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HomeMy WebLinkAboutagenda.council.regular.20241119AGENDA CITY COUNCIL REGULAR MEETING November 19, 2024 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day VI.Consent Calendar VI.A Resolution #139, Series of 2024 - Approval for Vacation of Easement at property known as 301 S. 7th Street, Aspen, Colorado. Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/85834481692? pwd=pzyN6RxtaL8DQfaWMqvxEJT0nnSaIv.1 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 858 3448 1692 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kbDnYdldUJ (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) Council Memo - Resolution # 139 Vacation of Easement.pdf Resolution #139 - Vacation of Easement 301 S. 7th Street.docx 1 1 VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings IX.A Ordinance #16, Series of 2024 - City of Aspen Fall Supplemental Budget 2nd Reading IX.B Ordinance #17, Series of 2024 - City of Aspen 2025 Fee Ordinance Second Reading IX.C Ordinance #20, Series of 2024 - Changes to Title 25 - Utilities Rates Public Hearing X.Action Items X.A Resolution #137, Series of 2024 Update to Short-term Rental Program Guidelines X.B 2025 EOTC Budget X.C Discussion Regarding APCHA Board Applicants XI.Executive Session Ex A. Vacation of Easement.docx Ex. B- 301 South Seventh Street Memorandum of Agreement.pdf 2024_Fall_Supplemental_Memo_-_2nd_Reading.docx 2024 Fall Ordinance No.16, Series 2024 - 2nd Reading.docx 2024 Fall Supplemental Ordinance Exhibits - 2nd Reading.pdf 2025 Fee Ordinance No 17 Second Reading Memo 11.19.24.docx 2025 Fee Ordinance No 17 Series 2024.pdf 2025 Proposed Fee Changes Ordinance No 17 Series 2024.pdf Council Memo - Public Hearing for T25 - FINAL 112024.docx Exhibit A - Ordinance #20 Series of 2024 - Title 25 Updates - Public Hearing FINAL.docx 2024_11.19_CouncilMemo_STR Program Guidelines Update.pdf 2024_11.19_CouncilReso_#137 Series of 2024.pdf eotc 2025 budget november 19 2025.docx COA AIS 2025 EOTC Budget Approval_11_19_2024.pdf REV_2025 Transit Sales & Use Tax Budget & 5-Yr Plan 11-5-2024 (1).pdf Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (4)(f) Personnel. The specific items of discussion involve the following: 2 2 XII.Adjournment 1. Ongoing Litigation: The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158 and Case No.: 2017CA2099 . 2. Legal Advice regarding the 1994 Settlement Agreement in Centennial-Aspen II Limited Partnership, United States District Court Civil Action No. 92-B-2570. 3. City Manager Review 3 3 1 MEMORANDUM TO: MAYOR and COUNCIL MEMBERS FROM: Kate Johnson, Assistant City Attorney Justin Forman, Utilities Director DATE: November 13, 2024 MEETING DATE: November 19, 2024 RE: Resolution No. 139 (Series of 2024); Approval of Vacation of Easement for property located at 301 S. 7th Street, Aspen Colorado ═══════════════════════════════════════════════════════════ REQUEST OF COUNCIL: Council is requested to consider adoption of Resolution #139, Series of 2024, to authorize the Utilities Director to sign a Vacation of Easement, vacating a utility easement that is no longer needed due to relocation of a water main on property located at 301 S. 7th Street, Aspen, Colorado. BACKGROUND: As part of the city’s water system, the city owns a waterline that is located on property located at 301 S. 7th Street in Aspen, Colorado. The property is owned by Cherie Oates and the Estate of James E. Gerbaz (“the Oates Family”). The waterline traverses the middle of the property in a manner that presents challenges to development and has been located on the property since the late 60’s or early 70’s (“old waterline”). The City asserts it has a prescriptive easement over and across the Property where the old waterline traverses. In addition to the existence of a prescriptive easement for access to the old waterline, a thirty 30’ wide easement for ingress and egress and utilities along the southernly property line was granted pursuant to a Decree Quieting Title recorded at the real estate records of the Pitkin County Clerk and Recorder in Book 289 at Page 729 (“Southern Access and Utility Easement”). In 2023, the Oates Family informed the Utilities Director that they desired to relocate the waterline to the northern and westerly property lines of the Property, and if allowed to do so, the Oates Family would construct a new waterline and grant the city a non-exclusive permanent utility easement consistent with the city’s utility standards at their own expense. In exchange for relocating the waterline, tendering ownership of the waterline to the city, and granting a non- exclusive easement, the Oates Family requests the city vacate the existing easement for ingress and egress necessary to maintain the now abandoned waterline. 4 2 The city entered into a Memorandum of Agreement (MOA) with the Oates Family for the relocation of the waterline attached hereto as Exhibit A. Depictions of the old waterline and new waterline are contained therein. DISCUSSION: The Oates Family has constructed the new waterline, and while all testing has not been completed, it appears to be in a manner that fully complies with the city’s standards. Upon completion of construction, and following testing, inspections, and resolution of all issues found at inspection, the Oates Family is obligated to convey the water system infrastructure to the City on forms approved by the City Attorney, provide as built surveys and grant a non- exclusive utility easement to the city for purposes of access, maintenance, repair, replacement, and service of the waterline. Staff seek authorization for the Utilities Director to sign the Vacation of Easement, attached hereto as Exhibit A, which would vacate the Southern Access and Utility easement and prescriptive easement for the abandoned old waterline. Utility staff have confirmed these easements are no longer needed by the city. Pursuant to the MOA, the Utilities Director will not sign the Vacation of Easement until the terms of the MOA are completed and an easement has been recorded for the new infrastructure. ALTERNATIVES: Council can refuse to authorize the vacation of the easement, but such refusal may result in breach of the MOA. RECOMMENDATION: Staff recommends that Council authorize the Utilities Director to sign the Vacation of Easement once an easement for the new waterline has been recorded with the Pitkin County Clerk and Recorder’s Office. Attachments: Ex. A – Memorandum of Agreement Ex. B – Draft Vacation of Easement 5 RESOLUTION #139 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE AGREEMENT FOR VACATION OF A EASEMENT AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Vacation of Easement agreement for property located at 301 S. 7 th Street, between the City of Aspen and Cherie G. Oates and Estate of James E. Gerbaz, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Vacation of Easement agreement, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Utilities Director to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 19th day of November 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, November 19, 2024. Nicole Henning, City Clerk 6 1 VACATION OF EASEMENT THIS VACATION OF EASEMENT, is made and entered this ___ day of ________, 2024, by the City of Aspen, Colorado, a municipal corporation (hereinafter “the City”) WITNESSETH: WHEREAS, CHERIE G. OATES and the ESTATE OF JAMES E. GERBAZ, (hereinafter the “Owners”) are record owners of that real property situate in the County of Pitkin, State of Colorado, more fully described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the “Property”); and WHEREAS, in 1974, pursuant to a Decree Quieting Title in Civil Action No. 4862 (“Decree”) in the District Court for the County of Pitkin and State of Colorado (“Court”), the Court ordered that the Owners were owners fee simple to the Property “subject to a perpetual easement upon, over, along, across and under the southerly thirty feet (30') thereof, for ingress to, egress from and underground utilities to the portion of the property described as Parcel 2 (“Parcel 2”) in paragraph 1 hereof, lying and being westerly of the property described in this paragraph of this Decree, but easterly of the centerline of Castle Creek, said easement being for the benefit of said real property and the plaintiff, its successors, grantees, assignees, invitees and distributees” (“30' Access and Utility Easement”), as shown on Exhibit “B” attached hereto and incorporated herein by this reference; and WHEREAS, the plaintiffs in the Decree were the Estate of Michael Christopher Marolt, deceased, also known as Michael Marolt and Micheal Marolt, by and through its Administratrix, Opal Matilda Marolt (“Marolt”) which owned Parcel 2 at the time the Decree was issued by the Court; and WHEREAS, the City of Aspen (“City”) purchased Parcel 2 in 1983 from Marolt’s successor-in-interest Marolt Associates, as evidenced by a Warranty Deed recorded on August 2, 1983 in the records of the Pitkin County Clerk and Recorder as Reception No. 252053 in Book 289 at Page 729, as part of its acquisition of what is now Marolt Open Space; and WHEREAS, the City has never used the 30' Access and Utility Easement to access Parcel 2 and/or any of the Marolt Open Space nor has the City used the 30' Access and Utility Easement for the installation of utilities nor does the 30' Access and Utility Easement abut Parcel 2; and 7 2 WHEREAS, the Owner has requested, and the City has agreed to vacate the 30' Access and Utility Easement in exchange for the relocation of the waterline on the Property and the grant of 30’ wide utility easement on the westerly and northerly property lines of the Property; and WHEREAS, the City has no need or use of the 30' Access and Utility Easement, and hereby desires to vacate, abandon, and relinquish any and all rights it may have in and to the 30' Access and Utility Easement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1.Vacation of Easements. The City hereby vacates, quitclaims, abandons and forever relinquishes any and all right, title and interest it has in and to the 30' Access and Utility Easement located on the Property and shown on Exhibit B, and all benefits and burdens whatsoever relating thereto. The City also hereby vacates, quitclaims, abandons and forever relinquishes any and all right, title and interest it has in and to the existing water line, water line alignment and associated infrastructure as shown on Exhibit B (labeled as “W” with dashed lines). This vacation, abandonment and release of the above-described easements shall be a full release of the restrictions, obligations, benefits and servitudes associated with such easements, shall run with title to the Property and shall be perpetual. THE CITY OF ASPEN:ATTEST: By: ______________________________________________ __________,_____________ APPROVED By:______________________ James R. True, City of Aspen Attorney 8 3 Notary block on the following page STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) Subscribed and sworn to before me this ____ day of ___________, 2024, ______________, ________________. Witness my hand and official seal: ______________________ Notary Public My commission expires: 9 4 OWNER: ____________________________, 2024 Cherie G. Oates by her Date attorney-in-fact, Sarah M. Oates ___________________________, 2024 Sarah M. Oates,Date Personal Representative of the Estate of James E. Gerbaz, Deceased STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) Subscribed and sworn to before me this ____ day of ___________, 2024 by Cherie G. Oates by her attorney-in-fact, Sarah M. Oates and Sarah M. Oates as Personal Representative of the Estate of James E. Gerbaz, Deceased. Witness my hand and official seal: ______________________ Notary Public 10 5 Exhibit A Legal Description of Property The real property described in Paragraph 4 of the Decree Quieting Title recorded in Book 289 at Page 729: A tract of land in Lot 13 (from TWP Plat by Withers approved July 18, 1889) Sec. 12 T10S R85W 6 P.M. being part of the “Stitzer Entry” described as follows: Beginning at a point, being 478.03 ft. N.60º58'40"W from the 28" x 14" x 10" rock witness corner monument set for the witness point for the S 1/4 cor. of Sec. 12 (mon. shown in notes on plat – Cutshaw Survey approved Nov. 8, 1888); said rock being 78.57 ft. N78º10'30"W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as witness cor., Thence S54º00'W 126.00 ft., Thence S51º09'10"W 106.31 ft. to the most Easterly corner of property described in Bk. 196 Pg. 376 Pitkin County records, Thence N58º48'W 223.44 ft. along the NE' strly line of property described in Bk. 196 Pg. 376 to the most Northerly corner of property described in Bk. 196 Pg. 376, Thence N36º45'E 116.00 ft., Thence S77º29'55"E 313.89 ft. to the point of beginning. Pitkin County, Colorado also known by street and number as: 301 S. Seventh Street, Aspen, CO 81611 11 Exhibit B 6 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THROUGH:Sara Ott, City Manager Pete Strecker, Finance Director MEMO DATE:November 11, 2024 MEETING DATE:November 19, 2024 RE:Ordinance No.16, Series 2024, Second Reading – 2024 Fall Supplemental Changes from 1st to 2nd reading: The 2nd reading of Ordinance No. 16, Series 2024 has a single change, adding $56,119 of additional expenditure authority and $56,119 of additional projected revenue related to the insurance claim and repairs of the nine EV charging station repairs due to vandalism. Request of Council: Staff is requesting an amendment to the City’s 2024 budget that increases total expenditure appropriations, including transfers, from $245.3 million to $252.2 million. This $6.9 million increase includes $1.8 million in new requests and $4.9 million of technical adjustments. There are $3.8 million in revenue adjustments and transfers. BACKGROUND:Annually, the City makes two routine mid-year modifications to the year’s original spending plan. Spring supplementals largely incorporate the roll forward of capital and operating resources that were unspent but are still required and is necessitated by Colorado law. This fall supplemental packet is more of a reflection of previously approved mid-year actions by the Council, technical adjustments tied to the City’s financial policies, and includes a handful of new requests for unforeseen items and/or for opportunistic actions. While not technically limited to just two adjustment periods annually, the City does try to incorporate actions into these two adjustment periods to allow for simplicity and awareness in the appropriation process. DISCUSSION:For Section 1 of the Ordinance, this fall supplemental includes proposed spending plan adjustments that have been grouped into New Requests (Exhibit B) and Technical Adjustments (Exhibit C). Expected changes to Revenues and Transfers In (Exhibit D) are also included, although they do not require formal adoption. Original 2024 Budget Spring Supplemental Fall Supplemental Adj. 2024 Budget Opening Balance $248,652,663 $81,820,355 $63,806 $330,536,824 Revenues $191,032,576 $16,932,670 $3,886,549 $211,851,795 Operating Budget $102,163,011 $9,508,268 $2,580,873 $114,252,152 Capital Outlay $45,638,230 $48,724,391 $4,159,465 $98,522,086 Debt Service $6,410,370 $0 $0 $6,410,370 Net Appropriations $154,211,611 $58,232,659 $6,740,338 $219,184,608 Transfers $31,309,050 $1,515,940 $165,940 $32,990,930 Total Appropriations $185,520,661 $59,748,599 $6,906,278 $252,175,538 Ending Balance $254,164,578 $39,004,426 ($2,955,923)$290,213,081 34 New requests (Exhibit B) Total of $1,839,702 is requested, of which $997,592 is operating and $842,110 is capital. Technical Requests (Exhibit C)encompassdifferent typesof requests that seekto increase overall budget authority by $5,066,576. These requests are summarized by category type below: previously approved by Council, reallocation of authority between funds; and required accounting actions. (1) Previously Approved:Since spring supplemental, Council has approved $91,134 in operating expenditures and $3,223,355 in capital expenditures. (2) Transfers Between Funds:$165,940. (3) Accounting and Other:Accounting actions and other technical adjustments total $1,055,547 in operating expenditures and $94,000 in capital expenditures. (4) City Financial Policies: Employee Separation/Retirement (ESL/PTO) Payouts: $436,600 across departments. Section 2 of Ordinance No.16 requests to increase the 2024 budget authority for Aspen Mini Storage Fund by $48,600 for additional operating expenses including accounting and audit fees, projected bad debt, and utilities. This is the only adjustment to the City of Aspen component unit funds. Recommendations:Staff recommend approval of Ordinance No. 16, and the adoption of the 2024 Fall Supplemental, increasing the City of Aspen’s 2024 Budget by $6,906,278 and adoption for an increase of $48,600 for the Aspen Mini Storage Fund 2024 Budget. City Manager Comments: Attachments: Exhibit A – Appropriations By Fund Exhibit B – Summarized New Requests Exhibit C – Technical Adjustments Exhibit D – New Revenue Exhibit E – Component Unit Appropriations By Fund Exhibit F – Component Unit New Requests 35 ORDINANCE #16 (Series of 2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROPRIATING AN INCREASE IN 1) THE 2024 MUNICIPAL BUDGET; AND 2) THE 2024 BUDGETS FOR COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO WHEREAS, pursuant to article 9 of the Aspen Home Rule Charter, the Council shall adopt the budget by resolution on or before the fiscal day established by law (December 15); and WHEREAS, pursuant to same article 9 of the Aspen Home Rule Charter, allows for amendments to the adopted budget via sections 9.7 and 9.12; and WHEREAS, the revised budgets as submitted in Exhibit A for Section 1 and Section 2 sets forth the amounts to be appropriated for expenditure, and estimated revenues, for each accounting fund for the calendar year 2024, SECTION 1: NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado for fiscal year 2024, attach hereto as Exhibit A and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $252,175,538, and estimated revenues amounting to $211,851,795 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2024, as required pursuant to 29-1-103 (2), C.R.S. SECTION 2: NOW THEREFORE, be it resolved by City Council, that the budget for Aspen Mini Storage Fund for fiscal year 2024, attach hereto as Exhibit E and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $215,000 and estimated revenues amounting to $165,000 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2024, as required pursuant to 29-1-103 (2), C.R.S. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 12th day of November 2024. A public hearing on the ordinance shall be held on the 19th day of November 2024, in the City Council Chambers, City Hall, Aspen, Colorado. 36 ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 19th day of November 2024. ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor Approved as to Form: ________________________ Jim True, City Attorney 37 Exhibit A: City of Aspen 2024 Appropriations By Fund Section 1 2024 Audited Opening Balance 2024 Adopted Revenue 2024 Spring Supplemental Revenue 2024 Fall Supplemental 2024 Amended Revenue Budget 2024 Adopted Expense 2024 Spring Supplemental Expense 2024 Fall Supplemental Expense 2024 Amended Expense Budget 2024 Ending Balance General Governmental Fund 001 - General Fund $44,508,526 $47,116,370 $250,940 $105,847 $47,473,157 $47,532,555 $3,422,788 $451,163 $51,406,506 $40,575,177 Subtotal General Gov't Funds $44,508,526 $47,116,370 $250,940 $105,847 $47,473,157 $47,532,555 $3,422,788 $451,163 $51,406,506 $40,575,177 Special Revenue Governmental Funds 100 - Parks and Open Space Fund $21,792,513 $21,013,300 $186,000 $0 $21,199,300 $21,384,174 $15,367,557 $1,011,212 $37,762,943 $5,228,870 120 - Arts and Culture Fund $53,881,545 $9,422,740 $0 $0 $9,422,740 $8,241,541 $6,353,933 $318,390 $14,913,864 $48,390,421 130 - Tourism Promotion Fund $382,321 $4,557,828 $0 $0 $4,557,828 $4,545,750 $51,536 $37,000 $4,634,286 $305,863 131 - Public Education Fund $2,198 $4,485,360 $0 $0 $4,485,360 $4,485,360 $0 $0 $4,485,360 $2,198 132 - REMP Fund $2,644,543 $876,400 $0 $0 $876,400 $1,516,900 $0 $221,940 $1,738,840 $1,782,103 141 - Transportation Fund $25,494,466 $6,542,250 $0 $319,720 $6,861,970 $6,052,566 $1,339,055 $342,420 $7,734,041 $24,622,395 150 - Housing Development Fund $78,429,119 $23,109,000 $12,778,000 $2,293,436 $38,180,436 $17,030,798 $5,306,796 $0 $22,337,594 $94,271,961 152 - Kids First Fund $9,554,440 $4,532,200 $0 $0 $4,532,200 $3,553,482 $883,501 $800 $4,437,783 $9,648,857 160 - Stormwater Fund $4,514,482 $1,843,800 $581,549 $0 $2,425,349 $1,926,735 $2,233,877 $0 $4,160,612 $2,779,219 Subtotal Special Revenue Funds $196,695,627 $76,382,878 $13,545,549 $2,613,156 $92,541,583 $68,737,304 $31,536,255 $1,931,762 $102,205,321 $187,031,888 Debt Service Governmental Fund 250 - Debt Service Fund $309,560 $6,052,870 $0 $0 $6,052,870 $6,055,970 $0 $0 $6,055,970 $306,460 Subtotal Debt Service Fund $309,560 $6,052,870 $0 $0 $6,052,870 $6,055,970 $0 $0 $6,055,970 $306,460 Capital Projects Governmental Funds 000 - Asset Management Plan Fund $33,065,154 $8,631,656 $1,472,500 $278,440 $10,382,596 $10,100,370 $9,829,821 $2,218,285 $22,148,476 $21,299,274 Subtotal Capital Fund $33,065,154 $8,631,656 $1,472,500 $278,440 $10,382,596 $10,100,370 $9,829,821 $2,218,285 $22,148,476 $21,299,274 Enterprise Proprietary Funds 421 - Water Utility Fund $21,348,082 $12,454,020 $79,900 $21,000 $12,554,920 $12,731,044 $4,715,370 $161,500 $17,607,914 $16,295,088 431 - Electric Utility Fund $9,078,638 $14,024,300 $0 $318,106 $14,342,406 $14,619,558 $2,376,534 $231,718 $17,227,810 $6,193,234 451 - Parking Fund $7,166,025 $4,923,500 $0 $0 $4,923,500 $4,856,239 $517,340 $36,900 $5,410,479 $6,679,046 471 - Golf Course Fund $2,273,575 $3,323,372 $0 $0 $3,323,372 $3,035,153 $558,962 $9,300 $3,603,415 $1,993,532 491 - Truscott I Housing Fund $1,824,841 $1,521,850 $0 $0 $1,521,850 $1,337,406 $617,159 $0 $1,954,565 $1,392,126 492 - Marolt Housing Fund $2,289,057 $1,697,460 $0 $0 $1,697,460 $2,195,586 $214,502 $0 $2,410,088 $1,576,429 Subtotal Enterprise Funds $43,980,218 $37,944,502 $79,900 $339,106 $38,363,508 $38,774,987 $8,999,867 $439,418 $48,214,272 $34,129,453 Internal Proprietary Funds 501 - Employee Benefits Fund $2,549,150 $7,492,900 $0 $550,000 $8,042,900 $7,925,400 $0 $745,000 $8,670,400 $1,921,650 505 - Employee Housing Fund $7,123,092 $4,156,800 $1,250,781 $0 $5,407,581 $3,151,220 $4,075,463 $1,117,450 $8,344,133 $4,186,540 510 - Information Technology Fund $2,305,497 $3,254,600 $333,000 $0 $3,587,600 $3,242,854 $1,884,405 $3,200 $5,130,459 $762,638 Subtotal Internal Service Funds $11,977,739 $14,904,300 $1,583,781 $550,000 $17,038,081 $14,319,474 $5,959,868 $1,865,650 $22,144,992 $6,870,828 ALL FUNDS $330,536,824 $191,032,576 $16,932,670 $3,886,549 $211,851,795 $185,520,661 $59,748,599 $6,906,278 $252,175,538 $290,213,081 Less Interfund Transfers $31,309,050 $1,515,940 $165,940 $32,990,930 $31,309,050 $1,515,940 $165,940 $32,990,930 NET APPROPRIATIONS $159,723,526 $15,416,730 $3,720,609 $178,860,865 $154,211,611 $58,232,659 $6,740,338 $219,184,608 38 Exhibit B - New Requests Department/Description Operating Capital 51249-Animal Shelter Efficiency Upgrades $225,000 City of Aspen Facility Maintenance $35,000 Speed Signs Installation and Electrical Upgrade $40,000 000-Asset Management Fund: $0 $300,000 Food Safety 2024: 100% Funded by Grant $10,000 Police's Request for Unclaimed Money: 100% offset by unclaimed money $23,282 001-General Fund: $33,282 $0 Wildlife Program CPW Grant: This CPW grant is 100% reimbursable. $64,260 100-Parks and Open Space Fund: $64,260 $0 Rigging System Replacement and Building Renovations $122,390 120-Arts and Culture Fund: $0 $122,390 Municipal Facilities Decarbonization Roadmap $70,000 132-REMP Fund: $70,000 $0 Shuttle Vehicle Purchase/Grant: 100% Funded by Grant $319,720 141-Transportation Fund: $0 $319,720 Health Insurance Claims Paid $745,000 501-Employee Benefits Fund $745,000 $0 Employee Housing Operations $48,000 Employee Housing new AABC Lease $37,050 Employee Housing Capital Maintenance $100,000 505-Employee Housing Fund: $85,050 $100,000 Total New Requests - Operating / Capital:$997,592 $842,110 2024 FALL SUPPLEMENTAL NEW REQUESTS 39 Supplemental Goods & Services Request 000 Asset Management – Animal Shelter Solar $225,000 (One-Time) What is the Financial Ask? Staff requests $225,000 be added to the Animal Shelter Efficiency Upgrades project to allow for the photovoltaic system to be incorporated into the final project. Description of The Current Status / Problem / Opportunity (The Why): The original scope and budget at the Animal Shelter included multiple energy efficiency upgrades including solar, high efficiency boilers, fixture upgrades and building envelope improvements. While the majority of these improvements have been implemented, due to cost escalation and other building code requirements that were missed by the external contractor providing the project specs, the PV system was value-engineered out. Description of The Proposed Solution (The What): The City Manager has requested the photovoltaic system for the Animal Shelter still be installed. The City Manager has discussed this scope with Pitkin County and the County has agreed to pay their half of the solar system cost congruent with the current project funding agreement. Impacts If Not Approved / Alternatives: The photovoltaic system for the Animal Shelter will not be installed. This work can happen at anytime in the future but with the understanding of a possible increase in cost if performed in out years. 40 Supplemental Goods & Services Request 000 Asset Management – 119 Asset Management – Capital Maintenance $35,000 (One-Time) What is the Financial Ask? Staff request $35,000 be added to replenish funds otherwise applied to unforeseen conditions and improvements to the new restaurant space within the Rio Grande building’s ground floor space. Description of The Current Status / Problem / Opportunity (The Why): During the renovation of this ground floor space, staff needed to take action recently to resolve two issues in order for the new affordable restaurant to open this Fall:  Unforeseen conditions related to mop sink with a slightly disconnected vent caused water damaged to the drywall and the vent rider from the slab to rust out.  Sound insulation was needed to cut down on the sound transfer from a restaurant to City Staff offices (Human Resources). Description of The Proposed Solution (The What): To address the above noted issues, staff applied existing budget authority from the capital maintenance budget already under its purview to address these issues timely. Work involved chipping concrete and replacement of the cast iron for the mop sink issue. For the sound insulation, there was a replacement of back of house ceiling framing and drywall, plus installation of additional rockwool insulation in the ceiling and back walls adjacent to the crawl space. 45 acoustic foam panels on the vertical back wall above the kitchen hoods was also added. These added costs have depleted the capital maintenance budget for 2024 to date. As a precautionary measure, staff requests $35,000 in budget authority to ensure funding is available for future maintenance items through the end of the year. If funds are not needed, they will be returned to fund balance at year-end. Impacts If Not Approved / Alternatives: If additional funds are not made available, any future maintenance items that may arise in 2024 will be put on hold causing operations issues into 2025 or the costs would overrun the current budget. 41 Supplemental Goods & Services Request 000 Asset Management – 327 Engineering - Installation of Digital Speed Signs $40,000 (One-Time) What is the Financial Ask? Staff request $40,000 to facilitate the installation of digital speed signs in three locations per Council direction. Description of The Current Status / Problem / Opportunity (The Why): The purpose of this project is to increase roadway safety for travelling motorists and pedestrians and is responsive to Council’s request for further traffic calming measures. Speedy Spy data collection was taken throughout the summer of 2024 to allow staff to identify key areas of town where vehicle speeding is prevalent. Description of The Proposed Solution (The What): Digital speed signs to alert vehicles of current speeds along with posted speed limits will be installed in three locations. Installation of these signs will bring awareness to posted speed limits and increase safety of vehicles, pedestrians, and bicyclists. “Your Speed Is…” digital signage will alert drivers when the posted speed limit is exceeded. Planned installations at Aspen St. and Hopkins Ave. and Cemetery Lane and Snowbunny Lane. The third location is still being vetted by staff. Impacts If Not Approved / Alternatives: If not approved the signs will not be installed. 42 Supplemental Goods & Services Request 001 General Fund - 221 Police – Request for Use of Unclaimed Money, $23,282 (One-Time) What is the Financial Ask? The Police Department requests $23,282 be allocated for purchasing two e-bikes, their outfitting, and a drone (unmanned aircraft system) using money held in a restricted account within the General Fund. Description of The Current Status / Problem / Opportunity (The Why): The Police Department would like to use unclaimed and seized money stored in Police evidence to purchase equipment that serves department goals but has not been budgeted. In March 2024, the Police department conducted its annual audit. The detective's office gave the Finance department a report on the money stored in evidence. $23,282 was identified as money being held in evidence, extending from cases in 1985 to 2021 that have been unclaimed, where several attempts have been made for the owner to pick up their property, or the money is related to a drug case. Per policy 70.7.2 Unclaimed Money, if money is found to be no longer required as evidence and remains unclaimed after one year, the money is presumed abandoned property (CRS 38-13-201). The City Attorney’s office has completed their review and supports this request. Description of The Proposed Solution (The What): The Police Department bought three e-bikes last year, which were also purchased with unclaimed money, and has found these bikes to be valuable assets for patrol. Buying two additional bikes through this new request would allow more bike-size options for staff to use during their shifts (and replace some existing bikes that are over ten years old). Each e-bike has a base cost of $6,499 with approximately $1,500 additional needed to outfit each e-bike for patrol usage. Additionally, remaining funds would be utilized to purchase a drone for the Police department. Incorporating a drone into Police operations will be a valuable tool, providing a range of benefits, including:  Safety – Drones provide vital information to minimize risk to staff and help protect lives.  Real-time data – Drones provide real-time visual data that can help peace officers assess situations from a safe distance.  Crowd monitoring—Drones can zoom in on minute details from long distances, helping to monitor crowds during special events.  Search and rescue – Drones can cover large areas quickly to help find missing or lost people or pets.  De-escalation—Drones can be deployed as an additional de-escalation resource.  Impacts If Not Approved / Alternatives: If not approved, staff will seek other ways to fund these critical tools for public safety operations. 43 Supplemental Goods & Services Request 001 General Fund - 431 Environmental Health – Food Safety Grant 2024, $10,000 (One-Time) What is the Financial Ask? The City of Aspen was awarded a grant from the US Food and Drug Administration (FDA) for $10,000 and seeks budget authority to reflect this grant funding. This is a net-zero ask. Description of The Current Status / Problem / Opportunity (The Why): Environmental Health staff sought a 2024 FDA grant to improve food safety in the community. Due to the language gap present within the local food service industry, many local restaurant operators have request support in developing or providing accessible training and materials their service workers. This is a known area of opportunity and one that can influence better outcomes, as 2025 will require restaurants to have multiple staff certified in food safety in 2025 under new regulations. Description of The Proposed Solution (The What): Utilizing the funds provided by the FDA, staff have already hired a certified instructor to teach a course in Spanish and covered the cost of the course materials and exam for local restaurant workers to engage in learning about food safety. These costs are appropriate for reimbursement from this FDA grant. Additionally, staff have spent time on this project and other projects aimed at improving our food safety program, such as foodborne illness response planning and conducting a program resource assessment and can also be backfilled with these dollars. Impacts If Not Approved / Alternatives: Requested expenditure authority mirrors the grant award and does not reflect any negative outcome for the City’s coffers if approved. 44 Supplemental Goods & Services Request 100 Parks & Open Space Fund – Wildlife Program CPW Grant $64,260 (One-Time) What is the Financial Ask? The Parks and Open Space Department received a reimbursable grant from Colorado Parks and Wildlife (CPW) on August 7, 2024, in the amount of $64,260. This CPW grant is 100% reimbursable, and based on the current budget, the parks fund does not have adequate funding available. The department is requesting the creation of a new operating project and allocation of funds so that purchases can be made over the winter in preparation for the 2025 summer season. Grant funds will be used to support the City’s efforts in reducing human/bear conflicts. Description of The Current Status / Problem / Opportunity (The Why): The City of Aspen lies in black bear habitat. Bears are experiencing near food failure in nature, and they are desperate for food. Our community has done a good job of securing trash; however, bears are increasingly targeting recycling containers, as well as attempting to access compliant wildlife cans and dumpsters. Staff are also seeing that bears periodically enter homes up and down the valley to source food. In addition, bears are drawn into town by the crabapples that fruit primarily in the downtown core. The city needs to be an active participant in reducing bear attractants by starting the process of removing and replacing crabapple trees from the downtown core with non-fruit bearing species. Staff developed this grant to assist homeowners and business owners who are looking for materials that can supplement or improve how they store trash and recycling. Description of The Proposed Solution (The What): These grant funds from CPW will be used to purchase metal trash cans, and sturdy poly cans for residents to use. Funds will also be used to purchase electric mats that will be loaned to residents and business owners to deter bears from entering their properties. Finally, staff are in the planning phases of possible removal and replacement of fruit bearing (crabapple) trees (City-owned). These funds anticipate offsetting expenses for those tree removals and replacements. Impacts If Not Approved / Alternatives: If this supplemental funding is not approved, staff will either lose the grant funds or defer this work until either the spring of 2025 (spring supplemental request) or include it in the 2026 annual budget process. 45 Supplemental Goods & Services Request 120 Arts and Culture Fund - Wheeler – Theatrical Rigging Replacement Contingency $122,390 (One-Time) What is the Financial Ask? The Wheeler Opera House requests $122,390 to address added scope to this rigging replacement project that has exhausted the project’s contingency. Description of The Current Status / Problem / Opportunity (The Why): Two additional systems have been identified as needing attention: replacement of the (3) manually operated curtain track systems with curtain motors and controls and replacement of (9) chain hoist motors for the lighting booms. Although currently in working condition, the intent was to refurbish the 30-year-old existing chain hoist motors as part of the original project scope. However, the manufacturer of the existing (9) chain hoist motors is no longer in business and replacement parts for the equipment are scarce to nonexistent. This informed staff that a full replacement was the best option for these systems. While project contingency exists to cover this cost, in the event there are other unforeseen costs associated with the base scope of work of construction, there would not be any funding authority to address those issues. Description of The Proposed Solution (The What): Purchase and installation of the additional equipment has added scope for the rigging replacement project. Immediate replacement of these systems is the most cost effective and advantageous time to perform this work since the project team will be reassembling the theater from a clean slate at the end of this project. Staff can apply the existing contingency to this scope change, but contingency funding would not be available for any other potential needs through the remainder of the project, so staff requests backfill authority of $122,390 to ensure it can respond, if needed. Impacts If Not Approved / Alternatives: Both curtain and lighting hoist systems will need to be replaced eventually. Performing this after the project will require labor to remove the existing equipment that would be reinstalled and then labor to install the new equipment. If performed during the current project, it will avoid added labor costs. Additional theater closures may be needed to allow for the installation of the equipment if performed after the project. Possibility of event cancellation or theatre closure may also be realized if the systems fail before a later-scheduled replacement/installation date. 46 Supplemental Goods & Services Request 132 REMP Fund – Municipal Facilities Decarbonization Roadmap, $70,000 - (One-Time) What is the Financial Ask? Staff request $70,000 be added to previously approved $80,000 (approved by Council during 2024 Spring Supplemental) to hire the professional services of a technical consultant to conduct ASHRAE Level 2 audits and facilities assessments (total project cost would be $150,000). Description of The Current Status / Problem / Opportunity (The Why): On May 8, 2023, staff presented a variety of high impact projects that would accelerate the City’s climate goals. Among those projects was a plan to conduct a study of City buildings and electric vehicle charging capacities at City buildings, which staff estimated would cost between $66,000 and $396,000. Performing energy audits on City-owned buildings is an important strategy to accelerate work on the ASAP. In Aspen, the built environment accounts for 57% of the community’s greenhouse gas emissions. Therefore, addressing emissions from buildings is crucial to achieving the City’s climate action goals. Performing audits on City-owned buildings will not only help inform long term planning on how the City can reduce emissions from its facilities but may also serve as a model for how other facilities in the community could reduce emissions and find efficiencies. Description of The Proposed Solution (The What): This project will develop a roadmap with realistic, holistic recommendations for how the City can reduce greenhouse gas emissions and improve efficiency and building performance across the City’s facilities portfolio. With funding for the complete project, a requested technical consultant would perform ASHRAE Level 2 building audits and analyses that evaluate potential energy conservation measures and electrification opportunities including and not limited to: electric vehicle charging, energy and greenhouse gas emission savings, capital and operational costs, and feasibility for identified city-owned buildings. The results of the municipal facilities decarbonization roadmap do not commit the City to completing any or all of the work, instead it provides a framework and plan to understand various opportunities for building efficiencies to better inform capital and maintenance planning going forward. In July 2024, Staff released an RFP for a Municipal Facilities Decarbonization Roadmap and received 19 bids for this project. With information from these bids, staff have concluded that expanding the scope of this project to include more buildings in the initial roadmap will benefit the City overall by helping Parks, Asset, and the Climate teams assess large and highly-utilized buildings and conduct level 2 audits, which most state and federal grant applications require. Additional funds will help reach the average price of competitive, high-quality bids received during the City of Aspen Municipal Facilities Decarbonization Roadmap RFP process ($150,000) and capitalize on the benefits of completing the project in one phase. Impacts If Not Approved / Alternatives: Instead of conducting a decarbonization roadmap for city’s largest and high-utilized facilities, staff will approach decarbonization with an even more phased approach. With a phased approach, the roadmap will lack a more comprehensive view of city facilities, and the buildings without level 2 audits may not be eligible for some grant applications if the city pursues them in the future. 47 Supplemental Goods & Services Request 141 Transportation Fund – Shuttle Vehicle Purchase/Grant, $319,720 (One-Time) What is the Financial Ask? The Transportation Department requests $319,720 to reflect CDOT grant funding of an equal amount and will be applied to the purchase of four replacement shuttles. Description of The Current Status / Problem / Opportunity (The Why): The Transportation Department fleet plan calls for the replacement of four shuttle vehicles for use on City routes. Originally, these vehicles were budgeted for a total of $552,000. Based on CDOT’s negotiated pricing, the cost of these four vehicles has increased, with the total for the four vehicles estimated at $799,300 plus shipping, title, outfitting, and other expenses. The revised total is now estimated at $871,700. Description of The Proposed Solution (The What): Approval of this supplemental request will allow the Transportation Department to move forward with the acceptance of a CDOT grant and will align the net financial impact to the City with the previously budgeted amount as it seeks these four replacement shuttles. It is important to note that these shuttle vehicles will be gasoline powered as small shuttles are not currently electrified to the point where CDOT or other industry experts find them suitable for City service. Impacts If Not Approved / Alternatives: If not approved, staff will decline the CDOT grant and reduce the number of shuttle purchases to meet the current budgeted amount. 48 Supplemental Goods & Services Request 501 Employee Benefits Fund – Funding Increased Health Insurance Costs $745,000 (One-Time) What is the Financial Ask? Additional budget authority of $745,000 is requested to support expenditures related to high cost and utilization of benefits within the City’s partially self-insured health plan. Description of The Current Status / Problem / Opportunity (The Why): The City of Aspen operates a partially self-insured health plan, meaning it takes on the financial risk of the health insurance plan, with partially offsetting the financial risk from single high claimants and/or aggregate claims volume through a stop loss or excess insurance policy. Over the years, this model has worked exceptionally well for the city by keeping administrative costs low, which are typical of fully insured plans. Recently, the health plan has seen a significant uptick in volume, costs of services, and in high dollar individual claims. This elevation in usage and cost coincided with the end of the COVID pandemic and was anticipated due to pent up need for services but has since persisted. With that, the City focused on increasing health insurance premiums for 2024 and is again anticipating mimicking that action for 2025, to increase revenues into the fund while balancing a competitive health plan and prudent financial management. These steps, along with continued assessment of plan design modifications, remain a key focus of the organization to ensure employees and dependents have accessible and reliable health care. That said, based on current claims data, projections place the city reaching the aggregate stop loss maximum on claims this year. This is not ideal as it is also a renewal year for negotiating a new stop loss coverage policy, but it is telling on how high claims are trending right now. Although the aggregate number may fluctuate slightly due to changing enrollment numbers, based on the current information at hand, an increase to the appropriation of $745,000 is required to fully cover the potential out-of- pocket amount the city is responsible for if claims continue on their current path. Description of The Proposed Solution (The What): The proposed solution is to fund the potential risk if claims continue to be realized and exceed the current appropriation level in the originally adopted 2024 budget. Increasing the appropriation to the maximum exposure for the city under the existing aggregate stop loss coverage means that the city should not exceed the revised spending plan. Note that if the revised spending authority is not fully needed at year-end, any unspent authority would remain in fund balance and continue to be available for future benefit needs. Impacts If Not Approved / Alternatives: Unfortunately, there are limited actions to take and controlling claims in the near term due to posting constraints required under the Affordable Care Act (ACA) for plan design changes. Therefore, if this request is not approved, it is likely that expenditures will exceed existing budget authority and will cause an audit finding. 49 Supplemental Goods & Services Request 505 Employee Housing Fund – Employee Housing Operations $48,000 (One-Time) What is the Financial Ask? Staff request $48,000 to reflect additional costs bore by the City for two new employee units. Description of The Current Status / Problem / Opportunity (The Why): As a tool for attraction and retention of City staff, and to ensure appropriate staffing during emergency periods or in situations where time sensitive actions are needed (snow removal, water treatment, etc.), employee housing is a critical component to the City’s effective operations. The City currently has 74 units within its inventory, with roughly half of these units under a rental model and the other half under an ownership model (where the City is always the purchaser when an employee sells the units upon separating from City employment). These units, especially rental units, require upkeep and have holding costs associated with them. Description of The Proposed Solution (The What): Over the last two years, Council has approved two new units to bring the total housing inventory to the current 74-unit count. With that, there was no increase to the operating budgets to reflect additional costs for utilities, monthly HOA dues and special assessments. As such, staff is requesting $48,000 to cover increases in these areas within the housing program. Impacts If Not Approved / Alternatives: Costs tied to these units are reflective of general real estate ownership and upkeep. If budgets are not aligned to mirror the needs of the current housing inventory; while not advised, staff will need to discuss with Council if it wishes to relinquish units to lower costs. 50 Supplemental Goods & Services Request 505 Employee Housing Fund – Employee Housing Unit Lease and Capital Maintenance $137,050 (One-Time) What is the Financial Ask? Staff is requesting $137,050 be added to the budget for the City’s employee housing program to address needs in 2024 related to new operational costs and unanticipated maintenance needs. Description of The Current Status / Problem / Opportunity (The Why): As a tool for attraction and retention of City staff, and to ensure appropriate staffing during emergency periods or in situations where time sensitive actions are needed (snow removal, water treatment, etc.), employee housing is a critical component to the City’s effective operations. The City currently has 74 units within its inventory, with roughly half of these units under a rental model and the other half under an ownership model (where the City is always the purchaser when an employee sells the units upon separating from City employment). Often, unit turnover occurs as staffing changes occur or as employees locate new housing opportunities on their own. Unit turnover creates opportunities for staff to update and manage these assets to maximize their lifespan and undertake needed repairs prior to new occupancy. Finally, unlike the above noted units that are fully controlled by the City through past acquisitions, the City recently entered into new leasable space at the AABC for employee housing as another method outside of outright unit purchase. Pursuant to the lease agreement of this AABC space, 2024 rent totals $37,050. Description of The Proposed Solution (The What): This request is needed to cover the additional maintenance activities triggered by unit turnover and the lease agreement that was not included in the original Budget. Funding the newly leased unit was not part of the original operational budget for this program and has caused an overrun in this area, equal to $37,050. Additionally, capital maintenance budgets this year have been exhausted and a $100,000 supplemental increase is requested to allow regular maintenance for the remainder of the year. Impacts If Not Approved / Alternatives: Without additional budget authority for the remainder of 2024, expenditures will exceed current budget authority. As the fund has sufficient reserves, staff recommends funding the additional budget need. 51 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out HHS Funded by Tobacco Tax: Council approved resolution No.100-2024 on August 27, 2024, approving a new IGA for Aspen Family Connections (AFC) IGA starting in September 2024. Background: A tobacco tax approved by voters in 2017 set parameters for the revenue to be spent only on financing health and human services, tobacco related health issues, and addiction and substance abuse education and mitigation. A three-year IGA between the City of Aspen and Aspen Family Connections (AFC) was signed in 2021 to formalize the arrangement between the two entities to have AFC initiative/enhance programming focused on substance abuse and preventions services. This original agreement expired in September 2024, and a new IGA was approved through Resolution 100-Series 2024 and signed in September. The last 4 months of the year were not budgeted for with this expense. A supplemental ask for 2025 addresses next year's budget. $83,334 Senior Food Tax Refund: Based on the timing of Council's decisions to increase the dollar amount paid out for senior food tax refunds, the increase was not factored into the adopted 2024 budget. Therefore, the payouts exceeded the 2024 budget and requires an increase to equal actual refunds paid. $7,800 112-Mayor and Council $91,134 $0 $0 Streets Motor Graders and Police Vehicles: Council approved resolutions No.94- 2024 and No.121-2024 in September 24, 2024 and October 8, 2024, meetings. The resolutions approved the purchase of 2 Caterpillar 150 AWD Motor Graders and 3 Police vehicles, totaling $910K. $910,299 321-Streets $0 $910,299 $0 50913-Park Avenue Improvement: Council approved resolutions No.77-2024 and No.82-2024 in the July 23, 2024 meeting, approving the construction and construction management work for Park Avenue Improvement project. The resolutions approved new budget authority of $582K, funding the contracts presented, testing, inspection and contingency. This increased the project budget from $1.6M to $2.1M. $582,489 Mill Street Bridge Maintenance and Repairs: Council approved the following 4 resolutions; No.106-2024, No.107-2024, No.117-2024, and No.118-2024 in August, 27 and September 24, 2024 meetings. The resolutions approved $650K in bridge maintenance and critical repairs; funded by new authority of $318K and existing capital authority of $332K. $318,000 50479-Summer Road: Council approved resolution No.101-2024 on August 27, 2024. This resolution approved the design contract awarded to SMG totaling $118K and new authority of ~$13K. $13,497 327-Engineering $0 $913,986 $0 2024 TECHNICAL ADJUSTMENTS Previously Approved by Council 52 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS Maroon Creek Multi-Use Trail: Council approved resolution No.115-2024 in the September 24, 2024 meeting, approving new authority of $790K to complete the Maroon Creek Multi Use Trail Project. These funds cover the costs necessary to mitigate poor subsurface conditions encountered during the construction of the trail and fund traffic control overages. $790,000 LIA Evaporative Condenser: Council approved resolution No.120-2024 in the September 24, 2024 meeting, approving new authority of $99K funding the immediate replacement of the Lewis Ice Arena Evaporative Condenser. $99,552 100-Parks and Open Space Fund:$0 $889,552 $0 Rigging System Replacement and Building Renovations: Council approved resolution No.58-2024 on May 14, 2024 approving new authority of $147K to complete the rigging system replacement and building renovations. $147,000 120-Arts and Culture Fund:$0 $147,000 $0 Hallam and Garmisch Project Increased Scope: Council approved resolution No.105-2024 in the August 27, 2024 meeting, approving the increased scope in the asphalt paving along Garmisch. Further review of Water’s 51765 Hallam and Garmisch Water Main Replacement project, revealed new budget authority of $55,000 is required to fund the increased paving scope. This corrects the August 27, 2024 Council memo that stated the funding existed in this project. $55,000 Vehicle Accident Replacements - Water Department: 2012 Ford Fusion and 2013 Toyota Tacoma were rear ended, in two separate accidents, resulting in both vehicles being totaled. This funding is required to replace these vehicles in the Water fleet. ~$21,000 of the replacement cost is offset by insurance payments. $87,000 421-Water Utility Fund:$0 $142,000 $0 51882 Emergency Procurement Electric Cable and Conduit Replacement, Red Brick South Single-Phase Primary: Council approved resolution No.68-2024 in the June 25, 2024 meeting, approving new authority of $150K to replace approximately 580 linear feet of cable and return this single-phase circuit back to normal without extensive digging. $150,000 Aspen Microgrid Planning Project: Council support for the microgrid planning grant application was approved through Resolution No.104-2024, in the August 27, 2024 meeting. A contingent grant was awarded in the amount of $52K through Department of Local Affairs (DOLA), pending U.S. Department of Energy review and approval. The grant requires a City match of $18K for a total appropriation of $70K for this microgrid planning project. $70,518 431-Electric Utility Fund:$0 $220,518 $0 53 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS Previously Approved by Council Total $91,134 $3,223,355 $0 Fund ComDev Capital Remodel Project from Departmental Savings Move Savings to Transfer Line to Send Funds to Asset Management Fund ($94,000)$94,000 Increase Capital Project in the Asset Management Fund $94,000 001-General Fund and 000-Asset Management Fund ($94,000)$94,000 $94,000 Decarbonization Roadmap Move From General Fund to REMP Fund Municipal Facilities Decarbonization Roadmap: General Fund ($80,000) Municipal Facilities Decarbonization Roadmap: REMP Fund $80,000 001-General Fund and 132 REMP Fund $0 $0 $0 Align Budget and Expense to Properly Code Expense for Golf ForeUp Software Move Business Services Budget Authority from Parks to Golf ($6,000) Move Business Services Budget Authority from Parks to Golf $6,000 100-Parks and Open Space Fund and 471-Golf Course Fund $0 $0 $0 Police Grants and Donations: Net $0 impact to the City of Aspen This is a net $0 ask formally approving budget to cover the use of various grants and overtime services. Funding sources equal $39,728 offsetting 100% of the budget appropriation. Background: The grants received were through Peace Officer Standards and Training (POST) for three officers to attend career development training, for High Visibility Impaired Driving Enforcement (HVE Colorado), Click it or Ticket education and enforcement, for Aspen Police to assist with Jazz Aspen, Boom Days in Leadville, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was granted a Peer Support Grant, which allows officers and their spouse to participate in counseling, provide training to our Peer Support Officers, and wellness visits with a therapist. Lastly, we have received a grant to sponsor a family to take them shopping for the holidays, hosted by Holy Cross. $39,728 Police Departmental Savings Correction: The initial Police savings calculation was inaccurate due to formula errors. This action sets the 2024 departmental savings to the correct amount. $84,300 221-Police $124,028 $0 $0 Accounting and Other 54 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS Vehicle Charging Stations Repairs: In July 2024, nine electric vehicle charging stations, owned, and operated by the City of Aspen, were vandalized. The repair work restoring these charging stations for public use was completed in October 2024, totaling $56,119. CIRSA is issuing an insurance check offsetting the repair costs. $56,119 325-Climate Action $56,119 $0 $0 Disbursement of 2024 Lodging Tax collections to ACRA based on actual YTD tax collections. $37,000 130-Tourism Promotion Fund $37,000 $0 $0 51249-Animal Shelter Efficiency Upgrades: Efficiency upgrades for solar panels, battery back up, and building insulation qualify for REMP funding increasing the REMP funding from $150,000 to $221,940. $71,940 132-REMP Fund $0 $0 $71,940 Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee Housing Units, the units are recorded as expense, inventory is reduced and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $932,400 505-Employee Housing Fund $932,400 $0 $0 Accounting and Other Total $1,055,547 $94,000 $165,940 Employee Payout: Per City policy, payout of employee accrued PTO an sick leave.$436,600 City Financial Policies Total $436,600 $0 $0 Total Technical Adjustments - Operating / Capital / Transfers:$1,583,281 $3,317,355 $165,940 City Financial Policies 55 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 51249-Animal Shelter Efficiency Upgrades: Revised project scope increases the 50% County's share by $112,500, for a total of $362,500 $112,500 51249-Animal Shelter Efficiency Upgrades: Efficiency upgrades for solar panels, battery back up, and building insulation qualify for REMP funding increasing the REMP funding from $150,000 to $221,940. $71,940 Savings to Transfer In Line: Funding the ComDev Remodel project in the AMP fund. $94,000 000-Asset Management Plan Fund: $112,500 $165,940 Food Safety 2024: 100% Funded by Grant We sought an FDA grant to improve food safety in the community. The grant allowed us to offer a food safety certification for Spanish-speaking restaurant workers. This is a service that restaurant operators requested and it addresses a language gap. There will be a new requirement in 2025 for restaurants to have multiple staff members certified in food safety and this project helps us address that proactively. $10,000 Vehicle Charging Stations Repairs: CIRSA's insurance payment to the City of Aspen offsetting the repair costs. In July 2024, nine electric vehicle charging stations, owned, and operated by the City of Aspen, were vandalized. The repair work restoring these charging stations for public use was completed in October 2024, totaling $56,119. $56,119 Police Grants and Donations: Net $0 impact to the City of Aspen This is a net $0 ask formally approving budget to cover the use of various grants and overtime services. Funding sources equal $39,728 offsetting 100% of the budget appropriation. Background: The grants received were through Peace Officer Standards and Training (POST) for three officers to attend career development training, for High Visibility Impaired Driving Enforcement (HVE Colorado), Click it or Ticket education and enforcement, for Aspen Police to assist with Jazz Aspen, Boom Days in Leadville, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was granted a Peer Support Grant, which allows officers and their spouse to participate in counseling, provide training to our Peer Support Officers, and wellness visits with a therapist. Lastly, we have received a grant to sponsor a family to take them shopping for the holidays, hosted by Holy Cross. $39,728 001-General Fund: $105,847 $0 2024 FALL REVENUE & TRANSFER DETAIL 56 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 2024 FALL REVENUE & TRANSFER DETAIL Shuttle Vehicle Purchase/Grant: 100% Funded by Grant The Transportation Department fleet plan calls for the replacement of four shuttle vehicles for use on City routes. These vehicles were approved for a total of $552,000. Based on CDOT’s negotiated pricing, the cost of these four vehicles has increased, with the total for the four vehicles estimated at $799,300 plus shipping, title, outfitting, and other expenses. The revised total is estimated at $871,720. The increase in cost is offset by a CDOT grant of $319,700. Approval of this supplemental request will allow the Transportation Department to move forward with acceptance of a CDOT grant. $319,720 141-Transportation Fund: $319,720 $0 Burlingame Phase 3 Settlement: $1,293,436 Fee In Lieu Increase: At the May 14, 2024 council meeting, Council approved multiple residential demo approvals that included Fee In Lieu because no housing credits are available for purchase. Collections to date are $1M and project to be higher by year end. ComDev expects this to continue for the next few years the fee is paid instead of buying the credits. $1,000,000 150-Housing Development Fund: $2,293,436 $0 Vehicle Accident Replacements - Water Department: ~$21,000 of the replacement cost is offset by insurance payments. 2012 Ford Fusion and 2013 Toyota Tacoma were rear ended, in two separate accidents, resulting in both vehicles being totaled. This funding is required to replace these vehicles in the Water fleet. $21,000 421 - Water Utility Fund: $21,000 $0 Comcast Refund of Expenditure: City of Aspen installed comcast cable while the ground was open minimizing the impact to the community. This funding is Comcast's repayment to the City of Aspen for the cost of this work. $265,217 Aspen Microgrid Planning Project: Council support for the microgrid planning grant application was approved through Resolution No.104-2024, in the August 27, 2024 meeting. A contingent grant was awarded in the amount of $52K through Department of Local Affairs (DOLA), pending U.S. Department of Energy review and approval. This grant requires a City match of $18K for a total appropriation of $70K for this microgrid planning project. The additional $18K is seen on the expense side of this request. $52,889 431 - Electric Utility Fund: $318,106 $0 57 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 2024 FALL REVENUE & TRANSFER DETAIL Stop Loss Reinsurance: The City of Aspen pays for insurance to protect against the risk of high claims. This is the insurance claims payments back to the City of Aspen. $550,000 501-Employee Benefits Fund : $550,000 $0 Total Revenue / Transfers In:$3,720,609 $165,940 58 Component Unit 2024 Appropriations By Fund Section 2 - Exhibit E Fund Name 2024 Audited Opening Balance 2024 Adopted Revenue 2024 Spring Supplemental Revenue 2024 Fall Supplemental 2024 Amended Revenue Budget 2024 Adopted Expense 2024 Spring Supplemental Expense 2024 Fall Supplemental Expense 2024 Amended Expense Budget 2024 Ending Balance 670 - Aspen Mini Storage Fund $53,072 $165,000 $0 $0 $165,000 $166,400 $0 $48,600 $215,000 $3,072 Opening Balance Revenues Expenses Ending Balance 59 Exhibit F - New Requests Department/Description Operating Capital Mini Storage Additional Operating Costs: Requesting to increase Mini Storage budget authority by $48,600 for additional operating expenses including accounting and audit fees, projected bad debt, and utilities. $48,600 670-Mini Storage Fund: $48,600 $0 Total New Requests - Operating / Capital:$48,600 $0 2024 FALL SUPPLEMENTAL NEW REQUESTS 60 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THRU: Sara Ott, City Manager & Pete Strecker, Finance Director MEMO DATE:November 11, 2024 MEETING DATE:November 19, 2024 RE:Second Reading – 2025 Fee Ordinance No. 17 (Series 2024) Request of Council: This memorandum outlines proposed fee changes included in the City’s Municipal Code under section 2.12 (Administrative). In addition to these code revisions, aseparate utility rate ordinance will be brought forward for Council consideration. Summary and Background:Fees are reviewed annually by staff and Council during budget development, with adjustments adopted through an annual ordinance. Revisions consider various factors, primarily focusing on cost recovery for services and external influences such as inflation or service demands. Historically, inflationary adjustments have been up to 5%, but recent assessments have factored in the past two years of higher inflation affecting service delivery by staff and vendors. Discussion: Notable changes beyond minor inflationary adjustments, as discussed in budget meetings with Council, include: Golf Course: Reduction of the Unlimited Golf Cart Pass and introduction of one new refund service charge based on time and opportunity cost analysis. Recreation: Fees have been adjusted significantly to a cost recovery model following detailed service analysis and community benefit reviews discussed in July Council sessions. The changes are thus pre-approved and are now reflected in documentation. Police: Modest fee increases for case reports, notary services, and minor logging hours reflect comparative rates in similar jurisdictions. Increases for case reviews and audio/video analysis are based on the time required. Alarm and late fees have also been updated, the first revisions in 8 and 10 years, respectively, to reflect staff time. Engineering: Development fees have shifted from hourly rates to flat or per-square-foot calculations for permits, simplifying the process and aligning with the cost recovery model. Parking: Rates for electric vehicle charging stations have been adjusted, including new overstay fees and time limits to optimize usage. City towing fees are also updated in response to fee increases by Shaun’s Towing Company. Parks: The 7-day park use business license fee has been removed, and a new modest day camp fee has been introduced to support educational activities related to park use. Proposed fee changes have been built into revenue budgets, but actual collections will depend on the volume of sales or services rendered. Any fee can be amended in any manner as desired by the Council and updated for inclusion in the second reading of the ordinance, scheduled for November 19, 2024. 61 Recommendations:Staff recommend approval of the 2025 proposed fee ordinance. City Manager Comments: 62 ORDINANCE NO. 17 Series of 2024 Early Season Regular Season Greens Fees / Passes Platinum $3,400 $3,400 Gold $1,700 $1,700 Silver $1,100 $1,100 Punch Pass $900 $900 Junior $250 $250 Twilight $735 $735 College Pass $525 $525 Senior Greens Fee – 9 Hole N/A $45 Senior Greens Fee – Primary Resident (Must Show ID) N/A $85 Military Rate (Must Show Proper ID) N/A $100 Green Fee – Max Rate N/A $250 Green Fee – Junior N/A $60 Green Fee – Guest of Member N/A $100 Tournament/Group Booking Rate (per person) N/A $350 Early Season Regular Season Cart and Club Rentals Golf Cart – 18 Holes N/A $26.50 Golf Cart – Members: 18 Holes N/A $24.50 Golf Cart – 9 Holes N/A $21.50 Golf Cart – Members: 9 Holes N/A $19.50 Unlimited Golf Cart Pass N/A $450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services, or are set above levels necessary to achieve full reimbursement of costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Municipal Golf Course, is hereby amended to read as follows: Sec. 2.12.010. Aspen Municipal Golf Course Page 1 of 35 63 ORDINANCE NO. 17 Series of 2024 Early Season Regular Season Cart and Club Rentals (continued) Pull Cart – 18 Holes N/A $20.50 Pull Cart – Members: 18 Holes N/A $18.50 Pull Cart – 9 Holes N/A $16.00 Pull Cart – Members: 9 Holes N/A $13.50 Rental Clubs – 18 Holes N/A $80 Rental Clubs – 9 Holes N/A $60 Lockers and Range Locker for Season N/A $450 Range Large Bucket N/A $14.50 Range Large Bucket – Members N/A $12.50 Range Small Bucket N/A $12.50 Range Small Bucket – Members N/A $10.50 Unlimited Range Pass N/A $400 Refund Service Fee N/A $100 Minimum Cost Recovery Max Fee Daily Admission Youth / Senior - Primary Resident (81611)50% $13 Youth / Senior - Guest 75% $30 Adult - Primary Resident (81611)50% $15 Adult - Guest 75% $32 The Recreation Department shall issue Fun Passes that provides access to the holder of such a pass to the following facilities and activities: use of the James E. Moore Pool, public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing wall at the Red Brick Recreation Center, fitness classes held at the Red Brick Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court rental and usage at the Aspen Tennis Center. Usage, participation and access to the above activities may be limited to certain times and dates as indicated on the pass. (Code 1971, §2-33; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §5; Ord. No. 53-1995, §2; Ord. No. 43-1996, §1; Ord. No. 49-1998, §1; Ord. No. 45-1999, §1; Ord. No. 57-2000, §1; Ord. No. 5-2002 §1; Ord. No. 47-2002 §18; Ord. No. 63-2003, §8; Ord. No. 2-2004, §1; Ord. No. 38-2004, §10; Ord. No. 49- 2005, §12; Ord. No. 48, 2006, §1; Ord. No. 52-2007; Ord. No. 29-2010§12; Ord. No. 33-2011§1; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for Recreation Department Fun Passes, is hereby amended to read as follows: Sec. 2.12.014 Recreation Department Fun Pass Page 2 of 35 64 ORDINANCE NO. 17 Series of 2024 Minimum Cost Recovery Max Fee Memberships Youth / Senior -1-month 30% $85 Youth / Senior - 3-month 30% $192 Youth / Senior - 6-month 30% $376 Youth / Senior - 12-month 30% $629 Youth / Senior - 20 Punch Pass 30% $231 Adult - 1-month 30% $146 Adult - 3-month 30% $340 Adult - 6-month 30% $460 Adult - 12-month 30% $809 Adult - 20 Punch Pass 30% $278 Family - 1-month 30% $279 Family - 3-month 30% $540 Family - 6-month 30% $967 Family - 12-month 30% $1,584 Corporate Punch Passes Non-Profit (100 Punches)30% $1,300 For Profit (100 Punches)30% $3,000 For Profit (500 Punches)30% $9,512 Non-Profit For Profit Aspen Recreation Center (ARC) Facility Rental Fees ARC Meeting Room - per hour $33 $90 ARC Full Facility Rental - per day $15,000 $20,000 Tennis/Pickleball One Court Rental - per hour $36 $40 ARC Pavilion Rental - per hour $33 $90 That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Recreation Center, is hereby amended to read as follows: Sec. 2.12.015. Aspen Recreation Center (Ord. No. 27-2003, §1; Ord. No. 63-2003, §9; Ord. No. 38-2004, §13; Ord. No. 49-2005, §4; Ord. No. 48, 2006, §3; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. 29-2010§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) (Ord. No. 27-2003, §2; Ord. No. 38-2004, §14; Ord. No. 49-2005, §3; Ord. No. 48, 2006, §2; Ord. No. 52- 2007; Ord. No. 40-2008; Ord. No. 27-2009§1; Ord. No. 29-2010§1; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 3 of 35 65 ORDINANCE NO. 17 Series of 2024 Non-Profit For Profit Ice Facility Rental Ice - Facility Rental - per hour $298 $404 Ice - Facility Rental - per day $6,300 $8,000 Non-Profit For Profit Rentals Aquatic Facility Rental - per hour $298 $404 Aquatic Facility Rental - per lane per hour $16 $27 Aquatic Facility Rental - per day $6,300 $8,000 Minimum Cost Recovery Max Fee Youth Ice Programming Youth Group Lessons - per session 30% $50 Private Lessons - per 1/2 hour 30% $67 Multiple Session Pass 30% $900 Sec. 2.12.030. James E. Moore Pool (Code 1971, §2-35; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 53-1995, §4 [part]; Ord. No. 43- 1996, §3; Ord. No. 49-1998, §3; Ord. No. 45-1999, §3; Ord. No. 47-2002 §17; Ord. No. 63-2003, §11; Ord. No. 38-2004, §15; Ord. No. 49-2005 §5; Ord. No. 48, 2006, §5; Ord. No. 40-2008; Ord. No.. 27-2009§4; Ord. No. 29-2010§4; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for miscellaneous leisure and recreation fees, is hereby amended to read as follows: Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees (Code 1971, §2-34; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 67-1993, §6; Ord. No. 68-1994, §6; Ord. No. 53-1995, §3; Ord. No. 43-1996, §2; Ord. No. 49-1998, §2; Ord. No. 45-1999, §2; Ord. No. 57- 2000 §2; Ord. No. 47-2002 §16; Ord. No. 27-2003; Ord. No. 63-2003, §10; Ord. No. 2-2004, §2; Ord. No. 38- 2004, §2; Ord. No. 49-2005, §7; Ord. No. 48, 2006, §4; Ord. No. 52-2007; Ord. No. 27-2009§3; Ord. No. 29- 2010§3; Ord. No. 33-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the James R. Moore Pool, is hereby amended to read as follows: Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Page 4 of 35 66 ORDINANCE NO. 17 Series of 2024 Minimum Cost Recovery Max Fee Youth Swim Lessons Youth Group Lessons - per session 20% $48 Private Lessons - per 1/2 hour 20% $66 Youth Programming Tier I: Drop In Fee 30% $25 Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)30% $76 Tier III: In-house sports leagues/lessons (soccer, spring basketball)30% $121 Tier IV: Traveling leagues (baseball, winter basketball)30% $184 Youth classes (dance, karate, climbing)30% $87 Afterschool Camp - Daily Rate 5% $20 Day Camp - Daily Rate 5% $54 Specialty Programs - per day 50% $141 Specialty Programs - per week 50% $895 Adult Programming - Individual Tier I: Drop In Fee 75% $25 Tier II: Personal Instruction 75% $200 Tier III: Multiple Session Pass 75% $900 Adult classes (CPR, Lifeguard Training)30% $334 Adult Sports - Team Tier I: Individual Registrant Fee 75% $384 Tier II: Full Team Registration Fee 75% $1,167 Other Fees Ball Machine Rental - per hour 75% $33 Birthday Party Bounce House - per hour 75% $75 Locker Rental: 6-month & annual 75% $120 Services: (skate sharping, towel / skate rental, etc.)75% $20 Merchandise (swimsuits, tape, goggles, etc.)75% $50 Non-Profit For Profit Red Brick Gym Facility Rental - per hour $55 $90 (Code 1971, §2-36; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §7; Ord. No. 53-1995, §4 [part]; Ord. No. 43-1996, §4; Ord. No. 49-1998, §4; Ord. No. 45-1999, §4; Ord. No. 57-2000, §3; Ord. No. 47-2002, §15; Ord. No. 63-2003, §12; Ord. No. 38-2004, §12; Ord. No. 49-2005, §6; Ord. No. 48, 2006, §6); Ord. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. No. 29-2010§5; Ord. No. 29-2012; Ord. No. 48- 2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 5 of 35 67 ORDINANCE NO. 17 Series of 2024 Program Fees Adult Class - up to 2 hrs* $61 Adult Class - 2 hrs to 4 hrs* $100 Adult Class - full day rate* $198 Youth – Art Camp (1 week) $371 Gallery Commission (% of gross sales) 40% Youth Art Class - up to 2 hrs* $42 Youth Art Class - 2 hrs to 4 hrs* $85 Youth Art Class - full day rate* $128 Private Adult Art Class - for an individual, up to 2 hours $320 Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours $428 Private Adult Art Class - for a group over 5 people, up to 2 hours, per person $86 Private Youth Art Class - for a group up to 8 children, up to 2 hours $319 Private Youth Art Class - for a group of 9 children or more, up to 2 hours $427 *Rate for different classes may vary based on suppy costs. Facility Fees Tenant Rent (per sq. foot) $2.18 Parking Permit $117 Room Rental (per hour) $29 For-Profit Non-Profit All Rates Below Include Rehearsals & Performances Public Event Day Rate | Mon-Thurs (up to 2 events per day)$875 $490 Public Event Day Rate | Fri-Sun (up to 2 events per day)$965 $540 Tech/Rehearsal Rate | Mon-Thurs $685 $390 Tech/Rehearsal Rate | Fri-Sun $965 $540 Weekly Rate | Mon-Fri (5 day max.)$3,500 $1,960 Private Corporate Event Day Rate $5,000 $975 The Vault Lobby Only (hourly, max. 4 hrs.)N/A $100 That Section 2.12.043 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Red Brick Center for the Arts, is hereby amended to read as follows: Sec. 2.12.043. Red Brick Center for the Arts Fees (Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22- 2023; Ord. No 17-2024) That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Wheeler Opera House, is hereby amended to read as follows: Sec. 2.12.045. Wheeler Opera House Page 6 of 35 68 ORDINANCE NO. 17 Series of 2024 For-Profit Non-Profit Box Office Royalty Sales Commission | Onsite Events 6% 0% Sales Commission | Offsite Events 6% 3% Credit Card Billback Visa & Mastercard 3% 3% American Express 4% 4% Box Office Ticket Sellers Box Office Staff Onsite | 2hr minimum per staff $31 $31 Box Office Staff Offsite | 2hr minimum per staff $40 $40 Box Office Set-Up Box Office Event Set-Up Fee | Single Event $200 $100 Box Office Event Set-Up Fee | 5-9 events $800 $400 Support Services Client Ticket Charge | Comps, Pass Bar Codes, & Consignment Tickets (per ticket over 25)$0.50 $0.50 Theatre Technicians | 4hr minimum per staff (hourly)$30 $30 Production Manager | 4hr minimum per staff (hourly)$40 $40 Custodial Services Technician (hourly)$37 $37 Foodservice Cleaning Fee (hourly)$75 $75 Audio/Lighting Supervisor | 4hr minimum per staff (hourly)$40 $40 House Management Staff | 4hr minimum per staff (hourly)$30 $30 Catering Coordination | requires prior arrangement $40 $40 Merchandise Seller $150 5% of gross sales Merchandise – Recorded Material & Other 10% / 20% of gross N/A Equipment / Instrument Rental 9' Concert Grand Steinway Day Rate | approval required $255 $255 Piano Tuning, per tuning rate $250 $250 Drum Kit Rental Day Rate $200 $200 Video Media Rental Day Rate | Projector, Screen, DCP $200 $200 Video Media Rental Weekly Rate | 5 consecutive days $500 $500 *In order to qualify for non-profit rates, organization must be a registered Roaring Fork Valley non-profit organization or qualifying performing artist. City Manager has discretion to waive or reduce fees in instances for community beneft. (Ord. No. 68-1994, §8; Ord. No. 53-1995 §5; Ord. No. 45-1999, §5; Ord. No. 49-1998, §5; Ord. No. 57-2000, §4; Ord. No. 12-2003, §1; Ord. No. 63-2003, §13; Ord. No. 38-2004, §11; Ord. No. 48, 2006, §7; Ord. No. 40- 2008; Ord. No. 27-2009§6; Ord. No. 29-2010 §6; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 7 of 35 69 ORDINANCE NO. 17 Series of 2024 Law Enforcement Records Accident Reports – In Person Case Reports Per Copied Page Arrest History / Background Checks Arrest History / Background Checks Per Copied Page Criminal History Report Per Name Search (5 names per person) Extensive Records Search Per Hour Communications Logging / Hour Per Audio CD Case Report/Accident Photos / CD Records Research / Additional Hour Body Worn Camera (BWC) Video Per Case BWC Records Research / Additional Hour Aspen Police Department Alarm User Permit First False Alarm / Year Second False Alarm / Year Third and Fourth False Alarm / Year All Bank Alarms Late Fees Vehicle Inspection Certified VIN Inspection Off-Duty Security/Officer/Hour Notary Fees Dog Vaccination and License Fees Annual Dog Tag Fees Spayed/Neutered Dog Tag Fee Senior Citizen/Active Service Dog Tag Fee Replacement Tag $27 That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Police Department, is hereby amended to read as follows: Sec. 2.12.050. Aspen Police Department fees $10 $10 $0.25 $35 $35 $27 $10 $0.25 $25 $35 $35 $20 $35 $100 $10 $150 $150 $250 $400 $400 $15 $20 $20 $10 FREE $4 Page 8 of 35 70 ORDINANCE NO. 17 Series of 2024 Encroachment Fees $722 $107 $6,260 $1,000 $1.40 $5.00 $20.00 $20.00 $749 $1,873 $2,301 $1.61 $749 Landscape and Grading Permit See fee schedule See fee schedule See fee schedule $325 Construction Mitigation Review Fee (as applicable) Engineering Development Review Fee Sec. 2.12.051. Engineering Department fees Encroachment License and Application Encroachment Fees (Minor Encroachment < 3 hrs) Vacation Application ($325 / hr for estimated 18 hours) (Code 1971, §2-38; Ord. No. 77-1992, §17; Ord. No. 68-1994, §§9—11; Ord. No. 53-1995, §§6—10; Ord. No. 43-1996, §§5—7; Ord. No. 49-1998, §§6—8; Ord. No. 45-1999, §§6—9, 20; Ord. No. 57-2000, §§5, 12; Ord. No. 47-2002, §2; Ord. No.. 63-2003, §2; Ord. 2-2004, §3; Ord. 38-2004, §1; Ord. No. 49-2005, §1; Ord. No. 48, 2006, §8; Ord. No. 40-2008; Ord. No. 27-2009§7; Ord. No. 29-2010§7; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Engineering Department, is hereby amended to read as follows: Permanent Encroachment Fee (per permit) Permanent Encroachment for Earth Retention (per cuft/mo) Right-of-Way Permits (Ord. No. 47-2002, §3; Ord. No. 49-2005, §13; Ord. No. 48, 2006, §9; Ord. No. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§8; Ord. No. 29-2010§8; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Environmental Health Department, is hereby amended to read as follows: Solely Sidewalk and Pedestrian Improvements Service Lines and Telecom Utility Trenching - Asphalt Paving (may also include flatwork) Main Lines Utility Trenching - (may also include service lines and flatwork) Impacted ROW area greater than 5,000 SF (PSF) Critical Public Infrastructure - Submitted by Utility Provider and not associated with a Building Permit By commercial operations not associated with construction, including contractors and vendors (PSF/mo) Base cost within the core by commercial operations associated with construction, including contractors and vendors (PSF/mo). Fees increase by 20% for first exception granted, 30% increase for second exception granted, 40% increase for every exception granted thereafter. Outside of the core by commercial operations associated with construction including contractors and vendors (PSF/mo) Zoning Hourly Review Fee (as applicable)/hr Parks Development Review Fee (as applicable) Page 9 of 35 71 ORDINANCE NO. 17 Series of 2024 Environmental Health Fees Event Plan Review $30 Event Inspection Fee $70 Swimming Pool Plan Review $79 Environmental Health Fees (continued) Restaurant Site Inspection $82 Food Safety Training $82 Large Childcare $100 Small Childcare $50 Plan review application $100 $580 HACCP plan review – written (not to exceed)$100 HACCP plan review – on-site (not to exceed)$400 Building Permit Review (per hour)$325 Real estate review (not to exceed)$75 Food Service License $0 Limited food service (convenience, other)$270 Restaurant 0-100 Seats $385 Restaurant 101-200 Seats $430 Restaurant Over 200 Seats $465 Grocery store (0 – 15,000 sq. ft.)$195 Grocery store (> 15,000 sq. ft.)$353 Grocery store w/ deli (0 – 15,000 sq. ft.)$375 Grocery store w/ deli (> 15,000 sq. ft.)$715 Mobile Unit (full-service)$385 Mobile Unit (pre-packaged)$270 Oil & Gas (Temporary)$855 Special Event (full-service)$255 Special Event (pre-packaged)$115 Enforcement Fees and Penalties Civil Penalty (4 consecutive or 4/5 inspections that don’t “pass”)$1,000 Sec. 2.12.052. Environmental Health Department fees (Ord. No. 47-2002, §4; Ord. No. 63-2003, §2 Ord. No. 38-2004, §3; Ord. No. 49-2005, §2; Ord. No. 48, 2006, §10; Ord. No. 40-2008; Ord. No. 15-2009; Ord. No. 27-2009§9; Ord. No. 29-2010§9; Ord. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Free (K-12 school, penal institution, non-profit serving food insecure populations) Plan review & pre-operational inspection (not to exceed) Page 10 of 35 72 ORDINANCE NO. 17 Series of 2024 Rio Grande Plaza Parking Hourly Rate Maximum Daily Fee Validation Stickers / Visit Unlimited Use Monthly Pass Lost Ticket Fee 5-Day Unlimited Access Hotel Pass Special Events Pass / Day Access Replacement Card Commercial Core Pay Parking (between 7:00 AM and 6:00 PM) Hourly Rates (10:00am to 11:00am) High Season Hourly Rates (11:00am to 3:00pm) High Season Hourly Rates (3:00pm to 6:00pm) High Season Hourly Rates (10:00am to 11:00am) Low Season Hourly Rates (11:00am to 3:00pm) Low Season Hourly Rates (3:00pm to 6:00pm) Low Season 30 minutes Single Space Meters (per 15 minutes) Residential Permit Parking Residential Day Pass Space Rental Fee / Day First and Second Permit for Residence and Guest Third Permit for Resident and Guest Lodge Guest Permit (4-days) Business Vehicle Permit High Occupancy Vehicle Permit Electric Vehicles Electric Vehicle Charging Limit - Level 2 Electric Vehicle Charging Limit - Level 3 Electric Vehicle Charging - Level 2 Charger Electric Vehicle Charging - Level 3 Charger Electric Vehicle Daytime Overstay Fees (No overstay fees between 12:00am – 8:00am.) – All EV Chargers / After Applicable Charging Limit Smart Loading Zone per 15 minutes Up to $0.75 per kWH $25.00 $60.00 $6.00 $250.00 $20.00 That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parking Department, is hereby amended to read as follows: Sec. 2.12.060. Parking fees $2.00 $12.00 $6.00 $1.00 $0.50 $8.00 $20.00 Free $25.00 $4.00 $6.00 $4.00 $2.00 $4.00 $2.00 $3.00 $125.00 Free Free $0.50 Up to $0.30 per kWH 4 hours 2 hours Up to $1/min Page 11 of 35 73 ORDINANCE NO. 17 Series of 2024 Miscellaneous Parking Delivery Vehicle Permit Service Vehicle Construction – Residential / Day Construction – Commercial / Day Expedited Construction Parking Reservation (< 48 hours notice) / Space Reserved Spaces for Approved Activities Handicapped Parking Permit Replacement Tow Truck Cancellation Fee Boot Fee Towing Fee (Tickets / Snow / Farmer's) Towing Fee (72 Hour / Abandoned) Ticket Late Fee Neighborhood Electric Vehicles $40.00 $100.00 $50.00 Free $75.00 $90.00 $100.00 50% of parking rates $100.00 2-Neighborhood electric vehicles (NEV’s) are defined as follows: A low-speed electric vehicle which does not exceed speeds of 20-25 mph. The vehicle must have seat belts, headlights, windshield wipers, safety glass, tail lamps, front and rear turn signals and stop lamps. These vehicles must have a vehicle identification number (VIN) and be state-licensed. NEV’s are only permitted within the City limits and on roads that have speed limits less than 40 mph. 3-High Season includes the months of Jan, Feb, Mar, Jun, Jul, Aug, Sep, and Dec. Low Season includes Apr, May, Oct and Nov. $150.00 $260.00 $300.00 $10.00 Free 1-The residential permit parking program restrictions shall be in effect from 8:00 a.m. until 5:00 p.m., Monday through Friday (official holidays exempted), unless otherwise specified. (Code 1971, §2-39; Ord. No. 36-1994, §1; Ord. No. 68-1994, §12; Ord. No. 53-1995, §20; Ord. No. 43-1996, §17; Ord. No. 49-1998, §9; Ord. No. 45-1999, §9; Ord. No. 57-2000, §5; Ord. No. 4-2002, §1; Ord. No. 47- 2002, §19; Ord. No. 63-2003, §15; Ord. No. 49-2005, §14; Ord. No. 39-2007; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No.. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the City Clerk’s Office, is hereby amended to read as follows: Page 12 of 35 74 ORDINANCE NO. 17 Series of 2024 Liquor Licenses Beer Permit (3.2% by Volume) $10 Special Event Permit $25 New License $1,000 Transfer of Location or License $750 Hotel & Restaurant or Tavern including Modest - Renewal Fee $178.75 Beer & Wine including Modest - Renewal Fee $152.50 Retail Liquor Store or Drug Store - Renewal Fee $122.50 Arts or Club-Renewal Fee $115 3.2 Beer-Renewal Fee $103.75 Optional Premises License $50 Temporary Permit $100 Late Renewal Application Fee $500 Tastings Permit $100 Marijuana Licenses Medical or Retail Marijuana Center New License Fee $2,000 Medical & Retail Marijuana Optional Premise Cultivation License $2,000 Medical or Retail Marijuana Infused Products Manufacturers' License $2,000 Medical Marijuana Center Applying for Retail Marijuana Store License $2,000 Medical or Retail Marijuana Transfer of Ownership $750 Medical or Retail Marijuana Change of Location $500 Medical or Retail Marijuana Change of Corporation or LLC Structure $100 Medical or Retail Marijuana Modification of Premises $100 Renewal of Retail or Medical Marijuana License $1,000 Sec. 2.12.080. Parks Department fees Parks Use and Special Event Fees Administration Fee One-Time Park Rental Reoccuring Park Rental Special Event Permit $22 $90 $180 That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parks Department, is hereby amended to read as follows: Sec. 2.12.070. Liquor and marijuana license application fees (Code 1971, §2-40; Ord. No. 8-1994, §4; Ord. No. 45-1999, §10; Ord. No. 24-2004, §2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024; Ord. No 17-2024) Page 13 of 35 75 ORDINANCE NO. 17 Series of 2024 Park Rental Fee Base Rate (hourly) Athletic Field Prep (per athletic season) Add-On Fee: Additional Requested Athletic Paint or Prep Fee (per day) Add-On Fee: Commercial Fee (per day) Day Camp Use fee (annual) Special Event Fee (per day) Daily Rate (per park, per day) Commercial Rafting Put-in Fee (per season) Paragliding Fees Landing Zone Fee (Per Year) Paragliding Commercial Landing Fee Flags and Banners Flags on Main Street/Flag Banners on Main Street/Banner Mall Space Leasing Price (PSF) Filming 3-10 People 11-30 People: Still 11-30 People: Video 31-49 People: Still 31-49 People: Video 50 and Over People Tree Fees Standalone Tree Removal Permit And per tree Mitigation Fee Parks Development Fees Encroachment Review Right of Way Review Landscaping/Grading Review (PSF of disturbance) Landscape/Resource Review (PSF of disturbance) Fence Permit Review Roofing Permit Review $18 $18 $5 $45 $25 $768 $150 $50 $10 $46 $32 $100 $300 $2 $180 $155 $255 $360 $360 $460 $870 $210 $60 $100 (Ord. No. 45-1999, §11; Ord. No. 47-2002, §6; Ord. No. 63-2003, §14; Ord. No. 38-2004, §5; Ord. 52-2007; Ord. No. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36- 2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024) $0.28 $0.28 $100 Page 14 of 35 76 ORDINANCE NO. 17 Series of 2024 BUILDING PERMIT FEES Total Valuation: $1.00 to $5,000.00 Total Valuation: $5,001.00 to $50,000.00 Total Valuation: $50,001.00 to $100,000.00 Total Valuation: $100,001.00 to $250,000.00 Total Valuation: $250,001.00 to $500,000.00 Total Valuation: $500,001.00 to $1,000,000.00 Total Valuation: $1,000,001.00 to $2,500,000.00 Total Valuation: $2,500,001.00 to $5,000,000.00 Total Valuation: Above $5,000,000 Building Permit Review Fee (per hour) Plan Check Fees (as percent of total building permit outlined above) Energy Code Fee (as percent of total building permit outlined above) Building Permit Fee (as percent of total building permit outlined above) GIS Fee (applicable only if changing building footprint) Renewable Energy Mitigation Payment Use Tax Deposit – City of Aspen Use Tax Deposit – Pitkin County This Section of the Code sets forth building permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Building and Planning Department, is hereby amended to read as follows: Sec. 2.12.100. Building and Planning $25.00 2.1% of value of materials for projects over $100,000 0.1% of value of materials 50% of sum of $25 + 5.0% of permit valuation over $5,000 75% of sum of $2,275 + 3.5% of permit valuation over $50,000 $4,025 + 2.5% of permit valuation over $100,000 $7,775 + 2.0% of permit valuation over $250,000 $12,775 + 1.75% of permit valuation over $500,000 $21,525 + 1.5% of permit valuation over $1,000,000 $44,025 + 1.25% of permit valuation over $2,500,000 (see details below) $75,275 + 0.75% of permit valuation over $5,000,000 plus 0.5% of permit valuation over $10,000,000 $325.00 65% 15% 100% $500.00 Fees Due Upon Permit Issuance Fees Due Upon Permit Submittal Page 15 of 35 77 ORDINANCE NO. 17 Series of 2024 Residential Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps Commercial Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps CHANGE ORDER FEES Fees Due Upon Change Order Issuance Change Order Plan Check Fee - Engineering Change Order Plan Check Fee - Parks Change Order Energy Code Review Fee – if applicable Change Order Building Permit Fee (as a percentage of revised permit fee) $34 per square foot divided by boiler efficiency (AFUE) $136 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) RENEWABLE ENERGY MITIGATION PAYMENT $6,250 per KWH $224.65 per square foot $1,400 per 10,000 BTU per hr Commercial Onsite Renewable Credits (certain restrictions may apply) Applications for change orders shall cause a revision to the overall project valuation. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Not all change orders will require additional fees in each fee category. A change order fee applies each time a change order is submitted. A change order may propose multiple changes, and applicants are encouraged to "bundle" their change order requests to minimize fees. Residential Onsite Renewable Credits (certain restrictions may apply) $6,250 per KWH $125 per square foot $1,400 per 10,000 BTU per hr $60 per square foot divided by boiler efficiency (AFUE) $170 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) See Engineering Development, Construction Mitigation Plan, & Erosion Fees within Section. 5% PHASED PERMITTING FEES Applications for Building Permits may be issued in "phases" prior to the entire permit being ready for issuance. For a permit to be issued in phases, all elements of that phase must be reviewed and approved by the Building Department and applicable referral agencies. A Phased Building Permit still requires complete submission of all required documents and information for all phases at initial permit application submission. Issuance of a permit in phases is at the discretion of the Chief Building Official. Fees for phased permit issuance are in addition to fees due for issuance of a complete building permit. $325.00/hr. See Parks Department Fees Sec. 2.12.080 Page 16 of 35 78 ORDINANCE NO. 17 Series of 2024 Fees Due at Issuance of Phase 1 Permit: Building Permit Review Phasing Fee Zoning Review Phasing Fee Construction Mitigation Phasing Fee Engineering Development Review Phasing Fee Parks Phasing Fee Utilities Development Review Phasing Fee SPECIAL SERVICES FEES Inspection Fee Outside of Normal Business Hrs. (per hour, min. 2 hrs.) Re-inspection Fee (per inspection) Special Inspections Fee for Unspecified Inspection Type (per hour, min. 1 hr) Building Permit Extension Fee – per Occurrence REPAIR FEES Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Engineering Review Parks Review Fee RE-ROOFING AND ROOFING FEE Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Parks Review Permit Fee Plan Review Fee Construction Mitigation Fee TEMPORARY STRUCTURE Permit Fee Plan Review Fee Parks Review Fee Fire Department Review Fee 35% of Building Permit Fee 10% of Zoning Review Fee 50% of Construction Mitigation Fee 10% of Engineering Fee 10% of Parks Review Fee 10% of Utilities Review Fee $325.00/hr. $325.00/hr. See Construction Mitigation Fees within Section 10% of Engineering Review Fee See Parks Department Fees Sec. 2.12.080 $325.00/hr. $325.00/hr. $325.00/hr. 7.5% of Building Fee Permit ($5,000 maximum per extension) $25.00 $25.00 (minimum) $325.00/hr. (1 hr. minimum) See Construction Mitigation Fees within Section $25.00 $325.00/hr. (1 hr. minimum) See Parks Department Fees Sec. 2.12.080 $25.00 $25.00/100 sqft of roofing $325.00/hr. See Construction Mitigation Fees within Section See Parks Department Fees Sec. 2.12.080 INTERIOR FINISH & FIXTURE REMOVAL FEE $100.00 Page 17 of 35 79 ORDINANCE NO. 17 Series of 2024 CERTIFICATE OF OCCUPANCY Permanent Certificate Temporary Certificate per Occurrence (max $5,000 ea.) Stop Work Order or Correction Notice – 1st Infraction Stop Work Order or Correction Notice – 2nd Infraction Stop Work Order or Correction Notice – 3rd Infraction (license subject to suspension or revocation) Project Valuation < = $5,000 Project Valuation > $5,000 FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS 2 Times Permit Valuation Fee 4 Times Permit Valuation Fee 8 Times Permit Valuation Fee The Chief Building Official may from time to time implement lower fees to encourage certain types of building improvements as directed by the City Council or City Manager. Example programs may include energy efficiency improvements, accessibility improvements and the like. Special fees shall not exceed those otherwise required. Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The Community Development Director shall waive building permit fees for General Fund Departments of the City of Aspen consistent with City policy. The Community Development Director may reduce building permit review fees by no more than 50% for projects with a fee significantly disproportionate to the service requirements. The City may not waive or reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax. Included in Building Permit Fee 7.5% of Building Permit Fee Projects that had a Land Use review cannot submit for a building permit until all invoices related to the Land Use review have been paid in full. Additional penalties, pursuant to Municipal Code Section 26.104.070, Land Use Application Fees, also may be applicable. For violations of the adopted building codes other than a stop work order or correction notice, the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations of the Building Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any work on the property for a period of time; recovery of costs to the public for any required remediation of the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff to address the violation; and, other fees, fines, and penalties or assessments as assigned by the Municipal Court Judge. No Certificate of Occupancy shall be issued until all fees have been paid in full. Violations of this policy are subject to fines. ENFORCEMENT FEES AND PENALTIES COMMUNITY PURPOSE DISCOUNT PROGRAMS Applications submitted for Building Permits by nonprofit organizations (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning/building permit fees waived based on the following schedule: 100% Fee Waiver 50% Fee Waiver of Fees for Project Valuations between $5,000 and $250,000 Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees: Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve consecutive month period. All other applicable utilities fees are not subject to this waiver, including but not limited to: investment charge, connection permit, tap fees, hook-up charges, service fees, and electric extension costs. Page 18 of 35 80 ORDINANCE NO. 17 Series of 2024 Category of Work % of Building Permit Fee Charged Length of City Agreement Minor interior upgrade (e.g., paint, carpet, light fixtures) 25% 5 years Minor exterior upgrade (e.g., new windows, new paint/exterior materials)25% 5 years Major interior upgrade A (e.g., remodel units, including bathrooms)50% 10 years Major interior upgrade B (e.g., remodel common areas and any kitchen/food service facilities)50% 10 years Redevelopment or Major Expansion 75% 20 years Engineering Development Fees 200 – 500 SF 501 – 1000 SF Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS This Section of the Code sets forth engineering review fees for the City Engineering Department, and shall be applied to applications submitted on or after January 1, 2025: $749 $1,445 $1.71 $0.48 Plan Check fees are not refundable for expired or cancelled permits. Impact mitigation fees for un-built projects (construction not started) shall be refunded 100%. Building permit and impact fees for partially constructed projects are not refundable. Expired or cancelled permits are not renewable. Projects with expired or cancelled permits must reapply for building permits and pay all applicable fees. Projects with expired or cancelled permits that have previously paid impact fees need only pay (or be refunded) the difference in impact fees when applying for a new permit. Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. EXPIRED or CANCELLED PERMITS and REFUNDS SMALL LODGE PROGRAM Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible for reduced building permit review fees based on the following schedule. To be eligible for the discount, all lodges must enter into an agreement with the City stating that the property will remain a lodge for a minimum number of years, and that if the use changes during that time period, the property shall owe the City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review, CMP, and Building Permit fees. $0.54 $642 $321 $321 $0.32 Page 19 of 35 81 ORDINANCE NO. 17 Series of 2024 Erosion Fees Erosion and Sediment Fee (PSF) Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases RESIDENTIAL ELECTRICAL FEES Living area not more than 1,000 square feet Living area 1,001 to 1,500 square feet Living area 1,501 to 2,000 square feet Living area over 2,000 square feet Other Electrical Installation Fees Installation Permit on Projects Valuing Less than $2,000 Installation Permit on Projects Valuing $2,000 or More Re-Inspections Extra Inspections Photovoltaic Generation System (Valuation based on cost to customer of labor, materials, & items) Residential: Valuation not more than $2,000 Residential: Valuation $2,001 and above Commercial: Valuation not more than $2,000 Commercial: Valuation $2,001 and above Fee is based on the enclosed living area only, includes construction of, or remodeling or addition to a single- family home, duplex, condominium, or townhouse.If not wiring any portion of the above listed structures, and are only changing or providing a service, see “Other Electrical Installation Fees” below. $155.00 $233.00 $310.00 $310.00 + $16.00 per 100 sqft over 2,000 Including some residential installations that are not based on square footage (not in a living area, i.e., garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer, including electrical materials, items and labor - whether provided by the contractor or the property owner. Use this chart for a service connection, a temporary meter, and all commercial installations. Fifty percent of the construction mitigation fee will be collected at permit submission; the remaining fifty percent upon permit issuance. Fees are not triggered unless a Construction Mitigation Review is performed. Triggers for the Construction Mitigation Review are located in the Construction Mitigation Plan requirements. This Section of the Code sets forth electrical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: $0.43 $0.21 $1,338 $2,140 $1,605 $5,350 $16,050 $115.00 plus $11.50 per thousand or fraction thereof (max $500) $115.00 $115.00 $115.00 plus $11.50 per thousand or fraction thereof (max $1,000) $155.00 $155.00 + $16.00 per thousand dollars (rounded up) $77.50 $77.50 Page 20 of 35 82 ORDINANCE NO. 17 Series of 2024 Mechanical Permit (per unit) Supplemental Permit for which the original has not expired, been canceled or finalized (per unit) Forced-air or gravity-type furnace or burner, including attached ducts and vents; floor furnace, including vent; suspended heater; recessed wall heater or floor-mounted unit heater (per unit) Each appliance vent installed and not included in an appliance permit Each refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code Each boiler or compressor to and including 3 horsepower (10.6 kW) or each absorption system to and including 100,000 Btu/h (29.3 kW) Each boiler or compressor over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW) or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (293.1 kW) Each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW) or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) Each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW) or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) Each boiler or compressor over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) Each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto Each air-handling unit over 10,000 cfm (4,719 L/s) This Section of the Code sets forth mechanical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: Cooling Systems Boilers, Compressors and Absorption Systems (installation or relocation) $33.16 $66.31 $66.31 Appliance Vents (installation, relocation or replacement) $33.16 MECHANICAL PERMIT FEES $66.31 $26.53 UNIT FEE SCHEDULE Furnaces (installation or relocation) $66.31 $331.56 Air Handlers Fee does not apply to units included with a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. $33.16 $132.63 $176.83 $265.25 Page 21 of 35 83 ORDINANCE NO. 17 Series of 2024 Each evaporative cooler other than portable type Each ventilation fan connected to a single duct Each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit Each hood which is served by the mechanical exhaust, including the ducts for such hood Each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories or for which no other fee is listed in the table Hourly inspection fee outside of normal business hrs (min. 2 hrs) Re-inspection fees assessed under Section 305.8 (per inspection) Hourly inspections fee for unspecified inspection type(min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Plumbing Permit (per issuance) Each supplemental permit for which the original has not expired, been canceled or finalized Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection) For repair or alteration of drainage or vent piping, each fixture Each building sewer and each trailer park sewer Each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as traps Rainwater systems, per drain (inside buildings) Evaporative Coolers $33.16 Ventilation and Exhaust $325.00 $325.00 $325.00 $325.00 Miscellaneous Other Mechanical Inspections Fees $26.53 $33.16 $33.16 $33.16 $26.53 $13.26 Sewers, Disposal Systems and Interceptors $265.25 This Section of the Code sets forth plumbing permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: PLUMBING PERMIT FEES $66.31 $26.53 UNIT FEE SCHEDULE Fixtures and Vents $66.31 $33.16 Page 22 of 35 84 ORDINANCE NO. 17 Series of 2024 For installation, alteration or repair of water piping or water-treating equipment or both, each For each water heater, including vent Each gas piping system of one to five outlets Each additional outlet over five, each Each lawn sprinkler system on any one meter, including backflow protection devices thereof 1 to 5 devices Over 5 devices, each 2 inches (50.88 mm) and smaller Over 2 inches (50.8 mm) Each public pool Each public spa Each private pool Each private spa Each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories or for which no other fee is listed in this code Hourly inspection fee outside of normal business hrs. (min. 2 hrs) Re-inspection fees – inspections required after a failed inspection (per inspection) Hourly inspections fee for unspecified inspection type (min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Unlimited Commercial Light Commercial Homebuilder This Section of the Code sets forth licensing fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: $33.16 Gas Piping Systems $13.26 $6.63 $33.16 $53.05 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices $26.53 $26.53 For atmospheric-type vacuum breakers or backflow protection devices not included in Fixtures and Vents: Water Piping and Water Heaters $26.53 $6.63 Each backflow-protection device other than atmospheric-type vacuum breakers: $325.00 $325.00 $325.00 Miscellaneous $33.16 Other Plumbing Inspection Fees $325.00 Swimming Pools $1,591.50 $795.75 $530.50 $265.25 General Contractor Licenses (3-year term) $450 $450 $450 $450 Page 23 of 35 85 ORDINANCE NO. 17 Series of 2024 Alteration and Maintenance Drywaller Fire Resistive Construction & Penetrations Excavation Insulation / Energy Efficiency Mechanical Contractor Radon Mitigation Roofing Solid Fuel and Gas Appliance Temporary Contractor Tent Installer Concrete Low Voltage Masonry Fire Alarm System Installer Fire Sprinkler System Installer FEES Application Monthly Membership Hourly Usage Per Mile Usage Fixed daily Rate No Reservation Fee Emergency Cleaning (per hour, plus cleaning costs) Missing/Incorrect Trip Ticket/Reservation NSF Check Lost Key Fee Late Return Fee (per hour, plus applicable taxi fees) Low Fuel Fee (plus applicable taxi fees) CREDITS Inconvenience Credit (per hour, plus applicable taxi fees) Referral Refuel / Wash Specialty Contractor Licenses (3-year terms) That Section 2.12.130 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Car-to-Go Carshare Program, is hereby amended to read as follows: $10.00 $4 - $6 $142 $142 $142 $142 $142 $142 $142 $142 (Ord. No. 63-2003, §7; Ord. No. 38-2004, §6; Ord. No. 49-2005, §8; Ord. No. 48, 2006, §12; Ord. No. 3-2011, §1; Ord. No. 29-2012; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32- 2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) $25.00 $142 $142 $142 $142 $142 $142 $142 $30 - $50 $50.00 $50.00 $30 - $50 $30 - $50 $30 - $50 $30 - $50 $0.40 - $0.60 $70 - $90 Sec. 2.12.130. Car-To-Go Carshare Program fees $30 - $50 $25.00 $4 / $6 Page 24 of 35 86 ORDINANCE NO. 17 Series of 2024 Sec. 2.12.140. Stormwater fees Fee-in-Lieu of Detention Fee (per cubic foot of detention req.) Monthly Recurring Charge Non-Recurring Charge High-Speed Dedicated Internet Access (DIA)* 100 Mpbs/100 Mpbs Upload/Download $368.00 $250.00 200 Mpbs/200 Mpbs Upload/Download $525.00 $250.00 500 Mpbs/500 Mpbs Upload/Download $788.00 $250.00 1 Gbps/1 Gbps Upload/Download $1,575.00 $250.00 That Section 2.12.140 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Stormwater Department, is hereby amended to read as follows: (Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024) $78.78 (a) The fee is based on 100 percent of the estimated cost of constructing a detention facility on-site. The City Engineer at his/her sole discretion may require a certified cost estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be paid in-lieu-of detention. (b) Required detention storage shall be calculated at the rate of 6.20 cubic feet per 100 square feet of impervious area. The City Engineer at his/her sole discretion may require a certified storage volume estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be used for detention volume storage requirements. (Ord. No. 40-2008; Ord. No. 27-2009§11; Ord. No. 29-2010§11; Ord. No. 15-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.150 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Community Broadband, is hereby amended to read as follows: Sec. 2.12.150. Community Broadband (Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) *1. Assumes fiber pair available to location 2. Internet service includes 1 dynamic IP address 3. Higher bandwidth and different services may be available on a customized basis 4. Flexibility at discretion of Aspen City Manager Page 25 of 35 87 ORDINANCE NO. 17 Series of 2024 That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth land use application fees, is hereby amended to read as follows: The Community Development Director shall bill applicants for any incidental costs of reviewing an application at direct costs, with no administrative or processing charge. Planning Review: Deposit and Billing Administration This Section of the code sets forth certain fees related to planning and historic preservation as follows, applicable to applications submitted on or after January 1, 2025: Sec. 26.104.070. Land Use Application Fees The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time than is covered by the deposit. In the event the processing of an application by the Community Development Department takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee. The Community Development Director shall establish appropriate guidelines for the regular issuance of invoices and collection of amounts due. The Community Development Director shall establish appropriate guidelines for the collection of past due invoices, as required, which may include any of the following: 1) assessment of additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75% per month, 2) stopping application processing, 3) reviewing past-due accounts with City Council, 4) withholding the issuance of a Development Order, 5) withholding the recordation of development documents, 6) prohibiting the acceptance of building permits for the subject property, 7) ceasing building permit processing, 8) revoking an issued building permit, 9) implementing other penalties, assessments, fines, or actions as may be assigned by the Municipal Court Judge. Flat fees for the processing of applications shall be cumulative. Applications for more than one land use review requiring an hourly deposit on planning time shall require submission of the larger deposit amount. Land use review fee deposits may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. Review fees for projects requiring conceptual or project review, final or detail review, and recordation of approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual/project, final/detail, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual/project approval all billing shall be reconciled, and all past due invoices shall be paid prior to the Director accepting an application for final/detail review. Final/detail review shall require a new deposit at the rate in effect at the time of final application submission. Upon final/detail approval, all billing shall again be reconciled prior to the Director accepting an application for review of recordation documents. Notwithstanding the planning review fee schedule, the Community Development Director shall waive planning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. Page 26 of 35 88 ORDINANCE NO. 17 Series of 2024 Total Fees < $2,500 Total Fees $2,500 - $10,000 Pre-Application / Pre-Permit Meetings Call-in / Walk-in Development Questions GMQS – SF or Dx on Historic Landmark Historic Designation Historic Preservation – Exempt Development Historic Preservation – Minor Amendment, HPO Review Historic Preservation – Minor Amendment, Monitor Review Development Order Publication Fee First Residential Design Compliance Review GMQS – Temporary Food Vending Code Interpretation – Formal IssuanceHistoric Preservation – Certification of No Negative EffectTemporary Use – Admin. GMQS – SF or Dx Replacement, Cash-in-Lieu GMQS – SF or Dx Replacement, Admin. GMQS – Change-in-Use for Historic Landmark GMQS – Minor Enlargement for Historic Landmark GMQS – Alley Store GMQS – Exemption from MF Housing Replacement Residential Design Compliance Review (after 1st free) Residential Design Variance, Admin. GMQS – Minor Enlargement, Non-Historic Free Free Free Free Free Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver of Planning Review fees. Free Services Free Free Free Free $325 $325 $325 Applicant meetings with a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Planning Review – Administrative, Flat Fees $81 $81 $81 $163 $325 $325 $325 $163 $325 $650 Fee waivers shall not exceed a combined value of $6,250 for a single project per organization over a twelve consecutive month period. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. 100% Waiver 50% Waiver Fee Waivers for Affordable Housing Projects Fee Waivers for Non-Profit Organizations Applications submitted for Land Use/Historic Preservation reviews by nonprofit organizations, (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning review fees waived based on the following schedule: Page 27 of 35 89 ORDINANCE NO. 17 Series of 2024 Review of Administrative Subdivisions, Condominium Plats, or Amendments (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Recordation Documents Review - Subdivision plats, Subdivision exemption plats (except condominiums), PD plans, development agreements, subdivision agreements, PD agreements, or amendments to recorded documents (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Administrative wireless telecommunication review Admin. Condominium or Special Review Admin. ESA or ESA Exemption Admin. Subdivision – Lot Line Adjustment Admin. PD Amendments Admin. Commercial Design Review Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Historic Preservation – Minor Development Historic Preservation – Major Development up to 1,000 sq. ft. Temporary Use, City Council Vested Rights Extension, City Council Appeals of Administrative or Board Decisions Historic Preservation – Major Development over 1,000 sq. ft. Historic Preservation – Demolitions and Off-Site Relocations Historic Preservation – Substantial Amendment Board of Adjustment Variance Timeshare -- P&Z Review Growth Management (includes AH certification), Conditional Use Special Review (includes ADU @ P&Z), Environmentally Sensitive Area Review, Residential Design Variance – P&Z Minor Subdivision – Lot Split, Historical Lot Split $975.00 (3-hour deposit) $1,300.00 (4-hour deposit) $325 Planning Review – Administrative, Hourly Fees If review process takes less time than the number of hours listed below, refunds will be made to applicants for unused hours purchased within initial deposits. $650.00 (2-hour deposit) $975.00 (3-hour deposit) $3,250.00 (10-hour deposit) Planning Review: One-Step Hourly Fee $1,300.00 (4-hour deposit) $1,950.00 (6-hour deposit) Referral Agency Fees: Administrative, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $650 $650 Page 28 of 35 90 ORDINANCE NO. 17 Series of 2024 PD Amendment – P&Z Only SPA Amendment, P&Z Only Commercial Design Review, Conceptual or Final Growth Management, Major P&Z or City Council Subdivision “Other” Review – City Council Only Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Major Subdivision Review Land Use Code Amendment Rezoning or Initial Zoning (Annexations) Additional Hours – If necessary (per hour) Engineering Review Fee Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Planned Development or PD Substantial Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Hourly fee for any additional plan review for which no other specific fee has been established $4,450 $325 Planning Review: One-Step Hourly Fee (continued) $1,300 $1,300 $325 See Engineering Land Use Review in Sec 2.12.100 Planning Review: Two-Step Hourly Fee $7,800.00 (24-hour deposit) $325 Referral Agency Fees: Two-Step Review, If Applicable Referral Agency Fees: One-Step Review, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $975 $975 Planning Review: Public Project Review or Joint Applicant Applications for the City's Public Project process shall be assessed land use review fees and/or a portion of joint planning costs as determined appropriate by City Council. If no such determination is made, the application shall be billed as a PD. Planning Review: Other $325 (Ord. No. 57-2000, §9; Ord. No. 47-2002, §8; Ord. No. 63-2003, §4; Ord. No. 38-2004, §7; Ord. No. 49-2005, §9; Ord. No. 48, 2006, §13; Ord. 52-2007; Ord. No.4 - 2011, §2; Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) See Engineering Land Use Review in Sec 2.12.100 $325 $1,625 $1,625 Planning Review: PD Hourly Fee $10,400.00 (32-hour deposit) $325 Referral Agency Fees: PD Reviews, If Applicable Page 29 of 35 91 ORDINANCE NO. 17 Series of 2024 Zoning Permit Fee of $500 or More Hourly Zoning Review Fee Expedited Zoning Review Fee – services subject to authorization by Community Development Director and subject to department workload, staffing and effects on other projects Change Order Fees: For changes not requiring a new measurement of floor area, height, net leasable, or net livable space Change Order Fees: For changes requiring a new measurement of floor area, height, net leasable, or net livable space Sec. 26.104.072. Zoning Review fees Zoning review fees shall apply to all development requiring a building permit and all development not requiring a building permit, but which requires review by the Community Development Department. The fee covers the Zoning Officer's review of a permit, including any correspondence with the case planner, Historic Preservation Officer, the Department’s Deputy Director or Director, or other City staff. A permit or a change order to a permit that requires a floor area, height, net leasable, or net livable measurement by the Zoning Officer shall be considered a Major permit. Official confirmation of existing conditions of a property that requires measurement of floor area, height, net leasable area, or net livable area of a structure, prior to demolition or for other purposes also shall be considered a Major permit. All other permits are considered minor permits. For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the gross square footage affected by the permit or the gross square footage that must be measured to review the permit. All change orders to a permit require additional fees. For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on the gross square footage of the use and added to determine the total project fee. Zoning review fees for major permits for properties within a Planned Development shall be 125% of the fee schedule. This Section of the code sets forth certain fees related to zoning as follows, applicable to applications submitted on or after January 1, 2025: That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth zoning review fees, is hereby amended to read as follows: Special Services – Zoning Review $325.00 Double applicable zoning review fee Minor Zoning Fee Zoning referral fees - for official zoning comments on a planning application - shall be according to the fees policy for planning review. Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of zoning review fees as deemed appropriate. Fees Due at Permit Submittal 50% of Zoning Permit Fee Major Zoning Fee Change orders for projects within a PD shall be assessed 125% of the fee schedule. Page 30 of 35 92 ORDINANCE NO. 17 Series of 2024 Business License Approval – Zoning (other fees may be required by City Finance) Vacation Rental Permit – Zoning (other fees may be required by City Finance) Special Review or Inspection Hourly Fee – Zoning (when no fee is otherwise established, 1 hour minimum) Certificate of Occupancy or Final Inspection Fee – Zoning Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Major Zoning Fee – requires measurement or confirmation of existing conditions Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325.00) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Demolition Zoning Review Fees Minor Zoning Fee – does not require measurement or confirmation of existing conditions $65.00 $163.00 Free $325.00 Included in Zoning Review Fee Applicant meetings with the Zoning Officer to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Zoning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Free Exterior Repair Zoning Review Fees Applies to residential, commercial, lodging, arts/cultural/civic, or institutional exterior repair work requiring a building permit or review by the Historic Preservation Officer. Based on wall area or roof area being repaired. (Excludes signs and awnings.) $33.00 $65.00 $163.00 $325.00 $244.00 $325.00 Major fee according to specified land use $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Residential Zoning Review Fees Applies to single-family, duplex, accessory dwelling units, carriage houses, multi-family, and residential units in a mixed-use building. $325.00 $650.00 $975.00 $1,300.00 Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order $33.00 Page 31 of 35 93 ORDINANCE NO. 17 Series of 2024 Major residential permits within a PD shall be 125% of the above fee schedule. Page 32 of 35 94 ORDINANCE NO. 17 Series of 2024 - Projects up to $5,000 in total valuation Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325.00) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 5,000 square feet (minimum $325.00) Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 1,000 square feet 1,001 to 5,000 square feet 5,001 to 10,000 square feet Over 10,000 square feet Up to 5,000 square feet (minimum $325.00) Over 5,000 square feet Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $325.00 $650.00 $975.00 $1,300.00 Major Arts/Cultural/Civic/Institutional permits within a PD shall be 125% of the above fee schedule. $0.51 / SF $0.62 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Lodging Zoning Review Fees $33.00 $325.00 $650.00 $33.00 Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Arts/Cultural/Civic/Institutional Zoning Review Fees Major lodging permits within a PD shall be 125% of the above fee schedule. $975.00 $1,300.00 $0.51 / SF $0.62 / SF Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Applies to commercial projects and commercial portions of a mixed-use project $1,300.00 $975.00 $650.00 $325.00 Major commercial permits within a PD shall be 125% of the above fee schedule. Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order - Projects Over $5,000 in total valuation: $33.00 Commercial Zoning Review Fees Page 33 of 35 95 ORDINANCE NO. 17 Series of 2024 Individual Sign Permit Fee (per sign) Multiple Sign Permit Fee (per business, unlimited signs) Sandwich Board Sign License (must be renewed annually) Outdoor Merchandising on Public Property 0 to 4 SF 4 to 50 SF More than 50 SF Awnings require a Building Permit Individual Banner Installation Fee Double Banner Installation Fee Light Pole Banner Installation Fee (per pole) Single Family and Duplex Residential All Other Uses Single Family and Duplex Residential All Other Uses First Infraction (minimum of $325) Second Infraction (minimum of $650) Third Infraction (minimum of $975) First Infraction (minimum of $500) Second Infraction (minimum of $500) Third Infraction (minimum of $500; subject to additional penalties by citation as assigned by the Municipal Judge) Two Times Zoning Review Fee Four Times Zoning Review Fee Enforcement Fees, Fines, and Penalties No certificate of occupancy or temporary certificate of occupancy shall be issued until all fees have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the Municipal Court Judge. Non-Permitted Work Fee Work done without a zoning approval (when one is required), without a building permit (when one is required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non-permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account for staff time. No other action on the project may occur until non-permitted work issue has been rectified to the satisfaction of the Community Development Director. Any correction requiring a building permit or zoning application shall also be subject to the Correction Order Fees described below. Hourly fee for staff time in excess of one hour Hourly fee for staff time in excess of one hour Eight Times Zoning Review Fee $67.00 $165.00 Fence– Zoning Review Fee $20.00 $65.00 $163.00 Combined Zoning and Building Review Fee Wildlife Resistant Trash and Recycling Enclosures – This fee shall apply to any work required to correct a zoning violation or to permit work that has been accomplished without a permit or not covered by an issued permit. Infractions are per project. For any correction requiring a planning review, the planning review fees shall be increased according to the below schedule. Hourly fee for staff time in excess of one hour Correction Order Fee $65.00 $163.00 Sandwich board locations must be approved by Zoning Officer. $65.00 $163.00 Free Outdoor merchandise location must be approved by the Zoning Officer. $163.00 $65.00 Free Refer to Building Permit Fee Schedule Signs/Awnings/Outdoor Merchandising – Zoning Review Fees Page 34 of 35 96 ORDINANCE NO. 17 Series of 2024 Torre, Mayor ATTEST: Nicole Henning, City Clerk Torre, Mayor ATTEST: Nicole Henning, City Clerk FINALLY adopted, passed and approved this 19th day of November 2024. A public hearing on the ordinance shall be held on the 19th day of November, 2024, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 12th day of November, 2024. Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may include an assessment for administrative time required by the Zoning Officer to address the violation. Municipal Court Enforcement - Zoning Page 35 of 35 97 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Early Season Regular Season Early Season Regular Season Early Season Regular Season Greens Fees / Passes Platinum $3,250 $3,250 $3,400 $3,400 4.62% 4.62% Gold $1,600 $1,600 $1,700 $1,700 6.25% 6.25% Silver $1,050 $1,050 $1,100 $1,100 4.76% 4.76% Punch Pass $850 $850 $900 $900 5.88% 5.88% Junior $235 $235 $250 $250 6.38% 6.38% Twilight $700 $700 $735 $735 5.00% 5.00% College Pass $500 $500 $525 $525 5.00% 5.00% N/A $43 N/A $45 N/A 4.65% Show ID)N/A $79 N/A $85 N/A 7.59% Military Rate (Must Show Proper ID)N/A $95 N/A $100 N/A 5.26% N/A $225 N/A $250 N/A 11.11% N/A $55 N/A $60 N/A 9.09% N/A $95 N/A $100 N/A 5.26% Tournament/Group Booking Rate (per person)N/A $325 N/A $350 N/A 7.69% Cart and Club Rentals N/A $26.25 N/A $26.50 N/A 0.95% N/A $24.25 N/A $24.50 N/A 1.03% N/A $21.25 N/A $21.50 N/A 1.18% N/A $19.25 N/A $19.50 N/A 1.30% Unlimited Golf Cart Pass N/A $800 N/A $450 N/A -43.75% N/A $20.25 N/A $20.50 N/A 1.23% N/A $18.25 N/A $18.50 N/A 1.37% N/A $15.25 N/A $16.00 N/A 4.92% N/A $13.25 N/A $13.50 N/A 1.89% N/A $75 N/A $80 N/A 6.67% N/A $55 N/A $60 N/A 9.09% Lockers and Range Locker for Season N/A $430.00 N/A $450 N/A 4.65% Range Large Bucket N/A $14.25 N/A $14.50 N/A 1.75% N/A $12.25 N/A $12.50 N/A 2.04% Range Small Bucket N/A $12.25 N/A $12.50 N/A 2.04% N/A $10.25 N/A $10.50 N/A 2.44% Unlimited Range Pass N/A $375 N/A $400 N/A 6.67% New Refund Service Fee N/A N/A N/A $100 N/A N/A Sec. 2.12.010. Aspen Municipal Golf Course 98 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Daily Admission rename Youth / Senior - Primary Resident (81611)N/A $12 50% $13 N/A 8.33% rename Youth / Senior - Guest N/A $27 75% $30 N/A 11.11% rename Adult - Primary Resident (81611)N/A $14 50% $15 N/A 7.14% rename Adult - Guest N/A $29 75% $32 N/A 10.34% delete Senior Resident N/A $12 delete delete delete delete delete Guest 10 Visit Card (All Inclusive)*$240 $260 delete delete delete delete Memberships rename Youth / Senior -1-month $68 $78 30% $85 N/A 8.97% rename Youth / Senior - 3-month $166 $177 30% $192 N/A 8.47% rename Youth / Senior - 6-month $322 $348 30% $376 N/A 8.05% rename Youth / Senior - 12-month $541 $582 30% $629 N/A 8.08% rename Youth / Senior - 20 Punch Pass $182 $213 30% $231 N/A 8.45% rename Adult - 1-month $123 $135 30% $146 N/A 8.15% rename Adult - 3-month $296 $314 30% $340 N/A 8.28% rename Adult - 6-month $416 $426 30% $460 N/A 7.98% rename Adult - 12-month $671 $749 30% $809 N/A 8.01% rename Adult - 20 Punch Pass $239 $257 30% $278 N/A 8.17% rename Family - 1-month $234 $258 30% $279 N/A 8.14% rename Family - 3-month $463 $500 30% $540 N/A 8.00% rename Family - 6-month $884 $895 30% $967 N/A 8.04% rename Family - 12-month $1,435 $1,466 30% $1,584 N/A 8.05% delete Each Additional $26 $28 delete delete delete delete delete 20 Visit Card delete 3 Month Pass delete Each Additional $43 $47 delete delete delete delete delete 6 Month Pass delete Each Additional $81 $87 delete delete delete delete delete Annual Pass delete Each Additional $150 $166 delete delete delete delete New Corporate Punch Passes New Non-Profit (100 Punches)N/A N/A 30% $1,300 N/A N/A New For Profit (100 Punches)N/A N/A 30% $3,000 N/A N/A New For Profit (500 Punches)N/A N/A 30% $9,512 N/A N/A delete Sec. 2.12.014 Recreation Department Fun Pass *All Inclusive - includes full facility usage of swimming pool, cardio and weight rooms, exercise & fitness classes, climbing tower, public ice skating, equipment rentals including towel, ice skates and locker. 99 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit rename rename ARC Meeting Room - per hour $30.00 $30.00 $33.00 $90.00 10.00% 200.00% delete ARC Birthday Room - Birthday (2 hours) $160.00 $160.00 delete delete delete delete New ARC Full Facility Rental - per day N/A N/A $15,000.00 $20,000.00 N/A N/A rename Tennis/Pickleball One Court Rental - per hour $33.00 $33.00 $36.00 $40.00 9.09% 21.21% rename ARC Pavilion Rental - per hour $35.00 $35.00 $33.00 $90.00 -5.71% 157.14% 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit delete Rent Entire Facility delete Aspen Ice Garden - per day N/A $5,824.00 delete delete delete delete rename Ice Facility Rental rename Ice - Facility Rental - per hour N/A $374.00 $298.00 $404.00 N/A 8.02% rename Ice - Facility Rental - per day N/A $5,824.00 $6,300.00 $8,000.00 N/A 37.36% delete Lewis Ice Arena - per hour N/A $374.00 delete delete delete delete delete Rent Non-Profit delete Aspen Ice Garden - per hour N/A $276.00 delete delete delete delete delete Lewis Ice Arena - per hour N/A $276.00 delete delete delete delete delete Other Ice Fees delete Skate sharping N/A $13.00 delete delete delete delete delete Pick-up Hockey / Pick-up Freestyle N/A $18.00 delete delete delete delete delete Pick-up Hockey, 10 Punch Pass $140.00 $150.00 delete delete delete delete delete Freestyle 20 Punch Pass $280.00 $300.00 delete delete delete delete delete Locker Rental 2024 2024 2025 2025 YOY Variance YOY Variance rename Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit Rentals rename Aquatic Facility Rental - per hour N/A $375.00 $298 $404 N/A 7.73% rename Aquatic Facility Rental - per lane per hour N/A $25.00 $16 $27 N/A 8.00% New Aquatic Facility Rental - per day N/A N/A $6,300 $8,000 N/A N/A delete Single Lane Rental - Non Profit - per hour N/A $15.00 delete delete N/A delete Sec. 2.12.030. James E. Moore Pool Sec. 2.12.015. Aspen Recreation Center Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Aspen Recreation Center (ARC) Facility Rental Fees 100 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Youth Ice Programming rename Youth Group Lessons - per session $44.00 $46.00 30% $50.00 N/A 8.70% Private Lessons - per 1/2 hour $62.00 $62.00 30% $67.00 N/A 8.06% New Multiple Session Pass N/A N/A 30% $900.00 N/A N/A Youth Swim Lessons rename Youth Group Lessons - per session $44.00 $46.00 20% $48.00 N/A 4.35% Private Lessons - per 1/2 hour $62.00 $62.00 20% $66.00 N/A 6.45% delete Kayak Roll Session without Membership N/A $17.00 delete delete delete delete delete Kayak Roll with Membership N/A $7.00 delete delete delete delete delete Water Polo Drop In without Membership N/A $17.00 delete delete delete delete delete Water Polo Drop In with Membership N/A $7.00 delete delete delete delete rename Youth Programming New Tier I: Drop In Fee N/A N/A 30% $25.00 N/A N/A New Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)N/A N/A 30% $76.00 N/A N/A New Tier III: In-house sports leagues/lessons (soccer, spring basketball)N/A N/A 30% $121.00 N/A N/A New Tier IV: Traveling leagues (baseball, winter basketball)N/A N/A 30% $184.00 N/A N/A New Youth classes (dance, karate, climbing)N/A N/A 30% $87.00 N/A N/A New Afterschool Camp - Daily Rate N/A N/A 5% $20.00 N/A N/A New Day Camp - Daily Rate $51.00 $51.00 5% $54.00 N/A 5.88% New Specialty Programs - per day N/A N/A 50% $141.00 N/A N/A New Specialty Programs - per week N/A N/A 50% $895.00 N/A N/A delete T-Ball $83.00 $83.00 delete delete delete delete delete Girls Softball $150.00 $150.00 delete delete delete delete delete $51.00 $51.00 delete delete delete delete delete Youth Biking $70.00 $70.00 delete delete delete delete delete Specialty Camps - per week $350.00 $350.00 delete delete delete delete delete Youth Intramurals delete Soccer - per 5 week season $112.00 $112.00 delete delete delete delete delete $70.00 $70.00 delete delete delete delete delete Basketball - per 12 week season $170.00 $170.00 delete delete delete delete delete $70.00 $70.00 delete delete delete delete delete Flag Football - per 5 week season $112.00 $112.00 delete delete delete delete delete Climbing Wall delete Youth Beginner Rock Rats - per month $80.00 $80.00 delete delete delete delete delete Youth Boulder Rats - per month $104.00 $104.00 delete delete delete delete delete Youth Intermediate / Advanced Climbing - per month$105.00 $105.00 delete delete delete delete delete Junior Rats - (Ages 5-7) - per month $70.00 $70.00 delete delete delete delete delete Junior AROCK - per day (Ages 5-7)$70.00 $70.00 delete delete delete delete delete Youth AROCK - per day (Ages 8-18)$130.00 $130.00 delete delete delete delete delete Gymnasium Rental - 1 Hour $80.00 $80.00 delete delete delete delete Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees 101 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee rename Adult Programming - Individual rename Tier I: Drop In Fee N/A $10.00 75% $25.00 N/A 150.00% rename Tier II: Personal Instruction $115.00 $115.00 75% $200.00 N/A 73.91% rename Tier III: Multiple Session Pass N/A N/A 75% $900.00 N/A N/A rename Adult classes (CPR, Lifeguard Training)$285.00 $315.00 30% $334.00 N/A 6.03% rename Adult Sports - Team New Tier I: Individual Registrant Fee N/A N/A 75% $384.00 N/A N/A New Tier II: Full Team Registration Fee N/A N/A 75% $1,167.00 N/A N/A delete $858.00 $858.00 delete delete delete delete delete Adult Soccer - per team $572.00 $572.00 delete delete delete delete delete $1,144.00 $1,144.00 delete delete delete delete delete $967.00 $967.00 delete delete delete delete delete Adult Flag Football - per team $572.00 $572.00 delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete Tennis (These fees are a guidance to set yearly fee agreements with the tennis operator) delete $48.00 $48.00 delete delete delete delete delete $325.00 $325.00 delete delete delete delete delete Tennis Lessons - Private - per hour $130.00 $130.00 delete delete delete delete delete Tennis One Month Membership - Individual $90.00 $90.00 delete delete delete delete delete Tennis One Month Membership - Couple $115.00 $115.00 delete delete delete delete delete Tennis One Month Membership - Family $150.00 $150.00 delete delete delete delete Other Fees Ball Machine Rental - per hour $22.00 $22.00 75% $33.00 N/A 50.00% delete Red Brick Facility Rental - Birthday (2 hours) N/A $160.00 delete delete delete delete rename Birthday Party Bounce House - per hour $10.00 $10.00 75% $75.00 N/A 650.00% delete Pickleball Drop In Fee $11.00 $11.00 delete delete delete delete delete Pickleball Clinic $165.00 $165.00 delete delete delete delete delete Pickleball Summer/Winter Pass $180.00 $180.00 delete delete delete delete delete $14.00 $14.00 delete delete delete delete rename Locker Rental: 6-month & annual N/A $80.00 75% $120.00 N/A 50.00% delete $356.00 $356.00 delete delete delete delete delete $1,080.00 $1,080.00 delete delete delete delete rename Services: (skate sharping, towel / skate rental, etc.)$4.00 $4.00 75% $20.00 N/A 400.00% rename Merchandise (swimsuits, tape, goggles, etc.)$4.00 $4.00 75% $50.00 N/A 1150.00% rename Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit rename Red Brick Gym Facility Rental - per hour N/A N/A $55.00 $90.00 N/A N/A 102 Fee Ordinance Changes Summary Program Fees Adult Class - up to 2 hrs* Adult Class - 2 hrs to 4 hrs* Adult Class - full day rate* Youth Art Class - up to 2 hrs* Youth Art Class - 2 hrs to 4 hrs* Youth Art Class - full day rate* Private Adult Art Class - for an individual, up to 2 hours Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours Private Adult Art Class - for a group over 5 people, up to 2 hours, per person Private Youth Art Class - for a group up to 8 children, up to 2 hours Private Youth Art Class - for a group of 9 children or more, up to 2 hours Facility Fees Tenant Rent (per sq. foot) Parking Permit Room Rental (per hour) Sec. 2.12.050. Aspen Police Department fees Law Enforcement Records Case Reports Communications Logging / Hour Per Audio CD Body Worn Camera (BWC) Video Per Case Aspen Police Department Alarm User Permit First False Alarm / Year Second False Alarm / Year Third and Fourth False Alarm / Year All Bank Alarms Late Fees Certified VIN Inspection Off-Duty Security/Officer/Hour Notary Fees 2024 2025 YOY Variance $114 $95 $10 100.00%$5 $100 5.26% $97 $100 3.09% $192 $198 3.13% $350 $83 $86 3.61% $117 2.41% $124 $116 0.86% 2.90% $415 $427 3.00% $41 $42 2.44% $83 $85 $128 3.23% $310 $320 2024 2025 YOY Variance $371 6.00% $310 $319 $59 $61 3.39% YOY Variance Sec. 2.12.043. Red Brick Center for the Arts Fees 2024 2025 $2.18 2.83% $28 $29 3.57% $2.12 $35 $35 $25 $27 $7 $10 42.86% 8.00% 0.00% $25 $27 11.73% 8.00% $358 $400 5.26% $30 $35 16.67% $380 $400 $12 $15 25.00% $150 31.58% $118 $150 27.12% $237 $250 5.49% 3.23% $415 $428 3.13% 103 104 Fee Ordinance Changes Summary Sec. 2.12.100. Building and Planning Reword Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF Erosion Fees Erosion and Sediment Fee (PSF) New Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases Sec. 2.12.150. Community Broadband 2024 2024 2025 2025 YOY Variance YOY Variance Monthly Recurring Charge Non- Recurring Charge Monthly Recurring Charge Non- Recurring Charge Monthly Recurring Charge Non- Recurring Charge High-Speed Dedicated Internet Access (DIA)* 100 Mpbs/100 Mpbs Upload/Download $350 $250 $368 $250 5.14% 0.00% 200 Mpbs/200 Mpbs Upload/Download $500 $250 $525 $250 5.00% 0.00% 500 Mpbs/500 Mpbs Upload/Download $750 $250 $788 $250 5.07% 0.00% 1 Gbps/1 Gbps Upload/Download $1,500 $250 $1,575 $250 5.00% 0.00% $15,000 $16,050 7.00% $5,000 $5,350 7.00% $1,250.00 $1,337.50 7.00% $2,000 $2,140 7.00% $1,500 $1,605 7.00% $0.40 $0.43 7.00% $0.30 $0.32 7.00% $700.00 $749.00 $0.50 $0.54 7.00% $0.20 $0.21 7.00% $0.45 $0.48 6.67% $600.00 $642.00 7.00% Engineering Development Fees 6.87% $300.00 $321.00 7.00% $300.00 $321.00 7.00% Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS $1,350.00 $1,444.50 7.00% 2025 YOY Variance 7.00% 2024 $1.60 $1.71 Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees: 105 MEMORANDUM TO:Mayor and City Council FROM:Cole Langford, Utilities Business Manager Justin Forman, Utilities Director THROUGH:Tyler Christoff, Public Works Director Pete Strecker, Finance Director MEMO DATE:November 11, 2024 MEETING DATE:November 19, 2024 RE:Ordinance #20, Series of 2024 – Changes to Title 25 Pubic Hearing _____ REQUEST OF COUNCIL: Staff requests an approval of Ordinance #20, Series 2024, representing updates to Title 25—Utilities—of the City of Aspen Municipal Code as presented during the October 21, 2024, Council work sessions on 2025 Electric and Water budgets, rates, and fees. This memorandum was also presented at the November 12, 2024 council meeting for First Reading. All proposed amendments and additions to Title 25 of the Aspen Municipal Code have been highlighted in yellow, as shown in Exhibit A. PREVIOUS COUNCIL ACTION: During the October 21, 2024, Utilities Budget work session, Utilities staff presented the 2025 Electric’s and Water’s financial plan. The presented rate and fee adjustments represent an incremental approach to utility operational increases, as well as the cost of sustainable ownership within both utilities. These proposed revenue adjustments play an important role in ensuring both utilities meet their commitment of providing dependable service while navigating the changing utility policies, regulations, and demand patterns within the water and electric industry. Adjustments support City Council policies and goals for the equitable access and allocation of finite resources for all customers. During the 2024 budget year, Utilities has continued to promote responsible resource stewardship and efficiency through various utility and community programs. Both Water and Electric funds continued their commitment of reinvesting in infrastructure replacement. Although not an exhaustive list of all the projects completed during the 2024 budget year, the Water department replaced nearly two blocks of mainline in conjunction with the Hallam & Garmisch stormwater replacement, installed another backup generator 106 2 for pump station resiliency, and received approval for final design for the water treatment plant backbone operational improvements. The Electric department continued year three of fifteen of cable and conduit replacement and completed major renovations and equipment upgrades to the Puppy Smith switch station. This work was accomplished while maintaining reliable water and electric service at nationally competitive rates. SUMMARY AND BACKGROUND: 2025 Electric and Water Title 25 proposed changes address ongoing infrastructure needs, reflect evolving customer expectations, respond to inflationary pressures, and recognize new State compliance standards. Staff believe these proposed updates meet the functional needs of the Utilities department while creating responsive service options for our customers. In a recent analysis of the Water utility’s 10-year Capital Asset Management Plan, it was calculated that the annual capital cost of sustainable ownership for the Water utility is at $7.3 million with a backlog of $90 million in pipe replacement projects. The Electric utility annual capital cost of sustainable ownership for a 10-year period is at $2.5 million with a $40 million backlog in cable replacement projects. Without continued capital investment and proactive management, water and electric utility services would deteriorate to a point where staff and infrastructure could not adequately meet customer needs. Staff reviews the capital asset management plan annually to determine which projects are of highest priority to the respective utility. Regular rate and fee studies are industry standard as they ensure a utility can continue a sustainable and resilient level of service to all customers, invest in infrastructure improvements, and respond to factors such as emerging utility policy, program and infrastructure needs, customer growth, technology use, industry dynamics, and demand pattern changes. DISCUSSION:Utilities is proposing updates to Aspen Municipal Code Title 25 -- Utilities. Included in these updates are a recommended 5 percent revenue increase for the Water utility and a 5.25 percent revenue increase to the Electric utility. Below are some of the major changes staff is proposing. ELECTRIC FUND Applying proposed rate adjustments results in changes to the average utility customer’s monthly bills. Tables below reflect theoretical average monthly cost impacts to the various customer classes including average residential; small commercial; large commercial; and affordable housing all-electric residential. The intent of these tables (below) is to demonstrate a stochastic monthly change various customer classes may experience in this proposal. The electric bill scenarios reflect average peak monthly winter use. 107 3 2024 Proposed Electric Rate Adjustments Table 1 – Typical Electric Residential Service Table 2 – Typical Electric Small Commercial Service Table 3 – Typical Electric Large Commercial Service Table 4 - Typical Electric Affordable Housing Residential Electric Service RESIDENTIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $202.36 $212.88 Availability Charges $46.02 $46.02 Average Residential - Aspen $248.38 $258.90 200 AMP Service / 1500 kWh $10.52Monthly Adjustment SMALL COMMERCIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $228.94 $244.63 Availability Charges $60.39 $61.60 Average Small Commercial - Aspen $289.33 $306.23 200 AMP Service / 2,000 kWh $16.90Monthly Adjustment LARGE COMMERCIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $3,547.18 $3,899.24 Demand kW Charges $1,021.50 $1,052.10 Availability Charges $122.59 $128.12 Average Large Commercial $4,691.27 $5,079.46 400 AMP Service / 45,000 kWh / 45 kW $388.19Monthly Adjustment AFFORDABLE HOUSING ALL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $96.20 $101.20 Availability Charges $46.02 $46.02 Current Affordable Housing All Electric Rate - Multi Unit $142.22 $147.22 200 AMP Service / 1,000 kWh $5.00Monthly Adjustment 108 4 Electric Community Investment Fee The City tracks overall community electric demand using a system that accounts for all amperage connected to Aspen’s electric system. Each City electric account has an individual amperage rating based on electric appliances, lighting, climate control, and other factors indicative of electrical demand. The Electric Community Investment (ECI) fee is charged to any customer requesting services for new development and/or expansion of existing services within the Aspen electric service area and is measured at each individual electric meter’s breaker. The ECI fee provides capital to the Electric Utility to fund the incremental portion of infrastructure needed to deliver electric services to new or expanded services. The proposed structure ensures ECI fees are applied proportionally with customers requiring a greater share of infrastructure and resources being assessed a higher ECI fee. Customers with an existing electric service receive full historic credit at today’s value for electric meters in place prior to 2017, as well as financial credit for any ECI fees paid for subject electric service in previous years. 2025 Title 25 proposed changes include a 15 percent increase for 100 Amp to 400 Amp services and a 20 percent increase for 600 Amp services and above. 2025-2029 PSCo/XCEL Electric Transmission Cost Supplemental Costs for electric transmission in our region is generally recovered through a structure known as the network transmission model. The City of Aspen utilizes the Public Service Company’s (PSCo’s) network to move a portion of Aspen’s energy. Participants pay rates based on their proportional share of capital and operating costs associated with the network. Regardless of the distance or physical infrastructure utilized on PSCo’s lines, the City pays a fixed amount multiplied by the peak hour kilowatt (kW) of electrical power delivered. PSCo typically updates their network transmission service rates annually, which has historically averaged a single-digit percentage increase. PSCo. is currently working on a project, the Colorado Power Pathway, which is estimated to cost $1.7 to $2 billion to enable future energy development in eastern Colorado. Due to the City’s participation in the PSCo’s network, there will be a direct pass-through cost to Aspen’s Electric utility even though the City will not directly utilize this new network infrastructure. Staff is actively working with the Municipal Energy Agency of Nebraska (MEAN), the City’s wholesale electric provider, to continue providing the yearly increase in transmission costs. Staff currently estimates increases between 15 to 25 percent for this Power Pathway’s project annually for the next five years, in addition to its regular service rate increases. The City of Aspen, Glenwood Springs, and Center, Colorado are working to challenge the fairness of this rate increase for utilities that receive no direct benefit from the project. 109 5 WATER FUND Applying proposed financial recommendations to our rates results in changes to the average utility customer’s monthly bills. The tables below reflect theoretical average monthly cost impacts to the various customer classes including average residential (downtown); residential (pumped); and commercial. The intent of these tables (below) is to demonstrate the notional monthly change various customer classes may experience in this proposal. The water bill scenarios reflect average peak monthly summer use. 2024 Proposed Water Rate Adjustments Table A – Typical Water Residential Service Table B – Typical Water Residential (Pumped) Service – Outside City Limits Table C – Typical Water Commercial Service RESIDENTIAL WATER - DOWNTOWN 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$37.80 $39.70 Water Demand $19.11 $20.06 Fire Charge $13.91 $14.61 Average Residential -- Downtown $70.82 $74.37 2.81 ECUs & 0 Pumps / 10,000 gallons $3.55Monthly Adjustment RESIDENTIAL WATER - RED MOUNTAIN 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$246.28 $258.58 Water Demand $54.40 $57.12 Fire Charge $39.60 $41.60 Pump Charge $168.00 $176.50 Average Residential -- Red Mtn.$508.28 $533.80 4.0 ECUs & 1 Pumps / 50,000 gallons $25.52Monthly Adjustment 110 6 Water Service Line Requirements The Water department will presented Ordinance #19, Series 2024, to Council on October 22, 2024 for approval, which proposes updates to water service line requirements within Title 25 to align with the Federal and State Lead and Copper Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI). The public hearing for Ordinance #19 is on November 12, 2024. On December 16, 2021, the Environmental Protection Agency (EPA) finalized the LCRR, which further strengthens protections against lead in drinking water and which include a number of new requirements for public water systems, including a system-wide service line inventory and a service line replacement plan. All public water systems must comply with the new LCRR starting October 16, 2024, which includes Aspen’s municipal water system. State and Federal rules require public water systems to develop a replacement plan for any service lines determined to be “lead” or “galvanized requiring replacement”. The water services in the city’s system are in a strong position compared to other public water systems of similar size and age because of the pace of development and so only a small portion of services fall into a category requiring replacement. Water Utility Investment Charge (Tap Fees) The City tracks overall water demand using a method that accounts for all fixtures connected to Aspen’s water distribution system. Each City water account has an individual equivalent capacity unit (ECU) rating based on water fixtures, irrigated area, and other factors indicative of water demand. The water tap fee is charged to any customer requesting services for new development or expansion of existing services within the service area. Payment for ECUs or tap fees represents a customer’s incremental ownership of Aspen’s water system and infrastructure and its associated capacity. Raftelis Financial Consultants were contracted in 2024 to evaluate our existing Utility Investment Charge recommendation based on current Aspen Water utility fixed asset replacement costs. COMMERCIAL WATER 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$197.56 $207.46 Water Demand $71.40 $74.97 Fire Charge $51.98 $54.60 Average Commercial $320.94 $337.03 10.5 ECUS & 0 Pumps / 50,000 gallons $16.09Monthly Adjustment 111 7 2025 Title 25 Proposed changes include an 11 percent increase for Water Utility Investment Charges (Tap Fees). FINANCIAL IMPACTS: Both the Water and Electric departments are enterprise funds supported solely by our customer base. The proposed rates outlined in Title 25 of the Aspen Municipal Code support the Utilities revenue streams and the costs of utilities operations, long-range planning, resource development, and sustainability programming. The financial implications of the proposed electric and water rate adjustments, as well as the fee adjustments, are outlined in the Water and Electric Long-Range Plans and will be part of the 2025 Budget Book at the November first and second readings of Title 25— Utilities—proposed ordinance changes. ENVIRONMENTAL IMPACTS: The electric and water rate structures continue to place a value on, as well as support and incentive for, conservation and efficiency practices, programs, and policies. ALTERNATIVES:Council may request portions of the recommended ordinance changes, including rate and fee adjustments, be modified. RECOMMENDATIONS: Staff advises Council move to adopt Ordinance #20, Series 2024, which will become effective January 1, 2025. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Ordinance #20, Series of 2024 112 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 1 of 35 Exhibit A – ORDINANCE NO. 20 Series 2024 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 maintaining and improving the City’s infrastructure to create more efficient and resilient systems for the community that relies on these important 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: 113 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 2 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 needed to deliver electric services to new or expanded services. Effective January 1, 2025, 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 $2,282 $4,563 $6,087 $6,844 $15,795 200 $4,565 $9,127 $12,173 $13,689 $26,325 300 $9,130 $14,832 $18,260 $20,533 $47,385 400 $12,173 $19,776 $24,347 $27,378 $63,180 600 $21,649 $35,168 $43,298 $48,688 $112,357 800 $28,865 $46,891 $57,730 $64,918 $149,810 1000 $36,081 $58,614 $72,163 $81,147 $187,262 1200 $43,298 $70,337 $86,595 $97,376 $224,715 1400 $50,514 $82,060 $101,028 $113,606 $262,167 1600 $57,730 $93,783 $115,460 $129,835 $299,619 1800 $64,946 $105,505 $129,893 $146,064 $337,072 2000 $72,163 $117,228 $144,325 $162,294 $374,524 2200 $79,379 $128,951 $158,758 $178,523 $411,977 2400 $86,595 $140,674 $173,190 $194,753 $449,429 2600 $90,492 $147,004 $180,984 $203,516 $469,653 2800 $94,564 $153,619 $189,128 $212,675 $490,788 3000 and above $98,819 $160,532 $197,639 $222,245 $512,873 (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; Ord. No. 15-2023, § 1, 11-28-2023) 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. 114 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 3 of 35 (c)Electric Development Review Fees. Effective January 1, 2025, 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 $500.00 $700.00 10—24.99 kW $1,000.00 $1,500.00 25 kW and up $2,000.00 $4,000.00 (Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.04.038. Electric utility application fee. Effective January 1, 2025, an application fee of one-hundred dollars ($100) shall be assessed upon submission of any Electric Utility Permit application. Sec. 25.04.040. Electric service rates. (a)The rates applicable to EV Charging services will be subject to service rates for a Large Commercial Customer if the electric meter connected to the EV Charger has a measured kW use of 40 kW for any twelve (12) consecutive months. If the electric meter connected to the EV Charger has a measured use of less than 40 kW for the prior twelve (12) consecutive months, 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. (b)Effective in the January 2025 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 $31.97 $30.14 200 AMP $46.02 $32.21 $61.60 $55.73 300 AMP $106.29 $74.40 $100.79 $88.87 400 AMP $154.93 $108.45 $146.59 $128.12 600 AMP $273.31 $191.32 $258.09 $225.49 800 AMP $412.01 $288.41 $388.71 $341.04 1000 AMP $573.91 $401.74 $541.19 $473.81 1200 AMP $749.26 $524.48 $706.33 $622.49 1400 AMP $951.57 $666.10 $896.86 $789.64 1600 AMP $1,153.87 $807.71 $1,087.39 $956.80 1800 AMP $1,373.64 $961.55 $1,294.37 $1,147.31 2000 AMP $1,618.75 $1,133.13 $1,525.20 $1,351.22 2200 AMP $1,893.93 $1,325.75 $1,784.49 $1,580.93 2400 AMP $2,215.90 $1,551.13 $2,087.85 $1,849.68 2600 AMP $2,592.61 $1,814.83 $2,442.79 $2,164.13 2800 AMP $3,033.35 $2,123.35 $2,858.06 $2,532.03 3000 AMP and above $3,549.02 $2,484.31 $3,343.93 $2,962.48 115 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 4 of 35 (b)In addition to the monthly customer availability charge, and effective in the January 2025 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 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 400 $0.1012 1,080 $0.1517 1,920 $0.2345 1,920 $0.4144 200 AMP 520 $0.1012 1,360 $0.1517 2,800 $0.2345 2,800 $0.4144 300 AMP 1,600 $0.1012 3,600 $0.1517 6,160 $0.2345 6,160 $0.4144 400 AMP 1,600 $0.1012 3,600 $0.1517 6,160 $0.2345 6,160 $0.4144 600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1000 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1200 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1400 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2000 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2200 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2400 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 3000 AMP and above 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 116 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 5 of 35 (c)Effective January 1, 2022, all electric accounts that service five (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. 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)In addition to the monthly customer availability charge, and effective in the January 2025 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 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 880 $0.1122 2320 $0.1403 4800 $0.2105 4800 $0.3368 200 AMP 1280 $0.1122 3120 $0.1403 5760 $0.2105 5760 $0.3368 300 AMP 3360 $0.1122 7120 $0.1403 12240 $0.2105 12240 $0.3368 400 AMP 3360 $0.1122 7120 $0.1403 12240 $0.2105 12240 $0.3368 600 AMP 6560 $0.1122 13200 $0.1403 18400 $0.2105 18400 $0.3368 800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1000 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1200 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1400 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1600 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2000 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2200 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2400 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2600 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 117 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 6 of 35 2800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 3000 AMP and above 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 (e)In addition to the monthly customer availability charge, and effective in the January 2025 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 twelve (12) out of twelve (12) months in both of the last two (2) years. AMP Size Usage Up To Per KWh Remaining Usage Over Per KWh Demand Charge on Customer Peak kW 100 AMP 23200 $0.0773 23200 $0.0966 $23.38 200 AMP 23200 $0.0773 23200 $0.0966 $23.38 300 AMP 23200 $0.0773 23200 $0.0966 $23.38 400 AMP 23200 $0.0773 23200 $0.0966 $23.38 600 AMP 23200 $0.0773 23200 $0.0966 $23.38 800 AMP 23200 $0.0773 23200 $0.0966 $23.38 1000 AMP 23200 $0.0773 23200 $0.0966 $23.38 1200 AMP 23200 $0.0773 23200 $0.0966 $23.38 1400 AMP 23200 $0.0773 23200 $0.0966 $23.38 1600 AMP 23200 $0.0773 23200 $0.0966 $23.38 1800 AMP 23200 $0.0773 23200 $0.0966 $23.38 2000 AMP 23200 $0.0773 23200 $0.0966 $23.38 2200 AMP 23200 $0.0773 23200 $0.0966 $23.38 2400 AMP 23200 $0.0773 23200 $0.0966 $23.38 2600 AMP 23200 $0.0773 23200 $0.0966 $23.38 2800 AMP 23200 $0.0773 23200 $0.0966 $23.38 3000 AMP and above 23200 $0.0773 23200 $0.0966 $23.38 (f)In addition to the monthly customer availability charge, and effective in the January 2025 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: 118 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 7 of 35 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 520 0.1012 1404 0.1517 2450 0.2345 2,451 0.4144 200 AMP 1050 0.1012 2750 0.1517 3900 0.2345 3,901 0.4144 (g)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, an alternative customer rate shall be available for new, all-electric residential properties. This rate shall be 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: 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 460 $0.1012 1,242 $0.1517 2,208 $0.2345 2,208 $0.4144 200 AMP 598 $0.1012 1,564 $0.1517 3,220 $0.2345 3,220 $0.4144 300 AMP 1,840 $0.1012 4,140 $0.1517 7,084 $0.2345 7,084 $0.4144 400 AMP 1,840 $0.1012 4,140 $0.1517 7,084 $0.2345 7,084 $0.4144 600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1000 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1200 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1400 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2000 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2200 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2400 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 119 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 8 of 35 2600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 3000 AMP and above 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 (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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11- 28-2023) Sec. 25.04.045. Late payment charge. (a) Payments for electric service, transformers and other associated electric fees and charges shall be due on the 25th of the following month 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). (b) Utility customers shall notify the Utility Department of any change in mailing and contact information associated with their account within thirty (30) days of the change. Failure to provide the Utility Department with accurate contact information shall not exempt the customer from compliance with this Title or any City Utility rules and regulations, or fees and penalties accessed by the Utility, including late fees. (Ord. 36-1996, §§ 2, 3; Ord. No. 45-1999, § 16 (part); Ord. No. 30-2012 § 29, Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.04.110. Deposit for electric service. (a)When a tenant applies for electric service at a new location, the applicant shall be required to place a cash deposit in the following manner: Residential service: two hundred dollars ($200.00). Commercial service: (1)An amount equal to the service bills for the subject property for the three (3) highest months of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2)If there is no similar prior space or use on which to compute the amount provided in Subsection (a)(1) above, then an amount to be determined by the Utilities Director within his or her sole discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b)Subject to the approval of the Utilities Director based on previous credit history with the City of Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of their tenant's 120 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 9 of 35 deposit requirement. To request approval of the Utilities Director, the owner must complete an application which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to Section 25.04.090 above. (1)Deposits shall be held by the Director of Finance until service is discontinued and final service bills paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final bill is issued. Effective January 1, 2013 no deposit will accrue interest. (Code 1971, § 23-25; Ord. No. 28-1982, § 1; Ord. No. 68-1994, § 14; Ord. No. 57-2000, § 7; Ord. No. 30-2012 § 37; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020) Sec. 25.04.120. Electric service and disconnect charges. A service charge of forty dollars ($40.00) is hereby established for each new account that is setup for electric service. If a disconnection is made in accordance with Section 25.04.080 above because of nonpayment of electric service charges, the disconnect charge of one hundred fifty dollars ($150.00) shall be due prior to reconnection of electric service. (Code 1971, § 23-26; Ord. No. 53-1992, § 2; Ord. No. 45-1999, § 15; Ord. No 37-2014 § 2; 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 121 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) 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 on grade 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 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. 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. 39-1993, § 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; Ord. No. 15-2023, § 1, 11-28-2023) 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 0.24 122 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 11 of 35 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 facilities, but with dormitory style bathrooms in hallways 0.45 Each bedroom with no bath, but with modest cooking facilities and dormitory style bathrooms in hallways 0.60 Each bedroom with full bath but no cooking facilities 0.55 Each bedroom with full bath and wet bar (microwave and under the counter icebox) 0.65 Each bedroom with full bath and modest cooking facilities 0.70 (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)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: 0.02 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. 123 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 12 of 35 (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 ⅛" of supply line diameter) 0.10 Dishwasher drawer (single) 0.05 Steamer oven 0.05 Household clothes washer 0.10 Commercial clothes washer (per ⅛" of supply line diameter) 0.10 Commercial icemaker (per ⅛" 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 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 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 1st Hose bib 0.20 2nd Hose bib 0.10 Additional Hose bib(s) 0.05 Overhead Spray Irrigation 0.01/100 sq. ft. 124 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 13 of 35 Bubbler Irrigation 0.005/100 sq. ft. Drip Emitter Irrigation 0.001/100 sq. ft. Recirculating Water Feature (Pre-existing Only) 0.10 (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 ¾" 1.0 1" 2.0 1¼" 3.0 1½" 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. (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, § 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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) 125 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 14 of 35 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 eight thousand two dollars and eighty cents ($8002.80)/ECU commencing January 1, 2025. (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 water 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. (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. 126 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 15 of 35 (Code 1971, § 23-56; Ord. No. 27-1985, § 1; Ord. No. 8-1988, § 1; Ord. 39-1993, § 4; Ord. No. 16-1994, §§ 1, 2; Ord. No. 30-2012 § 6; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11- 28-2023) Sec. 25.12.025. Water 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 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 water development review fee shall be as set forth in Subsection (e) of the Section. (e)[Water Development Fees.] Water Development Review Fees 2025 Rate Projects with Up To 200 Sq. Ft. of Affected Area $475.00 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 with more than 15,000 Sq. Ft. of Affected Area $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 Project Type Applicability and Calculation New Construction (including "scrape and replace") or 50% or greater interior alteration. Fee calculated according to affected area. Affected area is calculated as square footage of the building footprint, plus the total square footage of exterior disturbance. Calculation instructions are set forth in Section (f), below. Interior or exterior work that requires a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 Fee calculated according to utility affected area. Utility affected area is the total square footage of all rooms/work areas in which water fixtures or components of ECU table are affected, plus the total square footage of any water related exterior disturbance. Calculation instructions are set forth in Section (g), below. Interior or exterior work that does not require a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 No Review or Fee Required. 127 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 16 of 35 (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. (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: 128 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 17 of 35 (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. (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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) 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). 129 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 18 of 35 (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, 2025: Billing Area 2025 Charges per ECU Billing Area 1 $13,020 Billing Area 2 $26,041 Billing Area 3 $26,041 Billing Area 4 $16,275 Billing Area 5 $22,786 Billing Area 6 $26,041 Billing Area 7 $19,530 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 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, 2025, Well System Development fees that be calculated at a rate of one thousand nine hundred ninety-two dollars and sixty cents ($1,992.60)/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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 15-2023, § 1, 11-28-2023) 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, 2025, the utility hookup charge shall be as follows: Line Size 2025 Charges 3/4" $2,200.00 130 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 19 of 35 1" $2,700.00 1.5" $3,200.00 2" $5,500.00 4" $7,500.00 6" $9,500.00 8" $11,500.00 (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, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021) Sec. 25.12.090. Requirements for service pipes; location of curb stops. (a)All water service lines shall be laid at least seven (7) feet below the existing grade of the street or ground. (b)No service line shall be covered prior to inspection and approval by the Water Department. (c)All service lines shall have a copper thaw wire of not less than number four (4) gauge installed between the corporation stop and the point of entry to the building in such manner so as to provide an electrical circuit through the service line. (d)No connection inserted in or connected with the service line shall have an inside diameter of less than three- quarters (¾) of an inch and every tap shall be made of brass. The service line shall be of heavy serviceable copper; provided that a substitute material may be permitted by the Water Department, in its sole discretion, on written request. The service line shall extend from the main to the outside line of the sidewalk at which point shall be placed a curb stop with cover and in case the point of delivery is such that there is no sidewalk or if it be in an alley, then the curb stop shall be placed just outside the lot line or at such point as the Water Department shall direct, so that the same shall be accessible to the Water Department for the purpose of turning on or shutting off water without entering on private premises. (e)Water service line bypass piping around existing or future water meters shall be accepted on a limited case- by-case basis and can only be implemented if a water customer has received prior written approval from the Aspen Water department utility. Bypass piping materials and configuration, if pre-approved, shall be installed in accordance with the latest edition of the City of Aspen Water Department Distribution Standards. (f)All inactive city water accounts with pretaps must abandon their pretapped water service line and retap a new water service line prior to activation and acceptance of property's Aspen water service. Exceptions may be granted in cases where the account owner can prove, to the satisfaction of the Water Distribution Superintendent, that the pretap meets the minimum requirements of the latest edition of the City of Aspen Water Distribution Standards. 131 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 20 of 35 (Code 1971, § 23-64; Ord. No. 27-1985, § 1; Ord. No. 30-2012 § 12; Ord. No. 28-2018; 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 2025 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 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 monthly billing, all metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.97 10,000 $5.09 14,000 $7.29 14,000 $16.41 (c)Effective in the January 2025 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 $3.53 2 $7.06 3 $10.59 (d)Effective in the January 2025 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 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 132 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 21 of 35 (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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023) Sec. 25.16.011. Bulk rates for metered water service. (a)Effective in the January 2025 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 $6.15 Over 2,940,000 gallons $14.43 (b)Effective January 1, 2025, the demand charge per fill up for fill station water sales pursuant to Subsection 25.08.020(e) shall be thirty-six dollars and seventy-five cents ($36.75) per day. (c)Effective January 1, 2025, the variable charge for fill station bulk water sales pursuant to Subsection 25.08.020(e) shall be twenty-one dollars and fifty-five cents ($21.55) 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-three dollars and ten cents ($23.10) per one thousand (1,000) gallons in areas that are gravity feed, thirty-three dollars ($33.00) per one thousand (1,000) gallons in water service areas that are in a one-pump zone; and, thirty-eight dollars and fifty cents ($38.50) 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; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023) 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, 2025, the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2025 Rate Per 1,000 Sq. Ft. $51.91 (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. 133 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 22 of 35 (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; Ord. No. 15-2023, § 1, 11-28-2023) 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, 2025, 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 2025 Rate Per 1,000 Gallons $6.01 (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, 2025, 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 through October 2025 Rate Seasonal Rate Per 1,000 Sq. Ft. $211.95 Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month Irrigation Season $35.32 (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) for each additional offense. 134 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 23 of 35 (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, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.014. Monthly rates for temporary construction water service. All temporary construction water accounts shall pay monthly the sum of charges (a) and (b). (a)Effective in the January 2025 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 $8.93 2 2.00 $17.85 3 2.00 $17.85 4 1.25 $11.16 5 1.75 $15.62 6 2.00 $17.85 7 1.50 $13.39 (b)Effective in the January 2025 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 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (c)Construction accounts shall pay demand and fire protection charges 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, § 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; Ord. No. 15-2023, § 1, 11-28-2023) 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 2025 monthly billing, all grandfathered-in accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 135 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 24 of 35 1 1.00 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 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 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) 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 2025 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 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 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 $5.20 2 2.00 $10.40 3 2.00 $10.40 136 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 25 of 35 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (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; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) 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 2025 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 $127.28 2 2.00 $254.58 3 2.00 $254.58 4 1.25 $159.11 5 1.75 $222.76 6 2.00 $254.58 7 1.50 $190.94 (b)Effective in the January 2025 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 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (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, § 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; Ord. No. 15-2023, § 1, 11-28-2023) 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. 137 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 26 of 35 (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 2025 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% $6.43 2 2.00 90% $12.85 3 2.00 90% $12.85 4 1.25 90% $8.03 5 1.75 90% $11.25 6 2.00 90% $12.85 7 1.50 90% $9.64 (2)Effective in the January 2025 monthly billing, all senior metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.97 10,000 $5.09 14,000 $7.29 14,000 $16.41 (3)Effective in the January 2025 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: # of Pumps Rate Per 1,000 Gallons Pumped 1 $3.53 2 $7.06 3 $10.59 (4)Effective in the January 2025 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% $4.68 2 2.00 90% $9.36 3 2.00 90% $9.36 138 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 27 of 35 4 1.25 90% $5.85 5 1.75 90% $8.19 6 2.00 90% $9.36 7 1.50 90% $7.02 (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 2025 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% $38.18 2 2.00 30% $76.37 3 2.00 30% $76.37 4 1.25 30% $47.73 5 1.75 30% $66.83 6 2.00 30% $76.37 7 1.50 30% $57.28 (2)Effective in the January 2025 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% $1.56 2 2.00 30% $3.12 3 2.00 30% $3.12 4 1.25 30% $1.95 5 1.75 30% $2.73 6 2.00 30% $3.12 7 1.50 30% $2.34 (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, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.022. Late payment charge. (a) Payments for water service, utility investment charges, system development charges, hook-up fees, and utilities review fees shall be due on the 25th of the following month 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). 139 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 28 of 35 (b) Utility customers shall notify the Utility Department of any change in mailing and contact information associated with their account within thirty (30) days of the change. Failure to provide the Utility Department with accurate contact information shall not exempt the customer from compliance with this Title or any City Utility rules and regulations, or fees and penalties accessed by the Utility, including late fees. (Ord. 36-1996, §§ 2, 3; Ord. No. 45-1999, § 16 (part); Ord. No. 30-2012 § 29, Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11-28-2023) 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 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 enforce 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. 140 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 29 of 35 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 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. 141 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 30 of 35 (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 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 fifty dollars ($50.00) per day fee for non-compliant and/or uninspected backflow assemblies past the twelve-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. 142 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 31 of 35 (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. (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 143 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 32 of 35 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 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. (b) Violations and Penalties: (1)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. (2)In addition to penalties set forth in this section, failure to comply with the terms of this Code, including, but not limited to, failure to pay the necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Code e shall constitute an offense and a violation thereof. Violation of this Code 144 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 33 of 35 may result in an administrative fine of not less than fifty dollars ($50.00) per day per assembly added as a fee to the customer’s monthly bill. (3)Failure of the customer to cooperate in the installation, maintenance, testing, or inspection of backflow prevention assemblies required by these standards shall be grounds for the discontinuation of water service to the premises or the requirement. treated water service shutoff, and placement onto the unmetered water rate. Delinquency for each calendar month shall constitute a separate offense. (3)Service of water to any premises may be discontinued by the Utility Director if unprotected cross- connections exist on the premises. When a defect is found in an installed backflow prevention assembly, or if a backflow prevention assembly has been removed or bypassed, the service may be discontinued. Service shall not be restored until such conditions or defects are corrected. (5)Discontinuation of service may be summary, immediate, and without written notice whenever, in the sole discretion of the Director, such action is necessary to protect the purity of the public potable water supply or safety of the water system. ( Ord. No. 38-2016 ; 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. 25.30.030. 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) Permit applications with more than ten thousand (10,000) square feet of affected area, which is defined as the square footage of the building footprint, plus the square footage of exterior disturbance. (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). (3)All permit applications with internal work only that demolishes greater than 50% of the existing structure, (based on the entire square footage of rooms where floors, ceilings, or walls are exposed over the square footage of the structure). (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; 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 145 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 34 of 35 planned temporary irrigation on the subject property will be reviewed and approved prior to executing a Temporary Irrigation Water Service Agreement. A twenty-five thousand dollar ($25,000.00) 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. (b)Water accounts that have an active Temporary Irrigation Water Service Agreement as of January 1st, 2025, shall be charged a ten dollar ($10.00) monthly fee until such temporary agreement is dissolved. (Ord. No. 15-2023, § 1, 11-28-2023) 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 12th day of November, 2024. Attest: Nicole Henning, City Clerk Torre, Mayor 146 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 35 of 35 FINALLY, adopted, passed, and approved this 19th day of November, 2024. Attest: Nicole Henning, City Clerk Torre, Mayor Approved as to form: James R. True, City Attorney 147 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Emmy Oliver, Lodging & Commercial Core Program Manager THROUGH: Ben Anderson, Community Development Director MEMO DATE: November 11, 2024 MEETING DATE: November 19, 2024 RE: Resolution #137, Series of 2024 Amendments to the Short-term Rental Program Guidelines REQUEST OF COUNCIL: Staff requests that Council approve Resolution #137, Series of 2024. This resolution would amend the Short-term Rental (STR) Program Guidelines to provide necessary updates to the document for improved clarity for STR customers. SUMMARY AND BACKGROUND: The STR Program Guidelines was adopted by Resolution #099, Series of 2022, as a companion document to Ordinance #09, Series of 2022, the Short-term Rental Regulations. The STR Program Guidelines were developed to assist owners and operators of STRs in understanding and complying with the regulations in Ordinance #09, Series of 2022. The document’s primary purpose is to describe the STR program requirements in a more customer-friendly manner than the technical language and organization of the Land Use Code and to clearly articulate permit process and customer interaction with the Munirevs system that manages the permitting and tax collection functions. The first and current version of the Guidelines was developed prior to staff’s experience with the permit application and issuance process in the Munirevs software, and as such, is silent on some areas of information that have shown to be important and beneficial to STR customers. Over the previous two years of program operation, staff has fielded many frequently asked questions from the public and has identified areas within the Guidelines where information can be either expanded or added for the benefit of STR customers in offering additional programmatic clarity. 148 Most of the proposed updates to the Guidelines address fine points of the permit application and renewal processes that were not included in the original Guidelines document. Other proposed updates include an overall reorganization of information for increased user-friendliness, expansion of the operational standards and requirements section to better align with regulatory framework in Ordinance #09, Series of 2022, addition of tax filing requirement information for improved transparency, and the addition of instructions about the effective use of the Munirevs software. A detailed section-by- section explanation of the proposed Guidelines updates are listed below for Council consideration. It is important to note that this update does not change any policy or codified requirements of the STR program that live in the Land Use Code. Section 1 contains purpose and intent language explaining the rationale for the passage of Ordinance #09, why the City regulates STRs, and how the Guidelines are intended to be used by STR customers. Section 1 also includes a glossary of terms that are critical to the public’s understanding as they set the basis for program details like permit type and non-transferability. The addition of a ‘Governing Law’ paragraph, explaining that the Guidelines do not supersede the Municipal Code, is the primary amendment to this chapter. Section 2 provides an overview of the three distinct STR permit offerings, pertinent application information about each permit type, and the taxes and fees associated with the different permits. This section also includes a table of the permit cap numbers by zone for the STR-C permit. The primary intention of this section is to compare the similarities and differences between the three types of STR permit. No significant changes were made to this content. Section 3 focuses on the operational requirements and standards for an STR. It details the roles of the permittee and qualified owner’s representative (QOR), describes the concept of permit non-transferability, and the waitlist procedures for STR-C permits. This section aids owners and operators in ensuring that when a sale of a property occurs, potential impacts to a permitted property are fully transparent. Content also includes rationale and instructions for the 15-day public notice period for new STR permits, expanded in-unit messaging and tax filing requirement information, and expanded details about permit abandonment scenarios. Section 4 details enforcement policies and procedures. Aspen 311 Connect, the system staff uses to collect complaints about STRs, is explained and linked to. This chapter also details the grounds for revocation of STR permits so that owners and operators can understand when and why an STR permit may be withdrawn by the City. The Penalties subsection has been expanded to include details about Municipal Court processes and fines, and an Appeals subsection has been added so that customers are aware of their 149 rights to appeal staff decisions or determinations and the general process for initiating an appeal. Section 5 expands upon the previously brief financial section to include instructions for filing taxes and obtaining business licenses, both of which are integral obligations of STR customers. Section 6 has been updated and reorganized with the intention of ensuring customers are prepared to apply for an STR permit. The section begins with a flow chart that helps customers determine which permit type their property may qualify for, and is followed by a new chart that lists the required information, documentation, and processes that each type of permit application requires. Detailed instructions for submitting both new and renewal permit applications have been added in this section. Section 7, which did not previously exist, was added to inform customers about the most important aspects of operating within the Munirevs permitting and licensing software. Readers can learn how to register for an account, how different members of their business can access the account, and how important account notifications are sent. This chapter also explains how to find the STR permit and business license documents from a customer’s personal device. This section aids customers in the independent use of the Munirevs software and content was developed based upon frequently asked questions from program participants. The Guidelines are part of Community Development staff’s focus on customer service, commitment to transparency of process, and desire to improve access to information as essential elements of the STR regulations. Updates to this document will ensure our customers can access all the information needed to successfully participate in the STR program. The safe, legal, and informed operation of STRs in our community is always staff’s primary objective, and the STR Program Guidelines are an essential tool to support those efforts. STAFF DISCUSSION: No policy direction or changes have been proposed in the updated STR Program Guidelines; rather, all additions or amendments have been made with the goal of expanding upon the information that previously existed or adding information that was not included at the time the first draft was adopted. This proposed update is intended to improve clarity and transparency around program requirements and processes, and to better respond to common questions staff receive from customers. 150 Included for Council consideration are the proposed amended STR Program Guidelines (Exhibit A attached to Resolution #137, Series of 2024), the existing STR Program Guidelines (Exhibit A), Ordinance #09, Series of 2022 (Exhibit B), and Resolution #099, Series of 2022 (Exhibit C). Staff encourages Council to review both the current and proposed Guidelines documents to conclude that there are no policy changes included in the proposed amended version. The proposed Guidelines may also be reviewed against Ordinance #09, Series of 2022, to ensure the information in the Guidelines document aligns with the STR regulatory framework in Ordinance #09, Series of 2022. As a supplement to the Land Use Code, the STR Program Guidelines may be amended and re-adopted as needed outside of the formal Land Use Code amendment process. Resolution #099, Series of 2022, was the vehicle through which the current version of the guidelines were approved and adopted. Council is the final review authority on the adoption of the Guidelines. The proposed amended STR Program Guidelines will give STR customers an expanded toolbox to help them understand and comply with the existing STR regulations. Adoption of Resolution #137, Series of 2024 at the 11/19/24 Council meeting will ensure the Guidelines are useful to STR customers soon after the commencement of the annual permit renewal period, which begins on 11/15/2024. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: Should Council choose not to approve Resolution #137, Series of 2024, there are aspects of the process engagement with Munirevs that staff would need to find another mechanism to convey to applicants in support of the current permit renewal period. Given that the annual STR permit renewal period begins on November 15, a denial or continuation of Resolution #137, Series of 2024 will create potential information gaps for our customers. RECOMMENDATIONS: Staff recommends that Council approve Resolution #137, Series of 2024. ATTACHMENTS: EXHIBIT A: Existing STR Program Guidelines (2022) EXHIBIT B: Ordinance #09, Series of 2022 EXHIBIT C: Resolution #099, Series of 2022 CITY MANAGER COMMENTS: 151 1 Short-term Rental Program Guidelines EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 152 2 TABLE OF CONTENTS SECTION 1: Introduction to Short-term Rentals…………..……...........…………...............…..…...................1 Purpose & Intent………………………………………..…………………….…..……...........................................…1 Glossary of Terms…………………………………………..…………..…….…...........................................……….2 SECTION 2: Choosing a Permit……….........................................................................................................3 Permit Flowchart……..…………………………..………..……………………...........................................……4-5 SECTION 3: Description of Permit Types…………………………..………..…….............................................…6 3.A: Lodging Exempt Short-term Rental (STR-LE)……….…………...........................................…6 3.B: Owner-occupied Short-term Rental (STR-OO)…….........................................................7-8 3.C: Short-term Rental Classic (STR-C)……………..………............................................…..….....9-10 Short-term Rental Classic (STR-C) Permit Cap Details………...............................................….11 SECTION 4: Application Information…………………………….……….……...........................................……….12 Permittee Information………………………………………………….……............................................…......12 Qualified Owner’s Representative (QOR) ………………….……….........................................….12-13 STR Property Information………………………..……………………………............................................13-14 Supplemental Documents…………………..………..........................................................................14-15 Business Licensing.……..................……..................…….....................................................................15 SECTION 5: Operational Requirements…………………………............................................…………..………16 Non-Transferability & STR-C Waitlist………………….............................................………………..…..16 Neighborhood Noticing…………………………………..……............................................…………...….16-17 Life Safety & In-unit Compliance………………………………............................................……....……..18 SECTION 6: Enforcement……………………………..……………………...........................................…………………19 Complaints………………………………………………………………………….............................................………19 Violations & Penalties…………………………………………………............................................…….….19-20 SECTION 7: Financial Information………………..……………………..........................................…………………21 More information about the City of Aspen’s short-term rental program, including resources mentioned in this document, can be found at aspen.gov/strs. Subscribe to the bi-weekly Community Development newsletter here. Disclaimer: The information outlined in this document is informative to help guide permittees and qualified owner representatives comply with the City of Aspen’s short-term rental code per the Land Use Code, Section 26.530. Information in this guide does not supersede the regulations as described in Section 26.530. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 153 SECTION 1: INTRODUCTION TO SHORT-TERM RENTALS Purpose & Intent A Short-term rental (STR) is defined by the City of Aspen as the occupancy of a hotel, lodge, or residential unit offered as a vacation rental for a period of less than 30 days. STR properties serve an important role in supplementing Aspen’s lodging bed base, diversifying lodging options, and providing economic benefit to property owners and the community. There are community impacts from this activity. Resident quality of life, parking, wildlife protection, affordable housing, transportation, and City services are all impacted from the operation of STRs. Due to the potential for adverse impacts, STRs are regulated by the City to protect the health, safety, and welfare of owners, neighbors, and visitors and to balance conflicting community needs and interests. The City recognizes the importance of a diverse lodging bed base and will continue regulatory fine-tuning to ensure the policy, over time, supports community policies and needs. If you rent your unit for a period of less than 30 days, you are required to first obtain an STR permit from the City’s Community Development Department and a business license from the City’s Finance Department. All STR permits through the City are valid for a period of one year and must be renewed annually within 14 days of their expiration date. STR permits are not available for employee, affordable, or other deed or covenant restricted housing. The first and last name of a “natural person” is required on all STR permits. The natural person, known as the permittee, must have at least a 10% ownership interest in the property for which the STR permit is issued. If a property is owned by an LLC, trust, or other organization, that business must designate one of its owners to be listed as the permittee. Permittees are responsible for providing a significant level of in-person service to guests renting their property. If a permittee is unable to provide in-person service, they may designate a qualified owner’s representative (QOR) on the permit to be a point of contact for the STR. STR permits are non-transferable between people or property and are issued only to the natural person and only for the property address named on the permit. If a change of ownership occurs during the valid lifetime of a permit, the permit will be considered revoked, and the new owner must apply for a new STR permit if they wish to rent the property on a short-term basis. All new STRs are required to comply with life-safety and operational standards as described in this document. STRs are subject to periodic inspections by City personnel. The permittee or QOR must be present for inspections. Certain new permit types also require a neighborhood noticing period prior to permit issuance. HOA properties are required to demonstrate HOA consent prior to issuance of an STR permit via documentation required at time of STR permit application. This STR Guidelines document is meant to serve as a comprehensive guide for STR owners and operators to inform permit eligibility, application requirements, and how to maintain compliance with STR regulations. All “Sections” refer to sections in the City of Aspen Land Use Code. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 1 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 154 22 Glossary of Terms Condo-hotel. A condo-hotel is a lodging property which meets the definition of Lodge in Section 26.104.110, Use Categories, and in which ownership of individual lodge units has been condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38-33-101, et. seq. Hotel. See definition of Lodge, Section 26.104.110 Use Categories. Motel. See definition of Lodge, Section 26.104.110 Use Categories. Lodge. See definition of Lodge, Section 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a “legal person” for the purpose of assigning certain legal rights. Owner-Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner-Occupant. For the purposes of permitting specific types of STRs, owner-occupant is a natural person whose principal residence is the City of Aspen residential property or unit for which an STR permit is sought. Permittee. Permits shall only be issued in the name of one natural person who has an ownership interest (of at least 10%) in the property for which the permit is issued. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/ units per bedroom in an STR. Each lodge and STR unit shall be considered to have two pillows for each bedroom. For calculating occupancy in STRs, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered as two pillows. Studio units shall be considered to have two pillows. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an owner-occupied STR permit holder. Qualified Owner’s Representative (QOR). A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen STR permit. For each STR property, there may be only one qualified owner’s representative. All qualified owner’s representatives must have a business license through the City of Aspen. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not STR uses. SECTION 1: INTRODUCTION TO SHORT-TERM RENTALS C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 155 SECTION 2: CHOOSING A PERMIT There are three STR permit types available to property owners wishing to rent their units for periods of less than 30 days. The STR permit is differentiated based on the permittee’s residency, zone district, and usage of the unit. Each STR permit type has different regulatory and financial requirements which are described in detail in this document. When the permittee or QOR applies for a new STR permit or is renewing an STR permit, the permittee or QOR will choose from one of the following permit types: • Short-term Rental Classic Permit (STR-C), • Owner-occupied Short-term Rental Permit (STR-OO), or • Lodging Exempt Short-term Rental Permit (STR-LE). Some units may be eligible for more than one type of permit, however only one permit is allowed per unit. To determine which permit type a unit can apply for, use the flow chart on the following page. Credit: C2 Photography C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 3 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 156 44 Permit Flow Chart To determine which STR permit you may apply for, please follow the below prompts: MY UNIT IS CONSIDERED A “LODGE” PER THE CITY OF ASPEN MUNICIPAL CODE DEFINITION IN SECTION 26.104.110, USE CATEGORIES: Lodge uses have the following characteristics: • At least fifteen individual units used for overnight lodging by the general public, and • With or without kitchens within individual units, and • With or without meals provided, and • Which has common reservation and cleaning services, combined utilities and on-site management and reception services, and • On-site, in-person management and reception services during normal business hours (remote management and reception services may be provided all other times). To qualify as a Lodge use, the property must have at least three of the following amenities on-site: • Commercial kitchen or other in-house food service. • On or off-site fitness or gym facilities. • Pool, hot tub, sauna, or spa facilities. • Lounge. • Entertainment facilities accessible to guests. • Bar or restaurant. • Retail or services (such as guide services, concierge, equipment rental or repair, spa or beauty facility). • Meeting, conference, entertainment, or ballroom facilities. • Other amenities as may be provided to address the specific lodge needs. YES, you can apply for an STR-LE permit. Please see Section 3.A for details on the STR-LE permit. NO. MY UNIT IS MY PRIMARY RESIDENCE, AND I CAN SUBMIT TWO OF THE FOLLOWING VALID DOCUMENTS INDICATING THAT THE STR IS MY PRIMARY RESIDENCE: C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 157 5 i. Valid Colorado driver’s license; ii. Valid motor vehicle registration; iii. Voter registration; iv. Federal or state tax return; or, v. Other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. YES, see below.NO. YOU CAN APPLY FOR THE STR-OO PERMIT. The STR-OO permit allows a maximum of 120 rental nights per year. Please see Section 3.B for details on the STR-OO permit. WHAT IF I WANT TO RENT MY UNIT FOR MORE THAN 120 DAYS PER YEAR? YOU CAN APPLY FOR THE STR-C PERMIT. The STR-C permit allows an unlimited number of rental nights per year. In certain residential zones, there are a limited number of STR-C permits available; applicants may be subject to a waitlist. Please see Section 3.C for details on the STR-C permit. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 5 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 158 66 3.A: Lodging Exempt Short-term Rental (STR-LE) Who is it for? The Lodging Exempt STR (STR-LE) permit is available solely to lodging and condo-hotel properties which meet the definition of Lodge or Condo-hotel per Section 26.104.110, Use Categories. Some characteristics of Lodges and Condo-hotels include, but are not limited to, common reservation and cleaning services, combined utilities, and on-site, in-person management and reception services during normal business hours. Properties eligible for STR-LE permits are required to be marketed under a unified brand and marketing model where the individual ownership of units is secondary to the central brand of the property. There is no limit to the number of rental nights allowed under the STR-LE permit. Fractional ownership units and/or timeshares are not regulated under Ordinance No. 09, Series of 2022. Multi-family condominiumized residential properties that do not meet the definition of Lodge or Condo- hotel are not eligible for STR-LE permits and must instead apply for an STR-OO or STR-C permit. Application Requirements If desired, one STR-LE permit may be applied for to cover multiple properties within a lodge or condo- hotel property. A QOR must be designated as the primary point of contact for the permit. The QOR may apply for the STR-LE permit on behalf of multiple properties and is required to list the total number of properties covered by the single permit. In addition to the QOR responsibilities as described within the STR Program Guidelines, the QOR is responsible for filing taxes on behalf of any units covered under the single STR-LE permit. In the instance which a property owner chooses to obtain a permit solely for their lodge unit, they may apply for a STR-C or STR-OO permit as the permittee and may designate a QOR if they desire to do so. The QOR is responsible for filing taxes on behalf of the property and each permittee and QOR must have a valid business license. Each QOR and the owners of all units covered under STR-LE permits are required to maintain valid business licenses through the City of Aspen’s Finance Department. The QOR will be responsible for maintaining up-to-date business license information for each property covered in an STR-LE permit. An affidavit attesting to eligibility for the STR-LE permit must be submitted with each STR-LE permit application; only one affidavit is required per permit. STR-LE units are not required to provide public noticing. Permit Limits Unlimited numbers of STR-LE permits are available in zone districts where STRs are a permitted use. STR-LE permits are prohibited and not available for properties within in the A, OS, P, WP, A and PUB zone districts. SECTION 3: DESCRIPTION OF PERMIT TYPES Requirements:Department & Process:Cost: Business License Finance; annual renewal $150/year Short-term Rental Permit Community Development; annual renewal $148/unit/year Sales & Lodging Tax Finance; quarterly filings 11.3% sales tax* Financial Requirements *May be subject to change. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 159 3.B: Owner-occupied Short-term Rental (STR-OO) Who is it for? The Owner-occupied STR (STR-OO) permit is available only to City of Aspen residents who own and can prove that the property is their primary residence. STR-OO permits are issued to full-time Aspen residents and are limited to 120 rental nights per calendar year from the date of permit issuance. If an applicant wishes to short-term their property for more than 120 nights per year, they may apply for an STR-C permit. Application Requirements Applicants who wish to obtain an STR-OO permit are required to submit two forms of valid documentation indicating that the property is the permittee’s primary residence. The following are acceptable forms of proof of primary residence: •Valid Colorado driver’s License •Valid motor vehicle registration •Voter registration •Federal or state tax return •Other legal documentation pertinent toward establishing principal residence may be deemed sufficient by the Community Development Director. Applications for STR-OO permits require the full name of a natural person as the “permittee” on the application. If the title to the property is held by a corporation, partnership, association, or company, the name and contact information of any officer, director or stockholder holding 10% or more of the interests in the corporation, partnership, association, or company is required on the application. If desired, permittees can designate a QOR to be the property manager for the STR property. The QOR must live within the Roaring Fork River Drainage Area (see next page for map) so that they are able to promptly respond, in-person, to emergencies at the property within two hours of being notified. All contact information for a QOR must be included in the STR application, and any updates to QOR contact information must be provided to the Community Development Department within 10 days or the permittee will be subject to enforcement action. All permittees and/or QOR of STRs are required to maintain valid business licenses through the City of Aspen’s Finance Department. Applicants wishing to obtain an STR-OO permit are responsible for maintaining compliance with life safety standards in Title 8 of the City’s Municipal Code and in these STR Program Guidelines. A signed self-inspection affidavit indicating compliance with life safety items will be a required submission with each permit application. STR properties may be subject to inspection by City staff and their agents within 48 hours’ notice. In addition to the self-inspection affidavit, STR-OO applicants must submit a signed document indicating that they have HOA approval to operate an STR at the property. Upon application for a new STR-OO permit, the permittee is subject to a 15-day neighborhood noticing period in accordance with the requirements in Section 26.304.060.E.3.b-c. Manner of Notice. The permittee is responsible for posting signage and mailing notices to each property within 300 feet of the subject property. Proof of noticing is required prior to permit issuance. Permit renewals do not require neighborhood noticing. SECTION 3: DESCRIPTION OF PERMIT TYPES C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 7 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 160 88 I-70 US 6 I-70 CO 8 2 Silt Glenwood Springs Rifle New Castle NOTE: Data source for this map: Federal/State Lands, Private Parcels, Municipalities, Roads and Water Features from Garfield County GIS Department. Colorado River from USGS National Hydrography Dataset Program. This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2010 Aspen/Pitkin GIS 031.5 Miles Legend Roads Colorado River (Project Area) Water Features Adjusted 5 mi Buffer Actual 5 mi Buffer Private Parcels Municipalities BLM STATE OF CO DEPT OF ENERGY USFS APCHA OWNERSHIP EXCLUSION ZONE Roaring Fork Drainage Area Permit Limits Unlimited numbers of STR-OO permits are available in zone districts where STRs are a permitted use. STR-OO permits are prohibited and not available for properties within in the A, OS, P, WP, A, and PUB Zone Districts. SECTION 3: DESCRIPTION OF PERMIT TYPES Financial Requirements Requirements:Department & Process:Cost: Business License Finance; Annual Renewal $150/year STR Permit Community Development; Annual Renewal $394/year Sales & Lodging Tax Finance; Quarterly Filings 11.3% sales tax* *May be subject to change. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 161 SECTION 3: DESCRIPTION OF PERMIT TYPES 3.C: Short-term Rental Classic (STR-C) Who is it for? The STR Classic (STR-C) permit may be issued to any natural person who owns a residence in the City of Aspen. Unlike the STR-OO permit, STR-C permits are available to non-owner-occupied residential properties in the City of Aspen, and proof of primary residence is not required. STR-C permits are also available to owner-occupied residences where the permittee wishes to short-term rent the property for more than 120 nights per year. Application Requirements The STR-C permit is available in limited quantities in certain zone districts (see STR-C Permit Cap Details on page 11). STR-C permits are capped in residential zones. All STR-C permit applications for properties within a capped zone district will be subject to a waitlist if the number of STR-C permits issued does not meet the threshold for the total allowable permits. The STR-C waitlist is updated on a regular basis and publicly available at aspen.gov/strs. STR-C permit applications require the full name of a natural person as the permittee on the application. If the title to the property is held by a corporation, partnership, association, or company, the name and contact information of any officer, director or stockholder holding ten percent or more of the interests in the corporation, partnership, association, or company is required on the application. If desired, permittees may designate a QOR to be the primary point of contact for the property. The QOR must live within the Roaring Fork River Drainage Area so that they are able to promptly respond, in-person, to emergencies at the property within 2 hours of being notified. All contact information for a QOR must be included in the STR application, and any updates to QOR contact information must be provided to the Community Development department within 10 days or the permittee will be subject to enforcement action. All permittees and/or QOR of STRs are required to maintain valid business licenses through the City of Aspen’s Finance Department. Applicants wishing to obtain an STR-OO permit are responsible for maintaining compliance with life safety standards in Title 8 of the City of Aspen Municipal Code and in this document. A signed self-inspection affidavit indicating compliance with life-safety items will be a required submission with each permit application. STR properties will be subject to inspection by City of Aspen staff and their agents within 48 hours’ notice. In addition to the self-inspection affidavit, STR-C applicants must submit a signed document indicating that they have HOA approval to operate an STR at the property. Upon application for a new STR-OO permit, the permittee is subject to a 15-day neighborhood noticing period in accordance with the requirements in Section 26.304.060.E.3.bc. Manner of Notice. The permittee is responsible for posting signage and mailing notices to each property within 300 feet of the subject property. Proof of noticing is required prior to permit issuance. Permit renewals do not require neighborhood noticing. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 9 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 162 1010 SECTION 3: DESCRIPTION OF PERMIT TYPES Permit Limits There is no annual limit on the number of nights per year an STR-C may operate; however limited numbers of STR-C permits are available for issue in residential zone districts (see page 11). An unlimited number of STR-C permits are available in the L, CL, CC, and C-1 Zone Districts and Lodge and Lodge Preservation Overlay. STR-C permits are prohibited in the A, OS, P, WP, A, and PUB Zone Districts (see page 11). Requirements:Department & Process:Cost: Business License Finance; Annual Renewal $150/year STR Permit Community Development; Annual Renewal $394/unit/year Sales & Lodging Tax Finance; Quarterly Flings 11.3% sales tax* Financial Requirements *May be subject to change. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 163 SECTION 3: DESCRIPTION OF PERMIT TYPES Zone District:Number of STR-C Permits: RR – Rural Residential 2 R-3 - High Density Residential 1 R-6 – Medium Density Residential 81 R-15 – Moderate Density Residential 47 R-15A – Moderate Density Residential - A 8 R-15B – Moderate Density Residential - B 12 R-30 – Low Density Residential 1 R/MF – Residential Multi-Family 190 R/MFA - Residential Multi-Family - A 12 AH - Affordable Housing 9 MU – Mixed Use 39 NC – Neighborhood Commercial 1 SCI – Service/Commercial/Industrial 2 SKI – Ski Area Base 2 C-1 – Commercial Unlimited permits allowed CC – Commercial Core Unlimited permits allowed L - Lodge Unlimited permits allowed CL – Commercial Lodge Unlimited permits allowed Lodge Overlay Unlimited permits allowed Lodge Preservation Overlay Unlimited permits allowed A - Academic Prohibited C – Conservation Prohibited OS – Open Space Prohibited PUB - Public Prohibited P - Park Prohibited WP – Wildlife Preservation Prohibited * Caps by zone district may be amended time to time. All STR locations, allowable zones, permit information, and waitlist status may be found on the City of Aspen’s STR website. Short-term Rental Classic (STR-C) Permit Cap Details Aspen City Council placed caps on the number of STR-C permits available for issue in residential zone districts. Caps are designed to ensure zone districts function as intended and in harmony with established uses. All permit types, including STR-C, are allowed with no cap in the L, CL, CC, and C-1 zone districts, and Lodge Overlay and Lodge Preservation Overlay Zones. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 11 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 164 1212 SECTION 4: APPLICATION INFORMATION When applying for an STR permit, the following information will be required and verified by City staff on each application form. Applicants are urged to gather all necessary information prior to starting an application for STR permit, as applications with incomplete or incorrect information will experience delayed processing times and may be rejected altogether. Permittee Information Detailed permittee information is required on all applications. STR-LE permits are exempt from this requirement if the permit covers multiple properties in a lodge. The QOR may enter their contact information in the Permittee section of an STR-LE application. The permittee must have a 10% (or greater) ownership interest in the property. If a property is owned by an LLC, trust, or other organization, that business must designate one of its owners to be listed as the permittee. The permittee must be a natural person, as distinct from a legal person, for the purposes of this application. A first and last name is required on an application; LLC, trust, or organizational names will not be accepted. STR properties and permits are the legal responsibility of the permittee named in the application, including compliance with regulations, enforcement, and responsiveness to visitors and City staff. Required Permittee Information: First Name, Last Name, Mailing Address, Phone Number, Email Address Qualified Owner’s Representative (QOR) All STR units and permits are the responsibility of the permittee, who is the owner of the property. This is inclusive of compliance, enforcement, and responsiveness to visitors and City staff. The City recognizes that many STR property owners live out of town and for this reason are unable to respond to concerns at the STR property in person or in a timely manner. In other cases, property owners may simply prefer to hire an individual or property management company to run the STR unit, even if they reside at the property or live nearby. If for whichever reason the property owner is either unable or unwilling to be the point of contact for the STR unit, the owner may designate a qualified owner’s representative (QOR) in their place. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 165 SECTION 4: APPLICATION INFORMATION If designated by the permittee, the QOR is responsible for maintenance of the STR property and timely response to all inquiries from tenants and City officials. Any code or legal violations or revocation of the STR permit will be the responsibility of the permittee, who is the property owner. The City will not hold the QOR legally liable for the STR permit or STR unit, but if a QOR is designated, it is the QOR responsibility to inform the permittee of any code violations against the unit. The QOR must respond in-person to all emergencies at the STR property within 2 hours of a phone call by tenants or emergency personnel. The QOR must respond to all non-emergency inquiries as appropriate to the inquiry within 24 hours. Failure of a QOR to respond to a call or message from a tenant or the Community Development Director within 24 hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.070. Only one QOR may be designated per STR permit, and the QOR must have a valid business license through the City of Aspen. The QOR must physically reside in Eagle, Pitkin, Garfield, or Gunnison Counties, or within the Roaring Fork River Drainage Area. The QOR’s physical address will be verified at time of application to ensure the QOR resides within a 2-hour driving distance from the STR address. Other contact information for the QOR, including first and last name, email address, day and nighttime phone numbers, business license information, and company affiliation, is required in the STR permit application. Failure to provide or update QOR contact information for an STR permit within 10 days of any change can result in an enforcement violation for the permittee. Should a permittee need to change or update the contact information for a QOR on an issued permit, they may do so by contacting the Community Development Department for instructions. Required QOR Information: First Name, Last Name, Physical Address, Phone Number, Email Address STR Property Information The following information will be required on every application as it pertains to the STR unit. Occupancy Limits Operational requirements include adherence to the occupancy limits for the STR unit as listed on the permit. Studio units shall have an occupancy of two plus one. All STR units with one or more bedrooms shall have an occupancy of two plus two per bedroom. Bunkrooms will count as two occupants per bedroom regardless of the number of pillows. Permittees and/or QORs must determine and list the number of allowed occupants on the application for each STR unit. Occupancy may be verified by City staff and failure to accurately list occupancy or exceeding the posted occupancy is a violation. Pitkin County Assessor Information Applicants will be required to list the Pitkin County Parcel ID number, Pitkin County owner’s name, number of bedrooms, and size of heated area of the residence. This information can be accessed via the Pitkin County Assessor’s Property Search website. Pitkin County Assessor’s Property Search Website: https://qpublic.schneidercorp.com/Application.aspx?AppID=1071&LayerID=26013&PageTypeID=2&PageID=10531 C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 13 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 166 1414 Zoning Zoning requirements limit the location and number of STRs in the community. They prevent unreasonable burdens on services and impacts on neighborhoods posed by STRs. Special regulations of these uses are necessary to ensure that STRs are compatible with surrounding land uses and do not harm and alter the neighborhoods in which they are located. The applicant will be required to select the zone district in which the STR unit is located on the permit application. Applicants may use the STR Eligibility Map to determine their zone district. STRs are permitted in the following zones: R-3, AH, R/MF, R/MFA, R-6, R-15, R-15A, R-15B, R-30, RR, SCI, NC, MU, SKI, L, CL, CC, and C-1. STRs are prohibited in the A, C, OS, P, PUB, and WP Zone Districts, and no STR permits will be issued to properties in these zones. To determine which zone a property is located within, please visit the City’s STR Eligibility Map: https://experience.arcgis.com/experience/48e993d78c324291a543b591fb082972/ Required STR Property Information Supplemental Documents Permittees and/or QORs must submit all required supplemental documents with each STR permit application. Requirements vary by permit type and the required documents for the specific permit application shall be listed on the application form. All supplemental documents can be accessed via aspen.gov/strs. Prior to starting an application, the permittee and/or QOR should review these documents and gather all necessary information and signatures. Supplemental documents must be completed entirely and submitted as PDF file attachments with the application form. Blurry, incomplete, or incorrectly formatted files will delay the processing time for an application and may be cause for rejection of the application. STR-C Supplemental Documents HOA Compliance Affidavit Self-Inspection Checklist and Affidavit Public Notice Affidavit (required submission after permit approval, upon staff request) Renewal applications are not subject to noticing requirements. SECTION 4: APPLICATION INFORMATION Physical address Size of heated residence (square feet) Pitkin County parcel ID number Location of parking spaces Pitkin County owner name Location of fire extinguisher City of Aspen zone district Day of trash and recycle pickup Number of bedrooms Day of compost pickup Number of permitted occupants Listing numbers for 3rd party advertisements C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 167 STR-OO Supplemental Documents SECTION 4: APPLICATION INFORMATION HOA Compliance Affidavit Self-Inspection Checklist and Affidavit Public Notice Affidavit (required submission after permit approval, upon staff request) Two Forms of Proof of Residency Renewal applications are not subject to noticing requirements. STR-LE Supplemental Documents Lodging Exempt affidavit Self-Inspection Checklist and Affidavit Business Licensing In addition to completing and submitting an STR permit application and all required supplemental documents, business licenses are required for STR operations within the City of Aspen. Pursuant to its municipal code Section 23.32.020, the City of Aspen requires that any entity doing business within the City limits, either directly or indirectly, obtain a combined Sales Tax and Business License. This means that both permittees and QORs (if designated) are required to obtain a combined sales tax and business license from the City’s Finance Department. STR permits will not be issued until valid business licenses have been verified for permittee(s) and QOR listed on a permit. Business licenses can be applied for through the Finance Department website. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 15 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 168 1616 SECTION 5: OPERATIONAL REQUIREMENTS Non-Transferability & STR-C Waitlist Non-Transferability All STR permits issued on or after October 1, 2022, are non-transferable. STR permits are granted only for the property address and permittee listed on the permit. If sale of a property with a permitted STR occurs, the permit will be revoked. Permits may not be transferred between properties. If a property is owned by a partnership, corporation, association, company, or other legal entity, a transfer of ownership shall have occurred if the permittee name on the permit application changes. STR-C Permit Waitlist STR-C permits are available in limited numbers in residential zone districts. Applicants wishing to obtain a new STR-C permit in a capped zone will be subject to a waitlist maintained by the City. To secure a position on the waitlist, the permittee and/or QOR must submit a complete, compliant STR-C permit application and pay applicable permitting fees. STR-C permits in capped zones are issued on a first come first served basis based on date and time the application was received. When a permittee and/or QOR has been notified that an STR-C permit is available, the permittee and/ or QOR has 14 days to respond to the City regarding the approved STR-C permit. If the permittee and/ or QOR fails to respond within 14 days, the waitlist spot will be forfeited, and the available STR-C permit will be granted to the next approved applicant on the waitlist. View the City of Aspen STR Waitlist at the following: aspen.gov/strs Neighborhood Noticing Why Is Noticing Required? Upon application for a new STR-OO or STR-C permit, permittees are subject to a neighborhood noticing period in accordance with the requirements in Section 26.304.060.E.3.b-c. Noticing requires that a permittee post signage at the STR property and mail notices to surrounding addresses that are within 300 feet of the unit. The intent of neighborhood noticing is to make residents aware of the applicant’s intention to use the subject property as a new STR. The noticing period gives neighbors an outlet through which to provide feedback about proposed STR uses at subject properties. Permit renewals do not require neighborhood noticing. When to Notice Applicants should expect to provide notice after a new STR-C or STR-OO application is submitted and before it is issued. Once an STR-C or STR-OO permit is received, City staff will review the application for completeness and compliance. If the review is approved, the applicant will be notified to initiate the neighborhood noticing period. At the close of the notice period, the applicant will provide proof of notice in the form of a signed Public Notice Affidavit including a photo and mailing list copy attached. Community Development staff will review neighborhood feedback and proof of notice prior to permit issuance. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 169 SECTION 5: OPERATIONAL REQUIREMENTS How to Notice When an applicant is notified to commence the neighborhood notice period at a property, the applicant will obtain a public notice document from the Community Development Department that the applicant must have professionally printed as a 24-inch by 36-inch poster made of waterproof materials. Lettering on the signage should measure at least 1-inch tall. The poster should be secured in an obvious location at the proposed STR property for a minimum of 15 days. The applicant must photograph the sign and will be required to attach the photo to the Public Notice Affidavit to be submitted at the end of the 15- day noticing period. Advertising signs, logos or realtor signs shall not be permitted on any STR-C and STR-OO licensed property unless the property is listed for sale. The applicant is also responsible for mailing or hand delivering the contents of the public notice to each address within 300 feet of their property. The mailing of notice must be completed during the 15-day noticing period in which the signage is also posted. The names and addresses of property owners can be obtained from the Pitkin County Community Development website using the “Create Mailing List” link and instructions below: 1. Click the “Create Mailing List” link at the left side of the screen. 2. Select “Search Parcels by Address ” and click the “Next” button. 3. Begin typing the STR property address in the box, select the STR address from the dropdown menu, and click the “Next” button. 4. Confirm the requested distance as 300 feet, and click the “Next” button. 5. Your mailing list will populate as both a PDF file and an Excel file. Pitkin County Maps & More ‘Create Mailing List’: https://maps.pitkincounty.com/gvh/?viewer=ComDev The addresses should be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the start date of the notice period. The applicant should photocopy the mailing labels before attaching to envelopes as a copy of the mailing list will need to be attached to the Public Notice Affidavit to be submitted at the end. At their discretion, the applicant may include additional notes, text, or graphics along with the required public notice. Proof of Notice Proof of noticing is required prior to permit issuance. After the applicant has finished the 15-day notice period, the applicant should complete the Public Notice Affidavit located at aspen.gov/strs, and attach the photograph of the noticing sign and mailing list used. Proof of notice shall be emailed to strs@aspen.gov with the STR property address in the subject line. Permits shall be approved, approved with conditions, or denied within 21 days following the closure of the notice period and submission of proof. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 17 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 170 1818 SECTION 5: OPERATIONAL REQUIREMENTS Life Safety & In-unit Compliance Life Safety Requirements STR properties must be regularly maintained for the safety of all inhabitants. Permittees are required to submit a signed Self-Inspection Checklist and Affidavit with each STR permit application indicating basic maintenance intended to support life safety at the property has been performed. The affidavit includes language indicating that the subject property will comply with Municipal Code Title 8. If a permittee is unsure whether their property meets the code requirements in Municipal Code Title 8, they may hire a third-party home inspection agent at their own expense. In-Unit Messaging Requirements These requirements include the posting of permits, business licenses, and in-unit messaging documents such as the Good Neighbor Guide that will be made available to the permittee via their MuniREVS account upon issuance of a permit. Applicants are also required to produce a fire escape plan for their residence. STR regulations require that the Good Neighbor Guide, STR permit, associated business licenses, and in-unit messaging be displayed inside each unit for renters to access. The Good Neighbor Guide is available at aspen.gov/strs. Issued permits, business licenses, and the in-unit messaging document will be made available to the permittee upon issuance of an STR permit. The Self-Inspection Checklist and Affidavit, as well as the Good Neighbor Guide, can be accessed at: aspen.gov/strs Inspections By signing and submitting an STR permit application, and subsequently being granted a permit, the permittee or QOR shall consent to inspections of the property for the purpose of determining compliance with City codes, regulations and laws. Inspections will be made by City officials or their agents on an as-needed basis. If through a citizen complaint or audit it is determined by the Community Development Director or that an inspection of the STR property is warranted, the permittee or QOR will be made aware of the intent to inspect. No inspection will be made without first giving the permittee, or if applicable, the QOR, 48 hours’ notice of the inspection. Failure of the permittee or QOR to respond to a call from the Community Development Director within 24 hours will result in a notice of violation issued to the permittee. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 171 SECTION 6: ENFORCEMENT Complaints The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. The STR permittee, and if applicable, QOR, play an essential role in supporting and advancing these policies and supporting the City’s enforcement activities. The City of Aspen takes enforcement of STRs seriously. If you have a complaint about an STR, permitted or un-permitted, submit your Complaint to the City’s Code Enforcement Division: aspen.gov/aspen311 Upon receipt of a complaint, Community Development staff will determine if the complaint is valid and if a potential violation of City’s codes, regulations, or laws has occurred. Valid complaints will first be referred to the permittee, or if applicable, the QOR for response and correction. Community Development staff will follow up with any complaining party, the permittee, or their QOR for compliance or resolution. The permittee or QOR must respond to all complaints or inquiries from occupants and City officials within 24 hours. Failure to respond within 24 hours shall result in an enforcement violation. All valid complaints will be recorded and kept on-file including the address, permittee name, permit number, business license number associated with the complaint, and the complainer’s name and contact information. The City is not responsible for complaints against an HOA, hotel, or condo-hotel’s own guidelines outside of the City’s code, rules, and regulations. Violations & Penalties What Constitutes a Violation? The following offenses are grounds for issuance of a notice of violation; this list is for illustrative purposes only and is not exhaustive or indicative of all violations that can occur: • Failure of a permittee or, if designated, QOR, to respond to a complaint or inquiry from an occupant within two hours. • Failure of a permittee or, if designated, QOR, to respond to a complaint or inquiry from City officials within 24 hours. • Failure to adhere to the total allowed occupancy at a unit. • Failure to adhere to rental night limits for an STR-OO permit. • Failure to provide or update QOR contact information with the Community Development Department within 10 days of a change. • Failure to comply with applicable life safety standards in Municipal Code Title 8. • Failure to display required in-unit messaging as described in operational requirements. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 19 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 172 2020 SECTION 6: ENFORCEMENT • Failure to provide the Good Neighbor Guide to occupants. • Failure of an STR permittees to assist STR occupants in being ‘good neighbors’ by recognizing their obligation to following the rules and customs of the community as described in the Good Neighbor Guide. • Failure to comply with any of the requirements in Section 26.530 or in this STR Guidelines document. Any repeat complaint or unaddressed notice of violation of City codes, regulations or the requirements of any license issued under Section 26.530. shall be referred to either the Community Development Director, City of Aspen Police Department, or the City of Aspen Attorney’s Office and investigated, if appropriate. How can a permit be revoked? STR permits may be revoked by the Community Development Director for any of the following reasons: • Property sale or transfer of ownership. • Failure to renew a permit within 14 days of the expiration date. • Failure to remit permit fees, taxes, or pay fines within a single permit cycle. • Three notices of violation for a property within a single permit cycle. • Failure to rent the property during the term of the permit as evidenced by one year of zero tax filings. Any permittee that violates or allows another to violate any section of Section 26.530 may be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five-hundred dollars ($500). Each day of any violation of this section shall constitute a separate offense. Civil Remedies The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of Section 26.530 when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of Section 26.530. An STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of Section 26.530 or the STR Program Guidelines by the permittee of the property subject to the permit within the one year. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within 30 days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a 10% penalty for costs of collection. Any lien placed against the property pursuant to Section 26.530 shall be recorded with the Pitkin County clerk and recorder. C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 173 SECTION 7: FINANCIAL INFORMATION Permittees and, if applicable, the QOR of a STR is required to maintain a City business license and must collect and remit all applicable tax directly to the City through the MuniRevs platform https://aspen. munirevs.com/ under the business license account for the STR property. The City of Aspen does not accept any third-party tax payments from platforms such as Airbnb or VRBO. Pursuant to Section 23.32.020, the City requires that any entity doing business within the City limits obtain a business license. The City of Aspen issues annual business licenses that are valid for the calendar year in which they are issued. Fees for the license are not prorated, regardless of when the license is issued, or the business started. MuniRevs is designed to assist STR owners and operators in routine tax filing process and will automatically send an emailed reminder to submit tax return and payment based on the individual’s filing schedule. Filing schedules can be monthly, quarterly or annually. Additionally, the software is structured to send delinquent notice(s) if a return and/or payment is not completed by the routine deadline which is the 20th day of the month following the end of the tax period, or the following business day if a holiday or weekend. For more information about business license requirements, visit: aspen.gov/1386 For more information about the process for tax remittance, visit: aspen.gov/1392 For general tax information, visit: aspen.gov/1389 C I T Y O F A S P E N S H O R T - T E R M R E N T A L P R O G R A M G U I D E L I N E S 21 EX I S T I N G G U I D E L I N E S EXHIBIT A: Existing STR Program Guidelines Prior to Amendment 174 ORDINANCE NO.09 Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE VACATION RENTAL REGULATIONS IN THE CITY OF ASPEN LAND USE CODE. WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and, WHEREAS, Aspen is a tourists destination, attracting tens of thousands of visitors a year in all seasons, visitors which require transient tourist accommodations and participate in and support Aspen's tourist economy; and, WHEREAS, a variety of tourist accommodations at varied sizes, quality, and price points is essential to supporting the City's tourist economy; and, WHEREAS, a tourist -based economy such as the City's requires a sufficient number of employees to provide the services required to serve such an economy. Without adequate workforce housing, a tourist -based economy cannot thrive; and, WHEREAS, to allow for a sufficient number of employees to be hired to provide the services necessary to sustain a tourist -based economy there must be an adequate supply of workforce housing; and, WHEREAS, historically, the long-term rental of residential property, or at least the long-term rental of space within a residential property, has been an important means for providing workforce housing within the City; and, WHEREAS, in addition to the required workforce housing, it is also essential to the continued vitality of the City's economy that adequate short-term housing be made available to the many tourists who visit the City each year; and, WHEREAS, short-term rentals are extremely valuable to the City's economy and exist in various locations throughout the City; and, WHEREAS, the operation of a short-term rental in the City is the operation of a business; and, Ordinance #09, Series of 2022 Short-term Rentals Page 1 of 14 Exhibit B: Ordinance #09, Series of 2022 175 WHEREAS, without regulations and limitations on their operation and extent, short- term rentals also have adverse impacts on the character of residential neighborhoods and the availability of long-term housing options; and, WHEREAS, tourists visitation, the operation of tourist accommodations, the goods and services demanded by tourists, and the transportation systems required to move tourist to and throughout the community have environmental impacts, measured as Greenhouse Gas Emissions; and, WHEREAS, in keeping with the goal of the City's Comprehensive Plan to preserve small town character while maintaining livability, the City desires to minimize the negative impacts of short-term rentals on Aspen's neighborhoods, housing supply, economy, and environment; and, WHEREAS, during the moratorium, adopted Ordinance No. 26, Series of 2021, City staff engaged in a robust public engagement process which included two online surveys regarding community perception of short-term rentals and feelings toward specific regulations; an open house at City Hall which included story boards and an opportunity for feedback; a public work session to discuss the online survey results and expand further into certain topic areas; and research into how other municipalities in Colorado regulate short-term rentals; and, WHEREAS, the Planning and Zoning Commission received and considered the information gathered through the public engagement process, as well as comments from the public, during a Meeting held on May 170', 2022, and voted 4 to 0 to recommend approval of Ordinance #09, Series of 2022 to City Council; and, WHEREAS, on December 12, 2021, City Council adopted Ordinance No. 26, Series of 2021 enacting a temporary moratorium in the issuance of new short-term rental permits until September 30, 2022; and, WHEREAS, at a regular meeting on May 24, 2022, City Council by a 5 to 0 vote, approved Ordinance #09, Series of 2022, approving at First Reading a Code Amendment to Vacation Rental Regulations; and, WHEREAS, at a regular meeting and properly noticed public hearing on June 28th, City Council by a 5 to 0 vote, approved Ordinance #09, Series of 2022 on Second Reading; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Section 26.104.100 "Definitions shall" be amended as follows: Ordinance #09, Series of 2022 Short-term Rentals Page 2 of 14 Exhibit B: Ordinance #09, Series of 2022 176 Condo -hotel. A condo -hotel is a lodging property which meets the definition of Lodge in 26.104. 110, Use Categories and in which ownership of individual lodge units has been condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38-33- 101, et. seq. Hotel. See definition of Lodge, 26.104.110 Use Categories. Motel. See definition of Lodge, 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a "legal person" for the purpose of assigning certain legal rights. Owner Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner Occupant. For the purposes of permitting specific types of short-term rentals, owner - occupant is a natural person whose principal residence is the City of Aspen residential property or unit for which a short-term rental permit is sought. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/units per bedroom in a short-term rental. Each lodge and short-term rental unit shall be considered to have two pillows for each bedroom. For calculating occupancy in short-term rentals, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered as two pillows. Studio units shall be considered to have two pillows. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an Owner- Occupied Short-term Rental Permit holder. Qualified Owner's Representative. A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen Short-term Rental Permit. For each short-term rental property, there may be only one qualified owner's representative. All qualified owner's representatives must have a business license through the City of Aspen. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not short-term rental uses. Vacation Rental. See short-term rental. Section 2. Valid 2021-2022 Permits. 2021 Vacation Rental Permits (2021 VRP) issued pursuant to Section 26.575.020 "Vacation Rentals" on or prior to December 8th, 2021, shall be deemed to be valid 2022 STR Permits and shall be valid until December 31, 2022. Valid 2022 permits may be renewed annually thereafter, subject to the terms and conditions set forth in this chapter until they are abandoned or revoked in accordance with this chapter. Valid 2022 permits which are Ordinance #09, Series of 2022 Short-term Rentals Page 3 of 14 Exhibit B: Ordinance #09, Series of 2022 177 renewed after December 31, 2022, may not be transferred to owners or properties other than that listed on the 2022 STR permit. Upon renewal, 2022 STR permits issued to a corporation, partnership, association, or company must update the permit application information to comply with the requirements of Chapter 26.530. The number of Short-term Rental -Classic (STR-C) permits as of January 1, 2023, may exceed the cap for zone districts, as defined in Chapter 26.530, until such time as they are revoked, abandoned, or otherwise eliminated. Owner - occupied Short-term Rental Permits and Lodging Exempt Short-term Rental Permits may be issued with the requirements of Chapter 26.530 beginning October 1, 2022. Section 3. Section 26.575.220 "Vacation Rentals" shall be deleted in its entirety. Section 4. Chapter 26.530 "Reserved" shall be deleted in its entirety and replaced with the following: Chapter 26.530 Short-term Rental Regulations Sec.26.530.010 Purpose Sec.26.530.020 Applicability Sec. 26.530.030 Permitting Requirements Sec. 26.530.040 Permitting Procedures and Standards Sec. 26.530.050 Occupancy and Operational Standards Sec.26.530.060 Enforcement Sec.26.530.070 Fees Sec.26.530.080 Appeals 26.530.010 Purpose The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen. STRs are an important component of the City's lodging bed base, support a vibrant tourist economy, and provide real property owners with STR permits significant financial benefit. STRs influence property value and occupancy patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging uses in residential neighborhoods. STRs require services and infrastructure to operate. STRs further reduce the potential availability of long-term rental housing to support the local economy and community. STRs require regulation as a distinct land use to ensure the health, safety, peace, and welfare of the community through the application of zoning police powers. The following regulations support the operation of STRs balanced with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan. 26. 530. 020 Applicability A. This chapter applies to all STRs in the City of Aspen. STRs are required to obtain a permit in accordance with their type and operation as defined in this section. STRs operating without a permit are subject to enforcement as defined in Section 26.530. 060 Enforcement. Ordinance #09, Series of 2022 Short-term Rentals Page 4 of 14 Exhibit B: Ordinance #09, Series of 2022 178 B. It shall be unlawful for any person, whether a principal or agent, clerk, or employee, either for him or herself, or for any other person for anybody, corporation or otherwise, to lease or operate an STR without first obtaining an STR permit in accordance with the provisions and procedures of this section. 26.530. 030 Permitting Requirements A. Permits. Any property rented as an STR shall require a permit to operate. Permits shall be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1) Permittee. Permits shall only be issued in the name of one natural person who has an ownership interest in the property for which the permit is issued ("Permittee"). 2) Permit Number. STR permits are issued a unique permit number. That permit number shall be clearly displayed in all advertising and listings of the STR, including but not limited to all digital and print advertising. The permit number must be listed in the STR, along with permittee and/or qualified owner's representative and emergency contact information as part of the in -unit Community Messaging Program described in the STR Program Guidelines. 3) Permit Application Contents. The following information is required for STR permit applications: the owner(s) of the property, the name and contact information of the proposed permittee; if title to the subject property is held by a corporation, partnership, association, or company, the name and contact information of any officer, director or stockholder holding ten percent (10%) or more of the interests in the corporation, partnership, association, or company; the property address, Pitkin County parcel identification number; Pitkin County owner name; number of bedrooms and pillows in the unit in its largest configuration; size of heated area of the STR residence, and all previous notices of code violations or complaints filed against the property. 4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit lodging and sales tax in accordance with Municipal Code regulations and Finance department policies. The STR- Program Guidelines include details about licensing and tax compliance standards and procedures. 5) Non -Transferability. Commencing October 1, 2022, STR permits shall be granted only for the property for which it is issued and solely to the permittee to whom it is issued. The permit shall not be transferable to any other person, legal entity, or residential address. If the property is owned by a partnership, corporation, association or company, a transfer shall be deemed to occur if the permittee transfers his or her interest in the property to a third -party individual or entity or if more than ten percent (10%) of the partnership, corporation, association, or company is transferred to a third -party individual or entity, even if the permittee retains an ownership interest in the property. Upon such transfer of ownership, the permit shall be deemed terminated and revoked and the new Ordinance #09, Series of 2022 Short-term Rentals Page 5 of 14 Exhibit B: Ordinance #09, Series of 2022 179 owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a vacation rental. The STR permit shall include a non - transferability clause and notice that the permit shall be deemed terminated and revoked automatically upon the sale or change of ownership of the property for which a permit has been issued, as described herein. B. Permit Types. STRs shall be eligible for one of three permit types: Short-term Rental Classic, Owner -Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The ability to obtain an STR permit is conditioned upon the permittees consent of the eligibility, requirements, and standards for each permit type as follows: 1) Short-term Rental Classic (STR-C) — this permit is issued only to residential units located in eligible zones and the approved use of which is not a Lodge use. (Condo -hotel properties must apply for a Lodging -Exempt STR permit.) a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-C permits are subject to the life -safety standards and the operational standards described in this chapter and the STR Program Guidelines. c. There is no annual limit on the number of nights an STR-C permittee may operate the STR unit. Bedrooms, lock -offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Occupancy for the unit is limited by the standards described in Section 26.530.050. 2) Owner -occupied Short-term Rental (STR-00) — this permit is issued only to owner - occupied residential units, where the property is the primary residence of the permittee. Part 700 of this Title describes the zone districts where STRs are a permitted use. a. STR-00 rental permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-00 are subject to the life -safety standards for STRs described in this chapter and the Program Guidelines, and who must have two (2) of the following valid documents indicating that the STR is the applicant's primary residence: i. valid Colorado driver's license; ii. valid motor vehicle registration; iii. voter registration; iv. Federal or state tax return; or, V. other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. 3) Lodging Exempt Short-term Rental (STR-LE) — Lodges and condo -hotels which meet the definition of Lodge are eligible for STR-LE permits. a. For eligible properties, only one permit is required for all units under management. b. In addition to the limitations of the definition of Lodge and/or Condo - hotel, Lodging Exempt eligible properties must offer STR units under a Ordinance #09, Series of 2022 Short-term Rentals Page 6 of 14 Exhibit B: Ordinance #09, Series of 2022 180 unified brand and marketing model where individual ownership of units is secondary to the central brand of the property. c. Lodging Exempt permittees must submit an affidavit attesting to their eligibility. d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210. C. Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STR is not a permitted use, it is a prohibited use. 1) STR-C permits are limited by number in specific zone districts as follows: a. RR: 2 permits; b. R-3: 1 permit; c. R-6: 81 permits; d. R-15: 47 permits; e. R-15A: 8 permits; f. R-1513: 12 permits; g. R-30: 1 permit; h. R/MF: 190 permits; i. R/MFA: 12 permits; j. AH: 9 permits; k. MU: 39 permits; 1. NC: 1 permit; m. SCI: 2 permits; n. SKI: 2 permits. 2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1), Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LP), Lodge Preservation Overlay (LO). 3) STR-00 are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted use. 4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted or prohibited use. 26.530.040 Permit Procedures and Standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. A. Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which they are located. STR permit applications shall include the Parcel Identification Number and residential Ordinance #09, Series of 2022 Short-term Rentals Page 7 of 14 Exhibit B: Ordinance #09, Series of 2022 181 address including unit number for the property to ensure compliance with underlying zoning. Zone district STR regulations, including permitted uses and cap limitations, may change over time per City Council action. Possession of an STR permit does not supersede compliance with zone district STR regulations. B. Life -safety Compliance and Inspection. 1) Required Noticing. All new STR applicants shall comply with neighborhood noticing requirements per Section 26.304.060.E.3.b-c, Manner of Notice. 2) Inspections. By signing and submitting an STR permit application, and subsequently being granted a permit, the owner(s) of the property shall consent to inspections of the property by City of Aspen personnel and their agents for the purpose of determining compliance with City Codes, Regulations and Laws. No inspection will be made without first giving the permittee and, if applicable, the qualified owner's representative, 48 hours' notice of the inspection. 3) Life -Safety. STRs are required to comply with all applicable life -safety standards in Municipal Code Title 8 and the STR Program Guidelines, as amended from time to time. Life -safety standards including: fire suppression, occupancy limitations, mechanical codes, emergency contacts and procedures, and inspections. C. Qualified Owner's Representative. Permittees who cannot meet requirement for regulatory compliance, in -person service, emergency response and other regulations in this title may designate a qualified owner's representative. A qualified owner's representative shall be a natural person residing in the Roaring Fork River Drainage area situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage area from and including the unincorporated No Name area to and including Rifle. The qualified owner's representative is designated by the permittee who is the property owner as the point of contact for the permitted STR. For permittees that designate a qualified owner's representative, the qualified owner's representative shall be responsible for responding to tenant and City inquiries, complaints, enforcement actions, and other on -site needs. 1) If a qualified owner's representative is designated for an STR, the qualified owner's representative must have a City of Aspen business license. The qualified owner's representative shall be listed on the STR permit for the property including the qualified owner's representative's name, entity or company name, telephone number, email address, and physical address. 2) STR permittees who designate a qualified owner's representative are liable for compliance with applicable Land Use Code and Municipal Code regulations. The qualified owner's representative is not legally liable for violations of this section or compliance with applicable Municipal Code regulations but is responsible for notifying the permittee when a violation has occurred. 3) The name, address, and telephone number(s) of the qualified owner's representative, as shown on the STR permit, shall be made available to the Community Development Ordinance #09, Series of 2022 Short-term Rentals Page 8 of 14 Exhibit B: Ordinance #09, Series of 2022 182 Department, the Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified owner's representative or permittees' contact information shall be promptly furnished to the City of Aspen via a revised STR permit application within ten 10) days. Failure of the permittee to provide or update the qualified owner's representative contact information to the City shall constitute an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement. 4) The permittee, or if designated, the qualified owner's representative, shall be available 24 hours a day, year-round to ensure that the property is maintained and operated as required by Land Use Code standards and the STR Program Guidelines. The permittee, or if designated, the qualified owner's representative, shall respond to service or compliance inquiries from occupants and City officials, and shall be available to be at the property within two (2) hours in an emergency. Failure of the permittee, or if designated, the qualified owner's representative, to respond to a call from a tenant or the Community Development Director within 24 hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement against the permittee. D. Permit Application, Fees, Issuance, Renewal, Revocation, and Abandonment. 1) Application. Permit applications shall be received and processed on a first come, first served basis. The Community Development Director shall deem applications complete based on the requirements of this Chapter and the standards in the STR Program Guidelines. Only complete STR permit applications shall be accepted and reviewed. 2) Fee Payment. Permit fees shall be remitted at the time of permit application and cover the cost of processing the application. Application fees are nonrefundable. 3) Neighborhood Noticing. Upon application for a new STR-C or STR-00 permit, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060.E.3.b- c. Manner of Notice. Permit renewals do not require neighborhood noticing. Permits shall be approved, approved with conditions, or denied following the notice period. STR-LE are exempt from this provision. 4) HOA Compliance. Permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application. 5) Issuance. Permits shall be approved, approved with conditions, or denied within 21 working days of the closure of the notice period described above. The Community Development Director may issue permits with conditions based on review of the permit application and public comment. The review and issuance period for individual permit applications may be extended at the direction of the Community Development Director. 6) Waitlist. Once the permit limit is reached for each zone district, applicants will be placed on a waitlist for the next available permit in the order in which the application was received. Ordinance #09, Series of 2022 Short-term Rentals Page 9 of 14 Exhibit B: Ordinance #09, Series of 2022 183 A waitlist applicant shall be a natural person. The residential address included in the waitlist application must match the residential address for which the subsequent permit is issued. Applicants who sell the property for which the permit is sought shall be removed from the waitlist. As permits become available, waitlist applications shall be reviewed and approved, approved with conditions, or denied. If the property has been found in violation of this Chapter during the waitlist period, the application shall be denied. 7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR Program Guidelines. Failure to renew a permit within fourteen days (14) of the permit expiration date shall result in the abandonment of the permit. 8) Tax Filing. STRs must be occupied by a short-term renter a minimum of once per year, as shown in tax filings to be eligible for renewal. Permits with one year of zero tax filings from the date of permit issuance or renewal will be considered abandoned and be processed in accordance with the standards in this chapter. 9) Abandonment. STR-C and STR-00 permits shall be valid for one year from the date of issuance and shall be renewed annually. Failure to renew a permit in accordance with the STR Program Guidelines will result in the abandonment of the permit. STR permits may be abandoned by perrnittees at any time by notifying the Community Development Director of the intent to abandon the permit. Abandoned permits will be made available to the next applicant on a first -come, first -served basis or the next applicant on the waitlist for that zone district in accordance with the STR Program Guidelines. STR-LE are exempt from this provision. 10) Revocation. STR permits may be revoked by the Community Development Director for any of the following reasons: three violations of the requirements of this chapter and applicable Municipal Code standards as described in the STR Program Guidelines, failure to rent the property during the term of the permit, failure to pay STR taxes and fees, or violations of the requirements of this section. 26.530.050 Occupancy and Operational Standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. A. Occupancy Limits and Unit Size. STRs are limited to a total occupancy of two occupants per bedroom plus two additional occupants, studios are limited to a total occupancy of two occupants plus one additional occupant. Permit applications are required to list the number of bedrooms in the unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit application and for compliance with these occupancy requirements. For the purpose of establishing unit occupancy, a studio shall have an occupancy of two occupants plus one additional occupant. Occupancy for each STR shall be included in all STR advertising, the in - unit messaging, and permit on display in each permitted STR. Bedrooms, lock -offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Ordinance #09, Series of 2022 Short-term Rentals Page 10 of 14 Exhibit B: Ordinance #09, Series of 2022 184 B. Annual Rental Night Limits. STR-00 are limited to 120 short-term rental nights per year from the date of permit issuance. There is no annual limit on the number of nights per year an STR-C can be rented. There is no annual limit on the number of nights per year an STR-LE can be rented. C. Good Neighbor Guide. STRs are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community and supporting the maintenance of community character and values. STR owners and permittees are required to assist STR occupants in being `good neighbors' by recognizing their obligation to following the rules and customs of the community. To support these community goals, the Community Development Department maintains the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non -governmental organizations to promote good neighbor behavior by visitors. 1) STR-C and STR-00 permittees, and if designated, their qualified owner's representatives must comply with the policies described in the City of Aspen Good Neighbor Guide and provide that information at all times to occupants of the unit. 2) In -unit messaging is essential to assisting STR occupants in supporting the City's good neighbor policies, ensuring STRs in neighborhoods support community character, and assisting in the promotion of Aspen's community character. The following notices shall be posted in a conspicuous location inside the rental unit: i. A copy of the STR-C or STR-00 permit, ii. STR license and business number, iii. The name, address, and telephone number(s) of the permittee or qualified owner's representative, iv. A statement which reads: Occupants shall comply with the City's Noise Ordinance, V. The location of the required parking spaces, vi. Wildlife protection policy, vii. The location of the fire extinguisher, viii. Information on the trash, recycling, and composting programs including: a. Solid waste pickup schedules; b. Guidelines on living with wildlife and instructions for operating wildlife containers; and c. A notice that trash and recycling containers must be stored indoors except between 6:00 AM and 6:00 PM on the day of scheduled trash or recycling pickup, where they may be placed at the curbside or in alleys. ix. City of Aspen emergency services information and contact information, X. The City of Aspen's Good Neighbor Guide D. Adoption of and Compliance with STR Program Guidelines. The City Council hereby adopts the Short-term Rental Program Guidelines. The Community Development Department shall keep on file and make available to STR permittees, and if applicable, qualified owner's representatives. These guidelines set forth the standards, procedures, and supplemental information necessary for the operation of an STR within the City of Aspen. The Ordinance #09, Series of 2022 Short-term Rentals Page 11 of 14 Exhibit B: Ordinance #09, Series of 2022 185 Community Development Director may use the guidelines as a basis for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be updated, amended, and expanded from time to time by City Council Resolution. 26.530.060 Enforcement. The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. STR permittee, and if applicable, qualified owner's representative, play an essential role in supporting and advancing these policies and supporting the City's enforcement activities. A. Complaints. Any valid complaint received regarding the STR property will first be referred to the permittee, and if applicable, qualified owner's representative for response and correction. The Community Development Director will follow up with any complaining party, the permittee, and if applicable, qualified owner's representative, for compliance or resolution. The permittee or qualified owner's representative must respond to all complaints or inquiries from City officials within 24 hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for complaints against a HOA, hotel, or condo-hotel's own guidelines outside of the City's code, rules and regulations. Failure to respond within 24 hours shall result in a notice of violation and demand to cure. All valid complaints will be recorded and kept on -file including the address, permittee, permit number, business license number associated with the complaint, and the complainer's name and contact information. B. Enforcement and Penalties. Upon receipt of a compliant, the Community Development Department shall investigate and if it is determined there are grounds to believe a violation of this Chapter or any STR rules and regulations may have occurred, the Community Development Director may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STR permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1) year permit cycle, effective upon mailing notice to the permittee's address on file. The permittee may appeal the decision to revoke the STR permit by providing notice of appeal to the Community Development Director within fourteen (14) days of the date of the decision to revoke the permit. The Administrative Hearing Officer shall hear appeals brought pursuant to this section (B). Appeals shall be governed by the procedures set forth in Section 26.316.030. 1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five -hundred dollars ($500). Each day of any violation of this section shall constitute a separate offense. 2) Civil Remedies. Ordinance #09, Series of 2022 Short-term Rentals Page 12 of 14 Exhibit B: Ordinance #09, Series of 2022 186 a. The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of this Title. b. In addition to the penalties and remedies set forth herein, an STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of this Title by the permittee of the property subject to the permit within the one (1) year. C. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a ten percent penalty for costs of collection. Any lien placed against the property pursuant to this Chapter shall be recorded with the Pitkin County clerk and recorder. 26.530.070 Fees. STR permits are assessed an annual fee per unit, remitted at the time of permit application, in accordance with the following table. Annual Administrative Fee STR-Classic: $394 STR-Owner-occupied: $394 STR-Lodaing Exempt: $148/unit Table 1: Fee Schedule 26.530.080 Appeals. Permittees may appeal decisions made by the Community Development Director in the enforcement of this chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020.D. Appeals shall be processed in accordance with Section 26.316. 030. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 20 day of May 2022. ATTEST: Nicole Henning, City Cler 794ee= Torre, Mayor Ordinance #09, Series of 2022 Short-term Rentals Page 13 of 14 Exhibit B: Ordinance #09, Series of 2022 187 FINALLY, adopted, passed and approved this 28th day of June 2022. ATTEST: Nicole Henning, City Clerk APPROVED AS TO FORM: J es R. True, City Attorney Torre, Mayor Ordinance #09, Series of 2022 Short-term Rentals Page 14 of 14 Exhibit B: Ordinance #09, Series of 2022 188 RESOLUTION #099, SERIES OF 2022 A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING CITY OF ASPEN SHORT-TERM RENTAL PROGRAM GUIDELINES WHEREAS, at their regular meeting on June 28, 2022, City Council approved Ordinance #09, Series 2022, (Ordinance #9), by a 5 to 0 vote, adopting Short-term Rental Regulations; and WHEREAS, during such regular meeting, City Council was presented with proposed Short-term Rental Program Guidelines; and WHEREAS, in the Aspen Municipal Code Section 26.530.050 D., "Adoption of and Compliance with STR Program Guidelines", adopted pursuant to Ordinance #9, such guidelines shall set forth the standards, procedures, and supplemental information necessary for the operation of a short- term rental within the City of Aspen; and WHEREAS, Section 26.530.050.D, approved pursuant to Ordinance #9, and Aspen Municipal Code Section 26.208.010.H, Powers and Duties of the City Council, allows for Council's adoption of any guidelines that will be used in a guiding or regulatory capacity by the City and allows the amendment of such guidelines by resolution of City Council; and WHEREAS, since the adoption of Ordinance #09 on June 28, 2022, staff has built the short-term rental program to support the new policy which establishes an equitable balance between the short- term rental industry, the local community, and the Aspen Area Community Plan and in so, has modified the previously proposed the Short-term Rental Program Guidelines; and WHEREAS, the adoption of the Short-term Rental Program Guidelines describes new program details that take effect October 1, 2022 to ensure compliance under the new permit regime and that standards are met to increase governmental transparency and to direct operators and owners of short-term rentals in understanding and applying the new policy; and WHEREAS, the City determined that establishing the regulations for licensing, permitting, capping, inspecting, enforcing, and establishing a fee structure for services performed for short- term rentals in this Resolution furthers and is necessary for the promotion of public health, safety, and welfare for the operation of short-term rentals; and. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That City Council hereby adopts the "City of Aspen Short-term Rental Program Guidelines," attached as Exhibit A. Exhibit C: Resolution #099, Series of 2022 189 APPROVED by the Aspen City Council at its regular meeting on September 13, 2022. Attest: Nicole Henning, City Clerk Approved as to form: ames R. True, City Attorney 73WE, Torre, Mayor Exhibit C: Resolution #099, Series of 2022 190 Resolution #137, Series of 2024 Amended Short-term Rental Program Guidelines Page 1 of 2 RESOLUTION #137, SERIES OF 2024 A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING AN AMENDED SHORT-TERM RENTAL PROGRAM GUIDELINES TO PROVIDE PROGRAM CLARITY AND PROCESS DESCRIPTION OF THE CITY OF ASPEN’S SHORT TERM RENTAL PROGRAM AS CODIFIED IN 26.530 OF THE LAND USE CODE. WHEREAS, at their regular meeting on June 28, 2022, City Council approved Ordinance #09, Series of 2022 by a 5 to 0 vote, adopting Short-term Rental Regulations; and, WHEREAS, Aspen Municipal Code Section 26.530.050.D references the “Adoption of and Compliance with STR Program Guidelines” and requires conformance with applicable guidelines for the approval of any short-term rental permit; and, WHEREAS, Aspen Municipal Code Section 26.208.010.H, Powers and Duties of the City Council, requires Council adoption of any guidelines that will be used in a guiding or regulatory capacity by the City; and, WHEREAS, following the adoption of Ordinance #09, Series of 2022, staff built the Short-term Rental (STR) Program to support the policy and regulatory outcomes of Ordinance #09, Series of 2022 that was established to equitably balance the interests of the short-term rental industry, the local community, and the Aspen Area Community Plan; and, WHEREAS, the original version of the Short-term Rental Program Guidelines, adopted with Resolution #099, Series of 2022, sought to ensure compliance under the new permit regime, improve customer understanding of the program, and to describe details of program administration for the purposes of increased transparency; and, WHEREAS, following two years of experience of managing the STR Program and working with the Short-term Rental Program Guidelines, staff has identified areas within the document that are in need of improved organization and additional clarity, and staff has drafted the amended document with these outcomes in mind; and, WHEREAS, the amended Short-term Rental Program Guidelines does not change any regulations or other codified program elements as stated in 26.530; and, WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; 191 Resolution #137, Series of 2024 Amended Short-term Rental Program Guidelines Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED: That City Council hereby adopts the amended “Short-term Rental Program Guidelines,” attached as Exhibit A. APPROVED by the Aspen City Council at its regular meeting on November 19, 2024. ____________________________ Torre, Mayor ATTEST: _____________________________ Nicole Henning, City Clerk APPROVED AS TO FORM: _____________________________ James R. True, City Attorney EXHIBIT A – Short-term Rental Program Guidelines, as amended. 192 City of Aspen | Short-Term Rental Guidelines | Page 1 Short-Term Rental Program Guidelines 11/08/24 EXHIBIT A: Short-term Rental Program Guidelines, as amended. 193 City of Aspen | Short-Term Rental Guidelines | Page 2 CONTENTS Section 1: Introduction To Short-Term Rentals Purpose & Intent ___________________________________________________________________________________________________________________ 3 Governing Law ______________________________________________________________________________________________________________________ 3 Glossary of Terms _________________________________________________________________________________________________________________ 4 Section 2: Description of Permit Types Introduction ___________________________________________________________________________________________________________________________ 5 Lodging Exempt Short-Term Rental (STR-LE) ______________________________________________________________________ 5 Owner-Occupied Short-Term Rental (STR-OO) __________________________________________________________________ 7 Classic Short-Term Rental (STR-C) _______________________________________________________________________________________ 9 Section 3: Operational Standards & Requirements Permittee Requirements _______________________________________________________________________________________________________ 11 Qualified Owner’s Representative (QOR) Requirements ____________________________________________________ 11 Pitkin County Assessor Information ______________________________________________________________________________________ 12 Occupancy Limit Information ________________________________________________________________________________________________ 13 Zone District Requirements __________________________________________________________________________________________________ 13 Supplemental Document Requirements _______________________________________________________________________________ 13 Neighborhood Notice Requirement _____________________________________________________________________________________ 14 In-Unit Messaging Requirements __________________________________________________________________________________________ 16 Non-Transferability of STR Permits ______________________________________________________________________________________ 17 STR-C Permit Waitlists __________________________________________________________________________________________________________ 17 Tax Filing (Minimum Rental) Requirement ____________________________________________________________________________ 18 Advertisement Requirements _______________________________________________________________________________________________ 18 Inspections ____________________________________________________________________________________________________________________________ 19 Permit Abandonment ____________________________________________________________________________________________________________ 19 Section 4: Enforcement Introduction ___________________________________________________________________________________________________________________________ 20 Complaints ____________________________________________________________________________________________________________________________ 20 Violations _______________________________________________________________________________________________________________________________ 21 Permit Revocation _________________________________________________________________________________________________________________ 22 Penalties ________________________________________________________________________________________________________________________________ 22 Civil Remedies _______________________________________________________________________________________________________________________ 23 Appeals __________________________________________________________________________________________________________________________________ 23 Section 5: Financial Information Business License Requirement _____________________________________________________________________________________________ 24 Monthly Tax Reporting Requirement ___________________________________________________________________________________ 24 Tax Rates, Permit and License Fees _____________________________________________________________________________________ 25 Section 6: Applying For An STR Permit How to Choose the Appropriate Permit Type ______________________________________________________________________ 26 Application Requirements by Permit Type ___________________________________________________________________________ 27 How To Submit A New Permit Application ___________________________________________________________________________ 28 How To Renew An Existing STR Permit ________________________________________________________________________________ 29 Section 7: Munirevs Software Information Introduction to Munirevs _______________________________________________________________________________________________________ 31 How to Register for a User Account _____________________________________________________________________________________ 31 User Account Information _____________________________________________________________________________________________________ 32 How to Link a User Account to an Existing Business Account _____________________________________________ 32 Notifications and Open Tasks _______________________________________________________________________________________________ 33 How to Access a Permit or License Document _____________________________________________________________________ 33 More information about the City of Aspen’s short-term rental program, including resources mentioned in this document, can be found at aspen.gov/strs. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 194 City of Aspen | Short-Term Rental Guidelines | Page 3 Section 01 INTRODUCTION TO SHORT-TERM RENTALS PURPOSE AND INTENT: A short-term rental (STR) is defined by the City of Aspen as the use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. STR properties serve an important role in supplementing Aspen’s lodging bed base, diversifying lodging options, and providing economic benefit to property owners and the community. Timeshare, hotel, motel, and bed and breakfast uses do not qualify as STR uses, and STR permits are not available for employee, affordable, or other deed or covenant restricted housing. Short-term rentals also impact the Aspen community in various ways. Resident quality of life, parking, wildlife protection, affordable housing, transportation, and City services are all impacted from the operation of STRs. Due to the potential for adverse impacts, STRs are regulated by the City to protect the health, safety, and welfare of owners, neighbors, and visitors. STR regulations also balance conflicting community needs and interests. The City of Aspen recognizes the importance of a diverse lodging bed base and is committed to updating the STR code as necessary to meet evolving community needs and priorities. Short-term rentals are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community, and supporting the maintenance of community character and values. Before renting a lodge or residential unit for any period of less than 30 days at a time, property owners are required to first obtain an STR permit and an STR business license from the City of Aspen. Purpose and Intent A short-term rental (STR) is defined by the City of Aspen as the use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. STR properties serve an important role in supplementing Aspen’s lodging bed base, diversifying lodging options, and providing economic benefit to property owners and the community. Timeshare, hotel, motel, and bed and breakfast uses do not Purpose and Intent A short-term rental (STR) is defined by the City of Aspen as the use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. STR properties serve an important role in supplementing Aspen’s lodging bed base, diversifying lodging options, and providing economic benefit to property owners and the community. Timeshare, hotel, motel, and bed and breakfast uses do not qualify as STR uses, and STR permits are not available for employee, affordable, or other deed or covenant restricted housing. Short-term rentals also impact the Aspen community in various ways. Resident quality of life, parking, wildlife protection, affordable housing, transportation, and City services are all impacted from the operation of STRs. Due to the potential for adverse impacts, STRs are regulated by the City to protect the health, safety, and welfare of owners, neighbors, and visitors. STR regulations also balance conflicting community needs and interests. The City of Aspen recognizes the importance of a diverse lodging bed base and is committed to updating the STR code as necessary to meet evolving community needs and priorities. Short-term rentals are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community, and supporting the maintenance of community character and values. Before renting a lodge or residential unit for any period of less than 30 days at a time, property owners are required to first obtain an STR permit and an STR business license from the City of Aspen. This STR Program Guidelines document is intended as an informational guide for STR owners and operators. The guide informs permit eligibility, permit application and renewal process, and compliance requirements for customers who are currently participating or considering future participation in the City’s STR program. Governing Law To the extent which information in these guidelines conflicts with the City of Aspen Municipal Code, the City of Aspen Municipal Code shall control. Nothing in these guidelines shall supersede the City of Aspen Municipal Code. Terms used herein shall have the same meaning as in the City of Aspen Municipal Code unless otherwise defined herein. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 195 City of Aspen | Short-Term Rental Guidelines | Page 4 Glossary of Terms Condo-hotel. A lodging property which meets the definition of Lodge in Section 26.104.110, Use Categories, and in which ownership of individual lodge units has been condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38-33-101, et. seq. Hotel. See definition of Lodge, Section 26.104.110 Use Categories. Motel. See definition of Lodge, Section 26.104.110 Use Categories. Lodge. See definition of Lodge, Section 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a “legal person” for the purpose of assigning certain legal rights. Owner-Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner-Occupant. For the purposes of permitting specific types of STRs, owner-occupant is a natural person whose primary residence is the City of Aspen residential property or unit for which an STR permit is sought. Permittee. A natural person who has an ownership interest of at least 10% in the property for which a City of Aspen STR permit is issued. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/ units per bedroom in an STR. Each lodge and STR unit shall be considered to have two pillows for each bedroom. For calculating occupancy in STRs, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered as two pillows. Studio units shall be considered to have two pillows. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an owner-occupied STR permit holder. Qualified Owner’s Representative (QOR). A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen STR permit. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not STR uses. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 196 City of Aspen | Short-Term Rental Guidelines | Page 5 Section 02 DESCRIPTION OF PERMIT TYPES Introduction There are three different types of STR permits offered by the City of Aspen: §Lodging Exempt Short-Term Rental (STR-LE) §Owner-Occupied Short-Term Rental (STR-OO) §Classic Short-Term Rental (STR-C) STR permits are differentiated based on the permittee’s residency, the zone district the property falls within, and whether the unit is located within a lodge property (as defined by 26.104.110 Use Categories). Each STR permit type has different regulatory and financial requirements which are described in detail in this section. Introduction There are three different types of STR permits offered by the City of Aspen: §Short-term Rental Classic Permit (STR-C) or “Classic” §Short-term Rental Owner-Occupied Permit (STR-OO) or “Owner Occupied” §Short-term Rental Lodging Exempt Permit (STR-LE) or “Lodging Exempt” STR permits are differentiated based on the permittee’s residency,the zone district the property falls within,and whether the unit is located within a lodge property (as defined by 26.104.110 Use Categories). Each STR permit type has different regulatory and financial requirements which are described in detail in this section. Introduction There are three different types of STR permits offered by the City of Aspen: §Short-term Rental Classic Permit (STR-C) or “Classic” §Short-term Rental Owner-Occupied Permit (STR-OO) or “Owner Occupied” §Short-term Rental Lodging Exempt Permit (STR-LE) or “Lodging Exempt” STR permits are differentiated based on the permittee’s residency,the zone district the property falls within,and whether the unit is located within a lodge property (as defined by 26.104.110 Use Categories). Lodging Exempt Short-Term Rental (STR-LE) Who is it for? The Lodging Exempt STR (STR-LE) permit is available to managers of lodging and condo-hotel properties which meet the definition of Lodge or Condo-hotel per Section 26.104.110, Use Categories. Some characteristics of Lodges and Condo-hotels include, but are not limited to, common reservation and cleaning services, combined utilities, and on-site, in-person management and reception services during normal business hours. Properties eligible for STR-LE permits are required to be marketed under a unified brand and marketing model where the individual ownership of units is secondary to the central brand of the property. There is no limit to the number of rental nights allowed under the STR-LE permit. Multi-family condominiumized residential properties that do not meet the definition of Lodge or Condo-hotel are not eligible for STR-LE permits and must instead apply for an STR-OO or STR-C permit. Introduction2A: Lodging Exempt Short-Term RENTAL (STR-LE) Who is it for? The Lodging Exempt STR (STR-LE) permit is available to managers of lodging and condo-hotel properties which meet the definition of Lodge or Condo-hotel per Section 26.104.110, Use Categories. Some characteristics of Lodges and Condo-hotels include, LodgingExemptShort-TermRental(STR-LE)Who is it for?The Lodging Exempt STR (STR-LE) permit is available to managers of lodging and condo-hotel p r o p e r t i e s w h i c h m e e t t h e d e fi n i t i o n o f L o d g e o r C o n d o - h o t e l p e r S e STR-LE STR-LE STR-LE 2A: Lodging Exempt Short-Term RENTAL (STR-LE) STR-LE STR-LE EXHIBIT A: Short-term Rental Program Guidelines, as amended. 197 City of Aspen | Short-Term Rental Guidelines | Page 6 Application Information Lodge or condo-hotel managers may apply for a single STR-LE permit to cover multiple units within the lodge or condo-hotel property. The STR-LE permit application must list the total number of units covered by the permit. A qualified owner’s representative (QOR) must be designated as the primary point of contact for all units covered by the permit. The QOR listed on an STR-LE permit is responsible for obtaining business licenses, filing taxes, and maintaining current information for each unit covered by the STR-LE permit. The QOR must also comply with QOR requirements described in Section 3 of this STR Program Guidelines document. A Lodging-Exempt Affidavit, available on the City’s STR website, must be submitted with each STR-LE permit application. Only one affidavit is required per STR-LE permit application. Properties eligible for STR-LE permits are not required to provide public notice of the permit application. As an alternative to the STR-LE permit, an owner of a unit within a lodge or condo-hotel property may choose to apply for a STR-C or STR-OO permit for their unit. Owners that choose to operate outside of a property’s STR-LE permit are subject to the tax obligations and program requirements of the STR permit they obtain for their property. Only one STR permit is allowed per unit. Permit Limits Unlimited numbers of STR-LE permits are available in zone districts where STRs are a permitted use. STR-LE permits are prohibited and not available for properties in the A, C, OS, P, WP, or PUB zone districts. Financial Requirements Requirements Department & Process Cost STR-LE Business License Finance; annual renewal $150/unit/year STR-LE Permit Community Development; annual renewal $148/unit/year Aggregate STR-LE Tax Finance; monthly filings** 16.3%* *Subject to change. **Late filings subject to Penalties and Interest. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 198 City of Aspen | Short-Term Rental Guidelines | Page 7 Owner-Occupied Short-Term Rental (STR-OO) Who is it for? The Owner-Occupied STR (STR-OO) permit is available to City of Aspen residents who own their property and can submit sufficient documentation proving that the property is their primary residence. Because the STR-OO permit is intended for Aspen residents who live at their property full-time, this permit type is limited to 120 rental nights per calendar year. Full-time residents that desire to rent their property for more than 120 nights per year may apply for a Classic (STR-C) permit. Application Information Applicants who wish to obtain an STR-OO permit are required to submit two forms of valid documentation indicating that the property is the permittee’s primary residence. The following are acceptable proofs of primary residence: • Valid Colorado driver’s license • Valid motor vehicle registration • Voter registration • Current federal or state tax return Documents must be issued to the proposed permittee and for the address of the STR property. Other legal documentation pertinent toward establishing primary residence may be deemed sufficient by City staff. Utility, insurance, or property tax bills are not sufficient proofs of primary residence. STR-OO permit applications also require the submission of a completed HOA Compliance Affidavit and Letter of Approval and a Self-Inspection Checklist and Affidavit. Both documents are available on the City’s STR website. STR-OO applications require detailed information about the permittee and STR property, and if the owner chooses to designate a Qualified Owner’s Representative (QOR) to manage the property in their absence, they must also include contact information for the QOR. See Section 3 of this document for details about this required information. All new STR-OO applications are subject to a 15-day neighborhood noticing period. See Section 3 for information about the neighborhood notice. STR-OO Classic Short- Term Rental (STR-C) W ho is it for? T h e S T R C l a s s i c ( S T R - C ) p e r m i t m a y b e i s s u EXHIBIT A: Short-term Rental Program Guidelines, as amended. 199 City of Aspen | Short-Term Rental Guidelines | Page 8 Permit Limits Unlimited numbers of STR-OO permits are available in zone districts where STRs are a permitted use. STR-OO permits are not available for properties within the A, C, OS, P, WP, or PUB Zone Districts. Financial Information Requirements Department & Process Cost STR-OO Business License Finance; annual renewal $150/unit/year STR-OO Permit Community Development; annual renewal $394/year Aggregate STR-OO Tax Finance; monthly filings** 16.3%* *Subject to change. **Late filings subject to Penalties and Interest. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 200 City of Aspen | Short-Term Rental Guidelines | Page 9 Classic Short-Term Rental (STR-C) Who is it for? The STR Classic (STR-C) permit may be issued to any natural person who owns a residence in the City of Aspen. Unlike the STR-OO permit, STR-C permits are available to non-owner-occupied residential properties, and proof of primary residence is not required. STR-C permits are also available to owner-occupied residences where the permittee wishes to short-term rent the property for more than 120 nights per year. Application Information The STR-C permit is available in limited quantities in certain zone districts (see STR-C Permit Cap Details on the next page). STR-C permit applications submitted for properties within capped zone districts will be subject to waitlists if the number of existing STR-C permits is equal to or above the number of available permits in the property’s zone district. STR-C permit waitlists are updated on a regular basis and available at http://www.aspen.gov/strs. STR-C permit applications require the submission of a completed HOA Compliance Affidavit and Letter of Approval and a Self-Inspection Checklist and Affidavit. Both documents are available on the City’s STR website at http://www.aspen.gov/strs. STR-C applicants must provide detailed information about the permittee and the STR property at the time of application. If the property owner does not live in the Roaring Fork Valley, they must designate a local Qualified Owner’s Representative (QOR) to manage the property in their absence. Contact information for the QOR must be included in the permit application. See Section 3 for additional details about the permittee and QOR roles. New STR-C permit applications are subject to a 15-day neighborhood noticing period. See Section 3 for information about the neighborhood notice. Permit Limits There is no annual limit on the number of nights per year an STR-C may operate. Limited numbers of STR-C permits are available for issue in certain zone districts (see next page). An unlimited number of STR-C permits are available in the L, CL, CC, and C-1 Zone Districts and Lodge and Lodge Preservation Overlay. STR-C permits are prohibited in the A, C, OS, P, WP, and PUB Zone Districts. Financial Requirements Requirements Department & Process Cost STR-C Business License Finance; annual renewal $150/unit/year STR-C Permit Community Development; annual renewal $394/year Aggregate STR-C Tax Finance; monthly filings** 21.3%* *Subject to change. **Late filings subject to Penalties and Interest. STR-C EXHIBIT A: Short-term Rental Program Guidelines, as amended. 201 City of Aspen | Short-Term Rental Guidelines | Page 10 Short-term Rental Classic (STR-C) Permit Cap Details Aspen City Council placed limits, also referred to as “caps,” on the number of STR-C permits available for issue in certain zone districts. Caps are designed to ensure zone districts function as intended and in harmony with established uses. See the chart below for information about capped zone districts. All permit types, including STR-C, are allowed with no cap in the L, CL, CC, and C-1 zone districts, and Lodge Overlay and Lodge Preservation Overlay Zones. Zone District: Number of STR-C Permits Allowed: RR – Rural Residential 2 R-3 - High Density Residential 1 R-6 – Medium Density Residential 81 R-15 – Moderate Density Residential 47 R-15A – Moderate Density Residential - A 8 R-15B – Moderate Density Residential - B 12 R-30 – Low Density Residential 1 R/MF – Residential Multi-Family 190 R/MFA - Residential Multi-Family - A 12 AH - Affordable Housing 9 MU – Mixed Use 39 NC – Neighborhood Commercial 1 SCI – Service/Commercial/Industrial 2 SKI – Ski Area Base 2 C-1 – Commercial Unlimited permits allowed CC – Commercial Core Unlimited permits allowed L - Lodge Unlimited permits allowed CL – Commercial Lodge Unlimited permits allowed Lodge Overlay Unlimited permits allowed Lodge Preservation Overlay Unlimited permits allowed A - Academic Prohibited C – Conservation Prohibited OS – Open Space Prohibited PUB - Public Prohibited P - Park Prohibited WP – Wildlife Preservation Prohibited Note: Zone district caps may be amended by Aspen City Council from time to time. All STR locations, allowable zones, permit information, and waitlist status may be found on the City of Aspen’s STR website. Classic Short-Term Rental (STR-C) EXHIBIT A: Short-term Rental Program Guidelines, as amended. 202 City of Aspen | Short-Term Rental Guidelines | Page 11 Section 03: OPERATIONAL STANDARDS & REQUIREMENTS Permittee Requirements STR permits are the legal responsibility of the permittee named in the application, including compliance with Municipal Code regulations, enforcement, and responsiveness to visitors and City staff. A permittee must have at least 10% ownership interest in the STR property. If a property is owned by an LLC, trust, or other organization, that entity must designate one of its owners to be listed as the permittee on an STR permit. Only Permittee Requirements STR permits are the legal responsibility of the permittee named in the application, including compliance with Municipal Code regulations, enforcement, and responsiveness to visitors and City staff. A permittee must have at least 10% ownership interest in the STR property. If a property is owned by an LLC, trust, or other organization, that entity must designate one of its owners to be listed as the permittee on an STR permit. Only one permittee is allowed per STR permit. The permittee must be a natural person, as distinct from a legal person, for the purposes of an STR permit application. A first and last name are required on all STR permit applications; LLC, trust, or organizational names will not be accepted. STR permits are not transferable from one permittee to another in any instance. Detailed permittee information is required on STR permit applications, including residential and mailing address, daytime and nighttime phone number, and email address. STR-LE permits are exempt from this requirement; instead, the QOR for an STR-LE property may enter their contact information in the permittee fields of an STR- LE application. Permittees must be available twenty-four (24) hours per day, year round, to ensure the STR property is maintained and operated as required by City of Aspen Municipal Code. Permittees who cannot meet the regulatory requirements for in-person service and emergency response must designate a QOR (see Qualified Owner’s Representative (QOR) Requirements). Qualified Owner’s Representative (QOR) Requirements The City of Aspen recognizes that many STR property owners live out of town, and as such, are unable to respond to concerns at the STR property in-person or in a timely manner. In other cases, property owners may simply prefer to hire an individual or property management company to operate the STR unit, even if they reside at the property or live nearby. If a property owner is either unable or unwilling to be the point of contact for the STR unit, the owner may designate a qualified owner’s representative (QOR) in their place. A EXHIBIT A: Short-term Rental Program Guidelines, as amended. 203 City of Aspen | Short-Term Rental Guidelines | Page 12 QOR is responsible for maintenance of the STR property and timely response to all inquiries, complaints, enforcement actions, and on-site needs from renters and City officials. A QOR must meet the following requirements: • The QOR must be a natural person and must hold a valid business license issued by the City of Aspen. • The QOR must physically reside in Eagle, Pitkin, Garfield, or Gunnison Counties, or within the Roaring Fork River Drainage area. • The QOR must be available twenty-four (24) hours per day, year round, to ensure that the STR property is maintained and operated as required by City of Aspen Municipal Code. • The QOR must respond to all service or compliance inquiries from renters or City officials, and they must be available to be at the STR property within two (2) hours of an emergency. • The QOR must notify the permittee if a Municipal Code violation has occurred at the STR property. Failure of a QOR to respond to a call from a renter or the Community Development Director within 24 hours shall result in a notice of violation (NOV) issued to the permittee. Only one QOR may be designated on an STR permit. Contact information for the QOR, including first and last name, email address, day and nighttime phone numbers, business license information, and company affiliation must be listed in the STR permit application. The QOR’s residential address will be verified at time of application to ensure the QOR resides within a 2-hour driving distance from the STR address. Should a permittee need to change or update the contact information for a QOR on an issued permit, they may do so by contacting strs@aspen.gov for assistance. Failure of the permittee to provide updated QOR contact information to the City within 10 days of any change shall result in a notice of violation (NOV) issued to the permittee. Pitkin County Assessor Information STR permit applications require a property’s Pitkin County Parcel ID number, Pitkin County owner’s name, number of bedrooms, and size of heated area of the residence. This information can be accessed by visiting the Pitkin County Assessor’s Property Search website and searching for the STR property. Users may search by property address, subdivision, or Parcel ID. Visit the Pitkin County Assessor’s Property Search website at: https://qpublic.schneidercorp.com/Application.aspx?AppID=1071&LayerID=26013&PageTypeID=2&PageI D=10531 EXHIBIT A: Short-term Rental Program Guidelines, as amended. 204 City of Aspen | Short-Term Rental Guidelines | Page 13 Occupancy Limit Information STR Program participants must adhere to the occupancy limits for the STR unit as listed on the issued permit. The number of permitted occupants in an STR unit depends on the number of bedrooms: • Studio units are limited to three (3) occupants. • STR units with one or more bedrooms are limited to two (2) occupants per bedroom, plus an additional two (2) occupants. • Bunkrooms are allowed two (2) occupants regardless of the number of pillows. Failure to accurately list occupancy or exceeding the posted occupancy may result in a notice of violation (NOV) issued to the permittee. Occupancy may be physically verified by City staff. Zone District Requirements Zoning requirements limit the location and number of STRs in the community. They prevent unreasonable burdens on services and impacts on neighborhoods posed by STRs. Zoning also ensures that STRs are compatible with surrounding land uses and do not harm or alter the neighborhoods in which they are located. STRs are permitted in the following zones: R-3, AH, R/MF, R/MFA, R-6, R-15, R-15A, R-15B, R-30, RR, SCI, NC, MU, SKI, L, CL, CC, and C-1 Zone Districts, including the Lodge Overlay (LO) and Lodge Preservation Overlays (LP). STRs are prohibited in the A, C, OS, P, PUB, and WP Zone Districts, and no STR permits will be issued to properties in these zones. Applications for STR permits require the applicant to list the zone district in which the STR unit is located. Applicants may use the STR Map to determine their zone district. To find a property’s zone district, use the STR Map: https://experience.arcgis.com/experience/48e993d78c324291a543b591fb082972 Supplemental Document Requirements Depending on the type of STR permit being applied for, supplemental documents such as the HOA Compliance Affidavit and Letter of Approval must be submitted to accompany the permit application form. Application requirements by permit type can be found in Section 6. All supplemental documents must be completed, signed, and dated no more than three (3) months prior to submission of an STR permit application. Permittee and/or QOR signatures on all documents must match the permittee and QOR entries in the permit application form. Signatures may be digital or hand- written. Documents with incorrect permittee or QOR names will be rejected and will result in delays for the permit application. Incomplete documents will not be accepted. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 205 City of Aspen | Short-Term Rental Guidelines | Page 14 All supplemental documents must be uploaded through the property’s Munirevs account in PDF or JPG/JPEG format. If you require assistance uploading a document in Munirevs, please contact City staff at strs@aspen.gov. To learn more about accessing Munirevs, see Section 7 of this document. The following supplemental documents are accessible through the City’s STR website: • HOA Compliance Affidavit and Letter of Approval • Self-Inspection Checklist and Affidavit • Lodging Exempt Affidavit • Public Notice Affidavit Access Supplemental Documents on the City’s STR website: http://www.aspen.gov/STRs Neighborhood Notice Requirement Why Is Public Notice Required? The intent of a neighborhood notice is to ensure that neighbors of proposed STR properties are aware of a permittee’s intention to use their property as an STR. Noticing gives neighbors an outlet through which to provide feedback about the proposed STR use at the property. Notices mailed to neighbors also provide contact information for the permittee or QOR responsible for maintaining compliance with City of Aspen regulations and requirements of the STR Program, thereby helping hold STR owners and operators accountable to being good neighbors. The STR neighborhood notice process is consistent with City of Aspen noticing requirements in Section 26.304.060(e)(3)b-c, Manner of Notice. When to Notice Applicants must provide notice after a new STR-C or STR-OO application is submitted and before it is issued. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 206 City of Aspen | Short-Term Rental Guidelines | Page 15 Once an STR-C or STR-OO permit application is received, City staff will review the application for completeness and compliance. If the review is approved, the applicant will be notified to initiate the neighborhood noticing period. Applicants should not begin the notice process until directed to do so by City of Aspen staff. Annual STR permit renewals do not require neighborhood noticing. How to Notice When an applicant is directed to complete a neighborhood notice, City staff will e-mail the Poster and Mailing notice files to the applicant. The applicant must have the Poster Notice file professionally printed as a sign made of waterproof materials, measuring no less than twenty-two (22) inches wide and twenty-six (26) inches tall, with letters measuring no less than one (1) inch tall. The applicant must secure the poster in an obvious street-facing location at the proposed STR property for a minimum of 15 days. While the poster is secured on the property, the applicant must photograph the poster, as they will need to submit the photo as one proof of notice at the end of the 15-day notice period. The applicant must also mail (or hand deliver) the Mailing Notice file to all property owners within three hundred (300) feet of the proposed STR property. This delivery of notice must be completed during the same 15-day period in which the Poster Notice is posted at the STR property. At their discretion, the applicant may include additional notes, text or graphics in addition to the Mailing Notice file. To generate a list of mailing addresses within three hundred (300) feet of an STR property, the applicant may use the “Create Mailing List” function on the Pitkin County website. Applicants should retain a copy of this mailing list as it will be a required submission at the conclusion of the notice. To create a mailing list on the Pitkin County website, follow the instructions below: • Visit https://maps.pitkincounty.com/gvh/?viewer-=ComDev • Click the “Create Mailing List” link at the left side of the screen. • Select “Search Parcels by Address” and click the “Next” button. • Begin typing the STR property address in the box, select the STR address from the dropdown menu, and click the “Next” button. • Confirm the requested distance as 300 feet and click the “Next” button. • Your mailing list will populate as both a PDF file and an Excel file. Create a mailing list by using the Pitkin County website: https://maps.pitkincounty.com/gvh/?viewer=ComDev EXHIBIT A: Short-term Rental Program Guidelines, as amended. 207 City of Aspen | Short-Term Rental Guidelines | Page 16 Proof of Notice Before a new STR permit can be issued, the applicant is required to provide proof that they have completed all steps of the public notice listed above. At the conclusion of the notice period, the applicant must complete the Public Notice Affidavit, located on the City’s STR website. The completed affidavit, photo of the Poster Notice erected on property, and copy of the mailing list used to mail the notices must be uploaded to the applicant’s Munirevs account for staff review. Upon successful completion of the Public Notice and submission of the proofs of notice, applicants can expect a final review of their permit application within 21 days or less. Finished with the public notice? Obtain the Public Notice Affidavit at: http://www.aspen.gov/STRs Submit the poster photo, mailing list, and Public Notice Affidavit through Munirevs: https://aspen.munirevs.com In-Unit Messaging Requirements Once an STR permit and business license are approved and issued, the permittee is responsible for providing the required in-unit messaging for renters to access. Emergency contacts, noise and wildlife ordinances, and days of trash pickup are printed directly onto the STR permit. Applicants are also required to produce and post a fire escape plan, as noted in the Self-Inspection Checklists and Affidavit, for their residence. Permittees must provide easy access to the following documents for renters in every STR unit: • The valid STR permit • The valid STR business license • The Good Neighbor Guide • The fire escape plan The STR permit and business license are available through the permittee’s Munirevs account. See Section 7 of this document for detailed instructions to access these documents. The Good Neighbor Guide is available for print from http://www.aspen.gov/STRs and paper copies are available for pickup in the Community Development Department at Aspen City Hall (427 Rio Grande Pl, Aspen CO 81611). The fire escape plan must be produced by the permittee or their agents. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 208 City of Aspen | Short-Term Rental Guidelines | Page 17 Non-Transferability of STR Permits STR permits are granted only for the property for which they are issued, and solely to the permittee to whom they are issued. STR permits do not transfer between people, properties, or legal entities in any instance. If a property with a valid STR permit is sold, the permit will be terminated and revoked automatically upon the sale of the property. New property owners wishing to short-term rent a property must apply for a new permit and will be subject to a neighborhood notice and waitlists for STR-C permits in capped zones. If a property with an STR permit is owned by a partnership, corporation, association, or any other legal entity, and the permittee transfers their interest in the property to a third-party individual or entity, or if more than ten percent (10%) of the partnership, corporation, association, or legal entity is transferred to a third-party individual or entity, a “transfer of ownership” shall be deemed to occur. Upon such transfer of ownership, the permit will be deemed terminated and revoked automatically, and the new owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a short-term rental. STR-C Permit Waitlists STR-C permits are issued in limited quantities in the RR, R-3, R-6, R-15, R-15A, R-15B, R-30, R/MF, R/MFA, AH, MU, NC, SCI, and SKI zone districts. See “Short-term Rental Classic (STR-C) Permit Cap Details” in Section 2 for numbers of STR-C permits available in capped zones. New STR-C permit applications submitted for properties in zone districts where the number of available STR permits has been met or exceeded may be subject to a waiting list for permits. See which zone districts currently have waiting lists for permits on the City’s STR website. To secure a position on an STR-C permit waitlist in a property’s zone district, a complete, compliant STR- C permit application must be submitted, and the STR-C permit fee must be paid at the time of submission. STR-C permit fees are nonrefundable. Waitlisted permit applications may not be transferred to any other permittee in any instance. STR-C permits in capped zones are issued on a first-come, first-served basis based on the date and time the complete, compliant application was received. City staff will notify the permittee and/or QOR on file when an STR-C permit is available based on their waitlist position. Once notified, the permittee and/or QOR has fourteen (14) days to respond to the City to accept the available STR-C permit. If no response is received by the City within fourteen (14) days of the offer, the waitlist spot will be forfeited, and the available STR-C permit will be granted to the next approved applicant on the waitlist. View STR-C permit waitlists at: http://www.aspen.gov/STRs. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 209 City of Aspen | Short-Term Rental Guidelines | Page 18 Tax Filing (Minimum Rental) Requirement Properties with STR permits must be occupied by a short-term renter a minimum of once per year, as shown in tax filings, to be eligible for annual renewal. Taxes owed for STR stays commencing between January 1 and December 31 of a given year are eligible to satisfy the minimum rental requirement for that year, so long as STR taxes are submitted by the monthly tax filing deadline for those rentals. Taxes owed for stays which span two different months must be reported for the month during which the renter took possession of the property. Taxes for December stays must be reported by the deadline in the following January to meet this requirement. Long-term rentals of thirty (30) days or more at a time do not satisfy the tax filing (minimum rental) requirement. Permits with one calendar year of $0 tax filings from the date of permit issuance or renewal will be considered abandoned. Abandoned permits for properties in capped zone districts will be made available to the next applicant on a first-come, first-served basis, or to the next applicant on the waitlist for that zone district. STR-LE permits are exempt from this provision. Should a permittee fail to meet the tax filing (minimum rental) requirement in a given year, and should the permittee wish to continue operating the property as an STR, the permittee must apply for a new permit. New permits are subject to neighborhood notices and waitlists for STR-C permits in capped zones. For more information about monthly tax filing deadlines and to learn how to file taxes for an STR account, see Section 5 “Monthly Tax Reporting.” Advertisement Requirements Each STR permit is issued with a unique permit number. The permit number must be clearly displayed in all advertisements and listings of the STR property, including but not limited to digital and printed advertisements. STR advertisements must also display the maximum occupancy as listed on the property’s STR permit. Failure to list the valid permit number or maximum occupancy as listed on the STR permit may result in the issuance of a notice of violation (NOV) to the permittee. Advertising an STR without a valid STR permit and business license will result in enforcement action. Advertising signs, logos or realtor signs shall not be permitted on any STR-C and STR-OO licensed property unless the property is listed for sale. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 210 City of Aspen | Short-Term Rental Guidelines | Page 19 Inspections By signing and submitting an STR permit application, and subsequently being granted a permit, the permittee and/or QOR consent to inspections of the STR property on an as-needed basis for the purpose of determining compliance with City codes, regulations and laws. If through a citizen complaint or audit it is determined that an inspection of the STR property is warranted, the permittee or QOR will be made aware of the intent to inspect. No inspection will be made without first giving the permittee and/or QOR forty-eight (48) hours’ notice of the inspection. Failure of a permittee or QOR to respond to a call from the Community Development Director within twenty-four (24) hours will result in a notice of violation (NOV) being issued to the permittee. If a violation of the City of Aspen Municipal Code is found through inspection, the permittee may be subject to enforcement action. Permit Abandonment Permittees may choose to abandon their STR permit due to a decision not to rent on a short-term basis, change of permit type, or sale of the STR property. STR permits may be voluntarily abandoned by sending written notice to strs@aspen.gov. At the time of permit abandonment, any current or past due taxes will be required to be paid before the account can be closed. Abandoned permits will not be reissued to the applicant until or unless a new permit application is submitted and a permit is available. Permits that do not meet requirements of Section 26.530 such as annual permit renewal and/or the minimum rental requirement will be considered abandoned by City of Aspen staff. Abandoned permits are not eligible for annual permit renewal. When an STR-C permit is abandoned in a capped zone, and a waiting list for STR-C permits exists in that zone, the permit will be made available to the applicant in the first position on the waiting list for that zone. Section 05: ComplaintsSection 05:Permittee Requirements STR permits are the legal responsibility of the permittee named in the application, including compliance with Municipal Code regulations, enforcement, and responsiveness to visitors and City staff. A permittee must have at least 10% ownership interest in the STR property. If a property is owned by an LLC, trust, or other organization, that entity must designate one of its owners to be listed as the permittee on an STR permit. Only one permittee is allowed per STR permit. The permittee must be a natural person, as distinct from a legal person, for the purposes of an STR permit EXHIBIT A: Short-term Rental Program Guidelines, as amended. 211 City of Aspen | Short-Term Rental Guidelines | Page 20 Section 04: ENFORCEMENT Complaints The City of Aspen takes enforcement of STR regulations seriously. If you have a complaint about an STR property, whether permitted or unpermitted, submit your complaint through Aspen 311 Connect. Upon receiving a complaint, City staff will investigate to determine if a violation of the City’s codes, Complaints The City of Aspen takes enforcement of STR regulations seriously. If you have a complaint about an STR property, whether permitted or unpermitted, submit your complaint through Aspen 311 Connect. Upon receiving a complaint, City staff will investigate to determine if a violation of the City’s codes, regulations, or laws is occurring. If a violation is identified, the permittee and/or QOR will be contacted for response and resolution. City staff will also follow up with the complaining party. The permittee and/or QOR must respond to all complaints or inquiries from City officials within twenty-four (24) hours of being contacted. If the complaint is from a current occupant, the permittee or QOR must respond to the occupant within two (2) hours of being contacted. Failure of a permittee or QOR to respond to inquiries from either City officials or current renters within these timeframes will result in a notice of violation (NOV) for the permittee and a demand to cure the issue. All valid complaints received for STR properties are kept on file. The City of Aspen is not responsible for complaints against HOA, hotel, or condo-hotel guidelines outside of the City’s code, rules, and regulations. The City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or HOA bylaws. To submit a complaint about an STR property, visit: https://www.aspen.gov/1380/Contact-Us-via-Aspen-311-Connect Introduction The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. The STR permittee, and if applicable, QOR, play an essential role in supporting and advancing these policies and supporting the City’s enforcement activities. Business License RequirementSection 06:Introduction The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. The STR permittee, and if applicable, QOR, play an essential role in supporting and advancing these policies and supporting the City’s enforcement activities. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 212 City of Aspen | Short-Term Rental Guidelines | Page 21 Violations City staff will take reasonable steps to communicate with STR operators when a code violation is identified; however, in cases where the permittee or QOR is either unresponsive or does not resolve the violation in a time specified by City staff, or at the discretion of the Community Development Director, an Administrative Notice of Violation (NOV) may be issued. If a permitted property receives three (3) NOVs within one (1) calendar year, the STR permit will be revoked. What Constitutes a Violation? The following offenses are grounds for the issuance of a NOV; this list is for illustrative purposes only and is not exhaustive or indicative of all violations that can occur: • Failure of a permittee or QOR to respond to a complaint or inquiry from an occupant within two (2) hours. • Failure of a permittee or QOR to respond to a complaint or inquiry from City officials within twenty-four (24) hours. • Failure to adhere to the total allowed occupancy at a unit. • Failure to adhere to rental night limits for an STR-OO permit. • Failure to clearly display the STR permit number in all advertising and listings of the STR. • Failure to provide or update QOR contact information with the Community Development Department within ten (10) days of a change. • Failure to comply with applicable life safety standards in Municipal Code Title 8. • Failure to display the STR permit, business license, or Good Neighbor Guide in the STR unit. • Failure of a permittee or QOR to assist STR occupants in being ‘good neighbors’ by recognizing their obligation to following the rules and customs of the community as described in the Good Neighbor Guide. • Failure to comply with any of the requirements in Section 26.530 or in this STR Program Guidelines document. • Advertisement of an STR without a valid STR permit and business license. Any repeat complaint or unaddressed NOV shall be referred to either the Community Development Director, City of Aspen Police Department, or the City of Aspen Attorney’s Office and investigated or prosecuted, if appropriate. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 213 City of Aspen | Short-Term Rental Guidelines | Page 22 Permit Revocation STR permits will be revoked for any of the following reasons: • Property sale or transfer of ownership. • Failure to renew a permit within fourteen (14) days of the expiration date. • Failure to remit permit fees, taxes, or pay fines within a calendar year. • Receipt of three (3) NOVs for a property within a calendar year. • Failure to rent the property for an entire calendar year (as evidenced by one (1) year of zero tax filings). Penalties Any permittee that violates or allows another to violate any section of Section 26.530 will be subject to prosecution in Municipal Court and, upon conviction, subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five hundred dollars ($500). Fines for violating any provision of the City of Aspen Municipal Code or any such ordinance are not to exceed two thousand six hundred fifty dollars ($2,650), imprisonment for up to one (1) year, or both, at the discretion of the court. Each day of any violation of City of Aspen Municipal Code or ordinance shall constitute a separate offense. The Municipal Judge is empowered in his discretion to assess court costs in an amount of up to fifty dollars ($50) against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. Whenever the judge of the Municipal Court imposes a fine for a nonviolent offense of a municipal ordinance or provision of this Code, if the person who committed the offense is unable to pay the fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the Municipal Judge may compel collection of the fine by requiring the person to post sufficient bond or collateral, requiring the person to post one (1) or more postdated checks, drafts or orders for the amount of the fine and court costs, if any; or entering a judgment in favor of the City and execute a lien based on such judgment on any chattels, lands, tenements, moneys and real estate of the person in accordance with C.R.S. art. 52 of tit. 13, for the purpose of collecting said fine and the costs incurred in collecting said fine. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 214 City of Aspen | Short-Term Rental Guidelines | Page 23 Civil Remedies The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of Section 26.530 when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of Section 26.530. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a 10% penalty for costs of collection. Any lien placed against the property pursuant to Section 26.530 shall be recorded with the Pitkin County clerk and recorder. Appeals Permittees may appeal decisions or determinations made by the Community Development Director or administrative staff in the enforcement of Section 26.530, the STR regulations. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020(d), which states, “the Administrative Hearing Officer shall have the authority to hear an appeal from any decision or determination made by an administrative official unless otherwise specifically stated in this Title.” Appeals will be processed in accordance with Section 26.316.030, Appeal Procedures. Appeals of administrative decisions or determinations must be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. This is not a comprehensive guide to the appeals process. Prior to filing an appeal, the relevant code sections must be reviewed. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 215 City of Aspen | Short-Term Rental Guidelines | Page 24 Section 05: FINANCIAL INFORMATION Business License Requirement In addition to an STR permit, an STR- specific business license is required for STR operations within the City of Aspen. Pursuant to Section 23.32.020, any entity doing business within the City of Aspen limits, either directly or indirectly, must first obtain a combined Sales Tax and Business License. For this reason, both permittee and QOR (if Business License Requirement In addition to an STR permit, an STR-specific business license is required for STR operations within the City of Aspen. Pursuant to Section 23.32.020, any entity doing business within the City of Aspen limits, either directly or indirectly, must first obtain a combined Sales Tax and Business License. For this reason, both permittee and QOR (if designated) for any STR-permitted property must obtain an STR Business License from the City of Aspen. Business licenses must be applied for and managed through a user’s Munirevs account. Business licenses are issued on an annual basis and, like STR permits, expire at the end of each calendar year. Fees for a City of Aspen business license are one hundred fifty dollars ($150) per year and are not prorated regardless of when the license is issued or when the business started. For more information about obtaining a City of Aspen business license, visit: https://aspen.gov/1386/Obtaining-A-City-of-Aspen-Business-Licen Monthly Tax Reporting Requirement Permittees are required to collect and remit all applicable taxes due from the operation of their STR through Munirevs on a monthly basis. The routine monthly deadline for submission of tax returns and/or payment is the 20th day of each month, or the following business day if a holiday or a weekend. The City of Aspen does not accept third-party tax payments from platforms such as Airbnb or VRBO. Permittees or their designated representatives must collect and remit taxes from any third-party rental platforms directly to the City of Aspen. Contact aspensalestax@aspen.gov with any questions. Tax returns and payments must be submitted through the Munirevs account for each STR property each month. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 216 City of Aspen | Short-Term Rental Guidelines | Page 25 Munirevs will send emailed reminders to submit tax returns and payments to all users associated with STR accounts each month. The software is also structured to send notification(s) if a return and/or payment is not completed by the deadline each month. Because important account notifications are sent to users associated with STR accounts in Munirevs, the City strongly recommends that permittees and/or QORs are listed as users on all STR accounts they own or operate. To grant account access to users, or to verify the users on your STR account, contact aspensalestax@aspen.gov. For more information about submitting tax filings and remitting payments, visit: https://aspen.gov/1498/MuniRevs-Tax-Filing-System---FAQ Tax Rates, Permit and License Fees PERMIT FEE BUSINESS LICENSE FEE AGGREGATED TAXES STR-C $394/year $150/year 21.3%/night* STR-OO $394/year $150/year 16.3%/night* STR-LE $148/unit/year $150/unit/year 16.3%/night* *Subject to change EXHIBIT A: Short-term Rental Program Guidelines, as amended. 217 City of Aspen | Short-Term Rental Guidelines | Page 26 Section 06: APPLYING FOR AN STR PERMIT How To Choose The Appropriate Permit Type To determine which permit type is appropriate to apply for, please follow the prompts below. Application Requirements By Permit TypeHow To Choose The Appropriate Permit Type To determine which permit type is appropriate to apply for, please follow the prompts below. Application Requirements By Permit TypeHow To Choose The Appropriate Permit Type To determine which permit type is appropriate to apply for, please follow the prompts below. Application Requirements By Permit TypeHow To Choose The Appropriate Permit Type To determine which permit type is appropriate to apply for, please follow the prompts below. Application Requirements By Permit Type The chart below indicates the information, documents, and processes that are required when applying for specific permit types. Applicants must provide the required application information and supplemental documents below at the time an STR permit application is submitted. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 218 City of Aspen | Short-Term Rental Guidelines | Page 27 Application Requirements By Permit Type The chart below indicates the information, documents, and processes that are required when applying for specific permit types. Applicants must provide the required application information and supplemental documents below at the time an STR permit application is submitted. Required Application Information STR-C Permit STR-OO Permit STR-LE Permit STR Property Address x x x Pitkin County Parcel ID Number x x x Pitkin County Owner x x x City of Aspen Zone District x x x Number of Bedrooms x x Number of Permitted Occupants x x Size of Heated Area of the Residence (sqf) x x Number of Units in Lodge Property x Parking Space Location(s) x x x Fire extinguisher Location(s) x x x Day of trash, recycle, and compost pickup x x x URL(s) of Online Advertisement(s) x x x Permittee First and Last name x x Permittee Mailing Address x x Permittee Physical Address x x Permittee Daytime and Nighttime Phone Numbers x x Permittee Email Address x x QOR First and Last Name x x QOR Mailing Address x x QOR Physical Address x x QOR Daytime and Nighttime Phone Numbers x x QOR Email Address x x QOR Entity or Company Name x x Required Supplemental Documents HOA Compliance Affidavit and Letter of Approval x x x Self Inspection Checklist and Affidavit x x x Two (2) Proofs of Primary Residence x Lodging Exempt Affidavit x Neighborhood Notice Required? *New permit applications only yes* yes* no EXHIBIT A: Short-term Rental Program Guidelines, as amended. 219 City of Aspen | Short-Term Rental Guidelines | Page 28 How To Submit A New Permit Application City of Aspen STR permits and business licenses must be applied for and managed exclusively through an online permitting and licensing software called Munirevs. Detailed instructions for using Munirevs are available in Section 7 of this document. Follow these steps to submit a new STR permit application: • Visit Munirevs and click the “New User – Register” button. Follow the detailed instructions to set up your Munirevs account. If you already have a Munirevs account, skip to step 2. • Log in to Munirevs as an “Existing User” with your account credentials. Select “I have a new business and need to apply for a license.” • Enter the STR property address in the “Business Name” field. Select the STR permit type you’d like to apply for from the “Business Type” dropdown; the choices are STR-C, STR-OO, or STR-LE. Choose your role from the dropdown; the choices are Accountant, Employee, Operator, Other, or Owner. • Follow the prompts to complete the permit application form in Munirevs. Upload the required supplemental documents to the application when prompted. Click the “Submit” button to move to the next page. If you need to save and exit the application to complete the documents, you may do so by clicking the blue “Save and Return to Business Center” button at the bottom left of the page. • Follow the prompts to pay the permit fee in Munirevs using a credit card or bank account. Click the “Submit” button. An application has been submitted when clicking the “Submit” button returns the user to the Business Center homepage and the application says “Pending Approval” in the open tasks. New permit applications are reviewed by City staff within 15 business days of the submission date. Once the application review is complete, applicants will be contacted with next steps for the application, which could include either a public notice or the addition of their application to a waitlist, depending on the permit type. New STR permits may be applied for at any time during the calendar year. STR permits expire at the end of each calendar year and must be renewed in Munirevs within 14 days of the permit expiration date to remain valid for the following year. Permits not renewed within 14 days of the permit expiration date will be considered abandoned and ineligible for renewal. Anyone may submit an application for an STR permit, however it is important to note that account notifications are sent only to the registered users on an STR property’s Munirevs account. If someone other than the permittee applies on behalf of the permittee, it is strongly recommended to add account access for the permittee and QOR once the permit has been issued. Contact strs@aspen.gov for assistance. Submit a new or renewal STR permit application in Munirevs: https://aspen.munirevs.com. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 220 City of Aspen | Short-Term Rental Guidelines | Page 29 How To Renew An Existing STR Permit All STR permits expire annually on December 31. If a permittee wishes to continue operating the STR after their permit expires, they must submit an STR permit renewal application through the Munirevs account for the property. Renewal applications become available in the “Open Tasks” of eligible Munirevs accounts on November 15 (or the following business day) each year. The annual deadline to submit STR permit renewal applications is January 14 (or the following business day). Supplemental documents must be updated and re-submitted with each STR permit renewal application. Additionally, STR-OO renewal applications require updated proofs of primary residence. All supplemental documents must be signed and dated by the required parties no more than three (3) months before the renewal deadline. STR permit renewals do not require a neighborhood notice. Follow these steps to submit an STR permit renewal application: • Log in to Munirevs as an “Existing User” with your account credentials. • Navigate to the “Open Tasks” section of your account. • Click into the STR permit renewal application available in the open tasks. • Follow the prompts to complete the permit renewal application form in Munirevs. Upload the required supplemental documents to the application when prompted. Click the “Submit” button to move to the next page. If you need to save and exit the application to complete the documents, you may do so by clicking the blue “Save and Return to Business Center” button at the bottom left of the page. • Follow the prompts to pay the permit fee in Munirevs using a credit card or bank account. Click the “Submit” button. An application has been submitted for renewal when clicking the “Submit” button returns the user to the Business Center homepage and the application says “Pending Approval” in the open tasks. STR permit renewal applications that are not submitted by the annual deadline date and in accordance with Section 26.530 are considered abandoned and are not eligible for renewal. Abandoned permits will be made available to the next applicant on a first-come, first-served basis or to the next applicant on the waitlist for that zone district. It is the permittee’s responsibility to ensure their STR permit is renewed in accordance with the permit renewal deadline each year. If the annual permit renewal deadline is missed by a permittee, and the permittee wishes to use their property as an STR, the permittee must submit a new permit application through Munirevs. New permit applications are subject to a neighborhood notice and waitlists for STR-C permits in the order the application was received. Detailed information about renewal application availability and submission deadlines is e-mailed to the addresses on file for the user accounts linked to active STR accounts in Munirevs. The City of Aspen and its EXHIBIT A: Short-term Rental Program Guidelines, as amended. 221 City of Aspen | Short-Term Rental Guidelines | Page 30 employees will not be responsible for missed account deadlines due to lack of account users or inaccurate user information. For more information about Munirevs and user accounts, see Section 7. Contact strs@aspen.gov with any questions about how to renew an STR permit. Permittee RequirementsSection 04:How To Renew An Existing STR Permit All STR permits expire annually on December 31. If a permittee wishes to continue operating the STR after their permit expires, they must submit an STR permit renewal application through the Munirevs account for the property. Renewal applications become available in the “Open Tasks” of eligible Munirevs accounts on November 15 (or the following business day) each year. The annual deadline to submit STR permit renewal applications is January 14 (or the following business day). Supplemental documents must be updated and re-submitted with each STR permit renewal application. Additionally, STR-OO renewal applications require updated proofs of primary residence. All supplemental documents must be signed and dated by the required parties no more than three (3) months before the renewal deadline. STR permit renewals do not require a neighborhood notice. Follow these steps to submit an STR permit renewal application: • Log in to Munirevs as an “Existing User” with your account credentials. • Navigate to the “Open Tasks” section of your account. • Click into the STR permit renewal application available in the open tasks. • Follow the prompts to complete the permit renewal application form in Munirevs. Upload the required supplemental documents to the application when prompted. Click the “Submit” button to move to the next page. If you need to save and exit the application to complete the EXHIBIT A: Short-term Rental Program Guidelines, as amended. 222 City of Aspen | Short-Term Rental Guidelines | Page 31 Section 07: MUNIREVS SOFTWARE INFORMATION Introduction to Munirevs Munirevs, powered by parent company GovOS, is the software the City of Aspen uses to grant STR permits, business licenses, and collect STR taxes owed to the City of Aspen. Anyone wishing to obtain an STR permit or business license must register for an account through Munirevs. Once registered and logged in, an application may be submitted for the permit or license directly though Munirevs. Once a permit or license is issued to a user, the user will perform ongoing account maintenance tasks directly through Munirevs. These tasks include submitting monthly tax returns and tax payments, submitting renewal applications for the license or permit at the end of the year, paying for permit or license renewal fees, uploading supplemental documents requested by City staff, updating information about the STR Property or QOR, and more. How to Register for a User Account To register for a user account in Munirevs, follow these steps: • Visit https://aspen.munirevs.com. • Select “Go” under the “New Users” section. • Enter the email address you’d like to register your account with. • Verify the email address you entered by opening the email sent from Munirevs. Click the link in the email. • Set up a password on the Munirevs website and complete your user profile information. Once your account is created, you will be asked if you have an existing business license OR if you have a new business and need to apply for a license or permit. For assistance with registering for a Munirevs account, contact: aspensalestax@aspen.gov. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 223 City of Aspen | Short-Term Rental Guidelines | Page 32 User Account Information Once a user has registered for a user account in Munirevs, they can either submit a new application for a permit or license, or link to an existing business account. A user may be linked to more than one business account. The ability for a single user to link to multiple business accounts is helpful in situations where one person is the QOR for multiple STR properties, or where one person is responsible for submitting applications for multiple properties, or a single accountant manages taxes for more than one STR property. In any case, it’s important that all stakeholders in any single STR business are registered as users on the Munirevs account for that property. The City of Aspen sends time-sensitive notices about permit renewals and tax filing deadlines to users linked to each STR account. Having multiple users registered for each STR account, though not required, helps ensure that notifications are received and responded to accordingly. It is strongly recommended that permittees and QORs are listed as users for all Munirevs STR accounts they are associated with. It is each user’s responsibility to ensure their e-mail address is updated in their Munirevs profile. The City of Aspen and its employees will not be responsible for missed account deadlines due to lack of account users, inaccurate user information, or non-receipt of courtesy notifications and reminders. All license, permit, and tax deadlines are outlined and enforced based on Municipal Code requirements. How to Link a User Account to an Existing Business Account If you have registered for a user account in Munirevs and want to link your user account to an existing business account for an STR property, follow these steps: • Visit https://aspen.munirevs.com and log into your user account. • Once logged in, scroll to the section of your “Business Center” that says “Manage Your Account(s).” • Click “Add or Remove accounts from your user login by clicking here.” • Click “I already have an existing business license.” Enter the account’s 6-digit license number and 6-digit activation code in the boxes. Click “lookup” to link to the account. Account numbers and activation codes are specific to each business account in the Munirevs system. If you do not know the account number and/or activation code for an account, please contact the owner/administrator of the account. For assistance finding these codes on your own account, please contact aspensalestax@aspen.gov or STRs@aspen.gov. Permission from an account owner will be required to share their activation code with any person not listed on the account. EXHIBIT A: Short-term Rental Program Guidelines, as amended. 224 City of Aspen | Short-Term Rental Guidelines | Page 33 Notifications and Open Tasks Munirevs sends e-mail “notifications” to users linked to STR business accounts. Notifications contain important information such as permit or license renewal deadlines, monthly tax reporting reminders, messages about program compliance, and more. These courtesy e-mail notifications are sent only to users linked to existing business accounts, and only to the e-mail address provided by the user in their user profile. Notifications alert users when there are “open tasks” on their STR business account(s). Open tasks are items that require the user’s attention, such as tax forms, pending applications, returned payments, or other tasks assigned by City staff that must be completed by the user. Open tasks require a prompt response from account users, and if left unattended to, could result in late fees or permit abandonment. Open tasks should always be completed immediately. If you have questions about open tasks on your account, contact aspensalestax@aspen.gov. How to Access a Permit or License Document Munirevs users linked to STR business accounts have easy access to the active permit and license documents on those accounts. To access a permit or license on a Munirevs account, follow these steps: • Visit https://aspen.munirevs.com and log into your user account. • Click “Business Center” on the top left of the screen. • Scroll down to the “Manage Your Account(s)” section and click the account you’d like to access. • Find the “Licenses” section on the right side of the screen. Click the PDF icon next to any active license or permit to access the document (note: the license must be in Active status to access the document). • Print or save the document to your device. For more Information about Munirevs, please visit: https://aspen.gov/1498/MuniRevs-Tax-Filing-System---FAQ EXHIBIT A: Short-term Rental Program Guidelines, as amended. 225 City of Aspen | Short-Term Rental Guidelines | Page 34 EXHIBIT A: Short-term Rental Program Guidelines, as amended. 226 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Lynn Rumbaugh, TDM-cp, Mobility Division Manager, THROUGH:Tyler Christoff, P.E., Director of Public Works DATE OF MEMO:November 12, 2024 MEETING DATE:November 19, 2024 RE:2025 EOTC Budget Follow Up SUMMARY: At the October 24, 2024 meeting of the Elected Officials Transportation Committee (EOTC), Aspen City Council chose not to approve the EOTC 2025 budget and work plan upon first review. To move the budget process forward, City Council requested that several clarifications be provided at its November 19 meeting. A follow up packet is attached to this memo and EOTC staff will be present on November 19 for discussion. DISCUSSION: The annual EOTC budget and work plan must be approved by each member body. At the October 24, 2024 meeting, the 2025 EOTC budget was approved by Snowmass Village and Pitkin County. The City of Aspen did not approve the 2025 budget, requesting clarifications and further information on items including specific elements of the other revenue, other expenses and professional and technical services line items as well as information on staff wages. Responses to these items are attached to this memo for review and discussion. ATTACHMENTS: Attachment A: Agenda Item Summary: 2025 EOTC Budget 227 AGENDA ITEM SUMMARY CITY OF ASPEN/ EOTC MEETING DATE: November 19, 2024 AGENDA ITEM TITLE: EOTC 2025 Budget STAFF RESPONSIBLE: Linda DuPriest, Regional Transportation Director ISSUE STATEMENT: Staff is requesting approval of the 2025 EOTC budget. In the EOTC meeting on October 24, 2024, the Pitkin County Board of County Commissioners and Town of Snowmass Village Council approved the budget. The City of Aspen Council asked for more information before approving the budget. BACKGROUND: The City of Aspen submitted a list of questions to Pitkin County regarding the 2025 EOTC budget. Those questions plus answers are as follows: Q: There was a bump in use tax revenue of $750k from budget, do we know why? A: The 2025 estimate of $775,000 in use taxes is the increase over the 2023 actual and 2024 estimate, and is based on recent trends. It is comprised of $400,000 construction use tax plus $375,000 in motor vehicle use tax. Q: What makes up the 'other revenue' line? A: Other Revenue is for the partner contributions for the Maroon Bells Management Plan. RFTA, SkiCo, and the Aspen Chamber & Resort Association will contribute $18,400 each. This revenue line offsets part of the $92,000 cost for the project, which is budgeted in the professional services line. Q: Do the salary and wages include more than Linda's time? A: No Q: Why have staff salary lines increased? A: Staff salary line increase was caused by Pitkin County’s 2024 “Placement in Range” study, which compared each employee’s placement within their salary range to the employee’s experience with their respective professional discipline. This was completed to objectively correct salary inequities and deficiencies for each employee based on their professional experience. Based on Linda DuPriest’s extensive experience in the field of transportation, her annual salary increased by $25,474, which represents a 21% increase. Q: What makes up the expenditures in the Professional and Technical Services Line item in 2024 and 2025? 228 A: EOTC Budget 2024 2025 Technical Services Aspen Country Inn 7,736 7,736 Dynamic Message Sign License 10,700 10,700 Rekor Training 0 10,000 Dynamic Message Sign Maintenance 12,051 0 EOTC Meeting Recordings 2,000 0 Total 32,487 28,436 Professional Services Brush Creek Monitoring & Management Study 100,000 75,000 Maroon Bells Implementation Plan 0 92,000 Brush Creek Restrooms Bid Planning – carry forward 50,000 50,000 Truscott Trail Design 130,028 0 Total 280,028 217,000 Q: Provide a breakdown of what makes up 'other expenditures' A: EOTC Budget 2025 Other Expenditures Contingency 200,000 Overhead 187,834 Risk Allocation 9,423 Total 397,257 RECOMMENDED ACTION: Staff recommends approval of the 2025 budget ATTACHMENTS: Pitkin County Transit Sales & Use Tax Fund 2025 Budget & Five Year Plan 229 2023 Actual 2024 Initial Budget 2024 Year-End Estimate 2025 Budget 2026 Budget 2027 Budget 2028 Budget 2029 Budget Revenues 1% Transit Sales Tax 20,800,615 20,663,501 20,663,501 21,775,758 20,904,728 21,949,964 23,047,462 24,199,835 Pass-Through of 1% Sales Tax (20,800,615) (20,663,501) (20,663,501) (21,775,758) (20,904,728) (21,949,964) (23,047,462) (24,199,835) Net 1% Transit Sales Tax - - - - - - - - 0.5% Transit Sales Tax 10,716,082 10,687,786 10,687,786 11,203,664 10,755,517 11,293,293 11,857,958 12,450,856 Pass-Through of 0.5% Sales Tax (81.04%)(8,684,313) (8,661,381) (8,661,381) (9,079,449) (8,716,271) (9,152,085) (9,609,689) (10,090,173) Net 0.5% Transit Sales Tax 2,031,769 2,026,405 2,026,405 2,124,215 2,039,246 2,141,208 2,248,269 2,360,683 Use Taxes 892,118 695,000 750,000 775,000 775,000 775,000 775,000 775,000 Intergovernmental 500,000 - - - - - - - Fees and Charges for Services 5,400 - - - - - - - Other Revenue - - - 55,200 - - - - Interest Income 530,187 461,750 461,750 507,157 455,960 522,550 494,450 554,700 Total Net Revenues 3,959,474 3,183,155 3,238,155 3,461,572 3,270,206 3,438,758 3,517,719 3,690,383 Expenditures Salaries and Wages 117,250 125,066 148,546 155,174 159,829 164,624 169,563 174,650 Employee Benefits 24,190 26,580 26,580 31,301 32,240 33,207 34,203 35,229 Health Insurance 10,598 11,642 11,642 14,552 15,280 16,350 17,495 18,720 Professional & Technical Services 18,661 32,487 32,487 28,436 29,147 29,876 30,623 31,389 Studies / Planning / Consultants 248,028 160,000 298,028 217,000 - - - - Property Services 185,973 104,500 104,500 115,500 118,388 121,348 124,382 127,492 Other Services 8,347 12,900 12,900 13,600 13,940 14,289 14,646 15,012 1,444 1,000 1,000 1,000 1,025 1,051 1,077 1,104 - - - Machinery & Equipment 5,269 252,500 252,500 - - - - - Computers & Computer Equipment - 2,000 2,000 2,000 - - - - Projects Pedestrian Access to SMV Mall - 650,000 650,000 - - - - - Brush Creek P&R FLAP Grant Match 3,198,317 500,000 500,000 1,068,355 - - - - Buttermilk Pedestrian Crossing Improv.- 250,000 250,000 250,000 - - - - WE-Cycle Site Planning - 50,000 50,000 - - - - - AABC Bike/Ped Transportation Plan - - - 200,000 - - - - Other Grants & Contributions 217,434 218,000 218,000 255,000 261,375 267,909 274,607 281,472 Other Expenditures 180,613 285,878 178,907 397,257 407,188 417,368 427,802 438,497 Total Expenditures 4,216,123 2,682,553 2,737,090 2,749,175 1,038,412 1,066,022 1,094,398 1,123,565 Transfer to Other Funds (25,000) (35,000) (35,000) - (281,649) 465,602 466,065 712,397 2,231,794 2,372,736 2,423,321 2,566,818 Beginning Available Fund Balance 8,104,305 8,570,370 9,282,767 11,514,561 13,887,297 16,310,618 Ending Available Fund Balance 8,570,370 9,282,767 11,514,561 13,887,297 16,310,618 18,877,436 Reserved for Snowmass Village 6,000,000 6,000,000 6,000,000 6,000,000 6,000,000 6,000,000 Total Fund Balance 14,570,370 15,282,767 17,514,561 19,887,297 22,310,618 24,877,436 2025 Budget & Five-Year Plan Supplies Property Annual Surplus/(Deficit) Pitkin County Transit Sales & Use Tax Fund 230