HomeMy WebLinkAboutordinance.council.009-2020 ORDINANCE NO. 09
Series 2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES
TO UPDATE CHAPTER 25.30 ENTITLED: WATER EFFICIENT LANDSCAPING
STANDARDS.
WHEREAS, the City owns and operates a public water system; and
WHEREAS, implementation of Aspen's water efficient landscaping standards will fulfill
certain recommendations identified in the City of Aspen's Municipal Water Efficiency Plan, the
Roaring Fork Regional Efficiency Plan, and the Roaring Fork Watershed Plan; and
WHEREAS, water conservation and efficiency has been identified as an important
component of Aspen's Integrated Water Supply System; and
WHEREAS, the Water Efficient Landscaping Standards, as adopted by City Council on
May 22, 2017, Ordinance #16, Series 2018, provide policies, guidelines, and minimum
landscaping design, installation,maintenance,and management criteria to governmental agencies,
design professionals, private developers, community groups, and homeowners for new
development and significant remodels; and
WHEREAS, staff has made enhancements to existing Water Efficient Landscaping
Standards based on community and staff input and requests adoption of modified Standards and
Ordinance; and,
WHEREAS, these standards promote efficient development and use of water within the
City of Aspen's water service area; and,
WHEREAS, the City Council finds that this ordinance furthers, and is necessary for, the
promotion of the public health, safety, and welfare.
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Sec. 25.30.030. - Applicability.
(a) After June 22,2017,the City of Aspen Water Efficient Landscaping standards shall apply to
the following projects that use City of Aspen potable water:
(1) Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc.
that has a disturbance area greater than one thousand(1,000) square feet and greater than
twenty-five percent (25%) of the entire lot or parcel.
(2) All building permits that trigger a "substantial remodel" per Title 25 of the Municipal
Code, defined as the increase by fifty percent(50%) or more in the water using capacity
of new water using devices or fixtures installed on a property, as measured by the ECU
rating of the existing and proposed structure(s)..
(Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018 ; Ord. No. 28-2018 )
Sec. 25.30.040. -Review Authority.
Utilities Director, or designee, is authorized to make and enforce the rules and regulations
contained in the Water Efficient Landscaping Standards in order to carry out the intent of the
standards and this Chapter.
Where no specific or applicable rules, regulations, or standards appear to be set forth in the
Water Efficient Landscaping Standards, other rules, regulations, or standards, and recommended
practices, as published by professional associations, technical organizations, model code groups,
and similar entities, may be used by the City for guidance.
( Ord. No. 16-2017 ; Ord. No. 28-2018 )
Sec. 25.30.050. -Review Procedure.
(a) Review Process. The Utilities Director 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 Efficient Landscaping Standards.
Sec. 25.30.060. - Variances.
(a) The City may grant variances to the Water Efficient Landscaping Standards when practical
difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and
intent of the standards.
(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 City Utilities Director. Variance requests must, at a minimum, contain the following:
(1) Criteria under which the applicant seeks a variance;
(2) Justification for not complying with the standards;
(3) Proposed alternate criteria or standards to comply with the intent of the criteria;
(4) Supporting documentation, including necessary calculations;
(5) The proposed variance's potential adverse impacts for adjacent landowners; and,
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Deposit Schedule for Landscaping and Irrigation
Project cost estimate Deposit
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{
$0-50,000 50%
$50,000-100,000 25%
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Over$100,000 15%
(Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.30.090. -Appeals.
(a) Initiation. An applicant aggrieved by an order, requirement, decision, or determination of
the City Utilities Director may file an appeal with the Administrative Hearing Officer,
pursuant to the procedures set out in Chapter 26.316 of this Code except to the extent set forth
herein. The notice of appeal shall be filed with the City Utilities 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 Section 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 City Utilities 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 ofAppeal. 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 City Utilities 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.
( Ord. No. 16-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Editor's note—Ord. No. 24-2019 , § 1, adopted Nov. 26, 2019, added a new § 25.30.080 and in
doing so renumbered former § 25.30.080 as § 25.30.090, as set out herein.
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Nicole Henning, City Clerk Aspen Torre, Mayor
Approved as to form:
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James R. True, City Attorney
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