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HomeMy WebLinkAboutagenda.council.worksession.20170418 CITY COUNCIL WORK SESSION April 18, 2017 4:00 PM, City Council Chambers MEETING AGENDA I. Water Efficient Landscaping Standards II. Sign Code check-in P1 Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Lee Ledesma, Utilities Finance and Administrative Services Manager THRU: David Hornbacher, Director of Utilities and Environmental Health & Sustainability Scott Miller, Public Works Director DATE OF MEMO: April 14, 2017 MEETING DATE: April 18, 2017 RE: Water Efficient Landscaping Standards REQUEST OF COUNCIL: Staff requests review of the draft Water Efficient Landscaping Standards and approval to move forward with an ordinance that would adopt same. These standards outline landscaping and exterior water use policies for property owners on new construction and significant remodel projects and promote efficiency within the City of Aspen’s water service area. Staff is also requesting approval of a 12-month pilot program outlined within the draft standards with the intent to check in with Council prior to full implementation of Aspen’s Water Efficient Landscaping Standards. PREVIOUS COUNCIL ACTION: On September 28, 2015 City Council adopted the Roaring Fork Watershed Regional Water Efficiency Plan and the City of Aspen Municipal Water Efficiency Plan. In those plans, Aspen identified landscape regulations as an important next step for water efficiency. The City of Aspen received a grant from the Colorado Water Conservation Board (CWCB) in the amount of $42,515 in the spring of 2016 and Council approved the acceptance of the State grant and the creation of a new capital project for the water efficient landscape regulation project on July 11, 2016. BACKGROUND: Conservation is an important component of Aspen’s Integrated Water Supply System and effective conservation practices enable the City to manage our water supplies more efficiently. The City of Aspen has been promoting water efficiency since the mid-1990s. The City approved its first water conservation plan in 1996. Aspen’s water utility currently has limited storage and the water supply is most vulnerable from the late summer into fall when vegetation is thirsty and resulting landscape irrigation demands are still high while stream flow from melted snow pack is diminishing. This water conservation/efficiency program is focused on efficient outside water use, which helps mitigate this vulnerability. As identified in both the Regional and Municipal Water Efficiency Plans, Aspen is interested in developing water efficient landscaping standards (Landscape Ordinance) that will promote water P2 I. Page 2 of 3 conservation, prevent water waste, and protect water quality. Managing outdoor landscaping demands through land use regulations for new development is being considered throughout Colorado and would provide the City of Aspen with an opportunity to reduce some of the impact from future demands. DISCUSSION: Objectives: The water efficient landscaping standards and ordinance address landscaping material and irrigation design and practices. Specifically: climate appropriate/water-efficient vegetation and, where designated, use of firewise plant material; soil preparation and amendments; water budgets; recirculating water features and efficiency measures; landscape design plans; proper irrigation system design; correct installation of irrigation system and plantings, water efficient irrigation controllers and shut-off devices; water efficient emission technology; backflow prevention; master shut-off valves for irrigation systems; dedicated landscape meters for large systems; hydrozone requirements; stormwater management; landscape irrigation audit and approval letter; irrigation system maintenance schedule; irrigation scheduling; irrigation management; and efficient irrigation practices. Overall, these standards establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and renovated/rehabilitated projects within the Aspen water service area. Goals: • Promote the values and benefits of healthy landscapes while recognizing the need to invest in efficiency. • Establish a structure for planning, designing, installing, maintaining and managing water- efficient landscapes in new construction and renovation/rehabilitation projects. • Require better designed, more efficient, effective irrigation systems, and precise delivery of water to the landscape, reducing water needed to maintain a healthy landscape. • Use water efficiently without waste by setting an upper limit water budget and a low use goal. Applicability: The standards will apply to the following projects that use City of Aspen potable water: · Landscaping, grading, installing or disturbing hardscapes, or making additions to structures, etc. that have a disturbance area greater than 1,000 square feet and greater than 25% of the entire site. · All new construction with internal work only that demolishes more than 50% of the existing structure. Process: While the Water Efficiency Plan is being managed by the Utilities department, the creation and implementation of a landscaping regulation required coordination and time commitments from Parks, Engineering, Building, Community Development, Attorneys, Council Member Ann Mullins, Pitkin County, and Colorado Parks and Wildlife. The process took over 10 months with over a dozen stakeholder meetings and significant input from private industry involved in landscape design, landscape installation and landscape maintenance. Recommended Pilot Phase: A 12-month pilot phase is recommended. During this pilot phase the standards, including documentation, plan submittals and installation of plantings and irrigation infrastructure are required. A “Maximum Applied Water Budget,” as calculated in the Water Efficient Landscape P3 I. Page 3 of 3 Worksheet (see Appendix A of the Water Efficient Landscaping Standards), as well as issues that may arise during a post-installation site audit, will be part of the review but not part of compliance. Staff is currently recommending a maximum applied water budget of 7.5 to 8.5 gallons per square foot per irrigation season. The pilot phase will assist staff in making a final recommendation to Council at the end of the program on a maximum applied water budget. The pilot phase will also advise staff on how processes and standards may need to be adjusted at the end of the 12 months. Benefits: Depending on the final adopted water budget, implementation of the Water Efficient Landscaping Standards is estimated to reduce irrigation water demand by 2 to 14 % as compared to new plan submittals sampled in the past year. And, when compared to typical existing homes, there is a potential landscape water use savings of up 60% when these properties refresh their landscaping and irrigation systems. Using a water budget of 7.5 gallons/sq. ft./irrigation season (14% savings) would put the City on target to achieve the 2015 Water Efficiency Plan projection of a 50 acre feet per year of water savings by 2035. FINANCIAL IMPACTS: Temporary labor costs associated with review of landscaping and irrigation plans during the pilot phase are necessary and will be absorbed within the current budget and development review fee structure. Based on information from and the results of the pilot program, staff will return to Council to review costs and budgeting as may be appropriate for full implementation of the Water Efficient Landscaping Standards. RECOMMENDED ACTION: Staff recommends Council provide direction to move forward with an ordinance that would adopt the presented Water Efficient Landscaping Standards and would include a 12-Month pilot program prior to enforcement of water budget and auditing issues. Staff will present results of the pilot program to Council prior to full implementation of the Water Efficient Landscaping Standards. ALTERNATIVES: City Council could choose to not to proceed with an ordinance that would adopt Water Efficient Landscaping Standards; or direct staff to move forward with full implementation and enforcement of an ordinance that would adopt Water Efficient Landscaping Standards without a 12-Month pilot phase. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Draft Water Efficient Landscaping Standards Exhibit B – March 1, 2017 Letter of Support from Colorado Water Conservation Board P4 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY WATER EFFICIENT LANDSCAPING STANDARDS The Water Efficient Landscaping Standards provide policies, guidelines, and minimum criteria to governmental agencies, design professionals, private developers, community groups, and homeowners for all new development. These standards promote efficient development and use of water within the City of Aspen’s water service area. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY April 11, 2017 P5 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Contents 1. OBJECTIVE AND PURPOSE ..................................................................................................................... 2 1.1 Objective ....................................................................................................................................... 2 1.2 Purpose ......................................................................................................................................... 2 2. APPLICABILITY AND GENERAL PROVISIONS .......................................................................................... 2 2.1 Applicability ................................................................................................................................... 2 2.2 Exceptions ..................................................................................................................................... 2 2.3 Pilot Phase ..................................................................................................................................... 3 2.4 Variances and Existing Compliance ............................................................................................... 3 2.5 Appeals .......................................................................................................................................... 4 3. DEFINITIONS .......................................................................................................................................... 4 4. DOCUMENTATION ................................................................................................................................ 9 4.1 Landscape and Irrigation Documentation Package ...................................................................... 9 4.2 Compliance with the Landscape and Irrigation Documentation Package .................................. 10 5. LANDSCAPE CRITERIA .......................................................................................................................... 11 5.1 Soil Criteria .................................................................................................................................. 11 5.2 Non‐Living General Landscape Design Criteria ........................................................................... 13 5.3 Landscape Criteria ....................................................................................................................... 13 5.4 Landscape Plan ............................................................................................................................ 16 6. IRRIGATION SYSTEM CRITERIA ............................................................................................................ 17 6.1 Irrigation System Requirements ................................................................................................. 17 6.2 Hydrozone Requirements ........................................................................................................... 18 6.3 Irrigation Design Plan .................................................................................................................. 19 6.4 Landscape Irrigation Audit .......................................................................................................... 20 6.5 Approval Letter ........................................................................................................................... 20 6.6 Irrigation System Maintenance Schedule ................................................................................... 22 6.7 Irrigation Scheduling ................................................................................................................... 22 6.8 Irrigation Management ............................................................................................................... 23 APPENDIX A – WATER EFFICIENT LANDSCAPE WORKSHEET ...................................................................... 24 APPENDIX B – RECOMMENDED PLANT LIST ............................................................................................... 26 APPENDIX C – CITY OF ASPEN AND PITKIN COUNTY WILDFIRE HAZARD ASSESSMENT MAPS ................... 34 P6 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 1. OBJECTIVE AND PURPOSE 1.1 Objective The Water Efficient Landscaping Standards provide policies, guidelines, and minimum landscaping design, installation, maintenance, and management criteria to governmental agencies, design professionals, private developers, community groups, and homeowners for all new development. These standards promote efficient development and use of water within the City of Aspen’s water service area. Implementation of these standards fulfills certain recommendations identified in the City of Aspen’s Municipal Water Efficiency Plan (updated in 2015), the Roaring Fork Regional Water Efficiency Plan (2015), and the Roaring Fork Watershed Plan (2012). 1.2 Purpose 1.2.1 Promote the values and benefits of healthy landscapes while recognizing the need to invest water and other resources as efficiently as possible. 1.2.2 Establish a structure for planning, designing, installing, maintaining and managing water‐ efficient landscapes in new construction and renovated/rehabilitated projects. 1.2.3 Use water efficiently without waste by setting a Maximum Applied Water Budget as an upper limit for water use and reduce water use to the lowest practical amount. 2. APPLICABILITY AND GENERAL PROVISIONS 2.1 Applicability After June XX, 2017, these standards shall apply to the following projects that use City of Aspen potable water: 2.1.1 Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has a disturbance area greater than 1,000 square feet and greater than 25% of the entire site. 2.1.2 All new construction with internal work only that demolishes greater than 50% of the existing structure. 2.2 Exceptions The standards do not apply to: 2.2.1 Projects that do not have water supplied or conveyed by the City of Aspen. 2.2.2 There may be special circumstances, including but not limited to the following, in which portions of the standards shall not apply. In these circumstances, applicants shall follow the variance process described in Section 2.4 below. P7 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards a. Irrigation of public parks, sports fields, golf courses, and schools. b. Landscapes where tree preservation is required under the local tree ordinance. c. Landscapes including public right‐of‐way. d. Registered local, state or federal historical sites. e. Ecological restoration projects that do not require a permanent irrigation system. f. Mined‐land reclamation projects that do not require a permanent irrigation system. g. Stormwater treatment facilities that require irrigation. h. Wildfire mitigation areas planned to establish defensible space. 2.3 Pilot Phase A 12‐month pilot phase will begin June XX, 2017. During the pilot phase, all of the standards and documentation described in this document will be required but City will not deny a project Certificate of Occupancy for failure to meet the Maximum Applied Water Budget standard or based on results of the post‐installation site audit report. The City encourages efforts be made, to the extent possible, to meet the Maximum Applied Water Budget standard during the pilot phase. Enforcement of these standards will begin starting June XX, 2018, including inspections, audits, and certifications. 2.4 Variances and Existing Compliance 2.4.1 Variances The City may grant variances to the Water Efficient Landscaping Standards when practical difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of the standards. Requests for variances from the standards, policies, or submittal requirements of this document shall be submitted in writing with appropriate documentation and justification to the City Utilities Director. Variance requests must, at a minimum, contain the following: · Criteria under which the applicant seeks a variance; · Justification for not complying with the standards; · Proposed alternate criteria or standards to comply with the intent of the criteria; · Supporting documentation, including necessary calculations; · The proposed variance’s potential adverse impacts for adjacent landowners; and · An analysis of the variance request, signed by a qualified landscape professional or qualified irrigation design professional, depending on the topic of the request. P8 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Upon receipt of a complete application for a variance, the City Utilities Director shall prepare a statement to recommend that the variance be approved or denied or to request a modification of the proposed variance. 2.4.1 Existing Compliance The City may grant a determination of compliance for existing projects meeting the minimum standards. Requests for determination of compliance shall be submitted in writing with appropriate documentation and justification to the City Utilities Director. Requests for determination of existing compliance must, at a minimum, contain the following: · Landscape and Irrigation Documentation Package; and · Irrigation audit report performed by a third party certified landscape irrigation auditor. Upon receipt of a complete application for a determination of existing compliance, the City Utilities Director shall prepare a statement to recommend that the determination be approved or denied or to request a modification of the proposed determination. 2.5 Appeals Any appeal from an order, requirement, decision, or determination of the City Utilities Director made pursuant to the Water Efficient Landscaping Standards shall be taken within fifteen (15) days following the date of such order, requirement, decision, or determination by the filing of a written notice of appeal with the Administrative Hearing Officer. The notice of appeal shall state in detail the action appealed from, the grounds for the appeal, and the relief sought. The Administrative Hearing Officer shall, within thirty (30) days following the filing of the notice of appeal, review the record of the action taken by the City Utilities Director, and provide a decision to the Applicant in writing. The Administrative Hearing Officer may reverse or affirm wholly or partly the order, requirement, decision or determination appealed from and shall enter such order as it deems appropriate under the circumstance. 3. DEFINITIONS Application rate: the depth of water applied to a given area, usually expressed in inches per hour. Applied water: the portion of water supplied by the irrigation system to the landscape (supplemental to precipitation). Approval Letter: the document showing the project has been installed and inspected per the approved irrigation design plan. Automatic controller: a mechanical or solid state timer, capable of operating landscape irrigation stations and setting the schedule (days and length of time) for water application. P9 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Backflow prevention device: a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Check valve or anti‐drain valve: a valve located under, or incorporated within, a sprinkler head or other location within the irrigation system, to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads when the system is off. Certified irrigation designer: a person certified to design irrigation systems by an accredited academic institution, Irrigation Association’s Certified Irrigation Designer program, American Society of Irrigation Consultant’s Professional Irrigation Consultant designation or other irrigation designer program labeled by U.S. Environmental Protection Agency’s WaterSense program. Certified landscape irrigation auditor: a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program labeled by U.S. Environmental Protection Agency’s WaterSense program. Distribution uniformity: the measure of the uniformity of irrigation water over a defined area. Disturbance area: disturbance is defined by the external area of the building where the ground is disturbed which includes but is not limited to soil grading, landscaping, removing impervious area, adding impervious area, replacing impervious area, layback areas, and stock pile areas. Ecological restoration project: a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Emission device: a component of the system that disperses water to the landscape and includes sprinklers, bubblers, emitters, microsprays, etc. Established landscape: the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. Typically, most plants are established after one or two years of growth. Establishment period: the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. Evapotranspiration: the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. See below for “reference ET”. Flow meter or sensor: an inline device installed at or near the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow meters must be connected to an irrigation controller, or monitor capable of receiving flow signals and operating master valves. This combination flow meter/controller may also function as a landscape water meter or sub meter. Flow rate: the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). P10 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Graywater: untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Hardscapes: a landscape feature that is made of any durable material (pervious and non‐pervious). Hydrozone: a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non‐irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non‐irrigated hydrozone. Infiltration rate: the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). Irrigation audit: an in‐depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune‐up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit shall be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “WaterSense” labeled auditing program. Irrigation efficiency: the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Greater irrigation efficiency can be expected from well designed and maintained systems. Irrigation Design Plan: the documents including the scaled drawing plan and any required forms showing calculations that are reviewed, approved and for which a permit could be issued. Irrigation survey: an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Irrigation water use analysis: a review of water use data based on meter readings and billing data. Landscaped area: the entire parcel less the building footprint, driveways, non‐irrigated portions of parking lots, hardscapes‐ such as decks and patios, and other non‐porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. Landscaping and/or landscape improvements: plantings of grass, shrubs, trees or similar living plants, with minimal use of other ground surface treatment such as decorative rock, bark, or stone. These inert materials are allowed to be used in conjunction with live material in planting beds, but do not count toward the calculations of required landscaping and/or landscaping improvements. P11 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Landscape water meter: an inline device installed at the irrigation supply point that measures the volume of water into the irrigation system by using a flow totalizing device to record water use. Lateral line: the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Low flow irrigation or drip irrigation: the application of irrigation water at low pressure through a system of tubing or lateral lines and emitters such as point source emitters, dripper lines, microsprays and bubblers. Low flow irrigation systems apply small volumes of water slowly at or near the root zone of plants. Main line: the pressurized pipeline that delivers water from the water source to the valve or outlet. Master shut‐off valve: a lockable automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. Maximum Applied Water Budget: the upper limit of annual applied water (supplemental irrigation water) for the established landscaped area as specified in Appendix A. It is based upon the area’s reference evapotranspiration and is adjusted for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. Microclimate: the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. Mulch: any organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel, pebbles, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. New construction: for the purposes of these standards, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt. Non‐residential landscape: landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas. Operating pressure: the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation systems: systems that deliver water through the air (pop‐ups, rotors, etc.) Overspray: the water that is delivered beyond the target area. Permeable: any surface or material that allows the passage of water through the material and into the underlying soil. P12 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Project applicant: the individual or entity submitting a plan to request a permit, plan check, or design review from the City. A project applicant may be the property owner or designee including the contractor. Rain sensor or rain sensing shutoff device: a component which automatically suspends an irrigation event when it rains. Reclaimed water, recycled water, or treated sewage effluent water: treated or recycled waste water of a quality suitable for non‐potable uses such as landscape irrigation and water features. This water is not intended for human consumption. Record drawing: a set of reproducible drawings which show changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. Recreational area: areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. Reference evapotranspiration or ET: a standard measurement of environmental parameters which affect the water use of plants. ET is typically expressed as the depth of water in inches or the volume of water in gallons used by an irrigated landscape area over a period of time, as represented in Appendix A, and is based on an estimate of the evapotranspiration of a large field of four‐ to seven‐inch tall, cool‐ season grass that is well watered. Reference evapotranspiration (ETo) is used as the basis of determining the Maximum Applied Water Budget. One inch is approximately 0.623 gallons per square foot. Remote control valve: a device used to control the flow of water in the irrigation system. Residential landscape: landscapes surrounding single or multifamily homes such as duplexes. Runoff: water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), run times are set too long or a valve is stuck open, when there is a severe slope, etc. Smart irrigation controller: an automatic timing device with nonvolatile memory used to remotely control valves that operate an irrigation system. Smart irrigation controllers are able to self‐adjust and schedule irrigation events using either evapotranspiration (weather‐based), soil moisture data or flow data or a combination of methods. Soil moisture sensing device or soil moisture sensor: a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. Sprinkler head: a device that sprays water through a nozzle. Static water pressure: the pipeline or municipal water supply pressure when water is not flowing. P13 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Station: typically an area served by one valve; for very large properties, a station could control two or more valves in a given “zone”. Sub meter: a metering device to measure water applied to the landscape that is installed after the primary utility water meter. Turf or turfgrass: a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, fescue, and Tall fescue are cool‐season grasses. Bermudagrass, Blue Grama, and Buffalo grass are warm‐season grasses. Valve: a device used to control the flow of water in the irrigation system. Watering window: the period in which irrigation is allowed (e.g. time of day, days of the week, amount over a period of a week, etc.). Zone: typically, an area served by a single control valve, sometimes referred to as a “station”. Zones are comprised of plant materials and soil types with similar water requirements. 4. DOCUMENTATION The following documentation is required for all projects subject to the Water Efficient Landscaping Standards. The City of Aspen reserves the right to conduct audits as deemed necessary, at the expense of the customer, if there is indication that the criteria have not been followed. 4.1 Landscape and Irrigation Documentation Package The Landscape and Irrigation Documentation Package shall include the following six (6) elements: 4.1.1 Checklist of all documents in Landscape and Irrigation Documentation Package. 4.1.2 Project information a. Date b. Project contacts for the project applicant, landscape and irrigation system installer, and property owner c. Project address (if available, parcel and/or lot number(s)) d. Total landscape area and total irrigated area (square feet) e. Project type (e.g., new, rehabilitated, public, private, homeowner‐installed) f. Water supply type (e.g., potable, recycled, well) P14 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards g. For Pitkin County residents only: Recorded Site Plan and Activity Envelope. 4.1.3 Applicant signature and date with statement, “I agree to comply with the requirements of the Water Efficient Landscaping Standards and submit a complete Landscape and Irrigation Documentation Package”. 4.1.4 Water Efficient Landscape Worksheet 4.1.5 Landscape Design Plan with Soil Information a. All applicable soil criteria and standards shall be noted on the landscape design plan. b. A soil analysis report and associated information shall be provided if the project applicant chooses to appeal the standard soil amendment criteria. 4.1.6 Irrigation Design Plan 4.2 Compliance with the Landscape and Irrigation Documentation Package 4.2.1 Prior to construction, the City of Aspen shall: a. Provide the project applicant with the standards and procedures for permits, plan checks, or design reviews. b. Review the Landscape and Irrigation Documentation Package submitted by the project applicant. c. Approve or deny the Landscape and Irrigation Documentation Package. d. Issue a permit or approve the plan check/design review for the project applicant. 4.2.2 Prior to construction, the project applicant shall: a. Submit a Landscape and Irrigation Documentation Package to the City of Aspen. b. Receive the authorization to proceed. 4.2.3 Upon approval of the Landscape and Irrigation Documentation Package by the City of Aspen, the project applicant shall: a. Receive a permit or approval of the plan check or design review and retain record to include the date of the permit in the Approval Letter. P15 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards b. Submit a copy of the approved Landscape and Irrigation Documentation Package along with the record drawings, and any other information to the property owner or his/her designee. 5. LANDSCAPE CRITERIA Unless otherwise specified, the criteria within this section shall apply to all applicable projects. The City of Aspen reserves the right to conduct inspections as deemed necessary, at the expense of the project applicant, if there is indication that the criteria have not been followed. 5.1 Soil Criteria 5.1.1 Soil Amendment a. Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a sandy loam to a depth of at least 6 inches (6”) containing at least 5 percent (5%) organic matter by volume. b. Tree soil should have a minimum depth of 3 feet (3’). Both topsoil and subsoil layers shall be sandy loam. The top soil shall be at least 6 inches (6”) and have 5 percent (5%) organic matter by weight and subsoil shall have at least one to three percent (1 ‐ 3%) organic matter by weight. c. A minimum of four (4) cubic yards of organic matter soil amendment per one‐thousand square feet of landscaped area shall be required as necessary to meet the 5 percent (5%) organic matter specification. d. Soil amendment organic matter shall consist of either Class I and Class II compost. e. Soil Evaluation and Improvement The following soil evaluation procedure may be utilized if the project applicant chooses to appeal the standard soil amendment criteria and/or if the City of Aspen requires verification of the soil amendment. The soil evaluation determines the condition of the soil related to texture, acidity, salts, and plant nutrient availability. i. The applicant must discuss the appeal with the City of Aspen to determine the procedures and submittal requirements. ii. The applicant shall submit an explanation in narrative form explaining the appeal and attach any information including site‐specific data and the following soil analyses: (a) A soil analysis shall be conducted by a professional soil scientist at a certified soils laboratory. P16 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards (b) Soil sample(s) shall be taken after over‐lot grading, if applicable, and prior to landscaping. (c) The soil sample must represent a uniform area. Differences in texture (sand, silt, clay), color, slope, degree of erosion, drainage, past management practices, types of plant materials designed for each area should be taken into account when collecting the sample. The soil scientist shall determine the sample sites, depth and frequency necessary to reflect a representative sample of the site and to coincide with the plant material intended for the area in the design. Recommended sampling frequency is no less than one (1) sample per five‐thousand (5,000) square feet. Any sampling less than this frequency shall be justified by the soil scientist. (d) The soil analysis shall determine the organic and inorganic composition of native/indigenous soil in landscaped areas, and shall include: · Soil texture; · Total exchange capacity; · Conductivity; · Organic matter; · Acidity; and · Content of nitrogen (NO3, Phosphorus, Potassium, Zinc, Iron, Copper, Manganese and Lime). iii. The soil analysis shall include specific recommendations based on the soil test results for the type of plant material to be grown in each landscaped area. The type and volume of soil amendment shall be determined by the soil scientist and be consistent with the indigenous soil and the needs of the plant materials in each area of the landscape. iv. Upon receipt of the information, the City of Aspen shall approve or deny the soil amendment. If the amendment is denied, the City of Aspen shall provide information to the project applicant regarding additional requirements. 5.1.2 Soil Preparation a. Amendment shall be tilled to a minimum depth of six inches (6”). b. Site shall be graded to within two‐tenths of a foot (2/10th’) of the grading plan. c. Site shall be free of rocks and debris over one inch (1”) diameter in size. Rocks and debris 0.5 inch (0.5”) to one inch (1”) shall not exceed 5 percent (5%) by volume and gravel 0.6 inch (0.6”) to 1.25 inches (1.25”) shall not exceed 5 percent (5%) by volume. Particles such as concrete, brick, glass, metal, wood or plastic greater than one inch (1”) shall not be allowed. The total volume of these materials smaller than one inch (1”) shall not exceed 5 percent (5%). P17 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards d. Site shall be free of dirt clods over three‐quarter inch (3/4”) diameter in size. Dryland seed areas may contain dirt clods up to two inch (2”) diameter in size. i. Stockpiling ‐ Stripping and stockpiling of indigenous soil (topsoil) shall be required during construction (except as waived by the City of Aspen). The replacement of this soil, plus additional soil amendments, are critical to successful plant material establishment, ongoing health, and efficient use of water through the life of the project. e. The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that impact plant growth or exceed the EPA’s standards for soil contaminant. f. All applicable soil criteria and standards shall be noted on the landscape design plan. Written verification of approved soil amendment type and volume is required. Projects with inadequate soil amendment and preparation will not be approved. 5.1.3 Soil Inspection a. Soil inspections prior to installation of plant material may be conducted by the City of Aspen as deemed necessary and shall include a review of adherence to all criteria and performance standards. b. Written documentation reflecting approved volume and type of soil amendment is required upon inspection. 5.2 Non‐Living General Landscape Design Criteria 5.2.1 Organic Mulch a. Shall be applied at one (1) cubic yard per eighty (80) square feet at a depth of four (4) inches, and as appropriate to each species. b. Shall be applied to the soil surface, not against the plant stem or high against the base of trunks to minimize disease. c. Organic mulch material includes bark and wood chips. Avoid mulch consisting of construction debris such as pallets. 5.2.2 Inorganic Mulch a. Inorganic mulch includes rock, gravel, or pebbles. b. Rock mulch shall have a minimum depth of two inches (2”). 5.3 Landscape Criteria P18 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 5.3.1 Plant Material1 a. All irrigated landscaped areas must be included in the water budget calculation and the total irrigation water need for all zones cannot exceed the Maximum Applied Water Budget of XX gallons/season/square‐foot of irrigated landscape area (YY inches/season) [note: the City is currently considering a maximum budget of 7.5 to 8.5 gal/sf/season or approximately 12 to 13.6 inches/season]. Aside from the use of invasive and/or noxious plant species, any plant can be utilized in the landscape plan. The City of Aspen Recommended Plant List provides water use categories that can be used for calculating the plant water need. An estimate of the plant water need, in gallons per square foot per season, must be provided for any plants that are not currently included in the recommended plant list. See Appendix A for details regarding the Maximum Applied Water Budget calculation and Appendix B for the Recommended Plant List. b. Each hydrozone shall have plant materials with similar water use. c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, soils, and topographical conditions of the project site. To encourage the efficient use of water, the following are highly recommended: i. Selection of plants from the Recommended Plant List included in Appendix B, in keeping with the character of the community, and particularly water‐conserving plant and turf species. ii. Protection and preservation of native species and natural vegetation. iii. Selection of plants based on disease and pest resistance. iv. The use of invasive and/or noxious plant species is strongly prohibited2. v. Selection of trees based on applicable local tree ordinance or tree shading guidelines. vi. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines). 1 See also: Pitkin County Revegetation Guide http://pitkincounty.com/documentcenter/view/2937; Pitkin County Riparian Revegetation Guide http://www.pitkincounty.com/DocumentCenter/View/2938; and Pitkin County Approved Seed Mixes http://pitkincounty.com/DocumentCenter/View/2936. 2 See: Pitkin County Noxious List & Weed Management Plan http://pitkincounty.com/430/Noxious‐Weed‐ Information; P19 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards vii. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d. Turf is not allowed on slopes greater than twenty‐five percent (25%) where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). e. Avoid fire‐prone plant materials and highly flammable mulches. See Appendix B for a recommended list of plants to best prepare for wildfire3 and Appendix C for the City and Pitkin County Wildfire Hazard Assessment Maps. i. A landscape design plan for projects in fire‐prone areas shall address fire safety and prevention. ii. All landscape plantings for properties located in the Moderate or High Wildfire Hazard zone of the City must be firewise (see Appendices B and C). iii. Properties located outside of the City limits should consult with Pitkin County. f. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not include conditions that have the effect of prohibiting the use of low‐water use plants as a group. 5.3.2 Water Features a. Recirculating water systems shall be used for water features. b. Where available, recycled water is recommended as a source for decorative water features. c. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. d. Pool and spa covers are highly recommended. 5.3.3 Stormwater Management a. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best 3 See: City of Aspen Firewise Plant Materials recommendations: http://www.aspenpitkin.com/Portals/0/docs/City/wildfire/FireWise%20Information_Landscaping‐ Plants%20(2).pdf P20 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards management practices into the landscape and grading design plans to minimize runoff and to increase on‐site retention and infiltration are encouraged. b. Project applicants shall refer to the City of Aspen for information on any applicable stormwater ordinances and stormwater management plans. 5.4 Landscape Plan The landscape design plan, at a minimum, shall: 5.4.1 Delineate and label each hydrozone by number, letter, or other method. 5.4.2 Identify each hydrozone as low, moderate, or high water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation. 5.4.3 Identify recreational areas. 5.4.4 Identify areas permanently and solely dedicated to edible plants. 5.4.5 Identify areas irrigated with recycled water. 5.4.6 Identify type of mulch and application depth. 5.4.7 Identify soil amendments, type, and quantity. 5.4.8 Identify type and surface area of water features. 5.4.9 Identify hardscapes (pervious and non‐pervious). 5.4.10 Identify location and installation details of any applicable stormwater best management practices that encourage infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to: i. Infiltration beds, swales, and basins that allow water to collect and soak into the ground. ii. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants. iii. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. 5.4.11 Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.). P21 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 5.4.12 Contain the following statement: “I have complied with the criteria of the Water Efficient Landscaping Standards and applied them for the efficient use of water in the landscape design plan”. 5.4.13 The signature of a licensed landscape architect, or licensed/certified landscape contractor. 6. IRRIGATION SYSTEM CRITERIA This section applies to landscaped areas requiring permanent irrigation. For the efficient use of water, an irrigation system shall be planned and designed according to the most current version of the Landscape Irrigation Best Management Practices, by the Irrigation Association and the American Society of Irrigation Consultants. 6.1 Irrigation System Requirements 6.1.1 Backflow prevention devices shall be required to protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. 6.1.2 Manual shut‐off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply and to isolate sections of mainline on larger systems, to minimize water loss in case of an emergency (such as a main line break) or routine repair. 6.1.3 Master shut‐off valves (lockable) and flow sensors, integrated with the automatic irrigation controller are required on all projects. i. City of Aspen staff reserve the right to operate this valve in times of water shortage or for non‐compliance with the City’s Water Shortage Ordinance or Water Efficient Landscaping Ordinance. 6.1.4 Dedicated landscape water meters/sub‐meters shall be installed for all non‐residential irrigated landscapes of 5,000 square feet or more. 6.1.5 Smart irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense Program or with published reports posted on the Smart Water Application Technologies website are recommended for residential projects and required for all non‐residential projects. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. 6.1.6 Sensors (e.g., rain, freeze, wind, and/or soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present shall be required on all irrigation systems. 6.1.7 The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non‐targeted areas, such as adjacent property, non‐irrigated areas, hardscapes, roadways, or structures. Restrictions P22 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards regarding overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non‐permeable surfaces are designed and constructed to drain entirely to landscaping. 6.1.8 Minimum pop‐up height for sprinklers in turfgrass areas shall be six inches (6”). 6.1.9 Check valves or anti‐drain valves are required on all sprinkler heads. 6.1.10 The irrigation system shall be designed to ensure that the operating pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. a. To control excessive pressure above the required operating pressure of the irrigation system emission devices, pressure‐regulating devices such as valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, or other devices shall be installed to meet the required operating pressure of the emission devices. b. If water pressure is below the required operating pressure of the emission devices, then a booster pump shall be installed so that emission devices shall operate at the manufacturer’s recommended pressure. c. The pressure and flow measurements shall be identified at the design stage and verified prior to the installation of the system. 6.1.11 All irrigation emission devices shall meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802‐2014 “Landscape Irrigation Sprinkler and Emitter Standard” authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third‐party. 6.1.12 The design of the irrigation system shall conform to the hydrozones of the landscape design plan. 6.1.13 Sprinklers within a zone shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. 6.1.14 Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. Spacing must achieve head‐to‐head coverage. All sprinkler heads installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802‐2014 standard. 6.1.15 The irrigation system must be designed and installed to meet, at a minimum, any water windows or restrictions for operation such as day of the week and hours of the day. 6.2 Hydrozone Requirements P23 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 6.2.1 Each remote control valve shall irrigate a hydrozone with similar microclimate, soil conditions, slope, and plant materials with similar water demand. 6.2.2 Relevant soils information such as soil type and infiltration rate shall be utilized when designing irrigation systems. 6.2.3 Narrow or irregularly shaped areas, including turfgrass areas, less than ten feet (10 ft) in dimension in any direction shall not utilize overhead sprinkler irrigation. 6.2.4 Slopes greater than twenty‐five percent (25%) shall not use sprinklers with an application rate exceeding 0.75 inches per hour. Exception: If the irrigation designer specifies an alternative design or technology and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion shall be confirmed during the irrigation audit. 6.2.5 Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plants and soil type within that hydrozone. Individual hydrozones that mix high and low water use plants shall not be permitted. 6.2.6 In mulched planting areas, the use of low flow irrigation is required for any vegetation that will exceed twelve inches (12”) mature height. 6.2.7 Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. 6.2.8 Hydrozone areas shall be designated by number, letter, or other designation on the landscape design plan and irrigation design plan. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve designation in the Hydrozone Information Table (see Appendix A). This table can also assist with the irrigation audit and programming the controller. 6.2.9 Source water, such as non‐potable water should be considered. 6.3 Irrigation Design Plan An irrigation design plan meeting the following design criteria shall be submitted for review and approval by the City of Aspen. 6.3.1 Plan Requirements The irrigation design plan, at a minimum, shall contain: a. A scaled plan showing property lines, easements, existing or proposed structures, impervious surfaces, and existing natural features. b. Location and size of the point of connection to the water supply and meter locations along with static water pressure at the point of connection to the water supply and dynamic water pressure for proper system operation. P24 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards c. Reclaimed/recycled water or alternative water sources such as gray water shall comply with local plumbing codes including marking of pipes and system components. d. Location, type and size of all components of the irrigation system, including backflow preventer, flow sensor, master valve, smart irrigation controllers, main and lateral lines, manual valves, remote control valves, sprinkler heads, moisture sensing devices, rain switches, on‐site weather monitoring sensors, quick couplers, pressure regulators. e. An irrigation legend showing the identification of irrigation components. f. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each irrigation zone. g. Installation details for each of the irrigation components. h. Designer statements and signature: i. The following statement: “I have complied with the criteria of the Water Efficient Landscaping Standards and applied them accordingly for the efficient use of water in the irrigation design plan.” ii. The signature of a qualified irrigation professional such as licensed landscape architect with irrigation credentials, certified irrigation designer, or licensed/certified landscape contractor. 6.4 Landscape Irrigation Audit 6.4.1 All landscape irrigation audits shall be conducted by a third party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. 6.4.2 The project applicant shall submit an irrigation audit report with the Approval Letter request to the City of Aspen. The irrigation audit report shall include, but is not limited to: inspection; system tune‐up; system test with distribution uniformity; reporting overspray or run off that causes overland flow; and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. 6.4.3 The City of Aspen may administer programs that include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Budget. 6.5 Approval Letter P25 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 6.5.1 Proper installation and management of the irrigation system shall conform to the approved irrigation design plan. 6.5.2 The Approval Letter request shall include the following six (6) elements: a. Project information sheet that contains: i. Date. ii. Project name. iii. Project address and location. iv. Project applicant name, telephone, and mailing address. v. Property owner name, telephone, and mailing address. b. Certification by the irrigation designer and the licensed landscape/irrigation contractor that the irrigation system has been installed per the approved irrigation design plan. c. Record drawings (as‐builts), provided in electronic format, showing all changes from the approved plan shall be included with the certification. d. A diagram of the irrigation system showing hydrozones and the irrigation scheduling parameters used to set the controller shall be kept with the irrigation controller for subsequent management purposes. e. Irrigation system maintenance schedule. f. Irrigation audit report. 6.5.3 The project applicant shall: a. Submit the signed Approval Letter to the City of Aspen for review. b. Ensure that copies of the Approval Letter are submitted to the City of Aspen and property owner or his or her designee. 6.5.4 The City of Aspen shall: a. Receive the signed Approval Letter from the project applicant. b. Approve or deny the Approval Letter. If the Approval Letter is denied, the City of Aspen shall provide information to the project applicant regarding reapplication, appeal, or other assistance. P26 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards 6.6 Irrigation System Maintenance Schedule 6.6.1 Irrigation systems shall be maintained to ensure proper operation and function for water use efficiency. A regular maintenance schedule shall be submitted with the Approval Letter. 6.6.2 A regular maintenance schedule shall include, but not be limited to, routine inspection, auditing, adjustment and repair of the irrigation system and its components. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 6.6.3 Repair of all irrigation equipment shall be done with the originally installed components. If equipment components with greater efficiency are used in replacement, the entire zone must be changed to maintain consistency. 6.6.4 Project applicants are encouraged to implement sustainable or environmentally‐friendly practices for overall landscape maintenance. 6.7 Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 6.7.1 Irrigation scheduling shall be regulated by smart irrigation controllers that utilize evapotranspiration data or soil moisture data. 6.7.2 Overhead irrigation shall be scheduled between 6:00 p.m. and 8:00 a.m. unless weather conditions prevent it or an alternate schedule is declared under the City’s Water Shortage Ordinance4. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 6.7.3 Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. The plant establishment period. b. The established landscape. c. Temporarily irrigated areas. 6.7.4 Each irrigation schedule shall consider for each station all of the following that apply. a. Irrigation interval (days between irrigation). b. Irrigation run times (hours or minutes per irrigation event to avoid runoff). 4 See: City Municipal Code Sec. 25.28.010. P27 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards c. Number of cycle starts required for each irrigation event to avoid runoff. d. Amount of applied water scheduled to be applied on a monthly basis. e. Application rate setting. f. Root depth setting. g. Plant type setting. h. Soil type. i. Slope factor setting. j. Shade factor setting. k. Irrigation uniformity or efficiency setting, based on audit information. 6.8 Irrigation Management 6.8.1 Irrigation management includes planning water use, monitoring water use, and verifying that equipment is maintained and properly adjusted for optimal performance. 6.8.2 As the landscape matures, adjustments to the system should be in harmony with the original intent of the irrigation design. 6.8.3 Scheduling of irrigation events should match the needs of the plants to maintain health, appearance and meet the function of the landscape. P28 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards APPENDIX A – WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is completed by the project applicant and is a required element of the Landscape and Irrigation Documentation Package. SECTION A. GALLONS OF WATER NEEDED BY PLANT CATEGORY AND IRRIGATION TYPE The specific irrigation water needs of each hydrozone in the design should be determined using the following formula and factors: Irrigation Water Budget = [(ETo × Plant Factor) – Re] × Irrigated Area ÷ Irrigation Efficiency × 0.623 Where: ETo = Reference Evapotranspiration = 27.4 inches/season (May through September) Re = Effective Precipitation = 6.8 inches/season (May through September) Irrigated Area = hydrozone area in square feet Water Use Plant Irrigation Default Category Factor Method Efficiency Cool‐Season Turf 0.90 Overhead 75% High 0.80 Drip 90% Medium 0.65 Low 0.40 Very Low 0.25 SECTION B. HYDROZONE INFORMATION TABLE AND WATER BUDGET CALCULATION Complete the hydrozone table for each hydrozone. Use as many rows as necessary to provide the square footage of landscape area per hydrozone. AVERAGE IRRIGATION WATER NEED ALL ZONES*: ________________ gal/sf/season *The average must be less than the Maximum Applied Water Budget of XX gal/sf/season. [note: the City is currently considering a maximum budget of 7.5 to 8.5 gal/sf/season] Total area of irrigated public right‐of‐way: ________ sq‐ft Total area of non‐irrigated landscape:________ sq‐ft Hydro‐ zone ETo (in/season) Plant Water Use Category Plant Factor Re (in/season) Irrigation Method Irrigation Efficiency Hydrozone Area (sq‐ft) Irrig Water Need (gal/season) TOTAL P29 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards An example is provided below. Example Hydrozone Information Table and Water Budget Calculation: AVERAGE IRRIGATION WATER NEED ALL ZONES*: 7.3 gal/sf/season Total area of irrigated public right‐of‐way: 0 sq‐ft Total area of non‐irrigated landscape: 300 sq‐ft Hydro‐ zone ETo (in/season) Plant Water Use Category Plant Factor Re (in/season) Irrigation Method Irrigation Efficiency Hydrozone Area (sq‐ft) Irrig Water Need (gal/season) Zone 1 27.4 L 0.40 6.8 Drip 0.90 2000 5759 Zone 2 27.4 M 0.65 6.8 Overhead 0.75 500 4573 Zone 3 27.4 Turf 0.90 6.8 Overhead 0.75 2000 29671 Zone 4 27.4 VL 0.25 6.8 Drip 0.90 1000 35 TOTAL 5500 40038 P30 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards APPENDIX B – RECOMMENDED PLANT LIST The following pages include the City of Aspen’s Recommended Plant List, including estimated water needs (L = Low; M = Medium; H = High) and shade preferences (FS = Full Sun; PS = Partial Sun; S = Sun; Sh = Shade). P31 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 27 of 38 SCIENTIFIC NAME COMMON NAME WATER NEEDS SUN/SHADE PREFERENCE MATURE HEIGHT APPROX. BLOOM DATE KNOWN TO OCCUR IN PITCO FIRE‐WISE Grasses ‐ Ornamental Achnatherum hymenoides Indian Ricegrass L S/PS 2' May‐Jul Y Andropogon gerardii Big Bluestem L S 6' Jul‐Sept N Aristida purpurea Purple Three‐awn L S 2' May‐Sept N Bouteloua curtipendula Sideoats Grama L S 1.5' Jul‐Oct N Bouteloua gracilis Blue Grama VL S 15" Jul‐Oct N Y Buchloe dactyloides Buffalograss VL S 8" May‐July N Y Calamagrostis stricta Slimstem Reedgrass M S 3' July‐Sept N Deschampsia cespitosa Tufted Hairgrass M S/PS 16" July‐Sept Y Elymus canadensis Canadian Wild Rye L S 6' Jun‐Sept N Elymus elymoides Bottlebrush Squirreltail L S 20" Jun‐Aug Y Eragrostis spectabilis Purple Lovegrass L S/PS 2' Aug‐Oct N Eragrostis trichodes Sand Lovegrass L S/PS 4' Aug‐Oct N Glyceria grandis American Mannagrass H S 5' Jun‐Sep Y Koeleria macrantha Prairie Junegrass L S/PS 1' May‐Aug Y Leymus cinereus Basin Wildrye L S 5' May‐Aug Y Nassella viridula Green Needlegrass L S/PS 2' Jun‐Aug N Panicum virgatum Switchgrass L S/PS 3' Jun‐Sep N Phalaris arundinacea Reed Canary Grass M S/PS 6' Jun‐Aug N Pleuraphis jamesii Galleta L S 1' May‐Aug N Schizachyrium scoparium Little Bluestem L S 4' Jul‐Sep N Sorghastrum nutans Indiangrass L S 3' Aug‐Sept N Spartina pectinata Prairie Cordgrass M S/PS 6' Jun‐Sep N Sporobolus airoides Alkali Sakaton L S 2.5' Jun‐Sep N Sporobolus heterolepis Prairie Dropseed L S 15" Jul‐Sept N P32I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 28 of 38 Grasses ‐ Turf Agrostis capillaris Colonial Bentgrass H S 2.5' Jun‐July N Festuca rubra 'Pennlawn' Red Fescue H S/PS 10" Jun‐Sept N Y Lolium perenne Perennial Ryegrass H S/PS 2' Jun‐Sept Y Poa pratensis Kentucky Bluegrass Turf S/PS 1' May‐Sept Y Y Schedonorus arundinaceus Tall Fescue M S/PS 0.6' July‐Oct N Bouteloua gracilis Blue Grama VL S 15" Jul‐Oct N Buchloe dactyloides Buffalograss VL S 8" May‐Jul N Y Flowers and Ground Covers Achillea lanulosa Native yarrow L S/PS 1.5 ‐ 2' July Y Y Achillea tomentosa Woolly yarrow L S/PS 1.5' ‐ 2' July Y Y Aconitum columbianum Columbian monkshood H S 2' Jun‐Jul Y Y Ajuga reptans Bugleweed M Sh < 1.5' Jun‐Jul N Y Alchemilla sp. Lady's mantle M PS/Sh 1' Jun‐Jul N Y Allium cernuum Nodding onion L S/PS 1' Jun Y Y Allium geyeri Geyer onion L S/PS 1' Jun Y Y Anemone multifidi Cut‐leaved anemone M S/PS 1'‐2' Mar‐Aug Y Anemone patens var. multifida Pasqueflower M Y Aquilegia spp. Columbine M S/PS 1' ‐ 2' Jun‐Jul Y Y Aquilegia coerulea Colorado blue columbine M S/PS 1' ‐ 2' Jun‐Jul Y Y Arabis sp. Rockcress L S < 1' May‐Jun Y Y Armeria maritima Sea thrift M S/PS .5' Apr‐Jun Y Artemisia frigida Fringed sage VL S 1' ‐ 1.5' n/a Y Y Artemisia ludoviciana Prairie sage VL S 15"‐2.5' N/A Y Asclepias subverticillata Horsetail milkweed L S 1.5'‐3' Jun‐frost Y Aurinia sp. Basket of gold L S/PS 1' Apr‐May Y Campanula rotundifolia Common harebell L S .5' ‐ 1' May‐Oct Y Y Cerastium tomentosum Snow‐in‐summer VL S/PS 1' May‐Jun Y Y Chamerion angustifolium Fireweed L S/PS 5.5' Jul‐Sept Y Y P33I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 29 of 38 Clematis columbiana Rock clematis M 8' May‐Jun Y Y Clematis scotii Scott's sugarbowls L S/PS 8‐15" Jun‐frost Convallaria majalis Lily‐of‐the‐valley M Sh < 1' May‐Jun Y Y Dalea purpurea Purple prairie clover L S 2'‐3' Jun‐Aug N Delosperma nubigenum Hardy yellow iceplant L S .5' Jun Y Delphinium species Larkspur M Y Dianthus spp. Pinks M S < .5' ‐ 2' May‐Aug Y Echinacea purpurea Purple coneflower L S 2' ‐ 3' Jul‐Aug Y Eritrichum nanum var. elongatum Alpine forget‐me‐not Y Erysimum asperum Western wallflower L S/PS 1' + Jun‐Jul Y Eriogonum umbellatum Sulfurflower VL S 6" ‐ 1' Jun‐Aug Y Erigeron speciosus Aspen daisy L S 12‐18" Jun‐Aug y Gaillardia aristata Blanket flower L S 1' ‐ 1.5' Jul‐Sep Y Gentiana perryi Parry's gentian Y Geranium richardsonii Richardson's geranium M Sh/PS 2' May‐Oct Y Geranium viscosissum Sticky purple geranium L S/PS 12‐24" May‐Jun Y Geum triflorum Prairie smoke L S/PS 6‐12" May‐Jun y Helianthus maximiliana Maximilian sunflower L S 60‐120" Aug‐frost Heliomeris multiflora Showy goldeneye L S 18‐30" Aug‐frost y Heterotheca villosa Hairy golden aster L y Heuchera spp. Coral bells M PS/Sh 1' ‐ 2' Jun‐Aug Y Ipomea leptophylla Bush morning glory L S 24‐36" Jun‐frost Ipomopsis aggregata Scarlet gilia L S 12‐30" Jun‐Aug y Liatris punctata Gayfeather L S 12" Aug‐frost Linum lewisii Blue flax L S/PS 1'‐2' Jun‐Aug y Lupinus argenteus Silver lupine L Sh/PS 1' ‐ 3' Jun‐Jul y Y Mirabilis multiflora Desert four o'clock VL S/PS 12‐30" Jun‐frost Monarda fistulosa Native beebalm L S/PS 1' ‐ 2' Jul‐Oct Y Y Oenother caespitosa White‐tufted evening primrose L S 6"‐1' Jun‐Aug Y Papaver orientale Oriental poppy L S/Sh 2' ‐ 3' May‐Jun Y P34I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 30 of 38 Penstemon ambiguous Gilia beardtongue VL S 24‐30" Jun‐frost Penstemon caespitosus Mat penstemon L S < .5' Jun Y Penstemon secundiflorus Sidebells L S 1' ‐ 2' May‐Jun Y Penstemon strictus Rocky Mountain penstemon L S/PS 1'‐2.5' Jun‐Aug Y Penstemon virens Blue mist penstemon L S/PS .5' May‐Jun Y Phlox subulata Moss phlox L S < .5' May Y Polemonium spp. Jacob's ladder H S/PS 1' ‐ 2' May‐Aug Y Y Pulsatilla patens Pasque flower L S/PS 1' Mar‐May Y Y Rudbeckia hirta Black‐eyed susan M S 2' ‐ 3' Jul ‐ Sep Y Salvia reflexa Rocky Mountain Sage L S/PS 2' Jun Y Y Saxifraga hirsuta Saxifrage M S/PS .5' + May‐Jun Y Senecio spartoides Broom groundsel L S 2‐3' Sept‐Oct N Y Thalictrum fendleri Fendler meadowrue M S/PS 2' ‐ 3' Jul‐Aug Y Y Thymus spp. Thyme L S < .5' Jun‐Jul Y Veronica americana American speedwell H S 4"‐2' Jun‐Sep Y Y Vinca minor Periwinkle H Sh < 1' Apr‐Jun Y Shrubs Artemisia tridentata big sgaebrush VL S y Arctostaphylos uva-ursi Kinnikinnick, bearberry L S/Sh 1' n/a y Y Betula glandulosa Bog birch H S/PS 6‐8' n/a y Y Cercocarpus intricatus Little‐leaf mountain VL S 4‐6' n/a y Y Cercocarpus montanus True mountain mahogany VL S 4‐6' n/a y Y Chrysothamnus spp. Rabbitbrush VL S 2‐6' Jul‐Aug y Y Cornus stolonifera Redtwig dogwood M S/Sh 4‐6' n/a y Y Euonymus alatus Burning bush euonymus M S/Sh 1‐6' n/a N Y Fallugia paradoxaa Apache plume VL S 2‐4' Jun‐Oct N Y Holodiscus dumosus Ocean spray VL S/PS 4' Jun Y Y Lonicera tatarica Tatarian honeysuckle L S/PS 4‐6' May‐Jun Y Mahonia repens ab Creeping grape holly L S/Sh 1‐2' Mar‐May y Y P35I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 31 of 38 Physocarpus monogynus Mountain ninebark VL S/Sh 2‐4' Jun y Y Potentilla fruticosa Shrubby cinquefoil L S/PS 2‐3' May‐Sep Y Y Purshia tridentata Antelope bitterbrush VL S 1‐2' Jun‐Aug y Y Ribes aureum Golden currant L S/PS 2‐3' Apr‐May y Y Ribes inerme Whitestem gooseberry L 4' May‐July Y Ribes lacustre Prickly currant H Y Rosa woodsii Woods' or native wild rose L S/PS 2‐3' Jun‐Jul y Y Sambucus racemosa Red elderberry M Y Shepherdia canadensis Russet buffaloberry VL S 5‐6' n/a y Y Symphoricarpos spp. Snowberry, coralberry L S/PS 2‐3' n/a y Y Virbunum edule Highbush cranberry H S 6‐8' May‐Jun Y Large Shrubs and Trees Abies concolor White fir M 70‐160' n/a Abies lasiocarpa Subalpine fir M 50‐100' Acer ginnala Ginnala maple L S 6‐10' n/a Y Acer glabrum Rocky Mountain maple L S/Sh 6‐10' n/a Y Y Acer grandidentatum Wasatch maple L S/PS 10‐20' n/a y Y Acer negundo box‐elder L Y Acer tartaricum Tartarian maple L S/PS 20' N/A Alnus incana (ssp. tenuifolia) Thinleaf alder H S/PS 6‐8' Apr Y Y Amelanchier alnifolia Saskatoon alder‐leaf serviceberry L S/PS 6‐8' Apr‐May Y Y Amelanchier canadensis Shadblow serviceberry L PS 20' Apr‐May Amelanchier utahensis Utah serviceberry L S 4‐6' May Y Betula fontinalis River birch H S/PS 6‐8' n/a Y Celtis occidentalis Common hackberry L S 15‐50' n/a Cercocarpus ledifolius Mountain mahogany VL S 6‐15' n/a Y Y Crataegus ambigua Russian hawthorn L S/PS 15‐20' May Y Crataegus crus-galli Cockspur hawthorn L S 15‐20' May Y P36I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 32 of 38 Crataegus x mordensis 'Toba' Toba hawthorne L FS 15' Y Crataegus saligna Willow hawthorn M S 6‐8' May Y Y Crataegus succulenta Rocky Mountain hawthorn L S 6‐8' May Y Y Juniperus monosperma oneseed jumiper VL Y Juniperus osteosperma Utah juniper VL Juniperus scopulorum Rocky Mountain juniper VL y Malus sp. Crabapple M S 10‐15' Apr‐May Y Y Physocarpus opulifolius Tall ninebark VL S/PS 4‐6' May Y Y Picea pungens Colorado spruce M Y Picea engalmanii Engelman spruce M Y Pinus aristata bristlecone pine L Y Pinus contorta lodgepole pine L Y Pinus flexilis limber pine L 15'‐45' n/a Y Pinus ponderosa Ponderosa pine L Y Pinus strobiformus Southwestern white pine L Populus alba White poplar M FS 30'‐50' n/a Populus angustifolia narrowleaf cottonwood M Y Populus tremuloides Aspen M S 8‐25' n/a Y Y Prunus americana American wild plum L S/PS 4‐6' Apr Y Prunus cerasifera Flowering plum L S/PS 8‐10' Apr Y Prunus virginiana 'Schubert' Schubert chokecherry L FS‐PS 20‐25' Apr‐May Prunus virginiana melanocarpa Western chockecherry L S/PS 6‐8' Apr‐May Y Y Pseudotsuga menziesii Douglas‐fir L Y Quercus gambelli Gambel oak VL Y Rubus deliciosus Boulder raspberry, thimbleberry L S/Sh 4‐6' Apr‐May Y Y Salix alba White willow H FS‐PS 30'‐40' n/a Salix amygdaloides Peachleaf willow M S/PS 20‐30' n/a Y Shepherdia argentea Silver buffaloberry L S/PS 4‐6' Apr Y Y Sorbus aucuparia European mountainash M FS‐PS 15‐25' n/a P37I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 33 of 38 Sorbus scopulina Western mountain ash M S/Sh 6‐8' May Y Syringa reticulata Japanese tree lilac L FS‐PS 15‐25' May‐Jun Syringa vulgaris Common lilac L S 6‐8' May Y P38I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards APPENDIX C – CITY OF ASPEN AND PITKIN COUNTY WILDFIRE HAZARD ASSESSMENT MAPS C1. CITY OF ASPEN WILDFIRE HAZARD ASSESSMENT MAP P39 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 35 of 38 P40I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards C2. PITKIN COUNTY WILDFIRE HAZARD ASSESSMENT MAP P41 I. WORKING DRAFT FOR DISCUSSION PURPOSES ONLY City of Aspen Water Efficient Landscaping Standards Page 37 of 38 P42I. John W. Hickenlooper, Governor | Robert Randall, DNR Executive Director The City of Aspen's Landscape Code revision is an excellent example o into larger statewide efforts to reduce outdoor water use in Colorado. Comprehensive landscape codes are key to reducing outdoor demand and 'building it smart from the start". consider the City of Aspen’s effort as the most comprehensive on the West Slope fo soil amendment, irrigation system standards, and auditing the installed irrigation system. In Colorado's Water Plan, the CWCB reduction by 2050 with one of the largest drivers 6.3 of Colorado's Water Plan, the CWCB reduce outdoor demand as well as reducing water use in new Support local water smart ordinances: will provide trainings that support local regulatory efforts that shape the ways in which new construction interacts with water use. For example, local jurisdictions could craft landscape and irrigation ordinances, tap fees that reflect actual water uses, education or certification for landscape professionals, green-infrastructure ordinances, and more stringent green construction codes that include higher water-wise landscapes. It is imperative that this action ex and environment benefits of urban landscapes. The City of Aspen's landscape code revision fits squarely in this action, will contribute to the 400,000 acre foot statewide demand reduction goal and will serve as an excellent example for other water providers on the West Slope Sincerely, Kevin D. Reidy State Water Conservation Specialist Colorado Water Conservation Board 3/1/2017 Lee Ledesma Utilities Finance and Adminsitrative Services Manager City of Aspen 130 S. Galena St. Aspen,CO 81611 1313 Sherman Street, Room 718 Denver, CO 80203 P 303.866.3441 F 303.866.4474 www.cwcb.state.co.us Robert Randall, DNR Executive Director | James Eklund, CWCB Director A The City of Aspen's Landscape Code revision is an excellent example of how local efforts tie larger statewide efforts to reduce outdoor water use in Colorado. Comprehensive landscape codes are key to reducing outdoor demand and 'building it smart from the start". consider the City of Aspen’s effort as the most comprehensive on the West Slope fo soil amendment, irrigation system standards, and auditing the installed irrigation system. In Colorado's Water Plan, the CWCB set a goal of 400,000 acre feet municipal demand one of the largest drivers being more efficient outdoor use. 6.3 of Colorado's Water Plan, the CWCB created an action supporting local ordinances ll as reducing water use in new development: Support local water smart ordinances: Over the next two years, the CWCB will provide trainings that support local regulatory efforts that shape the ways in which new construction interacts with water use. For example, local jurisdictions could craft landscape and irrigation ordinances, tap fees that ses, education or certification for landscape infrastructure ordinances, and more stringent green- construction codes that include higher-efficiency fixtures and appliances and wise landscapes. It is imperative that this action explore the societal and environment benefits of urban landscapes. The City of Aspen's landscape code revision fits squarely in this action, will contribute to the statewide demand reduction goal and will serve as an excellent example for on the West Slope to follow. State Water Conservation Specialist Colorado Water Conservation Board Utilities Finance and Adminsitrative Services Manager 1313 Sherman Street, Room 718 cwcb.state.co.us James Eklund, CWCB Director f how local efforts tie larger statewide efforts to reduce outdoor water use in Colorado. Comprehensive landscape codes are key to reducing outdoor demand and 'building it smart from the start". I consider the City of Aspen’s effort as the most comprehensive on the West Slope for requiring soil amendment, irrigation system standards, and auditing the installed irrigation system. al demand ent outdoor use. In Chapter action supporting local ordinances to will provide trainings that support local regulatory efforts that shape the ways efficiency fixtures and appliances and The City of Aspen's landscape code revision fits squarely in this action, will contribute to the statewide demand reduction goal and will serve as an excellent example for P43 I. Reed Compliant Sign Code Update April 18, 2017 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Phillip Supino, Long Range Planner Sara Nadolny, Planner Reilly Thimons, Planning Technician THRU: Jessica Garrow, Community Development Director James R. True, City Attorney MEETING DATE: April 18, 2017 RE: Reed Compliant Sign Code Update REQUEST OF COUNCIL: The purpose of this work session is to provide information to Council on required updated to the City’s Sign Code. No formal direction or action is requested at this time, but Council is asked to weigh in on the process and timeline. SUMMARY: Based on a 2015 Supreme Court case, staff has concluded that certain provisions within the sign code should be revised to be make certain that it complies with the standards set forth in that Supreme Court case. In early 2016, staff presented information about the need for the update to Council as part of the AACP-LUC coordination process. In May, 2016, the Community Development Department contracted with planning consultant Mark White to assist the City of Aspen in revising the sign code to be Reed compliant. Following the completion of the AACP-LUC coordination process, staff is preparing to launch the sign code update process. This work session is intended to introduce Council to the requirements under the law, the process proposed for bringing the sign code into compliance and solicit input from Council. BACKGROUND: In June, 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert, Arizona (Reed) that municipal sign code regulations must be “content neutral,” meaning that regulations on signage must be focused on the size, type, location and appearance of signs, not the content of or entity displaying the signage. Simply stated, the Supreme Court ruled that if you have to read the sign to determine if it complies with a regulation then it is not content neutral. This ruling rendered aspects of municipal sign codes around the country non-compliant, requiring revision to ensure that references to the content of signs were removed from the regulations. In the Reed case, the sign in question was a temporary sign, which was placed and removed weekly, advertising the location of a church service. These signs were classified by the Town as political or ideological signage, which were limited to being displayed only within specified hours. The Town cited Reed for exceeding the time limit allotted for the display of such signs. Reed sued for infringing freedom of speech, because the sign regulations were based on the political or ideological content of the sign. P44 II. Reed Compliant Sign Code Update April 18, 2017 Page 2 of 2 The Supreme Court sided with Reed, in part, because the Gilbert sign code made a distinction between various forms of temporary signage and imposed different regulations based on their content. This simple distinction had implications for municipal governments around the country, who have been forced to amend sign regulations to be content neutral. Like these other municipalities, the City of Aspen is required to make changes to comply with the Reed ruling. SUMMARY: The scope of this code revision is relatively narrow, focused on revising language to be Reed compliant. In general, that means removing distinctions in the code between various sign types based on their content, as opposed to their size, type, location and appearance. Staff will work with Mark White and the City Attorney to identify those sections of the sign code that may not meet the Reed standard, and the project team will develop alternative language to meet that standard while maintaining, to the extent possible, the same policy and regulatory priorities as the current code. A complete overhaul of the sign code is not the intent of this code amendment process, and it is not in the consultant’s scope of work. Such an overhaul is a more significant undertaking, and staff and the consultants do not believe that such an overhaul is necessary given the effectiveness of the current sign regulations. Attached as exhibit A is a memorandum from Mark White outlining the requirements under the Reed decision, those aspects of the sign code which may require revision, and discussion of the process to identify and make those changes. In conjunction with the initial code review by the project team, staff will conduct a public outreach process to gather input from residents, ACRA, CCLC and local business owners. Staff will work closely with ACRA to distribute information about the process, gather feedback and ensure that the business community is well-informed about the process and its outcomes. The public outreach efforts will include three public meetings in May to inform the public and gather feedback, as well as an ongoing survey on AspenCommunityVoice.com, and a survey distributed directly to the business community. Prior to drafting code language and a Policy Resolution, staff intends to return to Council for a work session, tentatively scheduled for June 13, to check-in and inform Council of the results of the public outreach process. Following the legislative process, staff will return to the public with informational meetings and trainings to ensure residents and the business community are up-to-date with the revised, Reed compliant sign regulations. NEXT STEPS: In the coming weeks, staff will commence the public outreach process, including the online survey, public and stakeholder meetings. The survey process will run through early June, and staff will return to Council later in June with the results of the community outreach process and review the recommendations of the consultant and City Attorney. ATTACHMENTS: Exhibit A: Mark White Sign Code Update Memo P45 II. Memo To: Phillip Supino From: Mark White Date: April 11, 2017 Re: Summary of Need to Change Sign Regulations You requested a conceptual summary of why we are revising the sign regulations. This memo provides a brief overview of why we are revising the sign regulations, along with some thoughts about our approach to the sign revisions. The United States Supreme Court decided a key First Amendment case involving signs the summer of 2015 (Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015)). As recognized in a concurring opinion, this case will require significant revisions to most sign regulations throughout the nation. The Reed decision requires that, if sign regulations make distinctions based on content (i.e., what the signs say), they: (1) must have a compelling interest, and (2) are subject to strict scrutiny. In response, most communities are revising their sign regulations to remove content restrictions from their sign regulations, and limiting sign regulations to their physical characteristics and typologies. Therefore, the regulations will address the following characteristics recognized as permitted, “content neutral” sign regulations in the Reed opinion: · Size · Materials · Lighting · Moving parts · Portability · Banning signs on public property, or regulating them differently · Locations · Freestanding v. Attached sign distinctions · Lighting · Fixed v. changeable electronic signs · Commercial v. residential distinctions · On-premises v. Off-premises distinctions · Total number of signs allowed per frontage or area · Time restrictions on advertising a one-time event · Governmental sign exemptions Kansas City | Charleston 200 NE Missouri Road, Suite 200 | Lee’s Summit, MO, 64086 816.221.8700 p www.planningandlaw.com P46 II. Phillip Supino | April 11, 2017 Summary of Need to Change Sign Regulations White & Smith, LLC | www.planningandlaw.com 2 The new sign regulations will – · Address the key regulatory issues relating to signs - such as size, location, design, illumination, and timing, as discussed above. · Make improvements needed to improve readability and ease of understanding, · Incorporate best practices in sign regulations. · Ensures that the regulations anticipate all sign categories and types appropriate to Aspen. · Ensure that the regulations allow all persons and businesses freedom of expression and the ability to advertise while respecting Aspen’s land use, neighborhood protection and aesthetic values. · Address traffic safety, aesthetics, clutter, and blighting issues. · Ensure that the regulations are consistent with the AACP comprehensive planning policies. At an initial staff meeting, it was noted that the City receives few complaints about the quality or design of signs. The signs typically by businesses and on residential property are usually considered acceptable by the community in terms of their design, scale and intensity. Therefore, in addition to ensuring that the regulations remain compliant with state and federal free speech law, it is an important goal that the revised regulations continue the scale and intensity currently permitted. In addition, the City often allows signs in the public right-of-way, or as part of public events on parks or other public spaces. The regulations will continue to allow the City to control signs in those locations so that they do not create clutter, and do not create dangers to traffic or pedestrian safety. P47 II.