 Construction of sidewalk,curb and gutter required for all construction in certain
districts.
The Building Inspector shall not issue a certificate of occupancy or certificate of completion for any
construction unless sidewalk, curb and gutter have been constructed as required by the engineering
design standards. (Code 1971, §19-98;Ord.No.30-1975,§1; Ord.No.27-1982, §2;Ord.No. 15,2007,
§3)
Editor's note—It should be noted that current Title 26 does not contain zones designated as L-1 and L-2.
Sec.21.16.060 Driveway and curbcut specifications.
All driveway and curbcut plans shall conform to City standards (see construction and excavation
standards and engineering design standards).
No driveway or curbcut shall be allowed on State Highway 82 or other designated arterial where public
alley access exists,anything to the contrary notwithstanding.
Editor's note—It should be noted that current Title 26 does not contain zoning designated as R-40,L-1,L-2,O,0-2. It should also be noted that there
are no zone districts(L-1)or(L-2);cross references have been changed accordingly to(L)Lodge.
Sec.21.16.070. Variations in driveways and curbcuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, existing landscaping or improvements on City rights-
of-way, existing buildings or improvements on private property or special use requirements for the property, a
variance from the requirements in Section 21.16.060 above for driveways and curb cuts may be given by the
City Engineer upon filing a written application and a plot plan showing the building site and special
conditions existing thereon. Any person aggrieved of a decision by the City Engineer under this Section
may seek a variance from the Administrative Hearing Officer pursuant to the procedures set out
in Chapter 26.108 of this Code except to the extent set forth herein. (Code 1971, §19-102; Ord. No. 30-1975,
§1; Ord. No. 76-1990, §3; Ord. No. 15, 2007,
§3)
Chapter 21.26
COMPLETE STREETS
Sec.21.26.010. Purpose.
To ensure that all residents and visitors of Aspen can safely walk,bicycle and have easy access to transit
as part of their daily routine.
To improve quality of life and community character by minimizing and mitigating the impacts of vehicle
traffic on residents and visitors.
To support the City's environmental stewardship goals of improving air quality, lowering greenhouse
gas emissions,reducing noise and increasing renewable energy use.
To ensure the safety of motorists.
Sec.21.26.020. Principals.
The following guiding principles are to ensure that transportation improvements are planned, designed
and constructed to encourage walking,bicycling and transit use while promoting safe operations for all users:
(a) Plan for, design and construct all new transportation improvement projects to provide appropriate
accommodation for pedestrians,bicyclists,transit riders,and persons of all abilities,while promoting
safe operation for all users.
(b) Operate and maintain the transportation network to improve travel conditions for bicyclists,
pedestrians, transit, and motorists in a manner consistent with, and supportive of, the surrounding
community;
(c) Improvements will include an array of facilities and amenities including: street and sidewalk
lighting; pedestrian and bicycle safety improvements; intersection improvements; access
improvements, including compliance with the Americans with Disabilities Act; public transit
facilities accommodation including, but not limited, to pedestrian access improvement to transit
stops and stations;street trees and landscaping;drainage;and street amenities;
(d) Implement these policies with a master plan approach recognizing that all streets are different and in
each case user needs must be balanced
Sec.21.26.030. Evaluation of New Projects.
The Pedestrian and Bike Safety Team ( which consists of various internal departments including
Engineering, Police, Parking, Streets, Asset, Environmental Health, and Transportation departments) will
provide input as to how pedestrians,bicycles and transit use can be accommodated.This will include but not be
limited to street and sidewalk lighting;pedestrian and bicycle safety improvements;intersection improvements;
access improvements, including compliance with the Americans with Disabilities Act; public transit facilities
accommodation including,but not limited,to pedestrian access improvement to transit stops and stations; street
trees and landscaping;drainage;and street amenities.
After a new project, improvement or recommendation is implemented, staff will evaluate its impacts
which may include issues such as: traffic speeds; traffic diversion onto other streets; pedestrian or bicycle
conflicts or other issues. Any unacceptable impacts will be identified and evaluated with recommendations
made to correct problems.
Section 2: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3: Severability.
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 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become
effective thirty(30)days following final passage.
Section 5•
A public hearing on this ordinance shall be held on the R day of 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen,
Colorado,a minimum of fifteen days prior to which hearing a public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the b�--dday of O (; ; ,2013.
Attest:
P
Kathryn S.Koch,City Clerk Steven Skad on,Mayor
FINALLY,adopted,passed and approved this IL day of 2013.
Attest:
Kathryn S.Koch,City Clerk Steven Skadron,Mayor
Approved as to form:
City Attorney