TC Ord. No. 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding issuance of Grading PermitsAvon
COLORADO
ORDINANCE NO.24-05
AMENDING SECTION 15.08.140 OF THE AVON MUNICIPAL CODE REGARDING
ISSUANCE OF GRADING PERMITS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Avon Town Council ("Council') has the power to
make and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, pursuant to such authority, the Town has previously adopted Title 15 of the Town
of Avon Municipal Code ("Code"), regarding Buildings and Construction
WHEREAS, a local amendment codified at Avon Municipal Code § 15.08.140 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 § 15.08.140 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 confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
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 the Town Council, or any member of the Town 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.
Ord 24-05 Amending Grading Permits
March 12, 2024
Page 1 of 2
Section 2. Amendment to Chapter 15.08.140. Section 15.08.140 is hereby amended to add
the following section to the existing language:
J102.1, Permits Required, is added:
"Except as provided herein no qradinq 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, 8, 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. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
Ord 24-05 Amending Grading Permits
March 12, 2024
Page 2 of 2
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on March 26, 2024 and setting such public hearing for
April 9, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY:
ADO
2024.
OF A
ATTEST:
I�IW r::SEAL•:
Miguel Ja ui Casanueva, wh•�lerl�.• '
D ON SECOND AND FINAL READING by the Avon Town Council on April 9,
Phillips, Mayor
APPROVED AS TO FORM:
Nina Williams, Interim Town Attorney
Ord 24-05 Amending Grading Permits
March 26, 2024
Page 3 of 3
ATTEST:
Miguel J
�oN OF ADO
:S EAU
i Casanueva, w Cler•,