TC Ord. No. 24-16 Amending Chapter 27 of Title 15 to Update Avon's Exterior Energy Offset Programn
Avon
COLORADO
ORDINANCE 24-16
AMENDING CHAPTER 27 OF TITLE 15 TO UPDATE
AVON'S EXTERIOR ENERGY OFFSET PROGRAM
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 ("Avon'), the Avon Town Council ("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, pursuant to such authority, the Town has previously adopted Title 15 of the Avon
Municipal Code ("Code"), regarding Buildings and Construction and, more specifically, Chapter
27 of Title 15, concerning the Exterior Energy Offset Program ("EEOP"); and
WHEREAS, Council adopted the Climate Action Plan 2020 Update with the stated priority goal
of adopting building code standards that are consistent throughout the region; and
WHEREAS, Council now wishes to amend Chapter 27 of Title 15 of the Code to update
Avon's EEOP, originally adopted in 2015, pursuant to Avon's partnership with the Eagle County
Codes Cohort ("Cohort"); and
WHEREAS, these updates to Chapter 27 of Title 15 of the Code would implement a new
calculator to determine EEOP fees; and
WHEREAS, Avon wishes to remain a leader in Eagle County by adopting policies that support
decarbonization and encouraging sustainable and energy -efficient solutions for energy usage;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
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 Council, or any member of 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 Council.
Section 2. Exterior Eneray Offset Program ("EEOP") Amendments. Council hereby
amends Chapter 27 of Title 15 of Avon Municipal Code, to read as follows, with redline/strike-
out indicating words to be deleted and underline indicating words to be added:
Ord 24-16 Amending Exterior Energy Offset- 2"' and Final Reading
Page 1 of 8
15.27.010 Intent and Purpose.
The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage
sustainable, energy efficient, exterior heating solutions that conserve energy and natural
resources.
15.27.020 Applicability.
The standtirds in this Chnpter apply to fill new residential R3 (single Fatnily, ,
townhouse) and all n * jentin', m*xed use, and/or multi family exterior enerp,
uses -ineludingbHt not limited to snowmelt, spas, and pools.e eomplet d EEOn form
11MJL VL submitted along ♦11L1■ the JUV,eeZ-V lding permit .
Mobile Home units
that are approved by Colorado Department of Housing are exempt.The standards in this
Chapter apply to all new residential and commercial exterior energy use, as defined in the
International Energy Conservation Code, including snowmelt, spas, pools, and outdoor fire
pits/fireplaces. Heat tape used for gutters and roof eaves is not included in this exterior
energy offset program. Credits may be applied for existing and new alternative energy use
systems pursuant to Chapter 15.27.050.
15.27.030 Fees .,.,a E nu Lund Created Scope.
The scone of this Chanter relates to exterior energv uses and enemy production to offset
exterior energy use. Compliance with this section is documented via the applicable version
of the Public Domain tool "ESOP Calculation Sheet" in effect at the time of permit
application, which will be submitted by the applicant with the building permit application.
This tool is available at the Community Development Office and on the Building page at
the Town of Avon website. Proiected energv use, associated enemy offset required, fees.
and credits are defined within this tool.
I
(�Snowmelt over 200 squitre feek I S16.00
® M!
(3-) I Exterior po 1 $136.00 per square foot.
For example, if 500 square feet of Sfloiirmelt was proposed oft a r-esident-al ,
where 200 is exempt, 300 x $16 per square foot - •
15.27.040 - EEOP Fund Created.
Ord 24-16 Amending Exterior Energy Offset- 2"d and Final Reading
Page 2 of 8
(a) EEOP Fund Created
(1) Fees are collected at the time of Building Permit issuance, and are placed in the
Town of Avon EEOP fund to create financial assistance, rebates, and incentives to
promote energy efficient projects elsewhere within the Town of Avon.
All EEOP fees shall be calculated through the "EEOP Calculation Sheet," and
shall apply as of the time of Building Permit issuance. No refund of fee payment
shall be made to an applicant for installation of renewable energy production that
exceeds the on -site renewable credits required pursuant to Chapter 15.27.
An administrative reduction or waiver of EEOP fees may occur when reasonable
alternatives are not available for ADA access. An applicant seeking such
reduction or waiver of EEOP fees shall submit a written statement iustifying their
request at the same time they submit their affected Building Permit application. A
written request for a reduction or waiver of EEOP fees related to ADA access
shall be reviewed, approved, or denied by the Town Manager or their designee in
writing and including the reasoning for such approval or denial.
(2) The EEOP Fund will be utilized as follows:
The Town of Avon EEOP Fund will be managed by the Town Manager or their
designee and such designee may be determined by Resolution of the Town Council of
Avon. Expenditures of EEOP funds shall be used for the following purposes:
(a) To provide energy efficiency and green house gas reduction educational
materials and outreach for Town of Avon residents, businesses, employees, and
building owners including, but not neeessar-ily limited to, printed guides, efficient
building educational events, a webpage with available resources, links, and
information.
(b) Planning, design, and implementation of renewable energy generation projects.
(c) Providing a community grant and/or rebate program for energy efficiency
enhancements or renewable energy generation projects.
(d) Funding other resources and administrative costs associated with energy
efficiency, renewable energy generation and green house gas reduction
programs, proiects and policies. green building and environmental
sustainability oriented efforts.
(e) Eligible expenditures which support Community Housing proiects may be
prioritized in Council's discretion.
that positively affeet oeeupants of Wen! affordable housing or- low ifteome
residents in crown of Avon
Ord 24-16 Amending Exterior Energy Offset- 2"d and Final Reading
Page 3 of 8
15.27.050 Exterior Energy Use Requirements and Credits.
(a) Exterior Energy Uses. Residential, Commercial, and Governmental exterior energy- uses
(per list below) may be installed only if the building project meets the requirements of
Section 15.27.050. The completed "ESOP Calculation Sheet" must be submitted along with
the subject building permit application seeking installation of such exterior energy uses.
Exception: Mobile Home units approved by the Colorado Department of Housing
are exempt.
1. Snowmelt (i.e.: driveways, patios, walkways, or similar surfaces).
Exception:
L Snowmelt systems 200 sq ft or less.
2. Exterior pools.
3. Exterior spas.
Exception:
i. Exterior spas 64 sq ft or less.
4. Outdoor fireplaces.
(b) Snowmelt Systems. All snowmelt systems shall be installed in accordance with the
following provisions. The first 200 square feet of snowmelt are exempt from the
requirements of Section 15.27.050.
1. The maximum area of snowmelt is capped at 6,000 square feet per parcel.
2. R-15 insulation shall be installed under all areas to be snowmelted.
3. Automated controls that have the following capabilities:
a. Limit operation to only when moisture is present;:
b. Limit operation to when the outdoor air temperature is between 20 and 40
degrees F;.
c. Be configured to shut the system off when the surface temperature is above
50 degrees F;- and
d. I_d_ing shall only be permitted for commercial applications where public
safety is shown to be a factor.
Ord 24-16 Amending Exterior Energy Offset- 2n' and Final Reading
Page 4 of 8
4. Snowmelt heating appliances such as, but not limited to, condensing boilers shall
have a minimum efficiency of 92% AFUE. Electric resistance and heat pump
heaters shall be permitted. Where condensing boilers are used, the boiler supply
water temperature shall be a maximum of 130 degrees F to allow for efficient boiler
operation.
(c) Exterior Pools. All exterior pools shall be installed in accordance with the following
provisions.
1. Pool covers are required for all pools, with a minimum R-value of 2;:and
2. Pool heating appliances shall have a minimum efficiency of 92% AFUE. Electric
resistance and heat pump heaters shall be permitted. Where condensing boilers are
used, the boiler supply water temperature shall be a maximum of 130 degrees F to
allow for efficient boiler operation.
(d) Exterior Spas. All exterior spas shall be installed in accordance with the following
provisions. The first 64 square feet of spa are exempt from the requirements of section
15.27.50.
1. Spa covers are required for all spas, with a minimum R-value of 12.
2. Spa heating appliances shall have a minimum efficiency of 92% AFUE. Electric
resistance and heat pump heaters shall be permitted. Where condensing boilers are
used, the boiler supply water temperature shall be a maximum of 130 degrees F to
allow for efficient boiler operation.
(e) Outdoor Fire Pits. Outdoor Fire Pits shall be on a timer that does not exceed 60
minutes.
(f) Credits for Exterior Energy Use. Applicants may apply for a credit to reduce the
exterior energy use offset by producing on -site renewable energy, using all -electric energy
efficient technologies, and/or utilizing the Avon waste water treatment plan heat recovery
system. Credits shall be calculated and applied per the "EEOP Calculation Sheet" for
energy generated and systems installed onsite. Renewable energy methods listed in the
calculator include: solar photovoltaic panels, solar thermal arrays, battery storage, and
hydroelectric and wind power. High efficiency heating systems listed in the calculator
include: ground source heat pumps (GSHP) and air source heat pumps (ASHP). Provision
for alternative method calculations, including off -site renewable energy methods, is also
provided, and will require specific review and approval by the Building Official.
1. Solar Photovoltaic Systems. System designer/installer shall be certified by COSEIA
Ord 24-16 Amending Exterior Energy Offset- 2"d and Final Reading
Page 5 of 8
(Colorado Solar Energy Industries Association) NABCEP, (North American Board
of Certified Energy Practitioners), or a licensed Professional Engineer in the State
of Colorado.
2. Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of
collector area unless otherwise approved by the Building Official. Systems larger
than this limit will be considered but will require documentation showing year-
round utilization of this larger system.
3. Ground Source Heat Pump. In order to use a ground source heat pump (GSHP)
for on -site renewable credit, the GSHP system must supply at least 20% of the
peak load for heating the building and all the exterior energy uses. Each GSHP
system shall be tested and balanced and the design engineer shall certify in writing
that it meets or exceeds a design coefficient of performance of 3.0 inclusive of
source pump power. Design conditions for determining COP will be: 30F ground
loop temperature measured at the GSHP inlet and 110F GSHP load side outlet.
The ground loop system must be designed by a CGD (Certified GeoExchange
Designer) certified by the Association of Energy Engineers, a Professional
Engineer licensed in the State of Colorado, or an IGSHPA (International Ground
Source Heat Pump Association) certified designer. The mechanical system must be
installed by a certified IGSHPA contractor.
4. Battery Storage. On -site battery storage can be used as a credit only in conjunction
with use of a solar photovoltaic system of any size.
5. Avon Wastewater Heat Recovery System. Credits for utilization of Avon's
Wastewater Heat Recovery System shall be determined on a case -by -case basis.
6. Other Technologies. Credits for the use of other technologies which use renewable
energy sources or otherwise reduce greenhouse gas emissions shall be determined
on a case -by -case basis.
15.27.5060 Severability Provision.
Should any provision of the EEOP be declared by a court of competent jurisdiction in any final
judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall
be deemed deleted and the remaining provisions of such Code shall remain in full force and
effect.
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. 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
Ord 24-16 Amending Exterior Energy Offset- 2"1 and Final Reading
Page 6 of 8
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 Avon.
Section 4. 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. The updated
requirements set forth in this Ordinance shall apply to all Building Permits submitted to Avon on
or after February 13, 2025.
Section 5. 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 6. 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 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. 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 by the Avon Town Council on November 12, 2024, and setting such public hearing
for January 14, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on January
14, 2025.
Ord 24-16 Amending Exterior Energy Offset- 2"d and Final Reading
Page 7 of 8
SIGNATURE PAGE FOLLOWS
N OF AI�C�)
BY: 1, LZ
TaiVra Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTEST:
Miguel Jauregui Casa a, Town
Ord 24-16 Amending Exterior Energy Offset- 2"d and Final Reading
Page 8 of 8