HomeMy WebLinkAboutordinance.council.041-13 ORDINANCE No. 41
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS
TO THE LAND USE CODE TO INCLUDE CHAPTER 26.490—APPROVAL
DOCUMENTS.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community
Development Department to prepare amendments to the subdivision, planned unit
development, and specially planned area chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed
and acted on by City Council, and then final action by City Council after reviewing and
considering the recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on June 24, 2013, the City Council approved Resolutions Nos. 66 and 67, Series of
2013, requesting code amendments to the Planned Unit Development, Specially Planned
Area, and Subdivision Chapters of the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code to create a new chapter
to include all requirements for the preparation, review, approval, and recording of
documents related to projects granted land use approvals; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments
and finds that the amendments meet or exceed all applicable standards pursuant to Chapter
26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare; and
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1: Chapter 26.490 — Approval Documents, which Chapter describes the
applicability, review process, contents, form, and requirements for preparing, reviewing,
approving, and recording documents reflecting the nature and detail of a land use
approval granted by the City, shall read as follows:
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Chapter 26.490
APPROVAL DOCUMENTS
26.490.010 Purpose.
26.490.020 Applicability.
26.490.030 Procedures and Standards for Review
26.490.040 Approval Documents Content and Form
26.490.050 Development Agreements.
26.490.060 Financial and Site Protection Requirements
26.490.070 Performance Guarantees
26.490.080 Deadlines and Extensions
26.490.090 Appeals
26.490.010. Purpose.
The purpose of this Chapter is to: a) create certainty and clarity between a developer and
the City regarding land use entitlements granted by the City, including certain
expectations and obligations of a developer and of the City; b) improve public records
regarding the character and nature of development approvals granted by the City; c)
improve land records and survey monuments by establishing standards for surveys and
plats; d) ensure the timely installation and maintenance of public facilities, landscape
improvements, storm water improvements, and other improvements required pursuant to
a land use approval; and, e) ensure the public health, safety, and welfare of the
community is maintained during the construction process, including unforeseen
circumstances of development.
26.490.020 Applicability and Limitations.
This Chapter shall apply to all land use approvals granted by the City of Aspen pursuant
to this Title that require submission or recordation of documents to reflect or define an
approved site specific development plan. Documents submitted or recorded pursuant to
this Chapter shall supersede or preclude the effect of laws and policies of general
applicability of the City of Aspen or those of local, State, and Federal agencies with
jurisdiction.
26.490.030 Procedures and Standards for Review.
Upon receipt of a complete draft set of approval documents, the Community
Development Director shall refer copies to other appropriate City staff and applicable
outside agencies for compliance review. The draft set shall be evaluated to determine
whether each document:
1. Accurately describes/depicts an approval granted by the City of Aspen.
2. Is in an acceptable style and format as prescribed herein and as further defined by
the City and review agencies.
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The Community Development Director shall provide response comments to the applicant
specifying requested amendments to the draft documents. The Director shall advise the
applicant whether an additional cycle of review is necessary or if the applicant can
prepare final documents for signature.
Upon cure of all requested amendments to the development documents, the applicant
shall provide final documents, executed by the owner. The Community Development
Director shall route the documents for final approval, and signatures as applicable, by the
appropriate City or outside agencies.
If the documents are to be recorded, the Community Development Director shall deliver
the executed documents to the Pitkin County Clerk and Recorder for recordation. The
Director shall coordinate with the applicant as needed for recordation of related
documents. Recordation fees apply and shall be the responsibility of the applicant.
26.490.040 Approval Documents Content and Form
Approval Documents required by this Title shall conform to the following requirements:
A. Subdivision Plat.
Subdivision plats required by Chapter 26.480 — Subdivision plats, including
condominium plats and any change to a platted legal description of a parcel, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
B. Right-of-Way DedicationNacation Plat.
Right-of-Way DedicationNacation plats required by Chapter 26.480 — Subdivision,
including any adjustment to the legal description of a public right-of-way, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
C. Annexation Map.
Annexation maps in connection with any annexation or disconnection of land to the
City shall contain the information and be in the format required by Title 29 —
Engineering Design Standards, Plats.
D. Approved Plan Set.
When required pursuant to this Title, plans shall be submitted to the Community
Development Department to document the approved design, layout, and configuration
of an approved project. The plans shall reflect approved changes made to the project
during the review and provide reference to approval documents and date(s).
The purpose of the Approved Plan Set is for the City and the developer to document a
common understanding of the approval granted. The plan should be of sufficient
detail to understand the intent of the developer but should not be considered an
application for building permit, a thorough review by the city of technical
requirements, and should not be considered a construction-level document or a permit
to proceed. Plans do not need to show specific details and are not expected to be
technical drawings or construction plans.
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Plans must be in 24" x 36" format and include an approval certificate for the
Community Development Director. Smaller plans may be accepted for simple
projects. The Director may require certain plans be prepared in a format acceptable
for recording. Plans shall also be submitted in a digital format as prescribed by the
City. Depending on the nature and complexity of a project and its approvals, some or
all of the following plans shall be included in an Approved Plan Set:
1. Conceptual Commercial or Historic Design Review Plans.
Plan and elevation drawings to reflect a conceptual design review approval
granted by the City. The plans should depict the general layout, massing,
heights, and setbacks of the approved development. The plans may contain a
combination of elevations, axonometric views, narrative, and illustrative
renderings. The city may require language on the plans specifying the limits of
the conceptual design approval.
2. Final Commercial or Historic Design Review Plans.
Plan and elevation drawings to reflect a final design review approval granted by
the City. The plans may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings.
3. Planned Development—Project Review.
Plan and elevation drawings to reflect the Project Review approval for a Planned
Development. The plans should depict/describe the uses, site plan, general
layout, massing, heights, and all dimensions of the Project Review approval. The
plans may contain a combination of floor plans, elevations, axonometric views,
narrative, and illustrative renderings. The city may require language on the plans
noting the limits of the approval or highlighting aspects of the design expected to
be amended prior to Detail review.
4. Planned Development—Detail Review.
Plan and elevation drawings to reflect a Detail Review approval for a Planned
Development. The plans should depict/describe the specific uses, site plan,
general layout, massing, heights, dimensions, and conditions of the Detail Review
approval. The plans may contain a combination of floor plans, elevations,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The city may require language on the plans noting
limitations of the approval. Depending upon the complexity of the project,
additional plans as described herein may be required to provide more detail or
address certain aspects of the approved project.
5. Environmentally Sensitive Area Plan.
A plan depicting the general layout of development approved within an
environmentally sensitive area. The plan should provide a general depiction of
the layout of existing and proposed natural and man-made features and
improvements including structures, existing vegetation, landscape improvements,
civil improvements, and access ways including accessible routes if relevant. The
plan shall describe/depict unique setbacks, building envelopes, no-build zones,
height restrictions, and similar unique conditions of the approval. The plan
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should depict and describe detailed location and types of vegetation protection
measures to preserve environmentally sensitive areas. The plan may include draft
restoration techniques to be implemented, at a conceptual level, including
ecological communities targeted to restore or improve. The plan may contain a
combination of plans, elevations, site sections, axonometric views,
depiction/description of exterior materials, narrative, and illustrative renderings.
6. Hazards Map.
A plan prepared by a Colorado registered Professional Engineer depicting, and
describing in narrative as necessary, all areas of a property that are affected by the
presence of natural or man-made hazard areas including areas of the property
affected by flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit,
avalanche or snowslide areas, slopes in excess of 30%, and any other natural or
man-made hazard or condition that could harm the health, safety, or welfare of the
community. Areas with topography in excess of 30% shall require a slope
stability study reviewed by the Colorado Geologic Survey.
7. Hazards Mitigation Plan.
A plan describing/depicting certain required construction or mitigation techniques
to ensure public health and safety from known natural and man-made hazards
affecting a property. The plan shall be prepared by a Colorado registered
Professional Engineer.
8. Illustrative Site Plan.
A plan depicting the general layout of proposed development. The plan should
depict the layout of existing and proposed natural and man-made features and
improvements including structures, landscape improvements, civil improvements,
and access ways including accessible routes if relevant. The plan may contain a
combination of site plans, narrative, and illustrative renderings.
9. Accessibility Plan.
A plan depicting accessible routes intended to meet the provisions of the
International Building Code. The plan should be of sufficient detail to understand
the intent of the developer but should not be considered a construction document.
10. Transportation Management Plan.
A plan describing/depicting the Transportation Impacts associated with the
project, as may be required by this Title, and containing proposed special
operational practices-or-demand management techniques to be- implemented to
reduce the impacts of the project on pedestrian, bicycle, transit, and road systems.
11. Historic Preservation Plan.
A plan showing the location and condition or existing structures and site features
to be protected or restored as approved by the City of Aspen. The plan shall
diagram and describe protection techniques to be used to protect historic
resources during construction or from demolition by neglect, including structure
stabilization, protection from weather or other site or environmental conditions,
temporary relocation, protective barriers or fencing, and other techniques to
protect an historic resource.
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The plan shall describe and depict restoration strategies to recover the structure(s)
or resources, including specific conditions of the approval. The plan shall include
an approval certificate for the Historic Preservation Officer.
12. Architectural Character Plan.
A plan depicting the general character of proposed structures. The plan should
depict the massing, layout, exterior materials, and fenestration of the proposed
buildings. The plan may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The plan does not need to show every aspect of every
building, especially if the architectural character is repeated. Interior demising
walls between units should be shown, but other interior layouts of individual
units, fixture details, furniture, etc. are not necessary to depict.
13. Landscape Character Plan.
A plan showing location, size and type of proposed landscape features. The plan
should depict the layout and character of plant materials, site features, hardscape,
fixed furniture, structures, fences, drainage improvements, and other exterior
elements. The plan may contain a combination of site plans, site sections, plant
type and material specifications, narrative, and illustrative renderings. The plan
may contain design details for site features or systems to be installed. The plan
does not need to show every detail of every exterior treatment. The plan shall
include an approval certificate for the Director of Parks and Open Space.
14. Vezetation Removal/Protection Plan.
A plan showing the location, size and type of existing vegetation and other natural
landscape features within the property limits, including the location of trees with a
trunk diameter of four (4) inches or more measured four and one-half (4'/2) feet
above the ground. For native species, the plan shall locate vegetation with a trunk
diameter of three (3) inches or more. Where large groves exist, single trees need
not be located. The plan shall diagram vegetation proposed for removal along
with a list of each tree, species, and measured caliper. The vegetation removal
plan shall correlate with excavation and grading plans. The plan shall diagram
and describe vegetation protection techniques to be used including protective
fencing and areas where materials storage will be prohibited. The plan shall
include an approval certificate for the Director of Parks and Open Space.
15. Existing and Proposed Site Topopraphy and Drainage.
A plan depicting the pre-development conditions and proposed grading of a site
including layout of proposed development and depiction of drainage basins. The
plan should provide a general description of proposed drainage improvements.
The plan should be of sufficient detail to understand the intent of the developer
but should not be considered a construction document. The plan may contain a
combination of site plans, sections, and narrative.
This may include an interpololated natural grade plan documenting estimated pre-
development conditions of the site. A plan estimating pre-development
topography must be prepared by a registered land surveyor or civil engineer. The
Community Development Director may require additional historical
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documentation, technical studies, reports, or other information to verify a pre-
development topography. The Director may require this plan be prepared in a
recordable format.
16. Public Easement Plan.
A plan depicting and describing the layout and purpose of existing and proposed
public easements affecting the property including those dedicated for current or
future infrastructure needs; those dedicated for current or future access needs such
as roads, trails, open space, fishing, skiing, or similar access or recreational needs;
and, those dedicated for current or future use, operational, or maintenance needs.
If the plan is intended to dedicate the easements, the plan shall be prepared in a
recordable format with appropriate approval and acceptance certificates.
17. Public Infrastructure Plan.
A plan depicting the layout and design of proposed public improvements to be
built by a developer. The plan shall include plans and specifications for all public
improvements to be installed with the proposed development including but not
limited to water and sewer utilities; electric transformers; streets, sidewalks, and
related improvements; trails; bridges; transit facilities; structures; storm drainage
improvements; and, similar public infrastructure or facilities. The Community
Development Director may require sufficient detail and unit totals for cost
estimating and surety requirements in conjunction with a Development
Agreement. In the alternative, the Community Development Director may
postpone submission of the detailed design and/or specifications necessary for
unit totals and costing for inclusion in a supplement to the Development
Agreement to be executed prior to issuance of a building permit. The City may
require as-built drawings prior to acceptance of the improvements. (Also see
Development Agreements, below.)
26.490.050. Development Agreements.
When required pursuant to this Title, the City and the developer shall enter into an
agreement documenting the nature, extent, sequencing, and details of a project, including
all conditions placed on the development order; the obligations and responsibilities of all
parties including successors and assigns; and the procedures to define and cure default or
failure to perform during the execution or operation of the project. The agreement shall
be binding upon the parties.
The form and content of the agreement shall be acceptable to the City Attorney, the
Community Development Director, and other City staff or outside agencies affected by
the agreement. The Development Agreement may refer to or contain an approved plan
set or similar maps, depictions, or descriptions of improvements or obligations.
The specific contents of a Development Agreement will vary according to the scope and
complexity of a project, but shall generally contain the following provisions:
A. A section of recitals stating the nature of the agreement, parties, background, and
references to related documents.
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B. A section stating the purpose and effect of the agreement.
C. A section stating the effect of prior approvals or agreements.
D. A section describing the zoning and regulatory approvals granted and the
allowances and restrictions of the approvals with references to approval
documents.
E. A section describing public improvements and required elements of the project
which are subject to performance guarantees, along with referenced or attached
plans and specifications.
F. A section describing any cost-recovery or pro-rata reimbursement schedule
related to over-sizing public infrastructure.
G. A section describing any unique construction techniques, sequencing, or timing
requirements.
H. A section describing any unique operating conditions or requirements of the
project during or following completion.
I. A section describing the effect and time period of statutory vested rights.
J. A section describing process and procedures for dispute resolution.
K. A section describing the process for amendments and extensions.
L. A section describing general provisions applicable to the agreement.
M. A section including or referring to agreements with utility agencies outside the
City, as applicable.
N. A section describing financial and site protection requirements and performance
guarantee requirements.
O. A section describing submission requirements for a building permit, including
unique submission, permit review, or permit issuance sequencing conditions of a
phased project.
Development Agreements shall not supersede the allowances and limitations of an
approved Development Order. If during drafting of the development agreement certain
amendments are desired by all parties, the amendments shall be subject to the procedures
and requirements applicable to such an amendment and the City shall issue an amended
Development Order if the amendments are approved.
26.490.060. Financial and Site Protection Requirements
A. Proof of Financing.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide to the City Building Department and the
City Attorney for review and approval satisfactory evidence that the Owner has in place
sufficient financing to accomplish and complete the construction related to the Building
Permit being sought, including all private and public improvements covered by the
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Building Permit, and all public improvements required under the Development Order or
Development Agreement. The requirement for proof of financing shall be defined in the
Development Order or Development Agreement for the project.
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the Owner's General Contractor and shall be reviewed by the City
Attorney before the Building Permit is issued.
B. Site Protection Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent, or other financial security acceptable to the City Attorney, to secure
recovery of the property and surrounding grounds to a safe condition in the event of a
work stoppage. The requirement for and the amount of a cash escrow shall be defined in
the Development Order or Development Agreement for the project. The Owner shall
execute an Escrow Agreement and Instructions with the Escrow Agent in a form
acceptable to the City Attorney. The agreement shall include instructions in substantially
the following form:
"In the event construction work on [the project] shall cease for sixty (60) days or
longer (`work stoppage') prior to completion of the work authorized by the
Foundation/Structural Frame Permit on [the project], then the City in its discretion
may draw upon the Escrow Funds from time to time as needed for purposes of
protecting and securing [the project] site, surrounding grounds, and improvements
from damage by the elements, from trespass by unauthorized persons, and for
purposes of improving [the project] site and surrounding grounds to a safe
condition such that it does not become an attractive nuisance or pose a threat to
neighbors or other persons."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon substantial
completion of the project to a "dried-in" condition. The Community Development
Director may authorize partial releases, in increments of no less than 25% of the original
surety, of the Site Protection Guarantee as portions of the project progress and public
safety issues are reduced.
C. Site Enhancement Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent, or other financial security acceptable to the City Attorney, to secure
recovery of the site and surrounding grounds to a visually acceptable condition and to
install public improvements on or adjacent to the project site to a safe condition in the
event of a work stoppage. The requirement for and the amount of a cash escrow shall be
defined in the Development Order or Development Agreement for the project. The
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Owner shall execute an Escrow Agreement and Instructions with the Escrow Agent in a
form acceptable to the City Attorney. The agreement shall include instructions in
substantially the following form:
"In the event construction work on [the project] shall cease for ninety (90) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by any permit or phase of permit for [the project], then the City in its
discretion may draw upon the Escrow Funds from time to time as needed for
purposes of improving the appearance of any construction already completed on
or adjacent to the project site and for installing any public improvements on or
adjacent to the project site. The City shall have sole discretion with respect to the
manner of improving the appearance of construction work in progress as well as
determining the public improvements to be installed."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection or issuance of a Certificate of Occupancy for the project,
or upon an earlier date as agreed to by the City. The Community Development Director
may authorize partial releases, in increments of no less than 25% of the original surety, of
the Site Enhancement Guarantee as portions of the project progress and aesthetic and
public improvement issues are reduced.
26.490.070. Performance Guarantees
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide certain performance guarantees to secure
successful implementation of public improvements, and private improvements that inure
to the benefit of the public, required under the Development Order or Development
Agreement. The requirements for performance guarantees shall be defined in the
Development Order or Development Agreement for the project.
A. Types of Guarantees.
Depending upon the nature and complexity of a project, the following types of
performance guarantees may be required:
1. Landscape Guarantee.
In order to ensure successful implementation of a landscape plan, the applicant
may be required to provide a guarantee to ensure the successful installation of all
landscaping required under a site specific development plan approval and the
continued maintenance and replacement of the landscaping for a period of two (2)
years after installation.
2. Native Landscape Restoration Guarantee.
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In order to ensure successful restoration of a native landscape, the applicant may
be required to provide a guarantee to ensure the successful recovery of a site's
native vegetation as required under a site specific development plan approval and
the continued maintenance and replacement of the native vegetation for a period
of two (2) years after installation.
3. Environmentally Sensitive Area Guarantee.
In order to ensure successful improvement to or restoration of an environmentally
sensitive area, including riparian areas and areas of steep topography, the
applicant may be required to provide a guarantee to ensure the successful
improvement to or reclamation of a site as required under a site specific
development plan approval and the continued maintenance and replacement of
vegetation for a period of two (2) years after installation.
4. Natural Hazard Mitigation Guarantee.
In order to ensure successful installation of natural hazard mitigation techniques,
the applicant may be required to provide a guarantee to ensure the successful
installation of hazard mitigation as required under a site specific development
plan.
5. Historic Preservation Guarantee.
In order to ensure the successful relocation, stabilization, protection, or restoration
of an historic resource as required under a site specific development plan
approval, the applicant may be required to provide a guarantee. Unless the
amount may be estimated as described herein, the amount of the guarantee shall
be established by the Historic Preservation Commission and may include certain
sequencing requirements or restrictions in relation to the development and
completion of other elements of a project.
6. Affordable Housing Guarantee.
In order to ensure the successful development and completion of affordable
housing as required under a site specific development plan approval, the applicant
may be required to complete the required affordable housing prior to completion
of other elements of a project. Proportionate requirements may be established for
phased projects, including phased completion of a project.
If sequencing strategies cannot adequately secure the successful development and
completion of required affordable housing, the applicant may be required to
provide a guarantee in a form described below.
7. Public Facilities and Public Infrastructure Guarantee. In order to ensure
installation of necessary public facilities and public infrastructure planned to
accommodate the development and as required under a site specific development
plan approval, the applicant may be required to provide a guarantee to ensure the
successful installation of all public facilities and infrastructure.
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8. Storm Water and Drainage Improvements Guarantee.
In order to ensure successful implementation of storm water and drainage
infrastructure planned to accommodate the development and as required under a
site specific development plan approval, the applicant may be required to provide
a guarantee to ensure the successful installation of all storm water and drainage
infrastructure.
9. Miscellaneous. In order to ensure successful performance or completion of a
requirement of a Development Order not otherwise contemplated herein, the
applicant may be required to provide a guarantee. The amount, form, timing,
inspection, and release provisions of the requirement shall be as defined in a
Development Agreement.
B. Amount of Guarantee.
Unless otherwise specified within a Development Order, guarantees shall be in an
amount no less than one-hundred-and-fifty percent (150%) of the current estimated cost
of the improvements described in the approved plans and specifications. Current
estimated costs shall be prepared by the General Contractor with supporting
documentation from Colorado licensed professionals, as applicable, for review and
acceptance by the City Engineer. The City Engineer may seek confirmation of cost
estimates from third party professionals with local construction costing expertise. The
City Engineer may require updated costing information if, in the opinion of the City
Engineer, the estimates do not reflect current market conditions. The City Engineer may
assign the review and acceptance of costs estimates to other City staff as necessary. In
such case, all references to the City Engineer in this sub-section shall be to that assigned
staff position. However, all tracking of the guarantee and releases thereof shall be
maintained by the City Engineer.
C. Form and Timing of Guarantees.
Prior to requiring a monetary guarantee, the City shall pursue every non-monetary
performance guarantee option, such as permitting or completion sequencing, in order to
minimize the financial impact of performance guarantees on a project.
Guarantees shall be described within a Development Agreement and specify each unit or
item, unit costs, and quantities. The Development Agreement shall contain or refer to
approved plans and specifications for the required improvements, as necessary. The
Development Agreement shall allow unit costs to be adjusted to current market
conditions unless a permit is accepted within one year of recordation of the Development
Agreement. Guarantees shall be funded prior to issuance of a building permit, or any
phase thereof which enables the initiation of construction.
Guarantees shall be in the form of a cash escrow with the City or a bank or savings and
loan association or an irrevocable sight draft or letter of commitment from a financially
responsible lender, or any other financial security acceptable to the City Attorney. The
guarantee shall give the City the unconditional right upon demand to partially or fully
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complete or pay for any improvements or pay any outstanding bills or to withdraw funds
upon demand to partially or fully complete or pay for any improvements or pay for any
improvement or pay any outstanding bills for work done thereon by any party.
D. Inspection and Release of Guarantee.
As portions of the required improvements are completed, the City Engineer (or assigned
staff as applicable) shall inspect them for compliance with the approved plans and
specifications. The City Engineer shall accept the improvements, or portions thereof, if
they conform to the approved plans and specifications. The City Engineer may reject the
improvements if they do not conform to the approved plans and specifications, may
require specific testing to confirm conformance, may require certain upgrades the achieve
conformance, or may postpone the inspection to accommodate seasonal or other
conditions. The City Engineer may delay acceptance of improvements until other related
improvements, which are part of an overall system, are constructed.
Upon inspection and acceptance, the City Engineer (or assigned staff as applicable) shall
authorize the release of one-hundred percent (100%) of the agreed estimated costs of the
improvements. As portions of a project progress, the City Engineer may release portions
of the agreed estimated costs of the improvements, in increments of no less than 25% of
the original agreed estimated costs.
The remaining fifty percent (50%) of the estimated costs shall be retained by the City for
a period of up to two (2) years from the date of final acceptance to ensure the
improvements perform as designed. During this two-year period, the City Engineer (or
assigned staff as applicable) may require the applicant, at his or her sole cost, perform
certain testing, maintenance, upgrades, or replacement of the improvements to ensure
they perform as designed. The City Engineer may draw upon the surety to accomplish
the same.
Upon completion of the two-year period and a final inspection and acceptance by the City
Engineer (or assigned staff as applicable), the remaining surety shall be released. The
City Engineer may extend the final inspection and acceptance period to accommodate
seasonal or other conditions that prevent inspection. The City Engineer may authorize
release of the remaining surety prior to the two-year period. The City Engineer may
authorize release of portions of the,remaining surety prior to the two-year period as
performance risks diminish. The City Engineer may authorize release of the remaining
surety by accepting a contractor's performance warrantee, or guarantee, acceptable to the
City Attorney.
A developer may assign, by affidavit, the receiver or beneficiary of surety releases, such
as to a contractor, owner, or other agent. The City Engineer may assign the inspection
and release responsibilities of this Section to other City staff as necessary. In such case,
all references to the City Engineer in this sub-section shall be to that assigned staff
position. However, all tracking of the guarantee and releases thereof shall be maintained
by the City Engineer.
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26.490.080 Deadlines and Extensions
Unless an alternate timeframe is specified by this Title or by the approving body, all
approval documents, plats, plans, and agreements shall be submitted to the Community
Development Department within one hundred eighty (180) days following issuance of a
Development Order.
Failure on the part of the applicant to submit required approval documents within this
timeframe shall render the land use approval invalid. The Community Development
Director may extend the submission deadline if the request is made within the statutory
vesting period, the applicant demonstrates evidence of preparing the needed documents,
and the applicant shows reasonable cause for the delay._ The Community Development
Director may forward the extension request to the City Council.
Unless an alternate timeframe is specified by the Community Development Director,
corrected approval documents shall be resubmitted to the Community Development
Department within ninety (90) days following the City's issuance of requested
corrections to the documents. Failure on the part of the applicant to resubmit corrected
documents within this timeframe shall render the land use approval invalid. The
Community Development Director may extend the resubmission deadline if the applicant
demonstrates good cause. The Community Development Director may forward the
request to the City Council.
26.490.090 Appeals
An applicant aggrieved by a determination made by the Community Development
Director, the Director of Parks and Open Space, the City Engineer, or city staff assigned
by said parties to administer this Chapter may appeal the decision to the Administrative
Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals.
Section 2: Effect Upon Existing Litigation.
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 ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3: Severability.
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: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall
become effective thirty (30) days following final passage.
Ordinance No.41, Series 2013.
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Section 5•
A public hearing on this ordinance shall be held on the 28 day of October, 2013, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice
of the same shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the � day of , 2013.
Attest-
Kathryn 9—K h, City Clerk Steven Ska ron,Mayor
FINALLY, adopted, passed and approved this&day of YI,2013.
Attest:
Kathryn . Koch, City Clerk Steve` Skad on, yor
Approved as to form:
ity Attorney
Ordinance No.41, Series 2013.
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