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HomeMy WebLinkAbout2018-20PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2018, First Reading, on the Town of Vail's web site, www.vailciov.com, on the 7t" day of November, 2018. Witness my hand and seal this 7th day of November, 2018. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES 2018 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL BURNING DEVICE CONCERNING AIR QUALITY WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21, Series of 1991, setting forth certain provisions to control air pollution within the Town; WHEREAS, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter standards than the existing regulations in the Town of Vail; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community needs and priorities; WHEREAS, amending the regulations will provide a benefit to residents and visitors to Vail through improved air quality; WHEREAS, the proposed amendments are supported by the Town of Vail's 2009 Environmental Sustainability Strategic Plan; and WHEREAS, on November 20, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows (text that is to be added is shown in bold. Text that is stricken is shown in strikethre irvh) is hereby repealed in its entirety and reenacted as follows: 5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce eeveR and five tenths grcamc ('� not more than four and five -tenths grams (4.5 g) of particulates per hour or less, or to meet the current environmental protection agency standard, whichever is more restrictive. This shall include both catalytic and noncatalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emission criteria. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 20t" day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 21 st day of November, 2018. Witness my hand and seal this 21 st day of November, 2018. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES 2018 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL BURNING DEVICE CONCERNING AIR QUALITY WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21, Series of 1991, setting forth certain provisions to control air pollution within the Town; WHEREAS, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter standards than the existing regulations in the Town of Vail; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community needs and priorities; WHEREAS, amending the regulations will provide a benefit to residents and visitors to Vail through improved air quality; WHEREAS, the proposed amendments are supported by the Town of Vail's 2009 Environmental Sustainability Strategic Plan; and WHEREAS, on November 20, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 5-3-2 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows (text that is to be added is shown in bold. Text that is stricken is shown in strikethroug-1 ) is hereby repealed in its entirety and reenacted as follows: 5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce seven and fi„o_+onths gramo 17.5 g) not more than four and five -tenths grams (4.5 g) of particulates per hour orless, or to meet the current environmental protection agency standard, whichever is more restrictive. This shall include both catalytic and noncatalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emission criteria. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 20t" day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk