TC Ord. No. 1992-19 Amending Title 16 of the Muni Coder
Ql~ v~~-
~J
ORDINANCE NO. 92-19
AN ORDINANCE AMENDING TITLE 16 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO SUBDIVISIONS AND REQUIRING
DEDICATION OF LAND FOR SCHOOL PURPOSES
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, AS FOLLOWS:
Section 1. Amendment. Title 16 of the Municipal Code
of the Town of Avon is amended by the addition of a new chapter
16.50 as follows:
Chapter 16.50
SCHOOL SITE DEDICATIONS
Sections:
16.50.010 Purpose
16.50.020 School land dedication or cash in lieu
thereof
16.50.030 Application
16.50.040 Town exempted
16.50.010 Purpose. It is hereby declared to be the
policy of the Town that whenever there is a major subdivision,
which is subdivided for residential use or partial residential
use, the owner of the land shall provide land for school needs
generated by the proposed residential use. It is the purpose of
this chapter to require the dedication of land or the payment of
fees in lieu thereof to fulfill such needs.
16.50.020 School land dedication or cash in lieu
thereof. The subdivider of land in each residential major
subdivision or portion of the subdivision which is intended for
residential use shall allocate and convey school sites to Eagle
County School District RE 50J ("the School District") when such
are reasonably necessary to serve the proposed subdivision and
future residents thereof by the application of the formulas set
forth below:
Single family and duplex or primary secondary:
Number of units x .014495 = dedication requirement in
acres
Multi-family:
Number of units x .002676 = dedication requirement in
acres
When sites and land areas for schools are not
reasonably necessary to serve the proposed subdivision and future
residents thereof, the council, with recommendations from the
School District, shall require, in lieu of such conveyance of
land, the payment in cash by the subdivider to the School
District of an amount not to exceed the full market value of such
sites and land areas for schools.
The full market value shall mean the current market
value of unimproved land. Such value shall be determined by the
council with recommendations from the School District. If the
subdivider does not accept such valuation, it may submit a report
by a qualified appraiser. If one is submitted, the council shall
review the report and determine the value of the land, which
determination shall be final.
Section 16.050.030 Application. This Chapter shall
apply only to subdivisions of land annexed to the Town of Avon
after October 1, 1992. The Town Council hereby finds and
determines that adequate school sites have been dedicated to
serve all land located within the Town on that date.
16.50.040 Town exempted. The Town is exempted from
the requirements of this Chapter.
Section 2. 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 day of 1992 and a public hearing on this
Ordinance shall be held at the regular meeting of the Town
Council of the Town of Avon, Colorado on the day of
1992 at 7:30 P.M. in the Municipal Building of the
11 Town of Avon, Colorado.
Attest:
Town Clerk
Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this day of , 1992.
ATTEST:
Town Clerk
APPROVED AS TO FORM:
T6 Attorney'
Mayor