TC Ord. No. 22-03 Amending Section 15.08.160 Regarding Issuance of Grading PermitsAvon
COLORADO
ORDINANCE 22-03
AMENDING SECTION 15.08.160 OF THE AVON MUNICIPAL CODE
REGARDING ISSUANCE OF GRADING PERMITS.
WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality and political
subdivision of the State of Colorado organized and existing under a home rule charter
Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to Ordinance No. 13, Series 2018 the Avon Town Council ("Council")
duly adopted the International Building Code as amended by the Town's local amendments; and
WHEREAS, a local amendment codified at Avon Municipal Code § 15.08.160 provides for the
regulation and permitting of grading permits; and
WHEREAS, in certain circumstances some property owners have obtained grading permits
without subsequently obtaining a building permit thus creating blighted and incomplete
construction sites; and
WHEREAS, the Town Council of the Town of Avon has determined that it is in the best
interest of the Town of Avon to adopt an ordinance amending § 15.08.160 to prohibit the
issuance of a grading permit without the contemporaneous issuance of a building permit; and
WHEREAS, Council finds that amendments to grading permits will promote the health, safety
and general welfare of the Avon Community; and
WHEREAS, Approval of this ordinance on first reading is intended only to conform that
Council desires to comply with the requirement of Section 6.5(d) of the Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
and that approval of this Ordinance on first reading does not constitute a representation that
Council, or any member of the Council, has determined to take final action on this Ordinance
prior to concluding the public hearing on second reading.
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.
Ordinance 22-03 Amending Grading Permits
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Section 2. Amendment to Chapter 15.08.160. Section 15.08.160 is hereby amended to read
as follows with strike -out indicating language to be deleted and underline indicating language to
be adopted:
15.08.160 - Appendix J—Grading.
Section J101.1, Scope, is amended by adding the following sentence:
Grading permits shall be permitted, regulated and enforced by the Town of Avon
Engineer."
Section J103,1, Permits required, is amended by adding the following sentence:
Except as provided herein no grading permit shall be issued unless: (1) a Public
Improvement Agreement or Security Agreement is approved by Town Council; or (2)
less than 100-cubic yards of material is excavated. Grading Permits may be issued
administratively for the Village at Avon Planning Areas A, B, C, D, E, F, and J which
are designated Administrative Subdivision Areas in the Village at Avon PUD Guide
provided a Grading Permit and Security Agreement is approved by the Town
Engineer. All Grading Permits issued pursuant to this provision shall comply with
this Appendix J as amended and such other requirements of general applicability as
may be adopted by the Town-"
Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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 6. 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
Ordinance 22-03 Amending Grading Permits
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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 7. Codification of Amendments. The codifier of the Town's Municipal Code,
MuniCode is hereby authorized to make such numerical and formatting changes 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 8, 2022, and setting such public hearing for February 22, 2022, at 5:00
pm, or as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building,
located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
1A D^
Sarah Smith HymesSarahSmithHymes, Mayod Brenda Torres, Deputy T
ADOPTED ON SECOND AND FINAL READING on June 14, 2022.
BY:
qJ&V-A1L4 1-4
Sarah Smith Hymes, Mayor
APPROVED AS TO FORM:
Karl J. n, Town Attorney
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F04aN006
Brenda Torres, Deputy T
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