TC Ord. No. 1992-03 Amending Chapter 8.24 of the Muni Code of the Town of Avon relating to limitation of construction activityTOWN OF AVON
ORDINANCE NO. 92 - 3
SERIES OF 1992
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO LIMITATION
OF CONSTRUCTION ACTIVITY
WHEREAS, the Town of Avon has a responsibility to the
health, safety and welfare of it's citizens; and
WHEREAS, the Town of Avon has determined that certain
construction activities conducted at certain times of the day or
week may be considered as a public nuisance.
NOW, THEREFORE, BE IT ORDAINED, by the Town Council of
the Town of Avon:
Section 1 Amendment. Chapter 8.24 be amended by the
addition of Section 8.24.085 Limitation On Construction
Activity, to read as follows:
Construction and excavation activity which produces
audible noise at the property lines of the lot or
parcel on which such activity is taking place shall
be limited to 7 A.M. to 7 P.M. on Saturdays and 9 A.M.
to 6 P.M. on Sundays and national holidays. Any
construction activity which produces audible noise at
the property lines of the parcel containing such
activity at times other than the allowable hours shall
be deemed a public nuisance. There shall be no
limitations on construction activities occuring Monday
through Friday, with the exception of national holidays
as noted above.
Section 2 Violation - Penalty. Any person convicted of
violating any of the provisions of this chapter shall be
punished by a fine of not more than five hundred dollars,
provided that each separate act in violation of the
provisions of this chapter, or each and every day or
portion thereof during which any separate act in
violation of this chapter is committed, continued, or
permitted, shall be deemed a separate offense.
Section 3 Exceptions. Utility repair work that may be
classified as emergency conditions is exempt from the
limitations of this ordinance.
Section 4 Severability. If any part, section, sentence,
clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance;
and the Town Council for the Town of Avon hereby declares
it would have passed this ordinance and each part, section,
sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases
be declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 24th day of March
1992, and a public hearing shall be held at the regular meeting
of the Town Council of the Town of Avon, Colorado on the 14th
day of April , 1992 at 7:30 P.M. in the
Municipal Building of the Town of Avon, Colorado.
TOWN COUNCIL
TOWN OF AVON
n~A L~~~
Jerr Davi Mayor
ATTEST:
P tty Ne
art, own clerk
1kh
ADOPTED AND APPROVED THIS 14thDpy OF April 1992.
Jerry,Davis Mayor
A
Patty Neyha 4,T Clerk
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
14TH DAY OF APRIL, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-3, SERIES OF
1992:
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON, RELATING TO LIMITATION OF CONSTRUCTION
ACTIVITY.
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 is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 26th day of March, 1992.
TOWN OF AVON, COLORADO
BY:
Patty Ney art
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MARCH 26, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
M E M 0
TO: William D. James, Town Manager
FROM: Rick Pylman, Director of Community Development
DATE: February 7, 1992
RE: Construction Hours
At a recent meeting of the Avon Town Council, the Council directed Staff to
investigate the issue of limiting hours of construction and requested us to
bring forward ideas for discussion. This issue was originally brought up by
several residents that have been impacted by recent construction projects.
Further conversation with these people has identified the main issues with
construction projects in residential areas as noise, dust and litter control,
with noise the first and foremost concern.
While construction can undoubtedly have short term negative impacts to
adjacent properties, the issue of limiting the allowable hours of construction
activity is very sensitive in this area. Our local environment dictates a
very short construction season and limitations on construction hours may
create scheduling problems and result in higher construction costs. The majority
of contractors that I have spoken with in the last several weeks have expressed
these concerns, but also believe that some reasonable restrictions can protect
neighbors without adversly affecting the contractor.
I believe that if we structured an ordinance along the following lines, we
could provide relief to properties adjacent to construction projects without
adversely affecting local contractors.
On Monday through Saturday construction be limited to daylight hours, in other
words, from sunrise to sunset. On Sunday allowable construction hours would be
8:00 AM to 6:00 PM. During these hours the contractor would be allowed to carry
out any activity normally associated with construction without limitation.
Outside of these hours activity would be allowed on the site as long as there
is no audible noise at the property lines of the project.
The audible noise restriction would still allow certain types of work to take
place, but would eliminate the main objection of adjacent owners.
I believe regulations along this line will effectively mitigate the negative
impacts of construction projects, while allowing contractors and builders the
time needed to complete projects within our short building season. I would also
suggest that any ordinance addressing this issue include strict dust and litter
cotnrol measures, as well as penalties for non-compliance.
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Avon, Colorado
November 1,1991
Mr. Rick Pylman
Director of Community Development
Town of Avon
Avon, Colorado 81620
Dear Rick:
During the past summer we have become acutely aware of the effect
of construction activities on people already established in
homes or businesses adjacent to the construction. As you know
our home at 2000 Hurd Lane is just 50 feet, wall to wall, from
the Eaglebend affordable housing project. From early April until
now we have been subjected to the noise and other effects of the
construction activities from early morning until late evening
seven days a week.
We have lived in this location since 1970 and all of our family
members are active in the business community. We are well aware
of the need for housing for employes if the area is to continue
to grow and prosper. No matter how great the need, the con-
struction itself should not be allowed to overflow on to the
already existing housing in Eaglebend or any other established
area.
To this end we recommend that the Town of Avon deal with this
problem through one or more ordinances that address the problem.
1. Daily construction hours be limited to the period 7 AM to 6 PM
2. No construction work be allowed from noon on Saturday until
7 AM on Monday, and that official holidays be observed in a
like manner.
dust
3. Dust control measures be required to a degree where no/blows
or settles onto adjacent properties.
4. Litter control be practiced to a degree where no construction
debris makes it's way on to any adjacent properties.
5. No construction activities be allowed to invade or trespass
on to adjacent property without written consent of the owners
in question.
We believe such restrictions should be in place prior to the
1992 construction season. I am available at any time to provide
details or explanations for any of the above.
Sing ,
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FRANK DOLL