TC Ord. No. 2017-12 Approving Code Text Amendments to Title 7 & Title 8cwt
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TOWN OF AVON
ORDINANCE 17-12
APPROVING CODE TEXT AMENDMENTS TO TITLE 7:
DEVELOPMENT CODE; AND
TITLE 8: HEALTH AND SAFTY,
AVON MUNICIPAL CODE
WHEREAS, the Avon Town Council initiated an application ("Application") to amend the
text of the Avon Development Code ("ADC") in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Avon Planning & Zoning Commission ("PZC") held a public hearing on
August 15, 2017, after publishing and posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff, considered such
information prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on August 22,
2017, and September 12, 2017 after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria, and specifically finds that the text amendment is
necessary or desirable to respond to changed conditions, new planning concepts or other social
or economic conditions and promotes the health, safety and general welfare of the Avon
community;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
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Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 7.08 Definitions. The definition of Accessory Structure
and Accessory Use is amended to read as follows, with c*'�'7T1'ike oGTt indicating language to be
deleted and underline indicating language to be adopted:
"Accessory structure means a subordinate building owe, that is located on the same lot on
which the main building owe is situated and which is reasonably necessary and incidental to
the conduct of the primary use of such building or main use.
Accessory uses are uses of land that are found on the same parcel as the principal use but are
subordinate and incidental."
Section 3. Amendment to Chapter 7.08 Definitions. The definition of Hydrozone is
hereby included to read as follows:
"Hydrozone means a cluster of plants with similar water requirements to improve the
efficiency and avoid overwatering."
Section 4. Amendment to Section 7.28.050 Landscaping. Section 7.28.050 Landscaping is
hereby amended as follows, with strike out indicating language to be deleted and underline
indicating language to be adopted:
"(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the
Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Respeets the limitations and best use ^Conserves limited water resources;
(4) Reduces water use and off-site impacts, which can affect the Eagle River;
(5) Reduces the amount of reflected glare and heat absorbed in and around developments;
(66) Breaks up large expanses of parking lots; and
(67) Preserves residential neighborhoods by lessening the impacts of potentially incompatible
uses.
(b) Applicability. This landscaping Section shall apply to all new development and
redevelopment as provided in Subsection 7.28.010(b), Applicability. Applicability of the
provisions of this Section shall be as indicated in Table 7.28-6 below.
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(c) Required Landscaped Area. Minimum landscaped area and maximum irrigated area for
each zoning district shall be as indicated in Table 7.28-6, below.
Table 7.28-6
Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
;Minimum Landscaped i
Zoning Districts Area Maximum Irrigated
1 ,o, r -. o,--, (% of Landscaped Area)
P, PF, OLD , 0
Area
20 20% of area up to 5,000
square feet
20 20% of area up to 5,000
square feet
n/a
(d) Landscape Buffer. The following regulations apply to properties where a nonresidential
district or use abuts a residential district or use:
(1) A minimum fifteen -foot -wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate
the differing uses.
(3) New trees and shrubs shall be evenly spaced at planting.
(4) A solid masonry wall, minimum six (6) feet in height, may be substituted for required
shrubs.
(5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs
planted on the residential side of the fence.
(7) Mechanical equipment, permanent detention, and temporary erosion and sedimentation
control basis are prohibited in the buffer area.
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(8) Utility easements should avoid being placed in the long dimension of a buffer yard.
(9) Wherever practical, pedestrian access shall be placed through the buffer yard.
(e) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping
shall be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped
area, whether irrigated or not. At least twenty-five percent (25%) of all required landscape units
shall be provided as trees. Significant landscaping features (trees, etc.) within utility easements
will not earn landscaping units. The following table indicates the landscape units awarded for
various preserved or planted landscape materials:
Table 7.28-7
Landscape Units Awarded
Landscape Units
Awarded
Landscape Material _ _
lNewl �- lExistin
y g
{ 'Installed !Retained
Evergreen tree, > 10'ft. high 18— 14
Evergreen tree, > 8-10'— t—ft
8
Evergreen tree, 6-8 'ft-. high 6 9
Evergreen tree, < 6' high 1 2
Deciduous tree, > 8" caliper n 10 14
Deciduous tree, > 4-8" caliper 8 11
Deciduous tree, > 2.5-4" caliper 7 9
Deciduous tree, 1.5-2.5" caliper or multi -stem 4 4
Deciduous tree < 1.5" caliper �1
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Shrubs, 5-gallon
1
1.2
Shrubs, 3-gallon
0.8
0.9
Shrubs, 1-gallon
0.5
0.6
f i
Perennials/ground cover
I �
1 per 400 sq. ft.
1
Annual flower bed
1 per 400 sq. ft. i
1 per 500400 sq. ft.
i
'srori ^p;,^o Xeriscape ground cover
Flower basket support
0.2 per basket
Earthen berm, minimum 18" high
0.05 per linear foot
1
Hardscape Material
Units Awarded
Split rail fence
0.20 per linear foot 0 in
Wildridge)
Screening (opaque) fence
0.40 per linear foot 0 in
Wildrid e
Shredded bark or 3"+ rock mulch such as river rock
1 per 500 sq. ft.
Ornamental pavers
1 per 250 sq. ft.
Landscape boulders, 3' or greater in height
1 per boulder
Seating
0.40 per linear foot
Landscape lighting, sculpture, art, water- featufe
As determined by
and/or sheltering structure/landmark, rain garden,
. ,
Director
Retained Existing 14getation—AL s-sLandscape �Bonits Landscaping
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Unit Bonuses Units Awarded
i
300 + sq. ft. of native vegetation 10%
!300 q. ft. with ^ miniEntim of 3 deet , ous trees
,1 (4"�Tor- gFeatei-)-3 ever -green (minimui4-510 0
,feet sigh) „ combination then -eon 80% or more e 50 %
b
of total landscaped area on temporary irrigation
800—+—sq. ftwith ^ mininium of 8 ,ao,.idti us trees
:feet 1,igh) oan),combination thereof
(f) Parking Lot Landscaping. The following landscaping requirements shall be met for all
off-street surface parking lots, e-xeept those inthe W distr;„t, as provided below.
(1) Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for
all parking lots having more than three (3) spaees .,koro the pa -king lot is adja.o„t to a public-
street
owe-ten ,10) spaces.
(ii) The par -king lot perimeter- landseaping shall achieve a i .... of one and two tenths
(1.2) landseape units per lineal foot.
(ii) A minimum of eighty(80) percent of the length of the planting strip shall be used to
screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in
heiaht and may consist of a berm. wall. plant material. or combination thereof.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of the
Director, provided that interior parking lot landscaping applies to both parking lots.
(2) Internal Landscaping:
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(i) Landscape strips shall be installed between the parking rows of every other double row of
parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a
parking row, either within the parking row or at the end of the parking row.
(3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must
be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1)
break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped
areas.
(4) Internal Landscaping Island Design. The intent of internal landscape islands are to
separate pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture.
(iv) Have a minifntim of rn (4) five alto Incorporate deciduous shrubs and one1
deciduous treea minimum of twe and 6ne half (2.5) inch caliper- per- hundred (200) "square
feat. (N') True trees, perennials1 and grasses r ^ ona eolon in each island.
(civ) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum
of fifty percent (50%) nonliving landscaping material. Approved sidewalks are not counted
toward the nonliving landscape material percentage.
(5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate
pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four -foot -wide sidewalk and a six -foot -wide planting strip.
(iii) Meet planting reauirements for interior landscape islands. as outlined above.
dwellingsTC; _dis;tfiet th-At -Al-11-ItS -A or- alley or- lot used far- detaehed residential
,.wed (ing to this Subse^t;.,.,
b
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shade trees may be planted a minimum of ten (10) feet on eenter- along the comman
boundar-y or
(B) A minimum four (4) foot wide planting strip eentaining a low, continuous hedge -a
minimum of thii4y (3 0) inehes tall at installation b
of a double row of ever-gfeen shfubs
planted of thf!ee (3) feet o onto - i a triangular- pattern,
(iii) As applieable, landseaping materials shall be planted on the side of the feaee/wa4l elosest
to the street, alley residential p pe ft.,
The The intefie—zirir'a-sr equifcrments—of S4see oil7.29.050(f), Dar r;„g-b Lat
Landseaping' shall appi), to all pafking areas that meet the applicability standards of that Seetion.
-
(g6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must
be established at street intersections by maintaining a maximum height for shrubs and ground
cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted
in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet
of the ground. All applicable sight distance requirements must be met for parking lot internal
circulation and access points to the public right-of-way.
(hg) Landscaping Standards. All landscaping elements, including but not limited to planters,
retaining walls and berms, must be specifically approved and shall conform to the following
standards:
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WI
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shade trees may be planted a minimum of ten (10) feet on eenter- along the comman
boundar-y or
(B) A minimum four (4) foot wide planting strip eentaining a low, continuous hedge -a
minimum of thii4y (3 0) inehes tall at installation b
of a double row of ever-gfeen shfubs
planted of thf!ee (3) feet o onto - i a triangular- pattern,
(iii) As applieable, landseaping materials shall be planted on the side of the feaee/wa4l elosest
to the street, alley residential p pe ft.,
The The intefie—zirir'a-sr equifcrments—of S4see oil7.29.050(f), Dar r;„g-b Lat
Landseaping' shall appi), to all pafking areas that meet the applicability standards of that Seetion.
-
(g6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must
be established at street intersections by maintaining a maximum height for shrubs and ground
cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted
in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet
of the ground. All applicable sight distance requirements must be met for parking lot internal
circulation and access points to the public right-of-way.
(hg) Landscaping Standards. All landscaping elements, including but not limited to planters,
retaining walls and berms, must be specifically approved and shall conform to the following
standards:
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(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve
and protect existing native vegetation and mature trees. Bonus landseapeLandscape credit shall
be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded,
above, where the Director accepts the existing vegetation as being in good health and meets the
intent of the landscaping requirements of this Chapter.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) On any lot in the RL, RD and RM zoning distriets tha4 has an afea greater- than one
('�) uer-e, n trees or vegetation except for noxious, non-native vegetation or vegetation found
by the Director to be imminently threatening property, at risk of disease due to overcrowding,
posing high fire danger, or potentially encroaching into easements shall be removed outside the
designated site dist ,.i,, nee envelope.
(iii) All native landscaping shall be kept in its native state.
(iv) Significant trees and vegetation that are removed from a ae e op ^N* site shall be
replaced as set forth in this Section.
(A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to the
maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous
tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above
the ground.
(2) When a significant tree is removed f err thee- insideor- outside the designated b,,,;ldi-ng
�rV
envelope,
the developer- shall r-eplaee s:ueh tree on the
either- inside or otitside the
> building
envelope, it shall be replaced on the lot, with a minimum of two (2) trees a minimum height of
eight (8) feet or a minimum caliper of two and one-half (2.5) inches.
(3) Replacement trees shall be maintained through an establislunent period of at least three
(3) years, except that single-family and duplex dwellings shall have an applicable establishment
period of one (1) year. The developer shall Host „ befi ateei g the survival and health of
all replaeement trees during the establisl:Hnent period.
(4) It is the responsibility of the property owner to preserve and maintain any established
significant tree.
dimensions eqtial to or- greater- than the minkffitim dimensions required for- new landseaping trees-
oa
(5) Alternative tree removal guidelines are at the discretion of the Director.
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(2) Protective Fencing During Construction. All vegetation, significant trees and trees
intended for use as credit towards the landscaping and tree protection standards of this
Development Code shall be fenced in accordance with this Subsection before grading or other
land -disturbing activity begins. The Director shall consider existing site conditions in
determining the exact location of any tree protection fencing.
(4i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent
method of fencing at the perimeter of the designated building envelope and a minimum of four
(4) feet in height at the drip line around each tree or group of trees within the building envelope
to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of
any tree.
(2ii) Inspection. All tree and vegetation protection measures shall be inspected and approved
by the Director prior to start of any land disturbing activities. Failure to have protection measures
inspected prior to the commencement of construction is a violation of this Development Code.
(23) Allowed Plant Materials. Proposed materials must be specified on development plans. A
list of permissible plant species that are compatible with various climate zones found in the
Town and that promote water conservation shall be adopted by the Planning and Zoning
Commission and may be amended from time to time. Materials not on the list may be approved
if the Director determines that they are equally or more suitable for local soil conditions, climate
and water conservation goals and would provide the same or better level of visual benefits,_ and
have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are pennitted for use
in the Town.
(34) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-
native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.
(5) Planting Plan Required. All planting plans must note and delineate all planting and sod
areas, and include hydrozones with similar microclimate, soil conditions, slope, and plant
materials with similar water demand. Individual hydrozones that mix high and low water use
plants shall not be pennitted. Hydrozone areas shall be designated by number, letter, or other
designation on the landscape design plan and irrigation design plan.
(6)Irrigation and Watering Requirements.: Plan Required
(i) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum
Landscaped Area and Maximum Irrigated Area by Zoning District. The '.,,,.7s... ping site p!
must identif�, the area of appr-eximate installation of an automatic ir-r4gation system, its
maintenanee and intended uses. All landseape plans must note and delineate all ir-r4gated and
ams.
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(ii) Irrigation Plans shall demonstrate the location of the following:
(A) Backflow prevention devices that protect the potable water supply from contamination by
the irrigation system and comply with local plumbingcodes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point
of connection of the water supply.
(C) Master shut-off valves and flow meters integrated with the automatic irrigation controller
on all projects except irrigation systems that make use of technologies that allow for the
control of sprinklers that are individually pressurized.
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated
landscapes 5,000 sq. ft. or more.
(E) For all nonresidential properties, smart irrigation controllers labeled by U.S.
Environmental Protection Agency's WaterSense Program or with published reports
posted on the Smart Water Application Technologies website are required. If a flow
meter is used, then the controller shall be able to use inputs from the flow meter/sensor to
control irrigation if flows are abnormal.
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or
alter irrigation operation during unfavorable weather conditions or when sufficient soil
moisture is present.
(G)The following table shall be provided on all irrigation plans:
Landscape
Provided
Area , % of Lot/Square Footage
Total irrigated area % of landscaped area/ square footage
'Spray area
% of irrigated area/ square footage
Drip area j % of irrigated area/ square footage (measured as three (3) square feet per
sprinkler head, unless otherwise shown)
(iii) The irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation
water flows onto non -targeted areas, such as adjacent property, non -irrigated areas,
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hardscapes, roadways, or structures. Restrictions regarding overspray and runoff may be
modified if the landscape area is adjacent to penneable surfacing and no runoff occurs or
if the adjacent non -permeable surfaces are designed and constructed to drain entirely to
landscaping_
(B) Conform to the hydrozones of the landscape designplan.
(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the
manufacturer's recommendations.
(D) Meet the required operating pressure of the emission devices using valve pressure
regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps,
or other devices. The pressure and flow measurements identified at the design stage will
be verified prior to the installation of the system.
(E) Meet the requirements set in the American National Standards Institute (ANSI) standard,
ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard authored by
the American Society of Agricultural and Biological Engineers and the International
Code Council and verified by an independent third -party_
(F) Achieve the highest possible sprinkler spacing distribution unifonnity using the
manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall
have a distribution unifonnity of 0.65 or higher using the protocol defined in
ASABE/ICC 802-2014 standard.
(iv) All irrigation shall be redesigned and operated according to the watering schedule
as imposed by the Eagle River Water and Sanitation District (ERWSD).
(iv) nsenser- shall be installed with eaeh „ in4gation system.
(v) Tempo Above ground temporary sprinkler irrigation may be used to re-establish
vegetation on otherwise non -irrigated portions of the landscaped areas; however, such temporary
systems must be removed upon sufficient vegetation establishment as determined by the
Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three
(3) years for trees.
(vi) Soil Amendment
(A)Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a
sandy loam to a depth of at least six (6) inches containing at least five percent (5%)
organic matter by volume.
(B) Amended tree soil should have a minimum planting hole diameter of two (2) times as
large as the root ball diameter. Both topsoil and subsoil layers shall be sandy loam. The
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topsoil shall be at least six (6) inches and have five percent (5%) organic matter by
weight and subsoil shall have at least one to three percent (1 - 3%) organic matter by
weight.
(C) A minimum of four (4) cubic yards of organic matter soil amendment per one -thousand
square feet of landscaped area shall be required as necessary to meet the five percent
(5%) organic matter specification.
(57) Revegetation Required:
(i) All disturbed areas must be adequately reseeded and restored on all projects. A
occupaney and shall r-emain in full for-ee and effeet until the landseaping plan is eampleted,
vegetation is stiffieiently established and stmetur-al best management praetices (BN4Ps), stieh as
silt fenee �cl st.a bases, re removedthe site.
(ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed
organic matter such as, but not limited to, compost, composted horse manure or composted
chopped straw or hay. Straw tackifier or matting on steep slopes is required to prevent soil
erosion. The addition of decomposed organic matter is also required prior to turf installation.
(68) Guarantee of Installation. Required landscape improvements shall be installed prior to
issuance of a certificate of occupancy for all structures. If weather- Eenditiensprevent
installation the property awner- shall post a finaneial guarantee for- the impr-ovements. The
guarantee shall bee -r-elteased upon eonipletion and aeceptanee of the installation of the landseape
(79) Maintenance. All landscape improvements shall be maintained and replaced by the
property owner as necessary. All property owners shall be responsible for maintenance of
landscape improvements within the public ROW between the back of curb or street pavements
and the adjacent property."
Section 5. Amendment to Section 7.28.080 — Fences. Section 7.20.090 — Fences, is hereby
amended to enact a new sub -section (b)(1)(viii) to read as follows:
viii) If a fence is intended to enclose an area containinsi more than 50% edible food
crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet,
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory
structures.
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Section 6. Amendment to Section 8.36.100 — Abatement of noxious weeds. Section
8.36.100 — Abatement of noxious weeds is hereby amended to include a new title and additional
text to read as follows, with strut indicating language to be deleted and underline indicating
language to be adopted:
8.36.100 - Abatement of noxious weeds and diseased trees.
(a) Entry and inspection. The Town shall have the right to enter upon any property
for the purpose of inspection if verbal permission is granted by the property owner to enter
such property. If verbal permission is not granted to the Town by the property owner, the
Town shall have the right to enter upon any property after providing notice to the property
owner by sending such notice via certified mail to the address of record according to the
County Assessor's Office. In addition to sending notice of inspection by certified mail, the
Town may send such notice by other practical means. If, after ten (10) days, the property
owner does not respond or denies access, the Town may seek an inspection warrant in
accordance with Section 35-5.5-108.5(4)(b), C.R.S. Upon obtaining a valid inspection
warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m.
(b) Notice of eradication of noxious weeds. If the Town finds the presence of noxious
weeds upon inspection of the property, the Town shall provide a notice of eradication to
the property owner. The notice of eradication shall be sent by certified mail to the address
of record according to the County Assessor's Office. In addition to sending notice of
eradication by certified mail, the Town may send such notice by other practical means.
The notice of eradication shall name the noxious weeds, shall identify eradication as the
required management objective, shall advise the property owner to commence eradication
efforts with a specified period or condition, shall state the integrated noxious weed
management techniques prescribed in the Town of Avon Noxious Weed Management
Plan and shall advise the property owner that the property has five (5) days from the date
of mailing notice of eradication to submit a plan and schedule acceptable to the Town for
the completion of the management objective.
(c) Eradication of noxious weeds by property owner. Within five (5) days after the
Town sends the notice of eradication, the property owner shall comply with the terms of
the notification of eradication or shall submit a plan and schedule which is acceptable to
the Town for the completion of the management objective. An essential component of any
plan and schedule for completion of the management objective shall be to eradicate
noxious weeds prior to the seasonal time in which such noxious weeds create and disburse
seeds or otherwise spread or propagate.
(d) Notice of correction of diseased trees. If the Town finds the presence of diseased
trees that risk infecting other trees upon inspection of the property, the Town shall provide
a notice stating the existing conditions and the necessary corrections to the property
owner. The notice of correction shall be sent by certified mail to the address of record
according to the County Assessor's Office. In addition to sending notice of eradication by
certified mail, the Town may send such notice by other practical means. The notice of
correction shall identify the impacted trees, shall advise the property owner of the
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management objective within a specified period or condition, and shall advise the property
owner that the property has sixty (60) days from the date of receiving notice of eradication
to submit a plan and schedule that is acceptable to the Town for the completion of the
management objective.
(e) Active treatment or removal of diseased trees by property owner. Within sixty
(60) days after the property owner receives notice of correction, the property owner shall
comply with the terms of the notification of correction or shall subunit a plan and schedule
which is acceptable to the Town for the completion of the management objective. An
essential component of any plan and schedule for completion of the management objective
shall be to limit the spread of infections to other trees and to preserve the aesthetic of the
Town. An owner -proposed treatment or removal plan found by staff to not comply with
the management objective can be appealed in accordance with Section 7.16.160 Appeal.
_(fL_Abatement. In the event the property owner fails to comply with the notice to
er-adieatecorrect the identified --4 issue and implement an appropriate noxious
weed eradication program or correction program for diseased trees, the Town may enter
upon the property, take such actions as deemed necessary to eradicate the noxious weeds_
treat, or otherwise remove diseased tree(s) and abate the public nuisance. The Town may
assess the whole cost of eradication and abatement, including up to one hundred percent
(100%) of inspection, eradication, treatment, and other incidental costs, including but not
limited to administrative and legal costs. In addition, the Town may assess an additional
five percent (5%) of the whole costs of eradication and abatement in accordance with
Section 31-15-401(l)(d), C.R.S. The assessment shall be a lien on the property and may
be certified to the Clerk of the County Treasurer, who shall collect the assessment in the
same manner as other taxes, in accordance with Sections 31-15-401 and 31-20-105, C.R.S.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
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Section 9. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
1
Jenm Fancher, Mayor Debbie Hoppe, own Clerk
ADOPTED ON SECOND AND FINAL READING on September 12, 2017.
BY•
Jenne Fancher, `Mayor
APPROY-1� D AS TO FO
Eric J. Heil, ow AtVorney
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SECOND READING — September 12, 2017
Page 16 of 16
ATTEST:
bie Hoppe, T
Cl(EA
erk L ORA['�'7)