TC Ord. No. 26-01 Repealing Section 3.040.100, "Impact Fee Schedule", of the Avon Municipal CodeA
Avon
C O I. O R A 0 0
ORDINANCE 26-01
REPEALING SECTION 3.40.100, "IMPACT FEE SCHEDULE," OF THE AVON
MUNICIPAL CODE
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 3, Chapter 3.40
of the Avon Municipal Code ("Code"), regarding Impact Fees and, more specifically, Section
3.40.100, concerning the impact fee schedule for fire protection and emergency medical services
within the Town of Avon; and
WHEREAS, in 2024, pursuant to Senate Bill 24-194, C.R.S. 29-20-104.5 and 32-1-1002,
concerning the authority to impose an impact fee to fund fire protection and emergency services,
was amended to grant such authority exclusively to fire protection districts and ambulance
districts; and
WHEREAS, in May of 2025, the Town entered into an Amended Intergovernmental Agreement
with Eagle River Fire Protection District ("ERFPD") "to incorporate the Fire Impact Fees,
incorporate changes based on Senate Bill 24-194, and to provide for an automatic annual
increase beginning January 1, 2026, based on the percentage increases in the Consumer Price
Index.";
WHEREAS, Council now wishes to repeal Section 3.4.100 of Title 3 to simplify the Code since
ERFPD has the established and exclusive authority to directly impose impact fees on the
construction of new buildings, structures, facilities, and improvements; 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.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 1 of 4
Section 2. Repealing Section 3.40.100 of the Avon Municipal Code. Section 3.40.100 of
the Avon Municipal Code is hereby repealed in its entirety as follows:
Nil1. MOM
_ .y!
Size of Water- Meter-
impiket Fee
14 ineh
$1,701
-Ines
$2,892
4
2
$9,016
3 hieh
$18,713
4 4neh
$28,290
6 ineh
$ c�8
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 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.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 2 of 4
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 Existina 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.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 11, 2026 and setting such public hearing for
August 25, 2026 at the Council Chambers of the Avon Municipal Building, located at
Hundred Mikaela Way, Avon, Colorado. .\pWN OFry�
BY:
TVmra N. Underwood, Mayor
ATTEST:
Miguel Jauregld6 Qvasanueva, Town
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August
25, 2026.
BY:
Vt�/( '?Aa
TiVrnra N. Underwood, Mayor
APPR
utyTown Attorney
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 4 of 4
ATTEST:
Miguel Jauregui