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ORDINANCE NO. ~
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CHAPTER 25.18 OF TITLE 25 OF THE ASPEN
MUNICIPAL CODE FOR THE ADDITION OF A NEW STORMW ATER SYSTEM
DEVELOPMENT FEE
WHEREAS, the City's Stormwater Management Plan identifies deficiencies III the
condition and capacity of its existing drainage system, and
WHEREAS, it is in the City's interest to protect its infrastructure, the environment, and the
ecology of the Roaring Fork River from the effects of stormwater runoff, and
WHEREAS, a stormwater system development fee will generate an estimated $19 million
over fifteen years for use in improving the City's existing drainage system related to
development and redevelopment of property within the boundaries of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
Chapter 25.18 of Title 25 of the Aspens Municipal Code is hereby amended to read as
follows:
Sec.25.18.01O Definitions.
For the purposes ofthis Title certain words or phrases are defined as follows:
(a) Development. The proposed development creates at least 500 square feet of
. .
new ImpervIOus area.
(b) Redevelopment. The proposed development disturbs at least 500 square feet of
the existing impervious area.
Sec.25.18.020 Stormwater System Development Fee.
(a) A Stormwater System Development Fee shall be assessed against all
properties at the time of development or redevelopment of the property. The fee shall be
assessed against the total impervious area of the development, not simply the increased
impervious area, minus the amount of any stormwater system development fee actually
previously paid by the landowner or the predecessor of the landowner for connection to
the stormwater system. The System Development Fee shall be $2.88 per square foot of
total impervious area.
(b) The calculation for the credit to be given for property on which the structures
are substantially remodeled or rebuilt shall take into account the amount actually paid for
stormwater system development fees in the records as maintained by the city.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the .Jq
City Council Chambers, Aspen City Hall, Aspen, Colorado.
day of /hit( 1,/7'1 III the
I
INTRODUCED, READ AND ORDERED PUBLISHED as }}1ovided by law,
by the City Council of the City of Aspen on the #-- day of AY m1'
Attest:
.~
FINALLY, adopted, passed and approved, this ;'1 day of ~r-
Attest:
Approved as to form: