TC Ord. No. 21-03 Amending Chapter 15.16.060 to Permit the Replacement of Existing Solid-Fuel Devices with New-Technology Wood StovesA
Avon
COLORADO
ORDINANCE NO. 21-03
AMENDING AVON MUNICIPAL CODE CHAPTER 15.16.060 TO PERMIT THE
REPLACEMENT OF EXISTING SOLID -FUEL DEVICES WITH NEW -TECHNOLOGY
WOOD STOVES
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Town Council initiated a code text amendment application to permit replacing
non -conforming wood -burning devices that exist in Avon with new EPA -certified devices; and
WHEREAS, the code amendments are in conformance with Avon Comprehensive Plan Policy
G.3.3, which seeks to limit the number and location of wood burning fireplaces and reduce
pollution from existing sources. _
WHEREAS, the Town Council finds that requiring EPA -certified wood stoves will promote the
health, safety and general welfare of the Avon community by improving air quality; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence 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, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
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 Avon Municipal Code Section 15.16.060 — Section 902
Masonry Fireplaces. Chapter 15.16.060 -Section 902.2, Regulations for fireplaces, is hereby
amended to read as follows with underline indicating language to be added:
""902.1 Definitions
New technology dem wood stove means a solid -fuel -burning deviee appliance capable of
burning wood fuel which is certified by the EPA and listed in the Colorado Department of
Public Health and Environment's web page under Air pollution control division, residential
burning information. A new technology dem wood stove is one which has been EPA-
certified and meets the definition of EPA certified wood stove. A new technology deviee
wood stove -shall also include a pellet stove."
902.2 Regulations for fireplaces. One (1) New Technology wood stove shall be permitted
in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new
wood -burning or other solid fuel -burning fireplaces or other similar devices shall be
permitted in dwelling units triplex and greater in size after the ordinance codified in this
chapter becomes effective, except that properties with solid -fuel -burning devices in
existence as of February 25, 2021 shall be permitted to be replaced with one (1) new
technology wood stove."
Section 3. 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.
Section 3. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 4. 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 5. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 6. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
Ord 21-03 Chapter 15 Fireplace January 26, 2021 — FINAL UPDATED
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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 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord 21-03 Chapter 15 Fireplace January 26, 2021 — FINAL UPDATED
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on January 12, 2021 and setting such public hearing for January 26, 2021 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY:
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Sarah Smith Hymes, Mayor
ATTEST:
�U�111 Of ;��,
Brenda Torres, Town Ck'°
ADOPTED ON SECOND AND FINAL READING on January 26, 2021.
B
Sarah Smith Hymes, Mayo
APPROVED AS TO FORM:
Paul Wisor, Town Attorney
i
ATTEST:
Brenda Torres, Town Clerl
Ord 21-03 Chapter 15 Fireplace January 26, 2021 — FINAL UPDATED
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