TC Ord. No. 1983-02u • •
TOWN OF AVON
ORDINANCE NO. 83-2
Series of 1983
AN ORDINANCE CONCERNED WITH AMENDING THE ZONING
CODE OF THE TOWN OF AVON TO REQUIRE THAT PROVISION
BE MADE FOR SNOW STORAGE AREAS OR SNOW REMOVAL.
WHEREAS, the Town of Avon has encountered numerous
problems as a result of lack of snow storage or snow removal
within the Town; and
WHEREAS, the Town Council believes that the public
health, safety and welfare would best be served by requiring
the provision of snow storage areas or the assurance of
arrangements for off-site snow removal within the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Section 1.
Title 5 of the Avon Municipal Code is amended
by the addition of a new Section 17.20.090 to read as
follows:
Section 17.20.190 Snow Storage
Any property which when developed, is intended to
contain impermeable surface area used for purposes
other than above-ground construction shall satisfy
the following criteria:
A. An area equal to twenty percent (20%) of
impermeable surfaced area upon which above-ground
construction does not occur shall be designated as
a "snow storage area" and not developed in a
manner inconsistent with such use. Landscaping
shall not be considered to be inconsistant with
such use.
B. Any designated snow storage area shall
be not less than six feet wide shall be adjacent
to the impermeable area from which the snow is to
be removed, shall not be included in any parking
area required by the minimum parking requirements
of the Town, and shall be contained in such a
manner that runoff is directed through a treatment
facility as described in subsection "C" of this
section, when such treatment facility is required
as a part of the drainage plan.
C. Whenever a treatment facility is
required to be installed in association with a
snow storage area, the design of the same shall be
approved by the Town Engineer, as part of the site
drainage plan and shall be designed to remove from
the runoff petroleum-based liquids and settleable
solids.
D. Upon the demonstration to the Town (1)
that an appropriate alternative snow storage site
is available for removal of snow to an offsite
location suitable and available for such purpose,
meeting with the approval of the Director of
Public Works, and (2) that arrangements for the
offsite removal have been
assuring the continuation
foregoing requirements for
areas may be waived by the
Town.
Section 2. Severability
made in a manner
of such practice, the
onsite snow disposal
reviewing body of the
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 portions of this ordinance; and the Town
Council hereby declares that it would have passed this
ordinance, and each part, section, subsection, sentence,
clause or phrase hereof regardless of the fact that any one
or more parts, sections, subsections, sentences, or clauses
or phrases be declared invalid.
Section 3. Health, Safety and Welfare
The Town Council hereby finds, determines and
declares that this ordinance is necessary and proper for the
health, safety, and welfare of the Town of Avon and the
inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS 25th DAY OF January
, 1983. A ublic hearing shall be held
hereon on the g-~ day of , 1983, at the regular
meeting of the Town Council of the Town of Avon, Colorado,
in the Municipal Building of the Town.
r
Allan R. ottingham yor
ATTEST:
atricia J. Qoyle, Towry-Cler
INTRODUCED, PASSED ON SECON FADING, APPROVED AND ORDERED
POSTED THIS &-tyL DAY OF 1983.
4211an R. Not Ingham, M or
ATTEST:
r ~
Patricia J, yle, Town Clerk
• ~e
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 8TH DAY OF
FEBRUARY, 1983.AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF-ORDINANCE-
NO.#83-2,-SERIES OF 1983:
AN ORDINANCE CONCERNED WITH AMENDING THE ZONING CODE OF THE TOWN
OF AVON TO REQUIRE THAT PROVIDISON BE MADE FOR SNOW STORAGE AREAS
OR SNOW REMOVAL.
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 the
Ordinance.
This notice given and passed by order of the Town-Council of the
Town of Avon, Colorado.
Dated this 28th day of January, 1983.
TOWN.OF AVON, COLO 0
B
Patricia J. le,. To Clerk
I - I T r
POSTED-AT THE FOLLOWING PUBLIC PLACES WITHIN THE'TOWN OF AVON ON
JANUARY 28, 1983:
The main entrance of the Post Office,
The main entrance.to city market,
The pester gas station; and
The main lobby in the municipal building
Tvirn of (
F. 0. ~Rvx P
Clan,- ed=tba 81620
(303) 949-4280
January 5, 1983
TO: Town Council
FROM: Design Review Board
RE: Snow Ordinance #82-21
The'Design Review Board at their regular meeting on December 16,
1982, approved and hereby recommends adoption of Ordinance No. 82-21
with the following modified paragraphs:
B. Any designated snow storage area shall be not less than six
feet wide, shall be adjacent to the impermeable area from
which the snow is to be removed, shall not be included in
any aprking area required by the minimum parking requirements
of the Town, and shall be contained in such a manner that
runoff is directed through a treatment facility as described
in subsection "C" of this section, when such treatment facility
is required as a part of the drainage plan.
C. If a treatment facility is required as part of a drainage
treatment plan, each snow storage area shall have installed
in association therewith a treatment facility, the design of
which is approved by the Town Engineer, which removes from the
runoff petroleum-based liquids and settleable solids.
Melody Cufj~#tngs
Recording Secretary
FOR YOUR INFOIi RATION
LAW OFFICES
COSGRIFF, DUNN & FRENCH, P. C.
P. O. BOX 340
VAIL, COLORADO 81658
(303) 476-7552
PETER COSGRIFF
JOHN W. DUNN
ROBERT H. S. FRENCH
STEPHEN C. WEST
TIMOTHY H. BERRY
DAVID H. MILLER
ARTHUR A. ASPLANALP, JR.
JOHN B. WOOD
Mr. Richard Blodgett
Town Manager
Town,of Avon
Post,Office Box 975
Avon, CO 81620
LEADVILLE OFFICE:
P. 0. BOX 11
LEADVILLE, COLORADO 80461
(303) 486.1888
BRECKENRIDGE OFFICE:
P. O. BOX 888
18 November 1982 BRECKENRIDGE, COLORADO 80424
(303) 453.2901
Re: Snow-related Ordinances
Dear Dick:
This letter is being directed to you, at your
request, in order to provide background regarding the
development of three snow-related ordinances presently under
consideration by the Avon Town Council.
These ordinances were composed as a result, o,f a
request of Dick Kvach, contained in his letter of the 27th
of October, a copy of which is enclosed. While his requests
were quite comprehensive, and might have been handled in a
single ordinance dealing solely with snow problems, I
determined that they were more logically dealt with by
incorporating the matters into the existing structure of the
Avon Municipal Code. Specifically, the subject of snow
storage was dealt with in an ordinance amending the zoning
code, the problem of requiring snow removal was incorporated
into the nuisance provisions (where the subject of snow
removal had already been dealt with), and the regulation of
commercial snow removal activities was covered by a separate
Chapter to be included in the portion of the Code dealing
with the regulation of businesses.
With reference to these various ordinances, you
expressed several concerns regarding provisions which you
felt were inconsistent with the Council's desires, and I
indicated to you the reasons for those provisions.
First, the nuisance-related ordinance dealt not
only with the snow problem, but also with the investigation
of nuisances and the enforcement of the ordinance. These
provisions were drawn directly from the present Code, and
the only changes which I made had to do with sections of the
Code to which the investigation and enforcement provisions
applied. You indicated concern that action by the Council
appeared to be necessary in order to effect investigation or
enforcement, and I.pointed out that this is the system
presently set forth in the Code. At your request, I have
modified the ordinance to authorize investigation and
enforcement-at the direction of the Town Manager.
Secondly, the appellate process of suspending the
permit granted under the ordinance regulation commercial
snow removal activity was seemed undesirable because it (1)
appeared to defer actual suspension or revocation until a
hearing before the Board of Building Appeals, and (2) it
provided for an appeal to the Town Council which was deemed
unnecessary. This ordinance, which was based upon the Vail
ordinance which I was provided as a desirable pattern, has
been modified in. order to provide for suspension or
revocation at the direction of the Director of Public-Works
or his designated representative, and a possible appeal to
the Board of Building Appeals, and to eliminate the
provision for appeal to the Town Council.
Finally, with reference to the snow storage
ordinance, a provision has been added by which the ordinance
will prohibit the use, for snow storage, of parking areas
required under the Town's minimum requirements.
I hope that the foregoing.provide.s an ade uate
account of-the background and the m mo o 'ch
I have made in the first drafts these rd' a es
Very tr 1 s,
thur A. AbplXnalp,/A.
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