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05-02-11 Town Council Packets(3) 1 Town of Snowmass Village 2 Town Council 3 4 Ordinance No. 2 5 Series of 2011 6 7 AN ORDINANCE TO REPLACE SECTION 18 -224 OF THE TOWN OF 8 SNOWMASS VILLAGE MUNICIPAL CODE 9 10 WHEREAS, the Town Council supports and promotes energy conservation and 11 the use of energy efficient building practices within the Town of Snowmass Village, and 12 13 WHEREAS, the Town Council supports and promotes renewable energy 14 generation within the Town of Snowmass Village, and 15 16 WHEREAS, the Town Council finds it necessary and beneficial to establish 17 building efficiency standards that exceed those required under the Town's Energy 18 Conservation Code, and 19 20 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 21 or community sited renewable energy generation to offset the energy demand of outdoor 22 amenities such as pools, hot tubs, snowmelt systems and heated garages, and 23 24 WHEREAS, the Town Council finds it necessary and beneficial to establish in- 25 lieu fee options for property owners that choose not to employ energy efficient building 26 practices, or that wish to build highly energy consumptive outdoor amenities, and 27 28 WHEREAS, the revenues derived from such in -lieu fees will establish a funding 29 mechanism to facilitate the development of renewable energy generation projects and 30 programs to enhance energy efficiency throughout the Village, and 31 32 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 33 best interest of the Town and is reasonably necessary to promote and preserve the public 34 health, safety and welfare. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 37 Snowmass Village, as follows: 38 39 REPLACE IN ITS ENTIRETY: 40 Section 18 -224 Building Efficiency Standards and Renewable Energy Offset Program 41 (REOP) 42 43 WITH: 44 Section 18 -224 Home Energy Rating System (HERS) and Renewable Energy Offset 45 Program (REOP) V�I/ 90 This Section shall apply to interior energy uses only. For exterior e ergy use see 91 Section Three. 92 93 3. Exterior Energy Uses 94 95 This Section shall apply to exterior energy uses including, but not limited to, outdoor 96 pools and spas, snowmelt systems and heated garages 50 Annual o f t h e E„°..,.., U 97 (AEU) !.f all exter-k)F systems shall be —e f -set with on site eF aff sites —c-6 mmunky 98 Fene abl° energy systems e by the Chief Bu ildi n g Off;^ ^t Applicants shall have 99 three options available, to satisfy t e requirements of this section as follows: 100 U G�� 101 Option 1 Mitigate 50%'0 of the projects Annual Energy Use (AEU) with on- 102 site renewable energy systems. 103 �o��- 104 Option 2 Mitigate�of the project's Annual E ergy Use o A with off 105 site renewable energy systems that have been approved by 106 Chief Building Official. Such mitigation systems or method 107 A investing in community based systems shall includ only 10 permanent systems or investments. 110 Option 3 Pay fee -in -lieu for 100% of the project's Annual Energy Use 111 (AEU) OP f �l 112 113 Calculations for this Section can be found in Table 3. Renewable credits for this Section 114 can be found in Table 4. 115 116 Hot water fossil fuel and electric boilers utilized for exterior energy uses shall have a 117 minimum efficiency of 90% AFUE. 118 119 TABLE 3 120 f Y�17 121 System Type REO 122 123 Snowmelt 34.00 SF 124 C`r 125 Swimming Pool 136.00 SF 126 127 Spa 176.00 SF 128 129 Heated Garage 8.00 SF 130 131 132 TABLE 4 133 134 Renewable Energy System Allowed Credit 135 183 exemption of 36" in width for- the length E)f the Foute ineluding the 184 185 5 6. Pre existing Systems. Pre existing snowmelt, pools or spas that are 186 being altered or renovated qualify for exterior energy credit. This credit 187 can only be applied towards an installation of exterior energy on the 188 same parcel. The calculation of the credit shall be based on Table 4 of 189 this Section. An energy cost analysis of the existing system compared 190 to the proposed system will be required to satisfy this exemption. 191 192 193 6 -7-. Repairs. Repairs to building components, systems or equipment 194 which do not increase their pre- existing energy consumption need not 195 comply with this Section. All replacement equipment shall be subject 196 to current code provisions. 197 198 7 8- Appeals. An application for appeal of the Chief Building Official's 199 final decision shall be based on a claim that the true intent of this code 200 or the rules legally adopted thereunder have been incorrectly interpreted 201 or the provisions of this code do not fully apply. The applicant may, 202 under these circumstances, appeal to the Building Department Board of 203 Appeals for a hearing. 204 205 EXAMPLE 1 OPTION 1 Snowmelt area of 1200 SF: $34.00 X 1200 .92(efficiency rating of boiler)= $44,347.83 x 50 $22,173.92 $22,173.92 $125.00 178 SF of solar hot water panels, OR $22,173.92 $6.25 3548 watts of solar photo-voltaic 206 EXAMPLE 1 OPTION 2 Snowmelt area of 1200 SF: $34.00 X 1200 .92(efficiency rating of boiler)= $44,347.83 x 75 $33,260.87 $33,260.87/ $125.00 266 SF of solar hot water panels, OR $33,260.87/ $6.25 5322 watts of solar photo-voltaic 207 EXAMPLE 1 OPTION 3 Snowmelt area of 1200 SF: $34.00 X 1200 .92(efficiency rating of boiler)= $44,347.83 fee in lieu 250 Expenditures shall be consistent with the Renewable Energy Offset Program protocols; as 251 such protocols shall be described and approved by Resolution of the Town Council of the 252 Town of Snowmass Village prior to the effective date of this Ordinance. 253 254 7. Effective Date and Applicabili 255 256 This Ordinance shall become effec ve on June 1, 2011 and F ply to all Building 257 Permit applications received after t at date. 258 259 8. Waivers ,,rr 260 �V 261 Applicants may submit written requests for waivers of any or all of the provisions of 262 REOP to the Building Department for consideration on a case by case basis by the Town 263 Council. All such waiver requests must be submitted and considered by Town Council 264 prior to application for a Building Permit. Such waivers may be granted by Resolution of 265 the Town Council upon findings made by Town Council based on credible evidence 266 presented by Applicant in the following categories: 267 268 a) Community benefit; 269 b) Public safety need; 270 c) Unique site considerations on the property that cause a demonstrable 271 reduction in safety for users of the property; or 272 d) Unique site considerations on the property that cause undue hardship to 273 mitigate energy use on -site due to adversq effects (ie. glare, noise, smell or 274 other nuisance) to adjacent property. 275 276 Town Council shall consider the totality of the circumstances including the evidence 277 presented pursuant to the categories above when making decisions regarding waivers. 229 I� j 6K 280 9. Severability 281 282 If any provision of this Ordinance or application hereof to any person or circumstance is 283 held invalid, the invalidity shall not affect any other provision or application of this 284 Ordinance which can be given effect without the invalid provision or application, and, to 285 this end, the provisions of this Ordinance are severable. 286 287 288 289 290 READ, APPROVED AND ADOPTED, by the Town Council of 291 the Town of Snowmass Village at the First Reading on upon a motion 292 by Council Member the second of Council s�I'lljoi"? PEEP,! ,3 IOUNI'IA-.H ASPEP HIGI-ILANDS ASPEN�SNOWMAS ASPEPI" SKIING CONIPAP1 May 2, 2011 Town Council Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Dear Council Member, Pursuant to Section 16A-5-70(3), the applicant wishes to amend its submission of the Minor PUD Amendment to Fanny Hill, Parcel 7 of Tract F in Woodrun V PUD by incorporating the attached letter to Russ Forrest dated April 25th. We formally request that as the proposals made in the attached letter do not significantly alter the scope of the project, that the application proceed without additional hearings or consideration thereof. Sincerely, Don Schuster Vice President Hospitality Development General Manager Snowmass Club cc: John Dresser, Chris Conrad, Jim Wahlstrom, Russ Forrest P.O. Box 1248 Aspen, CO 81612-1248 970-925-1220 www.aspeusnowmass.com @Printed on Recycled Paper.