TC Ord. No. 2001-05 Repealing and reenacting sections 15.08.090c and 15.08.090d of the Avon Muni Code concerning temporary certs of occupancyORDINANCE NO. 01- 05
SERIES OF 2001
AN ORDINANCE REPEALING AND RE-
ENACTING SECTIONS 15.08.090 C and
15.08.090 D OF THE AVON MUNICIPAL
CODE CONCERNING TEMPORARY
CERTIFICATES OF OCCUPANCY
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, that Sections 15.08.090 C
and 15.08.090 D of the Avon Municipal Code are repealed and re-enacted to provide
as follows:
15.08.090 C. Section 109.1.2 Cleanup, Landscaping and General
Construction Deposit. A Cleanup, Landscaping and General Construction Deposit
("Deposit") is designed to provide security for all conditions contained in the Temporary
Certificate of Occupancy ("TCO"). The Deposit shall be paid in cash and shall be paid to the
Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be
provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for
one (1) year and renewable upon the Town's request. The amount of the deposit required
shall be based upon a current bid by a reputable contractor, plus 25% of the bid, good for
sufficient time to allow completion of the work, or upon some other basis deemed acceptable
by the Town. The bid shall be based upon completion of all remaining work indicated on the
approved building permit plans, and any subsequent conditions of approval. If the cleanup,
landscaping and general construction, as defined in this chapter, is not completed within three
(3) months of the date the TCO is issued, the Town may, but shall not be obligated to,
complete such cleanup, landscaping, and general construction, the cost of doing so, together
with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit
holder and deducted from the cash or other security deposited. If the cost for completion by
the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at
twelve percent annum, shall be a lien against the property and may be collected by civil suit,
or may be certified to the Treasurer of Eagle County to be collected in the same manner as
delinquent ad valorem taxes levied against such property.
15.08.090 D. Section 109.4.1 Conditions of Temporary Certificate of
Occupancy
(1) A Temporary Certificate of Occupancy ("TCO") shall be valid for three (3)
months. The Chief Building Official may grant one (1) TCO extension for up
to three (3) months. Such extension shall be granted in writing.
(2) The following shall be completed prior to the issuance of a Temporary
Certificate of Occupancy for Commercial or Multi-Family, (A, B, E, F, H, I,
M, S and R-1 occupancies):
a.
The exterior of the building is complete, including painted
vents, meters, and light fixtures.
b.
The interior shell building is complete with all required
final inspections approved, including building, fire
sprinkler (if required), electrical, plumbing and mechanical
smoke detectors, fire alarms and sprinklers.
C.
Two operative bathrooms on each floor being occupied in
other than R occupancies.
d.
Entrance and other work within the public right of way
must be approved.
e.
All required parking paved and marked.
f.
All utility tap fees paid.
g.
Positive drainage away from the building in all directions at
2% for a minimum of 5 feet.
h.
Where the required cleanup, landscaping, or construction
required for a Certificate of Occupancy is not complete, a
Temporary Certificate of Occupancy (TCO) may be issued
upon submittal and approval of a Cleanup, Landscaping,
and Construction Deposit in accordance with Section
15.08.090 C. The surety will be returned to the permittee
upon issuance of the Final Certificate of Occupancy.
(3) The following shall be completed prior to the issuance of a Temporary
Certificate of Occupancy for one and two family dwellings:
a. The exterior of the building is complete, including painted
vents, meters, and light fixtures.
b. The interior shell building is complete with all required
final inspections approved, including building, fire
sprinkler (if required), electrical, plumbing and mechanical.
C. One bathroom operative as per the approved plans.
d. Entrance and other work within the public right of way
must be approved.
e. Positive drainage away from the building in all directions at
2% for a minimum of 5 feet.
f. Sufficient roadway access for emergency vehicles and
minimum parking requirements must be met.
g. All utility tap fees paid.
h. Where the required cleanup, paving, landscaping, or
construction required for a Certificate of Occupancy is not
complete, a Temporary Certificate of Occupancy (TCO)
may be issued upon submittal and approval of a Cleanup,
2
Landscaping, and Construction Deposit in accordance with
Section 15.08.090 C. The surety will be returned to the
permittee upon issuance of the Final Certificate of
Occupancy.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 24 day of July , 2001, and a
public hearing on this ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the 14 day of August , 2001, at 5: 30 p m. in
the Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON, COLORADO:
or
ATTES'
INTRODUCED, APPROVED
ORDERED PUBLISHED AND POSTED this
ON SECOND READING, AND
__,A day of August , 2001.
APPROVED AS TO FORM:
Town Attorney
TOWN OF AVON, COLORADO:
N6~or
Town Clerk
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 5:30 P.M. ON THE 14th DAY OF AUGUST
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO.01-05, SERIES OF 2001:
An Ordinance Repealing and Reenacting Sections 15.08.090 C and 15.08.090 D of the Avon
Municipal Code Concerning Temporary Certificates of Occupancy
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 is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 30th day of July 2001.
OF AVON, COLORADO
BY:
'Nash
own Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 3, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Tlhru: Bill Efting, Town Manager
From: Norm Wood, Acting Director of Community Development
Ruth Borne, Asst. Director Community Development
Date . July 19, 2001
Re: Amendment to Temporary Certificate of Occupancy ("TCO") provisions
in the Avon Municipal Code, Sections 15.08.090 C and D - Second
Reading of Ordinance No. 01-05
Summary: Staff is recommending revisions to the TCO provisions to
accomplish clarification of several issues. Currently, the language of the
Cleanup, Landscaping and General Construction Deposit ("Deposit") does not
clearly explain that all conditions/items (including building requirements) that
remain outstanding must have collateral provided. The Deposit has historically
been used to provide collateral for landscaping and paving requirements. The
proposed Amendment will allow staff to obtain a deposit for all remaining
planning, building, engineering and public works related items.
In addition, the Amendment will shorten the time between a TCO and a
Certificate of Occupancy ("CO"). Staff is recommending three (3) months for all
TCOs with one three (3) month extension for a maximum period of six (6)
months. The six months is necessary to allow a project, which obtains a TCO in
the winter to complete all of the irrigation, landscaping, and paving by spring.
The extension may only be issued by the Chief Building Official and must be in
writing; there is no automatic extension.
Thus, the proposed Amendment will streamline the TCO and Deposit process for
the Town and enable staff to consistently enforce the regulations for each
construction project.
Recommendation: Staff recommends approval of the Second Reading of
Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections
15.08.090 C and D of the Avon Municipal Code Concerning Temporary
Certificates of Occupancy.
Proposed Motion: I make a motion to approve Ordinance No. 01-05, An
Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon
Municipal Code Concerning Temporary Certificates of Occupancy.
Town Manager Comments:
Attachment: Ordinance No. 01-05
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager~g
From: Norm Wood, Acting Director of Community DevelopmentAl
Ruth Borne, Asst. Director Community Development/;
Date July 19, 2001
Re: Amendment to Temporary Certificate of Occupancy ("TCO") provisions
in the Avon Municipal Code, Sections 15.08.090 C and D - First
Reading of Ordinance No. 01-05
Summary: Staff is recommending revisions to the TCO provisions to
accomplish clarification of several issues. Currently, the language of the
Cleanup, Landscaping and General Construction Deposit ("Deposit") does not
clearly explain that all conditions/items (including building requirements) that
remain outstanding must have collateral provided. The Deposit has historically
been used to provide collateral for landscaping and paving requirements. The
proposed Amendment will allow staff to obtain a deposit for all remaining
planning, building, engineering and public works related items.
In addition, the Amendment will shorten the time between a TCO and a
Certificate of Occupancy ("CO"). Staff is recommending three (3) months for all
TCOs with one three (3) month extension for a maximum period of six (6)
months. The six months is necessary to allow a project, which obtains a TCO in
the winter to complete all of the irrigation, landscaping, and paving by spring.
The extension may only be issued by the Chief Building Official and must be in
writing; there is no automatic extension.
Thus, the proposed Amendment will streamline the TCO and Deposit process for
the Town and enable staff to consistently enforce the regulations for each
construction project.
Recommendation: Staff recommends approval of the First Reading of
Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections
15.08.090 C and D of the Avon Municipal Code Concerning Temporary
Certificates of Occupancy.
0
Proposed Motion: I make a motion to approve Ordinance No. 01-05, An
Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon
Municipal Code Concerning Temporary Certificates of Occupancy.
Town Manager Comments: 'L - -F,~ 0 C bf 1/0
In1Uv~i,~rU .
Attachment: Ordinance No. 01-05