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01-17-17 Town Council Packet.pdfSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JANUARY 17, 2017 1. 4:00 P.M. CALL TO ORDER AND ROLL CALL 2. PROCLAMATIONS AND PRESENTATIONS: None scheduled 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. DRAFT AGENDAS AND WORK SESSION TOPICS: …………………………………………………………………….Page 4 B. RESOLUTION NO, 06, SERIES OF 2017 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION --David Peckler, Transit Director………………………………Page 7 5. PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 01-17-17tc Agenda Page 2 of 3 1) Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2) Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 3) Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4) Applicant Rebuttal. The Mayor will ask for the applicant’s rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5) The hearing is then closed to public comments. 6) Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7) Make a motion. A member of the Town Council will make a motion on the issue. 8) Discussion on the motion. The Town Council may discuss the motion. 9) Vote. The Town Council will then vote on the motion. A. PUBLIC HEARING – RESOLUTION NO. 35, SERIES OF 2016 – A RESOLUTION SETTING FORTH THE TOWN COUNCIL’S FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF LOT 2, SECOND AMENDED PLAT OF THE GENTRY LOT SPLIT SUBDIVISION INTO THE TOWN OF SNOWMASS VILLAGE BY LOIS B. POPE REVOCABLE TRUST DATED MARCH 29, 2007. (Continued from December 5, 2016 Town Council Meeting) --John Dresser, Town Attorney…………………………….…Page 57 6. POLICY/LEGISLATIVE PUBLIC HEARINGS: A. FIRST READING OF ORDINANCE NO. 03, SERIES OF 2017 – AN ORDINANCE RECOMMENDING AMENDMENTS TO CHAPTER 16A, LAND USE AND DEVELOPMENT CODE, SECTION 16A-5-250 “ADMINISTRATIVE MODIFICATIONS” OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO CORRECT INCONGRUITIES IN CODIFICATION RESULTING FROM THE ADOPTION OF ORDINANCE NO. 04 SERIES OF 2013 AND ORDINANCE NO. 06, SERIES OF 2015. --Julie Ann Woods, Community Development Director --Chase Anderson, Planner…………………………………… Page 83 B. FIRST READING OF ORDINANCE NO. 01, SERIES OF 2017 – AN ORDINANCE ESTABLISHING THE PARKS OPEN SPACE TRAILS AND RECREATION ADVISORY BOARD AND SPECIFYING ITS DUTIES --Andy Worline, Parks, Trails and Recreation Director……..Page 109 01-17-17tc Agenda Page 3 of 3 7. ADMINISTRATIVE REPORTS: A. Update on the Roundabout/Feedback on CCP Features --Anne Martens, Public Works Director --Brian Olsson, Chief of Police --David Peckler, Transit Director……………………………….Page 115 B. EOTC Update --David Peckler, Transit Director………………………………..Page 117 C. Town Council Appointments to outside Boards –Clint Kinney, Town Manager…………………………………...Page 119 8. TOWN COUNCIL REPORTS AND ACTIONS A. Reports/Updates 9. ADJOURNMENT DRAFT 2017 Agenda ltems . Regular Meetings begin at 4:00 p.m. unless otherwise noted. Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m.. The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meetin8. . ln addition to agenda items, this document also lists expected absences ofTown Council members. ln compliance with section 2-49 ofthe municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. tng r Time 2-6 PM Town Council Chambers Mon. Feb 6th - Regular Meetins Goode out . Snowmass Water and Sanitation Presentation on Wastewater Facility Project ? . Resolution requesting subdivision exemption to combine lots 6 and 7 wood run unit L Mon, Feb 13th - Work Session ITSP (RFTA System Plan) Update?? Tues. Jan 24th- Town Council Goal Sett Tues. Feb 2lth - Regular Meeting . Update from comp plan consultantso CGRB Recommendations for Grant Monies Page 4 of 120 2017 Meetinss Tues. Jan 17th - ReRular Meetinq . Update/review on the Roundabout following Holiday Season; initial feedback on CCP features . an Ordinance Recommending Amendments to Chapter 164, Land Use and Development Code, Section 16A-5- 250 "Administrative Modifications" of the Snowmass Village Municipal Code to Correct lnconBruities in Codification resulting from the adoption of Ordinance No. 4, Series of 2013 and Ordinance No. 6, Series of 2015.. FTA Certifications and Assurances . lntroduction of ordinance creating a citizen board for POSTR . Select Town Council llalsons to boards and commissions . EOTC Update Mon. Mar 6th - Regular Meetinq Mon. Mar 13th - Work Session Mon. Mar 20th - Reqular Meeting Mon. Aor 3'd - Regular Meeting Mon. Apr 10rh - Work Session -Cancelled in observance of Passover Mon. Apr 17th - Regular Meeting 01-17-17 TC Packet DRAFT 2OL7 Agenda ltems Mon. May 1't - Regular Meeting Mon. May 8th - Work Session Mon. May t 5th - Regular Meeting Mon. June 5th - Regular Meetinq Mon. June 12rh - Work Session Mon..,une 19ih - Regular Meeting Mon. July 3'd - ReRular Meeting Mon. July 10th - Work Session Mon. Julv 17th - ReRular Meeting Mon, Aug 7th -ular Meetins Mon. Aug 14th - Work session Mon. Aus 21't - Resular Meetins Tue. Sept 4th - Regutar Meeting Mon. sept 1lth- Work 5ession Mon. Sept 18th - Resular Meeting Mon. oct 2nd - R eeular Meeti NP Mon. oct 9th - work Session Mon. Oct 16th -sular Meetins Mon. Nov 6th -sular Meetins Mon. Nov 13th - Work Session Mon. Nov 20th - Regular Meeting Mon. Dec 4th -esular Meetins Mon. Dec 11th - soecial Meetins Mon. Dec 17th -esular Meetins 01-17-17 TC Packet Page 5 of 120 DRAFT 2017 Agenda ltems Topics for Work Sessions or Other Meetinqs Requested Bv Town Council Members Update on Daly Town Home request for a meeting regarding retaining wall How did they do that; a presentation of the Energy Navigator from the EAB/PW Discussion of the potential for implementing a vacancy tax Discuss putting a Council member on the Sister Cities Board Meet with EAB and prioritize Sustainability goals Update on POW Campaign (Protect Our Winters) IGA with water and sanitation district for land use revlew (Plant Expansion) Receive an Update from the Northwest Council of Governments - Liz Mullen-970-468-0295 ext 123 Update on Grand Avenue Bridge replacement project in Glenwood Review, Update, check in with Town Council Goals; Demonstration ofthe new web assets: transitand recreation RFTA Rail Road Corridor. Update on access control plan, design guidelines and comprehensive plan for managing corridor --- Overview of the Re-Op fund it uses and success Review of Town Charter for possible change to Recall procedures and possible other updates Housing strategy - discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services-aging in place. Capital Peak/ Hayden Lodge Request for a group discussion (2/1/16 meeting) Aging in Place Discussion with Pilkin Counly Senior Services HOW DID THEY DO THAT? Presentations byvarious departments on a variety of operational issue Update on Solar and Renewable Energy for the Town of Snowmass Village Discussion with Daly Townhome Owners regarding retaining wall. 01-17-17 TC Packet Page 6 of 120 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING January 17,2017 AGENDA ITEM Resolution #6 Series ol2A17 Approving 2017 Federal Transit Administration Grant Master Agreement's Certifications and Assurances PRESENTED BY David Peckler, Transportation Director BACKGROUND: Stafl requests Council's approval of the Certifications and Assurances ('C&A") that are Appendix A in the Federal Transit Administration's Master Agreement. lt is a requirement to comply with the C&A to accept 5339 (Capital) and 531'l (Administration, Operating and Capital) grants from the FederalTransit Administration (FTA). Resolution #6, Series of 2017 accepts the terms of the C&A for 2017 granl funding for our projects, and authorizes the Transportation Director to certify the affirmation of the annual C&A for lhese projects. The Town has been approving the Master Agreement's C&A over the last twelve years. The C&A apply to the Federal funds used for the specified grant's purpose, which covers administration and operating activities at present. The C&A cover a number of issues, most notably: 1. Authority to Enter lnto an Agreement with the FTA; and 2. Lobbying Compliance; and 3. Procurement Compliance; and4. Safety and Assel Management Plans; and5. Protections for Private Transportation Providers; and 6. Public Hearing;and 7. Acquisition of Rolling Slock Guidelines; and 8. Charter Service and SchoolTransportation Agreement; andL Americans With Disabilities Act; and 10. Alcohol Misuse and Prohibited Drug Use; 1 1. Asset Management; and 12. Safety and Securi$; and 13. Title Vl Civil Bights Act; and 14. Labor Standards. 01-17-17 TC Packet Page 7 of 120 FINANCIAL IMPACT: The Town has been awarded $238,450 in a Section 5311 grant for public transportation assistance to support administration and operating expendilures in the provision ot route 3 (owl Creek Rd/Snowmass Club Circle) and route 8 (Brush Creek Rd, Town Park and Horse Ranch Drive). The Town is also completing a capilal purchase of transit vehicles of which 9600,000 is coming from the Colorado Deparlment ol Transportation. APPLICABITITY TO COUNCIT GOAS & OBJECTIVES: NA COUNCIL OPTIONS: 1 . Approve lhe Resolution 2. Deny the Resolution STAFF RECOMMENDATION: Approve Resolulion #6, Series ol 2017 lo comply with the requirements of the grant(s). ATTACHMENTS: Resolulion #6, Series of 2017 FTA Fiscal Year 2017 Certifications & Assurances. 1 2 01-17-17 TC Packet Page 8 of 120 To review lhe complete 2017 Cerlilications and Assurances, go to httos:l/www.transit.dot.oov/sites/fta.dot.qov/f iles/docs/FTA%20FY%202017%20Certif ications%2 0andTo20Assura nces. Ddl RESOLUTION NO.6 SEFIES OF 2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLOBADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPAHTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S,C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Town ot Snowmass Village ('TOSV") has the power to enter into agreements with the Colorado Department of Transportation ("CDOT') and the Federal Transit Administration ("FTA"); and, WHEBEAS, CDOT and the FTA have been delegated authority to award Federal financial assistance for transportation projects; and, WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the TOSV, and may require lhe TOSV to provide the local share of the projects costs; and, WHEREAS, the TOSV is desirous ol obtaining said funds for the purchase ol transit vehicles and/or the adminislration and operation of transportalion projects, and has filed applications (Sections 5339 and 5311) with the FTA and/or CDOT tor the purchase ol lransil vehicles and/or the lunding for adminislration and operation of transporlalion proiects, and, WHEREAS, the TOSV desires lo accept the funds for such projects pursuant to the conditions of lhe 2017 Master Agreement's Certifications and Assurances in Appendix A of that agreement, and, WHEREAS, lhe TOSV desires to work together with the FTA and CDOT to eflecl said projecls as provided in the agreemenl, and, WHEREAS, the TOSV finds that the adoption of lhis Resolution is necessary for the immediate preservalion of the public heatlh, safety and welfare. 01-17-17 TC Packet Page 9 of 120 1 2 3 4 5 6 7 I 9 10 11 l2 13 L4 15 16 L7 18 19 20 2L 23 24 25 26 27 28 29 30 31 32 33 34 35 35 38 39 40 4L 42 43 44 45 45 SNOWMASS VILLAGE TOWN COUNCIL WHEREAS, the TOSV has or will comply wilh all annual Certifications and Assurances in the FTA required for the project(s), and, 4'7 4A 49 50 5l- tr, 53 54 55 56 57 58 59 60 51 62 53 64 65 55 67 58 69 70 7L l3 74 75 76 77 79 80 81 82 83 84 85 86 o1 88 89 17-06 RESO. P age 2 ol 2 NOW THEREFORE BE lT BESOLVED by the Town Council of the Town of Snowmass Village, Colorado, 1. That the Transportation Director is authorized to execute and file an application for, and administer, grants for Federal assistance on behalf of the TOSV with the Federal Transit Administration and the Colorado Department of Transportation for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United Slates Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. That the TOSV agrees to the conditions ol the Master Agreement's Certifications and Assurances as they pertain to lhese proiects that lhe FTA requires for the assistance agreements, and authorizes lhe Transportation Director to certify the Certifications and Assurances to the FTA through their web site. CEHTIFICATION TOWN OF SNOWMASS VILLAGE Markey Butler, Mayor APPROVED AS TO FORM John Dresser, Town Attomey ATTEST: Rhonda B. Coxon, Town Clerk 2 01-17-17 TC Packet Page 10 of 120 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 17th of January, 2017 upon a molion made by CouncilMember , the second of Council Member -, and upon a vote of _in lavor and _ opposed. FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES PREFACE Before the Fecleral Transit Administration (FTA or We) may at'ardlederal assistancefor public lransportalion in lhe form ofufederal granl, cooperalive ogreement, loan, line of credil, loan guaranlee, ,n.lsler credil ogreement, or Stote Infrastruclure Bank (SIB) cooperalive ogreemenl cerlain pre-anard Certifications and Assurances ore required, excepl os FTA delermines otheru'ise in u'riting. The Applicant must authorize a represcnlative (Aulhorized Represenlative) to selecl ond sign its Certifcotions and Assurances and bind the Applicant's compliance. You, as your Applicant's Authorized Representative, musl selecl and sign all Cerlifications and Asmrances that your Applicant musl provide lo support each application il submits to FTA Jor fecleral assislance duringfederal fiscal yeor (FY) 2017. We reques! thol you read each Certiftcation and Assuronce and selecl lhose thot u'ill oppl1, to any applicalionfor which I'our Applicont mighl seek FTA assislance during Fl' 2017. As provided byfederal lmts, regulations, and requirements, FTA mal,mtard federal assislance only if the Applicant's Aulhorized Representalive selecls adequate C ert ifi cal ions and Assurance s. FTA, the Applicont, and the Applicant's Authorized Represenlative, understand ond agree thal not every provision of these htenyLthree (23) Calegories of Certificotions and Assuronces will appll' to every Applicant or evcry Av,ard or Project inclutletl in an Award, even ifyou make a single seleclion encompassing all nenty-three (23) Calegories. Nor u,ill every provision of each (.'e irtcofion or Assurance within a single Category apply rfthat provision cloes not appl1, to 'our Applicant or the Avard it seeks. The type of Applicant and its application will determine vhich Certifications ond Assurances apply,. |'our Applicanl is ultimately responsible for compliance $'ith the Certifcotions and Assuranc'es selectecl that apply to its Aword, itself, any Subrecipient, or any other Third Party Parlicipant in its Award, except as FTA determines othemrise in vriting. For this reason, v,e strongly encourage your Applicant to take appropriate meosures, including, 01-17-17 TC Packet Page 11 of 120 ll'e have consolidoted our Certificalion,s and Assurances into twentJlhree (23) Calegories. Al o minimum, you must select the Assuronces in Calegory' 0l . lf your ,4pplicont requesls more than 5100,000 infeeleral assistance, )'ou musl selecl the "Lobbying" Certificalion in Category 02, except iJ your Applicant is an lndian tribe, lndian organization, or on Indian tribol organization. Depending on the nature of your Applicanl and lhe Au'ord it seeks, 1,ou may also need to select one or more Certificdtions and Assurances in Categories 03 through 23. Instead of selecting individual Categories ofCertifications and Assurances, hot'ever, you moymake a single selection that u,ill encompass all twentythree (23) Categories of Certifications and Assrrances that applt' lo our vorious programs. I FTA FISCAI- YE,AR 20I7 CERTIFICATIONS AND ASSURANCES but not limited to, obtaining sufficienl doutmcnlation from each Subrecipient and dry) olher Third Purtl' Porliciponl as necessan, to assure your Applicanl's compliance v,ilh the applicable Certifications and Assurances selected on its behal[. Excepl os FTA determines othent'ise in vriling, if pur Applicanl is a leam, consortium, joint venture, or partner.ship, it understands ond agrees lhal you musl identify the actitities thol eoch member vill perform ond the exlent lo v'hich each member +vill be responsible.for compliance tilh the selected Certifications and Assurunces. You also mrct identifi eoch member's role in lhe Av,urd, whether as u Recipienl, Subrecipienl, Third Por0, ('ontroctor, or other Third Part1, Porticipont. It is important thot you and your Applicanl also undersland that these Certifications and Assurances are pre<u'ard requiremenls, generally imposed b1' federal law or regulalbn, and do not inclutle allfederal requirements that may apply to it or its Awarcl. We expect )Du to submit yottr Applicant's FY 2017 Certifcotions and Assurances and its applicotions.[or fetleral assislance in FTA's electronic o*'ard ond management system, currently lhe Transil Au'ard Managemenl Syslem (TrAM\. fou musl be regislered in TrAMS to submit your Applicant's FY 2017 Certifications and Assurances. TrAMS utntains fields for selecling among the n'enty-three (23) Categories ofCe ificalions ond Assuronces and a tlesignated feld for .selecting all ruenrylhree (23) Categories of Cerlificalions and Assurances. lf FTA agrees thal )'ou are unable to submil your Applicont's FY 2017 Certifcations and Assurances electronicully, you musl submit lhe Signature Pages al the end of this documenl, as FTA direcls, morked to shov the Categories of CerliJicalions and Assurances thal you ore suhmillinS. Be an'ore that these Certifications and Assurances have been prepared in light ofc The Fi ng America's Strface Translnrlation (FAST) Act, Public Lah'No. 111-91, December 1, 2015, and other aulhorizing legislalion to be enacted, and. Appropriations Acls or Conlinuing Resolutions funding lhe U.S. Deparhenl of Transporlalion during Fiscol Year 2017. 1 Page 12 of 12001-17-17 TC Packet FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES CATEGORY OI. REQUIRED CERTIFICATIONS AND ASSURANCES FOR EACH APPLICANT. Before FTA ma1, provide federal ussislance for your Applicant's An'ard, )ou must seled lhe Certifcations and Assurances in t'otegory 0l in addilion to ary other applicable CertiJicalions and Assurances, excepl as FTA delermines olhenrise in wriling. Any provision of the Certfrcalions and Assurances in Category, 0l lhal does not opply *ill nol be e nforceel. 01.A. Certifications and Assurances of Authorit] ofthe Applicant and lts Authorized Representative. You certify and affirm that in signing these Certifications, Assurances, and Agreements, both you. as I'our Applicant's Authorized Representative, and your Applicant's attomey who is authorized to represent your Applicant in legal matters, may undertake the following activities on your Applicant's behalf, in compliance with applicable state, local, or Indian tribal laws, regulations, and requirements and your Applicant's by-laws or intemal rules: l. Execute and file its application for federal assistance, 2. Execute and file its Certifications, Assurances, Charter Service Agreement, and School Bus Agreement, as applicable, binding its compliance, 3. Execute its Grant Agreement, Cooperative Agreemcnt, Loan, Loan Guarantee, Line ol Credit, Master Credit Agreement, or State lnlrastructure Bank (SIB) Cooperative Agreement for u'hich the Applicant is seeking federal assistance from FTA. 4. Comply with applicable federal laws, regulations, and requirements, and 5. Follow applicable federal guidance. 01.8. Standard Assurances. On behalfofyour Applicant, you assure that it understands and agrees to the following: L lt rvill compl)'with all applicable federal laws, regulations, and requirements in implementing its Award. 2. It is under a continuing obligation to comply with the terms and conditions of its Grant Agreement or Cooperative Agreement with FTA for each Award, including the FTA Master Agreement and other documents incorporated by reference and made part of its Grant Agreement or Cooperative Agreement, or latest amendment thereto. 3. It recognizes that federal laws, regulations, and requirements may be amended from time to time and those amendments may affect the implementation of irs Award. 4. It understands that Presidential executive orders and federal guidance. including federal policies and program guidance, may be issued conceming matters affecting it or its Award. 5. lt agrees that the most recent federal laws, regulations, requirements, and guidance will apply to its Award. except as FTA determines otheru'ise in *'riting. 6. Except as FTA determines olherwise in writing. it agrees that requirements for FTA programs may vary depending on the fiscal year for rvhich the federal assistance for those programs was appropriated or made available. Page 13 of 120 3 01-17-17 TC Packet FTA FISCAL Yf,AR 2OI7 CERTIFICATION.S AND ASSURANCES 01.C, Intergovernmental Review Assurance. (This ussurance in this Category,0l.C does nol apply to an lndian tribe, un lndian organizotion, or an lndian lribal organizalion lhat applie.s for federal assi.stonce made twailable under 19 U.S.C. f 5 31 l (c)(1), v,hich outhorizes FTA's Tribal Transit Prograns.) As required by U.S. Department of Transportation (U.S. DOT) regulations, "lntergovernmental Revien' of Department of Transportation Programs and Activities," 49 CF'R part 17, on behalfof your Applicant, you assure that it has submitted or will submit each application for federal assistance to the appropriate state and local agencies for intergovernmental review. 01.D. Nondisc rim ination Assurance. On behalfofyour Applicant, you assure that: l. It will comply with the following laws, regulations, and requirements so that no person in the United States will be denied the benefits of, or otherwise be subjected to discrimination in, any U.S. DOT or FTA assisted program or activity (particularly in the level and quality of transportation services and transportation-related benefits) on the basis of race, color, national origin, religion. sex, disability, or age including: a. Federal transit larvs, specifically 49 U.S.C. $ 5332 (prohibiting discrimination on the basis ofrace, color, religion, national origin, sex (including gender identity), disability, age. employment, or business opportunity). b. Title Vl of the Civil Rights Act of 1964, as amended.42 U.S.C. $ 2000d, c. Title VII of the Civil Rights Act of 1964, as amended,42 U.S.C. $ 2000e er seq. (prohibiting discrimination on the basis of race, color, religion, sex, (including gender identity and sexual orientation) or national origin), d. Executive Order No. I I 246, "Equal Employment Opporrunity" September 24, 1965, 42 U.S.C. $ 2000e note, as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs, e. Title IX ofthe Education Amendments of 1972, as amended,20 U.S.C. $ l68l etseg., f. U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25, g. The Rehabilitation Act of I973, as amended.29 U.S.C. $794,et seq., h. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. $ l2 l0l e/ seq.,i. U.S. DOT regulations. "Nondiscrim ination in Federally-Assisted Programs of the Department of Transponation-Effectuarion of Title Vl ofthe Civil Rights Act of 1964," 49 CFR part 21,j. U.S. DOT regulations, specifically 49 CFR parts27,37,38, and 39, and k. Any other applicable federal statutes that may be signed into law, federal regulations that may be issued, or federal requirements that may be imposed. 2. It rvillcomply rvith federal guidance implementing federal nondiscrimination laws, regulations, or requirements, except as FTA determines otherw'ise in writing. 3. As required by 49 CFR $ 2 I .7: .+ 01-17-17 TC Packet Page 14 of 120 a. lt will comply rvith 49 U.S.C. $ 5332, 42 U.S.C. g 2000d. and 49 CFR part 2l in the manner that: ( I ) It implements its Award, (2) It undertakes property acquisitions. and(l) It operates all parts of its facilities, as well as its facilities operated in connection with its Award. b. This assurance applies to its Award and to allparts of its facilities, as well as its facilities used to implement its Award. c. It will promptly take the necessary actions to carry out this assurance, including the following: ( l) Notifying the public that discrimination complaints about transportation-related services or benefits may be filed u'ith U.S. DOT or FTA Headquarters OfTice of Civil Rights, and (2) Submitting information about its compliance with these provisions to U.S. DOT or FTA upon their request. d. lf it transfers U.S. DOT or FTA assisted real property, structures. or improvements lo another party, any deeds and instruments recording that transfer rvill contain a covenant running with the land assuring nondiscrimination: ( I ) While the property is used for the purpose that the federal assistance is extended, or (2) While the property is used for another purpose involving the provision of similar services or benefits. e. The United States has a right to seekjudicial enforcement ofany matter arising under: ( l) Title VI of the Civil Rights Act. 42 U.S.C. $ 2000d, (2) U.S. DOT regulations, 49 CFR part 2l , or (3) This assurance.f. It will make any changes in its Title VI implementing procedures, as U.S. DOT or FTA may request, to comply with:(l) Title VI of the Civil Rights Act.42 U.S.C. $ 2000d, (2) U.S. DOT regulations,49 CFR part 21, and (3) Federal transit law,49 U.S.C. $ 5332. g. It will comply with applicable federal guidance issued to implement federal nondiscrimination requirements, except as FTA determines otherwise in writing. h. It willextend the requirements of 49 U.S.C. $ 5332.42 U.S.C. $ 2000d, and 49 CFR part 2l to each Third Party Panicipant, including any:(l) Subrecipient, (2) Transferee, (3) Third Pa(y Contractor or Subcontractor at any tier, (4) Successor in Interest, (5) Lessee, or (6) Other Participant in its Award, except FTA and the Applicant (and larer, the Recipient).i. It will include adequate provisions to extend the requirements of49 U.S.C. g 5332, 42 U.S.C. g 2000d, and 49 CFR part 2l to each third party agreemenl, including each: ( | ) Subagreement at any tier. (2) Property transfer agreement, 5 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES Page 15 of 120 FTA FISCAL YEAR 20I7 Cf,RTIFICATIONS AND ASSURANCES (3) Third party contract or subcontract at any tier, (4) Lease, or (5) Participation agreement.j. The assurances you have made on your Applicant's behalfremain in effect as long as FTA determines appropriate, including. for example, as long as:(l) Federal assistance is provided for i1s Award, (2) Its property acquired or improved rvith federal assistance is used for a purpose for rvhich the federal assistance is extended, or for a purpose involving similar services or benefits, (3) It retains ownership or possession of its property acquired or improved with federal assistance provided for its Award, or (4) FTA may otherwise determine in writing. 4. As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR part 27, specifically 49 CFR $ 27.9, and consistent with 49 U.S.C. $ 5332, you assure that: a. lt rvill comply with the following prohibitions against discrimination on the basis of disability listed below in subsection 4.b ofthis Category 0l.D Assurance, of which compliance is a condition ofapproval or extension ofany FTA assistance awarded to:(l) Construct any facility. (2) Obtain any rolling stock or other equipment, (3) Undertake studies, (4) Conduct research, or (5) Participate in any benefit or obtain any benefit from any FTA administered program. b. In any program or activity receiving or benefiting from federal assistance that U.S. DOT administers, no qualified individual with a disability will, because of his or her disability, be:(l) Excluded from participation, (2) Denied benefits, or (3) Otherwise subjected to discrimination. 01.f,. Suspension and Debarment, Tax Liability, and Felony Convictions Certifications. 0l.E.l Suspension and Debarment, On behalf of your Applicant. you certify that: a. lt will comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR part 180.b. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:(l) Are eligible to participate in covered transactions ofany federal department or agency and are not presently: (a) Debarred,(b) Suspended. 6 Page 16 of 12001-17-17 TC Packet rTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES (c) Proposed for debarment,(d) Declaredineligible,(e) Voluntarily excluded, or(0 Disqualified.(2) Within a three-year period preceding its latest application or proposal, its management has not been convicted ofor had a civiljudgment rendered against any ofthem for: (a) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction, or contract under a public transaction,(b) Violation ofany federal or slate antitrust statute, or(c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making any false statement, or receiving stolen property.(3) It is not presently indicted for or othenvise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any ofthe offenses listed in the preceding subsection 2.b ofthis Certification.(4) It has not had one or more public transactions (federal, state, or local) terminated for cause or default within a three-year period preceding this Certification.(5) If, at a later time, it receives any information that contradicts the preceding statements ofsubsections 2.a - 2.d ofthis Category 0l.E Certification, it will promptly provide that information to FTA.(6) lt will treat each lorver tier contract or subcontract under its Award as a covered lower tier contract for purposes of2 CFR part 1200 and 2 CFR part 180 if it: (a) Equals or exceeds $25,000, (b) Is for audit services, or (c) Requires the consent ofa federal official. (7) It will require that each covered lower tier contractor and subcontractor: (a) Comply and facilitate compliance rvith the federal requirements of2 CFR parts 180 and 1200, and (b) Assure that each lower tier participant in its Award is not presently declared by any federal depa(ment or agency to be:I Debarred from participation in any federally assisted Award,2 Suspended from participation in any federally assisted Award,3 Proposed for debarment from participation in any federally assisted Award,4 Declared ineligible to participate in any federally assisted Award,5 Voluntarily excluded from pafticipation in any federally assisted Award, or6 Disqualified from participation in any federally assisted Award. It will provide a written explanation if it or any of its principals, including any of its first tier Subrecipients or its Third Party Participants at a lower tier, is unable to ce(ify compliance rvith the preceding statements in this Category 0l .E.l Cenification. 0l.E.2.Tax Liabilitl'. c 7 01-17-17 TC Packet Page 17 of 120 If your Applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, on behalfofyour Applicant, you ceftify that: a FTA FISCAL Yf,AR 2OI7 CERTIFICATIONS AND ASSURANCES Your Applicant and its prospective Subrecipients have no unpaid federal tax liability that has been assessed, for which alljudicial and administrative remedies have been exhausted or have lapsed. and that is not being paid in a timely manner pursuant to an agreement with lhe authority responsible for collecting the tax liability. b. Your Applicant and its Subrecipients will follow applicable U.S. DOT guidance when issued. 01.E.3. Felony ConYictions. If your Applicant is a private corporation, pannership, trust. joint-stock company, sole proprietorship, or other business association, on behalfofyour Applicant, you certify that: a. Your Applicant and its prospective Subrecipients have not been convicted ofa lelony criminal violation under any federal law within the preceding 24 months. b. Your Applicant and its Subrecipients will follow applicable U.S. DOT guidance rvhen it is issued. 01.F. U.S. OMB Assurances in SF-4248 and SF-424D. The assurances in this Calegory 0l.F ore consistenl vith the U.S. OMB assurances required in the U.S. OMB SF-1218 ond SF-121D, anel updated as necessary to reJlect changes inlederal lat's, re gulal io ns, and requ ire me nl s. I . Administrotive Aclivities. On behalf of your Applicant, you assure that: a. For any application it submits for federal assistance, it has adequate resources to plan, manage, and properly complete the tasks to implement its Award. including: ( I ) The legal authority to apply for federal assistance, (2) The institutional capability. (3) The managerial capability, and (4) The financial capability (including funds sufficient to pay the non-federal share of the cost of incuned under its Award). b. As required, it will give access and the right to examine materials related to its Award to the following entities or individuals, including, but not limited to:(r) FTA, (2) The Comptroller General ofthe United States, and (3) The State, through an appropriate authorized representative.c. It willestablish a proper accounting system in accordance with generally accepted accounting standards or FTA guidance. d. It will establish safeguards to prohibit employees from using their positions for a purpose that results in:(l) A personal or organizational conflict of interest or personal gain,or (2) An appearance ofa personal or organizational conflict of interest or personal gain.2. Specifcs ofthe Ay,ard. On behalfofyour Applicant. you assure thar:a. It will begin and complete work within the period of performance that applies following receipt ofan FTA Award. b. For FTA assisted construction Ar.lards: 01-17-17 TC Packet 8 Page 18 of 120 FTA FISCAL YEAR 2() I7 CERTIFICATIONS AND ASSURANCES (l) Itwill comply with FTA provisions concerning the drafling, revierv, and approval of construction plans and specifi cations, (2) lt rvillprovide and maintain competent and adequate engineering supervision at the construction site to assure that the completed work conforms to the approved plans and specifications, (3) It will include a covenant to assure nondiscrimination during the useful life ofthe real property financed under its A*,ard in its title to that real property, (4) To the extent FTA requires, it will record the federal interest in the title to FTA assisted real property or interests in real property, and (5) It will not alter the site ofthe FTA assisted construction or facilities without permission or instructions from FTA by: (a) Disposing ofthe underlying real property or other interest in the site and facilities. (b) Modifying the use ofthe underlying real property or other interest in the site and facilities, or (c) Changing the terms ofthe underlying real property title or other interest in the site and facilities. c. It rvill fumish progress reports and other information as FTA or the state may require. 3. Statutory and Regtlatory Requirements. On behalfofyour Applicant, you assure that: a. Your Applicant rvill comply rvith all federal laws, regulations, and requirements relating to nondiscrimination that apply, including, but not limited to:(l) The prohibitions against discrim ination on the basis ofrace, color, ornational origin. as provided in Titlc VI of the Civil Rights Act,42 U.S.C. $ 2000d. (2) The prohibitions against discrimination on the basis ofsex. as provided in: (a) Title IX ofthe Education Amendments of 1972, as amended,20 U.S.C. $$ l68l - 1683, and 1685 - 1687, and (b) U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance." 49 CFR parl25. (3) The prohibitions against discriminarion on the basis ofage in federally assisted programs, as provided in the Age Discrimination Act of 1975, as amended. 42 U.S.C. $$ 6r0l -6r07.(4) The prohibitions against discrimination on the basis ofdisability in federally assisted programs, as provided in section 504 ofthe Rehabilitation Act of 1973. as amended, 29 U.S.C. $ 794. (5) The prohibitions against discrimination on the basis ofdisabiliry, as provided in the Americans with Disabilities Act of 1990. as amended,42 U.S.C. $ l2l0l .(6) The prohibitions against discrimination in the sale, rental, or financing ofhousing. as provided in Title VIll of the Civil Rights Act.42 U.S.C. g 3601 er ser7.(7) The prohibitions against discrimination on the basis ofdrug abuse, as provided in rhe Drug Abuse Office and Treatmenr Acr of 1972, as amended,2l U.S.C. $ ll0l el seq. (8) The prohibitions against discrimination on the basis ofalcohol abuse, as provided in the Comprehensive Alcohor Abuse and Arcohorism prevention Act of r970. as amended, 42 U.S.C. g 4541 et seq. 9 01-17-17 TC Packet Page 19 of 120 FTA FISCAL YEAR 2O I7 CERTIFICATIONS AND ASSURANCES (9) The eonfidentiality requirements for records ofalcohol and drug abuse patients. as provided in the Public Health Service Act, as amended, 42 U.S.C. I290dd - z90dd-2. ( l0) The prohibitions against discrimination in employment as provided in Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. $ 2000e et seq., (l l) The nondiscrimination provisions ofany other statute(s) that may apply to its Award b. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of I 970, as amended (Uniform Relocation Act), 42 U.S.C. $ 4601 et seg.. and 49 U.S.C. S 5323(b), regardless ofwhether federal assistance has been provided for any real property acquired or improved for purposes of its Award:(l) ltwill provide for fairand equitable treatment ofany displaced persons or any persons rvhose property is acquired or improved as a result of federally assisted programs. (2) It has the necessary legal authority under state and local laws, regulations, and requirements to comply rvith: (a) The Uniform Relocation Act.42 U.S.C. $ 4601 et sag., as specified by 42 U.S.C. $$ 4630 and 4655, and (b) U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR part 24, specifically 49 CFR $ 24.4. (3) It has complied with or will comply rvith the Uniform Relocation Act and implementing U.S. DOT regulations because: (a) It will adequately inform each affected person ofthe benefits, policies, and procedures provided for in 49 CFR part 24. (b) As provided by 42 U.S.C. i\ 4622,4623, and 4624, and 49 CFR part 24, if its Award results in displacement, it will provide lair and reasonable relocation payments and assistance to:I Displaced families or individuals, and2 Displaced corporations, associations, or partnerships. (c) As provided by 42 U.S.C. g 4625 and 49 CFR part 24, it willprovide relocation assistance programs offering the services described in the U.S. DOT regulations to such:I Displaced families and individuals, and2 Displaced corporations, associations, or partnerships. (d) As provided by 42 U.S.C. $ 4625(cX3), within a reasonable time before displacement, it u'ill make available comparable replacement dwellings to families and individuals. (e) It will do the lollowing: ! Carry out the relocation process to provide displaced persons with uniform and consistent services, and2 Make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin.(0 h will be guided by the real property acquisition policies of42 U.S.C. S$ 465t and 4652. 01-17-17 TC Packet t0 Page 20 of 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES (g) It will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. gg 4653 and 4654, understanding that FTA will provide federal assistance for its eligible costs ofproviding payments for those expenses, as required by 42 U.S.C. $ 4631. (h) It willexecute the necessary implementing amendments to FTA assisted third party contracts and subagreements.(i) It will execute, fumish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances.() It u,ill incorporate these assurances by reference into and make them a part of any third pa(y contract or subagreement, or any amendments thereto, related to its Award that involves relocation or land acquisition. (k) lt willprovide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions. c. lt will comply with the Lead-Based Paint Poisoning Prevention Act, specifically 42 U.S.C. $ 4831(b), which prohibits the use oflead-based paint in the construction or rehabilitation of residence structures. d. It will, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by federal assistance of:(l) The National Research Act, as amended,42 U.S.C. g 289 ei seg., and (2) U.S. DOT regulations, "Protection ofHuman Subjects," 49 CFR part I L e. It will, to the extent applicable, comply with the labor standards and protections for federally assisted Arvards of:(l) The DavisBacon Act, as amended,40 U.S.C. $$ 3l4l -3144.3146, and 3147, (2) Sections I and 2 ofthe Copeland "Anti-Kickback" Act, as amended, l8 U.S.C. g 874, and 40 U.S.C. $ 3145, respectively, and (3) The Contract Work Hours and Safety Standards Act, as amended,40 U.S.C. S 3701 el seq.f. It will comply with any applicable environmental standards prescribed to implement federal laws and executive orders, including, but not limited to:(l) Complying with the institution of environmental quality control measures underthe National Environmental Policy Act of 1969, as amended,42 U.S.C. $$ 4321 - 4335 and following Executive Order No. ll5l4, as amended,42 U.S.C. $ 4321 note.(2) Following the notification ofviolating facilities provisions ofExecutive Order No. I 1738, 42 U.S.C. $ 7606 note. (3) Following the protection ofwetlands provisions of Executive Order No. t1990, 42 U.S.C. g 4321 note. (4) Following the evaluation of flood hazards in the floodplains provisions of Executive Order No. 11988, May24, 1977,42U.5.C.94321 note. and Executive Order No. 13690 "Establishing a Federal Flood Risk Management Standard and a process for Further Soliciting and Considering Stakeholder lnput, January 30, 2015.(5) Complying with the assurance ofconsistency with the approved state management program developed pursuant to the Coastal Zone Management Act of 1972, as amended, l6 U.S.C. $$ l45l - 1465. 01-17-17 TC Packet ll Page 21 ot 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES t2 Page 22 of 120 (6) Complying with the Conformity of Federal Actions to State (Clean Aio lmplementation Plans requirements under section 176(c) ofthe Clean Air Act of 1970, as amended,42 U.S.C. $$ 7401 - 7671q. (7) Complying with protections for underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended,42 U.S.C. $ 300f - 300j-6. (8) Complying with the protections for endangered species under the Endangered Species Act of 1973. as amended, l6 U.S.C. $$ l53l - 1544. (9) Complying with the environmental protections for federal transportation programs, including. but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, state. or local significance or any land from a historic site of national, state, or local significance to be used in a transportation Award, as required by 49 U.S.C. $ 303 (also known as "Section 4f'). ( l0) Complying with the protections for national *'ild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of I968, as amended, I 6 U.S.C. $$ I27r - 1287. (l l) Complying with and facilitating compliance with: (a) Section I 06 of the National Historic Preservation Act of I 966, as amended, 54 U.S.C. S 300108, (b) The Archaeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. $ 312501 er seq., and (c) Executive Order No. 11593 (identification and protection ofhistoric properties), 54 U.S.C. $ 3oorol. g. To the extent applicable. it will comply rvith the following federal requirements for the care, handling, and treatment of warm-blooded animals held or used for research, teaching, or other activities supponed rvith federal assistance:(l) The Animal Welfare Acl, as amended, 7 U.S.C. S 2l3l et seq.,and (2) U.S. Department of Agriculture regulations, "Animal Welfare," 9 CFR subchapter A, parts l, 2, 3. and 4. h. To the extent applicable, it will obtain a certificate of compliance with the seismic design and construction requirements of U.S. DOT regulations, "Seismic Safety," 49 CFR part 41, specifically 49 CFR $ 4l.l l7(d), before accepting delivery ofany FTA assisted buildings.i. It rvill comply with and assure that each of its Subrecipients located in special flood hazard areas will comply with section 102(a) ofthe Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. g 4012a(a), by:(l) Participating in the federal flood insurance program, and (2) Purchasing flood insurance if the total cost ofinsurable construction and acquisition is $ 10,000 or more.j. It will comply with:(l) The Hatch Act, 5 U.S.C. g{| l50l - 1508,7324 -7326, which limits the political activities ofstate and local agencies and their officers and employees r,r,hose primary employment activities are financed in whole or part with federal assistance. including a federal loan, grant agreement, or cooperative agreement, and(2) 49 U.S.C. S 5321(l)(2) and 2l U.S.C. g t4Z(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES s)'st€m (or ofany other agency or entity performing related functions) receiving federal assistance appropriated or made available under 49 U.S.C. chapter 53 and 23 U.S.C. $ 142(a)(2) to rvhom the Hatch Act does not otherwise apply.k. It u ill perform the financial and compliance audits as required by the: ( I ) Single Audit Act Amendments of I 996, 3 I U.S.C. g 7501 et .reg., (2) U.S. DOT regulations. "Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards," 2 CFR part 1201, which incorporates by reference U.S. OMB regulatory guidance, "Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards," 2 CFR part 200, and (3) Most recent applicable U.S. OMB Compliance Supplement,2 CFR part 200, appendix Xl (previously known as the U.S. OMB Circular A- I 33 Compliance Supplement).l. It rvillcomply with all other federal laws, regulations, and requirements that apply. m. It will follorv federal guidance governing it and its Award, except as FTA has expressly approved otherwise in writing. CATEGORY 02. LOBBYING. Before FTA may' provide federal assistance for a gronl or cooperative agreemenl exceeding 5100,000 or a loan, line ofcredit, loan guorontee, or loan insurance exceeding 5150,000, you must select the Lobbying Certifications in Category 02, unless y,our Applicanl is on Indian Tribe, lndion organization, or an lnclian tribal organizalion exempt .from lhe requiremenls of 3l U.S.C. $ 1352, and/or except as FTA determines olhenrise in vriting. Ary provision of the Certilications in Category 02 that does not crppll'u'ill not be enforced. On behalfofyour Applicant, )'ou certify that: I . As required by 3l U.S.C. $ 1352 and U.S. DOT regulations, "New Restrictions on Lobbying," specifically 49 CFR $ 20. I l0: a. The lobbying restrictions of this Certification apply to its requests:(l) For$l00.000ormore in federal assistance fora grant or cooperative agreement, and (2) For $150,000 or more in federal assistance for a loan, line ofcredit, loan guarantee, or loan insurance. and b. Your Certification on your Applicant's behalfapplies to the lobbying activities of:(l) The Applicant, (2) Its Principals, and (3) Its Subrecipients at the first tier. 2. To the best ofyour knowledge and belief: a. No federal appropriated funds have been or will be paid by your Applicant or on its behalfto any person to influence or attempt to influence: ( I ) An officer or employee of any federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line ofcredit, loan guarantee, or loan insurance, or (2) A Member of Congress, an employee ol a member ol Congress, or an officer or employee ofCongress regarding the award ofa: Page 23 of 12001-17-17 TC Packet l3 FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES (a) F-ederal grant or cooperative agreement. or (b) Federal loan, line ofcredit, loan guarantee, or loan insurance. b. Your Applicant will submit a complete OMB Standard Form LLL (Rev. 7-97). "Disclosure of Lobbying Activities," consistent with the instructions on rhat form. if any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence: ( l) An officer or employee ofany federal agency regarding the award ofa: (a) Federal grant or cooperative agreement. or (b) Federal loan, line ofcredit, loan guarantee. or loan insurance, or (2) A Member ofCongress, an employee ofa member ofCongress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line ofcredit, loan guarantee, or loan insurance. c. Your Applicant will include the language of this Cenification in its Arvard documents under a federal grant, cooperative agreement, loan, line olcredit, or loan insurance including. but not limited to: (l ) Each third party contract, (2) Each third party subcontract, (3) Each subagreement, and (4) Each third party agreement. 3. Your Applicant understands that: a. This Certification is a material representation offacl that the Federal Governmenl relies on. and b. lt must submit this Certification before the Federal Government may award federal assistance for a transaction covered by 3l U.S.C. $ I 352, including a:(l) Federal grant or cooperative agreement, or (2) Federal loan, line ofcredit, loan guarantee, or loan insurance. 4. Your Applicant understands that any person who does not file a required Certification will incur a civil penalty of not less than $ I0,000 and not more than $ I 00,000 for each such failure. CATEGORY 03. PROCUREMENT AND PROCUREMENT SYSTE1VIS. lle request lhal you selecl the Procurement and Procurement Systems CertiJication in Cotegory 03 on behalf of your Applicant, especiollf if your Applicant is a state, local, or lndian tribal governmenl y,ith a certijied procuremenl system, os provided in 2 CFR S 20U2a@(2), incorporated by reference in 2 CFR port l20l or forner 49 CFR S 18.36(st@(ii). Any provision of the Certifcation in Category 03 lhat does not appb,vill nol be enforcetl. On behalfofyour Applicant, you certify that its procurements and its procurement system u,ill comply with all federal laws, regulations, and requirements in accordance rvith appticable federal guidance, except as FTA has approved otherwise in rvriting. l4 Page 24 of 12001-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES CATEGORY 04. PRIVATE SECTOR PROTECTIONS. Before FTA may provide federal assislance for an Avarcl that involves lhe acquisition of public tronsporlation propert)'or the operation ofpublic transporlotion facilities or cq.,ipment, you must select lhe Private Prcperly Proteclions Assuronces in Category 0l.A and enter into the Agreements in Category'01.8 ond Category 01.C on behalfofyour Applicant, except os FTA delermines othenvise in u,riling. Any provision of the Assurances and Agreemenls in Category 01 thal does nol opply y,ill not be enforced. 0;1.A. Private ProperF" Protections. If your Applicant is a stote, loctl governmenl, or Indian lribal governmenl and seeks federal assislance from FTA to ocquire the property of a privale lransil operalor or operate public ffansportation in competitioh with or in oddilion to a public translnrl.ltion operalor, the Private Property Protections Assurances in Category 01.A apply to your Applicant, except os FTA delermines olher*ise in v'riting. To facilitate FTA's ability to make the findings required by 49 U.S.C. $ 5323(a)(l), on behalfof your Applicant, you assure that: l. Your Applicant has or will have: a. Determined that the federal assistance it has requested is essential to carrying out its Program of Projects as required by 49 U.S.C. $S 5303, 5304, and 5306, b. Provided lor the participation ofprivate companies engaged in public transportation to the maximum extent feasible, and c. Paidjust compensation under state or local laws to the company for any franchise or property acquired. 2. Your Applicant has completed the actions described in the preceding section I of this Category 04.A Certifi cation before: a. It acquires the property or an interest in the property ofa private provider ofpublic transportation, or b. lt operates public transportation equipment or facilities: ( I ) In competition with transportation service provided by an existing public transportation operator, or (2) ln addition to transportation service provided by an existing public transportation operator. 04.8. Charter Sen'ice Agreement. If 1'our Applicant seekfederal assistonce from FTA ro ocquire or operare rransir fociliries or equipment, rhe charrer service Agreement in Category 0J.B applies to s'our Applicanr, excepr as FTA determines otheru'ise in wriling. 01-17-17 TC Packet l5 Page 25 of 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES To comply rvith 49 U.S.C. $ 5323(d) and (g) and FTA regulations, "Charter Service,49 CFR part 604, specifically 49 CFR S 604.4, on behalfofyour Applicant, you are entering into the follorving Charter Service Agreement:I. FTA's "Charter Service" regulations apply as follows: a. FTA's Charter Service regulations restrict transportation by charter service using facilities and equipment acquired or improved under an Award derived from:(l) Federal transit laws,49 U.S.C. chapter 53, (2) 23 U.S.C. $$ 133 or 142. or (3) Any other Act that provides federal public transportation assistance, unless otheru,ise excepted. b. FTA's charter service restrictions extend to:(l) Your Applicant. rvhen it receives federal assistance appropriated or made available for: (a Federal transit larvs,49 U.S.C. chapter 51, 23 U.S.C. $$ 133 or 142, or(b (c Any other Act that provides lederal public transportation assistance. unless othern,ise excepted. (2) Any Third Party Participant that receives federal assistance derived from: (a) Federal transit larvs,49 U.S.C. chapter 53, (b) 23 U.S.C. $$ 133 or 142, or (c) Any other Act that provides federal public transportation assistance, unless otherwise excepted. A Third Party Participant includes any: ( I ) Subrecipient at any tier, (2) Lessee. (3) Third Party Contractor or Subcontractor at any 1ier, and (4) Other Third Party Participant in its Award. You and your Applicant agree that neither it nor any govemmental authority or publicly owned operator that receives federal public transportation assistance appropriated or made available for its Award will engage in charter service operations, except as permitted under: (l) Federal transit laws, specifically 49 U.S.C. $ 5323(d) and (g), (2) FTA regulations, "Charter Service,'49 CFR part 604, to the extent consistent rvith 49 U.S.C. $ 5323(d) and (g). (3) Any other federal Charter Service regulations, or (4) Federal guidance, except as FTA determines otherrvise in writing. You and your Applicant agree that the latest Charter Sen'ice Agreement selected in its Iatest annual Certifications and Assurances is incorporated by reference and made part of the Underlying Agreement accompanying its Award offederal assistance from FTA. You and your Applicant agree that: ( I ) FTA may require corrective measures or impose remedies on it or any govemmental authority or publicly owned operator that receives federal assistance from FTA that has demonstrated a panem of violating of FTA's Charter Service regulations by: (a) Conducting charter operations prohibited by federal transit laws and FTA's Charter Service regulations. or c d e t l6 Page 26 of 12001-17-17 TC Packet FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES (b) Otherwise violating its Charter Service Agreement selected in its latest annual Certifi cations and Assurances. (2) These correctiye measures and remedies may include:(a) Barring your Applicant or any'Ihird Party Participant operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA, (b) Withholding an amount of federal assistance as provided by Appendix D ro FTA's Charter Service regulations, or (c) Any other appropriate remedy that may apply. 2. In addition to the exceptions to the restrictions in FTA's Chaner Service regulations, FTA has established the following additional exceptions to those restrictions: a. FTA's Charter Service restrictions do not apply to your Applicant if it seeks federal assistance appropriated or made available under 49 U.S.C. $$ 5307 or 531 I to be used for Job Access and Reverse Commute (JARC) activities that would have been eligible for assistance under former 49 U.S.C. $ 531 6 in effect in FY 2012 or a previous fiscal year. provided that it uses that federal assistance from FTA for those program purposes only.b. FTA's Charter Service restrictions do not apply to your Applicant if it seeks federal assistance appropriated or made available under 49 U.S.C. $ 53 l0 to be used for New Freedom activities that u,ould have been eligible for assistance under former 49 U.S.C. $ 53 I 7 in effect in FY 20l2 or a previous fiscal year, provided it uses that federal assistance from FTA for those program purposes only. c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have violated the FTA Charter Service regulations if that Recipient provides a private intercity or charter transpo(ation operator reasonable access to that Recipient's federally assisted public transportation facilities, including intermodal facilities, park and ride lots, and bus- only highway lanes, as provided in 49 U.S.C. g 5323G). 04,C. School Bus Agreement, If your Applicant seel<s federal assistancefrom FTA to ocquire or operate tronsit facilities or equipmenl, the School Bus Agreement in Cotegory 01.C applies to your Applicant, except as FTA delermines olherwise in vliting. To comply with 49 U.S.C. { 5323(f) and (g) and FTA regulations, ..School Bus Operations,', 49 CFR part 605, to the extent consisrent with 49 U.S.C. g 5323(fl and (g). your Applicant agrees to enter into the following School Bus Agreement:l. FTA's "School Bus operations" regurations at 49 CFR part 605 restricts school bus operations using facilities and equipment acquired or improved with federal assistance derived from: a. Federal transit laws,49 U.S.C. chapter 53,b. 23 U.S.C. gg 133 or 142, orc. Any other Act that provides federal pubtic transportation assistance, unless otherwiseexcepted. 2. FTA's school bus operations restrictions extend to:a. Your Applicant, when it receives federal assistance appropriated or made available for: t7 Page 27 of 12001-17-17 TC Packet CATEGORY 05. ROLLING STOCK REVIEWS AND BUS TESTING. Before FTA may provide federal assislancc for on Au,ard to acquire rolling stock.for use in revenue sen ice or to acquire o nev' bus model, you must selecl the Rolling Stock Reviews and Bus Testing CertiJicalions in Category' 05, except as FTA determines olherui_ee ih writing. Any provision of the Certifcations in Category 05 that does not apply will not be enforced. 05.A. Rolling Stock Reviervs. IJ your Applicanl seeks.federal assistonce from FTA to acquire rolling srockfor use in revenue semice, the Rolling Stock Reviews Certificalions in Category,05.A apply to your Applicanr, excepl as FTA determines otherwise in wriling. l8 Page 28 of 120 FTA FISCAL YEAR 20I7 C}]RTIFICATIONS AND ASSURANCES (l) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. $$ 133 or 142, or (3) Any other Act that provides federal public transportation assistance, unless otherwise excepted. b. Any Third Party Participant that receives federal assistance derived from: ( l) Federal transit larvs, 49 U.S.C. chapter 53, (2) 23 U.S.C. $$ 133 or 142, or (3) Any other Act that provides federal public transportation assistance, unless otherwise excepted. 3. A Third Party Participant includes any: a. Subrecipient at any tier, b. Lessee.c. Third Party Contractor or Subcontractor at any tier, and d. Any other Third Party Participant in the Award. 4. You and your Applicant agree, and willobtain the agreement ofany Third Party Participant, that it will not engage in school bus operations in competition with private operators of school buses, except as permitted under: a. Federal transit laws, specifically 49 U.S.C. $ 5321(0 and (g), b. FTA regulations, "School Bus Operations," 49 CFR part 605, to the extent consistent with 49 U.S.C. $ 5323(f) and (g), c. Any other federal School Bus regulations, or d. Federal guidance, except as FTA determines otherwise in writing. 5. You and your Applicant agree that the latest School Bus Agreement selected on its behalf in FTA's latest annual Certifications and Assurances is incorporated by reference and made part ofthe Underlying Agreement accompanying its Award of federal assistance. 6. You and your Applicant agree that after it is a Recipient, if it or any Third Party Participant has violated this School Bus Agreement, FTA may: a. Bar your Applicant or Third Party Participant from receiving fu(her federal assistance for public transportation, or b. Require the Applicant or Third Party Participant to take such remedial measures as FTA considers appropriate. 01-17-17 TC Packet FTA FTSCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCf,S 05.8. Bus Testing. On behalfofyour Applicant, you certify that: l. FTA's bus testing requirements apply to all acquisitions ofnew buses and new bus models that require bus testing as defined in FTA's Bus Testing regulations, and it will comply with: a. 49 U.S.C. $ 531 8, and b. FTA regulations, "Bus Testing," 49 CFR part 665. 2. As required by 49 CFR $ 665.7, when acquiring the first bus ofany new bus model or a bus model rvith a major change in components or configuration, your Applicant will not spend any federal assistance appropriated under 49 LI.S.C. chapter 53 to acquire that new bus or nerv bus model until: a. That new bus ornew bus model has been tested at FTA's bus testing facility, andb. It has received a copy of the test report prepared for that new bus or nerv bus model.3. It will ensure that the ne*' bus or ne* bus model that is tested has met the performance standards consistent with those regulations, including the:a. Performance standards for: ( l) Maintainability, (2) Reliability, (3) Performance (including braking performance),(4) Structuralintegrity, (5) Fuel economy, (6) Emissions. and (7) Noise. andb. Minimum safety performance standards established under 49 U.S.C. $ 5329, rvhen issued.4. After FTA regulations authorized by 49 U.s.c. g 53 l8(e)(2) are in effect, it will ensure thar the nelv bus or new bus model that is tested has received a passing aggregate test score under the "Pass/Fail" standard established by regulation. CATIGORY 06. DENIAND Rf,SPONSIVE SERVICE. l9 Page 29 of 120 On behalfofyour Applicant, you certify that, when procuring rolling stock for use in revenue service: I . Your Applicant will comply with: a. Federal transit laws, specilically 49 U.S.C. g 5323(m), and b. FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,'' 49 CFR part 663, and 2. As provided in 49 CFR $ 663.7: a. Your Applicant will conduct or cause to be conducted the required pre-award and pos! delivery reviews ofthat rolling stock, and b. It rvill maintain on file the Certifications required by 49 CFR part 663, subparts B, C, and D. If your Applicanl seeksfederal ossislance from FTA to acquire a nett bus model. the Bus Testing Certifications in Calegory'05.8 uppll'lo y'our Applirunl, excepl os FTA.letermines othent'ise in vriling. 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES Before FTA may provide feeleral assistance lo a public enlily that operates demand rcsponsive service for on Av,ard lo acquire o non-rail vehicle thal is nol accessible, !'ou must select the Demand Responsive Service Certifcations in Calegory 06, except as FTA determines olhent,ise in vriting. An1' provision of the Certiftcations in Category 06 that cloes not appbi will not be enforced. As required by U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR part 37, specifically 49 CFR $ 37.77(d), on behalfofyour Applicant, you certify that: I . Your Applicant offers public transportation services equivalent in level and quality of service to: a. Individuals with disabilities, including individuals u'ho use wheelchairs, and b. Individuals without disabilities. 2. Viewed in its entirety, your Applicant's service for individuals with disabilities is: a. Provided in the most integrated setting feasible, and b. Equivalent to the service it offers individuals rvithout disabilities with respect to:(l) Response time, (2) Fares, (3) Geographic service area, (4) Hours and days ofservice. (5) Restrictions on priorities based on trip purpose, (6) Availability of information and reservation capability, and (7) Constraints on capacity or service availability. CATEGORY 07. INTELLIGENT TRANSPORTATION SYSTEMS. Before FTA may provide federal assistance.for an Aword in support ofan Intelligent Transportation System (lTS), you musl selecl lhe Inlelligent Transportation Syslems Assurances in Category 07, except as FTA determines olhenrise in u'riting. Ary provision ofthe Assurances in Category, 07 that does not dpply v,ill not be enforced. On behalf of your Applicant, you and your Applicant: l. Understand that. as used in this Assurance, the term Intelligent Transportation System is defined to include technologies or systems oftechnologies that provide or significantly contribute to the provision ofone or more Intelligent Transportation System (lTS) user services as defined in the'National ITS Architecture." 2. Assure that, as provided in 23 U.S.C. $ 5 I 7(d), any Award that includes an ITS or related activity financed with appropriations made available from the Highway Trust Fund, including amounts made available to deploy ITS facilities or equipment, will conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under 23 U.S.C. $ 5 l7(a) or (c), unless it obtains a waiver as provided in 23 U.S.C. S 517(dX2). 01-17-17 TC Packet 20 Page 30 of 120 FTA FISCAL YE,AR 2OI7 CERTIFICATIONS AND ASSURANCES CATEGORY 08. INTEREST AND FINANCING COSTS ANI) ACQUISITION OF CAPITAL ASSETS BY LEASE. Before FTA may tn'ardfederal assistance appropriated or made ovailable under 49 ll.S.C. chapter 53 lo support lhe interest, financing, or leasing costs ofany Av,ard.finoncecl under the Urbonized Areu Formula Granls Program, Fixed Guideu,ay (:opital Investment Grants Program, ary) program to vhich the requirements of19 U.S.C. $ 5j07 opply, or any other progrom os FTA ma1' specify, 1'ou mttt selecl lhe Cerlifcations in Cotegory'08, except ss FTA moy determine olhercise in u'riting. Any provision ofthe Certilications and Assurances in Category 08 that does not apply will not be enforced. 08.A. Interest and Financing Costs. lfyour Applicant inlends lo use.federal ossistunce to support the interest or ary otherfinancing costsfor an Awardfnanced under the Urbanized Area Formula Grants Program, lhe Fixed Guidevay Capital Inveslmenl Grants Program, the Nev,Starls, Small Starts, and Core Capacih' Proqyams, any program thot must comply \vith the requirements of 49 (.1.SC. $ 5 307, or any olher program as FTA may specifi, lhe Inlerest ond Financing Cosls Certifications in Colego,y 08.A apply to your Applicant, except as FTA determines otheruise in wriling. 08.8. Acquisition of Capital Assets by Lease. If your Applicant seeksfederal assiston.ce from FTA to acquire capitol assets (other lhan rolling stock or related equipment) through a lease, the Acquisitiin ofCipitat Assets b, Lea.seCertifications and Assurances in Category 08.8 oppll,to 1,our Applicant, excepi us F-IA de te rm i ne s o theru. ise i n v,rit i ng. On behalfofyour Applicant, you -certify and assure that, as required by FTA regulations,"capital Leases." 49 cFR part 639, lo the extent consistent with tr," risr ecr,Ir you.'nppticant 21 Page 31 of 120 On behalfofyour Applicant, you certify that:l. It will not seek reimbursement for interest or any other financing costs unless: a. It is eligible to receive federal assistance for those costs, and b. Its records demonstrate that it has shown reasonable diligence in seeking the most favorable financing terms, as FTA may require. 2. It rvill comply with the same favorable financing cost provisions for Awards financed under:a. The Urbanized Area Formula Grants Program, b. A Full Funding Grant Agreement, c. An Early Systems Work Agreement, d. The Fixed Guideway Capital Investment Program financed by previous FTA enabling legislation, e. Any program that must comply wirh the requirements of 49 U.S.C. g 5307, orf. Any other program as FTA may specify. 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES acquires any capital asset (other than rolling stock or related equipmenl) through a lease financed with federal assistance appropriated or made available under 49 U.S.C. chapter 53, it rvill not enter inlo a capital lease for which FTA can provide only incremental federal assistance unless it has adequate financial resources to meet its future lease obligations iffederal assistance is not available. CATEGORY 09. TRANSIT ASSET MANAGEMENT PLAN, PUBLIC TRANSPORTATION AGENCY SAFETY PLAN, AND STATE SAFITY OVERSIGHT REQUIREMENTS. Bejbre FTA may provide.federal assistonce oppropriated or made avaikftle under 49 U.S.C. chapter 53 to supporl an Au'ard, you must select the Cerlifcotions in Calegory 09, except as FTA determines olhentise in triling. 09.A. Transit Asset Management Plan. If 1'our Applicant applies for firnding approprialed or made avoiloble.[or 49 U.S.C. chapter 53, the Transil Assel Manogement Certfications in ('ategory- 09.A opply to your Applicanl, except us FTA determines othent'ise in vriling. On behalfofyour Applicant. you certily that it and each of its Subrecipients will:l. Comply rvith FTA regulations, 'Transit Asset Management." 49 CFR part 625, and 2. Follow federal guidance that will implemenl the regulations at 49 CFR paft625. 09,B. Public Transportation Safetl Program, If your Applicant applies for funding under 49 U.S.C. chapter 53 and it is a State, local governmenl outhority, or any other operator ofa public transporlotion syslem, lhe particular provisions under the Public Tronsportation Safeq, Program in Calegom 09.8 apply to your Applicant, except as FTA determines otheru,ise in writing. On behalfofyour Applicant, you certify thal it will comply rvirh applicable regulations, guidance, and directives that implement the Public Transportation Safety program provisions of 49 U.S.C. S 5329(b)-(d), except as FTA determines otherw.ise in writing. 09.C. State Safeg Oversight Requirements. on behalfofyour Applicant, depending on how far the Recipient has progressed in developing astate safety oversight program fully compliant wirh 49 u.s.c. g 5329(e) and FTA regularioni,"State Safety Oversight," 49 C.F.R. part 674, yout applicant certifies that it will comply as follows: 01-17-17 TC Packet 22 Page 32 of 120 Any provision of the Certifications in Category 09 thot does not apply vill not be enforced. FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES l. States With a Fully Compliant Program. The Recipient agrees that FTA regulations, "State Safety Oversight," 49 C.F.R. part674, will apply when its State Safety Oversight program is fulll'compliant with FTA's requirements, but 2. States Without a Fully Compliant Program. The Recipient agrees rhat FTA regulations, "Rail l-ixed Guideway Systems; State Safety Oversight," 49 C.F.R. part 659, will continue ro apply to those states that have not yet implemented a fully compliant Public Transportation Safety Program. CATEGORY IO. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 4nv prot,ision of the Certificotions in Calegor)' l0 thut tktes rutt crpplv vill not be enforced. As required by 49 U.S.C. $ 5331, and FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." 49 CFR part 655, subpart [, specifically 49 CFR $ 65 5.83, on behalf of your Applicant, including an Applicant that is a state, and on behalf of irs Subrecipients and Third Party Contractors, you cenify that:l. Your Applicant, its Subrecipients, and Third Party Conlractors to which these testing requirements apply have established and implemented: a. An alcohol misuse testing program, and b. A controlled substance lesting program. 2. Your Applicant. its Subrecipients, and its Third Party Contractors to rvhich these testing requirements apply have complied or will comply with all applicable requirements of 49 CFR part 655 to the extent those regulations are consistent with 49 U.S.C. g 5331. 3. Consistent with U.S. DOT Office of Drug and Alcohol Policy and Compliance Notice, issued October 22. 2009, ifyour Applicant, its Subrecipients, or its Third Party Contractors to which these testing requirements apply reside in a state that permits marijuana use for medical or recreational purposes, your Applicant. its Subrecipients, and its Third Party Contractors to rvhich these testing requirements apply have complied or rvill comply with the federal controlled substance lesting requirements of49 CFR part 655. CATEGORY I I. FIXED GUIDEWAY CAPITAL INVESTT,IENT GRANTS PROGRA]\I (n.EW STARTS, SMALL STARTS, AND CORE CAPACITY IMPROVEMENT). Before FTA ma1, provicle .federal assistancefor an Avard financetl under the Nev Starts, Small Starls, or Corc Capacity Improtement Program authorized under 19 U.S.C. $ 5309, you must select the Cerlifcotions in Category I l , except as FTA may determine othen )ise in $,riting. Aw provision ofthe Certifications in Category l1 lhat does not oltply'will not be enforced. Except as FTA determines otherwise in writing, on behalfofyour Applicant, you certify that: 23 ll'1our Applicant musl comply *'ilh the alcohol and controlled suh.tlance lesling requirements of 19 Ll.5.C'. { 5331 and its implemenling regulations, before FTA may provide federal assistance .for an Atctrd, you musl select lhe Cerlifcalions in Category 10, except os FTA moy determine othenrise in rriling. 01-17-17 TC Packet Page 33 of 120 FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES l. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. 2. It hasorwill have satisfactory continuing control overthe use of its equipment and facilities acquired or improved under its Award. 3. It will maintain its equipment and facilities acquired or improved under its Arvard in accordance with its transit asset management plan and consistent with FTA regulations, "Transit Asset Management." 49 CFR part 625, 4. It will comply with: a. The metropolitan transportation planning requirements of49 U.S.C. $ 5303, and b. The statervide and nonmetropolitan transportation planning requirements of49 U.S.C. $ 5304, and 5. Itwill comply with FTA guidance, "Final lnterim Policy Guidance, Federal Transit Administration Capital lnvestment Grant Program," June 2016. CATEGORY I2. STATE OF GOOD REPAIR PROGRAM. CATEGORY I3. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS Before FTA nay provide federal assistance for an Award under the Buses and Bus Facilities Progrem euthorized under 19 U.S.C. S 5339, as amendecl by the FAST Act, vhich outhorizes grants for formula and competilivc Bus and Bus Facilities Grants oml Lov,or No Emission buses or on av'ard under the Lou'or No Emission Vehicle Developmenl Program authorized uncler former 19 U.S.C. S 5312(d)(5), )'ou must select lhe Certificarions in Category 13, except as FTA delernines olhenrise in triting. 01-17-17 TC Packet 24 Page 34 of 120 Before FTA may provide fecleral assistance for on Av,ardfinanced under the State of Good Repair Program authorized under 19 U.S.C. ! 5j37, you must select the Certifications in Category 12, except as FTA determines othenvise in v,riting. AnS, provision of the Assuronce in Cotegory l2 thut does not opply u,ill nol be e4forced. On behalfofyour Applicant, you certify that: I . It has or will have the legal, financial. and technical capacity to carry out its Award, including the safety and security aspects ofthat Award, 2. [thasorwill have satisfactory continuing control overthe use of its equipment and facilities acquired or improved under its All'ard, 3. lt will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625, and 4. It will comply with: a. The metropolitan transportation planning requirements of49 U.S.C. g 5303, and b. The statewide and nonmetropolitan transportation planning requirements of49 U.S.C. $ 5304. FTA FISCAL YEAR 2OI7 CERTTFICATIONS AND ASSURANCES Any provi:ion ol lhe CertiJicotions in Culegory l3 thttt does ru.tt uppll,'trill rutt be enfbrced. 13.A. Grants for Buses and Bus Facilities Program Ifyour Applicant is in an urbanized area, except as FTA determines otherwise in *,riting, on behalfofyour Applicant, you certify that: a. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and securitl' aspects of thal Award. b. lthasoru'ill have satisfactorl'continuing control over the use of its equipment and facilities acquired or improved under its Award. c. It willmaintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625. d. When using or involving a facility or equipmenl acquired or improved with federal assistance under 49 U.S.C. S 5ll9 during non-peak hours for transportation, recipients in an urbanized area u,ill charge a fare not exceeding fifty (50) percent ofthe peak hour fare to the lollowing individuals:(l) Any senior, (2) Any individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanenl disability (including an individual rvho is a wheelchair user or has semi-ambulatory capability), is unable to use a public transportation service or a public transportation facility effectively without special facilities. planning. or design. (3) Any individual presenting a Medicare card issued to that individual under title Il of the Social Security Act (42 U.S.C. $ 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual undertitleXVIII of the Social Security Act (42 U.S.C. g 1395 er seq.). e. When carrying out a procurement under 49 U.S.C. $ 5339, it will comply with:(l) The applicable general provisions of 49 U.S.C. g5323,and (2) The applicable third party contract provisions of49 U.S.C. g 5325.f. It has complied rvilh or *'ill comply with 49 U.S.C. g 5307(b).g. As required by 49 U.S.C. $ 5307(d):(l) lt has or will have the amount offunds required for the non-federal share,(2) It will provide the non-federal share from sources approved by FTA, and(3) It will provide the non-federal share when needed. h. It will comply wirh:(l) The metropolitan transportation planning requirements of49 U.S.C. $ 5303. and(2) The statewide and nonmetropolitan transportation planning requirements of 49 U.S.C. $ 5304. 25 Page 35 of 120 The.folloving Cerlif calion.s for the Grants.for Bu;es and Bus F cilities Progran are required by 19 U.S.C. $ 5339, as amended by the FAST Act, which provides that the reEtirements of 19 U.S.L'. ! 5307 shall apply lo recipients ofgronts made in urbanized areas and the requiremenls of 19 U.S.C. S 53 I I shall apply to recipients of gronts mode in rural areas. Thereforc: 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES 13.B. Lou' or No Emission Vehicle Deployment. IJ'1'our Applicant seeksfederal ossistance from FTA for an Award financed under the Low or No Emission Vehicle Development Program authorized uruler former 19 U.S.C. $ S3l2(d)(S), the 01-17-17 TC Packet 26 Page 36 of 120 i. It has a locally developed process to solicit and consider public commenr before: ( l) Raising a fare, or (2) Implementing a major reduction ofpublic transportation service.j. lt will comply with applicable regulations, guidance, and directives that implement the Public Transportation Safety Program provisions of49 U.S.C. $ 5329(b)-(d), excepr as FTA determines otherwise in writing. 2. Except as FTA determines otherwise in rvriting. ifyour Applicant is in a rural area, you certify, on behalfofyour Applicant, that: a. It has or will have and require each Subrtcipient to have the legal, financial. and technical capacity to carry out its Award, including the safety and security aspects ofthar Arvard. b. It has or will have and require each Subrecipient to have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.c. It willmaintain and require each Subrecipient to maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625. d. lts state program has provided for a fair distribution of federal assistance appropriated or made available under 49 U.S.C. $ 53 I l(b) within the state to eligible entities, including lndian reservations. e. lts program provides or will provide the maximum feasible coordination offederal assistance for public transportation service with transportation service financed by olher federal sources.f. Its Awards and Subawards in its Formula Grants for Rural Areas Program are included in:(l) The statewide transportation improvement program, and (2) To the extent applicable, a metropolitan transportation improvement program.g. With respect to the non-f'ederal share:(l) It has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the non-federal share, as required by 49 U.S.C. $ 531 l(e), (2) It will provide and, as necessary, will require each Subrecipient to provide the non- federal share from sources approved by FTA, and(3) It will provide and, as necessary, will require each Subrecipient to provide the non- federal share when needed. h. It may transfer a facility or equipment acquired or improved under its Award to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, it ( I ) The Recipient possessing the facility or equipment consents to the transfer, and (2) The facility or equipment willcontinue to be used as required under 49 U.S.C. $ s3l l. FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES Cerlifcalions and Assurances in Calegory l3.B opply to your Applicant, excepl as FTA deterntines olhenuise in vriting. Former section 53l2(dX5XCXD oftitle 49, United States Code, requires the following Certifications for Low orNo Emission Vehicle Deployment Program before awarding federal assistance appropriated or made available under MAP-21 . Therefore, except as FTA determines otherwise in writing. on behalfofyour Applicant, you certify and assure that:l. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. 2. lt has or will have satisfactory continuing control over the use ofequipment and facilities acquired or improved under its Award. 3. It will maintain its equipment and facilities acquired or improved under its Auard in accordance with the Recipient's transit management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625. 4. When using or involving a facility or equipment acquired or improved with federal assistance under former 49 U.S.C. $ 53 l2(dX5) during non-peak hours for transportation, it will charge a fare not exceeding fifty (50) percent of the peak hour to the following individuals: a. Any senior, b. Any individual rvho, because of illness, injury, age, a congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a rvheelchair user or n'ho has semi-ambulatory capability) and is unable to use a public transportation service or a public transportation facility effectively without special facilities, special planning. or special design, c. Any individual presenting a Medicare card issued to that individual under title II ofthe Social Security Act (42 U.S.C. $ 401 et seg.), and d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. $ 1395 el seq.). 5. When carrying out a procurement underthis Program, it will comply with: a. The applicable general provisions of49 U.S.C. g 5323, and b. The applicable third party contract provisions of49 U.S.C. g 5325. 6. It has complied with or rvill comply with 49 U.S.C. g 5307(b) because:a. Ithas informed orwill inform the public ofthe amounts of its federal assistance available under this Program, b. It has developed or will develop, in consultation with interested parties including private transportation providers. its proposed Program of Projects for activities to be financed.c. It has published or rvill publish its proposed Program ofprojects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed projects and its performance as an Applicant, d. It has provided or will provide an opportunity for a public hearing to obtain the views of individuals on its proposed Program of Projects,e. lt has assured or will assure that its proposed program ofprojects provides for coordination ofpublic transportation services assisted under 49 U.S.C. $ 5336, as amended by the FAST Act, with federally assisted transportation services supported by other federal sources, 27 Page 37 of 12001-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES CATEGORY I4. URBANIZED AREA FORMTILA GRANTS PROGRAMS AND PASSENGER FERRY GRANT PROGRAM. Before FTA may provide federal assistance for an Av,ardfinanced under the Urbanized Area Formula Grants Program outhorized under 19 U.S.C. S 5307, as omended by the FAST Act, *,hich authorizes federal assistance for Job Access and Reverse Commute (JARC) octivities, and the Passenger Ferry Gtsnt Program authorized under 19 U.S.C. S 5307A), you must selecl the Certifications in Category 11, except as FTA cletermines othenrise in writing. Any provision of the Certifications in Category l1 that does not appb, will not be enforceel. 14.A. Urbanized Area Formula Grants Program under the FAST Act. Ifyour Applicant seeksfederal assistancefrom FTA for an Atvardfinanced under the Urbanized Area Formula Grants Program authorized under 49 U.S.C. S 5307, as amended by the FAST Act, the Certificalions in Category 11.A apply to your Applicant, except as FTA determines othenyise in wriling. The lbllowing Certifications for the Urbanized Area Formula Grants Program under 49 U.S.C. $ 5307, as amended by the FAST Act, are required by 49 U.S.C. g 5107(cXl). Therefore, except as FTA determines othen,ise in uriting. on behalfofyour Applicant, you certify that: I . It has or will have the legal. financial, and technical capacity to carry out its Alvard, including the safety and security aspects ofthat Award. 2. lt has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Au'ard. 01-17-17 TC Packet 28 Page 38 of 120 f. It has considered or will consider the comments and views received, especially those of private transportation providers. in preparing its final list of Projects, andg. It has made or will make the final list of Projects for rvhich an Award is sought available to the public. 7. With respect to the non-federal share: a. lt has or will have the amount offunds required for the non-federal share, b. lt will provide the non-federal share from sources approved by FTA, andc. It will provide the non-federal share when needed. 8. It *'ill comply with: a. The metropolitan transportation planning requirements of49 U.S.C. $ 5303, and b. The statewide and nonmetropolitan planning requirements of49 U.S.C. $ 5304. 9. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. lmplementing a major reduction ofpublic transportation service. 10. It rvillcomply with applicable regulations, guidance, and directives that implement the Public l-ransportation Safety Program provisions of49 U.S.C. li 5329(b)-(d), except as FTA delerm ines otherwise in writing. 3. It will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625,4. When using or involving a facility or equipment acquired or improved with federal assistance under 49 U.S.C. S 5307 during non-peak hours for transportation, it will charge a fare not exceeding fifty (50) percent ofthe peak hour fare to the following individuals: a. Any senior, b. Any individual rvho, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), is unable to use a public transportation service or a public transportation facility effectively without special fac ilities. planning. or design. c. Any individual presenting a Medicare card issued to that individual under title II ofthe Social Security Act (42 U.S.C. $ 401 at seg.). and d. Any individual presenting a Medicare card issued to that individual under title XVlll of the Social Security Act (42 U.S.C. $ 1395 al seq.). 5. When carrying out a procurement under 49 U.S.C. $ 5307, it will comply with: a. The applicable general provisions of49 U.S.C. $ 5323, and b. The applicable third party contract provisions of49 U.S.C. g 5325. 6. It has complied rvith or will comply with 49 U.S.C. g 5307(b) because: a. It has made or will make available to the public information on the amounts of federal assistance available to it under 49 U.S.C. $ 5307, b. It has developed or will develop, in consultation with interested parties including private transportation providers, its proposed Program of Projects lbr activities for which federal assistance is sought, c. It has published or will publish its proposed Program ofProjects in a way that affected individuals, private transportation providers. and local elected officials will have an opportunity to examine and submit comments on its proposed Program ofProjects and its performance as an Applicant or Recipient, d. It has provided or will provide an opportunity for a public hearing to obtain the views of individuals on its proposed Program of Projects, e. It has ensured or will ensure that its proposed Program ofProjects provides for coordination of transportation services financed by FTA under 49 U.S.C. $ 5336, as amended by the FAST Act, with transportation services supported by other Federal Govemment sources.f. It has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, andg. lt has made or will make its final Program of Projects available to the public.7. As required by 49 U.S.C. g 5307(d):a. It has or will have the amount offunds required for the non-federal share,b. lt will provide the non-federal share from sources approved by FTA, andc. It will provide the non-federal share when needed. 8. As required by 49 U.S.C. g 5307(c)(l)(H), it will comply with:a. The metropolitan transportation planning requirements of49 U.S.C. $ 5303, and 01-17-17 TC Packet 29 Page 39 of 120 FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURAn.CES b. The statewide and nonmetropolitan transportation planning requirements of49 U.S.C. { 5304. 9. As required by,49 U.S.C. $ 5307(c)(l)(l), it has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. lmplementing a major reduction of public transportation. 10. Each fiscal year: a. It willassure that at least one (l) percent of the amount offederal assistance under 49 U.S.C. g 5307 apportioned to its urbanized area must be expended for Public Transportation Security activities as described in 49 U.S.C. g 5307(c)( I )(J)(i) including: ( I ) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance ofan area in or adjacent to that system, (3) Emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other activity intended to increase the security and safety ofan existing or planned public transportation system, or b. The Designated Recipients in its urbanized area certify that such expenditures for Public Transportation Security actir ities are not necessary. I I . If it serves an urbanized area with a population of at least 200.000 individuals, as determined by the Bureau ofthe Census: a. It uill provide a report by the end ofthe fourth quarter ofthe preceding federal fiscal year that lists projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in 49 U.S.C. $ 5302, and b. The report of its Associated Transit Improvements or related activities is or will be incorporated by reference and made part of its Certifications and Assurances. 12. lt will comply with applicable regulations, guidance, and directives that implement the public Transportation Safety Program provisions of49 U.S.C. $ 5329(b)-(d), except as FTA determines otherwise in writing. 14.8. Passenger Ferry Grant Program. Ayour Applicanl seekfederal assistancefrom FTA for on Awardfinonced untler the passenger Ferry Grant Progrom authorizecl under 49 U.S.C. S 5307(h),as anended by the FAST Act, the Cerrifications in Category l1.B dpply to your Applicant, except as FTA derermines otherwise in h'riting. The follorving Certifications for the Passenger Ferry Grant Program are required by 49 U.S.C. $ 5307(c)(l) or (h). Therefore, except as FTA determines otherwise in rvriting, on behalfofyour Applicant. you certify that:l. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award.2. Ithasorwill have satisfactory continuing control overthe use of its equipment and facilities acquired or improved under its Arvard. 01-17-17 TC Packet l0 Page 40 of 120 FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES 3. It will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent rvith FTA regulations, "Transit Asset Management," 49 CFR parl625.4. When using or involving a facility or equipment acquired or improved with federalassistance under 49 U.S.C. $ 5307(h) during non-peak hours for transportation, it will charge a fare not exceeding fifty (50) percent of the peak hour fare to the following individuals: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or perrnanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), is unable to use a public transportation service or a public transportation facility effectively without special facilities, planning, or design,c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. $ 401 er seq.), and d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. $ 1395 et seq.). 5. When carrying out a procurement under 49 U.S.C. g 5307(h), it will comply with: a. The applicable general provisions of 49 U.S.C. g 5323, and b. The applicable third party contract provisions of 49 U.S.C. $ 5325. 6. As required by 49 U.S.C. $ 5307(d): a. It has or will have the amount of funds required for the non-federal share, b. It willprovide the non-federal share from sources approved by FTA, andc. It will provide the non-federal share rvhen needed. 7 . As required by 49 U.S.C. $ 5307(c)( I XH), it will comply with: a. The metropolitan transportation planning requirements of 49 U.S.C. $ 5303, andb. The statewide and nonmetropolitan transportation planning requirements of 49 U.S.C. $ 5304. 8. As required by 49 U.S.C. $ 5307(c)( IXI), it has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation service. 9. It will comply with applicable regulations. guidance, and directives that implement the Public Transportation Safety Program provisions of 49 U.S.C. $ 5329(b)-(d), except as FTA determines otherwise in writing. CATEGORY 15. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. Before FTA may provide federal assistance for an Awardfinanced under the Formula Grantsfor the Enhanced Mobility of Seniors and Individuals v,ith Disabilities Program authorized uncler 19 U.S.C. $ J3l4 as amended by the FAST Act, or the Pilot Program for Innovated Access and Mobility under Section 3006(b) of the FAST Act, yott must select the Certifications in Category 15, excepl as FTA determines otherwise in w,riting. Any provision of the Certifications in Category l5 that does not apply will not be enforced. 3l 01-1 7 -17 TC Packet Page 41 of 120 The following Certifications for the Formula Grants for the Enhanced Mobility of Seniors and lndividuals with Disabilities Program are required by 49 U.S.C. $ 5310. Therefore, exeept as FTA determines otherwise in rvriting. on behalfofyour Applicant, you cerlify that:a. Each Subrecipient is: ( l) A private nonprofit organization, or (2) A state or local govemmental authority that: (a) Is approved by a state to coordinate services for seniors and individuals with disabilities, or (b) Cenifies that there are no private nonprofit organizations readily available in the area to provide the services authorized for support under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities program. b. Your Applicant will comply with the following selection and planning requirements:(l) The Projects it has selected or will select for an Award or Subaward offederal assistance appropriated or made available under 49 U.S.C. $ 53 I0 are included in a public transit-human services transportation plan that has been: (a) Locally developed. and (b) Coordinated. (2) The public transit-human services transportation plan was developed and approved through a process that included participation by: (a) Seniors, (b) Individuals rvith disabilities, (c) Representatives ofpublic, private, and nonprofit transportation providers, (d) Representatives ofpublic, private, and nonprofit human services providers, and (e) Other members ofthe public. (3) Within its Award, the Projects selected to receive federal assistance will assist in providing transportation services for seniors and individuals with disabilities are included in its Program of Projects submitted to FTA annually. (4) To the maximum extent feasible, the services financed by 49 U.S.C. g 5310 will be coordinated with transportation services financed by other federal departments and agencies, including any transportation activiries carried out by a recipient offederal assistance from the Department of Health and Human Services. c. As required by 49 U.S.C. $ 531 0(e)(2)(B), it certifies that if it allocates federal assisrance received under 49 U.S.C. $ 53l0 to any Subrecipient, it will have allocated rhat federal assistance on a fair and equitable basis. d. It rvill not transfer a facility or equipment acquired or improved with federal assistance appropriated or made available for a grant under 49 U.S.C. $ 531 0 to any other recipient eligible to receive assistance under 49 U.S.C. chapter 53, unless: ( I ) The recipient possessing the facility or equipment consents to the transfer, and (2) The facility orequipment will continue to be used as required under49 U.S.C. $ s3 r0. e. As required by 49 U.S.C. $ 5310(bX2), it will use at least fifty-five (55) percent ofthe federal assistance it receives for Capital Projects to meet the special needs of seniors and individuals with disabilities. 01-17-17 TC Packet 32 Page 42 of 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES FTA FISCAL YEAR 20 I7 CERTIFICATIONS AND ASSURANCES L The requirements of 49 U.S.C. g 5307, as determined by FTA, will apply to the Formula Grants for the Enhanced Mobility ofSeniors and Individuals with Disabilities program authorized by 49 LI.S.C. $ 53 10. 2. FTA has determined that certain requirements of49 U.S.C. $ 5307 are appropriate for the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. some of which require Certifications. Therefore, as specified under 49 U.S.C. g 5307(cX l), your Applicant certifies that: a. It has or will have and will require each Subrecipient to have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. b. It has or llill have and will require each Subrecipient to have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Arvard or Suball,ard. c. It will maintain and u'ill require each Subrecipient to maintain its equipment and facilities acquired or improved under its Award or Subaward, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, ''Transit Asset Management," 49 CFR part 625. d. When canying out a procurement under lhe Formula Grants forthe Enhanced Mobility of Seniors and lndividuals with Disabilities Program, it will require each Subrecipient to comply with:(l) The applicable general provisions of49 U.S.C. $ 5323, and (2) The applicable third party contract provisions of49 U.S.C. $ 5325. e. With respect to the non-federal share:(l) Ithasorwill have and, as necessary, will require each Subrecipient to have the amount of funds required for the non-federal share, as required by 49 U.S.C. $ s3 10, (2) It will provide and, as necessary, will require each Subrecipient to provide the non- federal share from sources approved by FTA, and (3) It will provide and, as necessary, will require each Subrecipient to provide the non- federal share when needed.f. lt has complied or will comply and will require each Subrecipient to comply with:(l) The metropolitan transportation planning requirements of49 U.S.C. g 5303, and (2) The statewide and nonmetropolitan transportation planning requirements of 49 U.S.C. S 5304.g. To the extent applicable. it will and will require its Subrecipients to comply with applicable regulations, guidance, and directives that implement the Public Transportation Safety Program provisions of49 U.S.C. $ 5329(b)-(d), except as FTA determines otherwise in uriting. CATEGORY 16. RURAL AREAS AND APPALACHIAN DEVELOPI\{ENT PROGRAI\IS. 01-17-17 TC Packet Page 43 of 120 Before FTA may provide federal assistance for an Av'artlf nancecl under the Formula Gronls.for Rural Areas Program authorized under 49 U.S.C. S 5311(b), as ameruled by FAST Act, and the Appalachian Development Public Transportalion Assistance Program authorized under 33 ITA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES Any provision of the Certifcations ancl Assurances in Calegory l6 that does not apply will not be enforced. 16.A. Formula Grants for Rural Areas Program. The follorving Certifications apply to each state or state organization serving as your Applicant lor federal assistance appropriated or made available for the Rural Areas Formula Program financed under 49 U.S.C. $ 53 I l(b), as amended by FAST Act. On its behall you certify and assure that:L It has or rvill have and require each Subrecipient to have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. 2. It has or will have and require each Subrecipient to have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. 3. lt will maintain and require each Subrecipient to maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent rvith FTA regulations, "Transit Asset Managemenl." 49 CFR part 625. 4. It will and *'ill require each Subrecipient to comply \.\.ith applicable regulations and guidance that implement the Public Transportation Safety Program provisions of 49 U.S.C. $ 5329(b)-(d), except as FTA determines otherwise in writing. 5. lts state program has provided for a fair distribution offederal assistance appropriated or made available under 49 U.S.C. 6 531 l(b) within the state to eligible entities, including lndian reservations. 6. Its program provides or will provide the maximum feasible coordination offederal assistance for public transportation service authorized by 49 U.S.C. $ 53 I I (b) with transportation service financed by other federal sources. 7. lts Awards and Subawards in its Formula Grants for Rural Areas Program are included in: a. The statewide transponation improvement program, and b. To the extent applicable, a metropolitan transportation improvement program. 8. With respect to the non-federal share: a. It has or will have and, as necessary. will require each Subrecipient to have the amount of funds required for the non-federal share, as required by former 49 u.S.C. $ s3l l(g), b. lt will provide and. as necessary, will require each Subrecipient to provide the non-federal share from sources approved by FTA, and 01-17-17 TC Packet J+ Page 44 of 120 19 U-S.C. i 531 l(c)(2), os omended b' FAST, you must select the Certifcations in Category 16, cxcept us FTA delermines olhcru'ise in uriting. Ifyour Applicant seeksfederal assistance from FTA for an Awardfnanced under the Formula Grunlsfor Rural Areas Progrom aulhorizecl uncler 49 U..S. C $ 5J1l, as amended b1' F'AST Act, the Certilicolions in Category l6.A apply to your Applicant, except os FTA determines othentise in wrilihg. FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCf,S c. It will provide and, as necessary, will require each Subrecipient to provide the non-federal share when needed. 9. It ma),transfer a facility or equipment acquired or improved under its Award to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The Recipient possessing the facility or equipment consents to the transfer, andb. The facility or equipment will continue to be used as required under 49 U.S.C. $531r. 10. Each fiscal year: a. It will spend at least fifteen ( l5) percent of its federal assistance aulhorized under 49 U.S.C. g 531 I and available that fiscal year for eligible activities to develop and support intercity bus transportation within the state including:(l) Planning and marketing for intercity bus transportation, (2) Capital grants flor intercity bus facilities, (3) Joint-use lacilities. (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. It will provide to FTA a Certification from the govemor ofthe state that: ( I ) It has consulted with the affected intercity bus service providers about the intercity bus needs ofthe state, and (2) The state's intercity bus service needs are being met adequately. 16.8. Appalachian Development Public Transportation Assistancc Program. On behalfofyour Applicant, you certify and assure that, if it is unable to use its federat assistance made available or appropriated for public transportation operating assistance, in accordance with 49 U.S.C. S 531 l(cX2)(D), it may use the federal assistance for a Highway Project only after:l. It provides nolice and an opportunity for comment and appeal to affected public transportation providers, 2. lt approves such use in writing, and 3. In approving the use, it determines that local transit needs are being addressed.4. It complies or will comply, to the extent applicable, with the recipient's transit asset management plan consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625, and 5. It complies or will comply, to the extent applicable, rvith applicable regulations, guidance, and directives that implement the Public Transportation Safety Program provisions of49 U.S.C. g 5329(b)-(d), except as FTA determines otherwise in writing. 35 Page 45 of 120 Ifyour Applicant seeksfederal ossistancefrom FTA for an Award.financed under the Appalachion Developmenl Public Tronsportotion Assistance Program authorized under 49 U.S.C. ! 531 l (c)(2 ), the Certificutbns in Cotegory l6.B cpph' ro 1,our Applicant, cxcept os FTA determines othenvise in v'riling. 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES CATEGORY 17. TRIBAL TRANSIT PROGRAMS (PUBLTC TRANSPORTATION ON |NDTAN RESERVATIONS PROGRAMS). Be.fore FTA moy provide federal assistonce for an AxnrdJinanced under either lhe Public Transportotion on lndian Resenotion.s Formula or Discrelionary Program authorized under 19 U.S.C. I 5311(c)(1), as omended by the FAST Act, (Tribal Transit Programs), )'ou must select the Certifications in Category 17, except as FTA delermines othartrise in vriling. Ary provision ofthe Certifications in Cotegory l7 thot does not appll,vill not be enforced. FTA has established terms and conditions for Tribal Transit Program grants financed *,ith federal assistance appropriated or made available under 49 U.S.C. $ 53 I I (c)( I ). On behalf of your Applicant, you certify and assure that:l. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. 2. Ithasorwill have satisfactory conlinuing control overthe use of its equipment and facilities acquired or improved under its Award. 3. It will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625.4.Its Award will achieve maximum feasible coordination rvith transportation service financed by other federal sources. 4. With respect to its procurement system: a It rvill have a procurement system that complies with U.S. DOT regulations. "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 CFR part 1201, which incorporates by reference U.S. OMB regulatory guidance. "Uniform Administrative Requiremenls, Cost Principles, and Audit Requirements for Federal Awards." 2 CFR part 200, for Arvards made on or after December 26, 2014, It will have a procurement system that complies rvith U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments." 49 CFR part I8, specifically former 49 C FR $ I 8.36, for Awards made before December 26. 2014, or It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. comply rvith the Cenifications, Assurances, and Agreements in: Category 03.B and 03.C (Charter Service Agreement and School Bus Agreement). Category 05.8 (Bus Testing), Category 06 (Demand Responsive Service), Category 07 (lntelligent Transportation Systems), and Category l0 (Alcohol and Controlled Substances Testing). b C 5. lt will a. b c d e 01-17-17 TC Packet 36 Page 46 of 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES Before FTA ma1, provide federol assislance for an Av'ord.financed under the State Sufety Orersight Grant Progrom oulhorized under 49 U.S.C. $ 5329(e)(6), you must select the Cerlificalions in Category 18, except as FTA delermines olhenrise in rl,'riling. Any provision of the Certificotions in Calegory l8 that does not apply will not be enforced, Before FTA may provide federal assistunce for an Avardfinanced tmder the Public Transporlotion Emergency Relief Program authorized under 19 U.S.C. $ 5321, you nust select the Ce irtca ons in Category 19 , except as FTA delermines otheru,ise inwriting. Any provision ofthe Assurance in Category l9 that doe: not appll'v,ill not be enforced. 37 Page 47 of 120 CATEGORY I8. STATE SAFETY OVERSIGHT GRANT PROGRAM. On behalfofyour Applicant, you certify that: I . It has or rvill have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspecls of that Award. 2. lt has or will have satisl'actory continuing control over the use ofequipment and facilities acquired or improved under its Award. 3. lt will maintain its equipment and facilities acquired or improved under its Award in accordance with the Recipient's transit asset management plan and consistent with FTA regulations, "I'ransit Asset Management," 49 CFR part 625. 4. When carrying out a procurement under its Award, it will comply with: a. The applicable general provisions of49 U.S.C. g 5323, and b. The applicable third party contract provisions of49 U.S.C. $ 5325. 5. As required by 49 U.S.C. $ 5329(eX6)(C): a. It has orwillhavethe amount of lunds required for the non-federal share,b. It will provide the non-federal share only from sources approved by FTA, and will not be met by: ( I ) Any federal assistance, (2) Any funds received from a public transportation agency, or (3) Any revenues earned by a public transportation agency, and c. Will provide the non-federal share when needed. 6. Depending on how far the Recipient has progressed in developing a State Safety Oversight program fully compliant with 49 C.F.R. part 674, the following FTA regulations will apply: a. States With a Fully Compliant Program. The Recipient agrees that FTA regulations, "State Safety Oversight," 49 C.F.R. part 674, will apply when its Stare Safety Oversight program is fully compliant with FTA's requirements; b. States Without a Fully Compliant Program. The Recipient agrees that FTA regulations, "Rail Fixed Guidervay Systems: State Safety Oversight," 49 C.F.R. part 659, will continue to apply to those states that have not yet implemented a fully compliant Public Transportation Safety Program. CATEGOR}' I9. PUBLIC TRANSPORTATION EMERGINCY RELIEF PROGRANT. 01-17-17 TC Packet FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES As required by 49 U.S.C. $ 5324(d), on behalfofyour Applicant, you assure that it will:l. Comply with the requirements of the Certifications and Assurances as FTA determines will apply to an Applicant for federal assistance appropriated or made available for the Public Transportation Emergency Relief Program, and 2. Comply with FTA regulations. "Emergency Reliel" 49 C.F.R. part 602. CATEGORY 20. EXPEDITf,D PROJECT DELIVERY PILOT PROGRAM. Before FTA moy provide .federol assistunce for on Aword financed ttnder ihe Erpedited Projecl Deliwry Pilot Program outhorized under seclion 3005(b) of the FAST Act, you must select the (ertifications in Category 20, excepl as FTA delermines otherwise in writing. To the extent that any Certifrcotion in Category 20 cloes not apply, it v'ill not be enforced. CATEGORY 2I. INFRASTRUCTURE FINANCE PROGRAMS. Before FTA moy provide credit assislance for an Ay'ard lhot also is or v,ill be financed under the Transportorion Infrostructure Finance and Innovarion Act (TIFIA) Program suthorized under 23 U.S.C. SS 601 - 609, or the Stute lnlrastructure Banks (SIB) Program outhorized under 23 U.S.C. $ 610, you must select the Certifcations in Category 21. lf the Applicant does not receiye credit ossislance under the TIFIA or SIB progrons, the('erlificotions and Asswances in Category, 2l will not be enforced. 21.A. Transportation Infrastructure Finance and Innovation Act (TIFIA) program. If 1'our Applicant seek federal assistance from FTA for an Au'artl that olso is or v,ill be financetlunder the TIFIA Program authorizetl under 2J us. c $$ 60l - 609 the Certifications o"ndA_ssurances in Category 2l .A apply to ),our Applicant. In aclminisrering this i'rogram, the FASTAa't cross-ct ting requirements supersede inconsistent former requirements. 01-17-17 TC Packet 38 Page 48 of 120 As required by section 3005(b)(3XB) ol'the FAST Act, except as FTA determines otherw,ise in writing, on behalf of your Applicant, you certify that: l. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. 2. lthasorwill have satisfactory continuing control overtheuse of its equipment and facilities acquired or improved under its Award. 3. lt will maintain its equipment and facilities acquired or improved under its Award in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625.4. It rvill comply with: a. The metropolitan transportation planning requirements of49 U.S.C. $ 5303, and b. The statewide and nonmetropolitan transportation planning requirements of49 U.S.C. $ 5304. FTA FISCAL YEAR 2OI7 CERTITICATIONS AND ASSURANCES On behalfofyour Applicant. you certify and assure, as required by 49 U.S.C. $ 5323(o), that lederal transit laws. specifically 49 U.S.C. $ 5307,49 U.S.C. S 5309, and 49 U.S.C. g 5337. apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit assistance under 23 U.S.C. $$ 60r - 60e. I . To comply with 49 U.S.C. 95307, specifically 49 U.S.C. g 5307(cX I ), on your Applicant's behalf. you certify that: a. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Arvard. b. lt has or will have satisfactory continuing control over the use ofequipment and facilities acquired or improved under its A*'ard. c. lt will maintain its equipment and facilities acquired or improved under its Award, in accordance rvith the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625. d. For transportation during non-peak hours and using or involving a facility or equipment ofan Arvard financed using 49 U.S.C. S 5307 funds. it will charge a fare not exceeding fifty (50) percent ofthe peak hour fare to the following individuals:(l) Any senior, (2) Any individual who, because of illness, injury. age, congenital malfunction. or other incapacity or temporary or perrnanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability). is unable to use a public transportation service or a public transportation facility effectively without special facilities, planning. or design, (3) Any individual presenling a Medicare card issued to that individual under title ll of the Social Security Act (42 U.S.C. I401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual undertitleXVlll of the Social Security Act (42 U.S.C. $ 1395 et seq.). e. When carrying out a TlFlA-financed procurement, the Applicant will comply with:(l) The applicable provisions of49 U.S.C. $ 5323, and (2) The applicable provisions of49 U.S.C. $ 5325. f. It has complied with or will comply with 49 U.S.C. $ 5307(b). g. (l) It has or will have no more than 80 percent ofthe Total Award Budget as the sum of all federal grants and any TIFIA-financed awards, (2) It will provide the non-federal share from sources approved by FTA, and (3) It will provide the non-federal share when needed. h. lt will comply with: ( I ) The metropolitan transportation planning requirements of 49 U.S.C. $ 5303, and (2) The statewide and nonmetropolitan planning requirements of49 U.S.C. $ 5304. It has a locally developed process to solicit and consider public comment before:(l) Raising a fare, or (2) lmplementing a major reduction of public transportation. l. j. It s'ill comply with applicable regulations, guidance, and directives that implement the Public Transportation Safety Program provisions of49 U.S.C. g 5329(b)-(d), except as FTA determines otherwise in writing. 01-17-17 TC Packet 39 Page 49 of 120 FTA FTSCAL YEAR 20I7 CERTIFICATTONS AND ASSURANCES 2. To comply with the interest and financing costs restrictions of49 U.S.C. chapter 53. it agrees that it will not seek reimbursement for interest or any other financing costs incurred in connection with its Award that must be in compliance with those requirements unless:a. It is eligible to receive federal assistance for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require.3. It rvill comply with Title Vl of the Civil Rights Act of 1964 (42 U.S.C. g 2000d e/ seg.).4. Pursuant to the National Environmental Policy Ac1 of 1969 (NEPA),42 U.S.C. $ 5321 el seq., the Project will qualify for an environmental categorical exclusion or receive a finding ofno significant impact or a record ofdecision under NEPA before the Applicant undertakes activities for which it expects to receive federal assistance. 5. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. S 5326(d). On behalfofthe state Applicant for federal assistance for its SIB Program, you certify and assure that:l. ltwill comply u'ith the following applicable federal laws establishing the various SIB Programs since I 995: a. 23 U.S.C. Q 610, b. Section l5ll ofTEA-2|,23 U.S.C. $ l8l note, or c. Section 350 ofthe National Highway System Designation Act of 1995, as amended, 23 U.S.C. $ lEl. 2. lt \r.ill comply with or follow the Crant Agreement between it and FTA that provides federal assistance to the SlB, including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement. except that, unless FTA determines othenvise in writing. a provision ofthe FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. $ 6l0,asamendedbythe FASTAct, b. 23 U.S.C. $ 610 or its predecessor before the FAST Act was signed into law, c. Sectionl5llofTEA-21,23U.S.C.$lSlnote,orsection350oftheNational Highway System Designation Act of 1995, as amended,23 U.S.C. $ l8l note, d. Federal guidance pertaining to the SIB Program, e. The SIB Cooperative Agreement establishing the state's SIB Program, f. The Grant Agreement with FTA. 3. As required by 49 U.S.C. $ 5323(o), federal transit laws, specifically 49 U.S.C. $ 5307, 49 U.S.C. g 5309, and 49 U.S.C. $ 5337, as amended by the FAST Act, apply to any Award 40 Page 50 of 120 21.8. State Infrastructure Banks (SIB) Program, lf your Applicont is a slale ond seelcs federal assistancefrom FTA for a project that olso is or will be.financed tmder the SIB Program aulhorizetl under 23 U.S.C. $ 610, the Certifications and Assurances in Category 2 l.B apply lo your slole ond its Award, except os the Secretdry determines in writing. In administering this Program, lhe FAST Act cross-cutting requirements supe rsede incons is lenl for me r requ ire me nls. 01-17-17 TC Packet FTA T'ISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES 01-17-17 TC Packet 4l Page 51 of 120 under 49 U.S.C. chapter 53 that receives SIB support or financing under title 23, United States Code. 4. As required by 49 U.S.C. g 5323(o) and 49 U.S.C. g 5307(c)( | ):a. It has or will have the legal, financial, and technical capacity to carry our its Award, including the safety and security aspects of that Award. b. It has or will have satisfactory continuing control over the use ofequipment and facilities acquired or improved under its Award. c. It will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan and consistent with FTA regulations, "Transit Asset Management," 49 CFR part 625. d. When using or involving a facility or equipment acquired or improved u,ith federat assistance under a SIB-financed Arvard during non-peak hours for transportation, it r.r,ill charge a fare not exceeding fifty (50) percent of the peak hour fare to the following individuals:(l) Any senior, (2) Any individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a rvheelchair user or has semi-ambulatory capability), is unable to use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, (3) Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. $ 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual under title XVIII ofthe Social Security Act (42 U.S.C. $ l395erseg.). e. When carrying out a procurement under a SlB-financed Award, it willcomply with:(l) The applicable general provisions of49 U.S.C. $ 5323, and (2) The applicable third party contract provisions of49 U.S.C. $ 5325. f. It has complied rvith or will comply with 49 U.S.C. 6 5307(b). g. lt has or will have or provide: ( l) The amount of funds required for the non-federal share by the SIB Program, but not less lhan twenty-five (25) percent ofeach capitalization grant, (2) The non-federal share from sources approved by FTA, and (3) The non-federal share rvhen needed. h. It will comply with:(l) The metropolitan transportation planning requirements of49 U.S.C. $ 5303, and (2) The statewide and nonmetropolitan planning requirements of 49 U.S.C. $ 5304. i. lt has a locally developed process to solicit and consider public comment before:(l) Raising a fare, or (2) Implementing a major reduction ofpublic transportation.j. lt will comply with applicable regulations, guidance, and directives that implement the Public Transportation Safety Program provisions of $ 5329(b)-(d), except as FTA determines otherwise in rvriting. 5. As required by 49 U-S.C. chapter 53, it certifies that it will not seek reimbursement for interest or any other financing costs incurred in connection with its Award unless: a. It is eligible to receive federal assistance for those expenses, and FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, as Fl'A may require.6. It agrees that it will adopt a transit asset management plan that complies with FTA regulations, "Transit Asset Management," 49 CFR part 625. CATEGORY 22.PAUL S. SARBANES TRANSIT IN PARKS PROGRAM Any provision ofthe Certilications ancl Assurances in {'oregory 22 thot does not apply vill not be enforced. l. f:xcept as superseded by the FAST Act cross-cutting requirements, the following Certifications and Assurances for the Paul S. Sarbanes Transit in Parks Program (Parks Program) are required by former 49 U.S.C. $ 5320, in effect in FY 2012 or a previous fiscal year. Therefore, except as FTA determines otherwise in u,riting, on behalfofyour Applicant, you certify that: a. It rvill consult with the appropriate federal land management agency during the planning process, and b. The requirements of former 49 U.S.C. I 5307, as determined by FTA, will apply to the Parks Program authorized by former 49 U.S.C. $ 5320. 2. Fl'A has determined certain requirements of former 49 U.S.C. $ 5307 to be appropriate for the Parks Program, of which some require Certifications. Therefore, as specified under former 49 U.S.C. 5 5307(dXI). except as superseded by the FAST Act cross-cutting requirements that apply, you certify that your Applicant: a. Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects ofthat Award. b. Has or rvill have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Arvard. c. Will maintain its equipment and facilities acquired or improved under its Award. d. When carrying out a procurement under former 49 U.S.C. S 5320, it will comply and tvill require each Subrecipienl to comply with the following provisions:(l) Competitive procurement (as defined or approved by FTA) requirements of 49 U.S.C. $ 5325(a), (2) The prohibition against exclusionary or discriminalory specifications in its procurements under 49 U.S.C. $ 5323(h), (3) "Buy America" requirements under 49 U.S.C. S 5323(i), as amended by the FAST Act, and FTA regulations, "Buy America Requirements," 49 CFR part 661, (4) Applicable pre-alvard and post-delivery requirements of49 U.S.C. $ 5323(m), (5) Applicable railcar option restrictions of49 U.S.C. $ 5325(e), and (6) "Veterans Preference/Employment" requirements under 49 U.S.C. $ 5325(k). e. It willcomply with other applicable requirements under49 U.S.C. $ 5321 and $ 5325. 01-17-17 TC Packet 42 Page 52of 120 Beforc FTA mo1' provide federal ossistance for an Award financed ttnder the Paul S. Sarbanes Tron.sil in Parks Program authorizeel under former 19 US.C $JJ24 ineffectinFY20l2ora previous.fiscal yeor, except as supersecled by I-AST Act requirements, ),ou musl selecl lhe Certifications in Category 22, except as FTA determines otherwisc in writing. FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES L lt has complied or will comply rvith the requirements of former 49 U.S.C. 6 5307(c), and specifically: ( I ) It has made or ll,ill make available to the public information on the amounts available for the Parks Program, former 49 U.S.C. $ 5320, and the Projects it proposes to implement under its Award, (2) It has developed or willdevelop, in consultation rvith interested parties including private transportation providers, Projects to be financed under its Award, (3) It has published or rvill publish a list ofproposed Projects in a way that affected citizens, private transportation providers, and local elected olficials have the opportunity to examine the proposed Projects and submit comments on the proposed Projects and its performance, (4) It has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed Projects, (5) lt has considered or will consider the comments and viervs received, especially those ofprivate transportation providers, in preparing its final list ofProjects, and (6) Ithasmadeorwill makethe final list of Projects for which an Award issought available to the public. g. With respect to the non-federal share:(l) It has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the non-federal share, as required by 49 U.S.C. g 5320, (2) It rvill provide the non-federal share from sources approved by FTA, and (3) It will provide the non-federal share when needed. h. It has complied or will comply rvilh and will require each Subrecipient to comply rvith: (l) The metropolitan transportation planning requirements of49 U.S.C. g 5303, and (2) The statewide and nonmetropolitan planning requirements of 49 U.S.C. g 5304.i. It has a locally developed process to solicit and consider public comment before:(l) Raising a fare, or (2) Implementing a major reduction ofpublic transportation. CATEGORY 23. CONSTRUCTION HIRING PREFERENCES. Ary protision of the Certifications in Category 23 thot does not oppll,will nol be enforced. As provided by section 192 ofdivision L, title Iofthe Consolidated Appropriations Act,ZOl7, Public Lau'No. I l4-113, on behalfofyour Applicant, you certify that if, in connection with any third party contract for construction hiring financed under title 49 U.S.C, or title 23 U.S.C.. it uses a geographic, economic. or any other hiring preference not other*,ise authorized by law or prohibited under 2 CFR g 200.3 l9(b): 01-17-17 TC Packet Before FTA may provide federal assistance for a third parO, contract for constuction hiring .financed under tille 19 U.S.C. or tille 23 U.S.C. usinga geographic, economic, or anr- other hiring preference not otheru,ise authorizecl by federol lau. or regulation, you must selecl the Certifications in Category'23 on behalf of y,our Applicant, except as FTA determines othemyise in \vriting. 43 Page 53 of 120 FTA FISCAL YEAR 20I7 CERTIFICATIONS AND ASSURANCES l. Except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work thal the third part) contract requires resides in thejurisdiction lvhere the work will be perfbrmed., 2. lt will include appropriate provisions in its bid document ensuring that its third party contractor(s) do not displace any of its existing employees in order to satisfy such hiring preference, and 3. That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation lmprovement Program or Transportation Improvement Program. Selection and Signature Page(s) tbllow. 01-17-17 TC Packet 44 Page 54 of 120 FTA FISCAL YEAR 2OI7 Cf,RTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES FOR Ff,DERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signaturr.' pagss altenlative to providing Certilications and Assurances in 'l rAMS) Name of Applicant: The Applicrat ,grces to comply wilh applicable provisions of (Cetegorics 0l - 23. _ OR Thc Applicant agrces to comply tilh epplicablc provisions of thc Cetcgorics it has selectcd: Crteeorv Descrintion 01. Required Certifications and Assurances for Each Applicant. 02. Lobbying. 03. Procuremcnt and Procurement S]-stems. 01. Private Sector Protections. 05. Rolling Stock Reviess and Bus Testing. 06. Demand Responsive Sen'ice. 07. IntelligentTransportationSystems. 08. Intercst and Financing Costs and Acquisition olCapital Assets by Lease. 09. Transit Asset Management Plan. Public Transportation Safety Program, and State Safety Oversight Requiremenls. 10. Alcohol and Controlled Substances Testing. I l. Fixed Cuideway Capital lnvestmenl Grants Pmgram (New Stans, Small Starts. and Core Capac iry" I mp ro vement). 12. State of Good Repair Program. 13. Grants for Buses and Bus Facilities and Lorv or No Emission Vehicle Deployment Grant Programs. 14. Urbanized Area Formula Grants Prugrams and Passenger Ferry Crant Program. 15. Enhanced Mobilir]- of Seniors and lndividuals with Disabilities Programs. 16. Rural Areas and Appalachian Development Programs. 11 . Tribal Transit Programs (Public Transportation on lndian Reservations Pmgrams). 18. State Safety Oversight Grant Program. 19. Public Transportation Emergency Relief Program. 20. Expedited Project Delivery- Pilot Program. 21. InfrastructureFinancePrograms. 22. Paul S. Sarbanes Transit in Parks Program. 23. ConstructionHiringPreferences. 01-17-17 TC Packet 45 Page 55 of 120 FTA FISCAL YEAR 2OI7 CERTIFICATIONS AND ASSURANCES T'I]DI-RAL FISCAL }'EAR 20I7 F'TA CERTIFICATIONS AND ASSI:R..\NCES SIGNATTIRI] PAGT:(Required ol'all Applicants for federal assistance to be arvarded b1'FTA and all FTA Grantees rrith an active Chpital or I"ormula Au'ard) Al l lRll.\'l'lO)-. ()l .\PPLI('.\:\.-1' Name of the Applicant: Signature Date: Name and Relationship of the Authorized Representative: IIY SIGNINC BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply uith all federal larvs. regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federat Transit Administration (FTA) in lederal fiscal 1'ear 201 7. irrespective ofrvhether the individual that acted on his or her Applicant's behalfcontinues to represent it. FTA intends that the Certi[ications and Assurances the Applicant selects on the other side ofthis document should appll' to each Arvard for rvhich it norv seeks, or may later seek federal assislance to be a*arded during federal fiscal year 2017. 1-he Applicant affirms the truthfulness and accuracy ofthe Certit'ications and Assurances it has selected in the statements submitted rvith this document and anl other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act ol 1986, 3l U.S.C. $ 3E0l et seg., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies." 49 CFR part 31. apply to any certilication, assurance or submission made to FTA. The criminal provisions of l8 [J.S.C. $ l00l appll'to any certification, assurance, or submission made in connection rvith a federal public transgrrtation program authorized by 49 U.S.C. chapter 53 or an) other statute ln signing this document. I declare under penalties ofperjury that the foregoing Certifications and Assurances, and an1. other statenlents made b)'me on behalfolthe Applicant are true and accurate. Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For (Name of Applicant): As the undersigned Attomey for the above named Applicant. I hcreby aflirm lo the Applicant that it has authority under slate, local. or tribal govemment larv, as applicable, to make and comply rvith the Certifications and Assurances as indicated on the foregoing pages. I further aftirm that. in my opinion. the Cerrifications and Assurances have been legally made and conslitute legal and binding obligations on it. I lurther aflirm that. to the best of my knorvledge. there is no legislation or litigation pending or imminent that mighr adversely aflect the validitl'ofthese Certifications and Assurances. orofthe performance ofits FTA assisted Arvard. Datc: Attorney for Applicant Each Applicant for lederal assistonce lo be av'arded by FTA and each FTA Recipient with an active Capital or Formula Proiecl or,lward musl provide an AlJirmalion of Applicant's Attorney pertaining to lhe Applicant's legal capacitl'. The Applicant may enter its electonic signttture in lieu of tlrc Attornel.'s signoture within FTA's elecionic ovord and management system, provided the ,4pplicant lws onfile and uploaded to FTA's electronic at+,anl and manogemenl q'stem lhis hard-copy AfJirmation, signed by the attome)' and dated this federal fscal yar. 01-'f 7-17 TC Packet 46 Page 56 of 120 Nanrc TOWN COUNCIL COMMUNIQUE Meeting Date: January 17,2017 Agenda ltem: PUBLIC HEARING on: RESOLUTION 35. SERIES OF 2016 - POPE ANNEXATION A RESOLUTION SETTING FORTH THE TOWN COUNCIL'S FINDINGS OF FACT AND CONCLUSION REGAHDING THE ANNEXATION OF LOT 2, SECOND AMENDED PLAT OF THE GENTRY LOT SPLIT SUBDIVISION INTO THE TOWN OF SNOWMASS VILLAGE BY LOIS B. POPE REVOCABLE THUST DATED MARCH 29, 2OO7 AND EXTENDING THE TERM OF THE PRE- ANNEXATION AGREEMENT Presented By: John Dresser On August 25,2016 the Lois B. Pope Revocable Trust Dated March 29, 2007, (hereinafter "Petitioner") filed with the Town Clerk a Petition for Annexation. The Town Clerk and the Town Attorney have reviewed the Petition for Annexation and have determined that the Petition and the map are in substantial compliance with the provisions of the MunicipalAnnexation Act, as required by Section of 31-12-107 C.R.S General !nfo: On September 6, 2016 the Town Council, determined that the applicable parts of C.R.S. Sections 31-12-1 04 and 31- 12-105 have been met and determines that an election is "nof' required under C.R.S. Section 31-12-101(2) and il no fufther conditions are to be imposed, the Town Council may annex the area proposed by an Ordinance. Council then adopted Resolution No. 30, Series ot 2016 finding that the Petition for Annexation was in substantial compliance with the applicable statute. The next step is to conduct a Public Hearing to receive comment from any interested persoll. 01-17-17 TC Packet Page 57 of 120 When the Public Hearing is complete the Council may consider Resolution No. 35, Series of 2016 to make findings of fact and determine a conclusion regarding the need for an election on the Petition for Annexation. Adoption of this Resolution, concluding no election is required, permits the Council to proceed to later consider an Ordinance annexing the Property into the Town. ln addition TOSV entered into a Pre-annexation Agreement with the Applicant that by its terms will expire February 1, 2017. Applicant has provided an Amendment to the Pre- Annexation Agreement extending the time frame of the Agreement to February 1,2A18 which will allow a reasonable amount of time to conduct a concurrent Annexation review process at the same time as the Land- Use review process for the property. This Resolution is not the final action as to the Annexation. The Annexation will become effective after an Ordinance is adopted at second reading. Council Options:Council is requested to re-open the Public Hearing and accept any comments or testimony from any interested person. Council is then requested to consider adoption of Resolution No. 35, Series of 2016. Statf Recommendation:Open the Public Hearing, accept comments and testimony from any interested person, and adopt Resolution No. 35, Series of 2016 setting forth findings of fact and conclusions as well as extending the Pre-Annexation Agreement. 01-17-17 TC Packet Page 58 of 120 I 2 3 4 5 6 7 8 9 IO 1l 12 l3 14 l5 t6 t'l t8 r9 20 2t 22 24 25 26 2',1 28 29 30 3l 32 33 34 35 36 37 38 39 40 4l 42 41 44 45 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO, 35 SER]ES OF 2016 A RESOLUTION SEfiING FOHTH THE TOWN COUNCIL'S FINDINGS OF FACT AND CONCLUSION REGARDING THE ANNEXATION OF LOT 2, SECOND AMENDED PLAT OF THE GENTRY LOT SPLIT SUBDIVISION INTO THE TOWN OF SNOWMASS VILLAGE BY LOIS B. POPE REVOCABLE TRUST DATED MARCH 29, 2OO7 AND EXTENDING THE TERM OF THE PRE.ANNEXATION AGREEMENT WHEREAS, on August 25,2016 the Lois B. Pope Flevocable Trust Dated March 29, 2007, (hereinafter "Petitioner") filed with lhe Town Clerk a Petilion for Annexation of unincorporated tracts of land situate in the County of Pitkin, State of Colorado, as more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and WHEREAS, the Town Council has reviewed the Petition for Annexation and the annexation map attached to the Petition and pursuant to Resolution No. 30, Series of 2016 has determined that the Petition and the map are in substantial compliance with the provisions of the Municipal Annexation Act, as required by Section 31-12-107 C.R.S.; and WHEREAS, the Town Council commenced a Public Hearing on October 17, 2016 to accept and consider public comment and completed the Public Hearing on January 17, 2017; and WHEREAS, the Town Council considered the request to extend the term of the Pre-Annexalion Agreement belween the applicant and the Town to allow a reasonable amount of time lo conduct concurrent annexation proceedings as well as a Land-Use review process. NOW, THEREFORE, BE lT RESOLVED by the Town Council ol the Town of Snowmass Village, Colorado as follows: 1. Findinos. Town Council makes the following findings: a) That the applicable provisions of section 30 of article ll ol the state constitution and sections 31-12-104 and 31-12-105 C.R.S. have been met. b) That an eleclion under section 30(1)(a) of article ll of the state constitution and section 31-12-107(2) C.R.S. is not required. Page 59 of 12001-17-17 TC Packet 48 49 50 5t 52 53 54 55 56 57 58 59 60 6t 46 47 imposed. c) That no additional terms or conditions are to be 2, Conclusion. Town Council concludes, based on the above findings that, pursuant to section 31-12-111 C.R.S., the area proposed to be annexed may be annexed by ordinance. 3. Authorization to Extend Terrn of Pre-Annexation Agreement. Town Council being duly advised in the premises, hereby authorizes the Town Manager to execute the 1st Amendment to the Pre-Annexation Aqreement Lot No. 2. Gentrv Lot Split as attached to this Resolution as Exhibit "B" on behalf of the Town. INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado, on January 17, 2017 upon a motion made by Council Memberseconded by Council Member and by a vote of _ in favor to _ opposed. TOWN OF SNOWMASS VILLAGE By Markey Butler, llayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 1 01-17-17 TC Packet Page 60 of 120 EXHIBIT "A" TOWN COUNCIL RESOLUTION NO, 35. SERIES OF 2016 RTYPROPE DESCBIPTION LOT 2, Second Amended Plat of the Gentry Lot Split Subdivision, according to the Second Amended Plat of the Gentry Lot Split Subdivision recorded November ll, 1998 in Plat Book 47 at Page 59. 01-17-17 TC Packet Page 61 of 120 EXHIBIT .,B" TOWN COUNCIL RESOLUTION NO.35, SERIES OF 2016 1st AMENDMENT TO PREANNEXATION AGREEMENT LOT NO, 2, GENTRY LOT SPL]T THIS lst AMENDMENT (the '1"t Amendment") is made and entered into by and between the Town of Snowmass Village, a Colorado municipal corporation (the "Town") and Lois B. Pope Revocable Trust dated March 29, 2007 (the "Petitionef'). WITNESSETH: WHEREAS, Petitioner is the sole owner of the real property consisting of approximately two hundred (200) acres situated in the Pilkin County Colorado as more particularly described as f ollows: LOT 2, Second Amended Plat of the Gentry Lot Split Subdivision, according to lhe Second Amended Plat oJ the Gentry Lot Split Subdivision recorded November ll, 1998 in Plat Book 47 at Page 59, (the "Property"); and WHEREAS, the Town Council of the Town adopted Resolution No. 26, Series of 2016 authorizing the Town Manger to enter into a Preannexation Agreement concerning the annexation of the Property into the Town; and WHEREAS, Petitioner and the Town desire to annex the Property into the Town on the express condition that all of the terms and conditions of the Preannexation Agreement are met; and WHEREAS, the Preannexation Agreement is scheduled to expire on February 1, 2017; and WHEREAS, Petitioner and the Town desire to extend the expiration date of the Preannexation Agreement; and WHEREAS, the Town, as a municipality of the State of Colorado, is authorized to enter into this Agreement pursuant to the Act and Section 1.4 of the Town Home Rule Charter. NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties agree as follows: Page 62 of 12001-17-17 TC Packet 1. Amendment. and restated as follows: Section No. 5 of the Preannexation Agreement is amended '5. ln the event that by February 1 , 2018, or such later date as may be mutually agreed upon by the parties hereto, the Town Council does not approve the Application with terms and conditions consistent with this Agreement and other conditions reasonably acceptable to Petitioner, this Agreement shall be deemed null and void." 2. Full Force and Effect. Except as specifically amended by this 1st Amendment, the Preannexation Agreement shall remain unchanged and in fullforce and effect. 3. Effective Date. This 1st Amendment shall become effective following execution by Petitioner and upon approval by the Town Council of the Town evidenced by a duly approved resolution and by the execution of the authorized signatory. lN WITNESS WHEREOF, the Town has caused this 1't Amendment to be signed by its Town Manager as authorized by Resolution No. 35, Series of 2016 and Petitioner has caused this 1st Amendment to be signed by its Trustee. Town of Snowmass Village, a home rule municipal corporation Lois B. Pope Revocable Trust dated March 29,2007 By: Clinton M. Kinney, Town Manager Dated on January _,2017. Lois B. Pope, Trustee Dated on January *,2017. By: TOWN ACKNOWLEDGMENT STATE OF COLORADO COUNTY OF PITKIN The foregoing Preannexation Agreement was acknowledged before me on January -,2017, by Clinton M. Kinney as Town Manager of the Town of Snowmass Village, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public SS. ) ) ) 01-17-17 TC Packet Page 63 of 120 lst AITiIENDMENT TO PREANNEXATION AGREEMENT FOR LOT NO. 2, cENTRy LOT Spl-rr Page f PETITION ER ACKNOWLEDGMENT STATE OF FLOHIDA couNTY oF --The foregoing 1sr Amendment to Preannexation Agreement was acknowledged before me on January _, 2017, by Lois B. Pope as Trustee of the Lois B. pope Revocable Trust dated March 29,2A07. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public ss. ) ) ) 01-1 7 -17 TC Packet Page 64 of 120 PREANN EXATION AGREEM ENT LOT NO. 2, GENTRY LOT SPLIT THIS PREANNEXATION AGREEMENT (the "Agreement") is made and entered into by and between the Town of Snowmass Village, a Colorado municipal corporation (the "Town") and Lois B. Pope Revocable Trust dated March 29,2007 (the "Petitionef). WITNESSETH: WHEREAS, Petitioner is the sole owner of the real property consisting of approximately two hundred (200) acres situated in the Pitkin County Colorado as more particularly described as follows: LOT 2, Second Amended Plat of the Gentry Lot Split Subdivision, according to the Second Amended Plat of the Gentry Lot Split Subdivision recorded November 11, 1998 in Plat Book 47 at Page 59, (the "Property"); and WHEREAS, the boundary of the Property is more than one sixth (1/6) contiguous with the existing Town boundaries and is otherwise eligible to be annexed into the municipal boundaries of the Town in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C,R.S. Sections 31-12-101, et seo. (the "Act"); and WHEREAS, the Property has already been subjected to extensive land use review by Pitkin County resulting in an approval for a single family residence; and WHEREAS, Petitioner and the Town desire to annex the Property into the Town on the express condition that all of the terms and conditions of this Agreement are met; and WHEREAS, Petitioner desires to submit for consideration a Development Plan and Application, as both described herein, to the Town's Community Development Department (the "Department") for processing pursuant to the Town of Snowmass Village MunicipalCode (the "Code"); and WHEREAS, Petitioner and the Town desire to condition the annexation proposed herein on the granting of all requisite land use approvals, following public input and comment, consistent with the Code; and WHEREAS, the Town, as a municipality of the State of Colorado, is authorized to enter into tris Agreement pursuant to the Act and Section 1.4 of the Town Home Rule Charter; and WHEREAS, Petitioner is, in accordance with the Act is propared to submit a Petition for Annexation in a form substantially the same as Exhibit "A" attached hereto (the "Petition"). 01-17-17 TC Packet Page 65 of 120 PREANNEXATION AGREEMENT FOR tOT NO, 2, GENTRY LOT SPI.IT Page 2 NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties agree as follows: DEVELOPMENT PLAN 1. Development Plan. The following Development Plan (the "Development Plan") constitutes the desired result of the granting of all requisite land use approvals as it sets forth the best land use for the Property and is in the best interest of the Town. The Development Plan shall provide lor a continuation of the County Approvals, as described herein, and as modified as follows: A principaldwelling unit, a delached or attached caretaker unit, and a guest house dwelling unit are authorized on the Property. Home occupations, as perrnitted in the Code are allowed. Owners are not required to rent out caretaker units but if an owner elects to rent out the caretaker unit, the rental shall be to a person selected by the owner who otherwise qualifies under the provisions of the Code, as adopted from time to time, that are applicable to the rental of caretaker units. Caretaker units shall be registered in accordance with the Code. c.Other than the accessory uses described below, totalfloor area allowed on shall be capped at fitteen thousand (15,000) square feet of floor area, of which up to two thousand five hundred (2,500) square feet can be applied to the guest house and up to one thousand five hundred (1,500) sguare feet can be applied to the caretaker unit. "Floor area" shall mean the sum of the gross horizontal surfaces of each floor of a building or structure calculated in accordance the Code. Accessory structures and uses shall mean subordinate non-habitable buildings (excluding portions of which may contain a caretaker unit)or uses incidental to ranch type operations or the principal uses of the Property. Accessory uses and structures shall include, but not be limited to, barns, sheds, huts, gazebos, shelters, decks, terraces, stables, kennels, storage or equipment buildings, garages, satellite dishes, outdoor recreation uses such as swimming pools, ponds, tennis courts, riding rings and trails, grazing of horses, agricultural uses, and no more than one "back country" type recreation hut. None of the accessory structures shall be subject to floor area limits, except barns shall not exceed 3,000 square feet of ground coverage or a total of 6,000 square feet. lndoor riding arenas shall not exceed 15,000 square feet of ground coverage. Accessory structures or a b. d. 01-1 7 -17 TC Packet Page 66 of 120 PREANNEXATION ACREEMSNT FOR LOT NO. 2, GENTRY LOT SPLTT Pege l e. f uses in addition to those specified above, shall be approved by the Comrnunig Development Director provided that they are similar in nature to the above listed uses without further review. The existing Development Activity Envelope and driveway shown on the Second Amended Final Plat of the Gentry Lot Split Subdivision shall be approved without the necessity of further review, referrals or hearings. Pursuant to 24-68-101 et. seo. C.R.S. and in accordance with Section 16A-5-90 of the Code, the Town hereby approves the vesting in Petitioner the zoning, development rights and land uses set forth herein for a period of tweng (20) years from the date of final approval of the annexation. g. Dogs shall be permanently allowed subject to the following restrictions: No more than two (2) dogs shall be allowed. Dogs must be maintained inside residences or within escape proof kennels constructed inside the Development Activity Envelope. The term "escape proof kennels" shall extend to electric containment systems, which shall enclose an area of no more than three (3) acres. Owners may take dogs outside kennels or residence provided that a leash is used at all times to keep the dog under positive control. Under no circumstances may dogs be allowed to run at large or harass wildlife. Notwithstanding any of the preceding, dogs may be prohibited temporarily or seasonally from any area of the Property other than the Development Activity Envelope in furtherance of the Town's Wldlife Management Policies. Workers at the Property, as well as guests, employees or caretakers of owners are all strictly prohibited from bringing any dogs onto the Property. il.The Applicant shall grant to the Town a license to enter upon the Property to enforce any of the restrictions set forth herein with respect to dogs. Enforcement on the part of the Town may include the capture or destruction of any dogs running at large. Owners of dogs running at large shall upon demand reimburse the Town for all costs incurred in the capture or destruction of such dogs. The following wildfire and fire protection measures shallbe incorporated for all improvements on the Property: i. Roofs on primary residences will be made of fire-retarding materials. ii. Chimneys will be equipped with approved spark arresters. i. h 01-1 7 -17 TC Packet Page 67 of 120 PREANNFXATION AGREEMENT FOB LOT NO. 2, GENTRY LOT SPLIT Pagc 4 Firewood will be stored uphill from structures and surrounded by a zone ten feet (10') wide that is devoid of combustible material. Structures will be surrounded by a zone ten feet (10') wide that is substantially devoid of major trees, shrubs, weeds and tall grass that are considered high in fuel content. Clumps of shrubs and clusters of trees without ladder fuel will be permitted within this zone. Parking areas will be kept free of tall grasses and other combustible ground vegetation. Within a thirty foot (30') wide zone around structures, existing trees and shrubs will be thinned to minimize fuel. Roofs shall be kept clear of debris. 2. The Applicant and the Town believe that the Development Plan is consistent with the Code, prior approvals granted by the Town for the Wildcat Ranch and Clear W Ranch, the County Approvals, and is in the best interest of the public health, safety and welfare, especially when considered together with the public benefits to be realized in the proposed annexation. 3. The Development Plan is a principle component of this Agreement. The development rights set forth in this Agreement shall be applied for by Petitioner to the Department pursuant to and consistent with the standards and procedures set forth in the Code. 4. No later than sixty (60) days following execution of this Agreement by the parties, Petitionerwill submit a land use application to the Department under the relevant provisions of the Code (the "Application"). lt is anticipated that the Application will include request to zone the Property to Estate Residential with a Planned Unit Development (PUD) overlay (EST/PUD). 5. ln the event that by February 1,2017, or such later date as may be mutually agreed upon by the parties hereto, the Town Council does not approve the Application with terms and conditions consistent with this Agreement and other conditions reasonably acceptable to Petitioner, this Agreement shall be deemed null and void. 6. Upon the Town's approval of the Application on terms acceptable to Petitioner and consistent with all elements of this Agreement, the annexation and zoning of the Proper$ shall be contemporaneously completed. iii. iv. v. vi. vii 01-1 7 -17 TC Packet Page 68 of 120 PR.EANNEXATION AGREEMENT FOR LOT NO, 2, CENTRY LOT SPtiT Pagc g ZONING & LAND USE FOR THE PROPERTY PROPOSED FOR ANNEXATION 7. Subject to all applicable processes and applovals, the Property at the time of annexation will be zoned Estate Residential ("EST"), as defined in the Code with a Planned Unit Development ('PUD') overlay with the intent that the Propefi has similar development entitlements as those permitted for parcels located in WiHcat Ranch and as identified in the Development Plan. 8. ln 1994, the Town annexed Wildcat Ranch pursuant to Ordinance No. 10, Series of 1994. With the Wildcat Ranch Approvals, the Town retained the prior Pitkin County Approvals in a modified form, rezoned Wildcat Ranch to PUD and adopted a site specific development pla n. 9. ln 2016, the Town annexed Clear W Ranch pursuant to Ordinance No. 5, Series of 20'13. As with Wildcat Ranch, the Town retained prior Pitkin County Approvals in a modifled form, rezoned Clear W Ranch to PUD and adopted a site specific development plan. 10. The Approvals granted by Pitkin County for the Property are as follows (the "County Approvals"): a. Planning and Zoning 1041 Hazard Revlew Approval as liled for record in the Otfice of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 310777; and General Submission approval of a Density Reduction Lot Split, 1041 Geologic, Wildlife, and Wildfire Environmental Hazard Area Review, and Caretaker Unit Review Approval as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 330296; and Final Plat Approval to the Gentry Density Reduction Lot Split as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 346657; and Subdivision Agreement and Declaration of Covenants for the Gentry Lot Split Subdivision as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 357209: and Gentry Lot Split Final Plat as flled for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 357208; and b c. d. e 01-17-17 TC Packet Page 69 of 120 PREANNEXATION AGREEMENT FOR LOTNO.2, GENTRY IOTSPITT Pagc 6 First Amended Final Plat of the Gentry Lot Spllt Subdivision as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 384221; and Addendum to Subdivision Agreement and Declaration of Covenants for the Gentry Lot Split Subdivision as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 395135; and Second Amended Final Plat of the Gentry Lot Split Subdivision as filed for record in the Office of the Clerk and Recorderof Pitkin County, Colorado as Reception No. 424381; and Scenic Overlay/Ridgeline Review Approval as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 443243; and j. Certiflcate of Occupancy issued May 3, 2002. The terms, conditions, and limitations of the County Approvals, except as modified as identified in the Development Plan, will be carried forward as terms of this Agreement and subsequent land use approvals to be granted by the Town. 11. The zoning of the Property to EST/PUD under the terms of the Development Plan is appropriate and consistent with previous actions of the Town and the County Approvals as well as with the Town's goal of responsible stewardship of the environment by avoiding habitat areas. NO FURTHER SUBDIVISION 12. After approval of the Application and completion of the annexation, no further subdivision of the Property shall be permitted. IMPACT OFFSET 13. Petitioner acknowledges that annexation to the Town will cause certain financial impacts, including, without limitation the need for police, and access to other services of the Town. Petitioner further acknowledges affordable housing mitigation is required by the Town. As a consequence thereof in order to mitigate or offset such impacts, Petitioner agrees to pay the Town at such time as the annexation shall be final and non-appealable the cash sum of Two Hundred Fifty Thousand Dollars ($250,000.00) to offset any financial impacts of the annexation of the Property. f. g h i. Page 70 of 12001-1 7 -17 TC Packet PREANNEXATION AGREEMENT FOR LOT NO, 2, GENTRY LOT SPTIT Pag:7 SCHEDULE FOR ANNEXATION 14. Upon execution by the parties of this Agreement, Petitioner shall, at its cost, prepal.e an Annexation map. 15. Petitioner has executed a Petition to Annex the Property, a true and accurate copy of which is attached hereto as Exhibit "A." Said Petition shallbe conditional upon the terms and conditions of this Agreement, c. Petitioner will prepare, at its cost, all requisite documents and applications necessary to annex the Property. d. Petitioner shall prepare and file, at its cost, the Application e. The Town shall initiate review of the Petition and the Application in accordance with the Code. f. Upon the granting of the requisite land use approvals for the Application by the Town Council, evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property) that is consistent with the Development Plan, the Town shall annex the Property into the municipal boundaries of the Town. g. Petitioner and the Town shall execute at the conclusion of the Appeal Period (as deflned below) following the date of annexation, the recorded documents which incorporate the terms and conditlons of the Development Plan as finally approved by the issuance of a development order. The recorded documents shall include the Town's standard terms and conditions relating to plats, and other similar matters normally and routinely included in similar agreements, except to the extent that such matters are specifically addressed otherwise in this Agreement, the development order or the zoning for the Properly. DEVIATIONS FROM THE TOWN CODE 16. Access to the Property is via Hidden Meadow Drive and Ridge of Wldcat Drive, both roads are privately maintained for which Petitioner pays an annual maintenance fee. No dedication of a public road or right of way will be made by Petitioner. 17. The Property is exempt from Ridgeline Protection and Scenic Review as it is not visible from Snowmass Creek Road or any other road in the Town's or County's jurisdiction, including but not limited to, Brush Creek Road, Owl Creek Road and the Town Communi$ Park. 01-1 7 -17 TC Packet Page 71 of 120 PRNANNEilTION AGREEMENT FOR tOT NO. 2. GENTRY LOT SPITT Pegc I 18. The County Approvals adequately addressed wildlife irnpacts of the development and no further Wildlife Habitat Review is required. 19. The Town agrees to adopt the County Approvals. lt is recognized and acknowledged that the area of the Development Activity Envelope exceeds the 2-acre limitation for an activity envelope in the EST Zone District. 20. The Town agrees that, due to the size of the Property, allowing the Development Activity Envelope size and developrnent of the Property consistent with the terms of the Development Plan is appropriate. 21. Petitioner is requesting waivers from the Minor PUD Application Submittal Requirements pursuant to Section 16A-5-340 of the Code, as follows: Architectural Plans. The Property is curently developed with a single family residence. No architectural plans are required. Landscaping Plan. The County Approvals analyzed landscaping and open space and further review is not required. Fiscal lmpact Report. There will be no significant fiscal impacts placed upon the Town as a result of annexation of the Property. Additionally, the County Approvals analyzed fiscal impacts, impact fees were paid, and further review is not required. Energy Conservation. The County Approvals analyzed energy conservation and further review is not required. Open Space Map. The County Approvals analyzed open space and established a development activity envelope. No further review is required. Association Documents. Covenants, Conditions and Restrictions currently encurnber the Gentry Lot Split Subdivision and the Property as filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 424479. The County Approvals also created certain covenants. No further review is required. Water Supply and Sewage Disposal. The County Approvals analyzed necessary facilities for potable water and sanitary sewer. Potable water and sanitary sewer facilities are installed and operational. Additionally, a raw water irrigation system is installed and operational. No further review is required. a b c. d e. t. g. 01-17-17 TC Packet Page 72 of 120 PREANNEXATION AGREEMENT FOR LOT NO. 2, GENTRY LOT SPIIT Prge 9 Clearing, Grading and Drainage Plans. The County Approvals analyzed natural hazard areas and the site speclfic development of the single family residence on the Property. No further review is not required. Transportation lmpact. The County Approvals analyzed transportation impacts and an impact fee was paid to the Town. The Town also reviewed and approved access to the Property by Resolution No. 37, Series of 1989. Further review is not required. Air Quality. The County Approvals analyzed air quality and further review is not required. The impact of the Property is no greater than any other single family residence in the EST zone district. k.Geologic Report. The County Approvals analyzed natural resource areas and geological issues, and further review is not required. Wildlife Habitat Analysis. The County Approves analyzed wildlife habitat and further review is not required. m.Construction Management Plan. The County Approvals satisfy the need for a Construction Management Plan as the Property is improved with a single family residence and the access driveway has been installed. Adequate Public Facilities. The Coun$ Approvals analyzed the impact upon public facilities and further review is not required. VESTED RIGHTS 22. All the Town's land use approvals recelved by Petitioner shall vest for twenty (20) years for the date of final annexation approval, or such longer time as may be allowed under any applicable law, regulation or court decision. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and, as a condition of the annexation of the Property, the parties shall enter into a development agreement that sets forth the requisite findings to support this period of vested rights in accordance with 24-68-104(2), C.R.S. TOWN'S OBLIGATION WITH RESPECT TO ANNEXATION 23. The Town agrees to annex the provided all of the tenns and conditions of this Agreement are met. The parties acknowledge that annexation and zoning are subject to the plenary legislative discretion of the Town Council and that certain rights of referendum and initiative are reseryed unto its citizens. Notwithstanding any language h i, j, n 01-17 -17 TC Packet Page 73 of 120 PREANNEO{TION AGREEMEI.fT FOR tOT NO, 2, GENTNY LOTSPLIT Prge l0 to the contrary contained in this Agreement, no assurances of annexation or zoning have been made or relied upon by Petitioner. MISCELLANEOUS 24. Waiver. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either pafi. 25. Binding Effect. The parties hereto agree that this Agreement, by its terms, shall be binding upon the parties hereto, their successors, and assigns, and unless terminated prior to the completion of the annexation of the Property, shall constitute Covenants running with the Property. ln the event that the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth hi this Agreement. 20. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation. This Agreement is intended to provide a contractual relationship between the Town and Petitioner to ensure compliance with all rights and requirements contained herein. ln addition to any other available remedies, it is understood and agreed that the Town may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy for the Property in the event of a breach of this Agreement by Petitioner. The prevailing party in any litigation between Petitioner and the Town concerning this Agreement shall be entitled to an award of its attorney fees and costs. 27. Additional Documents. The parties agree to execute any additional documenls or take any additional action that is necessary to carry out this Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 29. Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to deflne, limit or describe the scope or intent of this Agreement. 30. lntegration/Amendment. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. 31, lnvalidation. lnvalidation of any of the provisions of this Agreement or any 01-17-17 TC Packet Page 74 of 120 PREANNEHTION AGREEMENT TOR LOT NO, 2, GSNTRY LOT SPIIT Pagt 1l paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Petitioner, Petitioner may elect to terminate this Agreement and render it null and void. 32. Annexation. Subject to the conditions hereof, in the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the Town, its offlcials, or employees pursuant to the provisions of the Act, or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the Property, or the approval of the Development Plan as contemplated by this Agreement, the Town shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects Petitione/s rights hereunder or under any development approvals contemplated hereby, shall be entered into without Petitione/s written consent The Town's defense of any such action(s) shall also include the vigorous defense, at its sole cost of the interests of Petitioner. lf, by reason of such suit, this Agreement is found to be void or unenforceable, then as between the Town and Petitioner, this Agreement shall become null and void, and if at such time the annexation of the Property to be annexed has already occurred, the Town shall, upon a petition for de-annexation submitted by Petitioner, approve the de-annexation. 33. Appeal Period. Any time period established by this Agreement upon a party to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the Town or the time permitted for the initiation of an initiative or referendum challenge. lf the annexation of the Property, any requisite land use approval, or any action required by the Town is challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election or court proceeding (including any appeals). lf the referendum, initiative, or court challenge results in disconnection of the Property from the Town, then this Agreement shall be null and void and of no further effect. lf the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other agreements made in connection therewith. 34. Effective Date. This Agreement shall become etfective following execution by Petitioner and upon approval by the Town Council of the Town evidenced by a duly approved resolution and by the execution of the authorized signatory. 01-17 -17 TC Packet Page 75 of 120 PREANNEXA"ION AGREEMENT FOR LOT NO. A GENTRY LOT SPLTT Pagc !2 lN WITNESS WHEREOF, the Town has caused this Preannexation Agreement to be signed by its Town Manager as authorized by Resolution No. 26, Series of 2016 and Petitioner has caused this Agreement to be signed by its Trustee. Town ol Snowmass Village, a home rule Lois B. Pope Revocable Trust dated March 29,2AA7municipal g By: nton M. Kinney Manager Lois B. Pope, Dated on August !, zOrc Dated on August4,2016. TOWN ACKNOWLEDGMENT STATEOFCOLORADO ) )ss. couNTY oF P|TKTN ) . The foregoing Preannexation Agreement was acknowledged before me on August 31, 20'16, by Clinton M. Kinney as Town Manager of the Town of Snowmass Village, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. commission {- l}- r8 -s.< .^t-^ -!Peo/.--Notary Public- BARBARA PECKI.ER NOTARYPUBLIC STATEOFCOLORADO NOTARY tD #2000401 49it8 Cornmlsslon Erplrs!17,2018 01-17-17 TC Packet Page 76 of 120 PRIANNIXi'I'ION rICR[[II INT FOR LOT NO 2. GEI.TTRY LOTSPLIT P.Ec 13 PETITIONER ACKNOWLEDGMENT srArE oF f42Pa ) couNry ""&iKo l" I n The foregoing Preannexation Agreement was acknowledged L v ,2016, by Lois B. Pope as Trustee ofthe Lois B. Pope Revocable 29,2007. ffi'J:?.: JI J#?iiD8ffi ?ir "iff 20 r q Arorrl before me on'g$r) Trust dated March d rcr.Mari< Flc',r .;F Wpd! Public Iobry ftOIc - 8li. ol tloddr Commrs$ofi , rI 928528 H, oonm. trrlrs tJ, I .'t 701i T,rlllIAT 01-17-17 TC Packet Page 77 of 120 ExHlBlr nA" to Preannexation Agreementfor Lot No.2, Gentry Lot $plit PETITION FOR ANNEXATION THE PETITIONER, Lois B. Pope Revocable Trust dated March 2g, 2007 (the "Petitioner") hereby petitions the Town of Snowmass Village, Colorado (the "Town') toannex the real property located in unincorporated Pitkin County, Colorado as moreparticularly described as follows: Lor 2, second Amended Plat of the Gentry Lot split subdivision, according to the Second Amended Plat of the Gentry Lot Split Subdivision recorded November 11, 1998 in Plat Book 47 at Page Eg, and as shown on the Annexation Map, attached hereto (the "Property"). ln support of this Petition, Petitioner states as follows: 1. lt is desirable and necessary that the Property be annexed into the Town 2. follows: follows The requirements of section 31-12-1a4, c.R.s. exist or have been met, as a Not less than one-sixth (1/6) of the perimeter of the property is contiguous with the Town; and A community of interest exists between the Property and the Town as ingress and egress to the Property is through the Town; and The Property is urbanized as a single family home has been constructed; and d. The Property is capable of being integrated into the Town 3. The requirements of section 31-12-105, c.R.s. exist or have been met, as Petitioner is the fee simple owner of the Property; and Petitioner is seeking annexation of the Property into the Town; and The Property is not the subject of any other annexation proceedings; and The annexation of the Property into the Town wilr not result in its detachment from any school district; and The annexation of the Property will not have the effect of extending b. c cr. b. c. d. e. 01-17-17 TC Packet Page 78 of 120 PEIITION TOR ANNEXATION Lois B. Popc Rcvocablc Trust dstcd March 29. 2007, Petitioncr Pagc 2 the municipal boundary of the Town greater than three miles from any point on the contiguous municipal boundary. 4. Petitioner is the one hundred percent (100%) fee simple owner of the Property that is proposed to be annexed and therefore an annexation election is not required. 5. Petitioner requests that an Annexation lrnpact Report required by Section 31-12-108.5, C.R.S, be waived by the Town and the Board of County Commissioners of Pitkin County as the major components of the Report will be answered as "none,n 6. Petitioner requests lhe Town approve the annexation of the Property andthe notarized acknowledgment of execution hereof by Petitioner who is also the Circulator hereof satisfies the affidavit requirements of 31-12-107(1)(c)(lX). 7. The mailing address of Petitioner and owner of the proposed area of annexation is: Lois B. Pope Revocable Trust dated March 29,2007 c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C Attn: Stephen R. Connor, Esq. 533 East Hopkins Avenue, Suite 201 Aspen, Colorado 8'1611 8. Attached to this Petition, as required by Section 31-12-107(1Xd) C.R.S., are four (4) copies of the Annexation Map containing the following information: A written legal description of the boundaries of the area proposed to be annexed; and a b A map showing the boundary of the area proposed to be annexed; and Within the annexation boundary map, the boundaries of platted property; and Next to the boundary of the area to be annexed, a drawing of the contiguous municipal boundary of the Town. c. d 01-17-17 TC Packet Page 79 of 120 PETITION FORANNHqTION Lois B. Popc ReyocableTrwt drtcd March 29, 2007r PeLitioner Pagc J lN WITNESS WHEREOF, Petitioner has caused its Trustee to execute this Petition for Annexation on August, _,2016. Lois B. Pope Revocable Trust dated March Zg,2OAT By Lois B. Pope, Trustee AFFIDAVIT OF CIRCULATOR Lois B. Pope being first duly sworn, states upon oath that she is the circulator of the foregoing Petition and knows of her own knowledge that the signature of Petitioner appearing on said Petition is the signature of the trustee of the entity whose name it purports to be. Dated on August _, 2016. Lois B. Pope STATE OF FLORIDA COUNTY OF The foregoing Petition for Annexation was acknowledged before me on August -,2016 by Lois B. Pope as Trustee of the Lois B. Pope Revocable Trust dated March 29,2AA7, the Petitioner, and the Affidavit of Circulator was subscribed and sworn to by Lois B. Pope. WITNESS MY HAND AND OFFiCIAL SEAL My commission expires: Notary Public ss. ) ) ) 01-17-17 TC Packet Page B0 of 120 Allen M. Levantin 320 Ridge of Wildcat Drive PO Box 5639 Snowmass Village, Colorado 81615 l4 SEPTEMBER 20! 6 CLINToN M. KINNEY TowN oF SNorvMASS VILLAGE PO Box 5olO SNowMAss VTLLAGE, CoLoRADo at6l5 DEAR CLINT, LOI6 POPE HAs PETITIONED SNOWMASS VILLAGIE TO ANNEX HER PROPERTY. THE PROPERTY THAT sHE OWNS IA RESTRICTEO BY PITXIN COUNTY ZONING TO NO FURTHER EXPANsION IN FAR. WE BELIEVE SHE WANTS TO BE ANNExEo INTo SNowMAss VILLAGE SINCE A FUTURE owNEF couLo EXPAND THE FAR BY soME SOOO ea FEET. IF ANNEXED IT ENHANCES HER OPPORTUNITY TO SELL THE PROPERTY \lYHlCH IS CURRENTLY ON THE MARXET. SNOWMASS's FEE FOR THE ANNEXATTON 16 $2EO,OOO AND rF THE pRopERTy ts soLD THEY wouLD BE REQU|RED To p^y A 196 TRANSFER TAx wHrcH rs ExpEcTED To EE rN THE NErct{BoRHooD oF $225,OOO. THE TowN WOULD AL6O GET ADOITIONAL TAX REVENUE FOR A NET REVENUE GAIN OF AEour $5OO,OOO. MRS. POPE'6 PROPERTY IS ACCEESED BY AN EASEMENT OF A PRIVATELY owNED RoAD, THE RIDGE oF WILDCAT DRIVE. RECENTLY THE CHIP ANo SEAL RoAD wAs RESURFACED AT A cosT rN ExcESs oF $2OO,OOO lN "HEBELTEF THAT N(, FURTHER MAJOR CONSTRUCTION WOULD OCCUR BASEO ON PITXIN COUNTY ZONING. WITH THIS PROPOSEO ANNEXATION WE r'RE VERY CONCERNEO THAT DAMAGE TO THE ROAD CAN OCGUR BECAUSE OF THE NEEO TO BRING IN HEAVY CONSTRUCTION EGIUIP'TtENT AND CEMENT TRUCKS. WE HAVE THANK6 FOR TAKTNG THE TIME TO MEET WITH ME TO DISCUSS OUR CONCERN WITH THE ANNEXATION OF THE LOIS POPE PROPERTY AT ISOO RIE,GE OF WILDCAT ORIVE. AS I MENTIONEO TO YOU WE ARE LOOKING FOR A \UIN.WIN. WIN SITUATION WHERE ALL THE PARTIES GO AWAY HAPPY. THE EITUATION AS I OUTLINEO TO YOU IS AS FOLLOvVS: 01-17-17 TC Packet Page 81 of 120 WHAT THE oTHER E PRoPERTIE6 oN THE RoAD ARE SEEKING Is soME MECHANI9M SO THAT lvE DON'T INCUR ANOTHEF MAJOR EXPENSE. YOU MIGHT RECALL THAT I SUGGESTED SOME }I,OROING IN THE ANNEXATION AGREEMENT OR THAT SOME MONEY EE PUT IN ESCROW TO INSURE THAT lvE OON'f HAVE To FIGHT WITH THE NEW OWNER OVER THE DAMAGEA. ONE CAN VISUALIZE THAT WE CAN GET INTO MAJOR OISAGREEMENTS ON WHO OR WHAT CAUSED THE ROAO OAMAGE AND THE LAST TH'NG ANY OF Ug \A,ANT IS A CO6TLY ANO TIME CONSUMING L.A,WSU IT. ENCOUNTED PROBLEMA IN THE PAST, PARTICUARLY IN THE STEEPER PORTIONs OF THE ROAD, OF tvHICH THERE ARE MANY. AS THINGS STAND NOW THE PROPOSE ANNEXATION IS A WIN FOR MRs. PopE, A wtN FoR SNowMAss VTLLAGE aNo a cosrly poTENTtAL Loss FOR THE OTHER FIVE HOMEOWNERS. I WOULD HOPE THAT THE TO$/N COUNCIL WILL SEE OUR CONCERN AND FIND A WAY TO MAKE IT A WIN-WIN.WIN FOR ALL OF THE CONCERNED PARTIE6. CLINT, THANKS FOR HEARING US OUT. SINcERELY, o/a'^; 01-17-17 TC Packet Page 82 of 120 Town of Snowmass Village Agenda lte m Summary DATE OF MEETING; Jan uary 17 , 2017 AGENDA ITEM: FIRST READING OF ORDINANCE NO. 03, SERIES OF 2017 - AN ORDINANCE AMENDING THE TEXT OF CHAPTER 16A, LAND USE AND DEVELOPMENT CODE, SECTION,I64-5-250 "ADMINISTRATIVE MODIFICATIONS' OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO CORRECT INCONGRUITIES IN CODIFICATION RESULTING FROM THE ADOPTION OF ORDINANCE NO. 4, SERIES OF 2013 AND ORDINANCE NO. 6, SERIES OF 2015. PRESENTED BY: Chase Anderson, Planner, Julie Ann Woods, Community Development Director BACKGROUND: Town Council Ordinance No. 4; Series of 2013 was adopted September g, 20'13 to amend the text of the land use and development code affecting Code section 164-5-250 Administrative Modifications, specific to making the submission requirements less onerous. Town Council Ordinance No. 6; Series of 2015 was adopted July 20, 201 5 to amend the text of the land use and development code affecting Code section 164-5-250 Administrative Modifications, specific to clarifying language related to 'setbacks' and 'building envelopes'. The two sequential codifications produced incongruities of text in the Administrative Modification section. lnadvertently, Ordinance No.6; Series of 2015 reverted some of the text back to predate the changes made in Ordinance No. 4; Series of 2013. This Ordinance No. 3; Series of 20'17 is put forth to correct the incongruities between the two Ordinances and result in a properly organized and indexed Municipal Code. FINANCIAL IMPACT: 01-17-17 TC Packet Page 83 of 120 Consideration of: There is no financial impact to the Town. However, the language reducing the burden of submission materials for the applicant will be reinstated into this land use and development code section, thus creating a less onerous and more efficient process for applicants. APPLICABILITY TO COUNCIL GOALS & OB]ECTIVES: The Town's development review process is intended to encourage efficient processing of applications. COUNCIL OPTIONS: 'l . Approve Ordinance on First Reading and continue public hearing to Second Reading; 2. Direct Staff to modify the recommended code amendment and continue the public hearing to Second Reading; or 3. Deny amendment to the land use code by not passing the ordinance on first reading. STAFF RECOMMENDATION: ln order to maintain a properly organized and indexed Municipal Code, Staff recommends Council approve on first reading Ordinance No. 3, Series of 20'17 and continue the public hearing to Second Reading on February 6,2017. ATTACHMENTS: (1 ) Ordinance No. 3; Series of 2017 with Exhibit "A" (2) Staff Report with redline and purple-line comparisons of prior Ordinances' language (3) Planning Commission Resolution No. 10; Series of 2016. 01-17-17 TC Packet Page 84 of 120 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO.3 SERIES OF 2017 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 16A, LAND USE AND DEVELOPMENT CODE, SECTION 16A.5-250 "ADMINISTRATIVE MODIFICATIONs" oF THE SNOWMASS VILLAGE MUNIC IPAL CODE TO CORRECT INCONGRUITIES IN CODIFICATION RESULTING FROM THE ADOPTION OF ORDINANCE NO. 4, SERIES OF 2013 AND ORDINANCE NO. 6, SERIES OF 2015. WHEREAS, the Town Council approved Ordinance No. 1, Series of 2010 onFebruary 22, 2010, thereby adopting the 20'10 To,vn of Snowmass Village Comprehensive Plan (the "Comprehensive Plan"), and WHEREAS, Chapte|10, Actions and lmplementation, of the Comprehensive Pbn summarlzed the actions and iTlplementations intended to inplement goals and policies found in the hdividual Comprehensive Plan chaptersi and WHEREAS, amendments to Chapter 16A of the Snowrnass Village Municipal Code ("Municipal Code") are necessary to implement certain action items identified within the Comprehensive Plan; and WHEREAS, staff has proposed additional amendments to Chapte|loA of the Municipal Code for consideration atthis time; and WHEREAS, the amendments contained h this Resolution are being processed underthe provisions of Section 16A-5-210 Anen&nerfs to text d Devebpnent Code of the Municipal Code; and WHEREAS, Town Council Ordinance No. 4; Series of 2013 was adopted September 9, 20'13 to amend the text of the land use and development code atfecting 1) Definitions; 2) Dimensional Limitations and FloorArea Measurement; 3) public Noticing; and 4) Admin jskative Modification Processing; and WHEREAS, Town Council Ordinance No. 6; Series of 2015 was adopted July 20, 2015 to amend the text of the land use and devetopment code affecting 1 ) Definitions; 2) Temporary Use, 3) Construction in Required Setbacks; 4) public Noticing; and 5) Administrative Modafications; and WHEREAS, when Ordinance No. 4, Series of 2013 and Ordinance No 6. Series of201swere codified by supplement to the Snowmass Village Municipal Code, language that wasamended by the earlier Ordinance reverled to the original language prior to the amendmenl when the later Ordinance was codified resulting in incongruities between the adopted amendments and the Code: and WHEREAS, the Planning Commission reviewed the proposed amendments on December 21, 2016, and formalazed their recommendations regarding those amendmentswith the approvar of Pranning commission Resorution No. 10; seriesbf 20l6withavoteof 6 to 0 of those members present recommending approval of the proposed amendments:and WHEREAS, the public hearing notice was published in the Snowmass Sun onDecember 28, 2016 for the Town councir meeting on January 17, 2017 to consider Townstaff and Planning commission recommendationi and receivld pubric comments; and 01-17-17 TC Packet 1 2 3 4 5 6 7 8 9 10 11 72 13 14 15 16 77 18 19 20 27 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Agenda Itenr Surnmary Attachnrent I Page 85 of 120 57 58 59 60 61 62 63 64 65 66 67 58 69 70 77 72 73 74 75 76 77 78 79 80 81 82 83 84 85 85 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 to7 108 109 110 111 WHEREAS, Town Council finds that amending the Code is necessary to eliminate the incongruities resulting from codification of the prior Ordinances and has determinedthat the amendments to the Municipal Code as hereinafter set forth are necessaryfor the publb health, safety and welfare. NOW, THEREFORE, BE lT ORDA|NED, by the To,vn Councit of the Town of Snowmass Village, as follows: Section One: That Section 16A-5-250 of the Snowmass Village Municipal Code is hereby amended to read as follows. The complete text of Section 16A-5-250 is set forth in Exhibit,,A,, which is attached to this Ordinance and incorporated herein. Section Two: Severability. lf any provision of the Ordinance is held invalid, the invalidity shall not affect any other provision or application of the Ordinance which can be given effect without the invalid provision, and, to this end, the provisions of the Ordinance are severable. INTRODUCED by the Town Council of the Town of Snowmass Village onFirst Reading on January 17,2017, upon a motion by Councit Member , the second of Council Member , and upon a vote of _ in favor and _ against READ, APPROVED, ADOPTED by the Town Councit of the Town of Snowmass Village on Second Reading on February 6,2017, upon a motion by Council Member , the second of Council Member _, and upon a vote of _ infavor and _ against. TOWN OF SNOWMASS VILLAGE Markey Butler, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVEDAS TO FORM: John Dresser, Jr., Town Attorney Attachments:Exhibit 'A'Section 16A-5-250. Administrative Modifications. 01-17-17 TC Packet Page 86 of 120 EXHIBIT A SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE 3-20I7 Final Laneuaee Sec. I 6A-5-250. Administrative modifications. (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a stafflevel or Planning Commission revierv procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumstances that arise prior to or during final design and actual construction. Activities that shall not be considered administrative include changes to the overall character ol the project, changes that substantially increase trip generation or the demand for public facilities and changes that are inconsistent with a condition or a representation of the project's original approval, or that require granting a further variation from that granted in the original approval. An administrative modification shall only be granted for the follorving tlpes ofactivities: ( I ) Setback. The intrusion of a building or an above-grade structure into a required setback by one ( I ) foot or less for new construction in a manner that exceeds the limitations established in Section l6A-3-200(b). Construction in Required Setbacks and Outside Designated Building Envelopes. (2) Floor area. An increase in the maximum allowable floor area ofa structure by no more than t$o percent (2%) or fifty (50) square feet, whichever is less. (3) Building height. An increase in a building's height by one ( I ) foot or less (4) Parking space size. A decrease in the size ofa required parking space by one (l) foot or less. (5) Crawl space or attic space. A crawl space or allic space that is greater than five and one- half (5%) feet at any point when rational construction methods will not allow compliance u,ith the mariimum height of five and one-half (5%) feet, provided that the Planning Director may impose reasonable conditions to limit or restrict the use ofsaid space. (6) On-grade or below-grade structures. The projection of an on-grade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section l6A-3-200(bXI). Structures On or Below Finished Grade. The Planning Direcror may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plorving operations and rvill have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. (7) Building outside ofestablished envelope. An encroachment outside of building envelope where a building or portion thereofwas previously constructed. (8) Adjustment to building envelope. Adjustment ol a building envelope to correct an existing condition or to allow h to better conform to the standards of this Development code. such as by allowing less vegetation to be removed from the site, helping to lessen impacts from drainage or site grading or permitting better access to the site to be provided. EXHIBIT A, TOWN OF SNOWMASS VILLAGE ORDINANCE NO I-t 701-17-17 TC Packet Page 87 of 120 Final Language (9) Administrative amendments. An administrative amendment to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. (10) lnterim SPA (SPA-l and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA-l and SPA-2) and Governmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. provided: a) the improvements are necessary for the maintenance and repair or remodeling of an existing building; b) there will be no change in type ofuse except as may be accessory to or customary in connection with the existing principal use(s) of the building; c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or live hundred (500) square feet, whichever is less, except in the case of Govemmental Specially Planned Areas it shall be ten percent (10%) of the building floor space; d) the proposed improvements will be consistent with Section l6,4-4-340, Building Design Guidelines to Preserve Community Character; and e) all future development improvements rvithin the property proposed after an initial administrative modification approved by means of a) through d) above shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. The Planning Director may require the preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such structures will not change the basic character of existing buildings or surrounding areas or have a substantially adverse impact upon surrounding properties. ( I l) Site disturbance outside building envelope. Earth berms located outside the building envelope rvhich do not satisfy the criteria specified within Section l64-4-320(b)(2)a, Eanh Berm Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. (b) Procedure. The following procedures shall apply to an application for an administrative modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. ( l) Pre-application conference. Aftendance at a pre-application conference is optional prior to submission of an administrative modification applicarion. (2) Submission of application. The applicanr shall submit an application to the Planning Director that contains the materials specified in Subsection (c), Application Contents. (3) Process Determination. Within ten (10) days after the pre-application meeting or alter the application is deemed complete, the Planning Director shall decide if the application can be processed administratively or if it must be forwarded to the Planning Commission as the decision-maker. EXHIBIT A SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE 3-20I7 (4) Administrative staff review. Staff review of the application shall be accomplished, as specified in Section l6A-5-50, StaffReview ofApplication. For applications being processed by the Planning Director. no public notice shall be required. Notice of the issuance of the EXHIBIT A, TOWN OF SNOWMASS VILLAGE ORDINANCE NO, 3-I7 01-17-17 TC Packet Page 88 of 120 EXHIBITA SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE 3-20I7 (6) Appeal. A decision by the Planning Director or Planning Commission on an administrative modification may be appealed. pursuant to Section l6A-5-80, Appeals. The appeal shall be refened to the Town council, which shall consider the matter pursuant to section I 6A-5-80(d). Procedure. (7) Recording of decision. If the Planning Director or planning commission approves the administrative modification, the applicant shall, within thirty (30) days of the date of said approval, cause the written decision notice or resolution, with applicable exhibits. to be recorded in the records ofthe County Clerk and Recorder. (c) Application contents. An administrative modification application shall contain thefollowing: (l) Minimum contents. The minimum contents for any application, as specified in Section I 64-5-40(b), Minimum Contenls. . (2) Improvements survey. Ifdeemed necessary in the discretion ofthe planning Director, animprovements survey, sholl'ing the rocation and dimensions of alr existing .ta.iurar, ,t*tr. EXHIBIT A, TO\IN OF SNOWMASS VILLAGE ORDINANCE NO.3.I701-17-17 TC Packet Page 89 of 120 Final Lanpuaqe Planning Director's approved administrative modification, including copy of the record of decision, shall be provided to the Planning Commission. a. Action by Planning Director. The Planning Director shall approve, approve with conditions or deny the application, considering the relevant materials and testimony and the standards in Subsection (d), Review Standards. If, during the staff revierv any issues arise that cannot be resolved to the satisfaction of the Planning Director or the applicant, then the staff shall refer the application u.ithin thirty (30) days to the Planning Commission pursuant to Subsection (5) Action by Decision-Making Body. b. Public notice that an application for an administrative modification has been rel'erred to the Planning Commission shall be given pursuant to Section l6A-5-60(b), Manner and Timing of Notice. (5) Action by decision-making body. The following procedure shall apply to an application tbr administrative modification if, due to its scale or potential impacts upon surrounding properties or due to the nature and intensity of the proposed activity or use, it is determined by the Planning Director to rvarrant refenal to the Planning Commission for final determination. This procedure shall apply regardless of whether the Planning Director refers the application prior to after a formal staffrevie*'. a. Staff review. Staff revierv of the application shall be accomplished, as specified in Section l6A-5-50, StaffReview of Application. b. Planning Commission review. A complete copy ofthe application shall be forwarded to the Planning Commission. logether with a copy ofthe staff revielv, which shall approve, approve with conditions or deny the application, based on the standards in Subsection (d), Review Standards. EXHIBIT A SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE 3.20I7 alleys, easements, drainage areas, inigation ditches, public and private utilities and other significant features *'ithin the prope(y. (3) Site plan. A site plan of the subject propeny, shorving existing improvements and proposed development features that are relevant to the review of the proposed administrative modification. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements ofthe proposed structure for which an administrative modification is requested. (4) Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the application. Examples of the information that may be requested are elevations of proposed structures, analysis of the traflic impacts ofthe proposed use or evaluation ofthe environmental impacts ofthe proposed use. (d) Review Standards. An application for an administrative modification shall comply u'ith the Ibllowing standards: a. Unforeseen circumstances. The proposed modification shall be the result of circumstances that could not have been reasonably anticipated by the applicant prior to or during the original approval process; and b. Insubstantial impacts. Any adverse impacb on sunounding properties from the proposed modification shall be insubstantial. FIGURE 5A ADMINISTRATIVE ODIFICATION APPLICATION PROCEOURES PIlt*'Il;C COM!i!SStON PLAIiNINC DITECIOT PRE APPUCAIION CONFERENCE(ofrDfiAL) strlltt I ASfLt(Allol PI A}NIltC DLIICIOR DECIS:O!i EXHIBIT A. TOWN.OF SNOWMASS VILLAGE ORDINANCE NO. 3-I701-17-17 TC Packet -'^ "' " peibe g0 of 120 Final Lanquage EXHIBIT A SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE 3.20I7 Final Laneuage (Ord.4-1998 $l: Ord. l-1999 $l;Ord. l0-1999 gl;Ord. l5-2000 gl;Ord.32-2004 $A-7; Ord.4-2013 $3; Ord. 6-2015 g3(Exh. A) EXHIBIT A, TOWN OF SNOWMASS VILLAGE ORDINANCE 01-17-17 TC Packet NO. 3- 17Page 91 of 120 TO: THROUGH FROM DATE: SUBJECT Agenda Item Surnmary Attachment 2 MEMORANDUM Snowmass Village Town Council Chase Anderson, Planner Community Development Department January 17, 2017 meeting Town Council Ordinance No. 3; Series of 2017 A Resolution Recommending Amendments to Chapter 16A, Land Use and Development Code, Section 16A-$250 "Administrative Modifications" of the Snowmass Village Municipal Code to Correct lncongruities in Codification resulting from the adoption of Ordinance No. 4, Series of 2013 and Ordinance No. 6, Series of 2015. I. PURPOSE Pursuant to the procedures outlined in land use and development code Section 164-5- 210 Amendments to text of Development Cde and the review standards set forth therein, the Town Council is being asked to consider final language amendments to the land use and development code Section 16A-5-250 Administrative Modification set forth in the attached Resolution No. l0; Series of 20'16 as presented by Staff. II. SUMMARY DESCRIPTION AND BACKGROUND ilt. Page I of 4 01-17-17 TC Packet Page 92 of 120 Julie Ann Woods. Director Community Development Department Town Council Ordinance No. 4; Series of 2013 was adopted September 9, 20.13 to amend the lerl of the land use and developmenl code affecting Code section 16A-5-250 Adminiskative Modifications, specific lo making less onerous the submission requirements. Town Council Ordinance No. 6; Series of 2015 was adopted July 20, 2015 to amend thetext of the land use and development code affecting Code seclion .164-5250 Adminiskative Modifications, specific to clarifying language related to .setbacks, and'building envelopes'. The two sequential codrfications produced incongruities ot text in the AdministrativeModification section. lnadvertenfly, ordinance No.6; series of 2015 reverted some oflhe text back to predate the changes made in Ordinance No. 4; Series of 2013. This ordinance No. 3; series of 2017 is put forth to correct the incongruities between thetwo Ordinances and result in a properly organized and indexed Municipal Code. APPLICABLE REGULATIONS Article V, Division 2, Procedures for Review of Particular Application Section 16A-5-210, Amendments to text of Development Code. Seclion 16A-&210(c). Pr@edure. The following procedures shall apply to an application lor an amendment to the text of lhe Development Code. These procedures are illustrated in Figure *2, Text or Map Amendment Procedures. ( 1 ) Eleippljcalj9!_coilere!9p. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for an amendment to the text of this Development Code. A pre-application conference was held with Planning Staff and with the Town Attorney. lt was determined that an amendment to the text of the Land Use and Oevelopment Code was needed to correcl incongruities between the two Ordinances thal resulted in conflicting codification. (2)Submission of application. The applicant shall submit an application to the Planning Director that contains those mateials specified in Section 164-U210 (d), Submission Contents. This report serves as application for the amendment to text and includes precise wording of the proposed amendment as shown in Exhibit A of the attached dratt Town Council Ordinance No. 3; Series of 2017. (3)Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-6210, Staff Review of Application. (4)Planninq Commission review. A complete apy of the application shall be fo\varded to the Planning Commission, together with a copyof the slaff review. The Planning Commission shatt review the alpligatign, consideing the standards of Section 16A-L210 (e), Review Standards, and sha make its recommendations to tie Town Council. Section 16A-5-210 (e), Review Standards are addressed herein (S)IowA_9pU!9t!_@8 .TheplanningCommrssion,s recommendations shall be fonttarded to the Town Council al a regularme.eting; togethe.r with a comptete copy ot the apptication and a copyof the staffs review. The Town Councit sha consider all retevantmateials and shall adopt an ordinance on first reading amending the Page 2 of 4 Page 93 of 120 Municipal Code review criteria that regulates Amendments to texl of Development Code include Section 16A-t210 Amendments to text of Development Code. Staff finds this report to be complete. 01-17-17 TC Packet Development Code as recommended or with modifications, or shall adopt a resolution denying the application, citing specific reasons therefore. Planning Staff has prepared an Ordinance for Town Council consideration with the recommendations of Planning Commission attached in Resolution No. 10: Series of 2016 Section 16A-r210(e).Review Standards. An application for an amendment lo the text of the Development Code shall comply with the following standards: (1)Consistent with punoses. The proposed amendment shall be consistenl with the purposes of this Development Code. (2)Not c.onflict with other provisions. The proposed amendment shanot conflict with any other applicabte provisions of this Developmenl Code- Page 3 of 4 01-17-17 TC Packet Page 94 of 120 (6)Public heaing. Prior to second reading of such ordinance, the Town Council shall hold a public heaing. Public notice of the heaing shall be given by publication of notice, pursuant to-Section 16A-*60 (b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support mateials, the staff repon, the Planning Commission's recommendation and the public testimony given at the public heaing. Following closure of the public heaing. the Town Council shall adopt the ordinance, adopt the ordinance with modifications or deny the ordinance, consideing the standards in Section 164-5210 (e), Review Standards. lf the Council shall make modifications to the ordinance prior to adoption il may, but need not, remand lhe application to the Planning Commission for funher recommendations. Plannrng Staff has prepared public hearing nolices as outlined in Section 164-5-60. Notice of Public Hearings for first reading. Staff recommends that Town Council accept the amendments on first reading and continue lhe public hearing to second reading. This Development Code has been promulgaled by the Town of Snowmass Village, Colorado, as a codification of all the ordinances of the Town of Snowmass Village of a general and permanenl nature through Ordinance No.4, Series of 1994 for the purpose of providing an up-to-date code of ordinances, properly organized and indexed, in published form for the use of the citizens and officials ot the Town. The purpose of this proposed ordinance No. 3; series of 20't7 is to properly organize and index the code oi ordinances tobe consistent with the purpose of this Development Code. This proposed Ordinance No. 3; Series of 2017 does not conflict with any other applicableprwisions of the Deveropment code and specificaly serves to correct conflicts incodification. V (3)Consistent with Comprehensive Plan. The proposed amendment shall be oonsrslenl with the Town of Snowrnass Village Comprehensive Plan. This proposed amendment is consistent with the Comprehensive Plan. (4)Public health. safetv and welfare. The proposed amendment shall preserve the public health, safety, generalwelfare and environment and contribute to the orderly development of the Town This proposed amendment contributes to the orderly development of the Town. IV. RECOMMENDATIONS Staff recommends on first reading the approval of the text amendment the land use and development code for the correction of incongruities of codification in Section 164-5-250 Administrative Modification; subject to conditions as set forth in draft Town Council Ordinance No. 3; Series of 2017 as presented by Statf. ATTACHMENTS Attachment 1: Town Council Ordinance No. 3; Series of 2017 amended language Page 4 of 4 01 -1 7 -17 TC Packet Page 95 of 120 Art. V. Div. 2. Procedures for Review ofParticular Applications $ l64-5-250 Sec. l6A-5-250. Administrative modifications. (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a staff-level oi l'lttttitt:, procedure that allorvs minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumslances that arise prior to or during final design and actual construction. .l-Ltt\itiL, !it, tcY le\\ t hul .';ubslanl iullt' in.'retbe tri cnerulion or lhc dcnrund chunsts lhul ue inconsislent rrith u conditi,ttr ot d rept.'scnk it,,t o otul. or lhal reouirt further vtriarion l. be tottsidered utlnrinislr liw inclutle chunses lo thc owtull choruLter ol lhe U'oia . thttnqes nhli< l lhe prttiect's <n'icinul tllryl n ion thul crunled in lht oriyirul a4tnrvtl. An administrative modification shall only be granted for the following t)?es ofactivities: (2) Floor area. An increase in the maximum allowable floor area of a structure by no more than two percent (2%) or fifty (50) square feet, whichever is less. (3) Building height. An increase in a building's height by one (l) foot or less. (4) Parking space size. A decrease in the size of a required parking space by one ( l) foot or less. (5) Crawl space or attic space. A cra*'l space or attic space thal is greater than five and one- half (5yz\ feet at any point when rational construction methods will not allow compliance with the maximum height of five and one-half (5%) feet. provided that the Planning Director may impose reasonable conditions to limit or restrict the use ofsaid space. (6) On-grade or below-grade structures. The projection of an on-$ade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section l6A-3-200(bXl), Structures On or Below F'inished Grade. The Planning Director may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plolving operations and will have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. (7) Building outside ofestablished envelope An in+rusien encroachment o tside ol' buildinc enr elopc in+o-a-+eqr*ired*etbaek . where a building or portion thereof was previously constructed . (8) Adjustment to building envelope. Adjustment of a building envelope ro conect an existing condition or to allow it to better conform to the standards of this Development code, such as by allowing less vegetation to be removed fmm the site, helping to lessen lmpacts from drainage or site grading or permitting better access to the site to be pmvided. 01-17-17 TC Packet Page 96 of 120 (l) Setback. The intrusion ofa building or an above-grade structure into a required setback by one ( l ) foot or Iess for new conslruction-. in o ,nonnar in SeLtion 16.1-3-200(b). ('onstrudion in Rcuuin:d Selbuck.s or Outside Datisnutcd Buildins En,''a ktta s. Art. V, Div. 2, Procedures for Review ofPanicular Applications s l64-5-2s0 (9) Administrative amendments. An administrative amendment to any other design feature ofan approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PLJD. Atr++iti* +l+a+ + at+t+e-tot'it+ert*tt{r+tit ji,e.r+i+e inekrtle e{ri+t}ttr d} -d}e--e\rJ+itl-l-a.1+ilti+etee-t+l_{-l+e -fr.1iee! clrtttn:er;_l{rr*_-itrsr*aa+iaJ1+ r+r+.tr.. +r,.ip lerlcritli,rll tr lhe rjr*}artl {i+ 1*{k' theili+ieri inrd t}r0nger ++}i}t r}rc-+}.\}r1ii\!c*t +ri{h il g*r+tli+i++ r+ a..rdprc1,t-'iltit$t)rl trl:+h*Jlrt{eeri o+i*iml+pprt*i*- er'-r}ra+-+rq+ir.:3tanr+nt +r A*he+.++r'rirrilr kt*++hal $rflrlteai-i+ tltd rrri:tiflnl n11*t+xtl, (10) Interim SPA (SPA-I and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA-l and SPA-2) and Govemmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, provided: a) the improvements are necessary for the mainlenance and repair or remodeling of an existing building; b) there will be no change in type ofuse except as may be accessory to or customary in connection with the existing principal use(s) of the building: c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or five hundred (500) square feet, whichever is less, except in the case of Governmental Specially Planned Areas it shall be ten percent (10%) of the building floor space; d) the proposed improvements will be consistent with Section l6A-4-340, Building Design Guidelines to Preserve Community Character; and e) all future development improvements within the property un initiul udministroti'c nodilicmion ap!;roved by' npuns o.l u) tl t)trylt lt rrholc shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. The Planning Director sha+l tncy require lhe preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such slructures rvill not change the basic character of existing buildings or surrounding areas or have a substantially adverse impact upon surrounding properties. (l l) Site disturbance outside building envelope. Earth berms located outside the building envelope which do not satisfy the criteria specified rvithin Section l6A-4-320(bX2)a, Earth Berm Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. (b) Procedure. The follorving procedures shall apply to an application for an administrative modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. (l) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an administrative modification application. nsed u (2) Submission of application. Director that contains the 1+lk*tirs The applicant shall submit an ap materials .yrt'r't/ilr I in Suhv'L'trrttt rt plication to the Planning ). .ln iL it)n ( (rttt,tl\ ffi Page 97 of 12001-17-17 TC Packet Arr. V. Div. 2, Proccdures for Revierv of Particular Applications s t64-5-250 epesed-adraini*rurirr i elernerts oflhe prepesed strueture l-er n hieh sn ndministralive modifieation is requested, F+irate trtilities and ether signitiesnt l'eetures *'ithin the prepertf.. er frre[inrote to th{} pn}ieet ire€teF-t€-€tisutr fliieq{fl+ere+ierY€+1@i€a{ieft sther hl'om1oti6n es is ne€.s$ary to eyaluBte lhe impaets of the odministrs+irc modili€ation n€w 0r remodeled s+[se ion ln on grude €rr b€low Srn&rnd SP,\ 2) a$*torira onnerri el prepen) th* is loeated rvithin three huMred (300) fbet rrf the sehieet pmfierty, 'l-L- li.r ^f ^-..^-..-k.ll }'- -^,'.^il^,{ a,}ti^h l(A < (IVkV'}\- S^..r,-,i ,r1.l :-rmf,qMr JrEn rE ra4.rt,r!u rr rur r ,: vv\u/1-7 notiee rhat is nrailed sholl etmtain suffieient graphie and rvritten materi*Ite fu ll){ess+ibe+he ien-€rii* (3) I't"occss Dctarmindti('n. ll'it hin tan ( 10)ulier tlrc pre <tpplitztlit*t mtatiny or ulit,r ion i.s dcanul an tlatc. thc I'knnint! Dirattor sholl datide il tht, uonht nxtL'assul rklministraliv ly ot il it muvt be lirrxtriai u lhc ('onntissiott tt.: llu de t i.sirtn-muker. *+tS*ing+tandar*.; 01-17-17 TC Packet Page 98 of 120 An. V. Div. 2, Procedures for Review of Particular Applications $ r 6A-s-2s0 h, lnstrtr*tnntial inrpaets, Any adveree i*r^aets en runeunding prepertierfrom the (1) .*lmini:;trotita .sk!ll'reyiel*'. Stcltl'review ol'thc ul\lliculion slmA be ac,con?tlislrcel, u.t $llc'i.liad in Seclion l(t.4-5-50. Stq(l'Revictr o-l'Altplicotiott. Fbr qtplic'tttions beitry ?rut'assed h-r' thc Plunninq Direc',or. no puhlir notice .;hrtll be reuuired. Notic"e o.l'thc issuunrc ti'tlrc {cctsiqa,tfutll be pnn'ided ttM u. ,lttion bJ, Illunning Director. The Plutning Director slmll qttrow. crlsprovc tt'ith *tnclilions or clcnt' the qltlicutian, unsidering the relcwtnt nruleriuls urul testimonrunil lhe stundurcls in Suhsec'tion kl), Re|iev' Slundorcl.s. I{. during tht $tqll'reviev' uw issuc.r urise thul e'unnot he resolved to thc satis{hclion o! the l'lunning Director or tht qtplic'unt,. the n the stull shull relbr tht: uailic'tttiott within thirtv (30) davl to the l'lunninx ('omnils.yion Inu'swrnt to Subsectiotr (5) Action b.t' Decisiutt-lrlukint Bocl!. h. I'ubli( notirc that an upltliuilion lia' an udrninistrulive modilitution hus been rclbrrcd to the Plunnins ('ommi.ssion :;hull he given ltur.suunt lo Seclion ]6A-5-60(h). l'lannar and 7'imins 0-l'Notie'e. (5) A(tion h),decision-mukins hotb'. ThaJitlloving pnk'edurc sh{llilplil.t'to iln ilNtticution lbr ildministrulive nutditic'trlion il, due lo ils scule or lxttenliul in?xrct.s- rywn su'reunding pnrytertie.t or chrc ttt the nulure and intcnsil.t' oJ'lhe prolxtsed uclivit)' or use, it is detelminqtl h) the Plunning Direc'lor to wilrrunt rqfcrral to lhc PlunnirJg ('ommission.br.linol determinution.. 'l'his p'oc'edure shall uppl)' regm'tlless oJ'vhethcr the Plunnin* Directu relbr.s tht ultltlictrtion prior to 4lier u-lbrmd stllll reviev, u. Stull rerjsB'. Stdl reillnr ol the uatliuttion ;hull he uc'conrplishctl. as :;txcified in (6) r\ppeal. A clecision b1 thc Planning I)irector on an adrninistratirc rrodillcation mar be appcaled. pursuilltt to Se-ction 16.{-5-80. Appcals. The appt'al shall hc referrc'd to thr--l-o\\n ('ouncil. uhich shall consicL.r thc. nrattcr pursuant to Section I 6A-5-80(d). l)rocedure. 01-17-17 TC Packet Page 99 of 120 Art. V. Div. 2, Procedures for Revierv olParticular Applications $ r64-5-250 (7) Recording of decision. If the Planning Director or Planning Commission approves the administrative modification, the applicant shall, tithin thirty (30) days of the date of said approval, cause lhe written decision notice rv r,:,itttirttt. I irlt qyliuhlt' ctltibit', to be recorded in the records of the County Clerk and Recorder. therefll'ter eause the Coeumen+s to be reeerded in lhe reeords of the €euntv elerk and @ (() ,11p!il!t!!!,n ('onttnts. .lM uottltgtljtttt .;hull utntuin tlu' lblk*t ing: lllinimun contcnl.s. 'l he nininrun conlent-\iuliun I 6.1 -5 -l A { il. I linin um ( intant s lnttrroytnrcnl.\ tut'r'lzl. ll deantd nacesst u-y irr lhe li.wralion ol'the l'lomint! Direckr. I slutrr int! lht loL'u ,11 und dinrcnsiott.; ol ull eristinu stmtturus. ullcrs. eu.senents. <h'uinuze o eu:, it'ripalion ditt'ha.t, puhlic orul 'iyuta utilitie:; oul othcr siynilicunt liutures filhin lLrt ttttt\rtt (3t Sitt dutt. ,l sik Dhn ol tha suhiect lrn)Dert. sfunt'ittp cxistinp inDrot'ene nls qrul tryottosc<l dtvloDmcnl li'drn'es lhot utr re lav(nt lo llt rL'\'ict of lha urnn.yacl udninistrutitt nruliliLtttion. :{s rarr,s.vrnl the q4 itunt shull ol.so subnit .suLh other vritlen or !r( inlirnu ion u-'. is net's 'lp dysc|ihe lhe Drotxtsed nrudiliu ion,'h u-t u skatch ol'thost clanents ol the nr<tuts*l :tructurt lir rhith on ahnini.;truiyt nnt iott i,s reque:lul. (1) ()thu inlbrnntiut Thc I'knnilx l)it t:clor nut reount lhe D.ttliun b suhnit sucht lpr inlin nutkttt us is ttac't:ss 't 44r'qludle th! impoct.\ ol the applic.ulion. Lwnnplcs o/ thc inl'ornulion thdt nuty ht reqtestul ore elerulk)ol ptopo:icd s1,"ucIures. unult 'sit ol. thc ntlliL innrl.t ol lhe ryt tltosr,tl u.tt r.rr ttt utiott 0l Iha enyinnmunlul it,tD tl\ 0l tlt Drofitsul ust 111 Raviat Stu lgt'd;. .4n lpqliculiln lbr an \istruliv modilic'ctt itttr shull comply rrith tht lbllo\iru srundurd,; u. Linlitre'seen cirtwn:;knt'cs. The Dntxt.sed nnxli vtion :;he l he tha ( tt'L unt\l0na't.\anld n\t l]/]]t h,:en re,r.t ttrttititnted bt tIt oDDIiL.unt ltrk 'lo ort durinc tlu ui'linul a\trou pro h. ln.\ub.\lunt iul intD.tct.\.1/111' ulwrse in trrotNrtit:.\fiom the 01-17-17 TC Packet uhtitontial Page 100 of 120 pnt n t.tt <l nn<l ili t'<tt i on .s ha I I he i n: Art. V, Div. 2. Procedures for Revierv of Particular Applications $ l64-s-2s0 FIGURE 5{ ADMINISTRATIVE MODIFICATION APPLICATION PROCEDURES (Ord. 4-1998 $l; Ord. l-1999 $l; Ord. l0-1999 gl;Ord. l5-2000 gl; Ord. 32-2004 $A-7; Ord.4-2013 g3; Ord.6-2015 $3(Exh. A) PRE APPLICATIONcoNfEiEnct s(,Dlll I APPLICAIIO\ !LA\NI),rG DIREC'OR PI.AMitNCCOMMISS|ON Pl A|iNINO DlLtatrx DECIS:Ofi 01-17-17 TC Packet Page 101 of 120 Agenda ltem Surnnrary Attachment 3 TOWN OF SNOWTIASS VILLAGE PLANNING COmilSStON RESOLUT'ON NO. IO SERtES OF 2016 A RESOLIMON RECOMUENDING AMENDIf,ENTS TO CHAPTER 16A, LANO USE AND DEVELOPMENT CODE, SECTION 16A.$250 "ADiIINISTRATIVE MODIF OF THE SNOWMASS VILLAGE MUiIICIPAL CODE TO CORRECT INCONGRUMES IN CODIFICANON RESULTING FROM THE ADOPTION OF ORDINANGE NO. 4, SERIES OF 2013 AND ORDINANCE NO.6, SERIES OF 2015. WHEREAS, the Town Council approved Ordinance No. 1, Series of 2010 on February 22, 2010, thereby adoptir€ the 2010 Town of Sno,vmass Village Comprehensive Plan (the "Comprehensive Plan"): and VWEREAS, Chapter 10, Actions and lmplementation, of the Comprehensive Pbn summarized the actions and tnplementations intended to implement goals and policies found in the individual Comprehensive Plan chapters: and WHEREAS, amendments to Chapler 16A of the Snowmass Village Municipal Code ("Municipal Code") are necessary to implement certain action items identified withln the Comprehensive Plan; and WHEREAS, staff has proposed addilional amendments to Chapter 'l0A of the Municipal Gode fo. consideration atthis time; and \ /HEREAS, the amendments conlained in this Resolution are being processed under lhe provisions ot Section 16A-5-210 Anan&n4J,lts to text of Deveto$:f,nt Ooda of the Municipal Code; and WHEREAS, Torvn Council Ordinance No. 4; Series of 2013 was adopted September 9, 2013 to amend the text of the land use and developrnent code affecting 1) Definitions; 2) Dimensioml Limitations and Floor Area Measurement 3) public Noticing: and 4) Administrativ€ Modification Processing. WHEREAS, T01rn Cruncil Ordinance No. 6; Series of 2015 was adopted July 20, 2015 to anErd the text d the land use and developrnent code affedirE l) HinitiorE; 2) Temporary Use; 3) Consuuctlon ln Required Setback; a) fublic Noticing; and 5) Administratfve ModifEations. WHEREAS, lhis resolution recommends that Torvn Council correct the incongruilies in sequential codification ot the previxrsty referenced ordinances as further oescrtiueo inExhiul A attached hBreto and inco.poratBd hereln by reference; and . WHEREAS,, the phnning Commission has determined that the amendments andrevrsions -to the Municipal Code as hereinafter set forth are necessary tor the publbhealth, safety and rt elfare. _ NOW THEREFORE, BE tT RESOLVED, by the ptanning Commission of theTo^rn of Snowmass Mllage Ssction One: Flndlngs. Based upon the infor,nation provided and the testimony givenduring the meetings, the planning Commission linds as foitoua: -- - - 01-17-17 TC Packet Page 102 of 120 1. The procedural requirements set forth in Section '164-5-210 Amendments to text ol the Developmenl Code of the Municipal Code have been satisfied 2. The proposed amendments comply with the applicable review standards specified within Section 16A-5-210(e) of the MunicipalCode. SS!!9O-TW9: Comments, Concerns and Recommendations to the Town Councll. The Planning Commission recommends that the Town Council adopt the amendments to Chapte|loA of the Municipal Code, described in bhibits A, subject to consideration of the following recommendations and comments: 1. Recommend approval of Exhibit A with reterence to Section 164-5-520 ' Administative modificalions' for correctaon of codification incongruities. INTRODUCED, READ, A N D APPROVED by the Planning Commission of the Town of Snowmass Village on December 21, 20'16, upon a motion by Commission Member F rid stein, the second of Commission Member Gustafson, and upon a vole of 6 infavor and 0 against. Commission Member Keelty was absent. TOWN OF SNOWMASS VITLAGE PLANNING COMMISSION tl C "at 4"< Cindy ForCltjgAning Commission Secretary Altachments: Exhibit'A' - Section 16A-5-250. Administrative Modifications. 01-17-17 TC Packet Page 103 of 120 ATTEST: EXHIBIT A SNOWI\IASS VILLAGE PLANNING COMMISSION RESOLUTION IO.2O16 Final Laneuage Sec. l6,{-5-250. Administrativc modifications. (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a staff-level or Planning Commission review procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumstances that arise prior to or during final design and actual construction. Activities that shall not be considered administrative include changes to the overall character ofthe project, changes that substantially increase trip generation or the demand lbr public facilities and changes that are inconsistent with a condition or a representation of the project's original approval, or that require granting a further variation from that granted in the originat approval. An administrative modification shall only be granted for the follorving types ofactivities: ( l) Setback. The intrusion of a building or an above-grade structure into a required setback by one ( l) foot or less for new construction in a manner that exceeds the limitations established in Section l6A-3-200(b), Construction in Required Setbacks and Outside Designated Building Envelopes. (2) Floor area. An increase in the maximum allowable floor area of a structure by no more than two percent (2%) or fifty (50) square feet, whichever is less. (3) Building height. Ar increase in a building's height by one ( I ) foot or less. (4) Parking space size. A decrease in the size ofa required parking space by one (t) foot or less. (5) Crawl space or attic space. A crawl space or attic space that is greater than five and one- hall (5%) feet at any point when rational construction methods will not allow compliance with the marimum height of five and one-half (5%) feet, provided that the Planning Director may impose reasonable conditions to limit or restrict the use ofsaid space, (6) On-grade or belorv-grade structures. The projection of an on-grade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section l6A-3-200(bX I ), Structures On or Below Finished Grade. The Planning Director may impose reasonable conditions to ensure thal such structures will nol hinder road mainlenance and snow plowing operations and will have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structur€s. (7) Building outside ofestablished envelope. An encroachment outside ofbuilding envelope rvhere a building or portion thereofrvas previously constructed. (8) Adjustment to building envelope. Adjustment of a building envelope to conect an existing condition or to alloll' it to better conform to the standards of this Development code, such as by allowing less vegetation to be removed from the site. helping to lessen impacts from drainage or site grading or permining better access to the site to be provided 01-17-17 TC Packet Page 104 of 120 EXHIBITA SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION IO-20I6 Final Language (9) Administrative amendments. An administrative amendment to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. (10) lnterim SPA (SPA-l and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA- l and SPA-2) and Govemmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, provided: a) the improvements are necessary for the maintenance and repair or remodeling of an existing building; b) there rvill be no change in type ofuse except as may be accessory to or customary in connection with the existing principal use(s) of the building; c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or five hundred (500) square feet, *'hichever is less, except in the case of Governmental Specially Planned Areas it shall be ten percent (10%) of the building floor space; d) the proposed improvements rvill be consistent rvith Section l6A-4-340, Building Design Guidelines to Preserve Community Character: and e) all future development improvements within the property proposed after an initial administrative modification approved by means of a) through d) above shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. The Planning Director may require the preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such structures lvill not change the basic character of existing buildings or sunounding areas or have a substantially adverse impact upon surrounding properties. ( I I ) Site disturbance outside building envelope. Earth berms locared outside the building envelope which do not satisfy the criteria specified within Section l64-4-320(b)(2)a. Earth Berm Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding propeny owners. (b) Procedure. The follorving procedures shall apply to an application for an administralive modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. ( l) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an administrative modification application. (2) Submission of application. The applicant shall submir an application to rhe planning Director that contains the materials specified in Subsection (c), Application Conlents. (3) Process Determination. within.ten (10) days after the pre-application meeting or afrerthe application is deemed comptete. the planning Director shill aiiiae it ttre applicition canbe processed administratively or il it must be forwarded to the planning comrisrion u, th.decision-maker. (4) Administrative staff review. Staff review of the apprication shall be accomplished, asspecified in Section r6A-5-50, StaffReview of Apprication. For apprications u.ing'pro".r..Jby the Planning Director, no public notice shalr 6e required. Noiice of the ir.ui'r.e oi tr," 01-17-17 TC Packet Page 105 of 120 EXHIBITA SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION IO-20I6 Final Languagc Planning Director's approved administrative modification, including copy of the record of decision. shall be provided to the Planning Commission. a. Action by Planning Director. The Planning Director shall approve, approve rvith conditions or deny the application, considering the relevant materials and testimony and the standards in Subsection (d), Review Standards. If, during the staff review any issues arise that cannot be resolved to the satisfaction of the Planning Director or the applicant, then the staffshall refer the application rvithin thirly (30) days to the Planning Commission pursuant to Subsection (5) Action by Decision-Making Body. b. Public notice that an application for an administrative modification has been refened to the Planning Commission shall be given pursuant to Section l6A-5-60(b), Manner and Timing of Notice. (5) Action by decision-making body. The following procedure shall apply to an application for administrative modification if, due to its scale or potential impacts upon surrounding properties or due to the nature and intensity of the proposed activity or use, it is determined by the Planning Director to lvarrant referral to the Planning Commission for final determination. This procedure shall apply regardless of whether the Planning Director refers the application prior to after a formal staffreview. a. Staff revierv. Staff revierv of the application shall be accomplished, as specified in Section l6A-5-50, Staff Review of Application. b. Planning Commission review. A complete copy ofthe application shall be forwarded to the Planning Commission, together with a copy of the staff review, which shall approve, approve with conditions or deny the application, based on the standards in Subsection (d), Review Standards. 01-17-17 TC Packet Page 106 of 120 (6) Appeal. A decision by the Planning Director or Planning Commission on an administrative modification may be appealed, pursuant to Section l6A-5-80, Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section | 6A-5-80(d), Procedure. (7) Recording of decision. If the Planning Director or planning Commission approves the administrative modification, the applicanr shall, within thirty (10) days of the date of said approval. cause the written decision notice or resolution, rvith applicable exhibits, to be recorded in the records of the County Clerk and Recorder. (c) Application contents. An administrative modification application shall contain the following: (l) Minimum contents. The minimum contents for any application, as specified in Section I 6A-5-40(b), Minimum Contents. (2) Improvements survey. Ifdeemed necessary in the discretion ofthe planning Director, an improvements survey, showing the location and dimensions of all existing struc'iures, streets, EXHIBIT A SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION 10-2016 Final Languaqe alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property. (3) Site plan. A site plan of the subject property, shorving existing improvements and proposed development features that are relevant to the revierv of the proposed administrative modification. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements of the proposed structure for rvhich an administrative modification is requested. (4) Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the application. Examples of the information that may be requested are elevations of proposed structures, analysis of the trafflc impacts of the proposed use or evaluation of the environmental impacts of the proposed use. (d) Review Standards. An application for an administrative modification shall comply with the following standards: a. Unfloreseen circumstances. The proposed modification shall be the result of circumstances that could not have been reasonably anticipated by the applicant prior to or during the original approval process; and b. Insubstantial impacts. Any adverse impacts on sunounding properties from the proposed modification shall be insubstantial. FIGURE 5€ ADM INISTRATIVE MODIFICATION APPLICATION PROCEDURES STAFF REVIEW REFERRAI. TO PLAN}'ING COMI\IISSION OR PRE-APPUCATIOT- CONFERENCE (OPNONAL) suDliUl APPLT('Alx)N PLANNINC DIRECTOR ACflON PI AYNN6 DLI.ECTOR DFCIS]ON Page 107 of 12001-17 -17 TC Packet EXHIBIT A SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION 10.2016 Final Lansuase (Ord.4-1998 $l; Ord. l-1999 $l; Ord. 10-1999 $l;Ord. 15-2000 $l;Ord. 32-2004 gA-7; Ord. 4-2013 $3; Ord.6-2015 $3(Exh. A) 01 -1 7 -17 TC Packet Page 1 08 of 120 Town of Snowmass Village Agenda lte m Summary Date of Meeting: 1-17 -2017 Agenda ltem: ORDINANCE NO. 01 SERIES OF 2017 ORDINANCE ESTABLISHING THE PARKS OPEN SPACE TRAILS AND RECREATION ADVISORY BOARD - 1"t Reading Presented By: Andy Worline, Director of Parks, Recreation & Trails Background: POSTR The Parks, Open Space, Trails & Recreation (POSTR) Plan that was adopted on October 4 2016. This policy document included vision, goals and objectives to provide guidance for the decision makers and Town Leaders in the development of Snowmass Village's POSTR resources. Onesuchoverall goal of the POSTR Plan was to: Engage the community throughoutthe development and on-going operation of the POSTR network to ensure dynamic community needs are being met and community resources are appropriately utilized. The specific objective that references the creation of a POSTR Board is: Objective 3.6: Maintain the momentum created during the POSTR planning process and create a Parks Commission/Committee/Board to represent the varied interests of the Town. As Town Council has represented, the POSTR Plan is essential for developing clear goals and objectives that will act as a guiding document for existing operations as well as future parks, recreation, and trails development. Establishing the POSTR Advisory Board Fina ncia I lmpact: The POSTR Plan has created a set of policies for how Parks, Open Space, Trails and Recreation programs and project will be addressed in the future. The level of service, the types of programs and the size and quantity of capital projects identified in the plan will have a significant fiscal impact. The POSTR Plan itself will identify and address direct fiscal impacts and will aim to set policy guidance on how to address these impacts moving forward. Applicability to Council Goals & Objectives: ln the March 15,20'.6 Council Goal Statement, a specific identified goal was to create a Parks, Open Space, and Trails Plan. Town Council officially formally adopted the POSTR plan with Resolution No. 33, Series of 2016 on October 4, 2016. Cou ncil Options: 01-17-17 TC Packet Page 109 of 120 'l . Listen to presentation and provide feedback Staff Recommendation: Staff recommends that Town Council approves Ordinance No. 01, Series ol 2017 on first reading establishing the POSTR Advisory Board. 01-17-17 TC Packet Page 110 of 120 I 2 J 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 t6 t7 l8 l9 20 2t 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 4t 42 43 44 45 46 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO, 01 SERIES OF 2017 AN ORDINANCE ESTABLISHING THE PARKS OPEN SPACE TRAILS AND RECREATION ADVISORY BOARD AND SPECIFYING ITS DUTIES WHEREAS, the Town Council believes that establishing an Advisory Board can provide broad-based experience, expertise and knowledge of the POSTR Plan to assist, guide, review and make recommendations to the Town Council regarding the establishment and implementation of Town policy consistent with the POSTR Plan; and WHEREAS, the Town Council believes that input from concerned citizens is important to the Town; and WHEREAS, the Town Council desires to establish an advisory board consisting of concerned persons within the meaning of Section 8.1 of the Home Rule Charter; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE lT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado, as follows: ARTICLE XVII Parks, Open Space, Trails and Recreation (POSTR) Advisory Board Sec. 2-377. Establishment. An Parks, Open Space, Trails and Recreation (POSTR) Advisory Board is herebyestablished by the Town council pursuant to Town charter section 9.1 to carry out suchduties as directed by the Town council and generally provide a mechanism foicommunication and education regarding parks, open space, Trails and Recreationissues between the Board, residents and visitors of snowmass Village and the Town Page 111 of 120 WHEREAS, the Town Council desires to solicit the input of citizens who are interested and concerned with the Parks, Open Space, Trails and Recreation Plan ("POSTR") recently promulgated and adopted by the Town; and Section 1. Establishment of the Parks, Open Space, Trails and Recreation (POSTR) Advisorv Board. The Municipal Code is hereby amended by the addition of Article XVll to Chapter 2 creating the Parks, Open Space, Trails and Recreation (POSTR) Advisory Board as follows: 01-17-17 TC Packet 47 48 49 50 5l 52 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 67 68 69 70 7t 72 73 74 75 76 77 78 79 80 8l 82 83 84 85 86 17-O1TC O rd ina nce Page 2 of 4 Council. The Parks, Open Space, Trails and Recreation (POSTR) Advisory Board shall be specifically designated as "advisory". Sec. 2-378. Composition and Qualifications. a) The Parks, Open Space, Trails and Recreation (POSTR) Advisory Board up to seven (7) members composed of: 1 ) Seven (7) members selected atlarge; and 2) All members of the POSTR Advisory Board shall be persons interested in parks, open space, trails and recreation issues. 3) When appointing members to the Parks, Open Space, Trails and Recreation (POSTR) Advisory Board, Town Council shall primarily strive to balance the composition of the Board to ensure representation of various areas of parks, open space, trails and recreation issues, experience or interest to create a broad range of ability on the Board. b) No member of the Town Council shall serve on the Board Sec. 2-379. Meetings. The Parks, Open Space, Trails and Recreation (POSTR) Advisory Board will meet at least quarterly or more as determined by the Parks, Open Space, Trails and Recreation (POSTR) Advisory Board Town Council and such meetings shall be within the Town. Sec. 2-380. Terms of office. The members of the Parks, Open Space, Trails and Recreation (POSTR) Advisory Board shall be appointed by the Town Council to serve staggered and overlapping terms that expire at the first regular meeting of the Town Council annually. The initial terms of members of the Board will be as follows: a) The first two (2) at-large members appointed by the Town Council shall serve three (3) year terms; b) The next (3) second allarge member appointed by the Town Council shall serve two (2) year terms; and c) The final (2) two atlarge members appointed by Town Council shall serve one (1) year terms. Following the completion of the initial terms of office, each succeeding term shall be for three (3) years. Sec. 2-381. Vacancies. ln the event that a vacancy occurs on the Parks, open space, Trails and Recreation(PosrR) Advisory Board, the Town council shall appoint a new member to serve the remaining term. The Town council may only remove members of the Board, as follows 87 88 89 01-17-17 TC Packet Page 112 of 120 96 97 98 99 100 90 9l 92 93 94 95 t0l 102 103 104 t05 106 107 t08 109 ll0lllIz 1) for misfeasance or malfeasance of office by approval of a majority of the members of the Town Council; or 2) for any reason, by approval of at least three quarters (%) of the members of the Town Council. Sec. 2-382. Powers and Duties. The Parks, Open Space, Trails and Recreation (POSTR) Advisory Board shall have the following duties: 2) Recommend changes and updates to the Town of Snowmass Village POSTR Plan. 3) The Town Council may choose to direct the Parks, Open Space, Trails and Recreation (POSTR) Advisory Board to investigate and answer specific parks, open space, trails and recreation. 4) Provide technical expertise and a broad community perspective in order to develop recommendations to the Town Council concerning projects, programs, policies and operational practices that will benefit the parks, open space, trails and recreation. 5) Encourage community participation in these pursuits, and establish relationships with other parks, open space, trails and recreation groups, in order to access and leverage support for its efforts. 6) Recommend programs and policies to accomplish its purpose. 7) At least annually provide Town Council with a report that includes progress on goals of the POSTR Plan. il4 ll5 ll6 n7 ll8 I l9 120 t2t 122 123 section 2. severabilitv. lf any provision of this ordinance or application hereofto any person or circumstance is held invalid, the invalidity shall not affect any otherprovision or application of this ordinance, which can be given effect without t-he invalidprovision or application, and, to this end, the provisions of this ordinance are severable INTRODUCED, READ AND ADoprED on first reading by the Town councir ofthe Town of Snowmass Village, colorado, upon a motion made by council Member 01-17-17 TC Packet Page 113 of 120 17-01TC Ord inance Page 3 of 4 1) Advise the Town Council at any time regarding any matter relating to the Town of Snowmass Village POSTR Plan. ll3 124 125 126 127 128 t29 130 l3l 132 133 r34 135 t36 137 138 139 140 t4t t42 143 144 145 146 147 148 149 150 l5l 152 153 t54 17-01TC Ordinance Page 4 of 4 the second of Council Member vote of _ in favor to _ opposed. , on January 17 , 2017 , and by a INTRODUCED, READ AND ADOPTED on second reading by the Town Council of the Town of Snowmass Village, Colorado, upon a motion made by Council Member the second of Council Member on February 6, 2017 , and by a vote of _ in favor to _ opposed. TOWN OF SNOWMASS VILLAGE Markey Butler, ltilayo r ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Allorney 01-17-17 TC Packet Page 114 of 120 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING January 17 ,2017 AGENDA ITEM: Review the Elected Officials Transportation Committee (EOTC) meeting materials in preparation for the meeting on January ',l9, 20'l 6 at 4:00 PM in Aspen's Council Chambers.. PRESENTED BY: David Peckler, Transportation Director BACKGROUND: Your EOTC meeting materials will be delivered to you on Friday. The meeting is to present information on the Upper Valley Mobility Study. The information compares potential technologies and details on potential alignments along Highway 82 into Aspen that are compatible with the Record of Decision for the Entrance to Aspen. FINANCIAL IMPACT: NA - The information provided is an update APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Please review your EOTC packet materials for consistency with the goals and objectives of the EOTC funding. COUNCIL OPTIONS: 'l . This is a discussion item in preparation for the next EOTC meeting STAFF RECOMMENDATION: Discussion item only ATTACHMENTS: 01-17-17 TC Packet Page 117 of 120 NA 01-17-17 TC Packet Page 118 of 120 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING January '17,2017 AGENDA ITEM: Update on the Roundabouts / Feedback on CCP Features PRESENTED BY: Anne Martens, Public Works Director David Peckler, Transportalion Direclor Brian Olson, Police Chief BACKGROUND: Over the busy holiday season, which historically, is the peak traffic volume period, staff observed the traffic movements at both the Brush Creek Road / Wood Road Roundabout and the Wood Road / Carriageway mini roundabout. Overall, both of the roundabout functioned as expected and handled the traffic demands. We have been monitoring the operation and anecdotal comments. Brush Creek Road / Wood Road Roundabout - Generally there are no concerns with the Brush Creek Road / Wood Road roundabout. Staff has worked through some snow plow issues and continue to adjust their operations. Wood Road / Carriage Way Mini Roundabout - The mini roundabout has been performing generally as expected. Efficiency of the intersection has improved compared to the two way stop and one way stop configuration. Due to the slower speeds and geometry the mini promotes the alternating action that allows traffic to continually flow and function. The biggest factor that causes congestion at this location is the drop off and pick up nature of ski school at the Tree House. Contrary to last year, when the intersection was a two way stop, we did not see any significant queues past the garage entrance on Wood Road or above the Tree House. Also the Police Department provided minimal assistance at the intersection of Wood Road and Carriageway. lt should also be noted that Aspen Skiing Company had the largest skier number count on Thursday, December 29th. Staff has discussed some improvements to be implemented to improve the intersection such as some additional striping and sign placement. We do feel that the snow on the bridge medians provide a traffic calming effect that is desired as well the presence of pedestrians within the area. 01-17-17 TC Packet Page 115 of 120 CCP Elements - Relative to the infrastructure related to the CCP connectivity elements the roundabout is working well and we have received positive comments related to the sidewalks. The only somewhat negative comment that we have received regarding the Rectangular Rapid Flash Beacon (RRFB) is that often the pedestrians don't utilize the push button. After reviewing the elements at that these intersections during peak periods we recommend moving forward with the design of the pedestrian elements for Town Park Station and the Owl Creek Road / Brush Creek Road intersections. FINANCIAL IMPACT: There are no financial requests associated with this discussion topic APPLICABILITYTO COUNCIL GOALS & OBJECTIVES: The improvements in this area fall under the goal of taking the necessary steps to improve the overall connectivity of the community. COUNCIL OPTIONS: This topic is for discussion only STAFF RECOMMENDATION: Overall, the pedestrian enhancements designed with the Brush Creek / Wood Road roundabout appear to be functioning well and are acceptable. Staff recommends that the design of the Town Park Station and other Brush Creek Road improvements incorporating similar design elements. 01-17-17 TC Packet Page 116 of 120 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING: January 17,2017 AGENDA ITEM: Town CouncilAppointments to outside Boards. PRESENTED BY: Clint Kinney, Town Manager NiA N/A BACKGROUND: Attached is the list of Town Council appointments for outside boards. FINANCIAL IMPACT: APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: COUNCIL OPTIONS: 1. Review current appointments and update. STAFF RECOMMENDATION N/A ATTACHMENTS: List of attachments, if any. 01 -1 7 -17 TC Packet Page 119 of 120 Appointments to Town Council outside boards 2Ot5-2O1,6 Current Alternate Proposed Appointment 20L7-20L9 Proposed Alternate 20L7-20t9 Roaring Fork Transit Agency- RFTA Markey Butler Alyssa Shenk Ruedi Water and Power Authority-RWPA Bob Sirkus Nordic Council Bill Madsen Entire Council Tom Goode Alyssa Shenk Northwest Colorado Council of Governments-NWCCOG Colorado Municipal League Committee- CM!Town Manager Makey Butler Board A t.A t. 01-17-17 TC Packet Page 120 of 120 Elected officials Transit Committee-EOTC Community Office Resource Efficiency-CORE Public Health Board