HomeMy WebLinkAboutPACKET Town Board Study Session 2024-06-11 June 11, 2024
A 5:00 p.m. — 6:45 p.m.
Board Room
TOWN BOARDEP 4:45 p.m. Dinner
® STUDY SESSION
AGENDA
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Public comment is not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a
majority of the Board.
This study session will be streamed live and available at www.estes.org/videos
5:00 p.m. Guiding Policy for Implementation of the Electric Vehicle Infrastructure
and Readiness Plan. (Management Analyst Simpson)
5:30 p.m. Occupancy Limit Code Changes to Comply with New State Law.
(Director Careccia)
5:50 p.m. Noise Ordinance.
(Town Attorney Kramer and Town Administrator Machalek)
6:35 p.m. Trustee & Administrator Comments & Questions.
6:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:45 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:30 p.m.
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TOWN OF ESTES PARI
Report TOWN ADMINISTRATOR'S
OFFICE
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Suzanna Simpson, Management Analyst
Date: June 11, 2024
RE: Guiding Policy for Implementation of the Electric Vehicle Infrastructure
Readiness Plan.
Purpose of Study Session Item:
The 2024 Strategic Plan has an Objective to "assist the Town Board with determination
of a guiding policy regarding the Town and private-sector roles in implementing the
Electric Vehicle Infrastructure & Readiness Plan." The purpose of this study session
item is to seek Board direction on that guiding policy. The 2021 Electric Vehicle
Infrastructure & Readiness Plan can be viewed at www.estes.orq/e-vehicleplan.
Town Board Direction Requested:
Staff requests direction from the Board regarding the Town's role in the provision of
electric vehicle charging infrastructure.
Present Situation:
Staff needs organizational clarity to determine how to prioritize resources directed at the
implementation of the Electric Vehicle Infrastructure & Readiness Plan. Specifically,
what role the Town will play in expansion of local electric vehicle charging infrastructure,
including the role of specific departments. Data suggests that the current inventory of
electric vehicle charging spaces is meeting the needs of residents and visitors. This
policy guidance will help staff to develop a plan that includes how future expansion is
determined.
There are three potential paths that the Town could explore to move forward:
1. The Town owns and operates the stations.
2. The Town provides the parking infrastructure and access to electric infrastructure
necessary for a private provider to own and operate the charging stations. A private
provider is selected through a Request for Proposal (RFP) process when the Town's
charging data indicates that more electric vehicle charging infrastructure is needed.
3. The Town only provides electrical infrastructure and does not expand charging
infrastructure in public parking lots.
Page 3
Proposal:
Staff recommends pursuing Option 2 when expansion of electric vehicle charging
spaces is deemed necessary. Operationally, Power & Communications will manage the
provision of electrical infrastructure and Public Works will manage the parking supply.
When the need arises for expansion, a Request for Proposal will be issued for a private
vendor to handle the installation of chargers as well as operations and maintenance.
Advantages:
• Operationally, Option 2 would not be a big shift away from how the Town has
conducted operations around electric vehicle charging and provides a balanced
approach to implementation.
• The partnership will allow private industry to operate as the subject matter
experts in their field and install according to the latest standards and trends.
• The Town will retain ownership of the parking supply and remain the decision-
maker on how and when expansion occurs.
• Option 2 limits the Town's operational and financial risk by allowing a private
installer to assume that risk in exchange for a revenue opportunity.
Disadvantages:
• Technology in electric vehicle charging advances quickly and some private
companies may be primarily focused on Fast Chargers, which have a much
bigger impact on electrical infrastructure.
• The Town may potentially lose control over factors such as pricing, model, and
overall utilization data.
Finance/Resource Impact:
None at this time.
Level of Public Interest
Low
Attachments:
1. EV Charger Philosophy Presentation.
Page 4
Attachment 1
Guiding Policy for Implementation
[p of the Electric Vehicle Infrastructure
and Readiness Plan
Town Board Study Session
June 11, 2024
Suzanna Simpson,
Management Analyst I4477-111
Town Administrator's Office
-char9epainr
fp Purpose
�P p
The Town's 2024 Strategic Plan had an Objective to
"assist the Town Board with determination of a
guiding policy regarding the Town and private-sector
roles in implementing the Electric Vehicle
Infrastructure & Readiness Plan."
The purpose of this study session item is to seek
Board direction on that guiding policy.
Page 5
fp Direction fP Requested
Three potential paths that the Town could
explore:
1. The Town owns and operates the stations.
2. The Town provides the parking infrastructure and
access to electric infrastructure necessary for a
private provider to own and operate the charging
stations.
3. The Town only provides electrical infrastructure and
does not expand charging infrastructure in public
parking lots.
fp fP Research
Peer Communities:
• Aspen
• Boulder
• Breckenridge
• Fort Collins
• Glenwood Springs
• Steamboat Springs
• Vail
Page 6
A Option 1
IP p
The Town owns and operates the stations
Advantages:
• Efficiency
• Control of data
Disadvantages:
• Potential for misuse
• Not the subject matter experts
• Lack of organizational clarity
• Operating at a loss
• At the mercy of a manufacturer
ti0ption 2
Town provides the parking infrastructure and access to
electric infrastructure necessary for a private provider
to own and operate charging stations:
Advantages:
• Ideal choice for municipalities surveyed, especially those with
a utility
• No investment of resources in industry standards and trends
• No capital outlay from the Town
Disadvantages:
• Pace of technology
• Loss of control of data
Page 7
ti0ption 3
Town only provides electrical infrastructure and does
not expand charging infrastructure in public parking
lots:
Pros:
• No ambiguity over Town's role
• Resources freed up for other priorities
Cons:
• May result in underinvestment
• Lack of alignment with sustainability goals and Electric Vehicle
Infrastructure & Readiness Plan
fp fP Current Status of EV Charging in Estes Park
Current inventory aligns with a small sample of other
municipalities interviewed
Percentage of EV stalls to total inventory:
• Estes Park: 10 EV stalls out of 2,174 total = .46%
• Aspen: 19 EV stalls out of 3,031 total = .48%
• Vail: 30 EV stalls out of 2,502 = 1.2%
• Steamboat Springs: 36 EV stalls out of 3,243 = 1.1%
Page 8
fp fP Current Status of EV Charging in Estes Park
Usage data indicates the current inventory is stable
• September had the highest utilization rate over a 24-hour
period at 23.73%
• The busiest time block of 2023 was 12 p.m. — 6 p.m. with an
average utilization rate of 51%
• Overall average utilization rate over a 24-hour period in 2023
was 13.87%
• The average session duration (hours) for 2023 was 1.99
fp fP Current Status of EV Charging in Estes Park
Avg Session Utilization
Session Unique Duration Rate(24
Month/Year 12 a.m.-6 a.m. 6 a.m.-12 p.m. 12 p.m.-6 p.m. 6 p.m.-12 a.m. Count Driver (Hours) hours)
Jan.2023 6% 34% 56% 6% 74 29 2.43 5.74%
Feb.2023 1% 35% 51% 17% 98 51 1.78 6.35%
March 2023 9% 28% 57% 5% 128 53 1.51 6.28%
April 2023 15% 26% 53% 12% 162 53 1.74 9.12%
May 2023 15% 29% 56% 8% 273 74 1.84 15.63%
June 2023 11% 29% 44% 17% 298 97 1.89 17.96%
July 2023 10% 36% 44% 11% 217 64 1.93 13.20%
Aug.2023 9% 39% 44% 14% 528 144 2.02 21.50%
Sept.2023 6% 37% 46% 11% 621 138 2.92 23.73%
Oct.2023 5% 32% 51% 9% 619 127 1.64 20.61%
Nov.2023 6% 39% 52% 11% 313 58 1.85 11.25%
Dec.2023 1% 36% 54% 8% 335 76 2.29 15.05%
AVERAGES 8% 33% 51% 11% 305.5 80.33 1.99 13.87%
Page 9
fp
fP KeyPoints from Research
• The majority of communities surveyed approach EV
charging from a climate/sustainability/or other
environmental function, both through policy and
operations.
• Many communities who took an "own and operate"
approach would prefer the public/private
partnership option if they had to do it over.
fp
fP KeyPoints from Research
• Having an in-house utility is a strong driver for
pursuing a public/private partnership.
• Many communities who started out with aggressive
goals feel they may have hit saturation or are looking
for ways to incentivize the buildout of more private
chargers.
Page 10
1p Proposal
�P
Staff recommends pursuing Option 2 — a public/private
partnership when expansion of electric vehicle charging spaces
is deemed necessary.
• Operational clarity: Power & Communications will manage the
electrical infrastructure and Public Works will manage the parking
supply.
• When the need arises for expansion, a Request for Proposal will be
issued for a private vendor to handle the installation of chargers as
well as operations and maintenance.
• Power & Communications and Public Works staff have identified
two potential sites to target for expansion — the Performance Park
and Event Center lots.
t Board Direction
�P
Which of these options does the Board prefer for the
Town's involvement in EV charging infrastructure?
How involved do you want the Town to be in EV
Charging?
Do you agree that we do not currently need to focus on
expansion?
Page 11
t Questions?
�P
What additional questions do you have?
Page 12
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TOWN OF ESTES PARK
Report COMMUNITY DEVELOPMENT
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Steve Careccia, Community Development Director
Date: June 11, 2024
RE: Occupancy Limit Code Changes to Comply with New State Law
Purpose of the Study Session:
Provide the Board with an overview of a newly adopted State Statute regarding
residential occupancy limits and the staff proposal to achieve compliance with the
Statute.
Town Board Direction Required:
Seeking direction from the Town Board on the staff proposal to achieve compliance with
State Statute.
Present Situation:
A new State Statute (House Bill 24-1007), concerning residential occupancy limits, was
approved on April 15, 2024. The Statute prohibits local governments from limiting the
number of people who may live together in a single dwelling, unless such occupancy
limits are based on demonstrated health and safety standards, such as those
established in building and fire codes or water and wastewater environmental quality
standards, or if based on affordable housing program guidelines. The restrictions
become effective July 1, 2024, and will be applicable to the Town of Estes Park.
The Town does have regulations that restrict or limit residential occupancy. Specifically,
within the Land Development Code, there are definitions and provisions that establish
maximum occupancy. For example, the Code's definition for Household Living states: 'A
family unit related by blood, marriage or adoption or eight (8) or fewer unrelated
individuals (including resident and nonresident caregivers) living together in a single
dwelling unit...'. As established in the definition, no more than eight unrelated
individuals may live together in a single dwelling, and this maximum limit would be
inconsistent with the new State Statute. A listing of the applicable Land Development
Code provisions is attached for reference purposes.
The Town adopted Chapters 1 and 2 of the 2021 International Property Maintenance
Code (IPMC) on May 23, 2023 (Ordinance No. 04-23). As adopted, these maintenance
provisions are only applicable to non-residential structures and premises. On April 9,
2024, the Town Board expanded the applicability of the adopted IPMC provisions to
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include long-term rental residential properties (Ordinance No. 07-24). The intent was to
address substandard housing conditions in long-term rentals within Town limits. It
should be noted that the IPMC provisions, as adopted by the Town, do not set
occupancy limitations for residential dwellings.
Proposal:
Staff has determined that the occupancy restrictions within the Land Development Code
are inconsistent with the newly enacted State Statute. As such, staff is recommending
that all references to specific occupancy limits be removed from the Land Development
Code. As an example, within the definition of Household Living, the specific language
limiting occupancy to eight or fewer unrelated individuals would be stricken.
Should the Town be interested in adopting occupancy limits, the 2021 IPMC, Chapter 4,
Section 404, contains occupancy regulations that should meet the State Statute's
requirement for basis on health and safety standards. Section 404 addresses
occupancy by establishing a minimum square-footage of dwelling space per occupant. It
should be noted that Section 404 has not been adopted by the Town and would need to
be formally adopted through an amendment to the Municipal Code. But, while adoption
of Section 404 should be a Statute-acceptable measure to address occupancy limits,
staff has identified several concerns with this approach. It is anticipated that
enforcement would be problematic, as staff would need to verify who was living in a
particular dwelling, along with the square-footage and configuration of that dwelling.
While some of this information, such as dwelling size and number of bedrooms, could
be obtained from the Larimer County Assessor, it is more likely that an in-person
inspection would be required. This raises additional concerns regarding available staff
resources, the ability of staff to legally enter a dwelling, and personal privacy issues for
those living within the dwelling.
Advantages:
• Revising the Land Development Code, by removing all references to occupancy
limitations, will bring the Town into compliance with State Statute.
Disadvantages:
• Occupancy limits are intended to prevent overcrowding and ensure safe living
conditions. However, the staff proposal will remove all occupancy-related limits
from the Land Development Code.
• While occupancy limits and overcrowding have not been a significant
enforcement issue in the past, staff will not have any recourse to address such
issues should they arise in the future.
• Occupancy limits could be adopted through the 2021 IPMC, Chapter 4, Section
404. However, as previously noted herein, there are significant concerns with this
approach.
Page 14
Finance/Resource Impact:
There is no financial impact.
Level of Public Interest
It is anticipated that public interest will be low.
Attachments:
1. House Bill 24-1007
2. Town of Estes Park Land Development Code — List of Occupancy Provisions
Page 15
Attachment 1
Attachment No. 1
House Bill 24-1007
HOUSE BILL 24-1007
BY REPRESENTATIVE(S) Rutinel and Mabrey, Bacon, Boesenecker,
deGruy Kennedy,English,Epps,Froelich,Garcia,Hernandez,Jodeh,Kipp,
Lindsay, Lindstedt, Marvin, Mauro, McCormick, Ortiz, Parenti, Ricks,
Sirota, Velasco, Vigil, Weissman, Willford, McCluskie, I lerod, Martinez;
also SENATOR(S) Exum and Gonzales, Buckner, Coleman, Cutter,
Danielson,Fields,I Iinrichsen,Jaquez Lewis,Marchman,Michaelson Jenet,
Priola, Winter F.
CONCERNING RESIDENTIAL OCCUPANCY LIMITS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 29-20-111 as
follows:
29-20-111. Local government residential occupancy limits -
short title - legislative declaration - definition. (1) THE SHORT TITLE OF
THIS SECTION IS THE "HOME (HARMONIZING OCCUPANCY MEASURES
EQUITABLY)ACT".
(2) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT
OCCUPANCY LIMITS AND THE INCREASED AVAILABILITY OF HOUSING ARE
Capital letters or bold& italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of Page 16
the act.
MATTERS OF MIXED STATEWIDE AND LOCAL CONCERN.
(3) A LOCAL GOVERNMENT SHALL NOT LIMIT THE NUMBER OF PEOPLE
WHO MAY LIVE TOGETHER IN A SINGLE DWELLING BASED ON FAMILIAL
RELATIONSHIP. LOCAL GOVERNMENTS RETAIN THE AUTHORITY TO
IMPLEMENT RESIDENTIAL OCCUPANCY LIMITS BASED ONLY ON:
(a) DEMONSTRATED HEALTH AND SAFETY STANDARDS, SUCH AS
INTERNATIONAL BUILDING CODE STANDARDS,FIRE CODE REGULATIONS,OR
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
WASTEWATER AND WATER QUALITY STANDARDS;OR
(b) LOCAL, STATE, FEDERAL, OR POLITICAL SUBDIVISION
AFFORDABLE HOUSING PROGRAM GUIDELINES.
(4) AS USED IN THIS SECTION,"LOCAL GOVERNMENT"MEANS A HOME
RULE OR STATUTORY CITY, HOME RULE OR STATUTORY COUNTY, TOWN,
TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.
SECTION 2. Effective date. This act takes effect July 1, 2024.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 2-HOUSE BILL 24-1007
Page 17
preservation of the public peace, health, or safety or for ap ropriations for
the support and maintenance of the departments f th tate and state
institutions.
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
(20 OthiCid ne)a-JigOC-Le
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE USE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED‘Ma' vl PO, 1 i Di OVA 15 qqA,
(Date and T'me)
Jare I :. 'of '
•VERN'i R OF THE STATE 1 •LORADO
PAGE 3-HOUSE BILL 24-1007
Page 18
Attachment 2
Attachment No. 2
Town of Estes Park Land Development Code — List of Occupancy Provisions
(highlighting added for emphasis)
Chapter 5 Use Regulations, Section 5-2-B-2 (Accessory Dwelling Units)
(6) Maximum Occupancy. Notwithstanding the definition of"Household Living"
in section 13.2(C)(28), the maximum number of individuals that reside in an accessory
dwelling unit shall be a family unit related by blood, marriage or adoption or four (4) or
fewer unrelated individuals (including resident and nonresident caregivers) living
together, with common access to and common use of all living and eating areas and all
facilities for the preparation and serving of food within the accessory dwelling unit.
Chapter 13 Definitions, Section 13.2.0 (Use Classifications/Specific Use Definitions and
Examples)
25. Group Living Facility, Large.
a. General Definition: Shared living quarters for nine (9) or more individuals, without
separate kitchen or bathroom facilities for each room or unit.
26. Group Living Facility, Small. Shared living quarters for up to eight (8) unrelated
individuals (including resident and nonresident care givers) living together in a single
dwelling unit, with common access to and common use of all living and eating areas
and all facilities for the preparation and serving of food within the dwelling unit. None of
the residents receive on-site medical or psychological treatment, therapy or counseling,
but some or all of the residents may be receiving physical assistance with day-to-day
living activities. Provided that the use otherwise complies with this definition and size
restriction, a small group living facility includes only the following:
a. A nonprofit group home for the aged or an owner-occupied group home for the
aged, as defined in §§ 30-28-115(2)(b) and 31-23-303(2)(b), C.R.S.; or
b. A state-licensed group home for the developmentally disabled or mentally ill, as
defined in §§30-28-115(2)(a) and (b.5) and 31-23-301(4) and 303(2)(a) and (b.5),
C.R.S.
28. Household Living.
a. General Definition: A family unit related by blood, marriage or adoption or eight
(8) or fewer unrelated individuals (including resident and nonresident caregivers)
living together in a single dwelling unit, with common access to and common use
of all living and eating areas and all facilities for the preparation and serving of
food within the dwelling unit. Household living shall include occupancy by a
Page 19
renter household for terms of thirty (30) days or more. Refer to the definition
of accommodations use for renter occupancy for terms of less than thirty (30)
days.
b. Examples: This classification includes households living in single-family houses,
duplexes, other multi-family dwelling structures, manufactured housing and other
structures with self-contained dwelling units.
Page 20
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TOWN OF ESTES PARK
Report TOWN ADMINISTRATOR'S
OFFICE
To: Honorable Mayor Hall
Board of Trustees
From: Town Administrator Machalek
Date: June 11, 2024
RE: Noise Ordinance
Purpose of Study Session Item:
Review the Town's current noise ordinance, Town Board discussions of that noise ordinance
to-date, and discuss options for changes.
Town Board Direction Requested:
• Does the Board want to consider changes to the current municipal code regulations
around noise?
• Does the hybrid approach favored by the previous Town Board continue to be the
preferred option?
• What additional changes, if any, are the Board interested in considering in a new noise
ordinance?
Present Situation:
The Town has amended the noise regulations in the Municipal Code twice since 2016. In
May of 2016, the Board adopted Ordinance 15-16, amending Chapter 8.06 of the Municipal
Code entirely and replacing it with a new chapter that sought to make the Town's noise
regulations easier to enforce, less complex, easier to understand for the general public, and
more realistic. In the packet materials for the agenda item, staff noted that "[s]ince 2004,
there have been few, if any, code enforcement actions taken by the Town for violations of the
provisions of Chapter 8.06." Ordinance 15-16 contained decibel-based restrictions for noise,
as well as a prohibition on "unreasonable" noise as determined by a member of the Police
Department or the Code Enforcement Officer.
In September of 2017, the Town Board briefly considered amending Section 8.06.030 of the
Municipal Code ("Maximum Permissible Noise Levels") to bring the decibel limits set forth in
Ordinance 15-16 into compliance with the maximum noise levels set by State statute. After
further review of how noise ordinances were handled in other communities, Town Attorney
Greg White recommended that the Board pursue a new noise ordinance that did not contain
any decibel-based restrictions, but rather contained worded prohibiting unreasonable noise.
Attorney White based this recommendation on an analysis that determined that decibel-
based noise ordinances are not enforceable, though he did note that every community noise
ordinance he reviewed contained decibel-based regulations for noise except for Windsor and
Johnstown. Attorney White's memo for the October 10, 2017 Town Board meeting is
attached for reference.
Page 21
On November 14, 2017, the Town Board adopted Ordinance 24-17, amending Chapter 8.06
of the Municipal Code relating to unreasonable noise. This Ordinance regulates
unreasonable noise based upon the definition of unreasonable noise as any sound of such
level, intensity, or duration as may or tends to be injurious to human health or welfare, or that
unreasonably interferes with the enjoyment of life or property, or causes damage to any
property.
The most recent change to the Town's noise regulations took place in July of 2022 with Town
Board adoption of Ordinance 14-22. This ordinance clarified that amplified outdoor sound is
subject to the provisions set forth in Section 8.06.020, and created a permitting process that
allows the Town Engineer to approve exceptions to the prohibitions set forth in Section
8.06.020 for nighttime construction noise in the right of way.
Over the past year, the Town has received a significant amount of feedback from members of
the public expressing concerns with the current noise ordinance. Specific concerns include
the lack of a quantitative decibel standard, the ability of the Town Engineer to issue permits
for overnight construction work (instead of the Town Board), and the lack of enforcement of
the unreasonable noise standard. In response to these concerns, the Town Board asked staff
to explore options for making changes to the Town's existing noise regulations.
Proposal:
At the January 9, 2024 Study Session, the Town Board indicated an interest in exploring a
hybrid approach to noise enforcement that included both a decibel-based and unreasonable
noise standard. A number of other changes have been suggested, including:
• Moving the authority to grant exceptions for nighttime construction noise from the
Town Engineer to the Town Board; and
• Replacing the blanket exception for "Town authorized or sponsored events including,
but not limited to, parades, fireworks displays, concerts, and events at Stanley Park,
Bond Park, or Performance Park", with a requirement for annual approval of these
exceptions by the Town Board.
Staff wants to confirm direction with the new Board prior to drafting an ordinance for further
consideration.
Finance/Resource Impact:
Any decibel-based enforcement would require an investment in both decimeters and training.
Staff estimates that a new type-2 decimeter costs between $2,000 and $3,000. The main
resource impact associated with a decibel-based standard is training enforcement personnel
on how to measure sound and testify to it, as well as the time spent enforcing. Based on
information from the City and County of Denver, staff would expect at least a week of training
on enforcement alone.
Level of Public Interest
High.
Attachments
1. Ordinance 15-16
2. 10/10/2017 Memo from Town Attorney White
3. Ordinance 24-17
Page 22
Attachment 1
ORDINANCE NO. 15-16
AN ORDINANCE AMENDING CHAPTER 8.06 OF THE MUNICIPAL CODE
IN ITS ENTIRETY CONCERNING NOISES.
WHEREAS, Chapter 8.06 of the Municipal Code provides for regulation of noises
within the Town of Estes Park; and
WHEREAS, the Board of Trustees desires to amend the current Chapter 8.06
and replace it with a new Chapter 8.06 regulating noises within the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Chapter 8.06 of the Municipal Code is hereby amended in its entirety as more
fully set forth on Exhibit A attached hereto and incorporated herein by this
reference.
2. The Ordinance shall take effect and be in force 30 days after its adoption and
publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this Q`I4''" day of v , 2016.
TOWN OF ESTES PARK
Mayor
ATTEST:
T n Clerk
1
Page 23
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the d'4 - day of t.i.wr , 2016 and
published in a newspaper of general publication in the Town of Estes Park, Colorado,
on the al- day of N-44......i , 2016.
�._ o o • -r^^4•AQMYw
Town rk
2
Page 24
EXHIBIT A
Chapter 8.06 Noises
8.06.010 Definitions.
The following words,terms and phrases,when used in this Chapter, shall have the following
meanings ascribed to them:
Construction means any site preparation, assembly, erection,repair, alteration or similar action,
or demolition of buildings or structures.
dB(A) means the A-weighted unit of sound pressure level.
Decibel(dB) is sound pressure level at a specified location.
Motor vehicle shall have the same meaning as set forth in Section 42-1-102 (58), C.R.S.
Muffler means a sound-dissipative device or system for attenuating the sound of escaping gases
of an internal combustion engine.
Real property line means either:
a. The line,including its vertical extension,that separates one (1) parcel of real property
from another; or
b. The vertical and horizontal boundaries of a dwelling unit that is contained within a multi-
use building.
Sound level means the instantaneous sound pressure level measured in decibels with a sound
level meter set for A-weighting on slow or fast integration speed.
Sound level meter means an instrument used to measure sound pressure levels conforming to
standards as specified in ANSI Standard S1.4-1983 or the latest version thereof and operated
pursuant to the manufacturer's specifications.
Unreasonable noise means any sound of such level and duration as to be or tend to be harmful to
human health or welfare, or which would unreasonably disturb the enjoyment of life or property
within the Town.
8.06.020 Unreasonable noise prohibited.
No person shall make, continue or cause to be made or continued any unreasonable noise; and no
person shall knowingly permit such noise upon any premises within the Town. For purposes of
Page 25
this Section,members of the Police Department or the Code Enforcement Officer are empowered
to make a prima facie determination as to whether a noise is unreasonable.
8.06.030 Maximum permissible noise levels.
A noise measured or registered by a sound level meter from any source at a level which is in
excess of 80 dB(A)measured at a distance of twenty-five(25) feet from any property line is
hereby declared to be a unreasonable noise and is unlawful.
8.06.040
No person shall operate or cause to be operated any motor vehicle off a public right-of-way in
such a manner that the sound level emitted exceeds the limits set forth in Section 8,064)30. This
Section shall apply to all motor vehicles, whether or not duly licensed and registered, including
but not limited to commercial or noncommercial racing vehicles,motorcycles, go-carts,
snowmobiles, amphibious crafts, campers and dune buggies.
8.06.050 Exceptions.
The provisions of this Chapter shall not apply to:
(1) Noise from emergency signaling devices;
(2) Noise from agricultural activities;
(3) The operation of aircraft or other activities which are subject to federal law with respect
to noise control, and the generation of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Administration;
(4) Noise from domestic power tools and lawn and garden equipment operated between 7:00
a.m. and 10:00 p.m.,provided that such tools or equipment generate less than one
hundred (100) dBA measured at a distance of twenty-five(25) feet from any property
line;
(5) Sound from church bells and chimes when a part of a religious observance or service;
(6) Any tools or equipment used in construction, drilling, earthmoving, excavating or
demolition,provided that all motorized equipment used in such activity is equipped with
functioning mufflers, and further provided that such work takes place between 7:00 a.m.
and 10:00 p.m.;
(7) Noise from snow blowers, snow throwers and snowplows when operated for snow
removal;
Page 26
(8) The Town and its employees, when engaged in any activity for the maintenance,
installation or repair or any Town facility or utility or engaged in any other Town activity
or function;
(9) Any Town-sanctioned special event;
(10)Noise generated from golf course maintenance equipment when used on a golf course;
(11)Noise generated by tools or equipment during emergency operations or activities that are
reasonably necessary for the public health, safety or welfare; or
(12)Any event sanctioned by the Park School District.
8.06.060 Temporary Permits.
(a) Any person who owns, operates or produces any noise source which is unlawful or will
be unlawful pursuant to this Chapter may apply to the Code Enforcement Officer of the
Town for a temporary permit. The duration of the temporary permit shall not exceed
ninety(90) days. Applications for a temporary permit shall supply information including,
but not limited to:
(1) The nature and location of the noise source for which such application is made;
(2) The reason for which the temporary permit is requested.
(3) The level of noise that will occur during the period of the temporary permit;
(4) The section or sections of this Chapter for which the temporary permit shall apply;
(5) A description of interim noise control measures to be taken for the applicant to
minimize noise and the impacts occurring therefrom; and
(6) A specific schedule of the noise control measures that shall be taken to bring the
source into compliance with this Chapter within a reasonable time.
(7) Any other information requested by the Code Enforcement Officer.
(b) Failure to supply the information required by the Code Enforcement Officer shall be
cause for rejection of the application.
(c) The Code Enforcement Officer may charge the applicant a reasonable fee to cover
expenses resulting from the processing of the temporary permit application.
(d) The Code Enforcement Officer may, at his or her discretion, limit the duration of the
temporary permit. Any person granted a temporary permit and requesting an extension of
time shall apply for a new temporary permit under the provisions of this Section.
Page 27
(e) No temporary permit shall be approved unless the applicant presents adequate proof that:
(1) Noise levels occurring during the period of the temporary permit will not constitute a
danger to public health and safety; and
(2) Compliance with this Chapter would impose an unreasonable hardship on the
applicant.
(f) A temporary permit may be revoked by the Code Enforcement Officer if there is:
(1) Violation of one (1) or more terms or conditions of the temporary permit;
(2) Material misrepresentation of fact in the temporary permit application; or
(3) Material change in any of the circumstances relied on by the Code Enforcement
Officer in granting the temporary permit.
(g) The applicant shall not operate or produce an unlawful noise during the application
process.
8.06.070 Violation and penalties
Any person who violates any provision of this Chapter, upon conviction, shall be subject to the
penalty in Section 1.20.020 of the Municipal Code.
Page 28
A Attachment 2
EP
TOWN OF ESTES PARI
Memo TOWN ATTORNEY
To: Honorable Mayor Jirsa
Board of Trustees
CC: Frank Lancaster
Jackie Williamson
Wes Kufeld
From: Gregory A. White, Town Attorney
Date: October 10, 2017
RE: Town Noise Ordinance
At its regular meeting of September 12, 2017, the Board of Trustees continued the
hearing on the consideration of amending the current noise ordinance to comply with
the requirements of the State statute. The purpose of the continuance was to provide
adequate time to review other communities' noise ordinances to determine how those
ordinances comply with the State statute and/or regulate noise within the respective
communities. I have reviewed noise ordinances from the following communities:
• Steamboat Springs
• Fort Collins
• Loveland
• Longmont
• Greeley
• Johnstown
• Windsor
• Breckenridge
• Lafayette
The ordinances range from complex for Greeley and Fort Collins to Windsor's one
sentence ordinance that reads as follows:
"Section 10-6-10.- Noise, unreasonable. No person shall make, continue or
cause to be made or continued any unreasonable noise; and no person shall
knowingly permit such noise upon any premises owned or possessed by such
person or under such person's control. For purposes of this Section, members of
the police department are empowered to make a prima facie determination as to
whether a noise is unreasonable."
None of the reviewed ordinances complied with the provisions of the State statute. All
of the reviewed ordinances, except for Windsor and Johnstown, contained decibel
regulations for noise.
19 Page 29
The ordinances which use decibel standards for noise partially comply with the State
standard on decibel readings. However, all of these ordinances expanded the time
restrictions in the State statute and provided numerous exceptions for such activities as
construction, the use of power tools and lawn equipment in residential areas,
snowblowers, bells, and emergency. These exemptions are not allowed under the
State statute. As stated above, none of the ordinances complied with the restrictions in
the State statute.
After review of the Lafayette ordinance, I contacted Bill Hayashi of the firm of
Williamson & Hayashi, LLC. This law firm has served as special counsel to the Town
for litigation, and currently is the City Attorney for Lafayette, Golden, Sheridan, and
Federal Heights. Mr. Hayashi recently completed an extensive review of noise
ordinances for the City of Golden. In that review, Mr. Hayashi reviewed numerous
municipalities noise ordinances including whether they had decibel based standards.
Also, the City of Golden hired a consultant to guide the City of Golden in dealing with
noise problems in the City. Based on that conversation, Mr. Hayashi shared with me
the findings of his comprehensive review of noise ordinances.
Those municipal ordinances which contained decibel based restrictions, generally follow
the restrictions in the State statute. However, based upon review of those ordinances
and the opinion of Golden's consultant, he determined that the decibel sound levels
meeting the State statute for residential and commercial districts are lower than or equal
to that of conversational speech.
In reviewing decibel based noise ordinances, he determined that decibel based noise
ordinances are not enforceable. He also could find no municipal prosecutor that had
ever prosecuted any violation based upon decibel based restrictions. He recommended
that the City of Golden continue to address its noise complaints through the adoption of
a reasonable standard noise ordinance. He also recommended that the City of Golden
deal with its noise concerns of establishments holding liquor licenses through its
granting and/or renewal of liquor licenses issued to those establishments. He
recommended that the City of Golden continue its practice of dealing with motor vehicle,
motorcycle and jake brake noise through the Model Traffic Code. He stated that the
City of Golden's Police Department had received specific training in the identification of
modified mufflers to determine if mufflers had been altered through visual inspection of
the vehicles.
After reviewing all of the various municipal ordinances, and after talking to Mr. Hayashi,
I make the following recommendations to the Town Board for dealing with noise
complaints:
1. Draft a new noise ordinance which does not contain any decibel based
restrictions.
2. The new noise ordinance shall contain the wording that it is unlawful for any
person to make, cause be made, or to prevent any unreasonable noise upon any
property. The determination of unreasonable noise shall consider factors
including, but not limited to, time of day, size of any gathering of persons creating
or contributing to the noise, present or absence of sound amplification
20 Page 30
equipment, or any other factors tending to show the magnitude and disruptive
effect of the noise. The ordinance may also address exempt activities.
3. Deal with noise from vehicles due to alteration of mufflers and or jake brakes
through the Model Traffic Code.
Use the provisions of the liquor code to establish conditions for amplified noise from
establishments having liquor licenses as a condition for the approval and/or renewal of
the liquor license.
Attachments:
Ordinance 24-17
21 Page 31
10/10/2017 Memo Attachment
ORDINANCE NO. 24-17
AN ORDINANCE AMENDING SECTION 8.06.030 MAXIMUM PERMISSIBLE
NOISE LEVELS IN THE MUNICIPAL CODE
WHEREAS, Section 8.06.030 states the maximum permissible noise levels
within the Town; and
WHEREAS, it is necessary to change the maximum permissible noise levels to
be in compliance with the State statute; and
WHEREAS, the Board of Trustees has determined it is in the best interest of the
Town to amend Section 8.06.030 of the Municipal Code relating to maximum
permissible noise levels.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Section 8.06.030 Maximum Permissible Noise Levels of the Municipal Code is
amended as follows:
8.06.030 Maximum permissible noise levels.
A noise measured or registered by a sound level meter from any source at a level which is
in excess of the following noise levels measured at a distance of twenty-five (25) feet from
any property line and made when the wind velocity at the time and place of such
measurement is not more than five (5) miles per hour is hereby declared to be a
unreasonable noise and is unlawful:
Zoning Districts 7:00 a.m. to 7:00 p.m. to
Estes Valley Development Code next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A)
RE-1, RE, E-1, E,
R, R-1, R-2, RM
Commercial 60 db(A) 55 db(A)
A, A-1, CD, CO, 0
Light Industrial 70 db(A) 65 db(A)
CH
Industrial 80 db(A) 75 db(A)
I
42
22 Page 32
In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in this
Section may be increased by ten db(A) for a period not to exceed fifteen minutes in any
one-hour period.
2. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado
this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the day of , 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the day
of , 2017.
Town Clerk
43
23 Page 33
Attachment 3
ORDINANCE NO. 24-17
AN ORDINANCE AMENDING CHAPTER 8.06 OF THE MUNICIPAL CODE
RELATING TO UNREASONABLE NOISE
WHEREAS, Chapter 8.06 of the Municipal Code regulates noise levels within the
Town; and
WHEREAS, it is necessary to amend Chapter 8.06 to enable the Town to
effectively regulate unreasonable noise levels within the Town; and
WHEREAS, the Board of Trustees has determined that it is in the best interest of
the Town to amend Chapter 8.06 of the Municipal Code regulating unreasonable noise
within the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Chapter 8.06 of the Municipal Code is amended as more fully set forth on Exhibit
A attached hereto and incorporated herein and by reference.
2. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this I ! 41— day of t . 5% , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
ri Clerk
Page 34
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the 144-w-- day of -4c.3042, , 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of , 2017.
To Clerk
Page 35
EXHIBIT A
Chapter 8.06- NOISE
8.06.010- Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Amplified outdoor music means the use of musical instruments or sound equipment to produce or
amplify sound that is not fully enclosed by permanent solid walls and a roof.
Domestic power equipment means any power equipment rated five horsepower or less used for
home or building repair or grounds maintenance, including but not limited to lawn mowers, garden
tools,snow blowers and chain saws.
Muffler means an apparatus consisting of a series of chambers or baffle plates designated for the
purpose of transmitting gases while reducing sound emanating from such apparatus.
Sound equipment means a loudspeaker, public address system, amplification system, or other
sound producing device.
Sound level means the A-weighted sound level in decibels(d8A).
Unreasonable noise shall mean any sound of such level, intensity or duration as may or tends to be
injurious to human health or welfare, or that unreasonably interferes with the enjoyment of life or
property,or causes damage to any property.
Vehicle means any machine propelled by power other than human power, designed to travel along
the ground by use of wheels, treads, runners or slides to transport persons or property or pull
machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor
scooter,tractor, buggy and wagon.
8.06.020- Noise prohibited.
(1) No person shall make, continue or cause to be made or continued any unreasonable noise; and no
person shall knowingly permit such noise upon any premises owned or possessed by such person or
under such person's control. For purposes of this section, Law Enforcement or Code Enforcement
personnel are empowered to make a prima facie determination as to whether a noise is
unreasonable.
(2) Law Enforcement or Code Enforcement personnel, may, in the determination of whether a noise is
unreasonable, consider factors that include, but, are not limited to:
(a) The time of day;
(b) The size of any gathering of persons creating or contributing to the noise;
(c) The presence or absence of sound equipment; and
(d) Any other factors tending to show the magnitude and/or disruptive effect of the noise.
(3) With regard to vehicles, the determination of unreasonable noise, in addition to the previously
stated factors shall include, but not be limited to:
Page 36
(a) The continuous or repeated sounding of any horn, alarm or signal device of a vehicle, except
where an actual emergency or danger exists. For the purposes of this subsection, "continuous"
shall mean continuing for an unnecessary or unreasonable period of time.
(b) The operation of any vehicle in a manner which causes unreasonable noise as a result of
unnecessary rapid acceleration, deceleration, revving the engine or tire squeal.
8.06.030-Restrictions amplified outdoor music.
It shall be unlawful for any person to make, cause to be made or to permit amplified outdoor music
upon any premises possessed or controlled by such person where such music occurs:
(a) Between the hours of 10:00 p.m., through 10:00 a.m., of the next day except that on Friday
and Saturday nights music is permitted until 11:00 p.m; or
(b) Where any amplified outdoor music exceeds 82 dBA as measured at the premises property
line(s) or any public rights-of-way immediately adjacent to the property from which the
amplified outdoor music originates.
8.06.040-Exceptions.
The prohibitions set forth in subsection 8.06.020(1)shall not apply to sound from:
(a) Any bell or chime from any building,clock,school or church;
(b) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used
in case of fire, collision,civil defense, police activity or other imminent danger;
(c) Aircraft which are operated in accordance with federal laws or regulations;
(d) Town authorized or sponsored events including, but not limited to, parades, fireworks
displays,concerts,and events at Stanley Park;
(e) Any domestic power equipment,except as provided within this subsection,operated upon any
residential, commercial, industrial or public place between 7:00 a.m. and 9:00 p.m.;
(f) Any construction, maintenance,or repair activities between 7:00 a.m.and 9:00 p.m.;
(g) Activities directly connected with the abatement of an emergency;
(h) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for
the purpose of snow removal;
(i) Noise generated from golf course maintenance equipment.
8.06.050-Exhaust, mufflers.
No person shall discharge the exhaust of any steam engine, internal combustion engine, air compressor
equipment, motor boat, or other power device which is not equipped with a properly maintained
exhaust system with a muffler or a spark arrestor. It is unlawful for any person to operate a muffler or
exhaust using a cutout, bypass or other similar device.
Page 37
Page 38
EP
L
TOWN o ESTES PARK
Iiiture Town Board Study Session Agenda Items
June 11, 2024
June 25, 2024 Items Approved — Unscheduled:
• Trailblazer Broadband Construction • Arborist Licensing
Update • Annexation and Re-Implementation of
• Next Steps for the Town-Owned Parcel at Joint Planning Area
Elm and Moraine • Parking Enforcement Ordinance Updates
• Commercial/Residential Insurance •
Liquor License Process
Overview • Curb and Gutter Philosophy
• Hosted Short Term Rentals
September 10, 2024 • Governing Policies Updates
• Project Scoping for Capacity • Stanley Park Master Plan Implementation
Improvements on the Big Thompson River
& Fall River Items for Town Board Consideration:
• Update on New Location for Police
Department
Page 39
F