These Regulations for Areas and Activities Designated as Matters of State and Local Interest, as the same may be amended from time to time (the "Regulations") may be cited as the "Town of Avon 1041 Regulations."

(Ord. 10-14 §3)

The general purpose of these Regulations is to facilitate identification, designation and administration of matters of state interest consistent with the home rule power and authority of the Town of Avon (the "Town"), as authorized pursuant to Article XX of the Constitution of the State of Colorado and the statutory powers and criteria set forth in Section 24-65.1-101, et seq., C.R.S. The goals of these Regulations are:

(a)

To promote the health, safety and general welfare of the citizens of and to protect the environment of the Town.

(b)

To protect the beauty of the landscape and natural scenic characteristics, to protect and enhance wildlife habitat, air and water quality and to conserve natural resources.

(c)

To promote safe, efficient and economic use of public resources in developing and providing needed community infrastructure, facilities and services.

(d)

To ensure that new development will pay for itself to the maximum extent practicable and to ensure that present residents of the Town will not have to subsidize new development through increased cost of public services and/or degradation of the quality of life.

(e)

To plan for and regulate the site selection, construction, expansion and operation of matters of state interest and to facilitate the planned and orderly use of land in accordance with the nature and character of matters of state interest.

(f)

To ensure, to the maximum extent practicable, that matters of state interest comply with applicable provisions of this Municipal Code, this Development Code and the Avon Comprehensive Plan (the "Comprehensive Plan"), as the same may be amended from time to time.

(g)

To address the intensity of current and foreseeable development pressures on and within the Town.

(h)

To set forth a procedure by which the Town Council may designate matters of state interest and, following such designation, administer the matters of state interest so designated.

(Ord. 10-14 §3)

These Regulations shall apply to all proceedings concerning identification, designation and regulation of projects in any area of state interest or any activity of state interest, located wholly or partially within the boundaries of the Town, whether on public or private land, that may hereafter be designated by the Town Council. The portions of these Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state interest which meets any one (1) of the following conditions:

(a)

The specific development or activity is covered by a current, valid and effective building permit issued by the Town prior to the effective date of these Regulations; or

(b)

The specific development or activity has been approved by the electorate of the Town; or

(c)

The specific development or activity is on land which has received conditional or final approval of a development plan that approves the specific development or activity:

(1)

When a development plan had been conditionally or finally approved by the Town, if such development plan specifically contemplates the specific development or activity.

(Ord. 10-14 §3)

(a)

Whenever the provisions of these Regulations are found to be inconsistent with or less stringent than any other resolution ordinance, code, regulation, including but not limited to the Development Code or the Comprehensive Plan, the enactment imposing the more restrictive standards or requirements shall control.

(b)

If these Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest as set forth in Sections 24-65.1-202 and 24-65.1-204, et seq., C.R.S., the statutory criteria shall control.

(c)

Nothing in these Regulations shall be construed as exempting an applicant from any other applicable Town requirements or other applicable federal, state or local requirements.

(d)

No federal, state or local approval to carry out a project within an area of state interest or activity shall preempt or otherwise obviate the need to comply with these Regulations.

(Ord. 10-14 §3)

Each map referred to in a designation of any matter of state interest shall be deemed incorporated into these Regulations by reference as if set out in full. Maps referred to in the designation of any matter of state interest shall be filed with and be available for inspection in the Town's Community Development Department.

(Ord. 10-14 §3)

Unless otherwise specifically provided, it shall be the duty of the Town Council to perform all functions set forth in these Regulations.

(Ord. 10-14 §3)

The Director of the Community Development Department or his or her designee (the "Director") shall exercise all powers and duties granted to the Director by these Regulations.

(Ord. 10-14 §3)

(a)

The Town Council shall serve as the Permit Authority.

(b)

The Town Council shall exercise all powers and duties granted to it by these Regulations.

(Ord. 10-14 §3)

If any Section, Subsection, sentence, clause, phrase, provision or portion of these Regulations should be found to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of these Regulations as a whole or any part other than the part declared invalid.

(Ord. 10-14 §3)

The designation process set forth in this Article shall apply to the designation of any matter of state interest after the effective date of these Regulations. The designation process shall not apply to those matters of state interest designated by the Town Council on or before the effective date of these Regulations, which designations shall remain in effect. The Town Council has, by adopting Articles VI through VIII of these Regulations, designated the following as matters of state interest:

(a)

The site selection of arterial highways, interchanges and collector highways.

(b)

Municipal and industrial water projects, including the site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems.

(c)

Major facilities of a public utility.

(Ord. 10-14 §3)

Designations of matters of state interest, including amendments or revocations of designations, may be initiated in two (2) ways:

(a)

By the Town Council proposing, on its own initiative, with or without participation of the Town's Planning and Zoning Commission (the "PZC").

(b)

By written recommendation of the PZC to the Town Council.

(Ord. 10-14 §3)

After a recommendation from the PZC for the designation or amendment of a designation of a matter of state interest or after the Town Council initiates the process for designation or amendment of a designation of a matter of state interest, no person shall engage in development in the area or conduct the activity described in the proposal until the Town Council has held a public hearing with respect to the designation and issued its order relating thereto.

(Ord. 10-14 §3)

After a matter of state interest has been designated, no person shall engage in development in the designated area of state interest or conduct the designated activity of state interest until the guidelines and regulations for such area or activity are finally determined.

(Ord. 10-14 §3)

(a)

If the PZC initiates consideration of a recommendation for the designation, amendment or revocation of the designation of a matter of state interest, it shall hold a public hearing thereon prior to making a formal written recommendation to the Town Council. Within thirty (30) days following completion of the public hearing, the PZC shall make a formal written recommendation to the Town Council.

(b)

The Town Clerk or Deputy Town Clerk shall a publish notice of the PZC hearing which shall include, at a minimum, the time and place of the public hearing, the place at which materials relating to the area or activity to be designated may be reviewed and a description of the matter of state interest proposed to be designated in sufficient detail to provide reasonable notice as to the property to be included in the designation or the type of activity to be designated. Such notice shall be published once in a newspaper of general circulation in the Town not less than fourteen (14) days before the date set for the PZC hearing.

(Ord. 10-14 §3)

(a)

The Town Council shall hold a public hearing before designating and adopting regulations for any matter of state interest or amending or revoking said designation or regulations.

(b)

The Town Council shall set a date for the public hearing.

(c)

The Town Clerk or Deputy Town Clerk shall prepare a notice of the designation hearing, which shall include, at a minimum, the time and place of the hearing, the place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined and a description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to the property to be included in the designation or the type of activity to be designated. The notice should include, when practicable, the legal description of the property to be subject to the designation or a general boundary description utilizing common roads or other boundaries, as well as any general or popular names of the property. If the designation is applicable to the entire Town, the notice shall so state and no other description of the property included in the designation shall be required.

(d)

At least thirty (30) days but not more than sixty (60) days before the date set for the public hearing, the Town Clerk or Deputy Town Clerk shall publish the notice once in a newspaper of general circulation in the Town and shall mail the notice by first-class mail to each of the following:

(1)

The Colorado Land Use Commission.

(2)

The Department of Local Affairs.

(3)

All persons who have requested that their names and addresses be placed on the Town mailing list which shall be maintained by the Town Clerk as authorized pursuant to Section 24-65.1-404(2)(b), C.R.S., and which persons have paid the required annual fee imposed by the Town Clerk to maintain such list.

(4)

Other state agencies or other local governments, as deemed appropriate in the discretion of the Director.

(Ord. 10-14 §3)

(a)

At the designation hearing, the Town Council shall consider all relevant evidence regarding the designation of a matter of state interest, including but not limited to:

(1)

The intensity of current and foreseeable development pressures;

(2)

The matters and considerations set forth in any applicable guidelines for identification and designation;

(3)

Recommendations from state agencies and other referral agencies, if appropriate;

(4)

The boundaries of the proposed area or the activity;

(5)

Reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity and the advantages of development of such area or conduct of such activity in a coordinated manner;

(6)

The Comprehensive Plan or other applicable subarea plan pertaining to or affected by the matter;

(7)

Recommendations of Town staff and consultants retained by the Town, if applicable; and

(8)

The written recommendation of the PZC, if applicable.

(b)

The Town Council shall hear testimony and receive evidence, including relevant testimony and documentary evidence presented.

(c)

The Town Council may impose reasonable time limitations on testimony.

(d)

The Town Council may continue the hearing for a period not to exceed sixty (60) days. If the hearing is continued, no further notice of the public hearing shall be required.

(e)

No additional public input, either oral or written, shall be accepted for the record by the Town Council after the hearing is closed, except as specifically permitted by the Town Council.

(Ord. 10-14 §3)

(a)

The Town Clerk will collect and preserve the following record of the public hearing, at a minimum:

(1)

Notice of the hearing;

(2)

Certificate of publication of the notice and certificate of mailing of the notice;

(3)

Names and addresses of persons who presented written or oral statements;

(4)

Evidence of the identification of the matter of state interest proposed to be designated;

(5)

Final approved minutes of the Town Council meeting at which the public hearing occurred; and

(6)

An electronic recording of the public hearing, provided that the Town is under no obligation to transcribe such recording unless the transcription is paid for by the requesting party.

(b)

Any person may, at his or her own expense, provide for the recording and transcription of the public hearing and, if transcribed by such person, such person shall provide a copy of the recording and transcript to the Town Clerk at no charge and any such transcript shall thereafter be considered part of the record following the date on which the Town Clerk receives the same.

(Ord. 10-14 §3)

(a)

At the conclusion of the public hearing or within thirty (30) days after completion of the public hearing, the Town Council may adopt, adopt with modification or reject the proposed designation. If the designation of any matter of state interest is adopted or adopted with modification, Town Council shall, within thirty (30) days after completion of the public hearing, proceed to adopt guidelines and regulations for administration of the matter of state interest designated.

(b)

The Town Council shall adopt, adopt with modification or reject the designation and any guidelines or regulations pertaining to such designation by ordinance.

(c)

Each ordinance designating an area or activity of state interest adopted by the Town Council shall, at a minimum:

(1)

Specify the boundaries of the designated area or the boundary of the area in which an area or activity of state interest has been designated.

(2)

State reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity and the advantages of development of such area or conduct of such activity in a coordinated manner.

(3)

Specify the guidelines and regulations applicable to the designated matter of state interest.

(d)

The Town Council shall retain authority to amend any regulations applicable to any designated matter of state interest or to adopt new regulations interpreting and applying its adopted guidelines in relation to specific development occurring in designated areas of state interest or to specific activities of state interest.

(Ord. 10-14 §3)

No person may engage in a development in a designated area of state interest or conduct a designated activity of state interest designated pursuant to these Regulations without first obtaining a 1041 permit ("1041 Permit" or "Permit") from the Town Council.

(Ord. 10-14 §3)

(a)

A pre-application conference is required of all applicants. The pre-application conference shall be held between the applicant, the Director and other members of Town staff and consultants that the Director determines should attend the pre-application conference. The main purposes of the pre-application conference are to: (1) provide the applicant with an understanding of the permit application process; (2) to review applicable requirements and standards of these Regulations specific to the matter of state interest proposed; and (3) to provide the Director with an initial overview of the proposed project.

(b)

At or before the pre-application conference, the applicant shall provide the Director with a written summary of the project including:

(1)

The applicant's name, address and phone number; and

(2)

A map prepared at a scale determined appropriate by the Director and showing: the boundary of the proposed activity, the relationship of the proposed activity to surrounding topographic features such as roads, steams and existing structures, proposed buildings, improvements and infrastructure and information that is sufficient for determining the nature of the proposal and the degree of impacts associated with it.

(Ord. 10-14 §3)

(a)

Any application for a 1041 Permit shall be accompanied by an initial deposit of ten thousand dollars ($10,000.00) toward the application processing fee, which initial deposit shall be in the form of cash or a cashier's check made payable to "Town of Avon." The Director, in consultation with the Town Council, will establish the application fee applicable to each specific application, which fee shall be reasonably related to the estimated cost of reviewing and processing the application, including costs of copying, mailings, publications, labor and overhead, all hearings and meetings on the application and the retention of such consultants, experts and attorneys as the Town deems advisable. The Director shall determine a schedule for the payment of subsequent installments of the application processing fee, if the total application fee is expected to exceed the initial deposit of ten thousand dollars ($10,000.00), which installments shall be structured so that, throughout the application process, the Town shall retain a balance of at least one thousand dollars ($1,000.00) in the designated account. The Town may cease processing the application pending receipt of additional installments bringing the balance in said account to at least ten thousand dollars ($10,000.00).

(b)

The Town will deposit that portion of the application fee, which is not necessary to cover current costs and expenses in an interest-bearing account. The Town will obligate, encumber or use such funds, from time to time, at its discretion, when necessary to cover the cost of processing the application. Interest earned on the account will belong to the applicant and will be applied by the Town toward subsequent installments of the application fee.

(c)

The Town will maintain accurate records of the manner in which the application fee is used and will make such records available for inspection by the applicant and the public at reasonable times as determined by the Town.

(d)

Any portion of the application processing fee submitted by the applicant or any interest earned on such fee pursuant to Subsection (b) above, which is not necessary to cover the cost of processing the application, will be returned to the applicant within one hundred twenty (120) days following the date on which the Town Council has made a final determination regarding the 1041 Permit application.

(e)

The Town Council will take no action on the application until all fees and expenses related to the application review process have been paid.

(Ord. 10-14 §3)

Each application shall contain, at minimum, the items required below. If requested by the applicant in writing, including detailed reasons for the request, the Director may waive any of the required application materials deemed by the Director as not relevant to the Town Council's review of the 1041 Permit application. Any such waiver shall be set forth in writing and executed by the Director.

Additional materials may be required pursuant to guidelines and regulations adopted by the Town Council following the designation of particular matters of state interest by the Town Council.

The application shall include the following information:

(a)

Information regarding the applicant:

(1)

The names, addresses organizational form and business, of the applicant and, if different, the owner of the proposed project.

(2)

The names, addresses and qualifications of individuals who are or will be responsible for constructing and operating the project, including those areas of expertise and experience of said individuals with projects directly related or similar to that proposed in the application.

(3)

Authorization of the application package by the project owner, if different than the applicant.

(b)

Information regarding the proposed project:

(1)

Detailed plans and specifications of the proposed project and a summary of alternatives.

(2)

Schedules for designing, permitting, constructing and operating the project, including the estimated life of the project.

(3)

A list of all other federal, state and local permits and approvals that will be required for the proposed project, together with any proposal for coordinating these approvals with the Town review process.

(4)

Copies of all official federal and state consultation correspondence prepared for the project, a list of all mitigation required by federal, state and local authorities and copies of any draft or final environmental assessments or impact statements required for the proposed project.

(5)

A description of all hazardous, toxic and explosive substances to be used, stored, transported, disturbed or produced in connection with the proposed project, including the type and amount of such substances, their location and the practices and procedures to be implemented to avoid accidental release and exposure.

(6)

All contracts or agreements that the applicant or owner has entered into prior to the date of application for the 1041 Permit which relate directly or indirectly to the proposed project or a summary of agreements which the applicant or owner expects to enter into in order to complete the project, including intergovernmental agreements, if applicable.

(7)

The need for the proposed project in the Town, particularly in relation to existing and/or permitted facilities, which perform a function similar or identical to that of the proposed project.

(8)

A description of the technical and financial feasibility of the proposed project, including:

(i)

The estimated construction costs and period of construction for each component of the project and the total mitigation costs for the proposed project and alternatives.

(ii)

Revenues and operating expenses for the proposed project and alternatives.

(iii)

The amount of and security for any proposed debt and the method and estimated cost of debt service.

(iv)

Details of any contract or agreement for services in connection with the proposed project.

(v)

A description of the persons or entities who will pay for or use the project and/or service produced by the development and those who will benefit from any and all revenues generated by it.

(vi)

Documentation of financial and technical capabilities of the applicant/ owner, to demonstrate that the project will be completed in a reasonable length of time and will comply with all applicable Town requirements.

(c)

A report completed by a qualified environmental engineer summarizing the environmental impacts of the project on air quality, threatened or endangered species, visual quality, noise and vibrations and odors, within the area to be impacted by the project. The report required by this Section shall include reference to all sources of data used in compiling the report.

(d)

A report completed by a qualified traffic engineer summarizing the impact of the proposed project on the Town's existing and planned transportation network, including at minimum the following:

(1)

A map and description of the transportation network to be affected by the proposed project, including current and projected road locations, conditions and capacities and maintenance provisions and costs.

(2)

A map and description of current commuting patterns, traffic volumes and types of vehicle use.

(3)

Descriptions of the impact and net effect of the proposed project on the transportation network, including the cost of any necessary improvements required in order for the project to proceed or necessitated after expected completion of the project.

(e)

A description of the existing levels, demand for, adequacy and the operational and maintenance costs of public services and facilities affected by the project, including services and facilities of the Town and other affected local governments, including but not limited to Eagle County, school districts and special districts.

(f)

A report summarizing the socio-economic impacts of the proposed project.

(g)

A report summarizing the anticipated impact of the project on existing land uses within the Town and other existing property rights, including but not limited to:

(1)

A description of all property rights, including water rights, surface rights, mineral rights, rights-of-way and easements, which must be obtained or will be affected, in order to construct and operate the projects; the identity of the owners of these rights; and the anticipated methods of acquiring these rights.

(2)

An assessment of whether the proposed project is consistent with the Town's land use policies as set forth in the Comprehensive Plan and this Development Code.

(3)

A map and description of existing land uses within the area to be affected by and adjacent to the proposed project.

(4)

A description of the impacts and net effect of the proposed project on property rights, including water rights, surface rights, mineral rights, rights-of-way and easements.

(5)

Descriptions of the impacts and net effect of the proposed project on existing and proposed land uses.

(h)

A report summarizing all mitigation that is proposed to avoid, minimize, rectify, compensate for or eliminate adverse impacts and to maximize positive impacts resulting from the proposed project for each impact category to be affected by the proposed project, including but not limited to:

(1)

A description of the impacts and net effects resulting from the proposed project, which are irreversible and irretrievable.

(2)

A description of the methodology, including mathematical equations, to be used to project and measure the effectiveness of mitigation measures proposed over both the short and long term.

(3)

A description and location of any monitoring devices to be used to measure impacts of the project and effectiveness of mitigation measures.

(4)

A description of how and when the proposed mitigation measures will be implemented and financed.

(Ord. 10-14 §3)

(a)

An application for a 1041 Permit shall not be accepted unless it is complete, is in the form required by these Regulations, contains all materials and reports required by these Regulations and the initial application fee deposit has been paid in full. If an application is determined to be incomplete by the Director, the Director shall specify what additional or supplemental information is required in order to accept the application as complete.

(b)

Once the Director has determined that the application is complete, the applicant shall be required to submit twenty (20) copies of the complete application to the Town Clerk, which copies shall include all of the reports and other materials required by these Regulations. When the Director has received the twenty (20) copies of the complete application, the application shall be considered complete and the Director shall note upon the application the date it is considered complete.

(Ord. 10-14 §3)

When an application has been determined to be complete by the Director, the Town may send a copy of the complete application to and seek review comments from any local, state or federal governmental entity or agency that may have expertise in or an interest in any potential impacts that may be associated with the project proposed in the application. Any referral responses received by the Town shall be provided to the Town Council for consideration at the 1041 Permit hearing.

(Ord. 10-14 §3)

(a)

Not later than thirty (30) days following the date on which the Director has determined that the application is complete, the Town Council shall set a date for the public hearing on the application.

(b)

The Town Clerk or Deputy Town Clerk shall publish a notice of the date, time and place for the Town Council hearing. Such notice shall be published once in a newspaper of general circulation in the Town, not less than thirty (30) days or more than sixty (60) days prior to the date set for the hearing.

(c)

Not less than seven (7) days before the hearing on the 1041 Permit, Town staff selected by the Director shall prepare a report that summarizes the proposed project's compliance with all applicable guidelines and regulations contained in these Regulations and other applicable Town regulations and summarizes the comments that the Town obtains from referral agencies, if any. A copy of the Town staff report shall be provided to the applicant prior to the public hearing upon written request made to the Director.

(d)

If an applicant proposes to engage in development in an area of state interest or to conduct an activity of state interest not previously designated by the Town Council and for which specific guidelines and regulations have not been adopted, the Town Council may hold one (1) hearing for determination of designation and guidelines and granting or denying the permit.

(Ord. 10-14 §3)

(a)

The Town Council shall conduct the hearing in a manner to afford procedural due process to the applicant and to any person who opposes the issuance of the 1041 Permit.

(b)

The Town Council shall hear relevant testimony, receive relevant evidence and may impose reasonable time limits on presenters and witnesses.

(c)

All persons appearing at the hearing in person or by counsel shall be afforded the right of cross-examination as well as a reasonable opportunity to offer evidence in rebuttal.

(Ord. 10-14 §3)

(a)

The burden of proof shall be on the applicant to show compliance with these Regulations, including any specific guidelines or regulations pertaining to the application.

(b)

If information presented at the hearing leads the Town Council to find that additional information is necessary for it to determine whether the applicable guidelines or regulations have been met, the Town Council may continue the public hearing until the additional information has been received. No such continuance shall exceed sixty (60) days unless a longer period is agreed to by the applicant either in writing or on the record of the hearing.

(c)

Following the conclusion of the public hearing, the Town Council may approve the application for the 1041 Permit or may approve the application with reasonable conditions if it determines that the applicant has proven that the project complies with all applicable guidelines and regulations. If the application does not comply with the applicable guidelines and regulations, the 1041 Permit shall be denied by Town Council.

(d)

The Town Council shall set forth, in writing, reasons for its decision and its findings and conclusions related to the approval of the 1041 Permit, the conditional approval of the 1041 Permit or the denial of the 1041 Permit.

(e)

The Town Clerk shall collect and preserve the following record of the public hearing:

(1)

The Permit application;

(2)

Notice of the hearing;

(3)

Certificate of publication of the notice and certificate of mailing of the notice;

(4)

The names and addresses of all persons making oral or written statements, appearing as witnesses or offering documentary evidence;

(5)

All documentary evidence and written statements or testimony presented in support of or in opposition to the Permit application;

(6)

An electronic recording of the public hearing, provided that the Town is under no obligation to transcribe such recording unless the transcription is paid for by the requesting party;

(7)

Final approved minutes of the Town Council meeting at which the public hearing on the matter of the 1041 Permit application occurred, which minutes shall include a copy of the written findings of Town Council as required by Subsection (d), above, if contained in a document other than the ordinance approving or denying the 1041 Permit;

(8)

The ordinance approving or denying the Permit or approving with conditions; and

(9)

The Permit, if issued.

(Ord. 10-14 §3)

(a)

The Permit shall be issued in writing by the Town Council.

(b)

The Permit may be issued for an indefinite period or for a term of years, depending on the nature of the project.

(c)

The Permit is valid only for the construction and operation of the project described in the application, together with conditions of approval, if any, imposed by the Town Council.

(d)

No Permit shall be issued or valid unless and until the applicable provisions of Article IV of these Regulations ("Financial Assurance") have been complied with.

(Ord. 10-14 §3)

In cases in which the proposed project must also comply with other provisions of this Development Code or other applicable Town regulations, the 1041 Permit hearing may be coordinated with any other public hearing required by the Development Code or other applicable Town regulations, if approved in advance and in writing by the Director.

(Ord. 10-14 §3)

Before any Permit is issued, the Town Council shall require the applicant to file a guarantee of financial security deemed adequate by the Town Council and payable to the Town. The purpose of the financial guarantee is to assure the following:

(a)

Faithful performance of the conditions of the Permit, if any and other applicable regulations.

(b)

That the project or activity is completed.

(c)

That the applicant performs all mitigation requirements.

(d)

That shortfalls to Town revenues are offset in the event that the project is suspended, curtailed or abandoned.

(Ord. 10-14 §3)

In determining the amount of the financial guarantee, the Town shall consider the following factors:

(a)

The estimated cost of completing the project or activity and, if applicable, of returning the development area to substantially its original condition or to a condition otherwise acceptable to the Town.

(b)

The estimated cost of performing all mitigation requirements and Permit conditions in connection with the construction, operation and termination of the project.

(Ord. 10-14 §3)

(a)

Estimated cost shall be based on the applicant's submitted cost estimate plus the Town Council's estimate of the additional cost to the Town of bringing personnel and equipment to accomplish any unperformed purpose of the financial guarantee. The Town Council shall consider the duration of the development or activity and compute a reasonable projection of increases due to inflation. The Town Council may require, as a condition of the Permit, that the financial security be adjusted upon receipt of bids related to satisfying any other conditions of the Permit.

(b)

Revisions to the estimate may be required based on information available to the Town.

(Ord. 10-14 §3)

(a)

The guarantee shall be in the form of cash or an irrevocable letter of credit issued by a bank acceptable to the Town or any other form or combination of forms, approved by the Town Council.

(b)

The surety issuing an irrevocable letter of credit must maintain an office or corresponding bank within one hundred fifty (150) miles of the Town and shall be approved in advance by the Town's Director of Finance and Town Attorney.

(c)

The applicant shall not have greater than a twenty-percent ownership or managerial control over the surety issuing any financial guarantee.

(Ord. 10-14 §3)

The financial guarantee may be released only when:

(a)

The Permit has been surrendered to the Town Council before commencement of any physical activity on the site on which the matter of state interest was to occur;

(b)

The development or activity has been abandoned and the site has been returned to substantially its original condition or to a condition otherwise acceptable to the Town in accordance with criteria adopted by the Town Council;

(c)

The project has been satisfactorily completed;

(d)

A phase or phases of the project have been satisfactorily completed allowing for partial release of the financial guarantee consistent with project phasing and as determined appropriate by the Town Council; or

(e)

The applicable guaranteed conditions have been satisfied.

(Ord. 10-14 §3)

Any security may be canceled only upon receipt of the Town Council's written consent, which may be granted only when such cancellation will not detract from the purposes of the security.

(Ord. 10-14 §3)

(a)

If the Town Council determines that the financial guarantee should be forfeited because of any violation of the Permit, mitigation requirements, conditions or any applicable guidelines or regulations adopted by the Town Council, it shall provide written notice to the surety and the applicant that the financial guarantee will be forfeited unless the applicant makes written demand to the Town Council within thirty (30) days after the applicant's receipt of notice, requesting a hearing before the Town Council. If no demand is made by the applicant within said period, then the Town Council shall order the financial guarantee forfeited.

(b)

The Town Council shall hold a hearing within thirty (30) days after the receipt of the demand by the applicant. At the hearing, the applicant may present for the consideration of the Town Council statements, documents and other information with respect to the alleged violation. At the conclusion of the hearing, the Town Council shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee.

(c)

A financial guarantee shall be deemed forfeited if it is not renewed in a form acceptable to the Town Council not later than fifteen (15) business days before its expiration date.

(d)

If any forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the Town Attorney shall take such steps as deemed proper to recover such costs where recovery is deemed.

(Ord. 10-14 §3)

If the license to do business in Colorado of any surety upon a security filed pursuant to this Article is suspended or revoked by any state authority, then the applicant shall substitute a good and sufficient surety licensed to do business in Colorado within thirty (30) days on the date on which the existing surety's license is suspended or revoked. Upon failure of the applicant to make substitution within the time allowed, the Town Council shall indefinitely suspend the Permit until proper substitution has been made.

(Ord. 10-14 §3)

(a)

On or before March 1 in each calendar year following the year in which a Permit has been granted by the Town Council, the applicant or owner of the project ("Permittee") shall submit a written report to the Town Council, via the Director, detailing all past activities conducted by the applicant pursuant to the Permit, including a satisfactory showing that the Permittee is in compliance with all conditions of the Permit and applicable regulations.

(b)

The Town Council shall review the report within thirty (30) days from the date of submittal. If the Town Council determines, based upon its review, that the Permittee is likely to have violated the provisions of the Permit or other applicable regulations, it shall schedule a public hearing to be held not less than thirty (30) days nor more than sixty (60) days from the date on which the Town Council determined that the Permittee is likely to have violated the provisions of the Permit or other applicable regulations and which public hearing the Permittee shall be required to attend. Notice of the public hearing shall be published once in a newspaper of general circulation in the Town not less than fourteen (14) days before the date set for the hearing. If the Town Council determines at the public hearing that the Permittee has violated the provisions of the Permit or other applicable regulations, the Town Council may suspend or revoke the Permit in accordance with these Regulations.

(c)

Upon notice to the Town Council of the fulfillment of all Permit conditions and the Town Council's concurrence therein, the Town Council may terminate any annual review requirements.

(d)

The Town Council may waive or modify the annual review requirements on its own initiative and discretion or upon petition of the applicant and upon a showing of good cause therefore.

(Ord. 10-14 §3)

(a)

When the Town Council is considering the suspension or revocation of a Permit, it shall consider evidence and statements in mitigation and in aggravation of the violation or failure to act before determining the appropriate penalty.

(b)

Following the conclusion of a public hearing at which the Town Council reviews a potential violation of a Permit condition or other applicable regulation and has determined that a violation has occurred, the Town Council may temporarily suspend the Permit for a period of sixty (60) days, may impose additional conditions on the Permit in order to ensure that adequate measures to cure the violation are undertaken in a timely fashion or may revoke the Permit.

(c)

The Town Council may revoke a Permit granted pursuant to these Regulations if the Town Council finds:

(1)

That a violation of any condition of the Permit or other applicable regulation has occurred following the conclusion of the public hearing required by this Article; or

(2)

That the Permittee has failed to take substantial steps to initiate the permitted development or activity within twenty-four (24) months from the date on which the Permit was originally issued or, if such steps have been taken, the applicant has failed to complete the development or activity with reasonable diligence. "Substantial steps" do not require construction activity and may include, among other things, legal or administrative proceedings and activities directly associated with the project. An extension of the time within which substantial steps to initiated the permitted development or activity need be taken may be granted by the Town Council upon the request of the applicant and a showing of good cause therefor.

(d)

Upon good cause shown by the Permittee, any revoked or suspended Permit may be reinstated, effective immediately upon such reinstatement, within twelve (12) months after revocation or suspension.

(Ord. 10-14 §3)

(a)

Any person engaging in a development in the designated area of state interest or conducting a designated activity of state interest who does not obtain a Permit pursuant to these Regulations, who does not comply with Permit conditions or who does not comply with other applicable guidelines or regulations of the Town may be enjoined by the Town from engaging in such development or conducting such activities and may be subject to such other criminal or civil liability as may be proscribed by law.

(b)

If the Town determines at any time that there are material changes in the construction or operation of the project from that approved by the Town, the Permit shall be immediately suspended and a public hearing shall be scheduled and held in accordance with the procedures set forth in this Article to determine whether new conditions are necessary to ensure compliance with the Permit as issued or other applicable guidelines or regulations or if the Permit should be revoked.

(Ord. 10-14 §3)

A Permit may not be transferred without the advance written approval of the Town Council. The Town Council shall require, as a condition to approving any such requested transfer, that the proposed transferor and transferee demonstrate to the satisfaction of the Town Council that the proposed transferee can and will comply with all requirements, terms and conditions set forth in the Permit and these Regulations; that such requirements, terms and conditions remain sufficient to protect the health, welfare and safety of the public; and that an adequate guarantee of financial security can be made.

(Ord. 10-14 §3)

(a)

The Town and its employees, agents and consultants are hereby empowered to enter and inspect the use, occupation or development of or activity in each and every matter of state interest subject to these Regulations for the purpose of determining, from time to time, whether or not any use, occupation, development or activity is in violation of any of the provisions of these Regulations or of any other applicable regulations.

(b)

If a violation shall be found to exist, the Town Council or the Director may by written order direct that remedial action be taken forthwith as will result in full compliance with the applicable regulations. The written order shall set forth a timeframe in which the remedial action must be completed. If the remedial action specified in such written order is not undertaken by the Permittee in the time period prescribed, the Permit may be temporarily suspended or revoked following the notice and public hearing procedure set forth in this Article. The issuance of a written order as described above shall not be deemed a prerequisite to scheduling a public hearing on the matter of suspending or revoking a Permit and shall not be deemed a prerequisite to any other enforcement mechanism or proceeding available to the Town at law or in equity.

(Ord. 10-14 §3)

Any action seeking judicial review of a final decision of the Town Council made pursuant to these Regulations, including but not limited to the designation of a matter of state interest, the issuance of a 1041 Permit or the suspension of revocation of a 1041 Permit, shall be initiated within thirty (30) days after the applicable decision is made, in the district court in and for the county in which the project is predominately located, pursuant to Rule 106 of the Colorado Rules of Civil Procedure.

(Ord. 10-14 §3)

The Town Council, having considered the intensity of current and foreseeable development pressures at a duly noticed public hearing, hereby designates site selection of arterial highways and interchanges and collector highways as a matter of state and local interest.

(Ord. 10-14 §3)

The site selection of any arterial highway or interchange or collector highway within the boundaries of the Town, as the same may change from time to time, shall be subject to this designation and the regulations set forth in this Article.

(Ord. 10-14 §3)

(a)

The purpose and intent of the designation and regulations contained in this Article shall be to:

(1)

Facilitate the local administration of site selection of arterial highways and interchanges and collector highways by establishing requirements that must be met before a site may be selected;

(2)

Ensure that community traffic needs are adequately met;

(3)

Provide for the continuation of desirable local and regional community patterns in the face of regional development pressures;

(4)

Discourage expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the Town;

(5)

Prevent direct conflicts with local, regional and state master plans;

(6)

Ensure that the site selection of any arterial highway or interchange or collector highway is compatible with surrounding land uses;

(7)

Encourage the coordination of highway planning with the Comprehensive Plan and avoid highway construction which divides existing communities;

(8)

Discourage traffic hazards and congestion;

(9)

Ensure that traffic noise, air and water pollution remain at acceptable levels; and

(10)

Protect property values.

(b)

These regulations and the guidelines and requirements contained herein are adopted in furtherance of the authority set forth in Title 24, Article 65.1, C.R.S., and the Town's home rule powers as authorized pursuant to Article XX of the Constitution of the State of Colorado. To the extent that these guidelines and regulations contain requirements that are more stringent than the requirements of the criteria listed in Section 24-65.1-204, C.R.S., reference is made to the authority set forth in Section 24-65.1-402(3), C.R.S.

(Ord. 10-14 §3)

(a)

The regulations set forth in this Article shall apply to the site selection of all arterial highways and interchanges and collector highways.

(b)

Any person proposing to undertake site selection of an arterial highway or interchange or collector highway in the Town of Avon, whether such highway project is wholly or partially located within the Town, shall be required to submit an application for a 1041 Permit in accordance with the procedures set forth in the Regulations prior to seeking any other permit or other action by the Town.

(Ord. 10-14 §3)

The following definitions shall apply to this Article:

Alternative mode of transportation means any mode of transportation other than a single occupancy vehicle.

Applicant means any person proposing to construct, modify or expand an arterial highway or interchange or collector highway within the Town.

Arterial highway means any limited-access highway which is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation.

Collector highway means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreation areas or Industrial centers that is constructed under guidelines and standards established by or under the supervision of, the Colorado Department of Transportation. Collector highway does not include a Town street or local service road or a county road designed for local service and constructed under the supervision of local government.

Constructed under guidelines and standards established by or constructed under the supervision of the Colorado Department of Transportation each shall include, without limitation, any of the below-listed forms of participation by the Colorado Department of Transportation:

(a)

The Colorado Department of Transportation or any entity formed directly or indirectly by or by contract or agreement with (including, without limitation, any enterprise formed under Article 4 of Title 43, C.R.S., or nonprofit entity formed by such enterprise), the Colorado Department of Transportation or the Colorado Transportation Commission:

(1)

Is an applicant;

(2)

Sells, leases, loans, donates, grants, conveys, assigns, transfers or otherwise provides any real or personal property or interests therein used or to be used in the proposed construction, modification or expansion of the arterial highway or interchange or collector highway, including transfer or assignment of any contract to the applicant that may have been awarded for the proposed construction, modification or expansion of the arterial highway or interchange or collector highway;

(3)

Delegates authority to the applicant or is a signatory to any intergovernmental agreement or other form of contract, agreement, conveyance, delegation or authorization required for the applicant to construct, modify or expand the arterial highway or interchange or collector highway; or

(4)

Performs or funds any planning, design, study, construction, supervision or maintenance functions associated with all or any portion of the construction, modification or expansion of the arterial highway or interchange or collector highway.

(b)

A state highway access permit from the Colorado Department of Transportation is necessary for access from the proposed construction, modification or expansion of the arterial highway or interchange or collector highway to a state highway either within or outside the Town.

Construction, modification or expansion means any activity involved in constructing or reconstructing or modifying or expanding an existing or proposed arterial highway or interchange or collector highway or the completed construction, reconstruction, modification or expansion of the arterial highway or interchange or collector highway or both.

Development means any construction or modification or expansion which changes the basic character or use of the land on which the construction or activity occurs.

Impact area means that area within the region and the Town which is served or potentially could be served by the existing or proposed arterial highway or interchange or collector highway.

Interchange means the intersection of two (2) or more highways, roads or streets at least one (1) of which is an arterial highway and shall include, but not be limited to any portion of any of the interchanges of: (1) Interstate-70 ("I-70") and Avon Road; (2) I-70 and William J. Post Boulevard; or (3) any future interchange of I-70 and any highway, road or street lying within the boundaries of the Town, as those boundaries may change from time to time. At such intersection, there must be direct access to and from the arterial highway.

Limited-access highway means a highway which gives preference to through traffic by providing access connection with selected roads only. A highway may be considered a limited access highway even though it has some crossings at grade and private driveway connections.

Site selection means the identification of a corridor located entirely or partially within the Town in which:

(a)

Construction of an arterial highway or interchange or collector highway is proposed; or

(b)

Expansion or modification of an existing arterial highway or collector highway is proposed that would result in:

(1)

An increase in highway capacity by at least one (1) lane through widening or alternative lane configurations or an equivalent increase in capacity produced by access controls, technological or other types of highway improvements; or

(2)

The elimination of direct, at-grade access from a public road or street within the Town to such existing arterial or collector highway; or

(c)

Expansion or modification of an existing highway is proposed which would result in a change in classification to "collector highway" or "arterial highway" as defined in this Article VI.

(Ord. 10-14 §3)

(a)

Nothing in this Article shall be construed as exempting an applicant for a 1041 Permit from any other requirements of the Town or other applicable state or federal laws and regulations. In no event shall the approval of a 1041 Permit under this Article be considered a representation by the Town, its staff members or consultants or the Town Council that the proposed construction, modification or expansion complies with other applicable federal, state or local requirements, nor shall such approval otherwise give rise to any claim against the Town, its staff members or consultants or Town Council members related to the failure of an applicant to comply therewith.

(b)

To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

(Ord. 10-14 §3)

No person may undertake site selection of an arterial highway or interchange or collector highway within the boundaries of the Town without first applying for a 1041 Permit in accordance with the procedures set forth in Article III of these Regulations. The 1041 Permit, if issued, shall be effective only for the period of time specified by the Permit and shall be subject to Article V of these Regulations.

(Ord. 10-14 §3)

Permit applications, notice and conduct of permit hearings, review of Town Council decisions and the issuance of 1041 Permits to engage in the site selection of arterial highways and interchanges and collector highways shall comply with the procedures set forth in Articles III and V of the Regulations.

(Ord. 10-14 §3)

In addition to the application materials required by Article III of these Regulations, an application for a 1041 Permit for site selection of an arterial highway or interchange or collector highway shall contain the items listed below, in order to be considered complete by the Director.

(a)

A list of all reasonable alternative corridor locations for the proposed construction, expansion or modification of the arterial highway or collector highway or a list of all reasonable interchange locations or design alternatives;

(b)

For the proposed and all reasonable alternative corridor locations or all reasonable alternative interchange locations or designs, the information specified below:

(1)

A general description of the proposed corridor location or interchange location or design, with a discussion of the advantages and disadvantages of this alternative;

(2)

A location map showing the corridor or interchange location and general area;

(3)

Any proposal, study or other documentation which includes:

(i)

Type, scale and appearance of the improvement;

(ii)

Cost estimate; and

(iii)

Approximate timetable for construction and right-of-way acquisition;

(4)

Demographic information in the regional impact area and within the Town, including:

(i)

Estimated current population and density;

(ii)

Total employment, occupation types and major employer locations;

(iii)

Average family income; and

(iv)

Population projections in five-year increments over the next twenty (20) years.

(c)

The need for the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(d)

Major traffic generators in the regional impact area and the Town;

(e)

The planned level of service in relationship to projected user demand, both regionally and within the Town;

(f)

A map and description of existing land use in the impact area, both regionally and within the Town, in relationship to the existing circulation system and the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(g)

A map of the regional impact area and the impact area within the Town showing planned, proposed or expected land use at each year of population projection provided pursuant to Paragraph (b)(4), above, with and without the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(h)

The approximate number of users of the proposed corridor or interchange location in terms of existing Town residents, new Town residents and non-Town residents;

(i)

Plans for promoting the use of alternative modes of transportation;

(j)

Anticipated noise levels resulting from the new or modified arterial highway or interchange or collector highway, including noise levels expressed through eight-hour and twenty-four-hour Equivalent Sound Level metrics, as well as single event noise metrics;

(k)

The local and regional air quality impacts of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway, including attainment of federal and state ambient air quality standards and risks to human health and the environment posed by air pollutants including, but not limited to, formaldehyde, benzene, 1,3-butadiene, diesel particulates and other fuel combustion by-products;

(l)

The impacts of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway on accessibility to and from existing public facilities, commercial and industrial facilities and residential areas, both regionally and within the Town;

(m)

Any health and safety hazards, including exposure to hazardous materials, which may result from the siting of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(n)

How the proposed construction, expansion or modification of the arterial highway or interchange or collector highway and its impacts will conform to the Comprehensive Plan goals, objectives and policies;

(o)

How the proposed construction, expansion or modification of the arterial highway or interchange or collector highway and its impacts will conform to any applicable regional and state plans, goals, objectives and policies;

(p)

The development potential that would result in the regional impact area and within the Town with and without the completion of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway, measured in terms of: land values, land availability, land use controls, vacancy rates and indices of accessibility to school/education, utility service, other public and quasi-public services, local and regional amenities and employment opportunities and the demographic indices identified in Paragraph (b)(4) above;

(q)

The increased demand that the potential development described in Subsection (p) above will place on the following public services, both regionally and within the Town: other roadways, mass transit, trails, bike paths and other transportation, housing, employment, schools, commercial services, health services, police and fire protection, solid waste disposal, water supply systems, wastewater collection and disposal systems, storm water collection and release systems, power, communications, parks, open space and recreation, other public and quasi-public utilities and other planned public services;

(r)

The costs and benefits to the region and to the Town of Avon resulting from the land use commitment necessitated or facilitated by the proposed construction, expansion or modification of the arterial highway or interchange or collector highway compared to alternative projected land uses in terms of land suitability, transportation, community services, utilities and revenues;

(s)

Alternatives which may be utilized by the Town in planning for and controlling adjacent land use;

(t)

Local and regional impacts of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway on water quality and water resources, including effects on floodplains and wetland values and functions;

(u)

Impacts of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway on sensitive, endangered or threatened species and scenic, parks, recreational or other natural resources;

(v)

Impacts of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway on the character of adjacent or nearby neighborhoods or development, as well as the impacts of increased division or separation of neighborhoods caused by the proposed construction, expansion or modification of the arterial highway or interchange or collector highway; and

(w)

All feasible alternatives for mitigating adverse effects of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway described above, including but not limited to effects on the level of public services, access to public services, division of existing communities, water quality, air quality, noise levels and scenic, historical, recreational, archeological or natural resources. Mitigation alternatives to be considered include, but are not limited to:

(1)

Alternative locations, configurations and access for the highway or interchange, including but not limited to grade separated interchanges and complete or partial construction below grade with cover and landscaping suitable for recreational use or for construction of Town streets, bike paths or pedestrian walkways;

(2)

Alternative pavement types;

(3)

Alternative highway maintenance and snow removal methods;

(4)

Sound walls and other sound-mitigating structures, such as transparent noise barriers;

(5)

Berms;

(6)

Landscaping;

(7)

Speed limits;

(8)

Speed control devices;

(9)

Limits on the use of compression brakes; and

(10)

Pedestrian bridges.

(x)

Evidence that the applicant has provided written notice via certified mail to all property owners within or adjacent to the impact area that the applicant or other entity involved in the construction, modification or expansion of the arterial highway or interchange or collector highway anticipates may have a real property interest acquired by the applicant or other such entity through arms' length negotiation or through the exercise of the power of eminent domain.

(Ord. 10-14 §3)

The Director may waive any part but not all of the submission requirements imposed by this regulation upon written petition of the applicant. In considering the requested waiver, the Director shall consider:

(a)

The scope of the site selection proposal;

(b)

Whether providing the information requested to be waived would be unduly burdensome to the applicant; and

(c)

Whether, without the information requested to be waived, the application contains sufficient information to allow the Town Council to reach a decision on all criteria necessary to issue a permit.

Any waiver granted by the Director shall not preclude the Town Council from requiring the submission of any additional information or materials related to the site selection proposal that Town Council determines is necessary to its review of the 1041 Permit application.

(Ord. 10-14 §3)

The Town Council shall approve an application for a 1041 Permit for site selection of an arterial highway or interchange or collector highway in the Town only if the proposed construction, modification or expansion complies with the Regulations, other applicable federal, state and local guidelines and regulations and meets all the following guidelines and requirements:

(a)

All of the provisions of the 1041 Permit application procedure set forth in Article III of these Regulations have been complied with;

(b)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will be located so that community traffic needs are met and will preserve at grade access from Town streets to the extent necessary to meet community traffic needs and to avoid unacceptable division of existing communities;

(c)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will be located only in a corridor for which a clear and reasonable local and regional need for such highway facilities has been demonstrated;

(d)

Reasonable alternative modes of transportation will be incorporated into the highway proposal;

(e)

Desirable local and regional community land use patterns will not be disrupted due to the location of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(f)

The location of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not impede the delivery of essential community services and goods;

(g)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not isolate community neighborhoods from and, where practicable, will enhance access from community neighborhoods to public facilities, including schools, hospitals, mass transit, pedestrian walkways and bikeways, recreational areas and open spaces;

(h)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not restrict access via other roadways, mass transit facilities, pedestrian walkways or bikeways to local commercial services, including retailers, business and employment centers, and public facilities, including schools, hospitals, recreational areas and open spaces;

(i)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not create safety hazards to motorists, pedestrians or bicyclists by causing or contributing to overuse, improper use or congestion or cause unnecessary diversion of regional traffic onto other Town roadways;

(j)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not directly conflict with applicable local, regional and state master plans, including but not limited to transportation plans, storm drainage and flood control plans and storm water quality plans and programs;

(k)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not directly conflict with the Comprehensive Plan;

(l)

The location of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not contribute to the expansion of demand for public services beyond the reasonable capacity of the Town or the region to provide such services;

(m)

The location of the proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not contribute to the expansion of regional or local demand for public utilities beyond the reasonable capacity of the utility companies, existing special districts or authorities to provide such services;

(n)

The site selection for the arterial highway or interchange or collector highway will adhere to the plan, process, procedure and requirements of the State of Colorado and the Federal Highway Administration, and such construction, expansion or modification will be included in the Denver Metropolitan Regional Transportation Plan;

(o)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not increase water pollution levels in violation of applicable federal, state and local water quality control standards and will result in no net loss of wetland values and functions;

(p)

The maximum anticipated use over the next twenty (20) years of the new or modified arterial highway or interchange or collector highway will not increase air pollution levels beyond applicable federal or state ambient air standards or to levels that pose unacceptable risks to human health and the environment;

(q)

Noise levels caused by the new or modified arterial highway or interchange or collector highway will not exceed fifty-five (55) decibels as measured by a twenty-four-hour Equivalent Sound Level metric at any residence, school, church or other noise-sensitive location, unless the Town Council determines that meeting such sound level is infeasible, that all feasible avoidance or mitigation measures will be incorporated and the public benefit of any new or modified arterial highway or interchange or collector highway necessitates the proposed construction, expansion or modification of the arterial highway or interchange or collector highway;

(r)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will be designed to blend into its surrounding and shall be designed to avoid or minimize visual impacts, including views of the highway or interchange from residential areas and, to the extent practicable, will incorporate attractive landscaping features to mitigate visual impacts; and

(s)

The proposed construction, expansion or modification of the arterial highway or interchange or collector highway will not result in a design speed of greater than forty-five (45) miles per hour, unless the Town Council finds that achieving such design speed is infeasible and all feasible mitigation of the adverse effects of higher speeds (including, without limitation, noise levels, air quality and safety) will be incorporated and the public benefit of any new or modified arterial highway or interchange or collector highway necessitates the proposed construction, expansion or modification of the arterial highway or interchange or collector highway.

(Ord. 10-14 §3)

The Town Council shall deny the permit if the proposed construction, expansion or modification of the arterial highway or interchange or collector highway does not meet all of the criteria set out in Section 7.40.540 of this Article VI.

(Ord. 10-14 §3)

The Town Council, having considered the intensity of current and foreseeable development pressures at a duly noticed public hearing, hereby designates municipal and industrial water projects, site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems (each a "Special Water and Wastewater Project" and collectively, "Special Water and Wastewater Projects" (SWWP)) as matters of state and local interest.

(Ord. 10-14 §3)

Each Special Water and Wastewater Project located or proposed to be located within the boundaries of the Town, as the same may change from time to time, shall be subject to this designation and the regulations set forth in this Article.

(Ord. 10-14 §3)

(a)

The purpose and intent of the designation and regulations contained in this Article shall be to:

(1)

Facilitate the local administration of Special Water and Wastewater Projects by establishing requirements that must be met before a Special Water and Wastewater Project is approved;

(2)

Ensure that community water and wastewater needs are adequately met;

(3)

Provide for the continuation of desirable local and regional community patterns in the face of local and regional development pressures;

(4)

Discourage expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the Town;

(5)

Prevent direct conflicts with local, regional and state master plans;

(6)

Ensure that SWWPs are compatible with surrounding land uses;

(7)

Ensure that traffic noise, air and water pollution remain at acceptable levels; and

(8)

Protect property values.

(b)

These regulations and the guidelines and requirements contained herein are adopted in furtherance of the authority set forth in Title 24, Article 65.1, C.R.S., and the Town's home rule powers as authorized pursuant to Article XX of the Constitution of the State of Colorado. To the extent that these guidelines and regulations contain requirements that are more stringent than the requirements of the criteria listed in Section 24-65.1-204, C.R.S., reference is made to the authority set forth in Section 24-65.1-402(3), C.R.S.

(Ord. 10-14 §3)

(a)

The regulations set forth in this Article shall apply to all SWWPs.

(b)

Any person proposing to undertake a SWWP in the Town, whether such SWWP is wholly or partially located within the Town, shall be required to submit an application for a 1041 Permit in accordance with the procedures set forth in the Regulations prior to seeking any other permit or other action by the Town.

(Ord. 10-14 §3)

The following definitions shall apply to this Article:

Adverse means unfavorable or harmful.

Applicant means any person proposing to construct, modify or expand a SWWP within the Town.

Collector system means a network of pipes and conduits through which sewage flows to a wastewater treatment facility.

Construction, modification or expansion means any activity involved in constructing or reconstructing or modifying or expanding an existing or proposed SWWP or the completed construction, reconstruction, modification or expansion of the SWWP, or both.

Development means any construction, modification or expansion which changes the basic character or use of the land on which the construction or activity occurs.

Distribution system means a network of pipes and conduits through which water is piped to the public for human consumption or a network of pipes and conduits through which water is piped to the public in exchange or trade for water for human consumption.

Domestic wastewater treatment facility means any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not such facility or group of units is discharging into state waters.

Domestic water and sewage treatment system means a wastewater treatment facility, water distribution system or water treatment facility and any system of pipes, structures and facilities through which wastewater is collected for treatment.

Wastewater treatment facility means either a domestic wastewater treatment facility or an industrial wastewater treatment facility.

Water distribution system means any combination of pipes, tanks, pumps or other facilities that delivers water from a source or treatment facility to the consumer.

Water treatment facility means the facility within the water distribution system that can alter the physical, chemical or bacteriological quality of the water.

In determining whether a project is a water distribution system, the Town Council will consider water rights decrees, pending water rights applications, intergovernmental agreements, water supply contracts and any other evidence of the ultimate use of the water.

Efficient use of water means the employment of methods, procedures, techniques and controls to encourage use of water in the Town for purposes and in amounts, which will yield the greatest possible benefit to the greatest number of people, while promoting, where feasible and appropriate, the conservation of water in particular uses. Such benefits will include economic, social, aesthetic, ecological, agricultural and recreational benefits.

Impact means any alteration or change to the impact area resulting from the construction, modification or expansion of a SWWP, whether beneficial or harmful.

Impact area means that area within the region and the Town which is served or potentially could be served by the existing or proposed SWWP.

Industrial wastewater treatment facility means any facility or group of units used for the pretreatment, treatment or handling of industrial waters, wastewater, reuse water and wastes that are discharged into state waters. The term includes facilities that clean up contaminated ground water or spills; except that such term does not include facilities designed to operate for less than one (1) year or facilities with in-situ discharge.

Major extension of existing domestic water and sewage treatment system means the construction of water storage or an expansion or an upgrade to a water treatment facility or waste water treatment facility which requires issuance of a new permit or modification of an existing permit from the Colorado Department of Public Health and Environment.

Recycling means the treatment of wastewater in a manner that will restore its quality to the water supply standard established by the Colorado Department of Public Health and Environment, where permissible by Colorado water law.

Service area means the primary geographic area to be served by the proposed SWWP.

Significantly degrade means to lower in grade or desirability.

Significantly deteriorate means to make inferior in quality or value.

Site selection means the identification of a specific site located entirely or partially within the Town in which:

(a)

Construction of SWWP is proposed; or

(b)

Expansion or modification of an existing SWWP is proposed.

Special Water or Wastewater Project or SWWP means any proposed development, including all of its components and associated elements, which involves either:

(a)

A domestic water and sewage treatment system; or

(b)

A wastewater treatment facility; or

(c)

A water distribution system; or

(d)

A water treatment facility; or

(e)

A major extension of existing domestic water and sewage treatment system.

A SWWP cannot be segmented to avoid the requirements of these Regulations. If a project is to be phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the development must be considered together when determining whether the project constitutes a SWWP and whether it satisfies these Regulations.

(Ord. 10-14 §3)

(a)

Nothing in this Article shall be construed as exempting an applicant for a 1041 Permit from any other requirements of the Town or other applicable state or federal laws and regulations. In no event shall the approval of a 1041 Permit under this Article be considered a representation by the Town, its staff members or consultants or Town Council that the proposed construction, modification or expansion complies with other applicable federal, state or local requirements, nor shall such approval otherwise give rise to any claim against the Town, its staff members or consultants or Town Council members related to the failure of an applicant to comply therewith.

(b)

To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

(Ord. 10-14 §3)

No person may undertake site selection of a SWWP within the boundaries of the Town without first applying for a 1041 Permit in accordance with the procedures set forth in Article III of these Regulations. The 1041 Permit, if issued, shall be effective only for the period of time specified by the Permit and shall be subject to Article V of these Regulations.

(Ord. 10-14 §3)

Permit applications, notice and conduct of permit hearings, review of Town Council decisions and the issuance of 1041 Permits to engage in the site selection of a SWWP shall comply with the procedures set forth in Articles III and V of the Regulations.

(Ord. 10-14 §3)

In addition to the application materials required by Article III of these Regulations, an application for a 1041 Permit for site selection of a SWWP shall contain the items listed below, in order to be considered complete by the Director.

(a)

The need for the proposed construction, expansion or modification of the SWWP;

(b)

The planned level of service in relationship to projected user demand, both regionally and within the Town;

(c)

The approximate number of residential, commercial or industrial users of the proposed SWWP in terms of existing Town residents and non-Town residents;

(d)

Locations of and engineering drawings for wells, diversion structures, reservoirs, storage structures or other structures or facilities required for the SWWP;

(e)

A description of the proposed capacity of the SWWP, treatment methods and technologies, proposed budget and service area of the SWWP;

(f)

A map of the service area of the SWWP;

(g)

A list of end users and types of land use development to be served by the proposed SWWP;

(h)

A description of proposed methods of ensuring efficient use of water resources, metering of all uses, examination of rate structures to discourage waste and recycling of water for reuse where permissible under Colorado water law;

(i)

A study or report evidencing that the proposed SWWP will supply water of a quality which meets current standards of the Colorado Department of Public Health and Environment;

(j)

Any documents describing the engineering, architecture or design of any impoundment structures associated with the SWWP, whether surface or subsurface, and any appurtenant facilities, including any submittals by the applicant to the office of the State Engineer;

(k)

If applicable, the applicant will attach a copy of the completed or proposed site application form required by the Colorado Water Quality Control Commission;

(l)

Any health and safety hazards, including exposure to hazardous materials, which may result from the siting of the proposed construction, expansion or modification of the SWWP;

(m)

How the proposed construction, expansion or modification of the SWWP and its impacts will conform to the Comprehensive Plan goals, objectives and policies;

(n)

How the proposed construction, expansion or modification of the SWWP and its impacts will conform to any applicable regional and state plans, goals, objectives and policies;

(o)

The increased demand that the SWWP will place on the following public services, both regionally and within the Town: employment, schools, commercial services, health services, police and fire protection, solid waste disposal, storm water collection and release systems, power, communications, other public and quasi-public utilities and other planned public services;

(p)

The costs and benefits to the region and to the Town resulting from the land use commitment necessitated or facilitated by the proposed construction, expansion or modification of the SWWP compared to alternative projected land uses in terms of land suitability, community services, utilities and revenues;

(q)

Local and regional impacts of the proposed construction, expansion or modification of the SWWP on water quality and water resources, including effects on floodplains and wetland values and functions;

(r)

Impacts of the proposed construction, expansion or modification of the SWWP on sensitive, endangered or threatened species and scenic, parks, recreational or other natural resources;

(s)

Impacts of the proposed construction, expansion or modification of the SWWP on the character of adjacent or nearby neighborhoods or development; and

(t)

Evidence that the applicant has provided written notice via certified mail to all property owners within or adjacent to the impact area that the applicant or other entity involved in the construction, modification or expansion of the SWWP anticipates may have a real property interest acquired by the applicant or other such entity through arms' length negotiation or through the exercise of the power of eminent domain.

(Ord. 10-14 §3)

The Director may waive any part but not all of the submission requirements imposed by this regulation upon written petition of the applicant. In considering the requested waiver, the Director shall consider:

(a)

The scope of the SWWP proposal;

(b)

Whether providing the information requested to be waived would be unduly burdensome to the applicant; and

(c)

Whether, without the information requested to be waived, the application contains sufficient information to allow the Town Council to reach a decision on all criteria necessary to issue a permit.

Any waiver granted by the Director shall not preclude the Town Council from requiring the submission of any additional information or materials related to the site selection proposal that Town Council determines is necessary to its review of the 1041 Permit application.

(Ord. 10-14 §3)

The Town Council shall approve an application for a 1041 Permit for a SWWP in the Town of Avon only if the proposed construction, modification or expansion complies with the Regulations, other applicable federal, state and local guidelines and regulations and meets all the following guidelines and requirements:

(a)

All of the provisions of the 1041 Permit application procedure set forth in Article III of these Regulations have been complied with;

(b)

Demographic trends demonstrate a need for the SWWP in order to timely serve existing and future residents and businesses within the Town;

(c)

Desirable local and regional community land use patterns will not be disrupted due to the location of the proposed construction, expansion or modification of the SWWP;

(d)

The construction, expansion or modification of all dams or other impoundment structures required by the SWWP, if any, will comply with engineering requirements specified by the Colorado Water Conservation Board and the Office of the State Engineer.

(e)

The proposed SWWP is not subject to significant risk from earthquakes, floods, fires, subsidence, expansive soils, avalanches, landslides or other natural hazards.

(f)

The proposed SWWP will not present an unreasonable risk of exposure to toxic or hazardous substances within the impact area.

(g)

The proposed SWWP will not significantly deteriorate floodplains, wetlands or riparian areas in the impact area.

(h)

The proposed SWWP will not significantly degrade existing visual quality, noise and vibration levels or odor levels in the impact area.

(i)

The proposed SWWP is technically and financially feasible.

(j)

The proposed construction, expansion or modification of the SWWP will not directly conflict with the Comprehensive Plan or other applicable local, regional and state master plans, including but not limited to storm drainage and flood control plans and storm water quality plans and programs;

(k)

The SWWP promotes the efficient use of water.

(l)

The existing wastewater treatment facilities or water treatment facilities within the Town and which serve the service area must be at or near operational capacity or will be within five (5) years from the date construction of the SWWP is initiated, based on then-current demographic trends.

(m)

The proposed construction, expansion or modification of the SWWP will not increase water pollution levels in violation of applicable federal, state and local water quality control standards and will result in no net loss of wetland values and functions;

(n)

The applicant has the technical and financial ability to develop and operate the proposed project in a manner that is consistent with the permit conditions and the public health, safety and welfare.

(o)

The nature and scope of the SWWP will not compete with existing water or wastewater treatment services or create duplicative services within the Town boundaries.

(Ord. 10-14 §3)

The Town Council shall deny the permit if the proposed construction, expansion or modification of the Special Water or Wastewater Project does not meet all of the criteria set out in Section 7.40.660 of this Article VII.

(Ord. 10-14 §3)

The Town Council, having considered the intensity of current and foreseeable development pressures at a duly noticed public hearing, hereby designates the major facility of a public utility, site selection and construction of major facilities of a public utility, major expansions of major facilities of a public utility and relocation or realignment of major facilities (collectively, "Major Facility Project") as matters of state and local interest.

(Ord. 10-14 §3)

Each Major Facility Project located or proposed to be located within the boundaries of the Town, as the same may change from time to time, shall be subject to this designation and the regulations set forth in this Article.

(Ord. 10-14 §3)

(a)

The purpose and intent of the designation and regulations contained in this Article shall be to:

(1)

Facilitate the local administration of Major Facility Projects by establishing requirements that must be met before a Major Facility Project is approved;

(2)

Prevent direct conflicts with local, regional and state master plans;

(3)

Ensure that Major Facility Projects are compatible with surrounding land uses;

(4)

Ensure that traffic noise, air and water pollution remain at acceptable levels; and

(5)

Protect property values from the potential adverse impacts of Major Facility Projects.

(b)

These regulations and the guidelines and requirements contained herein are adopted in furtherance of the authority set forth in Title 24, Article 65.1, C.R.S., and the Town's home rule powers as authorized pursuant to Article XX of the Constitution of the State of Colorado. To the extent that these guidelines and regulations contain requirements that are more stringent than the requirements of the criteria listed in Section 24-65.1-204, C.R.S., reference is made to the authority set forth in Section 24-65.1-402(3), C.R.S.

(Ord. 10-14 §3)

(a)

The regulations set forth in this Article VIII shall apply to all Major Facility Projects.

(b)

Any person proposing to undertake a Major Facility Project in the Town, whether such Major Facility Project is wholly or partially located within the Town, shall be required to submit an application for a 1041 Permit in accordance with the procedures set forth in the Regulations prior to seeking any other permit or other action by the Town.

(Ord. 10-14 §3)

The following definitions shall apply to this Article:

Major Facilities of a Public Utility means transmission lines, power plants and substations of electrical utilities; and pipelines and storage areas of utilities providing natural gas or other petroleum derivatives.

Site selection means the identification of a specific site located entirely or partially within the Town in which:

(a)

Construction of Major Facility Project is proposed; or

(b)

Expansion or modification of an existing Major Facility Project is proposed.

(Ord. 10-14 §3)

(a)

Nothing in this Article shall be construed as exempting an applicant for a 1041 Permit from any other requirement of the Town or other applicable state or federal laws and regulations. In no event shall the approval of a 1041 permit under this Article be considered a representation by the Town, its staff members or consultants or Town Council that the proposed construction, modification or expansion complies with other applicable federal, state or local requirements, nor shall such approval otherwise give rise to any claim against the Town, its staff members or consultants or Town Council members related to the failure of an applicant to comply therewith.

(b)

To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

(Ord. 10-14 §3)

No person may undertake site selection of Major Facility Project within the boundaries of the Town without first applying for a 1041 Permit in accordance with the procedures set forth in Article III of these Regulations. The 1041 Permit, if issued, shall be effective only for the period of time specified by the Permit and shall be subject to Article V of these Regulations.

(Ord. 10-14 §3)

Permit applications, notice and conduct of permit hearings, review of Town Council decisions and the issuance of 1041 Permits to engage in the site selection of a Major Facility Project shall comply with the procedures set forth in Articles III and V of the Regulations.

(Ord. 10-14 §3)

In addition to the application materials required by Article III of these Regulations, an application for a 1041 Permit for site selection of a Major Facility Project shall contain the items listed below, in order to be considered complete by the Director.

(a)

The need for the proposed construction, expansion or modification of the Major Facility Project;

(b)

The planned level of service in relationship to projected user demand, both regionally and within the Town;

(c)

The approximate number of residential, commercial or industrial users of the proposed Major Facility Project in terms of existing Town residents and non-Town residents;

(d)

Locations of and engineering drawings for structures, facilities, transmission pipes and transmission lines required for the Major Facility Project;

(e)

A description of the proposed capacity of the Major Facility Project, treatment methods and technologies, proposed budget and service area of the Major Facility Project;

(f)

A map of the service area of the Major Facility Project;

(g)

A list of end users and type of land use development to be served by the proposed Major Facility Project;

(h)

A description of proposed methods of ensuring efficient use of water resources, metering of all uses, examination or rate structures to discourage waste and recycling of water for reuse where permissible under Colorado water law;

(i)

Any health and safety hazards, including exposure to hazardous materials, which may result from the siting of the proposed construction, expansion or modification of the Major Facility Project;

(j)

How the proposed construction, expansion or modification of the Major Facility Project and its impacts will conform to the Comprehensive Plan goals, objectives and policies;

(k)

How the proposed construction, expansion or modification of the Major Facility Project and its impacts will conform to any applicable regional and state plans, goals, objectives and policies;

(l)

The costs and benefits to the region and to the Town resulting from the land use commitment necessitated or facilitated by the proposed construction, expansion or modification of the Major Facility Project compared to alternative projected land uses in terms of land suitability, community services, utilities and revenues;

(m)

Local and regional impacts of the proposed construction, expansion or modification of the Major Facility Project on water quality and water resources, including effects on floodplains and wetland values and functions;

(n)

Impacts of the proposed construction, expansion or modification of the Major Facility Project on sensitive, endangered or threatened species and scenic, parks, recreational or other natural resources; and

(o)

Impacts of the proposed construction, expansion or modification of the Major Facility Project on the character of adjacent or nearby neighborhoods or development.

(Ord. 10-14 §3)

The Director may waive any part but not all of the submission requirements imposed by this regulation upon written petition of the applicant. In considering the requested waiver, the Director shall consider:

(a)

The scope of the Major Facility Project proposal;

(b)

Whether providing the information requested to be waived would be unduly burdensome to the applicant; and

(c)

Whether, without the information requested to be waived, the application contains sufficient information to allow the Town Council to reach a decision on all criteria necessary to issue a permit.

Any waiver granted by the Director shall not preclude the Town Council from requiring the submission of any additional information or materials to the site selection proposal that the Town Council determines is necessary to its review of the 1041 Permit application.

(Ord. 10-14 §3)

The Town Council shall approve an application for a 1041 Permit for a Major Facility Project in the Town only if the proposed construction, expansion or modification complies with the Regulations, other applicable federal, state and local guidelines and regulations and meets all the following criteria for review:

(a)

The application complies with all of the provisions of the 1041 Permit application procedure set forth in Article III of these regulations;

(b)

Demographic trends demonstrate a need for the Major Facility Project in order to timely serve existing and future residents and businesses within the Town;

(c)

Desirable local and regional community land use patterns will not be disrupted due to the location of the proposed construction, expansion or modification of the Major Facility Project;

(d)

The proposed Major Facility Project is not subject to significant risk from earthquakes, floods, fires, subsidence, expansive soils, avalanches, landslides or other natural hazards;

(e)

The proposed Major Facility Project will not present an unreasonable risk of exposure to toxic or hazardous substances within the impact area;

(f)

The proposed Major Facility Project will not significantly deteriorate floodplains, wetlands or riparian areas in the impact area;

(g)

The proposed Major Facility Project will not significantly degrade existing visual quality, noise and vibration levels or odor levels in the impact area;

(h)

The proposed Major Facility Project is technically and financially feasible;

(i)

The proposed construction, expansion or modification of the Major Facility Project will not directly conflict with the Comprehensive Plan or other applicable local, regional and state master plans, including, but not limited to storm drainage and flood control plans and storm water quality plans and programs;

(j)

The Major Facility Project promotes the efficient use of natural resources;

(k)

The proposed construction, expansion or modification of the Major Facility Project will not increase water pollution levels in violation of applicable federal, state and local water quality control standards and will result in no net loss of wetland values and functions;

(l)

Existing Major Facilities and associated systems servicing the area must be at or near operational capacity; and

(m)

The applicant has the technical and financial ability to develop and operate the proposed project in a manner that is consistent with the permit conditions and the public health, safety and welfare.

(Ord. 10-14 §3)

The Town Council shall deny the permit if the proposed construction, expansion or modification of the Major Facility Project does not meet all of the criteria set out in Section 7.40.780 of this Article.

(Ord. 10-14 §3)