TC Ord. No. 1981-05ORDINANCE NO. #91-5
Series of 1981
AN ORDINANCE ESTABLISHING A WATERSHED
DISTRICT, WHICH DISTRICT ENCOMPASSES
ALL TERRITORY OCCUPIED BY THE TOWN OF
AVON WATER SOURCES IN AN AREA FIVE
NILES NORTHERLY, SOUTHERLY AND EASTERLY
BOUNDARIES; PROHIBITING CERTAIN ACTIV-
ITIES WITHOUT A:PERMIT; REQUIRING A
PERMIT FOR CERTAIN ACTIVITY WITHIN THE
DISTRICT; PROVIDING A PERMIT AND HEARING
PROCEDURE FOR CERTAIN ACTIVITY WITHIN
THE-DISTRICT; ESTABLISHING FEES FOR
PERMIT APPLICATION REVIEW; ESTABLISHING
STANDARDS-FOR THE ISSUANCE OF PERMITS;
PROVIDING PROCEDURES FOR ENFORCEMENT
AND PROVIDING PENALTIES FOR THE VIOLA-
TION THEREOF.
WHEREAS, the Town of Avon is a Home Rule Municipality
pursuant to Article XX of the Constitution of the State of
Colorado, and
WHEREAS, the Town of Avon, by virtue of such Home
Rule status\,.may adopt such ordinances relative to local and
municipal matters as are necessary to effectuate the purposes
and intent of power granted to municipalities and such other
matters which could be delegated to municipalities by the
State of Colorado, and
WHEREAS, the Town of Avon's municipal water sources
are supplied through Avon Metropolitan District; and
WHEREAS, water drainage and seepage from land use
activities within the Watershed affects the quality and quantity
of the water supply diverted for use by the Town, and
WHEREAS, the Town Council finds that the maintenance
and protection of an adequate water supply of the highest
quality is essential to the public health, safety and welfare
of the citizens of the Town, and
WHEREAS, no other source of water supply diversion
exists for the citizens of the Town, and
WHEREAS, the Town's municipal watershed is within the
approved Northwest Colorado Council of Governments (NWCCOG)
Section 208 - Water Quality Management Plan, and
WHEREAS, within the boundaries of the Town of Avon,
the Town Zoning and Land Use Regulations protect and regulate
activities that would be harmful to the Town's water supplies,
but in the area within five miles of the boundaries of the Town
the Town Council is of the opinion that certain regulations need
to be adopted; and
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WHEREAS, the Town, by virtue of Section 31-15-707(1)
(b), Colorado Revised Statutes, 1973, as amended, has been
granted by the State of Colorado the power to enact ordinances
and regulations for the purpose of maintaining and protecting
the Town's water sources from injury and the water from pollu-
tion; and
WHEREAS, the Town finds that increased activity within
the area of the Town's water supply poses a danger to that
supply which could affect the health, safety and welfare of the
citizens of the Town of Avon, and
WHEREAS, the Town Council desires to exercise all
right, power and authority under law to provide its citizens
with an adequate water supply of the highest quality which the
Town Council finds to be a matter of local coneern.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, THAT:
follows:
Section 1. A Watershed District is established as
A. Intent of District. The purpose for which this
District is established is the full exercise of the powers of
the Town of Avon in maintaining and protecting the source of
water for use by the inhabitants of the Town from injury and
pollution or from activities that will create a hazard to health
and water quality or a danger of pollution to the water supply
of the Town. This District is created under authority granted
in Section 31-15-707(1)(b) Colorado Revised Statutes, 1973, as
amended, Section 29-20-101 at et seq, Colorado Revised Statutes,
1973 as amended, and Article 20 of the Constitution of the State
of Colorado.
B. Jurisdiction and Map. The jurisdiction of the
Watershed District shall extend over the territory occupied by
the Town of Avon water sources and all reservoirs, streams,
trenches, pipes and drains used in and necessary for the con-
struction, maintenance and operation of the same and over the
water sources, for five miles from the northerly, southerly and
easterly boundary of the Town of Avon from which water is
diverted for use by the Town of Avon. The Watershed District
Map accompanies this Chapter and, with all notations, references
and other information shown thereon, is incorporated herein as
part of this Chapter. The official Watershed District Map is
located in the Office of the Town Clerk.
C. Definitions. Whenever the following words or
phrases are used in this Chapter they shall have the following
meanings;
(1) "Best management practice" means the most
effective means of preventing or reducing harmful effects
of certain activities to a level compatible with Town
and/or County standards.
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(2) "Excavating" means the artificial movement
of earth which alters the natural surface or subsurface
water course, drainage or quality.
(3) "Filling" means,.the artificial movement
of earth which alters the natural surface or subsurface-
water course, drainage or quality.
(4) "Foreseeable risk'' means the reasonable
anticipation that harm or injury-may ,-result from acts
or ommissions.
(5) "Grading"-means the artificial movement
of earth which alters the natural`surface,.or subsurface
water course, drainage or quality.
(6) "Person" means any individual, corporation,
business trust, estate, trust, partnership, association or
any other legal entity.
(7). "Pollution" means the man-made or man=_
induced alteration of the physical or biological integrity
of water.
(8) "Surfacing" means any action resulting in
the hardening or covering of the pre-existing,ground in
an area greater than 1000 square feet such that rain -
striking the area will accumulate or run off the surface .
to a greater extent than prior to the hardening or
covering of said pre-existing ground. Surfacing includes,
but is not limited to, such things as compacting the
surface of the earth, placing gravel, concrete o"r.' :like .
substances on the surface of the earth, or the placement
of structures upon the ground.
(9) "Waterworks" means any and all man-made
or designed components of the water system providing
water to the inhabitants of the Town including, but not
limited to, all transmission storage and filtration
facilities; and all reservoirs, streams, trenches,
pipes and drains used in and necessary for the construction,
maintenance and operation of the Town's water sources.
D. Prohibited Activity, Permitted Activity and
Notice of Other Activity.
(1) It shall be 'unla'wful for any person to
engage in any of the following-activities within the
Watershed District, which activities the Town'Council
finds-pose a potential or threat of pollution'to the
Town's water supply,'unless such person shall, prior
to undertaking such activity, obtain a permit for the
activity under the provisions of this Article:
a. Excavating, grading, filling or surfacing.
b. Altering water drainage courses.
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C. Surface and subsurface mining operations.
d. Road construction or improvements.
or if located on national forest lands, obtain approval
through the Forest Service Review process which approval
shall insure compliance with the provisions of this
ordinance, the NWCCOG Section 208 Water Quality Manage-
ment Plan and the best management practices which shall
be imposed through the review process.
(2) It shall be unlawful for any person to
cause injury or damage to the Town water sources.
(3) Activities within the Watershed District
which are allowed hereunder but which require written
notification to the Town prior to undertaking such
activity are:
a. Road maintenance by governmental entities.
b. U. S. Forest Service shall provide notifi-
cation to the Town of Avon of management activities on
national forest lands that may have an impact on the Town's
municipal water supplies. Notification will be in the
form of environmental assessments or project work plans
prepared by or available to the Forest Service. This
will provide the Town with the opportunity to review
Forest Service water quality considerations, including
best management practices and make recommendations prior
to its undertaking.
(4) In the event that any activity not set
forth in Paragraph D (1) above is being conducted in such
a matter that the Town Council finds that a foreseeable
risk of pollution to the Town's municipal water supplies
exist from such activity on private or federal lands
respectfully, the person or agency responsible for such
activity shall be notified by the Town or the Forest
Service that such activity must cease and desist until
corrective measures are taken.
E. Permit and Hearing Procedure.
(1) Application and Fees. An applicant for a
Watershed District Permit shall submit the following to
the Town:
a. A completed application form as prescribed
by the Town. If the applicant is not the owner of the
subject property, the owner shall also sign such applica-
tion and the applicant shall set forth its interest in the
proposed activity. An application will not be deemed to
be complete until all information required by the Town
has been submitted to the Town.
b. A full and complete description of the
proposed activity for which a permit is sought, including,
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if applicable, a discussion of any future activity
anticipated by the applicant with respect to the
subject property for which a permit may be required
hereunder.
C, Two sets of plans and specifications
which shall contain the following information:
1. A vicinity sketch or other data
indicating the site location and legal description of
the subject property.
2. Boundary lines of the property for
which the permit is sought, if applicable.
3. Location of any buildings or struc-
tures within fifty (50) feet of the proposed activity.
4. Accurate contours establishing the
topography of the existing ground.
5. Elevations, dimensions, location,
extend and the slopes of all proposed excavating,
grading, filling or surfacing shown by contours and/or
other means.
6. Details of all drainage devices in
connection with the proposed activity.
7. A statement of the amount and location
of any matter proposed to be deposited in areas other than
that shown on the plans.
8. Nature and location of existing
vegetation and a statement as to the effect of the
proposed activity on such vegetation.
d. Identification of any activity that may
present or create a foreseeable risk of pollution to the
water supply of the Town of Avon along with a specific
description of the measures, including best management
practices, that will be employed by applicant to
obviate such risks.
e. Any and all additional information that
may be specifically requested by the Town, including,
but not limited to, the following:
1. A map showing the drainage pattern
and estimated runoff of the area of the proposed activity.
2. Revegetation and reclamation plans
and specifications.
3. A soils analysis, including the nature,
distribution and strength of existing soils, and recommend-
ations for earth moving procedures and other design
criteria.
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4. A geologic analysis of the site and
adjacent-areas and its impact on',the proposed activity.
5. An operational and maintenance
analysis of the proposed activity.
basis, source,
on ground. water
6. Water use analysis, including legal
quality, amount of consumptive use, impact
and discharge characteristics.
f. Any applicant shall submit a Watershed
District Permit application fee to the Town at the time
of filing such application. The applicant shall be
assessed-a fee sufficient to cover the.costs of publica-
tion, hearing, processing, administration, inspection
and enforcement of such requested permit. The minimum
fee hereunder shall be $10.00. In the event the fee
charged by the Town at the time of application is
determined to be insufficient to cover the Town's costs,
the Town shall have the right to charge the additional
fee prior to the issuance or denial of any permit. No
Watershed District Permit shall be issued until-all such
assessed fees have been paid.-
(2) Review, Analysis and Risks.
a. Within one hundred"twenty.(120) days.
following receipt-of ,a completed application, the
Building Administrator or'his designee.shall review
the same and prepare an analysis of the proposed
activity, including a discussion of any factor that
may present or create a foreseeable risk of pollution
to the water supplies.to the inhabitants.of the Town of
Avon along with an analysis of the measures, including
best management practices, if any, that are proposed by
the applicant to obviate such risks and submit such
analysis to the Town Council. The review and analysis
shall include a.site inspection by.the Building Adminis-
trator-. If weather conditions do not permit such a site
inspection, the time for review and analysis may be
extended for an additional ninety.(90) days and the
applicant shall be so informed by the Building Adminis-
trator.
b. In undertaking the analysis of any proposed
activity, the following factors, among any others that"may
be deemed relevant, shall be considered:
activity.
1. Nature and extent of the proposed
2. Proximity of existing water courses.
3. Drainage patterns and control measures.
4. Soil criteria.
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5. Slope steepness and stability.
6. Effects of denudation.
7. Geologic hazards, including, but not
limited to, avalanche paths, flood plains, high water
tables, fault zones and similar factors.
8. Point_ source effluent and emissions
into air or water.
9. Ambient and non-point source
emissions into air or water.
10. Vehicular and motorized activity.
11. Fire hazard.
(3) Hearing. Upon receipt of the analysis
from the Building Administrator, the Town Council shall
conduct a public hearing to review the application and
analysis and shall render a decision regarding the issu-
ance or denial of a Watershed District Permit to such
applicant within ninety (90) days unless the activity
requires approval or permit from any agency of the
County, State or Federal goverment-and which approval
or permit procedure exceeds the time requirements of
this Article, then, and in that event, the Town shall
have an additional ninety (90) days following the final
decision of such County, State or Federal government
approval of permit procedure to conduct the public
hearing required hereunder and render a decision regarding
the issuance or denial of a Watershed District Permit to
such applicant. The Town Council may require additional
information from any applicant, in which event the public
hearing and decision may be delayed or continued until
receipt of such additional information.
(4) Standards for Issuance of Permit. A
Watershed District Permit shall be issued when the Town
Council finds that the applicant has sustained the burden
of proof that the proposed activity including best
management practices, if any, does not present or create
a foreseeable risk of impact to the Town water sources
within the watershed district. A Watershed District
Permit shall be denied when the Town Council finds that
the applicant has not sustained such burden of proof.
(5) Permit Conditions. The Town Council in
issuing any Watershed District Permit may prescribe any
conditions it may deem necessary to effect the intent of
this Watershed District. The Town Council may require
any applicant to post a surety bond or cash in an amount
sufficient to ensure compliance with the Watershed District
Permit, including, but not limited to, the cost of main-
tenance, operation, revegetation, reclamation, and other
requirements of proposed activities. The Town Council
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may release to the applicant portions of any-such bond
or cash from time to time when no longer necessary to
ensure compliance with the Watershed District Permit.
(6) Duration of Permit. If any proposed
activity for which a Watershed Distr-ict-Permit is issued
is not commenced within twelve (12) months from the date
of issuance of such permit, the permit shall expire and
become void. If the applicant abandons an activity after
commencement for a period of one hundred twenty (120) days
for reasons of other than weather, the permit shall expire
and become void.
(7) Notice of Hearing. Notice of any public
hearing hereunder shall be given at least ten (10) days
in advance of the public hearing by-publication in a
newspaper of general circulation within the Town.
F. Enforcement.
(1) Right of Entry. Whenever necessary to make
an inspection to enforce any provision of this Article,.
an authorized representative of the Town may go upon any
land at any reasonable time-to inspect the same or to
perform any duty imposed hereunder, provided that he
identify himself and,,if such land be unoccupied, that
he shall make a reasonable effort'to locate the applicant
or other persons having control of.such'land to notify
them of such entry.
(2) Stop Work Order. -;_Whenever any work or
activity is being.done contrary to the provisions of this
Article, or in violation of'the'terms,of any Watershed
District Permit issued hereunder,--the Town or its
authorized representatives may.ord'er^,the work stopped by
notice in writing served on the applicant'or any person
engaged-.in or causing such.activity until authorized'
by the Town to proceed. The Town shall reserve the right
to revoke or suspend any permit issued hereunder if work,
is not done in accordance therewith.
G. Regulations. The~Town Council may issue
regulations providing guidelines and criteria to carry
out the purposes of this Article.
H. Activity.in Progress. The lawful use of any
building, structure or land existing at'the time of the
enactment of this Article may be continued even though
it does not-conform to the requirements of this Article,
Ordinary,repairs'and maintenance of any existing building,
structure or land shall be allowed. 'Any change, expansion,
alteration or enlargement of such existing lawful use shall
be subject to all requirements of this Article.
I. Violation and Penalty.
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(1) Offense. Any person who violates any of
the provisions of this Article shall be fined not to
exceed $300.00 for each offense. Any person who willfully
and wantonly violates any provisions of this Article shall
be fined not to exceed $300.00 for each offense or by
imprisonment not exceeding ninety (90) days, or by both
such fine and imprisonment. Each day shall be deemed a
separate offense.
(2) Actions. Any activity or use which is
contained, operated or maintained contrary to any provi-
sion of this Article is unlawful. The Town of Vail may
institute injunction, abatement or any other appropriate
action to prevent, enjoin, abate or remove such violation
in which event the Town shall be entitled to recover court
costs and attorneys fees.
(3) Remedies. The remedies herein provided
shall be cumulative and not exclusive and shall be in
addition to any other remedies provided by law.
Section 2. Severability. If any paragraph,
sentence, word, clause or other provision of the application
thereof is for any reason held to be unconstitutional or other-
wise invalid, such decision shall not affect the validity of the
remaining paragraphs, sentences, words, clauses or other provi-
sions of this Ordinance, it being the legislative intent that
this Ordinance shall stand notwithstanding any such invalidity.
INTRODUCED, FIRST READ BEFORE THE TOWN COUNCIL THIS
day of , 1981, ordered published in full and set
for a public Maring to be held at the regular meetin of the
Town Council of the Town of Avon, Colorado on the ay of
1981.
TOWN OF AVON
By
ATTEST:
Clerk
INTRODUCED, PASS
AND ORDERED PUBLISHED this
TOWN OF AVON
READ ON SECOND READING, APPROVED
day of , 1981.
By
Angelo V. Alpi, Mayor
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ATTEST:
Town Clerk
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STATE OF COLORADO )
COUNTY OF ,EAGLE ) SS
TOWN OF AVON )
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 28th DAY OF APRIL,
1981 AT THE TOWNIHALL, 0082 EAST BEAVER CREEK BOULEVARD, AVON, COLORADO
FOR THE PURPOSE,OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#81-5,
SERIES OF 1981:
AN ORDINANCE ESTABLISHING A WATERSHED DISTRICT ;,W-RICH DISTRICT ENCOMPASSES
ALL TERRITORY OCCUPIED BY THE TOWN OF AVON WATER SOURCES IN AN AREA FIVE
MILES NORTHERLY, SOUTHERLY AND EASTERLY BOUNDARIES; PROHIBITING CERTAIN
ACTIVITIES WITHOUT A PERMIT; REQUIRING A PERMIT FOR CERTAIN ACTIVITY
WITHIN THE DISTRICT; PROVIDING A PERMIT AND HEARING PROCEDURE'FOR CERTAIN
ACTIVITY WITHIN THE DISTRICT; ESTABLISHING FEES FOR PERMIT APPLICATION
REVIEW; ESTABLISHING STANDARDS FOR THE ISSUANCE OF PERMITS; PROVIDING
PROCEDURES FOR ENFORCEMENT AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
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 15th-Day of April, 1981:
TOWN OF AVON, COLORADO
BY:
Town =Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF-AVON ON
APRIL 15th, 1981:
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
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