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ordinance.council.024-19 ORDINANCE NO. 24 Series 2019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES'•Z•3—SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE – GENERAL PROVISIONS; 25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; 25.20 MISCELLANEOUS PROVISIONS; 25.28 WATER SHORTAGES; AND 25.30 WATER EFFICIENT LANDSCAPING STANDARDS; AND, DELETING CHAPTER 25.18 STORMWATER SYSTEMS. WHEREAS, the City owns and operates a public electric and water system; and WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such services; and WHEREAS, the City Council supports electric and water rate structures that place a value on, and incentive for, conservation and efficiency programs, policies, and improvements. 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, which section sets forth Utilities'2 3, is hereby amended, and added to,to read as follows: Chapter 25.04 ELECTRICITY' ' Cross-reference Electrical Code, § 8.24.010 et seq. Sec. 25.04.035. Electric Community Investment Fee The Electric Department must expand the electric system facilities to accommodate new development without decreasing current reliability and service standards. The Electric Department distributes electricity to the customers in its service area by means of an integrated and interdependent system- wide network of electric facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new development and expansion of existing services within the service area as measured at each individual electric meter. The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities needed to deliver electric services to new or expanded services. Effective January 1, 2020, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows: ECI Residential ECI Commercial Panel Amps 1 Phase 120/240V 1 Phase 120/240 3 Phase, 120/208V 3 Phase, 277/480N' 100 $ 1,186 $ 3,164 $ 3,558 $ 8,210 200 $ 2,373 $ 6,327 $ 7,115 $ 13,683 300 $ 4,746 $ 9,491 $ 10,673 $ 24,629 400 $ 6,327 $ 12,655 $ 14,230 $ 32,839 600 $ 9,491 $ 18,982 $ 21,345 $ 49,259 800 $ 12,655 $ 25,310 $ 28,461 $ 65,678 1000 $ 15,818 $ 31,637 $ 35,576 $ 82,098 1200 $ 18,982 $ 37,964 $ 42,691 $ 98,518 1400 $ 22,146 $ 44,292 $ 49,806 $ 114,937 1600 $ 25,310 $ 50,619 $ 56,921 $ 131,357 1800 $ 28,473 $ 56,947 $ 64,036 $ 147,776 2000 $ 31,637 $ 63,274 $ 71,152 $ 164,196 2200 $ 34,801 $ 69,601 $ 78,267 $ 180,615 2400 and above $ 37,9641 $ 75,9291 $ 85,382 1 $ 197,035 (Ord. NO 27-2017) Sec.25.04.036.Waivers and exemptions from electric community investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from and waivers of the electric community investment charges when connecting to the City of Aspen's electric system. There are three types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained and continuously operable electric efficiency/conservation devices and practices as designated from time to time by the City Council by ordinance,resolution,or by regulations issued by the City Manager or the Electric Department. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined as follows: (i)Qualified Employee Housing shall be defined as publicly or privately constructed and owned projects which: (a)are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and (b) are composed of one hundred percent (100%) employee housing units; and, (c) are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, (d) are maintained as qualified employee housing. (ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time. Fee Waiver Level Category 1 100%Waiver Category 2 70%Waiver Category 3 40%Waiver Category 4 0% Waiver Category 5 0%Waiver Category 6 0%Waiver Category 7 0%Waiver Resident Occupied 0%Waiver Free Market Units 0% Waiver (iii) Affordable and Free Market Mix shall be defined as a project that: (a) consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing (free market) units; and, (b) were not constructed for mitigation purposes. (c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any electric community investment charges when connection is made to the City of Aspen's electric system. (d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total electric community investment charge as set forth in the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for these units or there is no association with free market development, are eligible for a waiver of the percentage of the total electric community investment charge as set forth in the Fee Waiver Schedule. (f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units, projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the electric efficiency/conservation devices and practices are not be installed as required, are not properly maintained or continuously operable,the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the electric community investment charges exempted by this Section. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or owners. (g) Electric Community Investment Charge Waiver- Single Occurrence. Electric community investment charge waivers for employee housing exemptions are a one-time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive an electric community investment charge waiver, however a credit for the AMPs assigned to the specific employee housing unit will be allowed against additional fees due to these improvements. Sec.25.04.040. Electric service rates. (a) Effective in the January 2020 monthly billing, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay a monthly customer availability charge as follows: Small Large Residential Commercial Commercia AMP Size Customer Customer Customer 100 AMP $16.90 $16.37 $13.65 200 AMP $36.68 $35.12 $27.81 300 AMP $62.29 $59.39 $46.15 400 AMP $92.63 $88.13 $67.87 600 AMP $165.08 $156.78 $119.74 800 AMP $250.87 $238.08 $181.17 1000 AMP $348.19 $330.30 $250.84 1200 AMP $455.79 $432.26 $327.89 1600 AMP $698.45 $662.21 $501.63 1800 AMP $832.25 $788.99 $597.43 2000 AMP $973.70 $923.03 $698.70 2200 AMP $1,139.23 $1,079.95 $817.48 2400 AMP and above $1,332.90 1 $1,263.54 $956.45 (b) In addition to the monthly customer availability charge, and effective in the January 2020 monthly billing, the residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: Additional Additional Remainin Usage Usage Up Per Usage Up Per g Usage AMP Size Up To Per KWh To KWh To KWh Over Per KWh 100 AMP 400 $0.0860 1,080 $0.1289 1,920 $0.1934 1,920 $0.3386 200 AMP 520 $0.0860 1,360 $0.1289 2,800 $0.1934 2,800 $0.3386 300 AMP 1,600 $0.0860 3,600 $0.1289 6,160 $0.1934 6,160 $0.3386- 400 AMP 1,600 $0.0860 3,600 $0.1289 6,160 $0.1934 6,160 $0.3386 600 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.l 934 8,800 $0.3386 800 AMP 2,800 $0.0860 5,440 $0.1289 1 8,800 $0.1934 1 8,800 $0.3386 1000 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.1934 8,800 $0.3386 1200 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.1934 8,800 $0.3386 1600 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.1934 8,800 $0.3386 1800 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.1934 8,800 $0.3386 2000 AMP 2,800 $0.0860 5,440 $0.1289 8,800 $0.1934 8,800 $0.3386 (c) Effective January 1, 2020 all electric accounts that service 5 or more individual units shall be considered a small commercial customer and shall have rates associated with a small commercial account rather than a residential account. Additionally, all commercial accounts that do not meet the requirements for large commercial designation shall be considered small commercial accounts, which includes previous class of small commercial city facilities customers. In addition to the monthly customer availability charge, and effective in the January 2020 monthly billing,the small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: Additional Usage Usage Up Additional Remaining AMP Size Up To Per KWh To Per KWh Usage Up To Per KWh Usage Over Per KWh 100 AMP 880 $0.0923 2320 $0.1154 4800 $0.1732 4800 $0.2771 200 AMP 1280 $0.0923 3120 $0.1154 5760 $0.1732 5760 $0.2771 300 AMP 3360 $0.0923 7120 $0.1154 12240 $0.1732 12240 $0.2771 400 AMP 3360 $0.0923 7120 $0.1154 12240 $0.1732 12240 $0.2771 600 AMP 6560 $0.0923 13200 $0.1154 18400 $0.1732 18400 $0.2771 800 AMP 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 1000 AMP 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 1200 AMP 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 1600 AMP 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 1800 AMP 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 2000 AMP and above 13600 $0.0923 28000 $0.1154 44800 $0.1732 44800 $0.2771 (d) In addition to the monthly customer availability charge, and effective in the January 2020 monthly billing, the large commercial customer, which includes previous class of large commercial city facilities customers, (with operable demand metering systems in place and measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy measured in kilowatt- hours(kWh)during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that meter reading cycle: Demand Charge on Usage Remaining Customer AMP Size Up To Per KWh Usage Over Per KWh Peak kW 100 AMP 23200 $0.0673 23200 $0.0841 $16.98 200 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 300 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 400 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 600 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 800 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 1000 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 1200 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 1600 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 1800 AMP 23200 $0. 0673 23200 $0. 0841 $16.98 2000 AMP and above 23200 $0. 0673 23200 $0. 0841 $16.98 (e) In addition to the monthly customer availability charge, and effective in the January 2020 monthly billing, an alternative 200 AMP customer rate shall be available for new deed-restricted, residential properties with electric heat and built in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to deed-restricted residential electric accounts that have been reviewed and approved as a qualifying residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Usage Per KWh Additional Per KWh Additional Per Remain Per KWh Size Up To Usage Up Usage Up KWh ing To To Usage Over 200 1100 $0.0860 2,800 $0.1289 4,000 $0.1934 1 4,000 $0.3386 AMP (Code 1971, § 23-18.1; Ord. No. 42-1984, & 1; Ord. No. 76-1992, & 1; Ord. No. 36-1996, § 1; Ord. No. 41-2004, §1; Ord. No. 7-2006, 1; Ord. No. 37-2008; Ord. No 29-2011_; Ord. No. 36-2011; Ord. No. 37-2014, §1; Ord. No. 44-2015, Ord. No. 38-2016, Ord. No. 27-2017; Ord. No. 28-2018) Sec. 25.04.110. Deposit for electric service. (a) When a tenant applies for electric service at a new location, the applicant shall be required to place a cash deposit in the following manner: Residential service: one hundred fifty dollars ($150.00). Commercial service: (1) An amount equal to the service bills for the subject property for the three(3) highest months of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2) If there is no similar prior space or use on which to compute the amount provided in Subsection (a)(1) above, then an amount to be determined by the Utilities Director within his or her sole discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b) Subject to the approval of the Utilities Director based on previous credit history with the City of Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of their tenant's deposit requirement. To request approval of the Utilities Director, the owner must complete an application which informs the owner of the possibility of a lien upon the premises for unpaid bills,pursuant to Section 25.04.090 above. (a) Deposits shall be held by the Director of Finance until service is discontinued and final service bills paid and will accrue interest at five percent (5%)per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final bill is issued. Effective January 1, 2013 no deposit will accrue interest. (Code 1971, § 23-25; Ord. No. 28-1982, § 1; Ord. No. 68-1994, § 14; Ord. No. 57- 2000, § 7; Ord. No. 30-2012 §37) Chapter 25.08 WATER SERVICE—GENERAL PROVISIONSI, 2 1 Editor's note—Ord. No. 27-1985, § 1, repealed former Art. III, Divs. 1-6,relative to water service and enacted in lieu thereof a new Art. III,Divs. 1-6 [Chapters 25.08-25.28],as herein set out. The provisions of former Art. III derived from the following ordinances: Ord. No. Section Ord. No. Section 21-1975 1 30-1982 1-3 34-1977 4 3-1983 1(A)---(E) 60-1980 l 8-1983 1 36-1981 1 52-1983 1 39-1981 1 18-1984 1(A)---(D) 40-1981 1 19-1984 1 41-1981 l 25-1985 1(A"D) 42-1981 1 26-1985 1 21-1982 1 46-1985 1 28-1982 2 2 Cross-reference—Plumbing Code, § 8.36.010 et seq.; tapping charges, § 8.36.040; health and quality of environment, Title 13; water quality, § 13.04.010 et seq. Sec. 25.08.060. Definitions. The following definitions shall apply under this Chapter concerning water service: (a) Annual water budget means those direct and indirect expenditures and costs, including debt service, required to provide water service in the coming year, as documented in the annual budget. (b) Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of this Code or by Pitkin County, Colorado pursuant to County building regulations. (c) Carriage of untreated water rights means those rights held by a water user other than the City of Aspen and conveyed through a ditch, pipeline or other series of water conveyance facilities owned and/or operated by the City of Aspen. Rates charged for conveyance of this water are referred to as "carriage"rates for raw water. (d) Comprehensive water management plan means the comprehensive water management plan for the City as initially prepared and adopted in 1980 and as thereafter revised and updated. (e) Director of water treatment and supply, Director, Water Superintendent or Superintendent, Director of Utilities means the Director of the City of Aspen Water Utility, who, under the direction of the City Manager, has charge of all facilities of the Aspen water utility and has the duty to supervise the utility and to maintain and control the same. (f) Equivalent capacity unit(ECU)means a unit reflecting that part of the capacity of the water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities or other water demand factors. (g) Hook-up charge means a charge based on a new customer's line size to recover certain costs of making a physical connection to the water system. (h) Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may accept in lieu of a water rights dedication from a party seeking extraterritorial water service, in an amount determined by the City, in its sole discretion, to be reasonably necessary to purchase and change water rights, or otherwise acquire water rights and supplies of sufficient quantity and seniority, at an appropriate location, to reliably provide water for the proposed water demands of the project. (i) Utility connection permit means permission by the City to physically connect to the water system or to change the use of any existing connection and any additional contractual terms which may be imposed. (j) Utility investment charge means a charge to recover certain capital costs allocated to new customers which charge is based on a new customer's ECU rating and billing area factor. (k) Water demand factor or fixture means any of the water demand factors or fixtures set forth in Subsections 25.08.090(a) or(b)below. (1) Water Department means the department of the City under the supervision of the Director of Utilities. (m) Water rights dedication is a dedication required by any party seeking extraterritorial water service from the City of water rights acceptable to the City. "Water rights acceptable to the City" shall mean such water rights as are determined by the Water Department, in its sole discretion, to be sufficient in quantity, seniority and location, to reliably provide for the proposed water demands of the project, as well as water rights historically used on the property to be served. (n) Water service billing area, billing area or area of water service billing means an area established by the City Water Department for purposes of calculating and assessing tap and/or other water service fees. The designation of a water service billing area as provided for in this Title shall not be construed as an offer, obligation, exclusive right, willingness or ability to serve any customer, prospective customer or geographical area with municipal water or water services. (o) Water service or utility service means any connection to the water system and shall include but is not limited to all requirements service, irrigation only, fire protection only and irrigation and fire protection only service. (p) Water system, City water system, water utility, municipal utility system, municipal water utility system or City water utility means the City water utility as defined in Section 25.08.010. (Code 1971, § 23-41; Ord. No. 27-1985, § 1; Ord. No. 39-1993, § 1; Ord. No. 30-2012§1) (q) Well development charge recovers the capital costs of development groundwater sources capable of being integrated into the potable water supply system by any party seeking extraterritorial water service from the City. Sec. 25.08.070. Billing areas and billing area factors. (a) The billing areas of the Water Department shall be known as follows: Billing area Name 1 Central Aspen 2 Eastside 3 Northside 4 Westside 5 Maroon/Castle Creeks 6 Airport 7 Music School 8 Reserved A customer shall be located in the billing area in which either the customer's point of connection to the water system is located or in which the customer consumes any water. Where a customer's point of connection and any point of consumption are in different billing areas, the customer shall be located in one of the areas at the Water Department's discretion. (b) Annual debt service and other annual fixed costs approved for the water system shall be allocated among billing areas in accordance with the following weighting factors: Billing area Weighting Factor 1 1.00 2 2.00 3 2.00 4 1.25 5 1.75 6 2.00 7 1.50 (c) The billing area weighting factors in Subsection (b) above shall be applied in calculating the demand and fire protection charges, as well as utility investment charges, under Sections 25.16.010; 25.16.020; and, 25.12.040, except as otherwise provided herein. (Code 1971, § 23-42; Ord. No. 27-1985, § 1; Ord. No. 34-1988, §§ 4, 5; Ord. No. 39-1993, § 2; Ord. No. 41-1998, § 2; Ord. No. 30-2012 §2) See. 25.08.090. Equivalent capacity units. (a) All water service shall be rated by the Water Department in accordance with the following table: (1) LONG-TERM RESIDENTIAL (Occupancy extending more than one(1)month): ECU 1 st full bath 0.36 2nd full bath 0.24 Each additional full bath 0.12 Each kitchen full cooking 0.25 Each kitchenette modest cooking 0.15 Each bedroom 0.10 (2) LODGING BEDROOMS (Occupancy per person extending less than one (1)month): ECU Each bedroom with no bath or 0.45 cooking facilities, but with dormitory style bathrooms in hallways Each bedroom with no bath,but 0.60 with modest cooking facilities and dormitory style bedrooms in hallways Each bedroom with full bath 0.55 but no cooking facilities Each bedroom with full bath 0.65 and wet bar(microwave and under the counter icebox Each bedroom with full 0.70 bath and modest cooking facilities (3) SHORT- OR MIXED-TERM RESIDENTIAL (Occupancy per person extending less than one(1)month): ECU Each full bath 0.36 Each kitchen full cooking facilities 0.25 Each bedroom 0.30 4 IRRIGATION: Line Minimum Size ECU Rating Each bib hose in addition to sprinkler system fixed piping/spray or drip emitters, i.e. hose bib w/irrigation) Any 0.05 Hose bib only i.e. hose bib for irrigation) Is'hose bib An 0.20 2°d hose bib Any 0.10 3rd hose bib An 0.05 Yard Hydrant .5/h drant Irrigation System - Spray 0.01/100 Sq. Ft. Drip Irrigation System 0.001/Drip Emitter (5) RESTAURANTS: Each seat: 0.08 ECU. *Note: Temporary public seating for restaurants will be charged at an annual rate of ten dollars and zero cents ($10.00)per seat to be paid once a year at time of permitting. (6) NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1 st 25/0.024 ECU thereafter. (7) OFFICE SPACE: Each one hundred(100) square feet: 0.02 ECU. (8) RETAIL SPACE: Each one hundred(100) square feet: 0.01 ECU. (9) COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.05 ECU. (10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.048 ECU 1 st 25/0.024 ECU thereafter. (11) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each 10 seats: 0.080 ECU year-round/0.048 ECU summer. (12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums and administrative office space): Each pupil: 0.04 ECU 1 st 25/0.02 ECU thereafter. (13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.15 ECU. (14) GAS STATIONS: Each service or lubrication bay: 0.25 ECU. (15) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45 ECU. (16) HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each bed: 0.50 ECU. (b)The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department shall increase the ECU rating in accordance with the following table: ECU Toilet/urinal 0.05 Mop/laundry sink (per compartment 0.05 Kitchen sink (per compartment) 0.05 Lavatory sink (per compartment) 0.02 Combo toilets toilet/bidet, toilet/lav 0.07 Bar sink(per compartment) 0.05 Garbage disposal 0.05 Household dishwasher 0.10 Commercial dishwasher(per '/8" of supply line diameter 0.10 Dishwasher drawer(single) 0.05 Steamer oven 0.05 Household clothes washer 0.10 Commercial clothes washer(per '/8" of supply line diameter 0.10 Commercial icemakerer '/8" of supply line diameter 0.05 Tub/shower combined or separate) 0.05 Bidet 0.05 Wet saunas 0.08 Humidifiers 0.05 Jacuzzi (per 100 gal. of capacity) 0.02 Hot tub/spa pool (per 100 gal. of capacity) 0.01 Swimming pool (per 1,000 gal. of capacity): 0.02 Industrial process or waste water (not served by sanitary sewer): Each 1,000 gal./day non- 1.50 consumptively used Each 1,000 al./da consumptively used 3.90 Fountains: Non-continuous drinking 0.05 Continuous drinking 0.50 Non-recycling decorative 0.50 0.10 Recycling decorative Water softener(per ECU): 0.02 Residential 0.01 Commercial Fire protection sprinkler heads 0.00 (c) In the event that the water service cannot be adequately rated under the tables in Subsections (a) and (b) or if there are unusual or special circumstances warranting a special ECU rating, the service may be rated as determined by the Water Department at the customer's expense. The Water Department may also adjust the ECU rating of any water service if the metered demand of such service differs substantially from the ECU rating under Subsections (a) and (b). (d) In no event shall the ECU rating be less than the following minimums: Line Size Minimum ECU 3/It 1.0 1" 2.0 1'/" 3.0 1'/Z" 4.0 2" 8.0 4" 20.0 6" 30.0 8" 60.0 For line sizes larger than six (6) inches, the minimum ECU rating shall be determined by the Water Department after consultation with the City Manager. (e) The ECU rating per customer pursuant to Subsections (a), (b), (c) or (d) shall be applied in calculating utility investment charges under Section 25.12.040 and in calculating monthly demand, extraordinary water use, and fire protection charges under Sections 25.16.010 and 25.16.020. (f) Commercial agricultural uses shall be limited to a maximum of 1 ECU of potable water without the prior express written consent of the City Manager. (Code 1971, § 23-44; Ord. No. 27-1985, § 1; Ord. No. 36-1995, § 1; Ord. No. 43-1996, § 16; Ord. No. 30-2012 §4; Ord. No. 15-2019) Chapter 25.12 UTILITY CONNECTIONS Sec. 25.12.010. Connection to municipal utility system. All buildings, structures, facilities, parks or the like within the City limits which use water shall be connected to the municipal treated water utility system. No person shall connect an independent water supply onto the municipal water utility system. The City of Aspen shall be the sole provider of all treated and untreated water service to the Subject Property for all purposes, including irrigation. Without Aspen's prior written permission, there shall be no use on the Subject Property of raw or treated water from wells,ditches,or other sources. The owner of the Subject Property will not develop, allow, or utilize an independent treated or untreated water system, or any wells within or serving the Subject Property. (Code 1971, § 23-55; Ord. No. 27-1985, § 1; Ord. No. 30-2012§5) Sec. 25.12.015. Raw water supplies (non-potable). This section is applicable to all connections to the City of Aspen Water Utility potable water system. Raw water supplies for irrigation systems shall be provided exclusively by the City of Aspen Water Utility. The owner of the property proposed to be irrigated from City of Aspen water facilities shall dedicate the city all raw water transmission facilities and all water rights appurtenant to the proposed property. For those developments in which raw water irrigation can be used, development proposals shall include provisions for recording of covenants and restrictions against the use of treated water outdoors and against the use of untreated water other than in accordance with the landscaping, irrigation, and drainage management plan provided for in a development proposal. (Ord. No. 27-2017) Sec. 25.12.020. Application for utility service. (a) Where both the utility service connection and all points of consumption are within the corporate limits of the City, this shall be considered to be a utility service within the corporate limits of the City and shall be made as provided in this Chapter and in accordance with the Aspen Area Community Plan and City Council resolutions relating to water policies and operating procedures, as such exist at the time of the request for connection. (b) Every extension of water service where either the utility service connection or any point of consumption is outside the corporate limits of the City shall be considered an extraterritorial tap and shall be made only pursuant to agreement with the City, in accordance with the City water main extension policy and consistent with the Aspen Area Community Plan and City Council resolutions relating to water policy and operating procedures as such exist at the time of the request for connection, and such extraterritorial service must be approved by City Council ordinance as required by the Charter. The City shall not be obligated to extend water service outside the corporate limits of the City and may grant water service only upon a determination that no conflict exists between the best interests of the City, as expressed in the Aspen Area Community Plan and as otherwise determined by the City Council and the prospective water use. The City may impose such contract, water rights dedication, system development fees, and bond requirements as it deems necessary to safeguard the best interests of the City. An individual extraterritorial connection (including a fire hydrant) made to an existing City water main, pursuant to Water Department procedures for such connections, is deemed to be an extraterritorial water connection approved by City Council without the need for further City Council ordinance. If the City agrees to accept a payment in lieu of water rights dedication, that fee will be$6,736/ECU commencing January 1, 2020. (c) Any person who desires to connect to the municipal water utility system or who is already connected to the municipal water utility system and intends to add or change a water demand factor or fixture shall file an application for utility service provided in Subsections(e) and (f) of this Section and pay all fees prior to obtaining a required building or plumbing permit. If no building or plumbing permit is required, the application shall be made prior to making the connection or to adding or changing the water demand factor or fixtures. All utility development review fees, utility investment charges, system development fees, hook-up charges, water main extension costs, and water rights dedication or fees in lieu of water rights dedication shall be due and payable when all city submittal fees are due unless prior written approval is obtained from the Water Department for a different method of payment. (d) Persons seeking an alternate method of payment of the assessment fee(s),shall make written application to the Water Department specifying the method of payment and all related forms. The Water Department upon review of the application, shall either approve, disapprove or modify the proposal to satisfy Water Department needs. (e) Applications for utility service shall be made in writing to the Water Department on such forms as the Water Department may prescribe. Except as provided in Subsection (f)of this Section, application must be made by the owner of the property to be served or his or her duly authorized agent, designating the property, stating the purpose for which the water may be required and stating the ECU rating associated with such purpose. (f) Any person not an owner may apply to the Water Department for utility service to property which said person occupies but does not own. The application shall state the location of the property, the purpose for which water is required and the interest of the applicant in the property. The Director of Utilities may, in the exercise of his or her discretion, accept the non-owner application for utility service and may impose such conditions as it sees fit with regard to the account, including the furnishing of a deposit. (g) A utility connection application shall be required, utility investment charges shall be assessed and, where appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be required for any new or expanded use of water, whether or not such new or expanded use requires a new or enlarged utility service connection. (Code 1971, § 23-56; Ord. No. 27-1985, § 1; Ord. No. 8-1988, § 1; Ord. 39-1993, § 4; Ord. No. 16- 1994, §§ 1, 2; Ord. No. 30-2012 §6) See. 25.12.025. Utility development review fee. (a)All projects on properties within the City of Aspen that require engineering development review or that will add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a City building permit; All projects on properties outside City of Aspen limits that may change or impact City water service are subject to the utility development review prior to submittal of a Pitkin County building permit application. (b) Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit. (c) If submitting a building permit application to Pitkin County for a project that may change or impact City water service,the following documents are required for the utility development review: (1)Utility development review application; (2) relevant building plans, which may include architectural, civil, and/or water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator. (d)The utility development review fee shall be as set forth in Subsection(e) of the Section. (e) Utility Development Fees 2020 Rate Projects with 0 to 200 Sq. Ft. of Affected Area $250.00 Projects with 201 to 5,000 Sq. Ft. of Affected $1.50/sq. ft. Area Projects of 5,001 to 15,000 Sq. Ft. of Affected $1.50/sq. ft. for 1st 5,000 sq. ft. + $1.25/sq. ft. Area thereafter Projects with more than 15,000 Sq. Ft. of $1.50/sq. ft. for 1st 5,000 sq. ft. + $1.25/sq. ft. Affected Area for next 10,000 sq. ft. +$1.15 sq. ft. thereafter Project Type Applicability and Calculation New Construction (including "scrape and Fee calculated according to affected area. replace") Affected area is calculated as square footage of the building footprint, plus the square footage of exterior disturbance. Calculation instructions are set forth in Section (f), below. Interior or exterior work that triggers an Fee calculated according to utility affected engineering development review, or includes area. Utility affected area is the total square adding, removing, or otherwise making footage of all rooms/work areas in which changes to any plumbing fixtures on the plumbing fixtures are affected, plus the total property square footage of any exterior disturbance. Calculation instructions are set forth in Section (g), below. Interior or exterior work that does not trigger No Review or Fee Required. an engineering development review, and does not include making any addition(s), subtraction(s), or other change(s)to plumbing fixtures (f) Calculating affected area for new construction projects -- Affected area shall be calculated as follows: (1) Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work area within the building. (2) Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3) Enter building square footage. Building square footage is the building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (£1) to determine building square footage. (4) Enter square footage of the grade floor area of the project. (5) Enter net building square footage. Net building square footage is equal to either the building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square footage. (6) Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stock pile areas. (7) Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section. (g) Calculating utility affected area for remodel/renovation/alteration projects-- Utility affected area shall be calculated as follows: (1) Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2 alteration of work area within the building in which plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the total square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (2) Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3) Enter utility building square footage. Utility building square footage is the utility building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection(g) to determine utility building square footage. (4) Enter square footage of the grade floor area of the project. (5) Enter net utility building square footage. Net utility building square footage is equal to either the utility building square footage or the grade floor square footage,whichever is smaller. Enter the smaller of the two numbers calculated in Section(3)or Section(4)of this Subsection(g)to determine net utility building square footage. (6)Enter the disturbance area.The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stock pile areas. (7)Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of Subsection(g) of this Section. (h) Definitions: (1) Building footprint alteration square footage is the work area portions of an existing building undergoing reconfiguration of space,the reconfiguration or extension of any system, or the installation of any additional equipment. (2) Utility building footprint alteration square footage is the total area of rooms within the building in which any plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (3)New square footage is measured within the inside perimeter of the exterior walls of the new addition under consideration,without deduction for corridors,stairways,ramps,closets,the thickness of interior walls, columns or other features. New square footage includes the exterior usable area under the horizontal project of the roof or floor above not surrounded by exterior walls. (4) Building square footage includes both the building footprint alteration square footage and the new square footage. (5) Utility building square footage includes both the utility building footprint alteration square footage and the new square footage. (6)Grade floor area is measured within the inside perimeter of the exterior walls of a building, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. Grade floor area includes the exterior usable area under the horizontal projection of the roof or floor above not surrounded by exterior walls. (7) Net building square footage includes both the building footprint alteration square footage and the new square footage; however,the total shall not exceed the area of the grade floor area of the complete new building. (8) Net utility building square footage includes both the utility building footprint alteration square footage and the new square footage;however, the total shall not exceed the area of the grade floor area of the complete new building. (9) Disturbance area is defined by exterior area of the building where the ground is disturbed. This includes,but is not limited to, soil grading,landscaping,removing impervious area,adding impervious area, replacing impervious area, layback areas, construction access areas, and stock pile areas. (10) Affected area is the net building square footage plus the disturbance area, with the net building square footage equaling the smaller of either the building footprint alteration plus the new square footage or the grade floor square footage. (11) Utility affected area is the net utility building square footage plus the disturbance area, with the net utility building square footage equaling the smaller of either the utility building footprint alteration plus the new square footage or the grade floor square footage. (Ord. No. 38-2016; Ord. No. 28-2018) Sec. 25.12.040. Utility investment charges. (a)The utility investment charge per each equivalent capacity unit(ECU) for each billing area shall be as set forth in Subsection (d) of this Section. (b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge in Subsection (d). (c) Before any water is furnished, pursuant to a utility connection application and permit, Water Department personnel shall inspect the property designated on the application and shall certify on the application that the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection,water may only be furnished to the property for construction purposes upon proper payment therefor. If the ECU rating for the property as developed is less than the ECU rating on the application,the applicant shall be entitled to a refund of any overpayment of the total utility investment charge,but no refund shall be made of any utility hookup charge or of any water main extension costs, water rights dedication fees, interest on any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the developed property is greater than the ECU rating on the application and no larger or additional connections are made, no water shall be furnished until the deficit in the total utility investment charge has been paid. If a larger or additional connection is made, no water shall be furnished until the deficits in the total utility investment charge, the utility hookup charge and all other applicable charges and fees,have been paid. In every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the property, and the connections. (d) Utility investment charges (tap fees) are computed as follows: (i) For the purpose of utility investment charge computation, the following fees shall be assessed per ECU effective January 1, 2020: Billing Area Charges per ECU Billing Area 1 $7,960.00 Billing Area 2 $15,920.00 Billing Area 3 $15,920.00 Billing Area 4 $9,950.00 Billing Area 5 $13,930.00 Billing Area 6 $15,920.00 Billing Area 7 $11,940.00 Billing Area 8 Reserved The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU points for the utility connection applied for by the applicant. (e) System development charges recommended by the Water Department may be authorized from time to time by the City Council. System development charges are fees intended to provide for additional water system development that is intended to enhance the reliability of City water service to all customers, and may include, for example, well system, development fees or plant investment fees. Effective January 1, 2020 Well System Development fees that be calculated at a rate of$1,675/ECU. (Code 1971, § 23-58; Ord. No. 27-1985 § 1; Ord. No. 54-1986, § 1; Ord. No. 34-1988, § 6; Ord. No. 19-1990, § 3; Ord. No. 39-1993, & 5; Ord. No. 30-2012 §8; Ord. No, 28-2018) Sec. 25.12.060. Utility hookup charge. (a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipment required to make a tap. Effective January 1, 2020 the utility hookup charge shall be as follows: Line Size Charges 3/4" $1,000.00 1" $1,500.00 1.5" $1,750.00 2" $2,000.00 4" $2,500.00 6" $3,000.00 8" $3,500.00 (b) In addition to the costs listed above, the cost of the corporation stop and other materials used in making the tap shall be charged at the actual cost of materials plus a twenty-five percent (25%) handling and stocking charge. The cost of the installation of the corporation stop shall also be included. The water user shall furnish and pay for all other materials, labor and all expenses in and about the making of all connections with the main, including all costs of the service lines and meter installations, except for the specific costs included in the utility hookup charge in this Section. (c) If warranted by unusual or special circumstances, the Water Department may impose special utility hookup charges. (Code 1971, § 23-61; Ord. No. 27-1985, § 1; Ord. No. 11-1988, § 1; Ord. No. 53-1995, § 21; Ord. No. 30-2012 §9) Sec. 25.12.160. Waivers and exemptions from utility investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from and waivers of the utility investment charges and system development charges when connecting to the City of Aspen's water system. There are three types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained and continuously operable water conservation devices and practices as designated from time to time by the City Council by ordinance,resolution, or by regulations issued by the City Manager or the Water Department. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined as follows: (i) Qualified Employee Housing shall be defined as publicly or privately constructed and owned projects which: (a) are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and (b) are composed of one hundred percent (100%) employee housing units; and, (c) are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, (d) are maintained as qualified employee housing. (ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. Housing Categories as referenced in the Aspen/Pitkin County Fee Waiver Level Housing Authority Guidelines,as may be amended from time to time. Category 1 100% Fee Wavier Category 2 70% Fee Waiver Category 3 40% Fee Waiver Category 4 0%Fee Waiver Category 5 0% Fee Waiver Category 6 0% Fee Waiver Category 7 0%Fee Waiver Resident Occupied 0% Fee Waiver Free Market Units 0% Fee Waiver (iii) Affordable and Free Market Mix shall be defined as a project that: (a)consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing(free market) units; and, (b) were not constructed for mitigation purposes. (c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any utility investment charges and system development charges when connection is made to the City of Aspen's water system. (d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge and system development charge as set forth in the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for these units or there is no association with free market development, are eligible for a waiver of the percentage of the total utility investment charge and system development charge as set forth in the Fee Waiver Schedule. (f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units,projects receiving Affordable Housing Credits,or projects that are considered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the water conservation devices and practices are not be installed as required, are not properly maintained or continuously operable, the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the utility investment charges and system development charges exempted by this Section. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or owners. (g) Utility Connection Charge and System Development Charge Waiver- Single Occurrence. Utility connection charge and system development charge waivers for employee housing exemptions are a one-time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive a utility connection charge or system development charge waiver, however a credit for the ECU's assigned to the specific employee housing unit will be allowed against additional fees due to these improvements. (Ord. No. 8-1995, § 1; Ord. No. 36-1995, § 2; Ord. No. 13-2011; Ord. No. 30-2012 §19) Chapter 25.16 WATER RATES AND CHARGES Sec. 25.16.010. Monthly rates for metered water service. All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer accounts shall pay on a monthly basis the sum of charges one(1) through four(4) that follow: (1) Effective in the January 2020 monthly billing,all metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $6.08 2 2.00 $12.16 3 2.00 $12.16 4 1.25 $7.60 5 1.75 $10.64 6 2.00 $12.16 7 1.50 $9.12 (2) Effective in the January 2020 monthly billing,all metered accounts shall pay a monthly variable charge per ECU as follows: Additional Additional Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000 Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons Up To Rate To Rate To Rate ECU Over Rate 4,000 $2.95 12,000 $3.79 16,000 $5.43 16,000 $8.14 (3) Effective in the January 2020 monthly billing, all metered accounts within service area pumped zones shall pay a monthly pumping charge per 1,000 gallons as follows: #of Pumps Rate Per 1,000 Gallons Pumped 1 $2.37 2 $4.74 3 $7.11 (1) Effective in the January 2020 monthly billing, all metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $3.10 2 2.00 $6.20 3 2.00 $6.20 4 1.25 $3.88 5 1.75 $5.43 6 2.00 $6.20 7 1.50 $4.65 (Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No.48-1986, 8 IrA1' Ord. No. 51-1987, § 1; Ord. No. 18-1988, a 1; Ord. No. 34-1988, § 1; Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6; Ord. No.45- 1999, & 16; Ord. No. 41-2004 §2 [part]; Ord. No. 7-2006, &2; Ord. No. 35-2011&2; Ord. No. 30-2012 X20; Ord. No 38-2014§1; Ord. No 45-2015$], Ord. No. 38-2016; Ord. No. 27-2017; https://records.cityofaspen.com/WebLink/O/doc/1412784/Pa eg 1 aspx Ord. No. 28-2018) Sec. 25.16.011. Bulk rates for metered water service. (a) Effective in the January 2020 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk Metro District will be: Monthly Block Tiers in Per Rate Per 1,000 1,000 Gallons Gallons First 2,940 gallons $4.58 Over 2,940 gallons $10.73 (b) Effective January 1, 2019, the demand charge per fill up for the filler hydrant bulk water sales pursuant to Subsection 25.08.020(e) shall be twenty dollars ($25.00)per use. (c) Effective January 1, 2019, the variable charge for filler hydrant raw water bulk water sales pursuant to Subsection 25.08.020(e) shall be $15.00 per 1,000 gallons. (Ord. No. 45-2015, Ord. No. 38-2016; https://records.cityofasDen.com/WebLink/O/doc/1412784/Pagel aspx Ord. No. 28-2018) Sec. 25.16.012. Raw water rates for general raw water accounts. (a) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each irrigation season are as follows: (b) Effective January 1,2020 the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2020 Rate Per 1,000 Sq. Ft. $28.14 (c) Carriage rates for raw water(refer to "Definitions" section), shall be the same as set forward in Paragraph (d)above except where a valid contract for conveyance of the customer's own water rights provides for a different rate. (d) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord. No. 41-2004, &5; Ord. No. 35-2011, §3;-Ord. No. 30-2012 X23; Ord. No. 45-2015, Ord. No. 38- 2016; Ord. No. 27-2017; Ord. No. 28-2018) Sec.25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts. (a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non- potable water line accounts (including reclaimed water) shall be set in accordance with methods established for cost recover recommendations by the American Water Works Association. (b) Where specific rates are established by a valid contract for raw water service and such rates result in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual rate will prevail. (c) All water use from the system requires the installation of an operable water meter. Such uses in place prior to 2009 shall install an operable water meter no later than January 20, 2009. (d) Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the beginning of each irrigation season, no later than April 15th. (i) Effective January 1, 2020 metered rates for pressurized raw water accounts for seasonal delivery of non-potable water is as follows: Metered Pressurized Raw Water — Billing to 2020 Rate Occur Monthly—May through October Per 1,000 Gallons. $3.26 (ii) If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation season, a seasonal bulk water delivery rate has been established as the basis for billing the non-potable pressurized water delivery. Effective January 1, 2020 the unmetered, pressurized raw water rate for seasonal delivery of non-potable water is as follows: Unmetered Pressurized Raw Water—Billing to 2020 Rate Occur Monthly—May through October Seasonal Rate Per 1,000 Sq. Ft. $114.90 Monthly Rate Per 1,000 Sq. Ft. — Based on 6- Month Irrigation Season $19.15 (e)Carriage rates for raw water, (see"Definitions" section), shall be the same as those in Paragraph(d) (i) except where a valid contract provides for alternate method and procedures for billing. (f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord. No. 41-2004, §5; Ord. No. 30-2012 §23; Ord. No. 38-2014§3) (e)Carriage rates for raw water,(see"Definitions"section), shall be the same as those in Paragraph(d) (i) except where a valid contract provides for alternate method and procedures for billing. (f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord. No. 41-2004, §5; Ord. No. 30-2012 §23; Ord. No. 38-2014§3; Ord. No. 45-2015; Ord. No. 27- 2017; Ord. No. 28-2018) Sec. 25.16.014. Monthly rates for temporary construction water service. All temporary construction water accounts shall pay monthly the sum of charges one (1) and two (2). (1) Effective in the January 2020 month billing, all temporary construction accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $6.08 2 2.00 $12.16 3 2.00 $12.16 4 1.25 $7.60 5 1.75 $10.64 6 2.00 $12.16 7 1.50 $9.12 (2) Effective in the January 2020 monthly billing, all temporary construction accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $3.10 2 2.00 $6.20 3 2.00 $6.20 4 1.25 $3.88 5 1.75 $5.43 6 2.00 $6.20 7 1.50 $4.65 (Ord. No. 35-2011�4; Ord. No. 30-2012 &24; Ord. No. 38-2014§4; Ord. 1\o. 45-2015; Ord. No. 27- 2017; Ord. No. 28-2018) Sec. 25.16.015. Monthly rates for grandfathered-in water service All grandfathered-in water accounts shall pay monthly the sum of charges one(1) and two (2). (1) Effective in the January 2020 monthly billing,all grandfathered-in accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $6.08 2 2.00 $12.16 3 2.00 $12.16 4 1.25 $7.60 5 1.75 $10.64 6 2.00 $12.16 7 1.50 $9.12 (2) Effective in the January 2020 monthly billing,all grandfathered-in accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $3.10 2 2.00 $6.20 3 2.00 $6.20 4 1.25 $3.88 5 1.75 $5.43 6 2.00 $6.20 7 1.50 $4.65 (Ord. No. 35-2011 §5; Ord. No. 30-2012 §26; Ord. No. 38-2014§5; Ord. No. 45-2015, Ord. No. 38- 2016; Ord. No. 27-2017; Ord. No. 28-2018) Sec. 25.16.016. Monthly rates for pre-tap water service. All pre-tap water accounts shall pay the sum of charges one (1) and two (2). (1) Effective in the January 2020 monthly billing, all pre-tap accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $6.08 2 2.00 $12.16 3 2.00 $12.16 4 1.25 $7.60 5 1.75 $10.64 6 2.00 $12.16 7 1.50 $9.12 (2) Effective in the January 2020 monthly billing, all pre-tap accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $3.10 2 2.00 $6.20 3 2.00 $6.20 4 1.25 $3.88 5 1.75 $5.43 6 2.00 $6.20 7 1.50 $4.65 (Ord. No. 35-2011&6; Ord. No. 30-2012 X26; Ord. No. 38-2014&6; Ord. No. 45-2015, Ord. No. 38- 2016; Ord. no. 27-2017; Ord. No. 28-2018) Sec. 25.16.020. Monthly rates for unmetered water service. All unmetered water accounts shall pay the sum of charges one(1) and two (2). (1) Effective in the January 2020 monthly billing, all unmetered water service accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $108.40 2 2.00 $216.80 3 2.00 $216.80 4 1.25 $135.50 5 1.75 $189.70 6 2.00 $216.80 7 1.50 $162.60 (2) Effective in the January 2020 monthly billing, all unmetered water service accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $3.10 2 2.00 $6.20 3 2.00 $6.20 4 1.25 $3.88 5 1.75 $5.43 6 2.00 $6.20 7 1.50 $4.65 (Ord. No. 35-2011�6; Ord. No. 30-2012 X27; Ord. No. 38-2014$7; Ord. No. 45-2015, Ord. No. 38- 2016; Ord. No. 27-2017; Ord. No. 28-2018) Sec.25.16.021 Senior Water Rates. (a)Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set forth in Sections 25.16.010 and 25.16.020. (b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with the Pitkin County Senior Services Council. (c)The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their eligibility for this program and application procedure is conducive to their participation. (d) A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges one(1) through four(4) that follow: (1) Effective in the January 2020 monthly billing, all senior metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Rate Regular Metered Demand 1 1.00 90% $5.47 2 2.00 90% $10.94 3 2.00 90% $10.94 4 1.25 90% $6.84 5 1.75 90% $9.57 6 2.00 90% $10.94 7 1.50 90% $8.21 (3) Effective in the January 2020 monthly billing, all senior metered accounts shall pay a monthly variable charge per ECU as follows: Additional Additional Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000 Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons Up To Rate To Rate To Rate ECU Over Rate 4,000 $2.95 12,000 $3.79 16,000 $5.43 16,000 $8.14 (4) Effective in the January 2020 monthly billing, all senior metered accounts within service area pumped zones shall pay a monthly pumping charge per 1,000 gallons as follows: #of Pumps Rate Per 1,000 Gallons Pumped 1 $2.37 2 $4.74 3 $7.11 (5) Effective in the January 2020 monthly billing, all senior metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Regular Metered Rate Demand 1 1.00 90% $2.79 2 2.00 90% $5.58 3 2.00 90% $5.58 4 1.25 90% $3.49 5 1.75 90% $4.88 6 2.00 90% $5.58 7 1.50 90% $4.19 (c) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of charges one(1) through four(2) that follow: (1) Effective in the January 2020 monthly billing, all senior unmetered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Rate Regular Unmetered Demand 1 1.00 30% $32.52 2 2.00 30% $65.04 3 2.00 30% $65.04 4 1.25 30% $40.65 5 1.75 30% $56.91 6 2.00 30% $65.04 7 1.50 30% $48.78 (2) Effective in the January 2020 monthly billing, all senior unmetered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Regular Rate Unmetered Demand 1 1.00 30% $0.93 2 2.00 30% $1.86 3 2.00 30% $1.86 4 1.25 30% $1.16 5 1.75 30% $1.63 6 2.00 30% $1.86 7 1.50 30% $1.40 (Code 1971, § 23- 102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1(A) (B); Ord. No. 51-1987, §2; Ord.No. 1- 1988, §Ord. No. 8-1990, § 2;Ord. 39-1993, §7; Ord.No. 35-2011§8;Ord.No. 30-2012§28; Ord. No. 38-2014§8; Ord. No.45- 2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018). Editor's note—Ord.No. 1-1988, § 1, adopted Jan. 25, 1988 amended former § 23-102 by amending previously uncodified Subsection (d) and at the discretion of the editor these provisions have been included herein and revised slightly in order to delete references to "out-of-the-City service charge" and "location of resident," inasmuch as former § 23-101 does not discern between in-City and out-of- City residence location. Sec.25.16.090. Deposit for water service. (a) When applying for water service at a new location, each applicant shall be required to place a cash deposit in the following manner: Residential service: One hundred fifty dollars ($150.00). Commercial service: (i) An amount equal to the service bills for the subject property for the three (3) highest months of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2) If there is no similar prior space or use on which to compute the amount provided in Subsection (a) Paragraph (1) above, then an amount to be determined by the Finance Director within his or her sole discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b) Subject to the approval of the Utilities Director based on previous credit history with the City utilities, the owner of the premises on which the water is used may approve waiver of their tenant's deposit requirement. To request approval of the Utilities Director, the owner must complete an application which informs the owner of the possibility of a lien upon the premises for unpaid bills,pursuant to Section 25.04.090 above. W These deposits will be held by the Director of Finance until service is discontinued and final service bills are paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty- five(45) days from date the final billing is issued. Effective January 1, 2013 no deposit will accrue interest. (Ord. No. 30-2012 §36; Ord. No. 38-2014§10) Chapter 25.18 STORMWATER SYSTEMS -- DELETE ENTIRE SECTION Reder ed develops of the existing impervious area. (Ord. No. 22. 2007. §1) See. 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 systetn. The system development fee shall be two dollars and eighty- eight cents (52.88) 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 1) Chapter 25.20 MISCELLANEOUS PROVISIONS See. 25.20.020. Wasting of water prohibited. al It shall be unlawful for any person using water from the City water system or any system connected thereto, to waste water. For purposes of this Section, to waste water shall mean any of the following: (a) The unnecessary running of water, which is not applied to any beneficial use, through or out of any water closet, lavatory, urinal,bathtub, hose, hydrant, faucet or other fixture, appliance or apparatus whatsoever, through the neglect or by reason of faulty or imperfect plumbing or fixture; or (b) Applying more water than is reasonably necessary to establish and maintain a healthy landscape, including but not limited to, the continuous application of water to lawns, sod, landscaping, or amenity resulting in oversaturation, ponding, pooling, or the flowing of water into drainage or storm drainage facilities; or (c) Watering with spray irrigation between the hours of 8.00 a.m. and 6.00 p.m. during the period from May 1 to October 1, except for the following uses: (1) Watering for up to 21 consecutive days to establish irrigated turf from seed or sod; (2) Watering new plant material on the day of planting(e.g., flowers, trees, and shrubs); (3) Watering that is essential to preserve irrigated or artificial turf subject to heavy public use; (4) Operating an irrigation system for installation, repair, audit, or reasonable maintenance, if the system is attended throughout the period of operation; (5) Watering where tree preservation is required under the local tree ordinance; or (d) Watering landscaped areas during precipitation or high wind; or (e) Applying water intended for irrigation to an impervious surface, (e.g., a street, parking lot, alley, sidewalk or driveway); or (f) Failure to repair an irrigation system unit which is known to be leaking; or (g) Using water instead of a broom or mop to clean outdoor impervious surfaces (e.g., sidewalks, driveways, and patios), except when cleaning with water is necessary for public health or safety reasons or when other cleaning methods are impractical and in which case the hose must be equipped with an automatic shut-off nozzle; or (h) Washing vehicles with a hose that lacks an automatic shut-off nozzle; or (i) Violation of restrictions imposed in connection with a declared water shortage per Chapter 25.28. The prohibitions against wasting water are applicable regardless of whether a water shortage has been declared or a system emergency exits. Additional restrictions during times of a declared water shortage may apply pursuant to Chapter 25.28. Sec. 25.20.022. Exceptions The following activities do not constitute the wasting of water for purposes of section 25.20.020: (a) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities; or (b) Flow resulting from routine inspection, operation, or maintenance of a utility water system; or (c) Water applied as a dust control measure; or (d) Water used for construction or maintenance activities where the application of water is the appropriate methodology and where no other practical alternative exists; or (e) Street sweeping; or (f) Other watering activities reasonably necessary to protect public health or safety. Sec. 25.20.025. Enforcement and Appeal Process. The owner or occupant of the licensed premises shall be responsible for compliance with Chapter 25.20.020 and those who violate these regulations or restrictions shall be subject to the following actions and penalties. During water shortages as described under Chapter 25.28, water waste may be deemed a water shortage violation and penalized as provided in that Chapter. (a) Upon first violation, the owner or occupant will be issued a written warning. (b) Upon further violations within a 12-month period from the date of the warning notice at the same premises, the owner or occupant will be advised in writing and the following penalty charge will be added to the water bill for the property. Category 211 Violation 311 Violation All Additional Violations Residential $125.00 $250.00 $500.00 Non-Residential $250.00 $1,000.00 $2,000.00 (c) After the fourth violation within a 12-month period from the date of the warning notice at the same premises, if continued waste of water or willful violation of these regulations or restrictions occurs, the Water Department may disconnect the service where the violation has occurred. (d) Appeal Process. Any person subject to a charge for violation of a provision of Chapter 25.20.020 may appeal the charge by contacting the Aspen Water Department in writing within 20 days of receipt of monthly utility bill containing the violation charge. Unless the customer's appeal is approved prior to the water bill due date, the customer shall pay any charges that appear on the water bill by the due date of the water bill. If the customer's appeal is approved after payment has been made, the disputed charge will be credited on the next water bill. (Code 1971, §23-151; Ord. No. 27-1985, §1; Ord. No. 37-1991, §5) Chapter 25.28 WATER SHORTAGES Sec. 25.28.040. Monthly rates for water shortages. Unless an alternative system of charges is adopted by City Council, the following temporary rates will be in effect during the time that City Council declares a water shortage. (1) Four-Tier Rate Structure: (a) A variable charge for the first and second tier of water consumption shall remain the same unless otherwise directed by the City of Aspen City Manager with a minimum of a 48-hour notification of the rate change via Public Notice on local radio and within daily local newspaper publications. (b) A variable charge not to exceed a maximum of 175% of the existing per thousand gallons rate for tier three shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and within daily local newspaper publications. (c) A variable charge not to exceed a maximum of 200% of existing per thousand gallons rate for tier four shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and within daily local newspaper publications. (Ord. No. 18-2002 § 3 [part]) (2) Two-Tier Rate Structure: (d) In a two-tier rate structure, as applicable to wholesale water sales, second tier shall be subject to a 185% surcharge for a Stage One, Two and/or Three water shortage declaration. (e) A raw water rate surcharge for both pressurized and non-pressurized water accounts shall be subject to a 185% surcharge for a Stage One, Two and/or Three water shortage declaration. (Ord. No. 18-2002 § 3 [part]; Ord. No. 15-2012; Ord. No. 30-2015) CHAPTER 25.30 WATER EFFICIENT LANDSCAPING STANDARDS Sec. 25.30.080. Deposit Requirements for Temporary Certificates of Occupancy. In accordance with the Water Efficient Landscaping Standards, Section 5.8.3,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; (c) If a certificate of occupancy is issued in winter months when landscaping and irrigation systems cannot be inspected for compliance, Aspen Water Department will require a deposit equal to the identified cost to complete the landscaping and irrigation plan. Once compliance has been confirmed, the deposit will be returned in full. Therefore, if a property owner, or their representative,requests a Temporary Certificate of Occupancy prior to complete installation of the landscape and irrigation, followed by a 3rd party audit, and final City of Aspen Approval Letter, the property owner will submit an estimate to complete the remaining irrigation and landscaping work and pay a deposit as set out below prior to issuance of the Temporary Certificate of Occupancy. Deposit Schedule for Landscaping and Irrigation Project cost estimate Deposit $0-50,000 50% $50,000-100,000 25% Over$100,000 15% 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 repealed;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 12th day of November, 2019. Attes . Linda Manning, City C rk Torre, Mayor FINALLY, adopted, passed and approved this 26th day of November, 2019. A tes Linda Manning, City Cl rk Torre, Mayor Approved as to form: J es R. True, City Attorney