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06-17-19 Town Council PacketTown Council Monday, June 17, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.JOINT MEETING WITH MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD - Rose Abello - Staff Liaison Board Members - Andy Gunion, Developer Mary Harris, Lodging Timothy McMahon, Retail Joanna Graczynski, Food and Beverage Wendy Harris, At Large John Kenny, At Large John Quigley, Lodging Robert Sinko, Lodging Michael Sura, At Large 4.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. (Five Minute Time Limit) 5.CONSENT AGENDA 1 Town Council Page - 2 - 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. 5.A. APPROVAL OF MEETING MINUTES 06-03-19 Page 4 Draft 06-03-19 Minutes 5.B.DRAFT AGENDAS Page 10 Draft Agendas 5.C.APPROVAL OF THE DRAFT 2019 COMMUNITY SURVEY Page 13 Staff Agenda Summary-2019 Community Survey Draft Community Survey Page 15 5.D.SECOND READING - ORDINANCE NO. 09, SERIES OF 2019 - AN ORDINANCE AMENDING THE TEXT OF THE LAND USE AND DEVELOPMENT CODE 6 INCORPORATING NEW FLOODPLAIN STANDARDS CONSISTENT WITH THE STATE OF COLORADO 7 FLOODPLAIN REGULATIONS AND ADOPTING APPLICABLE ASSOCIATED FIRM MAPS. Page 24 Staff Agenda Summary- Floodplain Draft Ordinance 9, 2019 Page 27 Planning Commission Resolution Page 57 Power Point presentation Page 86 5.E.RESOLUTION NO. 31, SERIES OF 2019 – AMENDING THE TITLE VI PLAN IN COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964 AND TITLE 49 – PART 21, NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION Page 104 Staff Agenda Summary- Title VI Title VI Policy Page 106 Resolution 31 Title VI Plan Page 155 6.ADMINISTRATIVE REPORTS 6.A.UPDATE ON HAWK RIDGE TRAIL MANAGEMENT Page 157 Staff Agenda Summary-Hawk Ridge Survey Hawk Ridge Survey Results Page 160 2 Town Council Page - 3 6.B.REVIEW OF UPDATED MALL TRANSIT STATION CONCEPT Page 172 Staff Agenda Summary- Update Mall Transit Station Design Criteria Page 175.pdf Presentation of the Design Page 177 6.C.JUNE 20TH, 2019 EOTC PREPARATION MEETING Page 184 Staff Agenda Summary EOTC meeting EOTC Packet for 06-20-19 Page 185 7.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 8.ADJOURNMENT 3 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES June 3, 2019 1 2 1) CALL TO ORDER 3 Mayor Pro Tem Sirkus called to order the Regular Meeting of the Snowmass Village 4 Town Council on Monday, June 3rd, 2019 at 4:00 p.m. 5 6 2) ROLL CALL 7 8 9 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk COUNCIL MEMBERS ABSENT: Markey Butler STAFF PRESENT: Clint Kinney, Town Manager; Travis Elliott, Assistant to the Town Manager; Julie Ann Woods, Community Development Director; Betsy Crum, Housing Director; Anne Martens, Public Works Director; Barbara Peckler, Executive Asst. PUBLIC PRESENT: Andrew Wicks, EAB Chairperson; Mike Steiner, Holy Cross; Charlie Singer, Andy Gunion of East West Partners; Martin Oswald, Mixsix operator and other members of the public interested in today’s Agenda Items. 10 11 3) PROCLAMATIONS AND PRESENTATIONS 12 13 3.A Presentation of the 2019 EAB Environmental Leadership Award 14 15 16 Travis Elliott, Assistant to the Town Manager and Andrew Wicks, Chair of the 17 Environmental Advisory Board presented Holy Cross with the 6th Annual Environmental 18 Leadership Award. Mike Steiner accepted the Award on behalf of Holy Cross. Mike 19 wanted to pass on that the CEO and Vice President send their regrets, unfortunately at 20 this time they are meeting with their board. 21 Holy Cross Energy was chosen among several nominees to be the sole recipient of the 22 2019 award for their trailblazing efforts to increase their portfolio of renewable energy. 23 06-17-19 TC Packet Page 4 of 242 4 Their past efforts have already resulted in a significant reduction of the community’s 24 carbon emissions, and the Board would like to recognize their leadership. 25 Holy Cross is very honored to receive this award and Mike points out that the reductions 26 couldn’t be achieved without a great community partnership with the Town and the EAB 27 board. The Town in conjunction with the EAB board have lead the way in implementing 28 Energy and Environmental saving programs. Holy Cross feels with the mechanisms and 29 contracts in place now the Town could hit the 70/70/30 target well before 2030 possibly 30 by 2022 and the town could exceed the 70% and be closer to 80%. 31 32 3.B Update on Activities, Progress and Plans for the Collective Building 33 34 35 The background on the Towns lease with East West Partners and an update on the 36 Town funds spent to date for the Snowmass Discovery Center was provided by Clint 37 Kinney, Town Manager. The work that has been done so far on the Collective Building 38 the Town has been pleased with and Clint would like to thank East West Partners for all 39 the work they have put into developing this building. 40 Charlie Singer presented a Power Point (the entire Power Point was added to the 41 Agenda after the meeting) that gave a recap of last winter usage; layout and design of 42 the Building and a tentative timeline for summer events to be held in the Base Village 43 Plaza area. As Charlie went through the slides Council raised questions ranging from 44 the number of seating allowed, safety of the ball pit, hours of operation, use of the flex 45 space and questions concerning a few of the summer events listed. Martin Oswald, 46 Restaurant operator for MixSix was also present to provide a detailed description of the 47 new restaurant and how he sees it will function. All concerns were addressed by East 48 West Partners and suggestions noted for future planning. 49 Highlights from the presentation were; 50  Upper level new restaurant, lounge and flex space 51  Lower lever kids’ area focusing on art in all aspects of the kids games and the 52 Ziegler Reservoir Ball Pool with interpretive Mural of the Ice Age Discovery 53  Flex space open to the public when not in use for relaxing and use of Wi-Fi 54  The new Restaurant will be able to cater to large events held in the Plaza 55  There are areas throughout the Building that have been designated for Art and 56 when this has been finalized they will update the Town Council 57 Charlie finished up noting that they are hoping to have construction completed by 58 Thanksgiving with a potential opening celebration in December. The children’s fountain 59 will be operating this summer. 60 61 4) PUBLIC COMMENT 62 None 63 64 5) CONSENT AGENDA 65 5.A Draft Agendas 66 67 06-17-19 TC Packet Page 5 of 242 5 Council Member Sirkus will be out for the September 9th Work Session and Council 68 Member Madsen will be out for the July 1st Regular Town Council Meeting 69 Alyssa Shenk made the motion to approve those items listed on today's consent agenda 70 item with the noted changes. Tom Goode seconded the motion. The motion was carried 71 by a vote of 4 in favor to 0 opposed. Mayor Butler absent. 72 73 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk 74 75 Voting Nay: None 76 77 78 6) PUBLIC HEARINGS - QUASI-JUDICIAL HEARINGS 79 None 80 81 7) POLICY/LEGISLATIVE PUBLIC HEARINGS 82 7.A Ordinance 9, Series 2019, An Amendment to the Land Use and Development 83 Code related to Flood Prevention and associated FIRM Maps 84 85 Julie Ann, Community Development Director refers to her memo for the reason for 86 Ordnance 9, Series 2019. Currently the state is working on standardizing regulations for 87 Wetlands and floodplains in all Municipalities. These states mandates have been 88 addressed in subsection F of the ordinance, this is a boilerplate version of what they are 89 requesting. Julie Ann provided slides showing the floodplain areas that have either 90 been increased or decreased along Brush Creek due to the updated map of the100-91 year floodplain. Looking at the new map there are about 12 properties within 92 Snowmass that would qualify for being in a floodplain area. Even if it is just a deck that 93 overhangs in this area it is considered in a floodplain. 94 With the adaption of this Ordinance and enforcement of floodplain management 95 regulations, the Federal Emergency Management Agency (FEMA) provides the 96 availability of flood insurance coverage within the community. 97 Planning Commission reviewed this Ordinance and unanimously approved it with PC 98 Resolution No. 3 at their May 15th, 2019 meeting. 99 100 Council Member Goode made the motion to approve the first reading of Ordinance 9, 101 Series 2019, An Amendment to the Land Use and Development Code related to Flood 102 Prevention and associated FIRM Maps Council Member Madsen seconded the motion. 103 The motion was carried by a vote of 4 in favor to 0 opposed. Mayor Butler absent 104 105 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk 106 107 Voting Nay: None 108 109 8) ADMINISTRATIVE REPORTS 110 8.A Draft 2019 Community Survey 111 06-17-19 TC Packet Page 6 of 242 6 112 The town conducts a Community Survey biannually to gauge the overall levels of 113 satisfaction with the Town Services. The town has been conducting these surveys 114 since 2012 and utilizing the data to improve town services. Travis Elliott, Assistant to 115 the Town Manager, is before council with the first draft of the 2019 Community Survey 116 and a copy of the last Community survey done in 2017. Travis has begun discussions 117 with the department heads making sure the questions still are inline with the data that 118 would be valuable to the town. The outcome of those discussions is incorporated in the 119 2019 draft Community Survey before Council today. Travis would like input from 120 Council to know what issues are important to Council making sure they are in the 2019 121 Community Survey. 122 Council asked to go page by page allowing for Council Members to comment and add 123 to help improve the overall survey. All modifications were noted and will be 124 incorporated in the 2nd 2019 Draft Community Survey that will be presented to Council 125 at the June 17th, 2019 Regular Council Meeting. The projected time frame for 126 publishing the Survey would be around the 1st of July 127 128 8.B Update on Coffey Place Housing Development 129 130 In 2017 a schematic plan was developed to add housing in three areas: along Stallion 131 Circle near the entrance to the development, immediately adjacent to the existing tennis 132 courts, and at the northeast portion of the site at the former Seven Star parcel. Based 133 on this plan, the Council appropriated $3.3 million to subsidize development of 134 approximately 16-18 new housing units. Betsy Crum, Housing director provided an 135 update of where the Town is now with this development. SGM is providing engineering 136 services, HP Kumar is overseeing the geotechnical work and RA Nelson is the 137 Construction Manager/General Contractor. With the three key players in place the 138 Town now has a better idea of the scope and cost of the project. An estimate of the 139 Development cost is $14 Mil and with the Towns subsidy the homes will range from 140 $523K to $824K. Betsy is also working on updating the Towns Rules and Regulations 141 for the parameters for who qualifies for these purchases. Before construction breaks 142 ground, Betsy would like to come back to Council with suggested changes so Council 143 can make a final decision on the new policies. Council was asked to think about with the 144 subsidy are the cost of the home where they think they should be? 145 146 9) TOWN COUNCIL REPORTS AND ACTIONS 147 148  Council Member Goode asked for an update on the Community Garden Plots 149 o They are being framed in and should be available by this weekend. Need 150 to contact the front desk at the Recreation Center to reserve a plot. 151  Council Members Shenk and Madsen nothing to report at this time 152 06-17-19 TC Packet Page 7 of 242 7  Council Member Sirkus attended an airport vision meeting on Thursday, 153 discussed was aviation safety with the different planes approach and the need 154 for the runway widened. Tour of the airport was very informative and the 155 different options for a new design layout of the Airport. Bob would appreciate 156 any feedback from the community concerning this topic. 157 158 10) EXECUTIVE SESSION 159 160 10.A Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-161 402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically 162 discuss and/or consider one item: 163 164 a) Determining positions relative to matters that may be subject to 165 negotiations; developing strategy for negotiations; and instructing negotiators, 166 pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code 167 Section 2-45(c)(5). 168 169 At 6:41 PM 170 171 Council Member Shenk made the motion to enter into a closed Executive Session. 172 Council Member Madsen seconded the motion. The motion was carried by a vote of 4 in 173 favor to 0 opposed. Mayor Butler absent 174 175 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk 176 177 Voting Nay: None 178 179 At 7:07 PM 180 181 Council Member Shenk made the motion to approve reconvening to the Regular Meeting 182 of the Snowmass Town Council on Monday June 3rd, 2019. Council Member Sirkus 183 seconded the motion. The motion was carried by a vote of 4 in favor to 0 opposed. Mayor 184 Butler absent 185 186 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk 187 188 Voting Nay: None 189 190 11) ADJOURNMENT 191 192 Council Member Shenk made the motion to adjourn the Regular Meeting of the 193 Snowmass Village Town Council on Monday June 3rd, 2019. Council Member Sirkus 194 seconded the motion. The motion was carried by a vote of 4 in favor to 0 opposed. Mayor 195 Butler absent 196 06-17-19 TC Packet Page 8 of 242 8 197 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk 198 199 Voting Nay: None 200 201 202 This set of minutes was approved by the Snowmass Village Town Council at their 203 Regular Meeting on Monday, June 17th, 2019. 204 205 Submitted By, 206 207 208 ___________________________ 209 Barbara Peckler 210 Executive Assistant/Court Clerk 211 212 213 214 06-17-19 TC Packet Page 9 of 242 9 • 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 meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the 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. 2019 Meetings Mon. Jun. 17th - Regular Meeting • Joint Meeting with the Marketing, Group Sales and Special Events Board (4:00) • Prep for EOTC June 20 Meeting • Review of updated Mall Transit Station Concept (tentative) • Hawkridge Trail Regulation Discussion • Flood Plan Ordinance 2nd reading • Finalize community survey Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair Mon. Jul. 1st - Regular Meeting (Madsen, Kinney out) • Senior Housing in Snowmass Village & Aging in Place • SAAB recommendation on entryway Art Selection Mon. Jul. 8th - Work Session (Shenk out) • Brush Creek Crossing design Update Mon. Jul. 15th - Regular Meeting (Shenk out) • VMS Entry Way Sign Update - CIP Mon. Aug. 5th - Regular Meeting • Exec Session personnel review Wed. Aug 7th - EOTC All Day Retreat Mon. Aug. 12th - Work Session • Joint Meeting with Snowmass Arts Advisory Board Mon. Aug 19th - Regular Meeting • Exec session personnel review Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) • 2019 Community Survey Report of Results • Review Proposed Housing Regulations Modifications?? 06-17-19 TC Packet Page 10 of 242 10 Mon. Sep. 9th - Work Session (Sirkus Out) • Joint Meeting with POSTR Board • Joint Meeting with PTRAB Mon. Sep. 16th - Regular Meeting • Compensation Analysis Review • Mon. Oct. 7th - Regular Meeting • 2020 Budget Introduction Mon. Oct. 14th - Work Session • Joint Meeting with Volunteer Board Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting Mon. Nov. 4th – Regular GID Meeting • GID revised Budget 2019 • GID Budget 2020 Mon. Nov. 4th - Regular Meeting • PH and Reso Adopting 2020 Budget • Public Hearing – Road Mill Levy Mon. Nov. 11th -Work Session • GID Budget approval • Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy Mon. Dec. 16th - Regular Meeting 06-17-19 TC Packet Page 11 of 242 11 Topics for Work Sessions or Other Meetings Requested by Town Council Members • Discussion regarding putting a tobacco tax on November ballot • Discussion to consider a ban on the sale of flavored tobacco • Review the outdoor smoking ordinance to consider modifications • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 06-17-19 TC Packet Page 12 of 242 12 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: June 17, 2019 AGENDA ITEM: Approval of the Draft 2019 Community Survey PRESENTED BY: Travis Elliott, Assistant to the Town Manager BACKGROUND: Staff incorporated the feedback from June 3rd Town Council meeting and updated the draft 2019 Community Survey (attachment A). Department heads have also revised and approved their section of the 2019 Community Survey. Staff aim to have the final Community Survey ready for execution around the July 4th holiday to take advantage of the increased presence of guests and part-time residents at that time. The survey will be electronic, but paper copies of the survey will be available for those who request it. It will be open for responses for approximately three weeks. Upon completion of the 2019 Community Survey, ETC will be attending the Town Council meeting on Tuesday, September 3rd to present the report of results. FINANCIAL IMPACT: The Town estimates that the total cost to execute, advertise, and analyze the 2019 Community Survey will be $17,500. This is included in the 2019 budget. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The 2019 Community Survey directly relates to the Town Council’s goal of increasing and strengthening Community Engagement. 06-17-19 TC Packet Page 13 of 242 13 COUNCIL OPTIONS: No formal action is required. STAFF RECOMMENDATION: Review the survey and direct staff to proceed. ATTACHMENTS: A. Updated Draft of the 2019 Community Survey 06-17-19 TC Packet Page 14 of 242 14 The Town of Snowmass Village Community Survey 2019 Welcome to the 2019 Snowmass Village Community Survey. Your input will be used to assess community needs and priorities for The Town of Snowmass Village. If you have questions, please call Travis Elliott, at 970-922-2275. At the end of this survey, as a way to say thank you for your time and feedback, you can enter to win JAS tickets, a one-year membership to the Snowmass Village Recreation Center, and gift certificates to local businesses. 1. Which of the following best describes you? ___(1) Guest of Snowmass Village (Non-Resident) ___(2) Year-round resident (10+ months per year) ___(3) Part-time resident of Snowmass Village ___(4) Roaring Fork Valley Resident (outside of Snowmass Village) ___(5) Other: __________________________ 1a. Are you an employee within Snowmass Village? ___(1) Yes ___(2) No 1b. Are you a business owner/operator within Snowmass Village? ___(1) Yes (answer #6) ___(2) No 2. Overall, do you feel that the sense of community in Snowmass Village is: ____(1) Improving ____(2) Getting worse ____(3) Staying the same ____(9) Don’t Know/No Opinion 3. How satisfied are you with the following aspects of Town government and the Snowmass Village Community? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Overall quality of services provided by the Town 5 4 3 2 1 9 2. Overall value that you receive for your tax dollars and fees 5 4 3 2 1 9 3. Overall image of the Town 5 4 3 2 1 9 4. Overall quality of life 5 4 3 2 1 9 5. Overall feeling of safety 5 4 3 2 1 9 6. Overall quality of representation you receive from Town Council 5 4 3 2 1 9 Housing Department Questions: 4. Do you own or rent your residence? ___(1) Own free-market unit ___(2) Own deed-restricted unit ___(3) Own a “fractional” unit ___(4) Rent free-market unit ___(5) Rent Town-owned unit – (answer #8) ___(9) Other:______________________ 5. Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with your current residence: ___(1) Very Satisfied ___(2) Satisfied ___(3) Neutral (4) Dissatisfied ___(5) Very Dissatisfied 06-17-19 TC Packet Page 15 of 242 15 6. Business Owners ONLY: Using a scale of 1 to 5, where 5 means “Very Willing” and 1 means “Very Unwilling,” please rate the level to which you would be interested in assisting with the following provisions of affordable / employee housing in the future: Very Willing Willing Neutral Unwilling Very Unwilling Don’t Know 1. Lease housing for your employees 5 4 3 2 1 9 2. Construct units for employees 5 4 3 2 1 9 3. Subsidize employee rents 5 4 3 2 1 9 4. Provide down payments for employees 5 4 3 2 1 9 5. Contribute to employee damage deposits 5 4 3 2 1 9 6. Subsidize employee mortgage payments 5 4 3 2 1 9 7. Using a scale of 1 to 5, where 5 means “Extremely Important” and 1 means “Not Important,” please rate the level of importance you feel for the Town to build the following types of affordable housing options within Snowmass Village: Extremely Important Very Important Important Less Important Not Important Don’t Know 1. Single family deed restricted homes 5 4 3 2 1 9 2. Deed restricted townhomes / duplexes 5 4 3 2 1 9 3. Deed restricted condominiums 5 4 3 2 1 9 4. Multi-family / apartment rental units 5 4 3 2 1 9 8. Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following items regarding Town rental housing: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Quality of housing 5 4 3 2 1 9 2. Level of service and unit upkeep 5 4 3 2 1 9 9. OPTIONAL: Do you have any comments about services provided by the Housing Department that you’d like to share? __________________________________________________________________________________________ __________________________________________________________________________________________ Town Administration and Leadership Questions: 10. How satisfied are you with the following functions of the Town of Snowmass Village administration? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Overall quality of service provided by the Town Manager’s Office 5 4 3 5 1 9 2. Overall quality of service provided by the Town Clerk’s Department 5 4 3 2 1 9 3. The availability of Town personnel to address your needs 5 4 3 2 1 9 4. Ease and efficiency of license application processes (business or liquor licenses) 5 4 3 2 1 9 5. Availability of/access to public records 5 4 3 2 1 9 11. Do you have any comments about services provided by the administration that you would like to share? _____________________________________________________________________________________ _____________________________________________________________________________________ 06-17-19 TC Packet Page 16 of 242 16 12. Town Council Strategic Goals: Please indicate how important each of the following Town Council Strategic Goals are to you when planning the Town’s future using a scale of 1 to 5, where 5 means “Extremely Important” and 1 means “Not Important”. Extremely Important Very Important Important Less Important Not Important Don’t Know 1. Create more opportunities for effective communication and community engagement 5 4 3 2 1 9 2. Working regionally with local partners to solve significant issues (e.g. transit, housing, etc.) 5 4 3 2 1 9 3. Increase the amount of affordable workforce and senior housing in the Village 5 4 3 2 1 9 4. Improve the Town's resiliency and environmental sustainability 5 4 3 2 1 9 5. Increase the amount of community spaces (i.e. library, plaza, etc.) to create more community focused interaction 5 4 3 2 1 9 6. Maintain and increase public safety, parking, and transit by enhancing our connectivity 5 4 3 2 1 9 13. Are there any issues not included in the Town Council’s Strategic Goals listed above that you feel should be one of the Town’s top priorities? ___(1) Yes: ______________________________ ___(2) No 14. If you could keep one thing the same in Snowmass Village forever, what would it be? _______________________________________________________________________________________ Community Development Questions: 15. Have you utilized Community Development Department services (building & planning) within the past 12 months? ___(1) Yes – answer #15a and #15b ___(2) No – skip #15a. 15a. How satisfied are you with the following aspects of the Community Development Department? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Courtesy of staff 5 4 3 2 1 9 2. Fairness of staff 5 4 3 2 1 9 3. Adequacy of staffing in the department 5 4 3 2 1 9 4. Timeliness and efficiency 5 4 3 2 1 9 5. Providing clear expectations of the process 5 4 3 2 1 9 6. Amount of information required in applications 5 4 3 2 1 9 7. Electronic permit application process 5 4 3 2 1 9 15b. Based on your experience with the Community Development Department, how does the process of working with the Department in Snowmass Village compare to other Jurisdictions? Snowmass Village is... ____(1) Better ____(2) Same ____(3) Worse ____(9) Don’t Know/No Opinion 16. Please indicate if you feel the current amount of art on display in public places within Snowmass Village is “too low”, “too high”, or “just right”. Too Much Just Right Not Enough Don’t Know 1. Amount and availability of public art 5 4 3 9 06-17-19 TC Packet Page 17 of 242 17 17. OPTIONAL: Do you have any comments about the services provided by the Community Development Department that you would like to share? _______________________________________________________________________________________ _______________________________________________________________________________________ Public Works Questions: 18. How satisfied are you with the following aspects of Public Works services in the Town of Snowmass Village? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Overall street maintenance 5 4 3 2 1 9 2. Snow removal 5 4 3 2 1 9 3. Solid waste and recycling services 5 4 3 2 1 9 4. Availability of information on solid waste and recycling services 5 4 3 2 1 9 5. Adequacy of information on how to properly dispose of solid waste 5 4 3 2 1 9 6. Level of service provided for the rates/fees paid for solid waste and recycling services 5 4 3 2 1 9 19. Composting in Snowmass Village: The Town is exploring composting options for residents. Would you be willing to incur higher solid waste rates for the addition of TOSV composting services and bins? ____(1) Yes ____(2) No 20. When driving or riding in an automobile, please rate your level of satisfaction with the following intersections using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied:” Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Brush Creek & Wood Rd. (new roundabout) 5 4 3 2 1 9 2. Wood Rd. & Carriage Way (mini roundabout) 5 4 3 2 1 9 3. Brush Creek Rd. & Owl Creek Rd. (single stop sign) 5 4 3 2 1 9 4. Brush Creek Rd. at Town Park Station / Rodeo 5 4 3 2 1 9 5. Brush Creek & Faraway Rd. 5 4 3 2 1 9 6. Brush Creek & Sinclair Rd. 5 4 3 2 1 9 21. When walking or biking, please rate your level of satisfaction with the following intersections using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied:” Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Brush Creek Rd. & Wood Rd. (new roundabout) 5 4 3 2 1 9 2. Wood Rd. & Carriage Way (mini roundabout) 5 4 3 2 1 9 3. Brush Creek Rd. & Owl Creek Rd. (single stop sign) 5 4 3 2 1 9 4. Brush Creek Rd. at Town Park Station 5 4 3 2 1 9 5. Brush Creek & Faraway Rd. 5 4 3 2 1 9 6. Brush Creek & Sinclair Rd. 5 4 3 2 1 9 22. Which traffic calming measure(s) currently used in Snowmass Village do you find acceptable for improving overall traffic flow and safety in Snowmass Village? And which techniques, if any, would you prefer NOT be used in Snowmass Village? (check all that apply) 06-17-19 TC Packet Page 18 of 242 18 Acceptable Measure NOT Acceptable Measure Don’t Know 1. Stop Sign(s) 5 4 9 2. Yield Sign(s) 5 4 9 3. Roundabout(s) 5 4 9 4. Reduced Speed Limits 5 4 9 5. Crosswalks 5 4 9 6. Pedestrian Activated Rapid Flashing Beacons at Crosswalks 5 4 9 23. Using a scale of 1 to 5, where 5 means “Strongly Support” and 1 means “Strongly Oppose,” please rate your level of support to construct sidewalks / pedestrian walkways at the following locations: Strongly Support Support Neutral Oppose Strongly Oppose Don’t Know 1. Brush Creek Rd. – Owl Creek Rd. to Faraway Rd. 5 4 3 2 1 9 2. Brush Creek Rd. – Faraway Rd. to Wood Rd. 5 4 3 2 1 9 3. Brush Creek Rd. – Wood Rd. to Mountain View 5 4 3 2 1 9 4. Brush Creek Rd. – Mountain View to Snowmass Mall 5 4 3 2 1 9 24. OPTIONAL: Do you have any comments about the services provided by the Public Works Department that you would like to share? _______________________________________________________________________________________ _______________________________________________________________________________________ Police Department Questions: 25. How satisfied are you with the following aspects of Police services in the Town of Snowmass Village? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Animal services 5 4 3 2 1 9 2. Friendliness and approachability 5 4 3 2 1 9 3. Trustworthiness 5 4 3 2 1 9 4. Department’s efforts to prevent crime 5 4 3 2 1 9 5. Enforcement of local traffic laws 5 4 3 2 1 9 6. Enforcement of parking restrictions 5 4 3 2 1 9 7. How quickly personnel respond to emergencies 5 4 3 2 1 9 8. Overall quality of police services 5 4 3 2 1 9 26. Based on your experience, please indicate if you feel the current levels of Police presence is “too low”, “too high”, or “just right”. Too High Just Right Too Low Don’t Know 1. Traffic patrol 5 4 3 9 2. Residential patrol 5 4 3 9 3. Retail/business patrol 5 4 3 9 4. Presence at special events 5 4 3 9 5. Liquor-serving establishments 5 4 3 9 06-17-19 TC Packet Page 19 of 242 19 27. OPTIONAL: Do you have any comments about the services provided by the Police Department that you would like to share? _______________________________________________________________________________________ _______________________________________________________________________________________ Transportation Questions: 28. Would you utilize any of the following programs and/or transportation alternatives to driving your own vehicle if they were offered in Snowmass Village (check all that apply)? ___(1) Car share program (Car To Go) ___(2) Bike share program (We-Cycle) ___(3) Dedicated bike lanes ___(4) None of the above 29a. Do you ride the Village Shuttle? ___(1) Yes – answer #29b. ___(2) No – answer #30 29b. How satisfied are you with the following aspects of Village Shuttle services in the Town of Snowmass Village? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Timely/punctual service 5 4 3 2 1 9 2. Shuttle driver courtesy/helpfulness 5 4 3 2 1 9 3. Ease of access/location of stops and routes 5 4 3 2 1 9 4. Information in brochures and handouts 5 4 3 2 1 9 5. Information at Bus Stops 5 4 3 2 1 9 6. Information on website (www.villageshuttle.com) 5 4 3 2 1 9 7. Information on map apps (Google Maps, Apple Maps, Transit App, etc.) 5 4 3 2 1 9 8. Service hours and frequency 5 4 3 2 1 9 9. Sense of safety 5 4 3 2 1 9 10. Comfort and cleanliness of shuttles 5 4 3 2 1 9 30. How satisfied are you with the following aspects of Parking and Parking Management in the Town of Snowmass Village? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Availability of parking in the winter 5 4 3 2 1 9 2. Availability of parking in the summer 5 4 3 2 1 9 3. Parking permit fees 5 4 3 2 1 9 4. Availability of parking information 5 4 3 2 1 9 31. Based on your experience, please indicate if you feel the current levels of Police presence is “too low”, “too high”, or “just right”. Too High Just Right Too Low Don’t Know 1. Traffic patrol 5 4 3 2 2. Residential patrol 5 4 3 2 3. Retail/business patrol 5 4 3 2 4. Recreational trails patrol 5 4 3 2 5. Presence at special events 5 4 3 2 6. Liquor-serving establishments 5 4 3 2 06-17-19 TC Packet Page 20 of 242 20 32. OPTIONAL: Do you have any comments about the services provided by the Transportation and Parking Department that you would like to share? _______________________________________________________________________________________ _______________________________________________________________________________________ Tourism Questions: 33. How satisfied are you with the following functions of the Tourism Department, and the overall value the community receives for their services? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Appeal of special events offered in the summer 5 4 3 2 1 9 2. Appeal of special events offered in the winter 5 1 3 2 1 9 3. Promotion of Snowmass Village through Marketing, advertising, public relations, etc. 5 4 3 2 1 9 4. Group sales and lodge bookings generated for Snowmass properties 5 4 3 2 1 9 5. Guest services centers at Town Park Station and the Snowmass Mall 5 4 3 2 1 9 34. Based on your experience, please indicate if you feel the current amount of special events hosted in Snowmass Village is “too much”, “not enough”, or “just right.” Too Much Just Right Not Enough Don’t Know 1. Number of special events offered in the summer 5 4 3 9 2. Number of special events offered in the winter 5 4 3 9 35. What is the best way for you to receive information about Tourism events, local offerings, and activities? (Check all that apply.) ___(1) Main tourism website (gosnowmass.com) ___(2) Main town website (tosv.com) ___(3) Bikesnowmass.com ___(4) Hikesnowmass.com ___(5) VIKsnowmass.com ___(6) Guest service centers at Town Park Station and the Snowmass Mall ___(7) Newspapers ___(8) Radio ___(9) E-blasts (emails) ___(10) Posters / fliers ___(11) Mailers ___(12) Social Media ___(13) Other:______________________ 36. OPTIONAL: Do you have any comments about or suggestions for the services provided by the Tourism Department? _________________________________________________________________________________________________ _________________________________________________________________________________________________ Parks, Recreation, and Trails Questions: 37. Based on your experience(s) with our local parks and trails, how satisfied are you with our trail system and rule enforcement? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Trail etiquette exhibited by other trail users 5 4 3 2 1 9 2. Overall enforcement of seasonal trail closures 5 4 3 2 1 9 3. Overall enforcement of leash laws 5 4 3 2 1 9 4. Overall enforcement of trail rules (e.g. no dogs, equestrian only, etc.) 5 4 3 2 1 9 5. Overall enforcement of Nordic trail rules 5 4 3 2 1 9 06-17-19 TC Packet Page 21 of 242 21 6. Condition of park facilities and fields 5 4 3 2 1 9 7. Condition of paved surface trails and paths 5 4 3 2 1 9 8. Connectivity and effectiveness of trail network 5 4 3 2 1 9 9. Adequacy of trail information at trailheads 5 4 3 2 1 9 10. Adequacy of trail information available online 5 4 3 2 1 9 11. Adequacy of wayfinding signage along trails 5 4 3 2 1 9 38. OPTIONAL: Do you have any comments about or suggestions for the services provided by the Parks, Recreation & Trails Department that you would like to share? _______________________________________________________________________________________ _______________________________________________________________________________________ Communications Questions: 39. Do you feel well informed on current issues facing the town? Please select a number from 1 to 10 where 10 means “Extremely Informed” and 1 means “Not at all Informed”. Extremely Informed Not at all Informed 10 9 8 7 6 5 4 3 2 1 40. How do you currently access government news and information, including information about Town services? [Check all that apply.] ___(1) Town website (www.tosv.com) ___(2) Town e-newsletters / alerts ___(3) Newspaper Articles ___(4) Newspaper Advertisements ___(5) Social media (Facebook/Twitter) ___(6) Friends/family/word of mouth ___(7) Forums or meetings ___(8) Grassroots TV / CGTV ___(9) Other:______________________ 41. How satisfied are you with the following aspects of the Town’s Communication efforts? Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please rate your level of satisfaction with the following: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know 1. Overall level/amount of communication 5 4 3 2 1 9 2. Overall timeliness of communication 5 4 3 2 1 9 3. Overall ability to communicate with Town leaders 5 4 3 2 1 9 4. Overall level of opportunity to share my comments/concerns on Town issues 5 4 3 2 1 9 42. Do you feel your voice is adequately heard by the Town? ___(1) Yes ___(2) No ___(3) Don’t Know/No Opinion 42b. IF NO – Please tell us why you do not feel your voice is heard, and/or how we could improve. ____________________________________________________________________________________ ____________________________________________________________________________________ 06-17-19 TC Packet Page 22 of 242 22 Demographics. To help us ensure that our survey is representative of the community, please answer the following demographic questions. 43. Are you a registered voter in Snowmass Village? ___(1) Yes ___(2) No 44. How long have you lived within, or owned property within the Town of Snowmass Village? (Residents only) ___(1) Less than 1 year ___(2) 1-5 years ___(3) 6-15 years ___(4) More than 15 years 45. DO NOT LIVE IN SNOWMASS VILLAGE (from question #1) – What is your zip code? _____________ 46. What is your age? ___(1) < 18 years ___(2) 18 - 28 years ___(3) 29 - 39 years ___(4) 40 - 54 years ___(5) 55 - 64 years ___(6) 64 - 75 years ___(7) > 75 years 47. Would you describe yourself as: ___(1) African-American (non-Hispanic) ___(2) Asian / Pacific Islanders ___(3) Caucasian (non-Hispanic) ___(4) Latino or Hispanic ___(5) Native American or Aleut ___(6) Other 48. What is your approximate combined household annual income? ___ (01) <$49,999k ___ (02) $50k – $74,999 ___ (03) $75k – $99,999 ___ (04) $100k – $149,999 ___ (05) $150k – $249,999 ___ (06) $250k – $399,999 ___ (07) $400k – $599,999 ___ (08) >$600k Prize Drawing: As a way to say thank you for your time, the Town of Snowmass Village will be drawing emails randomly to give away the following prizes: • (2) Two one-day General Admission Passes to JAS Labor Day Festival • (1) One one-year membership to the Snowmass Village Recreation Center • (2) Two $100 gift cards to local businesses To enter the raffle, please enter your email below. Winners will be announced the week of July 29th. Email:____________________________________ ___(1) Yes, sign me up for the Town’s monthly newsletter ___(2) Yes, sign me up for Tourism’s event updates and news This concludes the survey – thank you for your time! Your responses will remain completely confidential 06-17-19 TC Packet Page 23 of 242 23 Town of Snowmass Village Agenda Item Summary Date of Meeting: June 17, 2019 Agenda Item: Ordinance 9, Series 2019, An Amendment to the Land Use and Development Code related to Flood Prevention and associated FIRM Maps—Second Reading and Public Hearing Presented By: Julie Ann Woods, FAICP/MLA, Community Development Director Background: The Town currently has floodplain and wetland regulations under Section 16A-4-40. These regulations restrict development within the 100-year floodplain. Property owners whose land is within the 100-year floodplain are eligible to participate in the National Flood Insurance Program (NFIP), provided the local jurisdiction incorporates the minimum NFIP standards and requirements. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. In return for the local adoption and enforcement of floodplain management regulations, the Federal Emergency Management Agency (FEMA) provides the availability of flood insurance coverage within the community. Staff estimates that approximately a dozen buildings, mostly townhomes (some in Tamarack, some in Country Club Townhomes), are partially located within the Zone A Floodplain. FEMA has worked with the states to adopt minimum standards for consistency throughout the State. The State-adopted standards are more lenient than the Town’s requirements and are intended to provide continuity of regulations as floodplains and wetlands often cross jurisdictional lines. Though many of the standards may not apply in Snowmass Village (e.g. standards for locating mobile home parks within the floodplain), nonetheless, the State requires adoption of these regulations no later than August 15, 2019 in order to stay within the National Floodplain Insurance Program. These new standards are proposed to be incorporated into Section 16A-4-40 as a new subsection (f) (see attached Exhibit A Ordinance No. 9, Series 2019 with the added language). The language specifically states that the additional regulations are subordinate to the Town’s existing, more stringent regulations, which remain in place. On May 15, 2019, the Planning Commission reviewed the proposed text amendment and unanimously approved Resolution No. 3, attached as Exhibit B. 06-17-19 TC Packet Page 24 of 242 24 Review Standards: Section 16A-5-120 Amendments to text of Development Code, subsection ( e ) sets forth the following review criteria in considering a text amendment: (1) Consistent with purposes. The proposed amendment shall be consistent with the purposes of this Development Code. The proposed amendment is consistent with the purposes of the Development Code. Generally, the purposes of the Development Code are to: 1) Establish an efficient development review process; 2) Provide for participation; 3) Protect quality of life; 4) Provide for orderly development of Town; and 5) Implement the Comprehensive Plan. (2) Not conflict with other provisions. The proposed amendment shall not conflict with any other applicable provisions of this Development Code. The proposed amendment does not conflict with any other applicable provisions of the Development Code, since the proposed regulations are considered subordinate to the Town’s more restrictive floodplain and wetland regulations. (3) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. Comprehensive Plan Policy A.1. Promote the Town Resiliency & Sustainability Plan, includes policies related to Watershed Water Quality, including “Minimize negative impacts to watershed quality” and “Improve water quality in Brush Creek to eliminate its Roaring Fork Conservancy designation as an ‘impacted’ waterway.” (4) Public health, safety and welfare. The proposed amendment shall preserve the public health, safety, general welfare and environment and contribute to the orderly development of the Town. The proposed amendment preserves the public health, safety, general welfare and environment and contributes to the orderly development of the Town by reducing impediments within the floodplain as nature takes its course. The amendment also allows those property owners whose land is located within the floodplain to maintain or obtain Federal Flood Insurance for their property. Staff Recommendation: Staff recommends that the Town Council conduct the public hearing, consider any public testimony, then adopt Ordinance No. 9, Series 2019, the new floodplain standards as an amendment to the text of the Land Use and Development Code (LUDC) along with applicable Flood Insurance Rate Maps (FIRM Maps), on second reading. Attachments: 06-17-19 TC Packet Page 25 of 242 25 Exhibit A – Town Council Draft Ordinance 9, Series 2019, adopting new floodplain standards and FIRM Maps for Snowmass Village. Exhibit B - Planning Commission Resolution No. 3, Series 2019, Recommending adoption of new floodplain standards to the Town Council 06-17-19 TC Packet Page 26 of 242 26 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 9 4 SERIES OF 2019 5 AN ORDINANCE AMENDING THE TEXT OF THE LAND USE AND DEVELOPMENT CODE 6 INCORPORATING NEW FLOODPLAIN STANDARDS CONSISTENT WITH THE STATE OF COLORADO 7 FLOODPLAIN REGULATIONS AND ADOPTING APPLICABLE ASSOCIATED FIRM MAPS. 8 9 WHEREAS, The Colorado Water Conservation Board serves as the state liaison with 10 FEMA to coordinate activities and provide support, technical assistance, training, and outreach 11 to local officials in the execution of their duties to identify, prevent, and resolve floodplain 12 management issues; and 13 14 WHEREAS, the Brush Creek and its tributaries have been known to flood in the past and 15 reducing impediments within the 100-year floodplain will help to allow natural flows and 16 reduce property damage; and 17 18 WHEREAS, a public meeting was held before the Snowmass Village Town Council to 19 consider the proposed regulations in order to be consistent with the state-wide program across 20 jurisdictional lines on first reading; and 21 WHEREAS, a public hearing was held before the Snowmass Village Town Council on 22 second reading of this draft ordinance; and 23 WHEREAS, a text amendment was processed pursuant to Section 16A-5-210, 24 Amendments to text of Development Code, and the amendment was evaluated by the Planning 25 Commission, considering the standards of Sec. 16A-5-210(e), Review Standards, and unanimously 26 recommended for approval to the Town Council on May 15, 2019 by Planning Commission 27 Resolution No. 3, Series 2019. 28 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 29 Village, Colorado: 30 Section One: Findings. 31 1. The text amendment is consistent with all the applicable review standards specified within 32 Section 16A-5-210(e), Review Standards of the Municipal Code. The specific findings are: 33 34 06-17-19 TC Packet Page 27 of 242 27 (1) Consistent with purposes. The proposed amendment is consistent with the purposes of 35 the Development Code. 36 37 (2) Not conflict with other provisions. The proposed amendment does not conflict with any 38 other applicable provisions of the Development Code, since the proposed regulations are 39 considered subordinate to the Town’s more restrictive floodplain and wetland regulations. 40 41 (3) Consistent with Comprehensive Plan. The proposed amendment is consistent with the 42 Town of Snowmass Village Comprehensive Plan. Policy A.1. Promote the Town Resiliency & 43 Sustainability Plan includes policies related to Watershed Water Quality, including “Minimize 44 negative impacts to watershed quality” and “Improve water quality in Brush Creek to 45 eliminate its Roaring Fork Conservancy designation as an ‘impacted’ waterway.” 46 47 (4) Public health, safety and welfare. The proposed amendment preserves the public health, 48 safety, general welfare and environment and contributes to the orderly development of the 49 Town by reducing impediments within the floodplain as nature takes its course. 50 51 Section Two: Action. 52 The Town Council hereby approves a text amendment to Section 16A-4-40 by adding subsection 53 (f), such that this section of the code reads as follows: 54 • Sec 16A-4-40. - Floodplain and wetland areas. 55 (a) 56 General Standard. No development shall be allowed that would adversely affect the quantity, 57 quality or accessibility of the water resources of the Town or region, or which would occur at 58 the expense of established water-dependent agricultural activities, or which would result in 59 increased salinization of water courses, loss of minimum stream flows, diminishment of 60 wildlife habitat, or major expenditures to reacquire or redistribute major water resources. 61 Development shall not be allowed to pollute or interfere with the natural changes of the 62 river, stream or other tributary, including erosion and/or sedimentation during construction. 63 Increased on-site drainage shall be accommodated within the parcel to prevent entry into the 64 river or onto its banks. Pools or hot tubs cannot be drained outside the designated building 65 envelope. 66 (b) 67 Floodplains. Floodplains are an extension of the stream channel cross-sections required to 68 accommodate increased stream flow during flood periods. Their obstruction or alteration will 69 alter stream behavior, leading to siltation, stream bank erosion and aggravated flood 70 conditions. All development proposed in an application for PUD, subdivision or special review 71 shall be located outside of the limits of the one-hundred-year floodplain, as depicted on the 72 06-17-19 TC Packet Page 28 of 242 28 most recent edition of the Federal Emergency Management Agency (FEMA) Flood Insurance 73 Rates Maps for areas within the Town. An applicant for a subdivision, PUD or special review 74 proposed in an area where there are no detailed flood elevations depicted on the FEMA maps 75 shall be required to submit a study that identifies the limits of the one-hundred-year 76 floodplain on the property and to locate all proposed development outside of the limits of 77 that area. A professional engineer licensed in the State shall prepare the study. 78 (c) 79 Wetlands. Areas that are considered to be jurisdictional wetlands, as defined by the United 80 States Army Corps of Engineers, are prohibited from development unless appropriate 81 mitigation is approved by the Corps of Engineers, by appropriate permit, or authorization 82 under Section 404 of the Clean Water Act, and by the Town Council. This prohibition shall not 83 apply to the development of a lot subdivided prior to the effective date of this Development 84 Code (September 2, 1998). However, development of such lots shall comply with any 85 wetlands protection and mitigation requirements that may have been applied to the property 86 during the approval of the PUD or subdivision in which it is located. 87 (d) 88 Land Under Water. Whenever there is proposed for development a tract of land partially 89 under water at any time during the year, there shall be excluded from development those 90 areas of the tract that are under water, up to the mean high water mark, except where such a 91 requirement would prevent construction of even one (1) single-family residence within the 92 property. 93 (e) 94 Guarantee. A guarantee must provide in the event a watercourse or riparian area is altered or 95 relocated, that applies to the developer and his or her heirs, successors and assigns that 96 ensures that the flood-carrying capacity and riparian habitat on the parcel is not diminished 97 and that no situation is created which causes additional erosion of streambanks into the 98 watercourse. 99 [New Language is below] 100 101 (f) Additional Requirements. In addition to the regulations set forth above, and in order to 102 maintain eligibility in the National Flood Insurance Program (NFIP), the Town hereby 103 incorporates the following subordinate regulations related to development and the prevention 104 of flooding. 105 106 ARTICLE I - TITLE AND PURPOSE 107 108 109 110 SECTION A. STATUTORY AUTHORIZATION 111 112 The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised 113 06-17-19 TC Packet Page 29 of 242 29 Statutes, delegated the responsibility of local governmental units to adopt regulations 114 designed to minimize flood losses. Therefore, the Town Council of Snowmass Village, Colorado, 115 does hereby adopt the following floodplain management regulations: 116 117 SECTION B. FINDINGS OF FACT 118 119 (1) The flood hazard areas of Snowmass Village are subject to periodic inundation, which can 120 result in loss of life and property, health and safety hazards, disruption of commerce and 121 governmental services, and extraordinary public expenditures for flood protection and relief, 122 all of which adversely affect the health, safety and general welfare of the public. 123 124 (2) These flood losses are created by the cumulative effect of obstructions in floodplains which 125 cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by 126 uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, 127 floodproofed or otherwise protected from flood damage. 128 129 SECTION C. STATEMENT OF PURPOSE 130 131 It is the purpose of this ordinance to promote public health, safety and general welfare and 132 to minimize public and private losses due to flood conditions in specific areas by provisions 133 designed to: 134 135 1. Protect human life and health; 136 137 2. Minimize expenditure of public money for costly flood control projects; 138 139 3. Minimize the need for rescue and relief efforts associated with flooding and 140 generally undertaken at the expense of the general public; 141 142 4. Minimize prolonged business interruptions; 143 144 5. Minimize damage to critical facilities, infrastructure and other public facilities such as water, 145 sewer and gas mains; electric and communications stations; and streets and bridges located in 146 floodplains; 147 148 6. Help maintain a stable tax base by providing for the sound use and development of 149 flood- prone areas in such a manner as to minimize future flood blight areas; and 150 151 7. Insure that potential buyers are notified that property is located in a flood hazard area. 152 153 SECTION D. METHODS OF REDUCING FLOOD LOSSES 154 155 In order to accomplish its purposes, this ordinance uses the following methods: 156 157 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of 158 flood, or cause excessive increases in flood heights or velocities; 159 06-17-19 TC Packet Page 30 of 242 30 160 2. Require that uses vulnerable to floods, including facilities which serve such uses, 161 be protected against flood damage at the time of initial construction; 162 163 3. Control the alteration of natural floodplains, stream channels, and natural protective 164 barriers, which are involved in the accommodation of flood waters; 165 166 4. Control filling, grading, dredging and other development which may increase flood damage; 167 168 5. Prevent or regulate the construction of flood barriers which will unnaturally divert 169 flood waters or which may increase flood hazards to other lands. 170 171 ARTICLE II - DEFINITIONS 172 173 Unless specifically defined below, words or phrases used in this ordinance shall be 174 interpreted to give them the meaning they have in common usage and to give this 175 ordinance its most reasonable application. 176 177 100-YEAR FLOOD - A flood having a recurrence interval that has a one-percent chance of 178 being equaled or exceeded during any given year (1-percent-annual-chance flood). The 179 terms "one- 180 hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year 181 flood." The term does not imply that the flood will necessarily happen once every one hundred 182 years. 183 184 185 100-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of 186 the occurrence of a one-hundred-year flood. 187 188 189 500-YEAR FLOOD - A flood having a recurrence interval that has a 0.2-percent chance of 190 being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The 191 term does not imply that the flood will necessarily happen once every five hundred years. 192 193 194 500-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of 195 the occurrence of a five-hundred-year flood. 196 197 198 ADDITION - Any activity that expands the enclosed footprint or increases the square footage 199 of an existing structure. 200 201 ALLUVIAL FAN FLOODING - A fan-shaped sediment deposit formed by a stream that flows from 202 a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the 203 main stream. Alluvial fans contain active stream channels and boulder bars, and recently 204 06-17-19 TC Packet Page 31 of 242 31 abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are 205 modified by infrequent sheet flood, channel avulsions and other stream processes. 206 207 AREA OF SHALLOW FLOODING - A designated Zone AO or AH on a community's Flood 208 Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to 209 an average depth of one to three feet where a clearly defined channel does not exist, where 210 the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is 211 characterized by ponding or sheet flow. 212 213 BASE FLOOD – The flood which has a one percent chance of being equaled or exceeded in any 214 given year (also known as a 100-year flood). This term is used in the National Flood Insurance 215 Program (NFIP) to indicate the minimum level of flooding to be used by a community in its 216 floodplain management regulations. 217 218 BASE FLOOD ELEVATION (BFE) - The elevation shown on a FEMA Flood Insurance Rate Map for 219 Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that 220 indicates the water surface elevation resulting from a flood that has a one percent chance of 221 equaling or exceeding that level in any given year. 222 223 BASEMENT - Any area of a building having its floor sub-grade (below ground level) on all sides. 224 225 CHANNEL - The physical confine of stream or waterway consisting of a bed and stream 226 banks, existing in a variety of geometries. 227 228 CHANNELIZATION - The artificial creation, enlargement or realignment of a stream channel. 229 230 CODE OF FEDERAL REGULATIONS (CFR) - The codification of the general and permanent 231 Rules published in the Federal Register by the executive departments and agencies of the 232 Federal Government. It is divided into 50 titles that represent broad areas subject to Federal 233 regulation. 234 235 236 COMMUNITY - Any political subdivision in the state of Colorado that has authority to adopt 237 and enforce floodplain management regulations through zoning, including, but not limited 238 to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood 239 control districts. 240 241 CONDITIONAL LETTER OF MAP REVISION (CLOMR) - FEMA's comment on a proposed project, 242 which does not revise an effective floodplain map, that would, upon construction, affect the 243 hydrologic or hydraulic characteristics of a flooding source and thus result in the modification 244 of the existing regulatory floodplain. 245 246 06-17-19 TC Packet Page 32 of 242 32 CRITICAL FACILITY – A structure or related infrastructure, but not the land on which it is 247 situated, as specified in Article 5, Section H, that if flooded may result in significant hazards to 248 public health and safety or interrupt essential services and operations for the community at 249 any time before, during and after a flood. See Article 5, Section H. 250 251 DEVELOPMENT - Any man-made change in improved and unimproved real estate, including 252 but not limited to buildings or other structures, mining, dredging, filling, grading, paving, 253 excavation or drilling operations or storage of equipment or materials. 254 255 DFIRM DATABASE - Database (usually spreadsheets containing data and analyses that 256 accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements 257 for the development and maintenance of DFIRM databases. 258 259 260 DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) - FEMA digital floodplain map. These digital 261 maps serve as “regulatory floodplain maps” for insurance and floodplain management 262 purposes. 263 264 265 ELEVATED BUILDING - A non-basement building (i) built, in the case of a building in Zones A1-266 30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground 267 level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the 268 water and (ii) adequately anchored so as not to impair the structural integrity of the building 269 during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, 270 AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or 271 solid foundation perimeter walls with openings sufficient to facilitate the unimpeded 272 movement of flood waters. 273 274 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park 275 or subdivision for which the construction of facilities for servicing the lots on which the 276 manufactured homes are to be affixed (including, at a minimum, the installation of 277 utilities, the construction of streets, and either final site grading or the pouring of concrete 278 pads) is completed before the effective date of the floodplain management regulations 279 adopted by a community. 280 281 EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- 282 The preparation of additional sites by the construction of facilities for servicing the lots on 283 which the manufactured homes are to be affixed (including the installation of utilities, the 284 construction of streets, and either final site grading or the pouring of concrete pads). 285 286 287 FEDERAL REGISTER - The official daily publication for Rules, proposed Rules, and notices of 288 Federal agencies and organizations, as well as executive orders and other presidential 289 documents. 290 291 292 FEMA - Federal Emergency Management Agency, the agency responsible for administering the 293 06-17-19 TC Packet Page 33 of 242 33 National Flood Insurance Program. 294 295 296 FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation 297 of normally dry land areas from: 298 299 1. The overflow of water from channels and reservoir spillways; 300 2. The unusual and rapid accumulation or runoff of surface waters from any source; 301 or 302 3. Mudslides or mudflows that occur from excess surface water that is combined with mud 303 or other debris that is sufficiently fluid so as to flow over the surface of normally dry land 304 areas (such as earth carried by a current of water and deposited along the path of the 305 current). 306 307 FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, on which the 308 Federal Emergency Management Agency has delineated both the Special Flood Hazard 309 Areas and the risk premium zones applicable to the community. 310 311 FLOOD INSURANCE STUDY (FIS) - The official report provided by the Federal Emergency 312 Management Agency. The report contains the Flood Insurance Rate Map as well as flood 313 profiles for studied flooding sources that can be used to determine Base Flood Elevations for 314 some areas. 315 316 FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated as the 317 result of a flood, including the area of land over which floodwater would flow from the spillway 318 of a reservoir. 319 320 FLOODPLAIN ADMINISTRATOR - The community official designated by title to administer 321 and enforce the floodplain management regulations. 322 323 FLOODPLAIN DEVELOPMENT PERMIT – A permit required before construction or 324 development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined 325 the SFHA within a community, the community shall require permits for all proposed 326 construction or other development in the community including the placement of 327 manufactured homes, so that it may determine whether such construction or other 328 development is proposed within flood-prone areas. Permits are required to ensure that 329 proposed development projects meet the requirements of the NFIP and this floodplain 330 management ordinance. 331 FLOODPLAIN MANAGEMENT - The operation of an overall program of corrective and 332 preventive measures for reducing flood damage, including but not limited to emergency 333 preparedness plans, flood control works and floodplain management regulations. 334 335 FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision regulations, 336 building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, 337 grading ordinance and erosion control ordinance) and other applications of police power. The 338 06-17-19 TC Packet Page 34 of 242 34 term describes such state or local regulations, in any combination thereof, which provide 339 standards for the purpose of flood damage prevention and reduction. 340 341 FLOOD CONTROL STRUCTURE - A physical structure designed and built expressly or partially 342 for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. 343 These specialized flood modifying works are those constructed in conformance with sound 344 engineering standards. 345 346 FLOODPROOFING - Any combination of structural and/or non-structural additions, changes, 347 or adjustments to structures which reduce or eliminate flood damage to real estate or 348 improved real property, water and sanitary facilities, structures and their contents. 349 350 FLOODWAY (REGULATORY FLOODWAY) - The channel of a river or other watercourse and 351 adjacent land areas that must be reserved in order to discharge the base flood without 352 cumulatively increasing the water surface elevation more than a designated height. The 353 Colorado statewide standard for the designated height to be used for all newly studied 354 reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway 355 delineations may continue to use the floodway criteria in place at the time of the existing 356 floodway delineation. 357 358 FREEBOARD - The vertical distance in feet above a predicted water surface elevation intended 359 to provide a margin of safety to compensate for unknown factors that could contribute to 360 flood heights greater than the height calculated for a selected size flood such as debris 361 blockage of bridge openings and the increased runoff due to urbanization of the watershed. 362 363 FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it 364 is located or carried out in close proximity to water. The term includes only docking facilities, 365 port facilities that are necessary for the loading and unloading of cargo or passengers, and 366 ship building and ship repair facilities, but does not include long-term storage or related 367 manufacturing facilities. 368 369 HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to 370 construction next to the proposed walls of a structure. 371 372 HISTORIC STRUCTURE - Any structure that is: 373 374 1. Listed individually in the National Register of Historic Places (a listing maintained by the 375 Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting 376 the requirements for individual listing on the National Register; 377 378 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to 379 the historical significance of a registered historic district or a district preliminarily 380 determined by the Secretary to qualify as a registered historic district; 381 382 3. Individually listed on a state inventory of historic places in states with historic 383 06-17-19 TC Packet Page 35 of 242 35 preservation programs which have been approved by the Secretary of Interior; or 384 385 4. Individually listed on a local inventory of historic places in communities with historic 386 preservation programs that have been certified either: 387 a. By an approved state program as determined by the Secretary of the Interior or; 388 b. Directly by the Secretary of the Interior in states without approved programs. 389 390 LETTER OF MAP REVISION (LOMR) - FEMA's official revision of an effective Flood Insurance 391 Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are 392 generally based on the implementation of physical measures that affect the hydrologic or 393 hydraulic characteristics of a flooding source and thus result in the modification of the 394 existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood 395 Hazard Area (SFHA). 396 397 LETTER OF MAP REVISION BASED ON FILL (LOMR-F) – FEMA’s modification of the Special 398 Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the 399 placement of fill outside the existing regulatory floodway. 400 401 LEVEE – A man-made embankment, usually earthen, designed and constructed in accordance 402 with sound engineering practices to contain, control, or divert the flow of water so as to 403 provide protection from temporary flooding. For a levee structure to be reflected on the FEMA 404 FIRMs as providing flood protection, the levee structure must meet the requirements set forth 405 in 44 CFR 65.10. 406 407 LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated 408 structures, such as closure and drainage devices, which are constructed and operated in 409 accordance with sound engineering practices. 410 411 LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). Any floor 412 used for living purposes which includes working, storage, sleeping, cooking and eating, or 413 recreation or any combination thereof. This includes any floor that could be converted to such 414 a use such as a basement or crawl space. The lowest floor is a determinate for the flood 415 insurance premium for a building, home or business. An unfinished or flood resistant 416 enclosure, usable solely for parking or vehicles, building access or storage in an area other 417 than a basement area is not considered a building's lowest floor; provided that such enclosure 418 is not built so as to render the structure in violation of the applicable non-elevation design 419 requirement of Section 60.3 of the National Flood insurance Program regulations. 420 421 MANUFACTURED HOME - A structure transportable in one or more sections, which is built on 422 a permanent chassis and is designed for use with or without a permanent foundation when 423 connected to the required utilities. The term "manufactured home" does not include a 424 "recreational vehicle". 425 426 MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land 427 divided into two or more manufactured home lots for rent or sale. 428 429 MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the North American 430 06-17-19 TC Packet Page 36 of 242 36 Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a 431 community's Flood Insurance Rate Map are referenced. 432 433 MATERIAL SAFETY DATA SHEET (MSDS) – A form with data regarding the properties of a 434 particular substance. An important component of product stewardship and workplace safety, 435 it is intended to provide workers and emergency personnel with procedures for handling or 436 working with that substance in a safe manner, and includes information such as physical data 437 (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, 438 storage, disposal, protective equipment, and spill-handling procedures. 439 440 NATIONAL FLOOD INSURANCE PROGRAM (NFIP) – FEMA’s program of flood insurance 441 coverage and floodplain management administered in conjunction with the Robert T. Stafford 442 Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations 443 promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the 444 NFIP in 1968 with the passage of the National Flood Insurance Act of 1968. 445 446 NEW CONSTRUCTION – The construction of a new structure (including the placement of a 447 mobile home) or facility or the replacement of a structure or facility which has been totally 448 destroyed. 449 450 NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or 451 subdivision for which the construction of facilities for servicing the lots on which the 452 manufactured homes are to be affixed (including at a minimum, the installation of utilities, 453 the construction of streets, and either final site grading or the pouring of concrete pads) is 454 completed on or after the effective date of floodplain management regulations adopted by a 455 community. 456 457 NO-RISE CERTIFICATION – A record of the results of an engineering analysis conducted to 458 determine whether a project will increase flood heights in a floodway. A No-Rise Certification 459 must be supported by technical data and signed by a registered Colorado Professional 460 Engineer. The supporting technical data should be based on the standard step-backwater 461 computer model used to develop the 100-year floodway shown on the Flood Insurance Rate 462 Map (FIRM) or Flood Boundary and Floodway Map (FBFM). 463 464 PHYSICAL MAP REVISION (PMR) - FEMA’s action whereby one or more map panels are 465 physically revised and republished. A PMR is used to change flood risk zones, floodplain 466 and/or floodway delineations, flood elevations, and/or planimetric features. 467 468 RECREATIONAL VEHICLE - means a vehicle which is: 469 1. Built on a single chassis; 470 2. 400 square feet or less when measured at the largest horizontal projections; 471 3. Designed to be self-propelled or permanently towable by a light duty truck; and 472 4. Designed primarily not for use as a permanent dwelling but as temporary living 473 quarters for recreational, camping, travel, or seasonal use. 474 475 06-17-19 TC Packet Page 37 of 242 37 SPECIAL FLOOD HAZARD AREA – The land in the floodplain within a community subject to a 476 one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. 477 478 START OF CONSTRUCTION - The date the building permit was issued, including substantial 479 improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, 480 addition, placement, or other improvement was within 180 days of the permit date. The actual 481 start means either the first placement of permanent construction of a structure on a site, such 482 as the pouring of slab or footings, the installation of piles, the construction of columns, or any 483 work beyond the stage of excavation; or the placement of a manufactured home on a 484 foundation. Permanent construction does not include land preparation, such as clearing, 485 grading and filling; nor does it include the installation of streets and/or walkways; nor does it 486 include excavation for basement, footings, piers or foundations or the erection of temporary 487 forms; nor does it include the installation on the property of accessory buildings, such as 488 garages or sheds not occupied as dwelling units or not part of the main structure. For a 489 substantial improvement, the actual start of construction means the first alteration of any 490 wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects 491 the external dimensions of the building. 492 493 STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, which 494 is principally above ground, as well as a manufactured home. 495 496 SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost 497 of restoring the structure to its before-damaged condition would equal or exceed 50 498 percent of the market value of the structure just prior to when the damage occurred. 499 500 SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other 501 improvement of a structure, the cost of which equals or exceeds 50 percent of the market 502 value of the structure before "Start of Construction" of the improvement. The value of the 503 structure shall be determined by the local jurisdiction having land use authority in the area of 504 interest. This includes structures which have incurred "Substantial Damage", regardless of the 505 actual repair work performed. The term does not, however, include either: 506 507 1. Any project for improvement of a structure to correct existing violations of state or 508 local health, sanitary, or safety code specifications which have been identified by 509 the local code enforcement official and which are the minimum necessary 510 conditions or 511 512 2. Any alteration of a "historic structure” provided that the alteration will not 513 preclude the structure's continued designation as a "historic structure." 514 515 THRESHOLD PLANNING QUANTITY (TPQ) – A quantity designated for each chemical on the list 516 of extremely hazardous substances that triggers notification by facilities to the State that such 517 facilities are subject to emergency planning requirements. 518 519 VARIANCE - A grant of relief to a person from the requirement of this ordinance when 520 specific enforcement would result in unnecessary hardship. A variance, therefore, permits 521 06-17-19 TC Packet Page 38 of 242 38 construction or development in a manner otherwise prohibited by this ordinance. (For full 522 requirements see Section 60.6 of the National Flood Insurance Program regulations). 523 524 VIOLATION - The failure of a structure or other development to be fully compliant with 525 the community's floodplain management regulations. A structure or other development 526 without the elevation certificate, other certifications, or other evidence of compliance 527 required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to 528 be in violation until such time as that documentation is provided. 529 530 WATER SURFACE ELEVATION - The height, in relation to the North American Vertical Datum 531 (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and 532 frequencies in the floodplains of coastal or riverine areas. 533 534 ARTICLE III - GENERAL PROVISIONS 535 536 537 538 SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES 539 540 The ordinance shall apply to all Special Flood Hazard Areas and areas removed from the 541 floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within 542 the jurisdiction of Snowmass Village, Colorado. 543 544 SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREA 545 546 The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a 547 scientific and engineering report entitled, "The Flood Insurance Study for Pitkin County and 548 Incorporated Areas," dated Revised August 15, 2019, with accompanying Flood Insurance 549 Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) and any revisions 550 thereto are hereby adopted by reference and declared to be a part of this ordinance. These 551 Special Flood Hazard Areas identified by the FIS and attendant mapping are the minimum 552 area of applicability of this ordinance and may be supplemented by studies designated and 553 approved by the Town Council. The Floodplain Administrator shall keep a copy of the Flood 554 Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection. 555 556 SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT 557 558 A Floodplain Development Permit shall be required to ensure conformance with the 559 provisions of this ordinance. 560 561 SECTION D. COMPLIANCE 562 563 No structure or land shall hereafter be located, altered, or have its use changed within the 564 Special Flood Hazard Area without full compliance with the terms of this ordinance and 565 other applicable regulations. Nothing herein shall prevent the Town Council from taking 566 such lawful action as is necessary to prevent or remedy any violation. These regulations 567 meet the minimum requirements as set forth by the Colorado Water Conservation Board 568 and the National Flood Insurance Program. 569 06-17-19 TC Packet Page 39 of 242 39 570 SECTION E. ABROGATION AND GREATER RESTRICTIONS 571 572 This ordinance is not intended to repeal, abrogate, or impair any existing easements, 573 covenants, or deed restrictions. However, where this ordinance and another ordinance, 574 easement, covenant, nor deed restriction conflict or overlap, whichever imposes the more 575 stringent restrictions shall prevail. 576 577 SECTION F. INTERPRETATION 578 579 In the interpretation and application of this ordinance, all provisions shall be: 580 581 1. Considered as minimum requirements; 582 2. Liberally construed in favor of the governing body; and 583 3. Deemed neither to limit nor repeal any other powers granted under State statutes. 584 585 SECTION G. WARNING AND DISCLAIMER OF LIABILITY 586 587 The degree of flood protection required by this ordinance is considered reasonable for 588 regulatory purposes and is based on scientific and engineering considerations. On rare 589 occasions greater floods can and will occur and flood heights may be increased by man-590 made or natural causes. This ordinance does not imply that land outside the Special Flood 591 Hazard Area or uses permitted within such areas will be free from flooding or flood 592 damages. This ordinance shall not create liability on the part of the Community or any 593 official or employee thereof for any flood damages that result from reliance on this 594 ordinance or any administrative decision lawfully made thereunder. 595 596 597 SECTION H. SEVERABILITY 598 599 This ordinance and the various parts thereof are hereby declared to be severable. Should 600 any section of this ordinance be declared by the courts to be unconstitutional or invalid, such 601 decision shall not affect the validity of the ordinance as a whole, or any portion thereof other 602 than the section so declared to be unconstitutional or invalid. 603 604 ARTICLE IV - ADMINISTRATION 605 606 SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR 607 608 The Community Development Director is hereby appointed as Floodplain Administrator to 609 administer, implement and enforce the provisions of this ordinance and other appropriate 610 sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain 611 management. 612 613 SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR 614 615 06-17-19 TC Packet Page 40 of 242 40 Duties and responsibilities of the Floodplain Administrator shall include, but not be limited 616 to, the following: 617 618 1. Maintain and hold open for public inspection all records pertaining to the provisions 619 of this ordinance, including the actual elevation (in relation to mean sea level) of the 620 lowest floor (including basement) of all new or substantially improved structures 621 and any floodproofing certificate required by Article 4, Section C. 622 623 2. Review, approve, or deny all applications for Floodplain Development Permits 624 required by adoption of this ordinance. 625 626 3. Review Floodplain Development Permit applications to determine whether a 627 proposed building site, including the placement of manufactured homes, will be 628 reasonably safe from flooding. 629 630 4. Review permits for proposed development to assure that all necessary permits have 631 been obtained from those Federal, State or local governmental agencies (including 632 Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 633 U.S.C. 1334) from which prior approval is required. 634 635 5. Inspect all development at appropriate times during the period of construction to 636 ensure compliance with all provisions of this ordinance, including proper elevation of 637 the structure. 638 639 6. Where interpretation is needed as to the exact location of the boundaries of the 640 Special Flood Hazard Area (for example, where there appears to be a conflict between 641 a mapped boundary and actual field conditions) the Floodplain Administrator shall 642 make the necessary interpretation. 643 644 7. When Base Flood Elevation data has not been provided in accordance with Article 3, 645 Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any 646 Base Flood Elevation data and Floodway data available from a Federal, State, or other 647 source, in order to administer the provisions of Article 5. 648 649 8. For waterways with Base Flood Elevations for which a regulatory Floodway has not 650 been designated, no new construction, substantial improvements, or other 651 development (including fill) shall be permitted within Zones A1-30 and AE on the 652 community's FIRM, unless it is demonstrated that the cumulative effect of the 653 proposed development, when combined with all other existing and anticipated 654 development, will not increase the water surface elevation of the base flood more 655 than one-half foot at any point within the community. 656 657 9. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood 658 Insurance Program regulations, a community may approve certain development in 659 Zones A1-30, AE, AH, on the community's FIRM which increases the water surface 660 elevation of the base flood by more than one-half foot, provided that the community 661 first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map 662 06-17-19 TC Packet Page 41 of 242 41 Revision), fulfills the requirements for such revisions as established under the 663 provisions of Section 65.12 and receives FEMA approval. 664 665 10. Notify, in riverine situations, adjacent communities and the State Coordinating 666 Agency, which is the Colorado Water Conservation Board, prior to any alteration or 667 relocation of a watercourse, and submit evidence of such notification to FEMA. 668 669 11. Ensure that the flood carrying capacity within the altered or relocated 670 portion of any watercourse is maintained. 671 672 SECTION C. PERMIT PROCEDURES 673 674 Application for a Floodplain Development Permit shall be presented to the Floodplain 675 Administrator on forms furnished by him/her and may include, but not be limited to, plans in 676 duplicate drawn to scale showing the location, dimensions, and elevation of proposed 677 landscape alterations, existing and proposed structures, including the placement of 678 manufactured homes, and the location of the foregoing in relation to Special Flood Hazard 679 Area. Additionally, the following information is required: 680 681 1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of 682 all new and substantially improved structures; 683 684 2. Elevation in relation to mean sea level to which any nonresidential structure 685 shall be floodproofed; 686 687 3. A certificate from a registered Colorado Professional Engineer or architect that 688 the nonresidential floodproofed structure shall meet the floodproofing criteria 689 of Article 5, Section B(2); 690 691 4. Description of the extent to which any watercourse or natural drainage will be 692 altered or relocated as a result of proposed development. 693 5. Maintain a record of all such information in accordance with Article 4, Section B. 694 Approval or denial of a Floodplain Development Permit by the Floodplain Administrator 695 shall be based on all of the provisions of this ordinance and the following relevant factors: 696 697 1. The danger to life and property due to flooding or erosion damage; 698 699 2. The susceptibility of the proposed facility and its contents to flood damage and the 700 effect of such damage on the individual owner; 701 702 3. The danger that materials may be swept onto other lands to the injury of others; 703 704 4. The compatibility of the proposed use with existing and anticipated development; 705 706 06-17-19 TC Packet Page 42 of 242 42 5. The safety of access to the property in times of flood for ordinary and emergency 707 vehicles; 708 709 6. The costs of providing governmental services during and after flood conditions 710 including maintenance and repair of streets and bridges, and public utilities and 711 facilities such as sewer, gas, electrical and water systems; 712 713 7. The expected heights, velocity, duration, rate of rise and sediment transport of 714 the flood waters and the effects of wave action, if applicable, expected at the 715 site; 716 717 8. The necessity to the facility of a waterfront location, where applicable; 718 719 9. The availability of alternative locations, not subject to flooding or erosion damage, 720 for the proposed use; 721 722 10. The relationship of the proposed use to the comprehensive plan for that area. 723 724 SECTION D. VARIANCE PROCEDURES 725 726 1. The Appeal Board or Planning Commission, as established by the Community, 727 shall hear and render judgment on requests for variances from the requirements 728 of this ordinance. 729 730 2. The Appeal Board or Planning Commission, shall hear and render judgment on an 731 appeal only when it is alleged there is an error in any requirement, decision, or 732 determination made by the Floodplain Administrator in the enforcement or 733 administration of this ordinance. 734 735 3. Any person or persons aggrieved by the decision of the Appeal Board may 736 appeal such decision in the courts of competent jurisdiction. 737 738 4. The Floodplain Administrator shall maintain a record of all actions involving an 739 appeal and shall report variances to the Federal Emergency Management Agency 740 upon request. 741 742 5. Variances may be issued for the reconstruction, rehabilitation or restoration of 743 structures listed on the National Register of Historic Places or the State Inventory 744 of Historic Places, without regard to the procedures set forth in the remainder of 745 this ordinance. 746 747 6. Variances may be issued for new construction and substantial improvements to be 748 erected on a lot of one-half acre or less in size contiguous to and surrounded by lots 749 with existing structures constructed below the base flood level, providing the relevant 750 factors in Section C of this Article have been fully considered. As the lot size increases 751 beyond the one-half acre, the technical justification required for issuing the variance 752 increases. 753 754 06-17-19 TC Packet Page 43 of 242 43 7. Upon consideration of the factors noted above and the intent of this ordinance, 755 the Appeal Board or Planning Commission, may attach such conditions to the 756 granting of variances as it deems necessary to further the purpose and objectives 757 of this ordinance as stated in Article 1, Section C. 758 8. Variances shall not be issued within any designated floodway if any increase in flood 759 levels during the base flood discharge would result. 760 761 9. Variances may be issued for the repair or rehabilitation of historic structures upon 762 a determination that the proposed repair or rehabilitation will not preclude the 763 structure's continued designation as a historic structure and the variance is the 764 minimum necessary to preserve the historic character and design of the structure. 765 766 10. Prerequisites for granting variances: 767 768 a. Variances shall only be issued upon a determination that the variance is the 769 minimum necessary, considering the flood hazard, to afford relief. 770 771 b. Variances shall only be issued upon: 772 773 i. Showing a good and sufficient cause; 774 775 ii. A determination that failure to grant the variance would 776 result in exceptional hardship to the applicant, and 777 778 iii. A determination that the granting of a variance will not result in 779 increased flood heights, additional threats to public safety, 780 extraordinary public expense, create nuisances, cause fraud on or 781 victimization of the public, 782 or conflict with existing local laws or ordinances. 783 784 c. Any applicant to whom a variance is granted shall be given written notice that 785 the structure will be permitted to be built with the lowest floor elevation 786 below the Base Flood Elevation, and that the cost of flood insurance will be 787 commensurate with the increased risk resulting from the reduced lowest 788 floor elevation. 789 790 11. Variances may be issued by a community for new construction and substantial 791 improvements and for other development necessary for the conduct of a Functionally 792 Dependent Use provided that: 793 794 a. The criteria outlined in Article 4, Section D (1)-(9) are met, and 795 796 b. The structure or other development is protected by methods that 797 minimize flood damages during the base flood and create no additional 798 threats to public safety. 799 800 SECTION E. PENALITIES FOR NONCOMPLIANCE 801 06-17-19 TC Packet Page 44 of 242 44 802 No structure or land shall hereafter be constructed, located, extended, converted, or altered 803 without full compliance with the terms of this ordinance and other applicable regulations. 804 Violation of the provisions of this ordinance by failure to comply with any of its requirements 805 (including violations of conditions and safeguards established in connection with conditions) 806 shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply 807 with any of its requirements shall upon conviction thereof be fined or imprisoned as provided 808 by the laws of Snowmass Village. Nothing herein contained shall prevent the Town of 809 Snowmass Village from taking such other lawful action as is necessary to prevent or remedy 810 any violation. 811 812 ARTICLE V - PROVISIONS FOR FLOOD HAZARD REDUCTION 813 814 SECTION A. GENERAL STANDARDS 815 816 In all Special Flood Hazard Areas the following provisions are required for all new 817 construction and substantial improvements: 818 819 1. All new construction or substantial improvements shall be designed (or modified) 820 and adequately anchored to prevent flotation, collapse or lateral movement of 821 the structure resulting from hydrodynamic and hydrostatic loads, including the 822 effects of buoyancy; 823 824 2. All new construction or substantial improvements shall be constructed by 825 methods and practices that minimize flood damage; 826 827 3. All new construction or substantial improvements shall be constructed with 828 materials resistant to flood damage; 829 830 4. All new construction or substantial improvements shall be constructed with 831 electrical, heating, ventilation, plumbing, and air conditioning equipment and other 832 service facilities that are designed and/or located so as to prevent water from 833 entering or accumulating within the components during conditions of flooding; 834 835 5. All manufactured homes shall be installed using methods and practices which 836 minimize flood damage. For the purposes of this requirement, manufactured homes 837 must be elevated and anchored to resist flotation, collapse, or lateral movement. 838 Methods of anchoring may 839 include, but are not limited to, use of over-the-top or frame ties to ground anchors. 840 This requirement is in addition to applicable State and local anchoring requirements 841 for resisting wind forces. 842 843 6. All new and replacement water supply systems shall be designed to minimize or 844 eliminate infiltration of flood waters into the system; 845 846 06-17-19 TC Packet Page 45 of 242 45 7. New and replacement sanitary sewage systems shall be designed to minimize or 847 eliminate infiltration of flood waters into the system and discharge from the systems 848 into flood waters; and, 849 850 8. On-site waste disposal systems shall be located to avoid impairment to 851 them or contamination from them during flooding. 852 853 SECTION B. SPECIFIC STANDARDS 854 855 In all Special Flood Hazard Areas where base flood elevation data has been provided as set 856 forth in (i) Article 3, Section B, (ii) Article 4, Section B(7), or (iii) Article 5, Section G, the 857 following provisions are required: 858 859 1. RESIDENTIAL CONSTRUCTION 860 861 New construction and Substantial Improvement of any residential structure shall 862 have the lowest floor (including basement), electrical, heating, ventilation, plumbing, 863 and air conditioning equipment and other service facilities (including ductwork), 864 elevated to one foot above the base flood elevation. Upon completion of the 865 structure, the elevation of the lowest floor, including basement, shall be certified by 866 a registered Colorado Professional Engineer, architect, or land surveyor. Such 867 certification shall be submitted to the Floodplain Administrator. 868 869 2. NONRESIDENTIAL CONSTRUCTION 870 871 With the exception of Critical Facilities, outlined in Article 5, Section H, new 872 construction and Substantial Improvements of any commercial, industrial, or other 873 nonresidential structure shall either have the lowest floor (including basement), 874 electrical, heating, ventilation, plumbing, and air conditioning equipment and other 875 service facilities (including ductwork), elevated to one foot above the base flood 876 elevation or, together with attendant utility and sanitary facilities, be designed so that 877 at one foot above the base flood elevation the structure is watertight with walls 878 substantially impermeable to the passage of water and with structural components 879 having the capability of resisting hydrostatic and hydrodynamic loads and effects of 880 buoyancy. 881 882 A registered Colorado Professional Engineer or architect shall develop and/or review 883 structural design, specifications, and plans for the construction, and shall certify that 884 the design and methods of construction are in accordance with accepted standards 885 of practice as outlined in this subsection. Such certification shall be maintained by 886 the Floodplain Administrator, as proposed in Article 4, Section C. 887 888 3. ENCLOSURES 889 890 New construction and substantial improvements, with fully enclosed areas below the 891 06-17-19 TC Packet Page 46 of 242 46 lowest floor that are usable solely for parking of vehicles, building access, or storage in 892 an area other than a basement and which are subject to flooding shall be designed to 893 automatically equalize hydrostatic flood forces on exterior walls by allowing for the 894 entry and exit of floodwaters. 895 896 Designs for meeting this requirement must either be certified by a registered Colorado 897 Professional Engineer or architect or meet or exceed the following minimum criteria: 898 899 a. A minimum of two openings having a total net area of not less than one 900 square inch for every square foot of enclosed area subject to flooding shall 901 be provided. 902 b. The bottom of all openings shall be no higher than one foot above 903 grade. 904 c. Openings may be equipped with screens, louvers, valves, or other 905 coverings or devices provided that they permit the automatic entry and 906 exit of floodwaters. 907 908 4. MANUFACTURED HOMES 909 910 All manufactured homes that are placed or substantially improved within Zones A1-911 30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured 912 home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) 913 in an expansion to an existing manufactured home park or subdivision, or (iv) in an 914 existing manufactured home park or subdivision on which manufactured home has 915 incurred "substantial damage" as a result of a flood, be elevated on a permanent 916 foundation such that the lowest floor of the manufactured home, electrical, 917 heating, ventilation, plumbing, and air conditioning equipment and other service 918 facilities (including ductwork), are elevated to one foot above the base flood 919 elevation and be securely anchored to an adequately anchored foundation system 920 to resist flotation, collapse, and lateral movement. 921 922 All manufactured homes placed or substantially improved on sites in an existing 923 manufactured home park or subdivision within Zones A1-30, AH and AE on the 924 community's FIRM that are not subject to the provisions of the above paragraph, shall 925 be elevated so that either: 926 927 a. The lowest floor of the manufactured home, electrical, heating, ventilation, 928 plumbing, and air conditioning equipment and other service facilities (including 929 ductwork), are one foot above the base flood elevation, or 930 931 b. The manufactured home chassis is supported by reinforced piers or other 932 foundation elements of at least equivalent strength that are no less than 36 933 inches in height above grade and be securely anchored to an adequately 934 anchored foundation system to resist flotation, collapse, and lateral 935 movement. 936 937 5. RECREATIONAL VEHICLES 938 06-17-19 TC Packet Page 47 of 242 47 939 All recreational vehicles placed on sites within Zones A1-30, AH, and AE on 940 the community's FIRM either: 941 942 a. Be on the site for fewer than 180 consecutive 943 days, 944 b. Be fully licensed and ready for highway use, 945 or 946 c. Meet the permit requirements of Article 4, Section C, and the elevation and 947 anchoring requirements for "manufactured homes" in paragraph (4) of this 948 section. 949 950 A recreational vehicle is ready for highway use if it is on its wheels or jacking 951 system, is attached to the site only by quick disconnect type utilities and security 952 devices, and has no permanently attached additions. 953 954 955 SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) 956 957 Located within the Special Flood Hazard Area established in Article 3, Section B, are areas 958 designated as shallow flooding. These areas have special flood hazards associated with base 959 flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the 960 path of flooding is unpredictable and where velocity flow may be evident. Such flooding is 961 characterized by ponding or sheet flow; therefore, the following provisions apply: 962 1. RESIDENTIAL CONSTRUCTION 963 964 All new construction and Substantial Improvements of residential structures must 965 have the lowest floor (including basement), electrical, heating, ventilation, plumbing, 966 and air conditioning equipment and other service facilities (including ductwork), 967 elevated above the highest adjacent grade at least one foot above the depth number 968 specified in feet on the community's FIRM (at least three feet if no depth number is 969 specified). Upon completion of the structure, the elevation of the lowest floor, 970 including basement, shall be certified by a registered Colorado Professional Engineer, 971 architect, or land surveyor. Such certification shall be submitted to the Floodplain 972 Administrator. 973 974 2. NONRESIDENTIAL CONSTRUCTION 975 976 With the exception of Critical Facilities, outlined in Article 5, Section H, all new 977 construction and Substantial Improvements of non-residential structures, must have 978 the lowest floor (including basement), electrical, heating, ventilation, plumbing, and 979 air conditioning equipment and other service facilities (including ductwork), elevated 980 above the highest adjacent grade at least one foot above the depth number specified 981 in feet on the community's FIRM (at least three feet if no depth number is specified), 982 or together with attendant utility and sanitary facilities, be designed so that the 983 structure is watertight to at least one foot above the base flood level with walls 984 06-17-19 TC Packet Page 48 of 242 48 substantially impermeable to the passage of water and with structural components 985 having the capability of resisting hydrostatic and hydrodynamic loads of effects of 986 buoyancy. A registered Colorado Professional Engineer or architect shall submit a 987 certification to the Floodplain Administrator that the standards of this Section, as 988 proposed in Article 4, Section C, are satisfied. 989 990 Within Zones AH or AO, adequate drainage paths around structures on slopes are 991 required to guide flood waters around and away from proposed structures. 992 993 SECTION D. FLOODWAYS 994 995 Floodways are administrative limits and tools used to regulate existing and future floodplain 996 development. The State of Colorado has adopted Floodway standards that are more stringent 997 than the FEMA minimum standard (see definition of Floodway in Article 2). Located within 998 Special Flood Hazard Area established in Article 3, Section B, are areas designated as 999 Floodways. Since the Floodway is an extremely hazardous area due to the velocity of 1000 floodwaters which carry debris, potential projectiles and erosion potential, the following 1001 provisions shall apply: 1002 1003 1. Encroachments are prohibited, including fill, new construction, substantial 1004 improvements and other development within the adopted regulatory Floodway unless 1005 it has been demonstrated through hydrologic and hydraulic analyses performed by a 1006 licensed Colorado Professional Engineer and in accordance with standard engineering 1007 practice that the proposed encroachment would not result in any increase (requires a 1008 No-Rise Certification) in flood levels within the community during the occurrence of 1009 the base flood discharge. 1010 1011 2. If Article 5, Section D (1) above is satisfied, all new construction and substantial 1012 improvements shall comply with all applicable flood hazard reduction provisions of 1013 Article 5. 1014 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood 1015 Insurance Regulations, a community may permit encroachments within the adopted 1016 regulatory floodway that would result in an increase in Base Flood Elevations, 1017 provided that the community first applies for a CLOMR and floodway revision 1018 through FEMA. 1019 1020 SECTION E. ALTERATION OF A WATERCOURSE 1021 1022 For all proposed developments that alter a watercourse within a Special Flood Hazard 1023 Area, the following standards apply: 1024 1025 1. Channelization and flow diversion projects shall appropriately consider issues of 1026 sediment transport, erosion, deposition, and channel migration and properly 1027 mitigate potential problems through the project as well as upstream and 1028 downstream of any improvement activity. A detailed analysis of sediment 1029 transport and overall channel stability should be considered, when appropriate, to 1030 06-17-19 TC Packet Page 49 of 242 49 assist in determining the most appropriate design. 1031 2. Channelization and flow diversion projects shall evaluate the residual 100-year 1032 floodplain. 1033 3. Any channelization or other stream alteration activity proposed by a project 1034 proponent must be evaluated for its impact on the regulatory floodplain and be in 1035 compliance with all applicable Federal, State and local floodplain rules, regulations 1036 and ordinances. 1037 4. Any stream alteration activity shall be designed and sealed by a registered Colorado 1038 Professional Engineer or Certified Professional Hydrologist. 1039 5. All activities within the regulatory floodplain shall meet all applicable Federal, State and 1040 Snowmass Village floodplain requirements and regulations. 1041 6. Within the Regulatory Floodway, stream alteration activities shall not be 1042 constructed unless the project proponent demonstrates through a Floodway 1043 analysis and report, sealed by a registered Colorado Professional Engineer, that 1044 there is not more than a 0.00-foot rise in the proposed conditions compared to 1045 existing conditions Floodway resulting from the project, otherwise known as a No-1046 Rise Certification, unless the community first applies for a CLOMR and Floodway 1047 revision in accordance with Section D of this Article. 1048 7. Maintenance shall be required for any altered or relocated portions of 1049 watercourses so that the flood-carrying capacity is not diminished. 1050 1051 SECTION F. PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL 1052 1053 A Floodplain Development Permit shall not be issued for the construction of a new structure 1054 or addition to an existing structure on a property removed from the floodplain by the 1055 issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure 1056 or addition complies with the following: 1057 1058 1. RESIDENTIAL CONSTRUCTION 1059 1060 The lowest floor (including basement), electrical, heating, ventilation, plumbing, and 1061 air conditioning equipment and other service facilities (including ductwork), must be 1062 elevated to one foot above the Base Flood Elevation that existed prior to the 1063 placement of fill. 1064 1065 2. NONRESIDENTIAL CONSTRUCTION 1066 1067 The lowest floor (including basement), electrical, heating, ventilation, plumbing, and 1068 air conditioning equipment and other service facilities (including ductwork), must be 1069 elevated to one foot above the Base Flood Elevation that existed prior to the 1070 placement of fill, or together with attendant utility and sanitary facilities be designed 1071 so that the structure or addition is watertight to at least one foot above the base 1072 flood level that existed prior to the placement of fill with walls substantially 1073 impermeable to the passage of water and with structural components having the 1074 capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 1075 1076 SECTION G. STANDARDS FOR SUBDIVISION PROPOSALS 1077 1078 06-17-19 TC Packet Page 50 of 242 50 1. All subdivision proposals including the placement of manufactured home parks and 1079 subdivisions shall be reasonably safe from flooding. If a subdivision or other 1080 development proposal is in a flood-prone area, the proposal shall minimize flood 1081 damage. 1082 1083 2. All proposals for the development of subdivisions including the placement of 1084 manufactured home parks and subdivisions shall meet Floodplain Development 1085 Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions 1086 of Article 5 of this ordinance. 1087 1088 3. Base Flood Elevation data shall be generated for subdivision proposals and other 1089 proposed development including the placement of manufactured home parks and 1090 subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not 1091 otherwise provided pursuant to Article 3, Section B or Article 4, Section B of this 1092 ordinance. 1093 1094 4. All subdivision proposals including the placement of manufactured home parks 1095 and subdivisions shall have adequate drainage provided to reduce exposure to 1096 flood hazards. 1097 1098 5. All subdivision proposals including the placement of manufactured home parks and 1099 subdivisions shall have public utilities and facilities such as sewer, gas, electrical and 1100 water systems located and constructed to minimize or eliminate flood damage. 1101 1102 SECTION H. STANDARDS FOR CRITICAL FACILITIES 1103 1104 A Critical Facility is a structure or related infrastructure, but not the land on which it is 1105 situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in 1106 Colorado, that if flooded may result in significant hazards to public health and safety or 1107 interrupt essential services and operations for the community at any time before, during 1108 and after a flood. 1109 1110 1. CLASSIFICATION OF CRITICAL FACILITIES 1111 1112 It is the responsibility of the Town Council to identify and confirm that specific 1113 structures in their community meet the following criteria: 1114 1115 Critical Facilities are classified under the following categories: (a) Essential 1116 Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring 1117 Normal Services. 1118 1119 a. Essential services facilities include public safety, emergency response, 1120 emergency medical, designated emergency shelters, communications, 1121 public utility plant facilities, and transportation lifelines. 1122 1123 These facilities consist of: 1124 i. Public safety (police stations, fire and rescue stations, emergency vehicle 1125 06-17-19 TC Packet Page 51 of 242 51 and equipment storage, and, emergency operation centers); 1126 ii. Emergency medical (hospitals, ambulance service centers, urgent care 1127 centers having emergency treatment functions, and non-ambulatory 1128 surgical structures but excluding clinics, doctors offices, and non-urgent 1129 care medical structures that do not provide these functions); 1130 iii. Designated emergency shelters; 1131 iv. Communications (main hubs for telephone, broadcasting equipment 1132 for cable systems, satellite dish systems, cellular systems, television, 1133 radio, and other 1134 emergency warning systems, but excluding towers, poles, lines, cables, 1135 and 1136 conduits); 1137 v. Public utility plant facilities for generation and distribution ( hubs, 1138 treatment plants, substations and pumping stations for water, power 1139 and gas, but not including towers, poles, power lines, buried pipelines, 1140 transmission lines, distribution lines, and service lines); and 1141 vi. Air Transportation lifelines (airports (municipal and larger), helicopter 1142 pads and structures serving emergency functions, and associated 1143 infrastructure (aviation control towers, air traffic control centers, and 1144 emergency equipment aircraft hangars). 1145 1146 Specific exemptions to this category include wastewater treatment plants 1147 (WWTP), non-potable water treatment and distribution systems, and 1148 hydroelectric power generating plants and related appurtenances. 1149 1150 Public utility plant facilities may be exempted if it can be demonstrated to the 1151 satisfaction of the Town Council that the facility is an element of a redundant 1152 system for which service will not be interrupted during a flood. At a 1153 minimum, it shall be demonstrated that redundant facilities are available 1154 (either owned by the same utility or available through an intergovernmental 1155 agreement or other contract) and connected, the alternative facilities are 1156 either located outside of the 100-year floodplain or are compliant with the 1157 provisions of this Article, and an operations plan is in effect that states how 1158 redundant systems will provide service to the affected area in the event of a 1159 flood. Evidence of ongoing redundancy shall be provided to the Town Council 1160 on an as-needed basis upon request. 1161 1162 b. Hazardous materials facilities include facilities that produce or store highly 1163 volatile, flammable, explosive, toxic and/or water-reactive materials. 1164 1165 These facilities may include: 1166 i. Chemical and pharmaceutical plants (chemical plant, 1167 pharmaceutical manufacturing); 1168 ii. Laboratories containing highly volatile, flammable, explosive, toxic 1169 and/or water-reactive materials; 1170 iii. Refineries; 1171 iv. Hazardous waste storage and disposal sites; and 1172 06-17-19 TC Packet Page 52 of 242 52 v. Above ground gasoline or propane storage or sales centers. 1173 1174 Facilities shall be determined to be Critical Facilities if they produce or 1175 store materials in excess of threshold limits. If the owner of a facility is 1176 required by the Occupational Safety and Health Administration (OSHA) to 1177 keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored 1178 or used in the work place, AND the chemical(s) is stored in quantities equal 1179 to or greater than the Threshold Planning Quantity (TPQ) for that chemical, 1180 then that facility shall be considered to be a Critical Facility. The TPQ for 1181 these chemicals is: either 500 pounds or the TPQ listed (whichever is 1182 lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also 1183 known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any 1184 other chemical. This threshold is consistent with the requirements for 1185 reportable chemicals established by the Colorado Department of Health 1186 and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1187 1910 (2010). The Environmental Protection Agency (EPA) regulation 1188 “Designation, Reportable Quantities, and Notification,” 40 C.F.R. § 302 1189 (2010) and OSHA regulation “Occupational Safety and Health Standards,” 1190 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include 1191 the regulations in existence at the time of the promulgation this ordinance, 1192 but exclude later amendments to or editions of the regulations. 1193 1194 Specific exemptions to this category include: 1195 1196 i. Finished consumer products within retail centers and households 1197 containing hazardous materials intended for household use, and 1198 agricultural products intended for agricultural use. 1199 ii. Buildings and other structures containing hazardous materials for 1200 which it can be demonstrated to the satisfaction of the local 1201 authority having jurisdiction by hazard assessment and certification 1202 by a qualified professional (as determined by the local jurisdiction 1203 having land use authority) that a release of the subject hazardous 1204 material does not pose a major threat to the public. 1205 iii. Pharmaceutical sales, use, storage, and distribution centers that do not 1206 manufacture pharmaceutical products. 1207 1208 These exemptions shall not apply to buildings or other structures that also 1209 function as Critical Facilities under another category outlined in this Article. 1210 1211 c. At-risk population facilities include medical care, congregate care, and schools. 1212 1213 These facilities consist of: 1214 i. Elder care ( nursing homes); 1215 ii. Congregate care serving 12 or more individuals ( day care and 1216 assisted living); 1217 iii. Public and private schools (pre-schools, K-12 schools), before-school 1218 06-17-19 TC Packet Page 53 of 242 53 and 1219 after-school care serving 12 or more children); 1220 1221 d. Facilities vital to restoring normal services including government operations. 1222 1223 These facilities consist of: 1224 i. Essential government operations (public records, courts, jails, 1225 building permitting and inspection services, community 1226 administration and management, maintenance and equipment 1227 centers); 1228 ii. Essential structures for public colleges and universities 1229 (dormitories, offices, and classrooms only). 1230 1231 These facilities may be exempted if it is demonstrated to the Town Council 1232 that the facility is an element of a redundant system for which service will not 1233 be interrupted during a flood. At a minimum, it shall be demonstrated that 1234 redundant facilities are available (either owned by the same entity or available 1235 through an intergovernmental agreement or other contract), the alternative 1236 facilities are either located outside of the 100-year floodplain or are compliant 1237 with this ordinance, and an operations plan is in effect that states how 1238 redundant facilities will provide service to the affected area in the event of a 1239 flood. Evidence of ongoing redundancy shall be provided to the Town Council 1240 on an as-needed basis upon request. 1241 1242 2. PROTECTION FOR CRITICAL FACILITIES 1243 1244 All new and substantially improved Critical Facilities and new additions to Critical 1245 Facilities located within the Special Flood Hazard Area shall be regulated to a higher 1246 standard than structures not determined to be Critical Facilities. For the purposes of 1247 this ordinance, protection shall include one of the following: 1248 1249 a. Location outside the Special Flood Hazard Area; or 1250 1251 b. Elevation of the lowest floor or floodproofing of the structure, together with 1252 attendant utility and sanitary facilities, to at least two feet above the Base 1253 Flood Elevation. 1254 1255 3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES 1256 1257 New Critical Facilities shall, when practicable as determined by the Town Council, 1258 have continuous non-inundated access (ingress and egress for evacuation and 1259 emergency services) during a100-year flood event. 1260 1261 1262 06-17-19 TC Packet Page 54 of 242 54 Section Three: Severability. If any provision of this Ordinance or application hereof to 1263 any person or circumstance is held invalid, the invalidity shall not affect any other 1264 provision or application of this Ordinance which can be given effect without the invalid 1265 provision or application, and, to this end, the provisions of this Ordinance are severable. 1266 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the 1267 Town Council of the Town of Snowmass Village at First Reading on June 3rd, 1268 2019 upon the motion of Council Member Goode, the second of, Council 1269 Member Madsen and upon a vote of 4 in favor and 0 opposed. Mayor Butler was 1270 absent. 1271 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 1272 Town of Snowmass Village on __________, 2019 upon a motion by Town Council Member 1273 _____, the second of Town Council Member _____, and upon a vote of ___ in favor and 1274 ___ against. 1275 1276 1277 TOWN OF SNOWMASS VILLAGE 1278 Town Council 1279 1280 1281 By: ___________________________________ 1282 Robert Sirkus, Mayor Pro-tem 1283 ATTEST: 1284 1285 1286 ______________________________________ 1287 Rhonda B. Coxon, Town Clerk 1288 1289 APPROVED AS TO FORM: 1290 06-17-19 TC Packet Page 55 of 242 55 1291 ______________________________________ 1292 John C. Dresser, Jr. Town Attorney 1293 1294 06-17-19 TC Packet Page 56 of 242 56 TOWNOFSNOWMASSVILLAGEPLANNINGCOMMISSIONRESOLUTIONNO.3SERIES OF2019ARESOLUTIONRECOMMENDINGAPPROVALTOTOWNCOUNCILOFALANDUSEANDDEVELOPMENTCODETEXTAMENDMENTINCORPORATINGNEWFLOODPLAINSTANDARDSCONSISTENTWITHTHE STATEOFCOLORADOFLOODPLAINREGULATIONS.WHEREAS,TheColoradoWaterConservationBoardservesasthestateliaisonwithFEMAtocoordinateactivitiesandprovidesupport,technicalassistance,training,andoutreachtolocalofficialsintheexecutionoftheirdutiestoidentify,prevent,andresolvefloodplainmanagementissues; andWHEREAS,theBrushCreekanditstributarieshavebeenknowntofloodinthepastandreducingimpedimentswithinthe100-yearfloodplainwillhelptoallownaturalflowsandreducepropertydamage;andWHEREAS,apublicmeetingwas heldbeforetheSnowmassVillagePlanningCommissiontoconsidertheproposedregulationsinordertobeconsistentwiththestate-wideprogramacross jurisdictionallines;andWHEREAS,atextamendmentwasprocessedpursuanttoSection16A-5-210,Amendmentsto textofDevelopmentCode,andtheamendmentwasevaluatedbythePlanningCommission,consideringthe standardsofSec.16A-5-210(e),ReviewStandards.NOW,THEREFORE,BEITRESOLVEDbythePlanning CommissionoftheTownofSnowmassVillage,Colorado:SectionOne:Findings.1.Thetextamendmentisconsistentwithalltheapplicablereviewstandardsspecified withinSection1GA-5-210(e), ReviewStandardsoftheMunicipalCode. Thespecific findingsare:(1)Consistentwithpurposes.TheproposedamendmentisconsistentwiththepurposesoftheDevelopmentCode.(2)Notconflictwithotherprovisions.TheproposedamendmentdoesnotconflictwithanyotherapplicableprovisionsoftheDevelopmentCode,sincetheproposedregulationsareconsideredsubordinatetotheTown’smorerestrictivefloodplainandwetlandregulations.106-17-19 TC PacketPage 57 of 24257 (3)ConsistentwithComprehensivePlan.TheproposedamendmentisconsistentwiththeTownofSnowmassVillageComprehensivePlan.Policy A.1.PromotetheTownResiliency&SustainabilityPlanincludespoliciesrelatedtoWatershedWaterQuality,including“Minimizenegativeimpactstowatershedquality”and“ImprovewaterqualityinBrushCreektoeliminateitsRoaringForkConservancydesignationasan‘impacted’waterway.”(4)Publichealth,safetyandwelfare.Theproposedamendmentpreservesthepublichealth,safety, generalwelfareandenvironmentandcontributestotheorderlydevelopmentoftheTownbyreducingimpedimentswithinthefloodplainasnaturetakesitscourse.SectionTwo:Action.ThePlanningCommissionhereby recommendsapprovalofatextamendmenttoSection16A-4-40byaddingsubsection(f),suchthatthissectionofthecodeshouldreadasfollows:Sec1GA-4-40.-Floodplainandwetlandareas.(a)GeneralStandard.Nodevelopmentshallbeallowedthatwouldadversely affectthequantity,qualityoraccessibilityofthewaterresourcesoftheTownorregion,orwhichwould occurattheexpenseofestablishedwater-dependentagricultural activities,orwhichwouldresultinincreasedsalinizationofwatercourses,lossofminimumstreamflows,diminishmentofwildlifehabitat,ormajorexpehditurestoreacquireorredistributemajorwaterresoârces.Developmentshallnotbeallowedtopolluteorinterferewiththenatural changesoftheriver,streamorothertributary,includingerosionand/orsedimentationduringconstruction.Increasedon-sitedrainageshallbeaccommodatedwithintheparceltoprevententryintotheriverorontoitsbanks.Poolsorhottubscannotbedrainedoutside the designatedbuildingenvelope.(b)Floodplains.Floodplainsareanextensionofthestreamchannelcross-sectionsrequiredtoaccommodateincreasedstreamflowduringfloodperiods.Theirobstructionoralterationwillalterstreambehavior, leadingtosiltation,streambankerosionandaggravatedfloodconditions.AlldevelopmentproposedinanapplicationforPUD,subdivisionorspecialreviewshallbelocatedoutsideofthelimitsoftheone-hundred-yearfloodplain,asdepictedonthemostrecenteditionoftheFederalEmergencyManagementAgency(FEMA)FloodInsuranceRates MapsforareaswithintheTown.Anapplicantforasubdivision,PUDorspecial reviewproposedinanareawheretherearenodetailedfloodelevations depictedontheFEMAmapsshallberequiredtosubmitastudythatidentifiesthelimits oftheone-hundred-yearfloodplainonthepropertyandtolocateallproposeddevelopmentoutsideofthelimitsofthatarea.AprofessionalengineerlicensedintheStateshallpreparethestudy.206-17-19 TC PacketPage 58 of 24258 (c)Wetlands.Areasthatareconsideredtobeiurisdictionalwetlands,asdefinedbytheUnitedStatesArmyCorps ofEngineers,areprohibitedfromdevelopmentunlessappropriatemitigationisapprovedbytheCorps ofEngineers,byappropriatepermit,orauthorizationunderSection 404oftheCleanWaterAct,andbytheTownCouncil.Thisprohibitionshallnotapplytothedevelopmentofalotsubdividedpriortotheeffectivedateofthis DevelopmentCode(September2,1998).However,developmentofsuchlotsshallcomplywithanywetlandsprotectionandmitigationrequirementsthatmayhavebeenappliedtothe propertyduringtheapprovalofthePUDorsubdivisioninwhichitislocated.(d)LandUnderWater.Wheneverthereisproposedfordevelopmentatractoflandpartiallyunderwateratanytimeduringtheyear,thereshall beexcludedfromdevelopment thoseareasofthetractthatareunder water,uptothemeanhighwatermark,exceptwheresucharequirementwouldpreventconstructionofevenone(1)single-familyresidencewithintheproperty.Ce)Guarantee.Aguaranteemustprovideintheeventawatercourseorriparianareaisalteredorrelocated,thatappliestothedeveloperandhisorherheirs,successorsandassignsthatensuresthattheflood-carryingcapacityand riparianhabitatontheparcelisnotdiminishedandthatnosituationiscreatedwhichcausesadditionalerosionofstreambanksintothewatercourse.[NewLanguageisbelow](f)AdditionalRequirements.Inadditiontotheregulationssetforthabove,andinordertomaintaineligibilityintheNationalFloodInsuranceProgram(NFIP),theTownherebyincorporatesthefollowingsubordinateregulationsrelatedtodevelopmentandthepreventionofflooding.ARTICLEI-TITLEANDPURPOSESECTIONA.STATUTORYAUTHORIZATIONTheLegislatureoftheStateofColoradohas,inTitle29,Article20oftheColoradoRevisedStatutes,delegatedtheresponsibility oflocalgovernmentalunitstoadoptregulationsdesignedtominimizefloodlosses.Therefore,theTownCouncilofSnowmassVillage,Colorado,doesherebyadoptthefollowingfloodplainmanagementregulations:SECTIONB.FINDINGSOFFACT(1)ThefloodhazardareasofSnowmassVillagearesubject toperiodicinundation,whichcan306-17-19 TC PacketPage 59 of 24259 resultinlossoflifeandproperty,healthandsafetyhazards,disruptionofcommerceandgovernmentalservices, andextraordinarypublicexpendituresforfloodprotectionandrelief,allofwhichadverselyaffectthehealth,safetyandgeneralwelfareofthepublic.(2)Thesefloodlossesarecreatedbythecumulativeeffectofobstructionsinfloodplainswhichcauseanincreaseinfloodheightsand velocities, andbytheoccupancyoffloodhazardareasbyusesvulnerabletofloodsandhazardoustootherlandsbecausetheyareinadequatelyelevated,floodproofedorotherwiseprotectedfromflooddamage.SECTIONC.STATEMENTOFPURPOSEItisthepurposeofthisordinancetopromotepublichealth, safetyandgeneralwelfareandtominimizepublicandprivatelossesduetofloodconditionsinspecificareasbyprovisionsdesignedto:1.Protecthumanlifeandhealth;2.Minimizeexpenditureof publicmoneyforcostlyfloodcontrolprojects;3.Minimizetheneedforrescueand reliefeffortsassociatedwithflooding andgenerallyundertakenattheexpenseofthegeneralpublic;4.Minimizeprolongedbusinessinterruptions;5.Minimizedamagetocriticalfacilities,infrastructureandotherpublicfacilitiessuchaswater,sewerandgasmains;electricandcommunicationsstations;andstreetsand bridgeslocatedinfloodplains;6.Helpmaintainastabletaxbasebyprovidingforthesounduseanddevelopmentofflood-proneareasinsuchamannerastominimizefutureflood blightareas;and7.Insurethatpotentialbuyersarenotifiedthatpropertyislocatedinafloodhazardarea.SECTION0.METHODSOF REDUCINGFLOODLOSSESInordertoaccomplishitspurposes,thisordinanceusesthefollowingmethods:1.Restrictorprohibitusesthataredangerous to health,safetyorpropertyintimesofflood,orcauseexcessiveincreasesinfloodheights orvelocities;2.Requirethatusesvulnerabletofloods,including facilitieswhichservesuchuses,beprotectedagainstflooddamageatthetimeofinitialconstruction;3.Controlthealterationofnaturalfloodplains,streamchannels,andnaturalprotectivebarriers,whichareinvolvedintheaccommodationoffloodwaters;406-17-19 TC PacketPage 60 of 24260 4.Controlfilling,grading,dredgingandotherdevelopmentwhichmayincreaseflooddamage;5.Preventorregulatetheconstructionoffloodbarrierswhichwillunnaturallydivertfloodwatersorwhichmayincreasefloodhazardstootherlands.ARTICLEII-DEFINITIONSUnlessspecificallydefinedbelow,wordsorphrasesusedinthisordinanceshallbeinterpretedtogivethemthemeaningtheyhaveincommon usageandtogivethisordinanceitsmostreasonableapplication.100-YEARFLOOD-Aflood havingarecurrenceintervalthathasaone-percentchanceofbeingequaledorexceededduring anygivenyear(1-percent-annual-chanceflood).Theterms“one-hundred-yearflood”and“onepercentchanceflood”are synonymouswiththeterm“100-yearflood.”Thetermdoesnotimplythatthefloodwillnecessarilyhappenonceeveryonehundredyears.100-YEARFLOODPLAIN-Theareaoflandsusceptibletobeinginundatedasaresultoftheoccurrenceofaone-hundred-yearflood.500-YEARFLOOD-Afloodhavingarecurrenceintervalthathasa0.2-percentchanceofbeingequaledorexceededduringanygivenyear(0.2-percent-chance-annual-flood).Thetermdoesnotimplythatthefloodwillnecessarilyhappenonceeveryfivehundredyears.500-YEARFLOODPLAIN-Thearea oflandsusceptibletobeinginundatedasaresultoftheoccurrenceofafive-hundred-yearflood.ADDITION-Anyactivitythatexpandstheenclosedfootprintorincreasesthesquarefootageofanexistingstructure.ALLUVIALFANFLOODING-Afan-shapedsedimentdepositformedbyastreamthatflowsfromasteepmountainvalleyorgorgeontoaplainorthejunctionofatributarystreamwiththemainstream.Alluvialfanscontainactivestreamchannelsandboulderbars,andrecentlyabandonedchannels.Alluvialfansarepredominantlyformedbyalluvialdepositsandaremodifiedbyinfrequentsheetflood,channelavulsionsandotherstreamprocesses.AREAOFSHALLOWFLOODING-AdesignatedZoneADorARonacommunity’sFloodInsuranceRate Map(FIRM)withaonepercentchanceorgreaterannualchanceoffloodingto506-17-19 TC PacketPage 61 of 24261 anaveragedepthofonetothreefeetwhereaclearlydefined channeldoesnotexist,wherethepathoffloodingisunpredictableandwherevelocityflowmaybeevident.Suchfloodingischaracterizedbypondingorsheetflow.BASEFLOOD—Thefloodwhichhasaonepercentchanceof beingequaledorexceededinanygivenyear(alsoknownasa100-yearflood).ThistermisusedintheNationalFloodInsuranceProgram(NFIP)toindicatetheminimumleveloffloodingtobeusedbyacommunityinitsfloodplainmanagementregulations.BASEFLOODELEVATION(BFE)-TheelevationshownonaFEMAFloodInsuranceRateMapforZonesAE,AH,A1-A30,AR,AR/A, AR/AE,AR/A1-A30,AR/AH, AR/AD,V1-V30,andVEthatindicatesthewatersurfaceelevationresulting fromafloodthathasaonepercentchanceofequalingorexceedingthatlevelinanygivenyear.BASEMENT-Anyareaofabuildinghavingitsfloorsub-grade(belowgroundlevel)onallsides.CHANNEL-Thephysicalconfineofstreamorwaterwayconsistingofabed andstreambanks,existinginavarietyofgeometries.CHANNELIZATION-The artificialcreation,enlargementorrealignmentofastreamchannel.CODEOFFEDERALREGULATIONS(CFR)-ThecodificationofthegeneralandpermanentRulespublishedintheFederalRegisterbytheexecutivedepartmentsandagenciesoftheFederalGovernment.ItisdividedintoSOtitlesthat representbroadareassubjecttoFederalregulation.COMMUNITY-AnypoliticalsubdivisioninthestateofColoradothathasauthoritytoadoptandenforcefloodplainmanagementregulationsthroughzoning,including,but notlimitedto,cities,towns,unincorporatedareasinthecounties,Indiantribesanddrainageandfloodcontroldistricts.CONDITIONALLETTEROFMAPREVISION(CLOMR)-FEMAscommentonaproposedproject,whichdoesnotreviseaneffectivefloodplainmap,thatwould,uponconstruction,affectthehydrologicorhydrauliccharacteristicsofafloodingsourceandthusresultinthemodificationoftheexistingregulatoryfloodplain.CRITICALFACILITY—Astructureorrelatedinfrastructure,but notthelandonwhichitissituated,asspecifiedinArticleS,SectionH,thatiffloodedmayresultinsignificanthazardstopublichealthandsafetyorinterruptessentialservicesandoperationsforthecommunityatanytime before,duringandafteraflood.SeeArticle5,SectionH.606-17-19 TC PacketPage 62 of 24262 DEVELOPMENT-Anyman-madechangeinimprovedandunimprovedrealestate,includingbutnotlimitedtobuildingsorotherstructures,mining,dredging,filling,grading,paving,excavation ordrillingoperationsorstorageofequipmentormaterials.DFIRMDATABASE-Database(usuallyspreadsheetscontainingdataandanalysesthataccompanyDFIRM5).TheFEMAMappingSpecificationsandGuidelinesoutlinerequirementsforthedevelopmentandmaintenanceofDFIRMdatabases.DIGITALFLOODINSURANCERATEMAP(DFIRM)-FEMAdigitalfloodplainmap.Thesedigitalmapsserveas“regulatoryfloodplainmaps”forinsuranceandfloodplainmanagementpurposes.ELEVATEDBUILDING-Anon-basementbuilding(i)built,inthecaseofabuildinginZonesA1-30,AE,A,A99,AO,AR,B, C,X,andD,tohavethetopoftheelevatedfloorabovethegroundlevelbymeansofpilings,columns(postsandpiers),orshearwallsparalleltotheflowofthewaterand(ii)adequatelyanchoredsoasnottoimpairthestructuralintegrityofthebuildingduringafloodofuptothemagnitudeofthebaseflood.InthecaseofZonesAl-3D,AE,A,A99,AO,AR,B, C,X,andD,“elevatedbuilding”alsoincludesabuildingelevatedbymeansoffillorsolidfoundationperimeterwallswithopeningssufficienttofacilitatetheunimpededmovementoffloodwaters.EXISTINGMANUFACTUREDHOMEPARKORSUBDIVISION-Amanufacturedhomeparkorsubdivisionforwhichtheconstructionof facilitiesforservicingthelotson whichthemanufacturedhomesaretobeaffixed(including,ataminimum,theinstallationofutilities,the constructionofstreets,andeitherfinalsite gradingorthepouringofconcretepads)iscompleted beforetheeffectivedateofthefloodplainmanagementregulationsadoptedbyacommunity.EXPANSIONTOAN EXISTINGMANUFACTUREDHOMEPARKORSUBDIVISION-Thepreparationofadditionalsitesbytheconstructionoffacilitiesfor servicingthelotsonwhichthemanufacturedhomesaretobeaffixed(includingtheinstallationofutilities,theconstructionofstreets,andeitherfinalsitegradingorthepouringofconcretepads).FEDERALREGISTER-TheofficialdailypublicationforRules,proposedRules,andnoticesofFederalagenciesandorganizations,aswellasexecutiveordersandotherpresidentialdocuments.FEMA-FederalEmergencyManagementAgency,theagencyresponsibleforadministeringtheNationalFloodInsuranceProgram.FLOODOR FLOODING-Ageneralandtemporaryconditionofpartialorcompleteinundationofnormallydrylandareasfrom:706-17-19 TC PacketPage 63 of 24263 1.Theoverflowofwaterfromchannelsandreservoirspillways;2.Theunusualandrapidaccumulationorrunoffofsurfacewatersfromanysource;or3.Mudslidesormudflowsthatoccurfromexcesssurfacewaterthatiscombinedwithmudorotherdebristhatissufficientlyfluidsoastoflowoverthesurfaceofnormallydrylandareas(suchasearthcarriedbyacurrentofwateranddepositedalongthepathofthecurrent).FLOODINSURANCERATEMAP(FIRM)—Anofficialmapofacommunity,onwhichtheFederalEmergencyManagementAgencyhasdelineatedboththeSpecialFloodHazardAreasandtheriskpremium zonesapplicabletothecommunity.FLOODINSURANCESTUDY(FIS)-TheofficialreportprovidedbytheFederalEmergencyManagementAgency.ThereportcontainstheFloodInsuranceRateMapaswellasfloodprofilesforstudiedfloodingsourcesthatcanbeusedtodetermineBaseFloodElevationsforsomeareas.FLOODPLAINORFLOOD-PRONEAREA-Anylandareasusceptibletobeinginundatedastheresultofaflood,includingtheareaoflandoverwhichfloodwaterwouldflowfromthespillwayofareservoir.FLOODPLAINADMINISTRATOR-Thecommunityofficialdesignatedbytitletoadministerandenforcethefloodplainmanagementregulations.FLOODPLAINDEVELOPMENTPERMIT—Apermit requiredbefore constructionordevelopmentbeginswithinanySpecialFloodHazardArea(SFHA).IfFEMAhasnot definedtheSFHAwithinacommunity,thecommunityshallrequirepermitsforallproposedconstructionorotherdevelopmentinthecommunityincludingtheplacementofmanufacturedhomes,sothatitmaydeterminewhethersuchconstructionorotherdevelopmentisproposedwithinflood-prone areas.Permitsarerequired toensurethatproposeddevelopmentprojectsmeettherequirementsoftheNFIPand thisfloodplainmanagementordinance.FLOODPLAINMANAGEMENT-Theoperationofanoverallprogramofcorrectiveandpreventivemeasuresforreducingflooddamage,includingbut notlimitedtoemergencypreparednessplans,floodcontrolworksandfloodplainmanagementregulations.FLOODPLAINMANAGEMENTREGULATIONS-Zoningordinances,subdivisionregulations,buildingcodes,healthregulations,specialpurposeordinances(suchasafloodplainordinance,gradingordinanceanderosioncontrolordinance)andotherapplicationsof policepower.Theterm describessuchstateorlocalregulations,inanycombinationthereof,whichprovidestandardsforthepurposeofflooddamagepreventionandreduction.FLOODCONTROLSTRUCTURE-Aphysicalstructuredesignedandbuiltexpresslyorpartially806-17-19 TC PacketPage 64 of 24264 forthepurposeofreducing,redirecting,orguidingfloodflowsalongaparticularwaterway.Thesespecializedflood modifyingworksarethoseconstructedinconformancewithsoundengineeringstandards.FLOODPROOFING-Anycombinationofstructuraland/ornon-structuraladditions,changes,oradjustmentstostructureswhichreduceor eliminateflooddamagetorealestateorimprovedrealproperty,waterandsanitaryfacilities,structuresandtheir contents.FLOODWAY(REGULATORYFLOODWAY)-Thechannelofariverorotherwatercourseandadjacentlandareasthatmustbereservedinordertodischargethebasefloodwithoutcumulatively increasingthewatersurfaceelevation morethanadesignatedheight.TheColoradostatewide standardforthe designatedheighttobeusedforallnewlystudiedreachesshallbeone-halffoot(sixinches). LettersofMapRevisiontoexistingfloodwaydelineationsmaycontinuetousethefloodwaycriteriainplaceatthetimeoftheexistingfloodwaydelineation.FREEBOARD-Theverticaldistanceinfeetaboveapredictedwatersurfaceelevationintendedtoprovideamarginofsafetytocompensateforunknownfactorsthatcouldcontributetofloodheightsgreaterthantheheight calculatedforaselectedsizefloodsuchasdebrisblockageofbridgeopeningsandtheincreasedrunoff duetourbanizationofthewatershed.FUNCTIONALLYDEPENDENTUSE-Ausewhichcannot performitsintended purposeunlessitislocatedorcarriedoutincloseproximitytowater.Thetermincludesonlydockingfacilities,portfacilitiesthatarenecessaryfortheloadingandunloadingofcargoorpassengers,andship building andshiprepairfacilities,but does notincludelong-termstorageorrelatedmanufacturingfacilities.HIGHEST ADJACENTGRADE—Thehighestnaturalelevationofthegroundsurfacepriortoconstructionnexttotheproposedwallsofastructure.HISTORICSTRUCTURE-Anystructurethatis:1.ListedindividuallyintheNationalRegisterofHistoricPlaces(alistingmaintainedbytheDepartmentofInterior)orpreliminarilydeterminedbytheSecretaryoftheInteriorasmeetingtherequirementsforindividuallistingontheNationalRegister;2.CertifiedorpreliminarilydeterminedbytheSecretaryoftheInteriorascontributingtothehistoricalsignificanceofaregisteredhistoricdistrictoradistrictpreliminarilydeterminedbytheSecretarytoqualifyasaregisteredhistoricdistrict;3.Individuallylisted onastateinventoryofhistoricplacesinstateswithhistoricpreservationprogramswhichhavebeenapprovedbytheSecretaryofInterior;or4.Individuallylistedonalocalinventoryofhistoricplacesincommunitieswithhistoricpreservationprogramsthathavebeencertifiedeither:906-17-19 TC PacketPage 65 of 24265 a.ByanapprovedstateprogramasdeterminedbytheSecretaryoftheInterioror;b.DirectlybytheSecretaryoftheInteriorinstateswithoutapprovedprograms.LETTEROFMAPREVISION(LOMR)-FEMA’sofficialrevisionofaneffectiveFloodInsuranceRateMap(FIRM),orFloodBoundaryandFloodway Map(FBFM),orboth.LOMRsaregenerallybasedontheimplementationofphysicalmeasuresthataffectthehydrologicorhydrauliccharacteristicsofafloodingsourceandthusresultinthemodificationoftheexistingregulatoryfloodway,theeffectiveBaseFloodElevations(BFE5),ortheSpecialFloodHazardArea(SFHA).LETTEROFMAPREVISIONBASEDONFILL(LOMR-F)—FEMA’smodificationoftheSpecialFloodHazard Area(SFHA)shownontheFloodInsuranceRate Map(FIRM)basedontheplacementoffilloutsidetheexistingregulatoryfloodway.LEVEE—Aman-madeembankment,usuallyearthen,designedandconstructedinaccordancewithsoundengineeringpracticestocontain, control, ordiverttheflow ofwatersoastoprovideprotectionfromtemporaryflooding.ForaleveestructuretobereflectedontheFEMAFIRMsasprovidingfloodprotection,theleveestructuremustmeet the requirementssetforthin44CFR65.10.LEVEESYSTEM-Afloodprotectionsystemwhichconsistsofalevee,orlevees, andassociatedstructures,suchasclosureanddrainagedevices,whichareconstructedandoperatedinaccordancewithsound engineeringpractices.LOWESTFLOOR-Thelowestfloorofthelowestenclosedarea(includingbasement).Anyfloorusedforlivingpurposeswhichincludesworking,storage,sleeping,cookingandeating,orrecreationoranycombinationthereof.Thisincludesanyfloorthatcouldbeconverted tosuchausesuchasabasementorcrawlspace.Thelowestfloorisadeterminateforthefloodinsurancepremium forabuilding,homeorbusiness.Anunfinishedorfloodresistantenclosure, usablesolelyfor parkingorvehicles,buildingaccessorstorageinanareaotherthanabasementareaisnotconsideredabuilding’slowestfloor;providedthatsuchenclosureisnotbuiltsoastorenderthestructureinviolationoftheapplicablenon-elevationdesignrequirementofSection60.3oftheNationalFloodinsuranceProgramregulations.MANUFACTUREDKOME-Astructuretransportableinoneormoresections,whichisbuiltonapermanentchassisandisdesignedfor usewithorwithoutapermanentfoundationwhenconnectedtotherequiredutilities.Theterm‘manufacturedhome”doesnotincludea“recreationalvehicle”.MANUFACTUREDHOMEPARKORSUBDIVISION-Aparcel(orcontiguousparcels)oflanddividedintotwoormoremanufacturedhomelotsforrentor sale.MEANSEALEVEL-ForpurposesoftheNationalFloodInsuranceProgram,theNorthAmericanVerticalDatum(NAVD)of1988orotherdatum,towhichBaseFloodElevationsshownonacommunity’sFloodInsuranceRateMaparereferenced.1006-17-19 TC PacketPage 66 of 24266 MATERIALSAFETYDATASHEET(MSDS)—Aformwithdataregardingthepropertiesofaparticularsubstance.Animportantcomponentofproductstewardshipandworkplacesafety,itisintendedtoprovideworkersandemergency personnelwithproceduresforhandlingorworkingwiththatsubstanceinasafemanner,and includesinformationsuchasphysicaldata(meltingpoint,boilingpoint,flashpoint,etc.),toxicity,healtheffects,firstaid,reactivity,storage,disposal,protectiveequipment,and spill-handlingprocedures.NATIONALFLOODINSURANCEPROGRAM(NFIP)—FEMA’sprogramoffloodinsurancecoverageandfloodplainmanagementadministeredinconjunctionwiththeRobertT.StaffordReliefand EmergencyAssistanceAct.TheNFIPhasapplicableFederalregulationspromulgatedinTitle44 oftheCodeofFederalRegulations.TheU.S.CongressestablishedtheNFIPin1968 withthepassageoftheNationalFloodInsuranceActof 1968.NEWCONSTRUCTION—Theconstructionofanewstructure(includingtheplacementofamobilehome)orfacilityorthereplacementofastructureorfacilitywhich hasbeentotallydestroyed.NEW MANUFACTUREDHOMEPARKORSUBDIVISION-Amanufacturedhomeparkorsubdivisionforwhichtheconstructionoffacilitiesforservicingthelotsonwhichthemanufacturedhomesaretobe affixed(includingataminimum,theinstallationofutilities,theconstructionofstreets,andeitherfinalsitegradingorthepouringofconcretepads)iscompletedonoraftertheeffectivedateoffloodplainmanagementregulationsadoptedbyacommunity.NO-RISECERTIFICATION—Arecordoftheresultsofanengineeringanalysisconductedtodeterminewhetheraprojectwillincreasefloodheightsinafloodway.ANo-RiseCertificationmustbesupportedbytechnicaldataand signedbyaregisteredColoradoProfessionalEngineer.Thesupportingtechnicaldatashouldbebasedonthestandardstep-backwatercomputermodelusedtodevelopthe100-yearfloodway shownontheFloodInsuranceRateMap(FIRM)orFloodBoundaryandFloodwayMap(FBFM).PHYSICALMAPREVISION(PMR)-FEMA’sactionwherebyoneormoremappanelsarephysicallyrevisedandrepublished.APMRisusedtochangefloodriskzones,floodplainand/orfloodwaydelineations,floodelevations,and/orplanimetricfeatures.RECREATIONALVEHICLE-meansavehiclewhichis:1.Builtonasinglechassis;2.400squarefeetorlesswhenmeasuredatthelargesthorizontalprojections;3.Designedtobeself-propelledorpermanentlytowablebyalightdutytruck;and4.Designedprimarilynotfor useasapermanentdwellingbutastemporarylivingquartersforrecreational,camping,travel,orseasonaluse.SPECIALFLOODHAZARDAREA—Thelandinthefloodplainwithinacommunitysubjecttoaonepercentorgreaterchanceoffloodinginanygivenyear,i.e.,the100-year floodplain.1106-17-19 TC PacketPage 67 of 24267 STARTOFCONSTRUCTION-Thedatethebuildingpermitwasissued,includingsubstantialimprovements,providedtheactualstartofconstruction,repair,reconstruction,rehabilitation,addition,placement,orotherimprovementwaswithin180days ofthepermitdate.Theactualstartmeanseitherthefirstplacementofpermanentconstructionofastructureonasite, suchasthepouringof slabor footings,theinstallationofpiles,theconstructionofcolumns,or anyworkbeyondthestageofexcavation;ortheplacementofamanufacturedhomeonafoundation.Permanentconstructiondoesnotincludelandpreparation,suchasclearing,gradingandfilling;nordoesitincludetheinstallationofstreets and/orwalkways;nordoesitincludeexcavationforbasement,footings,piersorfoundationsortheerectionoftemporaryforms; nordoesitincludetheinstallationonthepropertyofaccessorybuildings,suchasgaragesorshedsnot occupiedasdwellingunitsornotpartofthemainstructure.Forasubstantialimprovement,theactualstartofconstruction meansthefirstalterationofanywall,ceiling,floor,orotherstructural partofabuilding,whetherornotthatalterationaffectstheexternaldimensionsofthebuilding.STRUCTURE-Awalledandroofedbuilding, includingagasorliquidstoragetank,whichisprincipallyaboveground,aswellasamanufacturedhome.SUBSTANTIALDAMAGE-Damageofanyoriginsustainedbyastructurewherebythecostofrestoringthestructuretoitsbefore-damagedconditionwouldequal or exceedSOpercentofthemarketvalueofthe structurejustpriortowhenthedamageoccurred.SUBSTANTIALIMPROVEMENT-Anyreconstruction,rehabilitation,addition,orotherimprovementofastructure,thecostofwhichequalsorexceeds50percentofthemarketvalueofthe structurebefore“StartofConstruction”oftheimprovement.Thevalueofthestructureshallbedeterminedbythelocaljurisdictionhavinglanduseauthorityintheareaofinterest.Thisincludesstructureswhichhaveincurred“SubstantialDamage”,regardlessoftheactualrepairworkperformed.Thetermdoesnot,however,includeeither:1.Anyprojectforimprovementofastructureto correctexistingviolationsofstateorlocalhealth,sanitary, orsafetycodespecificationswhichhavebeenidentifiedbythelocalcodeenforcementofficialandwhicharetheminimumnecessaryconditionsor2.Anyalterationofa“historicstructure”providedthatthealterationwillnotprecludethestructure’scontinueddesignationasa“historicstructure.”THRESHOLDPLANNING QUANTITY(TPQ)—Aquantity designatedforeachchemicalonthelistofextremely hazardoussubstancesthattriggersnotificationbyfacilitiestotheStatethatsuchfacilitiesaresubject to emergencyplanningrequirements.VARIANCE-Agrantofrelieftoapersonfromthe requirementofthisordinancewhenspecificenforcementwouldresultinunnecessaryhardship.Avariance,therefore,permitsconstructionordevelopmentinamannerotherwiseprohibitedbythisordinance.(ForfullrequirementsseeSection60.6oftheNationalFloodInsuranceProgramregulations).1206-17-19 TC PacketPage 68 of 24268 VIOLATION-Thefailureofastructureorotherdevelopmenttobefullycompliantwiththecommunity’sfloodplainmanagementregulations.Astructureorotherdevelopmentwithouttheelevationcertificate,othercertifications,orotherevidenceofcompliancerequiredinSection60.3(b)(5),(c)(4),(c)(10),(d)(3),(e)(2), (e)(4),or(e)(S)ispresumedtobeinviolationuntilsuchtimeasthatdocumentationisprovided.WATERSURFACEELEVATION-Theheight,inrelationtotheNorth AmericanVerticalDatum(NAVD)of1988(orotherdatum,wherespecified),offloodsofvariousmagnitudesandfrequenciesinthefloodplainsofcoastalorriverineareas.ARTICLEIII-GENERALPROVISIONSSECTIONA.LANDSTOWHICHTHISORDINANCEAPPLIESTheordinanceshallapplytoallSpecialFloodHazardAreasandareasremovedfromthefloodplainbytheissuanceofaFEMALetterof MapRevisionBasedonFill(LOMR-F)withinthejurisdictionofSnowmassVillage,Colorado.SECTIONB.BASISFORESTABLISHINGTHESPECIALFLOOD HAZARD AREATheSpecialFloodHazardAreasidentifiedbytheFederal EmergencyManagementAgencyinascientificandengineeringreportentitled,TheFloodInsuranceStudy forPitkinCountyandIncorporatedAreas,”datedRevisedAugust15,2019, withaccompanyingFloodInsuranceRateMapsand/orFloodBoundary-FloodwayMaps(FIRMand/orFBFM)andany revisionstheretoareherebyadoptedbyreferenceanddeclared tobeapartofthisordinance. TheseSpecialFloodHazardAreasidentifiedbytheFISandattendantmapping aretheminimumareaofapplicabilityofthisordinanceandmaybesupplementedbystudies designatedandapprovedbytheTownCouncil. TheFloodplainAdministratorshallkeepacopyoftheFloodInsuranceStudy(FIS),DFIRMs,FIRMsand/orFBFMsonfileand availableforpublicinspection.SECTIONC.ESTABLISHMENTOFFLOODPLAINDEVELOPMENT PERMITAFloodplainDevelopmentPermitshallberequiredtoensureconformancewiththeprovisionsofthisordinance.SECTIOND.COMPLIANCENostructureorlandshallhereafterbelocated,altered,orhaveitsusechangedwithintheSpecialFloodHazardAreawithoutfullcompliancewiththetermsofthisordinanceandotherapplicableregulations.NothinghereinshallpreventtheTownCouncilfromtakingsuchlawfulactionasisnecessarytopreventorremedyanyviolation.TheseregulationsmeettheminimumrequirementsassetforthbytheColoradoWaterConservationBoardandtheNationalFloodInsuranceProgram.1306-17-19 TC PacketPage 69 of 24269 SECTIONE.ABROGATIONANDGREATERRESTRICTIONSThisordinanceisnotintendedtorepeal,abrogate,orimpairanyexistingeasements,covenants,ordeedrestrictions.However,wherethisordinanceandanotherordinance,easement,covenant,nordeedrestrictionconflictoroverlap,whicheverimposesthemorestringentrestrictionsshallprevail.SECTIONF.INTERPRETATIONIntheinterpretationandapplicationofthisordinance,allprovisionsshallbe:1.Consideredasminimumrequirements;2.Liberallyconstruedinfavorofthegoverningbody;and3.DeemedneithertolimitnorrepealanyotherpowersgrantedunderStatestatutes.SECTIONC.WARNINGANDDISCLAIMEROFLIABILITYThedegreeoffloodprotectionrequiredbythisordinanceisconsideredreasonableforregulatorypurposesandisbasedonscientificandengineeringconsiderations.Onrareoccasionsgreaterfloodscanandwilloccur andfloodheightsmaybeincreasedbymanmadeornaturalcauses.Thisordinancedoes notimplythatlandoutsidetheSpecialFloodHazard Areaorusespermittedwithinsuchareaswillbefreefrom floodingorflooddamages.Thisordinanceshallnotcreateliability onthepartoftheCommunityor anyofficialoremployeethereofforanyflooddamagesthatresultfromrelianceonthisordinanceoranyadministrativedecisionlawfullymadethereunder.SECTIONH.SEVERABILITYThisordinanceandthevariouspartsthereofareherebydeclared tobeseverable.Shouldanysectionofthisordinancebedeclaredbythecourts tobeunconstitutionalorinvalid,suchdecisionshallnotaffectthevalidityoftheordinanceasawhole,oranyportionthereofotherthanthesectionsodeclaredtobeunconstitutionalorinvalid.ARTICLEIV-ADMINISTRATIONSECTIONA.DESIGNATIONOFTHEFLOODPLAINADMINISTRATORTheCommunityDevelopmentDirectorisherebyappointedasFloodplainAdministratortoadminister,implementandenforcetheprovisionsofthisordinanceandotherappropriatesectionsof44CFR(NationalFloodInsuranceProgramRegulations)pertainingtofloodplainmanagement.1406-17-19 TC PacketPage 70 of 24270 SECTIONB.DUTIES&RESPONSIBILITIESOFTHEFLOODPLAINADMINISTRATORDutiesandresponsibilitiesoftheFloodplainAdministratorshallinclude,butnotbelimitedto,thefollowing:1.Maintain andholdopenforpublicinspectionallrecordspertaining totheprovisionsofthisordinance,includingtheactualelevation(inrelationto meansealevel)ofthelowestfloor(includingbasement)ofallneworsubstantially improvedstructuresandanyfloodproofingcertificate requiredbyArticle4,SectionC.2.Review,approve,ordenyallapplicationsforFloodplainDevelopmentPermitsrequiredbyadoptionofthisordinance.3.ReviewFloodplainDevelopmentPermitapplicationstodetermine whetheraproposedbuildingsite, includingtheplacementofmanufacturedhomes,willbereasonablysafefromflooding.4.ReviewpermitsforproposeddevelopmenttoassurethatallnecessarypermitshavebeenobtainedfromthoseFederal,Stateorlocalgovernmentalagencies(includingSection404oftheFederalWaterPollutionControlActAmendmentsof1972,33U.S.C.1334)fromwhichpriorapprovalisrequired.5.Inspectalldevelopmentatappropriatetimesduringtheperiodofconstructiontoensurecompliancewithallprovisionsofthisordinance,includingproperelevationofthestructure.6.WhereinterpretationisneededastotheexactlocationoftheboundariesoftheSpecialFloodHazard Area(forexample,wherethereappearstobeaconflictbetweenamappedboundaryandactualfieldconditions)theFloodplainAdministratorshallmakethenecessaryinterpretation.7.WhenBaseFloodElevationdatahasnotbeenprovidedinaccordancewithArticle3,SectionB,theFloodplainAdministratorshallobtain,reviewandreasonablyutilizeanyBase FloodElevationdataandFloodwaydataavailablefromaFederal,State, orothersource,inordertoadministertheprovisionsofArticle5.8.ForwaterwayswithBaseFloodElevationsforwhicharegulatoryFloodwayhasnotbeendesignated,nonewconstruction,substantialimprovements,orotherdevelopment(includingfill)shall bepermittedwithinZonesA1-30andAEonthecommunity’sFIRM,unlessitisdemonstratedthatthecumulativeeffectoftheproposeddevelopment,when combinedwithallotherexistingandanticipateddevelopment,willnotincreasethewatersurfaceelevationofthebasefloodmorethanone-halffootatanypointwithinthecommunity.9.Undertheprovisionsof44CFRChapter1,Section65.12,oftheNationalFloodInsuranceProgramregulations,acommunitymayapprovecertaindevelopmentinZonesA1-30,AE,AH,onthecommunity’sFIRMwhichincreasesthewatersurface1506-17-19 TC PacketPage 71 of 24271 elevationofthebasefloodbymorethanone-halffoot,providedthatthecommunityfirstappliesforaconditionalFIRMrevisionthroughFEMA(ConditionalLetterofMapRevision),fulfillstherequirementsforsuchrevisionsasestablishedundertheprovisionsofSection 65.12andreceivesFEMAapproval.10.Notify,inriverinesituations,adjacentcommunitiesandtheStateCoordinatingAgency,whichistheColoradoWaterConservationBoard,priortoanyalterationorrelocationofawatercourse,andsubmit evidenceofsuchnotificationtoFEMA.11.Ensurethat theflood carryingcapacitywithinthealteredorrelocatedportionofanywatercourseismaintained.SECTIONC.PERMITPROCEDURESApplicationforaFloodplainDevelopmentPermitshall bepresentedtotheFloodplainAdministratoronformsfurnishedbyhim/herandmayinclude,but notbelimitedto,plansinduplicatedrawntoscaleshowingthelocation,dimensions,andelevationofproposedlandscapealterations,existingandproposedstructures,includingtheplacementofmanufacturedhomes,andthelocationoftheforegoinginrelationtoSpecialFloodHazardArea.Additionally,thefollowinginformationisrequired:1.Elevation(inrelationtomeansealevel),ofthelowestfloor(includingbasement)ofallnew andsubstantiallyimprovedstructures;2.Elevationinrelationtomeansealeveltowhich anynonresidentialstructureshallbefloodproofed;3.AcertificatefromaregisteredColorado ProfessionalEngineerorarchitectthatthenonresidential floodproofedstructureshallmeetthefloodproofing criteriaofArticle5,SectionB(2);4.Descriptionofthe extenttowhichanywatercourseornaturaldrainagewillbealteredorrelocatedasaresultofproposeddevelopment.5.MaintainarecordofallsuchinformationinaccordancewithArticle4,SectionB.Approval ordenialofaFloodplainDevelopmentPermitbytheFloodplainAdministratorshallbebasedonalloftheprovisionsofthisordinanceandthefollowingrelevantfactors:1.Thedangertolifeandpropertyduetofloodingorerosiondamage;2.Thesusceptibilityoftheproposedfacilityanditscontentstoflooddamageandtheeffectof suchdamageontheindividualowner;3.Thedangerthatmaterialsmay besweptontootherlandstotheinjuryofothers;1606-17-19 TC PacketPage 72 of 24272 4.Thecompatibilityoftheproposedusewithexisting andanticipateddevelopment;5.Thesafetyofaccess tothepropertyintimesoffloodforordinaryandemergencyvehicles;6.Thecostsofprovidinggovernmentalservicesduringandafterfloodconditionsincludingmaintenanceandrepairofstreetsandbridges, andpublicutilitiesandfacilitiessuchassewer,gas,electricalandwatersystems;7.Theexpectedheights,velocity,duration,rateofriseandsedimenttransportofthefloodwatersandtheeffectsofwaveaction,ifapplicable,expectedatthesite;8.Thenecessitytothefacilityofawaterfrontlocation,whereapplicable;9.Theavailabilityofalternativelocations,notsubjecttofloodingorerosiondamage,fortheproposeduse;10.Therelationshipoftheproposedusetothecomprehensiveplanforthatarea.SECTIOND.VARIANCEPROCEDURES1.TheAppealBoardorPlanning Commission,asestablishedbytheCommunity,shallhearandrenderjudgmentonrequestsforvariancesfromtherequirementsofthisordinance.2.TheAppealBoardorPlanning Commission,shallhearandrenderjudgmentonanappealonlywhenitisallegedthereisanerrorinanyrequirement,decision,ordeterminationmadebytheFloodplainAdministratorintheenforcementoradministrationofthisordinance.3.AnypersonorpersonsaggrievedbythedecisionoftheAppealBoardmayappealsuchdecisioninthecourtsofcompetentjurisdiction.4.TheFloodplainAdministratorshallmaintainarecordofallactionsinvolvinganappealandshallreportvariancestotheFederalEmergencyManagementAgencyuponrequest.5.Variancesmaybeissuedforthereconstruction,rehabilitationorrestorationofstructureslistedontheNationalRegisterofHistoricPlacesortheStateInventoryofHistoricPlaces,withoutregardtotheproceduressetforthintheremainderofthisordinance.6.Variancesmaybeissued fornewconstructionandsubstantialimprovementstobeerectedonalotofone-halfacreorlessinsizecontiguoustoandsurroundedbylotswithexistingstructuresconstructedbelowthebasefloodlevel,providingtherelevantfactorsinSectionCof thisArticlehavebeenfullyconsidered.Asthelotsizeincreasesbeyondtheone-halfacre,thetechnicaljustificationrequiredforissuingthevariance1706-17-19 TC PacketPage 73 of 24273 increases.7.Uponconsiderationofthefactorsnotedaboveandtheintentofthisordinance,theAppealBoardorPlanningCommission,mayattachsuchconditionstothegrantingofvariancesasitdeemsnecessarytofurtherthepurposeandobjectivesofthisordinanceasstatedinArticle1,SectionC.8.Variancesshallnotbeissued withinanydesignatedfloodwayifanyincreaseinfloodlevelsduringthebaseflooddischargewouldresult.9.Variancesmay beissuedfortherepairorrehabilitationof historicstructuresuponadeterminationthattheproposed repairorrehabilitationwillnotprecludethestructure’scontinueddesignationasahistoricstructureandthevarianceistheminimumnecessary topreservethehistoriccharacteranddesignofthe structure.10.Prerequisitesforgrantingvariances:a.Variancesshall onlybeissueduponadeterminationthatthevarianceistheminimumnecessary,consideringthefloodhazard,toaffordrelief.b.Variancesshall only beissuedupon:i.Showingagood andsufficientcause;ii. Adeterminationthatfailuretograntthevariancewouldresultinexceptionalhardshiptotheapplicant,andiii.Adeterminationthatthegrantingofavariancewillnotresultinincreasedfloodheights,additionalthreatstopublicsafety,extraordinarypublicexpense,createnuisances,causefraudonorvictimizationofthepublic,orconflictwithexistinglocallawsorordinances.c.Anyapplicanttowhomavarianceisgrantedshallbegivenwrittennoticethatthe structurewillbepermittedtobebuiltwiththelowestfloorelevationbelowtheBaseFloodElevation,andthatthecostoffloodinsurancewillbecommensuratewiththeincreasedriskresultingfromthereducedlowestfloorelevation.11.Variancesmay beissuedbyacommunityfornewconstructionandsubstantialimprovementsandforotherdevelopmentnecessaryfortheconductofaFunctionallyDependentUseprovidedthat:a.ThecriteriaoutlinedinArticle4,SectionD(1)-(9)aremet,andb.Thestructureorotherdevelopmentisprotectedbymethodsthatminimizeflooddamagesduringthebasefloodandcreatenoadditionalthreatstopublicsafety.1806-17-19 TC PacketPage 74 of 24274 SECTIONE.PENALITIESFORNONCOMPLIANCENostructureorland shallhereafterbeconstructed,located,extended,converted,oralteredwithoutfullcompliancewiththetermsofthisordinanceandotherapplicable regulations.Violationoftheprovisionsofthisordinancebyfailuretocomplywithanyofitsrequirements(includingviolationsofconditionsandsafeguards establishedinconnectionwithconditions)shallconstituteamisdemeanor.Anypersonwhoviolatesthisordinanceorfailstocomplywith any ofitsrequirementsshalluponconvictionthereofbefinedorimprisonedasprovidedbythelawsofSnowmassVillage.NothinghereincontainedshallpreventtheTownofSnowmassVillagefromtakingsuchotherlawfulactionasisnecessarytopreventorremedyanyviolation.ARTICLEV-PROVISIONSFORFLOODHAZARDREDUCTIONSECTIONA.GENERALSTANDARDSInallSpecialFloodHazard Areasthefollowingprovisionsarerequiredforallnewconstructionandsubstantialimprovements:1.Allnewconstructionorsubstantial improvementsshallbedesigned(ormodified)andadequatelyanchoredtopreventflotation,collapseorlateralmovementofthe structureresultingfromhydrodynamicandhydrostaticloads,includingtheeffectsofbuoyancy;2.Allnewconstructionorsubstantialimprovementsshallbeconstructedbymethodsandpracticesthatminimizeflooddamage;3.Allnewconstructionorsubstantialimprovementsshallbeconstructedwithmaterialsresistanttoflooddamage;4.Allnewconstructionorsubstantialimprovementsshallbeconstructedwithelectrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservice facilitiesthataredesignedand/orlocatedsoastopreventwaterfromenteringoraccumulatingwithinthecomponentsduringconditionsofflooding;5.Allmanufacturedhomesshallbeinstalledusingmethodsandpracticeswhichminimizeflooddamage.Forthepurposesofthisrequirement,manufacturedhomesmustbeelevatedandanchoredtoresistflotation,collapse,orlateralmovement.Methodsofanchoringmayinclude,but arenotlimitedto, useofover-the-toporframetiestoground anchors.ThisrequirementisinadditiontoapplicableStateandlocalanchoringrequirementsforresistingwindforces.6.Allnewandreplacementwatersupplysystemsshallbedesignedtominimizeoreliminate infiltrationoffloodwatersintothesystem;1906-17-19 TC PacketPage 75 of 24275 7.Newandreplacementsanitarysewagesystemsshallbedesignedtominimizeoreliminateinfiltrationoffloodwatersintothesystemanddischargefromthesystemsintofloodwaters;and,S.On-sitewastedisposalsystemsshallbelocatedtoavoidimpairmenttothemorcontaminationfromthemduringflooding.SECTIONB.SPECIFICSTANDARDSInallSpecialFlood HazardAreaswherebasefloodelevationdatahasbeenprovidedassetforthin(i)Article3,SectionB,(ii)Article4,SectionB(7),or(Hi)Article5,SectionG,thefollowingprovisionsarerequired:1.RESIDENTIALCONSTRUCTIONNewconstructionandSubstantialImprovementofanyresidentialstructureshallhavethelowestfloor(includingbasement),electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),elevatedtoonefootabovethebasefloodelevation.Uponcompletionofthestructure,theelevationofthelowestfloor, includingbasement,shallbecertifiedbyaregisteredColoradoProfessionalEngineer,architect,orlandsurveyor.SuchcertificationshallbesubmittedtotheFloodplainAdministrator.2.NONRESIDENTIALCONSTRUCTIONWiththeexceptionofCriticalFacilities,outlinedinArticle5,SectionH,newconstructionandSubstantialImprovementsof anycommercial,industrial,orothernonresidentialstructureshalleitherhavethelowestfloor(includingbasement),electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),elevatedtoonefootabovethebasefloodelevationor,togetherwithattendantutilityandsanitaryfacilities,bedesignedsothatatonefootabovethebasefloodelevationthestructureiswatertightwithwallssubstantiallyimpermeabletothepassageofwaterandwithstructuralcomponentshavingthecapabilityofresistinghydrostaticandhydrodynamicloadsandeffectsofbuoyancy.AregisteredColoradoProfessionalEngineerorarchitectshalldevelopand/orreviewstructuraldesign,specifications,andplansfortheconstruction,andshallcertifythatthedesignandmethodsofconstructionareinaccordancewithacceptedstandardsofpracticeasoutlinedinthissubsection.SuchcertificationshallbemaintainedbytheFloodplainAdministrator,asproposedinArticle4,SectionC.3.ENCLOSURES2006-17-19 TC PacketPage 76 of 24276 Newconstructionandsubstantialimprovements,withfullyenclosedareasbelowthelowestfloorthatareusablesolelyforparkingofvehicles,buildingaccess,orstorageinanareaotherthanabasementandwhicharesubject tofloodingshallbedesignedtoautomaticallyequalizehydrostaticfloodforcesonexteriorwallsbyallowingfortheentryandexitoffloodwaters.DesignsformeetingthisrequirementmusteitherbecertifiedbyaregisteredColoradoProfessionalEngineerorarchitectormeetorexceedthefollowingminimumcriteria:a.Aminimumoftwoopeningshavingatotalnetareaofnotlessthanonesquareinchforeverysquarefootofenclosedareasubjectto floodingshallbeprovided.b.Thebottomofallopeningsshallbenohigherthanonefootabovegrade.c.Openingsmaybeequippedwithscreens,louvers,valves,orothercoveringsordevicesprovidedthattheypermittheautomaticentryandexitoffloodwaters.4.MANUFACTUREDHOMESAllmanufacturedhomesthatareplacedorsubstantiallyimprovedwithinZonesAl30,AH,andAEonthecommunitysFIRMonsites(i)outsideofamanufacturedhomeparkorsubdivision,(ii)inanewmanufacturedhomeparkorsubdivision,(iii)inanexpansiontoanexistingmanufacturedhomeparkorsubdivision,or(iv)inanexistingmanufacturedhomeparkorsubdivisiononwhichmanufacturedhomehasincurred‘substantialdamage”asaresultofaflood,beelevatedonapermanentfoundationsuchthatthelowestfloorofthemanufacturedhome,electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),areelevatedtoonefootabovethebasefloodelevationandbesecurelyanchoredtoanadequatelyanchoredfoundationsystemtoresistflotation,collapse,andlateralmovement.AllmanufacturedhomesplacedorsubstantiallyimprovedonsitesinanexistingmanufacturedhomeparkorsubdivisionwithinZonesAl-3D,AHandAEonthecommunity’sFIRMthatare notsubjecttotheprovisionsoftheaboveparagraph,shallbeelevatedsothateither:a.Thelowestfloorofthemanufacturedhome,electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),areonefootabovethebasefloodelevation,orb.Themanufacturedhomechassisissupportedbyreinforcedpiersorotherfoundationelementsofatleastequivalentstrengththatareno lessthan36inchesinheightabovegradeandbesecurelyanchoredtoanadequatelyanchoredfoundationsystemto resistflotation,collapse,andlateralmovement.2106-17-19 TC PacketPage 77 of 24277 5.RECREATIONALVEHICLESAllrecreationalvehiclesplacedonsiteswithinZonesAi-30,AH,andAEonthecommunity’sFIRMeither:a.Beonthesite forfewerthan180consecutivedays,b.Befullylicensedandreadyforhighwayuse,orc.MeetthepermitrequirementsofArticle4,SectionC,andtheelevationandanchoringrequirementsfor”manufacturedhomes’inparagraph(4)ofthissection.Arecreationalvehicleisreadyfor highwayuseifitisonitswheelsorjackingsystem,isattachedtothesiteonlybyquickdisconnecttypeutilities andsecuritydevices,andhasnopermanentlyattachedadditions.SECTIONC.STANDARDSFORAREASOFSHALLOWFI.OODING(AO/AHZONES)LocatedwithintheSpecialFloodHazardAreaestablishedinArticle3,SectionB,areareasdesignatedasshallowflooding.Theseareashavespecialfloodhazardsassociatedwithbaseflooddepthsofito3feetwhereaclearlydefined channel doesnotexistandwherethepathoffloodingisunpredictableandwherevelocityflowmaybeevident.Suchfloodingischaracterizedbypondingorsheetflow;therefore,thefollowingprovisionsapply:i.RESIDENTIALCONSTRUCTIONAllnewconstructionandSubstantialImprovementsofresidentialstructuresmusthavethelowestfloor(includingbasement),electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),elevatedabovethehighestadjacentgradeat leastonefootabovethedepthnumberspecifiedinfeetonthecommunity’sFIRM(atleastthreefeetifnodepthnumberisspecified).Uponcompletionofthestructure,theelevationofthelowestfloor,includingbasement,shallbecertifiedbyaregisteredColoradoProfessionalEngineer,architect,orlandsurveyor.SuchcertificationshallbesubmittedtotheFloodplainAdministrator.2.NONRESIDENTIALCONSTRUCTIONWiththeexceptionofCriticalFacilities,outlinedinArticle5,SectionH,allnewconstructionandSubstantialImprovementsofnon-residentialstructures,musthavethelowestfloor(includingbasement),electrical,heating,ventilation,plumbing,andairconditioningequipmentandotherservicefacilities(includingductwork),elevatedabovethehighestadjacentgradeatleastonefootabovethedepthnumberspecifiedinfeetonthecommunity’sFIRM(atleastthreefeetifnodepthnumberisspecified),ortogetherwithattendantutilityandsanitaryfacilities,bedesignedsothatthestructureiswatertighttoatleastonefootabovethebasefloodlevelwithwalls2206-17-19 TC PacketPage 78 of 24278 substantiallyimpermeabletothepassageofwaterandwithstructuralcomponentshavingthecapabilityofresistinghydrostaticandhydrodynamicloadsofeffectsofbuoyancy.AregisteredColoradoProfessionalEngineerorarchitectshallsubmitacertificationtotheFloodplainAdministratorthat thestandardsofthisSection,asproposedinArticle4,SectionC,aresatisfied.WithinZonesARorAD,adequatedrainagepathsaroundstructuresonslopes arerequiredtoguidefloodwatersaroundandawayfromproposedstructures.SECTIOND.FLOODWAYSFloodwaysareadministrativelimitsandtoolsusedto regulateexistingandfuturefloodplaindevelopment.TheStateofColoradohasadoptedFloodwaystandardsthataremorestringentthantheFEMAminimumstandard(see definitionofFloodwayinArticle2).LocatedwithinSpecialFloodHazardAreaestablishedinArticle3,SectionB,areareas designatedasFloodways.SincetheFloodwayisanextremely hazardousareaduetothevelocityoffloodwaterswhichcarrydebris,potentialprojectilesanderosionpotential,thefollowingprovisionsshallapply:1.Encroachmentsareprohibited,includingfill,newconstruction,substantialimprovementsandotherdevelopmentwithinthe adoptedregulatoryFloodway unlessithasbeendemonstratedthroughhydrologicandhydraulicanalysesperformedbyalicensedColoradoProfessionalEngineer andinaccordancewithstandardengineeringpracticethattheproposedencroachmentwouldnotresultinanyincrease(requiresaNo-RiseCertification)infloodlevelswithinthecommunityduringtheoccurrenceofthebaseflooddischarge.2.IfArticleS,SectionD(1)aboveissatisfied,allnewconstructionandsubstantialimprovementsshallcomply withallapplicablefloodhazardreductionprovisionsofArticle5.3.Undertheprovisionsof44CFRChapter1,Section65.12,oftheNationalFloodInsuranceRegulations,acommunitymaypermitencroachmentswithintheadoptedregulatoryfloodwaythatwouldresultinanincreaseinBase FloodElevations,providedthatthecommunityfirstappliesforaCLDMRandfloodwayrevisionthroughFEMA.SECTIONE.ALTERATIONOFAWATERCOURSEForallproposeddevelopmentsthatalterawatercoursewithinaSpecialFloodHazardArea,thefollowingstandardsapply:1.Channelizationandflowdiversionprojectsshallappropriatelyconsiderissuesofsedimenttransport,erosion,deposition,andchannelmigrationandproperlymitigate potentialproblemsthroughtheprojectaswellasupstreamanddownstreamof anyimprovementactivity.Adetailedanalysisofsedimenttransportandoverallchannelstability shouldbeconsidered,whenappropriate,to2306-17-19 TC PacketPage 79 of 24279 assistindeterminingthemostappropriatedesign.2.Channelizationandflowdiversionprojectsshallevaluatetheresidual100-yearfloodplain.3.AnychannelizationorotherstreamalterationactivityproposedbyaprojectproponentmustbeevaluatedforitsimpactontheregulatoryfloodplainandbeincompliancewithallapplicableFederal,Stateandlocalfloodplainrules,regulationsandordinances.4.Anystream alterationactivityshallbedesignedandsealedbyaregisteredColoradoProfessionalEngineerorCertifiedProfessionalHydrologist.5.Allactivities withintheregulatoryfloodplainshallmeetallapplicableFederal,StateandSnowmassVillagefloodplainrequirementsandregulations.6.WithintheRegulatoryFloodway,streamalterationactivitiesshallnotbeconstructedunlesstheprojectproponentdemonstratesthroughaFloodwayanalysisandreport,sealedbyaregisteredColoradoProfessionalEngineer,thatthereisnot morethana0.00-footriseintheproposedconditionscomparedtoexistingconditionsFloodwayresultingfromtheproject,otherwiseknownasaNo-RiseCertification, unlessthecommunityfirstappliesforaCLOMRandFloodwayrevisioninaccordancewith SectionDofthisArticle.7.Maintenanceshall berequiredforanyalteredorrelocatedportionsofwatercoursessothattheflood-carrying capacityisnotdiminished.SECTIONF.PROPERTIESREMOVEDFROMTHEFLOODPI.AINBYFILl.AFloodplainDevelopmentPermitshallnotbeissuedfortheconstructionofanewstructureoradditiontoanexistingstructureonaproperty removedfromthefloodplainbytheissuanceofaFEMALetterofMapRevision BasedonFill(LOMR-F),unlesssuchnewstructureoradditioncomplieswiththefollowing:1.RESIDENTIALCONSTRUCTIONThelowestfloor(includingbasement),electrical,heating,ventilation,plumbing, andairconditioningequipmentandotherservicefacilities(includingductwork),mustbeelevated toonefootabovetheBaseFloodElevationthatexistedpriortotheplacementoffill.2.NONRESIDENTIALCONSTRUCTIONThelowestfloor(includingbasement),electrical,heating,ventilation,plumbing, andairconditioningequipmentandotherservicefacilities (includingductwork),mustbeelevatedto onefootabovetheBaseFloodElevationthatexistedpriortotheplacementoffill,ortogetherwithattendantutilityandsanitaryfacilitiesbedesignedsothatthe structureoradditioniswatertighttoatleastonefootabovethebasefloodlevelthatexistedpriortotheplacementoffillwithwallssubstantiallyimpermeabletothepassageofwaterandwithstructuralcomponentshavingthecapabilityofresistinghydrostaticandhydrodynamicloadsofeffectsofbuoyancy.2406-17-19 TC PacketPage 80 of 24280 SECTION6.STANDARDSFORSUBDIVISIONPROPOSALS1.Allsubdivisionproposalsincludingtheplacementofmanufacturedhomeparksandsubdivisionsshallbereasonablysafefromflooding.Ifasubdivisionorotherdevelopmentproposalisinaflood-pronearea,theproposalshallminimizeflooddamage.2.Allproposalsforthedevelopmentofsubdivisionsincludingtheplacementofmanufacturedhomeparksand subdivisionsshallmeetFloodplainDevelopmentPermitrequirementsofArticle3,SectionC;Article4,SectionC;andtheprovisionsofArticle5ofthisordinance.3.BaseFloodElevationdatashallbegeneratedforsubdivisionproposalsandotherproposeddevelopmentincludingtheplacementofmanufacturedhomeparksandsubdivisionswhichisgreaterthan50lots or5acres,whicheverislesser,ifnototherwiseprovidedpursuanttoArticle3,SectionBorArticle4,SectionBofthisordinance.4.Allsubdivisionproposalsincludingtheplacementofmanufacturedhomeparksandsubdivisionsshallhaveadequatedrainageprovidedtoreduceexposuretofloodhazards.5.Allsubdivisionproposalsincludingtheplacementofmanufacturedhomeparksandsubdivisionsshallhavepublicutilitiesandfacilitiessuchassewer,gas,electricalandwatersystemslocatedandconstructedtominimizeoreliminateflooddamage.SECTIONH.STANDARDSFORCRITICALFACILITIESACriticalFacilityisastructureorrelatedinfrastructure,butnotthelandonwhichitissituated,asspecifiedinRule6oftheRulesand RegulationsforRegulatoryFloodplainsinColorado,thatiffloodedmayresultinsignificanthazardstopublichealthandsafetyorinterruptessentialservices andoperationsforthecommunityat anytimebefore,duringandafteraflood.1.CLASSIFICATIONOFCRITICALFACILITIESItistheresponsibility oftheTownCounciltoidentify and confirmthatspecificstructuresintheircommunitymeet thefollowingcriteria:CriticalFacilitiesareclassifiedunderthefollowingcategories:(a)EssentialServices;(b)Hazardous Materials;(c)At-riskPopulations;and(d)VitaltoRestoringNormalServices.a.Essentialservicesfacilitiesincludepublicsafety,emergencyresponse,emergencymedical,designated emergency shelters,communications,public utilityplantfacilities,andtransportationlifelines.2506-17-19 TC PacketPage 81 of 24281 Thesefacilitiesconsistof:i.Publicsafety(policestations,fireandrescuestations,emergencyvehicleandequipmentstorage,and,emergencyoperationcenters);ii.Emergencymedical(ho5pitals,ambulanceservicecenters,urgentcarecentershavingemergencytreatmentfunctions,andnon-ambulatorysurgicalstructuresbutexcludingclinics,doctorsoffices,andnon-urgentcaremedicalstructuresthatdonotprovidethesefunctions);iii.Designatedemergencyshelters;iv.Communications(mainhubsfortelephone,broadcastingequipmentforcablesystems,satellitedishsystems,cellularsystems,television,radio,andotheremergencywarningsystems,butexcludingtowers,poles,lines,cables,andconduits);v.Publicutilityplantfacilitiesforgenerationanddistribution(hubs,treatmentplants,substationsandpumpingstationsforwater,powerandgas,butnotincludingtowers,poles,powerlines,buriedpipelines,transmissionlines,distributionlines,andservicelines);andvi.AirTransportationlifelines(airports(municipalandlarger),helicopterpadsandstructuresservingemergencyfunctions,andassociatedinfrastructure(aviationcontroltowers,airtrafficcontrolcenters,andemergencyequipmentaircrafthangars).Specificexemptionstothiscategoryincludewastewatertreatmentplants(WWTP),non-potablewatertreatmentanddistributionsystems,andhydroelectricpower generatingplantsandrelatedappurtenances.PublicutilityplantfacilitiesmaybeexemptedifitcanbedemonstratedtothesatisfactionoftheTownCouncilthatthefacilityisanelementofaredundantsystemforwhichservicewillnotbeinterruptedduringaflood.Ataminimum,itshallbedemonstratedthatredundantfacilitiesareavailable(eitherownedbythesameutilityoravailablethroughanintergovernmentalagreementorothercontract)andconnected,thealternativefacilitiesareeitherlocatedoutsideofthe100-yearfloodplainorarecompliantwiththeprovisionsofthisArticle,andanoperationsplanisineffectthatstateshowredundantsystemswillprovideservicetotheaffectedareaintheeventofaflood.EvidenceofongoingredundancyshallbeprovidedtotheTownCouncilonanas-neededbasisuponrequest.b.Hazardousmaterialsfacilitiesincludefacilitiesthatproduceorstorehighlyvolatile,flammable,explosive,toxicand/orwater-reactivematerials.Thesefacilitiesmayinclude:i.Chemicalandpharmaceuticalplants(chemicalplant,2606-17-19 TC PacketPage 82 of 24282 pharmaceuticalmanufacturing);ii.Laboratoriescontaininghighlyvolatile,flammable,explosive,toxicand/orwater-reactivematerials;iii.Refineries;iv.Hazardouswastestorageanddisposalsites;andv.Aboveground gasolineorpropane storageorsalescenters.FacilitiesshallbedeterminedtobeCriticalFacilitiesiftheyproduceorstorematerialsinexcessofthresholdlimits,IftheownerofafacilityisrequiredbytheOccupationalSafetyandHealthAdministration(OSHA)tokeepaMaterialSafetyDataSheet(MSDS)onfileforanychemicalsstoredorusedintheworkplace,ANDthechemical(s)isstoredinquantitiesequaltoorgreaterthantheThresholdPlanningQuantity(TPQ)forthatchemical,thenthatfacilityshallbeconsideredtobeaCritical Facility.TheTPQforthesechemicalsis:either500poundsortheTPQlisted(whicheverislower)forthe356chemicalslistedunder40C.F.R.§302(2010),also knownasExtremelyHazardousSubstances(EHS);or10,000poundsforanyotherchemical.ThisthresholdisconsistentwiththerequirementsforreportablechemicalsestablishedbytheColoradoDepartmentofHealthandEnvironment.OSHArequirementsforMSDScanbefoundin29C.F.R.§1910 (2010).TheEnvironmentalProtectionAgency(EPA)regulation“Designation,ReportableQuantities,andNotification,”40C.F.R.§302(2010)andOSHAregulation“OccupationalSafetyandHealthStandards,”29C.F.R.§1910(2010)areincorporatedhe’reinbyreferenceandincludetheregulationsinexistenceatthetimeofthepromulgationthisordinance,butexcludelateramendmentstooreditionsoftheregulationsSpecificexemptionstothiscategoryinclude:i.Finishedconsumerproductswithinretailcentersandhouseholdscontaininghazardousmaterialsintendedforhouseholduse,andagriculturalproductsintendedforagriculturaluse.ii.Buildingsandotherstructurescontaininghazardous materialsforwhichitcanbedemonstratedtothesatisfactionofthelocalauthorityhavingjurisdictionbyhazardassessmentandcertificationbyaqualifiedprofessional(asdeterminedbythelocaljurisdictionhavinglanduseauthority)thatareleaseofthesubjecthazardousmaterialdoes notposeamajorthreattothepublic.iii.Pharmaceuticalsales,use,storage,anddistributioncentersthatdonotmanufacturepharmaceuticalproducts.Theseexemptionsshallnotapplytobuildingsorotherstructures thatalsofunctionas2706-17-19 TC PacketPage 83 of 24283 CriticalFacilitiesunderanothercategoryoutlinedinthisArticle.c.At-riskpopulationfacilitiesincludemedicalcare,congregatecare,andschools.Thesefacilitiesconsistof:i.Eldercare(nursing homes);ii.Congregatecareserving12ormoreindividuals(daycareandassistedliving);iii.Publicandprivateschools(pre-schools,K-12schools),before-schoolandafter-schoolcareserving12ormorechildren);d.Facilitiesvitaltorestoringnormalservicesincludinggovernmentoperations.Thesefacilitiesconsistof:i.Essentialgovernmentoperations(publicrecords,courts,jails,buildingpermittingandinspectionservices,communityadministrationandmanagement,maintenanceandequipmentcenters);ii.Essentialstructuresforpubliccollegesanduniversities(dormitories,offices,andclassroomsonly).ThesefacilitiesmaybeexemptedifitisdemonstratedtotheTownCouncilthatthefacilityisanelementofaredundantsystemforwhichservicewillnotbeinterruptedduringaflood.Ataminimum,itshallbedemonstratedthatredundantfacilitiesareavailable(eitherownedbythesameentityoravailablethroughanintergovernmentalagreementorothercontract),thealternativefacilitiesareeitherlocatedoutsideofthe100-yearfloodplainorarecompliantwiththisordinance,andanoperationsplanisineffectthatstateshowredundantfacilitieswillprovideservicetotheaffectedareainthe eventofaflood.EvidenceofongoingredundancyshallbeprovidedtotheTownCouncilonanas-neededbasisuponrequest.2.PROTECTIONFORCRITICALFACILITIESAllnewandsubstantiallyimprovedCriticalFacilitiesandnewadditionstoCriticalFacilitieslocatedwithintheSpecialFloodHazardAreashallberegulatedtoahigherstandardthanstructuresnotdeterminedtobeCriticalFacilities.Forthepurposesofthisordinance,protectionshallincludeoneofthefollowing:a.LocationoutsidetheSpecialFloodHazardArea;orb.Elevationofthelowestfloororfloodproofingofthestructure,togetherwithattendantutilityandsanitaryfacilities,toatleasttwofeetabovetheBaseFloodElevation.2806-17-19 TC PacketPage 84 of 24284 3.INGRESSANDEGRESSFORNEWCRITICAlFACIlITIESNewCriticalFacilitiesshall,whenpracticableasdeterminedbytheTownCouncil,havecontinuousnon-inundatedaccess(ingressandegressforevacuationandemergencyservices)duringalOO-yearfloodevent.SectionThree:Severability.IfanyprovisionofthisResolutionorapplicationhereoftoanypersonorcircumstanceisheldinvalid,theinvalidityshallnotaffectanyotherprovisionorapplicationofthisResolutionwhichcanbegiveneffectwithouttheinvalidprovisionorapplication,and,tothisend,theprovisionsofthisResolutionareseverable.INTRODUCED,READANDADOPTEDonthemotionofPlanningCommissionmemberMarshackandthesecondofPlanningCommissionmemberAnathanbyavoteofSinfavorand0against,onthis15thdayof May2019.ATtEST:TOWNOFSNOWMASSVILLAGEPLANNINGCOMMISSIONTomCindyFord,PlanningCommissionSecretary2906-17-19 TC PacketPage 85 of 24285 Colorado Floodplain Damage Prevention Ordinance Colorado Water Conservation Board Dept. of Natural Resources 06-17-19 TC Packet Page 86 of 242 86 Purpose: The purpose of this model ordinance is to assist local officials in adopting floodplain management regulations that adhere to the minimum standards of both the National Flood Insurance Program (NFIP) and the State of Colorado. 6/13/201906-17-19 TC Packet Page 87 of 242 87 Intent These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. 6/13/2019 06-17-19 TC Packet Page 88 of 242 88 For a Community to Participate in the NFIP, it must: •adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. •In return, the Federal Emergency Management Agency (FEMA) provides the availability of flood insurance coverage within the community. 6/13/2019 06-17-19 TC Packet Page 89 of 242 89 Higher Standards The State of Colorado adopted higher standards for floodplain management, which are outlined in the Rules and Regulations for Regulatory Floodplains in Colorado (Rules). The higher standards have been incorporated into the Model Ordinance being considered by the Town Council. 6/13/2019 06-17-19 TC Packet Page 90 of 242 90 Proposed Regulations for TOSV Added to Section 16A-4-40, Floodplain and wetland areas. •Subsection (f): Additional Requirements. In addition to the regulations set forth above, and in order to maintain eligibility in the National Flood Insurance Program (NFIP), the Town hereby incorporates the following subordinate regulations related to development and the prevention of flooding. 6/13/2019 06-17-19 TC Packet Page 91 of 242 91 Additional Regulations Outlined I.TITLE AND PURPOSE II.DEFINITIONS III.GENERAL PROVISIONS IV.ADMINISTRATION V.PROVISIONS FOR FLOOD HAZARD REDUCTION 6/13/2019 06-17-19 TC Packet Page 92 of 242 92 Existing TOSV FIRM Map (Typical) Sept. 30, 1988 6/13/2019 06-17-19 TC Packet Page 93 of 242 93 Typical new FIRM maps August 15, 2019 6/13/2019 06-17-19 TC Packet Page 94 of 242 94 Key to New Maps (Pitkin County GIS) 6/13/2019 06-17-19 TC Packet Page 95 of 242 95 Proposed TOSV Maps West Village 6/13/2019 06-17-19 TC Packet Page 96 of 242 96 Near Roundabout 6/13/2019 06-17-19 TC Packet Page 97 of 242 97 Owl Creek Rd Area 6/13/2019 06-17-19 TC Packet Page 98 of 242 98 Snowmass Golf Club Area 6/13/2019 06-17-19 TC Packet Page 99 of 242 99 Near W & S District Office 6/13/2019 06-17-19 TC Packet Page 100 of 242 100 Near Rodeo/Rec Center 6/13/2019 06-17-19 TC Packet Page 101 of 242 101 TC Action Needed Consider TC Draft Ordinance #9 to add new Subsection (f) to 16A-4-40 Floodplains and wetlands, that incorporates State Model Ordinance language so that the Town will be eligible to remain in National Flood Insurance Program (NFIP). 6/13/2019 06-17-19 TC Packet Page 102 of 242 102 Questions? 6/13/2019 06-17-19 TC Packet Page 103 of 242 103 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: June 17, 2019 AGENDA ITEM: RESOLUTION NO. 31, SERIES OF 2019 – AMENDING THE TITLE VI PLAN IN COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964 AND TITLE 49 – PART 21, NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION . PRESENTED BY: David Peckler, Transportation Director BACKGROUND: The Town receives grants from the FTA that support the Village Shuttle service on a year-round basis and for our capital purchases of vehicles. The FTA grants in 2019 are for: $270,180 in Operating assistance, $50,000 in a Section 5311 Capital grant for a vehicle purchase. Jurisdictions that receive combined FTA grant funding are required to adopt a Title VI Plan as part of the FTA’s Certifications and Assurances in their Master Agreement. The Title VI Plan includes: • Assurances that information and services are accessible to individuals regardless of race, color or national origin; and • There will be assistance available for individuals with Limited English Proficiency (LEP); and • There is a formal procedure for handling complaints under Title VI of the Civil Rights Act of 1967. The significant changes to the Title VI plan from 2016 are as follows: • We have completed the conversion of our web site so that it is compatible with Google Translator. This means that all our seasonal service descriptions and winter route map can be translated into any language available. We can print materials for individuals or they can access the information from our web page. • General language has been cleaned up and made compliant with the current guidelines. This is mostly a housekeeping issue. 06-17-19 TC Packet Page 104 of 242 104 FINANCIAL IMPACT: The Town is in the position to be awarded $320,180 in grant funding in 2019 with the proper guidelines in place. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Describe the impact to any relevant council goals, if any. COUNCIL OPTIONS: 1. Approve the Resolution 2. Amend the Resolution to change the Title Vi Plan 3. Disapprove the Resolution STAFF RECOMMENDATION: Staff requests Council’s approval of Resolution NO. 31, Series of 2019 to adopt the amended Title VI Civil Rights Plan to ensure that the services provided by the Town, using funding from the Federal Transit Administration (FTA), shall in no way excluded any person from participation in, benefit of, or in any way subject someone to discrimination on the grounds of race, color or national origin. ATTACHMENTS: 1. Town of Snowmass Village Federal Transit Administration Title VI Program 2. Resolution 31 Series of 2019 Title VI Program Amendment 06-17-19 TC Packet Page 105 of 242 105 Town of Snowmass Village Federal Transit Administration (FTA) Title VI Program Submitted to: Eboni Younger-Riehl Civil Rights Specialist Title VI and Division of Transit & Rail Liaison Civil Rights & Business Resource Center Colorado Department of Transportation (CDOT) 2829 West Howard Place, Denver, CO 80204 CDOT Approved Draft: May 30, 2019 Update Submitted for Draft Review: March 15, 2019 Last Submission Date: December 16, 2015 06-17-19 TC Packet Page 106 of 242 106 SUBRECIPIENT INFORMATION SUBRECIPIENT: Town of Snowmass Village – Village Shuttle FTA Section 5311 Program Rural Transit Service SUBMITTAL DATE: March 15, 2019 (Draft for Review); CDOT Approved Draft: May 30, 2019 EXPIRATION YEAR: 2022 CONTACT INFORMATION: David Peckler Transportation Director Town of Snowmass Village – Village Shuttle 51A Elbert Lane PO Box 5010 Snowmass Village, CO 81615 dpeckler@tosv.com Phone: 970-923-2543 06-17-19 TC Packet Page 107 of 242 107 Table of Contents I. Provision of Title VI Assurances .......................................................................................... 4 II. Title VI Compliance History: Complaints, Investigations, Lawsuits ...................................... 5 II. Incorporation of the Program ............................................................................................ 6 IV. General Guidelines / Requirements .................................................................................. 9 Annual Certification and Assurance .............................................................................................................. 9 Complaint Procedure .................................................................................................................................... 9 Record Title VI Activities ............................................................................................................................... 9 Access for LEP Persons .................................................................................................................................. 9 Public Notification ....................................................................................................................................... 10 Additional Information................................................................................................................................ 10 Timely Submission ...................................................................................................................................... 10 Transit Related Council/Board Membership .............................................................................................. 11 Public Participation ..................................................................................................................................... 11 System Wide Service Standard and Policies ............................................................................................... 13 Appendix A: Title VI Clause Regarding All Contracts Subject to Title VI ................................. 14 Appendix B: Title VI Clause Regarding Real Property Transactions ........................................ 16 Appendix C: Title VI Clause Regarding Federally Funded Real Property Transactions/Improvements ................................................................................................ 18 Appendix D: Public Notices of Rights / Complaint Process / Complaint Log ........................... 20 Appendix E: Limited English Proficiency (LEP) Plan ............................................................... 30 Appendix F: Policies and Procedures for use of Public Transit to include System Wide Service Standards and Policies ......................................................................................................... 36 Appendix G: Title VI Equity Analysis ..................................................................................... 46 Appendix H: Public Participation Plan .................................................................................. 47 Appendix I: Council Approval of Title VI Program ................................................................. 49 06-17-19 TC Packet Page 108 of 242 108 I. PROVISION OF TITLE VI ASSURANCES The Town of Snowmass Village hereby certifies that, as a condition of receiving Federal financial assistance under the Urban Mass Transportation Act of 1964, as amended, it will ensure that: a. Snowmass Village shall submit on an annual basis, their Title VI Assurance, as part of their annual Certification and Assurance submission to CDOT and the FTA. b. No person, on the basis of race, color, or national origin, will be subjected to discrimination in the level and quality of transportation services and transit- related benefits. c. Snowmass Village will compile, maintain, and submit in a timely manner, Title VI information required by FTA Circular 4702.1B and in compliance with the Department of Transportation’s Title VI Regulation, 49 CFR, Part 21.7. d. Town of Snowmass Village will make it known to the public that those persons or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation. 06-17-19 TC Packet Page 109 of 242 109 II. TITLE VI COMPLIANCE HISTORY: COMPLAINTS, INVESTIGATIONS AND LAWSUITS a. There are no outstanding complaints; investigations; or lawsuits naming the Town of Snowmass Village that allege discrimination on the basis of race, color or national origin with respect to service or other transit benefits. b. There are no pending applications for Federal financial assistance, and there is no Federal financial assistance currently being provided to the Town of Snowmass Village, other than that being supplied by the Federal Transit Administration (FTA). Currently the Town of Snowmass Village is applying for Section 5311 and Section 5339 funding as a subrecipient through the Colorado Department of Transportation (CDOT), a recipient of FTA funds. c. During the course of the last three (3) years, there have not been any civil rights compliance review activities conducted with respect to the Town of Snowmass Village and, to the best of our knowledge, there are not presently any ongoing civil rights compliance review activities being conducted with respect to the Town of Snowmass Village. d. There are currently no pending construction projects which would negatively impact minority communities being performed by the Town of Snowmass Village. 06-17-19 TC Packet Page 110 of 242 110 III. INCORPORATION OF THE PROGRAM Town of Snowmass Village (hereinafter referred to as “Snowmass Village” or “Recipient”) hereby agrees that, as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the “Act”), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the “Regulations”), and other pertinent directives. No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration, and hereby gives assurance that it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) of the Regulations. More specifically, and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to its Federal Transit Administration program: a. That the Recipient agrees that each “program” and each “facility”, as defined in subsections 21.23(e) and 21.23(b) of the Regulations will be (with regard to a “program”) conducted, or will be (with regard to a “facility“) operated, in compliance with all requirements imposed by, or pursuant to, the Regulations. b. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federal Transit Administration programs and, in adapted form in all proposals or negotiated agreements: Snowmass Village, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders/proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to the invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 06-17-19 TC Packet Page 111 of 242 111 c. That the Recipient shall insert the clauses contained herein as APPENDIX A in every contract subject to this Act and the Regulations. d. That the Recipient shall insert the clauses contained herein as APPENDIX B, as a covenant running with the land, in any deed from the United States affecting a transfer of real property, structures, or improvements thereon, or interest herein. e. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. f. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over or under such property. g. That the Recipient shall include the appropriate clauses contained herein as APPENDIX C, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under Federal Transit Administration programs; and (b) for the construction or use of, or access to, space on, over, or under real property acquired, or improved under Federal Administration programs. h. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. i. The Recipient shall provide for such methods of administration for the programs as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. j. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. 06-17-19 TC Packet Page 112 of 242 112 k. The Recipient assures that the level and quality of transit service and related benefits are provided in a manner consistent with Title VI of the Civil Rights Act of 1964. These assurances are given in consideration of, and for the purpose of, obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Department of Transportation under the Federal Transit Administration and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Transit Administration programs. The person(s) whose signature appears below, are authorized to sign these assurances on behalf of the grant applicant or recipient. Date: David Peckler, Transportation Director Town of Snowmass Village Date: Clint Kinney, Town Manager Town of Snowmass Village 06-17-19 TC Packet Page 113 of 242 113 IV. GENERAL GUIDELINES/REQUIREMENTS a. Annual Certification and Assurance As stated in Section I, the Town of Snowmass Village shall submit annually, their Title VI assurance, as part of their annual Certification and Assurance submission to CDOT and the FTA. b. Complaint Procedures In compliance with 49 CFR Section 21.9(b), the Town of Snowmass Village has developed procedures for investigating and tracking Title VI complaints filed against them. Such procedures shall be made available to the public upon request. The Town of Snowmass Village complaint procedures and complaint form are contained herein as APPENDIX D. c. Record Title VI Activities In compliance with 49 CFR Section 21.9(b), the Town of Snowmass Village shall prepare and maintain a list of any active investigations conducted by entities other than the FTA, or complaints or lawsuits naming the Town of Snowmass Village that allege discrimination on the basis of race, color, or nation origin. Such list shall include, and an example is shown in APPENDIX D, 1) Date the complaint, investigation, or lawsuit was filed; 2) Summary of the allegation(s); 3) The status of the complaint, investigation, or lawsuit, and 4) Actions taken by the Town of Snowmass Village in response to the complaint, investigation, or lawsuit. d. Access for LEP Persons The Town of Snowmass Village shall take steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are Limited English Proficient (LEP). The Town of Snowmass Village will assist persons with limited English proficiency to participate in the transportation planning process. The Town of Snowmass Village staff will make every effort to provide translators and document translation, where feasible, upon request. The Town of Snowmass Village’s Limited English Proficiency (LEP) Plan is contained herein as APPENDIX E. 06-17-19 TC Packet Page 114 of 242 114 e. Public Notification In compliance with 49 CFR Section 21.9(d), the Town of Snowmass Village shall provide information to the public regarding their Title VI obligations and apprise members of the public of the protections against discrimination afforded to them by the Title VI. The Town of Snowmass Village complaint procedures and public notification information, as well as a list of locations where the notice is posted, are contained herein as APPENDIX D. f. Additional Information The Town of Snowmass Village acknowledges that, at the discretion of the FTA and CDOT, information other than that which is required by FTA C 4702.1B, may be requested in writing of the Town of Snowmass Village to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI. g. Timely Submission The Town of Snowmass Village acknowledges that their Title VI Program submissions and/or updates thereto, shall be supplied to CDOT once every three (3) years. The submission shall include, but is not limited to: 1) A public participation plan (Appendix H), including information about outreach methods to engage minority and limited English proficient populations (LEP), as well as a summary of outreach efforts made since the last Title VI Program submission; 2) Town of Snowmass Village’s process for persons with limited English proficiency (LEP); 3) Title VI Complaint and Tracking procedures; 4) A list of any Title VI complaints, investigations, or lawsuits filed since the last submission; and 5) A copy of Town of Snowmass Village’s public notice regarding Title VI compliance and public access and instructions to Town of Snowmass Village Title VI complaint procedures. Portions of the Plan which have not changed since the last submission will not be resubmitted, however, the Town of Snowmass Village shall include a statement to this effect in lieu of copies of the original documents in order to eliminate redundancy in resubmissions. 06-17-19 TC Packet Page 115 of 242 115 h. Transit Related Council/Board Membership The Town of Snowmass Village Town Council manages the Snowmass Village “Village Shuttle” transit service. The Town of Snowmass Village is a home rule municipality and is governed by a Town Council comprised of the Mayor and four council members, all of whom are nominated and elected from within the town. The Town Council is the governing and legislative body for the Town and is responsible for adopting laws, ordinances, and resolutions as deemed necessary. The Mayor is elected at-large to a two-year term, and the four council members are each elected to four-year overlapping terms. In order to encourage the participation of minorities to serve, a public notice is published and posted on the Town’s website; at Town Hall; at the Snowmass Center (which houses the post office and main grocery store); via E-Blast; and in the Snowmass Sun prior to the expiration of the term advertising the open position to any Town resident and stating that the Town of Snowmass Village does not discriminate on the basis of race, color or national origin. The racial breakdown of the current council is three Caucasian males and two Caucasian females. This list and breakdown have not changed since our last submission. Town Council Member Racial Breakdown Markey Butler, Mayor 100% Caucasian Tom Goode 100% Caucasian Bill Madsen 100% Caucasian Alyssa Shenk 100% Caucasian Bob Sirkus 100% Caucasian i. Public Participation The Town of Snowmass Village shall seek out and consider viewpoints of minority and LEP populations in the course of conducting public outreach and involvement activities in regards to proposed transportation decisions. The Town of Snowmass Village shall make every effort to include the following practices: 1) Coordination with individuals, institutions, or organizations and implementing community-based public involvement strategies to reach out to members in the affected minority and/or LEP communities; 2) Provision of opportunities for public participation through means other than written communication, such as personal interviews or use of audio or video recording devices to capture oral comments; 06-17-19 TC Packet Page 116 of 242 116 3) Utilization of locations, facilities and meeting times that are convenient and accessible to LEP and minority communities; 4) Utilization of different meeting sizes or formats, or varying the type and number of news media used to announce public participation opportunities; and 5) Implementation of DOT’s policy guidance regarding the Town of Snowmass Village’s responsibilities to LEP persons. Town Council meetings are held on the first and third Monday of each month at 4:00 pm. All meetings are held in the Council Chambers at Snowmass Village Town Hall, 130 Kearns Road, Snowmass Village, CO unless otherwise posted. The public is welcome to attend meetings and address the Mayor and Town Council. The public can also email each Council member and if the Town Clerk is cc’d, then the email is considered public record. Meeting agendas, packets and minutes are listed on the Town of Snowmass Village website and if registered, individuals can receive email notifications each time new meeting agendas are posted. The agenda is also posted at the Snowmass Village town office, the Snowmass Center, and on the Town’s website the Friday before each meeting. A public hearing is held during each meeting when the following subjects can be discussed in regards to transit:  Annual budget adoption;  Capital improvement plan adoption;  Hearings required by State and Federal law or regulation in the pursuit of grants; and  Any other matter which the Council desires to be discussed at a public meeting. j. System-Wide Service Standards and Policies The Town of Snowmass Village shall define system-wide service standards and system- wide service policies, per the requirements of Title 49 CFR Sections a) 21.5 which states the general prohibition of discrimination on the grounds of race, color, or national origin; b) 21.5(b)(2) which specifies that a recipient shall not “utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, or national origin.”; and c) 21.5(b)(7) which requires recipients to “take affirmative action to assure that no person is excluded from participation in or 06-17-19 TC Packet Page 117 of 242 117 denied the benefits of the program or activity on the grounds of race, color, or national origin.” Also, Appendix C to 49 CFR part 21 provides in Section (3)(iii) that “[n]o person or group of persons shall be discriminated against with regard to the routing, scheduling, or quality of service of transportation service furnished as a part of the project on the basis of race, color, or national origin. Frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, or national origin. System-wide service standards and policies will address how service is distributed across the transit system, and show how the system ensures that the manner of the distribution affords users access to these assets. Service policies will also be designed to ensure service design and operations practices do not result in discrimination on the basis of race, color, or national origin. Service policies differ from service standards in that they are not necessarily based on a quantitative threshold. Service standards will document the vehicle load for each mode, the vehicle headway for each mode, the on time performance for each mode, and the service availability for each mode. Service policies will document the transit amenities for each mode and the vehicle assignment for each mode. Standards and Policies documenting these federal requirements are contained herein as APPENDIX F. Date: David Peckler, Transportation Director Town of Snowmass Village Date: Clint Kinney, Town Manager Town of Snowmass Village 06-17-19 TC Packet Page 118 of 242 118 APPENDIX A - Title VI Clause Regarding All Contracts Subject to Title VI (to be inserted into every contract subject to Title VI) The Town of Snowmass Village is herein referred to as “Snowmass Village” During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by SNOWMASS VILLAGE or the FEDERAL TRANSIT ADMINISTRATION to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to SNOWMASS VILLAGE, or the FEDERAL TRANSIT ADMINISTRATION as appropriate, and shall set forth what efforts it has made to obtain the information. 06-17-19 TC Packet Page 119 of 242 119 5) Sanctions for Noncompliance: In the event of the contractor’s noncompliance with nondiscrimination provision of this contract, SNOWMASS VILLAGE shall impose contract sanctions as it or the FEDERAL TRANSIT ADMINSTRATION may determine to be appropriate, including but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination, or suspension of the contract, in whole or in part. 6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as SNOWMASS VILLAGE or the FEDERAL TRANSIT ADMINISTRATION may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request SNOWMASS VILLAGE to enter into such litigation to protect the interests of SNOWMASS VILLAGE, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 06-17-19 TC Packet Page 120 of 242 120 APPENDIX B - Title VI Clause Regarding Real Property Transactions (to be inserted into real property transactions) The Town of Snowmass Village is herein referred to as “Snowmass Village” The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by Law, and upon the condition that SNOWMASS VILLAGE will accept title to the Lands and maintain the project constructed thereon, in accordance with THE STATE OF COLORADO, and the policies and procedures prescribed by FEDERAL TRANSIT ADMINISTRATION of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quit claim and convey unto SNOWMASS VILLAGE all the right, title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENOUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto SNOWMASS VILLAGE and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on SNOWMASS VILLAGE, its successors and assigns. SNOWMASS VILLAGE, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby [,] [and]* (2) that SNOWMASS VILLAGE shall use the lands and interest in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, 06-17-19 TC Packet Page 121 of 242 121 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. * * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 06-17-19 TC Packet Page 122 of 242 122 APPENDIX C - Title VI Clause Regarding Federally Funded Real Property Transactions/Improvements (to be inserted into Federally funded real property transactions or improvements) The Town of Snowmass Village is herein referred to as “Snowmass Village” The following clauses shall be included in all deeds, licenses, teases, permits, or similar instruments entered into by SNOWMASS VILLAGE pursuant to the provisions of Assurance 7(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee Lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, SNOWMASS VILLAGE shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said (licenses, lease, permit, etc.) to re-enter and repossess said land and facilities thereon, and hold the same as if said (license, lease, permit, etc) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants SNOWMASS VILLAGE shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of SNOWMASS VILLAGE and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by SNOWMASS VILLAGE pursuant to the provisions of Assurance 7(b). The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the 06-17-19 TC Packet Page 123 of 242 123 consideration hereof, does hereby covenant and agree (in case of deeds, and leases add “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin shall be excluded form participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breech of any of the above nondiscrimination covenants, SNOWMASS VILLAGE shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities as thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, SNOWMASS VILLAGE shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of SNOWMASS VILLAGE and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 06-17-19 TC Packet Page 124 of 242 124 APPENDIX D TITLE VI PUBLIC NOTICE OF RIGHTS / COMPLAINT PROCESS / COMPLAINT LOG TOWN OF SNOWMASS VILLAGE Public Notice of Rights The following statement is posted in conspicuous and accessible locations at the Town of Snowmass Village transportation office; on the Town of Snowmass Village transportation website (http://www.snowmasstransit.com/); on route maps; at the Daly Lane transportation station; and permanently displayed on public transit vehicles. English: Notifying the Public of Rights Under Title VI and ADA Town of Snowmass Village The Town of Snowmass Village operates its programs and services without regard to race, color, national origin or disability in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA). Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI or ADA may file a complaint with the Town of Snowmass Village. For more information on the Town of Snowmass Village’s civil rights program, and the procedures to file a complaint, contact Village Shuttle Title VI/ADA Coordinator; Phone: 970-923-2543; email: dpecker@tosv.com; or visit our administrative office at 51A Elbert Lane, Snowmass Village, CO 81615. For more information, visit http://www.snowmasstransit.com/. A complainant may file a complaint directly with the Colorado Department of Transportation (CDOT) or the Federal Transit Administration (FTA) by filing a complaint directly with the corresponding offices of Civil Rights: CDOT: ATTN: Title VI Civil Rights Specialist, 2829 West Howard Place, 1st Floor, Denver CO, 80204 FTA: ATTN: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington DC 20590 If information is needed in another language, contact 970-923-2543. Para información en Español llame: David Peckler, Transportation Director. 06-17-19 TC Packet Page 125 of 242 125 Spanish: Aviso al Público Sobre los Derechos Bajo el Título VI y ADA Town of Snowmass Village The Town of Snowmass Village (y sus subcontratistas, si cualquiera) asegura complir con el Título VI de la Ley de los Derechos Civiles de 1964, Sección 504 de la Ley de Rehabilitación de 1973 y La Ley de ciudadanos Americanos con Discapacidades de 1990 (ADA). El nivel y la calidad de servicios de transporte serán provehidos sin consideración a su raza, color, o pais de origen. Para obtener más información sobre la Town of Snowmass Village’s programa de derechos civiles, y los procedimientos para presentar una queja, Village Shuttle Title VI/ADA Coordinator; Phone: 970-923-2543; email: dpecker@tosv.com; o visite nuestra oficina administrativa en 51A Elbert Lane, Snowmass Village, CO 81615. Para obtener más información, visite http://www.snowmasstransit.com/. El puede presentar una queja directamente con Colorado Departamento of Transportación (CDOT) o Federal Transit Administration (FTA) mediante la presentación de una queja directamente con las oficinas correspondientes de Civil Rights: CDOT: ATTN: Title VI Civil Rights Specialist, 2829 West Howard Place, 1st Floor, Denver CO, 80204 FTA: ATTN Title VI Program Coordinator, East Building, 5th Floor –TCR 1200 New Jersey Ave., SE Washington DC 20590 Title VI Information, Limited English Proficient (LEP), and ADA information and Complaint Process (for printed materials, website, and other mediums upon request) The Town of Snowmass Village grants all persons equal access to all its public transportation services. It is further the intent of the Town of Snowmass Village that all persons are aware of their rights to such access. This is designed to serve as an educational tool for citizens so that they may understand one of the civil rights laws that protect their benefit of the Town of Snowmass Village programs and services, specifically, as it relates to Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA). What is Title VI? Title VI is a section of the Civil Rights Act of 1964 requiring that “No person in the United States shall on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Note that Title VI does not address gender discrimination. It only covers race, color, and national origin. Other Civil Rights laws prohibit gender discrimination. 06-17-19 TC Packet Page 126 of 242 126 What is LEP? As part of Title VI requirements, the Town of Snowmass Village has developed a Limited English Proficiency (LEP) Plan to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to the Town of Snowmass Village services as required by Executive Order 13166 “Improving Access to Services for Persons With Limited English Proficiency,'' reprinted at 65 FR 50121 (August 16, 2000). A Limited English Proficiency person is one who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. What is the ADA? The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity and access for persons with disabilities. Since passage of the ADA in 1990, transit agencies such as the Town of Snowmass Village have worked to make their public transit systems accessible for people with disabilities by ensuring all transit buses and facilities are ADA accessible to allow for mobility aids such as wheelchairs. The Town of Snowmass Village also follows a strict set of federal transit service requirements to ensure proper accessibility is available to persons with disabilities. The Town of Snowmass Village’s Complaint and Investigation Procedures These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, for alleged discrimination in any program or activity administered by the Town of Snowmass Village. These procedures do not deny the right of the complainant to file formal complaints with other State or Federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Town of Snowmass Village may be utilized for resolution. Any individual, group of individuals or entity that believes they have been subjected to discrimination prohibited under Title VI or ADA and related statutes may file a complaint. The following measures will be taken to resolve Title VI and ADA complaints: The preferred method is to file your complaint in writing using the TOSV Title VI and ADA Complaint Form, and sending it to: Title VI/ADA Coordinator Town of Snowmass Village – Village Shuttle P.O. Box 5010 Snowmass Village, CO 81615 Phone: 970-923-2543 06-17-19 TC Packet Page 127 of 242 127 1) A formal complaint must be filed within 180 calendar days of the alleged occurrence. Complaints shall be in writing and signed by the individual or his/her representative, and will include the complainant’s name, address and telephone number; name of alleged discriminating official, basis of complaint (race, color, national origin, or disability) and the date of alleged act(s). A statement detailing the facts and circumstances of the alleged discrimination must accompany all complaints. 2) In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to the Town of Snowmass Village Title VI / ADA Coordinator by calling the phone number listed above. Under these circumstances, the complainant will be interviewed, and the Town of Snowmass Village Title VI / ADA Coordinator will assist the Complainant in converting the verbal allegations to writing. 3) When a complaint is received, the Title VI / ADA Coordinator will provide written acknowledgment to the Complainant, within ten (10) calendar days by registered mail. 4) If a complaint is deemed incomplete, additional information will be requested, and the Complainant will be provided 60 calendar days to submit the required information. Failure to do so may be considered good cause for a determination of no investigative merit. 5) Within 15 calendar days from receipt of a complete complaint, the Town of Snowmass Village will determine its jurisdiction in pursuing the matter and whether the complaint has sufficient merit to warrant investigation. Within five (5) calendar days of this decision, the Town of Snowmass Village – Village Shuttle Transportation Director or his/her authorized designee will notify the Complainant and Respondent, by registered mail, informing them of the disposition. a. If the decision is not to investigate the complaint, the notification shall specifically state the reason for the decision. b. If the complaint is to be investigated, the notification shall state the grounds of the Town of Snowmass Village’s jurisdiction, while informing the parties that their full cooperation will be required in gathering additional information and assisting the investigator. 6) When the Town of Snowmass Village does not have sufficient jurisdiction, the Town of Snowmass Village – Village Shuttle Transportation Director or his/her authorized designee will refer the complaint to the appropriate State or Federal agency holding such jurisdiction. 06-17-19 TC Packet Page 128 of 242 128 7) If the complaint has investigative merit, the Town of Snowmass Village – Village Shuttle Transportation Director or his/her authorized designee will instruct the Title VI / ADA Coordinator to fully investigate the complaint. A complete investigation will be conducted, and an investigative report will be submitted to the Transportation Director within 60 calendar days from receipt of the complaint. The report will include a narrative description of the incident, summaries of all persons interviewed, and a finding with recommendations and conciliatory measures where appropriate. If the investigation is delayed for any reason, the Title VI / ADA Coordinator will notify the appropriate authorities, and an extension will be requested. 8) The Town of Snowmass Village – Village Shuttle Transportation Director or his/her authorized designee will issue letters of finding summarizing the results of the investigation, stating the findings, and advising of any corrective action to be taken as a result of the investigation to the Complainant within 90 calendar days from receipt of the complaint. 9) If the Complainant disagrees with the Town of Snowmass Village’s determination, he/she may request reconsideration by submitting a request in writing to the Town of Snowmass Village’s Town Manager within seven (7) days after the date of the Town of Snowmass Village – Village Shuttle letter, stating with specificity the basis for the reconsideration. The Town of Snowmass Village Town Manager will notify the Complainant of the decision either to accept or reject the request for reconsideration within ten (10) days. In cases where reconsideration is granted, the Town of Snowmass Village Town Manager will issue a determination letter to the Complainant upon completion of the reconsideration review. 10) If the Complainant remains dissatisfied with the Town of Snowmass Village’s resolution of the complaint, he/she has the right to file a complaint with the: Colorado Department of Transportation Civil Rights & Business Resource Center 2829 West Howard Place, 1st Floor Denver, CO 80204 303-757-9072 eboni.riehl@state.co.us or Federal Transit Administration Region 8 Attn: Civil Rights Officer Byron Rogers Federal Building 1961 Stout Street 06-17-19 TC Packet Page 129 of 242 129 Suite 13-301 Denver, CO 80294 Phone: 303-362-2400 Fax: 303-292-5904 06-17-19 TC Packet Page 130 of 242 130 APPENDIX D (Continued) TITLE VI PUBLIC NOTICE OF RIGHTS / COMPLAINT PROCESS TOWN OF SNOWMASS VILLAGE Title VI/ADA Complaint Form Instructions: If you have a complaint about the accessibility of our transit system or believe you have been discriminated against on the basis of race, color, national origin or disability, please fill out the form below and send it to: Town of Snowmass Village – Village Shuttle, Attn: Title VI / ADA Coordinator, P.O. Box 5010, Snowmass Village, CO 81615. For questions or a full copy of the Town of Snowmass Village’s Title VI and ADA policy and complaint procedures call 970-923-2543 or email: dpeckler@tosv.com. 1. Name (Complainant): 2. Phone: 3. Home address (street no., city, state, zip): 4. If applicable, name of person(s) who allegedly discriminated against you: 5. Location and position of person(s) if known: 6. Date of incident: 7. Discrimination because of: Race (Title VI) National origin (Title VI) Color (Title VI) Disability (ADA) Accessibility Issue (ADA) 06-17-19 TC Packet Page 131 of 242 131 8. Explain as briefly and clearly as possible what happened and how you believe you were discriminated against. Indicate who was involved. Be sure to include how you feel other persons were treated differently than you. Also, attach any written material pertaining to your case. 9. Why do you believe these events occurred? 10. What other information do you think is relevant to the investigation? 11. How can this/these issue(s) be resolved to your satisfaction? 12. Please list below any person(s) we may contact for additional information to support or clarify your complaint (witnesses): Name: Address: Phone number: 06-17-19 TC Packet Page 132 of 242 132 13. Have you filed this complaint with any other federal, state, or local agency; or with any federal or state court? Yes No If yes, check all that apply: Federal agency Local agency Federal court State agency State court County court If filed at an agency and/or court, please provide information about a contact person at the agency/court where the complaint was filed. Agency/Court: Contact’s Name: Address: Phone number: Signature (Complainant): Date of filing: 06-17-19 TC Packet Page 133 of 242 133 APPENDIX D (Continued) TITLE VI PUBLIC NOTICE OF RIGHTS / COMPLAINT PROCESS TOWN OF SNOWMASS VILLAGE Title VI and ADA Complaint Log Example Title VI Complaints, Investigations, and Lawsuits This form will be submitted annually. If no complaints, investigations, or lawsuits, or were filed, a blank form will be submitted. *Please note, as of the March 2019 Submission, no Title VI or ADA complaints, investigations or lawsuits have been filed against the TOSV. Description/Name Date (Month, Day, Year) Summary (include basis of complaint: race, color, national origin or disability) Status Action(s) Taken (Final findings?) Complaints 1) 2) Investigations 1) 2) Lawsuits 1) 2) 06-17-19 TC Packet Page 134 of 242 134 APPENDIX E LIMITED ENGLISH PROFICIENCY PLAN Town of Snowmass Village March 2019 I. INTRODUCTION This Limited English Proficiency (LEP) Plan for the Town of Snowmass Village (Village Shuttle) has been developed in response to federal requirements included under Section 601 of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which provides that no person shall “on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” II. EXECUTIVE ORDER 13166 Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving Access to Services for Persons with Limited English Proficiency," was created to "... improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney General, Loretta King directed a strengthening of enforcement of Title VI in a memorandum dated July 10, 2009. As a subrecipient of funds from the Federal Transit Administration (FTA), through the Colorado Department of Transportation (CDOT), this Limited English Proficiency (LEP) Plan for the Town of Snowmass Village – Village Shuttle has been developed to ensure compliance with Federal LEP regulations. It includes an assessment of the limited English proficiency needs of our area, an explanation of the steps we are currently taking to address these needs, and the steps we plan to take in the future to ensure meaningful access to our transit programs by persons with limited English proficiency. III. POLICY AND PLAN SUMMARY It is the policy of the Town of Snowmass Village to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination (last amended January 18, 2011 by Resolution No. 7, Series of 2011.). The Town of Snowmass Village will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide 06-17-19 TC Packet Page 135 of 242 135 appropriate alternative non-English formats for persons with LEP to access information and services provided. In developing the plan while determining the Snowmass Village’s extent of obligation to provide LEP services, Snowmass Village undertook a U.S. Department of Transportation four factor LEP analysis which considers the following: 1) The number or proportion of LEP persons eligible in the TOSV service area who may be served or likely to encounter a Snowmass Village program, activity, or service; 2) the frequency with which LEP individuals come in contact with an Snowmass Village services; 3) the nature and importance of the program, activity or service provided by the Snowmass Village to the LEP population; and 4) the resources available to the Snowmass Village and overall costs to provide LEP assistance. A brief description of these considerations is provided in the following section. IV. LIMITED ENGLISH PROFIENCY NEEDS OF AREA The Four-Factor Analysis developed by the FTA requires that information be included in LEP Plans regarding the number and percentage of LEP persons in our area, and the nature, frequency and importance of the contact we have with LEP persons in providing transit services. Each of these elements is addressed below. Factor 1: Number and Percentage of LEP Persons in Our Area Permanent Population The U.S. Census provides information to assist in estimating the number of limited English speakers in the permanent population. For small urban areas and rural towns and counties, the best data available is from the U.S. Census American Community Survey 2013-2017. Table 1 presents information for the Town of Snowmass Village on Language Spoken at Home by Ability to Speak English, based on that Survey. 06-17-19 TC Packet Page 136 of 242 136 TABLE 1: 2017 LANGUAGE SPOKEN AT HOME: SNOWMASS VILLAGE, COLORADO Subject Snowmass Village, Colorado Total Percent of specified language speakers Speak English "very well" Speak English less than "very well" Estimate Margin of Error Estimate Margin of Error Estimate Margin of Error Population 5 years and over 2,827 +/-11 98.4% +/-2.7 1.6% +/-2.7 Speak only English 94.4% +/-6.3 (X) (X) (X) (X) Speak a language other than English 5.6% +/-6.3 72.3% +/-49.5 27.7% +/-49.5 Spanish 0.2% +/-0.5 100.0% +/-100.0 0.0% +/-100.0 Other Indo-European languages 1.6% +/-2.7 0.0% +/-44.7 100.0% +/-44.7 Asian and Pacific Island languages 3.9% +/-5.5 100.0% +/-25.3 0.0% +/-25.3 Other languages 0.0% +/-1.1 - ** - ** Source: U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimate • An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. • An '(X)' means that the estimate is not applicable or not available. As the table shows, there were only a few persons in the permanent population of Snowmass Village who had difficulty speaking English, less than 2.0% overall of persons age 5 and over. In Snowmass Village, those individuals either were speakers of Indo-European languages. The U.S. Census data indicates a low need to respond to individuals in our service area who have difficulty with English. Those who do have difficulty are primarily Indo-European language speakers. Visitors As a world-class resort, we do have guests that come from many countries. The three most prominent non-English speaking countries that our guests come from are Brazil, Argentina, and Mexico. As a result, our website is compatible with Google Translator and can be modified to accommodate most languages. Our route information can also be translated easily and provided for the use of Spanish speaking populations. 06-17-19 TC Packet Page 137 of 242 137 In our March 2014 passenger survey (a 2019 passenger survey will be conducted later this year), we found that 7% of our passengers are Hispanic and of that 7%, almost all respondents preferred Spanish over English. If 2 to 4% (as defined in Table 1 and as defined by Pitkin County demographics of those who do not speak English well) of these passengers have LEP, then we have approximated that 2.1% of our passengers will need assistance. In a survey of our driving staff we found that 75% said they assist a customer with LEP once a week or less. As a result, the transportation service route maps are now predominately data driven, not language based. Summary Based on the data available roughly 2.1% of our passengers have LEP. Data on our residents, workforce and visitors suggests that the most prominent language group would be Spanish. This is keeping in mind that the Spanish spoken by our riders can vary slightly in dialect and interpretation given the country they descend from. Lower income residents are normally concentrated in employee housing units in the Town’s inventory or in units on site at the hotels owned by the private sector. Employees coming into town from the regional transit service would be arriving at the main bus station. Tourists are likely to be staying in lodging throughout the community. As a result, The Village Shuttle continues to provide transit route information in a simple, visually dependent format and in a way that can be easily translated by our online Google Translator service. Factor 2 & 3: Nature, Frequency and Importance of LEP Contact The Village Shuttle provides varying levels of service depending on the season. During the Winter season, Fixed Route service is predominately provided that covers all multi-family complexes (both employee housing and private sector) as well as commercial nodes, recreation facilities, a park-&-ride, and public lands. In the Spring and Fall seasons, Fixed Route service is provided along the Owl Creek Rd and Brush Creek Rd corridors (regional connections from the Town to Highway 82) and Demand Response service to the rest of the properties within our winter route structure. In the Summer season, expanded Fixed Route local service is provided along the Owl Creek Rd and Brush Creek Rd corridors and Demand Responsive service is provided to the other properties within the Winter route structure. Most of our contact with LEP people is through our driving staff. Very few questions are received at our administrative office or through phone calls. The drivers work to provide information in an understandable manner to all our customers. Surveys of driving staff yield: 63% felt they had less than nine (9) LEP passengers board their bus on a daily basis; 75% felt they had LEP passengers on two times or less a day; and 75% felt they assisted LEP passengers once a week or less. Regardless of whether our LEP passengers are residents, employees, or tourists, our job to assist people get to jobs, shopping, or recreation. We rate our current or potential contacts with LEP passengers as very important. As such, it is the Town’s intent to continue to work on Village Shuttle materials to ensure accessibility in a clear and convenient format. 06-17-19 TC Packet Page 138 of 242 138 Factor 4: Resources Available for LEP Outreach Our website and route information has been transformed so that text on Village Shuttle route information is compatible with Google Translator. We have taken all text out of PDF route maps to ensure that route information is easily accessible, regardless of a rider’s English comprehension level. In addition, a number of our drivers are bilingual in Spanish and one in Portuguese. They have been very successful in providing direction through translation or non-verbal communication. V. LANGUAGE ASSISTANCE PLAN Given the current need to respond to individuals with LEP our LEP Plan includes the following objectives. Identifying LEP Persons Who Need Language Assistance In order to identify LEP needs we will undertake the following: • Review Census updates as they become available; • Periodically review perceived LEP needs with drivers; • Make periodic contacts with Aspen and RE-1 school districts to seek guidance on the most prominent groups with LEP. Language Assistance Measures As the need arises, we use the following to respond to LEP needs: • Update inventory of Census Bureau’s “I Speak Cards”; • Maintain Spanish versions of marketing materials, customer complaint forms, public notices, and related information, as appropriate; • Keep/Hire Spanish-speaking customer service staff and/or drivers on payroll; • Make available basic Spanish language training to staff; • Use web-based Babel Fish: https://www.babelfish.com/ for phrase translation into or from multiple languages; • Use other community resources such as agencies serving LEP persons that may have resources to share. Staff Training As the need arises, we provide the following staff training topics: 06-17-19 TC Packet Page 139 of 242 139 • Federal LEP requirements, LEP Plan and Title VI; • Staff and driver awareness training; • Documenting language assistance requests; • Subsidize language training through Colorado Mountain College. Outreach Efforts As the need arises, we conduct the following outreach: • Coordinate with school districts to survey language groups in need of assistance. • Identify agencies that may serve LEP populations; • Provide opportunities for LEP participation at public meetings, through advertising and have translators available, as appropriate. Monitoring and Updating Plan We will monitor and update this plan every 2-3 years or as needed. This will include: • Reviewing our LEP Plan with staff/drivers and service groups and make adjustments, as needed; • Pay particular attention to demographic changes in our area and to LEP-related complaints we receive. Disseminating Our LEP Plan • Have copies of our plan available to give to agencies serving LEP populations in our area and/or for individual requests; • Post our plan on our website. 06-17-19 TC Packet Page 140 of 242 140 APPENDIX F Policies and Procedures for the Use of Town of Snowmass Village Public Transportation The following document is on public display on the Village Shuttle website. General Use Policies General Policy. Public transportation vehicles and facilities are provided by the Town of Snowmass Village for the benefit of the Snowmass Village community, visitors, and the general public. All permissible use of public transportation vehicles and facilities shall be strictly limited to conduct consistency with the reasonable use and enjoyment of such services and for their safe and reliable operation. Use of Town of Snowmass Village Transit Services. • There are no fares for the use of the Town of Snowmass Village transit services. • Use of the Town of Snowmass Village transit service is available on a first-come, first-serve basis until capacity is reached. The buses cannot wait for incomplete boarding parties. • Use of the Town of Snowmass Village Transit System constitutes an acceptance of the terms of use. Standing Passengers. Passengers are not permitted to stand forward of the Standee Line per federal regulations. Passengers stand at their own risk. Children. • Children must be removed from strollers while on the Town of Snowmass Village transit service. • Diapers may not be changed aboard a Town of Snowmass Village transit vehicle for the health and safety of other passengers. Strollers; Wagons. • Only collapsible strollers, wagons and similar child transport devices are permitted on the Town of Snowmass Village transit service. Non-collapsible strollers, wagons, and similar child transport devices are not permitted on the Town of Snowmass Village transit service. • All strollers, wagons, and similar child transport devices shall be carried on the Town of Snowmass Village transit vehicle in their collapsed condition. 06-17-19 TC Packet Page 141 of 242 141 Bicycles, Skis, and Snowboards. • On a seasonal basis, Town of Snowmass Village vehicles are equipped to carry bicycles, skis, and snowboards on a first-come, first-served basis until capacity is reached. • Any rider traveling with a bicycle, skis, or snowboard must be able to load without assistance. • Bicycles may not be brought on-board transit vehicles. If space is available, skis and snowboards may be brought on-board. Use of the provided bicycle rack is at the user’s own risk. Carry-On Items. • The Town of Snowmass Village does not have space specifically designed for storage. • Riders may bring packages and groceries on-board vehicles if space is available and if they maintain control of these items within their immediate seating area. • Any rider traveling with carry-on items must be able to board without assistance. • Carry-on items must not interfere with passenger safety or obstruct the aisles. • Portable electronic devices such as cell phones must not be used at a volume that would disrupt the safe operation of the transit vehicle or annoy other passengers. Hazardous Materials. Hazardous materials such as explosives; flammable liquids; firearms, or weapons (except as authorized by law enforcement personnel); gasoline; propane bottles; other hazardous materials or their containers (example would be paintball guns – need to be secured in a case); and sharp objects or instruments that may be a hazard to others are prohibited on Town of Snowmass Village transit vehicles. Mention of any such materials is considered to be threatening behavior and will not be tolerated. Any violation of this prohibition will result in immediate notification of the appropriate law enforcement officials. Animals. All animals are allowed on the Town of Snowmass Village transit service, subject to the following requirements: • Animals must be under the owner’s control. • Animals can be stored in an approved carrier and absolutely must stay on the floor. Animals are not allowed on passenger seats. 06-17-19 TC Packet Page 142 of 242 142 • Animals are not to dirty the vehicle or negatively impact any passenger’s riding experience. • Any rider traveling with an animal may be expelled if the animal’s behavior compromises the safe operation of the Town of Snowmass Village transit service or otherwise poses a threat to the health, safety, and welfare of the public. Smoking. Smoking is strictly prohibited while in a Town of Snowmass Village transit vehicle. Loitering. Remaining on board a Town of Snowmass Village transit vehicle without a destination, sleeping on-board a Town of Snowmass Village transit vehicle, or loitering at a Public Transit Station or designated Bus Stop is not permitted. Disruptive Behavior. Loud, obnoxious behavior or the use of foul language is not permitted aboard a Town of Snowmass Village transit vehicle, at a designated public bus stop, or at a public transit station. Disruptive passengers may be denied Town of Snowmass Village transit service at the discretion of the Transit Operator. Flash Photography, Laser Pointers. Taking flash photographs or the use of a laser pointer while on board a transit vehicle can be dangerous and is not permitted. Alcohol; Illegal Drugs. • The consumption of alcohol is prohibited while using Town of Snowmass Village transit services per the Colorado open container law, which prohibits the consumption or possession of open containers of alcohol while in a motor vehicle. • The possession of an open alcoholic beverage container is prohibited while using the Town of Snowmass Village services, in line with Colorado open container laws. • The driver has discretion of whether or not to permit individuals to ride the Town of Snowmass Village transit service while he or she is intoxicated and not in control of their own person. Driver discretion is based on whether the individual is a threat to self and/or others. • The possession, sale, or use of any illegal drug is prohibited while using the Town of Snowmass Village transit service. Fixed Route System. The Town of Snowmass Village Transit System is a fixed route public transportation system. When standing at a bus stop, a rider may flag down the bus he/she wants to ride. If many buses are approaching at once, a rider may flash a number with his/her hand so the driver can determine the bus needed. The Town of Snowmass Village Transit System complies with all state and federal regulations for public transportation and is under 06-17-19 TC Packet Page 143 of 242 143 the jurisdiction of the Federal Transit Administration and Federal Motor Carrier Safety Regulations. Emergencies. In the event of an unforeseen emergency, the Transit Bus Operator shall provide passengers with specific directions for evacuation and/or other necessary actions. For your safety and that of our other passengers, you must comply with the directions provided. Transit Bus Operators are licensed Commercial Drivers and are provided extensive training to meet federal regulations for safety. Compliance with Use Policies. The Town of Snowmass Village reserves the right to deny boarding of Town of Snowmass Village transit services to any person not complying with the Use Policy and Procedures for the transit system. Refusal to comply with the directions of a Transit Bus Operator or Transit Supervisor and/or the hindering of the movement of public transportation is punishable by Federal Law with up to 16 years in prison and up to $750,000 in fines. Other state and local laws may also apply. Persons not following the basic requirements for Use of the Town of Snowmass Village transit services will not be allowed to board or will be told they must disembark. The Town of Snowmass Village will notify law enforcement officials of any misconduct involving the Town of Snowmass Village transit services at its discretion. Non-Discrimination. The Town of Snowmass Village complies with Title VI of the Civil Rights Act of 1964. The level and quality of transportation service will be provided without regard to race, color, or national origin in accordance with Title VI. All Town of Snowmass Village transit services are provided with equal access to all. Accessibility. All Town of Snowmass Village transit vehicles shall meet the standards of accessibility for persons with disabilities established by the Federal Transit Administration pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. (Public Law 101- 336). 06-17-19 TC Packet Page 144 of 242 144 System-Wide Service Standards and Policies Service Standards: Bus Only Vehicle load for each mode. Vehicle Type Average Passenger Capacities Maximum Load Seated Standing Total Factor Cutaway/minibus 16 8 24 1.33 29’ bus (Gillig) 28 12 40 1.30 Vehicle headways for each mode. The Town of Snowmass Village provides bus service in Snowmass Village and regionally in the off- seasons of spring and fall to Highway 82 (connections with Roaring Fork Transportation Authority) in Colorado. There are seasonal fluctuations with winter (November-April) being the busiest time and spring (April-May) and fall (September-November) the slowest time. Summer service (June-September) has moderate service levels. Winter service. Winter Service (mid-November to April) has seven fixed routes operating Monday through Sunday from 6:30 am to 1:00 am. Route 1 serves multi-family properties along Upper and Lower Woodbridge Roads with headways every 15 minutes from 6:30 AM to 6:00 PM and every 30 minutes from 6:00 PM to 11:30 PM. Route 2 serves properties along Wood Road with headways every 20 minutes from 6:35 AM to 10:35 PM. Portions of the route are served upon request. Route 3 serves properties along Owl Creek Road and Snowmass Club Circle with headways every 15 minutes from 6:35 AM to 5:20 PM and every 30-minutes from 5:20 PM to 11:50 AM. Portions of the route are served upon request. Route 4 serves a park and ride facility at the entrance to the community (Town Park Rodeo Lot) with headways every 10 minutes from 6:30 AM to 5:30 PM and every 20 minutes from 5:30 PM to 6:30 PM. Routes 5 & 6 (same vehicle) serves multi-family properties on Faraway Rd, Upper Brush Creek Road, and to the Upper Carriage Way with headways every 20-minutes from 6:55 AM to 9:00 PM. Portions of Route 6 are served upon request. 06-17-19 TC Packet Page 145 of 242 145 Route 8 provides service to the Recreation Center, Melton and Horse Ranch subdivisions on 30 - minute headways from 7:05 AM to 11:35 PM. Portions of the route are served upon request. Service for Route 8 to Town Park Rodeo Lot is available after 6:30 PM. All routes are served from their ending times until 12:45 AM using Demand Response service. Spring/Fall service. Spring (April through May) and Fall (September to mid-November) service has two fixed routes, Monday through Sunday. One bus route (Route 3) is a local service route and the other route (Route 82), provided under contract with the Roaring Fork Transportation Authority-RFTA, provides service to the regional station at Highway 82. The Snowmass Village Club Route #3 provides service along Brush Creek Road and Owl Creek Road with 30-minute headways, operating seven days a week from 6:30 am to 2:45 am. This service covers employee housing at: Club Commons, Club Townhomes, Fairway Three, the School District, Sinclair Meadows, the Firehouse, Creekside, and Mountain View. It leaves the Mall at 20 minutes and 50 minutes past the hour from 6:50 am to 5:20 pm and leaves the Club Center at 5 minutes and 35 minutes past the hour from 7:05 am to 5:35 pm. On-demand service is provided after 5:35 pm by calling 15 minutes in advance, which leaves the Club Center at the top of the hour and 30 minutes past the hour. Portions of the route are served upon request based on demand. The RFTA route (#82) provides service from the Snowmass Village Mall to the Hwy 82 Park and Ride with 15-minute headways Monday through Friday in peak commuter hours, 30 minute headways in off hours, and 60-minute headways in the late evening and on the weekends. The route leaves the Mall at 15 minutes past the hour from 6:15 am to 2:15 am and 45 minutes past the hour from 6:45 am to 7:45 pm Monday through Friday. 15 minute service during the commuter hours has Mall departures on the hour and half past from 6:00 AM to 9:30 AM and 2:30 PM to 6:30 PM. On Saturday the route leaves the Mall at 15 minutes past the hour from 6:15 am to 2:15 am and on Sunday 6:15 am to 12:15 am. Demand response service is provided to cover all other core service areas needs with the area serviced by the winter route structure. Demand response service is provided to all regular service areas 6:45 am to 2:00 am Monday – Saturday and 6:45 am to midnight on Sunday. Advance calls are requested. Summer service. Summer service (June – September) has two fixed routes, Monday through Sunday. The Snowmass Village Club Route #3 provides service along Brush Creek Road and Owl Creek Road with 30-minute headways. It leaves the Mall at 20 minutes and 50 minutes past the hour and leaves the Club Center at 5 minutes and 35 minutes past the hour from 6:50 am to 9:50 pm. On-demand service is provided after 10:20 pm to midnight. 06-17-19 TC Packet Page 146 of 242 146 The Town Park Route 8 provides service along Brush Creek Road to the community boundary covering the Recreation Center and Melton and Horse Ranch subdivisions on 30-minute headways. It leaves the Mall at 5 minutes and 35 minutes past the hour and leaves the Recreation Center at 20 minutes and 50 minutes past the hour from 7:05 AM to 9:05 PM. Demand response service is also provided to cover all other core service area needs. Demand response service is provided to all regular winter service areas 7:00 am to midnight Monday – Sunday. Advance calls are requested. 06-17-19 TC Packet Page 147 of 242 147 POLICY HEADWAYS AND PERIOD OF OPERATION Winter Day (minutes) Night (minutes) Route 1 15 30 Route 2 20 20 Route 3 15 30 Route 4 10 Demand Response Route 5/6 20 Demand Response Route 8 30 30 Day Hours of Operation: 6:30 am – 5:00 pm Night Hours of Operation: 5:00 pm – 1:00 am Spring/Fall Day (minutes) Night (minutes) Route 3 30 Demand Response Route 82 15 (peak) / 30 (off-peak) 60 after 8:15 pm Day Hours of Operation: 6:15 am – 5:50 pm Night Hours of Operation: 5:50 pm – 2:00 am Summer Base (minutes) Night (minutes) Route 3 30 Demand Response Route 8 30 Demand Response Day Hours of Operation: 6:50 am – 9:50 pm Night Hours of Operation: 10:00 pm – 12:00 am On-time performance for each mode. Winter service. The Town of Snowmass Village provides service in an area of Colorado that receives an average of 300” of snow annually and at certain times road and weather conditions, along with heavy skier traffic, may prevent us from completing scheduled runs on time. Regardless, the goal is 100% on-time performance and multiple buses may be put on a route to meet rider needs and maintain on-time performance. Summer/Spring/Fall service. The Town of Snowmass Village aims to complete 100% of its scheduled runs on time. Bus malfunctions and unscheduled deviations may prevent a 100% on time performance. Service availability for each mode. Snowmass Village’s goal is to have service within a ½ mile of 90% of the population (predominately multi-family properties) in Snowmass Village. 06-17-19 TC Packet Page 148 of 242 148 Service Policies: Bus Only Transit amenities for each mode. The Town Snowmass Village is responsible for providing amenities to the general public. Common amenities provided at stations and bus stops include benches and trash cans. General and QR coded signs provide route information at all stops. ADA accessible amenities are provided at the Mall, Daly Lane and Base Village transit stations. ADA Accessible bus stops (to include deployment area and curb cuts if applicable) are located at the Snowmass Center, Faraway Road, Sinclair Road, Owl Creek Road at Gamble Way, Snowmass Club, Town Recreation Center and Club Circle Drive. Vehicle assignment for each mode. The Town of Snowmass Village transit service fleet consists primarily of heavy-duty transit buses and a lesser number of body on chassis cutaway style buses. The current public transit fleet consists of 24 full time and 5 spare vehicles. 19 buses are 29 feet long and 10 buses are 24 feet long. Winter Service. Route 4 carries 42% of the Village Shuttle ridership and 29’ heavy-duty transit buses are used to cover the route. Route 3 carries 20% of the ridership and uses 29’ heavy-duty transit buses to cover the route. Route 1 carries 15% of the ridership and uses 29’ heavy-duty transit buses to cover the route. Route 8 carries 7% of the ridership and uses both the 29’ foot heavy-duty transit buses and body on chassis cutaway buses depending on demand. Routes 2 and 5/6, service carries roughly 15% of the ridership and uses body on chassis cutaway buses. Demand Response service is provided with cutaway buses and carries all remaining ridership. Spring/Summer/Fall service. The RFTA service provided in the spring and fall covers approximately 42% of total ridership and uses 29’ heavy-duty transit buses to provide the service. The additional 16% of the service is predominately demand response using body on chassis cutaway vehicles. Route 3 and Route 8 for Summer service carry approximately 33% of total ridership. Route 3 service uses the 29’ heavy-duty transit buses predominately. Route 8 service uses the 29’ heavy- duty transit buses and body on chassis vehicles depending on the demand for service. 06-17-19 TC Packet Page 149 of 242 149 Demand responsive service is provided using the 29’ heavy-duty transit bus if there is only one driver; or when there is a dedicated floater, the body on chassis cutaway buses. In all other cases, body on chassis cutaways are used. 06-17-19 TC Packet Page 150 of 242 150 APPENDIX G Title VI Equity Analysis A FTA subrecipient planning to acquire land to construct certain types of facilities must not discriminate on the basis of race, color, or national origin, against persons who may, as a result of the construction, be displaced from their homes or businesses. “Facilities” in this context does not include transit stations or bus shelters, but instead refers to storage facilities, maintenance facilities, and operation centers. There are many steps involved in the planning process prior to the actual construction of a facility. It is during these planning phases that attention needs to be paid to equity and non- discrimination through equity analysis. A Title VI Equity Analysis must be done before the selection of the preferred site. Note: Even if facility construction is financed with non-FTA funds, if the subrecipient organization receives any FTA dollars, it must comply with this requirement. The Town of Snowmass Village has no current or anticipated plans to develop new transit facilities covered by these requirements. When a new transit facility is planned, the Town will complete and document a Title VI Equity Analysis and include that information in this Appendix. 06-17-19 TC Packet Page 151 of 242 151 APPENDIX H Public Participation Plan Snowmass Village is engaging the public in its planning and decision-making processes, as well as its marketing and outreach activities. The public will be invited to participate in the process whether through public meetings or surveys. As an agency receiving federal financial assistance, Snowmass Village has the following community outreach efforts: • Town Council meetings are held on the first and third Monday of each month at 4:00 pm. All meetings are held in the Council Chambers at Snowmass Village Town Hall, 130 Kearns Road, Snowmass Village, CO unless otherwise posted. The public is welcome to attend meetings and address the Mayor and Town Council. The public can also email each Council member and if the Town Clerk is cc’d, then the email is considered public record. • The Town, of which transportation services are a part of, conducts a community survey every two years and last conducted the survey in 2017. To reach an adequate number of participants, the Town includes a pre-notification and story about the survey in their monthly newsletter that is sent to all subscribers. Following the pre-notification, the Town of Snowmass Village emails a link to the survey. The Town also makes the survey available on their website, www.TOSV.com, and creates Facebook advertisements. In addition to email and online outreach efforts, the Town of Snowmass Village sends a postcard mailer with a link to the survey to every resident and business in Snowmass Village with a PO Box. The survey is also advertised using more traditional mediums, such as the newspapers, on www.SnowmassSun.com, local radio stations, and CGTV. In the upcoming year, Snowmass Village will make the following community outreach efforts: • Town Council meetings are held on the first and third Monday of each month at 4:00 pm. All meetings are held in the Council Chambers at Snowmass Village Town Hall, 130 Kearns Road, Snowmass Village, CO unless otherwise posted. The public is welcome to attend meetings and address the Mayor and Town Council. The public can also email each Council member and if the Town Clerk is cc’d, then the email is considered public record. • The Town, of which transportation services are a part of, will conduct another community survey in the summer of 2019. Survey questions will include asking respondents about their experiences with the Village Shuttle transportation service and if they have any comments on how to improve the service. To reach an adequate number of participants, the Town includes a pre-notification and story about the survey in their monthly newsletter that is sent to all subscribers. Following the pre- notification, the Town of Snowmass Village emails a link to the survey. The Town also makes the survey available on their website, www.TOSV.com, and creates Facebook advertisements. In addition to email and online outreach efforts, the Town of Snowmass 06-17-19 TC Packet Page 152 of 242 152 Village sends a postcard mailer with a link to the survey to every resident and business in Snowmass Village with a PO Box. The survey is also advertised using more traditional mediums, such as the newspapers, on www.SnowmassSun.com, local radio stations, and CGTV. Public Meetings: (1) Public meetings are scheduled to increase the opportunity for attendance by stakeholders and the general public. This may require scheduling meetings during non-traditional business hours, holding more than one meeting at different times of the day or on different days, and checking other community activities to avoid conflicts. (2) When a public meeting or public hearing is focused on a planning study or program related to a specific geographic area or jurisdiction within the region, the meeting or hearing is held within that geographic area or jurisdiction. (3) Public meetings are held in locations accessible to people with disabilities and are located near a transit route when possible. 06-17-19 TC Packet Page 153 of 242 153 APPENDIX I Town Council Minutes and Resolution Approving Title VI Program See pages 49 and 50. 06-17-19 TC Packet Page 154 of 242 154 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 31 SERIES OF 2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AMENDING THE TOWN’S TITLE VI PLAN WHICH INCLUDES A LIMITED ENGLISH PROFICIENCY (LEP) PLAN IN COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, 78 STAT. 252, 42 U.S.C. 200D TO 2000D-4, AND THE GUIDELINES OF 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. WHEREAS, the Town of Snowmass Village (TOSV) has the power to adopt the Title VI Plan in compliance with Federal Transit Administration guidelines, the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4, the Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, and Executive Order 13166 “Improving Access to Services for Persons With Limited English Proficiency,” reprinted at 65 FR 50121 (August 16, 2000); and, WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and, WHEREAS, the TOSV has entered into a grant or cooperative agreement for Federal financial assistance; and, WHEREAS, the TOSV has previously approved all the annual Certifications and Assurances of the Federal Transit Administration’s contract which are required for the project by Resolution NO. 28, Series of 2019; and, WHEREAS. The TOSV has previously adopted a Title VI Plan for the Town by Resolution NO. 30, series of 2015; and, WHEREAS, the TOSV finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, 06-17-19 TC Packet Page 155 of 242 155 To amend the Title VI Plan to ensure nondiscrimination in the provision of services on the grounds of race, color or national origin, and to fulfill the responsibility to make information and services available to limited English proficient persons in compliance with the guidelines of the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. CERTIFICATION READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 17th of June 2019 upon a motion made by Council Member _______, the second of Council Member _______, and upon a vote of __in favor and __ opposed. TOWN OF SNOWMASS VILLAGE ____________________ Markey Butler, Mayor APPROVED AS TO FORM _________________________ John Dresser, Town Attorney ATTEST: ________________________________ Rhonda Coxon, Town Clerk 06-17-19 TC Packet Page 156 of 242 156 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: June 17, 2019 AGENDA ITEM: Update on Hawk Ridge Trail Management PRESENTED BY: Andy Worline, Parks, Recreation & Trails Director BACKGROUND: On October 4th, 2016 the Parks, Open Space, Trails & Recreation (POSTR) Plan was unanimously adopted by the Town of Snowmass Village Town Council. This policy document included vision, goals, objectives, and guides the decision makers and Town Leaders in the development of Snowmass Village’s POSTR resources. One such overall goal of the POSTR Plan was to: Coordinate the development of POSTR components to build a cohesive network of recreational opportunities within the Town boundaries and connect those opportunities to recreation and values beyond the Town boundaries. The goals and the recommendations outlined in the POSTR plan clearly describe the creation of a trails system that accommodates the needs of all user groups and individuals within the community: • Objective 1.2: Establish trails in a variety of settings that provide an experience, connect places of interest, or serve both purposes. • Objective 1.5: Look for opportunities to connect to regional trail systems (i.e., Sky Mountain Park, USFS, ASC, etc.) to support a continuous network that extends beyond the Town of Snowmass Village. • Objective 2.1: Consider safety on multi-use trails with a focus on design, education, and management, while providing separate facilities where necessary. In April of 2019, The POSTR Advisory Board recommended the construction of the Hawk Ridge Trail. The specific recommendation from the POSTR plan stated: Hawk Ridge Trail Project Description: This rugged trail would provide a connection between the Mountain View Trail and the Rim Trail behind employee housing and Hawk Ridge Lane. 06-17-19 TC Packet Page 157 of 242 157 Prior to that recommendation, the POSTR Advisory Board invited all members from the HOA of Mountain View to attend the November 2018 monthly meeting to discuss the alignment, timing and future rules regarding this trail connection. The POSTR Board also invited this group and the community back to hear the trail construction presentation on April 3, 2019, and April 24, 2019, to make sure we have answered all their questions and concerns. The feedback the board addressed at these meetings resolved around pedestrian safety, dog access, and wildlife concerns. This trail will remove the users from navigating through the mountain view parking lot and create access, both to the south rim trail and the Snowmass Center. A critical safe connection identified by the community in POSTR planning. We communicated to the homeowners that this parcel (Parcel #3) designated for Open Space and Pedestrian Trails. The ordinance approving the land use for the Mountain View Resident Housing Planned Unit Development (Ordinance No. 5, Series of 1990) includes the acknowledgment of some wildlife impact of the housing project. It stated because of the multiple family nature of the (housing) project and because the (housing) project will have an impact on an area used by wildlife, dogs should be prohibited (in the housing project). On May 6, 2019, the Town Council received the POSTR Boards recommendation and directed staff begin construction of the Hawk Ridge Trail. Trail construction is underway, but is not expected to be complete for some time, potentially 2 more months. The Council further directed staff to gather more information from the Community regarding the management of the trail, specifically allowing dogs on the trail. Staff developed a survey to help garner public opinion on the questions. The Town received 255 responses to the survey. The complete results are attached. The results of the specific question, “The new Hawk Ridge trail should be dog-friendly (on leash only)?”, are: 137 or 53.94% - Strongly Agree 23 or 9.06% - Agree 19 or 7.48% - Disagree 72 or 28.35% - Strongly Disagree 3 or 1.18% - No Label FINANCIAL IMPACT: None currently. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Safety, Connectivity, Parking and Transit - The Town needs to continue focusing its energy on making the community physically connected and as safe as possible. 06-17-19 TC Packet Page 158 of 242 158 COUNCIL OPTIONS: STAFF RECOMMENDATION: Staff recommends that the Town Council make a motion to refer this issue back to the POSTR Advisory Board so that they can evaluate the new information provided by the survey results. If this occurs, the POSTR Board can then decide if it would like to re-evaluate its recommendation to the Town Council in-light of this new information or if it would like to maintain its current recommendation. The POSTR Board recommendation can then be brought back to the Town Council for consideration. ATTACHMENTS: 1. Trail Questionnaire Results 06-17-19 TC Packet Page 159 of 242 159 59.45%151 29.13%74 8.66%22 2.36%6 0.39%1 Q1 How likely are you to use the new Hawk Ridge Trail? Answered: 254 Skipped: 2 TOTAL 254 Very likely Likely Neither likely nor unlikely Unlikely Very unlikely 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Very likely Likely Neither likely nor unlikely Unlikely Very unlikely 1 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 160 of 242 160 Q2 Please indicate the degree to which you agree with the following statements regarding the new Hawk Ridge Trail. Answered: 254 Skipped: 2 53.94% 137 9.06% 23 7.48% 19 28.35% 72 1.18% 3 254 58.96% 148 23.51% 59 7.17% 18 10.36% 26 0.00% 0 251 Strongly Agree Agree Disagree Strongly Disagree (no label) The new Hawk Ridge trail... The existing Rim and Mtn.... 0%10%20%30%40%50%60%70%80%90%100% STRONGLY AGREE AGREE DISAGREE STRONGLY DISAGREE (NO LABEL) TOTAL The new Hawk Ridge trail (yellow line on map) should be dog-friendly (on leash only) The existing Rim and Mtn. View trails (purple and red lines) should remain dog-friendly (on leash only) 2 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 161 of 242 161 16.86%43 79.61%203 48.24%123 49.41%126 1.96%5 63.53%162 12.55%32 30.98%79 Q3 Which of the following best describes you? (check all that apply) Answered: 255 Skipped: 1 Total Respondents: 255 Mountain View Resident Hiker Biker Dog Owner Equestrian Full time year-round (... Part Time Snowmass... Employee in Snowmass... 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Mountain View Resident Hiker Biker Dog Owner Equestrian Full time year-round (10+ months) Snowmass Village Resident Part Time Snowmass Village Resident Employee in Snowmass Village 3 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 162 of 242 162 Q4 Do you have any other comments or suggestions? Answered: 149 Skipped: 107 #RESPONSES DATE 1 Having dogs on this trail align with the other trail rules for the adjacent trails. While I am not allowed to have a dog at MTN View I do not have a problem with leashed dogs on the new trail. 6/12/2019 11:26 AM 2 N/A 6/12/2019 11:10 AM 3 No dogs on mtn view or rim 6/12/2019 9:52 AM 4 As this is a connector between two dog friendly trails that circumvents a NON dog friendly neighborhood, it should remain consistent. People may choose to live where animals, children, etc. are not permitted, but public access open space is just that, public. This will also keep people who are unaware of the neighborhood’s policies from breaking them while moving from trail to trail. Ona final note, dogs are awesome and cat people are just plain weird. WOOF! 6/12/2019 9:33 AM 5 Please retain our character as dog friendly; don’t alienate a large population; don’t overwhelm the other dog friendly trails and protect all members of our community equally. Don’t let one or a few decide for the many. Please. 6/12/2019 8:40 AM 6 As a dog walker, I tend to avoid the Rim Trail during peak biking times, but love having access to it. I am in favor of an off-leash trail option for the community, especially for the Ditch Trail. 6/12/2019 7:51 AM 7 Survey is a Good idea 6/12/2019 7:29 AM 8 Dogs are out of control. If even allowed, there should be leashed.6/11/2019 11:33 PM 9 Keep it dog friendly 6/11/2019 9:28 PM 10 If it was possible to say that only well-trained dogs would be allowed on the trails, that would be great. Because the truth is that I would rather encounter a well-trained dog off-leash than an obnoxious untrained dog on-leash. Unfortunately, most dog-owners do not take their responsibility seriously. They don't train their dogs and they don't pick-up after them, which is why dogs should not be allowed on some of our trails. -Give the rest of us and the wildlife a break. 6/11/2019 8:48 PM 11 If Mtn view is surrounded by trails that allow dogs does this also mean the residents for Mtn View will be allowed to have pets/dogs? 6/11/2019 7:09 PM 12 None 6/11/2019 6:34 PM 13 If the current leash law is enforced and dog owners will pick up and dispose of feces, and owners of dogs don’t disturb wild life that would create a great trail network and addition. 6/11/2019 5:44 PM 14 Town of snowmass employee housing should allow dogs.6/11/2019 4:03 PM 15 Allow dogs!6/11/2019 2:43 PM 16 This option does not exist on your survey, but I agree to keep Mountain View dog-friendly as well as the new Hawk Ridge trail. However I do not believe dogs should be on the rim trail. 6/11/2019 2:21 PM 17 Thanks for keeping this dog friendly! Our furry friends love to hike too 6/11/2019 1:12 PM 18 No Dogs Here! ! !6/11/2019 12:52 PM 19 I love dogs. I hate their irresponsible lazy selfish owners. No one walks their dogs on leash on any area trails. The dogs are always off-leash, and the owners never pick up their dog shit. It is DISGUSTING. The beginning of the ditch trail should be called the "doggy toilet" trail. Equally rude and repulsive are the people who leave their plastic bags of dog crap sitting on the side of the trails. Also, local deer live at Mountain View with us - they spend every evening relaxing on the lawn - with no fear of being barked-at or chased. Let the wildlife and locals live in peace - free from irresponsible dog-owners (who don't train their dogs or pick-up after them)! 6/11/2019 12:33 PM 20 Dogs don't need to be on every trial. This is one that should not have dogs.6/11/2019 12:25 PM 21 Thanks Markey for squealing on us. We are two of the 90% who don't care about leash laws or poop puck-up protocol or no pets allowed signs. You go girl. Let dogs in wherever you want. 6/11/2019 11:36 AM 4 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 163 of 242 163 22 I hike the Rim almost every other day and I've never come across a disrespectful dog or dog owner. I'm glad you are asking the question, but might it be better to survey people on-site who actually use the trail? Also, could you put more surveys out to SMV residents who want to raise issues for important things like events, road safety, shuttles, etc? 6/11/2019 11:16 AM 23 Dogs may not be the problem, some dog owners ARE the problem. It only takes one. Ban all dog owners and their dogs from the new trail. 6/10/2019 5:08 PM 24 The new trail will make a n ice circuit hike from my apartment. But, dogs would be a nuisance and a threat to the wildlife in the area. 6/10/2019 4:13 PM 25 What doesn't Town Council get? Dogs and Wildlife don't mix. Just last week there was a terrible example at North Star. 6/10/2019 4:09 PM 26 Study after study, group after group have recommended against dogs in the area around and on the Hawk Ridge Trail. NO DOGS!!! 6/10/2019 4:05 PM 27 Not a good idea to let dogs on this trail. Last week's incident between dogs and wildlife in the North Star Preserve should be a lesson. 6/10/2019 3:40 PM 28 Dogs don't belong on this trail.6/10/2019 3:36 PM 29 Neither bikes or wildlife do well on the same trail as dogs. No dogs on this trail.6/10/2019 3:32 PM 30 The fewer dogs om our trails. the better. Definitely ban them on this trail 6/10/2019 3:27 PM 31 There have been at least two verified sightings of an adolescent moose in the area of the Hawk Ridge Trail since last year. Look at what dogs did to moose in the North Star Preserve. Not good to have dogs in the same area as wildlife. 6/10/2019 3:16 PM 32 The trails should be continuously dog friendly and not have just a portion in the middle that doesn't allow dogs. This would be too confusing to users. 6/10/2019 10:18 AM 33 We need more hiker/dog friendly trails . No bikes. It is more dangerous to hike on a biker trail than worrying about the dogs 6/10/2019 9:48 AM 34 DOGS DO NOT BELONG ON THE HAWK RIDGE TRAIL!!!6/9/2019 3:41 PM 35 It's regretful what happened in the North Star Preserve last week. Town Council should do what is can to reduce the risk of dog/wildlife encounters on the Hawk Ridge Trail. Vote to keep dogs out of there. 6/9/2019 3:37 PM 36 We have two dogs and take them on some of the tamer trails here in Snowmass. The North Star incident last week is a stark reminder for us to be careful and sensitive about the trails we choose for our dog walks. We vote no to dogs on the new trail. 6/9/2019 3:22 PM 37 In 1991, the state said no dogs in Mountain View in Snowmass. When the Mountain View apartments and condos were built, the Town said no dogs. This year, the Town's Trails Committee said no dogs on the trail above the Mountain View Complex. Take a look at what just happened between dogs and moose in the North Star Preserve near Aspen. Now it is time for the Snowmass Town Council to ban dogs on the Hawk Ridge Trail. 6/9/2019 2:26 PM 38 It would be really great to have pedestrian and dog (off leash) only trails. It can be pretty scary hiking a trail with mountain bikers, they come up on you pretty fast and I think it makes it unsafe for all. 6/9/2019 11:35 AM 39 If dogs are permitted on any trails, the leash law should be enforced. Most of the dogs we meet are not on a physical leash. Some are quite far from their people, who assume everyone loves their dog as much as they do. I doubt the dogs would be able to resist a deer running. And while friendly, they are sometimes push against children and older people and threaten balance. 6/9/2019 9:33 AM 40 Give the wildlife and children a break. Dogs are allowed on the far majority of trails in Snowmass. The leash law is a joke - is it ever actually enforced? How many tickets are written on an annual basis? Same for the poop laws. You can't walk 20' on a trail without seeing a bag of poop. Within 24 hours of the town clean-up day there were freshly filled poop bags along many of the trails - trails that were cleaned up during clean up day, I know because I cleaned them. The dogs are out of control. I have young children, you can't go anywhere without a dog getting in their face and scaring them, jumping on them. They're terrified of dogs. We love dogs, too, but the irresponsible dog owners are ruining it for everyone. TOSV needs a dog registration process with dog tags. Instead of giving dogs more trails TOSV should be considering more restrictions. If parents allowed their children to behave like the dogs, let them defecate everywhere, of left their diapers on the trails the dog owners would be the first to complain. 6/9/2019 7:40 AM 5 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 164 of 242 164 41 I cannot think of any terribly compelling reasons NOT to allow dogs on a new hiking trail that connects two existing dog friendly trails, in a dog friendly town (town housing not withstanding), with a large and active population of dog owning hikers. 6/8/2019 2:38 PM 42 Thanks for giving the majority of us who do not own dogs a say in this matter. I don't like the poop that is left by dumb dog owners and I don't like dog owners who ignore the leash laws. I have seen too many overly friendly and unleashed dogs on our trails that scare the piss out of kids and adults alike on our trails. Enforce the leash laws and the poop pick-up rules and keep dogs off this new trail. 6/8/2019 11:51 AM 43 Hey Markey, can I take your dog for a walk on the new trail? Maybe I can facilitate an encounter with a bear or fox or cayote or a mountain lion for it. No dogs on the Hark Ridge Trail except Markey's. 6/8/2019 11:42 AM 44 Dogs don't need to be on every trail.. This one should not have dogs.6/8/2019 11:36 AM 45 Dogs - UGH!6/8/2019 11:20 AM 46 This isn't a dog owner vs non dog owner question. It is a dog vs wildlife question. The wildlife should win - no dogs on this new trail. 6/8/2019 11:01 AM 47 Dogs, dogs everywhere and a lot of poop along with them. No dogs on the Hawk Ridge Trail. 6/8/2019 10:44 AM 48 Can we put distressed and displaced animals in Markey's back year? Oh, I just remembered, she has a dog. Here's the deal Markey, no distressed animals in your year, no dogs in my yard. I live at Mt. View. 6/8/2019 10:26 AM 49 What happened to our leash law? There are too many scoff-laws with dogs in this town and on out trails, Markey may be right that most dog owners would ignore the prohibition of dogs on the new trail, That is no justification for letting dogs on this trail, leash law not withstanding. No dogs on the Hawk Ridge Trail. 6/7/2019 1:35 PM 50 MY DOG AND I DON'T NEED ANOTHER TRAIL. HAWK RIDGE TRAIL DOESN'T NEED DOGS. VOTE NO DOGS ON THAT TRAIL. 6/7/2019 12:54 PM 51 Why another recount? The trail committee took public comment for the past year. I live at Mountain View and attended some of those meetings. The committee concluded that the trail was no place for dogs and I agree. 6/7/2019 12:35 PM 52 Mayor Butler is off base on this one. Town Council should adopt the trail committee recommendation and keep dogs off the new trail 6/7/2019 12:30 PM 53 This is a wildlife corridor which should not allow dogs. This trail should never have been allowed. Mountain View residents have signed petitions against the trail, have voiced their concerns at meetings and are not being heard. The city can not control the off leash dogs on the rim trail as it is, so how can they control even more trails. Shame on the city council for letting this trail be built, and I am disgusted by the parks and trails department. 6/6/2019 4:35 PM 54 Snowmass Town Council has really struck a nerve with this questionnaire and the possibility of overruling the trails committee's recommendation to keep dogs off the new trail. 20 or more years ago the state's Department of Wildlife also recommended that dogs be kept away from this area where the trail is. That was at the time the Mountain View apartments and condos were being built. What does the council know that your trails committee and the DOW doesn't know? (Except that the mayor wants to walk her dog there.) No dogs on the Hawk Ridge Trail, including the mayor's 6/6/2019 1:15 PM 55 I use Mt. View to Rim 5 days/week, May-Oct. Please allow dogs.6/6/2019 1:09 PM 56 My friends have dogs who I hike with. All for dogs. Are there literally any hiking trails around Snowmass that don’t allow dogs at all? This is stupid that it’s even a question you are asking. 6/6/2019 1:03 PM 57 We have two dogs and know many dog owners here in the village. Markey is the only dog owner I know who wants her dog(s) on the Hawk Ridge Trail. We dog owners already have more trails to use than we can in a lifetime. We don't need any more. No dogs on the new trail. 6/6/2019 12:38 PM 58 No dogs on the new trail!6/6/2019 12:24 PM 59 Please keep these trails dog friendly. It's what makes Snowmass the great town that it is. It would be a great loss if dogs were not allowed on these trails. I use them a few times per week and have never had any issues with dogs. 6/6/2019 12:24 PM 6 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 165 of 242 165 60 We are proud dog owners. Mayor Butler doesn't represent us. She is giving dog owners a bad reputation with her 'I can take my dogs anywhere I want" attitude. There are places for dogs and places where dogs don't belong. This new trail I one of the places where dogs don't belong. Shame on you Mayor. You were elected to represent the whole community. You seem so conflicted on this issue you should recuse yourself. 6/6/2019 12:21 PM 61 Our dogs need more trials and spaces for them to use with their owners.6/6/2019 12:19 PM 62 I am a longtime resident and employee, and a registered voter, I vote no dogs on the new trail, 6/6/2019 11:55 AM 63 I am opposed to allowing dogs on the new trail because this has been wildlife habitat. I was disappointed to see the trail built at all, but now that it is done please minimize its impact. 6/6/2019 10:48 AM 64 love the trail systems in snowmass keep up the good work!6/6/2019 10:46 AM 65 We own three lovely, gentle dogs who are always eager to get outside and walk with us. We have plenty of trails to walk already. We don't need any more. Why din't you leave the new trail to the hikers, bikers and wildlife? Keep dogs off that trail. 6/6/2019 10:15 AM 66 Dogs should be allowed on this Great Snowmass trail system. I hike and bike often and have never encountered any issues related to dogs. Thank you! 6/6/2019 9:54 AM 67 Alyssa, opening the trail to dogs will be cruelly unfair to the birds and other animals in that area. No dogs on the Hawk ridge Trail. 6/6/2019 9:44 AM 68 Off-leash preferred.6/6/2019 9:42 AM 69 I think it's ridiculous that dogs wouldn't be allowed on this trail connector between two trails which are already dog-friendly. It's so hard to find trails in Snowmass that aren't overrun with mountain bikers, making walking with a dog really tough. While I know bikers can use these trails, they don't seem to use them as often as they do the Rim Trail and all the others over on the east side of the mountain in Stark's Trail vicinity. 6/5/2019 5:32 PM 70 It doesn't make sense to have two dog-friendly trails and not have the connector also dog friendly. Also, Rim trail has been off leash and people who use the trail are happy with that. I always move myself and my dog to the side of the trail when a biker is near. 6/5/2019 3:51 PM 71 Keep dogs off the Hawk Ridge Trail. Dogs and wildlife don't mix well at all. That corridor above Mountain View seems to have as much or more wildlife than the Seven Star area. You keep dogs off most of the Seven Star Trail. You should also keep dogs off the Hawk Ridge Trail. 6/5/2019 12:11 PM 72 My wife and I are long time residents of Snowmass Village. We remember when Mountain View was built and opened. We remember the restrictions placed on the mountain view people of no dogs. We have always wondered why there aren't more restrictions on dogs. This village seems like it has dogs everywhere, trails , the Post Office, the bank. Unfortunately, not all dog owners are responsible for their dog's behavior. It would be a tragedy to let dogs into the new trail area. As I recall, that area was identified by state department of wildlife as an especially sensitive area. Thus, the no dogs rule at Mountain View. We vote no dogs on the new trail. 6/5/2019 11:31 AM 73 Are you guys nuts? How can you even think about overruling the department of wildlife and your own trails committee on the issue of dogs on the new trail? Keep dogs out of the new trail, 6/5/2019 11:08 AM 74 We believe the Snowmass Council should abide by the Dept of Wildlife’s conclusion not to allow dogs in this area. There are so many other places dogs on leases are allowed around the Village. Why disturb the wildlife habitat in this area. 6/5/2019 10:06 AM 75 Dogs off leash pose a threat if your running and they come up to you.6/5/2019 7:31 AM 76 Please, Please, Please, no dogs on the Hawk Ridge Trail (HRT). Larry D. is right to say, "Show the wildlife some love" , (see Monday's Times Letter to the Editor) prohibit dogs on the HRT. I am here summer and winter. Summers are excellent. Dog owners have lots of places to walk with their dogs, they don't need another one, especially in this place.. The town needs to do a better job of enforcement of poop pick-up by owners and leash enforcement. I love dogs and have one myself. I don't love irresponsible dog owners in this town. I will use the new trail, but without my dog. 6/4/2019 4:17 PM 77 dogs need places to run off leash. There needs to be more trails where they can be off leash 6/4/2019 3:14 PM 7 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 166 of 242 166 78 My husband and I retired here a few years ago and love it. We own two dogs and take them with us frequently. They love it, too. The local wildlife is one of the things we especially enjoy. But, we keep our dogs away from those areas that are rich with wildlife. Why would you desecrate one of the last open space meadows in the village with this new trail? Shame on you. Don't compound your sin by allowing dogs in there. Seems pretty selfish of the Mayor to go against the trails committee recommendation of no dogs just so she can walk her dogs there. What is government coming to? No dogs on the new trail. 6/4/2019 1:36 PM 79 Hey Town Council, how about a balanced approach to this dog issue? 80 miles of trails with dogs, about a mile of trails without dogs. What's unfair about that? NO DOGS ON HAWK RIDGE TRAIL - NO DOGS ON SOME OF SEVEN STAR. 6/4/2019 10:51 AM 80 I am primarily a mountain biker, live down on Meadow rd, and love the rim trail. But i also recognize that we have so many mountain biking trail options. I would say South rim is usually used as an uphill for mtn bikers, which keeps biker/hiker interactions primarily at lower speeds. And when travelling downhill teh switch backs allow you to see and be more aware of other trail users. The proximity of south rim ( up to the Yin Yang) to the core of snowmass village makes it a signature asset to hikers/dogs and mtn bikers alike. The ability to hike your dog for locals and visitors that live in Snowmass Mtn condos/woodbridge/seasons four and even across the street at the bottom of Assay hill/Viceroy would remain a great asset for the town. The change /extension to the mtn view trail may?encourage more downhill travel on south rim/mtn view which....so i would encourage the town to place additional signage along the mtn view portion of the trail where there are a few blind corners. Overall, i think this trail is a great idea. Chris Tullar 6/4/2019 7:33 AM 81 Please do not let the precedent of allowing dogs on existing trails to be the default for new trails. The committee already admits that existing user compliance is low (i.e. keeping dogs on leash), and ability to enforce is low. Allowing dogs on the new trail only invites more non-compliance. Recognize that not all users want to hike with dogs. This is supposed to be a sensitive wildlife area that should continue to be protected. You may look to your own POSTR goals for some guidance, for example objective 1.1 - balance needs of multiple users. Since 2 existing trails here do permit dogs, how about balancing with one that does not? And goal 8 altogether encourages environmental sensitivity - how much should that be compromised? Building the trail was invasive enough, please try to limit its usage to minimize the impact to wildlife here or this area will no longer be the habitat it is today. 6/3/2019 8:32 PM 82 Thank you for having and maintaining such great trails in Snowmass Village!6/3/2019 5:05 PM 83 Too many dogs and poop on trails as it is.6/3/2019 4:58 PM 84 More dogs is not the answer. A person, leash and dog take up a large amount of space on a single track trail. For some reason dog owners don't realize that even on a leash the dog presents a 6 foot wide barrier. 6/3/2019 4:45 PM 85 It is very difficult to mountain bike with dogs around as they constantly run in front of the bikes even when on-leash. I would hate to injure a dog or myself while riding my bicycle! 6/3/2019 2:32 PM 86 I live in Mountain View. The new trail will make a great loop hike for those of us who live here. I see very little dog traffic in front of my place on Deerfield Our street is not a safety hazard for anyone. My guess is that most of the foot and bike traffic here originates within Mountain View from renters or owners above us. I vote for no dogs on the new trail. 6/3/2019 1:32 PM 87 Doesn't make sense to allow the other trails to have dogs on leash and not this segment in between. Dogs are people too, you know! 6/3/2019 8:29 AM 88 Fuck the wildlife, we need to accommodate dogs and people. That wild shit will take care of itself as it has done for millions of years 6/2/2019 8:02 PM 89 Dogs on the Rim Trail are generally unleashed and the poop, bagged (and left for others) or unbagged is a health and environmental hazard, not to mention disgusting. 6/2/2019 1:28 PM 90 Wild life go through that area don’t build it 6/2/2019 11:28 AM 91 We do not have a dog park in Aspen or Snowmass Village. There aren’t places for people to exercise their pets. More people will come to Snowmass V if they can bring their pets. Pet friendly towns are more frequented. 6/2/2019 9:31 AM 92 I would never dream of taking my dog into such a wildlife sensitive area. I have more that enough places to hike with my dog. Be easy on the wildlife. Keep dogs off the new trail. Got it! No dogs on the Hawk Ridge Trail!!! 6/2/2019 9:19 AM 8 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 167 of 242 167 93 Please, please allow dogs on leads. Poop and scoop. We need dog friendly trails to exercise on. Hell, we allow snowboarders on our mountain and that isn't everyone's cup of tea! 6/2/2019 5:02 AM 94 The dog policy probably should remain status quo although I feel that most people do not follow the “dog on leash” guidelines. It is rare to see a dog on leash on the Rim Trail. But as a biker I have not had an issue with dogs on the trail. 6/1/2019 10:45 PM 95 As long as pups are leashed, and ow 6/1/2019 10:13 PM 96 none 6/1/2019 9:24 PM 97 Please keep status quo on existing trails but no more because not all users respect regulations - off leash, do not control dogs, do not pick up after dogs, etc. 6/1/2019 5:03 PM 98 What about the wildlife impact? Because existing users already do not comply with rules (bring dogs, OFF LEASH) we should give up on enforcement and allow MORE? This would appear to be rewarding bad behavior. 6/1/2019 4:37 PM 99 Emphasize leash only. I am guessing the main concern regarding dogs are when they are off leash potentially annoying wildlife and other hikers & home owners with chasing and pooping. Provide dog bags and poop containers and trail heads. 6/1/2019 11:50 AM 100 Mountain View residents are not allowed to have dogs due to wildlife concerns, so dogs should not be allowed on the Hawk Ridge trail for the same reason. 6/1/2019 9:43 AM 101 Designated dog park needed for safe off leash interaction with community dogs.6/1/2019 8:53 AM 102 It makes sense to have dogs allowed on a trail that links two other dog allowed trails. I am open to it not being allowed if there are wildlife concerns. More importantly, I am concerned with the amount of trail building in Snowmass. Habitat fragmentation is a very real concern for me. Incrementalism is completely changing the landscape of our public lands. Does this trail mean that the town will be soon building a single track parallel to the Melton Ranch paved trail as well? I mean, we do not have to build an expensive trail that further fragments wildlife habitat each time a mountain biker's tires have to hit the pavement for 6 minutes. Stop chopping up the land. 6/1/2019 8:07 AM 103 The trail will be great fun and I want to share it with my lab 6/1/2019 7:16 AM 104 I hike with my dog, on leash always. I pick up my dog's waste... I think I might be the only person who does... leash law or not, dogs are never on a leash!!!!! 5/31/2019 9:13 PM 105 No need to restrict dogs on this trail. On leash should be perfectly acceptable. This is Colorado!!! 5/31/2019 8:47 PM 106 Of course you should allow dogs on the trail. The two connecting trails allow it so it only makes sense. What’s it matter if employee housing tenants can’t have dogs? It’s an outdoor public trail! 5/31/2019 8:41 PM 107 the restriction in the parking lot makes sense. the restriction on the trail makes no sense 5/31/2019 8:40 PM 108 I have never really come up with any negative feedback when we have walked our dog on any of the trails. I really don’t see it as an issue. We are hikers only, and keep our dog free of mountain bike users. 5/31/2019 8:18 PM 109 No dogs please as many dog owners don't seem to understand that rules apply to their dogs too. 5/31/2019 8:12 PM 110 When Mountain View was built in 1991, the DOW made a recommendation to TOSV that dogs not be allowed, in order to reduce impact on wildlife. Nothing has changed in the 28 years since then. Dogs should not be allowed on either the new Mtn View/Hawk Ridge connector trail or the existing Rim trails. 5/31/2019 8:10 PM 111 End the leash restrictions for dogs. Employ a voice and sight program such as in the City of Boulder. 5/31/2019 7:46 PM 112 Dogs run loose on trails already even when required to be on leash. Leash law not enforced or followed. Even if you proclaim no dogs they will up there and off leash. 5/31/2019 6:32 PM 113 Can't tell you how many times dogs on extension/reel leashes or no leash have charged, caused unsafe or threatening situations and their walkers were indifferent or belligerent...... 5/31/2019 6:22 PM 114 It is so difficult for my dog and me to end our hike on South Rim by walking down the hot asphalt road to the Melton Ranch Trail toward home at Snowmass Mtn condos. A trail that we could take would be a godsend. Hope dogs will be welcome, on leash of course. 5/31/2019 6:12 PM 9 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 168 of 242 168 115 I live in Mountain View and love it. Thanks TOSV for providing a dog free housing option. I hike many of the town trails which are mostly over run by dogs. A dog free trail option would be awesome. Isn't there a leash law on the trails? More often than not the dogs I see on the trails are running free and rarely under voice control of their owner. There are too many inconsiderate dog owners on the trails. No dogs on the new trail! 5/31/2019 10:54 AM 116 Keep building these trail connections! Looking forward to Hawk Ridge and the other key trail links identified in POSTR 5/30/2019 1:15 PM 117 We need an off leash dog/human trail in Snowmass that does not allow mountain bikes. Even on leash it is very dangerous on the trails in Snowmass and it is very unfair for us to put ourselves and our dogs in danger when we hike 5/30/2019 12:27 PM 118 The employee housing units are town subsidized. Regardless that their units are pet free, and should remain so, the trail should not be limited to people only. The trail is not subsided for limited use , and is offered for open public use. The rules of TOSV Housing do not apply to our tail system. 5/30/2019 10:52 AM 119 This new trail does not do me any good because of where I live. I see bikers, hikers, and dog walkers go past my apartment on Deerfield - newer seen any problems. Seems to be lots of poorly trained dogs and inconsiderate dog owners on town trails. It's even worse in Aspen. The Rio Grand Trail is a disaster for bikers and hikers especially on weekends with all the dog traffic. Keep dogs off the new trail. Thanks 5/29/2019 12:51 PM 120 To cut a trail into that pristine meadow is probably a mistake. to let dogs use that trail is certainly a mistake. How can the council appoint a committee of experts to make recommendations on trails and then have the council veto their recommendations? 5/29/2019 10:30 AM 121 The more trails the merrier, my only concern is trail users in this location using the already very limited parking at Mt. View 5/28/2019 4:25 PM 122 The trail is unnecessary. People have been and still can use the parking lot to cross between trails. Mt. View is not exactly a busy highway and the dangers are not extreme. But I digress. If dog owners were more responsible, I wouldn't have a problem. However, everywhere I go I see bagged dog doo doo laying on the trails. No one ever has their dog leashed. Sometimes they leash them if the owner sees you approaching, but most of the time I have to dodge them if I'm biking. If the town absolutely MUST spend money on a trail that it doesn't need, ban the dog owners. The dogs, however, are fine. 5/28/2019 3:36 PM 123 We lost a lot of trails around seven star and droste because we can't bring dogs. It's even hard to hike highline now with a dog on leash because the bikers are so fast coming from sky mountain. please allow dogs on the new trail 5/28/2019 11:56 AM 124 PLEASE LOOK AT THE EIS. PLEASE KNOW THIS WILL COME INTO PLAY. HAS CPW BEEN INVOLVED IN THIS TRAIL APPROVAL? 5/28/2019 11:48 AM 125 The current dog situation on the Rim Trail is dangerous for dogs, bikers, and wildlife. More than half of dogs are off leash. (I can see the Rim Trail from my window and can see a lot of activity most days). I've seen dogs chase wildlife and run directly in front of bikers. Leash rules on the Rim Trail need to be enforced. If you allow dogs on this new section of the trail, you will have to allow residents of the Mountain View complex to own dogs since the area will no longer be a wildlife protection area. It would be extremely hypocritical to allow dogs on the trail but not in the homes. I really don't understand why the trail needs to be built in the first place and I don't feel like it was brought to the town's attention very well before it's approval. 5/27/2019 6:46 PM 126 Step up enforcement of the leash laws. Everyday tons of people start the rim trail hike from the Mountain View parking lot and don't leash their dogs. Some of them don't clean up after their dogs either. It's bad for the wildlife and dangerous for dogs and bikers. 5/27/2019 6:32 PM 127 The trails are what makes Snowmass so great. The connection is a great benefit to hikers and bikers. This valley needs to become more dog friendly to help fix housing issues. It’s better for the dogs to be on the trail than in the parking lot. Thanks! 5/27/2019 6:30 PM 128 I do not see the benefits of the trail to begin with. There are plenty of trails around Snowmass and the wildlife has already been affected by those, so let’s not make another human imprint. Do we need to really keep increasing human traffic while there is no outcry from the public to do so? There is no one enforcing the dog on leash on rim trail as well, so why would this be any different? Let’s keep Snowmass somewhat unique and not create another trail. There’s already enough trails, keep what’s left of untouched areas, untouched. Please. 5/27/2019 5:23 PM 10 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 169 of 242 169 129 Mountain View condos has ALWAYS been dog-free and should remain that way. Many people that bought there WANT it that way. MOST dogs I see on the South Rim trail are NOT on leash. This would be no different. 5/27/2019 5:06 PM 130 It makes no sense to prohibit dogs on that section of trail. Hikers with dogs will just continue to access the Rim trail from the Mountain View trail through the Mountain View parking lot. The new connecting Hawk Ridge trail is being built to avoid doing just that. Also, I am concerned about trail users parking at Town Hall (which is already insufficient for the number of employees and customers) to access the Rim trail via the Hawk Ridge connector and Mountain View trails. 5/25/2019 12:10 PM 131 I feel strongly about this new trail remaining dog friendly. It is only .03 of a mile and don’t foresee how that could be a problem. And If it were to be a no dog trail, hikers would continue to use the parking lot to access the trail head. 5/25/2019 8:11 AM 132 Just need to be consistent in trail use through Snowmass 5/25/2019 7:41 AM 133 Was there any environmental impact assessment done as part of the decision to build the trail at all? Even if not required? Some impartial study / recommendation would be helpful. It would also be useful to explain more what is the history behind prohibition of dogs for residents. 5/24/2019 4:49 PM 134 We elected you to make decisions-please do that. The homeowners at Mountain View should have their own vote whether to have their property restrictions changed, but they should not impose their personal restrictions on the public. 5/24/2019 3:22 PM 135 Great connection.5/24/2019 3:12 PM 136 How is this even a question?? Mountain View is not a free market complex... correct? It's subsidized with tax dollars, correct? The trail is on property that is town owned... correct? Sorry - if they want a say or want to own a dog they can buy their own free market property. Otherwise, go pound sand. 5/24/2019 2:00 PM 137 Dogs are the best 5/24/2019 12:37 PM 138 This trail should definitely remain dog friendly trail on leash!!!! I’ve lived in Snowmass Village for 45 years that’s ridiculous that dogs should not be able to go on the trail on a leash! Cheers thanks for listening . 5/24/2019 10:16 AM 139 If every dog were on a leash, that would be ok to allow them on the trails. However, compliance on the Mt. View trail with leashes is less than 10% and enforcement is negligible. 5/24/2019 7:04 AM 140 People in subsidized housing should not be able to dictate terms to others in the community who have help subsidize their housing. 5/24/2019 6:45 AM 141 I've worked in SMV for 14 years and have lived in Mtn. View twice; having recently been a resident again for a year now, and hope to continue living here for quite a bit longer. I don't believe the dog issue is nearly as important as the people & vehicle issues. While I work a more typical day job; many of my neighbors work in service industries that require them to work into the wee hours of the morning. Boisterous groups of hikers & bikers staging in and using the Mtn. View parking lot to access the South Rim trail can be significantly disruptive to the peace and quiet of this residential area. They also take up parking for the rent paying resident of this complex... and yes; they sometimes have dogs with them. Most of the dogs and their owners are well-behaved, quiet & clean. Some are not. I think the more pressing issue with the trails in this area is parking and staging space, and not dogs. By creating additional parking & staging space, and more actively encouraging use of the Village Shuttle & RFTA to access the trails in the Mtn. View neighborhood, both residents and trail users would all be better served, and conflicts more easily avoided. 5/24/2019 6:11 AM 142 By no means is putting ample dog stations going to make people use them, but having them available for those of us that respect our town is always appreciated. 5/23/2019 9:39 PM 143 I may not live I Snowmass (roaring fork valley resident) but I do use the trails to ride and hike and being able to walk with a dog on leash is a joy that all need to revel in whenever the opportunity presents itself 5/23/2019 8:06 PM 144 Since I am a property tax payer I would like to think that my dog could go wherever I hike and bike. Already got sold a bill of goods in sky mountain! Some of Mountain View doesn’t pay property taxes, enough of the NIMBY. 5/23/2019 7:25 PM 145 Na 5/23/2019 5:55 PM 146 All trails should be dog friendly but strictly enforced for the leash law. Keep up the great work on our trails! 5/23/2019 5:28 PM 11 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 170 of 242 170 147 come on its man's best friend 5/23/2019 3:21 PM 148 Seems the goal of this new trail is to keep people safely off the road and out of the parking lot of Mountain View. If this section of the trail did not allow dogs, then people would still be routed through the parking lot to connect back to the Rim Trail. In my opinion it would be very difficult to regulate this one section of new trail if it did not allow dogs. As long as dogs are allowed on a leash, it seems to be a manageable solution for everyone. 5/23/2019 1:11 PM 149 we need better enforcement of leash laws 5/23/2019 6:07 AM 12 / 12 Hawk Ridge Trail 06-17-19 TC Packet Page 171 of 242 171 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: June 17, 2019 AGENDA ITEM: REVIEW OF UPDATED MALL TRANSIT STATION CONCEPT PRESENTED BY: David Peckler, Transportation Director Alex Jauch, Architectural Designer, S.E.H. BACKGROUND: Staff has been gathering input on the Mall Transit Station concept since the beginning of the new year. The goal has been to get input on the program elements, layout and concerns. Two meetings were held with the preferred consulting firm Short Elliot Hendrickson Inc. (S.E.H.), the Town Manager’s office, RFTA, the Mall ownership, Public Works, Community Development, and the Transportation Department. The objective of these early meetings was to determine what materials were available covering: topography and constraints of the site; the projects budget constraints; and general elements to be addressed in the design. On April 1, 2019 Council was presented with three rough conceptual options for the site: • Option 1 proposed a single central island for pedestrian staging that included a building to house public restrooms, information services and breakroom for drivers. The island provided three separate bus bays for RFTA vehicles and five for Village Shuttle vehicles. Two staging bays were provided for both RFTA and the Village Shuttle. Below the transit station were replacement of the Lot 6 short term parking that had a single entrance, space for some delivery vehicles, space for some kiss and ride parking, and elevators and stairs for vertical circulation. • Option 2 proposed three islands that provided four separate bays for RFTA and six for the Village Shuttle. No bays were provided for bus staging. A building was included on the larger Village Shuttle island to house public restrooms, information services, and breakroom for drivers. Below the transit station were replacement of the Lot 6 short term parking that had two entrances to boost access, space for some delivery vehicles, no space for some kiss and ride parking, and elevators and stairs for vertical circulation. 06-17-19 TC Packet Page 172 of 242 172 • Option 3 proposed putting passenger queuing around the perimeter of the site to attempt to reduce pedestrian/bus conflicts. The design accommodated three separate RFTA bays and five Village shuttle bays. Two buildings at the access points for the Mall were provided to house public restrooms, information services and breakroom for drivers. The island provided three separate bus bays for RFTA vehicles and five for Village Shuttle vehicles. Two staging bays were provided for both RFTA and the Village Shuttle. Below the transit station were replacement of the Lot 6 short term parking that had two entrances, space for some delivery vehicles, no space for some kiss and ride parking, and elevators and stairs for vertical circulation. During the following week, staff presented the conceptual options to the Mall merchants and neighboring properties for information and input. On April 10, 2019 an Open House was held at Town Hall to gather additional public comment on the three options. At the end of this process, Option 1 proved to be the preferred option. Concerns were mentioned about the mass and scale of the design in the meetings. For this basic program work staff did not try to address the architecture of the structure and did not make attempts to mask the structure with landscaping or architectural treatment specifically to present the structure as factually as possible. Additional meetings were held with RFTA and Village Shuttle staff to gather operational input on Option 1. RFTA set a design goal of having four independently operational bays for their service. The turning requirements of RFTA’s MCI buses poses a challenge for the design in general. To achieve the goal required some alterations of the station’s layout to accommodate the four separate bays. Council will be reviewing the latest conceptual design to date that incorporates the goals and input identified above. I have also included the design criteria from the 1999 design work with highlights of the items address in this design effort for Council’s review and discussion. We are trying to keep the transit deck at the original horizontal dimensions to not increase the height of the structure at lot 5 and Daly Lane. The next step of this design process will be to refine and evaluate the potential construction costs. FINANCIAL IMPACT: The design work is still covered by the $50,000 from the EOTC. Until we define the scope of the project and get farther along in the design work, we will not have enough information for rough construction cost projections. 06-17-19 TC Packet Page 173 of 242 173 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The Town has been using alternative modes of transportation, most notably regional and local transit, to mitigate traffic impacts. The Mall Transit Station would be consistent with the objectives of the Comprehensive Plan. COUNCIL OPTIONS: This is an information item only. STAFF RECOMMENDATION: This is an information item only. If the proposed design is reasonable, we will continue forward with the cost estimating phase of the project. ATTACHMENTS: 1. Mall Area Transit & Parking Plaza General Design Criteria April 1999 2. TOSV Mall Transit Station – Town Council presentation 06-17-19 TC Packet Page 174 of 242 174 Appendix A Mall Area Transit & Parking Plaza General Design Criteria April 1999 Pedestrians………………………………………………………………………………………………...  Pedestrian access and flow have ultimate priority over bus and cars  Pedestrian Plaza above covered Bus Transit Area at same grade as Mall  Pedestrian access from Mall must be easy and short to Bus Transit Area  Provide snow-melted walkways where necessary  Moving ramps or escalators are desired to access buses  Accommodate ADA Requirements in Pedestrian Plaza  Minimize crossings of vehicular movements  Provide strategically located reception / information area  Provide bicycle facilities during summer season Bus Transit…………………………………………………………………………………………….…  Bus transit has priority over car traffic  Provide transit riders with clear, easy directions to buses  TOSV Shuttle Buses – 5 bays for unloading, 5-6 bays for loading  RFTA Regional and Day Skier Buses – 2 coach bays, 3 articulated bus bays  Accommodate ADA Requirements in Bus Plaza  Provide for comfortable waiting areas, approx. 3600 sf for RFTA  Provide for smooth flow of buses through plaza, separate from car flow  Limit bus paths crossing one another  Coordinate operations with Base Village development Car Parking……………………………………………………………………………………………….  Provide for replacement of parking displace by plaza  Provide 100-200 additional parking spaces  Maximize parking spaces near Mall  Provide increased spaces for short term parking near Mall  Provide for kiss and ride area near Mall  Provide clearly marked pedestrian exits from parking areas Roadway Improvements…………………………………………………………………………………  Improve intersection of Elbert Lane and Upper Snowmelt Road  Align relocated Snowmelt Road to recent realignment at Lot 4  Provide snow-melted roadways where necessary 06-17-19 TC Packet Page 175 of 242 175 Structure Features………………………………………………………………………………………  Provide a sense of arrival at the Mall  Hold close to existing ridge line and minimize retaining wall exposure  Build parking structure down, rather than up  Provide open air feeling to bus plaza  Design for maximizing space now, cut-back later if necessary Conference Area………………………………………………………………………………………….  Accommodate approximately 16,000 sf for temporary conference tent  Locate space in Lot 9 at approximate level of Elbert Lane Loading & Delivery……………………………………………………………………………………….  Improve operations on Elbert Lane and Daly Lane  Consider concept of holing through Parcel C Building  Consider separation of transit vehicles from loading & delivery vehicles Other Considerations…………………………………………………………………………………….  Provide plan for taxis, lodge vans and charter buses  Provide visitor amenities including restrooms and congregating areas  Provide concepts for use of existing TOSV Bus Plaza  Accommodate Ski School drop offs until Base Village is developed  Minimize visual and other environmental impacts to residents  Consider bus storage in underground parking area  Consider operations management strategies for transit  Consider inclusion of transit operations offices  Consider automated ticket sales as well as face-to-face sales  Consider possible parking spaces under bus plaza area  Improve pedestrian friendliness of Elbert Lane & Daly Lane  Consider security in transit & pedestrian areas 06-17-19 TC Packet Page 176 of 242 176 Mall Transit Station Redevelopment 21 Town of Snowmass Village Feasibility StudyTown CounCil PresenTaTion 06/17/2019 TOWN OF SNOWMASS VILLAGETRANSIT STATION FEASIBILITY STUDY Mall Transit Station Redevelopment 06-17-19 TC Packet Page 177 of 242 177 EXISTING TRANSIT STATION Bus Operations • SINGLE BUS PLATFORM • TOSV SHUTTLE LOADING/UNLOADING LOCATED ON DALY LANE • (2) RFTA BUS LOADING/UNLOADING • (2) RFTA BUS STAGING | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D | DALY LANELOT 5 | EXISTING PARKING TO REMAIN LOT 6 | 54 EXISTING PARKING TO BE RELOCATED LOT 4 | EXISTING PARKING TO REMAIN Mall Transit Station Redevelopment 21 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 178 of 242 178 OPTION 4 UPPER LEVEL Bus Operations • SINGLE BUS PLATFORM • (2) 30’ SHUTTLE LOADING/UNLOADING • (1) 30’ SHUTTLE UNLOADING • (2) 40’ LOADING/UNLOADING • (7) 45’ LOADING/UNLOADING Transit Station • 42,050 SF TRANSIT PLATFORM • 2,600 SF COMBINED TRANSIT STATION • DRIVER LOUNGE • RFTA DISPATCH • SKIER SERVICES • PUBLIC RESTROOMS Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • DIRECT UPPER/LOWER MALL ACCESS | ELEVATOR | STAIRS TO GARAGE | LANDSCAPING/SEATING | FUTURE LOADING/UNLOADING | PLATFORM +25’ ABOVE LOT 5 | STAIRS TO GARAGE | SKYLIGHTS TO BELOW | PEDESTRIAN ROUTE TO BRUSH CREEK RD | PEDESTRIAN ROUTE TO BRUSH CREEK RD | WAYFINDING/ART | UPPER MALL ACCESS | SNOW REMOVAL STORAGE | ACCESS TO LOWER CARRIAGE WAY | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D | DALY LANEraised paving pattern to direct ped traffic site wall to direct ped traffic B-1 45’ loading/unloading B-3 45’ loading/unloading B-9 40’ loading/unloading B-10 40’ loading/unloading B-11 45’ staging B-12 30’ staging B-7 30’ loading/unloading B-6 30’ loading/unloadingB-5 45’ loading/unloading B-8 45’ loading/unloading B-4 45’ loading/unloading B-2 45’ loading/unloading | MAIN MALL ACCESS raised paving pattern to direct ped traffic | TRANSIT STATION LOT 5 | EXISTING PARKING TO REMAIN LOT 4 | EXISTING PARKING TO REMAIN Mall Transit Station Redevelopment 43 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 179 of 242 179 OPTION 4 LOWER LEVEL Parking & Deliveries • (2) PARKING ENTRY/EXITS • (56) PARKING SPACES • (3) ADA SPACES • (1) VAN ADA SPACE • (1) DELIVERY VEHICLE PARKING • (5) KISS N RIDE PARKING Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • TRANSIT STATION MECH/ELEC SERVICES • ADDITIONAL STORAGE SPACE | MECH/ELEC | DELIVERY VEHICLE PARKING | DRIVE +5’ ABOVE LOT 5 | KISS N RIDE | SNOW REMOVAL STORAGE | ACCESS TO BRUSH CREEK RD | CARRIAGE WAY | ELEVATOR | STAIR | STAIR | DALY LANELOT 5 | EXISTING PARKING TO REMAIN Mall Transit Station Redevelopment 65 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 180 of 242 180 CARRIAGE WAY PERSPECTIVE FLAT TOP SCREENING Mall Transit Station Redevelopment 87 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 181 of 242 181 DALY LANE PERSPECTIVE FLAT TOP SCREENING Mall Transit Station Redevelopment 109 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 182 of 242 182 CARRIAGE WAY PERSPECTIVE SLOPED TOP SCREENING Mall Transit Station Redevelopment 1211 Town of Snowmass Village Feasibility Study06-17-19 TC Packet Page 183 of 242 183 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: June 17, 2019 AGENDA ITEM: June 20, 2019 EOTC Preparation Meeting PRESENTED BY: David Pesnichak, Regional Transportation Administrator BACKGROUND: Staff met with Council on May 20. At this meeting, Council had the opportunity to provide feedback on the June 20, 2019 EOTC meeting agenda. This goal of the June 17 meeting is to prepare Council for the upcoming EOTC meeting on June 20, 2019 and answer questions on this meeting packet. FINANCIAL IMPACT: None. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Engagement, Safety, and Regionalism COUNCIL OPTIONS: Meeting is informational and to answer questions only. STAFF RECOMMENDATION: Staff will provide an overview of the June 20, 2019 EOTC packet and answer questions. ATTACHMENTS: 1. June 20th, 2019 EOTC Meeting Packet 06-17-19 TC Packet Page 184 of 242 184 Elected Officials Transportation Committee (EOTC) Thursday, June 20, 2019 - 4:00pm Location - Pitkin County Board of County Commissioners Meeting Room Host and Chair - Pitkin County ____________________________________________________________________________________ I. 4:00 - 4:10 PUBLIC COMMENT (Comments limited to three minutes per person) II.4:10 - 4:30 EOTC RETREAT - UPDATE David Pesnichak, Transportation Administrator; Stephanie Zaza, Retreat Facilitator III.4:30 - 5:30 BRUSH CREEK PARK AND RIDE - FLAP IMPROVEMENTS David Pesnichak, Transportation Administrator Decision Needed: Reallocation of Certain Matching Funds from 2020 to 2019, and Specific Design Review IV.5:30 - 6:00 DYNAMIC MESSAGE SIGN (DMS) David Pesnichak, Transportation Administrator; Chris Baroody, Pitkin County Decision Needed: Location of DMS V.6:00 – 6:30 UPDATES-INFORMATION ONLY A.TOSV TRANSIT CENTER David Peckler, Town of Snowmass Village B.RFTA RETREAT AND BALLOT MEASURE 7A UPDATE David Johnson, RFTA *Next meeting is October 17, 2019 - City of Aspen to Host & Chair Page 5 Page 7 Page 33 Page 46 Page 47 06-17-19 TC Packet Page 185 of 242 185 ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) AGREEMENTS & DECISIONS REACHED AT THE MARCH 21, 2019 MEETING Location - Snowmass Town Council Chambers Town of Snowmass - Host & Chair Elected Officials in Attendance: Aspen - 2 Pitkin County - 5 Snowmass - 4 Adam Frisch Kelly McNicholas Kury Markey Butler Ward Hauenstein Greg Poschman Bill Madsen George Newman Bob Sirkus Steve Child Alyssa Shenk Patti Clapper Absent: Tom Goode, Ann Mullins, Steve Skadron, Bert Myrin ______________________________________________________________________________ Agreements & Decisions Reached PUBLIC COMMENT Toni Kronberg thanked Adam Frisch for his service as an Aspen City Councilor. EOTC Budget Impacts from the Passage of RFTA Ballot Measure 7A David Pesnichak - Transportation Administrator Mr. Pesnichak presented the budget impacts to the EOTC as a result of the passage of RFTA Ballot Measure 7A in November 2018. It was explained as a result of the passage of RFTA Ballot Measure 7A, money that had been allocated by the EOTC to go to RFTA to offset the cost of providing BRT connecting service between the Brush Creek Park and Ride and the Town of Snowmass Village will now be covered by RFTA. The EOTC budget, therefore, needs to be adjusted to move the money from allocated for this service to unallocated. The cost of this service is currently budgeted for $419,587. Under the currently approved 2019 EOTC budget, this allocation was to come from 50% “above the line” and 50% from the Snowmass Savings Account. Based on feedback received from the Town of Snowmass that this reallocation presents an opportunity by freeing up previously utilized capacity within the Town of Snowmass Savings Account, Mr. Pesnichak noted that continuing this reallocation to the October 17, 2019 EOTC meeting date does not present any budgetary issues. This time would allow for an exploration of possibilities to utilize this budgetary capacity for transit purposes. Decision Reached: Continued to October 17, 2019 EOTC Meeting. 06-17-19 TC Packet Page 186 of 242 186 Dynamic Message Sign (DMS) and Park and Ride Name David Pesnichak - Transportation Administrator As a part of the EOTC budget, $50,000 has been allocated for 2019 and $400,000 in 2020 to design and install a DMS on upvalley Highway 82. This sign is to be installed approximately one mile downvalley of the Brush Creek Park and Ride in order to convey messages to drivers related to parking, congestion, bus and vehicle travel times, and emergency situations. The goal is to encourage drivers to utilize the Brush Creek Park and Ride to either carpool or utilize the free bus to either Snowmass or Aspen. Mr. Pesnichak explained that as the project nears 30% plans, there are several decisions that need to be made by the EOTC. These decision points are as follows: ●Consider Reallocation of $400,000 from 2020 EOTC budget to 2019. ●Decide on Cantilever or Butterfly design. ●If Butterfly design, provide direction on size of sign - 26’ wide or 18’ wide. ●Decide on standardized name for Park and Ride - “Brush Creek Park and Ride” or “Aspen / Snowmass Park and Ride”. Decisions Reached: ●Reallocate $400,000 from 2020 EOTC budget to 2019. ●Utilize Butterfly design. ●EOTC requested further information on the sign’s visual and message impacts in order to decide between a 26’ and 18’ wide Butterfly sign. Mr. Pesnichak indicated he would bring further visualizations and messages to each EOTC jurisdiction to find consensus. ●Standardize name to “Brush Creek Park and Ride”. Brush Creek PnR - FLAP Grant Improvements David Pesnichak - Transportation Administrator Pitkin County and the U.S. Forest Service applied for a FLAP grant to improve the Brush Creek Park and Ride in 2017. The grant was awarded in 2018 with funding beginning in 2019. Design and permitting is planned for 2019 and 2020. Construction is planned for 2021. Project description includes: ○Permanent restroom facilities with flush toilets ○Water and wastewater facilities (well and septic) ○Increase paved area for parking (pave recycled asphalt area) ○Add security lighting Mr. Pesnichak presented three concepts that were drafted by the consultant team and reviewed by Staff. These options are entitled in relation to the location of the restroom facilities for that respective concept: “North of Station”, “Mid-Station”, and “On Platform”. The pros and cons of each location for the restrooms were described by Staff. It was explained that a decision by the EOTC on the restroom location 06-17-19 TC Packet Page 187 of 242 187 is important at this stage so keep the project moving forward to 30% plans in June. Staff requested a decision on the restroom location. Decision Reached: “Mid-Station” restroom location. Set Date for EOTC Retreat David Pesnichak - Transportation Administrator At the EOTC meeting on October 2018, the EOTC budgeted for a retreat in 2019. Staff requested a decision on the optimal date for the retreat and suggested that it take place in late July or early August. Staff also suggested that the retreat focus on reevaluating the EOTC mission as well as formalizing a common vision and values for the Committee that could be utilized with the development of a strategic plan. It is understood that all members may not be able to make the retreat date and as a result, the date that works the best for the most people is to be chosen. Decision Reached: Staff to send out a Doodle Poll to determine an optimal date for the retreat. VI. UPDATES & FUTURE AGENDA ITEMS ●Town of Snowmass Village Transit Station Update - David Peckler - Town of Snowmass Village, Transportation Director ●HOV Lane Enforcement - David Pesnichak - Transportation Administrator ●Aspen Country Inn Subsidized Rides - David Pesnichak - Transportation Administrator ●X Games Revenue vs. Cost - David Pesnichak - Transportation Administrator 06-17-19 TC Packet Page 188 of 242 188 AGENDA ITEM SUMMARY EOTC MEETING DATE: June 20, 2019 AGENDA ITEM TITLE: EOTC Retreat Agenda and Update STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator ISSUE STATEMENT: At the EOTC meeting in October 2018, the EOTC budgeted for a retreat in 2019. The last EOTC retreat was in 2014. City, County, Town, and EOTC staff have been working together with the facilitator, Stephanie Zaza, to help establish the purpose and goals for the upcoming retreat. Staff will gather feedback from the EOTC on the proposed purpose and goals for the retreat, and introduce Stephanie Zaza, the retreat facilitator. BACKGROUND: The purpose of the retreat is to develop strategic planning elements that will guide future EOTC efforts. The goals of the retreat are: 1) to establish a baseline understanding of the EOTC purpose, requirements, structure, funding and operations; 2) identify the strengths, weaknesses, opportunities and threats facing the EOTC today, and 3) create a priority list of themes, major topics, and projects to help guide the EOTC’s next steps and vision. This strategic planning effort has become particularly important with the new hire of a Transportation Administrator. The guidance from this retreat will help ensure that this resource is utilized in an efficient and effective manner. The retreat is currently scheduled for 8.15am to 3.00pm on August 7 at Aspen Meadows. BUDGETARY IMPACT: ●The EOTC Budgeted $10,000 for a retreat in 2019. RECOMMENDED EOTC ACTION: ●Provide any feedback on the purpose and goals of the retreat. ATTACHMENTS: Retreat agenda and short bio of Stephanie Zaza 06-17-19 TC Packet Page 189 of 242 189 EOTC Retreat Agenda August 7, 2019 Aspen Meadows Resort FACILITATOR BIOGRAPHICAL SKETCH Stephanie Zaza, MD, MPH, FACPM Captain (retired), US Public Health Service Stephanie Zaza is a strategic planning and decision-making facilitator. Dr. Zaza had a 25-year career at the Centers for Disease Control and Prevention in Atlanta, GA where she served in numerous leadership roles including director of strategic planning for CDC’s Emergency Preparedness and Response Program. In 2016, Dr. Zaza retired from the US Public Health Service having earned numerous service awards. She and her husband, Joseph Armstrong, moved to the Roaring Fork Valley where she maintains a strategic planning, leadership, preventive medicine, and public health consulting practice. Dr. Zaza currently serves as President of the American College of Preventive Medicine, a national professional society of physicians in the practice of preventive medicine and public health. Dr. Zaza is an avid hiker and skier and performs with Symphony in the Valley and High Country Sinfonia as a violinist, and the Aspen Choral Society as an alto and member of its Board of Directors. Time Topic Lead Outcome 8:15-8:30 Gathering, coffee, mingling 8:30-8:45 Introductions and Overview Stephanie Zaza Participants agree to process and expected outputs of the day’s work 8:45-10:15 Presentation: EOTC Basics David Pesnichak 1.Participants are familiar with the purpose, requirements, structure, funding and operations of the EOTC 2.Participants have an environmental scan to use during the SWOT analysis 10:15-10:30 Break 10:30-12:15 EOTC SWOT* Analysis Working Session: *Strengths, Weakness, Opportunities and Threats Stephanie Zaza 1.Participants produce a general SWOT analysis of the EOTC to use in evaluating the feasibility and priority of potential next steps 2.Participants have a SWOT analysis to inform Identification of Transportation Projects and Themes 12:15-12:45 Lunch 12:45-2:45 Identification of Transportation Projects and Themes Stephanie Zaza 1.Participants produce a priority list of themes/major topics that can be used by staff to develop a strategic vision statement 2.Participants produce a priority list of projects that can be used as a starting point for EOTC future decision-making 2:45-3:00 Wrap-Up and Next Steps Stephanie Zaza Facilitator will provide a summary of the day’s work and outline of next steps to be executed by staff and EOTC members 06-17-19 TC Packet Page 190 of 242 190 AGENDA ITEM SUMMARY EOTC MEETING DATE: June 20, 2019 AGENDA ITEM TITLE: Brush Creek Park-and-Ride - Federal Lands Access Program (FLAP) Grant Improvements STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator ISSUE STATEMENT: This memo is intended to update the EOTC members on the current progress of the FLAP Grant improvements at Brush Creek Park-and-Ride, obtain direction on key design items, and address certain budgetary requirements of the grant. BACKGROUND: Pitkin County and the U.S. Forest Service applied for a FLAP grant from the Federal Highways Administration (FHWA) to improve the Brush Creek Park-and-Ride in 2017. The grant was awarded in 2018 with design work beginning in 2019. Construction is planned for 2021. The improvements are to be funded by ~$1.9 million from the federal FLAP grant with matching funds from the EOTC for a total budget of approximately $3.9 million. Preliminary Engineer Estimates for the project are coming in at $3.9 million (with an uncovered and open Special Events / Flex space – see below for more details). The general project description includes: ○Permanent restroom facilities with flush toilets ○Water and wastewater facilities (well and septic) ○Increase paved area for parking (pave recycled asphalt area) ○Security lighting and landscaping The consultant, Jacobs Engineering Group, has been retained by the FHWA to proceed with the Brush Creek Park-and-Ride design and engineering as a part of the FLAP grant award. The project is currently in the early design phase at roughly 30%. Direction and decisions are needed from the EOTC at certain points in the design process. The EOTC will continue to be involved in the design as it develops. At the March 21, 2019 EOTC meeting, staff brought three restroom placement concepts to the Committee for consideration: “North of Station”, “Mid-Station”, and “On Platform”. At this meeting, the EOTC agreed to the “Mid-Station” concept and as a result, staff and the design team have been progressing with this restroom location. This memo and discussion are intended to update the EOTC members on the current progress of the FLAP Grant Improvements, request a reallocation of a limited amount of matching funds from 2020 to 2019 to satisfy the FLAP Grant requirements, and obtain particular design review direction. 06-17-19 TC Packet Page 191 of 242 191 Specifically, Staff is looking to the EOTC to provide a decision and/or direction on the following items. All of these items are more fully described within this memo. 1. Reallocate $70,000 of FLAP Matching Funds from 2020 to 2019 ($41,126.45 invoice Summer 2019 + ~$25,000 invoice Fall 2019 + $3,873.55 contingency) 2.Design Review Decisions: a. Special Events / Info Booth Area (Open, Covered, or Enclosed) b.Security (cameras - buildings only or buildings and parking, emergency button / phone, human security, lighting) c.Snow Melt on Restroom Platform and Crosswalks d.Sustainability: ○Solar Panels on Building and/or Ground Mount ○Strive for LEED Building Outreach Update: -Outreach to Date ●Online Public Survey, PitkinConnect (May) (See Summary – Attachment 3) ●Public Open House with Consulting Team at CMC, Aspen (April) ●W/J Metro District and Homeowners Association (February) ●Brush Creek Metro District and Landowners Association (January) ●Woody Creek Caucus (January) -Highlights of PitkinConnect Public Survey Results (Survey Summary – Attachment 3): ●80 Respondents (31.6% Aspen, 31.6% Carbondale, 11.4% El Jebel, 7.6% Snowmass, 6.3% Glenwood Springs) ●Approximately 45% use lot “Occasionally” – these are individuals who are familiar with the facility and may be persuaded to use it more regularly. ●Primary identified issues with current facility: Safety, Lack of Desired Bus Connection, Lack of Restrooms, Disorganized / Dirty, People Camping. ●Light pollution is primary concern with proposed improvements. ●Most people who park at the lot: ○Take bus to Aspen for work or non-skiing activity ○Take bus to Snowmass for skiing ○Take bus for a special event ○Utilize outdoor recreation from lot (running, cycling, rafting, cross-country / skate skiing) ●Top ways to increase use: Advanced Warning of Congestion / Full Parking in Aspen and Snowmass, Permanent Flush Toilets, Increased Security, More Paved Parking. ●Carpool Kiosk ranked higher than expected in ways to increase use of lot. ●Summary of Written Comments: ○Many supportive and positive comments for restrooms and paved parking 06-17-19 TC Packet Page 192 of 242 192 ○ Concerns about both excessive lighting (light pollution) and not enough lighting (lack of safety) ○ Current lot is scary, messy, disorganized ○ Needs better maintenance, cleaning, and not allowing camping ○ Needs better wayfinding and information about special events ○ Support for e-bike charging and better bike trail connectivity through the lot and to the Rio Grande Trail. ○ Increased security with cameras and cameras that can be viewed by the public ○ Desire for more amenities at the Park-and-Ride (e.g. food trucks, coffee) ○ Desire for light rail station, having electric vehicles pay, rearrange 15-minute parking ○ Install solar facilities ○ Make the Park-and-Ride a destination for outdoor recreation (trail to river, connection to bike/hike trails) ○ Increase bus service headways and connections ○ Needs a place to stay warm in winter when waiting for bus ○ Increase messaging about up valley congestion and parking to drivers ○ Needs more paved parking that is striped and organized - Other Comments Received to Date (meeting with Brush Creek Metro District and Landowners Association, Woody Creek Caucus, W/J Homeowners Association, CMC Open House, and Email Correspondence): ● Brush Creek landowners do not want to become “Aspen’s parking lot”. ● Want facility to be kept clean with minimal security lighting. ● Install cameras and have security personal at the Lot. ● Install more defined walkways and fencing to guide people across the bus lane. ● Suggest moving bus station to middle of parking area so that parking surrounds the station. ● Lighting should be downcast and meet dark sky standards. Use low profile lighting, such as bollards. ● Control camping in all parking areas. Increase enforcement. ● Install a kiss and ride and/or 15-minute parking. ● Install bus turn around, pick up and drop off area within parking area to facilitate large events that require overflow bus transit. ● Install restrooms on existing bus platform for convenience of passengers and to allow for parking area as potential bus terminal expansion area. ● Maintain on road bike connection between existing paths, but incorporate more intuitive wayfinding. ● Do not install more lighting at Park-and-Ride. FLAP Funding Reallocation As a part of the budget approved in October 2018, the EOTC allocated $2 million dollars in matching funds for the FLAP grant improvements in 2020, making a total project budget of $3.9 million. As more 06-17-19 TC Packet Page 193 of 242 193 details of the administration of the grant have become clear, it is now understood that the FHWA will invoice the EOTC for the proportionate share of the costs as they are incurred. Since engineering and design began in 2019 the FHWA anticipates receiving invoices from Jacobs, the design and engineering consultant, beginning in the summer and fall of 2019 for their services. As a result, invoices from the FHWA to the EOTC are anticipated shortly. Currently, the matching funds for the FLAP grant improvements are allocated for 2020, not 2019. And as such, access to the matching funds is not anticipated to be available when the invoices are received from FHWA in 2019. It is expected that these invoices will total approximately $66,126.45 in 2019. To this end, Staff recommends reallocating a small percentage of the $2 million matching funds from 2020 to 2019 to allow staff to satisfy these invoices in a timely fashion. While the total estimated 2019 invoices are predicted to be $66,126.45, since the exact amount of the fall invoice is not yet known, staff recommends reallocating $70,000 from 2020 to 2019 to allow for some flexibility should the amounts be slightly higher than expected. (See Draft Budget with Amendment – Attachment 1) Any unspent money will be moved back to 2020 as a part of the next budget cycle. In addition, any funds expended during 2019 will be a part of the $2 million matching funds and will not add to the total EOTC liability for this project. Staff Recommendation: Reallocate $70,000 of FLAP Matching Funds from 2020 to 2019 ($41,126.45 invoice Summer 2019 + ~$25,000 invoice Fall 2019 + $3,873.55 contingency) Carpool Kiosk Relocation The relocation of the City of Aspen Carpool Kiosk from the Airport to Brush Creek Park-and-Ride was reviewed by the EOTC on October 18, 2018 and again at the March 21, 2019 meeting. The Kiosk relocation gained conditional approval from the Pitkin County Planning and Zoning Commission for a Location and Extent Review in February 2019. The location of the kiosk within the Park-and-Ride is allowable by the lease with CDOT and the IGA with Aspen, Pitkin County, and Snowmass. CDOT has also provided a letter of support for the relocation of the kiosk. While this project was originally anticipated as a part of the FLAP Grant improvements, this project was moved up and the Kiosk is now anticipated to be relocated in the summer of 2019. Staff foresees potential benefits having the Kiosk at the Park-and-Ride prior to the finalization of the planning for the FLAP grant improvements as it will allow an opportunity to review its impact and performance before finalizing the circulation improvements. Funding of the new kiosk and the relocation is to be the responsibility of the City of Aspen. The relocation is anticipated to: 1) Consolidate carpool and transit transportation options and, hopefully, encourage people who may have otherwise carpooled into town to take the bus instead; 2) Provide the carpool pass at a location where one or more cars can be parked for the day to simplify the carpool process for the user, thereby encouraging carpooling; and, 3) Reduce the amount of traffic merging into the bus lane from the airport to increase safety and efficiency of the bus system. 06-17-19 TC Packet Page 194 of 242 194 The Carpool Kiosk is anticipated to be relocated permanently to the Park-and-Ride, however the Kiosk would be initially placed on skids for minor modifications in the placement as planning for surrounding FLAP improvements are finalized. Aspen, Pitkin County, Snowmass, RFTA and EOTC staff have been working with the FLAP design team to determine the best circulation and location for the Kiosk within the reconfigured Park-and-Ride. Currently, Staff is recommending a location parallel to and just south of the Park-and-Ride access drive from Highway 82. It is Staff’s opinion that this location provides the most convenience to carpool pass users while creating the least amount of conflict with other vehicle, pedestrian, and bus operations. This said, Staff anticipates monitoring the usage and traffic flow into and out of the kiosk over the coming summer and fall seasons to determine the exact configuration for the final placement. Should it be determined after studying the placement and functioning of the Kiosk that another location or configuration should be considered, Staff will bring that to the EOTC for consideration at a later meeting if necessary. Restroom and Special Events / Info Booth Area: As noted previously, the EOTC decided on the “Mid-Station” location for the restroom facilities at the March 21, 2019 meeting. One of the benefits to this location is it offers options for a special events / information booth expansion area, if desired. As a result of Staff and design team conversations, several design features around the restroom area are worth noting at this point. 1. Special Events / Information Booth Area. As currently designed, the restrooms have an area to the south of the proposed restroom building (up valley) that can be used as a flexible event and/or information space. Currently, it is anticipated that the space can be used as a gathering, rest area, and meeting location on a typical day. The space can also be utilized during special events where an area is needed to disseminate information and / or conduct other event functions (e.g. registration area for a bike or running event). There are three general designs that have been discussed to date: open, covered, or partially enclosed (See Renderings – Attachment 2). For these three options, the Open concept is the least expensive and is currently within the Engineers Estimate of $3.9 million of the entire FLAP grant. Covering the space with a roof or partially enclosing the space would likely require additional contributions by the EOTC to make these improvements simultaneously with the FLAP grant construction. Currently, it is estimated that the Covered concept would cost an additional $600,000 while a partially enclosed concept would cost an additional $840,000. The space is to be designed so that it can be covered and/or partially enclosed at a later date as well. a. Open. The open design leaves the area open to the elements but also leaves the most flexibility for event specific configurations such as erecting tents. However, on typical days there would be no protection for users of the facility from the elements. Furnishing elements of the space (landscaping, picnic tables, benches, etc.) can be determined at a later date. This space can also be covered or enclosed later as a part of a phase II of the 06-17-19 TC Packet Page 195 of 242 195 facility. This design is anticipated to be the lowest cost option and should fit within the current funding levels for the FLAP grant. (See Renderings – Attachment 2) b.Covered. The covered design option would install a roof over the area that would provide some protection from rain, snow and sun while still maintaining a generous level of flexibility during special events, depending on furnishings. The protection provided by the roof would have benefits to the daily user of the facility. Furnishing elements of the space (landscaping, picnic tables, benches, etc.) can be determined at a later date. This space can also be fully or partially enclosed later as a part of a phase II of the facility. This design is anticipated to be the mid-cost option and could require additional funding outside of the FLAP grant. This additional funding is currently estimated at $600,000. (See Renderings – Attachment 2) c. Partially Enclosed. The partially enclosed design option would leave part of the area covered and enclose the rest to allow for flexible indoor space. This space is anticipated to be closed and locked on a typical day, but can then be open and utilized for events during inclement weather, as a potential future permanent information booth, and extend the season that the Park-and-Ride can comfortably be used for information dissemination and events. Heating of the space can also be an option. It is currently contemplated that such a space would have a garage door (or equivalent substitute) on one or both sides to allow it to be opened up for events during favorable weather or when appropriate for the circumstances. The enclosure can reduce certain types of flexibility of the area for special events, however. Furnishing elements of the space (landscaping, picnic tables, benches, etc.) can be determined at a later date. This space can also be enclosed later as a part of a phase II for the facility should that be desired. This design is anticipated to be the highest-cost option and would likely require additional funding outside of the FLAP grant. This additional construction funding is currently estimated at $840,000. Further, the ongoing operations costs for an enclosed facility would be higher than either the open or covered options. (See Renderings – Attachment 2) Staff Recommendation: Pursue the Open concept and monitor the use and interest in the area for possible future covering or partial enclosure. 2. Information Board Area. Through the main pedestrian way from the parking area to the bus platform, Staff is considering an information board area similar to that found at Rubey Park. This board area would include permanent information signs on RFTA bus routes, transportation options once in Aspen and Snowmass, a real time sign for the next busses arriving, upcoming event information, as well as surrounding trails and other recreation information available by foot, bike, or bus from the Park-and-Ride 3. Backup Restroom Option. For security and maintenance reasons, Staff is currently contemplating locking the permanent restrooms at a certain time of the evening and open them again in the morning. In addition, there will likely be times when the restrooms will be closed for maintenance or other reasons. During these times, Staff recommends maintaining several portable 06-17-19 TC Packet Page 196 of 242 196 toilets at the site to prevent other maintenance issues associated with a complete lack of facilities as well as always having facilities available for the convenience of the public. Staff and the design team is currently looking at placing these portable toilets in a screened area on the north side of the restroom building. The existing portable toilets located on the bus platform are to be removed in order to allow for possible future expansion of the RFTA platform for bus use. 4. In Pavement Snow Melt. Snow removal is a constant battle at facilities such as Brush Creek, including the nearby RFTA bus platform. Currently, RFTA operates an in pavement snow melt system on the bus platform. This snow melt system enhances the safety and usability of the facility and thereby encourages transit use. Several other snow melt systems are utilized at transit facilities throughout the valley including Rubey Park. To encourage the safe use of the new restroom platform and transit in general, staff is considering an in pavement snow melt system. There are several options for such a system, including natural gas heated glycol and electric. One of the main drawbacks to such a system is the large amount of energy consumption demanded and the costs to operate these systems. While staff is currently considering a natural gas powered glycol system, other options may be available such as geothermal, however this option would likely be significantly more expensive, outside the budget for the current FLAP grant, or not technically feasible. Based on RFTA’s experience with electric snow melt systems, this option is currently not recommended. Staff Recommendation: Install targeted in pavement snow melt system through high traffic corridors of the restroom platform (not the entire platform area) and crosswalks to the bus platform. 5. Solar Panels. With the construction of a new building, we have the opportunity to help offset a degree of carbon footprint through the installation of solar panels. While it is understood that the orientation of the new building does not lend itself ideally for solar generation, the wide open site does have solar generation potential. Such panels do have visual impacts to surrounding property owners, although these impacts are minimized when installed on a rooftop. The engineers estimate for rooftop solar on the restroom building only is $50,000 - $100,000 depending on the size of the array. This cost could increase the project total above the FLAP grant amount and may need to be funded by the EOTC, however a good portion of this expense could be recouped through local grants. (See Renderings – Attachment 2) Should the EOTC desire to increase the amount of solar generation above what can be achieved through a rooftop array, there are opportunities for 1-2 small tracking ground mounted clusters. It is likely that ground mounted clusters could have a higher initial cost that would be outside the scope of the FLAP grant. In addition, ground mounted clusters would likely have a higher visual impact than roof mounted panels. Staff Recommendation: Include rooftop mounted solar panels to capture as much energy as possible on the restroom building. Consider location, cost, and generation potential for 1-2 ground mounted tracking solar panel clusters. 06-17-19 TC Packet Page 197 of 242 197 6.Building Sustainability. While many components are tied with sustainability, including the level of transit the facility promotes and power generation, building design is also important. With the details still to be determined, staff has been working to make the building as energy efficient as possible. While it is understood that a LEED certification is admirable, it is also very expensive. As a result, a more cost effective approach may be to design and build the restroom building to LEED principles without obtaining LEED certification. Staff Recommendation: Design restroom building utilizing LEED principles. Egress Driveway Reconfiguration. There is currently an egress driveway on the north side of the Park- and-Ride that filters into the bus loop. This egress is only used during special events and connects in with the bus loop at a location that makes it very difficult to utilize without causing undo conflicts. Use of this driveway is currently only possible with traffic control. As a result, staff is considering relocating the exit point for this egress to a location closer to Highway 82 and out of the bus loop in order to minimize bus / vehicle conflicts. (See Site Plan – Attachment 2) Electric Vehicle (EV) Charging - Conduit Installation. The construction at the Park-and-Ride, particularly the paving, poses an opportunity to help futureproof the facility. While the EV fleet of vehicles is still small regionally, it is growing quickly and demand for charging is expected to increase. Responsiveness to these market demands at the Park-and-Ride can then encourage the use of transit while also encouraging the use of EV technology. As one of the largest costs for EV charger installation is running conduit under existing pavement for the electrical wires, there will be an opportunity to install conduit under the concrete and asphalt with this construction project at a greatly reduced cost do doing it later. By having the conduit in the ground at appropriate locations where EV chargers can be placed, the EOTC is in a better position to obtain grants and move on other funding sources quickly to get chargers put in place as demand materializes. Based on conversations with experts in the field at CLEER and Holy Cross Energy, there are expectations that electric fleet, taxis and other rideshare vehicles will come on the scene within the next few years in addition to private vehicles. Consequently, there is a growing trend to place electric conduit in the back portion of Park-and-Ride lots to accommodate these vehicles without having them located within the prime spots near the main facility. Therefore, staff is considering placing conduit in the back portions of the newly paved area to accommodate these charging needs should they arise. Staff has also been consulting with Holy Cross Energy and RFTA regarding the need for en route bus charging. Battery electric buses will be arriving in Aspen in the fall of 2019. In response to this need, the electrical transformer is anticipated to be upgraded to 480 volts and 3 phase. This will allow for both en route bus charging and level 3 (fast) EV chargers within certain areas of the parking area if desired. 06-17-19 TC Packet Page 198 of 242 198 It is worth noting that while conduit is looking to be installed to accommodate future EV chargers along with this construction project, no EV chargers are currently in the budget or anticipated to be installed immediately. With the conduit, however, Staff will be in a position to obtain grants to install chargers as demand necessitates. It is understood that grants for EV chargers have about a 6-month lead time. As a result, Staff anticipates moving on an appropriate number of new EV chargers within 6 months of completion of the project. All parking spaces will be for general use until / if an EV charger is installed at that location. Security. Security is the primary issue that has come up throughout public comment to date. There are several components to security including lighting, active monitoring, and passive systems. 1. Lighting. Through the public review conducted to date, it is clear there are a range of opinions on lighting mostly based on how the individual interacts with the facility and the surrounding area. There appear to be a notable number of facility users today that have safety concerns when they use the parking area at night and would like to see additional lighting. Meanwhile there is also a number of individuals who value the dark sky and rural character (particularly those who live in the surrounding area of Brush Creek, Woody Creek, and W/J). Further, the EOTC has a charge to encourage the use of public mass transportation. Balancing these seemingly competing demands is the objective that staff is working to achieve when it comes to lighting and security. While full lighting details are not yet available, staff is working to identify this sweet spot where lighting is the minimum amount for people to feel safe using the Park-and-Ride at night. There are some technologies available that can help, including motion detection and light dimming. LEDs have also progressed over the years so the color of the light can be more yellow and warm which can have less impact. As is required by County Code, all lighting must be Dark Sky Compliant, downward facing, and fully shielded. The EOTC will have the opportunity to review more detailed lighting plans as these design details develop. 2. Active Monitoring. Active monitoring includes cameras and even human security located onsite. Cameras are currently in use by RFTA on the bus platform. The use of cameras and monitoring technology has installation and ongoing costs that may fall outside the funds available through the FLAP grant. The use of human security certainly has a high ongoing cost and falls outside the FLAP grant funds. It is Staff’s position to date that the use of cameras should be examined along with merging any cameras into the system utilized by RFTA in order to increase operational efficiency. Meanwhile, human security should be examined once experience with the new facility is obtained and it can be determined whether a need for this level of security exists. Staff Recommendation: Consider the use of cameras throughout the restroom platform and look into the feasibility of connecting that system into RFTA’s existing network. 06-17-19 TC Packet Page 199 of 242 199 3.Passive Systems. A passive security system is the use of emergency call boxes throughout the parking area and restroom platform. These call boxes automatically phone or message the Sheriff’s Office if activated. This type of call box is common on university campuses and parking garages. While the function of such boxes needs to be examined particularly with its interface to the Sheriff’s Office, it is Staff’s position that call boxes along with some low level security lighting in the parking area and cameras around the restroom facility offer a potentially much higher sense of security to users of the lot than currently exists. Staff Recommendation: Consider the use of call boxes throughout the parking area and restroom facility and examine the feasibility to tie these boxes into the County Sheriff’s Office. Landscaping and Irrigation. Landscaping and irrigation plans have not yet been developed, but will be available to the EOTC later in the design review process. Generally, staff is looking into maintaining as much existing landscaping and trees as possible to help ease visual impacts from the start. In addition, the design team is looking into adding landscaping along the back east edge to help soften visual impacts to residents across the Roaring Fork River. There are some Holy Cross easements that cannot be planted in this area and the design team in continuing to examine possibilities. Bike Path Connection. The Park-and-Ride currently is a trailhead for both the Sky Mountain Trails and the Aspen Mass Trail (to the Rio Grande Trail). Connecting the bike paths with a more intuitive route came up within the survey and other public input. Connecting the bike paths strategically can also allow the restrooms and flexible space area to be utilized as a bike rest area as well as encourage the transition between bikes and busses. As a result, the plans currently contemplate connecting the bike trails with a new bike path that runs between the transit area and the restrooms / flex space. Since this connection should work well for those beginning a trip, ending a trip, transitioning between a bike and bus, or if the biker is utilizing the restroom area, it could also be more congested with pedestrians and bikers dismounting for those passing through. As a result, staff is also looking to have sharrows through the parking area with appropriate signage and trail stubs to provide an intuitive route for those passing through to avoid this potentially more congested area. (See Site Plan – Attachment 2) While a more direct connection from the Brush Creek Park-and-Ride to the Rio Grande Trail also come up in public comments, this is another large project that needs to be tackled separately. Staff has been cognizant of this need and the efforts by Pitkin County and the City of Aspen to address this connection. Through the design process, Staff is working to not adversely impact this potential future connection as a result of the FLAP improvements. 06-17-19 TC Packet Page 200 of 242 200 BUDGETARY IMPACT: ● FLAP Grant - Matching Funds Budgeted by EOTC ○ Reallocate $70,000 of FLAP Matching Funds from 2020 to 2019 ($41,126.45 invoice Summer 2019 + ~$25,000 invoice Fall 2019 + $3,873.55 contingency) ● Carpool Kiosk - None (funded by City of Aspen) RECOMMENDED EOTC ACTION: ● Funding Reallocation. ○ Staff Recommendation: Reallocate $70,000 of FLAP Matching Funds from 2020 to 2019 ($41,126.45 invoice Summer 2019 + ~$25,000 invoice Fall 2019 + $3,873.55 contingency) ● Special Events / Info Booth Area. ○ Staff Recommendation: Pursue the Open concept and monitor the use and interest in the area for possible future covering or partial enclosure. ● Snow Melt. ○ Staff Recommendation: Install in pavement snow melt system through high traffic corridors of the restroom platform (not the entire area) and crosswalks to bus platform. ● Solar Panels. ○ Staff Recommendation: Include rooftop mounted solar panels to capture as much energy as possible on the restroom building. Consider location, cost, and generation potential for 1-2 ground mounted tracking solar panel clusters. ● Sustainability. ○ Staff Recommendation: Design restroom building utilizing LEED principles. ● Security. ○ Staff Recommendation: ■ Consider the use of cameras throughout the restroom platform and look into the feasibility of connecting that system into RFTA’s existing network. ■ Consider the use of call boxes throughout the parking area and restroom facility and the feasibility to tie these boxes into the County Sheriff’s Office. ATTACHMENTS: 1) EOTC Budget - Reallocation of $70,000 in FLAP Matching Funds from 2020 to 2019 2) Site Plans and Renderings 3) Public Opinion Survey Results Summary 06-17-19 TC Packet Page 201 of 242 201 EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 FUNDING SOURCES: a)Pitkin County 1/2% sales tax 5,357,764 5,626,000 5,851,000 6,041,000 6,237,000 6,440,000 6,649,000 less RFTA contribution (81.04% of 1/2% sales tax)4,341,932 4,559,310 4,741,650 4,895,626 5,054,465 5,218,976 5,388,350 net 1/2% sales tax funding to EOTC 1,015,832 1,066,690 1,109,350 1,145,374 1,182,535 1,221,024 1,260,650 b)Pitkin County 1/2% use tax 1,623,082 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 c)Investment income & misc.89,000 124,000 187,000 225,000 243,000 317,000 189,000 Total Funding Sources 2,727,914 2,590,690 2,696,350 2,770,374 2,825,535 2,938,024 2,849,650 FUNDING USES: Ongoing / Operational 1)Use tax collection costs 23,329 42,614 93,280 96,078 98,961 101,930 104,987 2)Administrative cost allocation & meeting costs 15,104 22,710 24,810 25,554 26,321 27,111 27,924 3)Country Inn taxi program in-lieu of bus stop safety improvements 2,494 6,000 4,000 4,000 4,000 4,000 4,000 4)X-Games transit subsidy 115,000 115,000 115,000 115,000 115,000 115,000 115,000 5)Brush Creek Park and Ride operating costs 29,950 35,000 32,000 33,000 34,000 35,000 36,000 6)No-fare Aspen-Snowmass-Woody Creek bus service - year-round 615,726 650,556 662,158 799,610 838,888 872,400 907,300 7)WE-cycle operational support 100,000 100,000 100,000 8)Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Sav)294,000 419,587 9)Regional Transportation Administrator 160,000 141,076 146,700 152,600 158,700 165,000 sub-total Ongoing / Operational 901,602 1,425,880 1,591,911 1,219,943 1,269,770 1,314,140 1,360,211 net funding available for projects 1,826,312 1,164,810 1,104,439 1,550,431 1,555,765 1,623,884 1,489,439 Projects 10)Grand Ave Bridge construction - transit mitigation funding 335,000 Projects funded from Savings for greater Aspen Area 11)Upper Valley Mobility Study 276,044 12)Cell phone transportation data collection 70,000 13) Buttermilk/SH82 Pedestrian Crossing Analysis 40,000 14)Battery Electric Bus Program carry over to 2019 500,000 15) Variable message sign on Hwy 82 consolidate in 2019 450,000 16)Snowmass Mall transit station (funded from Snowmass Village Savings Fund) 50,000 350,000 5,878,787 17)EOTC retreat 10,000 18)Brush Creek Park and Ride improvements (FLAP grant) (EOTC approved 10/20/16)70,000 3,830,000 less Federal Lands Access Program (FLAP) grant (1,900,000) Total Uses 1,582,646 1,515,880 2,971,911 3,149,943 1,269,770 7,192,927 1,360,211 EOTC ANNUAL SURPLUS/(DEFICIT)1,145,269 1,074,810 (275,561) (379,569) 1,555,765 (4,254,903) 1,489,439 EOTC CUMULATIVE SURPLUS FUND BALANCE 8,583,356 9,658,166 9,382,605 9,003,036 10,558,801 6,303,898 7,793,337 06-17-19 TC Packet Page 202 of 242 202 a)sales tax 4.9%5.0%4.00%3.25%3.25%3.25%3.25% b)use tax 12.8%-13.7%0.0%0.0%0.0%0.0%0.0% c)investment earnings rate 1.0%1.5%1.9%2.4%2.7%3.0%3.0% Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 DISTRIBUTION OF ANNUAL SURPLUS (excludes projects funded from savings funds)1,491,312 1,271,810 284,233 (379,569) 1,555,765 1,623,883.87 1,489,439 25% to Snowmass Village Savings until restored to maximum 372,828 274,022 71,058 (94,892) 233,628 - - remainder to Aspen Savings 1,118,484 997,788 213,174 (284,677) 1,322,138 1,623,884 1,489,439 Savings Fund for greater Snowmass Village Area Savings Fund maximum 6,278,787 6,228,787 5,878,787 5,878,787 5,878,787 - - share of annual surplus/deficit 372,828 274,022 71,058 (94,892) 233,628 - - less 50% of Brush Creek BRT connecting service (147,000) (209,794) less Snowmass mall transit station - reduces savings fund maximum (50,000) (350,000) - - (5,878,787) - Savings Fund for greater Snowmass Village Area 6,151,765 6,228,787 5,740,052 5,645,159 5,878,787 - - Savings Fund for greater Aspen Area share of annual surplus/deficit 1,118,484 997,788 213,174 (284,677) 1,322,138 1,623,884 1,489,439 less Upper Valley Mobility Study and cell phone data funded from Aspen Savings (346,044) Savings Fund for greater Aspen Area 2,431,590 3,429,379 3,642,553 3,357,877 4,680,014 6,303,898 7,793,337 Revenue projections: 06-17-19 TC Packet Page 203 of 242 203 06-17-19 TC Packet Page 204 of 242 204 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X6 FOR REFERENCE - EXTERIOR RENDERING 06-17-19 TC Packet Page 205 of 242 205 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X7 FOR REFERENCE - EXTERIOR RENDERING 06-17-19 TC Packet Page 206 of 242 206 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X8 FOR REFERENCE - EXTERIOR RENDERING 06-17-19 TC Packet Page 207 of 242 207 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X9 FOR REFERENCE - INTERIOR RENDERING 06-17-19 TC Packet Page 208 of 242 208 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X10 FOR REFERENCE - FUTURE SPECIAL EVENTS - OPEN 06-17-19 TC Packet Page 209 of 242 209 STATE CO PROJECT FLAP PIT 82(1) SHEET U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL FEDERAL LANDS HIGHWAY DIVISION X11 FOR REFERENCE - FUTURE SPECIAL EVENTS - ENCLOSED 06-17-19 TC Packet Page 210 of 242 210 1 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey June 5, 2019, 10:32 AM Contents i. Summary of responses 2 06-17-19 TC Packet Page 211 of 242 211 Summary Of Responses As of June 5, 2019, 10:32 AM, this forum had: Topic Start Topic End Attendees:129 March 13, 2019, 12:31 PM May 22, 2019, 9:37 AM Responses:80 Hours of Public Comment:4.0 QUESTION 1 Where is your primary residence (pick one)? % Count Aspen 31.6% 25 Snowmass 7.6%6 Basalt / El Jebel 11.4%9 Carbondale / Missouri Heights 31.6% 25 Glenwood Springs 6.3%5 Other 11.4%9 QUESTION 2 Have you utilized Brush Creek Park and Ride for any reason in the past year? % Count Yes 98.7% 78 No 1.3%1 2 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey What Characteristics are Important at the Brush Creek Park and Ride with the Development of New Restrooms and Paved Parking? 06-17-19 TC Packet Page 212 of 242 212 QUESTION 3 If you have utilized Brush Creek Park and Ride in the past year, how many days per week do you use it on average (pick one)? % Count 1 - 2 Days per Week 25.6% 20 2 - 5 Days per Week 12.8% 10 5 - 7 Days per Week 7.7%6 Special Events Only 7.7%6 Occasionally 46.2% 36 QUESTION 4 If you have NOT utilized Brush Creek Park and Ride for any reason in the past year, why not? Answered 5 Skipped 75 QUESTION 5 How do you use the Brush Creek Park and Ride (pick all that apply)? % Count Pass-through Transit (stay on bus through Park and Ride) 59.5% 47 Transfer point for Transit (Change bus at Park and Ride) 44.3% 35 Carpool to Work 16.5% 13 Carpool for Skiing or other Outdoor Activities 30.4% 24 Park and get on bus to Aspen for skiing 20.3% 16 3 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey What Characteristics are Important at the Brush Creek Park and Ride with the Development of New Restrooms and Paved Parking? 06-17-19 TC Packet Page 213 of 242 213 % Count Park and get on bus to Aspen for work or other non-skiing activity 43.0% 34 Park and get on bus to Snowmass for skiing 40.5% 32 Park and get on bus to Snowmass for work or other non-skiing activity 26.6% 21 Park for Outdoor Activities (running, cycling, rafting, cross-country / skate skiing, etc.) 39.2% 31 Use as Meetup Location 38.0% 30 Utilize Restrooms 10.1%8 Charge Electric Vehicle 3.8%3 Park for Special Events in Aspen or Snowmass 41.8% 33 Not for any reason 1.3%1 Other 2.5%2 QUESTION 6 If you park your vehicle at Brush Creek Park and Ride, how long do you typically leave your vehicle parked in the lot? % Count Less than 1 hour 4.2%3 1 to 3 hours 8.5%6 3 to 8 hours 43.7% 31 8 to 12 hours 38.0% 27 12 to 24 hours 4.2%3 4 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey What Characteristics are Important at the Brush Creek Park and Ride with the Development of New Restrooms and Paved Parking? 06-17-19 TC Packet Page 214 of 242 214 % Count Over 24 hours 1.4%1 QUESTION 7 What could encourage you to begin using or increase your use of the Brush Creek Park and Ride to Carpool, use Transit, or Bicycle to your final destination? % Count Permanent flush restroom facilities 49.4% 38 More paved parking 33.8% 26 Increased security 33.8% 26 Carpool Kiosk located in Lot for City of Aspen 22.1%17 Advanced warning that parking in Aspen or Snowmass is full 39.0% 30 More or faster electric vehicle charging stations 13.0% 10 Advanced warning of congestion into Aspen and/or Snowmass 51.9% 40 Nothing 5.2%4 Other 32.5% 25 QUESTION 8 The site plan and description above illustrates the layout and features currently being considered with the Park and Ride improvements. Please provide your thoughts and comments. Answered 42 Skipped 38 5 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey What Characteristics are Important at the Brush Creek Park and Ride with the Development of New Restrooms and Paved Parking? 06-17-19 TC Packet Page 215 of 242 215 QUESTION 9 Optional - What is your overall opinion of the Brush Creek Park and Ride how it exists today and why? Answered 46 Skipped 34 6 | www.pitkincountyconnect.com/7172 Created with OpenGov | June 5, 2019, 10:32 AM Brush Creek Park and Ride Use and Development Survey What Characteristics are Important at the Brush Creek Park and Ride with the Development of New Restrooms and Paved Parking? 06-17-19 TC Packet Page 216 of 242 216 AGENDA ITEM SUMMARY EOTC MEETING DATE: June 20, 2019 AGENDA ITEM TITLE: Dynamic Message Sign (DMS) STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator ISSUE STATEMENT: This memo is intended to update the EOTC on the current progress of the DMS and obtain direction on the sign’s location. BACKGROUND: The purpose of the proposed DMS is to convey messages to drivers related to parking, congestion, bus and vehicle travel times, and emergency situations. The goal is to encourage drivers to utilize the Brush Creek Park and Ride to either carpool or utilize the free bus to either Snowmass or Aspen. At the March 21, 2019 meeting, the EOTC gave direction to staff: 1. Pursue a “butterfly” design. 2.Standardize the name to Brush Creek Park and Ride. 3. Reallocate $400,000 for construction from 2020 to 2019 in order to allow the project to move ahead as soon as possible. 4.Go back to each jurisdiction with the following information to make a decision on whether an 18 or 26-foot wide sign is appropriate: a.Visualizations of both the 18-foot and 26-foot butterfly design sign. b.Full list of messages to show how the messages are impacted by an 18-foot sign vs. a 26- foot sign. At the meetings with each jurisdiction, there was an agreement to pursue the 8-foot high by 18-foot wide butterfly sign. However, there was some concern raised over the proposed location for the sign that has required Staff to come back to the full EOTC on June 20 for direction. While the memo, presentation and discussions at the March 21 EOTC meeting provided reasons for the proposed location of the sign, it did not discuss alternative options as it was Staff’s opinion that functionally comparable location options are not available. This memo is intended to provide the EOTC with information regarding the proposed location for the sign and a more thorough discussion for the Staff proposal. As a result, Staff is looking for direction from the EOTC on the preferred location. While the memo from the March 21 EOTC meeting discussed the design options, name options, size, and funding, this memo is to be focussed on the location question at hand. 06-17-19 TC Packet Page 217 of 242 217 At the March 21 EOTC meeting, Staff provided the following reasons for the DMS location approximately one mile downvalley of the Brush Creek Park and Ride: ○This distance allows for adequate time for drivers to make a decision whether to utilize the Park and Ride. ○This location reduces impact on adjacent property owners. ○It allows for adequate site distance for drivers coming upvalley to read the sign. ○This location maintains a workable distance from Juniper Hill and Smith Way intersection to avoid operational conflict. It is worth noting that any location will have visual impacts and the reduction of these impacts was the primary reason for the decision to utilize the “butterfly” vs. “cantilever” design. All locations are proposed to be within the Highway 82 right of way and as a result will require a permit from CDOT to approve the final design, location, and messages. Staff has vetted the recommended location approximately one mile downvalley from the Brush Creek Park and Ride with CDOT who has not raised any safety concerns to date. Staff has identified two alternative locations that provide the required sight distance for both visibility and legibility to the sign. The first is approximately 1.0- mile from the Brush Creek Road intersection (Staff proposed location) and the second is approximately 2.2-miles from the intersection. There do not appear to be feasible options for the location of the sign between 1.0 and 2.2-miles from Brush Creek that provide the required sight distances to read the sign. Placing the sign closer than 1.0- mile presents significant safety concerns and a notable drop in operational effectiveness. Meanwhile, extending the distance from the intersection to 2.2-miles does not present additional safety concerns, however it is expected to result in a significant loss in effectiveness. Based on these considerations, Staff recommends that the EOTC approve the location approximately 1.0- mile downvalley from the Brush Creek Park and Ride. BUDGETARY IMPACT: The EOTC has allocated $450,000 to design and construct the DMS. RECOMMENDED EOTC ACTION: ●Location - 1 mile or 2.2 miles down valley from the Brush Creek Park and Ride. ○Staff Recommendation: Approximately 1 mile downvalley from the Brush Creek Park and Ride. ATTACHMENTS: 1) Memo from Chris Baroody, Pitkin County Project Engineer 06-17-19 TC Packet Page 218 of 242 218 Contract # 142.2019 Budget Line Item # 127.7095790.82000 SH82 Dynamic Message Sign Memorandum SH82 DMS Site Selection May 21, 2019 Page 1 of 5 MEMORANDUM Project: Pitkin County SH82 Dynamic Message Sign To: David Pesnichak, AICP Regional Transportation Administrator Pitkin County – Elected Officials Transportation Committee (EOTC) 530 East Main St., Suite 205 Aspen, CO 81611 From: Chris Baroody, PE Pitkin County Project Engineer Date: May 21, 2019 Subject: SH82 DMS Site Selection Pitkin County Public Works has been tasked by the Elected Official Transportation Committee (EOTC); whose members include Pitkin County, City of Aspen and the Town of Snowmass Village, to provide engineering design services and construction delivery of a new Dynamic Message Sign (DMS) on SH82. The DMS sign is to be located on the east bound lanes of SH82 and is to provide messaging to motorist traveling to the City of Aspen, Town of Snowmass Village and locations within Pitkin County, including the Aspen-Pitkin County Airport, Maroon Bells, Independence Pass and ski resorts. Messaging at the DMS will include travel alerts, information on events, driving conditions, congestion and available parking within each jurisdiction. The DMS is to be located west of the intersection of Brush Creek Road to provide messaging that serves each of the EOTC members. This will allow the DMS to advise and direct travelers to use commuter parking and mass transit available from the Brush Creek Park-n-Ride. The DMS will be located within the CDOT Right of Way and will require coordination and approval of CDOT for the location, size, messaging and construction of the DMS. Installation of the DMS will require a CDOT Special Use Permit to be issued upon review and approval of final construction plans for the DMS. Maintenance of the DMS will be the responsibility of the EOTC. The estimated construction cost for the DMS is $546,000. This cost includes installation of a travel time monitoring system that will compute travel times for both buses and cars into the City of Aspen and Town of Snowmass Village. These travel times will be displayed at the DMS to advise travelers to use the Brush Creek Park-n-Ride. The project is anticipated to provide benefits to several stakeholders. The stakeholders and benefits of the project are presented in Table 1. Table 1: SH82 DMS Project Stakeholders Stakeholder Benefits SH82 Travelers Travel alerts Reduction in travel delays Parking and commuter information City of Aspen Reduction in traffic congestion in downtown area Available parking notifications Event management 06-17-19 TC Packet Page 219 of 242 219 Contract # 142.2019 Budget Line Item # 127.7095790.82000 SH82 Dynamic Message Sign Memorandum SH82 DMS Site Selection May 21, 2019 Page 2 of 5 Town of Snowmass Village Reduction in traffic congestion in downtown area Available parking notifications Event management Pitkin County Construction notifications Emergency notifications Reduction in traffic on County Roads RFTA Increased ridership from Brush Creek Park-n-Ride Information to RFTA Bus System riders CDOT Reduction of congestion on SH82 Enforcement of HOV-2 Over-length Vehicle enforcement on Independence Pass Notification of Independence Pass closure Preliminary scoping for the location of the DMS was performed by the EOTC staff, during which two locations for the DMS where identified that provided suitable sight distance on straight tangent sections of SH82 and visibility of the sign. The first of these two is the currently proposed location approximately 5500-feet north of the intersection of SH82 and Brush Creek Road. The second location is an additional mile north of the intersection near the intersection of Wildcat Ranch Road. Appendix 1 “Alternate Site Study Location Map” displays the two locations for the DMS considered by the EOTC. The EOTC staff determined the first location as preferred due to the proximity to the proposed Park-n-Ride. The location closest to the Brush Creek Road is in a more developed area and closer to the decision points where information to travelers will be most needed and expected. It is the opinion of the EOTC staff that the second alternative is too remote from Brush Creek Road to provide effective messaging. Alternate locations between one and two miles from Brush Creek Road where not considered due to the limitations of sight distance. Appendix 2 and 3 present visualizations of the proposed DMS at the preferred and alternate locations (Locations 1 and 2). An evaluation of the preferred location was made to verify the location met the current criteria for the location of a DMS. These criteria are outlined in the following: 1.CDOT Guidelines on Variable Message Signs, CDOT, October 2017 2.Manual on Uniform Traffic Control Devices, FHWA, May 2012 3.CDOT M&S Standards, CDOT, 2012 4.Roadside Design Guide (4th Edition), AASHTO, October 2011 EOTC staff has moved forward with preliminary design and plans for installation of the DMS at the preferred location for the following: Preliminary design to coordinate survey and geotechnical investigation of the preferred site. Concurrence for location of the DMS with CDOT Region 3 Traffic to move forward with final design and construction plans for the DMS. Coordination with utilities to provide power and communication to the DMS Identify impacts to utilities and roadway infrastructure. Coordination with potential DMS vendors to determine dimension of proposed sign to display messaging required by the EOTC. Evaluation of alternative Butterfly or Cantilevered support structure to display the DMS. Preparation of plans, specifications and estimate for bidding. During the March 21, 2019 meeting with EOTC, staff recommended installation of a 26-foot wide by 8-foot high DMS on a roadside butterfly structure at the preferred site. Staff also requested approval from the Board to move ahead with construction of the project in 2019 by moving budget from fiscal year 2020 to 2019. The Board approved moving the budget and construction in 2019 and installation of the DMS on a butterfly structure; however, the board had concerns about the size of the proposed 26-foot sign. 06-17-19 TC Packet Page 220 of 242 220 Contract # 142.2019 Budget Line Item # 127.7095790.82000 SH82 Dynamic Message Sign Memorandum SH82 DMS Site Selection May 21, 2019 Page 3 of 5 The EOTC Board directed that visualizations and proposed messaging on alternate DMS sizes would be presented to each individual Board of the EOTC for consideration. The size of the alternate DMS sizes included an 18-foot wide or 26-foot wide DMS with both widths being 8-feet high. In the follow up meetings with the Pitkin County Board of County Commissioners, City of Aspen Council, and Town of Snowmass Council, there was agreement to move forward with an 18-foot wide instead of a 26-foot wide sign. The City of Aspen raised the following questions with regard to the proposed location of the DMS. The questions and response to these questions or concerns are provided. 1)How was the current location decided? Can the DMS be installed elsewhere on SH82 so as not to be located adjacent to the existing City of Aspen Cozy Point Open Space? The proposed DMS is expected to act primarily as a guide sign to the improved Brush Creek Park-n-Ride and provide notifications of events and available parking in the City of Aspen and Town of Snowmass Village. There is no direction on how far a guide sign should be to the referred destination but 1.0-mile is standard for a static sign. (i.e. REST AREA 1 MILE AHEAD). The proposed location of the DMS will provide a 1.0-mile distance to Brush Creek Road. The proposed location also provides both the minimum visibility and legibility Line-Of-Sight (LOS) along a straight tangent of roadway. The visibility Line-Of-Sight (LOS) at Location 1 is initiated at a sag curve of the profile giving the traveler better visibility of the sign as opposed to Location 2. The sign itself will be located on a clear open and flat area with few obstructions allowing for better visibility. The sign will be located within a more developed area where there are more queues to drivers of expected decision points and guidance will be needed. Appendix 4 and 5 present the plan and profile of each location’s LOS. The proposed DMS will be a roadside obstruction and will require installation of approximately 200-feet of guardrail and end treatment to protect the sign and errant vehicles. The exact DMS location was selected to allow installation of the guardrail and maintain the existing field entrance to the adjacent parcel. The flat open terrain of the proposed DMS location will allow easier access for maintenance and inspections. 2)The proposed DMS is to be located very close to the intersection of SH82 with Smith Way. There is a dangerous situation where traffic making a left turn from SH82 onto Smith Way must slow down within SH82 to weave around traffic making a left turn onto Wood Road or traffic making a left turn from Smith Way onto SH82. The DMS will distract drivers from vehicles making the left turns and merging onto SH82. The location of the proposed DMS within the vicinity of the Smith Way and Woods Road intersections and the condition noted above was evaluated when considering the location of the DMS. The evaluation included mapping the location of the DMS within the intersections and measuring the available Stopping Sight Distance (SSD) to the critical locations at the intersections. The posted speed on SH82 at the location of the DMS and Smith Way is 55 mph. Per the CDOT State Highway Access Code, the design and minimum SSD are provided in the following Table 1. Given the grade of SH82 of less than 3.0%, no grade adjustment is applied; however, the uphill condition on SH82 will reduce the SSD. Table 2: Required Stopping Sight Distance Posted Speed 55 mph 65 mph Sight Distance (Minimum) 450-ft 550-ft Sight Distance (Design) 550-ft 725-ft 06-17-19 TC Packet Page 221 of 242 221 Contract # 142.2019 Budget Line Item # 127.7095790.82000 SH82 Dynamic Message Sign Memorandum SH82 DMS Site Selection May 21, 2019 Page 4 of 5 A combined length of 600-feet of the taper and decel lane into Woods Road is expected to allow vehicles to make left turns with minimum impact to traffic on SH82 and traffic volumes making a left turn are expected to be minimal to cause traffic to overflow into SH82. Therefore, providing any SSD to the intersection of Woods Road is not expected to be required. The decel and storage lane for the left-turn into Smith Way is approximately 890-feet beyond the legibility cone of the proposed DMS. This distance is in excess of the 500-feet of length required for vehicles with drivers who may be distracted by the DMS to stop in order to avoid collision with vehicles that have overflowed into SH82. The attached Appendix 6 “DMS Location Study” presents the mapping of the available SSD to the Smith Way and Woods Road intersections. 3)Can the proposed DMS be installed either within or east of the intersection of Smith Way and closer to the intersection of Brush Creek Road? No, for the following reasons: The intersection of Smith Way is located at the crest of a vertical curve. Placing the DMS beyond this curve does not provide the required visibility LOS along the vertical profile of SH82. The alignment of SH82 shifts to widen the median to accommodate the intersection. Within this median there are several trees that obscure the visibility of the DMS. Within the intersection there are both accel and decel lanes for vehicles making right turns to and from Buddy Road. There is also a RFTA Bus Stop adjacent to the accel lane for the right from Buddy Road. The DMS would need to be located at an excessive offset from the roadside to be legible to travelers on SH82. Operationally, locating the DMS within the intersection is not preferred due to the potential of the sign to distract drivers on SH82 from cars merging onto the SH82 from Smith Way or Buddy Road. Locating the sign east of the intersection would be too close to Brush Creek Park-n-Ride to provide travelers on SH82 the time to respond to messaging provided by the DMS and use the parking and mass transit provide by the Park n Ride. The following points are provided when considering installation of the DMS at either the currently proposed location of the DMS (Location 1) or the alternate location beyond the limits of the Cozy Point Opens Space (Location 2). 1.Location 1 is in a more "developed" area where new infrastructure is expected to be more accepted. 2.Location 1 provides messaging closer to decision points where guidance will be needed. 3.DMS should be placed on flat grades, both locations are on grades but location 2 is slightly steeper at 2.9% versus 2.2% at location 1. 4.Possible impacts to resident's experience of Wildcat Ranch entrance from Highway 82. 5.There are several existing signs between the alternate DMS location and the intersection of Wildcat Ranch on the shoulder of SH82. These signs are expected to obstruct or distract from the proposed messaging provided by DMS and may need to be moved to provide legibility of the DMS. 6.Visibility of the DMS at locations 2 will begin on SH82 just before the intersection of Wildcat Ranch Road and legibility and reading of the DMS sign will begin just after the intersection. The DMS may distract drivers on SH82 from drivers making left and right turns into and from Wildcat Ranch Road. 7.There is some evidence to suggest that a DMS may act to calm traffic. Active and relevant messaging that provide motorists with information about events, driving 06-17-19 TC Packet Page 222 of 242 222 Contract # 142.2019 Budget Line Item # 127.7095790.82000 SH82 Dynamic Message Sign Memorandum SH82 DMS Site Selection May 21, 2019 Page 5 of 5 conditions or alerts may induce traffic to reduce speed within the legibility zone on SH82 in order to read the sign. This potential reduction in speed 1000-feet before the intersection of Smith Way may act as a safety improvement to the traffic conditions at Smith Way previously discussed. 8.One large CDOT Wildlife Warning sign located in front of the DMS at Location 2 may need to be relocated. It is noted that SH82 is located within a CDOT posted wildlife zone from Location 2 to the airport. Use of Brush Creek as the corridor for elk migration may contribute to collisions on SH82 with elk at the intersection of Brush Creek Road. Location 1 may be able to provide immediate alerts of migrating elk within the vicinity of elk herds crossing the high way. 9.At Location 2, the DMS would be placed on steep sideslopes of SH82. Access to the sign for maintenance and inspections may be difficult on this slope. These sideslopes; with vegetation in front of the DMS, may obstruct portions of the sign and require the sign to be placed on a taller roadside support structure. Figure 1: Steep Sideslopes at Location 2 10.A cellular modem may be the preferred method to communicate to the DMS. A cellular modem will require a service plan and monthly cost to operate the DMS; however, the DMS are susceptible to lightning strikes that short regular ground communications. Location 1 provides better or acceptable cellular reception than Location 2. Please review the above information and provide any comments or questions. We may provide any additional information that may be useful in understanding the selection of the site for the DMS and its proposed configuration. Sincerely, Chris Baroody, P.E. Pitkin County Project Engineer cc: Project File 06-17-19 TC Packet Page 223 of 242 223 SH82BUDDY ROAD TO TOWNOF BASALT (10 .0 -M ILES )TO PITKINAIRPORT(2.5-MILES)TO TOWN OFSNOWMASS(2.6-MILES)BRUSH CREEK ROADINTERCEPT LOTSMITH WAYRIO GRANDE RIVERUPPER R IVER ROADWOODS ROADWILDCAT ROAD06-17-19 TC PacketPage 224 of 242224 06-17-19 TC PacketPage 225 of 242225 06-17-19 TC PacketPage 226 of 242226 SH82BRUSH CREEK ROADINTERCEPT LOTBUDDY ROADSMITH WAYRIO GRANDE RIVERUPPER R IVER ROADTO TOWNOF BASALT(11.0-MILES)TO PITKINAIRPORT(2.5-MILES)TO TOWN OFSNOWMASS(2.6-MILES)WOODS ROADBID PLANS04/10/19Know what's below.R Call before you dig.06-17-19 TC PacketPage 227 of 242227 CITY OF ASPENCOZY POINT PARCELCOUGARCANYON PUDWILDCATRANCHWILDCAT ROADKnow what's below.RCall before you dig.06-17-19 TC PacketPage 228 of 242228 BUDDY ROADSMITH WAYWOODS ROADSH82 WESTBOUNDBID PLANS04/10/19Know what's below.RCall before you dig.THE POSTED SPEED LIMIT ON SH82 EAST BOUND WITHIN THE LOCATION OF THE PROPOSED DMS AND THEINTERSECTIONS OF WOODS ROAD AND SMITH WAY IS 55 MPH. REQUIRED STOPPING SIGHT DISTANCE (SSD) ARETHE FOLLOWING:55 MPH65 MPHSSD LENGTH (SH82):450-FT (MINIMUM)550-FT (MINIMUM)550-FT (DESIRABLE)725-FT (DESIRABLE)WOODS ROAD IS EXPECTED TO HAVE MINIMUM TRAFFIC VOLUME TO CAUSE TRAFFIC MAKING LEFT TURN ATWOODS ROAD TO OVERFLOW INTO SH82. PROVIDING SSD FROM THE DMS TO THE START OF DECEL INTO WOODSROAD IS NOT EXPECTED TO BE REQUIRED.THE DECEL AND STORAGE FOR THE LEFT TURN ONTO SMITH WAY BEGINS 890-FEET BEYOND THE VISIBILITY CONEOF THE PROPOSED DMS. SUITABLE STOPPING SIGHT DISTANCE IS TO BE PROVIDED IN THE EVENT IF TRAFFICVOLUME EXCEEDS CAPACITY OF LEFT TURN LANE AND OVER FLOWS INTO THE SH82 EASTBOUND LANE.06-17-19 TC PacketPage 229 of 242229 AGNEDA ITEM SUMMARY TO: Elected Officials Transportation Committee FROM: David Peckler, Town of Snowmass Village Transportation Director MEETING DATE: June 20, 2019 SUBJECT: Mall Transit Station Project Update The Town has been working with a stakeholder group, RFTA staff and the firm Short Elliot Hendrickson Inc. (SEH) to create a preferred pre-sketch design to take to our Town Council for discussion. Three conceptual drafts were presented to the council and the public in meetings and an open house on March 20, 2019 to gather general comments on a preferred layout. The constraints for the project are to fit on the proposed location, not to lose any parking close to the Mall, and fit within a roughly $7 million construction budget. After discussions with RFTA staff we are working to provide roughly four operational transit bays for RFTA, five for the local transit service, and an overflow bay to accommodate drop offs should the other bays be occupied. The draft design will be brought to the Snowmass Town Council for discussion on June 17, 2019. There will not be enough time between this Town Council meeting and the EOTC meeting on June 20, 2019 to present Council’s preferred option to the EOTC. We are still working under the $50,000 appropriation for conceptual design work. 06-17-19 TC Packet Page 230 of 242 230 MEMORANDUM TO: Elected Officials Transportation Committee (EOTC) FROM: David Johnson, RFTA MEETING DATE: June 20, 2019 SUBJECT: RFTA Update: Destination 2040 and RFTA Board Retreat The purpose of this memorandum is to: 1) Summarize progress on Destination 2040 Projects 2) Summarize the outcomes of the June 13 RFTA Board Retreat Destination 2040 Update Over the last three years, RFTA engaged in extensive dialogue with its member jurisdictions about long- term transportation goals and priorities, which became the basis of the Destination 2040 Plan. During the funding and implementation phase of this planning effort, RFTA and its member jurisdictions determined that a property tax mill levy up to 5 mills, if approved by voters, was the most feasible method to fund and implement these projects. Through a number of polls, RFTA estimated that a 2.65 mill property tax might be achievable. RFTA refined the project list, project scopes, and funding commitments to align with a 2.65 mill property tax mill levy. Voter approved the 2.65 mill levy in November 2018. Immediately thereafter, RFTA began planning, designing and implementing the Destination 2040 projects. 06-17-19 TC Packet Page 231 of 242 231 The attached PowerPoint is an update on the projects that are located in, or highly relevant to the EOTC governments. More information can be found on the status of all Destination 2040 projects at https://www.rfta.com/2040roadmap/ RFTA Board Retreat The RFTA Board Retreat was conducted June 13, 2019 at Rocky Mountain Institute, after submittal of the EOTC packet. An update will be provided at the EOTC meeting. 06-17-19 TC Packet Page 232 of 242 232 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITYDESTINATION 2040 UPDATE 06-17-19 TC Packet Page 233 of 242 233 IMPROVEMENTS FOR THE ENVIRONMENT Bus Replacement –10 Clean Diesel Buses •Contract to purchase issued 1/28/2019 •Delivery of 10 buses scheduled for December 2019 06-17-19 TC Packet Page 234 of 242 234 IMPROVEMENTS FOR THE ENVIRONMENT Bus Replacement –Battery Electric Buses •Delivery of 8 buses scheduled for August 2019 •Commissioning and training August -October •Operating October/November 2019 IN PARTNERSHIP WITH 06-17-19 TC Packet Page 235 of 242 235 IMPROVEMENTS FOR THE ENVIRONMENT Rio Grande Trail Maintenance and Improvements IN PARTNERSHIP WITH •Bridge deck and sub-structure repairs for Roaring Fork, Emma and Wingo bridges •Construction to be completed in September-October •Asphalt repair plan in progress 06-17-19 TC Packet Page 236 of 242 236 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITY •April 22 Start Date •Local Valley service will be 30-minute headways all day, Monday -Friday during Spring, Fall and Fall Shoulder; and daily (Monday-Sunday) during Summer and Winter peak seasons. •Enhanced Snowmass Connections after 8:15 pm Service Increase, 30-minute Valley Service w/ Enhanced Snowmass Service 06-17-19 TC Packet Page 237 of 242 237 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITY Increase Weekend BRT (Spring/Fall) w/ Enhanced Carbondale Circulator •Starting April 22, VelociRFTA B RT (and Carbondale Circulator) will now operate 7 Days a Week, 365 Days a Year! 06-17-19 TC Packet Page 238 of 242 238 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITY Better transit service connections to Snowmass Village on Brush Creek Road •Service was implemented in 2018 •EOTC funding for this service transferred to RFTA on January 1, 2019 06-17-19 TC Packet Page 239 of 242 239 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITY Improvements to Mid Valley Highway 82 Bus Stations •Currently in design and engineering to upgrade the following stops: –Sage Wood: –Lazy Glen –Aspen Village –Holland Hills –Catherine Store •Design completed June 2019 •Construction late 2019/early 2020 06-17-19 TC Packet Page 240 of 242 240 IMPROVEMENTS FOR REDUCING CONGESTION AND IMPROVING MOBILITY Improvements to Town of Snowmass Village Transit Center •Town of Snowmass Village is in design of the TOSV Transit Center. •RFTA staff are engaged and participating in design review. 06-17-19 TC Packet Page 241 of 242 241 IMPROVEMENTS FOR SUSTAINABILITY AND SAFETY Aspen Maintenance Facility Expansion Phase 9 (Fuel Farm) •Replace and/or Reline Fuel Tanks •Design and permitting begins this summer •Construction scheduled for 2020 06-17-19 TC Packet Page 242 of 242 242