HomeMy WebLinkAboutordinance.council.016-2022RECEPTION#: 692162, R: $173.00, D: $0.00
ORDINANCE NO. 16 DOC CODE: ORDINANCE
Series 2022 Pg 1 of 33, 12/20/2022 at 09:41:53 AM
Ingrid K. Grueter, Pitkin County, CO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND
ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES—
SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE — GENERAL PROVISIONS;
25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; AND 25.30 WATER EFFICIENT
LANDSCAPING STANDARDS.
WHEREAS, the City owns and operates a public electric and water system; and
WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water
system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such
services; and
WHEREAS, the City Council supports electric and water rate structures that place a value on, and
incentive for, conservation and efficiency programs, policies, and improvements; and
WHEREAS, the City Council supports policies and goals for the equitable access and allocation of
finite resources for all customers; and
WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream
and ultimately support the ever-increasing costs of utility operation, long-range planning, resource
development, and sustainability programing.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Utilities,
is hereby amended, and added to, to read as follows:
Sec. 25.04.035. Electric Community Investment Fee.
The Electric Department must expand the electric system facilities to accommodate new development
without decreasing current reliability and service standards. The Electric Department distributes electricity to the
customers in its service area by means of an integrated and interdependent system -wide network of electric
facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new
development and expansion of existing services within the service area as measured at breaker size at meter. If
breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below.
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:41 [EST]
Page 1 of 33
The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities
needed to deliver electric services to new or expanded services. Effective January 1, 2023, all residential,
commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows:
ECI Residential
ECI Commercial
Panel Amps
1 Phase
120/240V
3 Phase
120/208V
1 Phase
120/240V
3 Phase
120/208V
3 Phase
277/480V
100
$1,726
$3,451
$4,602
$5,175
$11,943
200
$3,452
$6,901
$9,205
$10,351
$19,905
300
$6,904
$11,215
$13,807
$15,526
$35,830
400
$9,205
$14,953
$18,410
$20,702
$47,773
600
$15,034
$24,423
$30,068
$33,811
$78,026
800
$20,045
$32,563
$40,090
$45,082
$104,035
1000
$25,056
$40,704
$50,113
$56,352
$130,043
1200
$30,068
$48,845
$60,136
$67,622
$156,052
1400
$35,079
$56,986
$70,158
$78,893
$182,060
1600
$40,090
$65,127
$80,181
$90,163
$208,069
1800
$45,102
$73,268
$90,203
$101,434
$234,078
2000
$50,113
$81,409
$100,226
$112,704
$260,086
2200
$55,124
$89,549
$110,249
$123,974
$286,095
2400
$60,136
$97,690
$120,271
$135,245
$312,104
2600
$62,842
$102,086
$125,683
$141,331
$326,148
2800
$65,670
$106,680
$131,339
$147,691
$340,825
3000 and above
$68,625
$111,481
$137,249
$154,337
$356,162
( Ord. NO 27-2017 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1,
11-23-2021)
Sec. 2S.04.037 Fees for distributed energy systems attached to Aspen Electric.
(a) All projects on properties within the City of Aspen Electric Utility service area that require staff and/or
engineering review or that will add distributed energy systems that could include battery storage are subject
to electric development review fees prior to issuance of a city electric permit. No solar photovoltaic and/or
battery storage systems will be allowed to connect to City of Aspen Electric service without a signed
Interconnection Agreement.
(b) The electric development review fee shall be as set forth in subsection (c) of the section.
(c) Electric Development Review Fees. Effective January 1, 2023, utility staff review fees for distributed energy
systems are:
System Size in kW
Distributed Energy System Only
Distributed Energy System and Battery
Storage
< 15 kW
$165.00
$1,100.00
15 kW and up
$550.00
$1,100.00
(Ord. No. 20-2021, § 1, 11-23-2021)
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:41 [EST]
Page 2 of 33
Sec. 25.04.040. Electric service rates.
(a) Effective in the January 2023 monthly billing, all residential, commercial and city facilities customers of the
Aspen Electric Department shall pay a monthly customer availability charge as follows:
AMP Size
Standard
Residential
Customer
Senior
Residential
Customer -
70%
Small
Commercial
Customer
Large
Commercial
Customer
100 AMP
$23.18
$16.23
$30.72
$28.27
200 AMP
$45.12
$31.58
$59.20
$52.27
300 AMP
$100.21
$70.15
$96.86
$83.36
400 AMP
$146.07
$102.25
$140.89
$120.17
600 AMP
$257.68
$180.38
$248.04
$211.50
800 AMP
$388.45
$271.91
$373.57
$319.88
1000 AMP
$541.10
$378.77
$520.11
$444.41
1200 AMP
$706.43
$494.50
$678.83
$583.87
1600 AMP
$1,087.90
$761.53
$1,045.04
$897.44
1800 AMP
$1,295.11
$906.58
$1,243.96
$1,076.13
2000 AMP
$1,526.20
$1,068.34
$1,465.80
$1,267.39
2200 AMP
$1,785.65
$1,249.96
$1,714.99
$1,482.85
2400 AMP
$2,089.21
$1,462.45
$2,006.54
$1,734.93
2600 AMP
$2,444.38
$1,711.07
$2,347.65
$2,029.87
2800 AMP
$2,859.93
$2,001.95
$2,746.75
$2,374.95
3000 AMP
and above
$3,346.11
$2,342.28
$3,213.70
$2,778.69
(b) In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours
(kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as
follows:
AMP
Usage
Per
Additional
Per
Additional
Per
Remaining
Per
Size
Up To
KWh
Usage Up
KWh
Usage Up
KWh
Usage
KWh
To
To
Over
100
400
$0.0873
1,080
$0.1309
1,920
$0.2023
1,920
$0.3576
AMP
200
520
$0.0873
1,360
$0.1309
2,800
$0.2023
2,800
$0.3576
AMP
300
1,600
$0.0873
3,600
$0.1309
6,160
$0.2023
6,160
$0.3576
AMP
400
1,600
$0.0873
3,600
$0.1309
6,160
$0.2023
6,160
$0.3576
AMP
600
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
800
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:41 [EST]
Page 3 of 33
1000
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
1200
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
1600
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
1800
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
2000
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
2200
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
2400
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
2600
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
2800
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
3000
2,800
$0.0873
5,440
$0.1309
8,800
$0.2023
8,800
$0.3576
AMP
and
above
(c) Effective January 1, 2019, all electric accounts that service 5 or more individual units shall be considered a
small commercial customer and shall have rates associated with a small commercial account rather than a
residential account. Additionally, all commercial accounts that do not meet the requirements for large
commercial designation shall be considered small commercial accounts, which includes previous class of
small commercial city facilities customers and current and future Electric Vehicle charging stations. In
addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt-
hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate
as follows:
AMP
Usage
Per
Additional
Per
Additional
Per
Remaining
Per
Size
Up To
KWh
Usage Up
KWh
Usage Up
KWh
Usage
KWh
To
To
Over
100
880
$0.0946
2320
$0.1183
4800
$0.1776
4800
$0.2841
AMP
200
1280
$0.0946
3120
$0.1183
5760
$0.1776
5760
$0.2841
AMP
300
3360
$0.0946
7120
$0.1183
12240
$0.1776
12240
$0.2841
AMP
400
3360
$0.0946
7120
$0.1183
12240
$0.1776
12240
$0.2841
AMP
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 4 of 33
600
6560
$0.0946
13200
$0.1183
18400
$0.1776
18400
$0.2841
AMP
800
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
1000
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
1200
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
1600
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
1800
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
2000
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
2200
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
2400
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
2600
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
2800
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
3000
13600
$0.0946
28000
$0.1183
44800
$0.1776
44800
$0.2841
AMP
and
above
(d) In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
large commercial customer, which includes previous class of large commercial city facilities customers and
current and future Electric Vehicle charging stations, (with operable demand metering systems in place and
measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that
meter reading cycle. To qualify for the large commercial rate, accounts must meet or exceed 40kW peak
monthly demand a minimum of 7 out of 12 months in both of the last 2 years.
AMP Size
Usage
Up To
Per KWh
Remaining
Usage Over
Per KWh
Demand
Charge on
Customer
Peak kW
100 AMP
23200
$0.0644
23200
$0.0805
$20.82
200 AMP
23200
$0.0644
23200
$0.0805
$20.82
300 AMP
23200
$0.0644
23200
$0.0805
$20.82
400 AMP
23200
$0.0644
23200
$0.0805
$20.82
600 AMP
23200
$0.0644
23200
$0.0805
$20.82
800 AMP
23200
$0.0644
23200
$0.0805
$20.82
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:41 [EST]
Page 5 of 33
1000 AMP
23200
$0.0644
23200
$0.0805
$20.82
1200 AMP
23200
$0.0644
23200
$0.0805
$20.82
1600 AMP
23200
$0.0644
23200
$0.0805
$20.82
1800 AMP
23200
$0.0644
23200
$0.0805
$20.82
2000AMP
23200
$0.0644
23200
$0.0805
$20.82
2200 AMP
23200
$0.0644
23200
$0.0805
$20.82
2400 AMP
23200
$0.0644
23200
$0.0805
$20.82
2600 AMP
23200
$0.0644
23200
$0.0805
$20.82
2800 AMP
23200
$0.0644
23200
$0.0805
$20.82
3000 AMP
and above
23200
$0.0644
23200
$0.0805
$20.82
(e) In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, an
alternative customer rate shall be available for new deed -restricted, residential properties with electric heat
and built-in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal
Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to
deed -restricted residential electric accounts that have been reviewed and approved as a qualifying
residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
AMP Size
Usage Up
To
Per KWh
Additional
Usage Up
To
Per KWh
Additional
Usage Up
To
Per KWh
Remaining
Usage
Over
Per KWh
100 AMP
800
$0.0873
2,100
$0.1309
2,600
$0.2023
2,600
$0.3576
200 AMP
1100
$0.0873
2800
$0.1309
4000
1 $0.2023
4000
$0.3576
300 AMP
3200
$0.0873
7200
$0.1309
8600
1 $0.2023
8600
$0.3576
(Code 1971, § 23-18.1; Ord. No. 42-1984, § 1; Ord. No. 76-1992, § 1; Ord. No. 36-1996, § 1; Ord. No. 41-2004, § 1;
Ord. No. 7-2006, § 1; Ord. No. 37-2008 ; Ord. No 29-2011 ; Ord. No. 36-2011 ; Ord. No. 37-2014, § 1 ; Ord. No. 44-
2015 , Ord. No. 38-2016 , Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-
2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.04.046. Property owners financially liable for unpaid utility charges and fees.
On city electric accounts that are ninety (90) days or more past due with the named customer being a tenant
at the subject premise, city reserves the right to revert such electric account into the owner's name and from that
point forward owner shall be the responsible party on subject electric account.
In situations where unpaid electric utility charges and fees remain on a finaled owner or tenant account, the
current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after
the transfer of previous owner or tenant.
(Ord. No. 20-2021, § 1, 11-23-2021)
(Supp. No. 3, Update 3)
CrPatrd: 7077-07-19 14:49:41 [FST]
Page 6 of 33
Sec. 25.04.047. Electric Utility Advanced Metering Infrastructure (AMI).
(1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 energy consumption information
for both the city electric customer and the utility billing staff, which can be used for troubleshooting usage issues,
account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or
business each month to read the meter, thus improving operational efficiency and providing customers with near
real-time energy use information.
(2) Except as expressly provided in this Chapter, all electric service shall be metered and with meters
utilizing AMI technology. As of January 1, 2023, the City of Aspen Electric Department will require AMI technology
in all electric meters used or installed by its account owners, except as expressly provided herein.
(3) Residential account owners have the option to "opt -out" of upgrading to a meter with AMI technology
and utilize a non -communicating electric meter for a monthly fee. AMI Opt -Out requests shall be made in writing
using the forms prescribed by the City of Aspen Electric Department. Opt -out requests may only be made by the
owner of record listed on the property's City of Aspen Electric Department account. The property owner shall be
responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements.
(4) Residential customers and account owners that have experienced meter tampering/manipulation,
unauthorized electric connections/use, have a past -due balance at the time of opt -out request, or have been
disconnected for non-payment will not be eligible to opt -out of their AMI meter installation. Commercial, Solar,
and common HOA accounts are not eligible to opt out of AMI.
(5) Residential account owners that have opted -out of utilizing a meter with AMI technology will be
assessed a monthly opt -out fee of $35.00 per meter on the next monthly utility bill and each monthly bill
thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual
meter reading software system. City electric account owners may cancel their opt -out status at any time and the
monthly $35.00 fee will be discontinued on their electric account starting with the next monthly bill run cycle.
(6) Residential electric account owners that have not received approval by the Utilities Department
Director to opt -out of the AMI technology and have not upgraded to a meter with AMI technology on or before
January 1, 2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each
monthly bill thereafter until the account owner for that electric meter comes into compliance. .
Sec. 25.08.020. Powers and duties generally of the Water Superintendent.
(a) The Superintendent shall, under the direction of the City Manager, have charge of all facilities of the water
utility and it shall be his or her duty to supervise the water utility and maintain and control the same as
directed by the City Manager and as provided in this Chapter.
(b) The Superintendent shall have control of the laying of all water mains. The Superintendent shall have the
general supervision of the putting in of all utility connections, service pipes or other connections with the
water mains and the regulation of the water supply to all users of water. He or she shall also have charge of
and be responsible for all tools, machinery, pipes, meters, fixtures, plumbing materials and all other
appliances owned by the City or used by it in the maintenance and operation of the water utility and shall
keep account of all such material and the manner in which the same is used, kept or disposed of.
(c) It is hereby made the duty of the Director to manage the water purification plants and other water utility
properties; to periodically report to the City Manager of his or her activities as director and of the condition
of the water utility; and to make such suggestions concerning the same as the nature of the service may
require.
Created: 2022-07-19 14:49:42 [E57]
(Sapp. No. 3, Update 3)
Page 7 of 33
(d) It shall be the duty of the Superintendent to keep all fire hydrants in repair and test the same frequently to
see if the same are in order and he or she may let water from the hydrants whenever it shall be necessary for
the testing of the condition of the waterworks or for purifying the water or for the repairing of the water
utility or for watering the trees in extreme need.
(e) The Water Department shall install, maintain, and operate special hydrants and fill stations for street
washing, construction works or other lawful purposes. The Water Department may grant permission to any
person to draw water from these special hydrants and fill stations. All water drafted for such purposes shall
be assessed in accordance with applicable rates prescribed by this Chapter. The Water Department shall not
grant permission for drafting of water from fire hydrants for street washing, construction, and other such
uses except in cases of extreme need.
(Code 1971, § 23-37; Ord. No. 27-1985 , § 1; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.08.060. Definitions.
The following definitions shall apply under this Chapter concerning water service:
Annual water budget means those direct and indirect expenditures and costs, including debt service,
required to provide water service in the coming year, as documented in the annual budget.
Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of this Code or by
Pitkin County, Colorado pursuant to County building regulations.
Carriage of untreated water rights means those rights held by a water user other than the City of Aspen and
conveyed through a ditch, pipeline or other series of water conveyance facilities owned and/or operated by the
City of Aspen. Rates charged for conveyance of this water are referred to as "carriage" rates for raw water.
Comprehensive water management plan means the comprehensive water management plan for the City as
initially prepared and adopted in 1980 and as thereafter revised and updated.
Director of water treatment and supply, Director, Water Superintendent or Superintendent, Director of
Utilities means the Director of the City of Aspen Water Utility, who, under the direction of the City Manager, has
charge of all facilities of the Aspen water utility and has the duty to supervise the utility and to maintain and
control the same.
Equivalent capacity unit (ECU) means a unit reflecting that part of the capacity of the water system necessary
to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type
of water fixtures, a maximum irrigated area, certain cooking facilities or other water demand factors.
Hook-up charge means a charge based on a new customer's line size to recover certain costs of making a
physical connection to the water system.
Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may accept in lieu
of a water rights dedication from a party seeking extraterritorial water service, in an amount determined by the
City, in its sole discretion, to be reasonably necessary to purchase and change water rights, or otherwise acquire
water rights and supplies of sufficient quantity and seniority, at an appropriate location, to reliably provide water
for the proposed water demands of the project.
Utility connection permit means permission by the City to physically connect to the water system or to
change the use of any existing connection and any additional contractual terms which may be imposed.
Utility investment charge means a charge to recover certain capital costs allocated to new customers which
charge is based on a new customer's ECU rating and billing area factor.
Created: 2022-07-19 11:49:42 [EST]
(Supp. No. 3, Update 3)
Page 8 of 33
Water demand factor or fixture means any of the water demand factors or fixtures set forth in Subsections
25.08.090(a) or (b) below.
Water Department means the department of the City under the supervision of the Director of Utilities.
Water feature is defined as a design element in which open water serves primarily an aesthetic or decorative
beneficial use. Water features include, but are not limited to ponds, lakes, waterfalls, jets, fountains, artificial
streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate
the feature. Water features do not include swimming pools or hot tubs. No outdoor water features will be
allowed on Aspen Water utility accounts effective January 1, 2022.
Water rights dedication is a dedication required by any party seeking extraterritorial water service from the
City of water rights acceptable to the City. "Water rights acceptable to the City" shall mean such water rights as are
determined by the Water Department, in its sole discretion, to be sufficient in quantity, seniority and location, to
reliably provide for the proposed water demands of the project, as well as water rights historically used on the
property to be served.
Waterservice billing area, billing area or area of water service billing means an area established by the City
Water Department for purposes of calculating and assessing tap and/or other water service fees. The designation
of a water service billing area as provided for in this Title shall not be construed as an offer, obligation, exclusive
right, willingness, or ability to serve any customer, prospective customer or geographical area with municipal
water or water services.
Waterservice or utility service means any connection to the water system and shall include but is not limited
to all requirements service, irrigation only, fire protection only and irrigation and fire protection only service.
Water system, City water system, water utility, municipal utility system, municipal water utility system or City
water utility means the City water utility as defined in Section 25.08.010.
Well development charge recovers the capital costs of development groundwater sources capable of being
integrated into the potable water supply system by any party seeking extraterritorial water service from the City.
(Code 1971, § 23-41; Ord. No. 27-1985 , § 1; Ord. No. 39-1993 , § 1; Ord. No. 30-2012 § 1; Ord. No. 24-2019 , § 1,
11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.08.090. Equivalent capacity units.
(a) All water service shall be rated by the Water Department in accordance with the following table:
(1) LONG-TERM RESIDENTIAL (Occupancy extending more than one (1) month):
ECU
1st full bath
0.36
2nd full bath
0.24
Each additional full bath
0.12
Each kitchen (full cooking facilities)
0.25
Each kitchenette (modest cooking facilities)
0.15
Each bedroom
0.10
(2) LODGING BEDROOMS (Occupancy per person extending less than one (1) month):
(Supp. No. 3, Update 3)
ECU
Created: 2022-07-19 14:49:42 [EST]
Page 9 of 33
Each bedroom with no bath or cooking
0.45
facilities, but with dormitory style bathrooms
in hallways
Each bedroom with no bath, but with modest
0.60
cooking facilities and dormitory style
bedrooms in hallways
Each bedroom with full bath but no cooking
0.55
facilities
Each bedroom with full bath and wet bar
0.65
(microwave and under the counter icebox)
Each bedroom with full bath and modest
0.70
cooking facilities
(3) SHORT- OR MIXED -TERM RESIDENTIAL (Occupancy per person extending less than one (1) month):
ECU
Each full bath
0.36
Each kitchen (full cooking facilities)
0.25
Each bedroom
0.30
(4) IRRIGATION:
Line Size
Minimum
ECU Rating
Each bib hose in addition to sprinkler system (fixed piping/spray or drip
emitters, i.e., hose bib w/ irrigation)
Any
0.05
Hose bib only (i.e., hose bib for irrigation):
I" hose bib
Any
0.20
2"d hose bib
Any
0.10
3" hose bib
Any
0.05
Yard Hydrant
.5/hydrant
Irrigation System - Spray
0.01/100 Sq. Ft.
Low -Flow Bubbler
0.005/100 Sq. Ft.
Drip Irrigation System
0.001/100 Sq. Ft.
(5) RESTAURANTS: Each seat: 0.07 ECU.
(6) NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 25/0.024 ECU thereafter.
(7) OFFICE SPACE: Each one hundred (100) square feet: 0.02 ECU.
(8) RETAIL SPACE: Each one hundred (100) square feet: 0.01 ECU.
(9) COMMFRCIAI RFC:RFATInNAI FACILITIES: Each customer: 0.04 ECU.
(10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.04 ECU.
(11) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten (10) seats: 0.080 ECU
year-round/0.048 ECU summer.
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 10 of 33
(12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative office space):
Each pupil: 0.02 ECU per maximum capacity.
(13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 ECU.
(14) GAS STATIONS: Each service or lubrication bay: 0.25 ECU.
(15) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45 ECU.
(16) HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each bed: 0.50 ECU.
(b) The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under
Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department shall
increase the ECU rating in accordance with the following table:
ECU
Toilet/urinal
0.05
Mop/laundry sink (per compartment)
0.05
Kitchen sink (per compartment)
0.05
Lavatory sink (per compartment)
0.02
Combo toilets (toilet/bidet, toilet/lav)
0.07
Bar sink (per compartment)
0.05
Garbage disposal
0.05
Household dishwasher
0.10
Commercial dishwasher (per %" of supply line diameter)
0.10
Dishwasher drawer (single)
0.05
Steamer oven
0.05
Household clothes washer
0.10
Commercial clothes washer (per %" of supply line diameter)
0.10
Commercial icemaker (per %a" of supply line diameter)
0.05
Steam room
0.08
Water bottle fill station
0.05
Whole home humidifier
0.30
Coffee urn
0.05
Tub/shower (combined or separate)
0.05
Bidet
0.05
Wet saunas
0.08
Room Humidifier
0.05
Jacuzzi/spa (per 100 gal, of capacity)
0.02
Plunge pool (per 100 gal. of capacity)
0.02
Swimming pool (per 1,000 gal. of capacity):
0.02
Industrial process or wastewater (not served by sanitary sewer): Each 1,000 gal./day non-
consumptively used
1.50
Each 1,000 gal./day consumptively used
3.90
Fountains:
Non -continuous drinking
0.05
Continuous drinking
0.50
Non -recycling decorative
0.50
Recycling decorative
0.10
Water softener (per ECU):
Residential
0.02
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 11 of 33
Commercial 0.01
Fire protection sprinkler heads 0.00
(c) No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. A
water feature is defined as a design element in which open water serves primarily an aesthetic or decorative
beneficial use. Water features include, but are not limited to: ponds, lakes, waterfalls, jets, fountains,
artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to
create or operate the feature. Water features do not include swimming pools or hot tubs.
(d) Effective January 1, 2023, single family residential water accounts being served or requesting city treated
water will be eligible for a maximum of 4.0 Equivalent Capacity Units, (ECUs), per account/parcel.
(e) In the event that the water service cannot be adequately rated under the tables in Subsections (a) and (b) or
if there are unusual or special circumstances warranting a special ECU rating, the service may be rated as
determined by the Water Department at the customer's expense. The Water Department may also adjust
the ECU rating of any water service if the metered demand of such service differs substantially from the ECU
rating under Subsections (a) and (b).
In no event shall the ECU rating be less than the following minimums:
Line Size
Minimum ECU Rating
%"
1.0
1"
2.0
1%"
3.0
1%"
4.0
2"
8.0
4"
20.0
6"
30.0
8"
60.0
For line sizes larger than six (6) inches, the minimum ECU rating shall be determined by the Water
Department after consultation with the City Manager.
(e) The ECU rating per customer pursuant to Subsections (a), (b), (c) or (d) shall be applied in calculating utility
investment charges under Section 25.12.040 and in calculating monthly demand, extraordinary water use,
and fire protection charges under Sections 25.16.010 and 25.16.020.
(f) Commercial agricultural uses shall be limited to a maximum of one (1) ECU of potable water without the
prior express written consent of the City Manager.
(Code 1971, § 23-44; Ord. No. 27-1985 , § 1; Ord. No. 36-1995 , § 1; Ord. No. 43-1996 , § 16; Ord. No. 30-2012 § 4;
Ord. No. 15-2019 , § 2, 6-24-2019; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021)
Sec. 25.12.025. Utility development review fee.
(a) All projects on properties within the City of Aspen that require engineering development review or that will
add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a
City building permit; All projects on properties outside City of Aspen limits that may change or impact City
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 12 of 33
water service are subject to the utility development review prior to submittal of a Pitkin County building
permit application.
(b) Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen
building permit, and/or prior to submitting an application for a Pitkin County building permit.
(c) If submitting a building permit application to Pitkin County for a project that may change or impact City
water service, the following documents are required for the utility development review: (1) Utility
development review application; (2) relevant building plans, which may include architectural, civil, and/or
water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator.
(d) The utility development review fee shall be as set forth in Subsection (e) of the Section-
(e) [Utility Development Fees.]
Utility Development Fees
2023 Rate
Projects with 0 to 200 Sq. Ft. of Affected Area
$270.00
Projects with 201 to 5,000 Sq. Ft. of Affected Area
$1.62/sq. ft.
Projects of 5,001 to 15,000 Sq. Ft. of Affected Area
$1.62/sq. ft. for V 5,000 sq. ft. + $1.35/sq. ft.
thereafter
Projects with more than 15,000 Sq. Ft. of Affected
Area
$1.62/sq. ft. for V 5,000 sq. ft. + $1.35/sq. ft. for next
1 10,000 sq. ft. + $1.24 sq. ft. thereafter
Project Type
Applicability and Calculation
New Construction (including "scrape and replace")
Fee calculated according to affected area. Affected
area is calculated as square footage of the building
footprint, plus the square footage of exterior
disturbance. Calculation instructions are set forth in
Section (f), below.
Interior or exterior work that triggers an engineering
Fee calculated according to utility affected area. Utility
development review, or includes adding, removing, or
affected area is the total square footage of all
otherwise making changes to any plumbing fixtures on
rooms/work areas in which plumbing fixtures are
the property
affected, plus the total square footage of any exterior
disturbance. Calculation instructions are set forth in
Section (g), below.
Interior or exterior work that does not trigger an
No Review or Fee Required.
engineering development review, and does not
include making any addition(s), subtraction(s), or
other change(s) to plumbing fixtures
(f) Calculating affected area for new construction projects —Affected area shall be calculated as follows:
(1) Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work
area within the building.
(2) Enter new square footage. New square footage is the gross floor area being added to the building or
structure as part of the project.
(3) Enter building square footage. Building square footage is the building footprint alteration plus the new
square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (f) to
determine building square footage.
(4) Enter square footage of the grade floor area of the project.
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 13 of 33
(5) Enter net building square footage. Net building square footage is equal to either the building square
footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2)
numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square
footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where the ground
is disturbed. This includes soil grading, landscaping, remuving imperviuus died, ddding iinperviuus died,
and replacing impervious areas, layback areas, construction access areas and stockpile areas.
(7) Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total
affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section.
(g) Calculating utility affected area for remodel/renovation/alteration projects —Utility affected area shall be
calculated as follows:
(1) Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2
alteration of work area within the building in which plumbing fixtures are affected. For example, for an
interior remodel, the utility building footprint alteration is measured by the total square footage of
each room in which plumbing fixtures are added, removed, or otherwise changed.
(2) Enter new square footage. New square footage is the gross floor area being added to the building or
structure as part of the project.
(3) Enter utility building square footage. Utility building square footage is the utility building footprint
alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of
this Subsection (g) to determine utility building square footage.
(4) Enter square footage of the grade floor area of the project.
(5) Enter net utility building square footage. Net utility building square footage is equal to either the utility
building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of
the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to determine net
utility building square footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where the ground
is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area,
and replacing impervious areas, layback areas, construction access areas and stockpile areas.
(7) Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To
arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of
Subsection (g) of this Section.
(h) Definitions:
(1) Building footprint alteration square footage is the work area portions of an existing building
undergoing reconfiguration of space, the reconfiguration or extension of any system, or the installation
of any additional equipment.
(2) Utility building footprint alteration square footage is the total area of rooms within the building in
which any plumbing fixtures are affected. For example, for an interior remodel, the utility building
footprint alteration is measured by the square footage of each room in which plumbing fixtures are
added, removed, or otherwise changed.
(3) New square footage is measured within the inside perimeter of the exterior walls of the new addition
under consideration, without deduction for corridors, stairways, ramps, closets, the thickness of
interior walls, columns, or other features. New square footage includes the exterior usable area under
the horizontal project of the roof or floor above not surrounded by exterior walls.
Created: 2022-07-19 14:49:42 [EST]
(Supp. No. 3, Update 3)
Page 14 of 33
(4) Building square footage includes both the building footprint alteration square footage and the new
square footage.
(5) Utility building square footage includes both the utility building footprint alteration square footage and
the new square footage.
(6) Grade floor area is measured within the inside perimeter of the exterior walls of a building, without
deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other
features. Grade floor area includes the exterior usable area under the horizontal projection of the roof
or floor above not surrounded by exterior walls.
(7) Net building square footage includes both the building footprint alteration square footage and the new
square footage; however, the total shall not exceed the area of the grade floor area of the complete
new building.
(8) Net utility building square footage includes both the utility building footprint alteration square footage
and the new square footage; however, the total shall not exceed the area of the grade floor area of the
complete new building.
(9) Disturbance area is defined by exterior area of the building where the ground is disturbed. This
includes, but is not limited to, soil grading, landscaping, removing impervious area, adding impervious
area, replacing impervious area, layback areas, construction access areas, and stockpile areas.
(10) Affected area is the net building square footage plus the disturbance area, with the net building square
footage equaling the smaller of either the building footprint alteration plus the new square footage or
the grade floor square footage.
(11) Utility affected area is the net utility building square footage plus the disturbance area, with the net
utility building square footage equaling the smaller of either the utility building footprint alteration plus
the new square footage or the grade floor square footage.
( Ord. No. 38-2016 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.12.030. Utility connection permit.
(a) No utility connection permit shall be issued, except pursuant to this Section unless the utility connection
permit is issued and paid for pursuant to a phasing agreement, prepayment agreement or other agreement
with the City to the contrary.
(b) No utility connection applicant shall receive a utility connection permit for a new utility service prior to the
issuance of a building or plumbing permit for the structures or fixtures for which water service is requested.
The addition of any water demand factor or fixture or change of service of an existing connection shall
require a utility connection permit.
(c) It shall be unlawful for any person not authorized by this Chapter to make any connection to any main of the
water utility or for any unauthorized person to connect to the water utility or for any person to add a water
demand factor or fixture or to change service contrary to the provisions of this Chapter.
(d) All utility connection permits as required by this Chapter shall be issued by the Water Department and shall
set forth all those requirements specified in Subsections 25.12.020(e) and (f). The Water Department keep a
duplicate or record of all utility connection permits issued. All review and final utility connection permits will
be signed and executed by the current owner of the property and be notarized by an authorized notary. No
payment for utility connection permit fees, (tap fees), will be accepted without the corresponding signed and
notarized utility connection permit. City Utilities Department will not accept payment unless all required
documents are complete.
Created: 2022-07-19 14:49:42 [EST]
(Supp. No. 3, Update 3)
Page 15 of 33
(e) Any permit issued pursuant to this Section shall expire upon failure to make the authorized utility connection
by the time of expiration of the building or plumbing permit for the structures or fixtures proposed to be
serviced. In the event of expiration of a utility connection permit, the applicant, upon request, shall be
refunded any utility connection charges not expended by the City for the benefit of the applicant. No interest
on any unspent charges shall be paid.
(Code 1971, § 23-57; Ord. No. 27-1985, § 1; Ord. Nu. 30-2012 § 7; Ord. Nu. 17-2020, § 1, 11-24-2020)
Sec. 25.12.040. Utility investment charges.
(a) The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be as set
forth in Subsection (d) of this Section.
(b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge
in Subsection (d).
(c) Before any water is furnished, pursuant to a utility connection application and permit, Water Department
personnel shall inspect the property designated on the application and shall certify on the application that
the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection,
water may only be furnished to the property for construction purposes upon proper payment therefor. If the
ECU rating for the property as developed is less than the ECU rating on the application, the applicant shall be
entitled to a refund of any overpayment of the total utility investment charge, but no refund shall be made
of any utility hookup charge or of any water main extension costs, water rights dedication fees, interest on
any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the
developed property is greater than the ECU rating on the application and no larger or additional, connections
are made, no water shall be furnished until the deficit in the total utility investment charge has been paid. If
a larger or additional connection is made, no water shall be furnished until the deficits in the total utility
investment charge, the utility hookup charge and all other applicable charges and fees, have been paid. In
every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the
property, and the connections.
(d) Utility investment charges (tap fees) are computed as follows:
(1) For the purpose of utility investment charge computation, the following fees shall be assessed per ECU
effective January 1, 2023:
Billing Area
2023 Charges per ECU
Billing Area 1
$10,855
Billing Area 2
$21,710
Billing Area 3
$21,710
Billing Area 4
$13,569
Billing Area 5
$18,996
Billing Area 6
$21,710
Billing Area 7
$16,282
Billing Area 8
Reserved
The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU
points for the utility connection applied for by the applicant.
(e) System development charges recommended by the Water Department may be authorized from time to time
by the City Council. System development charges are fees intended to provide for additional water system
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 16 of 33
development that is intended to enhance the reliability of City water service to all customers, and may
include, for example, well system development fees or plant investment fees. Effective January 1, 2021, Well
System Development fees that be calculated at a rate of one thousand six hundred seventy-five dollars
($1,675.000)/ECU.
(Code 1971, § 23-58; Ord. No. 27-1985, § 1; Ord. No. 54-1986, § 1 ; Ord. No. 34-1988, § 6 ; Ord. No. 19-1990, § 3 ;
Ord. No. 39-1993, § 5 ; Ord. No. 30-2012 § 8 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-
2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.16.010. Monthly rates for metered water service.
All metered water accounts except temporary construction, grandfathered-in, and pre -tap customer
accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that follow:
(a) Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$6.30
2
2.00
$12.60
3
2.00
$12.60
4
1.25
$7.88
5
1.75
$11.03
6
2.00
$12.60
7
1.50
$9.45
(b) Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly variable charge
per ECU as follows:
Usage Per
Per 1,000
Additional
Per 1,000
Additional
Per 1,000
Remaining
Per 1,000
ECU Up
Gallons
Usage Per
Gallons
Usage Per
Gallons
Usage Per
Gallons
To
Rate
ECU Up
Rate
ECU Up
Rate
ECU Over
Rate
To
To
4,000
$3.50
12,000
$4.49
16,000
$6.43
16,000
$9.65
(c) Effective in the January 2023 monthly billing, all metered accounts within service area pumped zones
shall pay a monthly pumping charge per one thousand (1,000) gallons as follows:
# of Pumps
Rate Per 2,000 Gallons Pumped
1
$3.11
2
$6.22
3
$9.33
(d) Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1 1.00
$4.58
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 17 of 33
2
2.00
$9.16
3
2.00
$9.16
4
1.25
$5.73
5
1.75
$8.02
6
2.00
$9.16
7
1.50
$6.87
(Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1[A]; Ord. No. 51-1987, § 1; Ord. No. 18-1988, §
1; Ord. No. 34-1988, § 1; Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6; Ord. No. 45-1999, § 16 ; Ord. No. 41-2004,
§ 2 [part ]; Ord. No. 7-2006, § 2 ; Ord. No. 35-2011, § 2; Ord. No. 30-2012 § 20 ; Ord. No 38-2014, § 1; Ord. No 45-
2015 § 1, Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No.
17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.16.011. Bulk rates for metered water service.
(a) Effective in the January 2023 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk
Metro District will be:
Monthly Block Tiers in Per
1,000 Gallons
Rate Per 1,000
Gallons
First 2,940 gallons
$5.42
Over 2,940 gallons
$12.72
(b) Effective January 1, 2023, the demand charge per fill up for fill station water sales pursuant to Subsection
25.08.020(e) shall be thirty dollars ($30.00) per use.
(c) Effective January 1, 2023, the variable charge for fill station bulk water sales pursuant to Subsection
25.08.020(e) shall be $19.00 per 1,000 gallons. Bulk water charges for service line and mainline leaks/breaks
created by non -Utility department staff will be charged at a rate of $19.00 per 1,000 gallons in areas that are
gravity feed, $25.00 per 1,000 gallons in water service areas that are in a one -pump zone; and, $30 per 1,000
gallons in areas that are in a two -pump zone.
( Ord. No. 45-2015 , Ord. No. 38-2016 ; https:Hrecords.aspen.gov/WebLink/DocView.aspx?id=1412784"
web="yes">Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-
2021, § 1, 11-23-2021)
Sec. 25.16.012. Raw water rates for general raw water accounts.
(a) The raw water rates for non -pressurized raw water irrigation accounts for unmetered service on a per
thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each
irrigation season are as follows:
(b) Effective January 1, 2023, the non -pressurized raw water rate per irrigation season is as follows:
Non -Pressurized Raw Water 2023 Rate
Per 1,000 Sq. Ft. 1 $49.44
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 18 of 33
(c) Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d)
below except where a valid contract for conveyance of the customer's own water rights provides for a different
rate.
(d) A one-time application and processing fee is due for each Raw Water License Agreement when a new, fully
executed agreement has been signed by the owner and a City of Aspen Utilities representative. As of January
1, 2023, the one-time application and processing fee is $75.00.
(e) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00)
for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred
dollars ($1,500.00) for each additional offense.
( Ord. No. 41-2004, § 5 ; Ord. No. 35-2011, § 3; Ord. No. 30-2012 § 23 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021)
Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non -potable
line accounts.
(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non -potable water
line accounts (including reclaimed water) shall be set in accordance with methods established for cost
recover recommendations by the American Water Works Association.
(b) Where specific rates are established by a valid contract for raw water service and such rates result in a lower
cost of service than that provided in Subsection 25.16.012(a), the contractual rate will prevail.
(c) All water use from the system requires the installation of an operable water meter. Such uses in place prior
to 2009 shall install an operable water meter no later than January 20, 2009.
(d) Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the
beginning of each irrigation season, no later than April 15th.
(1) Effective January 1, 2023 metered rates for pressurized raw water accounts for seasonal delivery of
non -potable water is as follows:
Metered Pressurized Raw Water - Billing to Occur
Monthly - May through October
2023 Rate
Per 1,000 Gallons.
$5.73
(2) If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation
season, a seasonal bulk water delivery rate has been established as the,basis for billing the non -potable
pressurized water delivery. Effective January 1, 2023, the unmetered, pressurized raw water rate for
seasonal delivery of non -potable water is as follows:
Unmetered Pressurized Raw Water - Billing to Occur
2023 Rate
Monthly -
May through October
Seasonal Rate Per 1,000 Sq. Ft.
$201.85
Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month
$33.64
Irrigation Season
Created: 2022-07-19 14:49:42 [EST]
(Supp. No. 3, Update 3)
Page 19 of 33
(e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d)(1)
except where a valid contract provides for alternate method and procedures for billing.
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00)
for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred
dollars ($1,500.00) fur each dddiliundl urrerrse.
( Ord. No. 41-2004, § 5 ; Ord. No. 30-2012 § 23 ; Ord. No. 38-2014 § 3 ; Ord. No. 45-2015 ; Ord. No. 27-2017 ; Ord.
No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-
23-2021)
Sec. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction water accounts shall pay monthly the sum of charges one (1) and two (2).
(a) Effective in the January 2023 month billing, all temporary construction accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$6.30
2
2.00
$12.60
3
2.00
$12.60
4
1.25
$7.88
5
1.75
$11.03
6
2.00
$12.60
7
1.50
$9.45
(b) Effective in the January 2023 monthly billing, all temporary construction accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$4.58
2
2.00
$9.16
3
2.00
$9.16
4
1.25
$5.73
5
1.75
$8.02
6
2.00
$9.16
7
1.50
$6.87
(c) Construction accounts shall pay demand and fire protection charges at the same rates as metered customers
for a temporary nine -month period. Variable and pumping charges will be waived for a maximum of nine (9)
months, or the duration of the construction project, whichever is less. Construction account ECU's will be
based on information shown on the building permit and "review" utility connection permit.
( nrd. Nn. 3;-2ni 1 § 4; Ord. No. 30-2012 § 24 ; Ord. No. 38-2014 § 4; Ord. No. 45-2015 , Ord. No. 27-2017 ; Ord.
No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-
23-2021)
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 20 of 33
Sec. 25.16.015. Monthly rates for grandfathered-in water service
All grandfathered-in water accounts shall pay monthly the sum of charges one (1) and two (2).
(a) Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$6.30
2
2.00
$12.60
3
2.00
$12.60
4
1.25
$7.88
5
1.75
$11.03
6
2.00
$12.60
7
1.50
$9.45
(b) Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$4.58
2
2.00
$9.16
3
2.00
$9.16
4
1.25
$5.73
5
1.75
$8.02
6
2.00
$9.16
7
1.50
$6.87
( Ord. No. 35-2011 § 5 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 5 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021)
Sec. 25.16.016. Monthly rates for pre -tap water service.
All pre -tap water accounts shall pay the sum of charges one (1) and two (2).
(a) Effective in the January 2023 monthly billing, all pre -tap accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$6.30
2
2.00
$12.60
3
2.00
$12.60
4
1.25
$7.88
5
1.75
$11.03
6
2.00
$12.60
7
1.50
$9.45
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 21 of 33
(b) Effective in the January 2023 monthly billing, all pre -tap accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$4.58
2
2.00
$9.16
3
2.00
$9.16
4
1.25
$5.73
5
1.75
$8.02
6
2.00
$9.16
7
1.50
$6.87
( Ord. No. 35-2011 § 6 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 6 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
no. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021)
Sec. 25.16.020. Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one (1) and two (2).
(a) Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$112.24
2
2.00
$224.50
3
2.00
$224.50
4
1.25
$140.31
5
1.75
$196.44
6
2.00
$224.50
7
1.50
$168.38
(b) Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area
Billing Factor (Included)
Per ECU Rate
1
1.00
$4.58
2
2.00
$9.16
3
2.00
$9.16
4
1.25
$5.73
5
1.75
$8.02
6
2.00
$9.16
7
1.50
$6.87
( Ord. No. 35-2011, 4 6; Ord. No. 30-2012 § 27 ; Ord-. No. 3R-2014, § 7; nrd. No 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021)
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [CST]
Page 22 of 33
Sec. 25.16.021 Senior Water Rates.
(a) Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set
forth in Sections 25.16.010 and 25.16.020.
(b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with
the Pitkin County Senior Services Council.
(c) The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin
County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their
eligibility for this program and application procedure is conducive to their participation.
(d) A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges
one (1) through four (4) that follow:
(1) Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area
Billing Factor
(Included)
Percentage of
Regular Metered
Demand
Per ECU Rate
1
1.00
90%
$5.67
2
2.00
90%
$11.34
3
2.00
90%
$11.34
4
1.25
90%
$7.09
5
1.75
90%
$9.92
6
2.00
90%
$11.34
7
1 1.50
1 90%
$8.51
(2) Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly variable
charge per ECU as follows:
Usage Per
Per 1,000
Additional
Per 1,000
Additional
Per 1,000
Remaining
Per 1,000
ECU Up
Gallons
Usage Per
Gallons
Usage Per
Gallons
Usage Per
Gallons
To
Rate
ECU Up
Rate
ECU Up
Rate
ECU Over
Rate
To
To
4,000
$3.50
1 12,000
1 $4.49
16,000
1 $6.43
16,000
$9.65
(3) Effective in the January 2023 monthly billing, all senior metered accounts within service area pumped
zones shall pay a monthly pumping charge per 1,000 gallons as follows:
# of Pumps
Rate Per 1,000 Gallons Pumped
1
$3.11
2
$6.22
3
$9.33
(4) Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly fire
protection charge per ECU as follows:
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 23 of 33
Billing Area
Billing Factor
(Included)
Percentage of
Regular Metered
Fire Protection Charge
Per ECU Rate
1
1.00
90%
$4.12
2
2.00
90%
$8.24
3
2.00
90%
$8.24
4
1.25
90%
$5.15
5
1.75
90%
$7.21
6
2.00
90%
$8.24
7
1.50
90%
1 $6.18
(c) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of
charges one (1) through two (2) that follow:
(1) Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area
Billing Factor
(Included)
Percentage of
Regular Metered
Demand
Per ECU Rate
1
1.00
30%
$33.67
2
2.00
30%
$67.35
3
2.00
30%
$67.35
4
1.25
30%
$42.09
5
1.75
30%
$58.93
6
2.00
30%
$67.35
7 1
1.50
30%
$50.51
(2) Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area
Billing Factor
(Included)
Percentage of
Regular Metered
Fire Protection Charge
Per ECU Rate
1
1.00
30%
$1.37
2
2.00
30%
$2.75
3
2.00
30%
$2.75
4
1.25
30%
$1.72
5
1.75
30%
$2.40
6
2.00
30%
$ 2.75
7
1 1.50
1 30%
$2.06
(Code 1971, § 23-102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1(A) (B ); Ord. No. 51-1987, § 2 ; Ord. No. 1-1988
; Ord. Nu. 8-1990, § 2; Ord. 39-1993, § 7; Ord. No. 35-2011, § 8 ; Ord. No. 30-2012, § 28 ; Ord. No. 38-2014, § 8 ;
Ord. No. 45-2015 ; Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 2R-201 R ; Ord. No, 24-201 q , § 1, 11-26-201 q;
Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-202
(Supp. No. 3, Update 3)
Created: 2022-07-19 14:49:42 [EST]
Page 24 of 33
Sec. 25.16.023 Property owners financially liable for unpaid utility charges and fees.
On city water accounts that are ninety (90) days or more past due with the named customer being a tenant
at the subject premise, city reserves the right to revert such water account into the owner's name and from that
point forward owner shall be the responsible party on subject water account.
In situations where unpaid water utility charges and fees remain on a finaled owner or tenant account, the
current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after
the transfer of previous owner or tenant.
(Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.16.027. Water Utility Advanced Metering Infrastructure (AMI).
(1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 water consumption information
for both the city water customer and the utility billing staff, which can be used for troubleshooting usage issues,
account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or
business each month to read the meter, thus improving operational efficiency and providing customers with near
real-time energy use information.
(2) Except as expressly provided in this Chapter, all water service shall be metered and with meters
utilizing AMI technology. As of January 1, 2023, the City of Aspen Water Department will require AMI technology
in all water meters used or installed by its account owners, except as expressly provided herein.
(3) Residential account owners have the option to "opt -out" of upgrading to a meter with AMI technology
and utilize a non -communicating water meter for a monthly fee. AMI Opt -Out requests shall be made in writing
using the forms prescribed by the City of Aspen Water Department. Opt -out requests may only be made by the
owner of record listed on the property's City of Aspen Water Department account. The property owner shall be
responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements.
(4) Residential customers and account owners that have experienced meter tampering/manipulation,
unauthorized electric connections/use, have a past -due balance at the time of opt -out request, or have been
disconnected for non-payment will not be eligible to opt -out of their AMI meter installation. Commercial, Solar,
and common HOA accounts are not eligible to opt out of AMI.
(5) Residential account owners that have opted -out of utilizing a meter with AMI technology will be
assessed a monthly opt -out fee of $35.00 per meter on the next monthly utility bill and each monthly bill
thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual
meter reading software system. City water account owners may cancel their opt -out status at any time and the
monthly $35.00 fee will be discontinued on their water account starting with the next monthly bill run cycle.
(6) Residential water account owners that have not received approval by the Utilities Department Director
to opt -out of the AMI technology and have not upgraded to a meter with AMI technology on or before January 1,
2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each monthly bill
thereafter until the account owner for that water meter comes into compliance. .
Sec. 25.16.035. Backflow prevention and cross -connection control.
(a) The purpose of this backflow prevention and cross -connection control program is to protect the City's water
system from contaminants or pollutants that could enter the distribution system by backflow from a
customer's water supply system through the service connection. As a supplier of public drinking water, the
Created: 2022-07-19 14:49:43 [EST]
(Supp. No. 3, Update 3)
Page 25 of 33
City of Aspen has the authority to survey all service connections within the City's water distribution system to
determine whether any connection is a cross -connection; to control all service connections within the
distribution system that are cross -connections; to charge a fee for the administration of the cross -connection
control program; to maintain records of surveys and the installation, testing and repair of all backflow
prevention assemblies permitted or required under this program; and to administer, implement and enrnrce
the provisions of this cross -connection control program.
(b) The provisions of this Section apply to all commercial, industrial, multi -family, and single-family residential
service connections with the City's potable water system.
(c) Definitions:
Active Date means the first day that a backflow prevention assembly or backflow prevention method is used
to control a cross -connection in each calendar year.
Air Gap is a physical separation between the free -flowing discharge end of a potable water supply pipeline
and an open or non -pressure receiving vessel installed in accordance with standard AMSE A112.1.2.
Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or
other substances into the public water systems distribution system from any source or sources other than its
intended source.
Backflow Contamination Event means backflow into a public water system from an uncontrolled cross
connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or
presents an immediate health and/or safety risk to the public.
Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a
plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is
appropriate for the identified contaminant or pollutant at the cross connection and is an in -line field -testable
assembly.
Backflow Prevention Method means any method and/or non -testable device installed at a water service line
or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non -testable
device is appropriate for the identified contaminant or pollutant at the cross connection.
Certified Cross -Connection Control Technician means a person who possesses a valid Backflow Prevention
Assembly Tester certification from one of the following approved organizations: American Society of Sanitary
Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the
certification is invalid.
Containment means the installation of a backflow prevention assembly or a backflow prevention method at
any connection to the City's water system that supplies an auxiliary water system, location, facility, or area such
that backflow from a cross connection into the City's water system is prevented.
Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention
methods at all cross connections identified within a customer's water system such that backflow from a cross
connection into the City's water system is prevented.
Controlled means having an appropriate and properly installed, maintained, and tested or inspected
backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection.
Cross Connection means any connection that could allow any water, fluid, or gas such that the water quality
could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a
customer's water system into a public water system's distribution system or any other part of the public water
system through backflow
(Supp. NO.2, Update 1)
Page 26 of 33
Created: 2021-06-27 BG:59:55 [EST]
Multi -Family means a single residential connection to the City water system's distribution system from which
two (2) or more separate dwelling units are supplied water.
Service Connection means any connection of a water supply or premises plumbing system to the City of
Aspen's water distribution or system.
Single-family means:
(1) A single dwelling which is occupied by a single family and is supplied by a separate service line; or
(2) A single dwelling comprised of multiple living units where each living unit is supplied by a separate
service line.
Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or
inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or
backflow prevention method does not prevent backflow through a cross connection.
Water Supply System means a water distribution system, piping, connection fittings, valves and
appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as
premises plumbing systems.
(d) Requirements:
(1) Commercial, industrial, multi -family, and single-family service connections shall be subject to a survey
for cross connections. If a cross connection has been identified, an appropriate backflow prevention
assembly and or method shall be installed at the customer's water service connection within ninety
(90) days of its discovery. The assembly shall be installed downstream of the water meter or as close to
that location as deemed practical by the public water system. If the assembly or method cannot be
installed within ninety (90) days, the Utilities Department shall take action to control or remove the
cross connection, suspend service to the cross connection, and/or receive an alternative compliance
schedule from the Colorado Department of Public Health and Environment.
(2) In no case shall it be permissible to have connections or tees between the meter and the containment
backflow prevention assembly, unless such connections or tees are adequately controlled to achieve
containment by isolation.
a. In instances in which an appropriate backflow preventer cannot be installed to achieve
containment, the property owner must install approved backflow prevention devices or methods
at all cross -connections within the premises plumbing system to achieve containment by
isolation.
(3) Backflow prevention assemblies and methods shall be installed in a location which provides access for
maintenance, testing, and repair, and in accordance with the guidelines and requirements set forth in
the Plumbing Code currently observed by the City of Aspen.
(4) Reduced pressure principle backflow preventers shall not be installed in a manner or location that is
subject to flooding.
(5) Provisions shall be made to provide adequate drainage from the discharge of water from reduced
pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner
which does not impact waters of the state.
(6) All assemblies and methods shall be protected to prevent freezing. Those assemblies and methods
used for seasonal services may be removed upon cessation of those seasonal services in lieu of being
protected from freezing. Any and all assemblies and methods that are removed from seasonal points of
Created: 2021-06-27 06:59:55 [EST]
(Supp. NO. 2, Update 1)
Page 27 of 33
service in lieu of being protected from freezing must be reinstalled and tested by a certified cross
connection control technician prior to recommencing seasonal service.
(7) Where a backflow prevention assembly or method is installed on a water supply system using storage
water heating equipment such that thermal expansion causes an increase in pressure, an approved,
listed, and adequately sized expansion tank or other approved device having a similar function to
control thermal expansion shall be installed.
(8) All backflow prevention assemblies shall be inspected and tested at the time of installation and
inspected and tested at least once annually thereafter. Such tests must be conducted by a Certified
Cross -Connection Control Technician. Backflow Inspectors are required to tag inspected backflow
assemblies indicating date of inspection, a pass/fail designation, and their certification information.
This tag requirement includes PVBs on irrigation systems.
(9) The City Utilities Department shall require inspection, testing, maintenance and as needed repairs and
replacement of all backflow prevention assemblies and methods, and of all required installations
within a customer's premises plumbing system in the cases where containment assemblies and or
methods cannot be installed. City Utilities' customers shall be charged up to $50 per day fee for non-
compliant and/or uninspected backflow assemblies past the 12 month required inspection date.
(10) All costs for design, installation, maintenance, testing and as needed repair and replacement are to be
borne by the customer.
(11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow
prevention assembly or method will compromise the integrity of the fire sprinkler system.
(12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering
Departments for review and must be approved by both Departments prior to the provision of water
service. Building plans must show:
a. Water service type, service line size, and location;
b. Water meter size and location;
C. Backflow prevention assembly size, type, and location;
d. Fire sprinkler system type, line size, location, and type of backflow prevention assembly.
(13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for
containment of the system.
(14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced pressure
principle backflow preventer for containment.
(15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air
pressure valve.
(16) In cases wherein the installation of a backflow prevention assembly or method will compromise the
integrity of the fire sprinkler system, the City Utilities Department can choose to not require the
backflow protection. In such cases, the City Utilities Department will measure chlorine residual at a
location representative of the service connection once a month and perform periodic bacteriological
testing at the site. If the City Utilities Department suspects water quality issues, the Department will
evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require
such flushing where practicable.
CreaLed: 2021-06-27 06:59:55 [EST]
(Supp. NO. 2, Update 1)
Page 28 of 33
(e) Backflow prevention assemblies or methods shall be tested by a certified cross -connection control technician
upon installation and tested at least once annually thereafter. The tests shall be conducted at the expense of
the customer.
(1) Any backflow prevention assemblies or methods that are non -testable shall be inspected at least once
annually by a certified cross -connection control technician and replaced at least every five (5) years by
a master plumber. The inspections and replacements shall be made at the expense of the customer.
(2) As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced
and tested at the expense of the customer whenever the assemblies or methods are found to be
defective.
(3) Testing gauges shall be tested and calibrated for accuracy at least once annually.
(f) Reporting and Recordkeeping:
(1) Copies of records of test reports, repairs and retests, or replacements shall be kept by the customer for
a minimum of three (3) years.
(2) Copies of records of test reports, repairs and retests shall be submitted to the Utilities Department by
mail, e-mail, or hand -delivery by the testing company or testing technician.
(3) Information on test reports shall include, but may not be limited to,
a. Assembly or method type
b. Assembly or method location
C. Assembly make, model and serial number
d. Assembly size
e. Test date; and
f. Test results including all results that would justify a pass or fail outcome
g. Certified cross -connection control technician certification agency
h. Technician's certification number
I. Technician's certification expiration date
j. Test kit manufacturer, model, and serial number
k. Test kit calibration date
(4) The Utilities Department must notify the Colorado Department of Public Health and Environment's
Water Quality Control Division (CDPHE) of any suspected or confirmed backflow contamination event
and consult with the CDPHE on any appropriate corrective measures no later than twenty-four (24)
hours after learning of the backflow contamination event. The Utilities Department shall notify the
CDPHE within forty-eight (48) hours after it becomes aware of any backflow prevention and cross -
connection control violation or any backflow prevention and cross -connection control treatment
technique violation. The CDPHE shall distribute public notice of violations as specified In and required
by Colorado Primary Drinking Water Regulation 11.
(g) A properly credentialed representative of the City Utilities Department shall have the right -of -entry to survey
any and all buildings and premises for the presence of cross -connections and/or possible contamination risks
or hazards, and for determining compliance with this Section. This right -of -entry shall be a condition of water
(Supp. NO. 2, Update 1)
Page 29 of 33
Created: 2021-06-27 06:59:55 [EST]
service from the City in order to protect the health, safety, and welfare of customers throughout the City's
water distribution system.
(h) Compliance:
(1) Customers shall cooperate with the installation, inspection, testing, maintenance, and as needed repair
and replacement of backflow prevention assemblies and with the survey process. For any identified
uncontrolled cross -connections, the Utilities Department shall complete one of the following actions
within ninety (90) days of its discovery:
a. Control the cross connection
b. Remove the cross connection
C. Suspend service to the cross connection
(2) The Utilities Department shall give notice of violation in writing to any owner whose plumbing system
has been found to present a risk to the City's water distribution system through any uncontrolled cross
connection(s). The notice shall state that the owner must install a backflow prevention assembly or
method at each service connection to the owner's premises to achieve containment, or that the owner
must install a backflow prevention assembly on each cross -connection hazard on the premises
plumbing system to achieve containment by isolation. The notice of violation will give a date by which
the owner must comply.
a. In instances in which a backflow prevention assembly or method cannot be installed to achieve
containment, the owner must install approved backflow prevention assemblies or methods at all
cross -connections within the owner's water supply system to achieve containment by isolation.
The notice of violation will give a date by which the owner must comply.
(3) On or before May 1, 2017, and on or before May 1 of each year thereafter, the Utilities Department
shall develop and submit to the Colorado Department of Public Health and Environment its written
backflow prevention and cross -connection control annual report for the prior calendar year, as
required by Colorado Primary Drinking Water Regulation 11.
(i) Violations and Penalties:
(1) It shall be unlawful for any City water customer to operate the customer's premises plumbing system
or water supply system contrary to or in violation of any of the provisions of this Code.
(2) A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable upon
conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of
this Code. A separate offense shall be deemed committed on each day or portion thereof that the
violation of any of the provisions of this Code occurs or continues unabated after the time limit set for
abatement of the violation.
(3) Failure to comply with the terms of this Article, including, but not limited to, failure to pay the
necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Article shall
constitute an offense and a violation thereof. Every person violating this Article shall be punished, upon
conviction, by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00)
per assembly, or by imprisonment for not more than ten (10) days, or both such fine and imprisonment
for each offense. Delinquency for each calendar month shall constitute a separate offense.
( Ord. No. 38-2016 ; Ord. No. 17-2f120 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021)
(Supp. NO. 2, Update 1)
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Created: 2021-06-27 06:59:55 [EST]
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, as well as to Aspen raw water accounts utilizing City -owned
water rights:
(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 ; Ord. No. 9-2020 , 1-28-2020; Ord. No. 9-2020 ,
§ 1, 1-28-2020; Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.30.080. Deposit Requirements for Temporary Certificates of Occupancy.
In accordance with the Water Efficient Landscaping Standards, Section 5.8.3, The City of Aspen shall: (a)
Receive the signed Approval Letter from the project applicant; (b) Approve or deny the Approval Letter. If the
Approval Letter is denied, the City of Aspen shall provide information to the project applicant regarding
reapplication, appeal, or other assistance; (c) If a certificate of occupancy is issued in winter months when
landscaping and irrigation systems cannot be inspected for compliance, Aspen Water Department will require a
deposit equal to the identified cost to complete the landscaping and irrigation plan. Once compliance has been
confirmed, the deposit will be returned in full.
Therefore, if a property owner, or their representative, requests a Temporary Certificate of Occupancy for
City parcel on City Water or County parcel on City Water prior to complete installation of the landscape and
irrigation, followed by a third -party audit, and final City of Aspen Approval Letter, the property owner will submit
an estimate to complete the remaining irrigation and landscaping work and pay a deposit as set out below prior to
issuance of the Temporary Certificate of Occupancy. Temporary Certificates of Occupancies issued during the
winter months must complete associated irrigation and landscaping per submitted plans and pass a completed 3rd
Party Audit and City of Aspen Final Inspection prior to July 15th of the subsequent irrigation season.
For project cost estimates, applicant is required to submit remaining project cost details including: plant
costs, labor costs, and irrigation system costs.
Deposit Schedule for Landscaping and Irrigation
Project cost estimate
Deposit
$0-50,000
50%—Minimum $5,000.00
$50,000-100, 000
25
Over $100,000
15%
(Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 9-2020 , § 1, 1-28-2020; Ord. No. 20-2021, § 1, 11-23-2021)
(Supp. NO. 2, Update 1)
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Created: 2021-06-27 06:59:55 [EST]
Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced
in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution
or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to
the taking effect of this Ordinance.
Section 3.
If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this
Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
Sectinn 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law.
Section S.
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 ordinance repealed or amended as herein provided, and the same
shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 15th day of November, 2022.
'Attest:
c
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved this 29th day of November, 2022.
Attest:
Nicole Henning, City Clerk
Approved as to form:
(Supp. NO. 2, Update 1)
Torre, Mayor
Created: 2021-06-27 06:59:57 [EST]
Page 32 of 33
James R. True, City Attorney
(Supp. NO. 2, Update 1)
Created: 2021-06-27 06:59:57 [EST]
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