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TC Ord. No. 1981-05ORDINANCE NO. #91-5 Series of 1981 AN ORDINANCE ESTABLISHING A WATERSHED DISTRICT, WHICH DISTRICT ENCOMPASSES ALL TERRITORY OCCUPIED BY THE TOWN OF AVON WATER SOURCES IN AN AREA FIVE NILES NORTHERLY, SOUTHERLY AND EASTERLY BOUNDARIES; PROHIBITING CERTAIN ACTIV- ITIES WITHOUT A:PERMIT; REQUIRING A PERMIT FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; PROVIDING A PERMIT AND HEARING PROCEDURE FOR CERTAIN ACTIVITY WITHIN THE-DISTRICT; ESTABLISHING FEES FOR PERMIT APPLICATION REVIEW; ESTABLISHING STANDARDS-FOR THE ISSUANCE OF PERMITS; PROVIDING PROCEDURES FOR ENFORCEMENT AND PROVIDING PENALTIES FOR THE VIOLA- TION THEREOF. WHEREAS, the Town of Avon is a Home Rule Municipality pursuant to Article XX of the Constitution of the State of Colorado, and WHEREAS, the Town of Avon, by virtue of such Home Rule status\,.may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of power granted to municipalities and such other matters which could be delegated to municipalities by the State of Colorado, and WHEREAS, the Town of Avon's municipal water sources are supplied through Avon Metropolitan District; and WHEREAS, water drainage and seepage from land use activities within the Watershed affects the quality and quantity of the water supply diverted for use by the Town, and WHEREAS, the Town Council finds that the maintenance and protection of an adequate water supply of the highest quality is essential to the public health, safety and welfare of the citizens of the Town, and WHEREAS, no other source of water supply diversion exists for the citizens of the Town, and WHEREAS, the Town's municipal watershed is within the approved Northwest Colorado Council of Governments (NWCCOG) Section 208 - Water Quality Management Plan, and WHEREAS, within the boundaries of the Town of Avon, the Town Zoning and Land Use Regulations protect and regulate activities that would be harmful to the Town's water supplies, but in the area within five miles of the boundaries of the Town the Town Council is of the opinion that certain regulations need to be adopted; and T WHEREAS, the Town, by virtue of Section 31-15-707(1) (b), Colorado Revised Statutes, 1973, as amended, has been granted by the State of Colorado the power to enact ordinances and regulations for the purpose of maintaining and protecting the Town's water sources from injury and the water from pollu- tion; and WHEREAS, the Town finds that increased activity within the area of the Town's water supply poses a danger to that supply which could affect the health, safety and welfare of the citizens of the Town of Avon, and WHEREAS, the Town Council desires to exercise all right, power and authority under law to provide its citizens with an adequate water supply of the highest quality which the Town Council finds to be a matter of local coneern. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: follows: Section 1. A Watershed District is established as A. Intent of District. The purpose for which this District is established is the full exercise of the powers of the Town of Avon in maintaining and protecting the source of water for use by the inhabitants of the Town from injury and pollution or from activities that will create a hazard to health and water quality or a danger of pollution to the water supply of the Town. This District is created under authority granted in Section 31-15-707(1)(b) Colorado Revised Statutes, 1973, as amended, Section 29-20-101 at et seq, Colorado Revised Statutes, 1973 as amended, and Article 20 of the Constitution of the State of Colorado. B. Jurisdiction and Map. The jurisdiction of the Watershed District shall extend over the territory occupied by the Town of Avon water sources and all reservoirs, streams, trenches, pipes and drains used in and necessary for the con- struction, maintenance and operation of the same and over the water sources, for five miles from the northerly, southerly and easterly boundary of the Town of Avon from which water is diverted for use by the Town of Avon. The Watershed District Map accompanies this Chapter and, with all notations, references and other information shown thereon, is incorporated herein as part of this Chapter. The official Watershed District Map is located in the Office of the Town Clerk. C. Definitions. Whenever the following words or phrases are used in this Chapter they shall have the following meanings; (1) "Best management practice" means the most effective means of preventing or reducing harmful effects of certain activities to a level compatible with Town and/or County standards. -2- (2) "Excavating" means the artificial movement of earth which alters the natural surface or subsurface water course, drainage or quality. (3) "Filling" means,.the artificial movement of earth which alters the natural surface or subsurface- water course, drainage or quality. (4) "Foreseeable risk'' means the reasonable anticipation that harm or injury-may ,-result from acts or ommissions. (5) "Grading"-means the artificial movement of earth which alters the natural`surface,.or subsurface water course, drainage or quality. (6) "Person" means any individual, corporation, business trust, estate, trust, partnership, association or any other legal entity. (7). "Pollution" means the man-made or man=_ induced alteration of the physical or biological integrity of water. (8) "Surfacing" means any action resulting in the hardening or covering of the pre-existing,ground in an area greater than 1000 square feet such that rain - striking the area will accumulate or run off the surface . to a greater extent than prior to the hardening or covering of said pre-existing ground. Surfacing includes, but is not limited to, such things as compacting the surface of the earth, placing gravel, concrete o"r.' :like . substances on the surface of the earth, or the placement of structures upon the ground. (9) "Waterworks" means any and all man-made or designed components of the water system providing water to the inhabitants of the Town including, but not limited to, all transmission storage and filtration facilities; and all reservoirs, streams, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the Town's water sources. D. Prohibited Activity, Permitted Activity and Notice of Other Activity. (1) It shall be 'unla'wful for any person to engage in any of the following-activities within the Watershed District, which activities the Town'Council finds-pose a potential or threat of pollution'to the Town's water supply,'unless such person shall, prior to undertaking such activity, obtain a permit for the activity under the provisions of this Article: a. Excavating, grading, filling or surfacing. b. Altering water drainage courses. -3- C. Surface and subsurface mining operations. d. Road construction or improvements. or if located on national forest lands, obtain approval through the Forest Service Review process which approval shall insure compliance with the provisions of this ordinance, the NWCCOG Section 208 Water Quality Manage- ment Plan and the best management practices which shall be imposed through the review process. (2) It shall be unlawful for any person to cause injury or damage to the Town water sources. (3) Activities within the Watershed District which are allowed hereunder but which require written notification to the Town prior to undertaking such activity are: a. Road maintenance by governmental entities. b. U. S. Forest Service shall provide notifi- cation to the Town of Avon of management activities on national forest lands that may have an impact on the Town's municipal water supplies. Notification will be in the form of environmental assessments or project work plans prepared by or available to the Forest Service. This will provide the Town with the opportunity to review Forest Service water quality considerations, including best management practices and make recommendations prior to its undertaking. (4) In the event that any activity not set forth in Paragraph D (1) above is being conducted in such a matter that the Town Council finds that a foreseeable risk of pollution to the Town's municipal water supplies exist from such activity on private or federal lands respectfully, the person or agency responsible for such activity shall be notified by the Town or the Forest Service that such activity must cease and desist until corrective measures are taken. E. Permit and Hearing Procedure. (1) Application and Fees. An applicant for a Watershed District Permit shall submit the following to the Town: a. A completed application form as prescribed by the Town. If the applicant is not the owner of the subject property, the owner shall also sign such applica- tion and the applicant shall set forth its interest in the proposed activity. An application will not be deemed to be complete until all information required by the Town has been submitted to the Town. b. A full and complete description of the proposed activity for which a permit is sought, including, -4- if applicable, a discussion of any future activity anticipated by the applicant with respect to the subject property for which a permit may be required hereunder. C, Two sets of plans and specifications which shall contain the following information: 1. A vicinity sketch or other data indicating the site location and legal description of the subject property. 2. Boundary lines of the property for which the permit is sought, if applicable. 3. Location of any buildings or struc- tures within fifty (50) feet of the proposed activity. 4. Accurate contours establishing the topography of the existing ground. 5. Elevations, dimensions, location, extend and the slopes of all proposed excavating, grading, filling or surfacing shown by contours and/or other means. 6. Details of all drainage devices in connection with the proposed activity. 7. A statement of the amount and location of any matter proposed to be deposited in areas other than that shown on the plans. 8. Nature and location of existing vegetation and a statement as to the effect of the proposed activity on such vegetation. d. Identification of any activity that may present or create a foreseeable risk of pollution to the water supply of the Town of Avon along with a specific description of the measures, including best management practices, that will be employed by applicant to obviate such risks. e. Any and all additional information that may be specifically requested by the Town, including, but not limited to, the following: 1. A map showing the drainage pattern and estimated runoff of the area of the proposed activity. 2. Revegetation and reclamation plans and specifications. 3. A soils analysis, including the nature, distribution and strength of existing soils, and recommend- ations for earth moving procedures and other design criteria. -5- 4. A geologic analysis of the site and adjacent-areas and its impact on',the proposed activity. 5. An operational and maintenance analysis of the proposed activity. basis, source, on ground. water 6. Water use analysis, including legal quality, amount of consumptive use, impact and discharge characteristics. f. Any applicant shall submit a Watershed District Permit application fee to the Town at the time of filing such application. The applicant shall be assessed-a fee sufficient to cover the.costs of publica- tion, hearing, processing, administration, inspection and enforcement of such requested permit. The minimum fee hereunder shall be $10.00. In the event the fee charged by the Town at the time of application is determined to be insufficient to cover the Town's costs, the Town shall have the right to charge the additional fee prior to the issuance or denial of any permit. No Watershed District Permit shall be issued until-all such assessed fees have been paid.- (2) Review, Analysis and Risks. a. Within one hundred"twenty.(120) days. following receipt-of ,a completed application, the Building Administrator or'his designee.shall review the same and prepare an analysis of the proposed activity, including a discussion of any factor that may present or create a foreseeable risk of pollution to the water supplies.to the inhabitants.of the Town of Avon along with an analysis of the measures, including best management practices, if any, that are proposed by the applicant to obviate such risks and submit such analysis to the Town Council. The review and analysis shall include a.site inspection by.the Building Adminis- trator-. If weather conditions do not permit such a site inspection, the time for review and analysis may be extended for an additional ninety.(90) days and the applicant shall be so informed by the Building Adminis- trator. b. In undertaking the analysis of any proposed activity, the following factors, among any others that"may be deemed relevant, shall be considered: activity. 1. Nature and extent of the proposed 2. Proximity of existing water courses. 3. Drainage patterns and control measures. 4. Soil criteria. -6- 5. Slope steepness and stability. 6. Effects of denudation. 7. Geologic hazards, including, but not limited to, avalanche paths, flood plains, high water tables, fault zones and similar factors. 8. Point_ source effluent and emissions into air or water. 9. Ambient and non-point source emissions into air or water. 10. Vehicular and motorized activity. 11. Fire hazard. (3) Hearing. Upon receipt of the analysis from the Building Administrator, the Town Council shall conduct a public hearing to review the application and analysis and shall render a decision regarding the issu- ance or denial of a Watershed District Permit to such applicant within ninety (90) days unless the activity requires approval or permit from any agency of the County, State or Federal goverment-and which approval or permit procedure exceeds the time requirements of this Article, then, and in that event, the Town shall have an additional ninety (90) days following the final decision of such County, State or Federal government approval of permit procedure to conduct the public hearing required hereunder and render a decision regarding the issuance or denial of a Watershed District Permit to such applicant. The Town Council may require additional information from any applicant, in which event the public hearing and decision may be delayed or continued until receipt of such additional information. (4) Standards for Issuance of Permit. A Watershed District Permit shall be issued when the Town Council finds that the applicant has sustained the burden of proof that the proposed activity including best management practices, if any, does not present or create a foreseeable risk of impact to the Town water sources within the watershed district. A Watershed District Permit shall be denied when the Town Council finds that the applicant has not sustained such burden of proof. (5) Permit Conditions. The Town Council in issuing any Watershed District Permit may prescribe any conditions it may deem necessary to effect the intent of this Watershed District. The Town Council may require any applicant to post a surety bond or cash in an amount sufficient to ensure compliance with the Watershed District Permit, including, but not limited to, the cost of main- tenance, operation, revegetation, reclamation, and other requirements of proposed activities. The Town Council -7- may release to the applicant portions of any-such bond or cash from time to time when no longer necessary to ensure compliance with the Watershed District Permit. (6) Duration of Permit. If any proposed activity for which a Watershed Distr-ict-Permit is issued is not commenced within twelve (12) months from the date of issuance of such permit, the permit shall expire and become void. If the applicant abandons an activity after commencement for a period of one hundred twenty (120) days for reasons of other than weather, the permit shall expire and become void. (7) Notice of Hearing. Notice of any public hearing hereunder shall be given at least ten (10) days in advance of the public hearing by-publication in a newspaper of general circulation within the Town. F. Enforcement. (1) Right of Entry. Whenever necessary to make an inspection to enforce any provision of this Article,. an authorized representative of the Town may go upon any land at any reasonable time-to inspect the same or to perform any duty imposed hereunder, provided that he identify himself and,,if such land be unoccupied, that he shall make a reasonable effort'to locate the applicant or other persons having control of.such'land to notify them of such entry. (2) Stop Work Order. -;_Whenever any work or activity is being.done contrary to the provisions of this Article, or in violation of'the'terms,of any Watershed District Permit issued hereunder,--the Town or its authorized representatives may.ord'er^,the work stopped by notice in writing served on the applicant'or any person engaged-.in or causing such.activity until authorized' by the Town to proceed. The Town shall reserve the right to revoke or suspend any permit issued hereunder if work, is not done in accordance therewith. G. Regulations. The~Town Council may issue regulations providing guidelines and criteria to carry out the purposes of this Article. H. Activity.in Progress. The lawful use of any building, structure or land existing at'the time of the enactment of this Article may be continued even though it does not-conform to the requirements of this Article, Ordinary,repairs'and maintenance of any existing building, structure or land shall be allowed. 'Any change, expansion, alteration or enlargement of such existing lawful use shall be subject to all requirements of this Article. I. Violation and Penalty. -8- (1) Offense. Any person who violates any of the provisions of this Article shall be fined not to exceed $300.00 for each offense. Any person who willfully and wantonly violates any provisions of this Article shall be fined not to exceed $300.00 for each offense or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day shall be deemed a separate offense. (2) Actions. Any activity or use which is contained, operated or maintained contrary to any provi- sion of this Article is unlawful. The Town of Vail may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation in which event the Town shall be entitled to recover court costs and attorneys fees. (3) Remedies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. Severability. If any paragraph, sentence, word, clause or other provision of the application thereof is for any reason held to be unconstitutional or other- wise invalid, such decision shall not affect the validity of the remaining paragraphs, sentences, words, clauses or other provi- sions of this Ordinance, it being the legislative intent that this Ordinance shall stand notwithstanding any such invalidity. INTRODUCED, FIRST READ BEFORE THE TOWN COUNCIL THIS day of , 1981, ordered published in full and set for a public Maring to be held at the regular meetin of the Town Council of the Town of Avon, Colorado on the ay of 1981. TOWN OF AVON By ATTEST: Clerk INTRODUCED, PASS AND ORDERED PUBLISHED this TOWN OF AVON READ ON SECOND READING, APPROVED day of , 1981. By Angelo V. Alpi, Mayor -9- ATTEST: Town Clerk -10- STATE OF COLORADO ) COUNTY OF ,EAGLE ) SS TOWN OF AVON ) 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 28th DAY OF APRIL, 1981 AT THE TOWNIHALL, 0082 EAST BEAVER CREEK BOULEVARD, AVON, COLORADO FOR THE PURPOSE,OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#81-5, SERIES OF 1981: AN ORDINANCE ESTABLISHING A WATERSHED DISTRICT ;,W-RICH DISTRICT ENCOMPASSES ALL TERRITORY OCCUPIED BY THE TOWN OF AVON WATER SOURCES IN AN AREA FIVE MILES NORTHERLY, SOUTHERLY AND EASTERLY BOUNDARIES; PROHIBITING CERTAIN ACTIVITIES WITHOUT A PERMIT; REQUIRING A PERMIT FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; PROVIDING A PERMIT AND HEARING PROCEDURE'FOR CERTAIN ACTIVITY WITHIN THE DISTRICT; ESTABLISHING FEES FOR PERMIT APPLICATION REVIEW; ESTABLISHING STANDARDS FOR THE ISSUANCE OF PERMITS; PROVIDING PROCEDURES FOR ENFORCEMENT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. 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 15th-Day of April, 1981: TOWN OF AVON, COLORADO BY: Town =Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF-AVON ON APRIL 15th, 1981: 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 I-