HomeMy WebLinkAboutordinance.council.15-2023ORDINANCE NO. 15
Series 2023
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 ASPEW- UTILITIES —
SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE — GENERAL PROVISIONS;
25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; 25.28 WATER MANAGEMENT;
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 maintaining and improving the City's infrastructure to create
more efficient and resilient systems for the community that relies on these imporfiant 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, City Utilities believes in regular rate studies to ensure customers' needs are met,
revenues and expenditures are aligned, and the public electric and water systems remain sustainable and
resilient.
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:
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [E5T]
Page 1 of 35
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.
EV Charging services will be charged under Commercial ECI fee structure unless located directly in a Single
Family Residence in which case those services will be charged at the Residential ECI fee structure.
The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities
needeI to deliver electric services to new or expanded services. Effective January 1, 2024, 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
$1,985
$3,968
$5,293
$5,952
$13,735
200
$3,970
$7,936
$10,585
$11,903
$22,891
300
$7,939
$12,897
$15,878
$17,855
$41,204
400
$10,585
$17,196
$211171
$23,807
$54,939
600
$18,041
$29,307
$36,081
$40,573
$93,631
800
$24,054
$39,076
$48,108
$54,098
$124,841
1000
$30,068
$48,845
$601136
$67,622
$156,052
1200
$36,081
$58,614
$72,163
$81,147
$187,262
1400
$42,095
$68,383
$84,190
$94,671
$218,472
1600
$48,108
$78,152
$961217
$108,196
$249,683
1800
$54,122
$87,921
$108,244
$121,720
$280,893
2000
$60,136
$97,690
$120J271
$135,245
$312,104
2200
$66,149
$107,459
$132,298
$148,769
$343,314
2400
$72,163
$117,228
$144,325
$162,294
$374,524
2600
$75,410
$122,504
$150,820
$1691597
$391,378
2800
$78,803
$1281016
$157,607
$177,229
$408,990
3000 and above
$82,350
$133,777
$164,699
$185,204
$4271394
( 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; Ord. No. 16-2022 , § 1, 11-29-2022)
Sec. 25.04.036. Waivers and exemptions from electric community investment charges for
certain employee housing projects.
(a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for
exemption from, and waivers of, the utility investment charges and system development charges when
connecting to the City of Aspen's electric system. There are three (3) types of affordable housing projects
that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Affordable
Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable
Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 2 of 35
affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be
amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver
pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained
and continuously operable electric efficiency devices and practices as designated from time to time by the
City Council by ordinance, resolution, or by regulations issued by the City Manager or the Electric
Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined
as follows:
(1) Qualified Affordable Employee Housing shall be defined as publicly or privately constructed and owned
projects which:
a. Are not constructed for mitigation purposes or which receive any form of Affordable Housing
Credits such as those set forth at Chapter 26.540 of the Municipal Code, and
b. Are composed of one hundred percent (100%) employee housing units; and,
c. Are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin
County Housing Authority Guidelines, as may be amended from time to time; and,
d. Are maintained as qualified affordable housing.
(2) The Fee Waiver Schedule referred to in this section is the percent of the utility investment charges that
may be waived based upon the category of the units within the affordable housing project. The Fee
Waiver Scheduled is set forth in Figure 1, below.
Housing Categories as referenced in the Aspen/Pitkin County Housing Authority
Guidelines, as may be amended from time to time.
Fee Waiver Level
Category 1
100% Fee Wavier
Category 2
70% Fee Waiver
Category 3
40% Fee Waiver
Category 4
0% Fee Waiver
Category 5
0% Fee Waiver
Resident Occupied
0% Fee Waiver
Free Market Units
0% Fee Waiver
(3) Affordable and Free Market Mix shall be defined as a project that:
a. Consist of a mix of both deed restricted housing to ensure that all units are subject to the
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and
unrestricted housing (free market) units; and,
b. Were not constructed for mitigation purposes.
(c) Qualified Affordable Employee housing shall be exempt from all utility investment charges and system
development charges when connection is made to the City of Aspen's electric system.
(d) Affordable housing credits program. Projects that receive Affordable Housing Credits pursuant to Chapter
26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge
and system development charge as set forth in the Fee Waiver Schedule. If a project has a mix of categories,
the waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule.
(e) Affordable and free market mix. Projects that are determined to be Affordable and Free Market Mix of units,
and where no mitigation is required for the free market units, are eligible for a waiver of the percentage of
the total utility investment charge and system development charge as set forth in the Fee Waiver Schedule
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 3 of 35
for the affordable housing units. If a project has a mix of categories, the waiver shall be determined on a unit
by unit basis pursuant to the Fee Waiver Schedule.
(f) Revocation of exemptions and waiv(5rs. In the event that Qualified Employee Housing units, projects receiving
Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix projects, receive
an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable
housing units as contemplated herein; or, the electric efficiency devices and practices are not installed as
required, are not properly maintained or continuously operable, the developer of such units and the owners
thereof shall be jointly and severally liable to reimburse the City for the cost of the utility investment charges
and system development charges exempted by this Section. The City Manager shall establish a method of
accomplishing this payment so as not to be unduly burdensome on the developer or owners.
(g) Subsequent project changes. Utility connection charge and system development charge waivers for
affordable housing credit projects and affordable and free market mixed projects are a one-time occurrence
at the time of project completion. Additions, remodels, and, or changes that occur after original project
completion will not receive a utility connection charge or system development charge waiver, however a
credit for the ECU's assigned to the specific employee housing unit will be allowed against additional fees
due to these improvements.
(Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.04.037. 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, 2024, utility staff review fees for distributed energy
systems are:
System Size in kW
Distributed Energy System
Only
Distributed Energy System
and Battery Storage
0 - 9.99 kW
$200
$250
10 - 24.99 kW
$500
$1,000
15 kW and up
$800
$2,000
20-20211 § 11 11-23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
Sec. 25.04.040. Electric service rates.
(a) EV Charging services will be charged as a Large Commercial Customer if the electric meter connected to
the EV Charger has a measured kW use of 40 kW or more for a minimum of 7 out of 12 months in both
of the last 2 years. If the electric meter connected to the EV Charger has a measured use of less than 40
kW for 7 out of 12 months in the past two years, and if the EV charger is not situated within a Single
Family Residence, it will be charged as a Small Commercial Customer. If the electric meter connected to
the EV Charger is located directly in a Single Family Residence, it will be charged as a Residential
Customer.
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 4 of 35
(b) Effective in the January 2024 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
$23.64
$16.55
$31.34
$28.84
200 AMP
$46.02
$32.21
$60.39
$53.33
300 AMP
$102220
$71.54
$98.80
$85.04
400 AMP
$148097
$104028
$143671
$122059
600 AMP
$262080
$183096
$253000
$215.77
800 AMP
$396016
$277931
$381005
$326.33
1000 AMP
$551084
$386029
$530a53
$453037
1200 AMP
$720044
$504631
$692041
$595464
1400 AMP
$914097
$640048
$879619
$755659
1600 AMP
$1,109049
$776.64
$1,065096
$915.53
1800 AMP
$1,320081
$924057
$1,268886
$1,097683
2000 AMP
$1,556.49
$1,089.54
$1,495015
$1,292594
2200 AMP
$1,821009
$1,274076
$1,749832
$1,512674
2400 AMP
$2,130*67
$1,491047
$2,046.71
$11769.90
2600 AMP
$2,492089
$1,745802
$2,394.65
$2,070979
2800 AMP
$2,916068
$2,041068
$2,801074
$2,422082
3000 AMP and
above
$3,412652
$2,388.76
$3,278904
$2,834.70
(b) In addition to the monthly customer availability charge, and effective in the January 2024 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
$060962
11080
$001442
1,920
$0.2229
11920
$0,3939
AMP
200
520
$000962
11360
$041442
21800
$0.2229
21800
$0.3939
AMP
300
11600
$0.0962
31600
$001442
61160
$0.2229
61160
$0.3939
AMP
400
11600
$000962
31600
$001442
61160
$0.2229
61160
$003939
AMP
600
21800
$060962
51440
$001442
81800
$0.2229
81800
$0.3939
AMP
800
21800
$050962
51440
$0o1442
81800
$002229
81800
$0.3939
AMP
1000
21800
$000962
51440
$001442
81800
$002229
81800
$0.3939
AMP
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 5 of 35
1200
21800
$0.0962
51440
$001442
81800
$092229
81800
$093939
AMP
1400
21800
$000962
51440
$001442
81800
$002229
81800
$0.3939
AMP
1600
AMP
21800
$000962
51440
$0.1442
81800
$0.2229
81800
$003939
1800
AMP
21800
$050962
51440
$061442
81800
$002229
81800
$0.3939
2000
2,800
$000962
51440
$0.1442
81800
$092229
81800
$003939
AMP
2200
21800
$0.0962
51440
$001442
81800
$0.2229
81800
$0.3939
AMP
2400
AMP
21800
$090962
51440
$041442
81800
$062229
81800
$0,3939
2600
21800
$080962
51440
$0.1442
81800
$0.2229
81800
$003939
AMP
2800
AMP
21800
$0.0962
51440
$0.1442
81800
$0.2229
81800
$003939
3000
21800
$0.0962
51440
$0.1442
81800
$0.2229
81800
$0.3939
AMP
and
above
(c) Effective January 1, 2022, 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.
(d) EV Charging services will be charged as a Large Commercial Customer if the electric meter connected to
the EV Charger has a measured kW use of 40 kW or more for a minimum of 7 out of 12 months in both
of the last 2 years. If the electric meter connected to the EV Charger has a measured use of less than 40
kW for 7 out of 12 months in the past two years, and if the EV charger is not situated within a Single -
Family Residence, it will be charged as a Small Commercial Customer. If the electric meter connected to
the EV Charger is located directly in a Single -Family Residence, it will be charged as a Residential
Customer.
(e) In addition to the monthly customer availability charge, and effective in the January 2024 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
$0.1050
2320
$001313
4800
$0.1970
4800
$0.3152
AMP
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 6 of 35
200
1280
$0.1050
3120
$091313
5760
$001970
5760
$003152
AMP
300
3360
$0.1050
7120
$0.1313
12240
$001970
12240
$0.3152
AMP
400
3360
$0.1050
7120
$0.1313
12240
$001970
12240
$0.3152
AMP
600
6560
$0.1050
13200
$001313
18400
$001970
18400
$0.3152
AMP
800
13600
$0.1050
28000
$001313
44800
$0.1970
44800
$0.3152
AMP
1000
13600
$091050
28000
$001313
44800
$061970
44800
$0.3152
AMP
1200
13600
$0.1050
28000
$0.1313
44800
$091970
44800
$003152
AMP
1400
13600
$1n105O
28000
$0.1313
44800
$061970
44800
$0.3152
AMP
1600
13600
$0.1050
28000
$001313
44800
$061970
44800
$0.3152
AMP
1800
13600
$0.1050
28000
$001313
44800
$001970
44800
$003152
AMP
2000
13600
$001050
28000
$0.1313
44800
$001970
44800
$003152
AMP
2200
13600
$091050
28000
$0.1313
44800
$001970
44800
$0.3152
AMP
2400
13600
$0.1050
28000
$0.1313
44800
$061970
44800
$0.3152
AMP
2600
13600
$0.1050
28000
$001313
44800
$091970
44800
$003152
AMP
2800
13600
$0.1050
28000
$0.1313
44800
$0.1970
44800
$093152
AMP
3000
13600
$0.1050
28000
$0.1313
44800
$001970
44800
$003152
AMP
and
above
(d) In addition to the monthly customer availability charge, and effective in the January 2024 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 forty (40) kW
peak monthly demand a minimum of seven (7) out of twelve (12) months in both of the last two (2) years.
(e) EV Charging services will be charged as a Large Commercial Customer if the electric meter connected to the
EV Charger has a measured kW use of 40 kW or more for a minimum of 7 out of 12 months in both of the last
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 7 of 35
2 years. If the electric meter connected to the EV Charger has a measured use of less than 40 kW for 7 out of
12 months in the past two years, and if the EV charger is not situated within a Single Family Residence, it will
be charged as a Small Commercial Customer. If the electric meter connected to the EV Charger is located
directly in a Single Family Residence, it will be charged as a Residential Customer.
AMP Size
Usage
Up To
Per KWh
Remaining
Usage Over
Per KWh
Demand Charge
on Customer
Peak kW
100 AMP
23200
$0.0703
23200
$000879
$22.70
200 AMP
23200
$0.0703
23200
$020879
$22.70
300 AMP
23200
$0.0703
23200
$000879
$22.70
400 AMP
23200
$080703
23200
$000879
$22.70
600 AMP
23200
$000703
23200
$000879
$22.70
800 AMP
23200
$000703
23200
$040879
$22.70
1000 AMP
23200
$060703
23200
$040879
$22.70
1200 AMP
23200
$0.0703
23200
$000879
$22.70
1400 AMP
23200
$040703
23200
$000879
$22.70
1600 AMP
23200
$0.0703
23200
$010879
$22.70
1800 AMP
23200
$000703
23200
$000879
$22.70
2000 AMP
23200
$000703
23200
$000879
$22.70
2200 AMP
23200
$000703
23200
$040879
$22.70
2400 AMP
23200
$000703
23200
$060879
$22.70
2600 AMP
23200
$000703
23200
$060879
$22.70
2800 AMP
23200
$000703
23200
$060879
$22.70
3000 AMP
and above
23200
$0.0703
23200
$000879
$22.70
(e) In addition to the monthly customer availability charge, and effective in the January 2024 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
775
0.0962
2,050
0.1442
21550
0.2229
21550
0.3939
200 AMP
11050
0.0962
2,750
0.1442
3,900
0.2229
31900
0.3939
300 AMP
11840
0.0962
41140
0.1442
71084
0.2229
7,084
0.3939
(f) In addition to the monthly customer availability charge, and effective in the January 2024 monthly billing, an
alternative customer rate shall be available for new, all -electric residential properties. This rate shall be
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 8 of 35
available for all electric residential properties with new or upgraded construction that complies with the
International Energy Conservation Code 2021 edition as stated in Municipal Code 8.46, including
amendments as stated in Ordinance 1, Series of 2023. This rate will only be applied to residential electric
accounts that have been reviewed and approved as a qualifying 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:
(1) Residential all -electric monthly kWh rate:
Additional
Additional
Remaining
AMP
Usage
per KWh
Usage Up
Per KWh
Usage Up
Per
Usage
Per KWh
Size
Up To
To
To
KWh
Over
100
460
$060962
11242
$081442
21208
$002229
21208
$003939
AMP
200
598
$090962
1,564
$001442
31220
$002229
31220
$003939
AMP
300
11840
$000962
41140
$091442
71084
$002229
71084
$003939
AMP
400
11840
$000962
41140
$0.1442
71084
$082229
71084
$063939
AMP
600
31220
$060962
61256
$0.1442
10,120
$002229
10,120
$093939
AMP
800
31220
$000962
61256
$0.1442
10,120
$002229
10,120
$083939
AMP
1000
31220
$050962
61256
$001442
107120
$002229
107120
$003939
AMP
1200
31220
$080962
6,256
$041442
101120
$052229
10,120
$093939
AMP
1400
31220
$000962
67256
$061442
10,120
$0.2229
10,120
$003939
AMP
1600
3 220
$000962
61256
$051442
10,120
$082229
10,120
$063939
AMP
1800
31220
$090962
61256
$091442
101120
$022229
10,120
$0.3939
AMP
2000
31220
$060962
61256
$001442
10,120
$0.2229
101120
$003939
AMP
2200
31220
$0,0962
6,256
$041442
10,120
$092229
10,120
$003939
AMP
2400
31220
$0.0962
61256
$001442
101120
$0.2229
10,120
$0.3939
AMP
2600
31220
$060962
61256
$001442
10,120
$092229
101120
$093939
AMP
2800
31220
$000962
61256
$001442
10,120
$002229
101120
$093939
AMP
(Supp. No. 3j
Created: 2023-01-18 11:12:51 [EST]
Page 9 of 35
3000
AMP
and
above
3,220
6,256
$0.1442
10,120
$0.2229
$0.3939
(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 , § 11 11-24-2020; Ord. No. 20-2021 , § 11 11-23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
Sec. 25.04.045. Late payment charge.
Payments for electric service, transformers and other associated electric fees and charges shall be due thirty
(30) days after the billed date. Any amount due, but not received by the City by the due date, shall be subject to a
past due monthly interest charge of three percent (3%) of the total amount due; subject, however, to a minimum
charge of three dollars ($3.00). Balances of less than five dollars ($5.00) shall not be subject to this charge.
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 bung 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
A 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
(Supp. No. 3)
Created: 2023-01-18 11:12:51 [EST]
Page 10 of 35
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.
Temporary Irrigation is temporarily installed irrigation for the sole purpose of low water use and
drought tolerant plant establishment pursuant to the terms set forth in a City of Aspen Temporary
Irrigation Water Service Agreement.
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.
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 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.
Water service 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.
Water service 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. 394993, § 1; Ord. No. 30-2012 § 1; Ord. No. 24-2019 , § 1,
11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 16-2022 , § 1, 11-29-2022)
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):
(Supp. No. 3)
ECU
Created: 2023-01-18 11:12:52 [EST]
Page 11 of 35
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):
ECU
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
• • • • • •
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(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 12 of 35
(4) RESTAURANTS: Each seat: 0.07 ECU.
(5) NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 25/0.024 ECU thereafter.
(6) OFFICE SPACE: Each one hundred (100) square feet: 0.02 ECU.
(7) RETAIL SPACE: Each one hundred (100) square feet: 0.01 ECU.
(8) COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.04 ECU.
(9) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.04 ECU.
(10) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten (10) seats: 0.080 ECU
year-round/0.048 ECU summer.
(11) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative office space):
Each pupil: 0.02 ECU per maximum capacity.
(12) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 ECU.
(13) GAS STATIONS: Each service or lubrication bay: 0.25 ECU.
(14) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45 ECU.
(15) 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 %S" of
supply line diameter)
Oslo
Dishwasher drawer (single)
0.05
Steamer oven
0.05
Household clothes washer
Oslo
Commercial clothes washer (per %8"
of supply line diameter)
0.10
Commercial icemaker (per %8" of supply
line diameter)
0.05
Steam room
0.08
Water bottle fill station
0.05
Whole home humidifier
0.30
Single room humidifier
0.05
Coffee urn
0.05
Tub/shower (combined or separate)
0.05
MINNEEN
Bidet
0.05
Ems
Wet saunas
0.08
Room humidifier
0.05
(Supp. No. 3J
Created: 2023-01-18 11:12:52 [EST]
Page 13 of 35
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 gallons per day for non -consumptive use
1.50
Each 1,000 gallons per day for consumptive use
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
Commercial
0.01
Fire protection sprinkler heads
0.00
1s' Hose bib
0.20
2nd Hose bib
0.10
Additional Hose bib(s)
0.05
Overhead Spray Irrigation
0.01/100
MENNEN
sq. ft.
Bubbler Irrigation
0.005/100
MENNEN
sq. ft.
Drip Emitter Irrigation
0.001/100
MEME
sq. ft.
Recirculating Water Feature (Pre-existing Only)
0.10
Yard Hydrant
0.05
(c) No 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 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
determined by the Water Department at the customer's expense
ECU rating, the service may be rated as
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"
2.0
1%"
3.0
1%"
MENOMINEE
4.0
2"
8.0
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 14 of 35
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.
(f) The ECU rating per customer pursuant to Subsections (a), (b), (c) or (e) 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.
(g) 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 , § 21 6-24-2019; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 11 11-24-2020; Ord. No.
20-2021, § 1, 11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022)
Sec. 25.12.020. Application for utility service.
(a) Where both the utility service connection and all points of consumption are within the corporate limits of the
City, this shall be considered to be a utility service within the corporate limits of the City and shall be made as
provided in this Chapter and in accordance with the Aspen Area Community Plan and City Council resolutions
relating to water policies and operating procedures, as such exist at the time of the request for connection.
(b) Every extension of water service where either the utility service connection or any point of consumption is
outside the corporate limits of the City shall be considered an extraterritorial tap and shall be made only
pursuant to agreement with the City, in accordance with the City water main extension policy and consistent
with the Aspen Area Community Plan and City Council resolutions relating to water policy and operating
procedures as such exist at the time of the request for connection, and such extraterritorial service must be
approved by City Council ordinance as required by the Charter. The City shall not be obligated to extend
water service outside the corporate limits of the City and may grant water service only upon a determination
that no conflict exists between the best interests of the City, as expressed in the Aspen Area Community Plan
and as otherwise determined by the City Council and the prospective water use. The City may impose such
contract, water rights dedication, system development fees, and bond requirements as it deems necessary to
safeguard the best interests of the City. An individual extraterritorial connection (including a fire hydrant)
made to an existing City water main, pursuant to Water Department procedures for such connections, is
deemed to be an extraterritorial water connection approved by City Council without the need for further City
Council ordinance. If the City agrees to accept a payment in lieu of water rights dedication, that fee will be six
thousand seven hundred thirty-six dollars $7,410.00 per ECU commencing January 1, 2021.
(c) Any person who desires to connect to the municipal water utility system or who is already connected to the
municipal water utility system and intends to add or change a water demand factor or fixture shall file an
application for utility service provided in Subsections (e) and (f) of this Section and pay all fees prior to
obtaining a required building or plumbing permit. If no building or plumbing permit is required, the
application shall be made prior to making the connection or to adding or changing the water demand factor
or fixtures. All utility development review fees, utility investment charges, system development fees, hook-
up charges, water main extension costs, and water rights dedication or fees in lieu of water rights dedication
shall be due and payable when all city submittal fees are due unless prior written approval is obtained from
the Water Department for a different method of payment.
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 15 of 35
(d) Persons seeking an alternate method of payment of the assessment fee(s), shall make written application to
the Water Department specifying the method of payment and all related forms. The Water Department
upon review of the application, shall either approve, disapprove, or modify the proposal to satisfy Water
Department needs.
(e) Applications for utility service shall be made in writing to the Water Department on such forms as the Water
Department may prescribe. Except as provided in Subsection (f) of this Section, application must be made by
the owner of the property to be served or his or her duly authorized agent, designating the property, stating
the purpose for which the water may be required and stating the ECU rating associated with such purpose.
(f) Any person not an owner may apply to the Water Department for utility service to property which said
person occupies but does not own. The application shall state the location of the property, the purpose for
which water is required and the interest of the applicant in the property. The Director of Utilities may, in the
exercise of his or her discretion, accept the non -owner application for utility service and may impose such
conditions as it sees fit with regard to the account, including the furnishing of a deposit.
(g) A utility connection application shall be required, utility investment charges shall be assessed and, where
appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be required for any
new or expanded use of water, whether or not such new or expanded use requires a new or enlarged utility
service connection.
(Code 1971, § 23-56; Ord. No. 27-1985 , § 1; Ord. No. 8-1988 , § 1; Ord. 39-1993 , § 4; Ord. No. 16-1994 , §§ 1, 2;
M. No. 30-2012 § 6; Ord. No. 24-2019 , § 11 11-26-2019; Ord. No. 17-2020 , § 11 11-24-2020)
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
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 bung 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) [Utty Development Fees.]
Utility Development Fees
2024 Rate
Projects
with Oto 200 Sq. Ft. of Affected Area
$400.00
Projects
with 201 to 5,000 Sq. Ft. of Affected Area
$2.36/sq. ft.
Projects
of 5,001 to 15,000 Sq. Ft. of Affected Area
$2.36/sq. ft. for 1st 5,000 sq. ft. + $1.97/sq. ft.
thereafter
Projects
Area
with more than 15,000 Sq. Ft. of Affected
$2.36/sq. ft. for 1st 5,000 sq. ft. + $1.97/sq. ft. for next
10,000 sq. ft. + $1.81 sq. ft. thereafter
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [E5T]
Page 16 of 35
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.
(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, removing impervious area, adding impervious area,
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.
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 17 of 35
(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.
(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.
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 18 of 35
(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 , § 11 11-26-2019; Ord. No. 17-2020 , § 11 11-24-2020;
M. No. 16-2022 , § 11 11-29-2022)
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, 2024:
Billing
Area
2024 Charges per ECU
Billing
Area
1
$11,730
Billing
Area
2
$23,460
Billing
Area
3
$23,460
Billing
Area
4
$14,663
Billing
Area
5
$20,528
Billing
Area
6
$23,460
Billing
Area
7
$17,595
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.
(Supp. No. 3)
Created: 2023-01-18 11:12:52 [EST]
Page 19 of 35
(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
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 eight hundred forty-five dollars
($1,845.000)/ECU.
(Code 19711 § 0 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 , § 11 11-26-2019; Ord. No. 17-
2020 , § 11 11-24-2020; Ord. No. 20-2021, § 11 11-23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
Sec. 25.12.060. Utility hookup charge.
(a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipment required to make
a tap. Effective January 1, 2024, the utility hookup charge shall be as follows:
Line Size
2024 Charges
3/4"
$21000.00
1"
$21500.00
15'
$3,000000
2
$51000.00
4
$71000.00
6"
$9,000.00
8"
$11,000000
(b) In addition to the costs listed above, the cost of the corporation stop, and other materials used in making the
tap shall be charged at the actual cost of materials plus a twenty-five percent (25%) handling and stocking
charge. The cost of the installation of the corporation stop shall also be included. The water user shall furnish
and pay for all other materials, labor and all expenses in and about the making of all connections with the
main, including all costs of the service lines and meter installations, except for the specific costs included in
the utility hookup charge in this Section.
(c) If warranted by unusual or special circumstances, the Water Department may impose special utility hookup
charges.
(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 § 9; Ord. No. 30-2018 ;Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-
2020 , § 11 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021)
Sec. 25.12.160. Waivers and exemptions from utility investment charges far certain employee
housing projects.
(a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for
exemption from, and waivers of, the utility investment charges and system development charges when
connecting to the City of Aspen's water system. There are three (3) types of affordable housing projects that
are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Affordable Employee
Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable Housing
Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of
affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be
amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver
Created: 2023-01-18 11:12:52 [EST]
(Supp. No. 3)
Page 20 of 35
pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained
and continuously operable water conservation devices and practices as designated from time to time by the
City Council by ordinance, resolution, or by regulations issued by the City Manager or the Water Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined
as follows:
(1) Quaed Affordable Employee Housing shall be defined as publicly or privately constructed and owned
projects which:
a. Are not constructed for mitigation purposes or which receive any form of Affordable Housing
Credits such as those set forth at Chapter 26.540 of the Municipal Code; and
b. Are composed of one hundred percent (100%) employee housing units; and,
c. Are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin
County Housing Authority Guidelines, as may be amended from time to time, and,
d. Are maintained as qualified affordable housing.
(2) The Fee Waiver Schedule referred to in this section is the percent of the utility investment charges that
may be waived based upon the category of the units within the affordable housing project. The Fee
Waiver Scheduled is set forth in Figure 1, below.
Housing Categories as referenced in the Aspen/Pitkin County Housing Authority
Guidelines, as may be amended from time to time.
Fee Waiver
Level
Category 1
100%
Fee Wavier
Category 2
70% Fee Waiver
Category 3
40% Fee Waiver
Category 4
0% Fee
Waiver
Category 5
0% Fee
Waiver
Resident Occupied
0% Fee
Waiver
Free Market Units
0% Fee
Waiver
(3) Affordable and Free Market Mix shall be defined as a project that:
a. Consist of a mix of both deed restricted housing to ensure that all units are subject to the
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and
unrestricted housing (free market) units; and,
b. Were not constructed for mitigation purposes.
(c) Qualified Affordable Employee housing shall be exempt from all utility investment charges and system
development charges when connection is made to the City of Aspen's water system.
(d) Affordable Housing Credits Program. Projects that receive Affordable Housing Credits pursuant to Chapter
26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge
and system development charge as set forth in the Fee Waiver Schedule. If a project has a mix of categories,
the waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule.
(e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units,
anA where no mitigation is required for the free market units, are eligible for a waiver of the percentage of
the total utility investment charge and system development charge as set forth in the Fee Waiver Schedule
for the affordable housing units. If a project has a mix of categories, the waiver shall be determined on a unit
by unit basis pursuant to the Fee Waiver Schedule.
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 21 of 35
(f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units, projects
receiving Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix
projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue
being affordable housing units as contemplated herein; or, the water conservation devices and practices are
not installed as required, are not properly maintained or continuously operable, the developer of such units
and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the utility
investment charges and system development charges exempted by this Section. The City Manager shall
establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or
owners.
(g) Subsequent Project Changes. Utility connection charge and system development charge waivers for
affordable housing credit projects and affordable and free market mixed projects are a one-time occurrence
at the time of project completion. Additions, remodels, and, or changes that occur after original project
completion will not receive a utility connection charge or system development charge waiver, however a
credit for the ECU's assigned to the specific employee housing unit will be allowed against additional fees
due to these improvements.
( Ord. No. 8-1995, § 1 ;Ord. No. 36-1995 , § 2; Ord. No. 13-2011 ;Ord. No. 30-2012 § 19; Ord. No. 24-2019 , § 1,
11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
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 2024 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
$6.80
2
2.00
$13.60
3
2.00
$13.60
4
1.25
$8.50
5
1.75
$11.90
6
2.00
$13.60
7
1.50
$10.20
(b) Effective in the January 2024 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
41000 3.78
1 10,000
$4.85
14,000
$6.94
1 14,000
$15.63
(c) Effective in the January 2024 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 1,000 Gallons Pumped
1
$3.36
(Supp. No. 3)
Created; 2023-01-18 11:12:53 [EST]
Page 22 of 35
2
$6.72
3
$10.08
(d) Effective in the January 2024 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
1.00
$4.95
2
2000
$9.90
3
2000
$9.90
4
1.25
$6.19
5
1.75
$8.66
6
2.00
$9.90
7
1.50
$7.43
(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. 344988, § 1 ; Ord. No. 194990, § 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 , § 11 11-26-2019; Ord, No.
17-2020 , § 11 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022)
Sec. 25.16.011. Bulk rates for metered water service.
(a) Effective in the January 2024 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 2,940,000 gallons
$5.86
Over 2,940,000 gallons
$13.74
(b) Effective January 1, 2024, the demand charge per fill up for fill station water sales pursuant to Subsection
25.08.020(e) shall be thirty-five dollars ($35.00) per day.
(c) Effective January 1, 2024, the variable charge for fill station bulk water sales pursuant to Subsection
25.08.020(e) shall be twenty dollars and 0.52 cents ($20.52) per one thousand (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 twenty-one dollars ($21.00) per one thousand (1,000) gallons in areas that are gravity feed, thirty
dollars ($30.00) per one thousand (1,000) gallons in water service areas that are in a one -pump zone; and,
thirty-five dollars ($35.00) per one thousand (1,000) gallons in areas that are in a two -pump zone.
( Ord. No. 45-2015 ;Ord. No. 38-2016 ;Ord. No. 28-2018 ;Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , §
1, 11-24-2020;11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022)
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 23 of 35
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 and 2024 Rate
Per 1,000 Sq. Ft. $49.44
(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, 2024, the one-time application and processing fee is one hundred fifty dollars, ($150.00)
(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; Ord. No. 16-2022 , § 1, 11-29-2022)
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 and 2024 Rate
Per 1,000 Gallons
$5.73
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 24 of 35
(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 Monthly -May 2023 and 2024 Rate
through October
Seasonal Rate Per 1,000 Sq. Ft. $201985
Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month Irrigation Season $33.64
(e) Carriage rates for raw water, (see "Definons" 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) for each additional offense.
( 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; Ord. No. 16-2022 , § 11 11-29-2022)
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 2024 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
$8.50
2
2.00
$17.00
3
2.00
$17.00
4
1.25
$10.63
5
1.75
$14.88
6
2.00
$17.00
7
1.50
$12.75
(b) Effective in the January 2024 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
$4.95
2
2.00
$9.90
3
.00
$9.90
4
[1!*25E
$6.19
5
.75
$8.66
6
2.00
$9.90
7
1 1.50
$7.43
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 25 of 35
(c) Construction accounts shall pay demand and fire protection charges at the same rates as metered caste,., ems
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.
( Ord. No. 35-2011 § 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 , § 11 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-
23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
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 2024 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
$6.80
2
2.00
$13.60
3
2000
$13.60
4
1.25
$8.50
5
1.75
$11.90
6
2000
$13.60
7
1.50
$10.20
(b) Effective in the January 2024 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
1900
$4.95
2
2000
$9.90
3
2.00
$9.90
4
1.25
$6.19
5
1.75
$8.66
6
2.00
$9.90
7
1.50
$7.43
( Ord. No. 35-2011 § 5 ;Ord. No. 30-2012 § 26 ;Ord. No. 38-2014 § 5 ;Ord
No. 27-2017 ;Ord. No. 28-2018 ;Ord. No. 24-2019 , § 1, 11-26-2019; Ord.
20-20211 § 11 11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022)
Sec. 25.16.016. Monthly rates for pre -tap water service.
. No. 45-2015 ,Ord. No. 38-2016 ;Ord.
No. 17-2020 , § 1, 11-24-2020; Ord. No.
All pre -tap water accounts shall pay the sum of charges one (1) and
(a) Effective in the January 2024 monthly billing, all pre -tap accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor (Included) Per ECU Rate
(Sapp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 26 of 35
1
1.00
$6.80
2
2.00
$13.60
3
2.00
$13.60
4
1.25
$8.50
5
1.75
$11.90
6
2.00
$13.60
7
1.50
$10.20
(b) Effective in the January 2024 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
$4.95
2
2000
$9.90
3
2.00
$9.90
4
1.25
$6.19
5
1975
$8.66
6
2.00
$9.90
7
1.50
$7.43
( 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 , § 11 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord, No.
20-2021, § 1, 11-23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
Sec. 25.16.020. Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one (1) and
(a) Effective in the January 2024 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
$121.22
2
2.00
$ 242.46
3
2.00
$242.46
4
1.25
$151.53
5
1.75
$212016
6 1
2.00
$242.46
7 1
1.50
$181.85
(b) Effective in the January 2024 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
$4.95
2
2.00
$9.90
3
2.00
$9.90
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 27 of 35
4
1.25
$6.19
5
1975
$8.66
6
2.00
$9.90
7
1.50
$7.43
( Ord. No. 35-2011, § 6 ;Ord. No. 30-2012 § 27 ;Ord. No. 38-2014, § 7 ;Ord. No. 45-2015 ,Ord. No. 38-2016 ;Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 11 11-26-2019; Ord. No. 17-2020 , § 11 11-24-2020; Ord. No.
20-20211 § 11 11-23-2021; Ord. No. 16-2022 , § 11 11-29-2022)
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 2024 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%
$6.12
2
2000
90%
$12.24
3
2.00
90%
$12.24
4
1925
90%
$7.65
5
1.75
90%
$10.71
6
2000
90%
$12.24
7
1.50
90%
$9.18
(2) Effective in the January 2024 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
41000 1$3.78
1 10,000
$4.85
14,000
$6.94
14,000
$15.63
(3) Effective in the January 2024 monthly billing, all senior metered accounts within service area pumped
zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows:
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 28 of 35
# of Pumps Rate Per 1,000 Gallons Pumped
1 $3.36
2 $6.72
3 $10.08
(4) Effective in the January 2024 monthly billing, all senior metered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area
Billing Factor
(Included)
Percentage of
Regular Metered
Demand
Per ECU Rate
1
1.00
90%
$4.46
2
2000
90%
$8.91
3
2.00
90%
$8.91
4
1.25
90%
$5.57
5
1.75
90/0
$7.80
6
2.00
90%
$8.91
7
1.50
90%
$6.68
(e) 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 2024 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%
$36.37
2
2.00
30%
$72.74
3
2.00
30%
$72.74
4
1.25
30%
$45.46
5
1.75
30%
$63.65
6
2.00
30%
$72.74
7
1.50
30%
$54.56
(2) Effective in the January 2024 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
Demand
Per ECU Rate
1
1.00
30%
$1.49
2
2.00
30%
$2.97
3
2.00
30%
$2.97
4
1.25
30%
$1.86
5
1.75
30%
$2.60
6
2.00
30%
$2.97
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 29 of 35
7 1 1.50 30% 1 $2.23
(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. No. 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. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019;
Ord. No. 17-2020 , § 11 11-24-2020; Ord. No. 20-20211 § 11 11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022)
Sec. 25.16.022. Late payment charge.
Payments for water service, utility investment charges, system development charges, hook-up fees, and
utilities review fees shall be due thirty (30) days after billed date. Any amount due, but not received by the City by
the due date, shall be subject to a past due monthly interest charge of three percent (3%) of the total amount due;
subject, however, to a minimum charge of three dollars ($3.00). Balances of less than five dollars ($5.00) shall not
be subject to this charge.
( Ord. 36-1996, §§ 2, 3 ;Ord. No. 45-1999, § 16 (part); Ord. No. 30-2012 § 29 ,Ord. No. 38-2016 ;Ord. No. 17-2020
§ 11 11-24-2020)
Sec. 25.16.030. Meter regulations; mandatory metering.
(a) Except as expressly provided in this Chapter, all water service shall be metered. The Water department
requires mandatory metering of all properties receiving treated water. An unmetered rate is only allowed if
a property is under construction and there is no physical and/or safe method to install a meter during the
completion of the construction project. Once construction is complete, no Certificate of Occupancy will be
given without a passed water meter install and inspection.
(b) The installation of all meters shall conform to specifications of the Water Department.
(c) The Water Department may, in its sole discretion, install a meter on any connection which has not been
converted to metered service by June 1, 1985 and shall charge the customer all costs of such installation. The
Water Department may also, in its sole discretion, disconnect any water service which has not been
converted to metered service by June 1, 1985 and may not reconnect such service until it is metered. The
customer shall pay all costs of any such connection and reconnection including any utility investment
charges, system development fees and hook-up charges which may be due.
(Code 1971, § 23-104; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 30; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.28.021—Voluntary Valley -Wide Recommended Irrigation Schedule.
This is a voluntary water wasting section and as such is considered subordinate to the following mandatory
code sections: (1) Sec.25.28.020 Wasting of water prohibited; (2) Sec. 25.28.022 Exceptions to wasting of water;
and, (3) Sec. 25.28.030 Water shortage declaration.
In addition to the above -mentioned mandatory water wasting sections, this voluntary section strongly
encourages any person or entity using water from the City water system or any system connected thereto to
voluntarily adhere to the following recommendations to avoid wasting irrigation water. For purposes of this
Section, wasting irrigation water shall mean the following:
(Supp. No. 3)
Created: 2023-01-18 11:12:53 [EST]
Page 30 of 35
(a) Watering with spray irrigation between the hours of 9:00 a.m. and 6:00 p.m. or outside of the water use
schedule defined here:
i. Customers whose property address (base number) ends in an odd number may irrigate outdoors
on Wednesdays, Fridays, and Sundays only.
Customers whose property address (base number) ends in an even number (including 0) may
irrigate outdoors on Tuesdays, Thursdays, and Saturdays only.
iii. No outside irrigation shall be allowed on Mondays.
iv. In effect, a customer with an address ending in an odd number may only water on Wednesdays,
Fridays, and Sundays between the hours of 12:00 a.m. and 9:00 a.m. and/or between the hours
of 6:00 p.m. and 11:59 p.m. A customer with an address ending in an even number may only
water on Tuesdays, Thursdays, and Saturdays between the hours of 12:00 a.m. and 9:00 a.m.
and/or between the hours 6:00 p.m. and 11:59 p.m.
Sec. 25.28.022. Exceptions to wasting of water.
The following activities do not constitute the wasting of water for purposes of Section 25.20.020:
(a) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities; or
(b) Flow resulting from routine inspection, operation, or maintenance of a utility water system; or
(c) Water applied as a dust control measure; or
(d) Water used for construction or maintenance activities where the application of water is the
appropriate methodology and where no other practical alternative exists; or
(e) Street sweeping; or
(f) Other watering activities reasonably necessary to protect public health or safety.
No. 10-2020 , § 21 8-25-2020)
Sec. 25.28.030. Water shortage declaration.
(a) A water shortage shall be declared upon a finding by the City Council that the City is facing a shortage in its
supply of water due to drought, system capacity, or any other cause. Such a finding shall be made by
resolution.
(b) The provisions of this Chapter shall apply to the use of the treated water supply, including fill station(s) for
bulk water sales; pressurized and non -pressurized raw water, and reuse water of the City to the extent any
City -customer agreements provide for curtailment of water use or suspension of water delivery during water
shortages or emergencies.
(c) The City Council shall regulate the water service usage in accordance with subsection (a) of this section
through adoption by resolution of a "drought mitigation and response plan", which shall be prepared and
maintained by the Aspen Utilities Department.
(d) The City Manager shall promulgate rules and regulations to implement the response plan as appropriate to
aAAress the water shortage declared by City Council. Such rules and regulations may include exemptions, as
deemed appropriate by the City Manager.
(e) When the resolution finding a water shortage is approved, the plan set forth in the rules and regulations shall
be implemented. Such rules and regulations shall have full force and effect and shall be enforceable until
such a time as the water shortage is found by City Council to have ended. It shall be an additional
(Supp. No. 3)
Created: 2023-01-18 11:12:54 [EST]
Page 31 of 35
responsibility of the Utilities Director, under direction of the City Manager, to ensure that the measures
described in the rules and regulations are carried out and to provide sufficient coordination between City
departments.
(f) In the event of an emergency, the City Manager shall have the authority to institute rules and regulations
affecting the uses of all water served by the water delivery system until such a time that a water shortage
declaration can be made by the City Council but no longer than 21 consecutive days.
(Ord. No. 10-2020 , § 21 8-25-2020)
Sec. 25.28.050. Monthly rates for water shortages.
Unless an alternative system of charges is adopted by City Council, temporary rates will be in effect during
the time that the City Council declares a water shortage. Factors from the tables below will be specified in the rules
and regulations for the water shortage declared by City Council and will be applied to monthly variable charges
identified in Section 25.16.010 to develop temporary rate increases. Temporary rate increases shall go into effect
after a minimum of a 48-hour notification of this rate change by the City of Aspen City Manager and as set forth in
the rules and regulations provided via Public Notice.
(a) Four -Tier Rate Structure:
Billing Tier
Usage in Gallons Per
ECU
Stage 1
Stage 2
Stage 3
Emergency
Response
I
0 to 4,000
1.0
1.0
1.0
1.0
II
4,001 to 10,000
1.0
1.0
1.0
1.0
III
10,001 to 14,000
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
IV
Over 14,000
1.0 to 2.50
1.0 to 2.50
1.0 to 2.50
1.0 to 2.50
(b) Two -Tier Rate Structure (Bulk Water Customers):
Billing Tier
Usage in Gallons Per
ECU
Stage 1
Stage 2
Stage 3
Emergency
Response
0 to 2,940
1.0
1.0
1.0
1.0
II
Over 2,940
1.0 to 1.75
1.0 to 1.75
1.0 to 1.75
1.0 to 1.75
(c) One -Tier Rate Structure (Bulk Water Customers/Fill Stations):
Billing Tier
Usage in Gallons Per
ECU
Stage 1
Stage 2
Stage 3
Emergency
Response
I
0 to 999,999,999
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
(d) Raw Water Rate Structure, Pressurized and Non -Pressurized:
Non -Pressurized now
Pressurized Raw
Stage 1
Stage 2
Stage 3
Emergency
Water
Water
Response
Per 1,000 Sq. Ft
Per 1,000
Gallons
SEES
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
1.0 to 2.0
(Ord. No. 10-2020 , § 2, 8-25-20201
(Supp. No. 3)
Created: 2023-01-18 11:12:54 [EST]
Page 32 of 35
Sec. 25.30.020. Adoption of City of Aspen Water Efficient Landscaping Standards
Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the
City of Aspen, there is hereby adopted and incorporated herein by reference as if fully set forth the City of Aspen
Water Efficient Landscaping Standards as may be amended from time to time by City Utilities. At least one (1) copy
of the City of Aspen Water Efficient Landscaping Standards shall be available for inspection at the City of Aspen
Utilities Department, the City of Aspen Parks department, and City of Aspen Community Development
Department.
( Ord. No. 16-2017; Ord. No. 28-2018 ;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 Irrigation 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 temporary certificate of occupancy is issued after
the onset/persistence of winter conditions when landscaping and irrigation systems cannot be inspected for
compliance, Aspen Water Department will require a deposit as set out in below table and based on 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
improvements made on a City or County parcel with connection to City Water prior to complete installation of
the irrigation system and landscaping; and completion of a third -party audit; with 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 according to the schedule below prior to issuance of the Temporary Certificate of Occupancy.
Development on properties with a Temporary Certificate of Occupancy -issued after the onset/persistence of
winter conditions must complete associated irrigation and landscaping installation 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
Remaining Project Cost Estimate
Deposit
$0—$1,000,000
50% -minimum $10,000
$1,000,001 to $999,999,999
30%
(Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 9-2020 , § 1, 1-28-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No.
16-2022 , § 1, 11-29-2022)
Sec. 25.30.085. Requirements for Temporary Irrigation Water Service Agreements.
(a) Temporary Irrigation Water Service Agreements. Based on the terms and conditions of an approved city
water user's Temporary Irrigation Water Service Agreement, the city will provide treated water service to
the subject property for purposes of temporary irrigation of a predetermined amount of irrigated square
feet for a predetermined period of time. The location, amount, plants, specifications, etc. of planned
temporary irrigation on the subject property will be reviewed and approved prior to executing a Temporary
Created: 2023-01-18 11:12:54 [EST]
(Supp. No. 3)
Page 33 of 35
Irrigation Water Service Agreement. A $25,000.00, (twenty-five thousand dollar), deposit from property
owner is also required prior to the city executing a Temporary Irrigation Water Service Agreement with an
existing water customer for a parcel already receiving city water.
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.
Section 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law.
Section 5.
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 14th day of November, 2023.
Attest:
r'
Nicole Henning, City Clerk
Torre, Mayor
FINALLY, adopted, passed, and approved this 28th day of November, 2023.
(Supp. No. 3)
Created: 2023-01-18 11:12:54 [EST]
Page 34 of 35
Nicole Henning, City Clerk
Approved as to form:
mes R. True, City Attorney
(Supp. N0. 2, Update 1)
Torre, Mayor
Created: 2021-06-27 06:59:57 [EST]
Page 35 of 35