TC Ord. No. 2006-07 Amending Title 12 and 16 muni code of the TOA to increase any guarantee of public improvements to two yearsTOWN OF AVON, COLORADO
ORDINANCE NO. 06-07
SERIES OF 2006
AN ORDINANCE AMENDING TITLES 12 AND 16, MUNICIPAL CODE OF THE
TOWN OF AVON, TO INCREASE ANY GUARANTEE OF PUBLIC IMPROVEMENTS
TO TWO YEARS
COLORADO:
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 12.04.450, Chapter 12.04 of Title 12, Avon
Municipal Code, is amended to provide as follows:
If any settlement in a restored area occurs within a period of two (2) years
from the date of completion of the. permanent restoration, any expense incurred by
the Town in correcting such settlement shall be paid by the permittee, unless
proof is submitted by the permittee satisfactory to the Director of Public Works
that the settlement was not due to defective backfilling. Failure to backfill
properly may be grounds for revocation of permittee's contractor's license.
Section 2. Amendment. Section 16.24.110, Chapter 16.24 of Title 16, Avon
Municipal Code, is amended to provide as follows:
After a two-year performance period, upon improvement completion or a
required improvement revision, the subdivider may apply to the Town Council for
release of part or all of the collateral deposited with the Town Council. Upon
inspection and approval, the Town Council may authorize release of said
collateral. If the Town Council determines that any of such improvements are not
constructed in substantial compliance with specifications, it shall furnish the
subdivider a list of specific deficiencies and shall be entitled to retain collateral
sufficient to ensure such substantial compliance. If the Town Council determines
that the subdivider will not construct any or all of the improvements in
accordance with all of the specifications, the Town Council may withdraw and
employ from the deposit of collateral such funds as may be necessary to construct
the improvements in accordance with the specifications or return the land to its
previous condition.
Section 3. Amendment. Subsection c. of Paragraph (5) of Section 16.24.140,
Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows:
All required subdivision improvements, as specified in this Title and other
applicable Town ordinances and regulations shall be fully constructed and be
approved by the Town, and a written notice of approval shall be transmitted to the
subdivider. The approval of the improvements by the Town shall be contingent
upon the subdivider guaranteeing and being responsible for any defaults with said
improvements for a two-year period.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 25th day of April, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 9th day of May, 2006, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 409,Be chmark Read, Avon, Colorado.
_
Ronald C. Wolfe, Mayor
"
ATTEST:r rl.
C Imo- ~4'
t Mc envy, To n Clerk t°.; °
b
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED THE 9TH DAY OF 106. ~
~ Q G
Ronald C. Wolfe, Mayor
ATTEST:
AyM e M.,,' Tow Clerk
APPROVED AS TO FORM:
144' 14 -
Jo T W. Dunn, Town Attorney
Ordinance No. 06-07 Titles 12 & 16 amendments
Page 2 of 2
MEMORANDUM
FROM: TOWN ATTORNEY
TO: TOWN COUNCIL
SUBJECT: WARRANTY FOR SUBDIVISION IMPROVEMENTS
DATE: April 19, 2006
In connection with the negotiation of the subdivision improvements agreement for
The Confluence, the Town asked, and the developer agreed, that there would be a two-year
warranty on subdivision improvements. In the past only a one-year warranty has been required,
which warranty period is reflected in the Town's municipal code.
There is therefore included on your agenda an ordinance which accomplishes a two-
year warranty requirement. The only change in the three code sections is amending "one-year" to
"two year." The remainder of the language is the existing language which establishes the warranty
period, among other things.
JWD:ipse
r. ~
L
ORDINANCE NO. 06-07
AN ORDINANCE AMENDING TITLES 12 AND 16,
MUNICIPAL CODE OF THE TOWN OF AVON, TO
INCREASE ANY GUARANTEE OF PUBLIC
IMPROVEMENTS TO TWO YEARS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 12.04.450, Chapter 12.04 of Title 12, Avon
Municipal Code, is amended to provide as follows:
If any settlement in a restored area occurs within a period of two (2) years
from the date of completion of the permanent restoration, any expense incurred by
the Town in correcting such settlement shall be paid by the permittee, unless
proof is submitted by the permittee satisfactory to the Director of Public Works
that the settlement was not due to defective backfilling. Failure to backfill
properly may be grounds for revocation of permittee's contractor's license.
Section 2. Amendment. Section 16.24.110, Chapter 16.24 of Title 16, Avon
Municipal Code, is amended to provide as follows:
After a two-year performance period, upon improvement completion or a
required improvement revision, the subdivider may apply to the Town Council for
release of part or all of the collateral deposited with the Town Council. Upon
inspection and approval, the Town Council may authorize release of said
collateral. If the Town Council determines that any of such improvements are not
constructed in'substantial compliance with specifications, it shall furnish the
subdivider a list of specific deficiencies and shall be entitled to retain collateral
sufficient to ensure such substantial compliance. If the Town Council determines
that the subdivider will not construct any or all of the improvements in
accordance with all of the specifications, the Town Council may withdraw and
employ from the deposit of collateral such funds as may be necessary to construct
the improvements in accordance with the specifications or return the land to its
previous condition.
Section 3. Amendment. Subsection c. of Paragraph (5) of Section 16.24.140,
Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows:
All required subdivision improvements, as specified in this Title and other
applicable Town ordinances and regulations shall be fully constructed and be
approved by the Town, and a written notice of approval shall be transmitted to the
subdivider. The approval of the improvements by the Town shall be contingent
upon the subdivider guaranteeing and being responsible for any defaults with said
improvements for a two-year period.
. INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 25th day of April, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 9th day of May, 2006, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,.Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 9th day of May, 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney