TC Ord. No. 1980-08i 6
TOWN OF AVON
ORDINANCE NO. 8
SERIES OF 1980
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN
OF AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE
MEANING OF SUBDIVIDING: TO LIMIT EXEMPTION FROM SUBDIVIDING
REQUIREMEFTS TO FOUR TENANTS IN COMMON; TO DEFINE TIME-SHARING;
TO MARE REQUIREMENTS WITH RFSPECT TO TIME-SHARING SUBDIVISIONS
AND CONVERSIONS; AND TO ADD A FORA? FOR CERTIFICATES FOR AMENDED
PLATS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
AS FOLLOWS:
Section 1. Amendment.
Paragraph 1.08.01, Section 1.08, Ordinance No. 9, Series
of 1979, is amended to read as follows:
"The terms "subdivision" and "subdivided land" as defined
herein shall apply to any division of land. If a tract of land
which has been subdivided in the past is later described as a
single tract in deeds or plat by the legal or equitable owners
thereof, any later subdivisions of that tract, even if along the
lines of the earlier subdivision, shall be subject to the require-
ments of these regulations. Further, if anv tract of land has been
subdivided as one type of subdivision and thereafter is subdivided
so as to create a different type of subdivision (for example, con-
version of a condomininium subdivision to a time-sharing subdivision),
such conversion shall be subject to the requirements of these reg-
ulations."
-1-
0 0
Section 2. Amendment.
Subsection (e), paragraph 1.08.02, Section 1.08,
Ordinance No. 9, Series of 1979, is amended to read as _follows:
it (e) is created by the acquisition of an interest in
land in the name of a husband and wife or other persons in joint
tenancy, or as tenants in common of such interest. For purpose of
this paragraph, any interest in common owned in joint tenancy
shall be considered a single interest."
Section 3. Amendment.
Section 1.11, Ordinance No. 9, Series of 1979, is amended
to read as follows:
" TO SUBDIVIDE
To make a disposition of land which is defined herein
as a subdivision, subdivided land, condominium subdivision,
specially planned area and/or planned unit development subdivision,
minor subdivision, duplex subdivision or time-sharing subdivision."
Section 4. Amendment.
Section 1.12, Ordinance No. 9, Series of 1979, is amended to
read as follows:
SUBDIVIDER
" A person who makes a disposition of land which is defined
herein as a subdivision, subdivided lands, condominium subdivision,
specially planned area and/or planned unit development subdivision,
minor subdivision, duplex subdivision or time-sharing subdivision."
Section 5. Amendment.
Ordinance No. 9, Series of 1979, is amended by the addition
of a Section 1.24 to read as follows:
" 1.24 TIME-SHARING SUBDIVISION
A proposed subdivision of any parcel or lot of land or
condominium unit, whether fee interest, leasehold or contractual
-2-
0 0
right, whereby more than four persons (ownership of an interest in
joint tenancy by two persons being considered one person for the
purpose of this section) are entitled to the use, occupancy or
possession of such lot, parcel or unit according to a fixed or
floating time schedule occurring periodically over any period of
time (the use, occupancy or possession of each person being ex-
clusive of that of the others). Such subdivision shall include,
but not be limited to a time-share estate as defined in Section
38-33-110, Colorado Revised Statutes (1973), as amended."
Section 6. Amendment.
Section 2.01, Ordinance No. 9, Series of 1979, is amended
to read as follows:
PURPOSE
These subdivision regulations are intended and designed
to protect the health, safety and welfare of the citizens of
the Town of Avon by providing for orderly, controlled development;
by requiring disclosure to purchasers of unknown risks; and by
establishing minimum standards for the design of land subdivision
projects to insure that all public and private facilities, in-
cluding streets and other forms of access, drainage, water supply
and sanitation improvements necessary to support human occupation
on the land are provided while also protecting the land form,
streams, and vegetation from the effects of excessive earthwork
and deforestation resulting in extensive erosion and other forms
of environmental deterioration. To assure attainment of these
objectives, it is necessary that each subdivision be planned in an
efficient and economical manner.
The subdivider agrees to save the Town, its officers, em-
ployees and agents harmless from any and all costs, damages and
liabilities which may occur or be claimed to occur by reason of
-3-
9 9
any work performed upon any subdivision platted under these
regulations.
This ordinance shall not be construed as imposing upon
the Town or any official or employee of the Town any liability
or responsibility for damages of any kind to any person by
reason of these Subdivision Regulations.
Section 7. Amendment.
Ordinance No. 9, Series of 1979, is amended by the addition
of a Section 4.06 to read as follows:
" 4.06 TIME-SHARING SUBDIVISION
Time-sharing subdivisions as defined in Section 1 of
these Regulations shall adhere to the procedure for division
review as well as the following further requirements:
4.06.01 Satisfactory evidence must be furnished to
the Town Council that prospective purchasers will be provided a
disclosure statement including, but not limited to, the following:
(a) a first-year budget including any reserves for
maintenance and replacement and the projected common expense of
each time-share unit.
(b) any services to be provided by the developer.
(c) a description of any liens or incumbances affecting
the time-share unit.
(d) the terms of any limitation on any warranty to be
given by the developer.
(e) a statement that any deposit made in connection with
the purchase of a time-share will be held in an escrow account
until closing of a transaction.
(f) any restraints on alienation of a time-share.
(g) a description of insurance coverage.
(h) the extent to which one time-share unit may become
subject to a tax or other lien arising out of claims against or
the tax liability of other owners of the same time-share unit or
other units.
-4-
s •
(i) description of any program for the exchange of
occupancy rights with owners of other time-share units including
whether such program is mandatory.
(j) a statement that in any transfer of the developers
interest to any third person, the third person shall assume the
obligations of the developer.
(k) a statement of any rights of cancellation of pur-
chasers and whether the same may be waived.
4.06.02
In the case of any conversion of a multiple dwelling
unit or condominium subdivision to a time-sharing subdivision,
the Town Council shall be provided with satisfactory evidence
that such conversion will not have a detrimental effect on the
availability of long-term rental housing or accommodations in
the Town."
Section 8. Amendment.
Subsection (f), paragraph 4.03.01, Section 4.03, Ordinance
No. 9, Series of 1979, is amended by the addition of a subparagraph
(8) to read as follows:
" (8) A statement whether or not lots or, in the case of
a condominium subdivision, units may be converted to time-sharing
units."
Section 9. Amendment.
The Appendices to Ordinance No. 9, Series of 1979, are
amended by the addition of a form C-1 to read as follows:
-5-
C-1 TOWN CERTIFICATE
E
(AMENDED PLAT):
" This Plat, including vacation of any lot lines,
easements and rights of way, previously dedicated and not
dedicated hereon, is approved by the Town Council of the Town
of Avon, County of Eagle, Colorado this day of
A.D., for filing with the Clerk and Recorder of this County of
Eagle and for conveyance to the town of the public dedications
shown hereon, the same to supercede the prior Plat; subject to
the provision that approval in no way obligates the Town of Avon
for financing or construction of improvements on lands, streets or
easements on lands, streets or easements dedicated to the public
except as specifically agreed to by the Town Council and further
that said approval shall in no way obligate the Town of Avon for
maintenance of streets dedicated to the public until construction
of imporvements thereon shall have been completed to the satisfaction
of the Town Council. This plat is hereby adopted as Amendment No.
to the Official Plat for the Town of Avon.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON:
TOWN COUNCIL OF THE TOWN OF AVON
BY:
ATTEST:
Angelo V. Alpi, Mayor
if
Patricia J. Doyle, Town Clerk
Section 10. Saving Clause.
If any part, section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid,
such decisions shall not affect the validity of the remaining
sections of this Ordinance the Town Council hereby declares that
it would have passed this Ordinance in each part, section,
-6-
0 0
subsection, sentence, clause or phrases be declared to be
invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUB-
LISHED ONCE IN FULL, this .J Z day of Q 6 , 1980
and a public hearing on this Ordinance shall be held at the reg-
ular meeting of the Town Council of the Town of Avon, Colorado,
on the 7 day of 1980, at 7:30 P.M.
in the Municipal Offices of the Town.
Y
gel V. Alpi, yor
ST:
Patricia J. le, To Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this c 7-Z It day of
This Ordinance will become effective on
1980.
, 1980.
AnVe to V/. Alpi, ay r
ATTEST: \
. ZIL - Q ."j Lk-4.
Patricia J. Do e, To Clerk
-7-
0 0
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
TOWN OF AVON, COLORADO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 27th DAY OF
MAY, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO.#80-8, SERIES OF 1980:
AN ORDINANCE AMENDING THE SUBDIVISON REGULATIONS OF THE TOWN OF
AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE MEANING
OF SUBDIVIDING; TO LIMIT EXEMPTION FROM SUBDIVIDING REQUIREMENTS
TO FOUR TENANTS IN COMMON; TO DEFINE TIME-SHARING; TO 14AKE
REQUIREMENTS WITH RESPECT TO TIME-SHARING SUBDIVISIONS AND
CONVERSIONS; AND TO ADD A FORM FOR CERTIFICATES FOR AMENDED PLATS.
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice given and published by order of the Town Council of
the Town of Avon, Colorado.
Dated this 14th day of May, 1980.
i n
Town Clerk ✓(_/(1\
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MAY 15, 1980.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST
OFFICE,
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION: AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER