TC Ord. No. 25-19 Amending Title 7 Section 7.28.050 Landscaping of the AMCORDINANCE 25-19
AMENDING TITLE 7 SECTION 7.28.050 LANDSCAPING
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority, and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon ("Applicant' or "Council") has
submitted a Code Text Amendment ("CTA") application to modify aimed at modifying and
updating specific provisions of Avon Code Section 7.28.050 Landscaping to comply with
directives from Colorado State Bill S1324-005; and
WHEREAS, the proposed CTA language modifying and updating specific provisions of Avon
Code Section 7.28.050 Landscaping is Exhibit A of this Ordinance; and
WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC") considered all
comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings
of Fact and made a recommendation to the Town Council to approve the Application after
publishing and posting notice as required by law, and conducting a public hearing on October 20,
2025; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision -
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of Avon
Municipal Code ("AMC") Section 7.16.020(d), Step 4: Notice, Council held a public hearing
and prior to taking final action considering all comments, testimony, evidence, and Town Staff
reports; and then took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has
considered the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application also complies with AMC §7.16.010, General Criteria; and
WHEREAS, based on the acceptance of certain findings as presented for the applicable AMC
Sections, the Council has approved this application; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing to provide the public an opportunity to present testimony and evidence regarding
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the Application, and, that approval of this Ordinance on First Reading does not constitute a
representation that the Council, or any member of the Council, supports, approves, rejects, or
denies this Ordinance prior to any final action prior to concluding the public hearing on second
reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
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. Code Text Amendments. AMC §7.16.015 and AMC §7.20.075, are hereby
amended as depicted in "Exhibit A —Code Text Amendments" depicting the language to be
added or amended.
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 has 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 4. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 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 Existim 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
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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. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
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 11, 2025 -and setting such public hearing
for November 18, 2025, at the Council Chambers of the Avon Municipal Building, located at
One Hundred Mikaela Way, Avon, Colorado.
B ATTEST:
mra N. lUinderwood, Mayor Miguel Jaure /asanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
November 18, 2025
ATTEST:
ra N. Underwood, Mayor Miguel Jaure,$(,uif asanueva, Town Clerk
Z
V
Attorney
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7.08.10 General Definitions
Artificial Turf means a product comprised of synthetic materials developed to resemble natural grass,
Turf means vegetation that is comprised of continuous, nonnative or non -arid hybridized grass (or natural
grass) that is regularly mowed and forms a dense root structure.
7.28.050 Landscaping.
(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) Conserves limited water resources by prescribing acceptable water irrigation design budgets;
(4) Limits functional and nonfunctional turf grass to designated use areas and properties in Avon;
(45) Reduces water use and off -site impacts which can affect the Eagle River;
(5G6 Reduces the amount of reflected glare and heat absorbed in and around developments;
(5Z) Breaks up large expanses of parking lots; aPA
(78) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses;
(9) Decreases potential wildfire hazards while increasing wildfire resiliency in Avon; and,
(10) Encourages use of native plant species applicable to Avon.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment as
provided in Subsection 7.28.010(b).
(1) Landscape plans for multi -family and commercial properties shall be designed by a licensed
landscape architect, QWEL certified professional, or a professional landscape designer, unless
otherwise specified. Inspection and compliance with approved landscape plan must be obtained
prior to issuance of a certificate of occupancy.
(2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with
an existing irrigation system, may require a combined assessment of the total irrigated area and
water use as part of the development permit review.
(c) Landscape Design Irrigation Budget.
(1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total
irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5
gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of
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the Director of Community Development, an increase in the landscape design irrigation budget
to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or
more of the following landscaping design elements to incentivize health landscapes:
(i) Non irrigated protected native vegetation.
(ii) Ecological restoration areas.
(iii) Non -irrigated permeable areas.
(iv) Stormwater conveyance infrastructure.
(d) Plant Material and Water Need
(1) Aside from the use of invasive and/or noxious plant species, a4vp ost native plants can be
utilized in a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires
each plant to be classified as low water, medium water, or high-water use. These categories are
necessary for calculating the plant water need. An estimate of the plant water needs in gallons
per square foot per season, must be provided for any proposed vegetation in the proposed
landscaping design.
(2) Each hydrozone shall plant materials with similar water use.
(3) Plants shall be selected and planted appropriately based upon their compatibility factor and
adaptability to the climatic, soils, wildfire ignition potential, elevation, and topographical
conditions of the project site. To encourage efficient use of water, the following are highly
recommended:
(i) Protection and preservation of native species and natural vegetation to the greatest extent
practicable.
(ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance.
(iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface
roots) to minimize damage to property or infrastructure.
(iv) Consideration of the solar orientation and type of plant with plant placement to maximize
summer shade and winter solar gain.
(v) Consideration of wildlife. The Town of Avon does not recommend use of fruit -bearing
vegetation that may increase human -wildlife conflicts. Any damage resulting from wildlife
foraging on fruit -bearing landscaping material is the responsibility of the property owner.
(4) Protected native vegetation areas without irrigation are incentivized through the landscape
design irrigation budget calculation.
(5) Invasive and/or noxious plant species are prohibited.
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(6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be
implemented on steep slopes.
(7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper
than 6 inches (6") and must be as far from tree trunk as practically possible. Do not cut roots
larger than four inches (4") in diameter (dig under or around).
(8) Stormwater management practices minimizes runoff and increases infiltration which recharges
groundwater and improves water quality. The implementation of stormwater best management
practices like use of bioswales in landscape and site plans is encouraged.
(9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget
calculation. The following treatments associated with the landscape and described in the
drainage report will have the following hydro zone values:
(i) Non -irrigated permeable surfaces without plants are incentivized through the landscape
design irrigation budget calculation.
(ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated
bioswales shall apply a plant factor value representing the plantings with an efficiency
value based on the irrigation method. These areas are incentivized through the landscape
design irrigation budget calculation.
(10) Project applicants shall refer to the Town of Avon Engineering Department for information on
any applicable stormwater ordinances and stormwater management plans.
(e) 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) Walls, boulders, fencing, or a combination of design elements that support the intention of
creating a buffer, may be substituted for required shrubs.
(4) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(5) Mechanical equipment, permanent detention and temporary erosion and sedimentation control
basis are prohibited in the buffer area.
(6) Utility easements should avoid being placed in the long dimension of a buffer yard.
(7) Wherever practical, pedestrian access shall be placed through the buffer yard.
jD Functional and Nonfunctional Living Turf Grass and Artificial Turf
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(1) Applicability. The installation, planting, or placing, of any nonfunctional turf, nonfunctional
artificial turf, or invasive plant species, as part of all new development projects or redevelopment
projects including residential, common interest community properties (multi -family or those
areas with an owner's association), commercial, institutional, or industrial properties are
prohibited, unless exceptions are provided in this section for residential properties without a
common interest or common interest areas, and other nonresidential areas as specified.
(2) Functional or Essential Turf Grass. Functional or essential turf grass located in recreational use
areas or other spaces that are regularly used for civic, community, or recreational purposes is
permitted. More specifically, this typically irrigated turf grass may be used for essential areas
and or uses associated with parks, sports fields, playgrounds, picnic grounds, amphitheaters or
similar, and in reasonable and limited portions of residential yards.
(3) Nonfunctional or Nonessential Turf Grass. Nonfunctional or nonessential turf grass areas
include but are not limited to medians; parking lots, transportation corridors; areas sloped with
more than a twenty-five percent grade; commercial, institutional, or industrial properties; areas
that are neither designed nor used for passive or active recreational uses,
M Use of Kentucky Bluegrass is prohibited in nonfunctional or nonessential areas of Avon.
(ii) Nonfunctional or Nonessential Turf does not include turf that is designated to be part of a
water quality treatment solution.
(4) Artificial Turf. Artificial or synthetic turf is permitted only in areas delineated or associated with
playground equipment, uses like mini -golf facilities, or for use on recreation fields. It is
prohibited to use artificial turf as a substitute or replacement in live landscaping areas on all
residential and commercial properties.
(fg) Wildland Urban Interface. All landscaping improvements installed after the effective date of these
regulations must comply with any WUI policies, plans, or codes, as adopted and amended by the
Avon Town Council.
(1) Avoid fire -prone plant materials and highly flammable mulches and design landscaping per its
wildfire hazard potential. Landscaping design plans for projects in fire -prone areas shall address
fire safety and prevention. Further, all landscape plantings for properties in a potentially
moderate or high wildfire hazard zone must be predominantly Firewise or placed per best
wildfire practices for planting within 30 feet of a residence.
(i) 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not be
planted within the first five feet of any structure. Landscaping in this zone may include
hardscaping such as on -grade patios, walkways, driveways, or similar; non-combustible
mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover.
(ii) 5+ feet from a residence Trees planted immediately adjacent to the five-foot zone that
encroach within five feet of a residence should be limbed up to a height of six feet or one-
third the total height whichever is less and should be trimmed or pruned to leave at least a
two -foot gap between the nearest branch and the building. New installations of trees or
similar vegetative materials should be placed no closer than 10 feet from a structure.
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(2) Wildfire mitigation is permitted within areas classified or restricted as non -developable.
Proposed mitigation in these areas must be approved by the Town of Avon.
(gh) Road Right -of -Way. Landscaping outside of necessary revegetation materials used for erosion control
or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any
right-of-way.
(1) Landscaping placed adjacent to road -right-of-way may not encroach into actual road -right-of-
way. Encroaching landscaping may be removed by Town of Avon.
(2) Approved address markers may be placed in road -right-of-way with permission.
(#i) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation
and non -vegetative alternatives (e.g., boulders) to create creative installations with varying heights.
Table 7.28.7 Landscape Materials - Size and Area Requirements
Landscape Material
Evergreen Tree
minimum 1.5" Caliper
Deciduous Tree
minimum 1.5" Caliper
Shrubs
minimum 5-gallon
Perennials / ground cover
minimum 2.5 Qt or 1-gallon
Annual flower bed
No minimum plant size Calculated by area
Low-water or'Mountainscape' ground cover
No minimum plant size (Calculated by area using
mature width ofplants)
Earthen berm
minimum 18" high
Shredded bark or 2" - rock mulch such as river
rock
Ornamental pavers
not to exceed 50% Calculated by area
Permeable Pavement
not to exceed 50% Calculated by area
Landscape boulders
3' or greater in height
Rockery
No minimum plant size Calculated by area
Crevice Garden
No minimum plant size Calculated by area
Seatinq
No minimum Calculated by area
Landscape lighting, sculpture, art, and/or
sheltering structure/landmark, rain garden,
bioswale„ use of recycled and/or repurposed
materials
No minimum plant size (Calculated by area)
Low-water native vegetation as defined by CO
Native Plant Society CoNPS
No minimum plant size (Calculated by area)
CoNPS Certified Native Garden "Bronze"
No minimum plant size Calculated by area
CoNPS Certified Native Garden "Silver"
No minimum plant size Calculated by area
CoNPS Certified Native Garden "Gold"
No minimum plant size Calculated by area
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(+j) Plant selection shall emphasize low-water native mountain region vegetation ('Mountainscape') and
shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes,
shall include a designed irrigation system.
POMMMM
7.28.050(I)
(5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original
location. It may not be possible to remove the dead vegetation in its entirety due to erosion or
similar concerns. Dead vegetation may be replaced with non -vegetative materials (e,g,, a
boulder, art/sculpture, etc,), upon approval of the Director. Non-native vegetation or vegetation
classified as an invasive plant species shall be replaced with native vegetation.
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