Loading...
HomeMy WebLinkAboutordinance.council.016-17 ORDINANCE NO. 16 Series 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN-- UTILITIES1,2"— TO ADD A NEW CHAPTER 25.30 ENTITLED: WATER EFFICIENT LANDSCAPING STANDARDS. WHEREAS, the City owns and operates a public water system; and WHEREAS, implementation of water efficient landscaping standards will fulfill certain recommendations identified in the City of Aspen's Municipal Water Efficiency Plan,the Roaring Fork Regional Efficiency Plan, and the Roaring Fork Watershed Plan; and WHEREAS, water conservation and efficiency has been identified as an important component of Aspen's Integrated Water Supply System; and WHEREAS, 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 new development and significant remodels; and WHEREAS, these standards promote efficient development and use of water within the City of Aspen's water service area; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of the public health, safety, and welfare. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Title 25 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter 25.30, which chapter shall read as follows: 1 CHAPTER 25.30 WATER EFFICIENT LANDSCAPING STANDARDS Sec. 25.30.010. Purpose. (a) Promote the values and benefits of healthy landscapes while recognizing the need to invest water and other resources as efficiently as possible. (b) Establish a structure for planning, designing, installing, maintaining and managing water-efficient landscapes in new construction and renovated/rehabilitated projects. (c) 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. Sec. 25.30.020. Adoption of City of City of Aspen Water Efficient Landscaping Standards Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, there is hereby adopted and incorporated herein by reference as if fully set forth the City of Aspen Water Efficient Landscaping Standards as may be amended from time to time by City Council Resolution. At least one (1) copy of the City of Aspen Water Efficient Landscaping Standards shall be available for inspection at the City of Aspen Utilities Department, the City of Aspen Parks department, and City of Aspen Community Development Department. Sec. 25.30.0030. Applicability. (a) After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the following projects that use City of Aspen potable water: (i) 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. (ii) All new construction with internal work only that demolishes greater than 50% of the existing structure. Sec. 25.30.040. Review Authority. Utilities Director, or designee, is authorized to make and enforce the rules and regulations contained in the Water Efficient Landscaping Standards in order to carry out the intent of the standards and this Chapter. 2 Where no specific or applicable rules, regulations, or standards appear to be set forth in the Water Efficient Landscaping Standards, other rules, regulations, or standards, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, may be used by the City for guidance. Sec. 25.30.050. Review Procedure. A. Review Process. The Utilities Director shall have the authority on behalf of the City of Aspen to determine that all design and construction is completed to a level that is equal to or exceeds the requirements set forth in this Chapter and the Water Efficient Landscaping Standards. Sec. 25.30.060. Variances. (a) 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. (b) 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: (i) Criteria under which the applicant seeks a variance; (ii) Justification for not complying with the standards; (iii) Proposed alternate criteria or standards to comply with the intent of the criteria; (iv) Supporting documentation, including necessary calculations; (v) The proposed variance's potential adverse impacts for adjacent landowners; and, (vi) An analysis of the variance request, signed by a qualified landscape professional or qualified irrigation design professional, depending on the topic of the request. (c) 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. Sec. 25.30.070. Existing Compliance. 3 (a) The City may grant a determination of compliance for existing projects meeting the minimum standards. (b) 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: (i) Landscape and Irrigation Documentation Package; and (ii) Irrigation audit report performed by a third party certified landscape irrigation auditor. (c) 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. Sec. 25.30.080. Appeals. (a) Initiation. An applicant aggrieved by an order, requirement, decision, or determination of the City Utilities Director may file an appeal with the Administrative Hearing Officer, pursuant to the procedures set out in Chapter 26.108 of this Code except to the extent set forth herein. The notice of appeal shall be filed with the City Utilities Director within fifteen (15) days following the date of such order, requirement, decision, or determination. The notice of appeal shall state in detail the action appealed, the grounds for the appeal, and the relief sought. Failure to file such a notice of appeal within the prescribed time shall constitute a waiver of any rights under this section to appeal any order, requirement, decision, or determination. (b) Effect of Filing an Appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the City Utilities Director certifies in writing to the Administrative Hearing Officer that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The Administrative Hearing Officer may review such certification and grant or deny a stay of proceedings. (c) , Timing of Appeal. The Administrative Hearing Officer shall consider the appeal within thirty(30) days following the date of filing the notice of appeal, or as soon thereafter as is practical under the circumstances. (d) Action by Administrative Hearing Officer. The Administrative Hearing Officer shall 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 they deem appropriate under the circumstance. 4 Section 2. Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repeated; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. - Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. Section 5. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of May 2017. Attest: D6� O Linda Manning, City CI Steven Ska ron, Mayor 5 FINALLY, adopted, passed and approved this 22°d day of May,2017. Attest: Linda Manning, CityJerk Steven Sk dron, Mayor Approved as to form: James R. True, City Attorney 6