(a)

Purpose. These design and improvement standards are adopted for the following purposes:

(1)

To protect and to provide for the public health, safety and general welfare of present and future residents of the Town;

(2)

To guide the future growth and development of the Town in accordance with the Avon Comprehensive Plan, adopted area plans such as the West Town Center District Investment Plan, East Town Center District Plan, the Town of Avon Comprehensive Transportation Plan and the Town's adopted policies;

(3)

To ensure provision of adequate public facilities and services for subdivisions;

(4)

To provide for the coordinated development of adjoining properties to the benefit of future residents and the general public; and

(5)

To provide reasonable protection from possible nuisances and hazards.

(b)

Applicability. The following Subsections are applicable to development and construction of improvements as outlined in each Subsection.

(c)

Standards and Specifications.

(1)

All public improvements shall be constructed in compliance with the standards and specifications established by this Section, this Municipal Code and adopted regulations, including all design standards and requirements set forth in the following specifications and design manuals.

(i)

Standard Plans, M&S Standards, CDOT, July 2006.

(ii)

Pavement Design Manual, CDOT, 2009.

(iii)

Trip Generation, 8th Edition Vol. 1, 2, 3, ITE Informational Report, 8th Ed., Institute of Transportation Engineers, 2008.

(iv)

Highway Capacity Manual, Transportation Research Board, National Research Council, Washington D.C., 2000.

(v)

A Policy on Geometric Design of Highways & Streets, 5th Ed., American Association of State Transportation Officials, Washington D.C., 2004.

(vi)

Roadside Design Guide, American Association of State Highway and Transportation Officials, Washington, D.C., 2002.

(vii)

Manual of Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation, Federal Highway Administration, 2009.

(viii)

Stormwater Qualities Facilities, UDFCD Criteria Manual, Volume 3, 1999.

(ix)

Town of Avon Comprehensive Transportation Plan, October 2009.

(x)

Town of Avon Master Drainage Study, May 1994.

(xi)

Drainage Criteria Manual, Vol. 1, 2, and 3, Urban Drainage and Flood Control District, 2008.

(xii)

Eagle Valley Regional Trails Plan, Eagle County, December 2001.

(xiii)

Recreation Trails Master Plan, February 2009.

(2)

The standards in this Section are minimum standards. The Town may impose more restrictive standards when it finds that they are necessary for the design of a proposed development to conform to sound engineering practices, design standards or other standards in this Development Code.

(3)

No developer shall be relieved of the duty to construct public improvements for the development until all public improvements are constructed, approved and accepted by the Town Engineer.

(4)

The developer shall submit plans, profiles and specifications for the construction of all public improvements for which no specifications or standards are established by the Town. Such plans, profiles and specifications shall be prepared and authenticated over the seal of a professional engineer, duly licensed to practice in Colorado.

(5)

A developer may, upon Town approval, construct public improvements to standards higher than the Town's specifications for the design and construction of roadways established by the Town Engineer. Before the Town approves such higher standards, the developer shall submit maintenance plans relating to such public improvements.

(6)

The Town Engineer may require that a development conform to a phasing schedule based upon the scheduled availability of infrastructure to serve the subdivision. A phasing plan shall be submitted for approval at the time of application for preliminary plan and made a condition of that approval or subdivision improvement agreement.

(d)

Compliance With Other Provisions of This Code. All subdivisions shall comply with all other applicable zoning, design and development regulations set forth in this Development Code, including but not limited to:

(1)

The requirements of the zoning district in which the property is located (Chapter 7.20); and

(2)

Generally applicable development and design standards (Chapter 7.28).

(Ord. 10-14 §3)

(a)

Applicability. The regulations of this Subsection shall apply to all development and all subdivision applications.

(b)

Name of Subdivision. The title under which the subdivision will be recorded shall not duplicate the name of any existing subdivision in the County.

(c)

Compliance with Development Code. All subdivisions must be designed to create legal building sites meeting all applicable requirements of this Development Code and the applicable zone district.

(d)

Natural Hazard Areas. Land subject to hazardous conditions, such as landslides, mud flows, earth subsidence, rock falls, snow drifts, possible mine subsidence, mine shafts, shallow water table, open quarries, floods and polluted or nonpotable water supply, shall be identified and shall not be subdivided until the hazards have been mitigated or will be mitigated by the subdivision and construction plans. The use of building envelopes shall be used to avoid unmitigated hazards and areas with unmitigated hazards shall be platted as open space.

(e)

Adjoining Subdivisions. A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way, utility and drainage easements, open space and pedestrian/bicycle paths.

(f)

Lots.

(1)

Floodplains. No residential lot or parcel intended for residential or nonresidential occupancy shall include any land included within the one-hundred-year floodplain, as determined by the Town Engineer. Lot layout shall be in conformance with Subsection 7.28.100(d), Flood Damage Prevention.

(2)

Conformity With Residential Design Standards. All lots created for single-family residential development are required to meet all adopted residential design requirements of Subsection 7.28.090(d) and Subsection 7.20.090(f) that are applicable to the development.

(3)

Commercial and Industrial Lots. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping or planting area and loading areas required by the type of use and development contemplated as described in Subsection 7.28.090(j), Mixed-Use and Nonresidential Design Standards.

(4)

Multiple Frontage and Flag Lots:

(i)

Double frontage lots shall not be permitted adjacent to local streets and should be avoided where practicable along collector and arterial streets.

(ii)

Triple frontage lots and flag lots are prohibited, unless special consideration by the Planning and Zoning Commission allows for their placement. Where permitted, flag lots shall have a minimum width of thirty (30) feet at the property frontage.

(5)

Buildable Area. Every lot must have a buildable area large enough to be consistent with the zoning for the lot. The buildable area should be located to avoid natural hazard areas, critical wildlife habitats and the floodplains unless properly mitigated. The buildable area for each structure shall be no smaller than two thousand five hundred (2,500) square feet and have a minimum dimension greater than twenty-five (25) feet wide.

(6)

Access to Public Streets. All lots shall have access to a dedicated public street. If the plat provides for indirect access (i.e., over intervening private drives), access easements benefitting all lots with indirect access shall be provided and recorded before any building permit is issued for a lot with indirect access. Indirect access to single-family detached subdivisions from public streets may be provided by means of a court drive as described below.

(Ord. 13-09 §2; Ord. 10-14 §3)

All streets shall comply with the requirements and standards set forth in Section 7.28.040, Mobility and Connectivity, in addition to the following:

(a)

Purpose. The purpose of this Section is to construct public roadway infrastructure that is safe, efficient, durable and meets all applicable standards and goals of the Town.

(b)

Applicability. This Section is applicable to any development creating or modifying public or private rights-of-way.

(c)

Compliance with Town Specifications Required. All new streets within a subdivision shall be publicly dedicated and constructed in accordance with the Avon Comprehensive Transportation Plan and the specifications described in Subsection 7.32.010(c), Standards and Specifications.

(d)

General Street Design Considerations. Any new streets should be designed in relation to existing or planned streets, to topographic conditions, to public convenience and safety and in relation to the proposed use of land to be served. Streets shall be extended to connect with existing roads, except where such extension is prevented by topography or other physical conditions or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties.

(e)

Traffic Calming. Where appropriate, as identified by the Town Engineer and as identified in the Avon Comprehensive Transportation Plan, traffic calming measures shall be incorporated into roadway design.

(f)

Private Streets. Only as approved by the Town Engineer.

(g)

Neighborhood Street. Neighborhood streets are local, residential streets designed for speeds below twenty (20) miles per hour (mph). They will give prominence to pedestrians and bicycles. On-street parking is encouraged, while through traffic or large truck traffic is prohibited. The lane width shall be between nine (9) and ten (10) feet in width.

(h)

New Street Classifications. All streets within a proposed subdivision shall be classified by the Town Engineer as either arterial, collector, local or cul-de-sac pursuant to the Avon Comprehensive Transportation Plan.

(i)

Street Intersections:

(1)

No more than two (2) streets shall intersect at one (1) point.

(2)

Streets shall intersect at ninety (90) degrees, except where this may be impractical. Angles of less than ninety (90) degrees may be designed, subject to the approval of the Town Engineer.

(3)

Two (2) streets meeting a third street from opposite sides shall meet at the same point or their centerlines shall be offset at least three hundred (300) feet. This requirement shall not apply to the alignment of opposing cul-de-sac streets, provided that the cul-de-sacs are one hundred (100) feet long or less.

(j)

Rights-of-Way:

(1)

Subdivision Requirements. All public rights-of-way planned and constructed as part of any development shall be subdivided and dedicated to the Town on the final plat. All private rights-of-way shall be similarly subdivided and dedicated to the entity responsible for ownership and maintenance of the right-of-way. The entity must demonstrate to the Council that it has adequate funding for the operation and maintenance of roads in perpetuity.

(2)

Required Minimum Widths. Right-of-way widths shall be designed as described in the Avon Comprehensive Transportation Plan and shall incorporate all infrastructure, including road, on-street parking, sidewalks, cut/fill slopes, bike facilities and utilities. Easements shall be provided for snow storage for the roadway, utilities, drainage and all other associated infrastructure.

(3)

Right-of-Way Widths for Cut and Fill Slopes:

(i)

Right-of-way widths shall be increased as necessary to include all cut-and-fill slopes required for road construction and maintenance.

(ii)

In calculating this width, all slopes will be calculated at the rate of two (2) feet horizontal to one (1) foot vertical, except in those cases where adequate engineering reports are submitted by the applicant to assure the Town Engineer that the back slopes will be stable at steeper slopes.

(iii)

In areas of unstable soils, additional slope protection shall be provided for, as indicated by a soils engineer.

(k)

Roadway Widths. Roadway widths will be designed and constructed in accordance with the Avon Comprehensive Transportation Plan. In addition, minimum channelization and on-street parking may be required by the Engineering Department.

(l)

Grades, Curves and Sight Distance:

(1)

Design Requirements. Grades, curves and sight distances shall be subject to approval of the Town Engineer to assure proper drainage and safety for vehicles and pedestrians. The following table establishes minimum design criteria:

Table 7.32-1
Grades, Curves and Sight Distances

(m)

Cul-de-sacs. The overall length of a cul-de-sac from the intersection with another street or road to the radius point of the turnaround shall not exceed one thousand (1,000) feet. No cul-de-sacs will service more than twenty (20) residential units. Cul-de-sacs will be allowed only in those cases where it can be adequately assured that the roads will be passable year-around by virtue of minimum grades and curvature, adequate parking and snow removal. Each cul-de-sac shall have a minimum of a thirty-six-foot paved radius roadway bulb at the dead end. Cul-de-sacs shall also meet all other provisions in this Code with regard to mobility and connectivity.

(n)

Roadway Structural Section:

(1)

All streets and roads shall be laid out and constructed by the developer at his or her expense. Roadway construction shall be in accordance with such regulations as promulgated by the Town Engineer.

(2)

Pavement structural sections shall be designed by a registered soils engineer to withstand the loads anticipated on the subgrade material present. At a minimum, all streets shall be designed to the CDOT Pavement Design Manual.

(3)

The developer shall submit complete construction specifications to the Town for approval as a part of the public improvement construction plan submittal. The specifications shall cover all work involved, including but not limited to stripping and grubbing, excavation and embankment, compaction, base and surface course, installation of drainage facilities, reseeding and sign installation, and shall include material and method specifications.

(o)

Bridges. It shall be the responsibility of the developer to construct, reconstruct or repair all bridges within any proposed subdivision to meet the following minimum requirements:

(1)

Sufficient strength to accommodate an AASHTO HS-20 live load;

(2)

Provide a width equal to or greater than the approved driving surface, plus four (4) feet;

(3)

Adequate pedestrian and bicycle facilities, including walkways, bicycle lanes, handrails and lighting;

(4)

Hydraulic capacity to pass the maximum one-hundred-year probable flow as determined by the drainage study without excessive inundation, velocities or alteration of the one-hundred-year flood elevation. The one-hundred-year probable flow must be passed with a minimum of three (3) feet of elevation to the bottom of the bridge structural elements;

(5)

Roadway approach grades and curvatures to approach safe sight distance; and

(6)

Adequate channel and wingwalls to protect approach roadway fill.

(p)

Street Names. Names of streets shall be subject to the approval of the Town Council and shall be consistent with the following criteria:

(1)

Names shall relate to one (1) or more of the following:

(i)

The history of the State, the Town and the area, including persons associated with that history;

(ii)

Skiing and the history of skiing;

(iii)

Local flora and fauna;

(iv)

Local geography, including creeks, lakes and mountain peaks; and

(v)

The American West, particularly including farming, mining, ranching and Native American culture.

(2)

Names of living persons are prohibited.

(3)

Names shall be consistent with the surrounding area so as to avoid duplication with names of other streets in the Town and adjacent subdivisions of unincorporated Eagle County.

(4)

All street names are subject to approval by local and regional emergency service providers.

(q)

Railroad Crossings. The developer shall be required to obtain all permits and necessary forms and perform all work required by the Public Utility Commission in the event any portion of the subdivision involves a railway crossing.

(r)

Guardrails. Guardrails shall be installed at bridges, at bridge approach sections, on the outside of sharp-radius curves or at other locations specified by the Town. The design of guardrails shall be as outlined as a Type-3 W Beam guardrail made from core-ten steel as approved by the Colorado Department of Transportation, or equivalent construction.

(s)

Soil Compaction. Soil compaction shall be required for fill of all roadway construction and utility lines (including utility service connections) within highway or street rights-of-way. The compaction shall be ninety-five percent (95%) Standard Proctor density, ASTM D-698, and adhere to CDOT minimum testing frequencies. Third-party quality assurance may be required at the discretion of the Town Engineer.

(t)

Service Connections. All utility service connections shall be stubbed out from the main utility line to the right-of-way line prior to paving.

(u)

Deviation. Deviations from Table 7.32-1 may be granted by the Town Council upon satisfactory demonstration of need, with adequate design to minimize the effects of any variance granted.

(1)

All design and construction other than the specifically varied standard shall incorporate other standard highway design considerations, such as crowns, super elevation and spiral transitions.

(2)

Vertical curves shall be used in all cases where the change in grade exceeds one and one-half percent (1.5%).

(Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to provide for the planning, layout, construction and maintenance of recreational trails to provide for a safe and efficient network of regional and local trails for the enjoyment of Avon's residents and visitors.

(b)

Applicability. The following standards shall apply to any trails or paths required by the Town through the development approval process. For standards not specifically listed here, the design, layout and construction details in the Avon Recreational Trails Master Plan, Avon Comprehensive Transportation Plan or Eagle Valley Regional Trails Plan shall apply. These standards are not inflexible and may be modified through the Alternate Equivalent Compliance process in Section 7.16.120, Alternative Equivalent Compliance, if different design or materials can be shown to provide better performance and or environmental sensitivity.

(c)

Minimum Width. The minimum recommended width of a trail or path is ten (10) feet, with two (2) feet of clear area, graded for drainage on each side of the trail and surfaced with aggregate base course. See the Eagle Valley Regional Trails Plan for additional standards on width. The minimum width may be reduced to a total of ten (10) feet in limited circumstances where the twelve-foot total width is not feasible, as determined by the Town Engineer. Additional trail width may be required in certain instances, e.g., Eagle County Core Trail and other instances as determined by Town Engineer.

(d)

Minimum Surfacing. The minimum surfacing shall be three (3) inches of asphalt over six (6) inches of compacted aggregate base course over a well-compacted subgrade. Concrete is acceptable as surfacing and may be required for trails that will be accepted for maintenance by a public agency, particularly for areas prone to flooding, erosion or unstable soils. Concrete trails shall have a minimum thickness of four (4) inches of three thousand (3,000) point psi concrete over six (6) inches of compacted aggregate base course. The extent of paved trails necessary to service a proposed development and link with adjacent trails systems will be determined through the development process.

(e)

Grades. One percent (1%) to two percent (2%) maximum grade is recommended. Sections over five percent (5%) grade and under five hundred (500) feet long may be acceptable if wider trail width provided. Ten percent (10%) is the maximum allowed in very short distances of trail, as determined by the Town Engineer.

(f)

Drainage. Sloping a trail in one (1) direction at an optimum of two (2) or up to five percent (5%) on curves is preferred over crowning to provide drainage. Hillside trails shall incorporate drainage swales on the uphill side to intercept downhill drainage. Catch basis and culverts may be necessary as determined by the Town Engineer. Drainage structures, such as grates and covers, shall be located off of the trail.

(g)

Trail Easement. All trails that will become part of the Town trail system or county regional trail system, as determined through the development process, or that maintain, replace or create trail connections to public land shall be platted as public easements, unless located and approved in the public road right-of-way. Easements shall be dedicated to the Town or County, as determined by the Town Engineer, for use by the public.

(h)

Public Improvements. Trails or paths shall be considered public improvements and shall be guaranteed, constructed and subject to terms and conditions of the other public improvements in the development.

(i)

Public Lands Access. As part of any development proposal that is adjacent to public lands, existing trail connections to public lands shall be maintained or replaced. Creation of new public lands access is recommended, where appropriate. Paved surfacing is not recommended for this type of trail, but subject to review through the development process.

(j)

Private Trails. Trails that are contained within a subdivision and are for the exclusive use of its residents shall be designed in accordance with these criteria, with the exception that width of path may be reduced if the Town Engineer determines that with a combination of trails and attached sidewalks, adequate pedestrian facilities will be provided.

(k)

Maintenance. All trail infrastructure constructed as a public or private improvement must have maintenance responsibilities assigned to a public or private entity in perpetuity. Maintenance arrangements shall be determined in the development plan, development agreement, final plat or other separate recorded maintenance agreement.

(Ord. 10-14 §3)

(a)

Purpose. Land development, particularly increased impervious surface area, has been shown to degrade water quality and alter natural hydrology. The standards of this Section are intended to minimize the likelihood and extent of flooding and environmental damage from uncontrolled urban runoff.

(b)

Applicability. These standards shall apply to any commercial or industrial development, any proposed subdivision or PUD, proposed development within one hundred (100) feet of a water body and to any other development creating ten thousand (10,000) square feet or more of impervious surface area.

(c)

Standards. Stormwater runoff from all proposed development shall be managed so as to comply with the following standards: (1) no direct discharge; (2) minimize directly connected impervious areas; (3) detain and treat run-off; (4) conveyance of one-hundred-year storm flow; and (5) other techniques. The appropriate technique shall be determined by the Town Engineer based on the location and capabilities of the site.

(1)

No Direct Discharge. Stormwater discharge shall comply with one (1) of the following management options:

(i)

Vegetated Surface. Sheetflow across at least one hundred (100) feet of stable, vegetated surface prior to discharge to any natural water body or flow in one hundred (100) feet of non-erosive grass channels;

(ii)

On Site Treatment. On-site treatment of stormwater by use of best management practices designed to detain and infiltrate the runoff and approved as part of the drainage study (See Subsection 7.32.050(d), below.) prior to discharge to any natural water body; or

(iii)

Structure. Discharge to a stormwater conveyance structure, designed to accommodate the projected additional flows from the proposed project, with treatment by a best management practice prior to discharge into any natural water body.

(2)

Minimize Directly Connected Impervious Areas. The extent of directly connected impervious areas shall be minimized by having runoff from fifty percent (50%) of all developed impervious surfaces (rooftops, parking lots, sidewalks, etc.) drain over grass buffer strips before reaching stormwater conveyance systems. The fifty-percent requirement may be reduced if the outflow from the grass filter strip is directed to other stormwater treatment methods.

(i)

Examples. Examples of other potential techniques to be used in conjunction with grass buffer strips are: infiltration devices; constructed wetlands; sand filters; replacing curb and gutter systems with low-velocity grass-lined swales; and over-sizing swales, ditches and culvert crossing (such as driveway intersections) to provide additional detention storage.

(ii)

Slope. The maximum allowable slope for developed land surfaces that drain to grass buffer strips is ten percent (10%). The slope of the vegetative buffer strip itself should be no greater than five percent (5%) and should be of a uniform gradient to ensure evenly distributed sheet flows. Terracing and retaining wall construction may be required if necessary to maintain allowable slopes.

(iii)

Formula. The design width or distance along the sheet flow direction shall be the greater of the following:

Width = 8.0 feet/(0.2*L)

Where L equals the length of the flow path of the sheet flow over the upstream impervious surface.

(3)

Detain and Treat Run-off. Permanent stormwater detention facilities shall be designed to: (a) treat stormwater for pollutant removal; (b) reduce peak flows to historic levels and minimize extreme flooding; and (c) prevent erosion of downstream channels. Detention facilities shall be designed to comply with the following standards:

(i)

Pollutant Removal. Removal of pollutants shall be accomplished by providing ninety percent (90%) trap efficiency for particles 0.005 mm in diameter or larger from the two-year storm as described in the Avon Drainage Master Plan and designed as required by the UDFCD Criteria Manual, Volume 3, Stormwater Quality Facilities. The design storm duration shall be determined by the Town Engineer. For drainage from parking lots, vehicle maintenance facilities or other areas with extensive vehicular use, this standard may require the use of a sand and oil grease trap or similar practice (e.g., constructed wetland, extended detention with no initial release, etc.).

(ii)

Peak Flow Reduction. Peak flow reduction shall be accomplished by limiting detention pond release rates to historic (undeveloped) peak flows for all storms up to and including the one-hundred-year event, with the design storm to be determined by the Town Engineer. In determining runoff rates, the entire area contributing runoff must be considered, including any off-site contribution. Off-site contributions shall be based on the fully developed potential based upon proposed land uses. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must provide for the safe passage of the one-hundred-year storm event.

(iii)

Downstream Channels. Channels downstream from the discharge of stormwater shall be protected from increased channel scour, bank instability and erosion and sedimentation from the one-hundred-year design storm. The use of natural drainage ways as receiving streams is required unless it can be shown that no alternatives to changing natural drainage locations exist.

(4)

Conveyance of One-Hundred-Year Storm Flow. All applications for any land development listed in Subsection 7.32.050(b), Applicability, shall include design provisions for the overland conveyance of the post-development one-hundred-year storm flows through the site without damage to any public or private property.

(5)

Other Techniques. Other techniques, not specifically identified, may be considered for implementation subject to the approval of the Town Engineer.

(6)

Maintenance. All drainage facilities and infrastructure require regular and proper maintenance for continued effectiveness in managing the quality and quantity of stormwater. All development proposing stormwater infrastructure must have a maintenance plan determined as part of the development agreement, final plat or separate maintenance agreement. Maintenance must be assigned to a public or private entity in perpetuity. Failure to maintain stormwater infrastructure may cause the Town to maintain the infrastructure and bill the property owner for its resources and will be considered a violation of this Development Code.

(7)

Debris Flow. All drainage calculations shall include a bulking factor for debris flow, and all drainage infrastructure must accommodate anticipated debris flows in development locations as determined by the Town Engineer.

(d)

Drainage Study Required. The developer shall be responsible for submitting a drainage plan for the development in strict conformance with the Avon Master Drainage Study.

(e)

Drainage Structures. Drainage structures are defined as all facilities necessary to control the direction, depth and velocity of water flow within a proposed subdivision.

(1)

Design of Drainage Structures:

(i)

Drainage structures shall be designed by a registered professional engineer licensed in the State who is qualified in the fields of hydrology and hydraulics and shall be approved by a registered professional engineer licensed in the State. They shall be designed to prevent heavy sedimentation within or erosion of channels, overtopping of channels and damage to the structure. Drainage structures shall be designed in a manner that will not adversely affect adjacent property in any of the following manners:

(A)

Relocation of the point where channels cross the boundary line of the subdivision.

(B)

Increasing the depth of flow or velocity at the point where channels cross the boundary line.

(ii)

Drainage structures shall be adequately described and detailed. This may require field surveys to define cross-section, profiles and computation of backwater curves.

(iii)

Culverts shall be designed and detailed to show the size, length, slope and headwater depth at a maximum flow.

(2)

Roadways Designed as Drainage Structures:

(i)

All roads shall be designed to ensure that they will remain open to vehicular, bicycle and pedestrian traffic during periods of runoff anticipated from a one-hundred-year frequency storm.

(ii)

Roadways shall be designed in a manner that will ensure that major damage will not result from runoff from a one-hundred-year frequency storm.

(f)

Drainage Easements. Drainage easements shall be provided for all permanent and seasonal watercourses, shall be in accordance with the approved drainage study and drainage plan and shall meet the requirements of this Section.

(Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to provide for the proper layout, design and installation of utilities to serve subdivided land parcels, including main lines and service connections for shallow and deep utilities and easements.

(b)

Applicability. This Section is applicable to all commercial, industrial or residential development that requires the creation of new utilities or modifications to the existing utility network. Existing platted lots shall demonstrate adequate utility service. If existing utility service is inadequate for the proposed development, the developer shall upgrade utilities at his or her sole expense to the satisfaction of the Town and applicable utility providers.

(c)

Developer's Responsibility. It shall be the developer's responsibility to coordinate design of the utilities systems with the appropriate utility company during the preliminary design stage. Service letters must be submitted to the Town approving the preliminary design before the subdivision application will be scheduled for approval by the Town Council.

(d)

Utility Plan. Final plat submittal shall include a utility plan showing construction location of all utilities and utility easements. All utility providers must approve of construction plans prior to final plat approval. Utilities shall be sized for eventual full build-out of the development and shall facilitate future connections for phased projects.

(e)

Underground Utilities. Underground distribution of gas (if available), electrical power or communication lines are required and a description of the system or systems shall be shown. Water and sewer utilities shall be designed and constructed in accordance with Section 7.32.070, Water Supply and Sewage Disposal.

(f)

Utility Plans.

(1)

Submission of Preliminary Plan to Utility Providers. Prior to review by the Town Council, the developer shall submit a preliminary subdivision plan to all applicable utilities for their input as to where easements will be required by their particular utility and easements shown for the needs of the various utilities. Letters from utility providers approving preliminary plans are required before application can be scheduled for review.

(2)

Easements Required:

(i)

Acceptable easements shall be provided according to utility design requirements as identified by the individual utilities.

(ii)

The minimum acceptable utility easement allowed is fifteen (15) feet. Larger easements may be required with multiple utilities within the easements.

(iii)

Water, sewer and storm sewer easement minimum width is twenty (20) feet.

(iv)

No buildings or any portion thereof, above or below grade, can encroach into an easement.

(g)

Irrigation Ditches. Irrigation ditch easements shall be provided for all irrigation ditches crossing the proposed subdivision, unless the developer can prove conclusively that they have been legally abandoned. Irrigation ditch easements shall be of a width equal to the average ditch width plus twenty (20) feet, or as otherwise recommended by the ditch owner and as approved by the Town Council.

(h)

Utility Construction. The developer shall construct all utilities and public improvements. Approval from individual utility providers must be submitted to the Town prior to acceptance of public improvements.

(Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to ensure proper layout, design, construction and operation of water and sewer infrastructure and its tie-in to the regional system.

(b)

Applicability. This Section is applicable to all development creating or modifying new or existing water and sewer infrastructure, excluding service connections to existing infrastructure.

(c)

Approval Authority. All water and sewer systems shall be incorporated into the Upper Eagle Regional Water Authority and the Eagle River Water and Sanitation District, respectively, and shall be approved by the same. The Town Council has final approval authority over the type of water and sewer systems allowed for any type of development.

(d)

Plan Required. On a plan supplemental to and at the same scale as the preliminary plan map, the plan for water supply and sanitary sewage disposal shall be depicted.

(e)

Water Supply.

(1)

Required. Water supply shall be available or made available to all lots platted. The water system, as proposed, and the availability of the water sources shall be explained and certified by a registered professional engineer licensed in the State, and an attorney, if necessary, shall substantiate water rights. A final court decree of adjudicated water rights for adequate quantity and use shall be a prerequisite of a final plat approval if identified as necessary by the preliminary plan approval or a water supply agreement between the developer, Town and the authority that ensures adequate water rights and supply.

(2)

Service Letter. The developer shall be required to make application to the Upper Eagle Regional Water Authority (UERWA) for water service and a conditional capacity to serve the letter at preliminary approval and an ability to serve the letter or water service agreement at final plat from the UERWA. The developer is required to obtain approval from UERWA and the Town at each stage of the approval process.

(3)

Design:

(i)

Water supply, treatment and distribution facilities must be provided in conformance with the requirements of the Colorado Department of Public Health and Environment, UERWA and the Town Engineer.

(ii)

The adequacy of water supply for any proposed system shall be calculated on total development of the subdivision served following standard engineering practice based on per capita water usage for residential uses less than three thousand (3,000) square feet per unit and based on engineering calculations for other uses. Infrastructure capacity calculations must be approved by the Town and UERWA and must be derived from peak demand, storage and fire protection requirements, with the last-named requirement related to location and character of the subdivision.

(iii)

Construction of facilities may be phased concurrent with the construction of the development per the approval of Town of Avon, UERWA and ERFPD.

(iv)

Unless otherwise approved by the Town Council, an adequate supply of water storage facilities, hydrant spacing, water main size and other related systems shall be shown to comply with the International Fire Code currently adopted and in effect.

(4)

Design Review. Design submitted with the preliminary plan shall be of a preliminary engineering level sufficiently detailed to permit accurate cost estimates, utility systems and capacity modeling. Complete construction plans and specifications shall be submitted with the final plat.

(f)

Sanitary Sewage Disposal.

(1)

Service Letter. The developer shall be required to make application to the Upper Eagle River Water and Sanitation District (ERWSD) for sewage service and a letter from the district approving this service shall be required.

(2)

Design and Construction:

(i)

The design and construction of the sanitary sewer system must be in conformity with the regulations of the Colorado Department of Public Health and Environment and ERWSD and must be approved by that Department and by the Town Engineer.

(ii)

Collection sewers shall be designed and provided to service each lot.

(iii)

Capacity of the system shall be calculated on total development of the subdivision served following standard engineering practice based on per-capita water consumption for residential uses less than three thousand (3,000) square feet and calculated peak demand for other uses.

(iv)

Construction of facilities may be on a phased basis concurrent with the construction of the development and per the approval of Town Engineer and ERWSD.

(3)

Design Review. Design of any proposed sewage collection and treatment system may be of a feasibility or schematic level at the sketch plan state. Design submitted with preliminary plat shall be of a preliminary engineering level sufficiently detailed to permit accurate cost estimates. Completed construction plans and specifications shall be submitted with the final plat.

(4)

Administration. All new development must connect to the regional sanitary sewer system maintained and administered by the ERWSD.

(Ord. 10-14 §3)

(a)

Purpose. It is declared to be the policy of the Town that, whenever there is an annexation of property into the Town for residential development purposes or a proposed increase of residential use resulting from rezoning a property or an amendment to a planned unit development, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this Section to require the dedication of land or the payment of fees in lieu thereof directly for the benefit of the school children of the Town.

(b)

Applicability. This Section is applicable to all annexations to the Town.

(c)

School Land Dedication or Cash In Lieu Thereof.

(1)

Dedication Formula. Whenever an annexation of land occurs for residential subdivision, the owner shall allocate and convey school sites to the Town when they are reasonably necessary to serve the proposed subdivision and future residents thereof by the application of the formulas set forth below:

(i)

Single-family and duplex or primary secondary: Number of units x .014495 = dedication requirement in acres.

(ii)

Multi-family: Number of units x .002676 = dedication requirement in acres.

(2)

Conveyance. The Town shall convey any school sites or site to the Eagle County School District RE 50J ("the school district") or to a public charter school (collectively referred to as "School"), subject to the following conditions: (a) the school site shall be subject to restrictive covenant requiring the School to comply with all building, zoning, design and other regulations of the Town; (b) the School shall have final designs for construction of a school facility which has been approved by the Town; (c) the School shall provide evidence of sufficient financing to complete construction of the school facility; and (d) the deed conveying the school site shall be a fee simple determinable that requires the property to revert to the Town of Avon in the event the school facility is not constructed or in the event the school site is not used for educational school facility purposes. Upon determination by the Council, with recommendations from schools serving the Avon community, that any school site is not reasonably necessary to serve the proposed subdivision and future residents thereof, the same may be used for municipal purposes.

(3)

Cash-in-Lieu. When sites for schools are not reasonably necessary to serve the proposed subdivision and future residents thereof or when the size of the proposed school site dedication produced by the applicable formula is impractical, the Town, with recommendations from schools serving the Avon community, may accept and require cash-in-lieu of dedication of land for school site.

(4)

Use of Funds. Any cash-in-lieu payments received shall be placed into a separate account to be used exclusively for school facility capital improvements ("School Facility Capital Improvements Funds"). The expenditure of funds from the School Facility Capital Improvements Funds shall be determined by the Council with recommendations from the schools serving the Avon community, but in any event, such funds may only be used for capital improvement of educational facilities, including acquisition of school site lands, which serve the Avon community students.

(d)

Application. This Section shall apply only to land annexed to the Town after February 1, 1994, and rezoning and amendments to planned unit developments approved after November 16, 2010. The Town Council finds and determines that adequate school sites have been dedicated to serve all land located within the Town as of February 1, 1994.

(e)

Town Exempted. The Town is exempted from the requirements of this Section.

(Ord. 10-14 §3)

(a)

Purpose. This Section is intended to regulate the development, preservation and maintenance of parks, open space and trails throughout Avon. Parks, open space and trail regulations are intended to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits and generally enhance the quality of life for Avon residents. Particular emphasis should be placed on providing a diversity of parks, trails and open space opportunities that serve residents of all ages and abilities and that are accessible from a variety of locations within the community.

(b)

Applicability.

(1)

Whole Units. Any person offering a rezoning, preliminary plan and/or major subdivision final plat for development of any area zoned and to be used for single-family, duplex or multi-family residential purposes, including mixed-use developments, in the Town shall be required to dedicate: (1) a portion of land toward a community goal of eight and two-tenths (8.2) acres of park land per one thousand (1,000) residents; or (2) pay a cash-in-lieu thereof pursuant to Subsection (h),below.

(2)

Accommodation Units. Accommodation units shall be required to dedicate park land or pay a fee-in-lieu as described in this Section and shall be calculated as thirty-five hundredths (0.35) of a whole unit.

(c)

Amount of Park Land to be Dedicated.

(1)

The amount of park land dedicated shall not be less than eight and two-tenths (8.2) acres of park or open space land per one thousand (1,000) residents of the development unless the Planning and Zoning Commission makes an individualized finding that supports an alternate dedication requirement. Any such alternate dedication requirement shall be reasonably related to the impacts upon the Town's parks and recreation system that will be generated by the residents and users of the subject development. The following formula may be used as a general guideline for determining the amount of land to be dedicated:

8.2 acres x (number of units) x (persons
per unit)/1000 = area to be dedicated

(2)

The distribution of this land shall be as follows:

(i)

Pocket Parks: two (2) acres per one thousand (1,000) residents.

(ii)

Neighborhood Parks: six and two-tenths (6.2) acres per one thousand (1,000) residents.

(3)

The Director shall determine the number of persons per unit based upon data compiled by the Town from time to time in the update of its Comprehensive Plan. This data shall be reviewed and adjusted by the Director as necessary to reflect current figures. The calculation shall be based on full occupancy of all units.

(4)

The developer shall submit with each subdivision plat for multi-family or mixed-use residential development information concerning the number of units. Should the developer fail to do so, the Director shall assume the highest density allowed in the applicable mixed-use or multi-family residential district.

(d)

Characteristics of Park Land to be Dedicated.

(1)

Standard Criteria for Pocket Parks and Neighborhood Parks. To the maximum extent practicable, park land to be dedicated shall be consistent with the following standard characteristics of parks:

(i)

Pocket Parks. Pocket parks provide opportunities for passive outdoor recreation at a sub-neighborhood scale. Pocket parks shall be located within one-quarter (¼) mile of the residences they are intended to serve and may include lawn areas, picnic shelters and tables, play equipment, artwork or other amenities that are appropriate for the demographics and types of activities that the neighborhood may desire. Pocket parks shall be:

(A)

One quarter (¼) acre to two (2) acres in size;

(B)

Centrally located within or to neighborhoods served;

(C)

Bordered on at least two (2) sides by public streets to provide easy public access, visual surveillance and parking; and

(D)

Accessible from the surrounding neighborhoods using sidewalks and/or trails.

(ii)

Neighborhood Parks. Neighborhood parks shall provide places for informal recreation and gathering places within approximately one-half (½) mile from most residences being served. Neighborhood parks may include multi-use lawn areas, picnic areas, playground equipment, small court games, community gardens and playing fields and facilities as appropriate. Neighborhood parks shall be:

(A)

A minimum size of seven (7) acres;

(B)

Centrally located within or adjacent to the neighborhoods served;

(C)

Bordered on at least two (2) sides by public streets to provide easy public access, visual surveillance and parking; and

(D)

Accessible from surrounding neighborhoods by sidewalks and/or trails.

(e)

Additional Criteria for Park Land Dedications. Except as otherwise required by the Planning and Zoning Commission at the time of preliminary plat approval or by the Town Council on acceptance of the dedication, all dedications of land under this Section shall meet the following criteria. These criteria should be considered general guidelines to ensure that dedicated land is suitable for park development.

(1)

Aggregate Parcel. The dedicated park land shall form a single parcel of land, except where the Planning and Zoning Commission determines that two (2) or more parcels or trails would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In such cases, the Planning and Zoning Commission may require that such parcels be connected by a dedicated strip of land at least thirty (30) feet in width.

(2)

Usability. At least fifty percent (50%) of the dedicated land required by this Section shall be well-drained, level and suitable for playing fields and recreational facilities. No part of such fifty percent (50%) shall be within any designated flood plain or floodway of the Town. Drainage areas may be accepted if the recommended channel improvements, walkways, landscaping and irrigation systems are constructed in accordance with Town standards and conform to the Avon Comprehensive Plan.

(3)

Connectivity. All dedicated land shall, to the maximum extent feasible, be linked to parks, open space and trails or adjacent parcels to form a connected system throughout Avon.

(4)

Water Rights. Water rights sufficient to irrigate and serve the intended uses of the dedicated park land shall be transferred to the Town simultaneously with the park land dedication.

(5)

Cemeteries. Council may allow acceptance of public cemeteries to meet this criteria.

(6)

Areas not Eligible. Lands within the following areas shall not be accepted for park land dedication:

(i)

Private yards;

(ii)

Public or private streets or rights-of-way not intended for park, open space or trail-related purposes;

(iii)

Open parking areas and driveways for dwellings not intended for park, open space or trail-related purposes;

(iv)

Streets;

(v)

Streetscape or landscape buffers and median strips;

(vi)

Major utility easements over thirty (30) feet wide;

(vii)

Oil and gas well sites and buffers;

(viii)

Storm water detention and water quality ponds greater than five (5) feet deep with slopes greater than five to one (5:1).

(f)

Procedure for Dedication of Park Land. The dedication of park land shall be reviewed and approved as part of the preliminary plan. The developer shall designate on the preliminary plan the area or areas of land to be dedicated pursuant to this Section.

(g)

Submission of Deed and Survey. Unless otherwise stipulated in a development agreement, the conveyance of dedicated land to the Town shall be by warranty deed and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The owner shall provide the Town with title insurance for the property. The deed shall be submitted no later than thirty (30) days after the approval of a phase's final plat.

(h)

Payments of Cash in Lieu of Land Dedication.

(1)

Applicability. The Council may determine that the dedication of land for park purposes is not necessary or not practical for a specific development and may require cash in lieu of land dedication.

(2)

Use of Funds. Any cash-in-lieu payments received shall be placed into a separate account to be used exclusively for Parks capital improvements ("Parks Capital Improvements Funds"). The expenditure of funds from the Parks Capital Improvements Fund shall be determined by the Council, but in any event, such funds may only be used for capital improvement of park lands and facilities, including acquisition of park land, which reasonably serve the development contributing the cash-in-lieu funds.

(3)

Demand for Expenditure or Reimbursement. In the event the cash-in-lieu fund for park purposes received by the Town are not expended on park purposes within five (5) years of the date of receipt of such funds, the payor, including successors and assigns or such funds, may submit a written demand to the Town, through the Town Clerk and with copy to the Town Attorney, demanding that the Town expend such funds on park purposes or reimburse such funds. The Town shall have one (1) year from the date of such written demand to either expend such funds on park purposes in accordance with the provisions of Paragraph (h)(2), above or shall reimburse the park funds without interest to the payor, including successors and assigns. In the event any dispute exists as to the lawful person entitled to receive reimbursement of park funds paid to the Town, the Town may place such funds into an escrow account to be disbursed upon resolution of such dispute.

(Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to provide for the proper design, layout and construction of public improvements by development so that public improvements constructed by the applicant meets Town standards and is guaranteed by the applicant, thereby protecting the Town from inadequate or incomplete public improvement construction.

(b)

Applicability. This Section is applicable to any development proposing the construction or modification of any new or existing public infrastructure. Public infrastructure includes, but is not limited to, any land improvement including utilities, roadways, sidewalks, trails, landscaping, lighting, parking facilities, for public or private use excluding development for single-family or duplex homes.

(c)

Guarantee Required. To ensure the installation of required public improvements that are not accepted at the time the final plat is filed, the improvement agreement shall require the applicant to guarantee the completion of all such improvements by one (1) or more of the methods specified in this Section. The means of a guarantee may be changed during the guarantee period through a written modification of the agreement. The amount of the guarantee shall be determined on the basis of the applicant's cost estimate. The Town may substitute the actual construction bid prices for the cost estimate figures to ensure adequate guarantee amounts. If a change order work causes an increase in the construction contract, the guarantee amount shall increase commensurately. The guarantee shall remain in effect until final acceptance of the public improvements and the posting of an acceptable security for the warranty period.

(d)

Cost Estimate; Overrun Allowance. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the Engineering Department. For purposes of establishing the amount necessary for the guarantee of completion of public improvements, a percentage for overrun allowance shall be added to the total estimated or actual cost of public improvements as follows:

Table 7.32-2
Percent for Overrun Allowance

(e)

Methods. The public improvements agreement shall include one (1) or more of the following methods to guarantee the construction of required public improvements. Deeds of trust shall be subject to approval by the Council, which may be rejected in the Council's sole discretion. The form of guarantee shall be subject to approval by the Town Attorney.

(1)

Deposit in Escrow. The applicant may propose to deposit a cash sum equal to the estimated cost of all required public improvements plus overrun allowances as provided in Table 7.32-2 above, either with the Town or in escrow with a responsible financial institution authorized to do such business in the state. In the case of an escrow account, the applicant shall file with the Town an escrow agreement that includes the following terms:

(i)

Funds of the escrow account shall be held in trust until released by the Town and may not be used or pledged by the applicant as security in any matter during that period other than payment for the improvements. The funds may be used for payment of improvements as made, except that the escrow holder shall withhold from disbursement so much of the funds as is estimated as being necessary to complete the construction and installation of such improvements, plus an overrun allowance as provided in Subsection 7.32.100(d), above.

(ii)

In the case of a failure on the part of the applicant to complete any improvement within the required time period, the institution shall immediately make all funds in such account available to the Town for use in the completion of those improvements.

(2)

Letter of Credit. The applicant may propose to provide from a bank or other responsible financial institution authorized to do such business in the State an irrevocable letter of credit. Such letter shall be filed with the Town and shall certify the following:

(i)

That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of all required public improvements plus overrun allowances as provided in Subsection 7.32.100(d), above for the completion of all such improvements.

(ii)

That, in the case of failure on the part of the applicant to complete any specified improvements within the required time period, the creditor shall pay to the Town immediately and without further action such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter.

(3)

Deed of Trust. The applicant may propose to guarantee the completion of public improvements by granting the Town a deed of trust on the property being subdivided. The deed of trust shall secure the obligation to complete required public improvements by securing a stated amount equal to the estimated cost of all required public improvements plus overrun allowances. No deed of trust shall be accepted unless the unencumbered value of the property equals or exceeds the stated amount of the guarantee. The unencumbered value of the subdivision property shall be deemed to be the municipal assessor's estimate of the value of all lots of the subdivision less the amount of outstanding recorded lien obligations. The applicant shall not sell or otherwise transfer any lot secured by the deed of trust until the obligation to construct public improvements is satisfied or until a partial release is obtained. A partial release may be granted if and only if:

(i)

In conjunction with sale or transfer of any lot, the seller or transferor escrows funds as provided in Paragraph 7.32.100(e)(1), above, sufficient to cover the pro rata cost of all unaccepted improvements attributable to such lot.

(ii)

The escrow agreement provides that, in the case of failure on the part of the applicant to complete any improvement within the required time period, the institution shall make all funds in such account available to the Town for use in the completion of those improvements. The minimum amount to be escrowed shall be calculated by prorating the estimated cost of all required public improvements that have not been finally accepted plus overrun allowances against each lot on the basis of area.

(4)

No Financial Guarantee. The applicant may propose to provide no financial guarantee provided that applicant: (i) signs a public improvements agreement in a form acceptable to the Town Attorney, (ii) agrees that building permits and other development approvals may be withheld by the Town until completion and acceptance of the public improvements, (iii) agrees to disclose the public improvements agreement in any purchase and sale contract for the property or any portion thereof, (iv) agrees that the public improvements agreement shall be required, and (v) agrees to provide a guarantee in form acceptable to the Town to secure the site in the event of delay or abandonment in the construction and installation of public improvements.

(f)

Release of Guarantee of Improvements.

(1)

The Town shall release the obligation for performance guarantees upon the final acceptance of the improvement, together with the posting of adequate security for warranty.

(2)

The Town may refuse to release the obligation for any particular public improvement if the applicant or contractor is in present or imminent default in whole or in part on the completion of any other public improvement or warranty covered by the subdivision agreement.

(g)

As-Built Plans. Finished plans of all public improvements as installed shall be required and approved before the Town will accept the improvements.

(h)

Construction of Buildings. No proposed buildings designated on the approved final plat shall be erected, nor shall any permits be issued for any construction, until such time as public or private improvements affecting all the lots designated on the approved final plat have been constructed and approved or suitable provisions have been made for phasing of such construction in conformance with this Development Code.

(i)

Improvement Warranty.

(1)

The applicant shall warrant and guarantee that required public improvements constructed under the agreement will remain in good condition and meet operating specifications for two (2) years, commencing with final acceptance of each public improvement when it is completed. Such warranty includes defects in design, workmanship, materials and any damage to improvements caused by the developer, his or her agents or others engaged in work to be performed under the public improvements agreement. The developer shall not be responsible for cleaning, snow removal, ditching, grading, dust control or similar activities during the warranty period.

(2)

To secure the warranty:

(i)

The guarantee of performance provided for in this Section shall remain in effect until the end of the warranty period; or

(ii)

The applicant shall furnish the Town with a cash deposit or letter of credit in an amount equal to a percent of the total construction costs as set forth in this Subsection. This security shall guarantee the payment of any reconstruction or repair costs that may be undertaken due to failures occurring during the warranty period. Responsibility for identifying the necessity of repairs or reconstruction of the improvements shall rest with the Town.

Table 7.32-3
Percent to Secure Warranty

(j)

Correction of Deficiencies Under Warranty. Within thirty (30) days or a reasonable extension at the sole discretion of the Town Engineer, of notification by the Town of the need for repair or reconstruction, the applicant shall correct the deficiencies, satisfactory to the Town. Such notification shall be made by certified mail. If the applicant fails to repair or reconstruct the deficiency within the time specified in this Section, the Town will make the repair at the applicant's sole expense. The Town may then bill the applicant for the cost of the repair or declare the deposit forfeited. All repairs shall have a two (2) year warranty period and shall be guaranteed by the applicant in a manner satisfactory to the Town Engineer, including extension of the full warranty guarantee.

(k)

Release of Warranty. Inspection will be made by the Town at the end of the warranty period and prior to the release of guarantees. All deficiencies shall be corrected prior to release of the warranty security. Upon satisfactory correction of all deficiencies and completion of the warranty period for the corrected improvements, the Town will release the remaining security.

(l)

Default. If the applicant defaults on any obligation to construct required public improvements or the obligation to warrant and repair such improvements, the Town may demand immediate payment on the performance or warranty guarantee. In the case of deposits in escrow or letter of credit, the Town may demand immediate payment of a portion of all sums obligated for the performance or warranty of any improvement. In the case of a deed of trust guarantee method, the Town may foreclose on the deed of trust and may also retain any sums deposited to obtain a partial release of the deed of trust. All funds received by the Town shall be used for any construction, repair or reconstruction necessary to ensure that:

(1)

All required public improvements are built to specifications necessary to receive final acceptance; and

(2)

The improvements remain in good condition for the completion of the warranty period. The Town may use guarantee funds for the construction, repair or maintenance of required public improvements from the date of initial default until three (3) years after the funds have become available to the Town for such use, except that no use shall be made of the funds later than two (2) years after satisfactory completion and final acceptance of the work. Following either: (1) the final acceptance of all public improvements and posting of the warranty security, or (2) successful completion of the warranty period, or (3) the three-year period provided for in this Subsection, the Town shall pay to the applicant all guarantee funds which were not used or obligated for the completion of the improvements.

(m)

Standards May not Be Altered. All provisions of this Section are mandatory and may not be altered by the subdivision agreement. The obligations contained in this Section shall be enforceable by methods of this Development Code, as well as by contract.

(n)

Road Acceptance. The applicant shall post at all entrances to the subdivision a sign that states "NOTICE - Roads within this subdivision have not been accepted by the Town of Avon." This sign shall remain in place until acceptance by the Town of the roads within the subdivision. Acceptance inspection of roads will not be made during the period of November 15 through May 15 of the following year.

(Ord. 17-05 §§7, 8; Ord. 10-14 §3)

(a)

Purpose. The purpose of this Section is to establish minimum standards for conveyance of land dedications and dedication of public right-of-ways when required by the provisions of this Development Code or by other regulations of the Town in order to ensure that ownership of public lands and public facilities constructed on any such land dedications and ownership of public rights-of-way or lands are not restricted by encumbrances, reversions, covenants, title defects or by other means, from public use or public management as such use or management is contemplated and as is customary.

(b)

Applicability. This Section shall apply to the dedication of public rights-of-way and dedication of lands for public uses and public facilities as may be required for development applications under this Development Code.

(c)

Standards. The following standards shall apply as minimum standards for approval of dedication of public right-of-way or dedication of lands for public uses or public facilities:

(1)

The applicant shall provide a copy of a title insurance commitment for any property which proposes dedication of public rights-of-way or land, along with copies of all documents listed in the exceptions to title insurance coverage and which title insurance commitment is currently within ninety (90) days. The Town may find that the exceptions listed, policy terms or other limitation in a title insurance commitment do not provide adequate assurance of ownership of the property interest to be conveyed to the Town or do not provide adequate insurance coverage for title defects and may reject a proposed public right-of-way dedication for such purpose.

(2)

The applicant shall convey public rights-of-way on a subdivision plat and shall convey land dedications by special warranty deed. Both public right-of-way dedications and land dedications shall include special warranty language which meets the requirements of Section 38-30-115, C.R.S., and which includes the language, "[grantor] warrants the title against all persons claiming under me."

(3)

The applicant shall provide a title insurance commitment to the Town by a title company and with title coverage policy terms acceptable to the Town, which provides title insurance for dedicated public rights-of-way and for land dedications in an amount of coverage determined to be acceptable to the Town.

(4)

Public right-of-way dedications and conveyance of land dedications shall not be acceptable if title is subject to foreclosure by third parties or if the title conveyed or dedicated to Town interest is otherwise subordinate to the grantor or a third party.

(5)

Public right-of-way dedications and conveyance of land dedications shall not be accepted if conveyed with a reversionary or fee simple determinable interest. The Town may accept public right-of-way dedications or land dedications which are subject to restrictive covenants that may be enforced by owners of the applicant's property where such restriction is related to limiting the use of the dedicated or conveyed property as proposed by the applicant in the development application and as approved by the Town.

(6)

The Council may waive any of the requirements of this Section where the Council finds that compliance is not possible due to the nature of the property or nature of the title to the property or where Council finds that strict compliance with the standards in this Section is not necessary to protect the public interest.

(Ord. 10-14 §3)