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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. AAA, jr;ec