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HomeMy WebLinkAboutordinance.council.03-26ORDINANCE #03 SERIES OF 2026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST MUNICIPAL FEES INCLUDED UNDER SECTION 2.12.051 and 2.12.080 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 Flags and Banner 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. WHEREAS, Banner Fees are administered by the Engineering Department and not the Parks Department. WHEREAS, at a regular meeting on February 1 Oth, 2026, City Council by a five to zero (5-0) vote, approved Ordinance #03, Series of 2026 on First Reading; and, WHEREAS, at a regular scheduled meeting and properly noticed public hearing on March 1 Oth, 2026, Council heard a presentation from City Staff, considered public comment, and, City Council by a five to zero (5-0), approved Ordinance #03, Series of 2026 on Second Reading; and, WHEREAS, the Council finds that the adoption of this Ordinance is necessary for the preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Parks Department, is hereby amended to read as follows: Ordinance #03, Series of 2026 Amendments to the Municipal Code related to Banners and Flag Fees Page 1 of 5 Parks Use and Special Event Fees Administration Fee One -Time Park Rental $22.00 Reoccuring Park Rental $90.00 Special Event Permit $180.00 Park Rental Fee Base Rate (hourly) $32.00 Athletic Field Prep (per athletic season) $100.00 Add -On Fee: Additional Requested Athletic Paint or Prep Fee (per day) $45.00 Add -On Fee: Commercial Fee (per day) $25.00 Day Camp Use fee (annual) $100.00 Special Event Fee (per day) Daily Rate (per park, per day) $768.00 Commercial Rafting Put -in Fee (per season) $300.00 Paragliding Fees Landing Zone Fee (Per Year) $50.00 Paragliding Commercial Landing Fee $2.00 Flags and Banners on Main Streatffi-a� W-7ae Mall Space Leasing Price (PSF) 1$5.00 Filming 3-10 People $155.00 11-30 People: Still $255.00 11-30 People: Video $360.00 31-49 People: Still $360.00 31-49 People: Video $460.00 50 and Over People $870.00 Tree Fees Standalone Tree Removal Permit $150.00 And per tree $10.00 Ordinance #03, Series of 2026 Amendments to the Municipal Code related to Banners and Flag Fees Page 2 of 5 Mitigation Fee 1$46.00 Parks Development Fees Encroachment Review $180.00 Right -of -Way Review $210.00 Landscaping/Grading Review (PSF of disturbance) $0.28 Landscape/Resource Review (PSF of disturbance) $0.28 Fence Permit Review $60.00 Roofing Permit Review $100.00 That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Engineering Department Fees, is hereby amended to read as follows: Encroachment Fees Encroachment License and Application $722.00 Encroachment Fees (Minor Encroachment < 3 hrs) $107.00 Vacation Application ($325 / hr for estimated 18 hours) $6,260.00 Permanent Encroachment Fee (per permit) $1,000.00 Permanent Encroachment for Earth Retention (per cu.ft./mo.) $1.40 By commercial operations not associated with construction, including contractors and vendors (PSF/mo) $5.00 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. $9.00 Outside of the core by commercial operations associated with construction including contractors and vendors (PSF/mo) $7.00 Right -of -Way Permits Solely Sidewalk and Pedestrian Improvements $749.00 Service Lines and Telecom Utility Trenching - Asphalt Paving (may also include flatwork) $1,873.00 Main Lines Utility Trenching - (may also include service lines and flatwork) $2,301.00 Impacted ROW area greater than 5,000 SF (PSF) $1.61 Ordinance #03, Series of 2026 Amendments to the Municipal Code related to Banners and Flag Fees Page 3 of 5 Critical Public Infrastructure - Submitted by Utility Provider and not associated $749.00 Landscape and Grading Permit Engineering Development Review Fee See fee schedule Construction Mitigation Review Fee (as applicable) See fee schedule Parks Development Review Fee (as applicable) See fee schedule Zoning Hourly Review Fee (as applicable)/hr $325.00 Construction and Demolition Debris Diversion Fees and Penalties Social Cost of Carbon for C&D Materials (per ton) $495.00 Flags and Banners Single -Side Banner Fee(per banner per week 108 Light Pole Flags Fee(per flag set per week 900 Late Hang Fee delivered after noon on Friday) 50 Flags and Banners FEE WAIVERS Applications submitted for Flags and Banners by Government Agencies, Sister Cities as well as messages for Public Safety and Health are eligible, to have Flags and Banner fees waived. Section 2: 4" Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Sectinn 5! Ordinance #03, Series of 2026 Amendments to the Municipal Code related to Banners and Flag Fees Page 4 of 5 A public hearing on this ordinance was held on the 1 Oth day of March 2026, at a meeting of the Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of February 2026. AT T: Nicole Henning, City C erk FINALLY, adopted, passed and approved this Rachael chards, Mayor ATTEST: Nicole Henning, City Clerk R chael Richards, Mayor March 2026. APPROVED AS TO FORM: Kat arine A. ),on, City Attorney Ordinance #03, Series of 2026 Amendments to the Municipal Code related to Banners and Flag Fees Page 5 of 5