TC Ord. No. 1979-09•
ORDINANCE NO. 79-9
SERIES OF 1979
e
AN ORDINANCE ADOPTING SUBDIVISION REGULATIONS FOR THE TOWN OF
AVON, COLORADO; PROVIDING DEFINITIONS OF CERTAIN,TERMS AND SETTING
OUT CERTAIN PROVISIONS, PROCEDURES, REQUIREMENTS AND STANDARDS;
PROVIDING FOR VARIANCES AND EXEMPTIONS; AND SETTING FORTH DETAILS
RELATING THERETO
WHEREAS, the Town Council of the Town of Avon, Colorado
has determined that it is necessary to adopt subdivision regulations
and that-such adoption is necessary for the preservation.of the
public peace,-health, safety and welfare;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado that the following regulations are
hereby adopted:
0.10 TITLE
An Ordinance adopting subdivision regulations .for,the
Town of Avon; providing definitions of certain terms
and setting out certain provisions, procedures,
requirements and standards; providing for variances
and exemptions;` and setting forth details relating
thereto.
0.20 SHORT TITLE
These Regulations shall be known and-may be cited as-
"Subdivision Regulations, Town-of Avon, Colorado."
0.30 AUTHORITY
These Subdivision Regulations are enacted and adopted
pursuant to Article XX of the Colorado Constitution
and the Charter for the Town of Avon, Colorado.
0.40 EXISTING SUBDIVISION AGREEMENTS AND COVENANTS
Subdivisions filed and recorded on a Final Plat prior
to the date of this ordinance shall not be regulated
by this Ordinance unless proposed for-resubdivision
in such manner as to fall within the definition of
a subdivision of this Ordinance. Subdivisions having
received Preliminary Plan approval prior to the date
of,-this regulation shall be considered as having
"received Preliminary Plan approval under these
regulations;.provided,.that all-Final Plat submittals
subsequent"to the date of_,these regulations shall
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conform to the requirements of these regulations.
In the instance of large tracts or blocks of land
contained within a recorded subdivision and intended
or designed for resubdivision into smaller tracts,
lots or building sites, the resubdivision shall comply
with all provisions of this Ordinance except for those
which, in the opinion of the Town Council, have been
satisfied prior to filing of the original subdivision
plat. This Ordinance is not intended to repeal,
abrogate, annul, or in any way impair or interfere
with existing provisions of private agreements or
restrictive covenants running with land to which the
Town is a party. Where this Ordinance imposes a
greater restriction than that imposed by such
existing provisions of law, contract or deed, the
provisions of this Ordinance shall control.
1.00 DEFINITIONS
The following words and phrases when used in these
Regulations shall have the meanings ascribed in this
section except where the context clearly indicates a
different meaning.
1.01 ALLEY
A public right-of-way providing only secondary access to
the rear of a property and not intended for general
travel.
1.02 EASEMENT
A conveyance or reservation of an incident of ownership
in real property for one or more specific purposes,
public or private.
1.03 LOT
The individual parcels or separate interests into which
a tract of real property is to be divided for purposes
of occupancy or transfer of ownership.
1.04 SKETCH PLAN
A map of a proposed Subdivision drawn and submitted in
accordance with these Regulations to evaluate feasibility
and design characteristics at an early stage in the
planning.
1.05 PRELIMINARY PLAN
The map or maps of a proposed subdivision and specified
supporting materials drawn and submitted in accordance
with the requirements of these Regulations, to permit
the evaluation of the proposal prior to detailed
engineering and design required for the Final Plat.
1.06 FINAL PLAT
A map and supporting materials of certain described land
prepared in accordance with these Regulations as an
instrument for recording of real estate interests with
the Eagle County Clerk and Recorder.
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1.07 DISPOSITION
A contract of sale resulting in the transfer of
equitable title to an interest in subdivided land;
a conveyance of said interest; a lease or assignment
of..an interest in subdivided-land; or any other
conveyance of an interest in subdivided land which
is not made pursuant to one,of the foregoing, whether
made before or after Town.Council approval'of the
subdivision plat.
1.08 SUBDIVISION OR SUBDIVIDED LAND
Any parcel of land in the Town of Avon;.Colorado
(including land used for condominiums, apartments
or any other multiple dwelling units) which is
divided into two or -:more: parcels, separate interest
or interests in common, unless exempted under other
provisions of these Regulations.
1.08.01 The terms "subdivision" and "subdivided land" as defined
herein shall apply to any division of land. If a
tract of land which has been subdivided in the past'
is later described as a single tract in deeds or plat
by the legal or equitable owners thereof, any later
subdivisions of that tract, even if along the lines
of the earlier subdivision, shall be subject to the
requirements of these regulations.
1.08:02 Unless the method of disposition is adopted for the
purpose of evading this article, the'terms "subdivision"
and "subdivided land", as defined herein shall not
apply to any division of land which:
(a) is created by a lien, mortgage, deed of.trust
or..any. other security instrument;
(b)'-is created by any interest in an inve'stment entity;
(c) creates cemetery lots;
(d), creates an interest,or•interests-in oil, gas,
minerals,.or water which are now or hereafter severed
from the surface ownership of real-:property;
(e) is created by the acquisition of an interest in
land in the name of a husband and wife.or other persons
in joint'tenancy, or as tenants in common and any-such
interest shall be deemed for purposes of these
regulations as only one interest;
(f) creates a leasehold interest of less.than twenty
(20) years term, and involves no-change in use or
degree of use of the leasehold estate.
1.09 CONDOMINIUM SUBDIVISION
A subdivision in which the interests created are
separate fee simple estates in individual air space
units of a multi-unit property together with undivided
fee simple interests in common elements.as defined
in CRS 1973, 38-33-101, et seq, as Amended.
1.10 SPECIALLY PLANNED AREA AND/'OR PLANNED UNIT DEVELOPMENT
A subdivision controlled by one or more landowners
to be developed under a unified plan which does
not correspond in lot area, density, lot coverage,
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open space or other requirements of existing subdivision
or zoning regulations; it shall contain sufficient
total area in relation to the intended use or uses
to permit effective application of planning principles
to protect the land form, reduce street and utility
costs, preserve open space, and provide a superior
human environment.
l.ll TO SUBDIVIDE
To make a disposition of land which is defined herein
as a subdivision, subdivided land, condominium subdivision
or specially planned area and/or planned unit development
subdivision.
1.12 SUBDIVIDER
A person who makes a disposition of land which is
defined herein as a subdivision, subdivided lands,
condominium subdivision or specially planned area
and/or planned unit development subdivision.
1.13 PERSON
An individual, partnership, corporation or other
association of persons.
1.14 STREET OR ROAD
A right-of-way reserved for public or private use which
provides vehicular and pedestrian access to adjacent
properties including designations as street, road,
highway, thoroughfare, avenue, boulevard, parkway,
throughway, lane, place, trail, alley or however
otherwise designated. A street may also be used for
utilities access to the properties.
1.15 TOWN COUNCIL
Town Council of the Town of Avon.
1.16 DESIGN REVIEW BOARD
The Design Review Board of the Town of Avon, whose
duly authorized agent for administrative matters is
the Building Administrator of the Town of Avon.
1.17 COUNTY
The County of Eagle, State of Colorado, as represented
by the Board of County Commissioners or their designated
and appointed representatives.
1.18 TOWN CLERK
That person as officially appointed by the Town Council
to act as administrative secretary to maintain procedures
and records in compliance with these Regulations.
1.19 AREAS AND ACTIVITIES OF LOCAL INTEREST
Items of reference for land use including Geologic,
Soils, Flood, Wildfire, Airport Hazards, and Mineral
Resource and Wildlife Areas.
1.20 GENERAL PLAN
Any land use plan, master plan, comprehensive plan
or any element thereof which is currently in effect
and has been officially adopted by the Town of Avon.
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1.21
1.22
1.23
2.00
2.01
CONSTRUCTION PLANS AND SPECIFICATIONS
Engineered plans and specifications that are drawn
and written with enough detail that a bid schedule
and bids can be made from the plans and specifications.
MINOR SUBDIVISION
A proposed subdivision of a parcel of land creating a
total of four (4) lots or less, including both platted
and remaining unplatted parcels, which is properly
zoned for the proposed use. All lots on the proposed
subdivision must abut a Town street or road which has
been accepted for maintenance, and be physically
accessible or capable of being physically accessible
from the public street by conventional vehicles.
DUPLEX SUBDIVISION
Street or road which has been
and be physically accessible o
physically accessible from the
tional vehicles.
A proposed subdivision of a two unit building built-upon
one lot zoned as a duplex lot, creating two lots, each
lot containing one unit of the two unit building.
Both lots on the prooosed subdivision must abut a Town
GENERAL PROVISIONS
PURPOSE
accepted for maintenance,
r capable of being
public street by conven-
These subdivision regulations are intended and designed
to protect the health, safety and welfare of the citizens
of the Town of Avon by establishing minimum standards
for the design of land subdivision projects to insure
that all public and private facilities, including
streets and other forms of access, drainage, water
supply and sanitation improvements necessary to
support human occupation on the land are provided
while also protecting the land form, streams, and
vegetation from the effects of excessive earthwork
and deforestation resulting in extensive erosion and
other forms of environmental deterioration. To assure
attainment of these objectives, it is necessary that
each subdivision be planned in an efficient and
economical manner.
The subdivider agrees to save the Town, its officers,
employees and agents harmless from any and all costs,
damages and liabilities which may occur or be claimed
to occur by reason of any work performed upon any
subdivision platted under these regulations.
This Ordinance shall not be construed as imposing upon
the Town or any official or employee of the Town any
liability or responsibility for damages of any kind
to any person by reason of these Subdivision Regulations.
2.02 UNLAWFUL TO SUBDIVIDE WITHOUT COMPLIANCE
From and after the effective date of these Regulations,
it shall be unlawful for any person to subdivide
land within the entire area of the Town of Avon, Colorado
without having first complied with the provisions
of these Regulations.
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2.03 ENFORCEMENT, VIOLATIONS AND PENALTIES
2 .03.01 It shall be the duty of the Town Council, or its duly
appointed representative, to enforce the provisions
of these Regulations. No Final Plat of a subdivision
shall be approved by the Town Council unless it conforms
to the provisions of these Regulations.
2.03.02 Any subdivider, or agent of a subdivider, who transfers
or sells or agrees to sell or offers to sell any
proposed subdivided land before a Final Plat for
such land has been approved by the Town Council and
recorded in the office of the Eagle County Clerk and
Recorder shall be guilty of a misdemeanor and shall
be subject to a fine not to exceed three hundred
($300.00) dollars or imprisonment for a period not
to exceed 90 days or both for each parcel or interest
in subdivided land which is sold or offered for sale.
All fines collected under this provision shall be
credited to the General Fund of the Town of Avon.
2.04 OWNER OR AGENT MAY SUBDIVIDE
No person but the owner of land may subdivide or
make application to subdivide such land without
first having obtained a properly acknowledged power
of attorney to subdivide such land from the owner
or owners thereof or from the authorized agents
of said owners.
2.05 VARIANCES
Upon application by a subdivider, the Town Council,
may at its descretion, grant variances, as herein
provided, (Section 6.00) from some or any requirements
of these regulations based upon the following
criteria:
2.05.01 Whether a strict, literal application of these Sub-
division Regulations would result in an undue hard-
ship to the subdivider due to the purpose, size,
shape, location, and character of the proposed
subdivision;
2.05.02 Whether the provisions of the regulations from which
relief is requested are not materially important, in
a planning sense, to the orderly controlled development
of the tract in question;
2.05.03 Whether the granting of the request might adversely
affect the use of the land in the immediate area of
the tract in question;
2.05.04 A variance granted by the Town Council may contain
limitations as to time or disposition or use of the
tract in question in order to insure that the stated
purpose of the variance request is realized.
2.06 EXEMPTION
Upon application by the Subdivider, the Town Council
may, pursuant to rules and regulations herein provided,
grant exemption from the Town of Avon Subdivision
Regulations. The following items, individually or
in combination, shall be the criteria for approval
of applications for exemption:
(a) The division shall not violate the specifications
of any relevant, previously approved subdivision;
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(b) The division shall not result in prohibitive
physical restraints upon access to, or use of, either
of the resulting parcels;
(c) The division shall qualify as one or more
of those exempted actions found in Section 1.08.02
of the Town of Avon Subdivision Regulations.
2.07 FEES
At the time of submitting an Application, a fee shall
be paid in accordance with the following schedule:
2.07.01 Exemption . . . . . . . . . . . . . . . . . . . $ 50.00-
2.07.02 Variance . . . . . . . . . . . . . . . . . . . . $ 50AO
2.07.03 Sketch Plan
(a) for plans with 3 or fewer lots or
"condominium" units. . . . . . . . . . . . $ 50.OU
(b) for plans with more than 3 lots or
"condominium" units. . . . . . . . $ 50.00
Plus $3.00 per lot or unit
2.07.04 Preliminary Plan
(a) for plans with 3 or fewer lots or
"condominium" units. . . . . . . . . . $ 50.00/lot
(b) for plans with more than 3 lots or
"condominium" units. . . . . . . . . . $200.00
Plus 510.00 per lot or unit
2.07.05 Final Plat
(a) all plats . . . . . . . . $ 50.00
Plus $10.00 per lot or unit
(b) fees required herein do not include those
required by the County Clerk and Recorder
or other agencies for filing.
2.07.06 Any of the above fees may be increased, waived,
reduced or adjusted by the Town Council upon
specific request and for good cause shown.
2.07.07 Additional Fees:
The Town may also assess and collect such additional
fees as it may deem appropriate, provided that, when
operating pursuant to the authority granted by this
provision, the Town shall base such additional fees
upon the actual cost of performing review and inspection
and related services. Such additional fees may be
charged on a per unit basis, such as per foot or per
mile and the Town may also include in such additional
fees a factor for overhead or other indirect expenses.
2.08 ADEQUACY OF APPLICATIONS
2.08.01 All materials and information, as required by applicable
Sections of these Regulations, including applications,
fees, sketches, maps, plans, plats and reports, must
be submitted to the Town Clerk, complete in every
detail and by the times specified.
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2.08.02 No item or application which is not in compliance with
the standards and procedures of these Regulations may
be placed on a meeting Agenda of the Town Council.
The Town Clerk shall determine the compliance of each
application and shall be the authority for placing
any application or item on an Agenda.
2.08.03 Appeals from a ruling of the Town Clerk may be made
to the Town Council in writing, specifying details
of the appeal, at least 10 days prior to the regular
meeting at which the appellant wishes to be heard.
2.08.04 The Town Council, at the specified meeting, shall hear
facts and relevant information as presented by the
Town Clerk and by the appellant, and shall render a
decision in writing on how to proceed with further
action, within 35 days of the meeting.
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2.09 SUSPENSION OF APPROVAL
The Town Council may suspend or withdraw any approval
of a plan or plat or may require certain corrective
measures to be taken following a determination that
the information provided by the subdivider upon which
such approval was based is false or inaccurate or that
new significant information has been brought to their
attention. Suspension of approval may occur if con-
struction of public improvements is not in accordance
with the approved final plat and supplemental infor-
mation.
A written notice from the Town Clerk shall be served
upon the subdivider, setting out a clear and concise
statement of alleged facts and directing the subdivider
to appear at a regular or special meeting of the Town
Council not less than ten (10) days nor more than thirty
(30) days after the date of service of notice. The
Town Council shall determine at the meeting the
nature and extent of alleged false or inaccurate
information, shall consider any new significant
information that has been brought to its attention,
and shall have power, upon good cause being shown,
to suspend or withdraw any approval or require
certain corrective measures to be taken.
2.10 PERMITS FOR DEVELOPMENT
2.10.01 No permits of any kind shall be issued by the Town
Building Administrator or any other administrative
officer of the Town, for the construction of any
building or other improvements upon any land to which
these Regulations apply unless and until the require-
ments herein have been met.
2.10.02 No changes, erasures, modifications, or revisions
shall be made on the Final Plat after the approval
by the Town Council without specific approval, in
writing, by the Town Council. Such approval shall
be noted on the final plat and signed by the Mayor.
2.11 AMENDMENTS TO THE SUBDIVISION REGULATIONS
2.11.01 The procedures, standards, and criteria contained in
these Regulations may from time to time be revised,
altered or amended, and such revision may be requested
by any person, group or agency.
2.11.02 Any request for amendment shall be submitted in writing
to the Town Clerk for consideration by the Town Council.
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3.00 PROCEDURES - SUBDIVISION REVIEW
3.01 SKETCH PLAN
Any person proposing to subdivide land shall submit
a sketch plan in the form and manner hereinafter
described, together with required supplemental inform-
ation, to the Town Council at least fifteen (15) days
prior to the regularly scheduled Town Council meeting
at which the applicant wishes sketch plan review.
Information as to scheduling of meetings is available
at the office of the Town Clerk.
3.01.01 The Town Council may, at its descretion, require
reports, studies or comments from other agencies
and may require the subdivider to submit sufficient
copies of the sketch plan for transmitting to any
or all agencies as itemized in Section 3.02.02.
3.01.02 The Town Council, at its meeting, shall review
applicable provisions and requirements of these
regulations with the subdivider and consider the
sketch plan in terms of the following factors:
(a) Conformance with the master plan, policies,
guidelines, zoning and other applicable
regulations;
(b) Suitability of the land for subdivision;
(c) Reports and studies of significant hazards, areas
or activities of local interest.
3.01.03 The Town Council shall determine the suitability of
the sketch plan and establish guidelines and conditions
for proceeding to preliminary plan, or provide reasons
for not proceeding to preliminary plan. The Town
Council may request that consideration of the sketch
plan be continued to its next regularly scheduled
meeting.
3.02 PRELIMINARY PLAN
3.02.01 Preliminary Plan Review
The subdivider, in compliance with Section 4.02 of
these Regulations, must submit the preliminary plan
of the proposed subdivision with the maps and supporting
information required herein to the Town Council at
least thirty (30) days prior to the meeting at which
the applicant wishes to be heard.
3.02.02 The Town Council may, at its discretion, transmit
prints of the preliminary plan an supporting information
to one or more of the following agencies for their
review and appropriate comments and recommendations
aad further may require the applicant to provide the
prints and information needed for these transmittals:
(a) To any utility, local improvement or service
district or ditch company, when applicable;
(b) To the Colorado Department of Highways when the
proposed subdivision is adjacent to or in sufficient
proximity to affect a right-of-way, interchange
or other facility;
(c) To the Colorado Geological Survey for findings
and recommendations pertaining to geologic factors,
including geologic hazards, mineralized areas
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and sand and gravel areas-which would have a
significant impact on the proposed use of the
land;
(d) To any other agency concerned with a matter or
area-of local interest which-could be affected
by the subdivision, upon the advice of the Town
Engineer and as determined<by the Town Council.
3.02.03
The Town Council shall instruct each of the agencies
to which the prints are distributed that any of their
recommendations must be submitted back to the Town
Council within twenty-four (24) days after receipt
of such prints or the plan will be deemed to have
been approved by the agency.
j 3.02.04
The Town Council shall review the preliminary plan
.s
to_determine whether the proposed subdivision conforms
to these and other applicable regulations, policies
and guidelines and whether it represents good planning
practice.
.3.02.05
The Town Council shall review reports on file, and
others as available, pertaining to geologic, soil's,
wildfire, flood and airport hazards, mineral resource
areas, and significant wildlife areas, and shall
consider the guidelines and recommendations as prepared
by-the-appropriate agency, to mitigate hazards and
to protect resources.
3.02.06
If new material or revisions are to be submitted for
approval,-'the Town of.Avon and'its_-reviewer•s shall
have at least twenty-one (21) days to complete the
review of this material, before consideration in
front of°the Town Council.
3.,02.07
The Town Council shall hold a hearing upon any prelim-
inary plan submitted. Notice of such hearing shall'be
sent by first class mail, or delivered personally, at
least five (5) days, prior to the Bearing date, to
the subdivider and to owners of property within three
` hundred,(300)- feet of the property in-question. Owners
of-residential multi-family condominium units may be
served by.mailing (or serving) a copy of any such
notice'to the manager of the homeowners' association:
The subdivider is hereby required to furnish to the
Town Clerk the names and addresses of the owners of
property within three hundred (300) feet of the property
in question.
' 3.02.08
The Town Council may continue consideration of the-
preliminary plan for a reasonable time to some date
certain, but not to exceed thirty-five (35) days.
Following not more than one such continuance, the-
Town Council shall either approve, disapprove or
conditionally approve a preliminary plan. A written
form of such decision shall be issued, giving the
reason therefor and conditions, if any.
3.02.09
Failure of.the Town Council to act within thirty .five
days of the date of the last,hearing shall-be considered
a conditional approval of the preliminary plan; such
conditions shall include compliance with all existing
applicable regulations.
3.02.10
Approval of a preliminary plan shall be valid for
a period of two years from the date of approval.
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3.02.11 Approval may be extended for good cause shown when
such request is submitted by the subdivider in writing
to the Town Clerk at least sixty (60) days prior to
the date of approval expiration.
3.02.12 The Town Council, may at its discretion, request that
the Preliminary Plan be reviewed by the Design Review
Board for specific recommendations.
3.02.13 Before final action can be taken by the Town Council
on any preliminary plan, evidence of approval by the
appropriate utilities (including water and sewer
utilities) shall be supplied to the Town Council.
3.03 FINAL PLAT
3.03.01 The subdivider shall submit the Final Plat for all
or a portion of an area within an approved Preliminary
Plan to which it must conform, with maps and information
as required under Section 4.03, Final Plat, to the
Town Clerk at least thirty (30) days prior to a
regularly scheduled meeting. The Town Clerk shall
refer all Final Plat materials to the Town Engineer
or any other designated official who shall review
the Final Plat to ascertain that it conforms to the
approved Preliminary Plan and any requested modifications
thereto. If new or revised material is to be submitted
for final plat approval, the Town of Avon and its
reviewers shall have at least twenty-one (21) days
to complete the review of this material before
consideration in front of the Town Council.
3.03.02 The Town Engineer shall compare the legal description
of the subject property with the county records to
insure that (a) the property described contains all
contiguous single ownership and does not create a new
or remaining unrecognized parcel of less than thirty-
five (35) acres in size, and (b) the lots and parcels
have descriptions which both close and contain the
area indicated, and (c) the plat is correct in
accordance with surveying and platting standards of
the State of Colorado.
3.03.03 The Town Council, at a regularly scheduled meeting,
shall review the Final Plat and take final action on
acceptance or rejection. The Town Council may continue
its review of the Plat for additional information
if a determination is made that the plat or prior
conditions are not yet complete. The subdivider shall
cause the Final Plat and restrictive covenants, if
any, to be recorded within ninety (90) days from the
date of approval and acceptance of the Town Council.
In the event that the plat is not so recorded, the
approval of the Town Council shall be deemed to be
void and such plat shall not thereafter be recorded
unless and until the Mayor executes a written author-
ization for recordina such Final Plat. Town Council
approval of any Final Plat shall terminate in the
event that, within two (2) years from the date of
said approval, no substantial effort has been made
to realize the development as shown on the Plat.
3.03.04 Before final action can be taken by the Town
Council, evidence of approval by the appropriate
utility (including water and sewer utilities)
for the final plat shall be supplied to the
Town Council.
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3.03.05 Any provision, stipulation, restriction or covenant
filed and recorded as part of a Final Plat shall 'not
be altered subsequent to Final Plat approval by the
Town Council unless said change is first.referred to
the Town Council for approval; such changes may=be
referred to the Design Review Board for recommendations
to the Town Council.
3_.03.06 The Town Council may summarily grant permission
to alter a Final Plat, by the filing of an amended
plat, to cure errors caused by mistake which do not
materially alter the substance of the play as
represented to the Town Council.
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3.03:07 A plat or any portion thereof which has been finally
approved by the Town Council and has been recorded"
shall be subject to vacation proceedings if the
project which is the subject'of the subdivision
is riot completed within a time set by the Town
Council.
3.03.08 Part of the plat approval proceedings shall include
a determination by the Town Council'of a reasonable
time by which the project involved should be completed.
Extensions of such time limit may be obtained from
the Town Council for good cause shown, upon request
by the subdivider,o•r-•owner of the tract, if made
before vacation proceedings are instituted.
3.03.09 All plats given final approval by the Town Council
shall contain a notation indicating the time by which.
a project is expected to be completed. This notation
shall be prima facie evidence of a reasonable time
by which the project should have been completed.
3.04 GUARANTEE OF PUBLIC-:IMPROVEMENTS
3.04.01 No-Final Plat shall"be recorded,until the Subdivider
has submitted and'the Town.Council has approved one
or,a,combination-of the following:
(a) -.:The`_installation of all roads, utilities, drainage
facilities, survey monuments and other public
improvements serving all lots described in the
subdivision agreement to specifications of the
Town Council or its designated representatives; or
(b) An agreement to construct any required public
improvements shown in the Final"Plat documents
together with collateral which is sufficient,
in the judgment of said Town Council, to make
reasonable provision for the'completion of
said improvements in accordance with design
and time specifications agreed to. Collateral-
shall be one or a combination of the following:
1. Cash, or its equivalent,
2. Securities of acceptable value,
3. Letter or letters of credit,
4. Land of acceptable value by trust deed or
other acceptable means,
3.04.02 After a one 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 said
Town Council. Upon inspection and approval, the Town
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Council may authorize release of said collateral.
If the Town Council determines that any of such improve-
ments 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 insure 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 speci-
fications, 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.
4.00 PLAN REQUIREMENTS
4.01 SKETCH PLAN REQUIREMENTS
4.01.01 Maps submitted shall be drawn to scale and, as a base,
the Town of Avon Map shall be used or as an alternate
a base map produced from the USGS maps at an enlarged
scale of at least one inch to a thousand feet to allow
clear indication of the required information, which
shall include the following:
(a) Tract boundary, block and lot pattern with the
area and use of lots indicated by note;
(b) Street system with gradients and widths indicated
by note; the relationship of proposed streets
to existing streets, both on and adjoining the
sketch plan site, shall be shown;
(c) Existing development on the subject and adjacent
property shall be shown;
(d) Soil types based upon the National Cooperative
Soil Survey, USDA, Soil Conservation Service,
or on-site investigation by a Soils Engineer,
plus interpretations of soil types. Vegetation
shall be described and tree masses shown;
(e) A survey and report on the general geological,
soils, drainage, wildlife, wildfire, minerals,
radiation and other conditions on the subject
or adjacent property which could affect development
on the subject property. Said survey shall
include information and recommendations of reports
referred to in Section 3.02.02 of these Regulations
and pertinent reports on file in the office of
the Town Clerk. Equal attention should focus
on the potential effects of the proposed develop-
ment upon contiguous and adjacent properties.
The Town Council encourages the assistance of
competent professional technicians at this, and
subsequent, stages of the planning process.
4.01.02 A letter from the Subdivider shall be submitted to the
Town Council requesting Sketch Plan Review, accompanied
by a check in the amount of the required fee and including
the following information:
(a) Name of proposed subdivision
different from any recorded
County.
which shall be
subdivision in Eagle
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• •
(b) Source of domestic water and description of
the proposed method of distribution.
(c) Manner of sewage disposal and a description
of the proposed method of collection and
treatment.
(d) Manner of solid waste disposal or recycling.
4.01.03 All of the above maps, plans and information shall
be submitted in four (4) copies. Additional copies
may be required if submittal to other agencies is
required by the Town Council, and will be provided
by the applicant.
4.02 PRELIMINARY PLAN REQUIREMENTS
Preliminary Plan maps shall be drafted in a preliminary
fashion, scaled and dimensioned to the nearest foot;
construction details requested for street or utility
improvements may be shown schematically. Maps and
plans submitted shall be to the same scale, as follows:
SUBDIVISION LOT AREA SCALE
less than 10,000 sq ft
i"
= 100
or less
feet
10,001 sq ft - 2 acres
1"
= 200
or less
feet
2.01 acres - 5 acres
1"
= 400
or less
feet
more than 5 acres
1"
= 500
or less
feet
4.02.01 The entire area proposed for subdivision shall be shown
on one sheet, if practical, the only size limitation
being 42" in width. If more than one map is necessary,
given the above limitation, they shall be accompanied
by a general area map showing the relationships between
the component parts of the subdivision. All maps
except a required general area map shall conform to the
format and shall include the following:
(a) Preliminary information sufficient to indicate
that the Final Plat will meet requirements
established under CRS 1973, 38-51-102, Land Survey
Plat, as amended;
(b) North arrow, graphic scale, date of plat preparation
(and of revisions thereto) and contour interval.
(c) Boundary lines with bearings and distances, plus
a property description of-the tract proposed
for subdivision; said property description shall
be a metes and bounds survey unless an acceptable
parcel description identifies the property as
subject of a previously recorded survey.
(d) Departing property lines and owners of record
of all parcels adjoining the proposed subdivision,
including parcels separated therefrom only by
a public right-of-way;
(e) Existing contours at five (5) foot intervals
on all portions of land proposed for development
to either public or private use, to ten (10)
foot intervals for all areas to remain in
natural state, except that areas sloping less
than 2% shall have two (2) foot contour intervals.
All mapping shall meet
Standards with ninety
elevations determined
one-half (1/2) contour
National Map Accuracy
(90) per cent of the
from the map within
interval of true
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•
n
U
elevation and the remaining ten (10) per cent
of such elevations shall be in error by no
more than one contour interval.
(f) Plans and reports shall be prepared, dated
and signed by professional persons as follows:
(1) Legal description and maps - by a Registered
Professional Land Surveyor licensed in
the State of Colorado.
(2) Utility, road, grading and drainage plans -
by a Registered Professional Engineer
licensed in the State of Colorado.
(3) Soils Reports - by a Registered Professional
Engineer licensed in the State of Colorado
actively engaged in the practice of soils
engineering.
(4) Landscaping plans - at a minimum by a Licensed
Architect or a Professional Landscape Architect
practicing in the area.
(5) Geologic reports - by a Registered Professional
Geologist as defined in Chapter 51, 1963,
Colorado Revised Statutes.
(6) Wildfire reports - by a Professional Forester
as recognized by the Colorado State Forest
Service.
(g) Street names and a block and lot numbering system
shall be shown.
(h) Approximate area and use of each lot.
(i) Sites to be reserved or dedicated for public
parks, schools and other public buildings,
facilities or use.
(j) Common open space not reserved or dedicated to
the public.
(k) Additional information shall accompany the Preliminary
Plan as follows:
(1) Name of the proposed subdivision which shall
be different from that of any existing
subdivision previously recorded in Eagle
County.
(2) Name and mailing address of the record owner
or owners, the subdivider and the person
or firm preparing the Preliminary Plat.
(3) Names and mailing addresses of the owners
of land within three hundred (300) feet of
the land to be platted. Owners of residential
multi-family condominium units shall be
designated by the name and address of the
manager of the homeowners' association.
(4) Total acreage of land to be subdivided
and acreage intended for each type of usage
in sufficient detail to satisfy requirements
under CRS 1973, 30-28-136.
(51 Filing fee as provided in Section 2.07.
--15,
•
(6) Proposed terms of reservations or dedications
of public sites for parks, schools and other
public buildings, facilities or use.
(7) Brief description of proposed covenants.
(8) Statement realistically demonstrating the
needs for the proposed subdivision, including
current availability of lots and housing,
current and future needs and demand for
housing and types of housing in the Town
of Avon and other supporting information.
(1) All professionals involved in the development
of subdivision documents shall state in writing
all other plans and documents which they have
reviewed which affect, or would be affected
by their product and shall further state that
all plans and documents reflect the relevant
limitations and constraints observed.
4.02.02 A vicinity sketch map shall be drawn at a scale of one
inch equals 1000 feet, although if such maps are not
available, a USGS map, 1:24,000 scale may be accepted.
The vicinity sketch map shall depict tract lines and
names of all abutting subdivisions, the location of
streets and highways within an area of approximately
one-half mile of the proposed subdivision tract, the,
location of all adjacent utility systems within an
approximate half-mile area minimum, the natural
drainage courses for streams flowing through the
proposed subdivision with the limits of tributary areas
shown where this is reasonable. All maps submitted
in accordance with this subsection shall include clear
indications of the section, township and range containing
the lands which are the subject of the maps.
4.02.03 The site's geological, mineral resource, drainage and
floodways, soil vegetation and wildfire and other
natural or man-made characteristics including hazards
which will affect the proposed land use shall be
investigated and shown on a map, accompanied by such
reports as thought necessary to complete description
of the existing conditions. At a minimum, the investi-
gation and maps shall include information and recom-
mendations contained in Section 4.01.01(e) of these
Regulations.
(a) Geology - Bedrock Lithology and the stratigraphy
of overlaying unconsolidated materials shall be
generally described and/or illustrated in sufficient
detail to indicate any potential development
problems resulting from ground water, subsidence,
instability in road excavations and fills,
expansive soils, drainage, structural bearing
strength for building foundations, etc.
(b) Soils - Soil types and their boundaries based
upon the National Cooperative Soil Survey, USDA,
Soil Conservation Service, or on-site investigation
by a Soils Engineer, plus a table of interpretations
for included soil types shall be mapped and
described.
(c) Vegetation - Plant associations, including a
description of adapted materials shall be mapped
and described following practices of the Soil
Conservation Service; major tree masses shall
be shown on the Plan.
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9 0
(d) Wildlife - The wildlife species inhabitation
inventory, including wildlife habitats which
may be affected by the proposed subdivision,
shall be mapped and described following the
practices of the Colorado Division of Wildlife.
(e) Wildfire - The relationship of vegetation types,
aspect, slope and weather in the area of the
proposed subdivision shall be inventoried and
mapped following practices of the Colorado Division
of Forestry to determine wildfire hazard conditions.
4.02.04 On a plan supplemental to and at the same scale as the
Preliminary Plan Maps, the following shall be depcited:
(a) Generalized grading plan for the roads and drainage-
ways to be developed for public or private use,
showing existing and revised contours and any
proposed retaining structures.
(b) Cross sections to illustrate.potentially difficult
grade relationships between proposed roads, building
sites and parking areas, and the recommended
solutions to these problem areas.
(c) Street Plan and Profiles - Plan views and center-
line profile shall be plotted on sheets supple-
mental to the drainage plan. These plans and
profiles shall show all intersections with
existing streets and all existing and proposed
drainage areas and easements crossing, or parallel
to the roads. Also shown will be any known areas
of high water table, unsuitable soils and other
geological hazards. These plans shall include
a typical cross section showing road widths -
including driving surface, shoulders, curbs and
gutters, barrow ditches, cut and fill slopes
to the point of intersection with natural ground
and the pavement structure details proposed.
The plan shall include the extremities of all
cut and fill areas. Supplemental sheets, if
necessary, shall be included to illustrate all
drainage, retaining and bridge structures to
be constructed as part of the roadway.
(d) Drainage Study - A drainage study shall be prepared
in accordance with Section 5.03 of these Regulations.
This study shall include a contour map showing
all existing and proposed water courses, including
the seasonal course-limits of tributaries, indicating
the surface conditions and locations of points
of departure from the development. This study
shall include computations of 10 year flows and
100 year flows, in addition to an indication
of the limits of the 100 year flood plain plotted
on the contour map. The drainage study shall
also include computations of the increase or
decrease in flows anticipated as a result of
the development, the capacity and velocity through
all drainage structures, including open channels,
and the revised flood plains shall be plotted
on a contour map. In no case shall the area within
the 100 year flood plain be used for structural
development without specific approval of the Town
Council. Detention ponds and/or infiltration
galleries shall be included in the drainage plan
to reduce peak runoff rates and to minimize
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•
•
pollution release to receiving streams when such
can be reasonably fit into the development and
when they will not create unusual maintenance
responsibilities for the Town. The drainage study
shall comply with the hydrology recommended in the
"Procedures for Determining Peak Flows in Colorado.
Those procedures are contained in the U. S. Depart-
ment of Agriculture Soil Conservation Service
Paper Dated 1972.
4.02.05 All applicants are required to approach the Avon
Metropolitan District and the Upper Eagle Valley
Sanitation District for water and sewer service
respectively. A letter from the proper District denying
service must be presented before consideration will
be given to allowing the applicant to proceed with
alternate water supply and/or sewage disposal systems.
On a plan supplemental to and at the same scale as
the Preliminary Plan Map, the following shall be depicted:
(a) Alternate Water Supply--- If a central water supply
and distribution system is to be provided, a general
description of the system shall be shown.
(1) Source - Adequate evidence prepared by
a Registered Professional Engineer that
a water supply that is sufficient in terms
of quality, quantity and dependability
will be available to insure an adequate
supply of water for the type of subdivision
proposed.
(a) Evidence of ownership or right of
acquisition of or of existing and
proposed water rights.
(b) Historic use and estimated yield
of claimed water rights.
(c) Amenability of existing rights
to a chanae in use.
(d) Evidence confirming the potability
of the proposed water supply for
the subdivision.
(2) The nature of the legal entity which will
own and operate the water system shall
be described as well as the proposed
method of financing.
(3) If connection is to be made to an existing
system, as a minimum, the following infor-
mation shall be provided:
(a) The nature of the
will supply water
subdivision.
(b) Evidence that the
willing to service
subdivision.
legal entity which
to the proposed
above entity is
the proposed
(c) Information on present service require-
ments, future commitments, and present
water supply capabilities.
(d) Information on the water rights owned
and used by the above entity.
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(4) If it is intended that individual water
systems will be provided by lot owners,
a report indicating the availability of
ample potable ground water at estimated
depths throughout the subdivision and
the expected quality and long-term yield
of such wells shall be provided by a
Registered Professional Engineer or Geologist
qualified to perform such work. The cumulative
effect of on-lot domestic wells shall be
considered on existing water rights.
(b) Alternate Sanitary Sewage Disposal If a central
sanitary sewage system-is to be provided, a general
description of the collection system and treatment
facilities shall be shown.
(1) Treatment - Evidence that public or private
sewage treatment facilities can and will
provide adequate sewage treatment for the
proposed subdivision if such service is
to be provided by an existing district.
(2) The nature of the legal entity which will
own and operate the sewer system shall be
described.
(3) If connection is to be made to an existing
sewer system, as a minimum, the following
information shall be provided:
(a) The nature of the legal entity which
will treat the wastewater to the proposed
subdivision.
(b) Evidence that the above entity is willing
to service the proposed subdivision.
(c) Information on present service require-
ments, future commitments, and present
wastewater treatment capabilities.
(4) If it is intended that sanitary sewage
disposal will be accomplished by individual
lot owners, the results of soil percolation
tests and maximum ground water level data
where applicable shall be furnished. Location
of percolation tests shall be indicated on
the plat. The percolation tests shall be
performed and signed by a Registered Professional
Engineer, Geologist or Sanitarian qualified
to do this work. The number and locations
of tests shall be as necessary to meet require-
ments of the County Health Officer and the
Colorado Department of Public Health, Water
Pollution Control Commission.
(c) Underground Utilities - Underground distribution
of gas'(if available), electrical power or
communication lines are required and a description
of the system or systems shall be shown. The
subdivider shall present written evidence that the
utility companies involved have been advised of
the proposed system and that an agreement on design
has been reached.
Evidence shall be provided that the utilities
involved are willing to service the proposed
subdivision.
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•
(d) Fire Protection - An adequate supply of water
storage facilities, hydrant spacing, water main
size, and other related systems shall be shown to
comply with the Uniform Fire Code currently
adopted and in effect, and the grading schedule
for Municipal Fire Protection and Guide for
Determining Required Fire Flow published by
the Insurance Services Office shall be followed.
4.02.06 A revegetation and/or landscaping plan shall be required
of any applicant proposing three or more units (dwelling,
commercial, etc.) in any one project. The Town Council
or its authorized representative, may impose the
requirement upon any other applicant at the Town Council's
option. Numbers of units notwithstanding, potential
damage to existing landscaping/vegetation shall be
adequate reason for requiring a landscaping plan.
All plans submitted shall be prepared by a person
who qualified under Section 4.02.01 (f) (4) of these
Regulations. At a minimum, plans submitted under
this subsection shall include revegetation of land
disturbed by development.
4.02.07 All of the above maps, plans and supporting documents
shall be submitted in four (4) or more copies as
required by the Town Clerk.
4.03 FINAL PLAT REQUIREMENTS
The Final Plat shall be drafted in a legible form with
black, waterproof ink on a permanent reproducible
material such as mylar, on a sheet or sheets measuring
twenty-four (24) by thirty-six (36) inches with clear
margins measuring two (2) inches on the left hand
side and one-half (1/2) inch on the remaining sides.
The Plat shall show the name of the subdivision, date,
date of survey, north arrow and graphic scale and
a vicinity map to appropriate scale. Where multiple
sheets are necessary to depict the total filing,
the vicinity map, legal description of the tract
boundary, a key map to sheet location and all certi-
fications and dedications need to appear on the title
or cover sheet. Scale of the Final Plat shall be
consistent with that of the Preliminary Plan, or
at such larger scale as necessary to clearly convey
all necessary information.
4.03.01 The Final Plat shall adhere to the format and include
information as follows:
(a) Tract boundary lines and right-of-way lines
or street lines in solid black lines; easements
or other right-of-way lines in dashed lines;
and lot boundaries in solid lines shall be shown
with accurate dimensions to the nearest 0.01 foot.
Bearings or deflection angles, arc lengths,
tangent distances and central angles of all
curves shall be shown. Each lot shall be numbered
and the dimensions and area of each lot shall
be shown. Widths and dimensions of all easements,
rights-of-way and streets shall be indicated.
In addition to requirements described herein,
the Final Plat shall meet all requirements
established under CRS 1973, 38-51-102 Land Survey
Plat, as amended.
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(b) Names of all streets or roads, block and lot
numbers shall be indicated for easy plat
identification. Street addresses shall also
be shown on each lot and each number shall be
circled to distinguish these numbers from lot
numbers. The Building Administrator shall
designate the appropriate street addresses.
4.03.02
(c) The location of all major drainage channels or
areas showing the boundaries of lands subject
to inundation by the 100 year flood event.
(d) All surveying data shall be tied to primary control
as specified in CRS 1973, 38-51-101 et seq. Steel
pins with metal caps shall be set in 8" concrete
monuments, 36" deep, at at least two property
corners at intersections, at each curve, and at
such additional points as necessary for inter-
visibility of monuments along street rights-of-way.
(e) Vicinity map at a scale of 1 inch equals 1,000
feet and including section lines, and township
and range lines where practical.
(f) Certifications and information as follows:
•
(1) Name and address of owners of record.
(2) Total acreage of subdivision, total number
of lots, and acreage within the subdivision
devoted to each use such as single family
residential, commercial, street, or open
space.
(3) A reference to any protective covenants which
shall be filed with the plat and an indication
of the purpose for which sites other than
residential lots are dedicated or reserved.
(4) A Certificate of Dedication and Ownership
(See Appendix A).
(5) Surveyor's Certificate (See Appendix B).
The certificate shall be signed by a
Registered Land Surveyor in the State of
Colorado who is responsible for the survey
and Final Subdivision Plat.
(6) An approval block for the Town Council
(See Appendix C).
(7) The Recorder's Certificate (See Appendix
D).
Supplemental requirements to be filed with the Final
Plat shall be as follows:
(a) A letter must be received stating that all
supplemental information furnished with the
Preliminary Plat is valid for the Final Plat
or if this is not the case, revised supplemental
data of the same scope and format as required
for the Preliminary Plat shall be furnished.
(b) Filing Fee as required under Section 2.07.
(c) Three copies of all the protective covenants
or restrictions placed on the subdivision, one
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6 6
copy of which shall be filed for record in
the office of the Eagle County Clerk and Recorder
at the time of recording the Final Plat.
(d) Preliminary construction plans and specifications,
time schedules and cost estimates for all public
improvements - including streets, access roads,
drainage facilities, utility systems, bridges,
landscaping and other improvements proposed
or required to be installed by the developer,
and a statement of proof that the subdivider
has the ability to pay for such improvements.
All such construction plans and specifications
shall be prepared as per Section 4.02.01(f).
(e) Approval of the plat of the entire area of the
subdivision may be given, and improvements may be
installed in only a portion of the subdivision;
provided that a street or streets are dedicated
or provided to allow access to said portion, and
the improvements are installed on said street or
streets. Any utilities construction in a portion
of a subdivision shall be designated and built in
such a manner that they can be extended or expanded
to serve the entire subdivision.
No lot shall be developed, offered for sale or sold.
excepting within that area and portion wherein the
improvements have been installed or collateral
furnished, funds placed in escrow or other assurance
given to insure the installation thereof, and if
the plat is recorded in the office of the County
Clerk and Recorder, said plat shall contain a
statement that lots described in the plat may be
sold only in the area where the improvements have
been installed or other conditions of this article
complied with.
No construction of subdivision improvements shall
be started until the improvement plan for the entire
area covered by the final plat has been approved by
the Town Council. After the improvement plans have
been filed and the approval of the Town Council has
been obtained, the subdivider shall construct the
required improvements subject to obtaining the
required permits from the Town.
All required subdivision improvements, as specified
in this article 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 improve-
ments for a one year period.
(f) A subdivision agreement to be executed by
the subdivider and the Town Council at the
time of approval of the Final Plat. Said
agreement shall be in the form agreed to
and specified under Section 3.04.01(b) of these
Regulations and shall include all items under
Section 4.03.02(d).and/or (e) and additional items
as may be required by the Town Council.
(g) A final court decree of adjudicated water rights
for adequate quantity and use, shall be a
prerequisite of a Final Plat approval if applicable
under Section 4.02.05(a).
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4.03.03 All of the above maps, plats and information shall
be submitted in original and three copies thereof.
An additional mylar copy of the final plat is also
required which must be signed and all filing data
placed on it and returned to the Town Clerk for Town
records.
4.04 MINOR SUBDIVISIONS
Minor subdivision as defined in Section 1 of these
Regulations shall adhere to the following requirements:
4.04.01 Satisfactory evidence must be furnished to the Town
Council of the willingness of the Avon Metropolitan
District to serve the proposed subdivision with
adequate water for each lot.
4.04.02 Satisfactory evidence must be furnished to the Town
Council of the willingness of the Upper Eagle Valley
Sanitation District to provide the subdivision with
adequate sewage treatment for each lot.
4.04.03 Satisfactory evidence must be provided to the Town
Council concerning the geology, soil, topography,
drainage, fire protection, and any other conditions
so as to indicate the Subdivision will not create
any hazards and that all lots will contain safe,
adequate building sites.
4.04.04 A site plan, final plat and supplemental information
shall be submitted to the Town Clerk in accordance
with the current policy of submittal deadline, number
of copies required and filing fee.
(a) The site plan shall be drawn and submitted
in accordance with the standards set forth in
Preliminary Plan requirements of these Regulations
or Design Review Board Rules and Regulations.
(b) The Final Plat shall be drawn and submitted
in accordance with the standards set forth in
Final Plat requirements in these Regulations.
4.04.05 After reviewing the submittals required above, the
Town Council may approve the subdivision as a minor
subdivision if it finds that all the requirements
listed above have been met without waiver. Upon
final approval by the Town Council, the map shall
be filed with the Eagle County Clerk and Recorder
upon payment of all required filing or recording
fees. One mylar copy of the subdivision plat shall
also be filed with the Town Clerk.
4.04.06 Applicability of a proposed subdivision to the minor
subdivision procedure is to be determined by the
Town Council. Applications may be determined to
not be in accordance with the regulations and be
directed through the full subdivision process.
4.05 DUPLEX SUBDIVISION
Duplex subdivisions as defined in Section 1 of these
Regulations shall adhere to the following requirements:
4.05.01 A-Final Plat showing the subdivision of the duplex and
Lot and a Party Wall Agreement outlining the responsibility
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of each owner with respect to maintenance, restoration
and upkeep of the building, and provisions for land-
caping and maintenance of the common elements of the
Duplex Subdivision shall be submitted to the Town Clerk
in accordance with the current policy of submittal dead-
line, number of copies required and filing fee.
4.05.02 The Town Attorney and the Building Administrator shall
review the documents submitted pursuant to this Section
and determine whether or not all the requirements have
been met. Upon a finding that all requirements have been
met, they shall recommend to the Town Council that final
approval be granted. Upon final approval by the Town
Council, the plat and Party Wall Agreement shall be filed
with the Eagle County Clerk and Recorder by the Town Clerk
pursuant to the applicable statutes upon payment of all
required filing or recording fees. One mylar copy of the
Plan and a signed copy of the Party Wall Agreement shall
also be filed and remain with the Town Clerk.
4.05.03 The Final Plat shall be drawn and submitted in accordance
with the standards set forth in Final Plat requirements
in these Regulations.
4.05.04 Applicability of a proposed subdivision to the Duplex
Subdivision procedure is to be determined by the Town
Attorney and/or Building Administrator at their discretion.
Applications may be determined to be not in accordance
with the regulations and be directed through the full
subdivision process.
5.00
5.01
DESIGN AND IMPROVEMENT STANDARDS
The individual lots and subdivision layout, the
constructed improvements and engineering investigation
and design shall conform to the provisions of this
article.
SUITABILITY OF LAND FOR SUBDIVISION
Land subject to natural hazards such as flooding,
falling rock, land slides, snow slides, wildfire
or other natural hazards shall not be platted for
any use which might endanger the health, safety
or welfare of the inhabitants. Such lands shall
be reserved for other uses which will not present
these hazards.
5.02 STREETS
5.02.01 STREET PATTERN:
The street pattern in the subdivision shall be
in general conformity with a plan for the most
advantageous development of adjoining areas. Where
appropriate to the design, the streets shall be
continuous and in alignment with the existing plat
or platted streets with which they are to connect.
Proposed streets shall be extended to the boundary
lines of the land to be subdivided unless prevented
by topography or other physical conditions, or unless,
in the opinion of the Town Council, such extension
is not necessary for connection of the subdivision
with the existing layout or the probable future layout
of adjacent tracts. All dead-end streets shall be
provided with a turnaround. Design of dead-end streets
shall include areas for storage of plowed snow.
Proposed streets shall intersect one another as nearly
at right angles as topography permits. Excessively
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long residential streets conducive to high-speed
traffic shall be discouraged. Alleys will not normally
be permitted in residential subdivisions but may be
required in commercial areas. Where subdivisions are
located adjacent to existing or proposed arterial or
sub-arterial highways, the subdivision street pattern
shall conform to highway plans. Intersection of
proposed streets in the subdivision with such highways
shall be held to a minimum. Lots bordering such
highways shall be either reverse-facing (on an internal
street within the subdivision) or be served by a
frontage road designed to collect traffic from within
the subdivision and provide access to a designed inter-
section with the arterial or sub-arterial highway.
5.02.02 PRIVATE STREETS:
The creation of private streets is discouraged. Private
streets may be permitted based on the character and
location of a proposed subdivision, providing the
following requirements are satisfied: the right-of-way
width, grades, curves, sight distances and improvements
within the proposed subdivision are all in conformance
with requirements of this ordinance and there is no land
either adjacent to or in the vicinity of the proposed
subdivision which will be denied public access for
traffic, utilities, drainage or other purposes through
creation of private streets and provided an adequate
home owners association or other entity is formed to
be responsible for all maintenance of said private
streets.
5.02.03 NEW STREET CLASSIFICATIONS
(a) All streets within the proposed subdivision
shall be classified by the Town Council in
one of the following general classifications:
Arterial Streets: A broad roadway with
lim-'ited property access providing high-
volume access within and around the Town
and being traffic loaded primarily by
Collector roads.
Collector Streets: A roadway providing access
to properties and being traffic loaded primarily
by local roadways.
Local Streets: A roadway to provide direct
access to property frontage and to allow minimum
traffic flows particularly within residential
areas.
Cul-de-sacs: Cul-de-sacs are dead end local
streets. The overall length of a cul-de-sac
from the intersection with another street or
road to the radius point of the turn around
will not exceed 1000 feet. No cul-de-sacs
will service more than 20 residential units.
Cul-de-sacs will be allowed only in those cases
where it can be adequately assured that the
roads will be passable year around by virtue
of minimum grades and curvature, adequate
parking, and snow removal. Each cul-de-sac
shall have a minimum of 36 foot paved radius
roadway "bulb" at the dead end.
(b) To determine road classification, the following
table shall be used, unless otherwise directed
by the town. This table is based upon average
daily traffic (ADT). The value used should
be based upon the Town of Avon's Master Plan,
or other source(s) approved by the Town.
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PRACTICAL CAPACITY FOR SPECIFIC
TYPES OF ROADWAYS
Type of Roadway
Arterial
Collectors
Local Streets
Practical Capacity
8,000
4,400
n/a
Capacities shall include truck traffic calculations.
5.02.04 RIGHTS-OF-WAY WIDTHS:
Rights-of-way shall be provided to the following
minimum widths.
Arterial Streets 80 feet
Collector Streets 60 feet
Local Streets 50 feet
Cul-de-sacs 50 foot radius
"bulb" at a dead end
Rights-of-way widths shall be increased or easements
provided as necessary to include all cut and fill
slopes necessary for road construction and maintenance.
In calculating this width, all slopes will be calculated
at the rate of 3 feet horizontal to 1 foot vertical,
except in those cases where adequate engineering reports
are submitted by the subdivider to assure the Town
Council that the back slopes will be stable at steeper
slopes. In areas of unstable soils, additional slope
protection shall be provided for, as indicated by a
Soils Engineer.
5.02.05 ROADWAY WIDTHS:
Roadway widths will be designed and constructed in
accordance with the following table:
Driving Each Side as Applicable
Street Surface Shoulder Drainage
Clarification Width Each Side Parking Each Side
Arterial Street 44 ft. 8 ft. Emergency Only 10 ft.
Collector Street 24 ft. 8 ft. Emergency Only 10 ft.
Local Street 22 ft. 4 ft. Not allowed 10 ft.
Note: Minimum channelization may be required.
5.02.06 GRADES, CURVES, AND SIGHT DISTANCE:
Grades, curves, and sight distances shall be subject to
approval of the Town Council to assure proper drainage
and safety for vehicles and pedestrians. The following
table establishes minimum design criteria:
Minimum Minimum
Street Design Maximum Curve Stopping
Classification Speed Grade(1)(2) Radius Sight
Distance
Arterial Street
40
mph
5%
500
ft
300
ft
Collector Street
30
mph
6%
300
ft
200
ft
Local Street
30
mph
8%
100
ft
200
ft
(1) Design in accordance with Design of
Roadside Drainage Channels, US Bureau
of Public Roads.
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0
(2) Maximum grades for distance equal to
the stopping sight distance from inter-
section shall be 6 percent. In addition
the maximum grade for fifty (50) feet
from the intersection shall be 4.0%.
Variances from the preceeding table (Section 5.02.06)
may be granted by the Town Council upon satisfactory
demonstration of need with adequate design to
minimize the effects of any variance granted. All
design and construction shall incorporate other
standard highway design consideration such as crowns,
super elevation, spiral transitions, etc. Vertical
curves shall be used in all cases where the change
in grade exceeds 1.5 percent.
5.02.07 RELATIONSHIP TO ADJACENT SLOPES:
On all areas of land proposed for subdivision whereon
the general configuration of the undisturbed surface
slopes 20% or more in any direction, (meaning that
20 feet of elevation is gained or lost in each 100
feet measured horizontally), a grading plan showing
revised contours for street construction through
such areas shall be submitted. Such plan shall
depict the extent and slope of cut and fill areas
created by street construction and insure provision
for vehicular access to each lot created by the
proposed subdivision and served by the road to be
constructed. Any proposed retaining structures
shall be designed in detail with cost estimates.
All cut and fill slopes and retaining structures
shown as a result of street construction shall be
located within the proposed dedication of street
right-of-way or provided easements. A revegetation
plan shall be submitted for all cut and fill slopes.
The revegetation plan shall utilize native or similar
horticultural materials and include a cost estimate
for implementation. The revegetation plan shall be
implemented concurrently with street construction.
5.02.08 ROADWAY STRUCTURAL SECTION:
All street and roads shall be laid out and constructed
by the subdivider at his expense. Roadway construction
shall be in accordance with such regulations as promul-
gated by the Town Council or its authorized represen-
tative.
Pavement structural sections shall be designed
by a Registered Soils Engineer to withstand the
loads anticipated on the sub-grade material present.
As a minimum, all streets will be designed to either
the American Association of State Highway officials
(AASHO) Group Index Method, the California Bearing
Ratio Method, or the Hveem Stabilometer Method.
The subdivider shall submit complete construction
specifications to the Town for approval as a part
of final plat submittal. The specifications shall
cover all work involved, including but not limited
to, stripping and grubbing, excavation and embankment,
compaction, base and surface course, installation of
drainage facilities, re-seeding, sign installation
and shall include material and method specifications.
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5.02.09 DRAINAGE:
The subdivider shall be responsible for constructing
all drainage facilities required, and providing all
drainage easements required, as determined by the
drainage study. All drainage facilities shall be
designed by a Registered Professional Engineer in a
manner that will protect all roadways and adjacent
lots. Particular attention will be given to items
which will prevent overtopping erosion or silting up
of drainage facilities. Culverts shall be of sufficient
length to extend beyond the point where a 2 horizontal
to 1 vertical slope from the edge of the road shoulder
intercepts the bottom of the culvert, or headwalls
shall be installed. All drainage facilities under the
roadway shall be designed and constructed to withstand
a AASHO recommended HS-20 loading. The minimum accepted
culvert size shall be 15 inches in diameter. Open
channels shall be a trapezoidal shape with a minimum
side slope of 2 horizontal to 1 vertical. They shall
be sized to retain the anticipated flows at the approved
velocities. Drop structures shall be installed as
necessary. All drainage easements shall be a minimum
of 20 feet wide. Where necessary, storm sewers with
appropriate inlets and manholes will be constructed
by the subdivider.
5.02.10 BRIDGES:
It shall be the responsibility of the subdivider to
construct, reconstruct or repair all bridges within
any proposed subdivision to meet the following minimum
requirements:
-(a) Sufficient strength to accommodate an AASHO
HS-20 live load.
(b) Provide a width equal to or greater than the
approved Driving Surface plus four feet.
(c) Adequate pedestrian facilities including walkways
and handrails.
(d) Hydraulic capacity to pass the maximum 100 year
probable flow as determined by the drainage
study without excessive inundation or velocities.
(e) Roadway approach grades and curvatures to approach
safe sight distance.
(f) Adequate channel and wingwalls to protect approach
roadway fill.
5.02.12 STREET NAMES:
Names of streets shall be subject to the approval of
the Town Council and wherever applicable shall be
consistant with the surrounding areas.
5.02.13 RAILROAD CROSSINGS:
The subdivider shall be required to obtain all permits
and necessary forms and perform all work required by
the Public Utility Commission in the event any portion
of his subdivision involves a railway crossing.
5.02.14 ROAD ACCEPTANCE:
The subdivider shall post at all entrances to the sub-
division a sign which states "NOTICE - Roads within
this subdivision have not been accepted by the Town of
-28-
Avon". This sign shall remain in place until
acceptance by the Town of Avon of the roads within
the subdivision. Acceptance inspection of roads will
not be made during the period of November 15 through
May 15 of the following year.
5.02.15 Guardrails shall be installed at bridges, bridge
approach sections, on the outside of sharp-radius
curves, or at other locations specified by the Town.
The design of guardrails shall be as outlined as a
'Type-3 Guardrail' from the Department of Highways,
State of Colorado, or equivalent construction.
5.02.16 Soil Compaction shall be required for fill of all
utility lines (including service connections) within
highway or street rights-of-way. The compaction shall
be 95% Standard Proctor.
5.02.17 All service connections shall be stubbed out from the
main utility line to the right-of-way line prior to
paving.
5.03 DRAINAGE
5.03.01 DRAINAGE STUDY AND IMPROVEMENTS:
The subdivider shall be responsible for submitting a
drainage plan for the subdivision prepared by a
Registered Professional Engineer licensed in the State
of Colorado. He shall further provide all easements
and construct all drainage facilities called for in the
approved plan. The drainage study shall be in accordance
with Section 4.02.04(d) of these Regulations and in
addition to the followings:
5.03.02 FLOOD PLAIN DEFINED:
100 year flood plain is defined as the area that can be
anticipated to be inundated by the 100 year frequency
storm. This area shall be divided into two sub-areas:
(a) The High Hazard Area which is defined as that
area where severe damage to structures and possible
loss of life could be expected. This area shall
be defined as the portion of the flood plain where
water velocities can be expected to be three feet
per second or higher or the water depth can be
expected to exceed one foot. This area shall
be reserved for open space and shall not be
developed without the specific approval of the
Town Council at the recommendation of the Town
Engineer and of the Colorado Water Conservation
Board.
(b) The Low Hazard Area is defined as the remaining
portion of the 100 year flood plain where it is
not anticipated that the water velocity will
exceed three feet per second or the depth of
one foot. This area may be used for any purpose
not requiring permanent structures when such uses
or structures are otherwise in compliance with
all other Town Regulations; however
(c) The Low Hazard Area should not be used for:
(1) Storage or processing of materials that
in times of flooding are buoyant, flammable,
explosive, or otherwise potentially injurious
to human, animal, or plant life;
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0
•
(2) Solid waste disposal sites;
(3) Uses which will result in enlargement of
the floodplain causing damage to or on
lands other than those proposed for develop-
ment;
(4) New or replacement water supply systems
or sanitary sewage systems that do not make
provisions for minimizing or eliminating
infiltration of floodwaters;
(5) Development which does not minimize flood
damage.
5.03.03 DRAINAGE STRUCTURES REQUIRED:
Drainage structures are defined as all facilities
necessary to control the direction, depth and velocity
of water flow within a proposed subdivision. Drainage
structures shall be required to direct and control the
flow of all permanent and seasonal water courses.
5.03.04 ROADWAYS DESIGNED AS DRAINAGE STRUCTURES:
Roads shall be designed to insure that they will remain
open to vehicular and pedestrian traffic in, at least,
the following circumstances:
Local Streets, during periods of runoff
anticipated from a 10 year frequency storm.
Collector Streets, during periods of runoff
anticipated from a 50 year frequency storm.
Arterial Streets, during periods of runoff
anticipated from a 100 year frequency storm.
Roadways will be designed in a manner that will
insure that major damage will not result from
runoff from a 100 year frequency storm.
5.03.05 DESIGN OF DRAINAGE STRUCTURES: .
Drainage structures shall be designed by a Registered
Professional Engineer licensed in the State of Colorado
who is qualified in the fields of hydrology and hydraulics
and shall be approved by a Registered Professional
Engineer licensed in the State of Colorado qualified in
the field of soils engineering. They shall be designed
to prevent heavy sedimentation within, or erosion
of channels, overtopping of channels and damage
to the structure. Drainage structures shall be
designed in a manner that will not adversely affect
adjacent property in any of the following manners:
(a) relocation of the point where channels cross
the boundary line of the subdivision.
(b) increasing the depth of flow, or velocity at
the point where channels cross the boundary
line.
Drainage structures shall be adequately described
and detailed. This may require field surveys to define
cross section, profiles, the computation of backwater
curves.
Culverts shall be designed and detailed to show the
size, length, slope and headwater depth at a maximum
flow.
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5.03.06 NON STREAM DEGRADATION:
At the time of preliminary,plan approval, the subdivider
shall show evidence and plans to insure that his
proposed development does not result in reasonably
avoidable degradation of streams. This condition shall
apply to both his development activities and the ultimate
use of the land. Items such as settling ponds, filtration
galleries, sandtraps, and the,ultimate maintenance
of these items shall`be-addressed and resolved prior
to subdivision approval.
5.03.07 PROCEDURES FOR DETERMINING RUNOFF:
The-Engineer for-':the•- subdivider, shall be allowed to use
any recognized method for calculating runoff, subject
to the approval of the Town of Avon. The drainage study
shall specify the method used, shall -include all maps
and calculations shall specify all assumptions and
coefficients used. '-The--Town Engineer shall review the
drainage study and shall have the authority to require
the use of different coefficients, corrections to calcu-
lations or the submittal of additional information.
5.04. WATER SUPPLY
Water supply shall be available or made,available
to all-lots platted. The water system, as proposed,
the availability of the water sources shall-,be
explained and certified by a Registered Professional
Engineer licensed in-the State76f Colorado'and-,an Attorney,
if necessary to substantiate water rights. Water
supply, treatment and distribution facilities must
be provided in conformance with the requirements
of the Colorado Department of Public Health and
the Town Council through their designated represen-
tatives. Design of any proposed water system may
be of a feasibility or schematic level at the Sketch
Plan stage. Design submitted with the.Preliminary
Plan shall be of a Preliminary.Engineering level
sufficiently detailed to permit accurate cost
estimates: Complete construction plans and specifi-
cations shall be submitted with the Final Plat.
The adequacy of water supply for any,proposed.system
shall be calculated on total development of the
subdivision-served following standard engineering
practice based.on per capita water usage derived
from peak demand, storage and fire protection
requirements; with the last-named requirement
related to location and character of the subdivision.
Construction of facilities may be on a phased basis.
Unless otherwise approved by the Town Council,
fire hydrant spacing shall conform with Section
4.02.-05(d) and the minimum size of water mains
shall be six inch diameter. Where a central water
system is to be installed, an organ-ization-shall
be set up to administer the operation of this
system.
The subdivider shall be required to make application
to the Avon Metropolitan District for water service
and a letter from the District-regarding this
service shall be required.
5.05 SANITARY SEWAGE DISPOSAL
The design and construction of the sanitary sewer
system must be in conformity with the regulations
of the Colorado Department of Public Health and
= 31=
,0 1*
must be approved by that Department and by the
Town Council through their authorized representative.
Collection sewers shall be designed and provided
to service each lot. Design of any proposed sewage
collection and treatment system may be of a feasibility
or schematic level at the Sketch Plan stage. Design
submitted with Preliminary Plat shall be of a
Preliminary Engineering level sufficiently detailed
to permit accurate cost estimates. Completed
construction plans and specifications shall be submitted
with the Final Plat. Capacity of the system shall
be calculated on total development of the subdivision
served following standard engineering practice based
on per capita water consumption. Construction of
facilities may be on a phased basis. Sewage treatment
facilities of an approved design shall be constructed
to adequately treat all collected sewage. Adminis-
tration of the sewage system shall be by the Town
or a Sanitation District. All proposed sewer plants
shall make provisions for the drying and disposal
of sewage sludge.
The subdivider shall be required to make application
to the Upper Eagle Valley Sanitation District for
sewage service and a letter from the District
regarding this service shall be required.
5.06 SETBACKS AND EASEMENTS
5.06.01 STREAMS:
A thirty-foot strip of land measured horizontally from
the mean annual flood high water mark on each side of
any live stream located within the boundaries of a
proposed subdivision shall be protected in its natural
state with the exception that footpaths, bridges,
irrigation structures, flood control and erosion
protection devices may be constructed thereon. If such
stream is along the outer boundaries of the subdivision
this requirement shall apply to that part of such
stream and strip which is within the subdivision. Under-
ground utilities may be located in such protected area
providing there is no practical alternative location
for such utilities, that the plans are approved by the
Town Council through its designated representative and
that all construction scars are revegetated.
5.06.02 UTILITIES:
Acceptable easements shall be provided following utility
design requirements. The subdivider shall have submitted
his preliminary subdivision plat to all applicable
utilities for their input as to where easements will be
required by their particular utility and easements shown
for the needs of the various utilities.
The minimum acceptable utility easement allowed is
fifteen (15) feet. Larger easements may be required with
multiple utilities within the easements.
5.06.03 DRAINAGE:
Drainage easements shall be provided for all permanent
and seasonal water courses and shall be in accordance
with the approved drainage study and drainage plan and
meet the requirements of Section 5.02.09.
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5.06.04 IRRIGATION DITCHES:
Irrigation Ditch easements shall_ be provided for all
irrigation ditches crossing the proposed subdivision,
unless the subdivider can prove.conclusively that they
have been legally abandoned. Irrigation ditch easements
shall be of a width equal to the average ditch width
plus 20 feet or as otherwise recommended by the ditch
owner and as approved by the Town Council.
5.07 UTILITY REQUIREMENTS
It shall be the subdivider's responsibility-to
coordinate.design of the utilities systems with
the appropriate utility company during the Preliminary
Design Stage.
5.07.01 Final plat submittal shall include a utility plan
showing construction location of all utilities
and .utility easements.
5.08 LOT AND BLOCK DESIGN
Each lot' created ~in a subdivision shall-be physically
capable o'f accominodating "a structure devoted to the
intended use of the lot.-Each _ lot shall_ have a
frontage-width'on`a:dedicated street of not less than
twenty=five -(25) feet. Additional area may be required
if determined necessary by".the shape of..the land
or contours.
5.09 SPECIALLY PLANNED AREA AND/OR PLANNED UNIT DEVELOPMENT
To promote excellence of subdivision-design and-
improvement, the Town Council may recommend approval
of a subdivision which departs from.the usual design
of regularly platted lots and blocks. Variations -
as described below may be followed singly or in
combination providing the standards set are maintained
and;-all`rariations are clearly indicated and'labelled
as such on the Preliminary and Final Plats. '
5.10 ARCHITECTURAL
Setback and height restrictions as~now or hereafter-.
established may be varied to accommodate specific
building types with unusual orientation on the.lot
or relationship between buildings.
The averaging of lot areas is intended to provide
flexibility in design and relate lot size to topo-
graphy so that each lot.contains acceptable building
sites. The clustering-of development with a useable
common open space is intended to'encourage .provisions.
for open space and save street and utility improvement
and maintenance costs. The architectural cluster
is intended to accommodate contemporary building
types which are not spaced individually on their
own lots but-share common side walls, combined service
facilities and similar architectural innovations
while-providing for separate ownership of land and
buildings.
Further criteria and procedural-requirements are
found in the Town of Avon.Zoning Ordinance.
-r,33-r.
5.11 PARK SITES
5.11.01 The Town Council may require the reservation, or
dedication, of lands or sites for parks when such
are reasonably necessary to serve the proposed
subdivision and the future residents thereof. The
Town may require the costs of the park and park
improvements to be shared by the subdivider.
5.10.02 The Town Council may require that each proposed
subdivision include a park plan consisting of park
sites suitable for active recreation use and walkways
or riding trails for access to recreation sites.
Location of sites shall be based on topography,
vegetation, circulation patterns and the size of
the subdivision. Wherever possible, consistent with
the foregoing locational criteria, such park sites
should be located in such a fashion to permit expansion
through creation of similar facilities in future
subdivisions on adjacent undeveloped land.
6.00 VARIANCES AND EXEMPTIONS
6.01 At the time of or after the submittal of the Sketch
Plan but not later than the submittal of the Preliminary
Plan, the subdivider may apply to the Town Council for
variances or for a finding that his proposed subdivision
is exempt from the definitions of the term subdivision
as provided herein. Application for exemption shall
be accompanied by a sketch or drawing, to scale,
depicting the division of land held to be exempt from
these regulations, noting the total land area enclosed
in each of the proposed parcels.
6.01.01 Such applications shall be prepared in the general
form shown in Appendices E and F hereto and shall
contain all of the information shown thereon.
Applications for variance shall be submitted in four
(4) copies and shall include the required fee.
Applications for exemption shall be accompanied by
a sketch or drawings. Included also, will be a list
of names and mailing addresses of all adjacent property
owners. The required fee shall be included with
applications for exemption.
Applications for
documents, etc.,
four (4) copies,
Clerk.
exemption and all supporting sketches,
as required, shall be submitted in
or more when required by the Town
In the event an application for variance or exemption
is accompanied, or preceded by an acceptable sketch
plan submittal (see Section 4.01.01, et seq of these
Regulations), the plans and information included in
the Sketch Plan shall satisfy the supportive require-
ments of the variance or exemption application.
Completed application for variance or exemption shall
be submitted to the Town Council or its designated
representative at least thirty (30) days before the
Town Council meeting at which review is sought.
6.01.02 Upon receipt of an application for variance or
exemption, the Town Council or its designated repre-
sentative shall, at its discretion, transmit a copy
of said application to the agencies which might receive
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. • •
copies of the Preliminary Plan with instructions to
respond with recommendations within twenty-four (24)
days after such applications have been received.
6.01.03 With respect to applications for variances, the Town
Council will be deemed to have granted such applications
if it fails to rule thereon within sixty (60) days
from the date such applications were submitted to
it.
6.01.04 With respect to applications for exemption, the Town
Council will be deemed to have denied such applications
if it fails to rule thereon within sixty (60) days
from the date such applications were submitted to
it.
6.01.05 The Town Council shall grant or deny such applications
in writing stating the reason for any denial.
6.01.06 The written ruling of the Town Council with respect to an
application for variance shall be authority for the
Subdivider to prepare his Prelminary Plan and Final
Plan in accordance with the requirements of these
Regulations as altered by the Variance.
6.01.07 If the Town Council grants a request for exemption,
the written ruling of the Town Council shall be authority
for the subdivider to develop the property in accordance
with the information shown on the Sketch Plan without
further compliance with the provisions of these Regu-
lations provided that the Sketch Plan or any map or
plat depicting said development shall not be recorded
and conveyances shall not be made by reference to
any lot and block designation shown on said Sketch
Plan or map or plat of development, except as such
recording may be authorized by any law of the State
of Colorado now or hereafter in effect.
6.01.08 Town approval of an application for exemption shall
terminate in the event that the approved exemption
is not made part of the official Town and County
records within one (1) year from the date of said
approval.
6.01.09 Nothing contained in this section shall be construed
as prohibiting the Town Council in its discretion
from requiring a subdivider to provide any additional
supporting information before granting an application
for exemption, or condition the granting of an
exemption upon the furnishing of any or all of such
supporting information.
7.00 SEPARABILITY CLAUSE
If an article, section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held
to be unconstitutional or illegal, such invalidity
shall not affect the validity of the remaining portion
of this Ordinance. The Town Council hereby declares
that it would have passed this Ordinance and every
article, section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any
one or more articles, sections, subsections, sentences,
clauses, or phrases be declared unconstitutional
or illegal.
-35-
APPENDICES
A. CERTIFICATION OF DEDICATION AND OWNERSHIP
Know all men by these presents that . . .
. . being sole owner (s ) in
fee simple of all that real property described as
follows . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
and containing . . • . acres, more-•or less.
has by these presentslaid-out, platted and subdivided
the"same into Lots and Blocks as shown hereon and
designate the same as . . . . . . . . . . .
. . . . . Town of Avon, County
of Eagie, State of Colorado and dedicate for public
use the streets shown herein including avenues,
drives, boulevards, lanes, courts•and alleys.to the
Town of Avon; and the utility and drainage easements
shown hereon for utility and drainage purposes only;
and-do further state that this subdivision shall
be subject to the Protective Covenants, filed and
recorded-for this Subdivision in the Office of the
Clerk and Recorder of Eagle County, Colorado,'as
Document Number . . . -
EXECUTED this day of . . . . . . . A.D.,
19. .
OWNER (s) . . . . . . . . . . . . . . . _ . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
STATE OF COLORADO )
SS
)
County of
The foregoing Dedication was acknowledged before me
this day of . . . . . . P,.D. 19
My commission expires . . _ . . . . .
Witness my hand and seal
Notary Public ,....~......a..__.._.z..,.._..
B. SURVEYOR'S CERTIFICATE
I. . . . . . . . , do hereby.certify,that
I am a Registered Land Surveyor licensed-under the
laws of the State of Colorado, that this Plat is a
true, correct and complete Plat"of the . . . .
. . . . . . . . . . . . . .
as laid out, platted, dedicated and shown hereon,
that such Plat was made from an accurate survey of
said property by me and under my supervision and
correctly shows the location and dimensions of the
lots easements and streets of said subdivision
as the same are staked upon the ground in compliance
with applicable regulations governing the subdivision
of land. All monuments are set as required by the
Subdivision Regulations of the'Town of Avon.
In Witness whereof I have set my-hand and seal this
. . . . day of A.D., 19 . . .
Registered Land Surveyor No..
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C. TOWN CERTIFICATE:
This Plat, uses, densities, standards and definitions
are approved by the Town Council of the Town of Avon
County of Eagle, State of Colorado this . . .
day of . . . A.D., 19. . . for filing
with the Clerk and Recorder of the County of Eagle
and for conveyance to the Town of Avon of the Public
Struts, Avenues, Drives, Boulevards, lands, Courts,
and alleys, subject to the provision that approval
in no way obligates the Town of Avon for financing
or constructing of improvements on lands, streets,
or easements dedicated except as specifically agreed
to by the Town Council and further that said approval
shall in no way obligate the Town of Avon for main-
tenance of streets until construction of improvements
thereon shall have been completed to the satisfaction
of the Town Council. This plat is hereby adopted
as Amendment No. . . to the Official Plat for the
Town of Avon.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON
TOWN COUNCIL OF THE TOWN OF AVON
By: . . . . . . . . . . . . .
Mayor
Attest: . . . . . . . .
Town Clerk
D. CLERK AND RECORDER'S CERTIFICATE:
This Plat was filed for record in the Office of the
Clerk and Recorder at . . . o'clock . . . M,
. . . 19 . . . and is duly
recorded•in Book Page No. . . . . . .
. . . . . . . . . . . . .
Clerk and Recorder
By . . . . . . . . .
Deputy
E. APPLICATION FOR VARIANCE, TOWN OF AVON SUBDIVISION REGULATIONS
Name of Development . . . . . . . . . . . . . . .
Location . . . . . . . . . . . . . . . . . . .
Size (Number of Acres) . . . . . . . . . . . . . .
Name and Addresses of owners . . . . . . . . . . .
List of Adjacent Owners and their Addresses . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Provisions of Subdivision Regulations from which
Variance is requested . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
Reasons for Request for Variance . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
Signatures of Applicant(s):. . . . . . . . . . .
(Record Owners should sign). . . . . . . . . . .
TOWN COUNCIL ACTION
Received this . . . . . day of . . . . . . 19 . .
By . . . . . . . . . . . . .
The within request for Variance (granted, denied)
this . . . . . day of . . . . . . 19 . . for the
following reasons . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
TOWN COUNCIL OF TOWN OF AVON
ATTEST: By . . . .
Mayor
. *n' . . . . . . . . . .
TowClerk '
-37-
•
•
F. APPLICATION FOR EXEMPTION, TOWN OF AVON SUBDIVISION REGULATIONS
Name of Development . . . . • . . . . . . . .
Location . . . . . . . . . . . . . . . . . .
Size (Number ofAcres) . . . . . . . . . . .
Name and Addresses of Owners . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
List of Adjacent Owners and their Addresses . . .
. . . . . . . . . . . . . . . . . . . . . . . .
Provisions of Subdivision Regulations from which
Exemption is requested . . . . . . . .
Reasons for Request for Exemption
Signatures of Applicant(s): . . . . . . . .
(Record Owners should sign) . . . . . . . . . . .
TOWN.COUNCIL ACTION
Received this day of . . . . . . 19
By . . . . . . . . . .
The within request for Exemption -(granted, denied),
this . . . day of . . . . . . . 19 for the
following reasons . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
TOWN COUNCIL OF THE TOWN OF AVON
By: . . . . . . . .
ATTEST: Mayor
. . . . . . . . . . . . .
Town Clerk
-------------------------------------------------------7--------
INTRODUCED, PASSED, READ AND,;APPROVED,ON ,FIRST READING- THIS -r~AY
OF 1979
TOWN OF AVON -
By : - -
Mayor Pro Te
ATTEST:
By :
Town Clerk-
INTRODUCED, READ ON SECOND READING, APPROVED, PASSED, ENACTED AND
ORDERED PUBLISHED'THIS~- day 'of , 1979.
TOWN OF AVO
By:
- _ Ma -
ATTEST:
q.knIClerk
-38-
•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
•
NOTICE OF PUBLIC HEARING'
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the 29th
day of May, 1979 at the Town Hall for the purpose of considering
the adoption of ORDINANCE NO. 79-9:
AN ORDINANCE ADOPTING SUBDIVISION REGULATIONS
FOR THE TOWN OF AVON, COLORADO; PROVIDING DE-
FINITIONS OF CERTAIN TERMS AND SETTING OUT
CERTAIN PROVISIONS, PROCEDURES, REQUIREMENTS
AND STANDARDS; PROVIDING FOR VARIANCES AND EX-
EMPTIONS; AND SETTING FORTH DETAILS RELATING
THERETO.
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 meeting is open to the general public.
This notice given and published by order of the Town
Council of the Town of Avon.
Dated this 15th day of May, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By
TOWN CLERK
Posted at the following public places within the Town of Avon on
May 21, 1979 at:
The Northeast side of the Benchmark Shopping Center (Avon Post Office)
The main entrance of Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, second floor, Benchmark Shopping Center