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Building

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1. What are the codes in use?

The Town of Avon is currently using sections of the 2015 International Building Code. Specific chapters and codes can be found on the Building Department page.

2. When do I need a permit?

Most requests for a permit are reviewed on an independent basis. To determine if your project needs a permit please contact the Building Department (970) 748-4011.

3. Do I need a Contractors License?

In order to perform contractor duties within the Town of Avon, the contractor must be licensed with the Town. Please contact the Community Development Department at (970) 748-4011 if you are unsure as to whether your registration is current or if you need to register. Registration is valid for one (1) year.

Contractor's Registration Application

4. How do I schedule an inspection?

Call the Inspection Request Line at (970) 748-4094.

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Code Enforcement

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1. How does the Town handle the accumulation of trash and junk on private property?

Warning notices are issued to the property owner or occupant. Compliance times vary based on severity of violation. Failure to comply within time frame will result in a court summons leading to fines and penalties.

2. What is the Town’s policy on noxious weeds and undesirable plants?

It is the property owners or occupant’s responsibility to control the infestation of noxious weeds and undesirable plants. If the Town receives a complaint on a specific property a warning notice is issued. Failure to comply within specified time period will result in the Town’s Public Works Department implementing weed control at the expense of the property owner.

Please see the Town’s page on Noxious Weed Management for a complete list of noxious weeds.

3. Does the Town have an ordinance enforcing the parking of vehicles and trailers on both public and / or private property?

Vehicles, trailers and other equipment must be parked in designated parking areas only. Failure to do so will result in a warning notice of compliance. Failure to comply with notice will result in a court summons leading to fines and penalties.

4. What is the Town’s policy toward short-term rentals?

A short-term rental is any dwelling unit other than a lodge leased to an occupant for a time period of thirty-one (31) days or less. A business and sales tax license is required to lease a short-term rental property.
Upon discovery of an unlicensed rental unit, a short-term rental operator will receive a one-time warning notice to cease and desist immediately. Failure to comply will result in a court summons leading to fines and penalties. Business License information

5. Does the Town have an ordinance involving temporary and permanent signage on public and private property?

Yes, all signage whether temporary or permanent must be applied for and granted approval. A temporary sign permit allows the owner or operator of a business to display temporary signage for a period of no more than thirty (30) days after the approval of the application. If signage is displayed prior to approval, the allowed display time may be pro-rated accordingly. Permanent signage must meet various design criteria prior to approval and installation. Contact the Community Development Department at (970) 748-4030 for an application.

6. Does the Town have a policy relating to minor projects?

Yes, all minor projects must be applied for and approved. A minor project is any project which modifies the exterior of a property or premises. Construction of a minor project without prior approval will result in an application fee three (3) times the amount of the original fee. A property owner is building at their own risk prior to application approval.

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Finance

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1. When do I need a business license?

Anyone engaging in business in Avon is required to obtain a license.

2. How do I obtain a business license in the Town of Avon?

Business licenses are issued by the Finance Department with the approval of the Community Development Department. Registration of the business is required, as outlined in Avon's Municipal Code Chapter 5.04. Register for a business here.

3. How do I obtain a sales tax license in the Town of Avon?

An online system allows you to obtain your license, file your returns and make payment in one place. Please register your business at
https://avon.munirevs.com.

4. How do I file a sales tax return and make payment?

The Town of Avon no longer accepts paper forms, this is now all done online at MuniRevs: https://avon.munirevs.com.

5. When do I collect sales tax for Town of Avon?

If a sale is made within the Town of Avon, you must collect 4% sales tax.
If you have a short term rental in the Town of Avon, you must collect 4% sales tax and 4% accommodations tax.
If you are a contractor, all materials delivered to your job site in the Town of Avon is subject to 4% tax.

6. How do I make a change to or cancel my business license or my sales tax license?

If you would like to make a change to or cancel your business license, complete the Change/Close form and email it to salestax@avon.org, mail it to PO Box 975 Avon, CO 81620 or deliver it in person to 1 Lake Street in Avon. Change/Close Form

7. What is required if I have a rental property in Avon?

A business and sales tax license is required. The business license number must be posted when advertising the rental. Each unit must have an operational carbon monoxide alarm.

8. Does the Town of Avon have a Use Tax?

No, the Town of Avon does not have a Use Tax, but if you deliver merchandise into the Town of Avon on an occasional basis, you must collect sales tax on the sale of goods that you are delivering.

9. Do I need a sales tax license if I am selling at a Town of Avon event?

Yes, you need a sales tax license and separate returns must be filed for our special events. If you need assistance, please email salestax@avon.org or call (970) 748-4019.

10. If I only need to file and remit sales tax one time, do I need to obtain a sales tax license?

No, you do not need to obtain a sales tax license. To remit your sales tax, please email salestax@avon.org or call (970) 748-4019.

11. What is the sales tax rate at the Village of Avon?

The total effective sales tax rate/fee is 9.549%

12. Is Beaver Creek in the Town of Avon’s taxing jurisdiction?

No, Beaver Creek is not. For information on taxes in Beaver Creek, call Beaver Creek Resort Company at (970) 845-5972.

13. Is Bachelor Gulch in the Town of Avon’s taxing jurisdiction?

No, it is not. For information on taxes in Bachelor Gulch, call Bachelor Gulch Village Association at (970) 754-6909.

14. Is Eagle-Vail in the Town of Avon’s taxing jurisdiction?

No, Eagle-Vail is not. For information on Eagle-Vail taxes, call Eagle County at (970) 328-8600.

15. If I lease a car in Denver, do I have to pay Town of Avon Sales Tax?

If you lease a car outside of the Town of Avon and your home street address is in the Town of Avon, you must pay Town of Avon Sales Tax.

16. I have a business in the Town of Avon, but I buy all my materials for my jobs outside of the Town of Avon, do I still have to collect Town of Avon sales tax for the jobs I do in the Town of Avon?

Because your business is physically located in the Town of Avon, all jobs that are done within the Town of Avon, require that you collect Town of Avon sales tax. This applies to install jobs regardless of where the materials are purchased and to retail over-the-counter jobs. The only jobs where the Town of Avon sales taxes would not be collected would be those install jobs performed outside the city limits.

17. Where do I get the form that gives me an exemption from Real Estate Transfer Tax?

You can download a Real Estate Transfer Tax Application. Learn more here: http://avon.org/2126/Primary-Residence-Exemptions

18. What is the Primary Residence Exemption for Real Estate Transfer Tax?

There are three types of Primary Residence Exemptions. The applicant must meet the definition of a Primary Resident as provided in section 3.12.020 of the Town of Avon Municipal Code as well as submit an application and promissory note. You can learn more here: http://avon.org/2126/Primary-Residence-Exemptions

Additional information

19. How do I release a tax lien?

The Town of Avon places a tax lien on your property when you receive the primary real estate transfer tax exemption to ensure that you provide proof to release the lien.

For RETT exemption 17 and RETT exemption 18, the town will release the lien no sooner than one year after the acquisition date if the applicant provides evidence that the property was used as a primary residence.

For RETT exemption 19, the town will release the lien no sooner than three years after the acquisition date when the applicant provides evidence that the property was used as a primary residence.

Evidence includes a copy of any of the following government documents which lists the exempted property as the current address:

• Colorado driver’s license or ID (front and back)
• Avon voter registration.  You can check your status at: https://www.sos.state.co.us/voter/pages/pub/home.xhtml
• Vehicle registration

All applicants on who applied for the RETT exemption must submit proof.

If the applicant(s) cannot provide evidence, they may be subject to repaying the exemption plus interest to have the lien released.

Evidence is accepted by email or by mail at PO Box 975, Avon, CO 81620, or in person at 100 Mikaela Way Avon, CO 81620.

Releases can be processed in one business day.

20. What is the Utility Tax?

Utility Tax is a 1% tax on the gross receipts derived from the sale of electric, gas, other heat, telecom, or telephone services. It is in lieu of the 4% sales tax.

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Fleet Maintenance

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1. Can you maintain my vehicle?

If you are a tax-free organization (e.g., governmental agency, metro district, special district, etc.), we are able to perform maintenance on your vehicle.

2. What time of day can I bring in my vehicle or deliver parts to you?

Please bring your vehicle or deliver parts between the hours of 8:00 a.m. and 5:00 p.m.; please call first if you would like to schedule a time outside of these hours.

3. Where exactly do I deliver parts or bring my vehicle?

Avon Fleet is located at the Public Works complex north of I70 at exit 167. Our address is 500 Swift Gulch Road, Avon, CO 81620.

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Human Resources

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1. How can I find out if there are vacancies at the Town of Avon?

Vacancies can be found on the Town’s website, www.avon.org, and are accessible in two locations of the website home page:
1) at the top of the page, click How Do I., Apply For…, Employment Opportunities and
2) at the bottom of the page, click Administration and Employment Opportunities.

Review the job posting to determine if you meet the minimum qualifications for the job. The full description of the position vacancy is viewable on the Employment Opportunities page.

2. How long are jobs posted?

As positions are vacated and approved for posting, the HR Department is notified by the hiring supervisor to post the job announcements. In most cases, job announcements indicate a specific closing date; however, the announcement may close at any time depending on the number of qualified applicants that have applied and where the hiring supervisor is in the process.

3. Do I need to complete an application, or will a resume suffice?

Although we accept resumes, applicants are required to complete the Town of Avon employment application for open positions. It is important that the application be completed in its entirety.

4. Is an application required for each position I am interested in?

Yes, a separate application is required for each position of interest.
Positions within the Police department require the “Police Application” to be completed. Resumes and additional supporting documentation may be submitted along with the application.

5. Can I apply online?

Yes. Downloadable PDF applications are available online at www.avon.org/jobs. Applications and supporting documents must be submitted to jobs@avon.org. www.avon.org/jobs

6. Can I apply without selecting a job?

No. We only accept applications for positions that are currently open.

7. Do I need to submit a resume?

No, however, your resume may provide additional information necessary to determine your qualifications for the position. Although your resume may include work experience and education, it is important to complete each section of the application to ensure your information is accurately processed during the screening process.
Note, some positions will require a resume and additional information submitted during the application process.

8. How do I upload my resume and supporting documents?

On the Employment Opportunities page:
1) Click “Download Application
2) Enable document
3) Complete the application(s) for the position(s) you are applying
4) Save the completed application to your documents
5) Click “Email Resume and Application” button, attach the application and supporting documents before submitting email to jobs@avon.org.

9. Who can I contact for help with Employment Opportunities?

If you have questions or encounter any difficulties completing your online application, please email Human Resources at jobs@avon.org or call (970) 748-4025 during regular business hours 8:00 a.m. to 5:00 p.m. (MST) Monday through Friday.

10. What happens after I submit the application?

Upon receipt of your application, you should receive a confirmation email. HR will contact you if any supporting documents or information are missing or needed. If the applicant meets the set requirements, the hiring supervisor will notify HR to include the applicant as a potential interview candidate.

11. How long does it normally take before I am scheduled for an interview (if selected for an interview)?

On average, it can take two to four weeks, from date of posting to review and selection the applicants who will move on to the next step of the interview process. In some cases, the process may take longer depending on the number of applicants and the complexity of the position.

12. How will I know if I am selected for an interview?

The Town of Avon will send a notification to you regarding the status of your application after the review process has begun. The review process typically commences two weeks after the announcement is posted or once a significant number of applicants have applied. Once the review process is completed the hiring supervisor will select the most qualified candidates to move forward with either a skills assessment or an interview.

13. Are there any conditions that must be met before I can be hired?

Hiring for final applicants will be contingent upon the completion of a successful pre-employment screening. Also, please be aware that if you are made a job offer and accept, you are required to provide acceptable documentation to establish your identity and your eligibility to work as required on the I-9 form (per the Immigration Reform and Control Act). Some positions will require additional screening such as a multifaceted background screening and drug testing.

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Police

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1. What hours are you open?

Monday - Friday from 8:00 a.m.- 5:00 p.m. (except for holidays)

2. Can I get a VIN inspection done at Avon PD?

VIN Inspections are for Town of Avon residents or Town of Avon business owners. There is a $10.00 fee. VIN Inspections will be conducted on Tuesday's from 9:00 a.m. - 1:00 p.m. and on Thursday's from 12:00 p.m. - 4:00 p.m.

The Avon Police Department requires 

◦Title, registration, bill of sale or some legal proof of ownership for the vehicle

◦Current proof of insurance

◦A valid drivers license

3. Do you do fingerprints?

Fingerprints can be taken on Tuesday's from 9:00 a.m. - 1:00 p.m. and on Thursday's from 12:00 - 4:00 p.m.  You will need picture identification and there is a $10.00 fee.

4. Who do I call with animal control questions?

The Town of Avon Police Department at (970) 479-2200, extension 0 or call Eagle County Animal Services at Animal Services at (970) 328-3647

5. Can I play fetch with my dog in Nottingham Park?

Dogs must be on a leash while on public property, this includes all parks and school grounds. There is a designated off-leash dog area located in the northeast section of Nottingham Park between the fishing pier and the sedimentation pond.

Owners will be responsible for their dogs at all times while utilizing the off-leash area and must follow specific rules and regulations, which are posted on park signs. Some rules include:

Off-leash dogs must remain within the designated area.
Off-leash dogs must be under vocal control by owners.
Owners are responsible for immediate cleanup and disposal of all dog waste.
Dogs are not allowed to swim in Nottingham Lake.
More Information

6. How do I request an accident report?

Accident/Incident Reports

 

 To receive a copy of an incident or accident report the Avon Police Department requires a completed records request form. This can be submitted to the department by email, fax, mail or in  person. If you do not have a case number, please provide information  that includes: who, when, where and the officer’s name.

 Upon completion of the records release form we will then send you the  report via email, fax or U.S. mail. If you are involved in the report  there is no fee. However, if you are not involved in the report the  following fees will apply:

• State Accident Report Form: $5.00
• Incident Reports: $00.25 per page
• Copies of Video/Audio recordings: $30.00 per hour 

7. What is the phone number to the business that provides motor vehicle registration?

(970) 748-2000

8. Can I drive and/or park on a non-motorized trail with a car, motorcycle, or moped?

No. Trails are for non-motorized vehicles and emergency vehicles only.

9. Do you provide Portable Breath Test’s?

A portable Breath Test can be done any time of day. However, we do have a $5.00 fee that needs to be paid during administrative hours. If you have pre-purchased breath tests, you may use the phone outside of the Police Department to request an officer to provide the test. If you have not pre-purchased your test you will need to come in during regular business hours.

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Public Works

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1. How do I obtain a Right of Way permit?

A Right of Way Permit Application Checklist, Standard Conditions for Right-of-Way Permit and Application are available for download. The checklist explains the application process.

Once documentation is compiled and the application is complete, the Applicant should then schedule a meeting with the Road and Bridge Division by calling (970) 748-4100. ROW Permit Checklist, Conditions & Application

2. When is the annual spring Clean-Up Week?

The Annual Spring Clean Up Week will take place from May 22 - 26, 2023. Residents can place unwanted items curbside and Avon Public Works will make periodic rounds to collect the items.

*Please note that items with special handling and disposal requirements do not qualify for this program. For example, we cannot pick up tires, construction debris, hazardous and toxic waste (e.g., paints, motor oil, batteries, etc.), fluorescent light bulbs, refrigerators and freezers. Please contact Eagle County (970) 328-3470 for recycling and disposal methods of these items.

3. Will the Road and Bridge Department pick up my yard waste?

No, expect during the annual Spring Clean Up week in May.
Property owners and landscapers should take yard waste to the Eagle County Landfill or compost it on the property.

4. Who is responsible for the lights on Highway 6 and West Beaver Creek Blvd?

The lights at the intersection of Highway 6 and West Beaver Creek Blvd belong to C-Dot. If you need to report a concern, contact Dave Kuhn with C-Dot (970) 524-7749.

5. Who is responsible for maintaining the gutter, curb, sidewalk, storm ditch and the landscaping adjacent to the street?

In most cases, the abutting property owner is responsible for this maintenance. In some instances – where the town is the abutting property owner or where a local improvement district (LID) has been created – the town is responsible for this maintenance. If you are unsure whether or not you are paying to participate in a LID, please contact Public Works at (970) 748-4100.

6. Do I need to get a permit to do maintenance on the gutter, curb, sidewalk, storm ditch or landscaping adjacent to the street?

Yes. If you will be conducting work in the public right-of-way, you will need to obtain a permit before beginning work. Please contact Public Works at (970) 748-4100.

7. I would like to beautify the right-of-way abutting my property - what kind of plants or other materials can I place there?

The Town encourages roadside beautification efforts but only within functional limitations. Depending on neighborhood and the specific parcel, the public right-of-way may extend another 10 to 15 feet behind the edge of asphalt, with an additional easement of up to 10 feet for snow storage. Conflicts with traffic visibility, storm water control, and street maintenance activities (e.g., snow plowing, ditch grading) restrict options in these areas. Low height turf or native grasses and wildflowers are strongly recommended. No hard structures, including trees, bushes, rocks, berms, irrigation piping, or the like are permitted within the right-of-way. The Town is not responsible for maintenance or damage to any plants or other materials placed by the property owner in these public areas. Please contact Public Works at (970) 748-4100 for a suggested plantings list or for more information on this subject.

8. Can I place lawn clippings, yard waste, or materials going to the dump in the storm ditch or along the right-of-way?

No. This impedes operations and is also considered littering, punishable under Avon Municipal Code 8.1.120. Please contact Public Works at (970) 748-4100 to report violators.

9. Can you make a specific sign that I’d like to recommend?

We are able to produce street signs for outside agencies.

10. Can you put up a banner, lights, or a sign for me?

We only erect signs, banners, lights, etc. on public property within the Town of Avon limits. It is not our business (nor are we insured to) erect signs, banners, flags, etc. on private property.

11. Is it possible to disable those noisy back-up alarms on plows and other heavy equipment?

The back-up alarms are required by federal law to remain in service. We regret that the noise can be bothersome but unfortunately we are unable to disable them.

12. What time of day does the town allow construction noise?

Avon Municipal Code 8.24.085 allows construction noise during the hours of 7 a.m. and 7 p.m. on most days and between 9 a.m. and 6 p.m. on Sundays and national holidays, unless otherwise allowed for by the Town Manager.

13. Who do I contact about a street light in Avon that needs attention?

Email or call the Town Engineer at (970) 748-4045.

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Recreation

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1. Where can I find out about special events in the Town of Avon?

Special event information can be found on the Special Events page www.avon.org/events. If you are looking for a place to hold your special event, the Town of Avon is the perfect venue! Contact our Special Event Manager at (970) 748-4065.

Special Events

2. Does the Town of Avon have facilities available to rent for special occasions?

The Avon Recreation Center is available for children's birthday parties. Adult/Child ratios are required for Recreation Center swimming parties. Four (4) to five (5) attending adults must be wearing a bathing suit and actively supervising children eight (8) years of age and under. Maximum number of children allowed is 15. Additional adults will be charged regular admission fees.
Contact the Avon Recreation Center to learn more at (970) 748-4060 as well as complete the registration form.

3. Where are the parks located in the Town of Avon?

The Town of Avon has several beautiful parks for your enjoyment. Harry A. Nottingham Park is located in the core of town. Avon's Whitewater Park located beneath "Bob the Bridge". Pocket Parks located throughout Avon.

More...

4. When is the Avon Recreation Center Open?

Monday through Friday 6 a.m. to 9 p.m.
Saturday 8 a.m. until 9 p.m.
Sunday 12 p.m. until 7 p.m.
Pool features open at 10 a.m. Monday through Saturday and 12 p.m. on Sunday.
Pool closes at 8 p.m. Monday through Saturday
* Reduced Hours: Christmas Eve, New Years Eve and New Years Day
* Closed: July 3rd, Thanksgiving Day, Christmas Day

5. What are the Avon Recreation Center's Rates?

The Avon Recreation Center offers daily and membership rates for residents and non-residents. Please see our Fee Schedule

6. Where can I find out about fitness classes?

Please see our Weekly Group Fitness Schedule

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Short Term Rentals

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1. Are short term rentals allowed in Avon?

Avon Town Council approved Ordinance 09-12, making short term rentals legal within most of the town center area. Areas once considered, but excluded from the final ordinance, include Nottingham Road, Wildridge and other Planned Unit Developments (PUDs) within the town center. More Information

2. If I am allowed to short term rent, do I need to collect sales or accommodation taxes?

Yes, you must collect Avon sales and accommodations tax. More information on collecting and remitting taxes can be found on our accommodations tax web page. More...

3. How do I amend a PUD?

Please see the link below for an application to amend a PUD. You may also contact the Community Development Department at (970) 748-4030 for more information. More...

4. What is involved in a public hearing for a Special Review Use permit?

All property owners within a 300 foot radius must be notified of the public hearing. The public hearing will take place during a Planning and Zoning meeting. These meetings are held on the first and third Tuesday of each month. Contact the Community Development Department for more information at (970) 748-4030.

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Towing and Booting

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1. My car was booted in Avon. Who do I call?

The booting company is required to provide their contact information in the car window. Contact the booting company to have the boot removed.

2. Do I have to go to court?

You have the right to a boot hearing if you choose to contest the charge. If you pay to have your boot removed, you will not need to appear in court.

3. How do I request a hearing about my vehicle being booted?

Provide a written request to the Avon Municipal Court Clerk for a procedure hearing or to contest the boot within 10 calendar days of the date the car is booted. You may also appear in person.

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Town Clerk

Show All Answers

1. How do I obtain liquor licensing information?

Contact the Town Clerk at (970) 748-4001 or by email.

2. How do I obtain a vehicle impoundment license?

You can obtain a vehicle impoundment license application from Avon’s website, complete it in full and submit it with $400 to the Town of Avon, Town Clerks Office, PO. Box 975, Avon, CO 81620

3. How can I get a Town Council agenda?

Visit Avon’s website for Town Council agendas.

4. Where is the municipal code located?

The Municipal Code is codified by a third-party organization "Muni Code" which provides publishing and hosting services for Avon's Municipal Code. To access the code, click on the Municipal Code link. Municipal Code

5. How do I get on the agenda?

Contact the Town Clerk’s Office or telephone (970) 748-4001 to submit your request to address the Avon Town Council.

6. Are Eagle-Vail, Beaver Creek, Bachelor Gulch and/or Edwards in the town limits of Avon?

No. These communities are not in the boundaries of Avon.

7. Do I need a permit to sell goods in the park?

Yes. Contact the Finance Department at (970) 748-2225 for information on obtaining a license.

Business license

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Urban Renewal

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1. What is an Urban Renewal Authority?

The Urban Renewal Authority implements urban renewal projects in accordance with urban renewal plans adopted by Town Council.

2. What is the purpose of an Urban Renewal Authority for Avon?

The purpose of creating a URA in Avon is to give the town the ability to revitalize its town center core, improve vehicular and pedestrian access and strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism, and economic center.

3. What is an Urban Renewal Plan?

Once an Urban Renewal Authority is created it needs a “plan of action.” An Urban Renewal Plan guides the Urban Renewal Authority on how redevelopment should be implemented.

4. What is the Main Street Redevelopment Project?

Avon has long lacked a cohesive town center core. This project will build a new Main Street for Avon. This street is envisioned as a mostly pedestrian area that will combine retail, commercial and residential uses in one area. Public plazas, art, and a civic center that will include Avon’s Recreation Center, Nottingham Park, library, and municipal building are all part of the vision.

5. What is a Conditions Survey (Blight Study) and why do one?

Tax Increment Financing (TIF) is a mechanism used by communities to fund eligible improvements within a designated area. TIF dollars can only be used within an urban renewal (redevelopment) area. An area may be designated as an urban renewal (or redevelopment) area after the following:

1. Independent blight study or conditions survey has been prepared and presented first, to the municipalities urban redevelopment authority or board, and second, to their Council;
2. Market analysis has been completed in order to determine the potential for future uses within the urban renewal area, and their potential timing;
3. Urban renewal plan document and supporting financing plan (impact analysis) have been prepared;
4. Stakeholder have been contacted and invited to comment on future uses and required improvements within the area;
5. Council accepts the findings of the conditions survey and adopts (by resolution) the urban renewal plan.

6. What is Tax Increment Financing (TIF)?

Tax Increment Financing (TIF) is a unique mechanism that enables an urban renewal authority or board to use the net new tax revenues generated by projects within a designated urban renewal area to help finance future improvements. TIF is a new source of tax revenue, not an additional tax, that would not be available but for new investment.

When a redevelopment project is being planned, the urban renewal authority or board analyzes how much additional property and/or sales taxes may be generated once it is completed. That “tax increment” then can be used by the urban renewal entity either to finance the issuance of bonds or to reimburse developers for a portion of their project costs. In either case, the new tax revenue that is created must be used for improvements that have a public benefit and that support the redevelopment effort, such as site clearance, streets, utilities, parks, the removal of hazardous materials or conditions, or site acquisition.

Source: Denver Urban Renewal Authority

7. Can TIF always be used to finance a project?

No, TIF is used only when a “blighted” area or property cannot be redeveloped without public investment and when it meets a public objective, and then only to fill the “gap” between the total project cost and the level of private financing the project can support. In the case of developer reimbursement, the amount of money reimbursed depends on the success of the project, with the developer being reimbursed only if the project creates additional tax revenue for the community.

8. If an area is described as “blighted” what does that mean?

The legal term “blight” describes a wide array of urban problems, which can range from physical deterioration of buildings and the environment, to health, social and economic problems in a particular area. According to Colorado State Statutes (CRS 31-25-103) (2), a “blighted area” is defined as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare; …
Property owners within a “blighted” area are not required to be notified of blight or fix blight.

9. What is the legal definition of a blighted area?

“Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare:

(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(g) Defective or unusual conditions of title rendering the title non-marketable;
(h) The existence of conditions that endanger life or property by fire or other causes;
(i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities;
(j) Environmental contamination of buildings or property;
(k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements;
(l) If there is no objection of such property owner or owners and the tenant or tenants of such owner or owners, if and, to the inclusion of such property in an urban renewal area, “blighted area” also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. For purposes of this paragraph (1), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.

Source: Colorado Revised Statute 31-25-103(2).

10. Why would I, a property/business owner, want to be included in an urban renewal area?

By initiating the process of designating an area for urban renewal, a community is sending the message that they are interested in assisting with its revitalization. Through the planning process, market opportunities are identified and the private sector is engaged in understanding these opportunities, as well as the tools which are available to assist with project implementation. Property owners and businesses benefit from both the public and private commitments and investment through association and proximity. (Also see “impacts to property values.”)

11. Does being in an urban renewal area affect my property values?

It can affect your property values, and more often than not, in a positive way. Frequently, when an urban renewal area is designated, property values increase. This happens because many times private individuals begin to purchase land (speculation) in anticipation of both, future development and increased property values. It also happens because properties located within an urban renewal area are often perceived by the development community as valuable because of the availability of financial incentives which are not available outside the district.

12. Does being in an urban renewal area mean my property will be condemned?

No. The Town of Avon has excluded the right to use eminent domain entirely from its Urban Renewal Plan. Property for an urban renewal project is most often acquired by private interests in arms-length transactions at fair market value. Most municipalities are extremely reluctant to use their condemnation powers for many reasons, not the least of which is the lengthy acquisition and negotiation process.

13. Who decides what the final urban renewal plan will look like?

Input from “stakeholders” who participate in the public process to define a vision for the area is incorporated into the urban renewal plan. The plan is then presented to the urban renewal entity for review, discuss and approve, and ultimately the plan document is presented to Council for adoption.

14. If my property is in an urban renewal area, what flexibility do I have to improve it?

The same municipal regulations which applied prior to the urban renewal designation, apply after, e.g. zoning, special districts (if any), etc. The presence of urban renewal does not impose additional restrictions on property use. Rather, it makes available additional tools (incentives) to assist with implementation projects which are consistent with the urban renewal plan.

15. What is the process for establishing an urban renewal area and advancing and urban renewal plan?

Generally

1 Determine Project Planning Area Boundaries; 2 Verify Presence and Location of Blighting Conditions; 3 Prepare Conditions Survey *; 4 Present Conditions Survey Findings to Urban Renewal Entity and Council for Acceptance; 5 Identify Market Opportunities Within Area and Quantify Timing; 6 Together with Stakeholders – Define Future Role of Area in Community; 7 Prepare Urban Renewal Plan; 8 Complete Financial Analysis (Tax Increment Finance – TIF); 9 Complete Impact Analysis (as per legislation) and Share With All Impacted Taxing Bodies; 10 Present Urban Renewal Plan to Urban Renewal Entity and Council for Adoption; 11 Issue Request for Projects; 12 Implement Plan

* Based on conditions survey findings, modify boundaries for urban renewal area, if necessary.

Source: Leland Consulting Group, (303) 458-5800, www.lelandconsulting.com