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TC Res. No. 1979-02RESOLUTION NO. 79-2 TOWN OF AVON WHEREAS, the Design Review Board was established by Ordinance No. 9, Series of 1978, and WHEREAS, the Design Review Board was commissioned in said Ordinance No. 9 to establish Procedures, Rules and Regulations for the Design Review Board, which Procedures, Rules and Regulations were to be referred to the Town Council of the Town of Avon for approval, and WHEREAS, the Design Review Board has established the Procedures, Rules and Regulations and now desires approval of the Town Council to implement these Procedures, Rules and Regulations, and WHEREAS, these Procedures, Rules and Regulations are necessary for the operation of the Design Review Board, WHEREFORE, IT IS HEREBY RESOLVED by the Town Council of the Town of Avon, Colorado, that: "The Council hereby approves the Procedures, Rules and Regulations as presented to the Town Council on March 27, 1979., and hereby orders that the Procedures, Rules and regulations be effective immediately with April 15, 1979 being the exact deadline by which all procedures, rules and regulations must be abided by." INTRODUCED, READ, AND APPROVED THIS 27th DAY OF MARCH, 1979. TOT%TN OF AVON 4 V AngeV. Alpi, M or ATTEST: a"-e• ~d • ' Carol S. Ric aids Acting Town Clerk TOWN OF AVON, COLORADO DESIGN REVIEW BOARD PROCEDURES, RULES AND REGULATIONS Section 1.00 Purpose 1.10 Authority: Ordinance No. 9, Series of 1978, Town of Avon. 1.20 Application: The Board shall review and act upon the general design and appearance of any building, construction, paving, grading or landscaping proposed on any lot or parcel of land within the Town. It shall be unlawful to begin any such work prior to approval by the Board. 1.30 Compatibility: These Rules are intended to compliment other ordinances of the Town and shall not duplicate nor supercede them. Section 2.00 Procedures 2.10 Meetings: The Board shall regularly meet on the first and third Thursday of each month at 7:30 o'clock p.m. in the official meeting room of the Town. The Chairman may call special meetings of the Board when deemed necessary. A Notice and Agenda of each meeting shall be posted in the Town Meeting'Room,by the Town Clerk at least forty-eight (48) hours prior to any meeting of the Board. All meetings of the Board shall be open to the public. All records, including proceedings of meetings, applications for review, plans, reports, etc., shall be maintained in the office of the Town Clerk. 2.20 Application for Design Review: Prior to applying for a building, construction, landscaping, grading, sign or use permit, any individual or entity shall make application to the Board for project design approval. Application shall be made on forms provided by the Town, available in the office of the Town Clerk. -2- 2.30 Schedule for Application: All required materials, infor- mation and fees must be submitted to the Town Clerk during regular office hours, at least nine (9) days prior to the meeting at which the application is to be considered. Incomplete or insufficient applications shall not be placed on the Meeting Agenda except for conceptual review as outlined in Section 2.48. 2.40 Material to be Submitted: 2.41 Application form signed by the project land owner or authorized agent. 2.42 Fee - in accordance with these Rules and Regulations. 2.43 Any required statements or reports further describing or in support of the project. 2.44 Property map including: (a) North arrow and scale of one-inch equals forty (40) feet or larger. (b) Property lines with dimensions. (c) Departing lines of all adjacent properties. (d) Existing setback areas, easements and rights-of- way. (e) Existing utility facilities. (f) Existing drainage ditches, including culverts. I (g) Existing stream courses, both annual and perrenial. (h) Existing vegetation, by type, including trees, shrubs and grasses. (i) Rock outcroppings. (j) Contour lines indicating existing topography at one of the following contoux intervals: -3- Average slope of site Interval (1) Ten percent or less . . . . . . one foot (2) Over ten to twenty percent. . . . two foot (3) Over twenty to thirty percent . . five foot (4) over thirty percent . . . . . . . ten foot 2.45 Site Development Plan (may be a separate map or imposed upon the area map) including: (a) Building plan showing layout of existing and proposed buildings including zoning and densities allowed, number and type of dwelling units proposed, decks, patios, canopies, fences, signs, service areas, storage facilities, walk and driveways, off-street parking and loading facilities, trash storage and removal facilities. exterior lighting, proposed utility facilities and percent of lot coverage. (b) Building elevations showing front, side and rear views. (c) Site grading and drainage plan including dispos- ition of surface drainage on and off the site and snow removal and storage areas. (d) Locations of ingress and egress with the directions of traffic flow into, out of and within parking and loading areas, turning and maneuvering areas, emergency vehicle access lanes. (e) Landscape plan showing existing plant materials to be removed and retained, the location and design of proposed landscaped areas, the varieties and approximate sizes of plant materials to be planted therein, and the location and design of irrigation and underground sprinkling systems, swimming pool areas, patios, play areas, recre- ation facilities, and other usable open space. Landscaping and screening of off-street parking and loading areas shall be shown. -4- (f) The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvements. 2.46 At least four (4) copies of all material shall be submitted at the time of application, one of which copy shall be appropriately rendered in colors to afford good clarity and understanding of the project. 2.47 Actual samples of exterior building materials and color finishes proposed are to be submitted with the application. 2.48 on many proposed developments, it may be desirable to ask for a preliminary or conceptual review of a project. Therefore, part of the information and data requested by the Board may not be available and may be omitted. The owner, developer, or agent for the project should state this fact on his application. The fees for said project will be required upon the original submission to the Board. For a conceptual review of a project, all of Sections 2.41, 2.42 and 2.44 shall be complied with. All submittal data in Section 2.45 which is available shall be included. When final approval is desired, the balance of the data required by Sections 2.43, 2.45, 2.46, 2.47 and any other special requests by the Board will be required. Section 3.00 Design Review Fees: 3.10 Design Review Fees are hereby established in order to recover costs to the Town: -5- Residential 1 - 3 units $100 + $10/unit 4 -12 units $130 + $ 9/unit over 3 units 13 -20 units $211 + S 8/unit over 12 units 21 -40 units $275 + $ 7/unit over 20 units 41 -60 units $415 + $ 6/unit over 40 units 61 -100 units $535 + $ 5/unit over 60 units over 10 0 units $735 + $ 4/unit over 100 units Commercial: Maximum Fee $130.00 211.00 275.00 415.00 535.00 735.00 Up to 1,000 0 $100 + 810/100 Qf 200.00 1,001 - 5,000 Q! 200 + $ 8/100 jd over 1000 520.00 5,001 -10,000 520 + $ 6/100 0 over 5,000 J0 820.00 10,001 -20,000 820 + $ 4/100 0 over 10,000 1,220.00 20,001 -50,000 p1 1220 + $ 2/100 0 over 20,000 0 1,820.00 Over 50,000 0 1820 + S 1/100 0 - over 50,000 0 Industrial, Warehousing and Light Manufacturing: 1/2 of the above fees for Commercial. Landscaping Plan Only: $50 plus $10 per 1,000 sq ft of open area. Renovation or Remodel Only: $100 plus $10 per $1,0 00 of estimated cost. Sign $40 plus $2 per sq ft outside area of siqn. Special Consultant Service Cost plus 10% Appeal to Town Council $50.00 -6- 3.20 Resubmittal of Applications: 3.21 Resubmittal of applications or plans that have been denied or otherwise disapproved by the Board or, after appeal to the Council, must be submitted as a new application including all fees. 3.22 Resubmittal of revised plans or materials at the request of the Board may be done so with no additional fee required. 3.23 Fees are not reimbursable after the review process has begun. Section 4.00 Exemptions: 4.10 The following listed items of development or improvements are exempted from application and review provisions of these Rules and Regulations: (a) Maintenance and repair of grounds or buildings currently in conformance with all other applicable regulations, the value of which does not exceed $1,500. (b), Replacement of exterior materials and repainting of structures with the like materials so long as they are currently conforming. (c) Replacement of currently conforming plant materials including trees, shrubs, plants, grasses and sod. (d) Gardens of vegetables, flowers or rock of an area not exceeding one hundred (100) square feet on any one lot. 4.20 All property owners and residents of the Town are responsible for determining the applicability of this Regulation to their proposed development, improvement or repair. J` -7- Section 5.00 Design Guidelines: The Board shall consider the following items in reviewing the design: (a) The suitability of the improvement, including materials of which it is to be constructed and the site upon which it is to be located. (b) The nature of adjacent and neighboring improve- ments. (c) The quality of the materials to be utilized in any proposed improvement. (d) The visual appearance of any proposed improvement as viewed from any adjacent or neighboring property. (e) The objective that no improvement will be so similar or dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired. 5.10 `Design Standards: Yr Zoning 'shall be in accordance with the Master Plan, Zoning Map and Zoning Ordinance of the Town of Avon. (b) Land Use shall be in accordance with the approved Master Plan, Zoning Map and Regulations. (c) Density allowed will be governed by the number of units allowed by the Zone District and designated on the Official Town Plats. (d) Unit: A unit consists of an enclosed space which may be occupied under the zoning regulations, by one family or group of not over four persons not related, living independently of any other family or group for -8- residential (human) occupancy. The term unit shall include hotel or lodge rooms or separately rentable rooms or suites. Density will be based upon the total number of units within a given site or area. (e) Set-Back Requirements shall be in accordance with the Zoning Regulations as adopted by the Town of Avon. The setback shall be twenty-five (25) feet from the front lot line. Overall contours on a given parcel, location of the site, possible visual obstruction, size and location of building and other physical and aesthetic items will be considered. Side lot line set-back will be seven and one-half (7 1/2) feet and rear lot lines ten (10) feet, respectively. (f) Building heights shall be limited to that designated on the subdivision plats and Official Town Maps which is sixty (60)' feet maximum for multiple family and eighty (80) feet maximum for commercial buildings. All building height maximums shall be as determined by the distance, measured vertically, from the finished grade at the midpoint between the front and rear walls of a building to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed or similar.pitched roof. (g) Building standards: The following building standards are adopted as guidelines for property owners, pros- pective builders, architects and others and are subject to revision from time to time as the need arises: (1) Roofs: (a) Pitch: All structures shall have roofs which are reasonably uniform in pitch. All roofs, except the flat portion thereof, shall have a rise of not less than four (4) inches in twelve (12) inches of distance. -9- (b) Overhangs, where they occur, shall be at least one and one-half (1 1/2) feet. (c) Materials shall be wooden shingles or shakes of weather resistant qualities, built-up roofs with gravel or sod. Metal roofs or other roofing materials may be submitted for consideration and possible approval by the Board. (2) Exterior Walls and Windows: The following materials will be permitted on'the exterior of structures: TA7e%^ a Masonry Other Timbers Logs Board Board and Batten Textured Plywood Wood Siding All types of natural native stone Brick Stucco Glass (double- glazed) Decorative Metal (when approved) The following-materials and wall finishes will not ordinarily be permitted on the exterior of any structure: Asphalt shingles Asphalt siding Imitation brick Metal siding (except with specific Board approval) Concrete or concrete block (except with specific Board approval) Asbestos cement shingles Asbestos cement siding Glass blocks (except for decorative windows) Imitation stone Imitation log siding Plastic -10- New building materials, as they become available and other materials not listed above, will be given special consideration by the Board, provided their use harmonizes with existing structures. 3. Exterior Colors and Finishes: Unpeeled logs shall be left natural. New peeled and milled logs and timbers, board, board and batten, and wooden siding shall be oiled, varnished, lacquered, shellacked, stained or painted. Natural or earth tone colors are encouraged. Weathered re-used boards may be left natural if sufficiently aged, and natural dark woods, including cedar, redwood and mahogany may be left natural. 4. Communications Antennae, Gas Tanks, Laundry Lines, Fuel Tanks and other unsightly outdoor fixtures are prohibited. No outdoor, exterior exposed, communications antennae will be permitted except as provided by a central system; provided, however, that outdoor television antennae will be temporarily permitted until such time as a central television antenna system is available. No oil, gasoline, or liquid petroleum gas tanks will be permitted on or above the ground. All such tanks shall be buried below ground level. No outdoor clothes lines or trash barrels will be permitted unless screened from view; such screening shall be submitted for approval by the Board prior to construction. 5.11 Easements and Vacations of Easements: Easements and rights-of-way as shown or described on the recorded -11- plat of the Subdivision are reserved for utilities, drainage, access, or other indicated purposes. (a) Easements for construction, repair, and maintenance of sewer, water, gas, electric, telephone lines and all other utilities are reserved in the rights-of-way of each road and street. (b) Vacations of easements which are not being used and which will not be needed by any of the various utility companies or service districts and which will not be needed for drainage purposes is possible by request to the Town Council. Letters from each of the utility companies, service district, and Town Engineer relinquishing the easement rights will be required before said vacations will be considered and granted. Final approval of development plans will ordinarily be withheld until such easements have been vacated. 5.12 Drainage: All proposed plans and specifications for structures and the construction of such structures shall maintain the drainage easements and rights-of- way within the site free and clear and unobstructed. No structure, road or other facility which encroaches upon or crosses any such drainage easement or right- of-way shall be constructed without prior approval in writing by the Board and the Town. No vehicle entrance to any lot from any dedicated road or street shall be constructed or used unless serviced by a constructed drainage culvert located and sized as needed and as specified by the Town Engineer. ` -12- 5.13 Water and Sewer: Each structure designed for occupancy or use by human beings shall be connected with water and sanitation facilities made available by the existing water and sewer districts. No private wells or sanitation systems shall be used within the Town. Letters of commitment from the respective water and sewer districts may be required. 5.14 Parking Requirements: The provision and maintenance of off-street parking and loading space is a continuing obligation of the property owner. No construction plans will be approved until adequate parking and loading space has been provided. Should the owner or occupant of any lot or building change the use to which the lot or building is utilized, thereby increasing off-street parking and loading requirements, it shall be required that additional space be provided. A normal space shall be 9 ft by 18 ft in size. Number of parking spaces and loading areas will be in accordance with the Zoning Ordinance, but minimum requirements are: 2 - parking spaces per unit, residential. 1 - parking space per 400 sq ft, offices and light commercial 1 - parking space per 800 sq ft, warehouses, and light manufacturing. 1 - parking space per 4 seating capacity, restaurants, theaters. Size and number of loading spaces shall be as required by the Board, based on the proposed use of the building. A -13- 5.15 Trash Storage: Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse, and all such receptacles shall be screened from the public view and protected from disturbance. No burning or other disposal of,refuse out of doors is permitted. 5.16 Livestock: No animals, livestock, horses or poultry shall be kept, raised or bred in the Town of Avon,, except dogs, cats and other household pets for personal enjoyment and not raised'commercially. Exception to this may be an equestrian-livery operation approved by the Town, or provisions in the Zoning ordinance. 5.17 Temporary Structures: Temporary structures, including excavated basements, trailers and tents shall not be permitted in the Town, except as may be determined to be necessary during construction and specifically authorized by the Board in writing. 5.18 Fences and Signs: Fences, walls, or similar type barriers shall have separate approval of the Board, except'that functional or decorative fences or walls may be approved as an integral or decorative part of a building to be erected on a lot. Wood fences are generally more acceptable and desirable than metal. No signs, billboards or other advertising of any kind shall be erected, constructed or maintained on any lot or structure for any purpose whatsoever unless approved by the Board. The Board shall review the appearance, lighting, form, color, character, dimensions, and materials of all signs and shall make such aesthetic judgements necessary to insure that all signs are in compliance with the sign code. -14- 5.20 Landscaping and Plant Materials, Basic Guide: Trees, shrubs, and bushes naturally existing upon any lot shall not be cut, trimmed or removed without prior approval of the Board. All surface areas disturbed by construction shall be promptly landscaped and maintained according to approved landscape plans. The.plans shall specify the location, type and quantities of ground cover, plants,, shrubbery, trees, and similarly related natural and/or artificial materials used and submitted in connection with said landscaping plan. A recommended Plant List is included in the Appendix to this regulation. The list is a partial compilation of plant materials that may survive in the Avon area. It is intended to assist in the preparation of landscaping plans and in the review of landscaping and site plans. The Plant list is comprised of materials that, for the most part have been observed growing at or above the 7,500 foot elevation. However, this alone does not assure the survival of any plant. Other factors such as soil, moisture availability and micro-climate have a strong influence over the plant's survival. Listed are other plants which, if planted under the proper growing conditions, could survive in Avon. Native plant material such as rabbitbrush, mountain mahogany, chokecherry, bush willow, etc., have not been included in the list because they are not particularly useful or desir- able landscape plants except where attempting to re-establish the native vegetative character. Their use should be generally limited to such situations. Care must be taken in reviewing attempts to establish native landscape. True native landscape character is a difficult thing to create and can be totally inappropriate in a highly developed area. -15- Also, there are other plants, as yet untried at higher elevations, which will undoubtedly grow in Avon. A considerable amount of very careful experimentation must take place in order to develop a diverse landscape palate. Therefore, plant experimentation is cautiously encouraged. The survival/loss rate of plant materials is estimated as: a. Trees: 25% loss b. Shrubs: 150 loss The percentage rate of estimated loss should be included in any landscaping plan and particularly considered in the review of any such plan. All plant materials are to be installed within one year issuance by the Town of a building Certificate of Occupancy. 5.21 Landscaping Plan, Lot Coverage: Lot coverage by impervious materials should be limited to: a. Residential lots: 55% b. Commercial and industrial lots: 75% All lots to be covered by grass lawns are to utilize healthy sod material for complete coverage. All grass sod must be extended to the property line or, where adjacent to a roadway, to across the bottom of adjacent drainage ditches. 5.22 Costs estimates for landscaping are to be furnished and shall be no less than as set forth in Town Ordin- ance No. 79-2 (Building Code) as amended, when used for requiring a Performance Bond, unless otherwise established by the developer and specifically approved by the Board. (See Appendix attached). -16- 5.23 Landscaping budgets shall be guaranteed by the developer using one of the methods as set forth in Town Ordinance 79-2. (See Appendix attached). Section 6.00 Board Procedure 6.10 The Town Clerk shall check all material which shall be submitted for design review for compliance with Section 2.40. If found to be adequate, the material shall be submitted to the Design Review Board at its next meeting. If found to be inadequate, the Town Clerk shall not accept the material for Board action and shall notify the applicant in writing. 6.20 The Design Review Board shall review the material and shall approve, disapprove, or request changes in 'the design of the project within twenty days of the date of the meeting at which the material is reviewed by the Board. However, if the Board determines that advice or assistance or professional consultants is needed, an additional forty- five days shall be allowed for action by the Board to allow time for retaining professional consultants and submitting plans to them. Failure of the Board to act within the prescribed deadline shall be deemed conditional approval of the design of the project unless the applicant consents to a time extension. 6.30 If changes in the design of the project are requested, the Board shall approve, disapprove or request further changes within twenty days of the meeting at which the Board receives the changes. 6.40 If the design of the project is found to comply with the purposes prescribed in Section 1 and the design guidelines prescribed in Section 5, the Design Review Board shall -17- approve the design of the project. If it is found to conflict with the purposes or the design guidelines, the Board shall disapprove or request changes in the design of the project. Any disapproval or request for changes shall be in writing and shall specifically describe the purpose,statement,or design guidelines with which the design of the project does not comply and the manner of noncompliance. Section 7.00 Approval by the Board 7.10 Within seven days following action of the Design Review Board, its decision to approve, disapprove, or request changes in the project design shall be deposited in the U. S. Post Office at first class mail to the applicant and posted in a conspicuous manner at the Town Office. The decision shall become final if no written appeal is made to the Town Council by any aggrieved person within twenty days following the decision of the Design Review Board. 7.20 All actions by the Board shall be transmitted to the Town Building Inspector and to'the Town Council for information at its next regular meeting. 7.30 All approvals are site specific- Variations or changes, without Board approval, are not allowed. Section 8.00 Variations From This Regulation 8.10 The Board may grant variations from the provisions of this Regulation, upon specific request by the applicant, where there are demonstrated practical difficulties of particular hardships preventing the strict provisions of this Regulation to be met. -18- Section 9.00 Appeal To Town Council 9.10 A decision of the Design Review Board may be appealed to the Town Council by the applicant or any aggrieved person or at the request of the Mayor at any time before the decision becomes final. 9.20 Not more than twenty days following the filing of an appeal, the Town Council shall review the action of the Design Review Board. The Town Council shall, in writing, confirm, modify or reverse the decision of the Design Review within twenty days following the commencement of review. If it deems insufficient, information is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than thirty additional days. Failure of the Council to act within thirty days shall be deemed conditional approval by the Council of the design of the project unless the applicant consents to a time extension. 9.30 Any decision by the Town Council which results in disap- proval of the project design shall specifically describe the purpose or design guidelines with which the project does not comply and the manner of noncompliance. Section 10.00 Lapse of Design Review Approval 10.10 Approval of the design of a project as prescribed by this Regulation shall lapse and shall become void two years following the date of final approval of the project unless prior to the expiration of two years a building permit is issued and construction is commenced and diligently pursued toward completion. Section 11.00 Severability 11.10 Any provision of,this Regulation or the application thereof to any person or circumstance is held invalid by a court of -19- law, such invalidity should not affect other provisions or applications of this Regulation which can be given effect without the invalid provisions or application and to this end, the provisions of this Regulation are declared to be severable. Section 12.00 Safety Clause 12.10 The Town Council hereby finds, determines and declares that this Regulation is necessary for the preservation of the public health, welfare and safety. Section 13.00 Penalties 13.10 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the Town of Avon or'cause or permit the same to be done, contrary to or in violation of any of the provisions of this Regulation. 13.20 Any person, firm or corporation violating any of the provisions of this Regulation shall be guilty of a misdemeanor, and any ,such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the Provisions of this Regulation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 14.00 Enforcement 14.10 The Building Department and the Police Department of the Town of Avon shall be responsible and are both hereby jointly charged with the Enforcement of the Provisions of this Regulation. -20- Section 15.00 Amendment 15.10 These Procedures, Rules and Regulations and any proposed amendments thereto shall be submitted by the Board to the Town Council which by motion--shall approve the Rules or Amendment and direct their adoption by the Board or disapprove the proposal with directions for revision and resubmission. Section 16.00 Adoption 15.10 The Board shall adopt and promulgate these Procedures, Rules and Regulations as well as any Amendments thereto immediately following the approval of these Rules and Regulations by the Town Council. APPENDIX 1 TOWN OF AVON RECOMMENDED PLANT LIST Common IJame, (Botanical Name) Recommended Minimum Size at Planting 4' 4' 3' 4' 4' EVERGREEN TREES Engleman Spruce (Picea englemanni) Colorado Blue Spruce (Picea pungens) Bristlecone Pine (Pinus aristata) Lodgepole Pine (Pinus contorta latifolia) Ponderosa Pine (Pinus ponderosa scopulorum) Rocky Mountain Juniper varieties (Juniperous scopulorum & var.) DECIDUOUS TREES Amur Maple (Acer ginnala) Box-elder (acer negundo) Norway Maple & varieties (Acer platanoides & var.) Silver Maple (acer saccharinum) European Birch varieties (Betula pendula, var.) Common Hackberry (Celtis occidentatlis) Russian Olive (Elaeagnus angustifolia) 3' Notes Not for extremely dry locations Pines need well drained soils Available in native form or a wide selection of varieties offering differenct size, shapes, and foliage colors. There are other more 6' desirable landscape trees but may be useful in difficult growing conditions 6' In protected locations with adequate deep soil moisture 6' 6' 6' 4' Mass plantings not recommended -1- Appendix 1, continued Green Ash 6' (Fraxinus pennsylvanica lanceolata) Thornless Honeylocust 6' Survival of young trees may (Gleditsia triacanthos inermis) be questionable in exposed Varieties: Shademaster, Skyline, situations Imperial Crabapple varieties 5' (Malus var.) Varieties: Hopa, Dolga, Sar_gents White Poplar 6' (Populus alba) Quaking Aspen 6'~ Group plantings only (Populus tremuloides) Cottonwood Species 6' Most dependable large trees (Populus sp. ) Species: anqustifolia and sargentii Shubert Chokecherry 6' (Prunus virginiana "Shubert') European Mountain Ash 6' Survival of young trees may (Sorbus aucuparia) questionable in exposed situations EVERGREEN SHRUBS Pfitzer Juniper (Juniperous chinensis 'Pfitzeriana') 18" Chinese Juniper varieties 18" (Juniperous chinensis var.) Prostrata Juniper varieties 15" or Snow cover ma_v be (Juniperous horizontalis var.) 1-gallon in desirable for winter large plantings hardiness. Tammy Juniper 15" (Juniperous sabina 'Tammariscifolia') Bird's Nest Sruce 12" (Picea abies nidiformis) Swiss Mountain Pine 15" (Pinus mugo) Mugho Pine 12" (Pinus mugo mughus) -2- Appendix 1, Continued DECIDUOUS SHRUBS Serviceberry (Amelanchier) Japanese Barberry varieties (Berberis thunbergi var.) Siberian Peashrub (Caragana arborescens) Red Osier Dogwood (Cornus'stolonifera coloradensis) Peking Cotoneaster (Cotoneaster acutifolia) Winged Euonymus (Euonymus alatus) Wintercreeper Euonymus (Euonymus vegetus 'Coloratus') Forsythia (Forsythia intermedia) Common Privet (ligustrum vulgare) Zabel Honevsuckle (Lonicera korolkoui 'Zabel') Tatarian Honeysuckle (Lonicera tatarica) Oregon Grape (Mahonia aquifolium) Potentilla Varieties (Potentilla var.) Purple-leaved Sand Cherry (Prunus cistena) Nanking Cherry (Prunus tomentosa) Russion Almond (Prunus tenella) 2' 18" 2' 2' 18" 18" Hardiness may be questionable in exposed situations. 1 gal. Need good mulch or snow cover to insure winter hardiness 3' 18" 2' 2' 1 gal. Hardiness may be questionable in exposed situations 1 gal. 2' 3' 18" -3- Appendix 1, Continued Skunkbush Sumac (Rhus trilobata) Alpine Currant (Ribes alpinum) Harison's Yellow Rose (Rosa harisonii) Redleaf Shrubrose (Rosa rubrifolia) American Elder (Sambucus canadensis) Ural False Spirea (Sorbaria sorbifolia) Froebel Spirea (Spiraea bumalda) Thunberg Spirea (Spiraea thunbergi) Vanhoutte Spirea (Spiraea vanhouttei) Snowberry (Symphoricarpos albus laeviqatus) Indian Currant Coralberry (Symphorearpos orbiculatus) Persian Lilac (Syringa laciniata persica) Common Lilac (Syringa villosa) Wayfaringtree viburnum (Viburnum lantana) European Cranberrybush (Viburnum opulus) GROUND COVERS Carpet Bugle (Ajuga reptans) Goutweed (Aegopodium variegatum) 1 gal. 15" 2 gal.; 2 gal. 2' 18" 1 gal. 1811 18" 18" 18" 2' 2' 2' 2' 2" pot- Most ground covers will require snow cover or mulch to 2" pot insure winter hardiness -4- Appendix 1 Continued Snow-in-summer 2" pot (Cerastium tomentosum) Leadwort 211 'Dot (Ceratostigma plumbaginoides) Wintercreeper Euonymus 18" (Euonymus vegetus 'Coloratus') Mint 2" pot (Mentha spicata)' Goldmoss Stonecrop 2" pot (Sedum acre) Orange Sedum 2" pot (Sedum kamtschaticum) Two-row Stonecro 2" pot (Sedum spurium) White Clover Seed (Trifolium repens LAWN GRASSES Common Kentucky Bluegrass (Poa pratensis) Merion Kentucky Bluegrass (Poa pratensis 'Merion') Park Kentucky Bluegrass, (Poa pratensis 'Park') Manhattan Perennial Rye=grass (Lolium perenne 'Manhattan') Pennfine Perennial Rye-grass (Lolium perenne 'Pennfine') Fescue varieties (Festuca rubra commutata) Varieties: Creeping Red Fescue, Pennlawn Use only as a mix with Kentucky Bluegrass -5- APPENDIX 2 TOWN OF AVON FROM: Town of Avon Building Ordinance, No 79-2, Amending Ordinance No. 80-23. Section 2. Repeal and reenactment of Paragraph (i), Section 2, Ordinance No. 2, Series of 1979. Paragraph (i), Section 2, Ordinance No. 2, Series of 1979, is hereby repealed in its entirety and reenacted as follows: "(i) Section 306(c) of the UBC is amended hereby by the following: A Certificate of Occupance shall be issued after final inspection when it is found that the building or structure complies with the provisions of the UBC and the following: (1) All amendments to the Code as provided in this Ordinance, (2) "As Constructed" drawings and plans certified by the Architect, engineer, soils engineer and owner as it pertains to structural, soils condition, plumbing, mechanical, electrical, landscaping, grading, and any other requirements by the Design Review Board and the Town of Avon. (3) Cleanup and landscaping, including grading, drainage, paving, lighting and installation of sprink- ling systems, (herein "cleanup and landscaping") has been completed during the months of May through September, cleanup and landscaping may be completed within 60 days of issuance of a Temporary Certificate of Occupancy upon payment of a cleanup and landscaping deposit. Provided, further, in the case of buildings, or structures completed during months of November through April, a temporary certificate of occupancy shall be issued and cleanup and landscaping may be completed by the end of the ensuing June upon payment of a cleanup and landscaping deposit. (4) The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by letter of credit, written commitment of a lending institution that funds have been set aside or a corporate completion bond including written undertaking of the surety to complete all work upon demand of the Town. The amount of the deposit required shall be based upon a current bid by a reputable contractor, good for a suffucient time to allow completion of work, or upon some other basis deemed comparable by the Town. In computing the amount of the deposit, partial completion shall be taken into consideration. Further, as landscaping is satisfactorily completed, the building administrator in his discretion may release corresponding amounts of the deposit.. Application for such release shall not be made more often than monthly. Satisfactory completion of landscaping shall mean construction and/or installation of landscaping items agreed to with the Design Review Board and Town before approval of a given site plan for a project, including lawn sprinkler systems, grading, drainage, paving and lighting. Any interest earned on the deposit shall be paid to the permit holder. (5) In the event landscaping, as defined herein, is not completed by the permit holder to the satisfaciton of the Town, the Town may, but shall not be obligated to the permit holder or to anyone else to, complete such landscaping, the cost of doing so, together with fee in the amount of 20% of such cost, shall be charged to the permit holder and deducted from the cash deposited. If such cost, plus the fee, exceeds the amount of the deposit, the excess, together with interest at 8% per annum, shall be in lieu against the property and may be collected by civil suit or may be certified to the Treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property.