TC Ord. No. 2012-05 Amending section7.04.100 of the Avon Municipal code adopting flat feesTOWN OF AVON, COLORADO
ORDINANCE 12 -05
SERIES OF 2012
AN ORDINANCE AMENDING SECTION 7.04.100 OF THE AVON MUNICIPAL CODE
TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT FEES THROUGH THE FEE
SCHEDULE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council may adopt, amend and update fees from time to time; and
WHEREAS, the Town Council has determined that certain development applications would
be better suited as flat fees, thus further streamlining the development review process; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held public
hearings on March 20, 2012 and April 3, 2012, after posting notice of such hearing in accordance
with the requirements of the Avon Municipal Code, and considered all comments provided
before taking action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on May 8, 2012 after posting notice of
such hearing in accordance with the requirements of the Avon Municipal Code, and considered
all comments provided before taking action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application 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, supports,
approves, rejects, or denies this ordinance;
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 12 -05 Amending the ADC re Fees
May 8, 2012 Second Reading revision
Page 1 of 4
Section 2 Amendment to Section 7.04.100, Fees Section 7.04.100, Fees, is hereby
repealed and reenacted in its entirety to read as follows:
7.04.100 Fees
(a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review
by professionals qualified in fields relevant to development applications, inspection,
publication of notice and similar matters will be charged to applicants for all development
applications. The Town Council may adopt, amend and update a schedule of fees by
resolution. The Director may require additional fees when deemed necessary and reasonable
based on the nature and character of the review required or where unusual issues are
presented which may require additional review.
(b) Pass Through Accounts. All development applications shall be treated as pass -
through accounts unless otherwise stated in the schedule of fees adopted by the Town
Council through a resolution, whereby the Applicant shall be liable for all costs of review
incurred by the Town. Additional review fees may be requested if the initial amount
designated in the Fee Schedule is not sufficient for the cost of application review. Upon
request by the Applicant, the Town shall provide an estimate of the cost for review of a
development application. The Director may withhold processing and review of a
development application where the Applicant has not provided sufficient fees to continue or
complete the application review. The Town shall return the balance of any unused
application review fees when the application process is complete.
(c) Payment In -Full Required. All development applications shall be required to
pay the Town in full for all costs incurred for the review of a development application.
Payment in full to the Town of the costs incurred for development application review shall be
a condition to each and every development application. The failure to pay the Town in full
for the costs incurred for development application review within thirty -five (35) days of final
approval shall render any such approval null and void. The Town Council may waive this
requirement, reduce fees, or extend the time period for payment.
(d) Interest on Delinquent Fees. Development application review fees and charges
which are not paid within thirty (30) days of sending an invoice shall be deemed to be past
due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32.
(e) Lien for Delinquent Fees. All delinquent development application review fees
and charges along with such interest that has accrued thereon shall be subject to a lien on the
property which the development application concerned and all such delinquent charges may
be certified to the Treasurer of Eagle County, Colorado and may be collected and paid over
to the Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as
taxes are as authorized by Title 31 of the Colorado Revised Statutes.
Section 3 Codification of Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
Ord 12 -05 Amending the ADC re Fees
May 8, 2012 Second Reading revision
Page 2 of 4
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 4 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 5 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6 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 7 No Existing 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 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Ord 12 -05 Amending the ADC re Fees
May 8, 2012 Second Reading revision
Page 3 of 4
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on May
8, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado,
Published by posh °P
Clerk at least seven
2.
o-
Rich Carroll, Mayor
epee public places in Town and posting at the office of the Town
final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Catherine Mythen, Deputy Town Clerk Eric H own Attorney
INTRODUCED, FINELY APPROVED, AND PASSED ON SECOND READING, AND
Lei :711o1:Iof)aa0
°s ��� °°
Published by po %
office of the Town Cler
ATTEST:
TING on May 8, 2012.
j.-
Rich Carroll, Mayor
at least three public places in Town and posting by title at the
Catherine Mythen, Deputy Town Clerk
Ord 12 -05 Amending the ADC re Fees
May 8, 2012 Second Reading revision
Page 4 of 4
To Honorable Mayor and Town Council
From Jared Barnes, Planner I
Thru Patty McKenny, Interim Town Manager mt__�
Eric Heil, Town Attorney
Date April 24, 2012 Meeting
Re First Reading: Ordinance No. 12 -05: Amending Section 7.04.100 of the Avon Municipal
Code to allow the Town Council to adopt flat fees through the Community Development
Fee Schedule; and, DRAFT Resolution No. 12 -06: Revising the Fee Schedule for Zoning,
Subdivision, and Design and Development Review Applications
Summary
This is the first reading of Ordinance No. 12 -05. Amending Section 7.04. 100 of the Avon Municipal Code
to allow the Town Council to adopt flat fees through the Fee Schedule (Exhibit A). Accompanying this
item because they are inter - related is Resolution No. 12 -06: Revising the Fee Schedule for Zoning,
Subdivision. and Design and Development Review Applications (Exhibit B). Legislatively, they will be
considered separately but should be adopted (or denied) together as further noted under
Recommendations in this memo.
Background
On January 24, 2012, the Town Council initiated an amendment to Title 7 of the Avon Municipal Code
(AMC) to allow for the Town Council to adopt flat fees for certain development review application types.
The Planning and Zoning Commission (PZC) reviewed the proposed amendments and recommended
amending Section 7.04.100, Fees, as well as adopting a new Fee Schedule through PZC Resolution
12 -03 (Exhibit C).
Fee Discussion
The adoption of Title 7 of the Avon Municipal Code included changing how the Town of Avon collected
fees and billed for Staff review time. Prior to the adoption of Title 7, all fees charged for Development
Review Applications were considered flat fees that did not change depending on the amount of staff
review time. During the adoption of Title 7, the Planning and Zoning Commission (PZC) and Town
Council (TC) discussed changing the process to require development review applications to "pay their
way ". This was in response to some applications consuming a large amount of staff time beyond the
amount of time anticipated in the development review fee.
Section 7.04.100 requires all development applications to be treated as pass- through accounts whereby
the applicant is liable for all costs incurred by the Town associated with the review. Additional fees are
requested if the initial fee is not sufficient to cover the cost of the application review. Likewise, if the
billable review time is less than the application fee, the applicant is entitled to a reimbursement.
In December 2011, Town Staff presented a summary of Fees collected during the 2011 calendar year
(Table 1) to the Community Development Subcommittee (CDS). Table 1 includes the initial fee accepted
with the application, the average final fee for each type of application, and the number of refunds and
additional fees required from each type of application.
Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 11
Table 1 Planning and Subdivision Fee Intake and Refunds -2011
PLANNING AND SUBDIVISION
FEES
Number
of Applications
Initial
Fee
Average
Final Fee
Application
Refunds
Additional
Fees Required
Major Design & Development Plan
2
$1,100
$1,360
1
1
Minor Design & Development Plan
32
$75
$77
11
9
Alternative Equivalent Compliance
3
$250
$144
3
0
PUD
1
$150
$403
0
1
Sign Design
11
$100
$86
6
1
Special Review Use
7
$500
$216
7
0
1041 Permit
1
$10,000
$1,291
1
0
Subdivision
1
$675
$497
1
0
The CDS reviewed the information provided in Table 1 and concluded that the average time associated
with the process of refunding overpayments and requesting additional fees on smaller projects did not
justify the amount of additional fees refunded or collected. Town Staff subsequently presented the
information to the Town Council, who concurred with the CDS and initiated a code text amendment.
The proposed amendments will promote the goals of Title 7, Avon Municipal Code (Development Code),
by creating a more streamlined process for smaller and less complex project types. Furthermore, the
proposed amendments will directly respond to changed conditions and create less negative feedback for
less complex project reviews. Staff has determined that the proposed amendments comply with the
Review Criteria for Code Text Amendments as set forth in §7.16.040(c), Avon Municipal Code and
exhibited below under Code Text Amendment Review Criteria.
Proposed Amendments
Attached to this memo is Ordinance 12 -05 (Exhibit A), which outlines the proposed changes to section
7.04.100, Fees. The proposed changes expand the sentence that requires pass- through accounts for all
development review applications to allow the Town Council, at their discretion and through a resolution, to
adopt flat fees. Specifically subsection 7.04.100(b) is revised to read:
(b) Pass Through Accounts. All development applications shall be treated as pass- through
accounts unless otherwise stated in the sche dule of fees adopted by the Town Council through a
resolution, whereby the Applicant shall be liable for all costs of review incurred by the Town.
Additional review fees may be requested if the initial amount designated in the Fee Schedule is not
sufficient for the cost of application review. Upon request by the Applicant, the Town shall provide an
estimate of the cost for review of a development application. The Director may withhold processing
and review of a development application where the Applicant has not provided sufficient fees to
continue or complete the application review. The Town shall return the balance of any unused
application review fees when the application process is complete.
Also attached to this memo is Council Resolution 12 -06 (Exhibit B), which revises the Fee Schedule for
Zoning, Subdivision, and Design and Development Applications. In addition to re- classify certain
application types, Staff also took this opportunity to clean up redundancies in the fee schedule and
simplify the information conveyed to the public. For example, the currently adopted fee schedule splits
Major Development Plan and Design Review into two separate fee categories. In practice, Staff
consistently requires both of these fees for any Major Design and Development Plan application.
Simplifying this information will assist the public in understanding the required fee at the time of
submission.
PZC Recommendation
After reviewing the proposed amendments, the PZC found that the proposed amendment to subsection
7.04.100(b) adequately provided the Town Council flexibility to amend fees for development applications
Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 12
between flat fees and pass- through accounts on an ongoing basis. They also found that the process for
amending these fees, through a Resolution, was transparent and efficient for future modifications.
The PZC discussed at length Work Session reviews and Special Meetings, while citing positive and
negative work session review examples. Specifically they discussed the need for submittal requirements
to ensure that most work session reviews were positive. Concern was expressed over the lack of
standards for determining when to schedule both types of reviews, as they are currently at the discretion
of the Director and PZC Chairman.
Furthermore, the PZC determined that the Alternative Equivalent Compliance, Extension to Design and
Development Plans, Individual Sign Design, Sign Programs and Amendments, Minor Design and
Development Plans, Railroad Bridge Banners, and Work Sessions should all be flat fees. Finally, the
PZC also determined that simplifying the Fee Schedule would assist the public in understating required
fees for submission.
Code Text Amendment — Review Criteria
Pursuant to ADC Section 7.16.040, Code Text Amendments, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to amend the text of
the ADC:
1. The Text amendment promotes the health, safety and general welfare of the Avon
Community;
Staff Response Amending the Fee Schedule to allow for flat fees does not affect the health,
safety, and general welfare of the Avon Community.
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: The proposed amendments do not affect the goals and policies of the Avon
Comprehensive Plan.
3. The text amendment promotes or implements the purposes stated in the Development Code;
Staff Response: The proposed amendments help achieve the goals and purposes of the
Development Code, by further streamlining the development review process. In addition, the
proposed changes will help the general public better understand the required development
application reviewfee.
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: The proposed amendments respond to changed conditions by reducing the
amount of staff time required to process payments for smaller, less complex projects.
Furthermore, the proposed changes address the intent of pass- through accounts by limiting
their applicability to more complex project reviews.
Recommendations
If the Council is satisfied with the PZC recommendations and the proposed amendments to the Development
Code, they should take two courses of action so that the approval timing of the proposed Ordinance and
Resolution may occur at the same meeting. First, approve the first reading of Ordinance No: 12 -05 and
schedule a public hearing and second reading of the Ordinance for April 10, 2012. Second, the Town Council
should table Resolution No: 12 -06 to May 8, 2012 so that it can be reviewed and approved along with the
second reading of Ordinance No: 12 -05 The tabling of Resolution No: 12 -06 will allow the Town Council to
approve the Ordinance allowing for flat fees as well as the Resolution for adopting flat fee for certain project
types to occur at the same meeting.
Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 13
Town Manager Comments:
Attachments
A. Council Ordinance No: 12 -05, Amending Section 7.04.100 of the Avon Municipal Code to allow the
Town Council to adopt flat fees through the Fee Schedule
B. DRAFT Council Resolution No: 12 -06, Revising the Fee Schedule for Zoning, Subdivision, and Design
and Development Review Applications.
C. PZC Resolution 12 -03
D. Approved Development Review Fee Schedule
Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 14
Attachment A
TOWN OF AVON, COLORADO
ORDINANCE 12 -05
SERIES OF 2012
AN ORDINANCE AMENDING SECTION 7.04.100 OF THE AVON MUNICIPAL CODE
TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT FEES THROUGH THE FEE
SCHEDULE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council may adopt, amend and update fees from time to time; and
WHEREAS, the Town Council has determined that certain development applications would
be better suited as flat fees, thus further streamlining the development review process; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on March 20, 2012 and April 3, 2012, after posting notice of such hearing in accordance
with the requirements of the Avon Municipal Code, and considered all comments provided
before taking action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on May 8, 2012 after posting notice of
such hearing in accordance with the requirements of the Avon Municipal Code, and considered
all comments provided before taking action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application 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, supports,
approves, rejects, or denies this ordinance;
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 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 1 of 4
Section 2 Amendment to Section 7.04.100, Fees Section 7.04.100, Fees, is hereby
repealed and reenacted in its entirety to read as follows:
7.04.100 Fees
(a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review
by professionals qualified in fields relevant to development applications, inspection,
publication of notice and similar matters will be charged to applicants for all development
applications. The Town Council may adopt, amend and update a schedule of fees by
resolution. The Director may require additional fees when deemed necessary and reasonable
based on the nature and character of the review required or where unusual issues are
presented which may require additional review.
(b) Pass Through Accounts. All development applications shall be treated as pass -
through accounts unless otherwise stated in the schedule of fe Ado
Tte( thy the Town
Council through 4-resolution, whereby the Applicant shall be liable for all costs of review
incurred by the Town. Additional review fees may be requested if the initial amount
designated in the Fee Schedule is not sufficient for the cost of application review. Upon
request by the Applicant, the Town shall provide an estimate of the cost for review of a
development application. The Director may withhold processing and review of a
development application where the Applicant has not provided sufficient fees to continue or
complete the application review. The Town shall return the balance of any unused
application review fees when the application process is complete.
(c) Payment In -Full Required. All development applications shall be required to
pay the Town in full for all costs incurred for the review of a development application.
Payment in full to the Town of the costs incurred for development application review shall be
a condition to each and every development application. The failure to pay the Town in full
for the costs incurred for development application review within thirty -five (35) days of final
approval shall render any such approval null and void. The Town Council may waive this
requirement, reduce fees, or extend the time period for payment.
(d) Interest on Delinquent Fees. Development application review fees and charges
which are not paid within thirty (30) days of sending an invoice shall be deemed to be past
due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32.
(e) Lien for Delinquent Fees. All delinquent development application review fees
and charges along with such interest that has accrued thereon shall be subject to a lien on the
property which the development application concerned and all such delinquent charges may
be certified to the Treasurer of Eagle County, Colorado and may be collected and paid over
to the Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as
taxes are as authorized by Title 31 of the Colorado Revised Statutes.
Section 3 Codification of Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 2 of 4
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 4 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 5 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6 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 7 No Existing 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 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 3 of 4
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on May
8, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on April 24, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on May 8, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 4 of 4
Attachment B
TOWN OF AVON, COLORADO
RESOLUTION NO. 12 -06
SERIES OF 2012
A RESOLUTION REVISING THE FEE SCHEDULE FOR ZONING,
SUBDIVISION AND DESIGN AND DEVELOPMENT REVIEW
APPLICATIONS.
WHEREAS, the Town Council may enact and update fee schedules to accurately
reflect the cost of labor and overhead involved with all application processes as
stipulated in Chapter 7 of the Avon Municipal Code; and,
WHEREAS, the Town has determined that a revised fee schedule is necessary to
include a flat fee section as established with the adoption of Ordinance 12 -05; and,
WHEREAS, the Town Council has determined that it is in the best interest of the
Town to revise the fee schedule for zoning, subdivision and design and development
review applications, setting the fees for such applications; and,
WHEREAS, this Resolution does hereby amend the fee schedule adopted by
Resolution 11 -10.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the
following:
The Town Council hereby adopts the revised Fee Schedule, which is attached here to
as Exhibit A , and made a part hereof.
ADOPTED THIS DAY OF , 2012
TOWN COUNCIL
TOWN OF AVON COLORADO
Mayor
ATTEST:
Town Clerk
"Exhibit A to Resolution 12 -06"
Development Review Application Fees
TYPE OF REVIEW
FLAT FEE
Alternative Equivalent Compliance
$250
Extensions to Final Design & Development
Plans
'/2 of Design & Development Plan
Review Fees
Individual Sign
$100.00
Master Sign Program (MSP) or MSP
Amendment
$300.00
Minor Design & Development Plan
Residential
$75.00
Mixed Use /Other
$250.00
Pre - Application Review
No Charge
Railroad Bridge Banner Review and
Installation
$100
Work Session
$250. May be waived at the discretion of
the Director of Community Develo ment
TYPE OF REVIEW
INITIAL DEPOSIT FEE
Planning & Zoning Fees
1041 Permit
$10,000.00
Annexation
$3,500.00
Appeals
Heard by PZC
$250.00
Heard by Council
$250.00 + $50.00 to Town Clerk
Code Text Amendment
$3,500.00
Comprehensive Plan Amendment
$3,000.00
Location, Character and Extent Review
$250
Major Design & Development Plan Review
Residential
1 -3 Dwelling Units DU
$700.00
4 -9 DU
$1,100.00
10 -20 DU
$1,600.00
21 -40 DU
$2,300.00
41 -60 DU
$3,300.00
61 -100 DU
$4,500.00
100 + DU
$7,000.00
Mixed Use, Commercial, Industrial
Up to 1,000 Sq. Ft. Gross Floor Area
$925.00
1,000 -2,499 Sq. Ft. Gross Floor Area
$1,300.00
2,500 -4,599 Sq. Ft. Gross Floor Area
$1,500.00
5,000 — 9,999 Sq. Ft. Gross Floor Area
$2,000.00
10,000 — 19,999 Sq. Ft. Gross Floor Area
$3,000.00
20,000 — 49,999 Sq. Ft. Gross Floor Area
$4,500.00
Over 50,000 Sq. Ft. Gross Floor Area
$6,500.00
Planned Unit Development (PUD)
1 -4 Dwelling Unit (DU) Residential Only
$1,000.00
5 -50 DU Residential Only
$2,000.00
50+ DU Residential Only
$2,000.00 Base Fee + $15.00 per DU
Mixed Use to 50 DU
$2,000.00
Mixed Use over 50 DU
$2,000.00 Base Fee + $15.00 per DU
Minor Change to Preliminary PUD
$150
Minor Amendment to Final PUD
$150
Rezoning
$2,000.00
Right -of -Way Vacation
$250
Special Review Use
Residential
$250.00
Commercial /Industrial
$500.00
Temporary Use
$100.00
Variance
$500.00
Vested Property Rights
Billable Hourly Rate by Town Attorne
SUBDIVISION FEES
Administrative Subdivision
Condominium & Timeshare Subdivision
$500.00
Technical Correction
$500.00
Lot Line Adjustment
$500.00
Major Subdivision
Preliminary Plan
Land Subdivision
10 Lots or Less
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse
Subdivision
5- 10 Units
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $10.00 per each DU over 10
Final Plat
Land Subdivision
5 -10 Lots
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse
Subdivision
5- 10 Units or Less
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $15.00 per each DU over 10
Minor Subdivision
$675.00
Subdivision Exemption
$500.00
STAFF HOURLY RATES
Director and Town Engineer
$79.00 /hour
Senior Planner /Project Engineer
$63.00 /hour
Planner II /Engineer II
$57.00 /hour
Planner I/ Engineer I
$53.00 /hour
GIS Analyst
$53.00.hour
Town Attorney
$240.00 /hour
Attachment C
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 12 -03
SERIES OF 2012
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO SECTION
7.04.100, FEES, AVON MUNICIPAL CODE; AND, AMENDING THE DEVELOPMENT
REVIEW FEE SCHEDULE TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT
FEES FOR CERTAIN APPLICATION TYPES
WHEREAS, the Avon Municipal Code was amended to require all development
applications to be treated as pass - through accounts whereby the Applicant shall be liable for all
costs of review incurred by the Town; and
WHEREAS, the Avon Town Council adopted the Fee Schedule for Zoning, Subdivision,
Design and Development Review Applications through Resolution 10 -34 on December 14, 2010;
and,
WHEREAS, the Avon Community Development Subcommittee and Avon Town Council
determined that certain development applications would be better suited as a flat fee, thus
reducing the amount of staff time required to process payments and refunds; and
WHEREAS, the Town Council initiated an amendment to the text of Title 7 of the Avon
Municipal Code in accordance with Section 7.16.040, Code Text Amendment, Avon Municipal C,
Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held public
hearings on March 20, 2012 and April 3, 2012, after posting notice of such hearing in accordance
with the requirements of the Avon, .Municipal Code, and considered all comments provided
before making a recommendation to the Town Council; and
WHEREAS, it is the Planniing and Zoning Commission's opinion that the health, safety and
welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of
the amendments to Section 7.04.100, Fees, of the Avon lmunicipal Code.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends that the Town Council of the Town of Avon approve the attached
amendments ( "Exhibit A to Resolution 12 -03 ") to Section 7.04.100, Fees, of the Avon
Municipal Code; and, ( "Exhibit B to Resolution 12 -03 ") amendments to the Development
Review Fee Schedule, with the following findings:
(1) The changes to Section 7.04.100, Fees, of the Avon Municipal Code comply with
the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code; and,
(2) The Planning and Zoning Commission have determined that certain development
applications should be processed as flat fees to reduce the amount of staff time required to
process the payments and C.-
ACCE PTED, APPROV A1VD ADOP ED THIS APRIL, 2012
AVON PLANNING AND ZONING COMMISSION
Signed: Attest:
'
Chris Green, Chair Scott Prince, Secretary
v - `rK?
/YZi� • X Z 'f' ��
l f; E
a> f!tf
Resolution 12 -03, Code Text Amendment for Flat Fees 2
"Exhibit A to PZC Resolution 12 -03"
7.04.100 Fees
(a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review by
professionals qualified in fields relevant to development applications, inspection, publication of
notice and similar matters will be charged to applicants for all development applications. The
Town Council may adopt, amend and update a schedule of fees by resolution. The Director may
require additional fees when deemed necessary and reasonable based on the nature and character
of the review required or where unusual issues are presented which may require additional
review.
(b) Pass Through Accounts. All development applications shall be treated as pass -
through accounts. unless otherwise stated in the schedu o f fees adopted lbv the Town Council
throe { -1h a resolution. whereby the Applicant shall be liable for all costs of review incurred by the
Town. Additional review fees may be requested if the initial amount designated in the Fee
Schedule is not sufficient for the cost of application review. Upon request by the Applicant, the
Town shall provide an estimate of the cost for review of a development application. The
Director may withhold processing and review of a development application where the Applicant
has not provided sufficient fees to continue or complete the application review. The Town shall
return the balance of any unused application review fees when the application process is
complete.
(c) Payment In -Full Required. All development applications shall be required to pay the -
Town in full for all costs incurred for the review of a development application. Payment in full
to the Town of the costs incurred for development application review shall be a condition to each
and every development application. The failure to pay the Town in full for the costs incurred for
development application review within thirty -five (35) days of final approval shall render any
such approval null and void. The Town Council may waive this requirement, reduce fees, or
extend the time period for payment.`,
(d) Interest on Delinquent Fees. Development application review fees and charges which
are not paid within thirty (30) days of sending an invoice shall be deemed to be past due and
shall bear interest at the rate and according to the terms set forth in Chapter 3.32.
(e) Lien for Delinquent Fees. All delinquent development application review fees and
charges along with such interest that has accrued thereon shall be subject to a lien on the
property which the development application concerned and all such delinquent charges may be
certified to the Treasurer of Eagle County, Colorado and may be collected and paid over to the
Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as taxes are as
authorized by Title 31 of the Colorado Revised Statutes.
Resolution 12-03, Code Text Amendment for Flat Fees 3
"Exhibit B to EZC Resolution 12 -03"
Development Review Application Fees
TYPE OF REVIEW
FLAT FEE
Alternative Equivalent Compliance
$250
Extensions to Final Design & Development Plans
'/2 of Design & Development Plan Review Fees
Individual Sign
$100.00
Master Sign Program (MSP) or MSP Amendment
$300.00
Minor Design & Development Plan
Residential
$75.00
Mixed Use /Other
$250.00
Pre-Application Review
No Charge
Railroad Bridge Banner Review and Installation
$100
Work Session
$250. May be waived at the discretion of the
Director of Community Development
TYPE OF REVIEW
INITIAL DEPOSIT FEE
Planning & Zonin Fees
1041 Permit
$10,000.00
Annexation
$3,500.00
Appeals
Heard by PZC
$250.00
Heard by Council
$250.00 + $50.00 to Town Clerk
Code Text Amendment
$3,500.00
Comprehensive Plan Amendment
$3,000.00
Location, Character and Extent Review
$250
Ma jor Design & Development Plan Review
Residential
1 -3 Dwelling Units (DU)
$700.00
4 -9 DU
$1,100.00
10 -20 DU
$1,600,00
21 -40 DU
$2,300.00
41 -60 DU
_
$3,300.00
61 -100 DU
$4,500.00
100 + DU
$7,000.00
Mixed Use, Commercial. Industrial
Up to 1,000 Sq. Ft. Gross Floor Area
$925.00
1 -2,499 Sq. Ft. Gross Floor Area
$1,300.00
i 2,500 -4,599 Sq. Ft. Gross Floor Area
$1,500.00
_ _
1 5,000 — 9,999 Sq. Ft. Gross Floor Area
$2,000.00
10,000 — 19,999 Sq. Ft. Gross Floor Area
$3,000.00
20,000 — 49,999 Sq. Ft. Gross Floor Area
$4,500.00
Over 50,000 Sq. Ft. Gross Floor Area
$6,500.00
Planned Unit Development (PUD)
1 -4 Dwelling Unit (DU) Residential Only
$1,000.00
5 -50 DU Residential Only
$2,000.00
50+ DU Residential Only
$2,000.00 Base Fee + $15.00 per DU
Mixed Use to 50 DU
$2,000.00
Mixed Use over 50 DU
$2,000.00 Base Fee + $15.00 per DU
Minor Change to Preliminary PUD
$150
Minor Amendment to Final PUD
$150
Rezoning
$2,000.00
Resolution 12 -03, Code Text Amendment for Flat Fees
Right -of =Way Vacation $250
Special Review Use
Residential $250.00
Commercial/Industrial $500.00
Temporary Use $100.00
Variance $500.00
Vested Property Rights Billable Hourly Rate by Town Attorne
SUBDIVISION FEES
Administrative Subdivision
Condominium & Timeshare Subdivision
$500.00
Technical Correction
$500,00
Lot Line Adjustment
$500.00
Major Subdivision
Preliminag Plan
Land Subdivision
10 Lots or Less
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium /Townhouse Subdivision
5- 10 Units
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $10.00 per each DU over 10
Final Plat
Land Subdivision
5 -10 Lots
Over 10 Lots
$675 + $67.50 per Lot
11,350 + $35.00 per each Lot over 10
Condominium /Townhouse Subdivision
5- 10 Units or Less
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $15.00 per each DU over 10
Minor Subdivision
$675.00
Subdivision Exemption
$500.00
STAFF HOURLY RATES
Director and Town En ineer
$79.00 /hour
Senior Planner /Project Engineer
$63.00 /hour
1 Planner Ii/Engineer II
$57.00 /hour
Planner I/ Engineer I
$53.00 /hour
GIS Analyst
$53.00.hour
Town Attorney
$240.00 /hour
Resolution 12 -03, Code Text Amendment for Flat Fees
Attachment
Development Review Application Fees
TYPE OF REVIEW
INITIAL APPLICATION FEE
Pre-Application Review
No Char e
Comprehensive Plan Amendment
$3,000.00
Code Text Amendment
$3,500.00
Rezoning
$2,000.00
Planned Unit Development (PUD)
1 -4 Dwelling Unit (DU) Residential Only
$1,000.00
5 -50 DU Residential Only
$2,000.00
50+ DU Residential Only
$2,000.00 Base Fee + $15.00 per DU
Mixed Use to 50 DU
$2,000.00
Mixed Use over 50 DU
$2,000.00 Base Fee + $15.00 per DU
Minor Change to Preliminary PUD
$150
Minor Amendment to Final PUD
$150
Special Review Use
Residential
$200.00
Com mercial /Industrial
$500.00
Variance
$500.00
Alternative Equivalent Compliance
$250
Right-of-Way Vacation
$250
Vested Property Rights
Billable Hourly Rate by Town Attorne
Location, Character and Extent Review
$250
Appeals
Heard by PZC
$250.00
Heard by Council $
250.00 + $50.00 to Town Clerk
Annexation
$3,500.00
Minor Development Plan
Residential
$75.00
Mixed Use /Other
$250.00
Design Review
Residential
1 -3 Dwelling Units (DU)
$300.00
4 -9 DU
$500.00
10 -20 DU
$700.00
21 -40 DU
$1,000.00
41 -60 DU
$1,400.00
61 -100 DU
$1,800.00
100 + DU
$2,500.00
Mixed Use, Commercial, Industrial
Up to 1,000 Sq Ft Gross Floor Area
$425.00
1,000 -2,499 Sq Ft Gross Floor Area
$500.00
2,500 -4,599 Sq Ft Gross Floor Area
$500.00
5,000 — 9,999 Sq Ft Gross Floor Area
$500.00
10,000 — 19,999 Sq Ft Gross Floor Area
$1,000.00
20,000 — 49,999 Sq Ft Gross Floor Area
$1,500.00
Over 50,000 Sq Ft Gross Floor Area
$2,500.00
Major Development Plan
Residential
1 -3 Dwelling Units (DU)
$400.00
4 -9 DU
$600.00
10 -20 DU
$900.00
21 -40 DU
$1,300.00
TYPE OF REVIEW
INITIAL APPLICATION FEE
41 -60 DU
$1,900.00
61 -100 DU
$2,700.00
100 + DU
$4,500.00
Mixed Use, Commercial or Industrial
Up to 1,000 Sq Ft Gross Floor Area
$500.00
1,000 -2,499 Sq Ft Gross Floor Area
$800.00 .
2,500 -4,599 Sq Ft Gross Floor Area
$1,000.00
5,000 — 9,999 Sq Ft Gross Floor Area
$1,500.00
10,000 — 19,999 Sci Ft Gross Floor Area
$2,000.00
20,000 — 49,999 Sq Ft Gross Floor Area
$3,000.00
Over 50,000 Sq Ft Gross Floor Area
$4,000.00
Extensions to Final Design and Development
Plans
One -half of Plan Review and Design Review
Fees
SUBDIVISION FEES
Minor Subdivision $675.00
Major Subdivision
Preliminary Plan
Land Subdivision
10 Lots or Less
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse Subdivision
5- 10 Units
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $10.00 per each DU over 10
Final Plat
Land Subdivision
5 -10 Lots
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse Subdivision
5- 10 Units or Less
Over 10 Units
$675 + $67.50 per DU
1 $1,350.00 + $15.00 per each DU over 10
Administrative Subdivision
Condominium & Timeshare Subdivision
$500.00
Technical Correction
$500.00
Lot Line Adjustment
$500.00
Subdivision Exemption
$500.00
SIGN FEES
Individual Sign
$100.00
Master Sign Program (MSP)
$300.00
Master Sign Program Amendment
$300.00
STAFF HOURLY RATES:
Director and Town Engineer
$79.00 /hour
Senior Planner /Project Engineer
$63.00 /hour
Planner II /Engineer II
$57.00 /hour
Planner I/ Engineer I
$53.00 /hour
GIS Analyst
$53.00.hour
Town Attorney
$240.00 /hour