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TC Ord. No. 1980-08i 6 TOWN OF AVON ORDINANCE NO. 8 SERIES OF 1980 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE MEANING OF SUBDIVIDING: TO LIMIT EXEMPTION FROM SUBDIVIDING REQUIREMEFTS TO FOUR TENANTS IN COMMON; TO DEFINE TIME-SHARING; TO MARE REQUIREMENTS WITH RFSPECT TO TIME-SHARING SUBDIVISIONS AND CONVERSIONS; AND TO ADD A FORA? FOR CERTIFICATES FOR AMENDED PLATS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, AS FOLLOWS: Section 1. Amendment. Paragraph 1.08.01, Section 1.08, Ordinance No. 9, Series of 1979, is amended to read as follows: "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 require- ments of these regulations. Further, if anv tract of land has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, con- version of a condomininium subdivision to a time-sharing subdivision), such conversion shall be subject to the requirements of these reg- ulations." -1- 0 0 Section 2. Amendment. Subsection (e), paragraph 1.08.02, Section 1.08, Ordinance No. 9, Series of 1979, is amended to read as _follows: it (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 of such interest. For purpose of this paragraph, any interest in common owned in joint tenancy shall be considered a single interest." Section 3. Amendment. Section 1.11, Ordinance No. 9, Series of 1979, is amended to read as follows: " TO SUBDIVIDE To make a disposition of land which is defined herein as a subdivision, subdivided land, condominium subdivision, specially planned area and/or planned unit development subdivision, minor subdivision, duplex subdivision or time-sharing subdivision." Section 4. Amendment. Section 1.12, Ordinance No. 9, Series of 1979, is amended to read as follows: SUBDIVIDER " A person who makes a disposition of land which is defined herein as a subdivision, subdivided lands, condominium subdivision, specially planned area and/or planned unit development subdivision, minor subdivision, duplex subdivision or time-sharing subdivision." Section 5. Amendment. Ordinance No. 9, Series of 1979, is amended by the addition of a Section 1.24 to read as follows: " 1.24 TIME-SHARING SUBDIVISION A proposed subdivision of any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual -2- 0 0 right, whereby more than four persons (ownership of an interest in joint tenancy by two persons being considered one person for the purpose of this section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession of each person being ex- clusive of that of the others). Such subdivision shall include, but not be limited to a time-share estate as defined in Section 38-33-110, Colorado Revised Statutes (1973), as amended." Section 6. Amendment. Section 2.01, Ordinance No. 9, Series of 1979, is amended to read as follows: PURPOSE These subdivision regulations are intended and designed to protect the health, safety and welfare of the citizens of the Town of Avon by providing for orderly, controlled development; by requiring disclosure to purchasers of unknown risks; and by establishing minimum standards for the design of land subdivision projects to insure that all public and private facilities, in- cluding 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, em- ployees and agents harmless from any and all costs, damages and liabilities which may occur or be claimed to occur by reason of -3- 9 9 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. Section 7. Amendment. Ordinance No. 9, Series of 1979, is amended by the addition of a Section 4.06 to read as follows: " 4.06 TIME-SHARING SUBDIVISION Time-sharing subdivisions as defined in Section 1 of these Regulations shall adhere to the procedure for division review as well as the following further requirements: 4.06.01 Satisfactory evidence must be furnished to the Town Council that prospective purchasers will be provided a disclosure statement including, but not limited to, the following: (a) a first-year budget including any reserves for maintenance and replacement and the projected common expense of each time-share unit. (b) any services to be provided by the developer. (c) a description of any liens or incumbances affecting the time-share unit. (d) the terms of any limitation on any warranty to be given by the developer. (e) a statement that any deposit made in connection with the purchase of a time-share will be held in an escrow account until closing of a transaction. (f) any restraints on alienation of a time-share. (g) a description of insurance coverage. (h) the extent to which one time-share unit may become subject to a tax or other lien arising out of claims against or the tax liability of other owners of the same time-share unit or other units. -4- s • (i) description of any program for the exchange of occupancy rights with owners of other time-share units including whether such program is mandatory. (j) a statement that in any transfer of the developers interest to any third person, the third person shall assume the obligations of the developer. (k) a statement of any rights of cancellation of pur- chasers and whether the same may be waived. 4.06.02 In the case of any conversion of a multiple dwelling unit or condominium subdivision to a time-sharing subdivision, the Town Council shall be provided with satisfactory evidence that such conversion will not have a detrimental effect on the availability of long-term rental housing or accommodations in the Town." Section 8. Amendment. Subsection (f), paragraph 4.03.01, Section 4.03, Ordinance No. 9, Series of 1979, is amended by the addition of a subparagraph (8) to read as follows: " (8) A statement whether or not lots or, in the case of a condominium subdivision, units may be converted to time-sharing units." Section 9. Amendment. The Appendices to Ordinance No. 9, Series of 1979, are amended by the addition of a form C-1 to read as follows: -5- C-1 TOWN CERTIFICATE E (AMENDED PLAT): " This Plat, including vacation of any lot lines, easements and rights of way, previously dedicated and not dedicated hereon, is approved by the Town Council of the Town of Avon, County of Eagle, Colorado this day of A.D., for filing with the Clerk and Recorder of this County of Eagle and for conveyance to the town of the public dedications shown hereon, the same to supercede the prior Plat; subject to the provision that approval in no way obligates the Town of Avon for financing or construction of improvements on lands, streets or easements on lands, streets or easements dedicated to the public except as specifically agreed to by the Town Council and further that said approval shall in no way obligate the Town of Avon for maintenance of streets dedicated to the public until construction of imporvements 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: ATTEST: Angelo V. Alpi, Mayor if Patricia J. Doyle, Town Clerk Section 10. Saving Clause. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining sections of this Ordinance the Town Council hereby declares that it would have passed this Ordinance in each part, section, -6- 0 0 subsection, sentence, clause or phrases be declared to be invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUB- LISHED ONCE IN FULL, this .J Z day of Q 6 , 1980 and a public hearing on this Ordinance shall be held at the reg- ular meeting of the Town Council of the Town of Avon, Colorado, on the 7 day of 1980, at 7:30 P.M. in the Municipal Offices of the Town. Y gel V. Alpi, yor ST: Patricia J. le, To Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this c 7-Z It day of This Ordinance will become effective on 1980. , 1980. AnVe to V/. Alpi, ay r ATTEST: \ . ZIL - Q ."j Lk-4. Patricia J. Do e, To Clerk -7- 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) TOWN OF AVON, COLORADO 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 27th DAY OF MAY, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-8, SERIES OF 1980: AN ORDINANCE AMENDING THE SUBDIVISON REGULATIONS OF THE TOWN OF AVON TO INCLUDE CONVERSIONS AND TIME-SHARING WITHIN THE MEANING OF SUBDIVIDING; TO LIMIT EXEMPTION FROM SUBDIVIDING REQUIREMENTS TO FOUR TENANTS IN COMMON; TO DEFINE TIME-SHARING; TO 14AKE REQUIREMENTS WITH RESPECT TO TIME-SHARING SUBDIVISIONS AND CONVERSIONS; AND TO ADD A FORM FOR CERTIFICATES FOR AMENDED PLATS. 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 notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of May, 1980. i n Town Clerk ✓(_/(1\ POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 15, 1980. 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